HomeMy WebLinkAboutAgenda Packet 08-05-2008
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August S, 2008
6:00 P.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
todais 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.
·
August S, 2008
6:00 P.M.
BOARD OF COUNTY
COMMISSIONERS
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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. S
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I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the July 15, 2008 meeting.
IV. PROCLAMATIONS/PRESENTATIONS
A. There are no proclamations/presentations scheduled for August 5, 2008.
V. GENERAL PUBLIC COMMENT
VI. CONSENT AGENDA
A. WARRANTS
Approve warrant list No. 42, 43 and 44.
B. COUNTY ATTORNEY
1.
2.
3.
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Dickerson Realty Florida, Inc. - Permanent Easement - 5-foot sidewalk easement on Bandy Blvd.
_ Resolution No. 08-248 - Consider staff recommendation to accept the Permanent Easement,
authorize the Chairman to sign Resolution No. 08-248 accepting the Permanent Easement and
direct staff to record the documents in the Public Records of St. Lucie County, Florida.
Deputy Sheriff's Blanket Bond - Consider staff recommendation to authorize the Chairman to
execute the Bond.
New Horizons of the Treasure Coast, Inc. - Right-of-Way Donation; 40 feet on West Midway
Road and 5 feet on Favorite Road; Resolution No. 08-244 - Consider staff recommendation that
the Board accept the Special Warranty Deed subject to New Horizons providing the County with
Partial Releases, authorize the Chairman to sign Resolution No. 08-244 and direct staff to record
the documents in the Public Records of St. Lucie County, Florida.
Treasure Coast FBO, LLC - Revocable License Agreement for Aviation Fuel Trucks - Consider staff
recommendation that the Board approve the proposed Revocable License Agreement with
Treasure Coast FBO, LLC, and authorize the Chairman to sign the agreement.
5.
Aircraft Rescue and Firefighting Facility (ARFF) - Lease Agreement with St. Lucie County Fire
District - Consider staff recommendation that the Board approve the proposed lease agreement
with the St. Lucie County Fire District for the Aircraft Rescue and Firefighting Facility (ARFF), and
authorize the Chairman to sign the Lease Agreement.
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C. PUBLIC SAFETY
1. Resolution No. 08-241 County Emergency Management Preparedness and Assistance Trust Fund
Base Grant (EMPA) Federal match portion - Consider staff recommendation to approve Budget
Resolution No. 08-241 and authorize the Chairman to sign.
2. Request to accept Modification #1 to Agreement #07-DS-5N-10-66-01-336, State Homeland
Security Grant, time extension - Consider staff recommendation to approve Modification #1 to
Agreement #07-DS-5N-10-66-01-336, State Homeland Security Grant Agreement.
3. Request to accept Modification #2 to Agreement #07-DS-3W-10-66-01-248, State Homeland
Security Grant, time extension - Consider staff recommendation to approve Modification #2 to
Agreement #07-DS-3W-10-66-01-248¡ State Homeland Security Grant Agreement.
4. Request to accept Modification #1 to Agreement #C07-06-313, Treasure Coast Regional Planning
Council extension date utilizing the remaining State Homeland Security Grant Program funding of
$8,969.00 - Consider staff recommendation for the Board to approve Modification #1 to
Agreement #C07-06-313, Treasure Coast Regional Planning Council Agreement and authorize the
Chairman to sign.
5. Request to accept Modification #1 to Agreement #C07-02-053, Treasure Coast Regional Planning
Council extension date utilizing the remaining State Homeland Security Grant Program funding of
$4,864.25 - Consider staff recommendation for the Board to approve Modification #1 to
Agreement #C07-02-053, Treasure Coast Regional Planning Council Agreement and authorize the
Chairman to sign.
D.
INVESTMENT FOR THE FUTURE
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Board approval to award Invitation to Bid (ITB) #08-051, St. Lucie County Fairgrounds Wastewater
Treatment Plant Bypass Holding Tank to the second lowest responsive, responsible bidder, per the
attached tabulation sheet - Consider staff recommendation for Board approval to award Invitation to Bid
(ITB) #08-051, St. Lucie County Fairgrounds Wastewater Treatment Plant Bypass Holding Tank to the
second lowest responsive, responsible bidder¡ per the attached tabulation sheet, and authorization for the
Chairman to sign the contract as prepared by the County Attorney.
GRANTS
Permission to accept grant project agreement, and approval of Budget Resolution 08-243, from the
Florida Department of Environmental Protection - Florida Recreation Development Assistance Program
(FRDAP) for improvements at Martin Luther King Jr. - Dreamland Park, in the amount of $135,610.84.
Park improvements include a soccer field, baseball field, interactive water feature, basketball court,
playground, and pavilion area renovations - Consider staff recommendation for Board acceptance of the
grant project agreement, approval of the project agreement (including BOCC Chairman signature), and
Budget Resolution 08-243, with the Florida Department of Environmental Protection - Florida Recreation
Development Assistance Program, in the amount of $135,610.84.
F.
PU~WORKS
~'d¡} GT Greens, LLC - Final Release of Surety in the amount of $106,219.00 approval of the
. .1/ Maintenance Agreement and acceptance of the maintenance bond in the amount of $32,453.00 -
Consider staff recommendation to approve the final release of surety for GT Greens, LLC,
approval of the maintenance agreement, acceptance of maintenance bond, and authorize the
Chairman to sign.
2. Kings Highway at Indrio Road Intersection Improvements Design - Consider staff
recommendation to approve Work Authorization No. 2 (C07-07-385) with Kimley-Horn and
Associates, Inc., in the amount of $678,840.00, to provide additional services for the design and
permitting of the Kings Highway at Indrio Road Intersection Improvements project, and signature
by the Chairman.
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F. PUBLIC WORKS (contd.)
3. Approve the revision of EQ08-304 (60" Ditching bucket) to increase the dollar amount from
$5,600.00 to $7,250.00 - Consider staff recommendation to approve the revision of EQ08-304
(60" Ditching bucket) to increase the dollar amount from $5,600.00 to $7,250.00.
4. Approval to transfer funds - Consider staff recommendation to approve the transfer of funds
from our Maintenance Capital Equipment account (101002-4110-564000-400) to the Capital
Building Improvements account (101002-4110-562000-1629).
5. Entrada Avenue and Rio Mar Drive Landscaping Project close out - Consider staff
recommendation to accept the project and the maintenance agreement, release the retainage,
and provide final payment in the amount of $54,504.21 to Sunshine Land Design, Inc. for
Entrada Avenue and Rio Mar Drive Landscaping project, and signature by the Chairman.
6. Cortez Multi-Family Townhomes - Consider staff recommendation to accept modification to the
Cortez Multi-Family Townhomes.
7. Angle Road Sidewalk (Avenue Q to 53rd Street) - Local Agency Program Agreement with the
Florida Department of Transportation (FDOT) - Consider staff recommendation that the Board
approve the attached Local Agency Program Agreement with FDOT for $840,000.00 for the Angle
Road Sidewalk (Avenue Q to 53rd Street), approval of Resolution 08-247 and Budget resolution
08-250 (attached), and signature by the Chairman.
8. Solid Waste Initial Assessment Resolution No. 08-251, and request permission to advertise a
Public Hearing - Consider staff recommendation that the Board adopt Resolution No. 08-251
(Attachment "1"), a Solid Waste Initial Assessment Resolution and grant permission to advertise
a Public Hearing to be held on September 9, 2008 at 9:00 a.m. or soon thereafter as the matter
may be heard.
9. Approve Equipment Request No. EQ08-335 and EQ08-336 to make a sole source purchase of two
Traffic Signal Camera Video Detention packages from Econolite Control products, Inc. for the
total amount of $12,350.00 - Consider staff recommendation to approve Equipment Request No.
EQ08-335 and EQ08-336 to make a sole source purchase of two Traffic Signal Camera Video
Detection packages from Econolite Control products, Inc. for the total amount of $12,350.00.
10. Amendment No. 3 to Work Authorization No. 17 with Hazen & Sawyer Engineers for Grant
Assistance related to Indian River Estates Stormwater project - Consider staff recommendation
for Board approval of Amendment No. 3 to Work Authorization No. 17 with Hazen & Sawyer
Engineers for grant technical assistance related to Indian River Estates, in the amount of
$24,428.31, extension of contract time to December 31, 2008, and authorization of signature by
the Chairman.
Indian River Estates Stormwater Improvements - Phase I Pump Station Change Order No. 1 -
Consider staff recommendation for the Board to approve Change Order No. 1 with Close
Construction, Inc., in the amount of $301,409.54, for the Indian River Estates Stormwater
Improvements - Phase I Pump Station project, and signature by the Chair.
G. PARKS AND RECREATION
1. Approve Equipment Request #08-334/Budget Amendment #08-033 - Consider staff
recommendation that the Board approve Equipment Request No. 08-334 and Budget Amendment
No. 08-033 for the purchase of four portable pitching mounds, at a total cost of $9,836.00, for
the Parks Division.
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G. PARKS AND RECREATION (contd.)
2.
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St. Lucie County School District Request to use (5) parks and (1) library site for pick up and drop
off locations - Consider staff recommendation that the Board approve the St. Lucie County
School District's request to use six County sites as pick up and drop off points for students
attending the new Palm Pointe Research Center in the Tradition Development. Staff also
requests that the Board authorize the County Attorney to draft an Interlocal Agreement to finalize
the arrangement and authorize the Chairman to sign.
H. COMMUNITY SERVICES
1. Approval to submit an application for FTA 5309 Federal Appropriation request for buses and bus
stop infrastructure - Consider staff recommendation to authorize submission of application for
the FTA 5309 Federal Appropriation request for buses and bus stop infrastructure.
2. Approval of Budget Resolution No. 08-252 to budget the funds from the State FY09 State
Housing Initiative Partnership (SHIP) allocation to Housing Assistance - Discretionary and
Housing Assistance - Mandatory - Consider staff recommendation for Board approval of Budget
Resolution No. 08-252 to budget the funds from the State FY09 SHIP allocation to Housing
Assistance - Discretionary and Housing Assistance - Mandatory.
3. Approve applying for a $750,000 funding request to the Florida Department of Community Affairs
for funds to assist with various eligible CDBG Housing Activities such as new construction,
rehabilitation and replacement, and permission to advertise Two Public Hearings - Consider staff
recommendation for the Board to authorize submittal of a $750,000 funding request to the
Florida Department of Community Affairs and permission to advertise the First Public Hearing on
August 19, 2008 at 6:00 p.m., or as soon thereafter, and the Second Public Hearing on
September 9, 2008, at 9:00 a.m., or as soon thereafter, and authorize the Chair to sign
necessary application documents.
4. Approval of Budget Resolution No. 08-254 to budget the funds from the Florida Department of
Community Affairs Disaster Recovery Initiative - Consider staff recommendation that the Board
approve Budget Resolution No. 08-254 to budget the funds from the Florida Department of
Community Affairs Disaster Recovery Initiative.
5. Approval of Budget Resolution No. 08-249 to budget the funds from the My Safe Florida Home
grant - Consider staff recommendation for Board approval of Budget Resolution No. 08-249 to
budget the funds from the My Safe Florida Home grant.
6. Approval of Budget Resolution No. 08-253 to budget the funds from the FY 07 HOME Consortium
/ --ërHocation - Consider staff recommendation for Board approval of Budget Resolution No. 08-253
I ' toÎbudget the funds from the FY 07 HOME Consortium allocation.
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7. /Ápproval of the Seventh Amendment to January 15, 1998 Agreement with Habitat for Humanity
J'to include New Construction Strategy, payment schedule for new construction and donation of lot
_. _ Consider staff recommendation for Board approval of the Seventh Amendment to January 15,
1998 Agreement with Habitat for Humanity and authorize the Chair to sign the necessary
documents.
1. ENVIRONMENTAL RESOURCES
Reallocation of Environmentally Significant Lands funding - consider staff recommendation of reallocating
the identified funds into the accounts identified in Attachment A.
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MINISTRATION
Design of Phase III - South County Regional Football/Soccer Stadium - Consider staff
recommendation that the Board declare an emergency for the stated reasons in the attached
memorandum and that the County enter into an Agreement with Schenkel Shultz in the amount
of $169,366.25 for architectural and engineering services for the additions and improvements to
the South County Regional Football/Soccer Stadium.
Request approval to enter into a Memorandum of Understanding between St. Lucie County, the
Department of Tourism - Island of the Bahamas and Comet Creative Inc. (Blair Advertising) to
develop mutually beneficial economic marketing programs - Consider staff recommendation to
approve to sign the Memorandum of Understanding and to commence joint planning sessions to
develop the events.
Revised Targeted Industry List - Consider staff recommendation to approve the revised Targeted
Industry List.
Code Enforcement Board - Consider staff recommendation to ratify Commissioner Craft's
appointment of William Oquendo to the Code Enforcement Board.
Funding Request - Staffing for Foreclosure Cases - Consider staff recommendation for Board to
approve a funding request of a $100,000 loan to the Clerk of Courts Budget to fund temporary
employees to process foreclosure cases.
K. CENTRAL SERVICES
1. Retroactive approval of printing of check to Dooley Mack to fulfill grant requirements - Consider
staff recommendation that the Board retroactively approve the printing of a check to Dooley
Mack in the amount of $122,164.35, remaining DCA grant funds, the sending of a copy of this
check to DCA, and the holding of the check until the project is complete.
2. Approve award of Bid #08-052 to the lowest bidder, Sherwin Williams - Purchase of exterior
latex paint and sealer for Central Services/Jail Maintenance - Consider staff recommendation that
the Board approve award of Bid #08-052 to the lowest bidder, Sherwin Williams - Purchase of
exterior latex paint and sealer for Central Services/Jail Maintenance. A purchase order will be
issued for items on an "as needed basis".
L. UTILITIES
Staff requests approval of the First Amendment to the agreement between Severn Trent Environmental
Services, Inc. and St. Lucie County - Consider staff recommendation to approve the agreement between
Severn Trent Environmental Services, Inc. and St. Lucie County.
M. GROWTH MANAGEMENT
Request permission to advertise for two Public Hearings considering Draft Ordinance No. 08-025
amending Land Development Code Section 7.04.00 Area, Yard, Height, and Open Space Requirements
Table 7-10 Lot Size Dimensional Requirements to permit the construction of a handicap ramp to encroach
up to 50% of any required front, rear and side yard setback - Consider staff recommendation that the
Board authorize staff to advertise the following Public Hearings to be held on August 19, 2008, at 6:00
p.m., and September 2, 2008, at 6:00 p.m., or as soon thereafter as possible.
END OF CONSENT AGENDA
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VII. PUBLIC HEARINGS
A. GROWTH MANAGEMENT
Continue the Public Hearing to consider the petition of New Horizons of the Treasure Coast for a Major
Adjustment to an Approved Conditional use Permit to:
· Expand Mental Health Facilities (Medical and other health services) and Social Services in the I
(Institutional) Zoning District;
· Allow for the proposed children's residential care program called "Children's Crisis Facility"; and
· Consolidate previous New Horizons Conditional Use Permit approvals (File No.: CUMJ 120081380)
_ Consider staff recommendation to continue the petition of New Horizons of the Treasure Coast for a
Major Adjustment to an Approved Conditional Use Permit to Expand Mental Health Facilities (Mental &
other health services) and Social Services in the I (Institutional) Zoning District until September 2, 2008,
at 6:00 p.m.
END OF PUBLIC HEARINGS
SOLID WASTE
Staff request Board approval of Resolution No. 08-242 - 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 - Consider staff recommendation to approve Resolution No. 08-242 - 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.
COUNTY ATTORNEY
Resolution No. 08-257 - Authorizing Term Loan to Provide Permanent Financing for Lake Drive MSBU Special
Assessment Project - Consider staff recommendation that the Board adopt Resolution No. 08-257 and authorize
the Chairman to sign the Resolution.
ANNOUNCEMENTS
1. The August 26, 2008 Regular Board of County Commissioners Meeting and the August 26, 2008 Informal
Meeting have been canceled.
2. County offices will be closed on Monday, September 1, 2008 to observe Labor Day.
3. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday,
September 4, 2008 at 6:00 p.m.
4. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September
18, 2008 at 6:00 p.m.
5. The September 18, 2008 Planning & Zoning Board meeting has been rescheduled to Thursday,
September 25, 2008, because of the budget hearing by the BOCC on the 18th.
6. 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.
7. 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.
8. The November 4, 2008 Regular Board of County Commissioners Meeting has been canceled due to the
General Election.
9. County offices will be closed on Tuesday, November 11, 2008 to observe Veteran's Day.
10. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November
18, 2008 at 9:00 a.m. in the County Commission Chamber.
11. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 25,
2008 at 1:30 p.m. in Conference Room #3.
12. County offices will be closed on Thursday, November 27, 2008 and Friday, November 28, 2008 to
observe Thanksgiving.
13. The December 23, 2008 Regular Board of County Commissioners Meeting has been canceled.
14. 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 wHl 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 TOO (772) 462-1428 at least forty-eight (48) hours prior
to the meeting.
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EROSION DISTRICT
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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
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I. MINUTES
Approve the Minutes from the July 8, 2008 meeting
Approve the Minutes from the July 15, 2008 meeting
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
A. WARRANTS
Approve Warrant List No. 41
B. PUBLIC WORKS
1. Artificial Reef Grant Program: Approval of Budget Resolution No. 08-004 to make funds available
in Accounts 184103-3710-563000-39003 and 184103-3710-563005-39003 - Consider staff
recommendation to approve Budget Resolution No. 08-004.
2. Artificial Reef Grant Program: Approval to "piggyback" a Collier County RFP for general marine
contracting for coastal services (vendor-McCulley Marine Services) and enter into Work
Authorization No. 01 with McCulley Marine Services, in the amount of $57,000.00, subject to final
approval by the County Attorney's office as to form and correctness, to deploy 3 barges of
concrete materials (1,500 tons) and one experimental rock-rubble reef (100 tons) to the County's
Offshore artificial reef site as identified in the FWC grant - Consider staff recommendation for
approval to piggyback off Collier County and enter into Work Authorization No.1 with McCulley
Marine Services, subject to final approval by the County Attorney in the amount of $57,000 and
authorization of signature by the Chairman.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the
request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the
opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this
meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior
to the meeting.
EROSION DISTRICT
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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
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I. MINUTES
Approve the Minutes from the July 8, 2008 meeting
Approve the Minutes from the July 15, 2008 meeting
II. GENERAL PUBLIC COMMENT
III. CONSENT AGENDA
A. WARRANTS
Approve Warrant List No. 41
B. PUBLIC WORKS
1. Artificial Reef Grant Program: Approval of Budget Resolution No. 08-004 to make funds available
in Accounts 184103-3710-563000-39003 and 184103-3710-563005-39003 - Consider staff
recommendation to approve Budget Resolution No. 08-004.
2. Artificial Reef Grant Program: Approval to "piggyback" a Collier County RFP for general marine
contracting for coastal services (vendor-McCulley Marine Services) and enter into Work
Authorization No. 01 with McCulley Marine Services, in the amount of $57,000.00, subject to final
approval by the County Attorney's office as to form and correctness, to deploy 3 barges of
concrete materials (1,500 tons) and one experimental rock-rubble reef (100 tons) to the County's
Offshore artificial reef site as identified in the FWC grant - Consider staff recommendation for
approval to piggyback off Collier County and enter into Work Authorization No. 1 with McCulley
Marine Services, subject to final approval by the County Attorney in the amount of $57,000 and
authorization of signature by the Chairman.
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.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: July 1S, 2008
Convened: 6:00 p.m.
Adjourned: 7:SS p.m.
Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Doug Coward,
Charles Grande, Chris Craft
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst.
County Attorney, Mark Satterlee, Growth Management Director, Don West, Public
Works Director, Marie Gouin, Management and Budget Director, Kristen Tetsworth,
Planning Manager, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy
Clerk
I. INVOCATION
II. 'PLEDGE OF ALLEGIANCE
III. MINUTES
Approve the minutes from the July 1, 2008 meeting.
Approve the minutes from the July 8,2008 meeting.
It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the
meetings held July 1, 2008 and July 8, 2008, and; upon roll call, motion carried unanimously.
IV. PROCLAMATIONS/PRESENTATIONS
A. Resolution No. 08-221 - To be Presented to the Family of Corporal Ian T. Zook,
Proclaiming July 18, 2008, as "Corporal Ian T. Zook Day" in St. Lucie County,
Florida, as a Tribute to this Fallen Hero who made the Ultimate Sacrifice for
Freedom - Consider staff recommendation to adopt Resolution No. 08-221 as
drafted.
It was moved by Com. Craft, seconded by Com. Lewis, to approve
Resolution No. 08-221, and; upon roll call, motion carried unanimously.
B. Resolution No. 08-222 - To be Presented to the Family of Captain Adam P.
Snyder, Proclaiming July 19, 2008, as "Captain Adam P. Snyder Day" in St. Lucie
County, Florida, as a Tribute to this Fallen Hero who made the Ultimate Sacrifice
for Freedom - Consider staff recommendation to adopt Resolution No. 08-222 as
drafted.
It was moved by Com. Coward, seconded by Com. Lewis, to approve
Resolution No. 08-222, and; upon roll call, motion carried unanimously.
C. Resolution No. 08-223- To be Presented to the Family of Private First Class
Andre D. McNair, Jr., Proclaiming July 20, 2008, as "PFC Andre D. McNair, Jr.,
Day" in St. Lucie County, Florida, as a Tribute to this Fallen Hero who made the
Ultimate Sacrifice for Freedom - Consider staff recommendation to adopt
Resolution No. 08-223 as drafted.
It was moved by Com. Grande, seconded by Com. Coward, to
approve Resolution No. 08-223, and; upon roll call, motion carried
unanimously.
V. GENERAL PUBUC COMMENT
1
Mr. Bill Hammer, Reserve resident, addressed the Board and commended the
Management and Budget Staff for their preparation and collective information
obtained for this year1s budget. He also distributed a study commissioned by the
American for Secure Retirement where it states that "retirees could go broke/' in the
upcoming years of their retirement.
He also advised the Board that the applications for food stamp assistance have
increased 27%.
Captain Michael Howard, Navy Seal Museum, addressed the Board and thanked them
for their support. He advised the Board and the general public of their upcoming
Muster scheduled for November 14 and 1S, 2008 at the National Navy UDT Seal
Museum.
Mr. John Arena, area resident, addressed the Board on the ocean's pollution.
VI. CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Grande to approve the Consent Agenda, and;
upon roll call, motion carried unanimously.
A. WARRANTS
Approve warrant list No. 41
B. COUNTY ATTORNEY
1. Value Adjustment Board - Permission for Joint Notice with St. Lucie
County School Board and Adoption of Financial Disclosure (Form 1)
Requirement for Citizen Appointees - Subject to the concurrence of the
St. Lucie County School Board, staff recommends that the Board of
County Commissioners take the following action:
(1) Authorize the publication of a joint notice with the School Board
for applications from citizens interested in serving on the Value
Adjustment Board; and,
(2) Require the Board's citizen appointee to the Value Adjustment
Board to file financial disclosure (Form 1) with the Supervisor of
Elections within thirty (30) days of appointment.
The Board approved the Joint Notice with St. Lucie County
School Board and the adoption of Financial Disclosure Form
Requirement for Citizen Appointees.
2. ADDITION - Contract with New Horizons for staff services and support to
defendants with mental health and/or co-occurring issues who would
otherwise be incarcerated in the St. Lucie County Jail through St. Lucie
County's Mental Health Court - Consider staff recommendation to approve
the contract for New Horizons of the Treasure Coast. The goal will be to
assist participants to be fully integrated as successful citizens in our
community, and implement and increase the effectiveness of mental health
and substance abuse services and treatment.
The Board approved the contract with New Horizons for staff services and
support to defendants with mental health and/or co-occurring issues who
would otherwise be incarcerated in the St. Lucie County Jail through St.
Lucie County's Mental Health Court.
C. MANAGEMENT AND BUDGET
1. Purchasing Division - Board approval of fixed asset inventory-property
record removal - consider staff recommendation to authorize staff to
remove the records from the fixed asset inventory of the Board of
County Commissioners. The Board authorized staff remove the records
from the fixed inventory of the BOCC.
2
.:llUUY :Së:1Y:S Ic;lUc;c;:s \,;UUIU gu UIUl\.c;
rage 1 01 1
post-gazette ~~01N BUSINESS / PERSONAL BUSINESS
~1!I~ ~"'tlr'Jll t':~H';<;~1tr
Study says retirees could go broke
Sunday, July 13, 2008
By Nancy Trejos, The Washington Post
WASHINGTON - Nearly three out of five middle-class retirees will probably run out of money if they maintain their pre-retirement lifestyles, a new study
from Ernst & Young has concluded.
The study. set to be released tomorrow, finds that Americans will have to drastically reduce their standard of living before retirement to live comfortably, or
even avoid destitution, later in life. Middle-income Americans entering retirement now will have to reduce their standard ofliving by an average of24
percent to minimize their chances of outliving their financial assets. the study found. Workers seven years from retirement will have to cut their spending by
even more - 37 percent
"People are going to have to adapt in a number of ways that they weren't anticipating or hoping for," said Tom Neubif., national director of the Quantitative
Economics and Statistics practice at Ernst & Young. "I think a lot of people are hoping to maintain roughly the same! tandard ofliving after retirement. Our
study suggests they are going to have to make some changes."
About 77 million baby boomers are expected to retire over the next few years. The study warns of an impending natiolal crisis if workers, and lawmakers.
do not react now to the changing pension structures in corporate America. Most companies have moved away from defined-benefit plans, in which they
provided their retirees with a set benefit each month, to defined-contribution plans such as 401 (k)s, in which the empl,)yee takes most of the responsibility
for saving money. But with the U.S. savings rate abysmally low and people underestimating their life spans, economi~ts warn that aspiring retirees will have
to work longer if they do not spend less, no small feat at a time when inflation and the cost of living are rising. FluctuHing investment returns on 401 (k)-
style plans in this wobbly stock market are not helping matters.
"Most people, if they look at their life expectancy and they think they will live to 90, they are nuts to retire at 60. The) 're going to be living in poverty at
80," said Peter Morici, an economist at the University of Maryland. "I think it's a wake-up call to baby boomers to get serious about getting tbeir houses in
order. "
The study was commissioned by !\mllricans for Secure Retirement, a coalition of more than 50 organizations represen~ing women's, small business.
agricultural, Hispanic and AfriClUl-Am~rican groups, among others. lt looked at married and single near- and recent re :irees at three pre-retirement income
levels: $50,000, $75,000 and $100,000.
Retirees would be much better prepared if they had a guaranteed source of retirement income beyond Social ~ecurity, t~ study concluded. Married couples
relying on income aside from Social Security and making $75,000 at retirement have a 31 percent chance of running 0 ut of money if they maintain their
pre-retirement lifestyles, the study pointed out.
But those who rely solely on Socia! Security have a 90 percent chance.
FYI from
http://www.post-gazette.comlpg/08195/896757-68.stm
7/14/2008
07/11/08
FZABWARR
FUND
001
001164
001167
001180
001181
001183
001188
001190
001195
001412
001421
001424
001428
001429
101
101001
101002
101003
101004
101006
102
102001
105
107
107001
107002
107003
107006
107204
107205
115
118
129
130
140
140001
140133
140335
150
160
183
183001
183003
183004
184205
184209
184212
185006
ST. LUCIE COUNTY - BOARD
WARRANT LIST #41- 04-JUL-2008TO 11-JUL-2008
FUND SUMMARY
TITLE
General Fund
USDOJ Violence Against Women Grant
FTA Section 5303 Grant FY 05
US Dept Housing HUD Shelter Plus Gr
FTA Section 5307 Operating & Capita
Section 112/MPO/FHWA/Planning 2007
Section 112/MPO/Fhwa/Planning 2007
FTA Sec 5307 - Buses 05/06
Community Services Block Grant
CTD Medicaid Non-Emrg Grant FY 07
FI Commission for Transportation Di
Dept of Financial Services My Safe
FDCA Emrg. Mgmt Preparedness & Assi
Residential Construction Mitig. Pro
Transportation Trust Fund
Transportation Trust Interlocals
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
Unincorporated Services Fund
Drainage Maintenance MSTU
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund-Court Related Technology
FL Dept Juvenile Justice-DMC Civil
Juvenile Justice & Delinquency Prev
Sheraton Plaza Fund
Paradise Park Fund
Parks MSTU Fund
SLC Public Transit MSTU
Port & Airport Fund
Port Fund
Construct Runway 9L/27R/Fence
Parallel Runway Design-9L/27R
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.-County Teen Court
Ct Admin.- Teen Court
FDEP Fort Pierce Shore Protection P
FDEP - Fort Pierce Shore Protection
Fort Pierce IMP Implementation
FHFA SHIP FY05/06
EXPENSES
9691120.59
6.00
140.97
74.84
4.51
3,324.52
228.72
4.51
19,453.02
1,650.75
28,620.90
3,310.91
2,461.06
281.29
19,292.06
259.37
67,300.56
27,993.91
18/692.72
2,866.82
168,915.98
62/605.35
620.81
182/495.45
702.65
19,347.35
24,678.90
7,888.57
787.73
1/413.20
617.24
853.08
22/266.52
609.20
19,908.07
193.41
1,230.54
64.77
428.29
3/064.72
2/393.36
660.00
151.30
1,889.44
4/653.78
29/844.34
77/716.72
243.51-
PAGE
1
PAYROLL
737/036.15
73.23
0.00
266.24
54.93
6/364.16
2,890.03
54.93
1,473.20
0.00
0.00
2,485.60
0.00
0.00
54/423.13
990.08
44,687.65
30,858.38
18,827.96
0.00
87,667.51
4,741.94
0.00
164,916.00
1,113.60
1,113.60
0.00
8,640.80
1/507.10
2/076.00
0.00
0.00
0.00
2,176.18
15,267.26
0.00
0.00
0.00
1,523.20
3/267.26
1/840.94
0.00
0.00
4,919.25
0.00
0.00
0.00
0.00
07/11/08
FZABWARR
FUND
185007
185009
189201
216
316
39007
401
418
451
458
461
471
478
479
491
505
505001
611
630
665
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #41- 04-JUL-2008 TO 11-JUL-2008
FUND SUMMARY
TITLE
EXPENSES
FHFA SHIP FY06/07
FHFA SHIP 2007/2008
FHFC Hurricane Housing Recovery PIa
County Capital I&S
County Capital
Indian River Estates MSBU
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Tax Deed Overbid Agency Fund
SLC Art in Public Places Trust Fund
Bank Fund
30.12
836.36
5,019.25
1,202.00
288,450.84
9,672.70
420,244.33
23,995.70
2,159.50
161.21
20,700.41
60,976.83
430.76
110,010.32
13,967.23
323/623.85
1/664.08
3,038.37
21/155.99
610.68
325,756.41
GRAND TOTAL:
3,434,552.23
PAGE
2
PAYROLL
0.00
2,231.20
4/516.80
0.00
0.00
0.00
72,455.64
23,835.43
1,905.02
550.78
24,871.98
10,902.44
1,527.26
884.41
46,205.52
2,547.26
13,691.07
1/146.57
0.00
0.00
0.00
1/408/527.69
2. Purchasing Division - Board approval of first amendment to the following
contracts: Fuller-Armfield-Wagner Appraisals and Researchl Inc. (C06-
08-512), Callaway and Price, Inc. (C06-08-554), Deighan Consultants
(C06-08-553), and East Coast Appraisers & Consultants (C06-08-511) -
Consider staff recommendation to approve the first amendment to the
following contracts: Fuller-Armfield-Wagner Appraisals and Research,
Inc. (C06-08-512), Callaway and Price, Inc. (C06-08-554)1 Deighan
Consultants (C06-08-553), and East Coast Appraisers & Consultants
(C06-08-511) extending the contract through August 21, 2009; and
authorizing the Chairman to sign the amendments as prepared by the
County Attorney's office. The Board approved the first amendment to
the above noted contracts and authorized the Chairman to sign the
amendments as prepared by the County Attorney's office.
3. Purchasing Division - Board approval of Work Authorization No.5 for
Contract C05-05-282 with GLE Associates, Inc. - Consider staff
recommendation to approve Work Authorization No. 5 to Contract C05-
05-282 with GLE Associates, Inc. in a total amount not to exceed
$372,720.00, and authorize the Chairman to sign the work authorization
as prepared by the County Attorney. The Board approved Work
Authorization No. 5 for Contract C05-05-282 with GLE Associates, Inc.,
and authorized the Chairman to sign the work authorization as prepared
by the County Attorney.
4. Purchasing Division - Board approval of Work Authorization No.6 for
Contract C05-05-282 with GLE Associatesl Inc. - Consider staff
recommendation to approve Work Authorization No. 6 to Contract C05-
05-282 with GLE Associates, Inc. in a total amount not to exceed
$142,819.00, and authorize the Chairman to sign the work authorization
as prepared by the County Attorney. The Board approved Work
Authorization No.6 for Contract C05-05-282 with GLE Associates and
authorized the Chairman to sign the work authorization as prepared by
the County Attorney.
5. Board approval of second extension to contract C04-12-563 with
Dredging & Marine Consultants, Inc. and contract C04-07-658 with
Taylor Engineering, Inc. - Consider staff recommendation to approve the
second extension to contract C04-12-563 with Dredging & Marine
Consultants, Inc. and contract C04-07-658 with Taylor Engineering, Inc.
extending the contract through March 31, 2009, and authorize the
Chairman to sign the extensions as prepared by the County Attorney's
office. The Board approved the second extension to contract C04-12-
563 with Dredging & Marine Consultants, Inc., and contract C04-07-658
with Taylor Engineering and authorized the chairman to sign the
extension as prepared by the County Attorney's office.
6. Budget Resolution No. 08-218, which will correct Budget Resolution No.
08-208's fund assignment of $5,147,540 to fund #140136, by
reassigning the grant award to fund #140135 - Consider staff
recommendation to approve Budget Resolution No. 08-218, which will
correct Budget Resolution No. 08-208. The Board approved Budget
Resolution No. 08-208 fund assignment of $5,147,540 to fund # 140136
by reassigning the grant award to fund # 140136.
D. PUBLIC WORKS
Engineering Division - Seminole Canal Culvert Replacement at Winter Garden
Parkway - Consider staff recommendation to accept the project, release
retainage, and make final payment. The Board approved accepting the project,
releasing retainage and making final payment.
E. CENTRAL SERVICES
Dooleymack Constructors of South FL, LLCjChange Order No.8 to #C07-04-195
Project: Havert L. Fenn Center-Special Needs Shelter/Auditorium - Consider
staff recommendation to approve Change Order No. 8 to #C07-04-195,
Dooleymack Constructors, Havert L. Fenn Center, to increase the contract sum
by $22,533; the new contract sum will be $13,443,924.06. Staff further
recommends the Board authorize the Chair to sign the Change Order as prepared
by the County Attorney. The Board approved Change Order No.8 to # C07-04-
3
195 project Havert L Fenn Center / Dooleymack Constructors to increase the
contract sum by $22,533 and authorized the Chairman to sign the Change Order
as prepared by the County Attorney.
F. AIRPORT
1. Request approval of LPA Group Inc. Work Authorization No. 11 at a lump
sum not to exceed amount of $49/884 for the Initial Exotics and
Nuisance Plant Removal for the Runway 9L/27R Mitigation Area at the
St. Lucie County International Airport - Consider staff recommendation
to approve the LPA Group Inc. Work Authorization No. 11 at a lump sum
not to exceed amount of $49,884 for the Initial Exotics and Nuisance
Plant Removal for the Runway 9L/27R Mitigation Area at the St. Lucie
County International Airport, and authorize the Chair or designee to
execute the same. The Board approved the LPA Group Inc. Work
Authorization No. 11 at a lump sum not to exceed the amount of
$49,884.
2. Request that the Board approve Change Order No. 4 for Dickerson
Florida, Inc., increasing the contract amount by $89,730.00 from
$5,094,070.45 to $5,183,800.45, for the first phase of construction for
the Runway 9L/27R at the St. Lucie County International Airport _
Consider staff recommendation to approve Change Order No. 4 for
Dickerson Florida, Inc., increasing the contract amount by $89,730.00
from $5,094,070.45 to $5,183,800.45, for the first phase of construction
for the Runway 9L/27R at the St. Lucie County International Airportl and
authorize the Chair to designee to execute the same. The Board
approved Change Order No. 4 for Dickerson Florida, Inc'l increasing the
contract amount by $89,730.00.
G. COMMUNITY SERVICES
Approval to apply for the 2007/08 U. S. C. 5307 Federal Transit Administration
grant program, in the amount of $1,369,178 and approval of Resolution No 08-
240 - Consider staff recommendation to approve grant application, approve
Resolution No. 08-240 and authorization for the Chairman to sign all documents
necessary. The Board approved applying for the 2007/2008 U.S.C. 5307 Federal
Transit Administration grant program in the amount of $1,369,178 and approved
Resolution No. 08-240.
H. GRANTS
Cultural Affairs Division - Authorize the National Navy UDT-SEAL Museum to sell
beer at the Annual Muster XXIII event on November 14th and 15th, 2008 _
Consider staff recommendation to authorize to sell beer at the November 14th
and 15th, 2008 National Navy UDT SEAL Annual Muster XXIII event. The Board
authorized the national Navy UDT Seal Museum to sell beer at the Annual Muster
XXII events on November 14 and 15th, 2008.
I. GROWTH MANAGEMENT
Request of Margaret J. Borland, for final plat approval for the project to be
known as Borland Tract II. This project is a two-lot subdivision located on the
southwest corner of the intersection of Peterson Road and 33rd Street,
approximately 2,800 feet north of Okeechobee Road in the CG (Commercial
General) Zoning District - Consider staff recommendation to approve the final
plat of Borland Tract II and authorize it final execution. - The Board approved
the final plat of Borland Tract II and authorized its final execution.
J. SOUD WASTE
Harbour Cove Non-Advalorem Assessment for Solid Waste Collection - Consider
staff recommendation to approve the attached letter to the residents of Harbour
Cove regarding the non-advalorem assessment for solid waste collection. - The
Board approved the letter to the residents of Harbour Cove regarding the non-ad
valorem assessment for solid waste collection.
4
K.
AOMINISTRAnO--N
1.
ReapPointment of D Richard
Treasure Coast He Ith Classen, Ph.D. to a two
apPointment of D. ~icha;douCn,ci/ - Consider staff recom~:a:d taet~m on the
for a tw assen to the ~ Ion to re-
:pproVed ~K::'-~:,~:':n~~~ug ~.~8 to '".:~~~ ~~~~ea:, c:;~
erm on the Treasure Coast health Co~cn ~,rd Classen Ph.D to a two year
CI.
Historical Commission/Histor"
recommendation to . IC Preservation Committee _ .
Pennetti to the Histo~~~,fyCoCom~i~sioner Coward's apPoin;~:~~er staff
The Board ratified Commi .mmlsslon/Historic Preservation Com .~ Mr.
to the Historical commissioS~;~~%r7;~:rd's a~pointment of Mr. ~n~:tt~
END OF CONSENT AGEND...A eservatlon Committee.
VII.
2.
PUBUC HEARINGS
A.
GROWTH MANAGEMENT
Petition of Luis Garcia regarding "Fort p. "
lerce # 4 for the following:
· A one year extension to an approved C . .
block manufacturing plant on a vacant ond',~lona' Use Permit for a concrete
· A Ma' Ad· parce,
~or ~ustment to a Conditional Up'
of operation to 24 hours r se ermlt to extend the limited hours
5:00 am to 10:00 pm; anle day from the currently approved time limit of
· A Minor Site Plan approval for Fort p'
co~c~ete block manufacturing facility '~~~~i~~g t~fa~~w1~h~0~p~ration ~f a
?U~'hdlnfHo(nI Ldot 1~ of "Midway Industrial Park, Phase III SUbdiViSiO~~a;~ca~~d
In e n ustnall Heavy) Zoning District. '
gon~ider staff. recommendation to approve the request through the adoption of
ra ~esolutlon No. 08-149, which, if approvedl would grant a one ear
extension ~o an approved Conditional Use Permit for a concrete brOck
man~facturlng plant on a vacant parcel; a Major Adjustment to a Conditional Use
Permit to extend the limited hours of operation to 24 hours per day from the
currently approved time limit of 5:00 am to 10:00 pm; and a Minor Site Plan
approval for Fort Pierce #41 to allow the operation of a concrete block
manufacturing facility consisting of an 18,000 square foot building on Lot 13 of
"Midway Industrial Park, Phase III Subdivision", located in the IH (Industrial,
Heavy) Zoning District.
Ms. Pam Hammer, P & Z Board member addressed the Board and stated the
residents on Midway Road had testified before the P&Z Board of their
concerns regarding the noise that carries during the night if there was to be a
24 hour operation. They objected to changing the hours of operations to 24
hours as requested by the applicant.
Mr. Ramon Costello, representing the applicant addressed the Board and
advised them the companies in the industrial area of Midway Road, i.e. Rinker
presently has two twenty four hour operations. He also advised the Board his
operation would be strictly in an enclosed building where little noise would be
heard from the outside.
Mr. Bill Hammer, Reserve resident, addressed the Board recommending
approval with restrictions to the ambient noise that would carry to the
residential areas.
Com. Coward stated he did not have a problem with the 24 hour operation due
to the zoning and other operations in the area but questioned the truck traffic.
Mr. Costello advised the Board the truck traffic would take place during the
daytime hours only and he did not have a problem with the setting of specific
hours for the truck traffic.
5
It was moved by Com. Lewis, seconded by Com. Grande, to approve staff
recommendation for a 24 hour internal operation and to add the set truck
traffic hours from 7:00 a.m. to S:OO p.m. and; upon roll call, motion carried
unanimouSly.
B. GROWTH MANAGEMENT
Petition of Pastor Cooley regarding Liberty Baptist Church, Inc. for the following:
· A Major Adjustment to a Minor Site Plan approval for an 8,920 square foot
education building addition consisting of thirteen (13) classrooms on an
existing 21,087 square foot religious and educational facility.
· A Major Adjustment to a Conditional Use Permit to allow the expansion of
educational services as an accessory use to a Religious Facility in the
Institutional Zoning District...
A waiver from the fencing requirements of Section 7.09.04(E) of the St. Lucie
County Land Development Code that requires a six (6) foot high masonry wall or
opaque wood fence between institutional or religious facility uses and residential
uses.
· Staff recommends the Board of County Commissioners adopt Draft
Resolution No. 08-144 granting a Major Adjustment to a Minor Site Plan and
a Major Adjustment to a Conditional Use Permit approval for the project to
be known as Liberty Baptist Church, Inc. Major Site Plan; and
· Staff recommends the Board of County Commissioners grant the waiver from
the fencing requirements per Section 7.09.04.E of the St. Lucie County Land
Development Code; and
· Staff recommends the Board of County Commissioners adopt Draft
Resolution No. 08-144 subject to the seven (7) limiting conditions contained
in the resolution.
Staff recommended adding the following conditions:
Condition # 8- Pursuant to Section 7.06.02(B)(3) of the Land Development Code the
total number of parking spaces shall be allowed to be reduced by 5% for the purpose of
allowing the shared use of parking spaces at different times of the day as follows:
Educational Services; 8:00 a.m. until 3:00 p.m. Monday through Friday and the Church:
all other hours. In the event that this use is ever changed or expanded the property
owner shall return to the Board of County Commissioners for a Development Order
Amendment.
Condition # 9- Consistent with the Liberty Baptist Church Traffic Impact Report created
by Susan O'Rourke, P.E. and the Site Plan designed by Edlund, Dritenbas,Brinkley
Architects and Associates, P.A. dated April, 2007 the maximum number of students to be
provided education at this location will be 400 students. The school enrollment shall not
be allowed to exceed 400 students without an updated traffic report. Should the student
enrollment exceed 400 students the property owner shall return to the Board of County
Commissioners for a Development Order Amendment.
Quasi- Judicial
Com. Smith acknowledged receiving a phone call regarding this issue.
Pastor Wallace Cooley addressed the Board on this item.
It was moved by Com. Grande, seconded by Com. Coward (for discussion) to all staff
recommendation;
Com. Coward questioned the traffic impact with those who pick up their children.
Pastor Cooley stated traffic studies were done showing a minimum impact with the
addition to this facility. Pick up takes place to the east and to the west of the site. They
work very hard not to have traffic back up to Midway. Many share rides with others and
carpool. Only one-half of the students are picked up and the others between 2:45 p.m.
and 3: 00 p.m. and those are only about 4 or 5 cars. Almost all traffic is gone by 3:05
p.m. None of the traffic backs up on Midway Road.
The County Engineer stated he regularly drives Midway and he has not aware of any
impacts from this facility nor has he ever seen traffic backed up on Midway.
The County Engineer stated concurrency is an issue. The impact of this proposed
developments are minor.
6
The Growth Management Director stated this project does meet concurrency.
And; upon roll call, motion carried unanimously.
C. PUBLIC WORKS
Code Compliance Division - 118 NE Jardain Road, Fort Pierce, FL - Staff
recommends that the Board determine the structure is unsafe and determine
that if the structure is not taken down and the property properly cleaned or
building permits obtained for its repair by August 15, 2008, the Board give the
Code Enforcement Department permission to proceed to use the lowest bidder to
demolish the structure and clean the property of all junk, trash and debris and
assess the entire cost of such demolition against the real property which shall
constitute a lien payable to St. Lucie County.
The Code Compliance Supervisor addressed the Board and gave the history of this issue.
Mr. Thomas Nickerson, father of the property owner, addressed the Board for his daughter
requesting the extension be approved.
It was moved by Com. Coward, seconded by Com. Craftl to approve staff recommendation and
require the building permits to be obtained by August 15, 2008 and; upon roll call, motion carried
unanimously.
END OF PUBLIC HEARINGS
REGULAR AGENDA
VIII. PUBLIC WORKS
Engineering Division - Lake Drive MSBU Final Assessment Roll - Potable Water
Improvements - FPUA - Consider staff recommendation to adopt Resolution No. 08-190
(Attachment "1"), approving the Final Assessment Roll for the Lake Drive Municipal
Services Benefit Unit.
It was moved by Com. Craft, seconded by Com. Grande, to approve Resolution No. 08-190, and;
upon roll call, motion carried unanimously.
IX. SOLID WASTE
PULLED PRIOR TO MEETING - Staff request Board approval of Resolution No. 08-242
- Consider staff recommendation to approve Resolution No. 08-242 - 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.
X. MANAGEMENT AND BUDGET
Approval of proposed millage rates to be submitted to the Property Appraiser and set
dates for public hearings - Staff recommends the Board of County Commissioners
approve the following:
1. Advise the Property Appraiser of the millage rates as outlined on "Worksheet Analysis
of Roll-Back Millage Rate for fiscal year 2008-2009" under the column headed "2008-
2009 proposed millage".
2. Set two public hearings on September 4th and 18th 2008 at 6:00 P.M. in the Roger
Poitras Administration Annex Commission Chambers.
3. Authorize the County Administrator to be able to modify the millage rates between
General Fund and Fine and Forfeiture Fund as long as the total countywide millage
stays the same. Also, Authorize the County Administrator to transmit the proposed
millage rates to the Property Appraiser on Form DR-420, DR-420 C-P, and DR-420
TIF.
4. Set the proposed aggregate millage as outlined on "Worksheet Analysis of Roll-Back
Millage Rate for fiscal year 2008-2009" under the column headed "2008-2009
proposed millage".
7
N N N - =:> V> >0 N - >0 r- - V> N =:> ,., 00 r- V> - - N N .". >0 N '" '"
,., ,., ,., - - r- OO V> r- N - V> >0 a- ,., .". 00 V> '" '" '" ,., ,., .". =:> ,., 0 0
~ 00 00 00 - r- .". q '" 0 0 t-: 0 0 00 0 t-: 0 V> V> V> V> 00 00 N ""- 00 00 00
=:> '" ,,;¡ '" '" i :;; Ó N 00 ..; Ó Ó Õ ...:- ...:- ...:- 0:- ..¡ OÓ OÓ ...:- ...:- ...:- '" '" ...:- - '" OÓ OÓ
=:> '" => N N '" 00 N 00 ,., >0 V> .". :; N ,., a- .". ~ a- ~ N N .". .". N >0 00
'" 0 ~ '" a- r- V> ": '" 0 >0 >0 a- 'S. 'S. r- t-: 00 ": V> a- ~ N ,., '" 'S. '<:;
:,¿ ob oJ .,.; .,.; ..¡ 0:- ,., .,.; ..¡ ..¡ oó ..¡ N ....; .,.; ::õ ...:- V> .,.; .,.; V> .,.; .,.; N '" .,.; ,., ,.,
e 0:: -< 00 00 00 - N - - - - >0 N ;:!: - V> V> V> 00 00 >0 - 00 '" '"
e '" ;;. V> '" '" ~ - N N N '" '" '" t-: ":
'" - - - OÓ OÓ OÓ - - - -
N N N N N N N N N
,., .., 00 .". ,., ,., >0 r- OO V> r- a- a- N 0 0 V> r- V> ,., ~ ~ 00 00 00 ,., .., 0 0
~ >0 ..., V> V> >0 00 a- >0 N N 00 - >0 '" '" V> 00 V> V> ,., ,., r- >0 >0
00 '" >0 00 r- r- >0 a- t-: ""- '" - 00 a- ,., 0 '" V> V> V> '" '" a- ~ 00
"0 ,,;¡ .... .,.; .,.; .n ....; ó '" OÓ ...:- ó OÓ Õ ..., ...:- ...:- 0:- .,.; N OÓ 00 Ó Ó Ó .,.; .,.; ..¡ - .,.;
~ => ¡:: '" a- N V> - - a- .., - r- N N .". V> N ,., a- .". .". .". .". N N 0 ,., '"
- - ""- a t-: a- '" a- '" -. r- '" '" '" 00 ": N N ~ - ..., N -
.., " oJ ., ..¡ ..¡ .,.; ,., 0:- .., V> ..; ..¡ ...:- ..¡ - N ....; - ó ó ...:- V> .,.; .,.; V> V> .,.; oó '" ..¡
-< ., 0 0 '" V> N - - - - - '" N ;:!: '" - - - - a- a- V> - 0
..;: ;;. ., 0 0 00 V> - - 00 00 0
oJ Ó Ó Ó Ó oó oó oó ó ó Ó
N N N N N N N
00 00 00 .". ,., ..., '" r- oo '" r- a- ~ N 0 0 V> r- V> ..., .., ,., 00 00 00 ..., 00
.., .., ..., V> V> '" 00 '" '" N N 00 - '" a- a- V> 00 V> '" V> V> ..., ..., r- '" ...,
a- 0 'S. 'S. ~ ~ 00 r- r- - '" a- t-: 00 a- 00 a- ,., 0 '" V> V> V> ~ '" a- ~ '"
=:> ,,;¡ ,,;¡ V> V> '" ..., ó '" oó ...:- ó oó Õ ...; ...:- ...:- 0:- .,.; N oó 00 ó ó ó V> .,.; ..¡ .n
=:> .... => N N N V> - '" .., - r- N N .". V> N ,., '" .". .". .". .". N N
The Management and Budget Director addressed the Board and commented on the worksheet
presented which reflects the FY 2008-2009 proposed and roll-back millage rates. The
recommended rates were established pursuant to the budget reviews held by the Board on July
7-101 2008, and as required to meet special district, debt service, and related millage
requirements.
Significant points are:
The opposed Maximum Total Countywide millage remains at 6.4612, or no increase from the
current year, as directed by the Board. Mosquito Control has been included with countywide
millages for purposes of this calculation.
The proposed millage rate for the General Fund will be decreasedl offset by an increase in
the millage rate for the Fine & Forfeiture Fund. As noted above, this change has no net
affect on countywide millage. The purpose for making this adjustment is to balance the Fine
& Forfeiture Fund.
The proposed millage in Street Lighting District # 2 (River Park 2) and # 13 (Queens Cove)
has been increased. The purpose for making this adjustment is because property values
have decreasedl and the County is required to pay the light bills based on the agreements.
The total proposed aggregate millage has increased by .0139 mills over 2007.
The decrease in roll back aggregate millage over current aggregate millage is 18.70%. This
is due essentially to the decrease in certified value of 15.53%.
The taxes to be collected next year are approximately $30 million dollars less than
this year.
It was moved by Com. Grande, seconded by Com. Lewis, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
Com. Craft commended and thanked the Recording Secretary for her participation in
what he felt was a difficult task this evening.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of the Circuit Court
8
08/01/08
FZABWARR
FUND
001
001183
001188
001193
001405
001424
001428
101
101001
101002
101003
101004
101006
102
102001
105
107
107006
107204
107205
111
112
115
118
120
122
126
139
140
160
170
183
183001
183004
189201
218
310002
316
317
382
401
418
451
461
471
479
491
505
ST. LUCIE COUNTY - BOARD
WARRANT LIST #44- 26-JUL-2008 TO 01-AUG-2008
FUND SUMMARY
TITLE
General Fund
Section 112/MPO/FHWA/Planning 2007
Section 112/MPO/Fhwa/Planning 2007
FDCA SLC Buildings Wind Retrofit pr
St Lucie Co Special Needs Shelt
Dept of Financial Services My Safe
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
Library Special Grants Fund
Fine & Forfeiture Fund
F&F Fund-Court Related Technology
FL Dept Juvenile Justice-DMC Civil
Juvenile Justice & Delinquency Prev
River Park I Fund
River Park II Fund
Sheraton Plaza Fund
Paradise Park Fund
The Grove Fund
Indian River Estates Fund
Southern Oak Estates Lighting
Palm Grove Fund
Airport Fund
Plan Maintenance RAD Fund
Court Facilities Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
FHFC Hurricane Housing Recovery Pla
Transportation-I&S
Impact Fees-Parks
County Capital
County Capital-St Revenue Share Bnd
Environmental Land Capital Fund
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Capital Facilities
Building Code Fund
Health Insurance Fund
EXPENSES
2,776,328.52
133.00
59.64
4,650.00
122,164.35
632.00
3,852.12
1,859.57
22,700.16
73,340.38
49.40
7,017.04
772,031.40
661.24
12,841.40
32.00
3,175,127.51
2,052.98
526.32
4,258.56
2,858.94
607.69
649.91
898.20
180.44
1,041.79
125.35
761.94
2,475.35
145.92
7,109.88
10,181.30
620.00
364.87
202,475.00
2,571,406.26
109,881.67
1,287,950.02
2,000.00
1,450.00
43,151.01
17,108.46
11,166.17
9,417.08
70,917.03
18,446.70
270.99
11,009.56
PAGE
1
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
C.OO
0.00
0.00
0.00
0.00
0.00
C.OO
0.00
0.00
2,768.30
07/18/08
FZABWARR
FUND
001
001164
001167
001174
001180
001181
001183
001188
001190
001194
001195
001404
001419
001422
001424
001428
101
101002
101003
101004
101006
101217
102
102001
102810
105
107
107001
107002
107003
107006
107152
107156
107204
129
130
140
150
160
183
183001
183004
183006
184211
184213
185009
189201
310002
ST. LUCIE COUNTY - BOARD
WARRANT LIST #42- 12-JUL-2008 TO 18-JUL-2008
FUND SUMMARY
TITLE
General Fund
USDOJ Violence Against Women Grant
FTA Section 5303 Grant FY 05
FHFC Disaster Relief Grant
US Dept Housing HUD Shelter Plus Gr
FTA Section 5307 Operating & Capita
Section 112/MPO/FHWA/Planning 2007
Section 112/MPO/Fhwa/Planning 2007
FTA Sec 5307 - Buses 05/06
U.S. Dept of Housing & Community
Community Services Block Grant
05 CDBG Sup Disaster Recovery
FDCA-Construct County EOC
Bill & Melinda Gates Foundation Pub
Dept of Financial Services My Safe
FDCA Emrg. Mgmt Preparedness & Assi
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/County Fuel Tx
Transportation Trust/Impact Fees
OTTED Tropicana/Signal Upgrade
Unincorporated Services Fund
Drainage Maintenance MSTU
White City Drainage Imp-Citrus & Sa
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund-Court Related Technology
USDOJ SCAAP State Criminal Alien As
US DOJ SCAAP 2007
FL Dept Juvenile Justice-DMC Civil
Parks MSTU Fund
SLC Public Transit MSTU
Port & Airport Fund
Impact Fee Collections
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FDEP South SLC Beach Restoration
FDEP S SLC Dune Restoration
FHFA SHIP 2007/2008
FHFC Hurricane Housing Recovery Pla
Impact Fees-Parks
EXPENSES
882,080.25
13,424.05
4,797.60
1,817.85
6,295.68
31.95
7,319.10
681.50
31.95
4,432.28
1,710.26
3,546.90
2,772.50
15,862.70
6,925.21
8,565.30
59,299.72
85,704.52
37,466.77
32,553.65
212,160.46
4,111.44
75,193.16
53,192.80
4,600.00
1,927.77
489,912.06
901.93
12,373.93
5,335.86
7,850.31
2,276.00
438.87
2,273.27
6,048.46
1,654.06
16,865.38
1,436.11
6,511.09
8,877.75
195.73
3,715.09
1,489.86
21,066.68
7,268.40
1,852.82
5,413.14
74,327.20
PAGE
1
PAYROLL
29,725.40
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
07/25/08
FZABWARR
FUND
001
001164
001180
001181
001188
001190
001193
001195
001404
001405
001419
001424
001428
101
101001
101002
101003
101004
101006
102
102001
107
107001
107002
107003
107005
107006
107204
107205
113
114
116
117
119
121
123
127
128
130
136
138
140
140132
140133
140335
140353
150
160
ST. LUCIE COUNTY - BOARD
WARRANT LIST #43- 19-JUL-2008 TO 25-JUL-2008
FUND SUMMARY
TITLE
General Fund
USDOJ Violence Against Women Grant
US Dept Housing HUD Shelter Plus Gr
FTA Section 5307 Operating & Capita
Section 112/MPO/Fhwa/Planning 2007
FTA Sec 5307 - Buses 05/06
FDCA SLC Buildings Wind Retrofit pr
Community Services Block Grant
05 CDBG Sup Disaster Recovery
St Lucie Co Special Needs Shelt
FDCA-Construct County EOC
Dept of Financial Services My Safe
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
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
F&F Fund-Legal Aid
F&F Fund-Court Related Technology
FL Dept Juvenile Justice-DMC Civil
Juvenile Justice & Delinquency Prev
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
Blakely Subdivision Fund
Queens Cove Lighting Dist#13 Fund
Pine Hollow Street Lighting MSTU
Kings Hwy Industrial Park Lighting
SLC Public Transit MSTU
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Airport Fund
Airport Layout Plan Update
Construct Runway 9L/27R/Fence
Parallel Runway Design-9L/27R
Taylor Creek New Spoil Site
Impact Fee Collections
Plan Maintenance RAD Fund
EXPENSES
217,862.31
26.85
20.10
13.43
540.12
13.42
1,671.72
868.79
3/345.00
122,164.35
17,382.22
1,172.98
4,717.66
3/258.51
68.64
46,183.09
20,016.24
16,749.77
55,359.44
31/850.33
86/724.44
367,103.84
1,236.77
86.78
3,718.24
8,378.15
15,970.51
111.02
382.65
239.27
521.68
583.44
145.25
907.46
99.36
369.38
378.92
507.60
161.40
1,493.46
261.06
6,829.12
509.67
717,374.50
37/756.55
1,450.00
115.00
1,958.82
PAGE
1
PAYROLL
744,810.31
366.20
266.24
183.10
7,225.08
183.10
0.00
1,473.16
0.00
0.00
0.00
912.80
0.00
41,896.12
897.26
43,493.61
31,207.48
90/859.87
0.00
84,697.14
4,760.96
148,697.44
1,113.60
1,113.60
0.00
0.00
8,640.80
1,507.10
2,076.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,176.18
0.00
0.00
14,780.39
0.00
0.00
0.00
0.00
1,523.20
4,194.79
07/25/08
FZABWARR
FUND
183
183001
183004
183006
185009
189201
310806
316
39007
401
418
451
458
461
471
478
479
491
505
505001
625
630
650
674
801
ST. LUCIE COUNTY - BOARD
WARRANT LIST #43- 19-JUL-2008 TO 25-JUL-2008
FUND SUMMARY
TITLE
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
Guardian Ad Litem Fund
FHFA SHIP 2007/2008
FHFC Hurricane Housing Recovery PIa
FIND-S. Causeway Island Park Imp
County Capital
Indian River Estates MSBU
Sanitary Landfill Fund
Golf Course Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Law Library
Tax Deed Overbid Agency Fund
Agency Fund
Driftwood Manor MSBU Fund
Bank Fund
GRAND TOTAL:
EXPENSES
3,256.91
118.89
466.71
16,384.97
663.87
327.39
12,779.87
1,089/186.33
8,137.99
34,605.27
16,280.39
125.31
46.50
32/173.92
4,780.51
102.91
66.39
3,091.41
416,737.11
8,579.86
7,107.84
145.19
1,970.15
365.36
338,211.73
3,794,372.09
PAGE
2
PAYROLL
3,009.49
0.00
4,285.04
0.00
2,231.20
4,516.80
0.00
0.00
0.00
64,939.24
85,607.25
1,697.58
632.81
19,730.28
10/537.18
1,393.09
892.71
34,571.13
3/889.66
0.00
0.00
0.00
0.00
0.00
0.00
1,476,988.99
07/25/08
FZABWARR
FUND
145
ST. LUCIE COUNTY - BOARD
WARRANT LIST #43- 19-JUL-2008 TO 25-JUL-2008
FUND SUMMARY- MOSQUITO
TITLE
Mosquito Fund
GRAND TOTAL:
EXPENSES
18,819.80
18,819.80
PAGE
1
PAYROLL
41,739.09
41/739.09
07/25/08
FZABWARR
FUND
184
ST. LUCIE COUNTY - BOARD
WARRANT LIST #43- 19-JUL-2008 TO 25-JUL-2008
FUND SUMMARY- EROSION
TITLE
Erosion Control Operating Fund
GRAND TOTAL:
EXPENSES
3,483.78
3,483.78
PAGE
1
PAYROLL
4,966.40
4,966.40
07/25/08
ST. LUCIE COUNTY - BOARD
FZABWARR
VOID LIST# 43- 19-JUL-2008 TO 25-JUL-2008
FUND: 001
- General Fund
CHECK INVOICE VENDOR
TOTAL
09782381 12812051 Seacoast National Bank
18.95
09787791 12824963 St Lucie West Services Distric
12824964
2.05
109.77
111.82
CHECK TOTAL:
FUND TOTAL:
130.77
PAGE
1
07/25/08
FZABWARR
ST. LUCIE COUNTY - BOARD
VOID LIST# 43- 19-JUL-2008 TO 25-JUL-2008
FUND: 140353- Taylor Creek New Spoil Site
CHECK INVOICE VENDOR
09786375 12821911 Deighan Consultants
TOTAL
1/450.00
1,450.00
FUND TOTAL:
PAGE
2
07/25/0'8
ST. LUCIE COUNTY - BOARD
PAGE
3
FZABWARR
VOID LIST# 43- 19-JUL-2008 TO 25-JUL-2008
FUND: 1 60
- Plan Maintenance RAD Fund
--_.._~._--._._-----_._._~------~_._---~-_._.__._---.----------------..------..-----
CHECK
INVOICE
VENDOR
TOTAL
09782572 12812738 Connor, Michael
88.74
FUND TOTAL:
88.74
07/25/08
FZABWARR
FUND: 674
CHECK
ST. LUCIE COUNTY - BOARD
VOID LIST# 43- 19-JUL-2008 TO 25-JUL-2008
- Driftwood Manor MSBU Fund
INVOICE
VENDOR
TOTAL
365.36
365.36
09781582 12810307 Connor, Michael
FUND TOTAL:
PAGE
4
"
~
AGENDA REOUEST
ITEM NO. VI-Bl
DATE: August 5, 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:
Dickerson Realty Florida, Inc. - Permanent Easement
5-foot sidewalk easement on Bandy Blvd.
Resolution No. 08-248
BACKGROUND:
See an attached Memorandum
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board accept the Permanent Easement, authorize
the Chairman to sign Resolution No. 08-248 accepting the Permanent Easement and direct staff to record
the documents in the Public Records o[St. Lucie County, Florida.
COMMISSION ACTION:
CONCU
CE:
[")Q APPROVED [ ] DENIED
[ ] OTHER
Approved 5-0
o 1 s M. Anderson
County Administrator
[x] County Attorney:
Dan Mclntyre
[x] Originating Dept: :J rvJ~
J o Ann Riley
r
'_P'1
/ ¡ /
;z./ ¿:
Review and Approvals
[x] Road and Bridge~
Don Pauley
[x] Engineering: iVtvp
Mike Powley /Ç.'H',L/
[x] Public Works:~
Don West [ I
[ ] Environmental:
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY I FLORIDA
TO:
Board of County Commissioners
FROM:
J 0 Ann Ri ley, Property Acquisition Manager
DATE:
August 5, 2008
SUBJECT:
Dickerson Realty Florida, Inc.
Permanent Easement
5-footsidewalk easement on Bandy Blvd.
Resolution No. 08-248
BACKGROUND:
According to Dickerson Realty Florida's site plan approval they were to donate a 5-foot Permanent
Easement for a sidewalk along Lot 8 in the Fort Pierce Business Park.
Attached for your review and acceptance is the Permanent Easement executed by Dickerson Realty
Florida, Inc.
RECOMMENDATION:
Staff recommends that the Board accept the Perpetual Easement, authorize the Chairman to sign
Resolution No. 08-248 accepting the Permanent Easement and direct staff to record the documents
in the Public Records of St. Lucie County, Florida.
Respectfully submitted,
J"
, C~~~
Jb Ann Ri ley v
Property Acq,uisition Manager
G:\ACQ\WP\Right of Way Donations\Dickerson Realty sidewalk easement\Agenda Memo.wpd
~
"f<~
0«
A
·v~
fvr.:,
.,f>
i ~"
~
This instrument prepared by:
Janet liCausi under direction of
Daniel S. McIntyre, County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
PROJECT:
FROM:
PARCEL LD.:
Ft. Pierce Business Park - 5ft. Sidewalk
Dickerson Realty FL, Inc.
2431-505-0008-000/6 (part of)
PERMANENT EASEMENT
THIS PERMANENT EASEMENT, made this \'11"\.-0' day of ~..J..V1 , 2007,
by DICKERSON REAL TV FLORIDA, INC., a Florida Corporation, whose addr~s is 3122 North 25th
Street, Fort Pierce, Florida 34946, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY,
a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort
Pierce, Florida 34982, hereinafter referred to as GRANTEE.
WITNESSETH
That the grantor for and in consideration of the sum of One ($1.00) Dollar and other valuable
considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto
the grantee, its successors and assigns, a Permanent Easement for the purpose of a sidewalk, on the
following described land in St. Lucie County, Florida:
SEE ATTACHED EXHIBIT "A"-"A-l"
TO HA VE AND TO HOLD the same unto said grantee, its successors and assigns forever, and
the grantor will defend the title to said lands against all persons claiming by, through or under said
grantor.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and
year first above written.
Signed, sealed, and delivered in our presence
as witnesses:
rl ,,' i /Î / r I
'\fèf'"trC\ tt. (' ('jJC,,----
W~TNESS .)
f'l '-.-,
ti
\b~(l(\i V
(Print Namey
DICKERSON REALTY FLORIDA ,INC. ,
a Florida Corporation
,j ~'J
Ui""~"" -I'
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By: C~. ~r~,. ~
Its: \\ ,7,
[ CORPORA TE SEAL]
J11t ~~~J jwJ
WITNESS
T~l
1L)v:
(Print Name)
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STATE OEaQ~ NC(1r\ C¡\¡~d¡¡ìC:
COUNTY OF l n 1 CC-'í
¡ (I,Ll, i ;
The foregoing i~st~ument was acknowledged before m.e this '-[', \ day of ..):) i ,¡
2007, by (i¡,·-.d\1 Y hrHn-r ,as '\ for" r'(r~ Jni {. ïTt- of CICKERSON
REALTY FLORIDA, INC., a Florida Corporati on, who is personally known to me or who has produced
a Drivers License issued within the last five years as identification,
{~ i'
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\\yr>(\~~,;,/~\ ~,
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"-+-Notary Public
(NOTARY PUBLIC)
STAMP
STACEY V. KOENKE
NOT Apv PUBLle
Union County. ;·~'Orth Carolina
_My Commission Expires 2/9/11
G:\ACQ\WP\Right of Way Donations\Dickerson Realty sidewalk easement\Permanent Easement,wpd
2
51t: PHi: N J. i3 K OW~~ I N C. XOl:5'r'"lf·ilb" IIUler',r "'::" 1
~1~~~~"~:~~;R'I~t7~¿~~~;~t': 7;?~~t7PLNJr~fR5 · cC~;:~U~~C776 I
5' SIDEWALK EASEMENT
A PARCEL OF LAND LYING IN LOT 8, PLAT OF FORT PIERCE BUSINESS
PARK, AS RECORDED IN PLAT BOOK 27, PAGES 6, 6A AND 6B, PUBLIC
RECORDS OF S1. LUCIE COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHERLY CORNER OF LOT 8, PLAT OF FORT
PIFR('¡:: D'L!"lì\:¡::C:C:: DApl;' t,C DC-('rJPn¡::-r\ It\! 01 A-I w(\(\V ')i DA/-'c-e h,
11__ \"""",,- L.- ~1 'L.-_<"-" jf-i\i\I'-, I,--J I\L"-,, l\l.-I~U IJ, l Lr'\ UJJ1'\ .-./, I ï\\.:JL""'-" 1......,
6A AND 66, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE
SOUTH 45'17'14" EAST, ALONG THE NORTHEASTERLY LINE OF SAID LOT
8, FOR A DISTANCE OF 448,08 FEET; THENCE SOUTH 00"02'51" WEST,
ALONG THE EAST LINE OF SAID LOT 8, FOR ,A, DIST At~CE OF 220.00
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY liNE OF BANDY
BOULEVARD ( A, 60 FOOT RIGHT-OF-WAY ); THD~CE NORTH 89'57'09"
WEST, ALONG SAID ì~ORTHERL Y RIGHT-OF-WAY L1f\jE, FOR p, DiSTANCE
OF 74.00 FEET TO THE POIN T OF BEGINNING OF A 5' SIOEWAL~(
E/\SEMENT Ep,SEMENT; THENCE CONTINUE NORTH 89'57'09" WEST,
ALONG SAID RIGHT-OF-WAY LINE, FOR ,A, DISTANCE OF 104.59 FEET;
THENCE I\JORTH 45"15'15" WEST, FOR A DISTANCE OF 7.11 FEET;
THENCE SOUTH 89'57'09" EAST, FOR þ., DISTANCE OF 109.64 FEET;
THENCE SOUTH 00'02'51" WEST, FOR A DISTANCE OF 5.00 FEET TO
THE POINT OF BEGINNING. '
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FILE: I
JOB #: 5035-0'! -OL
I ORA WN BY: S.J.B.
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EXHIBIT
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NOTES:
ALL BEARIN GS p,RE REFEREN CEO TO THE SOUTHWESTERLY L1t\jE
OF LOT 8, PLp,TTED P,S 545"17'1 4"E.
TH~S L!\I\JC D:::SCR!~Tlm< SHALL ~WT S::: VALID ur\jLESS iT
!S PROViJ::[ II'J ¡is :::t<TiRET'; .:::>:Jí·EIST!iF~ O~ :::. ::::...;::::::..
\^/iTH SHEET =- BEIÌ"J,,~~ IH~ S~<t=TCr-": ~ Tn~ L)~S'=R::;T! .
I SífPHr:N J. BKOWN; INC.
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SíUÞJ2í, fL-Of¿It7/\ 54994
L-ANtJPLANNfR5 · CON5UL íANí5
(T72) 258-7176
/
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NORTHWEST //( \ "
PROPERTY LINE /" " NORTHEASTERLY
" PROPERTY LINE
LOT 8 / . ", OF LOT 8
~ // ~>- )
" POINT OF IS>.>
// COMMENCEMENT ·\r':0.
NORTHERLY (' ",
,,/ CORNER LOT 8 '"
/
,
,
EAST 1\
PROPERTY LINE 1_
OF LOT 8 "--I â
C'j
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1
S89'57'0~'E SOO'02' 51') ~
"" 109.64 5.00' I P
, N45'15'15"W ~ 10
NORTHERLY'" 7.11' . POINT OF ~
RIGHT-OF-WAY "l g BEGINNING'
LINE ~', u-.i '
\ ~ - -. y
'- 104.59' 1---\ - --
ct ~89'57~09 W - - - --
----
BANDY BOULEVARD
-------- \ ---
( 50l R/'N )
N89'57'09"W
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NOT KBOUNÐAR~ SURVEY
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STEPHEN J, ¡BROWN, 8HOF ,r-SIONAl SURVEYOR AND MAPPER
REGI STRA Tl,OÑ NO/ 4049, STATE OF FLORID/.,
, ../ I
N(Yi vAlln-wrfHOUT THE SIGI'JÄ TURE A~m THE ORIGINAL..
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FILE;
JOB #: 5035-01-04
IDRAWN BY: S.J.B.
CHECKED BV' S.J.B.
. .
I OAT:.: 04/09/2007
!SCAlE: :" = 100'
RESOLUTION NO. 08-248
A RESOLUTION ACCEPTING A
PERMANENT EASEMENT
ON BEHALF OF ST. LUCIE COUNTY, FLORIDA
BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, that:
The foregoing PERMANENT EASEMENT is duly accepted on behalf of St. Lucie
County this 5th day of August. 2008.
BOARD OF COUNTY COMMISSIONERS
ST. LUcrE COUNTY. FLORIDA
BY:
Chairman
ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
G:\ACQ\WP\Right of Way Donations\Dickerson Realty sidewalk easement\Resolution No. 08-.wpd
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AGENDA REQUEST
ITEM NO.;¡¡; 13 é.
DA TE: August 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT:
Deputy Sheriff's Blanket Bond.
BACKGROUND:
Please see attached Memorandum No. 08-1085.
RECOMMENDA TION:
Staff recommends that the Board authorize the Chairman to execute the attached Bond.
[)d APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
E:
COMMISSION ACTION:
Dou as nderson
County Administrator
County Attorney:
0,
i~.lðl-l(í;
(/ IE. I J ,III :Jn4rc.¡y¡anagement & Budget:
Review and Approvals
Purchasing :
Originating Dept:
Other:
Other:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
INTER-OFFICE MEMORANDUM
COUNTY ATTORNEY'S OFFICE
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO: 08-1085
DATE: ·June 9, 2008
SUBJECT: Deputy Sheriff's Blanket Bond
BACKGROUND:
Kristen Bernero, Risk Manager for the St. Lucie County
Sheriff's Office, has requested that the attached Deputy Sheriff's
Blanket Bond for 672 Deputies, be signed by the Chairman of the St.
Lucie County Board of County Commissioners.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board authorize the Chairman to
execute the bond.
Respectfully submitted,
] Á--""
() ¡¡. ,,,"? '\
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1'/ / ¡/.
Danie1 S. Mc~ntvre
County At tOrIueyJ
DSM/cac
Attachment
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~... Hunt Insurance Group, LLC/Hilb Rogal and Hobbs
'm _ H R H 3606 Maclay Boulevard Southl Tallahassee, FL 32312
Post Office Box 12909, Tallahassee, Fl 32317
Telephone: (850) 385-3636 or (800) 763-4868
Facsimile: (850) 385-2124
DEPUTY SHERIFFS BLANKET BOND
The Deputy Sheriffsl Blanket Bond covers sworn
deputies for the faithful performance of their duties of
the Sheriffs office. Florida Statutes indicate that the
bond be provided as required by the Board of County
Commissioners. Please indicate below and return to
us in the self-address envelope if you wish to
continue or cancel this bond.
Please continue the Deputy Sheriffs Blanket Bond D
The number of deputies to be covered under the
bond will be to '1:J .
Please cancel the Deputy Sheriffs Blanket Bond D
¿/7ftr
\ '- Date
St. Lucie County Date
Board of County Commissioners
2008- 2009
í7'
AGENDA REOUEST
ITEM NO. VI-B3
DATE: August 5, 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:
New Horizons of the Treasure Coast, Inc. - Right-of-Way Donation
40 feet on West Midway Road and 5 feet on Favorite Road
Resolution No. 08-244
BACKGROUND:
See an attached Memorandum
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
June 10, 2008 - Board of County Commissioners approved Road Impact Fee Credit Agreement RlF -08-001
subject to the applicant providing the County with a Warranty Deed for right-of way on West Midway Road.
December 3, 2002 - Resolution No. 02-305 - Major Adjustment to an existing Conditional Use Permit to
allow Out-Patient Services and Consultation.
August 21,2001 - Resolution No. 01-126 - Conditional Use Permit to allow Mental Health Facilities.
February 21, 1995 - Resolution No. 95-008 and 95-009 - Change in Zoning and Conditional Use Permit to
allow Medical, Health and Social Services.
RECOMMENDATION: Staff recommends tAat the Board accept the Special Warranty Deed subject to
New Horizons providing the County with Partial Releases, authorize the Chairman to sign Resolution No. 08-
244 and direct staff to record the documents in the Public Records ofSt. Lucie County, Florida.
[}(I APPROVED [ ] DENIED
[ ] OTHER
Approved 5-0
NCE:
COMMISSION ACTION:
o g1 M. Anderson
County Administrator
/' .!i
[x] Originating Dept: '.Jf,\J--
JoAnn Riley
Review and Approvals
[x] Road and Bridg~--
Don Pauley
[x] Engineering: ANp
Mike Powley
[x] Public Works: ~~.
Don West rr
[x] County Attorney: '}.\J
Heather Young
[ ] Environmental:
~
PROPERTY ACQUISITION DIVISION
MEMORANDUM
TO:
Board of County Commissioners
FROM:
JoAnn Riley, Property Acquisition Manager
DATE:
August 5, 2008
SUBJECT:
New Horizons of the Treasure Coast, Inc. - Right-of-Way Donation
40 feet on West Midway Road and 5 feet on Favorite Road
Resolution No. 08-244
BACKGROUND:
On February 21, 1995, the Board approved Resolution No. 95-008 and 95-009 allowing a Change in
Zoning and Conditional Use Permit to allow Medical, Health and Social Services.
On August 21, 2001, the Board approved Resolution No. 01-126 authorizing a Conditional Use Permit
to allow Mental Health Facilities.
On December 3, 2002, the Board approved Resolution No. 02-305 allowing a Major Adjustment to
an existing Conditional Use Permit to allow Out-Patient Services and Consultation.
On June 10, 2008, the Board approved a Road Impact Fee Credit Agreement RIF-08-001 subject to
New Horizons providing the County with a Warranty Deed for the right-of way on West Midway
Road.
Attached for your review and acceptance, New Horizons has signed a Special Warranty Deed for
the rights-of-way on Midway Road and Favorite Road. New Horizons has requested that the Special
Warranty Deed be held in escrow until they can deliver the executed Partial Releases from their
lender. Once the County receives the Partial Releases the County will record the Resolution
accepting the conveyance of the road rights-of-way.
RECOMMENDATION:
Staff recommends that the Board accept the Special Warranty Deed subject to New Horizons
providing the County with Partial Releases, authorize the Chairman to sign Resolution No. 08-244
and direct staff to record the docúments in the Public Records of St. Lucie County, Florida.
Respectfully submitted,
"
i,.· ./î
" .' ¡ '~
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~--;".l"'vv-... - ~Jj.......,-
. JoAnn Ri ley Ó
Property Acquisition Manager
'-DEVINERD=
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W MIDWAY RD
KLEIN & DOBBINS, P. L.
A TTORNEYS AND COUNSELORS A T LAW
m co 11 ins@kleindobbins.com
805 Virginia Avenue
Sùite 25
F9rt Pierce. FL 34982
(772) 409-1133 Ex! 202
(772) 409-1134 Fax
July 9, 2008
VIA HAND DELIVERY
JoAnn Riley
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
Re: New Horizons of the Treasure Coast Inc./Conveyance of Road Rights-of-Way
Dear J oAnn:
Enclosed is the executed Special Warranty Deed for conveyance of the road rights-of-
way for the above-referenced project. As you are aware, we are waiting on execution of the Partial
Releases of Mortgage by the Department of Children and Families. The Partial Releases are
necessary as two mortgages were recorded subject to the grant monies New Horizons received for the
Children's Crisis Stabilization Unit. The Deed cannot be recorded until we receive the executed
Partial Releases. Recording the Deed prior to execution of the Partial Releases could violate the
terms of the Mortgages.
In accordance with our telephone conversation, the enclosed Special Warranty Deed
is being delivered to the County to be held in escrow. You are hereby instructed to hold the Special
Warranty Deed in escrow until we deliver written notice to you that we have received the executed
Partial Releases. The Special Warranty Deed can then be recorded along with the Resolution
approving the conveyance of the road rights-of-way, and the executed Partial Releases of Mortgage.
Please contact me if you have any questions.
Best Regards. . /1
I';(¡'A; frÞ';¡/ tfr!Üù.
'/ {/
Mary)Zaye Collins
Enclosure
MKC/lr
{00008849 l}
lID
This Instrument Prepared By:
W. LEE DOBBINS, ESQ.
Klein & Dobbins, P.L.
805 Virginia Avenue, Suite 25
Fort Pierce, Florida 34982
(772) 409-1133
For Official Use Only
Tax Parcel Identification No.
3406-501-0020-000/9
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made as of the ~ day of June,
2008, by NEW HORIZONS OF THE TREASURE COAST, INC., a Florida corporation, whose
address is 4500 W. Midway Road, Fort Pierce, Florida, 34981 ("Grantor"), to S1. LUCIE
COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia
Avenue, Fort Pierce, Florida, 34982 ("Grantee").
(Whenever used herein, the terms "Grantor" and "Grantee" include all the parties
to this instrument and the heirs, personal representatives and assigns of
individuals and the successors and assigns of corporations, partnerships,
governmental and quasi-governmental entities.)
WIT N E SSE T H:
That Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by
these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee,
all of those certain parcels of real property situate in S1. Lucie County, Florida and more
particularly described in Exhibit" A II and Exhibit "B", attached hereto and made a part hereof
(collectively, the "Land").
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HA VE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the
Land in fee simple; that Grantor has good right and lawful authority to sell and convey Grantor's
interest in and to the Land and hereby warrants the title to the Land and will defend the same
against the lawful claims of all persons claiming by, through or under Grantor, but not otherwise.
This conveyance is subj ect to outstanding taxes accruing subsequent to December 31, 2007, and
{00008732.1 \
to easements, restrictions, agreements, conditions. limitations. reservations and other matters of
record, if any, but this reference to the foregoing shall not operate to reimpose the same.
IN WITNESS WHEREOF, the party referred to above as Grantor has caused
this instrument to be executed and delivered in its name and has intended the same to be and
become effective as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
~~~(yÎ
, mtName: 30ttNNE /(NJ(5IJ..T
NEW HORIZONS OF THE
TREASURE COAST, INe.,
a Florida corporation
~;
By: Oð~~r--'
ðhiÍ Romano, Clì'i-efExecutive Offic.er
~\~
p nt-Name~N p" ·K£Ç,Ü})
[Corporate Seal]
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this ~ day of
o \' ~ f' ,2008, by JOHN ROMANO as Chief Executive Officer of NEW HORIZONS OF
THE TREASURE COAST, INC., a Florida corporation. Said person (check one)~is personally
known to me, ::J produced a driver's license (issued by a state of the United States within the last
five (5) years) as identification, or 0 produced other identification, to wit:
ªLtS~v '
nntName: :SOfJIV/'JE.. }(NIG).Jï
Notary Public, State of Florida
Commission No.: bb \.{ If- '9 g 3
My Commission Expires: r..¡ - J D - 0 'ì
:. ",¡st.:< I>v,s( Jo Anne Knight
'Q~;'
t~ ..' ~ Commission # DD416983
\~~ ,.I Expires April 10, 2009
,-¡, '" BonØ.d Troy F~m ·In,,,,,,nce.lnc. 800-385-7019
{00008732.1 }
DESCRIPTION
BEING A PORTION OF LAND LYING IN LOT 13 OF THE NE 1/4 OF MODEL LAND
COMPANY'S SUBDIVISION OF SECTlON 6 TOWNSHIP 36 SOUTH RANGE 40 EAST
AS RECORDED IN PLAT BOOK 4 PAGE 34 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTlON 6, THENCE
S89"58'10"W ALONG THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF
990.12 FEET TO A POINT; THENCE DEPARTING SAID SOUTH LINE, NOO"07'41"W,
A DISTANCE OF 112.53 FEET TO THE POINT OF BEGINNING; THENCE
S89"54'46"W ALONG THE NORTH LINE OF MIDWAY ROAD (A VARIABLE WIDTH
RIGHT OF WAY), A DISTANCE OF 330.02 FEET TO A POINT ON THE WEST LINE
OF SAID LOT 13; THENCE NOO"07'14"W ALONG SAID WEST LINE, A DISTANCE
OF 40.00 FEET; THENCE N89"54'46"E A DISTANCE OF 330.02 FEET TO A
POINT ON THE EAST LINE OF SAID LOT 13; THENCE SOO'07' 41"E ALONG SAID
EAST LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.30 ACRES, MORE OR LESS.
REVISED PER SlC COMMENTS, 5/21/08
Sheet 1 of 2
DESCRIPTION
of
RIGHT-OF-WAY
File:06-412 S&C
R-W DWG.
CULPEPPER & TERPENING, INC
fl.. CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET
FORT PIERCE, FLORIDA 34981
PHONE 772-464-3537 FA."X 772-464-9497
www.ct-eng.com
STATE OF FLORlDA CERTIFICATION No.!J3 4286
Date: 04-07-2008
Prepared For
NEW HORIZONS - PHASE II
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THIS IS NOT A SURVEY
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GRAPHIC SCALE IN FEET
SCALE 1" = 100'
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WEST LINE OF LOT 13
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LEGEND
U.E. .. U11UTY EASEMENT
RG .. RANGE
S - SEC110N
T - TOWNSHIP
F'G. - PAGE
P.B. .. PLAT BOOK
O.R.B. - OFFlOAL RECORDS BOOK
P .O.B. - POINT Of BEGINNING
P.O.C. - POINT Of COUMENCEMENT
F'LS .. PROFESSIONAL LAND SUR'ÆYOR
R\W .. RIGHT-Of-WAY
<t - CENiERUNE
± .. PLUS OR MINUS
sq.ft. .. SQUARE FEET
COR. - CORNER
R .. RADIUS
L .. LEN GTl-i
å .. DELTA
C8 .. CHORD BEARING
Vl
W
c::
u
-« LOT '3 OF 'THE NE '/4 OF
o MODEL LAND CaMP ANY'S
Ó SUBDIVISION OF SEC. 6-36-40
Vl (P.B. 4 PG. 34)
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40.0' RIGHT-OF-WAY
N
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Ó
P"l
P"l
EAST LINE OF LOT 13
P.O.B.
(SOUTH 224 FEET
OF LOT 14)
(NORTH 264 FEET
OF THE SOUTH 488 FEET
OF LOT 14)
ßP.O.c.
SOUTHEAST CORNER
6 S. 6, T. 36. RG 40
5 EAST LINE OF THE SE 1/4 OF S. 6. T. 36. RG 40
LC COMMENTS. 5/21/08 Sh eet 2 of 2
File: 06-412 S&D.
R-W DWG.
CULPEPPER & TERPENING, INC
SKETCH OF DESCRIPTION
of
RIGHT-Of-WAY
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET
FORT PIERCE, FLORIDA 34981
PHONE 772-464--3537 F.A....X 772-464-9497
www.cr-eng.com
STATE OF FLORlDA CERTIFICATION No. LB 4286
Date: 04-07-2008
Prepared For
NEW HORIZONS - PHASE II
Tech: RD
DESCRIPTION
BEING A PORTION OF LAND L YlNG IN LOT 13 OF THE NE 1/4 OF MODEL LAND
COMPANY'S SUBDIVlSION OF SECTION 6 TOWNSHIP 36 SOUTH RANGE 40 EAST
AS RECORDED IN PLAT BOOK 4 PAGE 34 OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 6, THENCE
SOoo09'01"E ALONG THE EAST LINE OF THE SOUTHEAST 1 /4 OF SAID SECTION
6, A DISTANCE OF 1332.76 FEET TO A POINT ON THE CENTERLINE OF
FAVORITE ROAD (AN UNIMPROVED ROAD AND WIDTH VARIES); THENCE
S89057'52"W ALONG SAID CENTERLINE OF FAVORITE ROAD, A DISTANCE OF
989.56 FEET TO A POINT; THENCE DEPARTING SAID CENTERLINE, SOoo02'08"E,
A DISTANCE OF 25.00 TO THE SOUTH RIGHT-OF-WAY LINE OF SAID FAVORITE
ROAD AND THE POINT OF BEGINNING: THENCE SOO'07' 41 "E ALONG THE EAST
LINE OF SAID LOT 13, A DISTANCE OF 5.00 FEET; THENCE S89"57'52"W A
DISTANCE OF 329.86 FEET TO A POINT ON THE WEST LINE OF SAID LOT 13;
THENCE NOoo07'14"W ALONG SAID WEST LINE, A DISTANCE OF 5.00 FEET
RETURNING TO THE SOUTH RIGHT-OF-WAY LINE OF SAID FAVORITE ROAD;
THENCE N89°57'52"E ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF
329.87 FEET TO A POINT ON THE EAST LINE OF SAID LOT 13 ALSO BEING
THE POINT OF BEGINNING.
CONTAINING 0.038 ACRES, MORE OR LESS.
DESCRIPTION
Sheet 1 of 2
REVlSED PER SLC COMMENTS, 5/21/08
CULPEPPER & TERPENING. INC
of
CONSUL"TING ENGINEERS I LAND SURVEYORS
2980 SOUTH 25th STREET
FORT PIERCE, FLORIDA 34981
PHONE 772-464-3537 FAX 772-464-9497
www.ct-eng.com
STATE OF FLORlDA CERTIFICATION No. LB 4286
RIGHT-OF-WAY
Date: 04-03-2008
Prepared Far
NEW HORIZONS - PHASE II
Tech: RD
LOT 13 Of THE NE 1/4 OF
MODEL LAND COMPANy'S
SUBDIVISION OF SEC. 6-36-40
(P.8. 4 PG. 34)
SKETCH TO ACCOMPANY
DESCRIPTION
THIS IS NOT A SURVEY
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U.E. - UTlUTY EASEMENT
RG - RANGE
S - SECTlON
T - TOWNSHIP
PG. - PAGE
P.B. - PLAT BOOK
O.R.B. - OFflOAL RECORDS BOOK
P.O.B. - POINT OF BEGlNNING
P.O.C. - POINT OF COMMENcaAENT
PLS - PROFESSIONAL LAND SURVEYOR
R\W - RIGHT-OF-WAY
{- CEN1ERUNE
± = PLUS OR MINUS
sq.tt. - SQUARE FEET
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R - RADIUS
L - LENGlH
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CB - CHORD BEARING
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EAST v.~ CORNER {
S. 6. . 36. RG ~o
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, 1332.76'
EAST LINE OF "THE SE 1 / ~ OF S. 6, T. 36, RG ~O
5
REVlSED PER SLC COMMENTS, 5/21 j08
Sheet 2 of 2
SKETCH OF DESCRIPTION
of
RIGHT-OF-WAY
File:06-412 S&:D.
R-W DWG.
CULPEPPER & TERPENING, INC
CONSULTING ENGINEERS I LAND SURVEYORS
2980 SOCTH 25th STREET
FORT PIERCE, FLORID"'" 34981
PHOl'iE ïï2-4G4-3537 FAX ïï2-464-9497
www.ct-eng.com
STATE OF FLORIDA CERTIFICATION No. LB 4286
Date: 04-03-2008
Prepared For
NEW HORIZONS - PHASE II
Tech: RD
RESOLUTION NO. 08-244
A RESOLUTION ACCEPTING A
SPECIAL 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 Special Warranty Deed is duly accepted on behalf of St. Lucie County
this 5th day of August, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
DEPUTY CLERK .
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
G:\ACQ\WP\Right of Way Donations\New Horizons\Resolution.wpd
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AGENDA REQUEST
ITEM NO. VI-B4
Date: August 5 I 2008
Regu lar [ ]
Public Hearing [ ]
Consent [X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Treasure Coast FBO, LLC - Revocable License Agreement for Aviation Fuel Trucks
BACKGROUND: See C.A. No. 08-1129
FUNDS A V AIL.(State type & No. of transaction or N/ A): NI A
RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the
proposed Revocable License Agreement with Treasure Coast FBO, LLC, and authorize the Chairman
to sign the agreement.
[ ] APPROVED [] DENIED
[~ OTHER: pulled by the County
Attorney for more information.
CONCURRENCE:
d
Douglas M. Anderson
County Administrator
COMMISSION ACTION:
County Attorney:
(j].
~/ \,
Coordination/Signatures
Mgt. & Budget:
Purchasing:
Daniel S. McIntyre /\
~~." . ...J~i
Originating Dep~~: .. Ai é_____\~)
Diana Lewis
Other:
Ot her :
Finance (Check for Copy only, if applicable):
"
..
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 08-1129
DATE: July 22, 2008
SUBJECT: Treasure Coast FBO, LLC - Revocable License Agreement for Aviation
Fuel Trucks
BACKGROUND:
Attached to this memorandum is a proposed Revocable License Agreement with
Treasure Coast FBO, LLC which has a current fixed base operation lease at the St.
Lucie County International Airport. The license agreement will permit Treasure Coast
FBO to locate two aviation fuel trucks on the County Ramp adjacent to the western
side of the Customs Ramp in order to provide fuel to aircraft landing on the ramp.
Their leased premises do not abut the Customs Ramp and any aircraft desiring to
purchase fuel from them must travel across the airfield to their FBO. In the past I
Volo I the other FBO at the airport I permitted Treasure Coast FBO's predecessor to
locate the fuel trucks on its leased premises, but this agreement has been
discontinued. As a result, Treasure Coast FBO has requested permission to use a
portion of the non-leased premises for this purpose. Pursuant to the license
agreement, Treasure Coast FBO will pay the County seventy-five and 00/100 dollars
($75.00) per month which equates to $.23/square foot each month. The current
annual rental rate for FBO leases is $.23/square foot. The County may terminate the
license upon fifteen (15) days prior written notice. Use of the license area will be
subject to the terms and conditions of the FBO lease including but not limited to
insurance requirements.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board of County Commissioners approve the
proposed Revocable License Agreement with Treasure Coast FBO, LLC, and authorize
the Chairman to sign the agreement.
Attachment
HY/
Copies to:
County Administrator
Mosquito Control Director
Finance Director
Management and Budget Director
Respectfully submitted,
lìí..~,~
Heather Young
Assistant County Attorney
This instrument prepared by:
Heather Young
Assistant 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, (the
"County") and TREASURE COAST FBO, LLC, (the "FBO").
WHEREAS, the County owns and operates St. Lucie County International Airport; and,
WHEREAS, the FBO leases certain property at the Airport for a fixed base operation
and desires to use an additional portion of the Airport to locate aviation fuel trucks in order to
better serve users of the Airport; and,
WHEREAS, the County is willing to permit the FBO to use a portion of the County
Ramp on the western side of the Customs Ramp to locate two fuel trucks subject to the terms and
conditions set forth in this Revocable License Agreement.
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 License Agreement for the purpose of
parking two aviation fuel trucks on a portion of the Airport as indicated in the attached sketch
and incorporated herein as Exhibit "A." This license shall extend only to the above-referenced
use and shall not extend to the construction andlor installation of any structures or utilities.
2. The sole purpose of this License Agreement is to allow the Owner to locate two
aviation fuel trucks on the County Ramp adjacent to the Customs Ramp at the Airport.
3. The FBO agrees to pay the County the amount of seventy-five and 001100 dollars
($75.00), plus applicable tax, per month to the County for the use permitted under this License
Agreement. The first payment shall be due and payable on or before the date set forth above and
each subsequent payment shall be due and payable on or before the first day of the month.
4. Pursuant to the terms and conditions contained in this Agreement, the County
authorizes the FBO to locate two aviation fuel trucks as indicated in Exhibit "A" for the purpose
of providing fuel services to aircraft at the Airport.
5. The FBO shall operate the fuel trucks in accordance with all applicable local, state
and federal rules and regulations, and its fixed base operator lease agreement, as amended, with
the County, ("FBO Lease") incorporated herein by reference. The FBO shall maintain insurance
coverage for the operation in accordance with the terms and conditions of the FBO Lease and
shall provide proof of such insurance upon request.
6. This License Agreement shall be bindingon future successors' and assignees of
the FBO provided that FBO gives adequate notice to the County pursuant to Paragraph 11 of this
Agreement.
7. The County Administrator shall have the right to terminate this Agreement with
or without cause and require removal of the two fuel trucks upon fifteen (15) days prior written
notice to the FBO. The County Administrator may, in lieu of termination, request that the FBO
relocate the two fuel trucks to an alternative location.
8. The term of this License Agreement shall begin on the date first above written and
shall remain in effect unless otherwise revoked or abandoned as provided herein.
9. The FBO agrees to remove the fuel trucks, at any time and at no cost to the
County, if necessary for the maintenance or improvement of the access road and/or the Customs
Ramp by the County.
10. The FBO agrees to allow County employees access to the site for County
purposes as determined by the Airport Director.
11. 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 prepaid) return receipt requested, to the following addresses:
As to County:
With Copies to:
County Administrator
2300 Virginia Avenue
Fort Pierce, FL 34982
County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
Airport Director
2300 Virginia Avenue
Fort Pierce, FL 34982
As to FBO:
Treasure Coast FBO, LLC
3 13 1 Jet Center Terrace
Fort Pierce. FL 34946
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or to such other address as any party may designate by notice complying with the terms of this
section. Each such notice shall be deemed delivered (a) on the date delivered if by personal
delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the
notice is designated by the postal authorities as not deliverable, as the case may be, if mailed.
12. The FBO shall indemnify and hold the County harmless form 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 resulting in injury to persons or
property, or loss of life or property of any kind or nature whatsoever, sustained during FBO's use
ofthe property.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year above first wrote.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this _ day of
2008, by Joseph E. Smith, Chairman of the Board of County Commissioners, S1. Lucie County,
Florida, who is personally known to me and who did take an oath.
WITNESS my hand and official seal, this _ day of
, AD., 2008.
Signature of Notary Public
Name of Notary Public Typed,
Printed or Stamped
3
WITNESSES:
TREASURE COAST FBO, LLC
BY:
NAME:
TITLE:
The foregoing instrument was acknowledged before me this _ day of
2008, by who produced (type of
identification) or is personally known to me and who did take an oath.
WITNESS my hand and official seal, this _ day of , A.D., 2008.
Signature of Notary Public
Name of Notary Public Typed,
Printed or Stamped
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AGENDA REQUEST
ITEM NO. VI-B5
Date: August 5 I 2008
Regular [ ]
Public Hearing [ ]
Consent tx ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Aircraft Rescue and Firefighting Facility (ARFF) - Lease Agreement with St. Lucie
County Fire District
BACKGROUND: See C.A. No. 08-1083
FUNDS A V AIL.(State type & No. of transaction or N/ A): N/ A
RECOMMEND A TION: Staff recommends the Board of County Commissioners approve the proposed
lease agreement with the St. Lucie County Fire District for the Aircraft Rescue and
Firefighting Facility (ARFF), and authorize the Chairman to sign the lease agreement.
COMMISSION ACTION:
[}( APPROVED [ ] DENIED
[ ] OTHER: Approved 5-0
Do 91as M. Anderson
County Administrator
Coordination/Signatures
County Attorney: ,.~ Mgt. & Budget:
Heathe.r Youn~for Daniel s. ~~yre
~/' ~/
Originating Dept.: /6 ~..t~:-C¿_~~ Other:
'!Siana Lewis
Purchasing:
Other :
Finance (Check for Copy only, if applicable):
'\,.
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY I FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 08-1083
DATE: July 18, 2008
SUBJECT: Aircraft Rescue and Firefighting Facility (ARFF) - Lease Agreement with
St. Lucie County Fire District
BACKGROUND:
Attached to this memorandum is a copy of the proposed lease agreement
between the County and the St. Lucie County Fire District for the newly constructed
Aircraft Rescue and Firefighting Facility (ARFF) at the St. Lucie County International
Airport. The facility was constructed pursuant to an inter local agreement between the
County and the Fire District to house the ARFF vehicle. In addition, the Fire District
will relocate its present fire station operations at the airport to the new facility. In
lieu of rental payments, the lease recognizes the value of the services provided to the
airport through the facility and provides for that value to be evaluated on an annual
basis to determine whether it continues to exceed the fair market rental value of the
site as required by the Federal Aviation Administration. The lease provides for a fifty
(50) year term subject to termination upon twenty-four (24) months prior notice. In
the event the County determines it is necessary to terminate the lease agreement
prior to the March 14, 2038, the County will compensate the Fire District based upon
the Fire District's contribution to the construction of the facility based upon a
straight line thirty (30) year depreciation schedule equal to $83,333.00 per year. The
lease has been reviewed and approved by the Federal Aviation Administration.
RECOMMENDATION/CONCLUSION:
Staff recommends the Board of County Commissioners approve the proposed
lease agreement with the St. Lucie County Fire District for the Aircraft Rescue and
Fire Firefighting Facility (ARFF), and authorize the Chairman to sign the lease
agreement.
Attachment
HY/
Copies to:
County Administrator
Airport Director
Finance Director
Management and Budget Director
Environmental Regulations Manager
Respectfully submitted,
11&---....~\:r-~
Heather Young
Assistant County Attorney
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is hereby made and entered into
this day of , 2008, by and between ST. LUCIE
COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
referred to as "Lessor"), and the ST. LUCIE COUNTY FIRE DISTRICT, an
independent taxing district of the State of Florida (hereinafter referred to as
"Lessee").
WITNESSETH:
WHEREAS, on August 16, 2005, the parties entered into an Interlocal
Agreement for the design and construction of an aircraft rescue and fire
fighting facility at the St. Lucie County International Airport ("Airport"), as
shown on the site map, attached hereto and incorporated herein as Exhibit "A",
hereinafter referred to as the "Leased Premises"; and
WHEREAS, Lessee has invested significant funds towards the purchase
of an Aircraft Rescue and Fire Fighting ("ARFF") vehicle and construction of
the Fire Station building ("Fire Station") located upon the Leased Premises, and
will provide essential aircraft rescue and fire fighting services to the Airport,
on a 24 hours per day/? days per week basis; and
WHEREAS, the Interlocal Agreement provided for the parties to enter
into a subsequent agreement governing the use and operation of the Leased
Premises.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises
herein, contained and other good and valuable consideration, it is hereby agreed
between the parties as follows:
1. Term.
A. The Lessor hereby leases the Leased Premises to the Lessee, and
the Lessee hereby leases the same from the Lessor beginning retroactively on
March 15, 2008, and ending March 14,2058.
g: \atty\agreemnt\lease \ARFF Lease 07 -18-08.doc
-1-
B. The parties acknowledge and agree the Lessee is currently
authorized to occupy the Leased Premises and Fire Station building.
C. The Lessor may terminate this Lease upon forty (40) months prior
written notice to the Lessee in the event it determines that the Leased
Premises are required for aeronautical activities as defined in Section 1-2.3-1
of the St. Lucie County Code of Ordinances and included in the Airport Master
Plan.
2. Rental; Escalation Clause; and Method of Adjusting Lease Rates.
A. In consideration and recognition of the fire fighting and rescue
services provided to the St. Lucie County International Airport, as described in
Exhibit "B," attached hereto, and which far exceed the current annual fair
market rental value of the Leased Premises, the Lessee shall pay no further
rent to the Lessor during the Term of this Lease, unless it is subsequently
shown that the cost of providing the services set forth in Exhibit "B" no longer
equates to, at least, the then established fair market rental value of the
Leased Premises.
B. Lessor and Lessee recognize and agree that the purchasing power
of the United States dollar is evidenced by the Consumer Price Index ("cpr).
Beginning upon the commencement of the second year of the Lease and
continuing each year thereafter, the Annual Rent, if applicable under Paragraph
2.A above, shall be adjusted in accordance with the provisions hereinbelow. Said
adjustments shall be computed one (1) month prior to the end of each year of
the Term, or Renewal Term, as the case may be, with the adjusted Annual Rent
to be paid in equal consecutive monthly installments. The adjusted Annual Rent
for the applicable Term or Renewal Term shall be determined by multiplying the
Annual Rent then in effect for the Term of this Lease by a fraction, the
numerator or which is the Consumer Price Index (All Items and Major Group
Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed
by the United States Department of Labor, Bureau of Labor Statistics) (the
IIIndexll), as of three (3) months prior to the expiration of the Term, or the
Renewal Term, as the case may be, and the date of commencement of this
Lease. Lessor shall provide Lessee with the new Annual Rent amount and
g: \atty\agreemnt\lease \ARFF Lease 07 -018-08.doc
-2-
Lessor I S calculations to arrive at same within ten (10) days following the
aforementioned calculation date.
C. This Lease shall be subject to review and re-evaluation at the end
of each 10 year period by Lessor and the rent may be adjusted according to its
action, not to exceed the CPI during the prior 12 month period, if it is shown
that the cost of providing the services set forth in Exhibit "B" no longer
equates to, at least, the then established fair market rental value of the
Leased Premises.
3. Use.
A. The Lessee shall use the Leased Premises to maintain, operate, and
make improvements to the above-described Fire Station building to provide
firefighting and rescue services to the Airport.
B. The Lessee shall also use the Leased Premises to house an ARFF
vehicle to provide firefighting and rescue services to the Airport.
C. The Lessee may also use the Leased Premises for the housing of a
rescue helicopter to provide air transport rescue services in St. Lucie County.
D. As determined by the St. Lucie County Fire District Board of
Commissioners, the Lessee shall maintain sufficient personnel and related
equipment for the operation and maintenance of the ARFF vehicle, and rescue
helicopter, if applicable, to the Leased Premises.
E. No structure, temporary or permanent, shall be erected that will
interfere with the navigable airspace.
F. Except as otherwise provided herein, any revenues generated as a
result of this property are to be used exclusively for the operation and
maintenance of the Airport.
g:\atty\agreemnt\lease\ARFF Lease 07-18-08.doc
-3-
4. Sublease and Assianment.
A. The Lessee shall not sublease all or any part of·the Leased
Premises, or assign this Lease in whole or in part without the Lessor's written
prior consent, which consent shall not be unreasonably withheld.
B. Such subleases, if any, shall be limited to the uses set forth above
in Section 3, and the rent shall be based upon the cost to build and maintain the
subleased premises.
C. Lessor hereby grants Lessee written prior consent to sublease
portions of the Leased Premises for the purposes of housing the above-
described rescue helicopter or other emergency services.
5. Maintenance and Repairs.
A. During the Lease Term, the Lessee shall be responsible for all
maintenance and all necessary repairs, at its expense, to the Leased Premises,
including such items as routine repairs of floors, walls, ceilings, roof, structure,
HVAC system, grounds, electronic gate(s), communications tower operation and
maintenance, and other parts of the Leased Premises, subject to the obligations
of the parties otherwise set forth in this Lease. Maintenance of the
communications tower shall include but not be limited to keeping it properly
marked and lighted at all times.
B. The Lessee shall be responsible for arranging and paying for all
custodial services provided for the Leased Premises during the term of this
Lease.
6. Alterations and Improvements.
. A. The Lessee, at its expense, shall have the right following the
Lessor's consent to remodel, redecorate, and make additions, improvements and
replacements of and to all or any part of the Leased Premises from time to time
as Lessee may deem desirable, provided the same are made in a workmanlike
manner and utilizing good quality materials. Consent by Lessor shall not be
unreasonably withheld.
g:\atty\agreemnt\lease\ARFF Lease 07-018-08.doc
-4-
B. As it may deem necessary during the term of this Lease, Lessee
shall have the right to place and install new flooring, personal property, trade
fixtures, equipment and other temporary installations in and upon the Leased
Premises, and fasten the same to the premises.
C. All personal property, equipment, machinery, trade fixtures and
temporary installations, whether acquired by Lessee at the commencement of
the Lease term or placed or installed on the Leased Premises by Lessee
thereafter, shall remain Lessee I s property free and clear of any claim by
Lessor. Lessee shall have the right to remove the same at any time during the
term of this Lease provided that all damage to the Leased Premises caused by
such removal shall be repai red by Lessee at Lessee's expense.
7. Insurance.
A. If the Leased Premises or any other part of the Fire Station, is
damaged by fire or other casualty resulting from any act or negligence of
Lessee or any of Lessee's agents, employees or invitees, Lessee shall be
responsible for the costs of repairs not covered by insurance.
B. Lessee shall maintain fire and extended coverage insurance on the
Fire Station and the Leased Premises with replacement cost coverage limits of
not less than the replacement cost of the building. Lessee shall be responsible,
at its expense, for fire and extended coverage insurance on all of its personal
property, including the ARFF vehicle, rescue helicopter, if applicable, and
removable trade fixtures, located in the Leased Premises.
C. Lessee shall carry, mai ntai n and pay for all necessary workman's
compensation insurance in its own name, as required by law.
D. The Lessee shall, at its own cost and expense, promptly procure
and pay for and at all time maintain a policy or policies of insurance in a company
or companies acceptable to the Lessor, protecting and insuring the Lessor
against any and all of the foregoing with coverage limits of not less than
$1,000,000 for bodily injury and property damage as a result of any single
occurrence concerning Lessee's operation of the Leased Premises. The
g:\atty\agreemnt\lease\ARFF Lease 07-18-08.doc
-5-
described policies of insurance and all renewals of those policies shall be
delivered to the Lessor. The insurance policy shall provide Broad Form
Comprehensive General Liability coverage and it shall include personal injury;
products and completed operations; and contractual liability. The policy shall
further name St. Lucie County as an additional named insured and shall provide a
thirty (30) day notice of cancellation or non-renewal and a severability of
interest endorsement. A certificate of such insurance shall be provided by
Lessee to Lessor at the time of execution of this Lease.
E. Except as otherwise provided in this Lease, if the premises or any
part of them (including any leasehold improvements), shall be damaged or
destroyed, Lessee shall, to the extent of the insurance proceeds available and
deductible, promptly repair or replace the same, and any insurance proceeds
shall belong to Lessee. It shall be Lessee's responsibility to repair or
reconstruct the leased premises as appropriate. Any other terms or provisions
of this lease agreement pertaining to repair, alteration, construction or
reconstruction by Lessee shall be binding upon Lessee in repairing or
reconstructing the leased premises. If such a substantial portion of the leased
premises is d~stroyed so that Lessee determines that Lessee cannot reasonably
continue to utilize the leased premises until the same are repaired or replaced,
then Lessee may elect to either repair or replace the same, to the extent of
the insurance proceeds and deductible available, or to abstain from repairing or
replacing the same and to terminate this agreement, whereupon any insurance
proceeds shall be paid to Lessor.
F. Lessee shall provide Lessor with current Certificates of Insurance
evidencing Lessee's compliance with this Paragraph.
8. Indemnification.
The Lessee shall be an independent contractor and operator, responsible
to all parties for all of its acts or omissions and the Lessor shall in no way be
responsible for such acts or omissions. To the extent permitted by Florida law,
the Lessee shall and will indemnify and hold harmless Lessor from and against
any and all liability, claims, demands, damages, expenses, fees, fines, penalties,
suits, proceedings, actions, and costs of actions, including reasonable attorney's
fees of any kind and nature arising or growing out of or in any way connected
g:\atty\agreemnt\lease\ARFF Lease 07-018-08.doc
-6-
with the use, occupation, management, or control of the leased premises by the
Lessee or its agents, servants, employees, customers, patrons, or invitees,
arising out of or in any way connected with the operation or conduct of any
business or businesses of the Lessee or its agent, servants, employees,
customers, patrons, or invitees, whether on the leased premises or surrounding
area, or resulting from injury to person or property, or loss of life or property
of any kind or nature whatsoever sustained during the term of this agreement,
in or about the leased premises or surrounding area (except for injuries,
damages or claims which are the result of the primary negligence of the Lessor
and for which the Lessor is legally, directly, and primarily liable).
9. Utilities.
A. Lessee shall be responsible for all charges for water, sewer, gas
and electricity used at the Leased Premises during the term of this Lease.
Lessee shall also pay for, and be responsible for, installation of its own
telephone and computer/internet services, including wiring and hookups, to be
used by Lessee at the Leased Premises.
B. Lessee hereby acknowledges that the Leased Premises are
designed to provide standard office use electrical facilities and standard office
lighting.
10. Signs.
Following Lessor's consent, which shall not be unreasonably withheld,
Lessee shall have the right to place on the Leased Premises, at locations
selected by Lessee, any signs which are permitted by applicable zoning
ordinances and private restrictions. Lessor may refuse consent to any proposed
signage that is in Lessor I s opinion too large, deceptive, unattractive or
otherwise inconsistent with or inappropriate to the Leased Premises. Lessor
shall assist and cooperate with Lessee in obtaining any necessary permission
from governmental authorities or adjoining owners and occupants for Lessee to
place or construct the foregoing signs. Lessee shall repair all damage to the
Leased Premises resulting from the removal of signs installed by Lessee.
g:\atty\agreemnt\lease\ARFF Lease 07-1B-OB.doc
-7-
11. Entry.
Lessor shall have the right to enter upon the Leased Premises at
reasonable hours to inspect the same, provided Lessor shall not thereby
unreasonably interfere with Lessee's business on the Leased Premises.
12. Airport Rules.
Lessee will comply with the rules of the Airport adopted and altered by
Lessor from time to time and will cause all of its agents, employees, invitees and
visitors to do so; all changes to such rules will be sent by Lessor to Lessee in
writing.
13. Default.
If default shall at any time be made by Lessee 'and if said default shall
continue for fifteen (15) days after written notice thereof shall have been
given to Lessee by Lessor, or if default shall be made in any of the other
covenants or conditions to be kept, observed and performed by Lessee, and
such default shall continue for thirty (30) days after notice thereof in writing
to Lessee by Lessor without correction thereof then having been commenced
and thereafter diligently prosecuted, Lessor may declare the term of this
Lease ended and terminated by giving Lessee written notice of such intention,
and if possession of the Leased Premises is not surrendered, Lessor may
reenter said premises. Lessor shall have, in addition to the remedy above
provided, any other right or remedy available to Lessor on account of any
Lessee default, either in law or equity. Lessor shall use reasonable efforts to
mitigate its damages.
14. Quiet Possession.
Lessor covenants and warrants that upon performance by Lessee of its
obligations hereunder, Lessor will keep and maintain Lessee in exclusive, quiet,
peaceable and undisturbed and uninterrupted possession of the Leased Premises
during the term of this Lease.
g: \atty\agreemnt\lease \ARFF Lease 07 -Ol8-08,doc
-8-
15. Notice.
A. Any notice required or permitted under this Lease shall be deemed
sufficiently given or served if sent by United States certified mail, return
receipt requested, addressed as follows:
I f to Lessee:
St. Lucie County Fire District
5160 N.W. Milner Drive
Port St. Lucie, FL 34983
With copy to:
Kenneth Crooks, Esq.
Fire District Attorney
5160 N.W. Milner Drive
Port St. Lucie, FL 34983
I f to Lessor:
With copy to:
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
B. Lessor and Lessee shall each have the right from time to time to
change the place notice is to be given under this paragraph by written notice
thereof to the other party.
16. Waiver.
No waiver of any default of Lessor or Lessee hereunder shall be implied
from any omission to take any action on account of such default if such default
persists or is repeated, and no express waiver shall affect any default other
than the default specified in the express waiver and that only for the time and
to the extent therein stated. One or more waivers by Lessor or Lessee shall not
be construed as a waiver of a subsequent breach of the same covenant, term or
condition.
17. Nondiscrimination.
The Lessee for itself, its agents, successors in interest and assign, as a
part of the consideration hereof, does hereby covenant and agree that (1) no
g:\atty\agreemnt\lease\ARFF Lease 07-18-08.doc
-9-
person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination, (3) that the Lessee shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of
the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination
covenants, the Lessor shall have the right to terminate the lease and to re-
enter and as if said lease had never been made or issued. The provision shall
not be effective until the procedures of Title 49, Code of Federal Regulations,
Part 21 are followed and completed, including exercise or expiration of appeal
rights.
18. Airport Protection.
It shall be a condition of this lease, that the Lessor reserves unto itself,
its successors and assigns, for the use and benefit of the public, a right of
flight for the passage of aircraft in the airspace above the surface of the real
property hereinafter described, together with the right to cause in said
airspace such noise as may be inherent in the operation of aircraft, now known
or hereafter used, for navigation of or flight in said airspace, and for use of
said airspace for landing on, taking off from or operating on the Airport.
The Lessee expressly agrees for itself, its successors and assigns to
restrict the height of structures, objects or natural growth and other
obstructions on the hereinafter described real property to such a height so as
to comply with Federal Aviation Regulations, Part 77.
The Lessor expressly agrees for itself, its successors and assigns, to
prevent any use of the hereinafter described real property which would
g: \atty\agreemnt\lease \ARFF Lease 07 -Ol8-08.doc
-10-
interfere with or adversely affect the operation or maintenance of the Airport,
or otherwise constitute an airport hazard.
19. Fire Station Valuation.
In the event that Lessee is required by Lessor to vacate the Fire Station
building on or before March 14, 2038, Lessee shall be compensated by Lessor
based upon the thirty (30) year straight line depreciation schedule for the Fire
Station building, and improvements made thereto, a copy of which is attached
hereto and incorporated herein as Exhibit "C," equal to eighty-three thousand
three hundred thirty-three and 00/100 dollars ($83,333.00) per year beginning
on March 15, 2008 and ending March 14,2038.
20. Property Ri9hts Reserved.
This lease and all provisions hereof are subject and subordinate to the
terms and conditions of the instruments and documents under which the Lessor
acquired the subject property from the United States of America and shall be
given only such effect as will not conflict or be inconsistent with the terms and
conditions contained in the lease of such lands from the Lessor, and any
existing or subsequent amendments thereto, and are subject to any ordinances,
rules or regulations which have been, or may hereafter be adopted by the
Lessor pertaining to the Airport.
21. Headin9s.
The headings used in this Lease are for convenience of the parties only
and shall not be considered in interpreting the meaning of any provision of this
Lease.
22. Successors.
The provisions of this Lease shall extend to and be binding upon Lessor
and Lessee and their respective legal representatives, successors and assigns.
g:\atty\agreemnt\lease\ARFF Lease 07-1B-OB.doc
-11-
23. Consent.
Lessor shall not unreasonably withhold or delay its consent with respect
to any matter for which Lessor's consent is required or desirable under this
Lease.
24. Compliance with Law.
Lessee shall comply with all laws, orders, ordinances and other public
requi rements now or hereafter pertai ni ng to Lessee I S use of the Leased
Premises. Lessor shall comply with all laws, orders, ordinances and other public
requirements now or hereafter affecting the Leased Premises.
25. Final Aqreement.
This Lease terminates and supersedes all prior understandings or
agreements on the subject matter hereof. This Lease may be modified only by a
further writing that is duly executed by both parties.
26. Governinq Law.
This Lease shall be governed, construed and interpreted by, through and
under the Laws of the State of Florida.
g:\atty\agreemnt\lease\ARFF Lease 07-018-08.doc
-12-
IN WITNESS WHEREOF, the parties have executed this Lease as of
the day and year first above written.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA:
By:
Deputy Clerk
Chai rman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
ATTEST:
ST. LUCIE COUNTY FIRE DISTRICT
BY:
Clerk/Treasurer
Chai rman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
Fire District Attorney
g: \atty\agreemnt\lease \ARFF Lease 07 -IB-OB.doc
-13-
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EXHIBIT "A"
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EXHIBIT "B"
As of 2008, the annual expenses associated with operating the Airport Fire
Station No.4 are based on the following:
Number of personnel assigned:
Square footage:
Equipment assigned:
1 Engine or Quint
1 Rescue vehicle
1 Brush truck
1 ARFF vehicle
1 Battalion Chief's vehicle
The annual expenses are as follow:
Personnel salary and benefits:
Station operating expenses:
Indirect costs:
Total:
30
8,327 sf
$2,850,810
$ 54,268
$ 420,729
$3,325,807
All of the above expenses must be paid by the Fire District in order to provide
any of fire/EMS or rescue services at all, at any time, at no cost to the airport.
At least 85/'0 of the time the Fire District will be fully present, manned and
ready, at the Airport Fire Station No.4, ready to respond to incidents at the
airport. At all times, the Airport Fire Station will remain manned and with
rescue equipment, but not necessarily all rescue equipment at all times. The
ARFF truck, however, will be manned and ready at the Airport Fire Station at
all times, unless being serviced.
g: \atty\agreemnt\lease \ARFF Lease 07 -lS-0S.doc
-15-
EXHIBIT "e" 07/11/2008 Page 1
Compound Period ........: Annual
Nominal Annual Rate ....: 0.000 %
Effective Annual Rate ... : 0.000 %
Periodic Rate .................. : 0.0000 %
Daily Rate ....................... : 0.00000 %
CASH FLOW DATA
Event Start Date Amount Number Period End Date
1 Loan 07/11/2008 2,500,000.00 1
2 Payment 07/11/2009 83,333.33 30 Annual 07/11/2038
AMORTIZATION SCHEDULE - Normal Amortization
Date Payment Interest Principal Balance
Loan 07/11/2008 2,500,000.00
2008 Totals 0.00 0.00 0.00
1 07/11/2009 83,333.33 0.00 83,333.33 2,416,666.67
2009 Totals 83,333.33 0.00 83,333.33
2 07/11/2010 83,333.33 0.00 83,333.33 2,333,333.34
2010 Totals 83,333.33 0.00 83,333.33
3 07/11/2011 83,333.33 0.00 83,333.33 2,250,000.01
2011 Totals 83,333.33 0.00 83,333.33
4 07/11/2012 83,333.33 0.00 83,333.33 2,166,666.68
2012 Totals 83,333.33 0.00 83,333.33
5 07/11/2013 83,333.33 0.00 83,333.33 2,083,333.35
2013 Totals 83,333.33 0.00 83,333.33
6 07/11/2014 83,333.33 0.00 83,333.33 2,000,000.02
2014 Totals 83,333.33 0.00 83,333.33
7 07/11/2015 83,333.33 0.00 83,333.33 1,916,666.69
2015 Totals 83,333.33 0.00 83,333.33
8 07/11/2016 83,333.33 0.00 83,333.33 1,833,333.36
2016 Totals 83,333.33 0.00 83,333.33
9 07/11/2017 83,333.33 0.00 83,333.33 1,750,000.03
2017 Totals 83,333.33 0.00 83,333.33
10 07/11/2018 83,333.33 0.00 83,333.33 1,666,666.70
2018 Totals 83,333.33 0.00 83,333.33
1107/11/2019 83.333.33 0.00 83.333.33 1,583,333.37
07/11/2008 Page 2
Date Payment Interest Principal Balance
2019 Totals 83,333.33 0.00 83,333.33
12 07/11/2020 83,333.33 0.00 83,333.33 1,500,000.04
2020 Totals 83,333.33 0.00 83,333.33
13 07/11/2021 83,333.33 0.00 83,333.33 1,416,666.71
2021 Totals 83,333.33 0.00 83,333.33
14 07/11/2022 83,333.33 0.00 83,333.33 1,333,333.38
2022 Totals 83,333.33 0.00 83,333.33
15 07/11/2023 83,333.33 0.00 83,333.33 1,250,000.05
2023 Totals 83,333.33 0.00 83,333.33
16 07/11/2024 83,333.33 0.00 83,333.33 1,166,666.72
2024 Totals 83,333.33 0.00 83,333.33
17 07/11/2025 83,333.33 0.00 83,333.33 1,083,333.39
2025 Totals 83,333.33 0.00 83,333.33
18 07/11/2026 83,333.33 0.00 83,333.33 1,000,000.06
2026 Totals 83,333.33 0.00 83,333.33
19 07/11/2027 83,333.33 0.00 83,333.33 916,666.73
2027 Totals 83,333.33 0.00 83,333.33
20 07/11/2028 83,333.33 0.00 83,333.33 833,333.40
2028 Totals 83,333.33 0.00 83,333.33
21 07/11/2029 83,333.33 0.00 83,333.33 750,000.07
2029 Totals 83,333.33 0.00 83,333.33
22 07/11/2030 83,333.33 0.00 83,333.33 666,666.74
2030 Totals 83,333.33 0.00 83,333.33
23 07/11/2031 83,333.33 0.00 83,333.33 583,333.41
2031 Totals 83,333.33 0.00 83,333.33
24 07/11/2032 83,333.33 0.00 83,333.33 500,000.08
2032 Totals 83,333.33 0.00 83,333.33
25 07/11/2033 83,333.33 0.00 83,333.33 416,666.75
2033 Totals 83,333.33 0.00 83,333.33
26 07/11/2034 83,333.33 0.00 83,333.33 333,333.42
2034 Totals 83,333.33 0.00 83,333.33
27 07/11/2035 83,333.33 0.00 83,333.33 250,000.09
2035 Totals 83,333.33 0.00 83,333.33
07/11/2008 Page 3
Date Payment Interest Principal Balance
28 07/11/2036 83,333.33 0.00 83,333.33 166,666.76
2036 Totals 83,333.33 0.00 83,333.33
29 07/11/2037 83,333.33 0.00 83,333.33 83,333.43
2037 Totals 83,333.33 0.00 83,333.33
30 07/11/2038 83,333.33 0.10- 83,333.43 0.00
2038 Totals 83,333.33 0.10- 83,333.43
Grand Totals 2,499,999.90 0.10- 2,500,000.00
07/11/2008 Page4
Last interest amount decreased by 0.10 due to rounding.
-19-
"
AGENDA REOUEST
ITEM NO. VI- Cl
DATE: August 5, 2008
__ne: j'_"-~ ._.....
- . -
. .
.. t· --
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): PUBLIC SAFETY
JACK T. SOUTHARD
PUBLIC SAFETY DIRECTOR
SUBJECT:
Resolution No.08-241 County Emergency Management Preparedness and
Assistance Trust Fund Base Grant (EMPA) Federal match portion.
BACKGROUND:
The Base Grant provided by the Department of Community Affairs, Division of
Emergency Management was approved by the Board on October 23, 2007.
Resolution No. 08-241 is accepting an additional $38,205.00 which increases the
agreement to a total of $141,164.00.
FUNDS WILL BE AVAILABLE:
001428-2510-334202-29501 (EMPA Trust Fund-Federal match
portion)
PREVIOUS ACTION:
Board approved Base Grant on October 23,2007 in the amount of $102,959.00.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Budget
Resolution No. 08-241 accepting the additional $38,205.00 and authorize the
Chairman to sign.
[)(] APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
DOlJgla . Anderson
County Administrator
COMMISSION ACTION:
Coum:y Attorney:
Review and Aoorovals
Management & Budget ~¡~
0,W~);¡^n' J..!.~,,;~ \;-\, i!
! Other:
'--
ack T. Southard
Finance: (Check f _ Copy only, if applicable)
/1
i .
Originating De, ~
Purchasing:
Other:
Eff. 5/96
·
,
-
ST. LUCIE COUNTY
DEP ARMTMENT OF PUBLIC SAFETY
DIVISON OF EMERGENCY MANANGEMENT
MEMORANDUM
TO: Board of County Commissioners
FROM: St. Lucie County Department of Public Safety
SUBJECT: Budget Resolution No.08-241 to the Emergency Management Preparedness and Assistance
Trust Fund Base Grant Federal matching funds.
DATE: August 5, 2008
On October 23, 2007, the Board of County Commissioners approved the Emergency Management Preparedness and
Assistance Trust Fund Base Grant, in the amount of $102,959.00, provided by the Department of Community
Affairs, Division of Emergency Management.
Agenda Item number VI-C1 is a Budget Resolution to that agreement increasing the amount of the award by
$38,205.00, which will bring the total of the agreement to $141,164.00
Staff recommends the Board of County Commissioners approve the Budget Resolution number 08-241 to the
Emergency Preparedness and Assistance Trust Fund Program Base Grant, Federal matching funds in the amount of
$38,205.00 and authorize the Chairman to sign
RESOLUTION NO. 08-241
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the
Department of Community Affairs award letter agreement #08BG- 24-10-66-01-253 for a Federal portion grant of
$38,205 to increase the 2007-2008 EMPA Base Grant Agreement.
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 ofSt. Lucie County, Florida,
in meeting assembled this 5th day of August, 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
001428-2510-334202-29501
Department of Community Affairs
$38,205
APPROPRIATIONS
001428-2510-541000-29501
001428-2510-543000-29501
001428-2510-551000-29501
001428-2510-551200-29501
001428-2510-552000-29501
Communications
Utilities
Office Supplies
Equipment < $1,000
Operating Supplies
$16,000
$18,900
$1,000
$1,219
$1,086
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 TmS 5th DAY OF AUGUST, 2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
RESOLUTION NO. 08-241
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St.
Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the
Department of Community Affairs award letter agreement #08BG-24-1O-66-01-253 for a Federal portion grant of
$38,205 to increase the 2007-2008 EMPA Base Grant Agreement.
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 ofSt. Lucie County, Florida,
in meeting assembled this 5th day of August, 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
001428-2510-334202-29501
Department of Community Affairs
$38,205
APPROPRIATIONS
001428-2510-541000-29501
001428-2510-543000-29501
001428-2510-551000-29501
001428-2510-551200-29501
001428-2510-552000-29501
Communications
Utilities
Office Supplies
Equipment < $1,000
Operating Supplies
$16,000
$18,900
$1,000
$1,219
$1,086
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 TmS 5th DAY OF AUGUST, 2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
,
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
"State Emergency Response Team"
CHARLIE CRIST
Governor
W. CRAIG FUGATE
Director
6/25/2008
St. Lucie County Emergency Management
Attn: Tom Christopher
101 N. Rock Rd.
Ft. Pierce, Florida 34945
Re: AWARD Letter
Agreement #08-BG-24-10-66-01-253
Dear Mr. Christopher,
In accordance wit4 Paragraph 17(d) ofthe above reference Agreement, this award Letter
serves as a legal modification to your Base Grant Agreement. This Award Letter provides
FEDERAL funds to your County in the amount of$38,205. These funds are provided for
reimbursement of eligible costs under the agreement's original period of performance, October 1,
2007 through September 30, 2008.
These funds continue to require a dollar for dollar non-federal match. Please
ensure that your County can provide the required additional match before accepting these
funds.
This Award letter increases your County's total amount of funding under this Agreement
to $141,164. You must return the attached budget form (Attachment A-I) showing the
anticipated expenditure of the Federal funds. All other terms and conditions of the Agreement
shall remain in full force and effect. Please make this a part of your Agreement File.
Should the County not wish to accept these additional funds, then the County must
provide notice to the Division within thirty (30) days ofreceipt of this Award Letter. Otherwise
the County shall provide to the Division its written notice of acceptance within forty-five
(45) days of receipt of the Award Letter. In accordance with Paragraph I7(d) of the above
referenced Agreement, the terms of this Agreement shall be considered to have been modified to
include the additional funds upon receipt by the Division of the written notice of acceptance.
2555 SHUMARD OAK BOU.LEVARD $ TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016
Internet address: http://www.FloridaDisaster.org
LONG TERM RECOVERY OFFICE $ 36 SKYLINE DRIVE $ LAKE MARY, FLORIDA 32746
Phone: 407-268-8899 FAX: 407-268-8977
-7-
¡
County: St. Lucie
Agreement No: 08-BG-24-10-66-01-253
REVISED EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program $38,205
CFDA: 97.042
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Chapter 252, Florida Statutes
Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
OMB Circular A-87 and A-133
48 CFR, Part 31
STATE RESOURCES· AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of State Financial Assistance title and
number)
State Awarding Agency: Division of Emen!encv Management
Catalog of State Financial Assistance Title: Emergencv Management Programs
Catalog of State Financial Assistance Number: 52008
State Grant Amount: $105,806 (minus deduction of $2,847 mos. satellite service)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida
Administrative Code.
-2-
I
County EM Director
Page Two
You may indicate your acceptance of these funds by signing and returning this Award
Letter with the attached budget page to Cherie Trainor, Florida Division of Emergency
Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100.
Res.~ectfully,
raig Fugate, Director
Division of Emergency Management
WCFI
Attachment
...............................................................................
I accept the additional funds and agree to all terms and conditions as set forth in the County Base
Grant Agreement.
County: St. Lu.úe
Title: Pu.blic.. Sa
Authorized Officia :
Date: July 1, Z008
-3-
.'
Attachment A-I
Budget
The anticipated expenditures for the Categories listed below are for the Emergency Management
Performance (EMPG) Federal portion of this sub grant only (Paragraph (17)(d),
FUNDING/CONSIDERA TION).
Category
SalarieslFringe Benefits
Other Personal Services
Expenses
Operating Capital Outlay
Fixed Capital Outlay
Management & Admin. Costs
(not to exceed 2.5%)
Total Federal Funds
Anticipated Expenditures Amount
$
$
$ 38,205.00
$
$
$
$ 38,205.00
-4-
~
/
,
AGENDA REQUEST
ITEM NO. VI-C2
DATE: August 5, 2008
_.':,~..~. ..cT::":--~-:···.··..
.
.. t· -,-,
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): PUBLIC SAFETY
JACK T. SOUTHARD
PUBLIC SAFETY DIRECTOR
SUBJECT: Request to accept Modification #1 to Agreement #07-DS-5N-10-66-0l-336,
State Homeland Security Grant, time extension.
BACKGROUND:
The Board of County Commissioners approved the State Homeland Security Grant
Agreement on October 10, 2007. The purpose for the Agreement is for local planning,
exercise, and training for Homeland Security. This Agreement expired on January 31, 2008.
Modification # 1 to this Agreement is reinstating the agreement and extending the expiration
date to June 30, 2009.
FUNDS WILL BE AVAILABLE: 001185-2510-331233-200 Department of Homeland Security
(This Agreement does not require matching funds)
PREVIOUS ACTION: On October 10,2007, the S1. Lucie Board of County Commissioners accepted the State
Homeland Security Grant Agreement for local planning, exercise and training for Homeland
Security.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve Modification # 1 to
Agreement#07-DS-5N-1O-66-01-336, State Homeland Security Grant Agreement and
authorize the Chairman to sign.
D4 APPROVED [] DENIED
[ ] OTHER: Approved 5-0
o as M. Anderson
County Administrator
COMMISSION ACTION:
County Attorney:
/'Î
~,
, I
l·/~~
Review and ApPl"ovals
;r-.. ~anagement & Budget:. ~
:J:¡¡)-(JÇ\ ~e_(\~k..r \-\,1.\
j Other:
Purchasing:
Other:
Eff.5/96
4'
,
11II
St Lucie County
Department of Public Safety
Division of Emergency Management
MEMORANDUM
TO: Board of County Commissioners
FROM: Jack T. Southard, Public Safety Director
DATE: August 5, 2008
REF: Modification # 1 to Agreement State Homeland Security Grant
#07-DS-5N-I0-66-01-336
The Board of County Commissioners approve;d the State Homeland Security Grant on October 10,
2007. The purpose for this agreement is for local planning, exercise, and training for Homeland
Security.
This Agreement expired on January 31,2008. Modification #1 to this Agreement is reinstating the
agreement and extending the expiration date to June 30, 2009.
Therefore, Staff recommends the Board of County Commissioners approve Modification #1 to
Agreement #07-DS-SN-I0-66-01-336, State Homeland Security Grant Agreement and authorize the
Chairman to sign.
JTS/mgp
.,;:-,.
I
Contract Number:
CFDA Number:
07-DS-5N-10-66-01-336
97.067
MODIFICATION #1 TO GRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida,
Division of Emergency Management, ("the Division"), and Saint Lucie County
("Recipient") to modify DCA Contract Number 07-DS-5N-10-66-01-336, dated
December 14, 2006 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement,
pursuant to which the Division has provided a sub grant to Recipient under the State
Homeland Security Grant Program of $41,944; and
WHEREAS, the Agreement expired on January 31,2008; and
WHEREAS, the Division 'and the Recipient desire to reinstate the Agreement and
to extend the term ofthe Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties
contained herein, the parties agree as follows:
1. The Agreement is hereby reinstated as though it had never expired.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
This Agreement shall begin upon execution by both parties, and shall
end June 30,2009, unless terminated earlier in accordance with the
provisions of paragraph (12) of this Agreement.
3. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with
this Modification, effective as of the date of the last execution of this
Modification by both parties.
4. All provisions not in conflict with this Modification remain in full force and
effect, and are to be performed at the level specified in the Agreement.
-1-
.,
/
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates
set out below.
RECIPIENT: Saint Lucie County
BY:
NAME & TITLE:
DATE:
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY:
NAME & TITLE:
w. Craig Fugate. Director of the Division of Emen?;ency Management
DATE:
-2-
..
/
I
AGENDA REOUEST
ITEM NO. VI-C3
DATE: August 5, 2008
_-- J':~ .._ ...
. '
.. I'·· ..
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): PUBLIC SAFE1Y
JACK T. SOUTHARD
PUBLIC SAFElY DIRECTOR
SUBJECT: Request to accept Modification #2 to Agreement #07-DS-3W-I0-66-01-248,
State Homeland Security Grant, time extension.
BACKGROUND:
The Board of County Commissioners approved the State Homeland Security
Grant Agreement on October 10, 2006. The purpose for the Agreement is for
local planningl exercise, and training for Homeland Security. This Agreement was
to expire on February 28, 2007. On March 6, 2007, Modification #1 extended
the expiration date to February 28, 2008. Modification #2 will reinstate the
Agreement and extend the expiration date to March 31, 2009.
FUNDS WILL BE AVAILABLE:
001186-2510-331233-200 Department of Homeland Security
(This Agreement does not require matching funds)
PREVIOUS ACTION: On October 10, 2006, the St. Lucie Board of County Commissioners accepted
the State Homeland Security Grant Agreement for local planning, exercise and
training for Homeland Security. On March 6, 2007, Modification #1 extended
the expiration date to February 28, 2008.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve Modification
#2 to Agreement#07-DS-3W-I0-66-01-248, State Homeland Security Grant
Agreement and authorize the Chairman to sign.
['}(J APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
ou sM. Anderson
County Administrator
COMMISSION ACTION:
Review and Aoorovals
County Attorney: Management & Budget ~~\. \
_'Hn(l~ I-h \
Originating Dep _ Otner: - .J
('J ict T. Southard
Finance: (Checl: f~ Copy only, i: appli.cable \
Purchasing:
Other:
Ef::. 5/%
;,
..
--
- . .... . ."--',-.- -' ,-', '.,'.. - '-_..
St Lucie County
Department of Public Safety
Division of Emergency Management
MEMORANDUM
TO: Board of County Commissioners
FROM: Jack T. Southard, Public Safety Director
DATE: August 5, 2008
REF: Modification #2 to Agreement State Homeland Security Grant
#07-DS-3W-1O-66-01-248 Time Extention
The Board of County Commissioners approved the State Homeland Security Grant Agreement on October 10,
2006. The purpose for the Agreement is for local planning, exercise, and training for Homeland Security. This
Agreement was to expire on February 28,2007. On March 6, 2007, Modification #1 extended the expiration
date to February 28, 2008. Modification #2 will reinstate the Agreement and extend the expiration date to
March 31, 2009.
Therefore, Staff recommends the Board of County Commissioners approve Modification #2 to
Agreement #07-DS-3W-I0-66-01-248, State Homeland Security Grant Agreement and authorize the
Chairman to sign.
JTS/mgp
/
,
Contract Number:
CFDA Number:
07-DS-3W -10-66-01-248
97.067
MODIFICATION #2 TO GRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida,
Division of Emergency Management, ("the Division"), and Saint Lucie County
("Recipient") to modify DCA Contract Number 07-DS-3W-10-66-01-248, dated
November 5, 2006 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement,
pursuant to which the Division has provided a sub grant to Recipient under the State
Homeland Security Grant Program of $46,633; and
WHEREAS, the Agreement expired on February 28, 2008; and
WHEREAS, the Division and the Recipient desire to reinstate the Agreement and
to extend the tenn of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises ofthe parties
contained herein, the parties'agree as follows:
1. The Agreement is hereby reinstated as though it had never expired.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
This Agreement shall begin upon execution by both parties, and shall
end March 31, 2009, unless terminated earlier in accordance with the
provisions of paragraph (12) of this Agreement.
3. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with
this Modification, effective as of the date ofthe last execution of this
Modification by both parties.
4. All provisions not in conflict with this Modification remain in full force and
effect, and are to be performed at the level specified in the Agreement.
-7-
1
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates
set out below.
RECIPIENT: Saint Lucie County
BY:
NAME & TITLE:
DATE:
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY:
NAME & TITLE:
W. Craig Fugate. Director of the Division of Emergency Management
DATE:
-2-
~
AGENDA REOUEST
ITEM NO. VI-C4
DATE: August 5, 2008
COUNTY ,~
FLORIDA
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ x]
i
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMmED BY(DEPT): PUBLIC SAFETY
JACK T. SOUTHARD
PUBLIC SAFETY DIRECTOR
SUBJECT: Request to accept Modification #1 to Agreement #C07-06-313,
Treasure Coast Regional Planning Council extension date utilizing the remaining State
Homeland Security Grant Program funding of $8,969.00.
BACKGROUND:
The Board of County Commissioners approved the Agreement with Treasure
Coast Regional Planning Council on June 26, 2007. The purpose for the
Agreement is to provide Incident Command System (ICS) and Response to
Terrorism training. This Agreement expired on January 31, 2008. Modification
# 1 to this Agreement is reinstating the agreement and extending the expiration
date to June 30, 2009.
FUNDS WILL BE AVAILABLE:
001185-2510-331233-200 Department of Homeland Security
PREVIOUS ACTION: On June 26, 2007, the St. Lucie Board of County Commissioners approved the
Treasure Coast Regional Planning Council for Professional Services to provide
training for ICS and Response to Terrorism training.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve Modification
#1 to Agreement#C07-06-313, Treasure Coast Regional Planning Council
Agreement and authorize the Chairman to sign.
Approved 5-0
ou sM. Anderson
County Administrator
COMMISSION ACTION:
[}(J APPROVED [ ] DENIED
[ ] OTHER:
Originating Dep
Review and Aoprovals
/ .J4anagement & Budget ~\ _.
'[ ( ..... ' ](_.J.., .J ' - ,\
. -'I r. i ,t:n7,J ..J{:('-f\t Æ \\. \
OUier: ~
purchasing:
county Attorney:
Other:
Eff. 5/96
St. Lucie County
Department of Pub~ic Safety
Division of Emergency Management
MEMORANDUM
TO: Board of County Commissioners
FROM: Jack T. Southard, Public Safety Director
DATE: August 5, 2008
REF: Modification #1 to Agreement
Treasure Coast Regional Planning Council Agreement
The Board of County Commissioners approved the Agreement with Treasure Coast
Regional Planning Council on June 26, 2007. The purpose for the Agreement is to
provide Incident Command System (rCS) and Response to Terrorism training. This
Agreement expired on January 31, 2008. Modification #1 to this Agreement is reinstating
the agreement and extending the expiration date to June 30, 2009.
Therefore, staff recommends the Board of County Commissioners approve Modification
#1 to Agreement#C07-06-313, Treasure Coast Regional Planning Council Agreement and
authorize the Chairman to sign.
JTS/mgp
Contract Number:
C07 -06- 313
PROFESSIONAL SERVICES AGREEMENT MODIFICATION #1
This Modification is made and entered into by and between St. Lucie County
hereinafter referred to as the "County" and the Treasure Coast Regional Plamúng Council
hereinafter referred to as the "Council," to modify the Professional Services Agreement
("Agreement") # C07-06-313'dated June 26,2007.
WHEREAS, the County and the Council have agreed to reinstate the Agreement,
pursuant to which the S1. Lucie County Division of Emergency Management is to provide
additional Advanced Incident Command System training on behalf of the St. Lucie
County Division of Emergency Management through this Agreement utilizing the
remaining State Homeland Security Grant Program funding of$8,969.00; and
WHEREAS, the Agreement expired on Jånuary 31, 2008; and
WHEREAS, the County and the Council desire to reinstate the Agreement and
extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties
contained herein, the parties agree as follows:
1. The Agreement is hereby reinstated as though it had never expired.
2. Article I, Paragraph 2 of the Agreement is hereby amended to read as follows:
This Agreement shall begin upon execution by both parties, and shall end June
30,2009, unless terminated earlier in accordance with the provisions of Article V
of this Agreement.
3. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with
this Modification, effective as of the date of the last execution of this
Modification by both parties.
4. All provisions not in conflict with this Modification remain in full force and
effect, and are to be performed at the level specified in the Agreement.
5. An amended scope of work that calls for additional training services is part of this
Agreement.
-1-
IN WI1NESS WHEREOF, the parties hereto have executed this document as of the dates
set out below.
ST. LUCIE COUNTY:
BY:
NAME & TITLE:
DATE:
TREASURE COAST REGIONAL PLANNING COUNCIL:
By:¿r-'yYfYZ-
NAME & TITLE: Þl/GI-fA- EL -:r. 30 ú-tA- A-:s 1 '75 ex Ec.v l v ¿ D I tZ.t:::c'(õ/'Z.
DATE: 7// I:> / C5 Þ
I ../
-z-
FY06 PROFFESSIONAL SERVICES AGREEMENT MODIFICATION #C07-06-313
SCOPE OF SERVICES
The Treasure Coast Regional Planning Council (Council) will provide the following services to
St. Lucie County Division of Emergency Management (County) to meet the requirements of the
State Homeland Security Grants Programs for Fiscal Year 2006. Expenditure of these funds was
extended by the Florida Department of Community Mfairs, Division of Emergency Management
and the completion of these classes will conclude and close-out the 2006 grant.
PURPOSE
To provide all-discipline training for the needs of St. Lucie County emergency management and
emergency service personnel. These training classes will facilitate County use by functions,
processes or agencies of S1. Lucie County that will help maintain protection of life and property
and to ensure the execution of the County's mission of response and recovery in the event of a
disaster.
I. WORK PRODUCTS
The Council shall provide a concluding report on the training offered as well as copies of
rosters, training agendas and number of students trained per component with class names and
levels to the S1. Lucie County Division of Emergency Management for distribution to
appropriate agencies/departments. The Council is responsible for submitting required
attenda.nce forms to the State Division of Emergency Management.
n. COOPERATION
The following individuals shall be the primary contact persons under this Agreement:
St. Lucie County
NIT.Ch~lesChri~ophcr
Emergency Management Coordinator
S1. Lucie County Emergency Management
101 N. Rock Road
Fort Pierce, Florida 34945
(772) 461-5201 E-mail: char1esc@stlucieco.gov
Treasure Coast Regional Planning Council
Ms. Kathryn E. Boer
Emergency Pro grams Coordinator
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, Florida 34994
(772) 221-4060 E-mail: kboer@tcrpc.org
S1. Lucie County Division of Emergency Management
Extended Scope FY06 Agreement # C07-06-313
-3-
m. ALL DISCIPLINE TRAINING: FACILITATION, COORDINATION AND PROVISION
Training will be coordinated by the Council and will be accomplished with funds provided
from the FY06 State Homeland Security Grant Program to the St. Lucie County Division of
Emergency Management. Copies of course descriptions, attendant rosters and training
agendas will be provided to the St. Lucie County Division of Emergency Management for
distribution to appropriate agencies/department heads and in maintenance of National
Incident Management System (NIMS) compliance requirements. The County is responsible
for submitting required attendance forms to the State Division of Emergency Management.
St. Lucie County Division of Emergency Management will submit the final invoice and
applicable paperwork to the Florida Division of Emergency Management.
A. Disciplines selected for training include but are not limited to the following:
· Public Works
· Law Enforcement
· Fire/Rescue
· Emergency Management
· Public Safety Communications (911)
B. The types of training to be conducted include the following:
· Basic Incident Command System (ICS-200)
· Introduction to the National Response Plan (ICS-800)
· Intermediate Incident Command System (ICS-300)
· Advanced Incident Command System (ICS-400)
C. Eligible costs related to the Council's execution of training classes will include the
following:
· TraveVper diem
· Training materials/supplies
· Instructor fees
· Rental of space/locations
Training classes are scheduled as follows:
Basic Incident Command System (ICS-200) September 9, 2008
September 10, 2008
September 11,2008
Introduction to the National Response Plan (ICS-800) September 9,2008
September 10,2008
September 11, 2008
Intermediate Incident Command System (ICS-300) October 7-9, 2008
Advanced Incident Command System (ICS-400) October 21-22,2008
St. Lucie County Division of Emergency Management
Extended Scope FY06 Agreement # C07-06-313
-4-
~
AGENDA REOUEST
ITEM NO. VI-C5
COUNTY .
FLORIDA
DATE: August 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): PUBLIC SAFETY
JACK T. SOUTHARD
PUBLIC SAFETY DIRECTOR
SUBJECT: Request to accept Modification #1 to Agreement #C07-02-053,
Treasure Coast Regional Planning Council extension date utilizing the remaining State
Homeland Security Grant Program funding of $4,864.25.
BACKGROUND:
The Board of County Commissioners approved the Agreement with Treasure
Coast Regional Planning Council on January 17, 2007. The purpose for the
Agreement is to provide Incident Command System (ICS) and Response to
Terrorism training. This Agreement expired on February 28, 2008. Modification
#1 to this Agreement is reinstating the agreement and extending the expiration
date to March 31, 2009.
FUNDS WILL BE AVAILABLE:
001186-2510-331233-200 Department of Homeland Security
PREVIOUS ACTION: On January 17, 2007, the St. Lucie Board of County Commissioners approved
the Treasure Coast Regional Planning Council for Professional Services to
provide training for ICS and Response to Terrorism training.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve Modification
#1 to Agreement#C07-02-053, Treasure Coast Regional Planning Council
Agreement and authorize the Chairman to sign.
[}(J APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
o glas M. Anderson
County Administrator
COMMISSION ACTION:
UR
Finance: (Check
Review and Aoorovals
.'.' ,/ ",', :-:-.~, a.,n.a." gement & Budget ~ \ '. Purchasing:
:' !,:";';!"., . ~.01\.\\ \'" ~\;\\\
, Qther: Other:
County Attorney:
Originating Dept.
Eft. 5/96
St;. Lucie Count;y
Depart:ment; of Pub~ic Safet;y
Di vision of Emergency Management;
MEMORANDUM
TO: Board of County Commissioners
.
FROM: Jack T. Southard, Public Safety Director
DATE: August 5, 2008
REF: Modification #1 to Agreement
Treasure Coast Regional Planning Council Agreement
The Board of County Commissioners approved the Agreement with Treasure Coast
Regional Planning Council on January 17, 2007. The purpose for the Agreement is to
provide Incident Command System (ICS) and Response to Terrorism training. This
Agreement expired on February 2S, 200S. Modification #1 to this Agreement is
reinstating the agreement and extending the expiration date to March 31, 2009.
Therefore, staff recommends the Board of County Commissioners approve Modification
#1 to Agreement#C07-02-053, Treasure Coast Regional Planning Council Agreement and
authorize the Chairman to sign.
JTS/mgp
Contract Number:
C07 -02-053
PROFESSIONAL SERVICES AGREEMENT MODIFICATION #1
This Modification is made and entered into by and between St. Lucie County
hereinafter referred to as the "County" and the Treasure Coast Regional Planning Council
hereinafter referred to as the "Council," to modify the Professional Services Agreement
("Agreement") # C07-02-053 dated Janùary 17,2007.
WHEREAS, the County and the Council have agreed to reinstate the Agreement,
pursuant to which the Council will provide additional Incident Command System training
on behalf of the St. Lucie County Division of Emergency Management through this
Agreement utilizing the remaining State Homeland Security Grant Program funding of
$4,864.25; and
WHEREAS, the Agreement expired on February 28, 2008; and
WHEREAS, the County and the Council desire to reinstate the Agreement and
extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties
contained herein, the parties agree as follows:
1. The Agreement is hereby reinstated as though it had never expired.
2. Article I, Paragraph 2 of the Agreement is hereby amended to read as follows:
This Agreement shall begin upon execution by both parties, and shall
end March 31, 2009, unless terminated earlier in accordance with the
provisions of Article V of this Agreement.
3. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with
this Modification, effective as of the date of the last execution of this
Modification by both parties.
4. All provisions not in conflict with this Modification remain in full force and
effect, and are to be performed at the level specified in the Agreement.
5. An amended scope of work that calls for additional training services is part of this
Agreement.
-1-
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates
set out below.
ST. LUCIE COUNTY:
BY:
NAME & TITLE:
DATE:
TREASURE COAST REGIONAL PLANNING COUNCIL:
BY:~~
NAME & TITLE: fJl,(..H-A¡qL '"J. 3VSI--tA A-5 ITS 6)(£(" u n vE D/fl-ECrõl1..
DATE: 7 / I b I ó ?
I (
-2-
FY05 PROFFESSIONAL SERVICES AGREEMENT MODIFICATION #C07-02-053
SCOPE OF SERVICES
The Treasure Coast Regional Planning Council (Council) will provide the following services to
St. Lucie County (County) to meet the requirements of the State Homeland Security Grants
Programs for Fiscal Year 2005. Expenditure of these funds was extended by the Florida
Department of Community Affairs, Division of Emergency Management and the completion of
these classes will conclude and close-out the 2005 grant.
PURPOSE
To provide all-discipline training for the needs of St. Lucie County emergency management and
emergency service personnel. These training classes will facilitate County use by functions,
processes or agencies of St. Lucie County that will help maintain protection of life and property
and to ensure the execution of the County's mission of response and recovery in the event of a
disaster.
I. WORK PRODUCTS
The Council shall provide a concluding report on the training offered as well as copies of
rosters, training agendas and number of students trained per component with class names
and levels to the St. Lucie County Division of Emergency Management for distribution to
appropriate agencies/departments. The Council is responsible for submitting required
attendance forms to the State Division of Emergency Management.
II. COOPERATION
The following individuals shall be the primary contact persons under this Agreement:
St. Lucie County
Mr. Charles Christopher
Emergency Management Coordinator
St. Lucie County Emergency Management
101 N. Rock Road
Fort Pierce, Florida 34945
(772) 461-5201 E-mail: charlesc@stlucieco.gov
Treasure Coast Regional Planning Council
Ms. Kathryn E. Boer
Emergency Programs Coordinator
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, Florida 34994
(772) 221-4060 E-mail: kboer@tcrpc.org
St. Lucie County Division of Emergency Management
Extended Scope FY05 Agreement # C07-02-053
III. ALL DISCIPLINE TRAINING: FACILITATION, COORDINATION AND PROVISION
Training will be coordinated by the Council and will be accomplished with funds provided
from the 2005 State Homeland Security Grant Program to the St. Lucie County Division of
Emergency Management. Copies of course descriptions, attendant rosters and training
agendas will be provided to the St. Lucie County Division of Emergency Management for
distribution to appropriate agencies/department heads and in maintenance of National
Incident Management System (NIMS) compliance requirements. The County is responsible
for submitting required attendance forms to the State Division of Emergency Management.
St. Lucie County Division of Emergency Management will submit the final invoice and
applicable paperwork to the Florida Division of Emergency Management.
A. Disciplines selected for training include but are not limited to the following:
· Public Works
· Law Enforcement
· Fire/Rescue
· Emergency Management
· Public Safety Communications (911)
B. The types of training to be conducted include the following:
· Introductions to the Incident Command System (ICS-lOO)
· Introduction to the National Incident Management System (ICS-700)
C. Eligible costs related to the Council's execution of training programs will include the
following:
· Travel/per diem
· Training materials/supplies
· Instructor fees
· Rental of space/locations
Training classes are scheduled as follows:
Introductions to the Incident Command System (ICS-lOO): August 26,2008
August 27, 2008
August 28, 2008
National Incident Management System (ICS-700) August 26, 2008
August 27, 2008
August 28, 2008
St Lucie County Division of Emergency Management
Extended Scope FY05 Agreement # C07-02-053
-4-
ITEM NO. VI..D
Investment For The Future DATE: 8/5/08
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY:
Parks and Recreation
Debra Brisson, Director
SUBJECT: Board approval to award Invitation to Bid (ITB) #08·051, St. Lucie County
Fairgrounds Wastewater T Pia ·Pass Holding Tank to the second
lowest responsive, responsible bid er, per attached tabulation sheet.
BACKGROUND: Please see the attached memorandum.
FUNDS AVAilABLE: 001·7420·563000-7655: Transferred funds from FEMA lease
001-7420-562000-7655: Fair Association Donations
001419-2510-562000-7655: EOC Match for Grant
316-7420.563000·7655: IFF Funds - Fairgrounds· Infrastructure
PREVIOUS ACTION: B.O.C.C. recommended approval for permission to advertise 1/15/08, Agenda Item
C3.
RECOMMENDATION: Staff recommends Board roval to award Invitation to Bid (ITB) #08·051 St.
Lucie County Fairgrounds Treatment Plant By·pass Holding Tank to
the second lowest responsive, responsible bidder, per the attached tabulation
sheet, and authorization for the Chairman to sign the contract as prepared by the
County Attorney. .
APPROVED
OTHER
() DENIED
Anderson
County Administrator
COMMISSION ACTION:
Approved 5-0
/"""\
County Attorney:
Dani I S. Mcintyre
G~
l<t
Coordination/Signatures
1',
Mgt & Budget: t<..."SJJ Purchasing: \~~
Jttlfn\ t{ O'SltLO v¡þ, Desiree Cimino
Finance (..J for copy only if applicable)
"
PARKS AND
MEMORA
TO: Board of County Commissioners
FROM: Debra Brisson, Director
July 21, 2008
RE: Board approval to award Invitation to Bid (lTB) Bid #08-051 St Lucie County
Fairgrounds Wastewater Treatment Plant By~Pass Hol Tank according to the
attached tabulation of the second lowest responsive, respo ible bidder
Background:
ITB 08~046 was issued June 8, 2008 and the bids were opened July 9,2008. Four Hundred eighty~
seven (487) firms were notified, twenty-two (22) bids were issued, and seven (7) bids were
received. The lowest e bidder al Corporation in the
amount of $614,900.00 but ial der asked for their bid to
be withdrawn second lowest responsive, responsible Construction, Inc. in the
amount of 7.70.
Recommendation:
oard approval to award Invitation to Bid (ITB) Bid #08-051 St. Lucie County
er Treatment Plant By~Pass Holding Tank according to the attached
cond lowest responsive, responsible bidder, and authorization for the Chairman
to sign the contract as prepared by the County Attorney.
~
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f
BOARD OF
COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
Bid #08-051- ST. LUCIE COUNTY FAIRGROUNDS WASTEWATER
TREATMENT PLANT BY-PASS HOLDING TANK
TABULATION SHEET
OPENED: JULY 09,2008 AT 2:00 P.M.
ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO
AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD.
SEVEN (7) submittals were. received:
ST. LUCIE COUNTY
FAIRGROUNDSWASTEWA TER
TREATMENT PLANT CONTINGENCIES 10% TOTAL BID AMOUNT
BY-PASS HOLDING TANK
*
JONES MECHANICAL CORP.
1535 N. COGSWELL, ST.A-4
ROCKLEDGE, FL.32955 $ 559,000.00 $ 55,900.00 $ 614,900.00
FAX: 321-433-3420
CLOSE CONSTRUCTION INC.
301 NW 4TH AVE.
OKEECHOBEE, FL 34972 $ 598,207.00 $ 59,820.70 $ 658,027.70
FAX: 863-763-6337
CENSTATE CONTRACTORS, INC.
P.O. DRAWER 552 .
WINTER HAVEN, FL 33882 $ 655,100.00 $ 65,510.00 $ 720,610.00
FAX: 863-324-3648
DERRICO CONSTRUCTION CORP.
P.O. BOX 36117 $ 669,900.00 $ 66,990.00 $ 736,890.00
MELBOURNE, FL 32936
FAX: 321-242-7937
WEST CONSTRUCTION, INC.
318 SOUTH DIXIE HWY, SUITE 4-5 $ 698,000.00 $ 69,800.00 $ 767,800.00
LAKE WORTH. FL 33460
FAX: 561-582-9419
TLC DIVERSIFIED, INC.
2719 17TH ST. E. $ 698,960.00 $ 69,896.00 $ 768,856.00
PALMETTO, FL 34221
FAX: 941-722-1382
INTERSTATE ENGINEERING, CORP.
6421 COMGRESS AVE. SUITE 100 $ 701,000.00 $ 70,100.00 $ 771,100.00
BOCA RATON, FL 33487
FAX: 561-998-4248
*
Bidder withdrew Bid
Number of companies notified*: 487
Number of bid documents distributed*: 22
Number of bids received: 7
*per demandstar.com
JI~::: MECHANICAL CORP.
GENERAL AND MECHANICAL CONTRACTORS
p. 1
1535 N. Cogswell St., Ste. A-4
Rockledge. FL 32955
321-433-3422
Fax (321) 433-3420
7-16-08
Attn: Ms. Desiree Cimino
St. Lucie County, Purchasing Department
2300 Virginia Ave. Phone /I
Ft. Pierce, Fl. 34982
Re: St. Lucie County Fairgrounds, WWTP By- Pass Holding Tank
Bid Date: July 9, 2008 at 2:00 P.M.
Dear Ms. Cimino,
We write in regard to the bid results for the referenced project for which Jónes
Mechanical Corp. was the apparent low bidder. The disparity in the bids between our
price and the 3 rd. through 7 tho bidders gave cause for concern. We compete with several
of these Contractors on a regular bases and were surprised when oW' price was
considerably lower. While auditing our estimate we found a clerical error whereby the
quoted price for the major equipment was 360,103.00 dollars, we inadvertently entered
the nwnber of 306, 103.00 dollars. This represents a 54,000.00 dollar error.
We regret to inform you of these unfortunate circumstances but we believe that the
project at our bid price would create a significant hardship on our business. We
respectfully request release from the bid with out prejudice.
Your understanding and cooperation in this matter will be greatly appreciated. Please .
notify US of your disposition at the earliest convenience.
Cc: Earl Masteller, Masteller & Moller Inc.
Corr-out, St. Lucie County
2
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4
Mark DiMascio - Re: Question
From:
To:
Date:
Subject:
CC:
Heather Lueke
Desiree Cimino
7/16/20083:05 PM
Re: Question
Marie Gouin
Desiree,
I agree with your idea to accept the letter, withdraw the bid, and notify the department. I know that we have some language in
our bid documents that requires bidders to hold their bid prices for a certain amount of time, but I don't think it would be
practical to try to hold them to a bid based on a scrivenor's error. They could just refuse to sign the contract or immediately ask
for a change order to the "real" amount or generally make this project very difficult, so I would recommend letting them
withdraw. Let me know if you have any other questions.
Thanks,
Heather
»> Desiree Cimino 7/16/2008 2:53 PM »>
Heather, .
Last Wednesday (July 9th) we opened Bid #08-051 Fairgrounds WWTP By-pass Holding Tank. I have attached the tab
sheet from for the bids that were submitted. I have just received a letter from the low bidder who is asking to withdraw his bid
without prejudice. I have attached his letter and I would like for you to guide me in this matter because it has been a long time
since we have had the low bidder rescind his bid. Do we accept his letter and withdraw the bid and notify the department? Is
there problem with letting them withdraw? There has been no award or an intent to award given from the department as of
this time. Thank you for any guidance you can give me in this matter, Desiree
Desiree Cimino, Senior Buyer
Purchasing Department
Phone: 772-462-3581
Fax: 772-462-1704
("'1_ "" ,'"'_ _________4_ ___.1 ("1_,-,-:.___1 A .l.__:._:_4.._4__TTCf\O""'IT ~~~1 C'~++:_~~\'T~_._\Vnn.~"T:~~\110Q"7(\r'r'T:'C'T
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MASTELLER & MOLER, INC.
... CIVIL ENGINEERS ...
'""
July 17, 2008
Ms. Desiree Cimino
St. Lucie County Purchasing Department
2300 Virginia Avenue
Ft. Pierce, Florida 34982
RE: St. Lucie County Fairgrounds, WWTP By-Pass Holding Tank
Jones Mechanical Corp. July 16, 2008 Letter of Bid Release
St. Lucie County, Florida
Our File #0803
Dear Desiree:
We are in receipt of Jones Mechanical Corporation's (JMC) letter to you dated July 16, 2008 requesting
to be released from their bid for the St. Lucie County Fairgrounds WWfP By-Pass Holding Tank project.
As you know, they were the apparent low bidder on the project. Our recommendation is to release
JMC from their July 9,2008 bid based on the Legal Department's recommendation.
If you have any questions or concerns, please do not hesitate to contact me.
Sincerely yours,
MASTELLER &. MOLER, INC.
r'1. "
~"..",,(f¡jj{lÌ!.t-fi!.~--
Earl H. Masteller, PE, DEE
President
I' ...
EHM/cab
cc: Mark DiMascio, Park & Recreation
Laurie Case, Utilities Director
Ray Murankus, Utilities
Herschel Jones, lMC
File#0803LA
(slcu_ease_bid release_07170B.doc)
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From:
To:
Date:
Subject:
Attachments:
Mark DiMascio
Cimino, Desiree
7/18/2008 12:15 PM
Bid Award for FG By Pass Tank
award_recommendation. pdf
cc:
Desiree,
Brisson, Debra; Messier, Elaine; Murankus, Raymond
Below is the information that you need for the Bid Award Agenda:
We are recommending that the award of the contract for the SLC FG wwrp By-Pass Holding Tank to the lowest responsive
responsible bidder, Close Construction, Inc.
in the amount of:·$ 658.027.70.
Address of Vendor:
1) Close Construction, Inc.
301 NW 4th Avenue
Okeechobee, FL 34972
2)5coDe of Services is as follows:
To construct a néw 150,000 gallon above ground by-pass holding tank at the St. Lude County Fairgrounds Wastewater Treatment
Fadlity.
31 Account Strinas are as follows:
001-7420-56300P-7655 (Transferred $ from FEMA Lease)
001-7420-562000-7655 (Fair Assoc. Donations)
001419-2510-562000-7655 (EOC Match for Grant)
316-7420-563000-7655 (IFF Funds - Fairgrounds - Infrastructure).
I have also attached a Recommendation Letter from Project Engineers, Mastellar and Moler for your review and/or reference if
necessary. Please let me know ¡fyou need any additional information.
Mark DiMascio
Project Manager
St. Lucie County
Parks & Recreation
(772) 462-2551
4
..
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~
MASTELLER" MOLER, INC.
... CIVIL ENGINEERS ...
July 17. 2008
Debra Brisson
Director
St. Lucie County Parks and Recreation Dept.
2300 Virginia Avenue
Fort Pierce, Florida 34982
RE: St. Lucie County Fairgrounds Wastewater Treatment Plant By-Pass HOlding Tank
Construction Contract Recommendation of Award
St. Lucie County, Florida
Our File # 0803
Bid No. 08-051
Dear Debbie:
Bids were received for the referenced project and opened on July 9, 2008 at 2:00 p.m. Seven (7)
qualified General Contractors submitted bids. The low bidder is Jones Mechanical Corporation of
Rockledge, Florida. however they asked to withdraw their bid on July 16, 2008, do to a mathematical
error in their pricing. The remaining bids varied from a low of Six Hundred Fifty Eight Thousand Twenty
Seven Dollars and Seventy Cents ($658,027~ to Seven Hundred Seventy One Thousand One
Hundred Dol/ars and Zero Cents {$771,1 OoW). Our Engineer's Estimate for the project was Seven
Hundred Fifty Thousand Dol/ars and Zero Cents ($750,OOoºº). A copy of the bid tabulation sheet is
included in this letter. The lowest bidder is Close Construction. Inc. of Okeechobee, Florida.
I have reviewed each of the six (6) bids listed as follows:
Name & Location
1. Close Construction, Inc.
(Okeechobee, FL)
2. Censtate Contractors, Inc.
(Winter Haven, FL)
3. Derrico Construction Corp.
Bid Amount
$658,027.70
$720,610.00
$736,890.00
(Melbourne, FL)
4. West Construction, Inc.
$767,800.00
(Lake Worth, FL)
5. TLC Diversified, Inc.
$768,856.00
(Palmetto, FL)
6. Interstate Engineering Corp.
(Coral Springs, FL)
$771,100.00
. ,
5
Debbie Brisson
7/1812008
Page 2 of2
I have performed a thorough background check of the low bidder, Close Construction, Inc. to determine
their level of experience and work history. Close Construction has experience with jobs of similar size
and scope, having constructed water treatment plant improvements, various pump stations, and an
algal turf scrubber. It should be noted that Close Construction indicated that they are currently involved
in two (2) projects for St. Lucie County Engineering Department involving storm water pumping
stations.
Our office conducted telephone interviews of the references provided and found, in general, that Close
Construction is competent and qualified to construct projects of this similar scope.
As result of our background check and phone conversations, we are satisfied that Close Construction is
qualified and is capable of successfully undertaking this project.
Based on my evaluation and our conversations with representatives of Close Construction, Inc., and
contingent upon approval of their bid package by the County Attorney, I am hereby recommending
award C?f the contract for St. Lucie County Bid # 08-051 to Close Construction, Inc. of Okeechobee,
Florida. Please do not hesitate to contact me if you have any questions or comments.
Sincerely,
MASTELLER & MOLER, INC.
c~
Earl H. Masteller, P .E.
President
Shish
co: Mlrk DIMIsclo
laurie Cue
Ray Murankls
File 10803
(slc_Brisson_award recommendation_071708.doc)
."
6
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,
AGENDA REQUEST
ITEM NO. VI-E
DATE: August 5, 2008
REGULAR []
PUBLIC HEARING []
CONSENT [Xl
TO: Board of County Commissioners
SUBMITTED BY (DEPT): Grants/ Disaster Recovery PRESENTED BY: Ken Justice, Grant Resource
Developer
SUBJECT: Permission to accept grant project agreement, and approval of Budget Resolution 08-
243, from the Florida Department of Environmental Protection - Florida Recreation
Development Assistance Program (FRDAP) for improvements at Martin Luther King
Jr. - Dreamland Park in the amount of$135,610.84. Park improvements include a
soccer field, baseball field, interactive water feature, basketball court, playground,
and pavilion area renovations.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: The program requires a 1:1 match. The County's match of $135,610.84 is in the
2008-2009 Parks and Recreation budget (#310002-7210-563000-7697) for Martin
Luther King, Jr. - Dreamland Park.
PREVIOUS ACTION: On August 28,2007, the board approved submitting the application to the Florida
Department of Environmental Protection - Florida Recreation Development
Assistance Program.
RECOMMENDATION: Acceptance of the grant project agreement, approval of the project agreement
(including BOCC Chairman signature), and Budget Resolution 08-243, with the
Florida Department of Environmental Protection - Florida Recreation Development
Assistance Program in the amount of$135,610.84.
COMMISSION ACTION: E:
~APPROVED
[] OTHER:
[] DENIED
Approved 5-0
Dou las M. Anderson
County Administrator
Management & Budgét: Z~
Marie Gouin
Robert O'Sullivan ,,~
Other: k
Debra Brisson
Purchasing:
Review and A ro
County Attorney:
Daniel Mcintyre
Originating Dept: /ÆIJ
William Hoeffner ~
Ken Justice
Other:
Finance:
(Check for Copy only, if applicable)
Effective: 5/96
....
ST. LUCIE COUNTY
GRANTS / DISASTER RECOVERY
DEPARTMENT
MEMORANDUM
To:
Board of County Commissioners
From:
Ken Justice, Grant Resource Developer
Date:
August 5, 2008 - Consent Agenda Item VI-E
Subject:
Florida Department of Environmental Protection - Florida Recreation
Development Assistance Program (FRDAP) Grant Application
On August 28, 2007, the BOCC approved the submittal of a grant application to the Florida
Recreation Development Assistance Program (FRDAP). The grant was awarded in the amount
of $135,610.84. The proposed project will provide funds for a new soccer field, a new
interactive water playground, and renovations to the existing baseball field, basketball court, 6-
picnic tables, 4-benches, 1-pavillion, and playground area at Martin Luther King, Jr. Dreamland
Park. The grant requires a 1: 1 match, in which the county's match is identified in the Parks and
Recreation Department budget (account #310002-7210-563000-7697). Art in Public Places
(AIPP) will also provide funds for a piece of public art to be located at the park. The proposed
recommendations are aligned with the Recreation Area Master Plan, which identifies the need
for additional soccer fields and facilities.
Staff Recommendation:
Staff recommends the Board authorize the acceptance of the project agreement, approval of
Budget Resolution 08-243, and signing of contract by BOCC Chairman with Florida Department
of Environmental Protection - Florida Recreation Development Assistance Program (FRDAP)
for funds in the amount of$135,610.84.
RESOLUTION NO. 08- 243
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 $135,611 grant from the Florida Department of Environmental Protection for
improvements at Martin Luther King Jr. - Dreamland Park.
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 5th day of August, 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
310205-7210-334715-7697
Dept of Environmental Prot
$135,611
APPROPRIATIONS
310205-7210-563000-7697
I nfrastructu re
$135,611
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 5th DAY OF AUGUST, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
~'
AGENDA REQUEST
ITEM NO.VI-Fl
t- :1.
DATE:August5,2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
SUBJECT:
GT Greens, LLC - Final Release of Surety in the amount of $106,219.00 and approval of the Maintenance
Agreement and acceptance of the maintenance bond in the amount of $32,453.00.
BACKGROUND:
See attached memorandum.
FUNDS AVAilABLE: n/a
PREVIOUS ACTION:
April 20, 2007 - BOCC approved the Road Improvement Agreement with GT Greens, LLC.
April 15, 2008 - BOCC approved a partial release of surety.
RECOMMENDATION:
Staff recommends Board approve the final release of surety for GT Greens, LLC, together with the approval of
the Maintenance Agreement and authorize the Chairman to sign.
COMMISSION ACTION:
[ ] APPROVED [ ] DENIED
rx OTHER. Pulled prior to
meeting.
Dou as nderson
County Administrator
[x] County A~orney r
bCÅ.........._ jVI(. lv( '·h.,) v-~·(_
natures
[]Other
[x]Env. Resources~
~. A -(. r"1 11 0·· -(-. i
[x]Orig. Dept. Public Works
S. Market Ave. final.releas
:_~_i /' .-" ",
Page 1 of 2
'V
DIVISION OF ENGINEERING
MEMORANDUM
TO: Board of County Commissioners
FROM: Mike Powley, County Engineer ¡t'¡ './ 'P r-1~'
DATE: August 5,2008
SUBJECT: GT Greens, LLC - Final Release of Surety and approval of Maintenance Agreement
South Market Avenue Extension
The Greens at Gator Trace was approved by the City of Fort Pierce during a time when our development reviews
were not coordinated with each other. The approved plan required the extension of St. James Drive, a County-
owned, dead-end street on the east side of US-1 opposite the County's Logistics Center (the old Sam's Club
building). The residents on this roadway were not informed of this detail and were caught completely unawares.
They opposed it vehemently when they learned of the developer's intent. After several meetings, a compromise
was identified that all could support. Rather than extend St. James Drive, South Market Avenue, immediately to the
north, would be extended. This roadway serves only commercial businesses; there are no residences.
The developer has completed the required road improvements for South Market Avenue Extension and requests
the final release of surety in the amount of $106,219.00.
The County Engineer has completed the final review and inspection of constructed improvements for South Market
Avenue Extension. The County Attorney has reviewed and approved the language within the Maintenance
Agreement. Staff request that the Board approve the conditional acceptance of the road improvements and the
final release of surety pursuant to Chapter 11.04.01 of the St. Lucie County Land Development and accept the
Maintenance Agreement (Exhibit "A") and surety in the amount of $32,453.00 for a period of one year and thirty (30)
days.
Page ¿ of 2
·N'
t
EXHIBIT "A"
MAINTENANCE AGREEMENT
THIS AGREEMENT made and entered into this day of , by
and between (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a
political subdivision of the State of Florida (the "County").
WITNESSETH:
WHEREAS, the Developer intends to construct (the
"Improvements") and convey ownership and maintenance responsibility to the County; and
WHEREAS, as a condition for the acceptance of the Improvements by the County, the
Developer has agreed to post security in a form acceptable to the County Attorney in the amount of
fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year
and thirty (30) days from the date of conditional acceptance of the Improvements by the County.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. SECURITY. The Developer agrees to provide the County with security in a form
acceptable to the County Attorney, in the amount of dollars ($ ), representing
fifteen percent (15'Yo) of the cost of the Improvements as submitted by the Developer's engineer and
approved by the County Engineer and as are more particularly set forth on those certain plans for
construction improvements drawn by the Developer's engineers, dated
. This amount shall be retained for a period of one (1) year and thirty (30) days from the
date of conditional acceptance as described below to provide for maintenance of the Improvements to
be dedicated to the public and to indemnify and save the County harmless from any and all costs
necessary to repair or replace any part or portion of the Improvements occasioned by faulty
engineering, workmanship, or materials.
2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under
the supervision of the Developer's engineer in full compliance with the specifications and requirements
of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a
certificate of satisfactory completion for approval.
3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the
Improvements, the Developer's engineer shall certify that the Improvements have been constructed in
accordance with applicable County requirements. When the Improvements have been certified by the
Developer's engineer, the County Engineer shall inspect the improvements and review the construction
and supporting test/control data furnished by the Developer's engineer. If all required improvements
are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in
writing to the St. Lucie county Board of County Commissioners and recommend that the Improvements
be conditionally accepted.
C: \DOCUME-l \ADMINI-l \LOCALS-l \ TEMP\XPGRPWISE\MAINTENANCE AGREEMENTWPD
Page 1
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4
4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally
accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a
joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all
deficiencies in accordance with requirements established by the County Engineer, except those damages
that are not a result of design or construction deficiencies. If the required corrective action cannot be
completed by the one year and 30 day expiration date, the County Engineer will establish a completion
date and so notice the Developer that the required security will not be released until all corrective
actions have been completed and approved by the County. When all corrections have been made, the
County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release
of remaining development security, and final acceptance of the Improvements.
5. FORFEITURE OF SECURITY. If the Developer fails to satisfactorily correct all
deficiencies as directed by the County Engineer, the County shall, upon notice to the Developer, use the
security to correct the deficiencies. If the cost, including the cost of staff time, to correct the
deficiencies is less than the amount of the security, the County shall refund the balance of the security
to the Developer. If the cost to correct the deficiencies is greater than the amount of the security,
the Developer shall pay the overage amount to the County within thirty days from receipt of an invoice
from the County. After the thirty-day period, interest shall accrue at the maximum rate allowed by
law.
6. NOTICE. All notices, requests, consents, and other communications required or
permitted under this Agreement shall be in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or
certified mail (postage prepaid) return receipt requested, addressed to:
As to County:
With a Copy to:
St. Lucie County Administrator
Administration Annex
2300 Virginia Avenue
Fort Pierce, Pierce, FL 34982
St. Lucie County Attorney
Administration Annex
2300 Virginia Avenue
Fort Pierce, Pierce, FL 34982
As to The Developer:
xx
XX
XX
Phone:
Facsimile:
or to such other address as any party may designate by notice complying with the terms of this Section.
Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the
date upon which the return receipt is signed or delivery is refused or the notice is designated by the
postal authorities as not deliverable, as the case may be, if mailed.
c: \DOCUME~l \ADMINI~l \LOCALS~l \ TEMP\XPGRPWISE\MAINTENANCE AGREEMENTWPD
Page 2
.Ai"
.
7. MEDIATION
Prior to initiating any litigation concerning this Contract, the parties agree to submit the
disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator
chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The
fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation
process shall be confidential and the results of the mediation or any testimony or argument introduced
at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the
disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce
its rights in a Florida court of appropriate venue and jurisdiction.
8. INTERPRETATION: VENUE. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior verbal or written
agreements between the parties with respect thereto. This Agreement may only be amended by written
document, properly authorized, executed and delivered by both parties hereto. This Agreement shall
be interpreted as a whole unit and section headings are for convenience only. All interpretations shall
be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate
legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie
County, Florida, for claims under state law and the Southern District of Florida for any claims which are
justiciable in federal court.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the day and year first written.
WITNESSES:
xx
BY:
PRINT:
TITLE:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUcrE COUNTY, FLORIDA
BY:
Deputy Clerk
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
C: \DOCUME~l \ADMINI~l \LOCALS~l \ TEMP\XPGRPWISE\MAINTENANCE AGREEMENTWPD
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\
.
Environmental Resources
Department
Agenda Item Companion Report
TO:
Board of County Commissioners
FROM:
Amy Mott
Environmental Resources Department
DATE:
July 16, 2008
RE:
Final Release of surety for GT Greens, LLC
DEPARTMENT COORDINATION
ERD reviewed the road improvements project and provided comments to Mike Powley,
SLC Engineer, on October 11, 2006 and January 16, 2007
ERDINPUT
All of ERD's concerns and conditions of approval have been satisfied. ERD has no further
input for this project.
ERD RECOMMENDATION
ERD has no objection to the proposed Final Release of surety for GT Greens, LLC.
Page 1 of 1
/'I
, ,
AGENDA REQUEST
ITEM NO. VI-F2
DATE: August 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115
SUBJECT:
Kings Highway at Indrio Road Intersection Improvements design
BACKGROUND:
See attached Division of Engineering Memorandum with Work Authorization NO.2 to Contract C07-07-385, pages 1
through 3 and letter dated May 19, 2008 from Kimley-Horn and Associates, Inc., pages 1 through 17, attached.
FUNDS AVAIL.: Funds will be made available in:
101006-'4116-563003-44001 Transportation Trust - Impact Fees/Survey - $139,350.00
101006-4116-563005-44001 Transportation Trust -Impact Fees/Engineering $164,250.00
318-4113-563005-44001 County Capital- Transportation Bond - Local Option Gas Tax/Engineering $312,365.00
318-4113-563021-44001 County Capital- Transportation Bond - Local Option Gas Tax/ Reimbursables $62,875.00
PREVIOUS ACTION:
October 26, 2004, the Board approved Work Authorization NO.2 (C03-09-644) with Kimley-Horn and Associates, Inc., in
the amount of $90,000 for the design of intersection improvements to Kings Highway at Indrio Road. The scope of
services requested included survey, limited geotechnical investigation, intersection design, stormwater retention design,
signal design, and permitting.
July 11, 2006, the Board approved the First Amendment to Work Authorization NO.2 (C03-09-644) with Kimley-Horn and
Associates, Inc., in the amount of $5,900 for désign modifications and for a time extension through December 31, 2006,
for Kings Highway at Indrio Road Intersection Improvements project.
January 22, 2008, the Board approved the Second Amendment to Work Authorization NO.2 (C03-09-644) with Kimley-
Horn and Associates, Inc., for the Kings Highway at Indrio Road Intersection Improvements project extending the work
authorization to December 31,2008.
RECOMMENDATION:
Staff recommends Board approve Work Authorization NO.2 (C07-07-385) with Kimley-Horn and Associates, Inc., in the
amount of $678,840.00, to provide additional services for the design and permitting of the Kings Highway at Indrio Road
Intersection Improvements project, and signature by the Chairman.
COMMISSION ACTION:
[)( APPROVED
[#fOTHER: Approved 5-0
[ ] DENIED
[x]County Attorney~ 17£
Daniel Mcintyre ð:
[x]Originating Dept Public Works .'1" ..
Donald West
Kings Hwy. Indrio Rd. Int Imp. k- wa2. g.doc
Coordination/Signatures
[x]Mat ~ Budget
.)c..t\W\\ ~V'" I
[x]Co. Eng. V
Michael Powley
Dou as nderson
County Administrator
~~sw.w"VOther
[]ERD
Amy Mott
Page 1 of 2
~
DIVISION OF ENGINEERING
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Mike Powley, County Engineer
I~~'
DATE:
August 5, 2008
SUBJECT:
Kings Highway/lndrio Road Intersection Improvements
BACKGROUND
Staff requests approval to obtain additional services from Kimley-Horn and Associates, Inc. for the design of the
Kings Highway at Indrio Road Intersection in the amount of $678,840. The attached work authorization to a 2007
Contract with Kimley-Horn (Work Authorization NO.2 to Contract C07-07-385, Pages 1 through 3 with a 17-page
letter from Brian Good, P.E. of Kimley-Horn date May 19, 2008) includes the additional design survey, enhanced
geotechnical investigation, roadway design, enhanced stormwater, signal design, right-of-way services, and
permitting essential for the project. The Florida Department of Transportation (FDOT) has committed to using the
parcel sketches and legal description provided by our consultant in the acquisition of the necessary right-of-way
for the construction of the project. Kings Highway will be designed to be a four-lane divided highway expandable
to six-lane south of Indrio Road. Indrio Road will be designed to improve the traffic flow around the Lakewood
Park Elementary School. Furthermore, Indrio Road immediately west and east of intersection will be improved as
necessary to accommodate the expansion of Kings Highway.
On October 26, 2004, the Board approved a work authorization to a 2003 contract with Kimley-Horn and
Associates, Inc., (Work Authorization NO.2 to Contract C03-09-644) in the amount of $90,000 for the design and
permitting of the Kings Highway at Indrio Road Intersection Improvements. The scope of services requested
included survey, limited geotechnical investigation, intersection design, limited stormwater retention design, signal
design, and permitting. Extensive right-of-way acquisition services, which are now necessary, were not a part of
this work authorization. At that time, it was our intention to build the four-lane typical section from the 1994 Kings
Highway PD&E Study within the existing right-of-way footprint. Our intersection improvement plans anticipated
using the right-of-way and stormwater ponds acquired for the Indrio Road widening east of Emerson Avenue
project. Additionally, a linear swale drainage system designated in the PD&E Study was to be constructed for
portions of Kings Highway. This work authorization was amended on July 11, 2006 in the amount of $5,900 to
include design modifications to reduce the right-of-way acquisition from the Indrio Crossing Shopping Center
located on the northeast corner.
During the past year in our many meetings with our colleagues at FDOT, it became clear that the 1994 Kings
Highway PD&E would have to be redone. Initially FDOT attempted to update the PD&E with a Preferred
Alternative Re-evaluation (PAR), but after much work the Federal Highway Administration failed to support this
effort. A brand new PD&E is now underway. Until the new PD&E is complete, the only document we can use is
the 1994 product. However, it is clear to all that a six-lane section is required. Specifically a four-lane section per
the 1994 document that is upgradeable to a six-lane section and yet minimizes "throw-away" construction is
needed. Consequentially, we are asking for an increase to the scope of services requested of Kimley-Horn in
order to mesh with the proposed six-lane Kings Highway south of Indrio Road design. Additionally, as the once-
proposed Indrio Road stormwater ponds are now not going to be built by FDOT, we need to find our own
stormwater accommodations. The attached Work Authorization NO.2 with Kimley-Horn and Associates, Inc., is
for additional services to expand the limits of the previous design of the intersection and to provide sketch and
legals to solicit FDOT assistance with land acquisitions, and diminish "throw-away" construction.
Attachments:
Work Authorization NO.2 to Contract C07-07-385, pages 1 through 3
Letter dated May 19, 2008 from Brian Good, P.E. of Kimley-Horn and Associates, Inc., pages 1 through 17
Page 2 of 2
....
CåUNTY '.
FLORID"
PROJ/PROG #44001
WORK AUTHORIZATION NO. 02
CONTRACT C07 -07 -385
FOR CONTINUING PROFESSIONAL ROADWAY DESIGN SERVICES
THIS WORK AUTHORIZATION is made as of the day of by and
between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as the "County" and KIMLEY-HORN AND ASSOCIATES. INC. hereinafter referred
to as the "Consultant".
WIT N E SSE T H:
WHEREAS, on Julv 24. 2007 the COUNTY entered into a Consulting Agreement
(Contract No. C07-07-385) hereinafter referred to as "Contract" with the CONSULTANT to
provide continuing professional Roadway and Intersection Design; and,
WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional
services as outlined in this individual work authorization; and,
NOW, THEREFORE, in consideration of their mutual promises made herein, and for
other good and valuable consideration, receipt of which is hereby acknowledged by each party,
the parties who are legally bound, hereby agree as follows:
1. PROJECT:
The COUNTY has determined that it would like to complete a project described below:
KINGS HWYIINDRIO RD INTERSECTION IMPROVEMENTS
(hereinafter referred to as "the Project".)
2. SERVICES:
The COUNTY has determined that it would like to utilize the services of the
CONSULTANT in the completion of the Project, to provide professional engineering services for
the Project under the pricing, terms and conditions of the continuing .contract (C07-07-385). The
services to be provided by CONSULTANT on the Project shall be for those as outlined in the
Page 1 of 3
Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto
as Exhibit "c" which are attached hereto and made a part of this work authorization and
incorporated herein.
3. CONSTRUCTION COSTS:
The construction costs of the Project for which the CONSULTANT will render the
Professional Services are estimated by the COUNTY not to exceed $1,000,000 or any other
costs or fees as otherwise described under the "Consultants Competitive Negotiation Act",
(CCNA).
4. COMPENSATION:
The cost to perform all services as described. in the attached Scope Of Services shall be
billed on an hourly basis, and shall not exceed a total amount of Six Hundred Seventy Eiaht
Thousand Eiaht Hundred Fortv ($678.840.00) Dollars as further detailed in Exhibit "B".
5. CONTRACT DOCUMENT:
Except as amended hereby, all of the original terms and conditions in the Continuing
Contract shall remain in full force and effect.
6. TIME OF COMPLETION:
a. It is hereby understood and mutually agreed by and between parties hereto that
the time of completion is an essential condition of this Contract, time being of the essence.
b. Consultant shall commence work per the written Notice to Proceed, and shall
complete all work on or before June 30, 2010, as further described in Exhibit "c"
c. If the work is not fully completed according to the terms of the Contract and
within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer
damages which are not capable of ascertainment or calculation, and therefore the
CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of One Hundred Dollars
($100.00) per day for each day following the required completion date, until the date upon which
actual completion occurs.
d. The period herein above specified for project completion may be extended by
such time as shall be approved by the County Administrator or his designee, or the Contract
may be cancelled by the County Administrator with the County invoking all rights and remedies
thereof.
e. Where any deductions from or forfeitures of payment in connection with the work
of this Contract are duly and properly imposed against the CONSULTANT, in accordance with
the terms of the Contract, State Laws, governing ordinances or regulations, the total amount
thereof may be withheld from any monies due or to become due the CONSULTANT under the
Contract; and when deducted, shall be deemed and taken as payment in such amount.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple
. copies, each of which shall be considered an original on the following dates.
Page 2 of 3
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
ATTEST:
ATTEST
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
BY:
D ASSOCIATES, INC.
Print Name:
Title: \j¡<.~ *e~;.J,~=1-
Page 3 of 3
~=~
Kimley-Horn
and Associates,lnc.
May 19,2008
II
Suìle.300
6Cl21stStreet
Vero Beach, FiOriIla
S296G1l861
Michael Powley, P.E.
County Engineer
S1. Lucie County Public Works
2300 Virginia Ave.
Ft. Pierce, FL 34982
HE: Kings Highway! Indrio Road Intersection Improvements
Work Authorization NO.2 to Contract 07-07-385
Dear Mr. Powley:
We are pleased to submit to you this Work Authorization associated with
the roadway improvements located at the Kings Highway and .IndrioRoad
intersection. The COUNTY desires to expand the Kings Highway!lndrio
Road intersection to consist of Kings HIghway being improved toa 4-tane
divided (expandable to 6-lane) urban highway and Indrio Road being
improved toa multi lane divided urban highway, with each corridor
transitioningto the existing 2~laneapproaches.
This Work Authorization includes professional consulting services
consisting of topographic design survey, right-ot-way mapping,
geotechnical investigation, roadway design, storm water design, signal
design, public involvement and agency permitting. The man-hours are
attached as per your request.
We appreciate this opportunity to work with S1. Lucie County and look
forward to moving design of this project closer to.completion. Should you
have any questions, please feel tree to contact me at 772-794-4083.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Brian A. Good, P.E.
Vice President
II
TEL m 562 7981
F.g:\m~7\Kings.lndirOS\Kìngs.lndrìo Scope.. 19May08 (MBrev).doc
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Kimley·Horn
and Associates, Inc,
EXHIBIT A
PROJECT DESCRIPTION AND SCOPE
§¡ECTION I - PROJECT LIMITS AND DESCRIPTION
Professional consultant services are required for the preparation of design survey, right-
cf-way maps, parcel sketches and legal descriptions,subsurfacegeotechnical
investigations, roadway construction plans (including signalization plans), permit
applications and public involvement initiatives associated with the improvements of the
Kings Highway/ IndrioRoad intersection.
The project will consist of expanding Kings Highway to a four lane divided urban section
immediately north and south of IndrioRoad, which will be designed and permitted to
n~quire minimal effort to expand to a six lane divided section should the vehicular
volumes warrant and the County desires to do so. At the intersection with Indrio Road,
the Kings Highway expansion will provide for dual left turn lanes and single right turn
auxUiarylanes in the northbound and southbound direction. The Kings Highway
expansion wiU be designed consistent with th.e currently approved FOOT preferred
Þ,~ings Highway PD&E alignment. Alignment modifications to the FOOT preferred
alignment will be proposed to minimize impacts to commercial development that has
occurred along the corridor since the deveJopment and approval of the preferred
alignment.
Indrio Road will be expanded to create receiving lanes to accommodate the proposed
dual northbound and southbound left turn auxiliary lanes on Kings Highway. The Indrio
Foadexpansion will be designed consistent with the FOOT pre.ferred lndrio Road
PD&E alignment. In addition to the Indrio Road expansion, the projectwUI also include
evaluating and implementing ingress improvements associated with the Lakewood Park
Elementary School.
The PROJECT LIMITS are projected to extend approximately 2,500 linear feet north,
2.500 Hnear feet south, 1,500 linear feet east and 2,500 linear feet we.st from the Kings
Highway/ Indrio Road intersection. The total length of improved roadway is
aoproximately 1.7 miles. Design updates, which may be added by amendment, will be
mquired when changes in field conditions occur or when other roadway resurfacing or
widening projects are constructed after the notice to proceed.
SECTION II - COUNTY OBLIGATIONS
T1e COUNTY agrees to provide (in a timely manner) the following material, data, or
sl~rvices as required in connection with the work to be performed under this Agreement;
Page 2 of 17
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Kimley-Hom
and Associates, Inc.
all of which information the ENGINEER may use and reasonably rely upon:
1\. Provide the ENGINEER with a copy of all previously conducted studies,
geotechnical investigations, traffic counts, preliminary data or reports available,
existing location surveys, topographic surveys, and related documents.
B. Provide the ENGINEER with aU available drawings, right-of-way maps, and other
documents in the posse.ssion of the COUNTY pertinenttothe project.
G. The COUNTY shall be responsible for providing aU abstracts of title and ownership
and encÙmbranœ reports for each parcel necessaryforright"of-way map, parcel
sketch and legal description development.
D. The COUNTY andlor the Florida Department of Transportation shall be responsible
for providing all right-of-way appraisal and acquisition services.
E The COUNTY shall make provisions for the ENGINEER toentar upon public and
private property as required for the ENGINEER to perform his services.
F. The COUNTY will promptly execute all permit applications and provide applìcation
and review fees necessary to expedite the acquisition of any local, state or federal
permits made necessary by the project.
G. The COUNTY will pay for all permit fees.
.§iECTION III -SCOPEOFSERVICES
The ENGINEER agrees to perform professional roadway design and related services in
connection with the project as required and set forth in the foflowing:
A. General:
1. The ENGINEER will endeavor not to duplicate any previous work done on the
project. After issuance of written authorization to proceed, the ENGINEER shall
consult with the COUNTY to clarify and define the COUNTY'S requirements for
the project and review available data.
2. The ENGINEER will attend conferences with the COUNTY and its
representatives upon reasonable request.
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and Associates, Inc.
3. In order to accomplish the work described under this Agreement in the time
frames and conditions set forth in this Agreement, the ENGINEER will observe
the following requirements:
a. The ENGINEER will complete his work on the project within the time allowed
by maintaining an adequate staff of registered engineers, draftsmen, and
other .employees on the work.
b. The ENGINEER will design the project in such a manner as to be in
reasonable conformance with applicable federal, state and local laws, and
shall comply with the Florida Department of' Transportation's Plans
Preparation Manual Design Criteria, latest edition.
c. The ENGINEER will prepare all necessary sketches and completed
application forms to accompany the COUNTY'S applications for required
federal, state, or local permits_
d. The ENGINEER will cooperate with the COUNTY in order that all phases of
the work may be properly scheduled and coordinated.
e. The ENGINEER will send a complete preliminary set of construction plans to
any city, oounty, state, regional or federal regulatory agency from which a
permit or other approval is required prior to final approval of the design by the
County Engineer, and will coordinate the project design with all applicable
agencies.
1. The ENGINEER will contact all known utility companies having installations in
the immediate vicinity of the proposed work and consider relocation of
utilities, if necessary. The ENGINEER will provide the COUNTY with
necessary information relative to required utility adjustments, relocations and
installations and will show all known existing utilities on the final design plans.
Design modifications to existing utility lines, if necessary, may be negotiated
bya separate agreement.
g. The ENGINEER shall report the status of this project to the Director of the
Public Works Department upon request and hold aU drawings. calculations
and related work open to the inspection of the Director or his authorized
agent at any time, upon reasonable request.
4. The ENGINEER wíll furnish copies of the drawings, specifications and contract
documents as required by the COUNT-Y for material suppliers, federal, state and
local agencies from whom approval of the project must be obtained. Upon
bidding of the construction contract, the ENGINEER will furnish to the COUNTY
11" x 17" originals of the drawings and copies of the specifications for the
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and Associates, Inc.
COUNTY to copy for prospective bidders. Additional copies beyond those
identified will be provided at cost. All original documents, survey notes,field
books, tracings, and the like including all items furnished to the ENGINEER by
the COUNTY pursuant to this Agreement, are and shall remain the property .of
the COUNTY.
5. The drawings prepared by the ENGINEER wiU be of sufficient detail to permit the
actual location of the proposed improvements. Negotiation for aU land rights
shall be accomplished by the COUNTY and/or the COUNTY'S agent, unless the
CITY requests the ENGINEER to perform these serviCes· in a subsequent
amendment to this AGREEMENT. In this event,the ENGINEER shall be
compensated for such additional services in accordance with Section VI of this
AGREEMENT.
6. The ENGINEER acknowledges that preparation of applicable permits for the
COUNTY'S submittal through governmental regulatory agencies and FS29aWater
Control Districts is included within the scope of basic compensation for this
Agreement. One FS 298 Water Control District (Ft. Pierce Farms .Water Control
District) has facilities and rights-of-way along the project. Any additional work
required by regulatory agencies pursuant to regulations established after the date
of this Agreement shall be an additional servìceand the COUNTY shall
compensate the ENGINEER in accordance with SECTION VI ~ Additional Work, of
this Agreement and in accordance with the fee schedule in this Agreement, as
approved by the COUNTY prior to commencement of any work performed.
7. If following execution of this Agreement the COUNTY proposes to construct the
improvements in a revised phased manner Which requires the preparation of plans
or the need to obtain or modify permits previously obtained, the ENGINEER will be
compensated for this effort in accordance with the approved fee schedule in a
subsequent amendment to this Agreement.
8. Compensation to the ENGINEER for basic servìces shall be in accordance with
Section V - Compensation, of this Agreement, as mutually agreed upon by the
ENGINEER and COUNTY.
B. SUPPlemental Desio" Survey:
The ENGINEER shall provide supplemental design survey services necessary to
s~pport and facilitate contemplated design and permitting activities associated with
this project. This task will consist of the preparation of digital base map topographic
surveys in accordance with the Professional Land Surveyors in Chapter 61G17-6,
Florida Administrative Code, pursuant intent of the Florida Minimum Technical
Standards set forth by the Florida Board of to Section 472.027, Florida Statutes.
The survey will include:
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1. Establishment of a project wide Horizontal Control Network within the PROJECT
LIMITS.
2. Establishment of a project wide Vertical Control Network within the PROJECT
LIMITS. All elevations will be referenced to NAVD 1988 datum.
3. Research and analysis of existing right of way information (to include Abstracts
OJ Title Searches as provided by COUNTY). Provide right-of-way maps, parcel
sketches and legal descriptions as directed by the COUNTY.
The limits of the supplemental topographic design survey are as follows:
Northern Leg - Supplemental data will be collected along Ft. Pierce Farms
Water Control District (FPFWCD) Canal NO.4 extending 25 teet beyond the
existing 91 toot canal right-ot-way along both sides, including the intersection
ot North Kings Highway and Miramar Avenue. Supplemental data is needed
along the eastern Kings Highway existing/ proposed right-of-way line The
length of the additional survey is approximately 1 ,300 Jinear feet north of
Indrio Road.
Southern Leg - Supplemental data will be collected along Ft. Pierce Farms
Water Control District (FPFWCD) Canal No. 4 extending 25 feet beyond the
existing 91 foot canal right-of-way along both sides. The length of the
supplemental canal survey is approximately 2.500 linear feet south of Indrio
Road. Supplemental topographic data is needed along the eastern Kings
Highway proposed right-at-way line extending approximately 2.300 linear feet
south of the existing commercial parcel located in the southeast intersection
quadrant. The average width of the supplemental survey data along the
eastern right-oJ-way is 150 feet.
Eastern Leg - Supplemental data is need to extend the roadway survey data
approximately 250 linear feet east of the current termination point. In
addition, supplemental data is needed extending 25 feet beyond the
existing/proposed right-of-way lines.
Western Leg - Supplemental data is needed along the north side of Indrio Road
between Ft. Pierce Boulevard and Indrio Road (approximately 1,200 linear
feet) with an average width of 150 feet.
A tree survey will be conducted in accordance with St. Lucie County environmental
code in order to apply for a Notice of Vegetation Removal exemption. We will
identify up to 100 species as defined within the Vegetation Protection and
Preservation (Chapter VI) and incorporate their size, species and location into the
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survey. This element will require an environmental scientist to identify the specific
trees that are listed in the County's code and may be impacted by the project
c. RiQht of Way Mappina:
WíII consist of a Cover Sheet, one Key Sheet, and Detail Sheets depicting existing
right of way lines, and proposed right of way Hnes. The Right of Way Survey will
also include a Tabulation Sheet depicting Parcel Take information using owner's
name and property tax ID number. All Hight-of-way projects shall adhere to Chapter
177 & 472, F.S. and Ghapter61G17, F.A.C. as minimum and be certified as such.
R!W Maps shaH be prepared/ submitted ¡nthe form acceptable to the Florida
Department of Transportation (FDOT) with all applicable certifications and criteria
met.
1 . Cover sheet/Key sheet.
2. Survey notes and report sheet (As applicable)
3. Survey Control sheet (As applicable and or necessary)
4. Supply a Box or area for county acceptance and/or certification (As
applicable)
5. Title Box of each sheet must contain:
a. County
b. State Road Number
c. Designed, drawn and checked by (use names or initials) & date
d. Scale
e. Field .Book References
1. Sheet Numbers to be in numerical order (1.2,3, 4,etc.) NOT
(1, 1A, 18, 2, etc.)
6. Any notes necessary to set out the type and/or purpose of the map
shall be shown. .
7. Show pertinent dimensions and bearings in the following fashion as
the case may be:
a. Plat - (P)
b. Computed - (C)
c. Field - (F)
d. Deed (D)
8. Table of Ownerships shall show:
a. Parcel Number
b. Owners Name
c. Recording Data
9. Show stations and offsets to aU Right of Way Breaks.
10. Show monumented baselines and all references thereto.
11. Verify that computed distances and bearings are supported by field
measurements.
Page 7 of 17
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Kimley-Horn
and Associates. Inc.
12. Ensure that significant elements of all curves are shown and are
correct. Also show curve data on aU sheets where they appear.
13. Begin and EndRIW Project with Stations.
14. Stationing infield minimum 500' beyond beginning and ending of
project.
15. Baseline (equate to intersecting State or County Jobs by Stéltion and
job number when available) as available.
16. Projeots shall be in NAD83/90 State plane coordinate system and
bearings reference shall ba shown and must be clearly stated. Values
shall be place on key baseline monumentation.
17. County/State lines
18. Section
19. Township
20. Range
21 . Government Lots, Grants, etc.
22. Sections and V4 Sections (lines & comers). Certified Corner reports of
all Section/1/4 corners used in the course of survey shall be completed
and/or updated.
23. City Limits by Name & Symbol.; Name of City, if job entirely within city
limits but does not cross-city limits.
24. Land and Subdivision Ties (angles and/or, bearings & distances)
25. Subdivision nama and limits
26. Plat Book and page (County)
27. Lots and Blocks (key map - blocks only)
28. Lot and Street dimensions (plat or document of record).
29. Show names of subdivision streets, plat book and page recording-
also, show Lot and Block number and Dimensions, Exceptions,
Easements, and Vacated portions.
30. When property lines break the Right of Way on curve, show tangent
bearings or chord bearings.
31. Show field located P. R. M. Imajorproperty corner or parcel ties by
station/offset tobaseline/control line.
32. Current Street Names
33. Any buildings within 25 feet of proposed R/W line shall be
dimensioned toRIW Une. Locations of buildings and large structures
can be obtained from field and/or photographic / planimetric methods,
nota shall be placed on plan as to origin.
34. Show and identify all easements on Detail Maps by width, use and
ownership .(where applicable).
Detail Sheets will depict existing topographic features and right of way control
obtained. Key Sheets will be at a scale of 1 "= 300' and Detail Sheets will be at a
scale of 1" = 40'. The surveys will be delivered on mylar.
Page 8 of 17
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.......n Kimley-Horn
...... .U and Associates, Inc.
11 is understood that the COUNTY and/or FOOT will provide Title Reports, in a timely
manner, and other available survey control information in the possession of the
County. Legal Descriptions and Sketches will be prepared for approximately 30
parcels based upon an hourly not to exceed basis.
D. Subsurface Utility Investigation:
From the utility designation file, we will be able to determine potential conflict sites.
Once the ENGINEER has reviewed the potential utility conflicts, the ENGINEER will
perform test holes (Quality Level "A" utility locates) and survey the locations' from
existing survey control. The ENGINEER will update the 20 deSignation CAD file
with each test hole and also provide the test hole summary report depicting
horizontal coordinates, vertical elevation, directron, type and approximate size of
each utility found.
Items that may increase the scope of services for subsurface utility investigation
consist of investigation of confined spaces, advanced maintenance of traffic
schemes, and alternative exploratory methods not described herein.
E. Geotechnicallnvestioation:
Our geotechnical study will be conducted to characterize the subsoil and
groundwater conditions along the roadway alignment. Our geotechnical work for
this project will consist of the following components:
Roadway Soil Survey
1. Exploration of the shallow subsurface conditions along the roadway
alignment with soil borings using a truck-mounted drilling rigor hand-turned
augering equipment. As requested, we will perform 10-foot deeP auger
borings at about 1 DO-foot centers along the roadway. The auger borings will
be drilled to a 20-foot depth at every 50o-foot interval. Within the·section of
the alignment where the culvert will be constructed,30..footdeep Standard
Penetration Test (SPT) borings will be drilled at 500..;foot interval. These SPT
borings will replace the auger borings at their locations.
2. Groundwater levels' will be measured in each of the boreholes upon their
completion, and again after an approximate 24-hour period to anow the water
table time to stabilize, when possible. Additionally, we plan to install 10-foot
deep temporary piezometers at approximately 1 ,ODD-foot centers to measure
the water table levels over a period of time to help establish the range of
groundwater fluctuations.
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Kimley-Horn
and Associates. Inc.
3. Four, 40-foot deep SPT borings will be drilled for proposed mast arm
foundations at the intersection (one 'at each corner) and wi1l be grouted upon
completion.
4_ Obtain two (2) asphalt pavement cores in the existing road on each le.g
(north, south, east and west) of the improvements, for a total of 8 cores. One
core will be obtained near the middle the alignment section and one will be
obtained near the far end (furthest from the intersection) on each leg. Lane
closure with flagmen will be required to obtain these cores.
5. Two (2) soils samples will be collected for corrosion series testing from the
bottom of the canal. One will be obtained from the north side of the
intersection and one from the south side.
6. Six (6) samples for Umerock Bearing Ratio (LBB) testing (one sample from
each leg) will be obtained.
Pond Areas
1_ Explore the subsurface conditions at three potential pond sites with six (6),
25-foot deep SPT borings (two SPT borings per location). The pond SPT
borings which are not utilized for piezometer construction will be grout sealed
after their completion. The SPT borings that will be drilled for the proposed
pond location on the west side of the intersection will be drilled within the
roadway right· of way.
2. Conduct six (6) field permeability tests to assess the hydraulic conductivity of
the subsoils within proposed pond areas. The tests will be conducted in 15-
foot deep boreholes utilizing the SFWMD open hole, constant head test
method.
3. Install three (3), 25-foot deep temporary piezometers, one in each of the
three potential pond sites. Obtain groundwater readings in the piezometers
once per week for 4 weeks.
Existing Ditch/Canal Areas
1. Conduct visual examination of canal slopes and perform muck probes in the
bottom of existing canal to identify the presence and thickness of unsuitable
(muck) soils.
Page 10 of 17
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Kìmley-Horn
and Associates, Inc.
Laboratory Testing
1. laboratory examination (classification) of the material samples and physical
property tests of same to establish their plasticity, gradation, organic content,
moisture content, lBH and corrosivity.
Reporting
1. Preparation and submittal of a Roadway Soil Survey Report as detailed in
Chapter 9 of FOOT's Soils and Foundation Handbook (2006). The report wHl
address plastic andlor organic soils (limits and volume), if present, projected
water table levels,and designlconstructionoptions to deal with plastiolorganic
soils and perched water (e.g., medians). The report wiflinclude cross-
sectional profiles of . the subsurface conditions with AASHTOsoil
classifications.
Execution of the field drilling activities wiU require Maintenance of Traffic (MOT) for
right-of-way work and potential lane closure of Kings HighWay and lndrio Road. We
have assumed that the borings needed for the new alignment and pond sites wíllbe
readily accessible for a conventional truck-mounted drilling rig. Our geotechnical
budget does not include costs for rental of earth moving equipment to access
heavily vegetated or un-leveJ terrain areas. Therefore, we will place the borings as
close as possible to the proposed roadway and pond locations with the use of our
truck-mounted drilling equipment. We also assume that privateprope.rty owners
where the proposed Widening will be taking place will be contacted by the COUNTY
regarding our field activities.
Page 11 of 17
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Kimley-Hom
and Associates, Inc.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
F. Roadwav Plans:
Roadway set of plans shall consist of the following:
30% 60% 90% 100%
Cov,er Sheet X X X X
Typical Sections X X X X
Summary of Quantities & General Notes I X X
Summary of Drainage Structures Sheets X X X
Details X X
Plan and Profile Sheets (40 scale) X X X X
Drai1age Structure Sheets X X X
Crm:;$ Sections at 100 ft intervals X X X
Traf,:ic· Control Plans X X
Signage& Pavement Marking Plans (40 scale X
(pavement X X X
double plan) markinQs)
Signalization Plans X X X
Intersection Plan & Details X X X X
Drainage Ma,ps X X X
Storrnwater Pollution Prevention Plans SWPPP X X
CorrputationBook X X
Construction Cost Estirnateand Quantities X X X X
The plans will be prepared based upon English units. Design will be conducted in
MicroStation and Geopak and required deliverables shall be converted to AutoCAD
format.
The following items are not included:
· Utility Relocation Plans
. Aerial Photography/Raster Image.
· Landscape Plans
· Roadway Lighting Plans
Page 12 of 17
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Kimley-Horn
and Associates, Inc.
The following additional data shall be utilized for development of the plans:
1. The ENGINEER will submit typical sections for final review and approval prior to
preparation of roadway plans.
2. The roadway plan and profile sheets will be drawn at a scaJeof 1" = 40'.
3. The ENGINEER shall submit roadway pavement designs. Relevant traffic count
data will be made available to the ENGINEER by the COUNTY. The
Geotechnical Engineer will provide recommended LBR and soil survey data to
th.e ENGINÈER.
4. Permit application submittals will be made subsequent to the 900/0 plan set
submittal approvaJ by the COUNTY.
5. It is understood that the Aorida Department of Transportation (FOOT) wiIJ be
conducting and responsible for the PD&E fe-evaluations to ensure that the
proposed improvements will femainconsistent with the approvêd alignments.
The ENGINEER will provide FOOT a summary report that itemizes any changes
to the previously approved roadway alignments. The ENGINEER will coordinate
with FOOT as it relates to providing information needed to conduct the re-
evaluations.
G. Drainaae Plans:
1. Perform drainage investigations and analysis necessary to prepare a design
which will drain the project in accordance with the COUNTY, South Florida Water
Management District (SFWMO), Ft. Pierce Farms W.ater Control District
(FPFWCD), Army Corps of Engineers (ACOE}andlor Rorida Departmentaf
Transportation (FOOT) design criteria.
2. The COUNTY desires to prepare a Pond Siting Report to address the Kings
Highway and lndrio Road roadway improvement stormwater needs. The
analysis will address the hydrologic and hydrauUc characteristics associated with
each alternative pond site evaluated.
A preliminary stormwater management system will be developed to include type
of collection system, outfalls and best practice storm water managêrnentfacility
selection. The potential effect on downstream properties and other storm water
management requirements will be addressed. An opinion of probable
construction cost will be developed for each alternative pond site evaluated.
Costs evaluated will include right-of-way, construction, utilities, maintenance,
cultural resources, environmental, floodplain and aesthetics.
Page 13 of 17
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.........n Kimley-Horn
.......U and Associates, Inc.
3. The ENGINEER shall prepare stormwater permit applications for the SFWMD,
FPFWCD, ACOE and US Environmental Protection Agency (EPA) requirements
for submittal by the COUNTY. This will consist of all required evaluation, design,
coordination, and follow-up work necessary to support permit applications. The
COUNTY will review the permit applications as necessary. The ENGINEER shall
assemble and be responsible for the final submittal.
4. The ENGINEER shall prepare permit sketches for submission by the COUNTY
to ACOE and SFWMD for dredge and fill activities, if necessary. The
ENGINEER shall submit all permit sketches on 8" x 11" sheets. Sketches shall
be neatly scaled, signed and sealed, and reproducible.
5. Environmenta~ evaluations and/or biological summary reports necessary to
discemimpacts to other surface waters, wetlands andlor endangered species
associated with contemplated alignments, if necessary, may be negotiated bya
separate agreement with the applicable COUNTY,orthe applicable COUNTY
Department may design modifications with Department Staff or other
consultants.
6. A Stormwater Pollution Prevention Plan (SWPPP) will be developed in
conjunction with this project. The site specific SWPPP is a requirement of both
the EPA National Pollutant Discharge Elimination System (NPDES) General
Permit for Stormwater Discharges from Construction Activities, and the FDEP
Generic Permit for Stormwater Discharges from Construction Activities.
7. The ENGINEER shall prepare a submit a County Vegetation Removal Notice
delineating the size, type and location of impacted vegetation.
H. Sioninoand Pavement Marking Plans:
Signing and Pavement Marking plans shall include: Preparation of the plan layout,
key map, quantities (including signing and pavement marking quantity), tabulation of
quantities, and detail of all major signs. All plans are to be prepared in accordance
with the latest design standards and practices (MUTCD), FOOT Standard
Specifications, Indexes, and shall be accurate, legible, complete in design and
drawn at the same scale as the Roadway Plans, furnished in reproducible form.
I. Traffic Control Plans:
The ENGINEER shall design a safe and effective Traffic Control Plans to move
vehicular and pedestrian traffic during aU phases of construction. The design shall
include construction phasing of roadways ingress and egress to existing property
owners and businesses, routing, signing and pavement markings, and detour
quantity tabulations. Special consideration shall be given to the construction of the
Page 14 of 17
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Kimley-Horn
and Associates. Inc.
drainage system when developing the construction phases. Positivedratnagemust
be maintained at all times.
The ENGINEER shall investigate the need for temporary traffic signals, temporary
lighting, alternate detour roads, and the use of materials .such as sheet piling in the
analysis. The Traffic Control Plan shall be prepared by a certified designer who has
completed training as required by the Florida Department of Transportation (FOOT).
J. Sianalization Plans:
A mast-arm traffic signal configuratíon at the Kings HighwayJ Indrio Road
intersection will be designed to meet current COUNTY and FOOT standards.
Luminaries will be provided on each mast arm pole. The pole analysis and design
of the signal system will be completed and submitted to COUNTY for review. Upon
approval of the design by the COUNTY we wlll submit to the FOOT for permitting.
1<:. Public InVOlvement:
Publicinvotvement intent is to ¡nformand involve interested public officials, citizens
and special interest groups in the development of this transportation project.
Residents, visitors and business rely on Kings· Highway andlndrio Road to meet
their transportation needs. Therefore, it is important that these stakeholders are
provided an opportunity for input.
To facilitate this information exchange, two (2) workshops Will be conducted to
present the project to intersected parties. It is anticipated that the first workshop will
be held following 30% plan submittal to present the contemplated project and solicit
feedback. A second workshop will be held following the 60% plan submittal to once
again solicit feedback and present the project at this stage. Upon completion of the
90% plans, a formal public hearing is anticipated to be held. The formal public
hearing is to present contemplated improvements as desired by the COUNTY.
Notifications associated with the workshop and public hearing willgeneraflyfollow
the FOOT Public Involvementguidelînes.
L. Construction Phase Assistance:
Construction phase assistance shall be submitted to the COUNTY under a
supplemental amendment, if so requested, once the construction documents have
been finalized and construction duration has been determined.
Page 15 of 17
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ll'íl,.." Kìmley-Horn
........1 U and Assocìates, Inc,
EXHIBIT B
COMPENSATION
The COUNTY agrees to pay and the ENGINEER agrees to accept for servIces
r'3ndered pursuant to fees in accordance with the following:
¡.,. Professional Services Fee: The basic compensation mutually agreed upon by the
ENGINEER, and the COUNTY follows:
Hourlv Not-fo-Exceed Tasks
Task Description
Supplemental Design Survey
Right-of-Way Mapping
Geotechnical Investigation
Roadway Plans
Drainage Plans
Traffic Control Plans
ErosIon Control and SWPPP
Utility Coordination
Permits
Signing and Pavement Marking Plans
Signalization Plans
Public Involvement
Subsurface Utility Investigation (up to 20 potholes)
Parcel Sketches and Legal Descríptions (up to 30 parcels)
Grand Total
Page 16 of 17
u:'Pro¡ects\2007\Klngs-lndìros\Kings-lndno Scope_19May08 (MBrev) ,doc
Fee
$ 62.250
$ 45.tOO
$ 62.875
$ 177.615
$ 76,490
$ 48.100
$ 18,020
$ 30480
$56.430
$24.470
$ 21.620
$ 50.390
$ 12.500
$ 19.500
$ 678.840
~=~
Kimley-Horn
and Associates, Inc.
EXHIBIT C
SCHEDULE
Upon authorization to proceed by the COUNTY, final design documents are expected to
ta.ke approximately twenty-four (24) months from the Notice to Proceed (NTP).
SECTION IV - TIME FOR COMPLETION
NTP
30% Design Drawings
60% Design Drawings
90% Design Drawings
Final Design Drawings
Upon BOCC Approval_
1/9109
6/30109
1/29/10
6/30/10
Page 17 of 17
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_til
. "
COU NTY , 'J
FLORIDA -,
I ~~
AGENDA REQUEST
ITEM NO. VI-F3
DATE: Aug. 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): ROAD & BRIDGE DIVISION
Donald Pauley
Road & Bridge Manager
SUBJECT:
Approve the revision of EQ08-304 (60" Ditching bucket) to increase the dollar amount from
$5,600.00 to $7,250.00.
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
101004-4109-564000-400 Capital Equipment & Machinery
PREVIOUS ACTION:
Approval of EQ08-304 for $5,600.00 on March 4, 2008.
RECOMMENDATION:
Staff Recommends the Board approve the revision of EQ08-304 (60" Ditching bucket) to
increase the dollar amount from $5,600.00 to $7,250.00.
DC] APPROVED
[ ] OTHER:
[ ] DENIED
COMMISSION ACTION:
Approved 5-0
Dou a· . Anderson
County Administrator
[ ] County Attorney
[ X ] Originating Dept. Public Works
Oo"',,\'d ð.Wt.ST-
[X] Finance \- {Check for co
Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services
Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting,
Page 1 of 2
[X ] ~gt. & Budget
&"'0""'" J."_s... .
[ ] County Engineer
[ ] Purchasing:
[ ] Other:
ROAD & BRIDGE
MEMORANDUM
TO:
Board of County Commissioners
Road & Bridge Manager ~~~.
August 5,2008
FROM:
DATE:
SUBJECT: Revision of EQ08-304
BACKGROUND
On March 4th, 2008, The Board approved Road & Bridge to purchase a 60" Ditching Bucket for
the amount of $5,500 plus $100.00 freight from Perberton, Inc. This Ditching Bucket attaches to
our Long Reach Track hoe to allow our Drainage Division to clean vegetation out of our large
drainage canals. Due to a misunderstanding between staff and the vendor this cost did not
include teeth on the bucket. The teeth are essential in grabbing the vegetation when cleaning
our drainage canals. Adding the addition of the teeth increased the cost $1,650. (See
Attachment A)
The funds from not purchasing the Forklift (EQ08-285) will be used to fund the $1,650.00
difference.
Page 2 of 2
L·J..... ....c...&.""'¡,¡,..U......¡,¡,\,.. CJ.
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f
,
ITEM NO. C4C
DATE: March 4, 2008
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION (4109)
PRESENTED BY:
~.- ~
~Donald Pauley
, Road & Bridge Manager
SUBJECT:
Approve Equipment Request Number EQ08-303 to purchase a new Cold Only Sign Laminator from Sign
Warehouse in the amount of $4,304.65 and Equipment Request Number EQ08-304 to make a sole source
purchase of a 60" Ditching bucket from Perberton, Inc. in the amount of $5,600.00
BACKGROUND:
The Road and Bridge Division is in need of a new Cold Only Sign Laminator. This Laminator will allow
the Traffic Division Sign Shop to laminate the St. Lucie County Logos that are on a street sign. At the
present time we are getting approximately a one (1) year life span with the St. Lucie County Logos on
the street signs. By laminating the logos, it increases the durability for a minimum of four (4) to five (5)
years, which coincides with the life of the street sign. By purchasing the Laminator we will save
thousands of dollars in the replacement of street signs. Road and Bridge received three quotes and the
lowest price to purchase a new Laminator is $3,995.00 plus $309.65.00 for freight from Sign
Warehouse.
The Road and Bridge Division also needs to replace an existing 60" Ditching Bucket. The current
bucket has been repaired several times and is now not repairable. This Ditching Bucket attaches to our
Long Reach Track Hoe to allow our Drainage Division to clean vegetation out of large drainage canals.
Since this bucket is made especially for our Long Reach, it is a sole source purchase.
The funds from not purchasing the Forklift (EQ08-285) will be used to-fund both the new Laminator and the
60" Ditching Bucket. The Budgeted amount of the Forklift (EQ08;'285) was $39,000.
FUNDS WILL BE AVAILABLE IN:
101004-4109-564000-400 Capital Equipment & Machinery
PREVIOUS ACTION:
NONE
RECOMMENDATION:
Staff recommends that the Board approve Equipment Request Number EQ08-303 to purchase a new Cold
Only Sign Laminator from Sign Warehouse in the amount of $4,304.65 and Equipment Request Number
EQ08-304 to make a sole source purchase of a 60" Ditching bucket from Perberton, Inc. in the amount of
$5,600.00
COMMISSION ACTION: CONCURRENCE:
[ ] APPROVED
[ ] OTHER
[ ] DENIED
Douglas Anderson
County Administrator
[xl County Attorney
[ lj Finance
[xl Mgt. & Budget
[xj Fiscal Coordinator
[xl Public Works Director
[xl Purchasing Dept
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager
at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting.
Page 1 of 4
't.
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008
l
DEPARTMENT:
DIVISION:
PUBLIC WORKS
ROAD & BRIDGE - TRAFFIC
RECOMMENDED: YES
APPROVED:
NO X REVISED
JUSTIFICATION:
This 60" Ditching Bucket will replace the existing 60" bucket that came with our Long Reach Track
hoe. It has been repaired several times and is now unrepairable. This bucket attaches to our Long
Reach Track Hoe to allow us to clean vegeation out of large drainage canals. Due to the fact that
this is a bucket specially made for our Long Reach track hoe, the purchase is a sole source item.
The bucket costs $5,500 plus $100 for frieght and $1650 for teeth.
The funds for this 60" Ditching Bucket will be from the savings of not purchasing the Forklift (E008-
258). The budgeted amount of the forklift was $39,000.
EQUIPMENT REQ#: E008-304
ACCOUNT#:
101004-4109-564000-400
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PAGE 61/61
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Page 4 of 4
AGENDA REQUEST
. ~,
COUNTY " ,~
F LOR I D, A - ,:
ITEM NO. VI-F4
DATE: Aug. 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): ROAD & BRIDGE DIVISION
PRESENTED BY:
SUBJECT:
Approval to transfer $45,000.00 from the Maintenance Capital Equipment & Machinery account
(101002-4110 -564000-400) to the Capital Building improvements account (101002-4110-
562000-1629) .
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
101002-4110-564000-400 Capital Equipment & Machinery
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff Recommends the Board approve the transfer of $45,000.00 from our Maintenance Capital
Equipment account (101002-4110-564000-400) to our Capital Building improvements account
(101002-4110-562000-1629).
COMMISSION ACTION:
[)G APPROVED
[ ] OTHER:
[ ] DENIED
Approved 5-0
Dou as . Anderson
County Administrator
[ ] County Attorney
~,
[ X ] Mgt. & Budget
l"'\ fl\a\~c; 01.1..., \e,. b,¡\ o'S\/,l) ¡" fl.\'Il
[ ] County Engineer
,(iC)
[ ] Purchasing:
[ X ] Originating Dept. Public Works
Ð.tv~\ , ~ . W<.'Š""
[X] Finance ~ (Check for co yonly, applicable)
[ ] Other:
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services
Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting,
Page 1 of 2
ROAD & BRIDGE
MEMORANDUM
TO:
Board of County Commissioners
Road & Bridge Manager~ ;f~.
August 5, 2008
FROM:
DATE:
SUBJECT:
Construction of the Road & Bridge Main Office
BACKGROUND
Since the 2005-2006 Budget year, the Road & Bridge Division has been working on the process
of achieving the renovation of their Main Office. In September 2007, after receiving signed and
sealed architectural plans, the renovations began. In January 2008, after the existing structure
had been gutted, Central Services was notified that the building would have to be moved 55 feet
west of its original location due to permitting issues related to Oleander Avenue. Because of
this issue, the building had to be torn down and our renovation project became a new
construction project. This factor caused an immediate increase in cost to the project. At this
time the building improvement account is negative $ 32,864.01 with the project reaching 90%
completion. Road and Bridge is asking to move $45,000, which we save on the purchasing of
capital equipment due to the vigilant efforts of our staff, to this account to correct the negative
balance and to have funds to complete the building.
Savings from purchasing of the following equipment will be used to fund this request:
Budaeted Amount
$150,000.00
$15,000.00
$1,500.00
$15,000.00
$120,000.00
$190.000.00
$491,500.00
Trash Truck (EQ08-264)
Buzzsaw Head (EQ08-265)
6 x 10 Trailer (EQ08-267)
Off Road Utility Vehicle (EQ08-268)
Tractor w/ 17" boom & mower (EQ08-270)
Motor Grader (EQ08-271)
Page 2 of 2
Actual Amount
$139,922.00
$11,146.40
$1,100.00
$9,156.00
$116,161.40
$167.566.00
$445,051.80
Savinas
$10,078.00
$3,853.60
$400.00
$5,844.00
$3,838.60
$22.434.00
$46,448.20
ITEM NO. VI-F5
DATE: August 5, 2008
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMllTED BY (DEPT.): ENGINEERING DIVISION (4115)
SUBJECT:
Entrada Avenue and Rio Mar Drive Landscaping Project close out.
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
Funds are available in P2612763 - 101003-4113-563000-39001 $16,287.50 - Transportation Trust - Local Option,
101002-0000-205100-39001 $19,550.00,101003-0000-205100-39001 $18,666.71 - Retainage.
PREVIOUS ACTION:
On May 16, 2006, the Board approved the award of the contract to Sunshine Land Design, Inc. in the amount of
$401,529.60.
On September 26,2006, the Board approved Change Order No.1 to Sunshine Land Design, Inc. in the amount of
$4,354.00.
On October 17, 2006, the Board approved Change Order NO.2 to Sunshine Land Design, Inc. in the amount of
$4,071.00 for a total contract price of $409,954.60.
On November 6, 2007, the Board approved Change Order NO.3 to Sunshine Lane Design, Inc. in the deductive
amount of ($11,500) and an extension of the contract to June 30, 2008 with Sunshine Land Design, Inc. for the
Entrada Avenue and Rio Mar Drive Landscaping Project.
RECOMMENDATION:
Staff recommends the Board accept the project, release the retainage, and provide final payment in the amount of
$54,504.21 to Sunshine Land Design, Inc. for Entrada Avenue and Rio Mar Drive Landscaping project, and
signature by the Chairman.
COMMISSION ACTION:
[~ APPROVED [ ] DENIED
[ ] OTHER Approved 5-0
Doug s nderson
County Administrator
[xl County Attorney
.\(1." 't-j ~.....Daniel Mcintyre
[x] Finance
Shai Francis
[xl Road & Bridge
Don Pauley
1~ f ~h
(n'J e¡1/'
~
[x] OMB c..-!JlJflL J t<..:ø [x]
Marie Gouin 1/k'S:1 J R 0'511<..£,\(.4'"
[x] Co. Eng. Mill:> r:2 [ ]
Michael Powley 11I,/ tlv l5ITt\
[ ]
Originating Dept. Public Works ~
Donald West
Other
(Check for copy only, if applicable)
Page 1 of 2
, ~
DIVISION OF ENGINEERING
MEMORANDUM
TO: Board of County Commissioners
FROM:
Mike Powley, County Engineer
~.
Date:
August 5, 2008
Subject:
Entrada Avenue and Rio Mar Drive Landscaping Project
This project consisted of the installation of approximately 4500 linear feet of landscaping and irrigation within the
US-1 corridor along Entrada Avenue from Rio Mar Drive south to Banyan Drive and along a portion of Rio Mar Drive
from US-1 west to Beach Drive. After completion, the contractor was obligated to maintain the improvements for
one year. The one-year maintenance period is now complete and the plant material is growing acceptably. The
contractor has satisfied all of his obligations.
Attached is the final pay request, spreadsheet and release of liens approval. Staff recommends the Board accept
the project, release the retainage, and provide final payment in the amount of $54,504.21 to Sunshine Land Design,
Inc. for Entrada Avenue and Rio Mar Drive Landscaping project.
Page 2 of 2
;
DIVISION OF ENGINEERING
MEMURANDUM
07-182
/ ~'~~
FROM:
Dan Mcintyre, County Attorney ~~
Mike Powley, County Enginee~ßI'"
TO:
DATE:
June 12, 2007
SUBJECT:
Entrada Dr. Landscaping
On May 16, 2006, the Board approved a contract with Sunshine Land Design, Inc. in the
amount of $401,529.60 for the above referenced project. Please process the Releases of Lien
for correctness.
If we can be of any assistancel please call Kyle Croce, Senior Project Engineer, at extension
2153.
Bam
Attachments (6)
cc: Don West, Public Works Director
Craig Hauschild, Assistant County Engineer
Kyle Croce, Senior Project Engineer
&(0Jfdl
Or
/x
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Page 1 of 3
~ ,
APPLICATION FOR 7 th AND FINAL PAYMENT
D
ENGINEERING
Engineer's Project No.:
Contractor: SUNSHINE LAND DESIGN, INC.
P . t N ENTRADA AVENUE / RIO MAR DRIVE LANDSCAPING PROJECT
rOjec ame:
06-029
Owner: Board of County Commissioners. St. Lucie County. Florida
Conn'act Date: 12/31/06
Application Amollnt: $54,504.21
For Period Ending: 06/30/08
Application Date: 06/30/08
Initial Contract Amount Based on Estimated Quantities: $ 401. 529 . 60
Tabulation of Amount Due This Application
ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE
(See Attached "Estimate of Completed Work")
As Applied for
By Contractor
As Approved
By Eniineer
$ 401,529.60
$ -4011~lq. t.O
CHANGE ORDER NO.~@ 100
CHANGE ORDER NO.~œ 100
CHANGE ORDER NO..JL:L@ 100
CHANGE ORDER NO....Q.LJIP ] 00
% Complete(+)
% Complete(+)
% Complete(+)
% Complete(+)
5; 4,354.00
$ 4,071.00
$ (11.500.00l
$ 0.00
$
$
$
$
""I, a ~4. (')0
~ t"!'1 I. O{)
/ 11 5'00 00
Previous Payments:
NI$ 93,945.60
U2. $ 44.223.30
U3 $ 7,582.50
#4 $ 110,381.49
#5 $ 68,658.75
#6 19.158.75
TOTAL 343,950.39
Total Work to Date
Less Previous Payment
Subtotal
Less Failed Laboratory Tests
(+)$ 398 454 60
(-)$ 343.950 39
$ 54.504.21
$ :3qR 4~4. fD()
$ ~ q~,5q
$ '5.LJ ~04 2/
(-)$ . IJ,OQ
Amount Due Final Payment, Except for any
Liquidated Damages Assessed by the Board
$ .1;4./. ~O<'¡I 2 I
CONTRACTOR'S AFFIDA vrr
The undersigned Contractor hereby swears under penalty of perjury that all obligations Incurred by the Contractor under
this Contract to date have been discharged In full; that no suits are pending in connection with the work under the
Contract; thatthe Contractor agrees to the total final price of $ 3 98 , 454 . 60 and final payment of $ 54, 504 . 21
as full settlement of his aexount under the Contract and of all claims in connection therewith.
C~~D DESIGN. INC.
BY:~ l~~. /Y }fÞ.RGARET TAYLOR TITLE: VICE PRESIDENT
COUNTY OF ~
STATE OF
Before me this ~ day of~Lln 0 . 20~ personally appeared ~aarø J:'1ã.ÿ lor
known to me, who being duly sworn, did depose and say that he is the \I\~~-t- (office)
of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on
behalf of said Contractor; and that all of the statements contained therein are true, correct and complete.
............................................. ~~
E LAWRENCE C. KOSAKOWSKI E .
My commission expires: E. Comllll\l 000731813 E 7
/ I 2. -I If I \\.... ExpIrø 1112412011 ! Nótary Public
I .. Floltda NotIryAlln..1nc :
.............".... .... Ut'I"", Ii II ....... II Ii
TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCrE COUNTY, FLORIDA
The attached application for payment by the Contractor has been reviewed by the Engineer. The Engineer hereby
approves final payment under this application in the am'Ount of $ . less liquidated damages assessed
by the Board. WITH ACTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT.
ST. LUCIE COUNTY ENGINEERING DEPARTMENT
Date:
APPROVED BY:
Michael V. Powley, P.E. .
County Engineer
Donald B. West, P.E.
Public Works Director
Contract Time Began:
Substantial Completion on:
Actual Construction Time:
Contract Construction Time:
Rainy Days Aliowance:
Other Overrun Allowances:
Net Overrun:
cc: Finance Officer
Cal. Days
Cal. Days
Ca I. Days
Cal. Days
Cal. Days
Checked By:
Prepared By: ~s.k~~
St. Lucie County Eng. Departml!nt
Page 2 of 3
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REVISED
ITEM NO. VI-F6
DATE: August 5, 2008
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
SUBJECT:
Cortez Multi-Family Townhomes off-site roadway improvements.
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE: n/a
PREVIOUS ACTION: n/a
RECOMMENDATION:
Staff recommends Board support modification of the Developer's Agre ment off-site roadway improvements for
the Cortez Multi-Family Townhomes.
COMMISSION ACTION:
[~ APPROVED [ ] DENIED
[ ] OTHER Approved 5-0
.ith-- [x] County Attorney ~r Oú"""
."", Daniel Mcintyre ~
'.lor [x]Orig. Dept. Public Works "'-
Donald West
Cortez Multi-family.ag
Page 1 of 2
.......
r
DIVISION OF ENGINEERING
MEMORANDUM
TO: Board of County Commissioners
FROM: Mike Powley, County Engineer M¥ Þ t f~
DATE: August 5, 2008
SUBJECT: Cortez Multi-Family Townhomes off-site road improvement obligation.
Cortez Multi-family Townhomes consists of 93 multi-family units in 12 buildings on the south side of Cortez
Boulevard, east of 25th Street. During the development review process, staff requested that Cortez Boulevard be
improved to County standards, including full turn lanes. However, the right-of-way width is substandard, and a
North St. Lucie River Water Control District canal on the north side of their property precludes them from donating
any right-of-way.
Mr. Greg Wexler, the developer of Cortez Multi-family Townhomes, and his engineers expressed concern about
being able to construct a County-standard roadway, including turn lanes, in a substandard right-of-way. In
acknowledgement of the difficulties, staff offered a substitute: full signalization of Cortez Boulevard and 25th Street,
and County-standard roadway along his full-frontage but without the turn lanes. Mr. Wexler chose the signalization
option.
The development was approved by the Board of County Commissio~ers on October 3, 2006 with the
aforementioned off-site roadway obligations. Further, the development orþer stipulates that no Certificates of
Occupancy may be issued until all of the off-site improvements are completed.
Shortly after receiving development approval from the Board, the property was annexed by Fort Pierce.
Subsequent to the annexation, Mr. Wexler returned to the County to modify the original conditions of approval. His
engineers had completed some preliminary evaluations of the required signalization at 25th Street, and it was clear
that the costs would be far more than they anticipated. Mr. Wexler requested that the full County-standard road
construction, including turn lanes, be exchanged for the signalization requirement. However, as the property is now
part of Fort Pierce, the County can do nothing.
Mr. Wexler and his project will be requesting modification of the Developer's Agreement with the Fort Pierce City
Commission on August 11 th. He has requested a letter of support from St. Lucie County BOCC for inclusion in his
agenda package.
Attachment: ERD Report 2 pages
Page 2 of 2
'"
Environmental Resources
Department
Agenda Item Companion Report
TO:
Board of County Commissioners
FROM:
Yvette Alger
Environmental Resources Department
DATE:
July 25, 2008
RE:
Cortez Multi-Family Townhomes off-site roadway improvements
DEPARTMENT COORDINATION
The Engineering Division requested Environmental Resources Department (ERD) input on
the applicant's request for modification of the Developer's Agreement off-site roadway
improvements. The Major Site Plan was originally approved by SLC per Resolution No.
06-236, but the project was subsequently annexed into the City of Ft. Pierce. Therefore,
the Engineering Division will be compiling SLC comments for submittal to the City.
ERDINPUT
ERD coordinated with the City of Ft. Pierce on September 6, 2007, to inform them that all
SLC conditions of approval had been resolved, except for condition #8, which requires re-
planting of areas within the conservation easement. On November 26, 2007, ERD staff
notified the City that several trees previously proposed for preservation had subsequently
been removed. ERD has not received notification from the City that either of the above
remaining issues has been resolved. During a site visit on July 25, 2008, ERD staff
observed that no new plantings have yet been provided on-site, and numerous invasive
exotics persist within the preservation areas. One of the applicant's representatives, Mr.
Spivey, informed staff that they will be repairing silt fences within the week and that
plantings will be done at a later date.
ERD RECOMMENDATION
ERD recommends that prior to approval of the proposed Developer's Agreement
modification, the City should require the applicant to provide a revised tree mitigation plan,
which shall include mitigation for the following: 1) 4: 1 mitigation for trees
removed/damaged due to construction activities per Section 11.05.06.F.2; and 2) 2: 1
mitigation for any County-protected trees to be removed as part of the proposed
modification to roadway improvements per Section 6.00.05.D. The City shall ensure that
re-plantings, preservation, and exotic removal required by the original SLC Development
Resolution and revised tree mitigation plan are completed.
Page 1 of 2
,
,
~~ChQ~A___
vironmental Resou c Department
c: ERD Director
Page 2 of 2
-
\
ITEM NO. VI-F7
DATE: August 5, 2008
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115)
SUBJECT:
Angle Road Sidewalk (Avenue Q to 53rd Street) - Local Agency Program Agreement with the Florida
Department of Transportation (FDOT).
BACKGROUND:
See attached memorandum.
FUNDS AVAILABLE:
Funds are available in 318-4113-563000-4702 County Capital-Transportation Bond Local Option Gas Tax-
Construction.
PREVIOUS ACTION:
May 10, 2005 - The Board approved award of Work Authorization NO.2 to Inwood Consulting Engineers in the
amount of $49,920.55, for the survey and preliminary design of the project.
July 25,2006 - The Board approved award of Work Authorization NO.5 to Inwood Consulting Engineers in the
amount of $102,795.00, for the final design of the project.
Apri!24, 2007 - The Board approved the First Amendment to Work Authorization No.5 (Contract C03-09-708)
with Inwood Consulting Engineers in the amount of $7,500.00, for the additional engineering services required
for a signal warrant study at Angle Road and Avenue Q.
Sepbember 4, 2007 - Board approved the Second Amendment to Work Authorization No.5 (Contract C03-09-
708) with Inwood Consulting Engineers in the amount of $3,890.00, for the preparation of a Local Agency
Program Categorical Exclusion report and checklist for the Angle Road Sidewalk Project, for a total design cost
of $114,185.00. 0
March 18, 2008 - Board approved the Thi rd Amendment to Work Authorization NO.5 (Contract C03-09-708) with
Inwood Consulting Engineers Inc. for a time extension through December 31,2008 for the Angle Road Sidewalk
Project.
Page 1 of 3
~,
RECOMMENDATION:
Staff is requesting Board of County Commissioners approve the attached Local Agency Program Agreement with
FOOT for $840,000.00 for the Angle Road Sidewalk (Avenue Q to 53rd Street), approval of Resolution 08-247
and Budget Resolution 08-250 (attached), and signature by the Chai an.
COMMISSION ACTION:
'PC] APPROVED [ ] DENIED
[ ] OTHER
Approved 5-0
\ "-~ [x} county Attorney 1~ ~
L~ ~DanielMclntyre ~
[x}Orig. De, pt. Public Works .
Donald West
Angle Sidewalk LAP.ag
Coordinati
[Xl OMBJPurchasl
Marie Gouin, JIM/:!..
Ix] Co. Eng. IfIVI
Michael Powley
....
lil~lIÙ.\!~
~t1 tJEnv.Resounces
Amy Molt
Page 2 of 3
DIVISION OF ENGINEERING
MEMORANDUM
TO:
FROM:
DATE:
Board of County Commissioners
Mike Powley, County Engineer M V t
August 5, 2008
Angle Road Sidewalk· Local Agency Program Agreement
SUBJECT:
To accelerate the construction of the Angle Road Sidewalk project, it was partitioned into two separate projects:
Orange Avenue to Avenue 0, and Avenue Q to 53rd Street. The former project has significant contamination
considerations; the latter has none. It is our intention to utilize all of the sidewalk construction reimbursement
grant funds and the signalization reimbursement grant funds within the latter's limits. With Board approval of the
LAP Agreement and Resolution No. 08-247, it is our intention to go to bid immediately. FOOT has concurred
with this course of action.
The Orange Avenue to Avenue Q link is under separate design pending satisfactory development of construction
methodologies to deal with the anticipated contamination. It is our anticipation that this portion will go to
construction in the same time frame as the Avenue 0 to 53rd Street is being completed. There are no grant
funds nor obligations in the second project.
Attachments:
Resolution No. 08-247 pages 1-2
Budget Resolution No. 08-250 page 1
LAP Agreement pages 1-17
Page 3 of 3
RESOLUTION NO. 08-247
A RESOLUTION ACCEPTING THE FLORIDA
DEPARTMENT OF TRANSPORTATION LOCAL
AGENCY PROGRAM AGREEMENT (# 422199-1-
58/ AS-Ol) FOR CONSTRUCTION OF THE ANGLE
ROAD SIDEWALK (AVENUE Q TO 53RD STREET)
AND AUTHORIZING THE CHAIRPERSON TO
EXECUTE THE AGREEMENT AND FURTHER
AUTHORIZING THE COUNTY ATTORNEY TO
EXECUTE THE AGREEMENT BY APPROVING IT AS
TO FORM AND CORRECTNESS
WHEREAS, the Board of County Commissioners of St. Lucie County,
Florida, has made the following determinations:
1. The Florida Department of Transportation has awarded the
County funding for construction of the Angle Road Sidewalk (Avenue Q to
S3rd Street) (# 422199-1-S8/A8-01).
2. The Board should authorize and approve execution of Local
Agency Program Agreement with the Florida Department of Transportation
for the above-referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. The Board hereby accepts and approves Local Agency Program
Agreement with the Florida Department of Transportation (# 422199-1-
S8/A8-01) for construction of the Angle Road Sidewalk (Avenue Q to S3rd
Street).
2. The Board hereby authorizes and Chairperson to execute the
above-referenced agreement and further authorizes the County Attorney to
execute the agreement by approving it as to form and correctness.
Page 1 of 2
After motion and second, the vote on Resolution 08-247 was as follows:
Chair Joseph Smith
Vice-Chair Paula Lewis
Commissioner Doug Coward
Commissioner Chris Craft
Commissioner Charles Grande
PASSED AND DULY ADOPTED this
day of
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Page 2 of 2
RESOLUTION NO. 08- 250
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 $840,000 granULocal Agency Program Agreement with the Florida Department
of Transportation for Angle Road Sidewalk (Avenue Q to 53rd Street).
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 5th day of August, 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
318201-4113-334411-400
FOOT - Transportation
$840,000
APPROPRIATIONS
318201-4113-563000-400
Infrastructure
$840,000
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 5th DAY OF AUGUST, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
Page 1 of 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 1
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
VendorNo:VF591474012008
FPN: 422199-1-58/A8-01 Fund:
Federal No: Org Code: 55043010404
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No: Contract No:
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this _ day of , _ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and _ hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in St. Lucie
County and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter
called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions
upon which such assistance will be provided and the understandings as to the manner in which the project will be
undertaken and completed.
1.01 Attachments: Exhibit(s) A+B+1 + T are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Aaency Proaram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
Removal of All Funds
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the
Agency, and the project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Local Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31.2010. If the
AgencY.does not c?mpl~te t~e project within this time period, this Agreement will expire on the last day of the scheduled
~om~l~tlon as provIded In thiS p~ragraph unle~s ~n extension of the time period is requested by the Agency and granted
In writing by the Department prior to the expIratIon of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 840.000.00. This amount is based upon the schedule of funding in
Exhibit "e." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participatio,,\.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.1;35(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHW A to the Department to proceed with the project or part
thereof involving such cost (23 C.F.R. 1.9 (a». If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525.Q10-40
PROJECT MANAGEMENT OFFICE
03107
Page 4
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I . Federally Funded: Recipients of federal funds (Le., state, local government or non-profit organizations as
defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS
Circular A-133, as revised, will meet the requirements of this part.
2. I" connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, 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 OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II . State Funded: Recipients of state funds (Le., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1 . In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following addressees):
Barbara Handrahan
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Barbara Handrahan
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309(lnsert mailing addressees) of office(s) responsible for program oversight -
District LAP Administrator or person designated by District.)
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
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(Barbara Handrahan
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 333091nsert mailing address(es) of office(s) responsible for program oversight -
District LAP Administrator or person designated by District.)
3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following addressees):
Barbara Handrahan
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 33309(lnsert mailing address(es) of office(s) responsible for program oversight -
District LAP Administrator or person designated by District.)
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following addressees):
(Barbara Handrahan
Florida Department of Transportation
3400 West Commercial Blvd.
Ft. Lauderdale, Florida 333091nsert mailing address(es) of office(s) responsible for program oversight -
District LAP Administrator or person designated by District.)
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHW A to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
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PROJECT MANAGEMENT OFFICE
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contractor or materials vendor to allow public access to all documents, papers, letters or other material.subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project req~i~i~g additional ri~ht-
of-way, the Agency must submit to the Department an annual report of its real property. acquIsition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basIs, from Octob.er 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, AppendiX 6, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or othe~ compensation. for services or expen~es
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Ooerations Manual, Topic 350-030-400 (Section 287.058(1 )(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "6" for
the project, costs agreed to be borne by the Agency or its contractors and subcontractors fo~ not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
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completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.~1 Ter~i~ation or Su~pension Genera."y: Th~ Department may, by written notice to the Agency, suspend any or all
of Its obligations under thiS Agreement untIl such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the ~epart~ent deter.min.es th~t the performance of the Agency is not satisfactory, the Department shall have the option
o~ {a} Imm~dlately terminating thl.s Agreement or {b} suspending this Agreement and notifying the Agency of the deficiency
with a reqUirement that the defiCiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated.
If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
performed. Payment is to be on th.e basis of substantiated costs.
8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: {a} necessary action to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
the financing is to be computed; {b} furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
8 of 17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 9
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
9 of 17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03107
Page 10
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any d~fault which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the project.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for which no right-of-way is required.
1 0 of 17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 11
13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed ìn a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying-the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency [8 will D will not
maintain the improvements made for their useful life.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection. and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1-
800-848-3792.
11 of 17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
03/07
Page 12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
By:
Name:
Title:
Name:
Title:
Attest:
Title:
Attest:
Title:
As to form:
As to form:
Attorney
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
12 of 17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
08/06
Page
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 840,000.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient.
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHW A) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (BIA) and the FHW A. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061,215.422,339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
13 of 17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01~O
PROJECT MANAGEMENT OFFICE
06106
Page
FPN:
422199-58/ A8-0 1
..
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of the Agreement between the state of Florida, Department of Transportation and
I St Lnc.ie ronntv
Dated: I 7/22/OR
PROJECT LOCATION:
The project 0 is X is not on the National Highway System
The project 0 is X is not on the State Highway System
PROJECT DESCRIPTION:
Angle road sidewalk from Avenue Q to 53rd Street
SPECIAL CONSIDERATION BY THE AGENCY: .
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action,
and the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the projects activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) N/A Study to be completed by N/A . (Phase 18 and 28 LAP Agreements)
b) Design to be completed on or before N/A . (Phase 38 LAP Agreements)
c) Right-of-Way requirements identified and provided to the Department by N/A . (All LAPS
requiring R1W) (District will handle all Right-of-Way activities on LAPS, the date would be set by the necessary
timeframe to complete RIW activities)
d) Right-of-Way to be Certified prior to advertising for Construction. (All Phase 58 LAPS).
e) Construction contract to be let on or before 12/2008 . (For Phase 58 LAPs) (This date
would be
prior to the end of the Fiscal Year that the Phase 58 is programmed in FM)
f) Construction to be completed on or before 12/31/10 (Phase 58 LAP Agreements)
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding. .
This project is for Construction Only in the year 09 /10 in the amount of $840,000.00. Upon execution of this agreement
by all parties the Department will provide to the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED.
The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The
Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time
extension (if required by a request for a time extension from the Agency) date. Any unused funds will be deleted by the
Department and the Federal-Aid Office upon completion and final billing.
Upon completion of the project the Agency is required to notify the Department of the date of completion and final
invoicing. The Department may require an on site inspection with the Agency.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
14 of 17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MANAGEMENT OFFICE
08/06
Page
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS
S1. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
FPN:
422199-1-58/A8-01
PROJECT DESCRIPTION
Name: Sidewalk enhancement and sianalization
Termini: Anale Road from Avenue Q to 53rd Street
Length:
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning 2006-2007
2007-2008
2008-2009
Total Planning Cost
Project Development & Environment (PD&E)
2006-2007
2007-2008
2008-2009
Total PD&E Cost
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Right-of-Way 2006-2007
2007-2008
2008-2009
Total Right-of-Way Cost
Construction 2006-2007
2007-2008
2008-2009
2009-2010 5840.000.00 5840.000.00
Total Construction Cost 5840,000.00 $840,000.00
Construction Engineering and Inspection (CEI)
2006-2007
2007-2008
2008-2009
Total CEI Cost
Total Construction and CEI Costs $840,000.00 $840,000.00
TOTAL COST OF THE PROJECT 5840,060.00 $840,000.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
15 of 17
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FEDERAL-AID PROJECT FUNDING REQUEST
525-010-30
PROJ MGT, RESEARCH & DEV OFC
06/05
DATE: 7/22/2008
AGENCY: St. Lucie County FEDERAL-AID PROJECT NUMBER:
FIN NUMBER: 422199-1 STATE JOB NUMBER: TIP PAGE NO.:
PROJECT TITLE: Angle Road sidewalk from Avenue Q to 53rd Street
PROJECT TERMINI FROM:
WORK PHASE: 0 PLANNING
AWARD TYPE: ~ LOCAL
TO:
o ENVIRONMENT 0 DESIGN
o LOCAL FORCES
~ CONSTRUCTION 0 RIGHT OF WAY
ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent
reevaluation date.
EIS approved on
EA/FONSI approved on
Categorical Exclusion:
Programmatic Categorical Exclusion determination on
Type I Categorical Exclusion determination on
Type II Categorical Exclusion approved on
Categorical Exclusion Reevaluation on
. and reevaluated on
, and reevaluated on
7/16/2008
TOTAL LOCAL AGENCY STATE FEDERAL FUNDS PERCENT OBLIGATION DATE
PHASE ESTIMATED COS' FUNDS FUNDING (Nearest dollar) FEDERAL Month I Year
(Nearest Dollar) (Nearest Dollar) (Nearest Dollar) FUNDS
PLANNING $0.00 $0.00 $0.00 $0.00 0.00
PD&E $0.00 $0.00 $0.00 $0.00 0.00
DESIGN $0.00 $0.00 $0.00 $0.00 0.00
RIW $0.00 $0.00 $0.00 $0.00 0.00
CON ST. $840000.00 $0.00 $0.00 $840000.00 100.00
TOTAL $840000.00 $0.00 $0.00 $840000.00 100.00
DESCRIPTION OF EXISTING FACILITY (Existing DeSign and Present Condition)
Roadway Width: nfa Number of Lanes: nfa
Bridge Number(s) on Project: nfa
DESCRIPTION OF PROPOSED WORK 181 New Construction o 3-R 0 ENHANCEMENT o CONGESTION MITIGATION
Roadway Width: n/a Number of Lanes: n/a
Bridge Number(s) on Project: nfa
LOCAL AGENCY CONTACT PERSON: Lori Rocky TITLE: Grant Specialist
MAILING ADDRESS: 2300 Virginia Avenue PHONE: (772) 462-2517
CITY: Ft. Pierce, Florida ZIP CODE: 34982
LOCATION AND DESIGN APPROVAL BY:
(Approving Authonty)
TITLE: County Engineer DATE:
16 of 17
525-010-30
PROJ MGT, RESEARCH & DEV OFC
06/05
AGENCY: 5t. Lucie
PROJECT TITLE: Angle Road sidewalk Avenue Q to 53rd st.
DATE: 7/22/2008
ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS:
An Programmatic Categorical Exclusion determination document was completed for this project.
RIGHT OF WAY AND RELOCATION:
There was no right of way acquisition associated with this project.
THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR
ITS DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY
DEVELOPMENT.
AGENCY: 5t. Lucie County
DATE:
BY:
(Mayor/Chairman)
17 of 17
..-
~
AGENDA REQUEST
ITEM NO. VI-F8
DATE: August 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
SUBMITTED BY: PUBLIC WORKSADMIN (4117)
PRESENTED BY:
~~~tE~~
Public Works Director
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: Solid Waste Initial Assessment Resolution No. 08-251
Request Permission to Advertise Public Hearing
BACKGROUND: See attached memorandum
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
September 11, 2007 - Board adopted Resolution No. 07-259 for the 2007 Final
Assessment Resolution.
RECOMMENDATION:
Staff recommends that the Board adopt Resolution No. 08-251 (Attachment "1 "), a Solid Waste Initial Assessment
Resolution and grant permission to advertise a public hearing to be held on September 9, 2008 at 9:00 a.m. or soon
thereafter as the matter may be heard.
)ÇJ APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
COMMISSION ACTION:
Dougl s . Anderson
County Administrator
[X]County Attorney
Daniel McIntyre . .¡ t
[X]County Engineer /.A
Michael Powley
J
Coordina tion/Sienatures
[ ]Mgt, & Budget, P~'h~ .
[X]Solid Waste Dir~~
Leo Cordeiro
[X]Public Works Dir ~.
Donald West r-r--
Finance (Check for Copy)
Page 1 of 3
COMMISSION REVIEW: August 5,2008
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Donald B, West, Public Works Director~~'
July 28, 2008
Solid Waste Initial Assessment Resolution No. 08-251
Request Permission to Advertise Public Hearing
BACKGROUND
Pursuant to Chapter 1-9, Code of Ordinances and Compiles Laws of St. Lucie County, the Board has the
authority to impose annual solid waste service assessments for solid waste collection, disposal and
administrative services, facilities or programs against certain assessed property within St. Lucie County.
On August 3, 2004, the Board adopted Resolution No. 04-201 (the "Initial Assessment Resolution")
authorizing the imposition of recurring annual solid waste service assessments within the County Solid
Waste Urban Service Area. Said resolution contained a brief and general description of the Solid Waste
collection, disposal and administrative services, facilities or programs to be provided to assessed property,
described the method of apportioning the Solid Waste Costs to compute the Solid Waste Service Assessment
against residential property, designating a rate of assessment of$170.88 for each dwelling unit, and directing
the preparation ofthe Assessment Roll for the fiscal year commencing October 1, 2004.
On September 14, 2004, after receiving and considering all comments on a solid waste service assessment,
the Board adopted Resolution No. 04-255, (the "Final Assessment Resolution") confirming the imposition of
a recurring annual Solid Waste Service Assessment for residential waste and recyclable materials
management, collection and disposal, and collected using the uniform method of collection for non-ad
valorem special assessments.
The attached Resolution No. 08-251 authorizes the Board to impose Solid Waste Service Assessments for
the fiscal year commencing October 1, 2008 and directs the County Administrator to prepare an Initial
Assessment Rollfor said fiscal year to be collected using the uniform method of collecting assessments on
the 2008 property tax bill. The designated rate of assessment is reconfirmed at $170.88 per dwelling unit.
Page 2 of 3
Two (2) Initial Assessment Rolls will be prepared as follows:
1) Initial Assessment Roll" A" will contain residential property as 1) defined by the property appraiser's
database, including properties with a Certificate of Occupancy issued between June 1, 2007 and May
31, 2008 and 2) all known errors and omissions that have been filed to date with the St. Lucie
County Tax Collector.
2) Initial Assessment Roll "B" will contain residential properties that were 1) erroneously omitted from
the prior year's Solid Waste Service Assessment, and 2) did not pay their fee upon issuance of a
certificate of occupancy.
RECOMMENDATION
Staff recommends that the Board adopt Solid Waste Initial Assessment Resolution No. 08-251 as drafted and
grant permission to advertise a public hearing to be held on September 9, 2008 at 9:00 a.m. or soon
thereafter as the matter may be heard.
Attachments "1" - Resolution # 08-251
cc: Staff Concurring
Tax Collector
Property Appraiser
Page 3 of 3
Attachment "1"
ST. LUCIE COUNTY, FLORIDA
INITIAL ASSESSMENT RESOLUTION
SOLID WASTE
ADOPTED August 5, 2008
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
APPENDIX A.
APPENDIX B.
APPENDIX C.
TABLE OF CONTENTS
Page
AUTHORITY. .....................................................................................................1
PU RPOSE AN D DEF INITIO NS.................................................·.·······..·······..·l
LEGISLATIVE DETERMINATIONS. ............................................................11
SOLID WASTE COLLECTION AND DISPOSAL SERVICES. ................14
DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF
INITIAL SOLID WASTE SERVICE ASSESSMENTS. ..............................15 .
ASSESSMENT ROLL. ......... .................................................................. ........16
AUTHORIZATION OF PUBLIC HEARING. ................................................17
NOTI C E BY PU BLlCA TION. ........................................................................ .17
NOTI CE BY MAl L. .................. .................... ..................................... ............... 17
EFFE CTIVE DATE..... ....................................... ............................................. .18
DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE
AREA... ...... .. .A-1
FORM OF NOTICE TO BE PUBLISHED. ....................................B-1
FORM OF NOTICE TO BE MAILED. .......................................... C-1
RESOLUTION NO. OS-XXX
A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA,
RELATING TO THE COLLECTION AND DISPOSAL OF
RESIDENTIAL WASTE AND RECYCLABLE MATERIALS
IN THE COUNTY SOLID WASTE URBAN SERVICE AREA
OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE
METHOD OF ASSESSING SOLID WASTE COSTS
AGAINST ASSESSED PROPERTY LOCATED WITHIN ST.
LUCIE COUNTY; DETERMINING THE SOLID WASTE
COST AND THE INITIAL SOLID WASTE SERVICE
ASSESSMENTS; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC
HEARING AND DIRECTING THE PROVISION OF NOTICE
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County
Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other
applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the
Initial Assessment Resolution. All capitalized words and terms not otherwise defined
herein shall have the meanings set forth in Article V, Collection of Solid Waste and
Recyclable Materials, of the St. Lucie County Code. Unless the context indicates
otherwise, words imparting the singular number, include the plural number, and vice
versa. As used in this Initial Assessment Resolution, the following terms shall have the
following meanings, unless the context hereof otherwise requires:
1
"Assessed Property" means all parcels of land included on the Assessment
Roll that receive a special benefit from the delivery of the Residential Waste and
Recyclable Materials collection and disposal services, facilities or programs identified in
the Initial Assessment Resolution.
"Assessment Roll" means the special assessment roll relating to a Solid Waste
Service Assessment approved by a Final Assessment Resolution.
"Biomedical Waste" means any solid waste or liquid waste that may present a
threat of infection to humans. The term includes, but is not limited to, non liquid human
tissue and body parts; laboratory and veterinary waste that contain human-disease-
causing agents; discarded disposable sharps; human blood and human blood products
and body fluids; and other materials that in the opinion of the Department of Health
represent a significant risk of infection to persons outside the generating facility. The
term does not include human remains that are disposed of by persons licensed under
chapter 497.
"Biological Waste" means solid waste that causes or has the capability of
causing disease or infection and includes, but is not limited to, biomedical waste,
diseased or dead animals, and other wastes capable of transmitting pathogens to
humans or animals. The term does not include human remains that are disposed of by
persons licensed under chapter 497.
"Board" means the Board of County Commissioners of St. Lucie County,
Florida.
2
"Building" means any structure, whether temporary or permanent, built for the
support, shelter or enclosure of Persons, chattel or property of any kind.
"Bulk Items" means items that require special handling and management
because of their volume, e.g., tires, Construction and Demolition Debris, White Goods,
large household goods and furniture. "Bulk Items" must have been previously used by
the customer at the Dwelling Unit for which Collection Service is provided. The term
"Bulk Items" excludes Exempt Waste.
"Collection Service" means Residential Waste Collection Service and
Recyclable Material Collection Service.
"Commercial Property" means all Improved Property other than Residential
Property.
"Construction and Demolition Debris" means discarded materials generally
considered to be not water-soluble and nonhazardous in nature, including but not
limited to steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard,
and lumber, from the construction or destruction of a structure as part of a construction
or demolition project or from the renovation of a structure, and includes rocks, soils, tree
remains, trees, and other vegetative matter that normally results from land clearing or
land-development operations for a construction project including such debris from
construction of structures at a site remote from the construction or demolition project
site. Mixing of construction and demolition debris with other types of solid waste will
cause the resulting mixture to be classified as other than construction and demolition
debris. The term also includes:
3
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a
construction project;
(b) Except as provided in s. 403.707(9)0), yard trash and unpainted,
nontreated wood scraps and wood pallets from sources other than
construction or demolition projects;
(c) Scrap from manufacturing facilities which is the type of material generally
used in construction projects and which would meet the definition of
construction and demolition debris if it were generated as part of a
construction or demolition project. This includes debris from the
construction of manufactured homes and scrap shingles, wallboard, siding
concrete, and similar materials from industrial or commercial facilities; and
(d) De minimis amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent
with best management practices of the industry.
"County" or any like term, means a political subdivision of the state established
pursuant to s.1, Art. VIII of the State Constitution and, when s. 403.706(19) applies,
means a special district or other entity.
"County Administrator" means the chief executive officer of the County, or the
designee or designees of the County Administrator.
"County Solid Waste Urban Service Area" means that portion of the
unincorporated area of the County described on Appendix A.
"Duplex" shall mean a Building that contains two Dwelling Units.
4
"Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for
residential purposes, consisting of one or more rooms arranged, designed, used, or
intended to be used as living quarters for one family only.
"DOR Code" means a property use code established in Rule 120-8.008, Florida
Administrative Code, assigned by the Property Appraiser to Tax Parcels within the
County.
"Exempt Waste" means Biological Waste, Hazardous Waste, Sludge,
automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion
engines, lead acid batteries, used oil, any material for which there is no legally permitted
disposal or storage facility within the County. However, tires on rims, rims, small boat
and auto parts under 50 Ibs are not exempt.
"Final Assessment Resolution" means the resolution adopted in which Solid
Waste Service Assessments are imposed which shall confirm, modify, or repeal the
Initial Assessment Resolution and which shall be the final proceeding for the annual
imposition of Solid Waste Service Assessments.
"Fiscal Year" means that period beginning October 1 st of each year and ending
on September 30th of the subsequent year.
"Garbage" means all putrescible waste which generally includes, but is not
limited to, kitchen and table food waste, vegetative, food or any organic waste that is
attendant with, or results from the storage, preparation, cooking or handling of food
material.
5
"Hazardous Waste" means solid waste, or a combination of solid wastes, which,
because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to, an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness or may pose a
substantial present or potential hazard to human health or the environment when
improperly transported, disposed of, stored, treated, or otherwise managed. The term
does not include human remains that are disposed of by persons licensed under
chapter 497.
"Household Waste" means Garbage and Rubbish generated by a Dwelling Unit
for which Collection Service is provided hereunder. The term "Household Waste" does
not include Exempt Waste or Bulk Items.
"Improved Property" means all property within the County on which a Building
or other improvements including, but not limited to, facilities providing retail electrical
service to such property have been placed or constructed, which improvements result in
such property generating Residential Waste or being capable of generating Residential
.
Waste.
"Improvement Codes" mean the property use codes assigned by the Property
Appraiser to Tax Parcels within the County.
"Initial Assessment Resolution" means the annual resolution adopted in any
year in which Solid Waste Service Assessments are imposed which shall be the initial
proceeding for the identification of the Solid Waste Cost for which an assessment is to
be made and for the imposition of a Solid Waste Service Assessment.
6
"Land Clearing Debris" means vegetative matter resulting from a
comprehensive land clearing operation, but does not include Yard Trash.
"Mobile Home" means manufactured homes, trailers, campers and recreational
vehicles.
"Multiple Single-Family Attached Units" means single-family dwelling units
constructed in a series, row, or group, including four units or more with common walls or
separate walls abutting each other, separated by a nominal space of not less than two
inches, or which have an independent entrance.
"Owner" means the Person reflected as the owner of Assessed Property on the
Tax Roll.
"Property Appraiser" means the St. Lucie County Property Appraiser.
"Recyclable Material" means those materials that are capable of being recycled
and that would otherwise be processed or disposed of as solid waste.
"Recyclable Material Collection Service" means the process whereby
Recyclable Material is removed from a Dwelling Unit, processed and marketed by
Contractor.
"Residential Property" means a parcel of Improved Property on which a Single-
Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that
"Residential Property" does not include (A) property on which a Mobile Home is located
that is classified as either "PUD," "HIRD," "RE-2", "CG," "CN," "CO," or "RVP" under the
County's zoning regulation, or (8) a parcel of property on which more than one Single-
Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit
7
located on a parcel of property that shares a common wall with one or more other
Dwelling Units on other parcels of property not under common ownership. Residential
property shall not include any County owned property.
"Residential Waste" includes Household Waste, Yard Trash and Bulk Items.
"Residential Waste Collection Service" means the process whereby
Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste
Disposal Facility.
"Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or
paper boxes and containers, sweep-ups and all other accumulations of a nature other
than Garbage, which are usual to housekeeping; also any bottles, cans or other
containers not containing Garbage.
"Single-Family Residence" shall mean a Building that contains a single
Dwelling Unit.
"Sludge" includes, the accumulated solids, residues, and precipitates generated
as a result of waste treatment or processing, including wastewater treatment, water
supply treatment, or operation of an air pollution control facility, and mixed liquids and
solids pumped from septic tanks, grease traps, privies, or similar waste disposal
appurtenances.
"Solid Waste Service Assessment" means a special assessment lawfully
imposed by the County against Assessed Property to fund all or any portion of the cost
of the provision of Residential Waste and Recyclable Materials collection and disposal
services, facilities, or programs providing a special benefit to property as a
8
consequence of possessing a logical relationship to the value, use, or characteristics of
the Assessed Property.
"Solid Waste Cost" means the amount necessary to fund the County's
collection and disposal of Residential Waste and the recycling activities of Recyclable
Materials that are allocable to Assessed Property during a Fiscal Year and shall include,
but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or
facilities provided by the County, or through contractual arrangements with the County
relating to Residential Waste and Recyclable Materials management, collection and
disposal activities; (B) the cost of any indemnity or surety bonds and premiums for
insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or
other employment benefits; (0) the cost of computer services, data processing, and
communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid
or delinquent fees or ch~rges advanced by the County and due for Residential Waste
and Recyclable Materials management, collection, and disposal services, programs or
facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or
other professional services; (H) all costs associated with the structure, implementation,
collection, and enforcement of the Solid Waste Service Assessments or a prior year's
assessment for a comparable service, facility or program, including any service charges
of the Tax Collector or Property Appraiser; (I) all other costs and expenses necessary or
incidental to the acquisition, provision, or delivery of the services, programs or facilities
funded by the Solid Waste Service Assessment, and such other expenses as may be
necessary or incidental to any related financing authorized by the Board; (J) a
9
reasonable amount for contingency and anticipated delinquencies and uncollectible
Solid Waste Service Assessments; and (K) reimbursement to the County or any other
Person for any monies advanced for any costs incurred by the County or such Person in
connection with any of the foregoing items of Solid Waste Cost.
"Solid Waste Disposal Facility" means any solid waste management facility
that is the final resting place for solid waste, including landfills and incineration facilities
that produce ash from the process of incinerating municipal solid waste.
"Tax Collector" means the St. Lucie County Tax Collector.
"Tax Roll" means the real property ad valorem tax assessment roll maintained
by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Triplex" shall mean a Building that contains three Dwelling Units.
"Uniform Assessment Collection Act" means sections 197.3632 and
197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-
ad valorem assessments on the same bill as ad valorem taxes, and any applicable
regulations promulgated thereunder.
"White Goods" includes discarded air conditioners, heaters, refrigerators,
ranges, water heaters, freezers, and other similar domestic and commercial large
appliances.
"Yard Trash" means vegetative matter resulting from yard landscaping
maintenance and land clearing operations and includes associated rocks and soils.
10
SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained,
determined and declared that the Solid Waste Costs provide a special benefit to the
Assessed Property based upon the following legislative determinations:
(A) Pursuant to Article VIII, section 1, Florida Constitution, and sections
125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government
to perform county functions and to render county services except when prohibited by
law, and such power may be exercised by the enactment of legislation in the form of
County ordinances and resolutions.
(B) In addition to its powers of self-government, the Board is authorized by
section 125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all
or a portion of the unincorporated area. Additionally, the Board derives authority to
impose Solid Waste Service Assessments from the home rule power of counties in
Article VIII, section 1 (f), Florida Constitution, section 125.01, Florida Statutes, and
specifically section 125.01 (1 )(r), Florida Statutes.
(C) This Resolution authorizes the imposition of Solid Waste Service
Assessments within the County Solid Waste Urban Service Area.
(D) It is fair and reasonable to use the Improvement Codes and DOR Codes
to apportion the Solid Waste Cost among parcels of Assessed Property located within
the County Solid Waste Urban Service Area because: (1) the Tax Roll database
employing the use of such property use codes is the most comprehensive, accurate,
and reliable information readily available to determine the property use and number of
Dwelling Units for Improved Property within the County Solid Waste Urban Service
11
Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is
consistent with the coding of parcel designations on the Tax Roll which compatibility
permits the development of an Assessment Roll in conformity with the requirements of
the Uniform Assessment Collection Act.
(E) Pursuant to section 403.706(1), Florida Statutes, the County has the
general responsibility and authority to provide for the collection and transport of
Residential Waste and Recyclable Materials generated within its unincorporated area to
appropriate Solid Waste Disposal Facilities.
(F) The existence of any Building or other improvement on Improved Property
results in such property generating Residential Waste and Recyclable Materials or
being capable of generating Residential Waste and Recyclable Materials.
(G) Whether imposed throughout the entire County or a portion thereof, the
imposition of a recurring annual Solid Waste Service Assessment is an alternative,
equitable and efficient method to fairly and reasonably apportion and recover the
Residential Waste and Recyclable Materials management, collection, and disposal
costs experienced by the County among the parcels of Residential Property within the
County Solid Waste Urban Service Area.
(H) The size or value of Residential Property does not determine the scope
and cost of Residential Waste and Recyclable Materials management, collection, and
disposal services to be provided to such property. The use of Residential Waste and
Recyclable Materials management, collection, and disposal services, facilities, and
12
programs are driven by the existence of a Dwelling Unit and the average occupant
population.
(I) Apportioning the Solid Waste Costs for Residential Waste collection and
disposal services provided to Residential Property within the County Solid Waste Urban
Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll
data base, is required to avoid cost inefficiency and unnecessary administration, and is
a fair and reasonable method of apportioning Solid Waste Costs.
(J) The use of the uniform method of collection authorized in the Uniform
Assessment Collection Act provides a mechanism to equitably and efficiently collect
Solid Waste Service Assessments for Residential Waste and Recyclable Materials
management, collection, and disposal service, facilities, and programs allocable to
specific parcels of Assessed Property within the County Solid Waste Urban Service
Area.
(K) The annual Solid Waste Service Assessment to be imposed pursuant to
this Resolution shall constitute non-ad valorem assessments within the meaning and
intent of the Uniform Assessment Collection Act.
(L) The Solid Waste Service Assessment imposed pursuant to this Resolution
is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the
Property Appraiser or Tax Collector under the provision of the Uniform Assessment
Collection Act shall be construed as ministerial.
(M) Residential Waste and Recyclable Materials management, collection, and
disposal services, facilities, and programs furnished by the County provide a special
13
benefit and possess a logical relationship to the use and enjoyment of Residential
Property by providing: (1) Residential Waste and Recyclable Materials management,
collection, and disposal services, facilities, and programs to the Owners and occupants
of Residential Property for proper, safe, and cost effective disposal of Residential Waste
and Recyclable Materials generated on such property, (2) better service to Owners and
tenants, (3) the enhancement of environmentally responsible use and enjoyment of
Residential Property, and (4) the protection and possible enhancement of property
values and the health and safety of the Owners and occupants of Residential Property
resulting from the uniform delivery and availability of such services, facilities, and
programs.
(N) It is hereby ascertained, determined, and declared that each parcel of
Assessed Property will be benefited by the County's provision of Residential Waste and
Recyclable Materials management, collection, and disposal services, facilities and
programs in an amount not less than the Solid Waste Service Assessment upon such
parcel computed in the manner set forth in this Initial Assessment Resolution.
SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES.
(A) Upon the imposition of Solid Waste Service Assessments for Residential
Waste and Recyclable Materials management, collection, and disposal against
Assessed Property located within the County Solid Waste Urban Service Area, the
County shall cause Residential Waste and Recyclable Materials management,
collection, and disposal services to be provided to such Assessed Property. Solid
Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments.
14
(8) The provision of comprehensive Residential Waste and Recyclable
Materials management, collection, and disposal services and programs furnished by or
through the County Solid Waste Urban Service Area to Residential Property enhances
and strengthens the relationship of such services and programs to the use and
enjoyment of Residential Property within the County Solid Waste Urban Service Area.
SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT
OF INITIAL SOLID WASTE SERVICE ASSESSMENTS.
(A) The Solid Waste Cost to be assessed and apportioned among benefited
parcels for the Fiscal Year commencing October 1, 2008, is approximately
$3,430,587.00. The approval of this Initial Assessment Resolution determines the
amount of the Solid Waste Cost. The remainder of such Fiscal Year budget for
Residential Waste and Recyclable Materials services and facilities shall be funded from
available County revenue other than Solid Waste Service Assessments.
(8) For the Fiscal Year in which Solid Waste Service Assessments for
Residential Waste and Recyclable Materials management, collection, and disposal
services, facilities and programs are imposed, the Solid Waste Cost shall be allocated
among all parcels of Assessed Property, based upon each parcels' classification as
Residential Property and the number of Dwelling Units for such parcels. A rate of
assessment equal to $170.88 for each Dwelling Unit for Residential Waste and
Recyclable Materials management, collection, and disposal services is hereby approved
for the Fiscal Year commencing on October 1, 2008. In addition to the Solid Waste
Service Assessments for Residential Waste and Recyclable Materials for the Fiscal
15
Year, the Solid Waste Cost due from any property for prior Fiscal Years which is
delinquent shall be assessed against such Residential Property.
(C) The rate of the Solid Waste Service Assessments established in this Initial
Assessment Resolution shall be the rates applied by the County Administrator in the
preparation of the initial Assessment Roll for the Fiscal Year commencing October 1,
2008, as provided in Section 6 of this Initial Assessment Resolution.
SECTION 6. ASSESSMENT ROLL.
(A) The County Administrator is hereby directed to prepare, or cause to be
prepared, an Initial Assessment Roll for the Fiscal Year commencing October 1, 2008.
Such Initial Assessment Roll shall contain the following: (1) a summary description of
all Assessed Property within the County Solid Waste Urban Service Area conforming to
the description contained on the Tax Roll, (2) the name and address of the Owner of
record of each parcel as shown on the Tax Roll, and (3) the amount of the Initial Solid
Waste Service Assessment for Residential Waste and Recyclable Materials
management, collection, and disposal services. The Initial Assessment Roll shall be
open to public inspection. The foregoing shall not be construed to require that the initial
Assessment Roll be in printed form if the amount of the Solid Waste Service
Assessment for each parcel of property can be determined by use of a computer
terminal available to the public. Such Solid Waste Service Assessment for each parcel
of Assessed Property shall be computed by multiplying the assessment rate by the
number of Dwelling Units on such parcel. A separate Assessment Roll containing the
above information shall also be prepared for any Residential Property that is delinquent
in payments of the Solid Waste Cost for prior Fiscal Years.
16
(B) It is hereby ascertained, determined, and declared that the foregoing
method of determining the Solid Waste Service Assessments for Residential Waste and
Recyclable Materials management, collection, and disposal services (1) is a fair and
reasonable method of apportioning the Solid Waste Cost among parcels of Assessed
Property and (2) is an equitable and efficient mechanism to address payment
delinquencies and recover funds advanced for Residential Waste and Recyclable
Materials management, collection, and disposal services, facilities, and programs which
are allocable to specific parcels of Assessed Property.
SECTION 7 . AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 9:00 a.m. on September 9, 2008, in the
County Commission Chambers, on the Third Floor of the St. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A)
receiving and considering any comments on the Solid Waste Service Assessments from
affected property owners and (B) authorizing the imposition of such Solid Waste Service
Assessments for Residential Waste and Recyclable Materials management, collection,
and disposal and collection on the same bill as ad valorem taxes.
SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall
publish a notice, as required by the Uniform Assessment Collection Act, in substantially
the form attached hereto as Appendix B. Such notice shall be published not later than
August 19, 2008 in a newspaper generally circulated in the County.
SECTION 9. NOTICE BY MAIL. The County Administrator shall provide notice
by first class mail to the Owner of each parcel of Assessed Property that was subject to
the Solid Waste Assessment for the first time, is being assessed for a delinquency in
17
the payment of the Solid Waste Cost for prior Fiscal Years or as otherwise required by
the Uniform Assessment Collection Act, in substantially the form attached hereto as
Appendix B. Such notices shall be mailed not later than August 19, 2008. For
purposes of the Solid Waste Assessment, the amount of the assessment levied in
Fiscal Year 2008-2009 shall be deemed the maximum rate authorized by law.
SECTION 10.
EFFECTIVE DATE. This Initial Assessment Resolution shall
take effect immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 5th day of August, 2008.
BOARD OF COUNTY
COMMISSIONERS
ST. LUCIE COUNTY,
FLORIDA
(SEAL)
By:
Chairman
ATTEST:
By:
Deputy Clerk
APPROVED FOR FORM
AND CORRECTNESS:
By:
County Attorney
18
APPENDIX A
DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA
APPENDIX A
DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA
The County Solid Waste Urban Service Area is described as that portion of the
unincorporated area of the County lying to the east of the following described line:
begin at the point Interstate 95 enters the County from Indian River County and run
southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to
Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run
westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to
Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike;
then run southerly along Florida's Turnpike to Interstate 95; then run southerly along
Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-
24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly
along Juliette avenue to Salvatierra Boulevard; then run southerly along Salvatierra
Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to
Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin
County.
A-1
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published on or before August 19, 2008.
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS
Notice is hereby given that the Board of County Commissions of St. Lucie
County, Florida (the "Board") will conduct a public hearing to consider imposing solid
waste special assessments against certain improved residential properties located
within the County Solid Waste Urban Service Area to fund the cost of solid waste
management, collection, and disposal services, facilities and programs provided to such
properties and to authorize collection of such assessments on the tax bill.
The hearing will be held in the County Commission Chambers at 9:00 a.m. on
September 9, 2008, or soon thereafter as the matter may be heard in the St. Lucie
County Commission Chambers located on the Third Floor in the St. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of
receiving public comment on the proposed assessments. All affected property owners
have a right to appear at the hearing and to file written objections with the Board within
20 days of this notice. If a person decides to appeal any decision made by the Board
with respect to any matter considered at the hearing, such person will need a record of
the proceedings and may need to ensure that a verbatim record is made, including the
testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the Community Services
Director at (772) 462-1777 or TOO (772) 462-1428, at least seven days prior to the date
of the hearing.
The assessments will be computed by multiplying the number of dwelling units
on each parcel by the rate of assessment. The rate of assessment for the upcoming
fiscal year shall be $170.88 per dwelling unit. The maximum rate of assessment that
can be charged in future fiscal years without additional notice shall be $170.88 per
dwelling unit. Copies of the assessment roll, showing the amount of the assessment to
B-1
be imposed against each parcel of property, and the legal documentation relating to the
assessments are available for inspection at the office of the County's MSBU
Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia
Avenue, Fort Pierce, Florida.
The assessments will be collected on the ad valorem tax bill to be mailed in
November 2008, as authorized by section 197.3632, Florida Statutes. Failure to pay
the assessments will cause a tax certificate to be issued against the property which may
result in a loss of title.
If you have any questions, please contact the County at (772) 462-3500,
Monday through Friday between 8:00 a.m. and 5:00 p.m.
[INSERT MAP OF COUNTY]
DOUGLAS M. ANDERSON
County Administrator
B-2
APPENDIX C-1 AND C-2
FORM OF NOTICE TO BE MAILED
APPENDIX C-l
ST. LUCIE COUNTY
2300 Virginia Avenue
Ft. Pierce, Florida 34982
* * * * * NOTICE TO PROPERTY OWNER * * * * *
ST. LUCIE COUNTY, FLORIDA
NOTICE OF HEARING TO IMPOSE
AND PROVIDE FOR COLLECTION OF
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 19, 2008
Owner
Address
City, State Zip
Tax Parcel #
Legal Description:
As required by Section 197.3632, Florida Statutes, and at the direction of the Board of
County Commissioners of St. Lucie County, Florida, notice is given by the County that
annual assessments for solid waste services (qarbaqe and yard waste collection) using
the tax bill collection method, may be levied on your property. The use of an annual
special assessment to fund solid waste services benefiting improved residential
property located within the County Solid Waste Urban Service Area is a fair, efficient
and effective manner to fund solid waste services. The total annual solid waste
assessment revenue to be collected within the County Solid Waste Urban Service Area
is estimated to be $3,430,587.00. The annual solid waste assessment is based on the
number of residential dwelling units contained on each parcel of property.
The following is a summary of the non-ad valorem special assessments being imposed
on the above parcel for the fiscal year beginning October 1, 2008.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units on the above parcel is
units.
dwelling
The annual solid waste assessment for the above parcel is $ for fiscal year
2008-09 and shall constitute the maximum amount of the assessment for future fiscal
years, unless a new resolution is subsequently adopted by the Board.
A public hearing will be held at 9:00 a.m. on September 9, 2008, or as soon thereafter
as may be heard, in the County Commission Chambers, on the Third Floor of the St.
Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the
C-1
purpose of receiving public comment on the proposed assessments. All owners of
improved residential property within the County Solid Waste Urban Service Area were
mailed individual notices similar to this one. Subsequent to this year, only owners of
reclassified property which resulted in an increased assessment, or owners of property
not included on the prior years assessment roll will receive updated mailed notice in
addition to the annual published notice, provided that the amount levied does not
exceed the maximum amount of the assessment as set forth herein. You and all other
affected property owners have a right to appear at the hearing and to file written
objections with the Board within 20 calendar days of the date of this notice. If you
decide to appeal any decision made by the Board of County Commissioners with
respect to any matter considered at the hearing, you will need a record of the
proceedings and may need to ensure that a verbatim record is made, including the
testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an
interpreter to participate in this proceeding should contact the Community Services
Director at (772) 462-1777 or telecommunications device for the deaf at (772) 462-
1428, at least seven (7) days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief
within 20 days from the date of Board's action at the above hearing (including the
method of apportionment, the rate of assessment and the imposition of assessments),
such action shall be the final adjudication of the issues presented.
Copies of the legal documentation for the assessment program are available for
inspection at the Office of the County's MSBU Coordinator, located on the Second Floor
of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida.
The special assessment amount shown on this notice and the ad valorem taxes for the
above parcel will be collected on the ad valorem tax bill mailed in November of each
year that the assessment is imposed. Failure to pay the assessment will cause a tax
certificate to be issued against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions,
please contact the County at (772) 462-3500, Monday through Friday between 8:00
a.m. and 5:00 p.m.
*****THIS IS NOT A TAX BILL *****
C-2
APPENDIX C-2
ST. LUCIE COUNTY
2300 Virginia Avenue
Ft. Pierce, Florida 34982
* * * * * NOTICE TO PROPERTY OWNER * * * * *
S1. LUCIE COUNTY, FLORIDA
NOTICE OF HEARING TO IMPOSE
AND PROVIDE FOR COLLECTION OF
NON-AD VALOREM ASSESSMENTS
Owner
Address
City, State Zip
NOTICE DATE: AUGUST 19, 2008
Tax Parcel #
Legal Description:
NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE
ASSESSMENT FEES DUE FOR FISCAL YEAR 2007-2008 (OCTOBER 1, 2007 THROUGH
SEPTEMBER 30, 2008).
As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County
Commissioners of St. Lucie County, Florida, notice is given by the County that annual
assessments for solid waste services (aarbaae, recvclina and yard waste collection and
disposal service) using the tax bill collection method, may be levied on your property. The use
of an annual special assessment to fund solid waste services benefiting improved residential
property located within the County Solid Waste Urban Service Area is a fair, efficient and
effective manner to fund solid waste services. The total annual solid waste assessment
revenue to be collected within the County Solid Waste Urban Service Area for "uncollected"
solid waste service assessment fees is estimated to be $29, 392.00. The annual solid waste
assessment is based on the number of residential dwelling units contained on each parcel of
property.
The followina is a summary of the solid waste service assessments that were erroneouslv not
collected for the above parcel for the fiscal year beainnina October 1. 2007. This amount is in
addition to the solid waste non-ad valorem assessment for the fiscal year beginning October 1,
2008.
The above parcel is subject to the solid waste assessment:
The total number of residential dwelling units .on the above parcel is
dwelling units.
C-3
The annual solid waste assessment for the above parcel is $ for fiscal year 2007-08
and shall constitute the maximum amount of the assessment for future fiscal years, unless a
new resolution is subsequently adopted by the Board.
A public hearing will be held at 9:00 a.m. on September 9, 2008, or as soon thereafter as may
be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County
Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving
public comment on the proposed assessments. All owners of improved residential property
within the County Solid Waste Urban Service Area were mailed individual notices similar to this
one. Subsequent to this year, only owners of reclassified property which resulted in an
increased assessment, or owners of property not included on the prior years assessment roll
will receive updated mailed notice in addition to the annual published notice, provided that the
amount levied does not exceed the maximum amount of the assessment as set forth herein.
You and all other affected property owners have a right to appear at the hearing and to file
written objections with the Board within 20 calendar days of the date of this notice. If you decide
to appeal any decision made by the Board of County Commissioners with respect to any matter
considered at the hearing, you will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be made. In accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the Community
Services Director at (772) 462-1777 or telecommunications device for the deaf at (772) 462-
1428, at least seven (7) days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20
days from the date of Board's action at the above hearing (including the method of
apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
Copies of the legal documentation for the assessment program are available for inspection at
the Office of the County's MSBU Coordinator, located on the Second Floor of the Administration
Annex at 2300 Virginia Avenue, Fort Pierce, Florida.
The special assessment amount shown on this notice and the ad valorem taxes for the above
parcel will be collected on the ad valorem tax bill mailed in November of each year that the
assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued
against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions, please
contact the County at (772) 462-3500, Monday through Friday between 8:00 a.m. and 5:00 p.m.
*****THIS IS NOT A TAX BILL*****
C-4
--,
.....--
AGENDA REOUEST
ITEM NO. VI-F9
DATE: August 5, 2008
REGULAR
PUBLIC HEARING
CONSENT
[X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: ROAD & BRIDGE (4109)
PRESENTEDBY~~
Road & Bridge Manag r
SUBJECT: Approve Equipment Request numbers EQ08-335 and EQ08-336 to make a sole source
purchase of two Traffic Signal Camera Video Detention packages from Econolite Control products,
Inc. for the total amount of $12,350.00.
BACKGROUND: See attached memo.
FUNDS WILL BE MADE AVAILABLE IN:
101004-4109-564000-400 (Capital Equipment and Machinery)
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board approve Equipment request numbers EQ08-
335 and EQ08-336 to make a sole source purchase of two Traffic Signal Camera Video Detection
packages from Econolite Control products, Inc. for the total amount of $12,350.00.
COMMISSION ACTION:
~,--
[)(1 APPROVED [] DENIED
[ ] OTHER: Approved 5-0
Dou as . Anderson
County Administrator
County Attorney:
~
Coordination/Signatures
Management & Budget & Purchasing:~ ~
V(~fl(Ifi<~""Marie Gouin
Dan McIntyre
Originating DePt~ Public Warks: ..1..-R~.
on Pauley ~nald B. West
Other:
Finance: (Check for Copy only, if applicable) ~.
Page 1 of 2
ROAD & BRIDGE DEPARTMENT
MEMORANDUM
DATE:
Board of County Commissioners
Donald Pauley, Road & Bridge Mange~ ~r'
August 5th, 2008
TO:
FROM:
RE: Purchasing Two Traffic Signal Camera Video Detection Packages
************************************************************************************************
BACKGROUND
The Road & Bridge Traffic Division is responsible for forty two (42) signalized intersections throughout the County.
Nineteen of these intersections have video detection. Each intersection requires four cameras. (One for each
direction.) Should one of these video detection cameras break, it takes at least six weeks to get a replacement
camera. These cameras are sole source items. This Econolite Signal Camera package is to replace any camera that
gets damaged or stops working until a new one can be procured. This will allow repairs to be made immediately
without any undo delay. (See Attachment A1-A4)
The monies from not purchasing the Permanent Count Stations (EQ08-259) will fund this item. The budgeted
amount of Permanent Count Stations (EQ08-259) was $50,000.
RECOMMENDA nON
Staff recommends that the Board approve Equipment request numbers EQ08-335 and EQ08-336 to make a sole
source purchase of two Traffic Signal Camera Video Detection packages from Econolite Control products, Inc. for
the total amount of$12,350.00.
Page 2 of 2
--
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008
APPROVED:
YES
NO
NO
REVISED
REVISED
DEPARTMENT:
PUBLIC WORKS
RECOMMENDED: X YES
JUSTIFICATION:
The Road & Bridge Traffic Division is responsible for forty two (42) signalized intersections
throughout the County. Nineteen of these intersections have video detection. Each intersection
requires four cameras. (One for each direction.) Should one of these video detection cameras
break, it takes at least six weeks to get a replacement camera; it is a sole source item. This
Econolite Signal Camera package is to replace any camera that gets damaged or stops working
until a new one can be procured. This will allow repairs to be made immediately without any undo
delay.
The monies from not purchasing the Permanent Count Stations (EQ08-259) will fund this item. The
budgeted amount of EQ08-259 was $50,000.
EQUIPMENT REQ#: EQ08-335
ACCOUNT#:
101004-4109-564000-400
Al
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008
DEPARTMENT:
DIVISION:
PUBLIC WORKS
ROAD & BRIDGE - TRAFFIC
RECOMMENDED: X YES
APPROVED:
NO
REVISED
JUSTIFICATION:
The Road & Bridge Traffic Division is responsible for forty two (42) signalized intersections
throughout the County. Nineteen of these intersections have video detection. Each intersection
requires four cameras. (One for each direction.) Should one of these video detection cameras
break, it takes a least six weeks to get a replacement camera; it is a sole source item. This
Econolite Signal Camera package is to replace any camera that gets damaged or stops working
until a new one can be procured. This will allow repairs to be made immediately without any undo
delay.
The monies from not purchasing the Permanent Count Stations (EQ08-259) will fund this item. The
budgeted amount of EQ08-259 was $50,000.
EQUIPMENT REQ#: EQ08-336
ACCOUNT#:
101004-4109-564000-400
A2
-'~-..
-
ECDNDLITE
_CONTROL
PRO Due T S.
IN c.
To: Gene Snedeker / St Lucie County
RE: Terra Spares
From: Chris Carline
Date: 7/23/08
Econolite Control Products, Inc. is pleased to submit the following proposal for an Autoscope Solo Terra
video detection system.
ITEM Product Description
Autoscope Solo® Terra- combines the camera and on-board machine Quantity Price/Ea
#1 vision dual core processor in an environmental housing, provides high-
resolution real-time Color image processing, 22x zoom lens, MPEG4 video EA 3700.00
encoder and web browser.
2 Mountina Bracket - horizontal (mast arm) EA 75.00
3 Terra Access Point (TAP) for TS1 and TS2 (Replaces Minihub) EA 179S.00
4 Terra Interface Point (TIP) (Replaces AOP4) EA S8S.00
5 TIP to TAP connector cable EA 20.00
SOLO Terra CAMERA VIDEO DETECTION SPARES TO INCLUDE:
Notes:
. Each component of video detection to include a standard 2-year warranty.
. Econolite will provide on site "assistance" with installation and detector file set up. We do not
provide bucket trucks or labor to actually install the cameras.
FOB: Anaheim, CA
Freight: Included
Terms: Net 30
Delivery: 4-6 weeks
Quotation: Good for 90 days
Please call me at either 904-448-5619 or 904-318-7153 with any questions.
Thank you,
ECONOLITE CONTROL PRODUCTS, INC.
(}~ (}~~e-
S.E. District Manager
A3
(7/24/2008) Gene Snedeker - SOLE SOURCE 200B.doc
- Pa9e1l
iECONOLITE
To: St Lucie County Purchasing
Gene Snedeker
From: Chris Carline
Econolite Control Products, Inc.
Date: 7/23/08
Re: Sole Source
To whom it may concern,
This letter is to verify that Econolite Control Products, Inc. Located at PO Box 550897
Jacksonville, Florida 32255 is the sole provider and manufacturer of any and all, "Econolite"
products in the state of Florida. This would include cabinets (TS1 and TS2), Controllers,
Suitcase Testers, ARIESTM and icons TMsoftware, Autoscope SOLO PROTM video detection,
Econolite Signals, BIU's, Load Switches, Power Supplies and any other products with
the Econolite™ name. This also includes any products or licensing that would be associated
with Econolite proprietary products. Example: ARIESTM software upgrades can only be
purchased through Econolite as the software is registered, trademarked and distributed only by
Econolite. Econolite is the manufacturer and sole distributor of Autoscope™ products in the
United States. If you have any questions concerning this matter, please feel free to contact me
at (904) 448-5619.
We appreciate the opportunity for your business!
Thank You,
(}~ (}~~e-
Chris Carline
Econolite Control Products, Inc.
South East District Manager
** Please note new local address**
P.O. Box 550897 . Jacksonville. FL 32255
· Cell: (904) 318-7153 PH: (904) 448-5619. FAX: (904) 212-1320. www.econolite.com
+ccarline@econolite.com
.
A4
AGENDA REQUEST
ITEM NO. VI-F 10
DATE: August 5, 2008
REGULAR
PUBLIC HEARING
SUBMITTED BY: PUBLIC WORKS ADMIN (4117)
CONSENT [X]
~\)'{\~~.~~
PRES~TED BY: DON1w B. WEST
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: Amendment Number 3 to Work Authorization Number 17 with Hazen & Sawyer Engineers
for Grant Assistance related to Indian River Estates Stormwater project.
BACKGROUND: See attached memo.
FUNDS WILL BE MADE AVAILABLE IN: 102001-3725-563005-42512-lndian River Estates
Stormwater Management - Drainage Maintenance MSTU budget.
PREVIOUS ACTION: 4/15/05: Work Authorization Number 17 with Hazen & Sawyer for grant technical
assistance in the amount of $10,000 approved by Administration.
7/6/05: Amendment Number one to Work Authorization Number 17 to increase the total amount to
$15,000 approved by Administration.
4/2/07: Amendment Number two to Work Authorization Number 17 to extend the time of completion to
June 30, 2007, approved by Administration.
RECOMMENDATION: Public Works Staff is requesting Board approval of Amendment Number 3 to
Work Authorization Number 17 with Hazen & Sawyer Engineers for grant technical assistance related to
Indian River Estates, in the amount of $24,428.31, extension of contract time to December 31,2008, and
authorization of signature by the Chairman.
[~APPROVED [] DENIED
[ ] OTHER: Approved 5-0
COMMISSION ACTION:
Do las . Anderson
County Administrator
\N'o
CoordinationlSi ~natures
Management & Budget & Purchasing: iMI ~
Marie Gouin '1'«Ji»~- .---
En ineerin ",Other:
Michael Powley ~.\\......"~"'~'(;
County Attorney:
Dan McIntyre
Public Works:
Donald B. West
:J
Finance: (Check for Copy only, if applicable)~.
Shai Francis
Page 1 of 2
PUBLIC WORKS DEPARTMENT
ADMINISTRATION
MEMORANDUM
DATE:
Board of County Commissioners
Don West, Public Works Director tt ~.
August 5, 2008
TO:
FROM:
RE: Amendment Number 3 to Work Authorization Number 17 with Hazen & Sawyer Engineers for
Grant Assistance related to Indian River Estates Stormwater project.
************************************************************************************************
BACKGROUND: During April of 2005, the County applied for a FEMA Hazard Mitigation Grant in the amount of $4.9
million dollars for the Indian River Estates Stormwater Improvement Project. The funding is needed to complete the
construction of phase 2 of the project that will provide increased flood protection for the neighborhood. Currently, Phase
1 is under construction, and is expected to be completed in October of 2008.
Phase 1 consists of the storage/treatment detention cell and the stormwater pump station and force main. Phase 1 is
estimated to cost $5.3 million dollars.
Phase 2 will include construction of the internal stormwater collection and conveyance system within the Indian River
estates neighborhood.
Hazen & Sawyer Engineers has provided technical support to our grant writing team in our pursuit of the FEMA grant
for Indian River Estates.
On October 12,2007, the grant application was denied by FEMA, on the basis that FEMA considered the project to be a
water quality project. On November 28,2007, the County appealed the denial decision. We have been pursing the
appeal process ever since, continuing to provide extensive technical backup, modeling analysis, and lobbying efforts.
(Please see attached letter dated February 15, 2008 "Attachment A" and letter dated February 27, 2008 "Attachment B").
The attached Amendment Number 3 outlines the work that has been provided by Hazen & Sawyer Engineers in
providing the necessary technical data to satisfy FEMA. The attached Amendment Number 3 will increase the overall
compensation provided to Hazen & Sawyer in the amount of $39,428.31, this covers the additional engineering work
along with what has been completed to date. Likewise, the time of completion will be extended to December 31,2008.
RECOMMENDATION: Public Works Staff is requesting Board approval of Amendment Number 3 to Work
Authorization Number 17 with Hazen & Sawyer Engineers for grant technical assistance related to Indian River Estates,
in the amount of $24,428.31, extension of contract time to December 31,2008, and authorization of signature by the
Chairman.
Page 2 of2
THIRD AMENDMENT TO WORK AUTHORIZATION NO. 17
C03-05-395
W.A. #17
PROJIPROG #425056
STORMWATER SYSTEM IMPROVEMENTS FOR FLOOD HAZARD
MITIGATION GRANT ASSISTANCE
INDIAN RIVER ESTATES AND LAKEWOOD PARK
Pursuant to that certain Agreement between County and Engineer for Professional
Services for Continuing Professional Engineering Services (the Agreement") between St.
Lucie County (the "County") and Hazen & Sawyer, P.C. (the "Engineer"), C03-05-395,
dated May 13,2003, successfully complete the scope of work as set forth in the
Engineer's Agreement and more particularly described in the attached Exhibit "A", the
County agrees to compensate the Engineer the amount not to exceed Thirty Nine
Thousand Four Hundred Twenty-Eight and 31/00 ($39,428.31) dollars, an increase of
$24,428.31.
All work under this Third Amendment to Work Authorization No. 17 shall be
completed on or before December 31, 2008.
IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has
affixed his, its, or their names, or name, on the dates below.
ST. LUCIE COUNTY, FLORIDA
ATTEST:
BY:
CHAIRMAN
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
DATE:
WITNESSES:
HAZEN & SAWYER, P.c.
BY:
(Type or print name/position)
DATE:
HAzEN AND SAWYER
. Environmental Engineers & Scientists
Hazen and Sawyer, P.C.
Mardi Executive Center
1905 South 25th Street, No. 103
Fort Pierce, FL 34947
712489-0066
Fax: 772 489-0299
July 24, 2008
Donald B. West, P.E.
ST. LUCIE COUNTY
2300 Virginia Avenue'
Ft. Pierce, Florida 34982
Flood Hazard Mitigation Grant Assistance
Lakewood Park and Indian River Estates
HMGP Project No. 1561-249 Appeal
Dear Mr. West:
Hazen and Sawyer assisted the County in preparing the November 2007 appeal (to the denial
for HMGP Project No. 1561-249). Subsequently, we have prepared responses (dated March
25, 2008) to FEMA comments regarding the appeal, we have prepared for, and attended a re-
view meeting and site visit with FEMA and State Mitigation representatives, and lastly, we have
prepared a response (dated April 18, 2008) to the additional comments/questions raised at the
review meeting/site visit. As suggested by the County we have waited until completing all meet-
ings and responses before submitting this proposal for the required additional funding.
Therefore, we are hereby requesting the lump sum additional amount of $24,428.31 to cover the
aforementioned services. This additional amount brings the total Work Authorization amount to
$39,428.31.
Work will be completed and a lump sum invoice for $24,428.31 will be submitted on or before
December 31, 2008. If you have any questions regarding this matter please give me a call.
Very truly yours,
.;;;....~"'.
/.
/'
Robert B. ylor, Jr., P.E.
Senior Associate
c: William Hoeffner/SLC
40593-017L013.doc Page 1 of 1
Nsw York, NY - Armonk. NY . Phlladillphia, PA . Ostral!. MI' Ramsey. NJ . Clnclnnati. OH . Raleigh, NC. Cl1arIolle, NC' G reansboro, NC . Fairfax, VA . A~anta, SA . Baltlmors, MD
HoYywooo. FL' Boca Raton. Fl' Fori PIerce. FL' Tampa, FL' Sarasota, FL' Coral Gablas, Fl- Jacksonville, FL' Bogotj. Colombia. S.A.
"Attachment A"
BOARD OF
COUNTY
COMMISSIONERS
ST. LUCIE l~, '
COUNTY .
FLORIDA-=-
COUNTY
ADMINISTRATOR
DOUGLAS M. ANDERSON
February 15, 2008
Senator Mel Martinez
356 Russell Senate Office Building
Washington, DC 20515
Re: FEMA Appeal
Project # 1561-249
Indian River Estates Stormwater Improvement Project
Dear Senator Martinez:
During April 2005, St. Lucie County applied for a FEMA Hazard Mitigation Program (HMGP)
grant in the amount of $4,911,000 for the Indian River Estates Stormwater Improvement Project.
On 10/12/2007, the County learned the application was denied on the basis that FEMA
considered the project to be a water quality project as opposed to a flood mitigation project. The
10/11/2007 denial letter is attached. On 11/28/2007, St. Lucie County appealed the denial
decision. The appeal was reviewed by the Florida Division of Emergency Management and was
forwarded to FEMA on 2/5/2008.
This project is extremely important to St. Lucie County. Indian River Estates is a large
subdivision of more than 1,800 home sites. The subdivision is located adjacent to the St. Lucie
Savannas. During rainy seasons when the water table of the Savannas is high, Indian River
Estates experiences flooding with even small storm events given that the high water table
restricts storrnwater flow. The attached photos demonstrate better than words the severity of the
problem. The improvement project has been in progress since the mid 1990's, but has been
repetitively delayed due to funding shortages. The $4,911,000 in funding from HMGP will
allow the County to complete the project.
In response to the FEMA denial of the County's application, please note the County readily
admits there are notable water quality factors involved in this project. However, those water
quality factors are due to the adjacency of the St. Lucie Savannas, a pristine water body that is
classified as an "Outstanding Florida Water." Given that stormwater from Indian River Estates
flows into the Savannas, the water quality factors are mandated by the Florida Department of
Environmental Protection, the South Florida Water Management District, and the Army Corps of
Engineers. It is also these water quality factors that have markedly increased the cost of the
project causing this project to be delayed. However, regardless of the water quality factors, the
primary purpose of the project is to address the repetitive flooding this community experiences.
It should also be noted that, despite the water quality issues and the associated costs, this project
does exceed the benefit/cost ratio of 1 for flood mitigation projects as required by HMGP and
JOSEPH E. SMITH. District No.1. DOUG COWARD. District NO.2. PAULA A. LEWIS, District No. :> . CHARLES GRANDE, District NO.4· CHRIS CRAFT, District No.5
County Administrator· Douglas M. Anderson
2300 Virginia Avenue · Fort Pierce, FL 34982-5652 . Phone (772) 462-1450 · TDD (772) 462-1428
FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us
web site: www.co.st-Iucie.fl.us
Page 1 of 2
"Attachment A"
by HMGP and FEMA. Exceeding the benefit/cost ratio of 1 is the primary eligibility criterion
for HMGP projects.
St. Lucie County critically needs HMGP funding to complete this project. I therefore ask for
your support of the County's appeal of FEMA's decision. If you have any questions regarding
this matter, please contact Bill Hoeffner, GrantsIDisaster Recovery Director, at (772) 462-1467
or at hoeffner@stlucieco.gov.
h -^v)!-- __
ugl~. Anderson
County Administrator
Copy to:
St. Lucie County Board of County Commissioners
Steve Martino, Southeast Florida Regional Director, Senator Mel Martinez
Daniel McIntyre, County Attorney
Faye Outlaw, Assistant County Administrator
Lee Ann Lowery, Assistant County Administrator
Don West, Public Works Director
Bill Hoeffner, Grants / Disaster Recovery Director
Page 2 of 2
"Attachment B"
COMMITTEES:
"MEL MARTlt-IEZ
FLORIDA
(202) 224-3041
tinítcd ~tatcs ~cnatc
ARMED SERVICES
ENERGY AND NATURAL RESOURCES
SPECIAL COMMITTEE ON AGING
BANKING. HOUSING. AND
URBAN AFFAIRS
WASHINGTON, DC 20510-0906
February 27, 2008
Dear Mr. Anderson:
1 Jf~/J~/
C ·¡Y'LJ It'
IJ ",
Thank you for contacting my office regarding St. Lucie County's HMGP application <l /' v/
with FEMA for the Indian River Estates Stormwater Improvement Project. I appreciate tv I :
you taking the time to share your concerns with me, /¡tr ¡,1
A member of my staff has contacted FEMA on your behalf with the request that
they review the application and report back to me. As soon as I receive more Information, I
will be in touch with you. Please be assured I will do everything I can to see that your
appeal receives the appropriate attention.
Mr. Douglas M. Anderson
County Administrator
St. Lucie County
2300 Virginia Ave.
Fort Pierce, Florida 34982-5652
Thank you for the opportunity to serve you.
Sincerely,
Øíd
Mel Martinez
United States Senator
MM/lmm
22033-0R
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Page 1 of 1
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""....
AGENDA REQUEST
ITEM NO. VI-F II
DATE: Augusts, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115
SUBJECT:
Indian River Estates Stormwater Improvements - Phase I Pump Station Change Order No. 1
BACKGROUND:
See attached memorandum.
FUNDS AVAIL.:
Funds are available in:
102001-3725-563000-425056 Drainage Maintenance MSTU - Stormwater Maintenance.
PREVIOUS ACTION:
May 8, 2007, the Board approved to reject all bids.
November 27,2007, the Board approved to award the construction contract to Close Construction, Inc. in
the amount of $4,471, 114.00.
RECOMMENDATION:
Staff recommends Board approve Change Order No. 1 with Close Construction, Inc., in the amount of
$301,409.54, for the Indian River Estates Stormwater Improvements - Phase I Pump Station project, and
signature by the Chair.
COMMISSION ACTION:
hd APPROVED [ ]
rJ OTHER: Approved 5-0
DENIED
Do las . Anderson
County Administrator
attachments: Memo (one page)
Change Order No. 1 (two pages)
~ coordinatiOnlSillnatures~·-w""'\
[xl County Attorney ~~]Mgt: & Budget ' . :"'lV [l~th.er
Daniel McIntyre ~ J f.fl(\S« H-\ 1I I· SVJ..L\ V~,., ,~t\
[xl Originating Dept. Public Works . LxlCo. Eng. M V Þ [x]Financ~y
Donald West Michael Powley , Shai Fran
Page 1 of 2
.....,
DIVISION OF ENGINEERING
fill"
MEMORANDUM
TO: Board of County Commissioners
FROM: Mike Powley, County Engineer ¡{{II/> ~.
DATE: August 12, 2008
SUBJECT: Indian River Estates Stormwater Improvements - Phase I Pump Station
BACKGROUND
Since 1995, Engineering staff has been working to design a stormwater management system for
the 1200-acre Indian River Estates subdivision. The extreme flooding that occurred in 1995 and
1997 resulted in a recognition that the existing drainage system is insufficient. The flooding that
occurs in the neighborhood lasts for weeks because the adjacent Savannas' water levels rise too
high. The flood water in the neighborhood has no place to go because the existing drainage system
outfalls directly to the Savannas State Preserve. Indian River Estates subdivision was designed in
the. late 1950's, prior to criteria being established for treatment and storage of stormwater runoff.
In 1997, the local Florida Department of Environmental Protection (FDEP) office documented the
impacts that were occurring to the Savannas Preserve because of the untreated stormwater runoff
coming out of Indian River Estates. The entire subdivision (3600 lots) contains septic tanks and
drainfields for sewage disposal. The slightest amount of nutrient loading in the stormwater runoff
causes a large impact to the Savannas ecosystem.
At the request of the County, the Savannas Task Force was created to address these problems.
The Task Force was comprised of representatives from the various regulatory agencies, including
officials representing the Savannas State Preserve and Federal agencies. The goal of the
Savannas Task Force was to reach a consensus on the design of a stormwater management system
for Indian River Estates and to facilitate permitting of the project.
In January 2008 construction began on the project. Part of the project requires the contractor to
build up an existing berm around one of the lakes in the Savannas. When construction began the
water level in the lake was greater than the normal elevation for that time of year. In order for
the berm to be built up the contractor needed to bring additional equipment and additional
embankment fill to construct the berm. The contractor also requested an additional one hundred
and twenty-two (122) days to complete this task. These items are the majority of costs in the
attached Change Order No. 1. Change Order No. 1 will raise the total contract amount from
$4,471,114.00 to $4,772,523.54. The funds are encumbered under the project's contingency. The
grant funds will not be impacted with this change order.
Attachment A: Change Order No. 1
Page 2 of 2
.
:HANGE ORDER
ST. LUCIE COUNTY
~ROJECT: Indian River Estates Storm water Improvements
name, address) Phase I Pump Station
CHANGE ORDER NUMBER: 1
INITIATION DATE: 7/25/08
ro (Contractor):
CONSULTANrs PROJECT NO.: N/A
ST. LUCIE COUNTY
CONTRACT NO: C07 -11-654
~Iose Construction, Inc.
:» 0 Box 2558
)keechobee,FL 34973
CONTRACT DATE: 11/27/07
(ou are directed to makè the following changes in this Contract:
(Additional sheet attached as Exhibit A - Yes)
SEE ATTACHED EXHIBIT "A"
-he original (Contract Sum) was........................................................................................................................... $4,471,114.00
~et change by previous authorized Change orders .............................................................................................................. $ -0-
-he (Contract Sum) prior to this Change Order was............................................................................................. $4,471,114.00
-he (Contract Sum) will be increased
IY this Change Order .................................. ............................................................................................................. $301,409.54
-he new (Contract Sum) including this Change Order will be.............................................................................. .$4,772,523.54
-he Contract Time will be increased by ...................................................................................................................... (122) Days
-he Date of Substantial Completion as of the date of this Change Order therefore is: 1219/08
:unds Available:
Account Number 102001-3725-563000-425056
-he adjustment in Contract Price and/or Contract Time stated in this C!lange Order shall comprise the total price and/or time adjustment due or owed
he Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that
he stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays
Issociated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work
Inder this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a
esult of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope
If the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor
hat the Ctiange Order represents an equitable adjustment to the Contract, and that Contractor will "Waive all rights to file a claim on this Change
)rder atter it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications.
Recommended:
S1. Lucie County. Encineerina Division
ArchitecVEngineer
2300 Virainia Ave.. F1. Pierce. FL 34982
Address
Approved:
Public Works DeDartment
S1. Lucie County Department
2300 Vircinia Ave.. F1. Pierce. FL
Address
34982
7/25/08
Date
By: Michael Harvey, E.1.
7/25/08
Date
By: Donald B. West, P.E. PIW Dir.
Agreed To:
Authorized:
S1. Lucie County: 2300 Virginia Ave., F1. Pierce, FL 34982
Close Construction. Inc.
Contractor
POBox 2558. Okeechobee. FL 34973
Address
By:
Date
Approved as to Form and Correctness
By:
Date
. County Attomey
Attachment A
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AGENDA REQUEST
ITEM NO. VI,G-1
DATE: 8-5-08
REGULAR [ 1
PUBLIC HEARING [ 1
CONSENT [Xl
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: Debbie Brisson, Director
Parks & Recreation
SUBMITTED BY: Parks & Recreation/Parks
SUBJECT: Approve Equipment Request# 08-334/Budget Amendment# 08-033
BACKGROUND: Staff is requesting approval to purchase four portable pitching mounds to be used at
county baseball/softball fields for youth leagues. Currently, the standard pitching mound has to be
removed and rebuilt by staff, taking 4-5 hours, to meet different league's field dimension requirements.
This equipment will promote more efficient use of man-hours and allow for quicker turn-around of field
usage, especially during tournaments and field rentals. Funds to cover the cost of the portable pitching
mounds, $9,836.00, are being consolidated from Parks Division and Recreation Division general fund
accounts. Recreation will transfer $1,029 from Acct. #001-7216-563000-7103 and $3,889 from Acct.
#001-7216-546100-7103 through BA08-033 to Parks Acct. #001-7210-564000-700 to match the existing
$4,918 in funds that Parks has available in that account for this purchase. Because these pitching mounds
were not included in the original FY 07/08 Budget, Board approval is needed at this time to purchase this
equipment.
FUNDS AVAILABLE: The Budget Amendment will make funds available in 001-7210-564000-700 (Parks,
Machinery and Equipment)
.
RECOMMENDATION: Staff requests that the Board approve Equipment Request No. 08-334 and Budget
Amendment No. 08-033 for the purchase offour portable pitching mounds, at a total cost of $9,836.00, for
the Parks Division.
COMMISSION ACTION:
[~APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
Douglas . nderson
County Administrator
{}¡
County Attorney: ,v{J
Da~Clntyre
Originating Dept.
Debra Brisson
Review and Approvals
Management & BUdget~ ~ Purchasing: X
arie Gouin ~-t..n(\"'l.r Desiree Cimino
!ß¡rl,¡c.¡^ µ'~ONßv.'¡A f-h l \
Other:
--I
Parks and Recreation Department
Memorandum
To:
Board of County Commissioners
Debra Brisson, Director ~
From:
Subject:
Approval of Agenda Item VI-Gl
Date:
July 23, 2008
Staff is requesting approval to purchase four portable pitching mounds that will be
used at county baseball/softball fields for youth leagues. Currently, the standard
pitching mound has to be removed and rebuilt by staff, taking 4-5 hours, to meet
different league's field dimension requirements. This equipment will promote more
efficient use of man-hours and allow for quicker turn-around of field usage, especially
during tournaments and field rentals. Funds to cover the cost of the portable pitching
moundsl $9/836.001 are being consolidated from general fund accounts. Recreation will
transfer $1,029 from Acct. #001-7216-563000-7103 and $3,889 from Acct. #001-
?216-546100-7103 through BA08-033 to Parks Acct. #001-7210-564000-700 to
match the existing $4/918 in funds that Parks has available in that account for this
purchase. Because these pitching mounds were not included in the original FY 07/08
Budget, Board approval is needed at this time to purchase this equipment.
Staff requests the Board approve Equipment Request No. 08-334 and Budget
Amendment No. 08-033 for the purchase of four portable pitching mounds, at a total
cost of $9,836.00, for the Parks Division.
DB: em
Attachment
cc: D. Anderson, County Administrator
L. Lowery, Assistant County Administrator
Chron File
Of" .,¡I'
J
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008
APPROVED:
YES
NO
NO
REVISED
REVISED
DEPARTMENT:
DIVISION:
PARKS AND RECREATION
PARKS
RECOMMENDED: X YES
JUSTIFICATION:
Staff is requesting approval to purchase four portable pitching mounds that will be used at county
baseball/softball fields for youth leagues. Currently, the standard pitching mound has to be removed
and rebuilt by staff, taking 4-5 hours, to meet different league's field dimension requirements. This
equipment will promote more efficient use of man-hours and allow for quicker turn-around of field
usage, especially during tournaments and field rentals. Funds to cover the cost of the portable
pitching mounds, $9,836.00, are being consolidated from Parks Division and Recreation Division
general fund accounts. Recreation will transfer $1,029 from Acct. #001-7216-563000-7103 and
$3,889 from Acct. #001-7216-546100-7103 through BA08-033 to Parks Acct. #001-7210-564000-
700 to match the existing $4,918 in funds that Parks has available in that account for this purchase.
Because these pitching mounds were not included in the orignal FY 07/08 Budget, Board approval is
needed at this time to purchase this equipment.
EQUIPMENT REQ#: EQ08-334
ACCOUNT#:
001-7210-564000-700
'-""
~
BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Parks and Recreation
PREPARED DATE: 7/11/2008
AGENDA DATE: 8/512008
'" ""," '" ", , ¡¡¡;;;;;e
ed';
"''' "~,
TO: 001-7210-564000-700 Machinery & Equipment $4,918
FROM: 001-7216-563000-7103 Infrastructure $1,029
001-7216-546100-7103 Building Maintenance $3,889
REASON FOR BUDGET AMENDMENT: To purchase four oortable oitchina mounds.
.
CONTINGENCY BALANCE: nla
THIS AMENDMENT: nla
REMAINING BALANCE: nla
DEPARTMENT APPROVAL:
OMB APPROVAL:
BUDGET AMENDMENT #: BA08-033
DOCUMENT # & INPUT BY:
"." ...
.........
AGENDA REQUEST
ITEM NO. VI-G ;;t
DATE: 8-5-08
REGULAR [ l
PUBLIC HEARING [ l
CONSENT [Xl
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: Debra Brisson
Parks & Recreation Director
SUBMITTED BY: Parks & Recreation
SUBJECT: St. Lucie School District Request to use (5) parks and (1) library site for
pickup and drop off locations
BACKGROUND: Parks and Recreation staff met with St. Lucie County School District
personnel concerning use of six county locations as pickup and drop off locations for
students attending the new Palm Pointe Research Center in the Tradition Development.
The six sites are Lakewood Park (on Kings Highway), Lawnwood Sports Complex (on Quincy
Ave. ), Palm Lake Park (Indian River Estates) 1 Weldon B. Lewis Park, Morningside
Library and South County Regional Stadium. The District is not intending to erect any
structures at these locations and is only requesting permission to use these sites as
gathering points where school buses can pick up and drop off the students.
The School District is requesting approval now, in advance of the beginning of the
school year, so that they can notify parents of these arrangements. Included in the
request to approve the District's use of these sites is a request to also authorize
the County Attorney to draft an inter local agreement with the School District,
formalizing the details.
FUNDS AVAILABLE: No funds are involved.
RECOMMENDATION: Staff requests that the Board approve the St. Lucie County School
District's request to use six county sites as pick up and drop off points for students
attending the new Palm Pointe Research Center in the Tradition Development. Staff
also requests that the Board authorize the County Attorney to draft an inter local
agreement to finalize the arrangement and authorize the chair to sign.
Approved 5-0
COMMISSION ACTION:
[ ~] APPROVED DENIED
[ ] OTHER:
Dou a;;Mi. Anderson
County Administrator
~ Review and Approvals
County Attorney: ',~anagement & BudgetAtMb ~ P~rchasing:
D01 if .s-, ,'I (, --h (1{J 1ÀrtJeil\ ~1btl. ÒI(\I~ ~c.t\(" ~(
'J Hill
Originating Dept. Other: Other:
... .
IftIIIJII"'Þ
Parks and Recreation Department
Memorandum
To:
Board of County Commissioners
Debra Brisson, Director ~
From:
Subject:
Approval of Agenda Item VI-G3
Date:
July 25, 2008
Parks & Recreation staff met with St. Lucie County School District personnel
concerning use of six county locations as pick up and drop off locations for students
attending the new Palm Pointe Research Center in the Tradition Development. The six
·sites are Lakewood Park (on Kings Highway), Lawnwood Sports Complex (on Quincy
Ave.), Palm Lake Park (Indian river Estates), Weldon B. Lewis Park, Morningside Library
and South County Regional Stadium. The District is not intending to erect any
structures at these locations and is only requesting permission to use these sites as
gathering points where school buses can pick up and drop off the students.
The School District is requesting approval now, in advance of the beginning of the
school year, so that they can notify parents of these arrangements. Included in the
request to approve the District's use of these sites, is a request to also authorize the
County Attorney to draft an interlocal agreement with the School District, formalizing
the details.
Staff requests that the Board approve the St. Lucie County School District's request
to use six county sites as pick up and drop off points for students attending the new
Palm Pointe Research Center in the Tradition Development. Staff also requests that
the Board authorize the County Attorney to draft an interlocal agreement to finalize
the arrangement 1 and authorize the chairman to sign.
DB: bjh
Attachment
cc: D. Anderson, County Administrator
L. Lowery, Assistant County Administrator
Chron File
Page 1 of 1
Patti Raffensberger - St. Lucie County Parks Community Bus Stops Request
From:
To:
Date:
Subject:
CC:
<A1exanderD@st1ucie.k12.fl.us>
<pattir@co.st-1ucie.fl.us>
7/24120084:12 PM
S1. Lucie County Parks Community Bus Stops Request
<brissond@stlucieco.gov>, <Marty _ Sanders/st1ucie@st1ucie.k12.fl.us>,
<Phi 1_ Vita1e/stlucie@stlucie.k12.fl.us>
"_^"",~W'^,,v,W""^'m_.._A_M_~N=~_=~""'_""'_"""'"w",w.',",'..N....mm,'-____y__.._=,w,,',~w'...m..,.·....w_·,M.~~"^'~~·,....______~~NN=.·~_-A_y_~'_=,,"'·____"<"".._·.M^N='~~~_W,~~.N_',.._."...............'.'.W"=N,'=".~.~,'W_""M...·'«...........^"~~-'_,_.__>~.·,~·~.w__·'=Nm,~~^~_,
In an effort to provide safe and efficient transportation service for the Palm Pointe Reserch Center
in Tradition, the St. Lucie County School District is considering utilizing several County parks as
community bus stops beginning this school year. As discussed in our meeting today, we are
requesting use of the following County parks for community bus stops:
Lakewood Park, servicing approximately 10 students
Lawnwood Stadium, (field west of softball) servicing approximatley 35 students
Palm Lake Park, servicing approximately 12 students
Weldon B. Lewis Park, servicing approximately 7 students
Morningside Library, servicing the South port aea
South County Regional Stadium, servicing the Torino area
We appreciate your assistance in placing this matter on the Board agenda for an August 5th
approval. Please do not hesitate to contact us if you need further information:
Thank you,
Desma Alexander, P.E.
District Growth Management Specialist
School Board of St. Lucie County
4204 Okeechobee Road
Fort Pierce, FL 34947-5414
Phone: (772) 429-3642
Fax: (772) 429-3644
f;lp.¡¡r.\íll"'lf'l11'np"t" "",r! C;;:ptt¡"rr,,\ árl1'n¡"¡dr,,,tl"'lr ()()()\T 1"'If'",1 c;;:ptt¡"o<~\Tp1'nn\yPCTrnm¡<:p\L1.~SHl 7/?':;¡/ì()()~
AGENDA REQUEST
ITEM NO: ~¡[/ H1
DATE: August 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [~
TO:
BOARD OF COUNTY COMMISSIONERS
/
.-'
PRESENTED BY: Corine C. Williams 0Á/'''';
Transit Manager
Approval to submit an application for FT A 5309 Federal
Appropriation request for buses and bus stop infrastructure.
SUBMITTED BY DEPT: Community Services
SUBJECT:
BACKGROUND:
See Attached Memo 08-210.
FUNDS AVAILABLE:
PREVIOUS ACTION:
N/A
See Attached Memo 08-210.
RECOMMENDATION:
Authorize to submit application for the FTA 5309 Federal
Appropriation request for buses and bus stop infrastructure.
COMMISSION ACTION:
[1ÌAPPROVED [] DENIED
[ ] OTHER: Approved 5-0
Dou las . Anderson
County Administrator
County Attorney: x 'v-..I-
h ......\..,,~ "i- '-'j ..;..;,... Danie1£. MG~~-\yr.Äí;
Originating Department X:.:--'."Z
Beth Ryder
Coordination/Sianatures /\,J! M J\
M~nagement & Budget x i\Í f ~1fff1\J":::'
1\a.c.ht.1 'PU\C.L '? Mo..I'"¡ e Q,ou.i n
Purchasing:
Other
Other:
Finance: x
Check for copy only, if applicable
COMMUNITY SERVICES
MEMORANDUM #08-210
TO:
Board of County Commissioners
FROM:
/
Corine C. Williams} Transit Managert.A/->
SUBJECT:
Approval to submit an application for FT A 5309 Federal
Appropriation request for buses and bus stop infrastructure.
DATE:
August 5, 2008
In the past years, St. Lucie County has received over $1,600,000 in Federal
appropriations for the purchase of fixed route and demand response buses.
Staff requests approval to submit requests for FT A 5309 FY 06/07 and FY
07/08 for the total amount of $418,000.00 for the purchase of buses and bus
stop infrastructure and associated capital maintenance costs for the
contracted transportation provider for St. Lucie County, Council on
Aging/Community Transit. The local match of $104,500.00 will be met with Toll
Revenue Credits.
Staff Recommendation:
The Chair to approve submission of application for FT A 5309 Federal
Appropriation request for purchase buses and bus stop infrastructure.
'i
DOT
n
,
-,í.l-}
."t~J··'
\) '.
o
FTA
..
U.S. Department of Transportation
Federal Transit Administration
Application for Federal Assistance
Recipient ID: 1024
Recipient Name: ST, LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Project D: FL-04-0308
Budget Number: 1 - Budget Pending Approval
Project Information: Purchase buses & Assoc Cap Maint Items
;)art 1: Recipient Information
Project Number: FL-04-0308
Recipient ID: 1024
Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Address: Community Services 2300 Virginia Avenue, FT. PIERCE. FL 34982 0000
Telephone: (772) 462-1777
Facsimile: (772) 462-1703
Union Information
Recipient ID: 1024
Union Name: NONE
Address 1: N/A
Address 2:
City: N/A. 000000000
Contact Name: N/A N/A
Telephone:
Facsimile:
E-mail:
Website:
Part 2: Project Information
I Project Type:
I Project Number:
\ Project Description:
Grant
FL-04-0308
I Gross Proiect
I Cost: -
r Adjustment Amt:
I\Total Eligible Cost: I
¡ I Total ï=TA Am: !
I l
$217.360
i Recìpient Type:
Purchase buses & Assoc Cap
I Maint Items
I County Agenc\
$0
$217,360
$217.360
1ttns ://ftaæamweo .fm.Got.gov/œamweul f\.pDÍ1catJons/\·leWr.>nnt/'/IewT).nntF~e".asr')GUII:=PRODU~TIOr· " 7/ 14/20m
.I..~"" ___ .I..I..I..l..L.
- -·C- '"
FTA Project Mgr: Christopher White
Recipient Contact: Beth Ryder
New/Amendment: New
Amend Reason: Initial Application
Fed Dom Asst. #: 20500
Sec. of Statute: 5309-2
State Appl. D: FM 418888-1
Start/End Date: -
Recvd. By State:
EO 12372 Rev: Not Applicable
Review Date: None Specified
Planning Grant?: NO
Program Date
(STIP/UPWP/FTA Jul. 01, 2007
Prm Pian) :
Program Page: 1335
Application Type: Electronic
Supp. Agreement?: No
Debt. Delinq. Details:
Total State Amt: $0
Total Local Amt: $0
Other Federal $0
Amt:
Special Cond Amt: $0
Special Condition: None Specified
S.C. Tgt. Date: None Specified
S.C. Eff. Date: None Specified
Est. Oblig Date: None Specified
Pre-Award No
Authority?:
Fed. Debt No
Authority?:
Final Budget?: No
\'
Jrbanized Areas
UZAID
123280
UZA Name
PORT ST. LUCIE. FL
:ongressional Districts
State ID District Code District Official
12 16 Tim Mahoney
12 23 Alcee L Hastings
)roiect Details
fhis Section 5309 (Earmark E2008-BUSP-0211) application is for the purchase of one (1) medium duty bus, less than 30 foot bus on
::;hev/GMC CC4500 chassis, to include farebox, ADA acccessibility and bike racks tor expansion of the fised route system and to
Jrovide associated capital maintenance items (tires and batteries). The total grant of Earmark E200B-BUSP-0211 is $217,360 for
~apital assistance of which the Federal amount is $217,360 which will be matched in toll revenue credits in the amount of $54.350.
:armarks
No information found.
iecu rit)'
No information found.
lttD?:! /ftateamwen .rta.ao:. govlIeamweÖ/ f'wni 1 cati om IV 1 ev,/T-'nnt/\/j ewPnntJ"eE; ,asp ?GtTII ,=PP~O DU ~TI!:)l'
7/14/10C),
)art 3: Budget
)roiect Budget
Quantity FTA Amount Tot. Eliq. Cost
SCOPE
111-00 BUS - ROLLING STOCK 1 $217,360.00 $217.360.00
ACTIVITY
11.13.04 BUY <30-FT BUS FOR 1 $175.000.00 $175.000.00
EXPANSION
11.12.40 BUY ASSOC CAP MAINT ITEMS 0 $42,360.00 $42,360.00
Estimated Total Eligible Cost: $217,360.00
Federal Share: $217 ,360.00
Local Share: $0.00
)THER (SCORes and Activities not included in Project Budget Totals)
None
~o Amendment Funding Source information is available for the selected project
\Itemative Fuel Codes
11.13.04
BUY <30-FT BUS FOR EXPANSION
Diesel Fuel
:xtended Budget Descriptions
11.13.04 I BUY <30-FT BUS FOR EXPANSION I 11 $175.000.00 I $175.000.00
Purchase one (1) less than 30 foot vehicle to to include farebox, ADA acccessibility and bike racks. for expansion of the fixed route
system. The total Federal share of the proposed capital program project is $175.000 which will be matched with toll revenue credits
in the amount of $43.750. The purchase price of each vehicle is $175.000.
11.12.40 IBUY ASSOC CAP MAINT ITEMS I 01 $42.360.00 I $42.360.00
Purchase tires and batteries as needed. The total Federal share ofthe proposed capital program project is $42.360 which will be
matched with toll revenue credits in the amount of $10.590.
:hanges sínce the Príor Budget
Unable to find chanae amount information.
=-art 4. Milestones
1ttOS:l IÍTateamwer. fta.am. gO\rJ team web/ f\.ÐDii ::an om/\ì¡ ewT'fI nt/Vi e\Vhl nth.es .as¡;?GUn
4/20m
l\.1VV ~ 11.l1l
- --C'~
,
11.13.04 BUY <30-FT BUS FOR EXPANSION
1
$175,000
$175.000
Milestone Description Est. Compo Date
1. RFP/IFB OUT FOR BID Sep. 01, 2008
2. CONTRACT AWARDED Sep. 30, 2008
3. FIRST VEHICLE DELIVERED Sep.30,2009
4. CONTRACT COMPLETE Sep.3û,2009
5. ALL VEHICLES DELIVERED Sep.30,2009
11.12.40 BUY ASSOC CAP MAINT ITEMS
o
$42,360
$42,360
Milestone Description Est. Compo Date
1. RFP/IFB Issued Sep.30.2008
2. Contract Award Sep.01,2009
3. Contract Complete Sep.30,2012
:>art 5. Environmental Findings
111304 BUY <30-FT BUS FOR
=XPANSION
1
$175,000
$175,000
=inding NO.1 - Class lI(c)
C17 - Purchase of vehicles
The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new
facilities which themselves are within aCE.
111240 BUY ASSOC CAP MAINT ITEMS
o
$42,360
$42,360
:inding NO.1 - Class Il(c)
C17 - Purchase of vehicles
The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new
facilities which themselves are within aCE.
::>art 6: Fleet Status
=ïxed Route
I
'Active Fleet
Ch9noel
6W
I
Before I
¡
mD~:/ IÍtateamweb. Itá..aOi.. ¥ov Iteam web/ ApnlIcan om; !\il ewPn n1/\'-1 ewPri ntkes .ast"ì:JUID=PRO DU::::TIOl
7 Ii 4/200
,
A. Peak Requirement 6 2 8
-
, 2 0 2
B. Spares
C. Total (A+B) 8 2 10
D. Spare Ratio (BfA) 33.33% 0.00% 25.00%
I. Inactive Fleet
A. Other 0 0 0
B. Pending Disposal 0 0 0
C. Total (A+B) 0 0 0
III. Total (I.C and II.C) 8 2 10
=ixed Route
3reakdown by fuel type
)iesel 8
)aratransit
Before Chanqe After
l. Active Fleet
A. Peak Requirement 21 2 23
B. Spares 9 0 9
C. Total (A+B) 30 2 32
D. Spare Ratio (BfA) 42.86% 0.00% 39.13%
II. Inactive Fleet
A. Other 0 0 0
B. Pending Disposal 0 0 0
C. Total (A+B) 0 0 0
III. Total (I.C and II.C) 30 2 32
Daratransit
Breakdown by fuel type (including new replacement vehicles)
::;NG/Gasolíne 6
Diesel 21
Gasoline only 3
Part 7. FTA Comments
No information found.
Part 8: Results of Reviews
fhe reviewer did not find any errors
:1ttn::. / /ftmeam"wec .ft2..ac:. gov /æamwet)/ t-\..pnÍl can onsr.,t 1 evrL-nnt !'J¡ ewLTl ntke::.asrnG~
7fí4J20m
DOT
ihr . .,f I
:") , /~...\ .Ü l
1·-" ¡,
ç-' ,
. \..' \
o
FTA
U.S. Department of Transportation
Federal Transit Administration
Application for Federal Assistance
Recipient ID: 1024
Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Project ID: FL-04-0304
Budget Number: 1 - Budget Pending Approval
Project Information: Purchase buses & Assoc Cap Maint Items
Part 1: Recipient Information
Project Number: FL-04-0304
Recipient ID: 1024
Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
Address: Community Services 2300 Virginia Avenue, FT. PIERCE, FL 349820000
Telephone: (772) 462-1777
, Facsimile: (772) 462-1703
Union Information
Recipient ID: 1024
I Union Name: NONE
¡Address 1: N/A
¡Address 2:
¡City: N/A, 00000 0000
i Contact Name: N/AN/A
Telephone:
I Facsimile:
iE-mail:
I Website:
Part 2: Project Information
Project Type: Grant
I Project Number: FL-04-0304
\ Project Description: Purchase buses & Assoc Cap
Maint Items
Recipient Type: County Agency
l
Gross Project $200.640 I
Cost:
Adjustment Amt: $0
Total Eligible Cost: $200.640
Total FTA Amt: $200.640 I
, I
i
nttos ://ftateamweb .fta.àot.gov/teamweb/ApoiicaÜons/ViewPrintrViewPrintKes.aSD?GUID=PRODU:=nOl, :... 7/14/200f
FTA Project Mgr: Christopher White
Recipient Contact: Beth Ryder
New/Amendment: New
Amend Reason: Initial Application
Fed Dom Asst. #: 20500
Sec. of Statute: 5309-2
State AppL ID: FM 418841-1
Start/End Date: -
Recvd. By State:
EO 12372 Rev: Not Applicable
Review Date: None Specified
Planning Grant?: NO
Program Date
(STIP/UPWP/FTA May. 02, 2007
Prm Plan) :
Program Page: 1399
Application Type: Electronic
Supp. Agreement?: No
Debt. Delinq. Details:
Total State Amt: $0
Total Local Amt: $0
Other Federal $0
Amt:
Special Cond Amt: $0
Special Condition: None Specified
S.C. Tgt. Date: None Specified
S.C. Eff. Date: None Specified
Est. Oblig Date: None Specified
Pre-Award No
Authority?:
Fed. Debt No
Authority?:
Final Budget?: No
Jrbanized Areas
UZAIO
123280
UZA Name
PORT ST. LUCIE, FL
~ongressional Districts
State 10 District Code District Official
12 16 Tim Mahoney
12 23 Alcee L Hastings
:>roiect Details
This Section 5309 (Earmark E2007 -BUSP-0211) application is for the purchase of one (1) medium duty bus, less than 30 foot bus on
::;hev/GMC CC4500 chassis. to include farebox, ADA acccessibility and bike raCKS Tor expansion of the fised route system and to
orovide associated capital maintenance items (tires and batteries). The total grant of Earmark E2007 -BUSP-0211 is $200,640 for
:apital assistance of which the Federal amount is $200,640 whick will be matched in toll revenue credits in the amount of $50,160.
:armarks
:'armark Details
Earmark 10 Earmark Name Orig. Balance Amount
Applied
E2007 -BUSP-0211 St. Lucie County. FL Purchas ! $200.640 $0
lITD: //ftmeamwetJtta.áo:. gov /teamweb/ Annì icatiOlE !\h ewPrint/V¡ ewPrintRe=: .as[1?GUrI,=PRO DUCTP)l"
7/14/200;
.Jumber of Earmarks: 1
.
~otal Amount Applied: $0
Jate Sent for Release:
Jate Released:
iecurity
No information found.
0art 3: Budget
::>roiect Budget
Quantity FTA Amount Tot. EliQ. Cost
SCOPE
111-00 BUS - ROLLING STOCK 1 $200.640.00 $200.640.00
ACTIVITY
11.13.04 BUY <30-FT BUS FOR 1 $175,000.00 $175.000.00
EXPANSION
11.12.40 BUY ASSOC CAP MAINT ITEMS 0 $25,640.00 $25.640.00
Estimated Total Eligible Cost: $200,640.00
Federal Share: $200,640.00
Local Share: $0.00
JTHER (Scopes and Activities not included in Proiect Budget Totals)
None
\io Amendment Fundina Source information is available for the selected proiect
A.lternative Fuel Codes
11.13.04
BUY <30-FT BUS FOR EXPANSION
Diesel Fuel
~xtended Budget Descriptions
11.13.04
BUY <30-FT BUS FOR EXPANSION
11
$175.000.00
$175.000.00
I Purchase one (1) less than 30 foot vehicle to to include farebox. ADA acccessibility and bike racks. for expansion of the fixed route
system The total Federal share ofthe proposed capital program project is $175.000 which will be matched with toll revenue credits
,in the amount of $42.750. The purchase price of each vehicle is $175.00C
anps :IIÙateamwec .fta.åm.gov/team weD/Apoí¡ catlom:/ViewPnnt/VlewT'rintF'~e:;.asD?GUID=PF:.()DtJ=TIO h -. 7/14/20Of
11.12.40
I BUY ASSOC CAP MAINT ITEMS
T oT
$25,640.00 I
$25,640.00 ·
Purchase tires and batteries as needed. The total Federal share of the proposed capital program project is $26,640 which will be
matched with toll revenue credits in the amount of $6,410.
:hanges since the Prior Budget
Unable to find change amount information.
)art 4. Milestones
11.13.04 BUY <30-FT BUS FOR EXPANSION
1
$175,000
$175,000
Milestone Description Est. Compo Date
1. RFP/IFB OUT FOR BID Sep.01,2008
,., CONTRACT AWARDED Oct. 01. 2008
-:'.
3. ALL VEHICLES DELIVERED Oct. 01, 2008
4. FIRST VEHICLE DELIVERED Mar. 01,2009
5. CONTRACT COMPLETE Mar. 01, 2009
11.12.40 BUY ASSOC CAP MAINT ITEMS
o
$25,640
$25,640
Milestone Description Est. Camp. Date
1. Contract Award Sep.01.2008
2. RFP/IFB Issued Oct. 01 , 2008
3. Contract Complete Sep.30.2009
~art 5. Environmental Findings
111304 BUY <30-FT BUS FOR
=XPANSION
1
$175,000
$175,000
:indina NO.1 - Class lI(c)
C17 - Purchase of vehicles
The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new
facilities which themselves are within aCE.
111240 BUY ASSOC CAP MAINT ITEMS
o
$25,640
$25,640
:iIJdina Nº-,-J-=-~Ja~~~IlCº-)
¡tm:; //ftateam wee .fl&.om.~.mvlteamv,reb. f'>.Dollcanom /c./¡ e'wT-"nni "lewl-"nnŒ.es.asn?G un ,=unÜDU ~TIO ì
7/1 ¿U20a'
C17 - Purchase of vehicles
. The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new
facilities which themselves are within aCE.
)art 6: Fleet Status
:ixed Route
Before Change After
i. Active Fleet
A. Peak Requirement 6 2 8
B. Spares 2 0 2
C. Total (A+B) 8 2 10
D. Spare Ratio (B/A) 33.33% 0.00% 25.00%
II. Inactive Fleet
A. Other 0 0 0
B. Pending Disposal 0 0 0
C. Total (A+B) 0 0 0
III. Total (loC and 1l.C) 8 2 10
;:ïxed Route
Breakdown by fuel type
DieselS
)aratransit
Before Chanoe After
l. Active Fleet
A. Peak Requirement 21 2 23
B. Spares 9 0 9
C. Total (A+B) 30 2 32
D. Spare Ratio (B/A) 42.S6% 0.00% 39.13%
II. Inactive Fleet
A. Other 0 0 0
B. Pending Disposal 0 0 0
C. Total (A+B) 0 0 0
III. Total (loC and IloC) 30 2 32
lp .
aratranslt
Breakdown by fuel type (including new replacement vehicles)
CNG/Gasoline 6
Diesel 21
Gasoline only 3
Part 7. FTA Comments
lttDS ://ftatearnweb .fta.ao:..gov/æarnwebl Apni i callon~;f\ilewPrin':/Vi e\vÝnntRes,asi,?GUI[;=PRODlr::'TIOl.. :, 7/14/200f
)art 8: Results of Reviews
'he reviewer did not find any errors
1ttD~;:1 If tate am web .rta.ao:.. !!ov/reamweÖlp~PDi ìcati ons/\.'¡ ewI'nnt/VI ewhintke~;.asv?GTJIr'=PRODTJ=TIOJ\· ~
7 II Lil20er
AGENDA REQUEST
ITEM NO: VI- HJ
DATE: August 5,2008
REGULAR [ ]
PUBLIC HEARING []
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services Department
SUBJECT:
PRESENTED BY: Jessica ParrisL 2
Housing coord~~or
Approval of Budget Resolution No. 08-252 to budget the funds from the State FY09
State Housing Initiative Partnership (SHIP) allocation to Housing Assistance -
Discretionary and Housing Assistance - Mandatory.
BACKGROUND:
The Florida Housing Finance Corporation disperses the funding quarterly; therefore
it is necessary to do a Budget Resolution to properly allocate the funds for the first
quarter. On June 15, 1993, the Board approved Ordinance 93-017 establishing the
Chapter 1-10-5, Article IV, State Housing Initiative Partnerships of St. Lucie County
(SHIP-SLC). Due to the difference in start dates of the State and County Fiscal Year,
funds are budgeted in the current and next County Fiscal Year. Additionally, any
funds recaptured through the repayment of mortgage assistance are required to be
deposited into the current Fiscal Year account.
FUNDS AVAIL:
185010-5420-335510-500 (SHIP FY09)
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends approval of Budget Resolution No. 08-252 to budget the funds
from the State FY09 SHIP allocation to Housing Assistance - Discretionary and
Housing Assistance - Mandatory.
::r¡
/ ."~
. "
Doug . Anderson
County Administrator
coordination/Signat~~,~ "
ManaQement & Budget x~ HtfVJ
'f'~;Út..M...(.s'¡'Of\/MtAr;e 6/X.Ùn
Utner:
COMMISSION ACTION:
00 APPROVED [ ] DENIED
[ ] OTHER Approved 5-0
C(£unty Attorney: x
",,,,¿ I '). ML:I.(¡l-Y'-i'-: /..
Originating Department: x': :~:::tJ2...
ßd" '¡:¿''IC¡ eí
Finance: x Check for copy only, if åpplicable
Purchasing:
Other:
COMMUNITY SERVICES
MEMORANDUM #08-220
TO:
FROM:
Board of County Commissioners
Jessica Parrish, Housing Project Coordinator P
Approval of Budget Resolution 08-252 State F~9 State Housing
Initiative Partnership (SHIP)
SUBJECT:
DATE:
August 5, 2008
Staff requests approval of Budget Resolution No. 08-252 to budget the funds from
the State FY09 State Housing Initiative Partnership (SHIP) allocation to Housing
Assistance - Discretionary and Housing Assistance - Mandatory.
The Florida Housing Finance Corporation disperses the funding quarterly; therefore
it is necessary to do a Budget Resolution to properly allocate the funds for the first
quarter. On June 15, 1993, the Board approved Ordinance 93-017 establishing the
Chapter 1-10-5, Article IV, State Housing Initiative Partnerships of St. Lucie County
(SHIP-SLC). Due to the difference in start dates of the State and County Fiscal Year,
funds are budgeted in the current and next County Fiscal Year. Additionally, any
funds recaptured through the repayment of mortgage assistance are required to be
deposited into the current Fiscal Year account.
Recommendation:
Staff recommends approval of Budget Resolution No. 08-252 to budget the funds
from the State FY09 SHIP allocation to Housing Assistance - Discretionary and
Housing Assistance - Mandatory.
-
WHEREAS, Subsequent to the adoption of the St. Lucie County Board of County Commissioners bUdget
for St. Lucie County, certain funds not anticipated at lhe time of adoption of the bUdget have become
available In the form of the first quarter allocalion from lhe Florida Housing Finance Agency SHIP, in the
amount of $175,405
RESOLUTION NO. 08-252
WHEREAS, Section 129,06 (d), Florida Slatules, requires the Board of County Commissioners to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOL VEn by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 5th day of August, 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
185010-5420-335510_600
Florida Housing Finance Agency
$175,405
APPROPRIA nONS
185010-5420-512000_500
185010-5420-549600_500
185010-5420-549601_500
Salaries
Housing Assistance-Discretionary
Housing Assistance-Mandatory
$17,541
$110,504
$47,360
After motion and second the vote on this resolution was as follows:
Commissioner Joseph E. Smith, Chai~person
Commissioner Paula Lewis, Vice Chairperson
Commissioner Chris Craft
Commissioner Doug Coward
Commissioner Charles Grande
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED THIS 5th DAY OF AUGUST, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
AGENDA REQUEST
ITEM NO: V I- H.3
DATE: August 5, 2008
REGULAR [ ]
PUBLIC HEARING []
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services Department PRESENTED BY: Jessica parrish. P
Housing coor4&ìor
SUBJECT:
Approve applying for a $750,000 funding request to the Florida
Department of Community Affairs for funds to assist with various eligible
CDSG Housing Activities such as new construction, rehabilitation and
replacement, and permission to advertise Two Public Hearings.
BACKGROUND:
Please see memorandum 08-218.
PREVIOUS ACTION:
185009-5420-335510-5,00 (FY 08/09 SHIP) (Match)
NA
FUNDS AVAIL:
RECOMMENDATION:
Authorize submittal of a $750,000 funding request to the Florida
Department of Community Affairs and permission to advertise the First
Public Hearing on August 19, 2008 at 6:00 p.m. or as soon thereafter and
the Second Public Hearing on September 9,2008 at 9:00 a.m. or as soon
thereafter and authorize Chair to sign necessary application documents.
:J¿:
Dou la . Anderson
County Administrator
Coordi nation/Signatu r:\ /'
Management & Budget x~ ()~
fll'flllCol~ MA~arie Gouin
COMMISSION ACTION:
[~APPROVED [ ] DENIED
[ ] OTHER
Approved 5-0
County Attorney: x
Daniel S. Mcintyre /l '
Originating Department: £~·ÁI.é(;;---
Beth Ryder
Purchasing:
Other:
Other:
COMMUNITY SERVICES
MEMORANDUM #08-218
TO: Board of County Commissioners
FROM: Jessica Parrish, Housing Project Coordinator f
SUBJECT: Permission to advertise first public hearing for the FFY 2008
Community Development Block Grant (CDBG) Application
DATE: August 5, 2008
On July 14, 2008 the Department of Community Affairs advertised a Notice of Funds
Available (NOFA) to eligible communities for the purpose of rehabilitating low-to-
moderate income housing. The Housing Division is committed to helping low-to-
moderate income homeowners repair their homes and bring older homes up to
current standards. The grant application is due September 29,2008.
It is necessary to conduct two Public Hearings and two Fair Housing Workshops as
part of the application process. The First Public Hearing is to obtain the views of S1.
Lucie County citizens on the housing needs of S1. Lucie County.
Recommendation:
Authorize submittal of a $750,000 funding request to the Florida Department of
Community Affairs and permission to advertise the First Public Hearing on August
19, 2008 at 6:00 p.m. or as soon thereafter and the Second Public Hearing on
September 9, 2008 at 9:00 a.m. or as soon thereafter and authorize Chair to sign
necessary application documents.
..
-
f
AGENDA REQUEST
ITEM NO: Ilf /-it-{
DATE: August 5,2008
REGULAR [ ]
PUBLIC HEARING []
CONSENT [~
SUBJECT:
PRESENTED BY: Jessica parrish/?
Housing Coordinator
Approval of Budget Resolution No. 08-254 to budget the funds from the Florida
Department of Community Affairs Disaster Recovery Initiative.
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services Department
BACKGROUND:
FUNDS AVAIL:
See attached Memorandum No. 08-222.
001432-6420-334693-600 (CDBG DRI Supplemental FY 08)
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends approval of Budget Resolution No. 08-254 to budget the funds
from the Florida Department of Community Affairs Disaster Recovery Initiative.
[XJ APPROVED [ ] DENIED
[ ] OTHER
Approved 5-0
COMMISSION ACTION:
Dou as . Anderson
County Administrator
0"1
County Attorney: x ¡/d
Daniel S. Mcintyre
Originating Department l~4;V
Beth Ryder
Finance: x Check for copy only, if applicable
Coordination/Sig natures
Management & Budget x_R rf. 4, 'Ù- .
Rachel Pena/Marie Gouin J¿1'\t\.: ~ ~ \ \
Other:
Purchasing:
Other:
·
,
COMMUNITY SERVICES
MEMORANDUM #08-222
FROM:
Board of County Commissioners
Jessica Parrish, Housing Project coordinatorD
Approval of Budget Resolution 08-254 for th';"¿D~G
Supplemental
TO:
SUBJECT:
DATE:
August 5,2008
Staff requests approval of Budget Resolution No. 08-254 to budget the funds from
the Florida Department of Community Affairs Disaster Recovery Initiative.
Florida Department of Community Affairs recently allocated funds for additional
Disaster Recovery Funds. 70% of the total allocation is for housing the low-to-
moderate income residents in St. Lucie County. St. Lucie County entered into an
interlocal agreement with the Cities of Fort Pierce and Port St. Lucie to allow St.
Lucie County to fund activities within the incorporated cities.
Recommendation:
Staff recommends approval of Budget Resolution No. 08-254 to budget the funds
from the Florida Department of Community Affairs Disaster Recovery Initiative.
RESOLUTION NO. 08- 254
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 grant from the Florida 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 5th day of August, 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
001432 -6420-334693-600
Department of Community Affairs
$4,221,158
APPROPRIATIONS
001432-6420-512000-600
001432 -6420-549605-600
001432 -6420-549610-600
001432-6420-581090-600
001432-6420-581085-600
Salaries
Domestic Subsidy
Contractual Subsidy
Fort Pierce
Port St. Lucie
$124,219
$ 80,000
$1,283,979
$1,366,480
$1,366,480
After motion and second the vote on this resolution was as follows:
Commissioner Josepn 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 5th DAY OF AUGUST, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
\
AGENDA REQUEST
ITEM NO: ff t+ S
DATE: August 5,2008
REGULAR [ ]
PUBLIC HEARING []
CONSENT [X]
SUBJECT:
PRESENTED BY: Jessica Parris' ¡£)
Housing coord~t~r
Approval of Budget Resolution No. 08-249 to budget the funds from the My Safe
Florida Home grant.
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services Department
FUNDS AVAIL:
PREVIOUS ACTION:
The My Safe Florida Home Program was created by Florida Statute 215.5586 to
assist Floridians strengthen and/or harden their homes in preparation for natural
disasters and to prevent property losses. The My Safe Florida Home Program is
being implemented by the Florida Department of Financial Services.
189202-6420-334695-600 (My Safe Florida Home)
On October 23, 2007 the Board approved applying for the My Safe Florida Home
grant. On January 15, 2008 the Board approved the grant agreement between the
Department of Financial Services and St. Lucie County for the My Safe Florida Home
grant. On May 13, 2008, the Board approved Budget Resolution No. 08-168 to
budget the funds from the My Safe Florida Home grant, which contained an incorrect
fund number.
BACKGROUND:
RECOMMENDATION:
Staff recommends approval of Budget Resolution No. 08-249 to budget the funds
from the My Safe Florida Home grant.
-
[}() APPROVED [ ] DENIED
[ ] OTHER Approved 5-0
Dou as . Anderson
County Administrator
o Coordination/Signatures
County Attorne. p .' t ;.2. M"ogeme,' & B"ge' ,/I tf ~; ,,; \\
Dr"II.' < "';¡~ ...)e. .Çe< hI
Originating ó~pa-ri~e~t'l ' Other:
ße-4+- R'-Idu
Finance: x ChecK for copy only, if applicable
COMMISSION ACTION:
Purchasing:
Other:
·
COMMUNITY SERVICES
MEMORANDUM #08-223
TO:
FROM:
Board of County Commissioners
Jessica Parrish, Housing Project Coordinator D
Approval of Budget Resolution 08-249 for the J(~afe Florida
Home Grant
SUBJECT:
DATE:
August 5, 2008
Staff requests approval of Budget Resolution No. 08-249 to budget the funds from
the My Safe Florida Home grant. On May 13, 2008, the Board approved Budget
Resolution No. 08-168 to budget the funds from the My Safe Florida Home grant,
which contained an incorrect fund number. This error was discovered and Budget
Resolution No. 08-168 was not processed, therefore is replaced by 08-249.
The My Safe Florida Home Program was created by Florida Statute 215.5586 to
assist Floridians strengthen and/or harden their homes in preparation for natural
disasters and to prevent property losses. The My Safe Florida Home Program is
being implemented by the Florida Department of Financial Services.
Recommendation:
Staff recommends approval of Budget Resolution No. 08-249 to budget the funds
from the My Safe Florida Home grant.
RESOLUTION NO. 08-249
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 Grant from the Department of Financial Services, in the amount of $1 ,000,000
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 5th day of August, 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
189202-6420-334695-600
Department of Financial Services
$1,000,000
APPROPRIATIONS
189202-6420-534000-600
Other Contractual Services
$1,000,000
After motion and second the vote on this resolution was as follows:
Commissioner Joseph E. Smith, Chairperson
Commissioner Paula Lewis, Vice Chairperson
Commissioner Chris Craft
Commissioner Doug Coward
Commissioner Charles Grande
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED THIS 5th DAY OF AUGUST, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
-é"
4'
AGENDA REQUEST
ITEM NO:n~ Ii It:
DATE: August 5,2008
REGULAR [ ]
PUBLIC HEARING []
CONSENT [~
PRESENTED BY: Jessica Parrish 0
Housing coord~t~r
Approval of Budget Resolution No. 08-253 to budget the funds from the FY 07
HOME Consortium allocation.
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services Department
SUBJECT:
BACKGROUND:
'III.
FUNDS AVAIL:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
The HOME Investment Partnerships Program was created through the National
Affordable Housing Act of 1990. The purpose of the HOME Program is to increase
the supply of safe, decent, sanitary and affordable housing for low and very-Iow-
income households. HOME funds are allocated to states and local jurisdictions as
one of four community development formula grant programs administered by the
U.S. Department of Housing and Urban Development (HUD). Each year Congress
allocates HOME Program funds by formula to state and local governments.
189100-6420-331510-600 (HOME Consortium)
On February 26, 2002 the Board approved to submit a letter of intent indicating the
intention of 81. Lucie County and the City of Fort Pierce to form a HOME Consortium.
On March 14, 2006 the Board approved applying for funding through the HOME
program. On June 6, 2006 the Board approved forming the S1. Lucie County HOME
Consortium with Indian River and Martin Counties, with S1. Lucie County as the lead
entity, as well as submitting the application for funding. The S1. Lucie County HOME
Consortium is required to contribute a 25% match to the funding received. Also, for
the first year, the S1. Lucie County HOME Consortium is required to contribute
$91,088. On February 26,2008, the Board approved Budget Resolution No. 08-073
to budget the funds from the FY 07HOME Consortium allocation, which contained an
incorrect fund number.
Staff recommends approval of Budget Resolution No. 08-253 to budget the funds
from the FY 07 HOME Consortium allocation.
[Xl APPROVED [ ] DENIED
[ ] OTHER Approved 5-0
:1
Dou as Anderson
County Administrator
Coordi nation/Signatures
Management & Budget x~ ~ ~ ~. Purchasing:
Rachel Pena/Marie Gouin ,).c.",,,, ...n \\
County Attorney: x
Daniel S. Mcintyre &)-/
Originating Department: ~
Beth Ryder
Finance: x Check for copy only, if applicable
Other:
Other:
~
.. . I
.
COMMUNITY SERVICES
MEMORANDUM #08-221
TO: Board of County Commissioners
FROM: Jessica Parrish, Housing Project Coordinator ~
SUBJECT: Approval of Budget Resolution 08-253 for the FY 07 HOME
Consortium allocation
DATE: August 5,2008
Staff requests approval of Budget Resolution No. 08-253 to budget the funds from
the FY 07 HOME Consortium allocation. On February 26,2008, the Board approved
Budget Resolution No. 08-073 to budget the funds from the FY 07HOME
Consortium allocation, which contained an incorrect fund number. This error was IÞ
discovered and Budget Resolution No. 08-073 was not processed, therefore is
replaced by 08-253.
The HOME Investment Partnerships Program was created through the National
Affordable Housing Act of 1990. The purpose of the HOME Program is to increase
the supply of safe, decent, sanitary and affordable housing for low and very-Iow-
income households. HOME funds are allocated to states and local jurisdictions as
one of four community development formula grant programs administered by the
U.S. Department of Housing and Urban Development (HUD). Each year Congress
allocates HOME Program funds by formula to state and local governments.
Recommendation:
Staff recommends approval of Budget Resolution No. 08-253 to budget the funds
from the FY 07 HOME Consortium allocation.
RESOLUTION NO. 08- 253
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 grant from the U.S. Department of Housing and Urban Development.
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 5th day of August, 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
189100-6420-331510-600
189100-6420-337515-600
189100-6420-337520-600
Housing and Urban Development
Martin County
Indian River County
$ 671,573
$ 23,683
$ 22,772
APPROPRIATIONS
189100-6420-534000-600
189100-6420-581065-600
189100-6420-581093-600
189100-6420-549600-600
189100-6420-599330-600
Other Contractual Services
Martin County
Indian River County
Housing Discretionary
Reserves
$ 54,641
$151,543
$145,715
$240,968
$125,161
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 5th DAY OF AUGUST, 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
l'/
AGENDA REQUEST
ITEM NO: $ - Hl
DATE:
August 5, 2008
REGULAR [ ]
PUBLIC HEARING []
CONSENT [~
SUBJECT:
PRESENTED BY: Jessica Parrish .~
Housing coordi~t~r
Approval of the Seventh Amendment to January 15, 1998 Agreement with Habitat for
Humanity to include New Construction Strategy, payment schedule for new
construction and donation of lot.
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Services Department
BACKGROUND:
On January 15, 1998 the County entered into an agreement with Habitat for
Humanity to act as Project Manager for all SHIP rehabilitation projects. See
attached Memorandum No. 08-225.
FUNDS AVAIL:
N/A
PREVIOUS ACTION:
On March 28, 2006 the Board approved Amendment 6 to the agreement with Habitat
for Humanity to include all funding sources the Community Services Housing
Division receives.
RECOMMENDATION:
Staff requests approval of the Seventh Amendment to January 15, 1998 Agreement
with Habitat for Humanity and authorize Chair to sign the necessary documents.
"
Do las . Anderson
County Administrator
Coordination/Signatures
M,"a"m'"' & .,dget ,-ßt~, ~
Rachel Pena/Marie Gouin .)(,.nl"il ~\
COMMISSION ACTION:
[~APPROVED [ ] DENIED
[ ] OTHER Approved 5-0
i L1
'^-.
County Attorney: x /.J rP-.
Daniel S. Mcintyre
Originating Department: x /j"'.
Beth Ryder
Finance: x Check for copy only, if applicable
'\. f'
, . \.
Purchasing: x \.. " '-
. . .
'\.:,i.......:.h'C..:.· \-....'~,"""L)
Other:
Other:
\"
COMMUNITY SERVICES
MEMORANDUM #08-225
TO:
FROM:
Board of County Commissioners
Jessica Parrish, Housing Project Coordinator ~
Approval of the Seventh Amendment with Habitat for Humanity
SUBJECT:
DATE:
August 5, 2008
Staff requests approval of the Seventh Amendment to January 15, 1998 Agreement
with Habitat for Humanity New Construction Strategy, payment schedule for new
construction and donation of lot.
On January 15, 1998 the County entered into an agreement with Habitat for
Humanity to act as Project Manager for all SHIP rehabilitation projects.
On March 28, 2006 the Board approved Amendment 6 to the agreement with Habitat
for Humanity to include all funding sources the Community Services Housing
Division receives.
Recommendation:
Staff requests approval of the Seventh Amendment to January 15, 1998 Agreement
with Habitat for Humanity and authorize Chair to sign the necessary documents.
·
I
SEVENTH AMENDMENT TO JANUARY 15, 1998 AGREEMENT
THIS SEVENTH AMENDMENT, made and entered into this 5th day of August, 2008, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter refereed to as
the "County," and ST. LUCIE COUNTY HABITAT FOR HUMANITY, INC., a not-for-profit
corporation under the laws of the State of Florida, hereinafter referred to as "Habitat."
WITNESSETH:
WHEREAS, pursuant to Sections 420.907 through 420.9079, Florida Statutes (2005), Chapter 91-
37, Florida Administrative Code, and St. Lucie County Ordinance No. (collectively the "SHIP Act"), the
County, through its Community Services Division, serves as the administrator of the St. Lucie County
SHIP Program, hereinafter referred to as the "SHIP Program"; and,
WHEREAS, the SHIP Program funding cycles includes funding for repair and/or rehabilitation of
residential units in St. Lucie County; and,
WHEREAS, on January 15, 1998, the parties entered into an agreement wherein Habitat agreed to
assist the County in the administration of repair and/or rehabilitation projects using 1997-98 SHIP Program
funding cycle monies, hereinafter referred to as the "Agreement"; and,
WHEREAS, on February 9, 1999, the parties entered into a First Amendment to the Agreement to
incorporate an additional allocation of SHIP funds received by the County for the State of Florida fiscal
years 1998-1999 and 1999-2000 and extend the term of the Agreement to include these additional funding
cycles; and,
WHEREAS, on December 21, 1999, the parties entered into a Second Amendment to the
Agreement to clarify that SHIP Program funds are available during a twenty-four (24) month funding cycle
rather than a twelve (12) month fiscal year and to provide for the County to compensate Habitat for roof
and/or septic tank repairs upon completion of the repairs rather than wait until completion of an entire
repair project; and,
WHEREAS, on August 8, 2000, the parties entered into a Third Amendment to extend the term
through the 2002-03 SHIP funding cycle, subject to the continued availability of SHIP funding for the
County; and,
WHEREAS, on May 25, 2004 the parties entered into a Fourth Amendment to extend the
agreement through the 2004-05 SHIP funding cycle, subject to the continued availability of SHIP funding
for the County, and clarify the Scope of Work and compensation procedures, hereinafter referred to as the
"Fourth Amendment"; and,
WHEREAS, on March 22, 2005, the parties entered into a Fifth Amendment in order to increase
the amount which may be spent per residential unit.
WHEREAS, on March 28, 2006, the parties entered into a Sixth Amendment to utilize all funding
sources the County shall receive, increase the amount which may be spent per residential unit and provide
funding for all funding cycles through and including September 30,2011.
WHEREAS, the parties desire to further amend the Agreement in order to utilize the down
payment strategy of St. Lucie County's Local Housing Assistance Plan.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
to amend the Agreement as follows:
1. Paragraph 3 of the Agreement shall be amended to read as follows:
·
\
3. PROJECT MANAGER
The Project Manager for the County is Beth Ryder, St. Lucie County Community
Services Director at (772) 462-1772. The Project Manager for Habitat for Humanity is
Patricia Scott at (772) 464-1117.
The parties shall direct all matters arising in connection with the performance of this
Agreement, other than invoices and notices, to the attention of the Project Managers for
attempted resolution or action. The Project Managers shall be responsible for overall
resolution or action. The Project Managers shall be responsible for overall coordination
and oversight relating to the performance of this Agreement.
2. Paragraph 5 of the Agreement shall be amended to read as follows:
5. COMPENSATION
The County agrees to pay Habitat a total amount not to exceed the available program
monies per unit, payable as follows:
A. Repair, rehab or the new construction of a residential unit - Up to a total of
eighty thousand and 00/100 dollars ($80,000.00) per unit plus a lot as
provided by the County, based on availability, and subject to the conditions
herein set forth. In the event the cost is in excess of eighty thousand and
00/100 dollars ($80,000.00), prior written approval by the County Project
Manager will be required before the additional work is commenced.
The requests for payment shall include evidence satisfactory to the County of all
material, bills, and other indebtedness incurred by Habitat in connection with the
repair, rehabilitation or new construction of the residential unit. After all
repairs, rehabilitation or construction have been completed, inspected, and
approved for each unit, the County's Project Manager shall promptly issue a
final certificate. Final payment shall be due within fifteen (15) business days
after the County's Project Manager issues the final certificate.
Anything herein to the contrary notwithstanding, any and all obligations of the
County to make any and all payment to Habitat are expressly conditioned upon
receipt of, and authorization to expend, all program funding received by the
County, and are expressly conditioned upon appropriation thereof by the Board
of County Commissioners of St. Lucie County, Florida. In the event said funds
are not expended as required under this Agreement, the County or Habitat may
apply for an exemption as provided under Rule 91-37.0021(17), Florida
Administrative Code.
3. Exhibit "A", Scope of Work, attached to the Agreement and the Fourth Amendment is
deleted in its entirety and the attached Exhibit "A", Scope of Work, is substituted in its
place.
4. All other terms and conditions of the Agreement, as amended, shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Seventh
Amendment upon the terms and conditions above stated on the day and year first above written.
2
'"
¡
,
ATTEST:
DEPUTY CLERK
WITNESSES:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ST. LUCIE COUNTY HABITAT FOR
HUMANITY, INC.
BY:
PRESIDENT
3
·
,
,
EXHIBIT "A"
SCOPE OF WORK
1. EMERGENCY REPAIR/REHABILITATION STRATEGY
It is the purpose of the Emergency Repair/Rehabilitation Strategy to assist with emergency repairs
on residential units in the unincorporated portions of S1. Lucie County, thus allowing residential units to
continue in the housing stock. Applicants for the Repair/Rehabilitation Strategy will receive awards on a
first-come, first completed, first-served basis. Only repairs considered an "emergency" will be eligible.
The qualifications for emergency repairs are those that affect the health and safety of the applicant such as
unsafe water and/or septic system failure, faulty wiring or failure of building envelope or safe access to the
structure. Applicants must comply with all income verification procedures and only very-low income
applicants will be eligible. The precise time of the return of a completed application will qualify the
eligible applicant on a first-come, first-served basis, subject to the following provisions:
A. All residential units repaired or otherwise assisted with SHIP funds must be owned and
occupied by the eligible persons. Eligible persons are those classified as very low
income persons as determined by the Florida Housing Financing Agency's income
criterion in effect on the date of application.
B. SHIP funds may not be used to purchase, rehabilitate or repair mobile homes.
C. The combined annual anticipated gross income of any applicant for assistance with
S1. Lucie County SHIP funds must be verified by the County as to their income level
eligibility.
2. NEW CONSTRUCTION STRATEGY
It is the purpose of the New Construction Strategy to assist with the new construction of
residential units in the unincorporated portions of S1. Lucie County, thus allowing new residential units to
be added to the existing housing stock. Applicants for the New Construction Strategy must first be
approved by Habitat and satisfy the guidelines for home ownership established by Habitat. Thereafter, the
Applicants must comply with all income verification procedures of the County and only very-low income
applicants will be eligible, subject to the following provisions:
A. At the time of construction funding by the County, the land on which the residential unit
is to be constructed must either be under contract for purchase by Habitat or already
owned by Habitat.
B. Upon completion of the residential unit, the residential unit may only be conveyed to
eligible persons. Eligible persons are those classified as very low income persons as
determined by the Florida Housing Financing Agency's income criterion in effect on the
date of application.
C. SHIP funds may not be used to purchase property on which a mobile home is to be
placed.
D. The combined annual anticipated gross income of any applicant for assistance with
St. Lucie County SHIP funds must be verified by the County as to their income level
eligibility.
1
..
/
3. COUNTY RESPONSIBILITIES
A. Accept, review and approve/disapprove, very low income applicants who either require:
(a) emergency repairs on homes they own and occupy; or (b) a new residential unit in the
incorporated portions of St. Lucie County.
B. Emergencv Repairs on Homes Owned and Occupied bv Very Low Income Applicants.
(1) The County shall reimburse Habitat for the following expenditures to be
considered construction costs:
(a) Those hard costs which are typically or customarily treated as
construction costs by institutional lenders;
(b) Construction soft costs such as engineering studies and appraisals, if
directly related to housing construction;
(c) Payment of permits and/or impact fees; and
(d) The purchase of materials to do the necessary repairs.
(2) Provide to Habitat a list of approved/or approved in a timely manner sub-
contractors to work on SHIP housing rehabilitation projects.
(3) Provide Habitat with written Notice to Proceed for each approved housing
rehabilitation project.
(4) Develop and implement the means acceptable to Habitat by which the County
will verify the completion of housing rehabilitation projects.
C. New Construction for Very Low Income Purchasers.
(1) The County shall make payment to Habitat pursuant to the following draw
schedule:
Deposit
Concrete Slab Completion
Rough Framing or Tie Beam Completion
Roof Dry-In Completion
Sheet Rock Completion
Certificate of Occupancy
15%
10%
10%
20%
20%
25%
(2) Provide Habitat with written Notice to Proceed for each approved property.
3. HABITAT RESPONSIBILITIES
A. Emergencv Repairs on Homes Owned and Occupied by Very Low Income Applicants.
(1) Prepare cost estimates for emergency repairs to residential units owned and
occupied by qualified residents.
(2) Purchase materials for the repair and/or rehabilitation of residential units owned
and occupied by eligible persons.
(3) Contract with sub-contractors approved by the County that have executed
general liability agreements with Habitat.
2
·
"
(4) Recruit and supervise volunteer labor to perform emergency repalfS and/or
rehabilitation.
(5) Oversee emergency repair and/or rehabilitation of residential units owned and
occupied by qualified residents.
(6) Accept, maintain and expend the SHIP funds in accordance with the terms and
conditions of the SHIP Act and this Agreement.
(7) Return to the County within fifteen (15) days of written demand therefore all
SHIP funds paid to Habitat under the terms of this Agreement upon the
County's finding that anyone or more of the terms or conditions of the SHIP
Act or this Agreement have been violated by Habitat.
B. New Construction for Very Low Income Purchasers.
(1) Purchase materials for the construction of residential units intended to be owned
and occupied by eligible persons.
(2) Contract with sub-contractors approved by the County that have executed
general liability agreements with Habitat.
(3) Recruit and supervise volunteer labor to construct new residential units.
(4) Oversee construction of residential units intended to be owned and occupied by
qualified residents.
(5) Accept, maintain and expend the SHIP funds in accordance with the terms and
conditions of the SHIP Act and this Agreement.
(6) Return to the County within fifteen (15) days after written demand therefore all
SHIP funds paid to Habitat under the terms of this Agreement upon the
County's finding that anyone or more of the terms or conditions of the SHIP
Act or this Agreement have been violated by Habitat.
4. PERMITTED CONSTRUCTION COSTS:
A. Those construction costs which are typically or customarily treated as construction costs
by institutional lenders.
B. Construction of soft costs such as engineering studies and appraisals, if directly related to
housing construction.
C. Payment of permit and/or impact fees.
5. DISALLOWED EXPENDITURES:
Habitat shall return to the County all SHIP Funds expended for disallowed expenditures as
determined by the SHIP Coordinator of St. Lucie County. Disallowed expenditures shall include, but are
not limited to the following: .
A. "Bad Debts" - Losses arising from uncollectible accounts and other claims and related
costs.
3
r
B. "Contingencies" - Contributions to contingency reserve or any similar provisions for
unforeseen events.
C. "Contributions or Donations".
D. "Entertainment" - Costs of amusements, social activities, and incidental costs relating
thereto, such as meals, beverages, lodging, rentals, transportation and gratuities.
E. "Fines and Penalties" - Costs resulting from violations of, or failure to comply with
Federal, State or local laws and regulations.
F. "Interest and Other Financial Costs" - Interest on borrowing (however represented), bond
discounts, costs of financing operations and refinancing operations, and legal and
professional fees paid in connection therewith.
4
.,
ITEM NO. VI-I
DATE: August 5, 2008
AGENDA REQUEST REGULAR ( )
PUBLIC HEARING ( )
CONSENT ( X )
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: Steve Fousek ~
Environmental Lands Manager
SUBMITTED BY:
Environmental Resources Department
SUBJECT:
Re-allocation of Environmentally Significant Lands funding
BACKGROUND: Please see attached memorandum.
FUNDS AVAILABLE: Various accounts in 382 (bond referendum) and 317 (State Revenue Share
bond).
PREVIOUS ACTION: In 1994, the Board approved the bonding of $20,000,000 in general revenue
funds to purchase environmental lands. In 2005, the Board approved
additional funding (317) to acquire other lands that did not meet the criteria of
the previous 382 bond, but were necessary to create important linkages.
RECOMMENDATION: Staff recommends reallocating the identified funds into the accounts identified
in Attachment A.
COMMISSION ACTION:
~
( )
APPROVED
OTHER
() DENIED
Approved 5-0
o as'. Anderson
County Administrator
~ / Coordination/Sianatures
( ) tß/ Mgmt & Budget () '" ~
( vjf:;;l.," (fICj>rt(f' Oth;-' «..rã; 1\
County Attorney
ERD
ttW Purchasing ()
{ì....0'5InLl(4\1
~
~
I .
ENVIRONMENTAL RESOURCES
DEPARTMENT
MEMORANDUM
TO: Board of County Commissioners
FROM: Steven J. Fousek, Environmental Lands Manager *
DATE: August 5,2008
RE: Board approval to reallocate ESL funds
Backaround:
In 1994, the Board approved the bonding of $20,000,000 in general revenue funds to
purchase environmental lands (Fund 382). In 2005, the Board approved additional funding
(Fund 317) to acquire other lands that did not meet the criteria of the previous 382 bond, but
were necessary to create important linkages.
Subsequently, the Board approved specific funding to purchase Environmentally Significant
Lands, and to provide initial capital expenses to preserve and protect the sites. Most
improvements were performed by staff, resulting in a significant reduction of the allocated
costs for infrastructure (fencing, parking lots, kiosks, trails, brochures, etc). In addition, there
are excess acquisition funds that were placed in specific projects that are no longer
necessary since these projects have been completed. In order to make these funds available
for current and future projects, it is necessary to reallocate these funds, totaling $709,676 into
current projects or projects to be determined, as shown in Attachment A.
Recommendation:
Staff requests that the Environmentally Significant Lands funds be reallocated, as shown in
Attachment A.
ï·
if
.
1F
ATTACHMENT A
Amount
Budget
Expense/Project
Budget
Expense/Project
$6,100 \from 317-3920-561001-3116 Hackberry 0 317 -3920-561001-300 ]Wilcox Old Dixie
Greenway
$4,050 rom 317-3920-561002-3116 Hackberry 0 317 -3920-561002-300 Wilcox Old Dixie
Greenway
$6,785 rom 317-3920-561003-3116 Hackberry 0 317 -3920-561003-300 Wilcox Old Dixie
Greenwav
$4,500 rom 317-3920-561028-3116 Hackberry 0 317-3920-561000-300 Old Dixie Greenway
$307 \from 317-3920-561003-3115 Sandscrub 0 317 -3920-561000-300 Old Dixie Greenway
$2,000 \from 317-3920-561001-3116 Hackberry 0 317-3920-561001-3119 !Airport Greenway
$905 rom 317-3920-561000-3115 Sandscrub 0 317-3920-561002-3119 !Airport Greenway
$4,000 rom 317-3920-561001-3116 Hackberry 0 317 -3920-561003-3119 Airport Greenway
$7,993 rom 382-3920-563000- St. Lucie Village 0 382-3920-561001- North Fork Greenway
31003 31013
$3,631 rom 382-3920-563000-7134 SLC Children's 0 382-3920-561002- North Fork Greenway
31013
$20,000 f'rom 382-3920-563000- Indrio Scrub 0 382-3920-561003- North Fork Greenway
31015 31013
$67,810 from 382-3920-563000- Blind Creek 0 382-3920-561000-1905 Projects TBD
31004
$6,351 \from 382-3920-563000- Spruce Bluff 0 382-3920-561000-1905 Projects TBD
310065
$200 rom 382-3920-563011- Spruce Bluff 0 382-3920-561000-1905 Projects TBD
310065
$2,500 rom 382-3920-563000- Indrio Blueway 0 382-3920-561000-1905 Projects TBD
31007
$114,000 rom 382-3920-563000- Queens Island 0 382-3920-561000-1905 Projects TBD
310085
$144,968 rom 382-3920-563000- Ancient Oaks 0 382-3920-561000-1905 Projects TBD
31010
$19,576 rom 382-3920-563000- Kings Island 0 382-3920-561000-1905 Projects TBD
31011
$10,000 rom 382-3920-563000- Sheraton 0 382-3920-561000-1905 Projects TBD
31017
$220,000 \from 382-3920-563000-3104 Bluefield 0 382-3920-561000-1905 Projects TBD
$64,000 \from 382-3920-563000-7646 Ocean Bay 0 382-3920-561000-1905 Projects TBD
AGENDA REQUEST
ITEM NO. VI-J 1
DATE: August 5, 2008
REG ULAR []
PUBLIC HEARING []
CONSENT [Xl
SUBMITTED BY (DEPT): Administration
TO: Board of County Commissioners
SUB1ECT: Design of Phase III - South County Regional Football/Soccer Stadium
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: Park Zone B Impact Fees 310002-7210-562000-79502
PREVIOUS ACTION: N/ A
RECOMMENDATION: Staff recommends that the Board declare an emergency for the stated
reasons in the attached memorandum and that the County enter into an
Agreement with Schenkel Shultz in the amount of $169,366.25 for
architectural and engineering services for the additions and
improvements to the South County Regional Football/Soccer Stadium.
COMMISSION ACTION:
X APPROVED [] DENIED
[] OTHER: Approved 5-0
Doug s . Anderson
County Administrator
Review and Approvals
County Attorney:
Originating Dept: _
Finance: (Check for Copy only, if applicabie)
Management & Budget:
Other:
Purchasing:
Other:
Effective: 5/96
COUNTY ADMINISTRATION
MEMORANDUM
08-69
TO:
Board of County Commissioners
¡x~
·r
FROM:
Douglas M. Anderson, County Administrator
DATE:
August 5,2008
RE:
South County Regional Football/Soccer Stadium - Phase III
BACKGROUND
Since 2003, the County has been planning on constructing Phase III capital improvements
at this Facility. This Phase includes moving the aluminum bleachers from the home side to
the visitors' side (2,000 seats) and constructing new aluminum bleacher seating on the
home side (2,300 seats).
This Phase also includes a Press Box, Locker Rooms on the home side for both the home
and visiting teams, and a Concession Stand/Restroom building on the visitors' side. As
part of the Impact Fee Settlement with Port St. Lucie, $3,000,000 of the proposed Impact
Fee Bond Issue has been designated for this purpose.
The architectural and engineering services costforthe above are proposed at $169,366.25
by Schenkel Shultz (copy of Proposal attached). These fees would be paid out of Zone B
Park Impact Fees. Schenkel Shultz is under continuing contract with the County for such
services and designed a similar facility, the Jensen Beach High School Stadium. The
estimated construction cost as provided by Schenkel Shultz is $2,362,375.
As you recall, we have not scheduled any high school games at the stadium from
September 2008 to August 2009 to give us a window for construction.
When the County went out for RFPs for Continuing Contracts for architects, this complex
was not included as one of the projects to be designed. Therefore, the County needs to
either go out for RFPs for this service or declare an emergency and enter into an
Agreement with Schenkel Shultz. In that the Impact Fee lawsuit was not settled until June
and that there is a limited window to construct the improvements, September 2008 to
August 2009, County staff believes that the County does not have sufficient time to
advertise RFPs and award them, design and engineer the improvements, bid out the
project, and complete the construction by August 2009. Once the construction plans are
complete, staff will request authorization to go out for bids.
\
Page 2
August 5,2008
South County Regional Football/Soccer Stadium - Phase III
RECOMMENDATION
Staff recommends that the Board declare an emergency for the above reasons and enter
into an Agreement with Schenkel Shultz in the amount of $169,366.25 for architectural and
engineering services to design and engineer the additions and improvements to the South
County Regional Football/Soccer stadium together with preparing the necessary bid
documents.
Please let me know should you have any questions or need additional information.
DMAlab 08-69
c: Faye Outlaw, Assistant County Administrator
Lee Ann Lowery, Assistant County Administrator
Debra Brisson, Parks & Recreation Director
Marie Gouin, Management and Budget Director
Dan Mcintyre, County Attorney
Attachment
January 21, 2008
Mrs. Debra Brisson
Parks & Recreation Department Director
St. Lucie County
2300 Virginia A venue
Ft. Pierce, FL 34982
RE: Fee Proposal for Reuse of Jenson Beach High School Stadium at
Treasure Coast Sports Facility
Dear Debra:
SCHENKELSHUL TZ is pleased to present the following proposal for architectural and engineering
services for your consideration.
1. Project Scope
The facility will be based on the documents developed by SCHENKELSHUL TZ for the School
Board of Martin County's Jensen Beach High School Football Stadium with any required owner
changes to the design. As such, the proposal contained herein was developed for 8t. Lucie County
as a reuse fee.
This facility will contain new bleachers for seating 2,300 Home and will move the existing
bleachers seating 2000 visitors for a total of 4,300 seats. The fee is based on locating the new
stadium bleachers above the proposed field house and moving the existing bleachers to the
opposite side of the playing fields. The fee does not include any geotechnical surveying. The fee
will also include the safety fencing design required under the bleachers. This fee is based on the
reuse of the existing stadium lights and is based on having an available water and sewer service
close by and does not include any design fees for a lift station, if required.
This fee also does not include any replacement of the existing running track, football field turf, or
track and field equipment. It is for the bleacher and field house construction only.
2. Construction Budget
3. Fee
Based on the GMP cost for the stadium and concession package at Jenson Beach High School and
the appropriate construction cost increase over the past five years, we have estimated the
construction budget for this facility to be $1,912,375.00.
r ",:f'tt¡ # .. v (.' ,.... c.ß; ~;,...J /61' dy
- --
7-'~ ð'Z" ~?:J
SCHENKELSHUL TZ proposed to perform the work utilizing the following consultants:
Civil
Landscape
Structural
Mechanical/Plumbing
Electrical
Culpepper and Terpening
Conceptual Design Group
Burton, Braswell, and Middlebrooks
OCI Associates, Inc.
OCI Associates, Inc.
Debra Brisson
January 21, 2008
Page 2
SCHENKELSHUL TZ proposes to perform the work on the above scope for fees as follows:
Base Fee
Reuse of the prototype documents
Civil geometry, paving, drainage, and permitting
Landscape Architecture including irrigation
Base Fee Subtotal
$ 99,566.25
$ 26,800.00
$ 2.500.00
$ 128,866.25
Reimbursables: including but not limited to:
Printing, postage, specifications-not to exceed
$ 5,000.00
Allowance for unforeseen permitting fees:
Total Base Fee
$ 4,000.00
$ 137,866.25
The above fees include design, production, and construction administration services.
Alternate for concession building (if required)
Estimated construction budget
Base fee for alternate
Architectural Ængineering
Civil geometry, paving, drainage, and permitting
Landscape Architecture including irrigation
Total base fee for alternate
$ 450,000.00
$ 24,900.00
$ 6,000.00
$ 600.00
$ 31,500.00
Thank you for your consideration of this proposal. We are excited about the opportunity and
are scheduled and staffed accordingly to begin work immediately.
Sincerely,
SCHENKELSHUL TZ
Johnnie Lohrum Jr.
Project Manager
JLJ/jl
. ~
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\
Agenda Request
Item Number
Date:
VI-J2
8/5/2008
Consent
Regular
Public Presentation
Leg. [
[X]
[ ]
[ ]
Quasi-JD [
To:
Submitted By:
Board of County Commissioners
Tourism & Economic Development
SUBJECT:
Request approval to enter into a Memorandum of Understanding between St Lucie
County, the Department of Tourism - Island of the Bahamas and Comet Creative Inc.
(Blair Advertising) to develop mutually beneficial economic and tourism marketing
programs.
BACKGROUND:
The initial meeting between the parties was held April 30, 2008. A partnership will be
formed to identify appropriate opportunities for the promotion of tourism and to pursue
joint projects. An example of an event in this program could be a powerboat competition
between Grand Bahama and St Lucie County. The end goal is to expand tourism at both
locations and generate an economic gain. This MOU is intended to identify a concept and
is not to be construed as a binding agreement.
FUNDS AVAILABLE:
None
PREVIOUS ACTION:
A joint meeting was held on April 30, 2008. A number of concepts were discussed in
this first meeting. Attached to this request are the minutes from that meeting.
RECOMMENDATION:
Staff recommends the approval to sign the Memorandum of Understanding and to
commence joint planning sessions to develop the events.
[X] APPROVED
c:=J OTHER
Approved 5-0
D DENIED
COMMISSION ACTION:
Coordination/ Signatures
r'>fs4 County Attorney
JUV-
D.Mclntyre
¡{. .¥""(~t'¡lj71 ,).--,~-l .:..,
Mgt. & Budget:
Other:
Finance:
Purchasing:
Other:
(insert file ref)
COMMISSION REVIEW: 8/5/2008
Tourism & Economic Development
MEMORANDUM
DATE:
Douglas M. Anderson, County Administrator
Larry Daum, Economic Development Manager jq e
July 18, 2008
TO:
FROM:
SUBJECT:
Request approval to enter into a Memorandum of Understanding to
develop economic and tourism marketing programs with the Department
of Tourism -Island of the Bahamas.
Request approval to enter into a Memorandum of Understanding between St Lucie County, the
Department of Tourism - Island of the Bahamas and Comet Creative Inc. (Blair Advertising) to
develop mutually beneficial economic and tourism marketing programs.
The initial meeting between the parties was held April 30, 2008. A partnership will be formed to
identify appropriate opportunities for the promotion of tourism and to pursue joint projects. An
example of an event in this program could be a powerboat competition between Grand
Bahama and St Lucie County. The end goal is to expand tourism at both locations and
generate an economic gain. This MOU is intended to identify a concept and is not to be
construed as a binding agreement.
Staff recommends the approval to sign the Memorandum of Understanding and to commence
joint planning sessions to develop the events.
Note - draft MOU and minutes from April meeting are attached
MEMORANDUM OF UNDERSTANDING BETWEEN
ST. LUCIE COUNTY
and
DEPARTMENT OF TOURISM - ISLAND OF THE BAHAMAS
and
COMET CREATIVE, INC. (DBA BLAIR ADVERTISING)
This Memorandum of Understanding (MOU) is hereby made and entered into by and
between St. Lucie County, the Department of Tourism-Island of the Bahamas ("Grand
Bahama") and Comet Creative, Inc. ("Comet").
A. PURPOSE:
The purpose of this MOU is to set the framework for the continuation of meetings
toward developing and expanding a framework of cooperation between St. Lucie County: Grand
Bahama and Comet, to develop mutually beneficial economic and tourism marketing programs,
projects and activities at the local, regional and national level.
This MOU references the initial meeting between the parties on April 30,2008, the
minutes of which are attached as Appendix 1.
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
Grand Bahama's benefits include an active partnership with Comet and St. Lucie County
to plan, implement and promote synergistic marketing programs which will generate active
interest from targeted segments based on life style segmentation. An example of this
program is powerboat competitions between Grand Bahama and St. Lucie County.
The benefits for St. Lucie County through this cooperative effort are provided
through the strategic planning of programs by Comet Creative, highlighting strengths and
opportunities locally that may be leveraged through a joint promotion partnership destination
package. The partnership will also increase St. Lucie County's market share both nationally
and internationally in the travel and tourism industry.
The benefits for Comet will be accrued through the recognition as the marketing
partner for the economic and marketing partnership between St. Lucie County and Grand
Bahama. Comet's mission will be to develop programs and activities for travel to both
locations for the benefit of St. Lucie County and Grand Bahama residents, economy and travel
and tourism industry.
G:\ATTY\AGREEMNT\Comet Creotive dba Blair.wpd -1-
The mutual benefit for all parties will be the ability to provide an expanded destination
choice leading to increased visitors, hotel stays and economic activity.
C. COMET CREA TIVE SHALL:
1. Work with St. Lucie County and the Grande Bahama Tourism Director to
identify opportunities and areas for partnership.
2. Coordinate involvement of all parties.
3. Ensure that progress is maintained toward an agreed partnership with scope
and time line.
4. Administer meetings as required.
5. Develop programs and draft budgets.
6. Act as the operating arm for an agreement between St. Lucie County and Grand
Bahama as it relates to travel and tourism marketing programs.
7. Review this MOU with all parties to ensure acceptance.
8. On approval of the MOU, arrange next meeting between parties and a visit to
Grand Bahama as proposed to facilitate the solidification of an agreed plan of action.
9. Coordinate logistic and implement programs - including soliciting marketing
partners to offset Comet's project development and management costs.
D. ST. LUCIE COUNTY SHALL:
1. Work with Comet and the Grand Bahama Tourism Director to identify
appropriate partnership opportunities and jointly pursue such projects in a timely manner.
2. Identify and involve all stakeholders within St. Lucie County, as necessary.
3. Provide assistance and information to all parties as required in furtherance of
achieving a partnership agreement.
G:\ATìY\AGREEMNT\Comet Creative dba Blair.wpd -2-
E. GRAND BAHAMA TOURISM DIRECTOR SHALL:
1. Work with Comet and St. Lucie County to identify appropriate partnership
opportunities and jointly pursue such projects in a timely manner.
2. Identify and involve all stakeholders within the organization, as necessary.
3. Provide assistance and information to all parties as required in furtherance of
achieving a partnership agreement.
F. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES
THAT:
1. This MOU is intended to identify a concept and is not to be construed as a
binding agreement.
2. Participation in Similar Activities. This MOU in no way restricts any of the
parties from participating in similar activities with other public or private agencies,
organizations, and individuals.
3. Termination. Any of the parties, in writing, may terminate the MOU without
cause in whole or in part at any time before the date of expiration.
4. Principal Contacts. The principal contacts for the parties are:
St. Lucie County:
Comet:
Larry Daum, Economic Development Mgr.
2300 Virginia Avenue
Fort Pierce, Florida 34982
Phone: 772.871.5193
FAX: 772.871.7477
dauml@co.st-Iucie.fl.us
George Byfield, CEO
100 A venue A
Fort Pierce, Florida 34950
Phone: 772.465.4654
FAX: 772.466.5428
Email: george@blairad.com
G:\ATTY\AGREEMNT\Comet Creative dba Blair.wpd -3-
Grand Bahama:
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
Phone: 772.462.1420
FAX: 772.462.1440
Email: danm@co.st-lucie.f1.us
Glenda E. Johnson, Director
Florida & Latin America Bahamas
Tourist Office
1200 South Pine Island road
Plantation, Florida 33324
5. Non-fund Obligating Document. This MOU does not provide for a fiscal nor a
funds obligation document. Any endeavor or transfer of anything of value involving
reimbursement or contribution of funds between the parties to this MOU will be handled in
accordance with applicable laws, regulations contract or agreement.
6. Commencement/Expiration Date. This MOU is executed as of the date of last
signature and is effective as an agreement for further discussion; until December 31, 2008.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to
continue on a path of exploring partnership opportunities as of the last written date below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk
Chairman
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
COMET CREATIVE INC. 4
BY: ,¿f!'t4JE.;~
Date: ?). ~q. ;:00 '6
WITNESSES:
~. œl.J\ù(.Q LU~
G:\AT1Y\AGREEMNT\Comet Creative dba Blair.wpd
-4-
WITNESSES:
DEPARTMENT OF TOURISM -
ISLAND OF THE BAHAMAS
BY:
Date:
G:\ATTY\AGREEMNT\Comet Creative dba Blair.wpd -5-
APPENDIX 1
Recap of Proposed Partnership Development between St. Lucie County
Tourism, Bahamas Tourism, and Blair Advertising
April 30th, 2008
Attendees:
St. Lucie Countv
Doug Coward -County Commissioner
Doug Anderson- County Administrator
Odaly Victorio - County Tourism and Film Director
Bahamas
Ms. Glenda Johnson - Tourism Director
Blair Advertisina
George Byfield - CEO and Creative Director
Ian David - Associate, International Tourism Advisor
Recap:
The meeting schedule for lOam started around 10: 15 in the Library of St. Lucie County
Administrative Building on the 3rd floor.
Introduction started with County Commissioner Doug Coward and ended with Ms. Glenda
Johnson, Bahamas Tourism Director.
Ms. Johnson explained briefly the goals of the Bahamas Tourism Board on a national level, and
current partnership with various groups. She also explained the daily visits of the Bahamians to
Miami, which involves shopping at Wal-Mart, BJ and other large discount outlet stores in the
area. In addition, she clarified her role with the Bahamas Tourism Board as being more than a
catalyst for the development of programs and partnership towards getting 'heads in beds' but
also to interface with, and recommend anyone who may assist with the economical growth of
the Country.
County Administrator Doug Anderson raised a strong concern as to why Bahamians are not
shopping here in St. Lucie County. Ms. Johnson response was that Miami is much closer to
Grand Bahama and that the regular visit does not yield any return on investment to the
Country.
Tentative 'Twin Citv' Partnership Ideas:
Blair Advertising CEO, George Byfield opened the presentation by looking at the existing Air
market relationship between St. Lucie and Grand Bahama FBO. He also highlighted that St.
Lucie culture and beach lifestyle is very similar to the Bahamians and offer many synergies -
which was one of the reason why he made contact with Ms. Johnson to discuss possible
partnership.
The presentation was then turned over to Ian David, Blair Advertising International Tourism
Advisor. In his introduction Ian shared with Ms. Johnson that he lived and studied in Grand
4
Bahama for several years and that he makes it a point to be informed on the current tourism
and government affairs.
4
Proposed Collaboration:
Sport Tourism Market
(a) Deep Sea Fishing and Power Boating Competitions - Given the close proximity of one hour
between Ports, this is a great opportunity to use these type of events as springboard to show
case some of Grand Bahama heritage and festival a day or two before the event. Funding for
this event could be incorporated into a joint advertising and sponsorship program.
This event will also promote local businesses in St. Lucie and the Grand Bahama.
(b) Doug Coward recommended a Triathlon Racing Event, which Ms. Johnson expressed great
interest in exploring.
(c) GINN Twin Golf Tournament - It was put forward that we should explore playing the first
holes in St Lucie County and the remaining holes in Grand Bahama. We could promote a
package tour with GINN, PGA, Airline, Hotels and Restaurant. Funding for this event could be
incorporated into a joint advertising and sponsorship program.
This event will also promote local businesses in St. Lucie and the Bahamas.
Airport Market
(a) Promotion of our 'Twin City' Events promoted at FBO Airport, where over 50,000 -
guest pass through our gateway to the Grand Bahamas. (i.e., signs, display wall ads,
brochures, Flag, etc)
(b) Fun and Sun Flying Event - Promotion; radio, cable, AOPA Magazine and online.
Community Based Tourism
St. Lucie has a strong Motorcycle enthusiast group that loves to travel on the USl and Indian
River Drive, which rides to our destination every Thursday.
(a) Twin City ride package for Motorcyclist or Bikers using a large ferry or plane to the Grand
Bahama. This will make for the best opportunity to once again use the event as a springboard
to show case some of the Grand Bahamas heritage and festival prior to the event.
Funding for this event could be incorporated into a joint advertising and sponsorship program.
This event will also promote local businesses in St. Lucie and the Grand Bahamas.
Suggested names:
Bikers on the Water
Flying Hogs
Island Bikers
Bike to Grand Bahamas
(b) Archaeological and Under Water Treasure Hunt Event - From St. Lucie Port to Grand
Bahama. Ms. Johnson was very interested in this proposal and asked for us to
develop the idea further.
4
Vacation Guide
We will explore PR opportunities to announce and generate excitement around the St. Lucie
and Bahamas Twin Cities Partnership. In addition we are proposing the following:
(a) Editorial/Advertorial in our Vacation Guide
(b) Link on both St. Lucie County, Tourism and Bahamas Tourism Website
(c) Ad Placement
Economic Development
Doug Coward directed the discussion to several opportunities in which the partnership could be
expanded into an overall economic development thrust for both St. Lucie and Grand Bahama
such as:
(a)
(b)
Green Energy
Offshore import and export.
Action Items Discussed :
Blair Advertisino
(1) Submit recap to both parties for review.
(2) Submit a Memorandum of Understanding to both parties for review.
(3) Upon agreement of the Memorandum of Understanding, Blair Advertising will prepare a
detailed document outlining all line item element of the proposed partnership including draft
budget and timeline hereafter referred to as the 'Twin City' PartnershiD document.
4) The Twin City' Partnership document will be submitted to both parties.
Ms. Glenda Johnson
(1) Provide contact information for the Grand Bahama Chamber of Commerce to Doug Coward.
(2) Solidify plans for St. Lucie County and Blair Advertising to visit the Grand Bahama during
the first week of September '08.
Doua Coward
(1) Contact Larry Daum St. Lucie EDC Manager to discuss and develop ideas to add to the Twin
Cities Partnership Proposal.
(2) Contact Tom Colucci, Treasure Coast Sports Commission Executive Director to generate
ideas to participate in the Twin Cities Sport Marketing Events with Grand Bahama.
Other Action Items - For Internal Discussion with St Lucie County Onlv :
1) Blair Advertising role in the expanded new initiative "Twin City" partnership which is
outside of the scope of the current contract and structuring of compensation.
2) Item above needs to be addressed prior to completion of the Memorandum of
Understanding and line item proposal.
4
AGENDA REQUEST
ITEM NO. \/. J 3
DATE: August 5, 2008
REGULAR []
PUBLIC HEARING []
CONSENT [Xl
SUBMITTED BY (DEPT): Administration
TO: Board of County Commissioners
SUB1ECT: Revised Targeted Industry List
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: N/ A
PREVIOUS ACTION: N/ A
RECOMMENDATION: Staff recommends approval of the revised Targeted Industry List
[] OTHER: Approved 5-0
Dou as . Anderson
County Administrator
COMMISSION ACTION:
K APPROVED [] DENIED
Review and Approvals
County Attorney:
Originating Dept:
Finance: (Check for Copy only, if applicable)
Management & Budget:
Other:
Purchasing:
Other:
Effective: 5/96
f'
COUNTY ADMINISTRATION
MEMORANDUM
08-70
FROM:
Douglas M. Anders~, C
August 5, 2008 ~
Revised Targeted Industry List
TO:
DATE:
RE:
BACKGROUND
Attached is a revised Targeted Industry List. As you know, the Board during the Budget
Workshops requested staff review and revise this list. Staff recommends that those
industries highlighted in yellow be removed from the list and that those industries
highlighted in blue be added.
RECOMMENDATION
Staff recommends approval of the attached revised Targeted Industry List.
DMA/ab 08-70
c: Faye Outlaw, Assistant County Administrator
Lee Ann Lowery, Assistant County Administrator
Dan Mcintyre, County Attorney
Larry Daum, Economic Development Manager
Larry Pelton, President, Economic Development Council
TARGETED INDUSTRY LIST
MANUfACTURING fACILITIES
Chemical Manufacturing
Pharmaceutical Manufacturin
Computer & Electronic Product Mfg.
Computer & Electronic Component Mfg
Electromedical Apparatus Mfg.
Software Reproducing
Transportation Equipment Manufacturing
Aviation & Aerospace Manufacturing
Machinery Manufacturing
Instruments for Measuring & Testing Elec.
Lens Manufacturing
Power Distrib., Generation & Technology
Electrical Equipment Manufacturing
Appliance Component Manufacturing
Surgical & Medical Instrument Mfg.
Wood & Paper Product Manufacturing
Support Activities
fINANCE &. INSURANCE SERVICES
Funds, Trust & Other Financial Vehicles
INFORMATION INDUSTRIES
Film, Video/Electronic Media Production
&
Software Publishing
Music Publishing
Telecommunications
Satellite Communications
CLEAN ENERGY
PROfESSIONAL, SCIENTIfIC &.
TECHNICAL SERVICES
Professional, Scientific & Technical
Computer Programming/Software
Computer System Design
Management, Scientific & Tech Services
Research & Development
Scientific & Technical Consulting Svc
Simulation Training
Testing Laboratories
Bio~ & Bio-Science
M,
MANAGEMENT &. DISTRIBUTION
Management Services
National, International & Regional Headqtrs
Distribution Centers
ADMINISTRATIVE &. SUPPORT
SERVICES
Color Code:
Other industries may be considered by the Board of County Commissioners if the company can
improve the quality of life within the community by creating new jobs and/or high wage jobs.
Revised July 17, 2008
AGENDA REQUEST ITEM NO. VI-J4
DATE: August 5,2008
REGULAR 0
PUBLIC HEARING 0
CONSENT [Xl
SUBJECT: Code Enforcement Board
TO: Board of County Commissioners
SUBMITTED BY (DEPT): Administration
BACKGROUND: Commissioner Craft has requested that William Oquendo serve as his appointee on
the Code Enforcement Board.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board ratify Commissioner Craft's appointment of William
Oquendo to the Code Enforcement Board.
COMMISSION ACTION:
acAPPROVED 0 DENIED
o OTHER:
Approved 5-0
,
Douglas M. nderson
County Administrator
Review and Approvals
County Attorney:
Originating Dept:
Finance:
Management & Budget: _
Other:
(Check for Copy only, if applicable)
Purchasing: _
Other:
Effective: 5/96
St. Lucie County
Board of County Commissioners
Application for Servina on County Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
. Must be a County resident
· Must not be related to another committee member, County Commissioner or County employee
involved with the committee of interest.
. Must not be employed by the same business entity as other committee members.
· Must not serve on more than 2 County committees (Does not apply to Ad Hoc Committees)
Note: Some committees have additional requirements; please inquire when submitting this application. In
addition, service on committees with planning, zoning or natural resources responsibilities may require
disclosure of financial interests.
Please complete the following information:
1. Please indicate the committee(s) you are interested in. See the list below.
2. Name: William Oquendo
Phone: 772·626·7512
3. Home address: 292 West Arbor Avenue Port St Lucie, Florida. 34952
4. Which commission district do you live in? District 4
5. Business/Occupation Marketing/Advertising
6. Business address: 292 West Arbor Avenue Port St Lucie, Florida 34952
7. Brief resume of education & experience: (Please attach resume)
Graduate in Marketing. 20 plus years in advertising
8. Do you currently serve on a county committee(s)? No If so, please list:
9. Why do you think you are qualified to serve on the committee(s) indicated?
I consider myself to be an open minded individual with quality standards.
I possess an even and common·sense approach to problem solving.
10. Would you consider serving on another board other than the one(s) stated above? (Please specify)
Possibly
11. Comments:
<"
/~'
t
SIGNATURE: ~-,;.~
DATE: July 17th 2008
Sf. Lucie County Advisory Boards and Committee Citizen Appointments Available
Please check the committees you are interested in:
ø Attainable/AffordablelWorkforce Housing Task Force
ø Beach Preservation Task Force
ø Bicycle/Pedestrian Advisory Committee
ø Board of Adjustment
ø Central Florida Foreign-Trade Zone, Inc.
ø Children's Services Council
ø Citizen's Budget Development Committee
..r Code Enforcement Board
ø Community Development Block Grant Citizen's Advisory Task Force (CDBG)
ø Comprehensive Economic Development Strategy (CEDS)
ø Contractors Certification Board
ø Cultural Affairs Council
ø Early Learning Coalition of St. Lucie County
ø Emergency Medical Services Advisory Council
ø Environmental Advisory Committee
ø Environmental Hearing Board
ø Fort Pierce Harbor Advisory Committee
ø Historic Preservation Committee
ø Historical Commission
ø Housing Finance Authority
ø Investment Committee
ø Library Advisory Board
ø Planning & Zoning Commission/Local Planning Agency
ø Recreation Advisory Board
ø Restudy Coordination Committee
ø Smart Growth Advisory Ad Hoc Committee
ø Sustainability Ad Hoc Committee
ø Tourist Development Council
ø Transfer of Development Rights (TDR) Advisory Ad Hoc Committee
ø Treasure Coast Education & Research Development Authority
ø Treasure Coast Health Council, Inc.
APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR
Submit to: St. Lucie County Administrator's Office, Missy Stiadle
2300 Virginia Avenue, Fort Pierce, FL 34982
Phone: (772) 462-1156
2
~
.
William Oquendo
292 West Arbor Avenue
Port St. Lucie, Florida. 34952
phone 772-626-7512
wi lIiamoqu endo@comcast.net
Marketing/Ad Development/Production
Brief
Age 48, non-smoker, excellent health. Detail oriented, multi-task, multi-
functional individual. Extensive experience in marketing, public relations &
advertising with strong people skills. A thinker who enjoys problem solving
& challenging atmospheres. Excellent communication skills, computer
literate, proficient with Microsoft, Adobe, and other creative & professional
software applications. Strong Photoshop, Illustrator etc.
Fluent in English/Spanish.
Experience
2006 - Present The Ad Shop Treasure Coast
Port St Lucie, Florida
Advertising Development, Marketing, Campaign & Graphic Design
· Responsible for upstart and department development of sales and
promotions for "The Local Buzz Magazine" publication. Continued
Graphic Design & Ad development.
· Freelance Creative Director for the "Christian Entertainment
Guide". Responsible for over all design & look of the publication.
· Manage dept writers, graphic artist, photographers etc.
· Responsible for first draft editing. Designer for all for advertising
insertions.
· Writer, designer and publisher for "Alpha News", Monthly
Newsletter.
· Extensive Direct Mail Marketing & Printing knowledge.
· Concert & Event Promotions for Alpha Ministries. Responsible for
chief coordination and logistics of fundraising & concert events.
· The Ad Shop is a full service Marketing & Advertising company.
· Additional clients include: Planet Smoothie, Sonny's BBQ,
Longhorn Steak house, Reich & Mancini PA, St Lucie Draft House,
Dresa Sushi Bar, Exodus Coffee, B&B Entertainment, Newitt
Jewelers, Caribbean Spa, Service Chevrolet Vera Beach, Dairy
Queen, Dale Sorensen Real Estate, Remax and others.
-,.
¡
2003 - 2005 Sailfish Marina/Palm Beach Water Taxi
Singer Island
Division Manager
· Responsible for all aspects of marketing and promotions for the
Palm Beach Water Taxi.
· Duties included daily operations and logistics. Staffing and
scheduling of vessel captains, vessel maintenance, coast guard
inspections etc. Responsible for 5 vessels to 45 foot.
· Development of new tours and activities for the vacationing public,
i.e. snorkel tours, area history tours, private charters etc.
· Established new relationships and maintained presence with area
resorts and time-shares.
· Designed and created new visuals i.e. brochures, rack cards &
point of purchase displays.
· Clients include: Marriott Resorts, Hilton, and Palm Beach Shores
Resort.
2001 - 2003 Photopro, Inc.
GMlMarketing Director
· Professional Imaging & Graphics Center.
· Responsibilities include departmental management of creative operations,
logistics, production, customer service, administrative & employee staffing.
· Responsible for Company facelift & advertising. Created new company
image & Logo. Coordinated set-ups, installation & continued problem
solving of server applications and station to station networking issues.
Implementation of new management software's, including staff training.
· Increased Store retail sales first year 18%. Continued management of client
base.
· Experienced in Digital Imaging & Design, Photoshop & Ad Development.
Miami, Florida
· Responsible for new accounts, new services & re-establishment of existing.
· Increased Company's Service portfolio by approximately 30%.
· Clients include: Univision Network, BMG Records, and
WamerMusicLatina.
"-.
\
Expeñence
1985 - 2000 CTI Graphics Miami, Florida
Photographer/Art Director
· Full Service Advertising & Graphics Firm.
· Assessment & Implementation of client service/product for media
advertisi ng.
· Primary: Commercial Advertising, Photography & Illustration.
· Multi-media acquisitions & direction.
· Tasking of Commercial & Client photo/video shoots.
· Postproductions, prepress, follow through to final.
· Project design & logo development.
· Clients included: Aventura Mall, Zales Jewelers, Luria Stores,
DBX Electronics, Target Stores and YMCA, Macy's, Gimbals,
Dayton Hudson, Maas Brothers, Jordan Marsh...
1980 - 1984 Avanti Press Int'l Miami/New York
Staff Photographer
· Studio & location photography for retail catalogs.
· Catalog, product, interior & fashion photography.
· Clients included: Macy's, Jordan Marsh, Gimbals, Maas Bros, and
Federated Stores.
Education
1984 Florida Intemational University
· Bachelor Science Marketing
Miami, Florida
1999 Marine Technical Institute Fort Lauderdale, Florida
· Master/Mate 1 00 ton USCG certificate #1583-0300
· Commercial Marine Towing Endorsement Certificate.
Awards
Multiple Addy Award Winner
V iOfi\ samp/B~ sa/a/ Y /BC¡UIf ~rnt:llIlS and r lrerences SUI pi/eo upon rL .lUes!.
AGENDA REQUEST
ITEM NO. VI - J5
DATE: August 5, 2008
REGULAR []
PUBLIC HEARING []
CONSENT [Xl
SUBMITTED BY (DEPTh Administration
BY:
TO: Board of County Commissioners
//
SUB1ECT:
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: 2008 Fund Balance Forward 001-8191-599070-800
PREVIOUS ACTION: N/ A
RECOMMENDATION: Staff recommends approving a funding request of a $100,000 loan to
the Clerk of Courts Budget to fund temporary employees to process
foreclosure cases.
COMMISSION ACTION: CONCURRENCE:
[] APPROVED
[] DENIED
ilDTHER: .
Pulled prior to
meeting.
Douglas. . nderson
County Administrator
Review and Approvals
County Attorney:
Originating Dept:
Finance: (Check for Copy only, if applicable)
Management & Budget:
Other:
Purchasing:
Other:
Effective: 5/96
CLERK OF CIRCUIT COURT
FINANCE DEPARTMENT
MEMORANDUM
To:
Doug Anderson, County Administr~
Ed Fry, Clerk of the Circuit Conrt ~
County Loan for Temporary Help
From:
Subject:
Date:
July 28, 2008
I am requesting a loan from the Board of County Commissioners in the amount of
$100,000 to pay for temporary employees. The temporary employees are necessary to
help my office process the overwhelming number of foreclosure cases that are filed every
day.
When I submitted my budget to the State in August 2007, I anticipated that my office
would experience an increase in foreclosure filings. For the first six months of 2007, my
office averaged 330 foreclosure case filings each month. I felt that there would be an
increase in filings to approximately 500 to 550 filings each month. That was true for the
last six months of 2007. However, since the beginning of 2008, foreclosure case filings
have increased dramatically. In June, my office received 896 foreclosure case filings.
Considering that it takes approximately one hour to process each case from start to finish,
I need additional help. I included $180,000 of reserve funds in my 2008 budget. I have
already spent all of that money processing the increased workload.
The additional funds from the County will allow me to hire temporary employees to
process the increased case load. My 2009 budget does include additional funds to
continue paying for the temporary employees. I will also include funding to repay the
County. My intention is to repay the loan no later than December 31, 2008.
Thanks for your consideration of my request.
Cc:
Joseph E. Smith, Chairman, Board of County Commissioners
Charles Grande, Board of County Commissioners
Doug Coward, Board of County Commissioners
Paula Lewis, Board of County Commissioners
Chris Craft, Board of County Commissioners
I~I ~(~; rê n SY7--Œ,~
~JI JU[--'~~g'20Of' I~I
, , I
I C~ADMIf~: OFFI:= I
AGENDA REQUEST
ITEM NO. IV-Kl
DATE: Aug. 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: ROGER A. SHINN
DIRECTOR
SUBMITTED BY (DEPT): CENTRAL SERVICES
SUBJECT: Retroactive approval of printing of check to Dooleymack to fulfill grant requirements.
BACKGROUND: St. Lucie County received a grant for the construction of the Havert L. Fenn
Center (Special Needs Shelter Auditorium) from the Department of Community Affairs, Division of
Emergency Management, in the amount of $2.5 million. This grant expired on June 30, 2008. DCA
asked that the County submit close out report, all invoices and reimbursement requests on this
contract earlier than the sixty-day deadline for submissions. To satisfy grant requirements, staff
requested that Finance print a check, written out to DooleyMack, in the amount of $122,164.35, the
remaining grant funds. A copy of this check was then sent to DCA. This check is part of the final
retainage payment and will therefore be held until the project is completed. (See Attachment)
FUNDS AVAIL: 001405-0000-205100-2614 (Accounts Receivable/Reatinage)
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners retroactively
approve the printing of a check to DooleyMack in the amount of $122,164.35, remaining DCA grant
funds, the sending of a copy of this check to DCA, and the holding of the check until the project is
complete.
MISSION ACTION:
bel APPROVED [] DENIED
[ ] OTHER: Approved 5-0
Coordination/Signatures
County Attorney: ~ O:rol1.
\( .......~.... '1..."", ~-r- i)", ....1 ,,-b"_ ~,......
Originating Dept: t.--
Roger A. Shinn
fl..:P
It.O·SVl..I.IV4lV
ou/N
Do las . Anderson
County Administrator
F¡uich~sjng Mgr.: ~ ì I I
\"'\e.,\ "~<è.o.. ~ \YY\t'jt:.r- \UnÖ
Other:
Finance: (Check for Copy only, if Applicable)
Eft. 1/97
H:\AGENDA\AGENDA-302 DOOLEYMACK-2.5 PARTIAL RETAINAGE RELEASE.DOC
ATTACHMENT
COUNTY ADMINISTRATION
MEMORANDUM
08-71
TO:
Shai Francis, Finance Director
FROM:
Douglas M. Anderson, County Administrator
DATE:
July 18, 2008
RE:
Dooley Mack Payment
This authorizes a payment to Dooley Mack in the amount of $122,164.35. It is my
understanding that this will be on the next Warrant List, which will be approved August 5tli.
We need the check to be dated no later than July 31stto satisfy a grant requirement. This
check will be a partial release of retainage, which will not be released to the contractor until
the job is complete.
DMNab 08-71
c: Heather Lueke, Assistant County Attorney
Melissa Simberland, Contracts Coordinator, Purchasing
Roger Shinn, Central Services Director
Attachments
AGENDA REQUEST
ITEM NO. IV-K2
DATE: Aug. 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: ROGER A. SHINN
DIRECTOR
SUBMITTED BY (DEPT): CENTRAL SERVICES
SUBJECT: Approve award of Bid #08-052 to the lowest bidder, Sherwin Williams-Purchase of
exterior latex paint and sealer for Central Services/Jail Maintenance.
BACKGROUND: On June 11,2008 invitation to bid went out on Bid #08-052-Purchase of exterior
paint and sealer for Central Services/Jail Maintenance. Bids were due July 2, 2008. Through
DemandStar 172 companies were notified and 4 bids were received.
Staff is seeking approval to award Bid #08-052 to Sherwin Williams to supply paint on an
"as needed basis" for the jail building exterior. Prices on the bid form are for each item listed in
one-gallon and 5 gallon quantity: (See Attachment)
· 1 gal. exterior semi gloss latex
· 5 gal. exterior semi gloss latex
· 1 gal. water based latex chalky surface sealer
· 5 gal. water based latex chalky surface sealer
Bid Price-$ 7.25
Bid Price-$36.25
Bid Price-$12.49
Bid Price-$60.00
FUNDS AVAIL: 107-1940-546200-1527 (Maintenance Improvement Projects)
PREVIOUS ACTION: On June 3, 2008, agenda item D-2, staff received Board approval to advertise
invitation to bid for the purchase of paint for the jails building exterior.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve award of
Bid #08-052 to the lowest bidder, Sherwin Williams-Purchase of exterior latex paint and sealer for
Central Services/Jail Maintenance. A purchase order will be issued for items on an "as needed
basis" .
MLSSION ACTION:
ßt APPROVED [] DENIED
[ ] OTHER: Approved 5-0
D gl s M. Anderson
County Administrator
Mgt. & BUdget:~ '--í()~ Purchasing fI1gr.:_ ~Q
""í,->\lOl1r"" J.,hn5/> /'HQne DW,/) ~'\:)et!>"~ec..Q.i.~\"'O
Other: Other:
Coordinc..........,.., ......~........u......
County, Attorney: ~ ():nI1
:'\....w....- '1"""} ~..... O"",,-<t .......~/"C..
Originating Dept: . ~
Roger A. Shinn
Finance: (Check for Copy only, if Applicable)
Eff. 1/97
H:\AGENDA\AGENDA-303 ROCK ROAD JAIL PAINT BID.DOC
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ITEM NO. VI-L
=AI ~. \
COUNTY ~;>.
FLORIDA·
DATE: Auaust 6. 2008
AGENDA REQUEST
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT: (X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): UTILITIES DEPARTMENT
PRESENTED BY:
è/1W1..e· ~
Laurie Case
Utility Director
SUBJECT: Staff requests approval of the First Amendment to the agreement between Severn Trent
Environmental Services, Inc. and St. Lucie County.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: Board of County Commissioners approved Contract #C07-03-174 between Severn Trent
Environmental Services, Inc. and St. Lucie County in March 2007.
RECOMMENDATION: Staff recommends Board approval of the First Amendment to the agreement between
Severn Trent Environmental Services, Inc. and St. Lucie County.
COMMISSION ACTION:
~~PPROVED 0 DENIED
[rOTHER: Approved 5-0
I!l"'((.unty Attorney: I~
J}¡ n i~· ( :;, flìCI;,1¿J{l
~ginating Dept: ~
Ltl\4f(e. CA~Q..
Review and Approvals
D Management and Budget:
D Purchasing:
D Other:
o Other:
o Finance: (Check for copy only, if applicable):
Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777
or TTD 772-462-1428, at least 48 hours (48) prior to the meeting.
UTILITY DEPARTMENT
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Laurie Case, Utility Director ~
AugustS, 2008
DATE:
RE:
Severn Trent Staff Environmental Services, Inc. Contract Amendment
BACKGROUND: Severn Trent has been providing utility billing services to the County through a
separate piggy-back of Severn Trent's agreement with the City of Miami Springs. The County now
wishes to amend its operations contract with Severn Trent to include these billing services at the same
rates, fees and charges currently being charged. This amendment is necessary to maintain the level of
service to the Utility customers. Since the inception of the contract, billing operation costs have
increased.
The amendment attache.d shows the proposed fee schedule.
RECOMMENDATION: Staff recommends Board approval of the First Amendment to the agreement
between Severn Trent Environmental Services, Inc. and S1. Lucie County.
1
"
FIRST AMENDMENT TO THE OPERATION AND MAINTENANCE
AGREEMENT FOR WATER, WASTEWATER, AND RECLAIMED WATER
BETWEEN SEVEN TRENT ENVIRONMENTAL SERVICES, INC. AND ST. LUCIE
COUNTY, FLORIDA
THIS FIRST AMENDMENT is made this I st day of August, 2008, by and between St.
Lucie County, Florida, a political subdivision of the State of Florida (the "County") and Severn
Trent Environmental Services, Inc ("Operator''').
WIT N ESE T H:
WHEREAS, on March 23,2007, the parties entered into an Operation and Maintenance
Agreement for Water, Wastewater, and Reclaimed Water (the" Agreement") whereby the Operator
agreed to operate, maintain and manage the County's Facilities; and
WHEREAS, the Agreement allows for the amending ofthe Agreement to provide additional
services to the County by Operator; and
WHEREAS, to date, the County has utilized the services of Operator to provide certain
utility billing services through an arrangement with Operator and the City of Miami Springs,
Florida; and
WHEREAS, the parties now desire to incorporate these utility billing services into the
Agreement at the same rates, fees and charges currently being charged to the County by the
Operator.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree to amend the Agreement as follows:
1. All capitalized terms contained in this First Amendment and not specifically defined
herein shall have the meaning provided to such terms in the Agreement.
2. Section 4.18 shall be added to the Agreement and shall read as follows:
4.18 Utility Billing Services
The County authorizes Operator to perform the following services at the rates and charges
shown in Section 8.6 below, without the necessity of any further authorization.
a. Utility Billin!! Related Services
1. Print, prepare and mail monthly utility bills.
1
\
J
ii. Prepare and mail revised or corrected bills or small transmissions ofIess than
fifty (50) pieces (miscellaneous bills) and final notices, including return
envelopes.
iii.If requested by County, Operator will stuff one (1) County-provided insert
per bill.
b. Special Services. The following services will be provided upon County's request:
1. Special Customer Notices. Prepare and/or print special notices - with a
charge quoted and agreed to by the parties for each notice.
ii. Mail Special Customer Notices. Mail notices separately (not included with a
utility bill) to County's customers - with a charge quoted and agreed to by
the parties for each mailing
3. Section 7.10 shall be added to the Agreement and shall read as follows:
Section 7.10 Additional Responsibilities of the County
a. Maintain up-to-date information on County's customer accounts by entering data into
County's designated computer system.
b. Produce bill printing extracting files in format acceptable by Operator's designated
computer system.
c. Transmit bill printing and final notice extract files to Operator's designated computer
system via electronic media. County is responsible for all costs associated with
transmission cost and hardware on County's premises.
d. Provide Operator with annual data transmission, printing and mailing schedule by
December of each Agreement Year.
e. Notify Operator in writing at least thirty (30) days prior to effective date of change of
County's return address and/or zip code, changes to rates, and any other material
change.
f. Post billing transmissions to County FTP server for Operator retrieval and send
electronic mail to Operator with each confirmation of posting.
4. Section 8.6 shall be added to the Agreement and shall read as follows:
8.6 Utility Billing Rates, Fees and Charges
The following rates, charges and other provisions shall be applicable to the utility billing
2
)
,
services provided by Operator in accordance with Section 4.18.
a. Billine Printine and MaHine
1. Print, prepare and mail bills - $0.50 per bill
11. Prepare and mail revised or corrected bills or small transmissions ofless than
50 pieces (miscellaneous bills) and final notices, including return envelope:
$1.02 per bill.
111. If requested by County, Operator will stuff one (1) County provided insert
per bill: $0.05 per bill.
IV. Non-bulk rate billings (transmissions less than 500 pieces): $0.60 per bill
printed.
v. Current U. S. Postal Service postage rates for addresses within the
continental United States are included for the above services. Canadian and
foreign postage is extra and will be charged at the actual current U.S. Postal
rates above regular mailing price. Any increase in US Postal rates will result
in a corresponding increase in the above rates applicable to mailing customer
bills upon effective date of increase.
b. Additional Provisions Applicable to Rates and Charees
1. All charges for preparing and mailing customer bills and notices include first
class postage for U.S. addresses. Amounts equal to any increase in the U.S.
Postal Service rates applicable to mailing customer bills upon effective date
of increase.
11. Computer system program and report format changes requested by County's
requiring less than one half(l/2) hour programmer time will be made without
extra charge; however, extra charges will be applicable to changes to
Operator's standard programs and formats requiring more than one half(1/2)
hour programmer time (see rates in Section 8.6(b)(iii) above for
programming services).
lll. The rates and charges shown herein are exclusive of any sales or use taxes
which may be applicable to the services provided by Operator and are subject
to increases in the amount of any such taxes.
IV. All handling and delivery charges pertaining to reports and other documents
are at County's expense.
3
,
-..
,
v. On or about the 10th day of each month, Operator will render an itemized
invoice for the utility billing services performed during the preceding month.
Invoices are due and payable in accordance with the Florida Statutes Prompt
Payment Act.
VI. The rates and charges shall be amended upon implementation of County's
request for changes to the character of services or procedures in connection with
performing the same, in which case the parties shall prepare an addendum to this
Agreement setting forth the compensation for such services.
5. This First Amendment shall be effective on April 1, 2008.
6. Except as expressly amended herein, all of the remaining terms and conditions of the
Agreement as amended shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date and year first above written.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ATTEST:
SEVERN TRENT ENIRONMENTAL
SERVICES, INC.
BY:
Charles D. Massey, Jr.
Regional General Manager
4
'"" ","
~/
Agenda Request
Item Number Î
..JZL' /J,
Meeting Date: 08/512008
Consent
Regular
Public Hearing
Leg. [
[ X]
[ ]
[ ]
Quasi-JD [
]
To:
Submitted By:
~ ~;:r-
~ Mark Satterlee
Growth Management Director
Request permission to advertise for two public hearings considering Draft
Ordinance No. 08-025 amending Land Development Code Section 7.04.00
Area, Yard, Height, and Open Space Requirements Table 7-10 Lot Size and
Dimensional Requirements to permit the construction of a handicap ramp to
encroach up to 50% of any required front, rear and side yard setback.
See attached memorandum.
Board of County Commissioners
Growth Management Department
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
On July 17, 2008 public hearing on this matter, the Local Planning Agency, by
a vote of 9-0 recommended approval of this Ordinance.
Staff recommends that the Board authorize staff to advertise the following
Public Hearings to be held on August 19, 2008 at 6:00 p.m. and September 2,
2008 at 6:00 p.m. or as soon thereafter as possible.
COMMISSION ACTION: CONC
00 APPROVED 0 DENIED
RECOMMENDATION:
D OTHER
Approved 5-0
ENCE:
Douglas M. Anderson
County Administrator
County Attorney
Coordinationl Signatures
~.
Oatl W-~ m~~¡r¿
Code Compliance:
E.R.D.:
County Surveyor:
County Engineer:
Other:
Form No. 07-07
v
GROWTH MANAGEMENT DEPARTMENT
PLANNING
MEMORANDUM
1
2 TO: Board of County Commissioners
¡ THROUGH: Mark Satterlee, Growth Management DirerJ.or~
5 Kristin Tetsworth, Planning Manager
6
7 FROM: Linda Pendarvis, Planner
8
9 DATE: July 28, 2008
10
11 SUBJECT: Request permission to advertise for two public hearings considering Draft
12 Ordinance No. 08-025 amending Land Development Code Section
13 7.04.00 Area, Yard, Height, and Open Space Requirements Table 7-10
14 Lot Size and Dimensional Requirements to permit the construction of an
15 accessible handicap ramp to encroach up to 50% of any required front,
16 rear and side yard setback.
17
18
19 Backaround:
20
21 The Growth Management Department has received several variance applications from
22 St. Lucie County residents requesting variances to construct a handicap ramp within the
23 required setbacks of various residential zoning districts. The Board of Adjustment has
24 the authority to grant variances up to 100 % from the dimensional requirements of the
25 Land Development Code. A variance application fee is $850.00 and may take three to
26 four months to prepare for a Board of Adjustment public hearing.
27
28 The Growth Management Department has been requested to explore alternatives to
29 expedite the permitting of accessible handicap ramps in limited circumstances. As
30 such, staff is proposing an amendment to the land Development Code Section 7.04.00
31 Area, Yard, Height, and Open Space Requirements, Table 7-10 Lot Size and
32 Dimensional Requirements. The amendment will allow an uncovered accessible
33 handicap ramp to encroach up to 50% of any required yard setback per the applicable
34 residential zoning district. Attached to this memorandum is Draft Ordinance No. 08-025
35 providing for the addition of Note (I) to Table 7-10 and applying to Table 7-10 lot Size
36 Dimensional Requirements the residential zoning districts that may allow this
37 encroachment.
,.
1
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Recommendation/Conclusion:
Staff is therefore requesting that the Board authorize staff to advertise the following two
public hearings to be held on August 19, 2008 at 6:00 p.m. and September 2,2008 at
6:00 p.m. or as soon thereafter as possible.
Approved by: è~
DEPART ENT OF GROWTH MANAGEMENT
lap
cc: File
......:-., "'\t. _, '"
"
ORDINANCE NO. 08-025
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING TABLE 7-10 LOT SIZE
AND DIMENSIONAL REQUIREMENTS~T TO INCLUDE
NOTE (I) TO PERMIT THE CONSTRUC",'8F AN ACCESSIBLE
HANDICAP RAMP TO ENCROA TO 50% OF THE
REQUIRED YARD SETBACK; P . FOR CONFLICTING
PROVISIONS, SEVERABILI1J'~ L ...... ; UTY; PROVIDING
FOR FILING WITH THE ~'.MENT OF S"~:rE, PROVIDING
FOR ADOPTION AND CQDlFlCATION; AND AN et=:FECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie COl,Jnty, Florida, has made the
following determinations:
1. This Board is authorized by Sectipo125.01 (1 )(h), Florida Statutes (2004), to
establish, coordinate and enforce~oning and such business regulations as are necessary for the
protection of the public; and,
2. This ßpard is authorized by Section. 125.0 1 (1)(t) to adopt ordinances and resolutions
necessary fortn....~.~is.of its powers and to. prescribe fines and penalties for the violations of
ordinances in accordance With Jaw;_
3. On August 1, 199()¡~he Board of County Commissioners of St. Lucie County, Florida,
adopted the St. Lucie County La~'Development Code.
The~()ardOf(1;()J.Í#~;Comrnissioners has adopted certain amendments to the St.
Lucie County LandoeveJopment'~e, through the following Ordinances:
91-03 -
91-21 -
93-01 -
93-05 -
93-07 -
94-18 -
95-01 -
97-01 -
97-03 -
99-02 -
99-04 -
99-15 -
99-17 -
00-10 -
00-12 -
March 14, 1991
November 7,1991
Februa,y16, 1993
May 25,1993
May 25,1993
August1€),t994
Jal'ltJarytQ,1995
March4¡1997
September 2, 1997
April 6, 1999
August 17, 1999
July 20, 1999
September 7,1999
June 13, 2000
June 13, 2000
91-09 -
92-17 -
93-03 -
93-06 -
94-07 -
94-21 -
96-10 -
97-09 -
99-01 -
99-03 -
99-05 -
99-16 -
99-18 -
00-11 -
00-13 -
Stp~el( thp811gh passages are deleted. Underlined passages are added.
May 14, 1991
June 2, 1992
February 16, 1993
May 25, 1993
June 22, 1994
August 16, 1994
August 6, 1996
October 7, 1997
February 2, 1999
August 17, 1999
July 20, 1999
July 02, 1999
November 2, 1999
June 13, 2000
June 13, 2000
01-03-
02-09-
02-29-
04-02-
04-33-
05-03-
05-07 -
05-23 -
06-13 -
06-40 -
07-17 -
December 18, 2001
March 5, 2002
October 15, 2002
January 20, 2004
December 7, 2005
August 2, 2005
January 18, 2005
September 20, 2005
June 6, 2006
August 1, 2006
June 5, 2007
02-05-
02-20 -
03-05 -
04-07-
05-01-
05-04-
05-16-
06-05..
øe.;a0 -
06-47 -
07-32 -
June 24, 2002
October 15, 2002
October 7, 2003
April 20, 2004
March 15, 2005
August 2, 2005
August 16, 2005
April 18, 2006
September 12, 2006
December 5, 2006
November 6, 2007
5. On July 17, 2008, the LocalPlanning Agency/Planning and Zoning Commission held
a public hearing on the proposed ordinanÇElafter publishing notice in the Port St. Lucie News and
the Tribune at least 10 days prior to the hearing and reCC)l'l'lmended that the proposed ordinance be
(approved/denied) .
6. On August XXX, 2008, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on
XX, 2008.
7 . On Augu$t XXX, 2008, this B~rd held its second public hearing on the proposed
ordinance, afterpublishing a notice of such hearing in the Port St. Lucie News and the Tribune on
August XX, 2008.
8. The proposed amendments to the St. Lucie County Land Development Code are
con~i~tent with the generalpurpe')r¡e, goals, objectives and standards of the St. Lucie County
COrn~rehensivePlanand a,.il'lt~, best interest of the health safety and public welfare of the
citizens of St. Lucie County , Flotk:ta.
NO~, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
PART A. The specific amendment to the St. Lucie County Land Development Code to
read as follows, include:
CHAPTER VII
DEVELOPMENT DESIGN AND
IMPROVEMENT STANDARDS
7.04.00 AREA, YARD, HEIGHT AND OPEN SPACE REQUIREMENTS
TABLE 7-10 LOT SIZE and DIMENSIONAL REQUIREMENTS (see attach)
StFl:lel( t"'F9I:1g'" passages are deleted. Underlined passages are added.
2
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PART B.
CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable, only to Unincorporated areas of St. Lucie
County, County ordinances and County resolutions, orpªrtsthereof, 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 deplared to be unconstitutional,
inoperative or void, such holding shall notaffect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to ,~inapplicable to any person, property, or
circumstance, such holding shall not affect its appliêability to any other person, property, or
circumstance.
PART D.
APPLICABILITY OF:~t)INANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E.
Flt.tNG'wrl'HTHE DEPAftT.....TOF'ST ATE.
The Clerk is hereby directeClforthwith to send a certified copy of this ordinance to the Bureau
of Administrative Code and Laws"i[)epartmenlof State, The Capitol, Tallahassee, Florida 32304.
PARTF.
EFFECTIVEDAie. ",
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 .Jo$eþhE. Smith
xxx
Commissioner Charles Grande
xxx
XXX
XXX
Vice Chairman Paula A. Lewis
Commissioner Doug Coward
Commissioner Chris Craft
XXX
ðtf'l:lsh 'tkf'sl:lgk passages are deleted. Underlined passages are added.
3
PART H.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie
County, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may b~~lJmbered or relettered to accomplish
such intention; provided, however, that Parts B through.H$líSffnot be codified.
PASSED AND DULY ADOPTED this XXXday.e>fllugust, 2008.
SOARD OF COUNTY COMMISSIONERS
ST~LUCIE COUNTY,FLQRIDA
ATTEST:
BY:
)m
Deputy Clerk
APP~OVED ASi~2 FORM
ANDCQRRECTNles
County Attorney
Stl'ysl( th"8ygh passages are deleted. Underlined passages are added.
4
St. Lucie County
Physician's Certification of
Total and Permanent Disability
Parcel 10 Number
(for Code Compliance use only)
Physician's Name (Please Print)
A physician licensed pursuant to Chapter 458 or Chapter 459, Florida Statues,
hereby certify
Patient's Name (Please Print)
residing at
Patient's Address
is totally and permanently disabled as of
mental or physical condition(s):
, due to the following
Date
Quadriplegia
Paraplegia
_ Hemiplegia
Legal Blindness
Other total and permanent disability requiring use of a wheelchair for
mobility
Please check here if patient is totally and permanently disabled but does
not require a wheelchair for mobility
It is my professional belief that the above named condition(s) render this
individual totally and permanently disabled and that the foregoing statements are
true, correct, and complete to the best of my knowledge and professional belief.
Signature:
Date:
Address:
Florida Board of Medical Examiners License No.:
Date License Issued:
Agenda Request
Item Number
Meeting Date:
VII - A
8/5/08
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[ ]
[x ]
Quasi-JD [ x ]
To:
Submitted By:
Board of County Commissioners
~~
Gro Management Director
Continue the public hearing to consider the petition of New Horizons of the Treasure
Coast for a Major Adjustment to an Approved Conditional Use Permit to:
· Expand Mental Health Facilities (Medical and other health services) and Social
Services in the I (Institutional) Zoning District;
· Allow for the proposed children's residential care program called "Children's Crisis
Facility"; and
· Consolidate previous New Horizons Conditional Use Permit approvals (File No.:
CUMJ 120081380).
Growth Management Department
SUBJECT:
BACKGROUND:
On June 17, 2008, this Board continued the public hearing on the subject petition until
August 5, 2008 to allow the site plan associated with the conditional use permit to be
completed and considered for approval at the same hearing. The revised site plan
documents were submitted to the Growth Management Department on July 25, 2008 and
are currently under review by staff. Staff has not had time to complete the review of the
documents and request that the public hearing for the conditional use permit be continued
until your September 16, 2008 meeting date to allow adequate time for the required review.
The project lands include two existing tracts of land, a 9.05 acre tract and a 9.99 acre tract,
each with its own Conditional Use Permit. The Children's Crisis Facility is proposed for
location on the 9.05 tract with a Conditional User Permit that is currently limited to out-
patient and administrative services. The Children's Crisis Facility will be a 13,000 square
foot residential care center, requiring lifting of the limiting condition.
FUNDS AVAILABLE:
PREVIOUS ACTION:
N/A
RECOMMENDATION:
On June 17, 2008, this Board continued the request for a Major Adjustment to the Approved
Conditional Use Permit until August 5, 2008.
Continue the petition of New Horizons of the Treasure Coast for a Major Adjustment to an
Approved Conditional Use Permit to Expand Mental Health Facilities (Medical & other
health services) and Social Services in the I (Institutional) Zoning District until September
2, 2008 at 6 PM.
COMMISSION ACTION:
[!J APPROVED c=J DENIED
c:=J OTHER Approved 5-0 Motion to
Continue to September 2,
2008 at 6:00 p.m. or as
soon thereafter as
possible. Coordination/ Signatures
County Attorney ~ ',meJA.~ ,t. ~ Budget:
E.R.D.: ~~\/~'\fÞn61ic Works:
Cty. Engineer: Other:
~' .~. Y<rlP'i...._-y.
Purchasing:
Cty. Surveyor:
Other:
~tI
: c,. ~ tI f-1-r.:.r."¡.$
Form No. 07-07
GROWTH MANAGEMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
Board of County Commissioners
THROUGH:
Mark Satterlee, Growth Management Director
Kristin Tetsworth, Planning Manager
FROM:
Diana Waite, Senior Planner
DATE:
July 28,2008
SUBJECT:
Petition of New Horizons of the Treasure Coast, Inc. for a Major
Adjustment to an Approved Conditional Use Permit to Expand Mental
Health (Medical and other Health Services) and Social Services in the I
(Institutional) Zoning District for property located at 4300 West Midway
Road (File No.: CUMj620071252).
On June 17, 2008, this Board continued the public hearing on this petition until August 5, 2008
to allow time for the site plan associated with the conditional use permit to be completed and
considered for approval at the same hearing. The revised site plan documents for the project
were submitted to the Growth Management Department on Friday, July 25, 2008 and are
currently under review by staff. This did not allow adequate time for the Development Review
Committee to conduct the required review and approval of the revised site plan documents. This
is to request that the public hearing for the conditional use permit be continued until your
September 2, 2008 meeting to allow additional time for staff to review the revised site plan
documents for the New Horizons Major Site Plan project.
Staff recommends the Board continue the request of New Horizons of the Treasure Coast, Inc.
until your September 2,2008 meeting.
r
ITEM NO. VIII
DATE: August5,2008
AGENDA REQUEST
REGULAR (X)
PUBLIC HEARING ( )
CONSENT ( )
PRESENTED BY: ~
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Solid Waste Department
Leo·J. Cordeiro. Solid Waste Director
SUBJECT: Staff request Board approval of Resolution No. 08-242 - 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.
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: This item was rescheduled from the July 8th Board of County
Commissioners' meeting.
RECOMMENDATION: Staff recommends Board approval of Resolution No. 08-242 - 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.
COMMISSION ACTION:
~ APPROVED () DENIED
( ) OTHER
Approved 5-0
Dougl . Anderson
County Administrator
Coordination/Sianatures
County Attorney (x) ,k'
D mJ It.[. 5, MC't,~t~¡rlZ
Mgt. & Budget (x) ~ Purchasing (
Ja.t'lt\, \oU ~, \ \
Other ( ) Other ( )
Other ( )
Finance: (check for copy, only if applicable)_
SOLID WASTE DIVISION
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Leo J. Cordeiro ~
Solid Waste Director g¿:/
DATE:
July 25, 2008
RE:
Solid Waste Rate Resolution
In January of 1992, the tipping fee rates at the S1. 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. Our total operating cost in
1992 was approximately $6,000,000.
In 2008, our total operating cost is estimated to be approximately $12,000,000; a 100% increase. Due to
the current economic downturn impacting all aspects of government, the Solid Waste Department will
likely 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. As the decline in
revenue is projected to continue for the next several years, staff is looking for ways to overcome the loss.
Numerous cost saving measures have been implemented, We have cancelled the office cleaning service
and lawn maintenance service. The cancelled services are now t?eing accomplished with existing
personnel. We also have stopped purchasing bottled water and installed motion sensors on all office light
switches. In addition, we have dramatically reduced overtime and reduced staff" by six positions. The net
affect of these savings have been negated due to increased costs in benefits such as FICA, retirement,
workers compensation and unemployment compensation.
Our consulting engineers, Camp Dresser & McKee, Inc. (CDM) has reviewed our current costs and
revenues. Based on their analysis, CDM has proposed increases to the tipping fees. Attached is the
report from COM and as it indicates, the proposed tipping fee rate increases for class 1 garbage is from
$32 per ton to $41 per ton, construction and demolition debris from $19 per ton to $29 per ton and the rate
for yard waste from $20 per ton to $26 per ton. CDM projects the revenue generated by the tipping fees
increases will be $3,118,600 which is projected to balance with our projected annualized expenses for the
2009-2010 fiscal year; the year of implementation of the new fee structure.
For the 2008-2009 fiscal year, staff projects to have another $2.5 million shortfall in revenues. That
shortfall, as is the case with the $2.5 million projected shortfall this year, will have to be covered from
reserve funds. Absorption of the shortfall for both fiscal years is likely to bring the reserves funds down as
low as $500,000 by the time the increased tipping fees go into effect in the 2009-2010 fiscal year. Our
reserve funds have been maintained at a level of $2.5 million on an annual basis.
1
..
If approved, the impact of the proposed tipping fee increases to an individual home for residential services
in S1. Lucie County is $1.19 per month. If approved, this will allow 14 months notice for budgeting and
adjustments to the tax rolls for both cities and the county non-ad valorem tax roll.
Staff recommends Board approval of Resolution No. 08-242.
LJC:dls
Attachments
2
l"è1yt: ~ VI ,
CDM
1701 Highway A- 1 -A, Suite 301
Vero Beach. Florida 32963
tel: 772231-4301
fax: 772 231-4332
July 22, 200B
Mr. Leo J. Cordeiro
Solid Waste Manager
St. Lucie County
6120 Glades Cut-Off Road
Ft.·Pierce, Florida 349B1
Subject:
Estimate of Required ripping Fee Levels for Fiscal Year 2010
Dear Mr. Cordeiro:
As you requestedl CDM has estimated the required levels for tipping fees for the Fiscal Year
beginning October 1, 2009 (Fiscal Year 2010). We understand you have requested this analysis
well in advance of that year to allow adequate planning by other jurisdictions which will be
affected by any adjustments to tipping fees.
To develop our estimated levels for tipping feesl we agreed to base our analysis on
annualized Fiscal Year 2008 year-ta-date solid waste tonnage deliveries and expenditures. As
has been recently reported by many jurisdictionsl solid waste deliveries have actually
decreased significantlYI largely as a result of housing market economics. Because solid waste
revenues are generated on a per-ton tipping fee basisl such loss of tonnages exerts negative
operating leverage causing revenues to decrease at a much faster rate than costs. Accordingly,
to sustain revenue adequacy, a review of the cost of service and resultant tipping fee
requirements is appropriate at this time.
Table A presents an analysis. of Fiscal.year 200B-to-date costs, adjusted costsJor Fiscal Year
20101 and the allocation of costs to the three waste categories of Class I, C&D, and Vegetative
wastes. Annualized costs to date have been escalated by three percent for two years to derive
estimàted Fiscal Year 2010 costsl with two exceptions. (No increase has been provided for
Salaries & Benefits or for Cover Material Allowance.) A new line item for Leachate
Pretreatment has been included to reflect this additional cost to commence within the next
year. Many of the line items have been allocated ratably to each waste class based on their
respective percentages of tonnages. Other line items are assigned based on the specific benefit
they provide to a particular waste class, as indicated in the IINotesll column.
jb1796.doc
consulting. engineering. construction· operations
..,
CDIVI
Page 2 at 4
..
Mr. Leo J. Cordeiro
July 22, 2008
Page 2
Table B presents the calculated rate per ton of solid waste for each waste class. Rounding up
to the nearest $1.00 per ton provides some contingency in developing the recommended
levels for tipping fees effective October 1,2009. The recommended tipping fees are:
· Class I: $41.00 per ton.
· C&D: $29.00 per ton.
· Vegetative: $26.00 per ton.
We all recognize that the current economic climate is very volatile, and significant changes
could occur in pricesl solid waste generation rates and other parameters over the course of the.
next year. AccordinglYI we recommend that this analysis be revisited a year hence early
during the budget preparation cycle to confirm or revise our estimates.
We appreciate the opportunity to serve St. Lucie County on this important assignment. Please
contact us with any questions or comments. Thank you.
verY,trulY y urs, /"'
( 1J.~
~T. Anderson, P.E1 BCEE
Principal Engineer
Camp Dresser & McKee Inc.
File: 6277-61879
cc: Ron Robertsl SLC
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ST. LUCIE COUNTY, FLORIDA, SOLID WASTE SYSTEM
ESTIMATED TIPPING FEES FOR FISCAL YEAR 2010
CALCULATION OF FY 2010 TIPPING FEES BY WASTE CLASS
Descriotion Class I C&D Veaetative
Total Annual Revenue Reauirements (1) $8,805,566 $2,502,795 $1,278,676
Estimated Total Annual Tons (2) 217,000 86,800 49,600
Estimated Total Cost Per Ton (3) $40.58 $28.83 $25.78
Recommended Tiooina Fee Rate (4) $41.00 $29.00 $26.00
(1) Taken from Table A
(2) Equals Fiscal Year 2008 year-te-date annualized, with no adjustment for potential
future growth.
(3) Equals Total Annual Revenue Requirements divided by Estimated Total Annual Tons.
(4) Equals Estimated Total Cost Per Ton rounded up to nearest whole dollar value.
jÞ1796 Tables.x1s
page 't UI 'T
RESOLUTION NO. 08-242
A RESOLUTION INCREASING THE TIPPING FEE RATES AT
THE ST. LUCIE COUNTY LANDFILL 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 have 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.
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 loåd
2. Tonnage rates, apþlicable to all loads in excess of the minimums set forth in
paragraph 1.
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:
Stp't1ell tkP'lltl!Jk passages/words are deleted.
1
Underlined pasSQges/words are added.
Regular fee
Uncovered fee
$~
$~
41.00 per ton
82.00 per ton
b. Class III - Construction and demolition debris, building materials, and
packaging materials:
Regular fee
Uncovered fee
$~
$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
$2M9
$49:00
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
$ 51.00 per ton
$102.00 per ton
road tires:
f. All tires 20" rim size and larger including float tires, truck tires and off
Regular fee
Stl"lleh thl"ø~h passages/words are deleted.
$300.00 per ton (No cover required)
2
Underlined passages/words are added.
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:
Pressure treated wood; and painted wood, wood pallds and 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-designèe and shall be charged at twice the stated
fee.
SECTION B.
Municipalities and permitted operators shall pay the fees specified in Section A of
this Resolution monthly following receipt of collection charges.
Strlleh thrallgh passages/words are deleted.
3
Underlined passages/words are added,
..
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.
All 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:
ChåirmanJoseph 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
Strll~h thrsll§h passages/words are deleted.
4
Underlined passages/words are added.
'\vi'
AGENDA REQUEST
ITEM NO. ~
DA TE: August 5/ 2008
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT):
County Attorney
Robert O. Freeman
Bond Counsel
SUBJECT: Resolution No. 08-257 - Authorizing Term Loan to Provide Permanent
Financing for Lake Drive MSBU Special Assessment Project
BACKGROUND:
See attached memorandum
FUNDS A V AILABLE:
PREVIOUS ACTION:
RECOMMEND A TION:
Staff recommends that the Board adopt Resolution No. 08-257
and authorize the Chairman to sign the Resolution.
(X] APPROVED [ ] DENIED
[ ] OTHER:
Approved 5-0
Dou asAnderson
County Administrator
COMMISSION ACTION:
Review and Approvals
;,.}ç) County Attorney: /!i ,.£--..... Management & Budget
,"" . ¡,:t~"It"J"l"'tt> J~'J"r'{:.~:·i'ì';!-:>r\.tt~
Originating Dept. Public Works Dir:
Solid Waste Dir.:
County Eng.:
Finance: (Check for copy only. if applicable)
Eff. 5/96
'f
,
¡
Bryant · Miller · Olive P.A.
Attorneys at Law
MEMORAND·UM
RE:
Resolution 08-257 Authorizing Term Loan to Provide Permanent Financing
For Lake Drive MSBU Special Assessment Project
TO:
Chairman and Members of the Board of County Commissioners of
St. Lucie County, Florida
FROM:
Robert Freeman
Bob Reid
DATE:
July 27, 2008
The attached resolution provides for approval of a bank loan (the "Loan") from SunTrust Bank,
and the issuance of a bond in connection with the Lake Drive Municipal Services Benefit Unit.
The loan, in the principal amount of $150,000, will refinance the outstanding interim loan from
the line of credit by SunTrust and used to finance the acquisition and construction of water
improvements within the Lake Drive MSBU.
The documentation for the Loan consists of a Loan Agreement between the County and SunTrust
Bank similar in form to documentation previously approved by the Board for take-out loans for
other MSBU financings.
(5000/99/00261816.DOCvl }
Security for the loan will be the special assessments levied against the benefited property in the
Lake Drive MSBU. Neither the faith and credit nor taxing power of the County would be
pledged.
Closing of the loan is scheduled to occur on or about August 7, 2008.
cc: Daniel S. McIntyre, County Attorney
Douglas M. Anderson, County Administrator
Barbara Guettler, MSBU Coordinator
Ed Fry, Clerk of the Board
Marie Gouin, Management and Budget Director
Jay Glover, Public Financial Management
"
RESOLUTION NO. 08-257
A RESOLUTION OF mE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 94-196;
PROVIDING FOR THE BORROWING OF $150,000 TO REFUND AMOUNTS
PREVIOUSLY DRAWN UNDER A SUNTRUST LINE OF CREDIT TO FINANCE
mE COST OF WATER IMPROVEMENTS WImIN THE LAKE DRIVE
MUNICIPAL SERVICES BENEFIT UNIT IN mE COUNTY AS PREVIOUSLY
AUmORIZED BY mE BOARD; PROVIDING FOR A TERM LOAN FROM
SUNTRUST BANK TO THE COUNTY IN SUCH PRINCIPAL AMOUNT
PURSUANT TO THE COMMITMENT OF SUNTRUST DATED JUNE 9, 2006;
PROVIDING FOR mE ISSUANCE OF A $150,000 SPECIAL ASSESSMENT
IMPROVEMENT BOND, SERIES 2008A (LAKE DRIVE MSBU), AS EVIDENCE OF
THE COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; PROVIDING
FOR THE EXECUTION AND DELNERY OF A LOAN AGREEMENT BE1WEEN
mE COUNTY AND mE BANK CONTAINING TERMS AND CONDITIONS
RELATING TO SUCH LOAN; PROVIDING FOR mE PAYMENT OF mE BOND
FROM CERTAIN PLEDGED REVENUES, INCLUDING SPECIAL ASSESSMENTS;
AUmORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH mE
DELNERY OF mE BOND AND THE LOAN AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY mE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the
provisions of the Act, Section 5.01(F) of the Master Resolution and Resolution No. 06-264, adopted
on August 22,2006 (the "Commitment Resolutionff)1 and is supplemental to the Master Resolution
and the Commitment Resolution.
Section 2. Definitions. The following terms shall have the following meanings when used
in this resolution unless the context clearly requires otherwise. Words importing singular number
shall include the plural number in each case and vice versa, and words importing persons shall
include firms and corporations. Capitalized terms used herein and not otherwise defined shall
have the meaning set forth in the Master Resolution or the Loan Agreement.
ff Actff means Chapter 125, Part I, Florida Statutes; County Ordinance No. 87-77, as
amended; and other applicable provisions of law.
"Bank" means SunTrust Bank, a corporation organized and existing under the laws of the
State of Georgia, acting through its offices in West Palm Beach, Florida.
{5000/99/00259879.DOCv2 }
IIBoardll means the Board of County Commissioners, as the governing body of the County.
IIBond Resolutionll meansl collectively, the Master Resolution, the Commitment.
Resolution, this resolution and all resolutions amendatory thereof or hereof and supplemental
thereto or hereto.
IIChairmanll means the Chairman of the Board, or in the Chairman's absence, the Vice
Chairman.
IIClerkll means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's
absencel any Deputy Clerk.
IICommitmentll means the commitment submitted to the County by the Bank, dated June 91
2006.
IICommitment Resolutionll means Resolution No. 06-264, adopted August 22, 2006,
accepting the Bank's Commitment to provide both interim and permanent loans to the County to
finance various MSBU Projects.
IICountyll means St. Lucie County, Floridal a political subdivision of the State of Florida.
IICounty Administratorll means the County Administrator of the County.
IILake Drive MSBUII means the MSBU established pursuant to Resolution No. 05-232,
adopted by the Board on June 7, 2005.
IILake Drive MSBU Assessment Resolutions" means, collectively, Resolution No. 07-026,
adopted January 161 20071 and Resolution No. 06-190, adopted July 8,2008.
2
IILake Drive MSBU Assessments" means the special assessments levied within the Lake
Drive MSBU pursuant to the Lake Drive MSBU Assessment Resolutions.
IILake Drive MSBU Bond" means the Special Assessment Improvement Bond, Series 2008A
(Lake Drive MSBU), of the County, which shall be in substantially the form attached to the Loan
Agreement as Exhibit A.
IILake Drive MSBU Project" means the water utility improvements within the Lake Drive
MSBU in order to connect the properties to the regional water utility system.
IILake Drive MSBU Project Costs" means all or a portion of the cost of undertaking the
Lake Drive MSBU Project including, but not limited to: construction costs of the improvements;
acquisition of any lands, engineering, legal, accounting, and financial expenses; expenses for
estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal
{5000/99/00259879 DOCv2 }
agents, financial advisors or consultants; administrative expenses, capitalization of interest for a
reasonable period of time after date of issuance and delivery of the Lake Drive MSBU Bond,
establishment of reasonable reserves for payment of Debt Service; expenses and costs of issuance;
reimbursement to the County for any sums heretofore expended for the foregoing purposes;
repayment of the advance made under the Line Of Credit; and such other costs and expenses as
may be necessary or incidental to the financing or refinancing of the Lake Drive MSBU Project.
"Line of Credit" means the principal amount of $10,000,000 made available by the Bank to
the County to finance the engineering and construction of capital projects within municipal
services benefit units and approved by the County pursµant to the provisions of the Commitment
Resolution, and a Loan Agreementl dated as of September 18, 2006, between the County and the
Bank.
"Loan" means the advance of moneys from the Bank to the County pursuant to the Loan
Agreement.
"Loan Agreement" means the Loan Agreement between the Bank and the County setting
forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A, with
such modifications and changes thereto as shall be approved by the Chairman, upon the advice of
the County Attorney, such approval to be evidenced by the Chairman's execution thereof.
"Master Resolution" means Resolution No. 94-196, adopted on September 20, 1994, as
amended by Resolution No. 95-183, adopted on September 5, 19951 and as further amended from
time to time.
"Paying Agent" means the Clerk of the Circuit Court of the County.
"Prior Loan" means the advance of moneys to the County pursuant to the Line of Credit
for advances made for Lake Drive MSBU Project Costs.
Section 3. Findings. It is hereby found, declared, and determined by the Board:
(A) The County has heretofore authorized (1) the creation of the Lake Drive MSBU;
(2) the undertaking of the Lake Drive MSBU Project; and (3) the levy and collection of the Lake
Drive MSBU Assessments to pay the Lake Drive MSBU Project Costs. The County has
outstanding the Prior Loan, the proceeds of which were used to finance Lake Drive MSBU
Project Costs.
(B) The County has completed the Lake Drive MSBU Project and collected
prepayments of Lake Drive MSBU Assessments, and it is necessary to borrow moneys to be
applied together with the prepayments of the Lake Drive MSBU Assessments to repay the Prior
Loan and to pay other Lake Drive MSBU Project Costs.
3
{5000/99/00259879.DOCv2 }
(C) Pursuant to the Commitment Resolution, the Commitment of the Bank to
provide permanent financing for MSBU Projects, including the Lake Drive MSBU Project, has
been accepted by the County.
(D) It is necessary and desirable and in the best interest of the County to authorize
and approve the execution and delivery of the Loan Agreement, the Lake Drive MSBU Bond,
and the taking of all other action in connection with the consummation of the Loan.
(E) The Board has accepted the Commitment of the Bank to provide the Loan. Because
of the complex nature of the Loan, the Lake Drive MSBU Bond and the Loan Agreement, the
nature of the security for the Loan, and the fact that the Lake Drive MSBU Bond is not expected to
be rated or insured, it is in the best interests of the County to sell the Lake Drive MSBU Bond to,
and to obtain the Loan from, the Bank pursuant to a negotiated placement and in accordance with
the terms of the Commitment.
(F) The obligation of the County to repay the Lake Drive MSBU Bond in accordance
with its terms and to make the payments required under the Loan Agreement is hereby
declared to be and shall be a special, limited obligation of the County, secured solely by the
Lake Drive MSBU Assessments. The obligation of the County to repay the Lake Drive MSBU
Bond in accordance with its terms and to make any other payments, if any, required under the
Lake Drive MSBU Bond or the Loan Agreement shall not be or constitute a general obligation or
indebtedness of the County and neither the Lake Drive MSBU Bond nor the Loan Agreement
shall be or constitute a "bond" of the County within the meaning of Article VII, Section 12,
Florida Constitution (1968). Neither the Bank nor any successor owner of the Lake Drive MSBU
Bond shall be entitled to compel the levy of ad valorem taxes by the County to pay the principal
of and interest on the Lake Drive MSBU Bond or to make any payments required únder the
terms of the Loan Agreement. Furthermore, the obligation of the County to repay the Lake
Drive MSBU Bond in accordance with its terms and to make the payments, if any, required
under the Loan Agreement shall not constitute a lien upon or pledge of an interest in the Lake
Drive MSBU Project or any other property of or in the County, but shall constitute a lien only
upon the Lake Drive MSBU Assessments.
Section 5. Approval of Form of Loan Agreement and Lake Drive MSBU Bond. The
Loan Agreement and the Lake Drive MSBU Bond are hereby approved, and the Chairman and
Section 4. Authorization of Lake Drive MSBU Bond. Subject and pursuant to the
provisions hereof and in accordance with the provisions of the Loan Agreement and the
Commitment, the issuance by the County of the Special Assessment Improvement Bond, Series
2008A (Lake Drive MSBU), in a principal amount not to exceed One Hundred Fifty Thousand
Dollars ($150,000), to be in the exact principal amount, to be dated, to bear interest, to be payablel
to mature, to be subject to redemption and to have such other characteristics as provided in the
Lake Drive MSBU Bond and the Loan Agreement, and to be secured solely by the Lake Drive
MSBU Assessments, is hereby authorized.
4
{5000/99/00259879 DOCv2 }
Clerk are hereby authorized to execute and deliver the Loan Agreement and the Lake Drive
MSBU Bond to the Bank.
Section 6. Authorization of Other Action. The Chairman, the Clerk, the County
Administrator, and the County Attorney are each designated agents of the County in connection
with the execution and delivery of the Loan Agreement and the Lake Drive MSBU Bond and the
repayment of the Prior Loan and are authorized and empowered, collectively or individually, to
take all action and steps to execute and deliver any and all instruments, documents or contracts on
behalf of the County which are necessary or desirable in connection with the execution and
delivery of the Loan Agreement and the Lake Drive MSBU Bond to the Bank and the repayment of
the Prior Loan, including, but not limited to, the making of modifications to the Loan Agreement
and the Lake Drive MSBU Bond to conform the provisions thereof to the provisions of the
Commitment.
Section 7. Application of Proceeds of Loan. The proceeds of the Loan shall be applied
solely to repayment of the Prior Loan and payment of Lake Drive MSBU Project Costs.
Section 8. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict
with this resolution are hereby repealed to the extent of such conflict.
Section 9. Severability. If anyone or more of the covenants, agreements, or provisions of
this resolution should be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shall be deemed separate from the remaining covenants, agreements or provisions, and in no
way affect the validity of all other provisions of the Resolution or of the Lake Drive MSBU Bond or
Loan Agreement delivered hereunder.
Section 10. Amendment. This resolution may not be amended or repealed except with the
prior written consent of the Bank.
Section 11. Effective Date. This resolution shall take effect immediately upon its adoption.
5
{5000/99/00259879.DOCv2 }
Passed and Adopted this 5th day of August 2008, at a regular meeting duly called and held.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chair, Board of County
Commissioners
A TIEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
.
6
{5000/99/00259879.DOCv2 }
EXHIBIT A
FORM OF LOAN AGREEMENT
7
{5000/99/00259879.DOCv2 }
{5000/99/00259897.DOCvl}
TERM LOAN AGREEMENT
between
ST. LUCIE COUNTY, FLORIDA
and
SUNTRUST BANK
Dated August -1 2008
Relating to
St. Lucie County, Florida
$150,000
Special Assessment Improvement Bond, Series 2008A
(Lake Drive MSBU)
TABLE OF CONTENTS
Page
SECTION 1. DEFINITIONS. ........... .......... ......... ........... ... ........ ........... ............................................ ....... 1
SECTION 2. INTERPRETATION ..................................................., ...................... ................................ 4
SECTION 3. THE LOAN ............................................................................................... .......~................. 4
SECTION 4. DESCRIPTION OF LAKE DRIVE MSBU BOND ..........................................................5
SECTION 5. EXECUTION OF LAKE DRIVE MSBU BOND .............................................................5
SECTION 6. REGISTRATION AND TRANSFER OF LAKE DRIVE MSBU BOND .......................5
SECTION 7. LAKE DRIVE MSBU BOND MUTILATED, DESlROYED, STOLEN OR LOST ...... 6
SECTION 8. FORM OF LAKE DRIVE MSBU BOND ......................................................................... 6
SECTION 9. SECURITY FOR LAKE DRIVE MSBU BOND; LAKE DRIVE MSBU BOND NOT
DEBT OF THE COUNTY. ............. .......... ............... .............................................. .................. ................. 6
SECTION 10. COVENANTS OF THE COUNTY ................................................................................ 7
SECTION 11. REPRESENTATIONS AND WARRANTIES............................................................... 8
SECTION 12. CONDITIONS PRECEDENT ........................................................................................ 8
SECTION 13. TAX COMPLIANCE ..... .......... ...... ............................ ............... ................ ............. ......... 9
SECTION 14. NOTICES ..... .......... ............. ........... ..... .......... .................................... .......... ..... ........ ......... 9
SECTION 15. EVENTS OF DEFAULT DEFINED ...........'..........................~....................................... 10
SECTION 16. REMEDIES........................ ............ ........ ........... ...... ..... ........ ....... ................ ....... ...... ....... 10
SECTION 17. NO RECOURSE .... ......... ............. .......... ............ ......... ...................... ......... ..... ........ ....... 11
SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAyS.................... 11
SECTION 19. AMENDMEN.TS1 CHANGES AND MODIFICATIONS.......................................... 11
SECTION 20. BINDING EFFECT .............. ................. ..... ................... ...... ....... ....... .............. ........ ....... 11
SECTION 21. SEVERABILITY ......................................................................................... ............. ....... 11
SECTION 22. EXECUTION IN COUNTERPARTS........................................................................... 11
SECTION 23. APPLICABLE LAW................................................... ............................... ............. ....... 12
{5000/99/00259897.DOCvl}
This TERM LOAN AGREEMENT is made and entered into as of August ---1 2008, by and
between ST. LUCIE COUNTY, FLORIDA (the "County"), and SUNTRUST BANK (the "Bank").
WITNESSETH:
WHEREAS, the County has previously determined that it is necessary, desirable and in
the best interests of the County and its inhabitants that the County undertake the Lake Drive
MSBU Project hereinafter described, and that the Lake Drive MSBU Project will serve essential
public purposes of the County; and
WHEREAS, the County has previously determined to pay the Lake Drive MSBU Project
Costs with the proceeds of the Prior Loan, and it is necessary that funds be made available to the
County in order to retire the Prior Loan and to provide permanent financing for the Lake Drive
MSBU Project, and
WHEREAS, pursuant to the Commitmentl a copy of which is attached hereto as Exhibit B,
the Bank has proposed to lend the County funds to permanently finance draws on the Line of
Credit, including funds necessary to finance the Lake Drive MSBU Project Costs; and
WHEREAS, the County has determined that it is in the best interest of the health, safety,
and welfare of the County and the inhabitants thereof that the County pledge the Lake Drive
MSBU Assessments to secure the obligation of the County to repay the principal of and interest
on the Lake Drive MSBU Bond when due; and
WHEREAS, the obligation of the County to repay principal of and interest on the Lake
Drive MSBU Bond will not constitute a general obligation or indebtedness of the County as a
"bond" within the meaning of any provision of the Constitution of the State, but shall be and is
hereby declared to be a special, limited obligation of the County, secured solely by a lien upon
and pledge of the Lake Drive MSBU Assessments in the manner provided herein. The County is
not authorized and cannot be compelled to levy taxes on any property of or in the County to pay
. the principal of or interest on the Lake Drive MSBU Bond or to make any other payments
provided for herein. Furthermore, neither the Lake Drive MSBU Bond nor the interest thereon
shall be or constitute a lien upon the Lake Drive MSBU Project or upon any other property of or
in the County;
SECTION 1. DEFINITIONS. The following terms shall have the following meanings
herein, unless the text otherwise expressly requires:
NOW, THEREFORE1 in consideration of the premises and the mutual covenants herein
set forth and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties do hereby agree as follows:
" Authorized County Representative" means the County Administrator or his delegate.
"Act" means Chapter 125, Part I, Florida Statutes; as amendedl Ordinance No. 87-77 duly
enacted by the Board, as amended, and other applicable provisions of law.
{5000/99/00259897.DOCv I}
"Authorized Investments" means any obligations, deposit certificates, or other evidences
of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms
of the investment policy of the County and applicable law.
"Bank" means SunTrust Bank, a Georgia banking corporation, with offices located at 501
South Flagler Drive, 2nd Floor, West Palm Beach, Florida 33401.
"Board" means the Board of County Commissioners of the County, as the governing body
of the County.
"Bond Counsel" means Bryant Miller Olive P. A.I or any other attorney at law or a firm
of attorneys, designated by the Board, of nationally recognized standing in matters pertaining
to the tax-exempt nature of interest on bonds issued by states and their political subdivisions,
duly admitted to the practice of law before the highest court of any state of the United States of
America selected by the County.
"Business Day" means any day of the year other than a day on which the Bank, or the
County are lawfully closed for business.
"Chairman" means the Chairman of the Board of County Commissioners of the County,
or, in the Chairman's absence, the Vice-Chairman of the Board of County Commissioners, or such
other person as may be duly authorized to act on the Chairman's behalf.
"Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's
absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case
may be, on the Clerk's behalf.
"Code" means the Internal Revenue Code of 1986, as amended.
"Commitment" means the commitment submitted to the County by the Bank, dated June
9, 2006, and accepted and approved by the Commitment Resolution.
"Commitment Resolution" means Resolution No. 06-264, adopted August 22, 2006,
accepting the Bank's Commitment to provide both interim and permanent loans to the County to
finance various MSBU Projects.
"County" means St. Lucie County, Florida.
"County Administrator" means the County Administrator, as the chief operating officer of
the County.
"Default" means an Event of Default as defined and described in Section 16 hereof.
"Disbursement Date" means August --.J 2008, or such other date on which proceeds of the
Loan are disbursed to the County.
"Fiscal Year" means the period from each October 1 to the succeeding September 30.
"Interest Rate" means the rate per annum set forth in the form of Bond attached hereto as
Exhibit A, subject to adjustment as provided in Schedule I to the Lake Drive MSBU Bond.
2
{5000/99/00259897.DOCv I}
"Lake Drive MSBU" means the MSBU established pursuant to Resolution No. 05-232,
adopted by the Board on June 7, 2005.
"Lake Drive MSBU Assessment Resolutions" means, collectively, Resolution No. 07-026,
adopted January 16, 2007, and Resolution No. 06-190, adopted July 8, 2008.
"Lake Drive MSBU Assessments" means the special assessments levied within the Lake
Drive MSBU pursuant to the Lake Drive MSBU Assessment Resolutions.
"Lake Drive MSBU Bond" means the Special Assessment Improvement Bond, Series
2008A (Lake Drive MSBU), of the County, which shall be in substantially the form attached
hereto as Exhibit A.
"Lake Drive MSBU Project" means the water utility improvements within the Lake Drive
MSBU in order to connect the properties to the regional water utility system.
"Lake Drive MSBU Project Costs" means all or a portion of the cost of undertaking the
Lake Drive MSBU Project including, but not limited to: construction costs of the improvements;
acquisition of any lands, engineering, legal, accounting, and financial expenses; expenses for
estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal
agents, financial advisors or consultants; administrative expenses, capitalization of interest for a
reasonable period of time after date of issuance and delivery of the Lake Drive MSBU Bond,
establishment of reasonable reserves for payment of Debt Service; expenses and costs of issuance;
reimbursement to the County for any sums heretofore expended for the foregoing purposes;
repayment of the advance made under the Line Of Credit; and such other costs and expenses as
may be necessary or incidental to the financing or refinancing of the Lake Drive MSBU Project.
"Line of Credit" means the principal amount of $10/000,000 made available by the Bank to
the County to finance the engineering and construction of capital projects within municipal
services benefit units and approved by the County pursuant to the provisions of the Commitment
Resolution, and a Loan Agreement, dated as of September 18, 2006, between the County and the
Bank.
"Loan" means the advance of moneys from the Bank to the County pursuant to the Loan
Agreement.
"Loan Agreement" means this agreement between the Bank and the County setting forth
the terms and details of the Loan.
"Master Resolution" means Resolution No. 94-196, adopted by the Board on September
20, 1994, as amended by Resolution No. 95-183, adopted on September 51 1995, and as further
amended from time to time.
"Maturity Date" means the last date on which all remaining, outstanding principal of the
Lake Drive MSBU Bond is due as shown on Exhibit A hereto.
"MSBU" means a Municipal Services Benefit Unit created pursuant to resolution of the
Board adopted from time to time.
3
{SOOO/99/002S9897.DOCv 1 }
"Paying Agent" means the Clerk of the Circuit Court of the County.
"Payment Date" means the dates on which interest on the Lake Drive MSBU Bond is
payable, as shown on Exhibit A, hereto.
"Person" or words importing persons, means firms, associations, partnerships (including
without limitation, general and limited partnerships), joint ventures, societies, estates, trusts,
corporations, public or governmental bodies, other legal entities, and natural persons.
"Prepayment Date" means any date of prepayment of the principal of the Loan by the
County, whether in whole or in part.
"Principal Amount" means One Hundred Fifty Thousand Dollars ($150,000).
"Prior Loan" means the advance of moneys to the County pursuant to the Line of Credit
for advances made for Lake Drive MSBU Project Costs.
"Register" means the books maintained by the Registrar in which are recorded the name
and address of the Registered Owner of the Lake Drive MSBU Bond.
"Registered Owner" means the person in whose name the ownership of the Lake Drive
MSBU Bond is registered on the books maintained by the Registrar. The Registered Owner shall
be the Bank.
"Registrar" means the Person maintaining the Register. The Registrar shall initially be the
Clerk.
"Regulations" means the Income Tax Regulations promulgated by the Internal Revenue
Service under Sections 103 and 141 through 150 of the Code.
"Resolution" means, collectively, the Master Resolution and Resolution No. 08----1
adopted by the Board on August 5, 2008, and all resolutions amendatory thereof and
supplemental thereto.
"State" means the State of Florida.
SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of
masculine gender shall be construed to include correlative words of the feminine and neuter
genders and vice versal and words of the singular number shall be construed to include
correlative words of the plural number and vice versa. This Loan Agreement and all the terms
and provisions hereof (a) have been negotiated between the County and the Bank; (b) shall not be
construed strictly in favor of or against either party hereto; and (c) shall be construed to effectuate
the purpose set forth herein and to sustain the validity hereof.
SECTION 3. THE LOAN.
A. beaÐ. The Bank hereby makes and the County hereby accepts the Loan, upon the
terms and conditions set forth herein.
4
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B. Disbursement of Proceeds. Proceeds of the Loan shall be made available by the
Bank to the County by deposit of the principal amount thereof to or for the order of the County
by 12:00 p.m. on the Disbursement Date in immediately available funds.
SECTION 4. DESCRIPTION OF LAKE DRIVE MSBU BOND. The obligation of the
County to repay the Loan shall be evidenced by the Lake Drive MSBU Bond. The Lake Drive
MSBU Bond shall be dated as of the Disbursement Date; shall mature as set forth therein; shall be
in registered form; and shall bear interest from its date until payment of the principal amount
thereof, at the Interest Rate. Interest shall be payable as set forth on Exhibit A, calculated on the
basis of a 360-day year consisting of twelve 30-day months, from its date as to principal at the
Interest Rate shown on Exhibit A hereto. The Lake Drive MSBU Bond may be prepaid in whole or
in part prior to maturity without penalty.
SECTION 5. EXECUTION OF LAKE DRIVE MSBU BOND. The Lake Drive MSBU Bond
shall be executed in the name of the County by the Chairman and attested by the Clerk, and its
corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Lake
Drive MSBU Bond may be signed and sealed on behalf of the County by any person who at the
actual time of the execution of such Lake Drive MSBU Bond shall hold the appropriate office in
the County, although at the date thereof the person may not have been so authorized. The Lake
Drive MSBU Bond may be executed by the facsimile signatures of the Chairman and/or Clerk,
provided that at least one of the foregoing signatures must be a manual signature.
SECTION 6. REGISlRA nON AND lRANSFER OF LAKE DRIVE MSBU BOND. The
Lake Drive MSBU Bond shall be and shall have all the qualities and incidents of a negotiable
instrument under the Uniform Commercial Code-Investment Securities Laws of the State of
Florida, and each Registered Owner, in accepting the Lake Drive MSBU Bond, shall be
conclusively deemed to have agreed that such Lake Drive MSBU Bond shall be and have all of
the qualities and incidents of negotiable instruments thereunder.
There shall be a Registrar who shall be responsible for maintaining the Register. The
person in whose name ownership of the Lake Drive MSBU Bond is shown on the Register shall
be deemed the Registered Owner thereof by the County and the Registrar, who may treat the
Registered Owner as the absolute owner of the Lake Drive MSBU Bond for all purposes, whether
or not the Lake Drive MSBU Bond shall be overdue, and any notice to the contrary shall not be
binding upon the County or the Registrar.
Ownership of the Lake Drive MSBU Bond may be transferred only upon the Register.
Upon surrender to the Registrar for transfer or exchange of the Lake Drive MSBU Bond
accompanied by an assignment or written authorization for exchange, whichever is applicable,
duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar
shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may
be, a new fully registered Lake Drive MSBU Bond of the same amount, maturity and interest rate
as the Lake Drive MSBU Bond surrendered.
The Lake Drive MSBU Bond presented for transfer, exchange, redemption or payment (if
so required by the County or the Registrar) shall be accompanied by a written instrument or
instruments of transfer or authorization for exchange, in form and with guaranty of signature
satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly
authorized attorney.
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The County and the Registrar may charge the Registered Owner a sum sufficient to
reimburse them for any expenses incurred in making any exchange or transfer after the first such
exchange or transfer following the delivery of such Lake Drive MSBU Bond. The Registrar or the
County may also require payment from the Registered Owner or his transferee, as the case may
be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in
relation thereto. Such charges and expenses shall be paid before any such new Lake Drive MSBU
Bond shall be delivered.
The new Lake Drive MSBU Bond delivered upon any transfer or exchange shall be a valid
obligation of the County, evidencing the same debt as the Lake Drive MSBU Bond surrendered,
shall be secured under this Loan Agreement, and shall be entitled to all of the security and
benefits hereof to the same extent as the Lake Drive MSBU Bond surrendered.
Whenever the Lake Drive MSBU Bond shall be delivered to the Registrar for cancellation,
upon payment of the principal amount thereof, or for replacement transfer or exchange, such
Lake Drive MSBU Bond shall be cancelled and destroyed by the Registrar, and counterparts of a
certificate of destruction evidencing such destruction shall be furnished to the County.
SECTION 7. LAKE DRIVE MSBU BOND MUTILATED, DESlROYED, STOLEN OR
LOST. In case the Lake Drive MSBU Bond shall be mutilated, or be destroyed, stolen or lostl
upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with
such other reasonable regulations and conditions as the County may prescribe and paying such
expenses as the County may incur, the Registrar shall issue and deliver a new Lake Drive MSBU
Bond of like tenor as the Lake Drive MSBU Bond so mutilated, destroyed, stolen or lost, in lieu of
or substitution for the Lake Drive MSBU Bond, if any, destroyed, stolen or lost, or in exchange
and substitution for such mutilated Lake Drive MSBU Bond, upon surrender of such mutilated
Lake Drive MSBU Bond, if any, to the Registrar and the cancellation thereof; provided howeverl
if the Lake Drive MSBU Bond shall have matured or be about to mature, instead of issuing a
substitute Lake Drive MSBU Bond, the County may pay the same, upon being indemnified as
aforesaid, and if such Lake Drive MSBU Bond be lost, stolen or destroyed, without surrender
thereof. Any Lake Drive MSBU Bond surrendered under the terms of this Section 7 shall be
cancelled by the Registrar.
Any such new Lake Drive MSBU Bond issued pursuant to this section shall constitute an
original, additional contractual obligation on the part of the County whether or not, as to the new
Lake Drive MSBU Bond, the lostl stolen or destroyed Lake Drive MSBU Bond be at any time
found by anyone, and such new Lake Drive MSBU Bond shall be entitled to equal and
proportionate benefits and rights as to security for payment to the same extent as the Lake Drive
MSBU Bond originally issued hereunder.
SECTION 8. FORM OF LAKE DRIVE MSBU BOND. The Lake Drive MSBU Bond shall
be in substantially the form of Exhibit A hereto, with such variations, omissions and insertions as
may be necessary, desirable and authorized or permitted by' this Loan Agreement.
SECTION 9. SECURITY FOR LAKE DRIVE MSBU BOND; LAKE DRIVE MSBU BOND
NOT DEBT OF THE COUNTY. The payment of the principal of and interest on the Lake Drive
MSBU Bond shall be secured forthwith solely by the Lake Drive MSBU Special Assessments. The
principal of and interest on the Lake Drive MSBU Bond shall not constitute a general obligation
or indebtedness of the County, and the Registered Owner shall never have the right to or compel
the levy of taxes upon any property of or in the County for the payment of the principal of and
6
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interest on the Lake Drive MSBU Bond. The Lake Drive MSBU Bond shall not be secured bYI nor
constitute, a lien upon the Lake Drive MSBU Project or upon any money of or in the County, but
shall be secured solely by the Lake Drive MSBU Special Assessments in the manner provided
herein.
SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on the
Lake Drive MSBU Bond shall have been paid in full or until (a) there shall have been set apart in
the Sinking Fund a sum sufficient to pay when due the entire principal of and interest accrued
and to accrue on the Lake Drive MSBU Bond to the Maturity Date, or (b) provision for payment
of the Lake Drive MSBU Bond shall have been made in accordance with the provisions of this
Loan Agreementl the County covenants with the Registered Owner of the Lake Drive MSBU
Bond as follows:
A. Collection of .^.ssesoments. The County will levy the Lake Drive MSBU
Assessments in amounts sufficient to pay the principal and interest on the Lake Drive MSBU
Bond in each year; will collect the Lake Drive MSBU Assessments in the manner specified in
Section 197.3632, Florida Statutes; and will apply and deposit the proceeds of the Lake Drive
MSBU Assessments into the /lLake Drive MSBU Bond Sinking Fund", hereby created and
established (the /lSinking Fund"), and a Reserve Account therein. The County will maintain the
Sinking Fund as a separate, special fund on the books and records of the County, and will
continuously secure the moneys on deposit therein in the manner required for deposits of public
funds.
B. Recerve Account. On the Disbursement Date the County will deposit amounts
required pursuant to the Commitment into the Reserve Account and covenants to maintain such
amounts therein required pursuant to the Commitmentl such moneys to be used to pay principal
of and interest on the Bond if, at any time the amount on deposit in the Sinking Fund is
insufficient to pay the debt service on the Bond.
C. Payments. The County will punctually pay from the Sinking Fund all principal of
and interest on the Lake Drive MSBU Bond when due by wire transfer or other medium
acceptable to the County and the Bank.
D. FiniIDcial Statements. Not later than the earlier of 210 days following the end of
each fiscal year or 45 days after it is prepared, the County will provide the Bank a copy of the
Comprehensive Annual Financial Report of the County and such other information regarding the
levy and collection of the Lake Drive MSBU Assessments as the Bank may reasonably request in
writing.
7
E. Annual Budget íIDd Other Information. The County will prepare its annual
budget in accordance with the Act, and will provide to the Bank (i) a copy of its final annual
budget for each fiscal year within 30 days of adoption thereof by the Board and (ii) such other
public information as the Bank may reasonably request.
F. Tax Compliancc. The County will take all actions necessary to maintain the
exclusion from gross income for purposes of the Code of interest on the Bond to the same extent
as on the date of issuance of the Lake Drive MSBU Bond. The Lake Drive MSBU Bond is not a
/lqualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code.
{5000/99/00259897.DOCvl}
G. Other Coven3Ilts. The County shall comply with such additional covenants as
may be required by the Bank pursuant to the provisions relating to term loans contained in the
Commitment and specified in Exhibit B attached hereto.
SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and
warrants to the Bank that:
A. Org;::mizJ.tion. The County is a political subdivision, duly organized and existing
under the laws of the State of Florida.
B. AuthorizJ.tion of Lo;::m l.grcement and Rcbted Documents. The County has the
power and has taken all necessary action to authorize the execution and delivery of and the
performance by the County of its obligations under, this Loan Agreement and the Lake Drive
MSBU Bond in accordance with their respective terms. This Loan Agreement and the Lake Drive
MSBU Bond have been duly executed and delivered by the County and are valid and binding
obligations of the County, enforceable against the County in accordance with their respective
terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy,
insolvency, reorganization or moratorium applicable to the County or by general principles of
equity regarding the availability of specific performance. '
C. LJ.ke Drive MSBU Special Assessments. The County has duly adopted the Lake
Drive MSBU Assessment Resolutions and complied with all requirements of applicable law in
connection with the levy of the Lake Drive MSBU Assessments. The Loan further complies with
the provisions of the Commitment, i.e., (1) the principal amount of the Lake Drive MSBU Bond
does not exceed twenty percent (20%) of the aggregate taxable value of the parcels subject to the
Lake Drive MSBU Assessments, (2) there are not less than ten (10) individual parcels subject to
the Lake Drive MSBU Assessments, and (3) no individual owner of record of parcels subject to
the Lake Drive MSBU Assessments owns parcels with a combined taxable value greater than
forty percent (40%) of the aggregate taxable value of all parcels subject to the Lake Drive MSBU
Assessments.
D. Financbl StJ.tements. The financial statements of the County for the Fiscal Year
ended September 30, 2007, previously provided to the Bank have been prepared in accordance
with generally accepted accounting principles and present fairly the financial condition of the
County as of such date and the results of its operations for the period then ended. Since such
date, there has been no material adverse change in the financial condition, revenues, properties or
operations of the County.
SECTION 12. CONDITIONS PRECEDENT. The obligation of the Bank to make the Loan
is subject to the satisfaction of each of the following conditions precedent on or before the
Disbursement Date:
A. Action. The Bank shall have received a copy of the Resolution certified as
complete and correct as of the closing date, together with an executed Loan Agreement, the
executed Lake Drive MSBU Bond, and the customary closing certificates.
B. Incumbency of Officer3. The Bank shall have received an incumbency certificate
of the County in respect of each of the officers who is authorized to sign this Loan Agreement and
the related financing documents on behalf of the County.
8
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C. Opir.ion of Couned to the County. The Bank shall have received a written
opinion of the County Attorney addressing matters relating to (1) the corporate existence of the
County; (2) the due adoption of the Resolution; (3) the due authorization and execution of this
Loan Agreement and the Lake Drive MSBU Bond and the related financing documents; and (4)
the absence of litigation against the County relating to its existence or powers, or the proceedings
for the authorization and issuance of the Lake Drive MSBU Bond, in form and substance
satisfactory to the Bank.
D. Opinion of Bond Counsel. The Bank shall have received an approving opinion of
Bond Counselor, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the
approving opinion of Bond Counsel delivered to the County in respect to the Lake Drive MSBU
Bond to the same extent as if such opinion were addressed to the Bank.
E. Representations and '.^1:lrranties; No Default. The representations and warranties
made by the County herein shall be true and correct in all material respects on and as of the
Disbursement Date, as if made on and as of such date; no Default shall have occurred and be
continuing as of the Disbursement Date or will result from the consummation of the Loan; and
the Bank shall have received a certificate from the County to the foregoing effect.
F. Other Documents. The Bank shall have received such other documents,
certificates and opinions as the Bank or its counsel shall have reasonably requested.
SECTION 13. TAX COMPLIANCE. Neither the County, nor any third party over whom
the County has control, will make. any use of the proceeds of the Lake Drive MSBU Bond at any
time during the term hereof which would cause the Lake Drive MSBU Bond to be a "private
activity bond" within the meaning of Section 103(b)(1) of the Code or an Ifarbitrage bond" within
the meaning of Section 103(b)(2)of the Code. The County covenants throughout the term of the
Lake Drive MSBU Bond, to comply with the requirements of the Code and the Regulations, as
amended from time to time, with respect to the Loan and the Lake Drive MSBU Bond.
SECTION 14. NOTICES. All notices, certificates or other communications hereunder
shall be sufficiently given and shall be deemed given when hand delivered, delivered by
telecopierl mailed by registered or certified mail, postage prepaid, or delivered by courier service
to the parties at the following addresses:
County:
St. Lucie COuntyl Florida
2300 Virginia A venue
Fort Pierce, Florida 34982-5652
Attention: County Administrator
Copy to:
St. Lucie County, Florida
2300 Virginia A venue
Fort Piece, Florida 34982-5652
Attention: County Attorney
9
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Banle
SunTrust Bank
Institutional and Governmental Banking
501 South Flagler Drive, 2nd Floor
West Palm Beach, Florida 33401
Attention: John Winn, First Vice President
PH: 561/835-2677 and FX: 561/835-2640
Any of the above parties may, by notice in writing given to the others, designate any further or
different addresses to which subsequent notices, certificates or other communications shall be
sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as
specified above, of an original promptly after such communication by telecopier.
SECTION 15. EVENTS OF DEFAULT DEFINED. The following shall be "Events of
Default under this Loan Agreement, and the terms "Default" and "Events of Default" shall mean
(except where the context clearly indicates otherwise), anyone or more of the following events:
A. failure by the County to make any payment of principal of or interest on the Bond
within three (3) days of the applicable Payment Date or the Maturity Date.
B. failure by the County to observe and perform any other covenant, condition or
agreement on its part to be observed or performed under this Loan Agreement for a period of
thirty (30) days after written notice of such failure shall have been delivered to the County by the
Bank, unless the Bank shall agree in writing to an extension of such time prior to its expiration;
CO the making of any warranty, representation or other statement by the County or
by an officer or agent of the County in this Loan Agreement or in any instrument furnished in
compliance with or in reference to this Loan Agreement which is false or misleading in any
material adverse respect;
D. the filing of a petition against the County under any bankruptcy, reorganization,
arrangement, insolvency, r~adjustment of debt, dissolution or liquidation law of any jurisdiction,
whether now or hereafter in effect, if an order for relief is entered under such petition or such
petition is not dismissed within sixty (60) days of such filing;
E. the filing by the County of a voluntary petition in bankruptcy or seeking relief
under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment
of debt, dissolution or liquidation law of any jurisdictionl whether now or hereafter in effect, or
the consent by the County to the filing of any petition against it under such law; or
F. the admission by the County of its insolvency or bankruptcy or its inability to pay
its debts as they become due or that it is generally not paying its debts as such debts become due,
or the County's becoming insolvent or bankrupt or making an assignment for the benefit of
creditors, or the appointment by court order of a custodian (including without limitation a
receiver, liquidator or trustee) of the County or any of its property taking possession thereof and
such order remaining in effect or such possession continuing for more than sixty (60) days.
SECTION 16. REMEDIES. The Registered Owner may sue to protect and enforce any and
all rights, including the right to specific performance, existing under the laws of the State of
/- Florida or of the United States of America, or granted and contained in this Loan Agreement, and
to enforce and compel the performance of all duties required by this Loan Agreement or by any
10
{5000/99/00259897. DOCv I}
applicable laws to be performed by the County, the Board or by any officer thereof, and may take
all steps to enforce this Loan Agreement to the full extent permitted or authorized by the laws of
the State of Florida or the United States of America, including acceleration of all amounts
outstanding under this Loan Agreement or the Lake Drive MSBU Bond.
THE COUNTY AND THE REGISTERED OWNER OF THE LAKE DRIVE MSBU
BOND EACH WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO
TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THE LAKE DRIVE
MSBU BOND OR ARISING OUT OF, UNDER OR IN CONJUNCTION WITH, THE LAKE
DRIVE MSBU BOND OR THIS LOAN AGREEMENT.
SECTION 17. NO RECOURSE. No recourse shall be had for the payment of the principal
of and interest on the Lake Drive MSBU Bond or for any claim based on the Lake Drive MSBU
Bond or on this Loan Agreement, against any present or former member or officer of the Board or
any person executing the Lake Drive MSBU Bond.
SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any
case where the date for making any payment or the last date for performance of any act or the
exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day,
then such payment or performance shall be made on the succeeding Business Day with the same
force and effect as if done on the nominal date provided in this Loan Agreement, provided that
interest on any monetary obligation hereunder shall accrue at the applicable rate to and including
the date of such payment.
.
SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS. This Loan
Agreement may be amended only in writing signed by both parties hereto.
.
SECTION 21. SEVERABILITY. In the event any court of competent jurisdiction shall hold
any provision of this Loan Agreement invalid or unenforceable, such holding shall not invalidate
or render unenforceable any other provision hereof.
SECTION 20. BINDING EFFECT. To the extent provided herein, this Loan Agreement
shall be binding upon the County and the Bank and shall inure to the benefit of the County and
the Bank and their respective successors and assigns.
SECTION 22. EXECUTION IN COUNTERPARTS. This Loan Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
11
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SECTION 23. APPLICABLE LAW. This Loan Agreement shall be governed by and
construed in accordance with the laws of the State.
IN WITNESS WHEREOF, the parties hereto have duly executed this Loan Agreement as
of the date first above written.
(SEAL)
A TIEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board of County Commissioners
{5000/99/00259897 DOCv 1 }
ST. LUCIE COUNTY, FLORIDA
By:
Chair, Board of County
Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
12
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SUNTRUST BANK
13
By:
Title:
EXHIBIT A
FORM OF BOND
No. R-1
$150,000
ST. LUCIE COUNTY, FLORIDA
SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2008A
(LAKE DRIVE MSBU)
P~\TE OF INTEREST
MATURITY 1)/, TE
DL\TE OF ISSUE
%
December 1, 20_
August ---1 2008
REGISTERED OWNER:
SunTrust Bank
PRINCIPAL AMOUNT: One Hundred Fifty Thousand Dollars
KNOW ALL MEN BY lHESE PRESENTS, that St. Lucie County, Florida (the "County"),
for value received, hereby promises to pay to the Registered Owner designated above, or
registered assigns, solely from the special funds hereinafter mentioned, on December 1 of each
year, to and including the Maturity Date specified above, the installments of the above Principal
Amount as shown on Schedule 2 attached hereto and forming a part hereof (the "Schedule"), and
to pay solely from such funds interest thereon from the date of this Bond or from the most recent
date to which interest has been paid, whichever is applicablel until payment of such Principal
Amount, interest at the Rate of Interest shown above, subject to adjustment as set forth in
Schedule I attached hereto, such interest being payable semi-annually on each June 1 and
December 1 (an "Interest Payment Date") commencing June 1, 2009, with all unpaid interest
being due on the Maturity Date, by wire transfer in accordance with written instructions
delivered by the Registered Owner to the County or by such other medium acceptable to the
County and to such Registered Owner. The principal ofl premium, if any, and interest on this
Bond are payable in lawful money of the United States of America. Interest due hereon shall be
calculated on the basis of a 360-day year consisting of twelve 30-day months.
This Bond is issued to refinance the Prior Loan from the Line of Credit, which financed
the costs of the acquisition and construction of the Lake Drive MSBU Project, under the authority
of and in full compliance with the Constitution and Statutes of the State of Florida, including
particularly Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of St. Lucie County,
Florida, as amended, and other applicable provisions of law, and Resolution 94-196, duly adopted
by the Board of County Commissioners (the "Board") on September 20, 1994, as amended and
supplemented, particularly as supplemented by Resolution No. 08-_ adopted on August 5,2008
(collectively, the "Resolution"), and pursuant to a Loan Agreement between the County and
SunTrust Bank, dated August ---1 2008 (the "Loan Agreement"), to which reference should be
made to ascertain those terms and conditions.
A-I
{5000/99/00259897.DOCvl}
This Bond is payable from and secured solely by a lien upon and pledge of the Lake Drive
Special Assessments (the "Pledged Revenues") all in the manner provided in, and subject to the
terms and conditions of the Resolution and the Loan Agreement.
The principal of and interest on this Bond do not constitute a general obligation or
indebtedness of the County, and the Registered Owner shall never have the right to require or
compel the levy of taxes on any property of or in the County for the payment of the principal of
and interest on this Bond. The principal of and interest on this Bond are not secured by a lien
upon the Lake Drive MSBU Project, or upon any property of or in the County, but are secured
solely by the Pledged Revenues in the manner provided herein and in the Loan Agreement.
Reference is made to the Loan Agreement for the provisions relating to the security for payment
of this Bond and the duties and obligations of the County hereunder.
The Registered Owner may sue to protect and enforce any and all rights, including the
right to specific performance, existing under the laws of the State of Florida, of the United States
of America, or granted and contained in the Loan Agreement, and to enforce and compel the
performance of all duties required by the Loan Agreement or by any applicable laws to be
performed by the County, the Board or by any officer thereof, and may take all steps to enforce
the Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida
or the United States of America.
THE COUNTY AND THE REGISTERED OWNER OF THIS LAKE DRIVE MSBU
BOND EACH WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAWI ANY RIGHT TO
TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON THIS LAKE DRIVE
MSBU BOND OR ARISING OUT OFI UNDER OR IN CONJUNCTION WITH, THE LAKE
DRIVE MSBU BOND OR THE RELATED LOAN AGREEMENT.
This Bond may be transferred or assigned by the Registered Owner without the prior
written consent of the County provided that (1) the County is given notice of such transfer not
later than ten (10) days prior to the next Interest Payment Date on the Bonds and (2) the
transferee provides to the County an investment letter in form and substance materially the same
as the letter provided by the Registered Owner to the County upon the original issuance hereof.
Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the
County shall also be obligated to pay, but only from the Pledged Revenues, all costs of collection
and enforcement hereof, including attorneys' fees (including fees incurred on appeal).
It is hereby certified and recited that all acts, conditions and things required by the
Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to
and in the issuance of this Bond, have been performed, exist and have happened in regular and
due form and time as so required.
A-2
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IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Bond to be executed
by the Chairman or Vice-Chairman of its Board of County Commissioners, and attested by the
Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County
Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile
thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date
of Issue above.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chair of the Board of County
Commissioners
A TIEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board of County Commissioners
A-3
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SCHEDULES TO
ST. LUCIE COUNTY, FLORIDA
SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2008A
(LAKE DRIVE MSBU)
{5000/99/00259897.DOCv I}
SCHEDULE 1
ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS
(i) Adjustment of Interest Rate for Full Taxability. In the event a Determination of
Taxability shall have occurred, the rate of interest on the Lake Drive MSBU Bond shall be
increased to a rate per annum equal to 1.3250 times the interest rate borne by the Lake Drive
MSBU Bond (the "Taxable Rate"), effective retroactively to the date on which the interest
payable on the Lake Drive MSBU Bond is includable for federal income tax purposes in the
gross income of the Registered Owner thereof. In addition, the Registered Owner of the Lake
Drive MSBU Bond or any former Registered Owners of the Lake Drive MSBU Bond, as
appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and
any arrears in interest that are required to be paid to the United States of America by the
Registered Owner or former Registered Owners of the Lake Drive MSBU Bond as a result of
such Determination of Taxability. All such additional interest, additions to tax, penalties and
interest shall be paid by the County within sixty (60) days following the Determination of
.Taxability and demand by the Registered Owner. A "Determination of Taxability" shall mean
(i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other
written notification which holds in effect that the interest payable on the Lake Drive MSBU
Bond is includable for federal income tax purposes in the gross income of the Registered
Owner thereof, which notice or notification is not contested by either the County or any
Registered Owner of the Lake Drive MSBU Bond, or (H) a determination by a court of
competent jurisdiction that the interest payable on the Lake Drive MSBU Bond is includable for
federal income tax purposes in the gross income of the Registered Owner thereof, which
determination either is final and non-appealable or is not appealed within the requisite time
period for appeal, or (Hi) the admission in writing by the County to the effect that interest on
the Lake Drive MSBU Bond is includable for federal income tax purposes in the gross income
of the Registered Owner thereof.
(ii) .^.djustment of Interest Rate for Partial Taxability. In the event that interest on
the Lake Drive MSBU Bond during any period becomes partially taxable as a result of a
Determination of Taxability applicable to less than all of the Lake Drive MSBU Bond, then the
interest rate on the Lake Drive MSBU Bond shall be increased during such period by an
amount equal to: (A-B) x C where:
(A) A equals the Taxable Rate (expressed as a percentage);
(B) B equals the interest rate on the Lake Drive MSBU Bond (expressed as a
percentage); and
(C) C equals the portion of the Lake Drive MSBU Bond the interest on which
has become taxable as the result of such tax change (expressed as a
decimal).
In addition, the Registered Owner of the Lake Drive MSBU Bond or any former
Registered Owner of the Lake Drive MSBU Bond, as appropriate, shall be paid an amount
equal to any additions to tax, interest and penalties, and any arrears in interest that are
SCHEDULE 1-1
{5000/99/00259897.DOCvl}
required to be paid to the United States by the Registered Owner or former Registered Owners
of the Lake Drive MSBU Bond as a result of such Determination of Taxability. All such
additional interest, additions to tax, penalties and interest shall be paid by the County within
sixty (60) days following the Determination of Taxability and demand by the Registered
Owner.
(iii) Adjustment of Interest Rate for Ch:mge in Maximum Corporate Tax Rate. In
the event.that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax
Rate") during any period with respect to which interest shall be accruing on the Lake Drive
MSBU Bond on a tax-exempt basis, changes from the Maximum Corporate Tax Rate then in
effect, the interest rate on the Lake Drive MSBU Bond that is bearing interest on a tax-exempt
basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on
the Lake Drive MSBU Bond by a fraction equal to (I-A divided by I-B), where A equals the
Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum
Corporate Tax Rate in effect immediately prior to the date of adjustment.
(iv) Adjustment of Interest Rate for Other Ch::mges .^.ffecting .^.ftcr Tax Yield. So
long as any portion of the principal amount of the Lake Drive MSBU Bond or interest thereon
remains unpaid (a) if any lawl rulel regulation or executive order is enacted or promulgated by
any public body or governmental agency which changes the basis of taxation of interest on the
Lake Drive MSBU Bond or causes a reduction in yield on the Lake Drive MSBU Bond (other
than by reason of a change described above) to the Registered Owner or any former Registered
Owners of the Lake Drive MSBU Bond, including without limitation the imposition of any
excise tax or surcharge thereon, or (b) if, as result of action by any pubic body or governmental
agency, any payment is required to be made by, or any federal, state or local income tax
deduction is denied to, the Registered Owner or any former Registered Owners of the Lake
Drive MSBU Bond (other than by reason of a change described above or by reason of any
action or failure to act on the part of any Owner or any formers Registered Owner of the Lake
Drive MSBU Bond) by reason of the ownership of the Lake Drive MSBU Bond, the County shall
reimburse any such Owner within five (5) days after receipt by the County of written demand
for such payment, and the County agrees to indemnify each such Owner against any loss, cost,
charge or expense with respect to any such change. The determination of the after-tax yield
calculation shall be verified by a firm of certified public accountants regularly employed by the
Bank (or the current Owners of the Lake Drive MSBU Bond) and acceptable to the County, and
such calculation, in the absence of manifest error, shall be binding on the County and the
Registered Owner.
SCHEDULE 1-2
{5000/99/00259897.DOCvl}
SCHEDULE 2
ST. LUCIE COUNTY
SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2008A
(LAKE DRNE MSBU)
AMORTIZATION SCHEDULE
(put In Amortization When Final Interest Rate Is Set)
~
SCHEDULE 2
{5000/99/00259897.DOCvl}
EXHIBIT B
BANK'S COMMITMENT LETTER
C-l
{5000/99/00259897.DOCv I}
'"
~
EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: July 8, 2008
Convened: 10:32 a.m.
Adjourned: 10:32 a.m.
Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug
Coward, Charles Grande
.
Others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County
Administrator, Dan McIntyre, County Attorney, Richard Bouchard, Erosion Manager,
Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES
It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the
meeting held June 10,2008 and June 17,2008, and; upon roll call, motion carried
unanimously.
2. GENERAL PUBLIC COMMENTS
None
3. CONSENT AGENDA
It was moved by Com. Smith, seconded by Com. Grande, to approve the Consent
Agenda, and; upon roll call, motion carried unanimously.
A. Warrants
The Board approved Warrant List Nos. 37,38,39,40.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of the Circuit Court
EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: July 15, 2008
Convened: 7:55 p.m.
Adjourned: 7:56 p.m.
Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Joseph
Smith, Charles Grande
.
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Lee Ann Lowery, Asst. County Administrtor, Heather Young, Asst.
County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy
Clerk
1. CONSENT AGENDA
It was moved by Com. Grande, seconded by Com. Smith to approve the Consent Agenda,
and; upon roll call, motion carried unanimously.
A. Public Works
The Board approved Amendment 1 to Project Agareement 07SL2 with FDEP to
undertake supplemental environmental tasks associated with the Southern St. Lucie
County Beach Restoration project contingent upon approval of the final agreement by the
County Attorney, also approved Work Authorization 11 (Contract # 04-11-642) with
Coastal Technology Corp., in the amount $709,883 and approved Amendment No.1 to
Work Authorization No.6 (Contract # 04-11-642) with Coastal Technology Corp.,
reducing the contract amount by $494,812 and authorized the Chairman to sign said
documents.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of the Circuit Court
AGENDA REQUEST
ITEM NO.II 1mB I
Date: August 5, 2008
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
SUBJECT: SUBJECT: Artificial Reef Grant Program: Approval of Budget esolution No. 08-004 to
make funds available in Accounts 184103-3710-563000-39003 and 184103-3710-563005-39003.
TO: ST. LUCIE COUNTY EROSION DISTRICT
SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710
BACKGROUND: See attached memo.
FUNDS: This grant is 100% funded by FWC up to $60,000.00. Funds will be made available in the
following accounts: $57,000 in Account No. 184103-3710-563000-39003 and $3,000 in Account No.
184103-3710-563005-39003.
PREVIOUS ACTION:
June 14, 2005: Board approved a request to Piggyback Martin County RFP No. 201-04 General Marine
Contracting for Coastal Services with McCulley Marine Services, Inc.
November 22, 2005: Board approved the selection of Mr. Lee E. Harris, P.E., PhD, as artificial reef
Consultant
March 13,2007: the Erosion District Board approved the submittal of the FWC artificial reef construction
grant.
August 28, 2007: the Erosion District Board approved the original FWC grant agreement for $54,000
June 17, 2008: the Erosion District Board approved the additional FWC grant agreement for $60,000
RECOMMENDATION: Staff recommends Erosion District Board approval of Budget Resolution No. 08-
004
COMMISSION ACTION:
lXJ APPROVED
[ ] OTHER:
[ ] DENIED
~
Approved 5-0
Dougl sAnderson
County Administrator
Public Works:
Coordination/SiQnatures
Management & Budget & purchaSing:JV ~
'í..v> '1'1"" )...1 n; ~('
JÞ~r'\.SOf) ....¡ It
Erosion District: e,.",t'\
Richard A. Bouchard/Barbara Meinhardt
County Attorney: ,9r
~
Finance: (Check for Copy only, if applicable)...::L-.
Shai Francis
Page 1 of 2
..
\,
....
Public Works - Erosion
MEMORANDUM
TO: Board of County Commissions
FROM: James B. Oppenb
THROUGH: Don West, Director of Public Works ,-Ãf~ .
RE: Budget Resolution 08-004
DATE: July 15, 2008
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine
Fisheries, annually provides grant funding for artificial reefs. The Florida Fish and Wildlife
Conservation Commission (FWC), Division of Marine Fisheries has approved an additional
$60,000.00 in artificial reef funding to St. Lucie County for fiscal year 2007-2008. The FWC grant will
be used to deploy 3 barges (approximately 1,500 tons) of high quality clean concrete materials on the
County's permitted Offshore artificial reef site. Material has been collected, and is currently
stockpiled at Harbour Pointe. The attached Budget Resolution allows revenues from the FWC grant
to be moved into two artificial reef accounts.
Page 2 of 2
\.,.
"
..
þ
RESOLUTION NO. 08-004
WHEREAS, subsequent to the adoption of the S1. Lucie County Erosion District's Budget, certain funds not
anticipated at the time of the budget have become available from the Florida Fish and Wildlife Conservation
Commission for the Artificial Reef in the amount of $60,000.
WHEREAS, Section 129.06 (d), Florida Statutes, requires the S1. Lucie County Erosion District to adopt a
resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Erosion District of S1. Lucie County, Florida, in meeting
assembled this 5th day of August 2008, pursuant to Section 129.06 (d), Florida Statutes, such funds are
hereby appropriated for the fiscal year 2007-2008, and the Erosion District's budget is hereby amended as
follows:
REVENUES
184103-3710-331391-39003
US Dept of Interior Fish & Wildlife
$60,000
APPROPRIATIONS
184103-3710-563000-39003
184103-3710-563005-39003
Infrastructure
Infrastructure - Consulting Eng
$57,000
$3,000
After motion and second the vote on this resolution was as follows:
Commissioner Chris Craft, Chairperson
Commissioner Charles Grande, Vice Chairperson
Commissioner Joseph E. Smith
Commissioner Doug Coward
Commissioner Paula A. Lewis
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED THIS 5th DAY OF AUGUST, 2008.
ATTEST:
EROSION DISTRICT
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
"
AGENDA REQUEST
ITEM NO. II i B2.
Date: August 5,2008
SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
PRE§ENTED BY: A
~. ...' /-/...../
".' ..~, r /~/
""',"'/' /.. ¿ /'
.:/James B. i eñóörñ
c/ Marine R ource Coordinator
TO: ST. LUCIE COUNTY EROSION DISTRICT
SUBJECT: Artificial Reef Grant Program: Approval to "piggyback" a Collier County RFP for general
marine contracting for coastal services (vendor - McCulley Marine Services) and enter into Work
Authorization No. 01 with McCulley Marine Services, in the amount of $57,000.00, subject to final
approval by the County Attorney's office as to form and correctness, to deploy 3 barges of concrete
materials (1,500 tons) and one experimental rock-rubble reef (100 tons) to the County's Offshore
artificial reef site as identified in the FWC grant.
BACKGROUND: See attached memo.
FUNDS WILL BE MADE AVAILABLE IN: The deployment of 3 barges of concrete materials and 1
experimental juvenile habitat reef will be fully paid for by $57,000 from FWC grant 07304.
Funds ($57,000) will be made available in Account #184103-3710-563005-39003: FWC Grant-
Artificial Reef.
FUNDS: $57,000.00
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends Erosion District Board approval to piggyback off Collier
County and enter into Work Authorization NO.1 with McCulley Marine Services, subject to final
approval by the County Attorney in the amount of $57,000, and authorization for signature by the
Chairman.
COMMISSION ACTION:
~ APPROVED
[ ] OTHER:
[ ] DENIED
CE:
Approved 5-0
:J-
Douglas Anderson
County Administrator
County Attorney:
Daniel Mcintyre
ca
o
Public Works:
tft.
Coordin8tion/Sian8tures
M"""gement & Budget & PW'Chasing' .£J4 . ~
í A...->en II C¡J ~'on ln~ n', (í.t'
r t+i II
Erosion District:
Richard A. BouchardlBarbara Meinhardt
onald . West
Finance: (Check for Copy only, if applicable) ~.
Shai FrancIs
Page ::. of 2
v
Public Works - Erosion
MEMORANDUM
TO: Board of County Commissioners
....'-j
il .-)
FROM: James B. oppenborj'Máffi1e Resource Coordinator
THROUGH: Don West, Director of Public WorksX~"
RE: Piggybacking off Collier County RFP and Work Authorization 1 with MMS
DATE: July 25, 2008
BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine
Fisheries, annually provides grant funding for artificial reefs. In the fiscal year 2007-8, the Florida Fish
and Wildlife Conservation Commission (FWC), Division of Marine Fisheries granted St. Lucie County
$54,000 to deploy 3 barges (1,500 tons) of high quality clean concrete materials on the County's
permitted Offshore Site. Because St. Lucie County has already collected enough secondary material
(1500 tons of concrete culverts, light poles, etc.) the FWC has offeredSt. Lucie County an additional
$60,000 in grant funding. All work must be completed by August 31,2008. Approximately 100 tons of
concrete boulders have been broken during the delivery, movement, and staging of more than 5,500 tons
of materials over the last year. McCulley Marine Services proposal also includes removal and
deployment of these materials as an experimental juvenile habitat reef. The price of $3,000/100 tons
results in a per ton price of $30, below the $36/ton currently charged for a full load of secondary
concrete.
St. Lucie County's contract with McCulley Marine Services expired on June 14, 2008. An RFP for
artificial reef contracting services has been advertised but a contract (Attachment B) will not be finalized
by August 31. Piggybacking off the Collier County contract this summer will allow the unexpected FWC
grant funding to be utilized. Once the current RFP is answered and contracts are secured, the piggyback
off Collier County's RFP .will not be used.
The attached proposal by McCulley Marine Services (Attachment A) incorporates the scope, cost,
and schedule of artificial reef deployment associated with the FWC construction grant.
f'agE: ' 0:: '
"Attachment A"
McCulley Marine Services, Inc.
2309 N. Old Dixie Hwy. Phone 772.489.6069
Fort Pierce, FL 34946 The Artificial Reef Builders Fax 772.460.9701
PROPOSAL
June 10, 2008
St. Lucie County Artificial Reef Program
Attn: Mr. Jim Oppenborn
2300 Virginia Avenue
Fort Pierce, Florida 34982
Dear Jim:
McCulley Marine Services, Inc. (hereinafter referred to as MMS) continues to be ready
and willing to support St. Lucie County in their Artificial Reef Program by loading and
deploying concrete rubble, girdles, culverts and miscellaneous items.
We will load and transport offshore by barge approximately four loads of materials
presently stored at Harbour Pointe Park. The material will be unloaded offshore at a
permitted site selected by St. Lucie County. After anchoring the barge with four anchors,
we will deploy the material at the direction of Jim Oppenborn, St. Lucie County Marine
Resource Coordinator.
MMS will provide this servi.ce for all materials for a flat per load price of$18,000.00.
All work to be completed within ninety days from Notice to Proceed.
The price quoted includes the Tug, Barge, Loader, fuel and a full crew. It also includes
insurance in the amount of $1,000,000.00 in the Tug and P&I and Jones Act on all MMS
crew members. In addition, MMS also carries Florida Worker's Compensation and
USL&H Insurance. We would be glad to name St. Lucie County as additional insured
and provide you with Certificates of all insurance.
Thank you for the opportunity to continue working with St. Lucie County In your
artificial reef program.
S7;;ìI~
,1~, McCi1l1ey
VVice President
Page 1 of 2
"Attachment A'
McCulley Marine Services, Inc.
2309 N. Old Dixie Hwy. Phone 772.489.6069
Fort Pierce, FL 34946 The Artificial Reef Builders Fax 772.460.9701
ADDENDUM TO PROPOSAL OF JUNE 10.2008
July 25, 2008
81. Lucie County Artificial Reef Program
Attn: Mr. Jim Oppenborn
2300 Virginia Avenue
Fort Pierce, Florida 34982
Dear Jim:
McCulley Marine Services, Inc. (hereinafter referred to as MMS) is always ready and
willing to support 81. Lucie County in their Artificial Reef Program.
, As a token of our continued support and in an effort to keep the Harbour Pointe Park
staging area presentable and as safe as possible, MM8 proposes a one time deployment of
the 100 tons of rock rubble that has accumulated over the past year for a reduced fee of
$3,000.00.
The material will be unloaded offshore at a permitted site selected by S1. Lucie County.
After anchoring the barge with four anchors, we will deploy the material at the direction
of Jim Oppenbom, 81. Lucie County Marine Resource Coordinator. Work will be
completed within ninety days from Notice to Proceed.
The price quoted includes the Tug, Barge, Loader, fuel and a full crew. It also includes
insurance in the amount of$1,000,000.00 on the Tug and P&I and Jones Act on all MM8
crew members. In addition, MM8 also carries Florida Worker's Compensation and
U8L&H Insurance. We would be glad to name St. Lucie County as additional insured
and provide you with Certificates of all insurance.
Thank you for the opportunity to continue working with 81. Lucie County in your
artificial reef program.
:e;~~
/ í~ W, MCCU1~
ä: President
Page 2 of 2
"Attachment B"
:
A G R E E MEN T #06-3932
Artificial Reef Recycling Construction and Demolition Waste
THIS AGREEMENTI made and entered into on this ~Of+-¡ day of ~ 1. nv J 2006,
by and between McCulley Marine Services, Inc. and Pine Island Towing Company, mC'1
authorized to do business in the State of Florida, whose business addresses are 2309 N. Old
Dixie Highway, Fort Piercel Florida 349461 hereinafter called the "Contractor" and Collier
COuntyl a political subdivision of the State of Floridal Collier County, Naplesl hereinafter
called the "County":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a seven (7) year period, commencing on
the date of award by the Collier County Board of County COInnÙSsioners
The County may, at its discretion and with the consent of the Contractorl renew the
Agreement under all of the terms and conditions contained in this Agreement for an
additional three (3) year period. The County shall give the Contractor written notice of
the Countyl s intention to renew the Agreement term not less than ten (10) days prior to
the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide artificial reef using recycled
construction and demolition waste in accordance with the terms and conditions of RFP
#06-3932 and the Contractor's proposal incorporated herein by reference and made an
integral part of this agreement.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/fees submitted in the proposal.
Any County agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
4. ADDITIONAL ITEMS/SERVICES: Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
Page 1 of 6
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
John W. McCulleYI Vice President
McCulley Marine Services, Inc'¡Pine Island Towing CompanYI Inc.
2309 N. Old Dixie Highway
Fort Pierce, Florida 34946
Fax: 772-460-9701
All Notices from the Contractor to the Countÿ shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 TaIIÙami Trait East
Naplesl Florida 34112
Attn: Steve Carnell
Fax: 239-732-0844
The Contractor and the County may change the above mailing address or fax number at
any time upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Còntractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S'I all permits
necessary for the prosecution òf the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In additionl the Contractor shall
comply with all rules, regulations and laws of Collier COuntyl the State of Floridal or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
w~th all laws governing the responsibility of an employer with respect to persons
employed by the Contractor:
8. NO IMPROPER USE. The Contractor will not usel nor suffer or permit any person to
use in any manner whatsoeverl county facilities for any improperl immoral or offensive
purpose, or for any purpose in violation of any federal, statel county or municipal
ordinancel rulel order or regulation, or of any governmental rule or regulation now in
effect or .hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
Page 2 of6
"Attachment B"
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County witlún twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. PROHIBmON OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectlYI any favor, gift, loan, fee, service or other
item of value to any County employeel as set forth in Chapter 112, Part III, Florida
Statutesl Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from' doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate
termination of any contract held by the individual and/ or firm for cause.
10. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non-performance.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sexl color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000/000
Per Occurrencel Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrencel Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1/000/000 for each accident.
Page 3 of6
D. United States Longshoreman's and Harborworker's Act coverage shall be
maintained to the completion of the work.
E. Maritime Coverage (Jones Act) shall be maintained to the completion of the work.
F. Watercraft Liability coverage shall be carried at the minimum limit of $1/000,000
until completion of the work under this Agreement.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy .
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor or Consultant shall indemnify and hold harmless Collier COuntyl its officers
and employees from any and allliabilitiesl damages, losses and costs, includ.in~ but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligencel recklessness, or intentionally wrongful conduct of Contractor or Consultant
or anyone employed or utilized by the Contractor or Consultant in the performance of
this Agreement. This indemnification obligation shall not be construed to negatel
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
14. CONTRACT ADMINISTRATION. This Agreement shall be adnùnistered on behalf
of the County by the Solid Waste Department.
15. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interestl either direct or indirectl which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
component partsl all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificatel and RFP #06-3932.
Page 4 of6
"Attachment B'
17. . SAFETY. Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety ofl and shall provide the necessary protection to
prevent damagel injury or loss to:
All employees on or about the project site and other persons and/ or orgarùzations
who may be affected thereby;
All the Work and materials and equipment to be incorporated there~ whether in
storage on or off the Project site; and
Other property on Project site or adjacent theretol including trees, shrubs, walks,
pavements, roadwaysl structuresl utilities and any underground structures or
improvements not designated for removal, relocation or replacement in the
Contract Documents.
Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property
or to protect them from damagel injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removall relocation or replacement of their property. Contractor1s duties
and responsibilities for the safety and protection of the Work shall continue until such
time as the Work is completed and final acceptance of same by Owner has occurred.
Contractor shall designate a responsible representative at the Project site whose duty
shall be the prevention of accidents. This person shall be Contractor's superintendent
unless otherwise designated in writing by Contractor to Owner.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
19. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
IN WITNESS WHEREOFI the Contractor and the County, have eachl respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
Page 5 of6
BOARD OF COUNIY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ BY:~>~~
Frank Halas, Otairmari
McCulley Marine Services, Inc.
Contractor
L(J4#-~
/ First Witness . 11 ~
S~a" Yh/ru ý
trype/printwitness namet
~~
~~ess
. .") .j/£.1P Þ/ii/'5
trype/ print Wi'tness namet
Br/ IJI4,IÆ
S' ture
JJ,,, I1/. m~a/~r. tt&~'¡'
Typed signature and title
Pine Island ToWing Company, Inc.
Contractor
L~
4irst Witness
0uSðf1 ~ ILRv
trype/ print witness namet
,
~
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tTypej print witness name t
ëJ/~..·
51 e
.J;¡", Jú. )};balky CØtPrð/ }¡¡d11Øf,r-
Typed signature and title
Approved as to form and
legal sufficiency:
Aæffit::::~r;;
Page 6 of6
-,
M~r 01 06. 04:20p
"Attachment e"
p;1
~ CERTIFICATE OF INSURANCE
II (.,..,.. "'.' 'I
, ":"~",,,,.;/ I
~$æfttN~E AS RESPECTS THE INTEREST OF THE CERTFlCATE HOLDER NAMED BaOW wa.L NOT BE
'~ OR OTHERWISE TERMINATED WITHOUT GMNG to DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRrTTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW.
This certifies that 181 STATE FARM MUTUAL AUTOMOmLE INSURANCE COMPANY of Bloomington, lIinois
o STATE FARM FlRE AND CASUALTY COMPANY ofBloomington,lRinois
o STATE FARM COUNTY MUTUAl INSURANCE COMPANY OF TEXAS of Dallas, Telæs
o STATE FARM INDEMNITY COMPANV of Bloomi:'lgton. Illinois, or
o STATE FARM GUARANTY INSURANCE COMPANY ofBloomington.IBinois
has coverage in force for the following Named Insured as ShCM'l'I below:
NAMED INSURED: John ItcCulley
ADDRESS OF NAMED INSUR8): 2309 S 01::1 Dix~e flicr.wû·!, ?::!rt. Pie::ce, FL 349..¡6
b. Collision
EMPLOVERS NON-OWNED
CAR UABtLITY COVERAGE 181 YES 0 NO
HIRED CAR LIABILrN 0 YES 0
COVERAGE . NO
FLEET - COVERAGE ~.
AU. O\I\IIIED AND LICENSED
L~T9R~~_._ DYES oNO
POUCY NUMBER
EFFecnVE DATE
OF POUCY
DESCRIPTION OF
VEHICLE (Including \/IN
LIABILITY COVERAGE
LIMITS OF LIABILITY
a. Bodily Injury .
Eøcl1 Pefson
Each Accident
b. Property Damage
Each Accident
c. Bodily Injury &
Property Dømage
Single Urnlt
Each AccidenI
PHYSICAL DAMAGE
COVERAGES
a. ComÐrehensiYe
219 O(13-C22-59C
09-22-2005
99 Dodge
IB7HC13YXXJ56220~ !
i 181 VES 0 NO
DYES
DNO
DYES
oNO
DVES
ONe
:. Million
1 Million
10e,ceo
[8 YES
$250
!8i YES
$ 25C
ONO
Deductible
ONO
Deduclible
DVES
$
DYES
$
. DYES
õOYES
DNa
Deductible
DNO
OeGIclible
DNO
DNO
,DVES
i$
DYES
$
DYES
DVES
DNO
DeducllÞle
DNO
Deductible
DVES
$
DYES
$
DYES
DYES
ONO
o.dudlbIe
ONO
Dedu~
ONO
ONO
oNO
DNO
DVES
ONO
DYES
oNO
! DVES
DNO
Siçnature of Aulhori:æd Representative
~ and Address of Certificate Holder
rCOLiC¡; Cout:ty
r't:":'C':hi):;;n; Bl:il:1in~
3.3C"1 ~~ 'lll1"Tli.!l'fl'd "!':-nil
Naple~. Fl 3,".12
Aqc::t 1993 O~!(ll/OF,
Till.. Agent's Code Number Dale
Name and Address of en!
. Terry L. MQlSle¡;
It C , 9 S ns .'
I ¡;'c!"t P.'lorc9, ¡"L 301992
I '
I I
INTERN"l 5T ATE FARM USE ONLY: 0 Reques1 pem:'!nlll'll Certilica~ of Insuranœ lor Nbility c;o\I8rage.
12<429.3 Rev. Cr.26-200f 0 Ret;uest CeltlllC8te Holder to be lidded as en Addiüllmll Insured.
*Huck1eberry Sibley
1020 N Orlando AVe.
Maitland FL 32751
Phone: 800-300-6641
INSURED
lliE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR lliE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDmON OF ArfY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH llilS CERTIFICATE MAY BE ISSUED OR
MAY PERTAlN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClAIMS.
~;;ë TYPE OF INSURANCE POUCY NUIIBER DATE IMIIIIDDfYY DATE IIM1ÖÕÌÝ'ŸÍ' UMITS
GENERAL LlABlLITY EACH OCCURRENCE .1,000,000
-
A e- COMMERCIAL GENERAL LIABILITY pRËMìSes E8_l · SO ,000
i-.. tJ ClAIMS MADE [!] OCCUR MED EXP (My one l8IIOn) .5,000
~ Marine Liabi1ity E082406 05/18/06 05/18/07 PERSONAL & ADV INJURY · 1,000,000
GENERAL AGGREGATE $2,000,000
~ '1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMPIOP AGG
I POLICY n- ~:8r . n LOC
~UTOMOBILE LlABlUTY COMBINED SINGLE LIMIT ·
ANY AUTO (Eø 8CCIdllnI)
-
ALL OWNED AUTOS BODILY INJURY
f-- $
SCHEDULED AUTOS (Per ptltIOn)
I--
HIRED AUTOS BODILY INJURY
'-- $
NON-OWNED AUTOS (P8r 8CCidenI)
-
- PROPERTY DAMAGE ·
(Per 1ICCÌdenl)
GARAGE UABIUTY AUTO ONLY - EA ACCIDENT ·
~ A/('( AUTO OTHER THAN EA ACe $
AUTO ONLY: AGG ·
EXCI!8SIUMBRELLA LIABILITY EACH OCCURRENCE $
tJ OCCUR 0 CLAIMS MADE AGGREGATE $
$
R oeDUCTlBLE $
RETENTION $ $
WORKERS COMPENSAnoN AND X hORYLlMITS I ''''ER
C EMPLOYERS' UABlUTY WC5846528 10/06/05 10/06/06 E.L EACH ACCIDENT $ 1000000
A/('( PROPRIETORIPARTNER/EXECUTlVE
OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 1000000
:~~~SbeJow E.L. DISEASE· POLICY LIMIT $1000000
OTHER
B Sit:e Po11ution EIL010B490501 09/30/05 09/30/06 Per Occ 1,000,000
Louisiana A<¡q 1,000 000
DESCRIPTION OF OPERAllONS/ LOCAllONS I VEHICLES I EXCUISlOHS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Ship repair. Re: Agreement #06-3932 "Artificia1 Reef Recyc1ing Construction
& D8Illo1ition Waste". Certificate ho1der & Pine Is1and Towinq Co. are 1isted·
as additional insured with respect to Genera1 Liability. *10 day notice of
cance11ation app1ies to non-payment.
Co11ier County
Attn: Lyn Wood
3301 E Tamiami Trai1
Purchasing B1dg
Naples FL 34112
ACORD..
PRODUCER
COVERAGES
CERTIFICATE HOLDER
ACORD 25 (2001/08)
P. 2
CERTIFICATE OF LIABILITY INSURANCE
& Harvey·
Suite 200
OP 10 G DATE (MM/DOIVYYY
MCCMOOl 05 18 06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Fax: 407-628-1635
INSURERS AFFORDING COVERAGE
NAle,
19380
McCu11.ay Marine Services Inc.
Susan Millljlr
2309 N Dix1e Hwy
Fort Pierce FL 34946
INSURER A:
INSURER B:
INSURER C:
INSURER 0:
INSURER E:
19410
~r1can .... Aaaunnaa Co.
Aile%"1can sate'ty In.uranca Co.
ec::....roe , Industry In.. Co.
CANCELLATION
COLLCOU SHOULD ArfY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDeAVOR TO MAlL 30 * DAYS WRITTEN
NOnCE TO THE CERllFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGAllON OR LIABILITY OF ArfY KINO UPON TIlE INSURER, ITS AGENTS OR
REPRESENTAllVES.
bR REPR
@)ACORDCORPORATlON 1988
"Attachment n"
Frpm: Verpnica Peebles At: Huckleberry, Sibley & Harvey FaxlD: HSH INC To: Diana
ACORD.
PRODucER
Date: 5/24/06 01:14 PM Page: 1 of2
CERTIFICATE OF LIABILITY INSURANCE
*HUcklebe%ry Sibley
1020 N Orlando Ave.
Maitland FL 32751
Phone: 800-300-6641
INSURED
& Harvey*
Suite 200
Fax:407-628-1635
Pine ~sland ~owina, Znc.
2309 N Old Dixie R10hway
Fort Pierce I'L 34946
COVERAGES
OP JD DATE (MMIDDIYYYY)
PXNI002 OS/24 06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
INSURERS AFFORDING COVERAGE
INSUlER A: Zurich ~nsurance C n
INSUlER B: Fec:teral J:naurance Company
INSlRER c:
INSI..Il6i 0:
INSLRER E:
NAlC#
20281
Tl£ POLICIES OF INSlJlANCE LISTED BELOW Ht.VE æEN ISSlED TO l1-€ INSUlED NAAED ABDYE FOR'lI£ POliCY PERIOD IIÐJCATED. NO'IWI1HSTAJ\DING
AAY REQUIRElENT'. TERM OR CON:lmON OF ÞHY CON1'lW:T OR OTI£R DOa.t.1ENT WI1H RESPECT 10 WHCH THIS CERTIFICATE MAY æ ISSLeD OR
MAY PERTAIN, l1-E INSURANCE AFFORCED BY l1-E POLICIES DESCRIBED I£REIN IS SUB..eCT1O ALL THE TERMS. EXCLUSIONS /lH) CONlITlONS OF SUCH
POliCIES. AGGREGATE LIMI1~ SHOWN MAY Ht.VE BEEN REDUCED BY PAID ClAIMS.
~~ 'n1'E OF INSURANCE POLICY NUMBER DA-Æ~~ LMT8
~ LlABlLnv EACH OCCURRENCE $
A ~ ~CIAL GENERAL LIABILITY MIl 3546409-02 04/28/06 04/28/07 PREMISES rEI ClCClnnCII $
QAJMs IMDE [!] OCCI.R toED EXP lAnv one person) $
f--
X Hull And P&I INCL PER50NAL "ÞDV IN.A.JRY $
X Deductible$10,000 GENERAl. AGGREGATE $1,000,000
GEM. AGGREGATE LIMIT APPLIES PER: PRODUCTS - ~IOP AGG $
I POLICY n'~ rlLOC
AllTOM08ILE LIABLITY COMBINED SINGLE LIMIT
- $
/lNY AUTO (Eo ICCldent)
f-
f- ALL OWI>.ED AlJI'OS BODILY 1N.Lffi'
$
SO£DULED AUTOS (Per penonl
i--
'-- HIRED AUTOS BODILY INJURY
$
NON-OV.lII:D AUTOS (Per IICCidont)
'--
- PROPERTY DAMAGE $
(Per BCcldert)
GARAGE UAIlUTY AUTO O/IL Y - EA ACCIDENT $
R ANY AUTO 011-IER 1w.N EA ACe $
AUTO ON.. Y: AGG $
EXCEBS/UMBRELLA LlABIlnv EACH OCClRRENΠ$2,000,000
B ~ OCCUR 0 ClAiMS MADE 7321432 11/01/05 11/01/06 AGGRE~TE $
$
==i ,DEDUCTIBLE $
RElENTION $ $
WORKERS COMPENSAT1OH AND lÓil\~:~ , IU~
EMPLOYERS' LlABlLnv
ÞHY PRDPRIëTORlPAR'TIIIERÆXEcurlVE E.L EACH ACCIDENT $
OFFICERltÆMæR EXCLUllED'I E.L. DISEASE - EA El.'PLOYEE $
~.., do.crib. ........
ECIAI. PROViS1ONs _ E.L. DISEASE - POLICY LIMIT $
OTHER
A Hull & Machinery MIl 3546409-02 04/28/06 04/28/07 Hull &Mach 3,770,000
DESCIllP'TlON OF OPERATIONS I LOCAnONS J VEHICLES I EXCLUSIONS ADDED BY ENDORSBENT I SPECIAl PROVISIONS
McCulley Marine Services, Inc. is listed as additional insured.
CERTIFICATE HOLDER
CANCELLATION
COllier CountY/Office of
Purchasing Director
3301 Tamiani ~rail E, Bldg G
Naples FL 34112
SHOULD AHf OF 11ΠABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAllON
DATE THEREOF. 11Œ ISSUING INSURl!R WILL ENDEAVOR TO MAlI. 1 ° DAYS WRITTEN
NOTICE TO 11ΠCERnFICATE HOLDER _0 TO 11ΠLEFT. BUT FAILURE TO DO SO SIfALL
IIIPOSE NO OBLIGATION OR UABILITY OF AN( KIND UPON THE INSURER, ITS AGENnl OR
REPRESENTA'T1\IES,
REPR
COLLCOU
ACORD 25 (2001/08)
B:'
@ACORDCORPORATION 1988
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this fonn does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
A G R E E MEN T #06-3932
Artificial Reef Recycling Construction and Demolition Waste
THIS AGREEMENTI made and entered into on this ;:)O~ day of ~ L V"l ç j 20061
by and between McCulley Marine Services, Inc. and Pine Island Towing Company, Inc.,
authorized to do business in the State of Florida, whose business addresses are 2309 N. Old
Dixie HighwaYI Fort Piercel Florida 349461 hereinafter called the "Contractor" and Collier
COuntyl a political subdivision of the State of Florida, Collier County, Naples, hereinafter
called the "County";
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a seven (7) year period, commencing on
the date of award by the Collier County Board of County Commissioners
The County maYI at its discretion and with the consent of the Contractorl renew the
Agreement under all of the terms and conditions contained in this Agreement for an
additional three (3) year period. The County shall give the Contractor written notice of
the Countyl s intention to renew the Agreement term not less than ten (10) days prior to
the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide artificial reef using recycled
construction and demolition waste in accordance with the tenns and conditions of RFP
#06-3932 and the Contractor's proposal incorporated herein by reference and made an
integral part of this agreement.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/ fees submitted in the proposal.
Any County agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
4. ADDITIONAL ITEMS/SERVICES: Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
Page 1 of 6
· .
5. NOTICES. All notices from the County to the Conh'actor shall be deemed duly served
if mailed or faxed to the Conh'actor at the following Address:
John W. McCulleYI Vice President
McCulley Marine Servicesl Inc./Pine Island Towing CompanYI Inc.
2309 N. Old Dixie Hìghway
Fort Pierce, Florida 34946
Fax: 772-460-9701
All Notices from the Conh'actor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Traill East
Naplesl Florida 34112
Attn: Steve Carnell
Fax: 239-732-0844
The Contractor and the County may change the above mailing address or fax number at
any time upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Conh'actor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.801 F,S'I all perrrúts
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County perrrúts necessary for the prosecution of the Work shall be procured
and paid for by the Conh'actor. The Conh'actor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the Staté of Floridal or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws goverrung the responsibility of an employer with respect to persons
employed by the Contractor"
8. NO IMPROPER USE. The Contractor will not usel nor suffer or perrrút any person to
use in any manner whatsoeverl county facilities for any improperl immoral or offensive
purpose, or for any purpose in violation of any federall state, county or municipal
ordinancel rulel order or regulation, or of any governmental rule or regulation now in
effect or .hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
Page 2 of6
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contraèt of the Contractor. Should the Contractor fail to correct any such
violationl conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conductl or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. PROHIBmON OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
. shall offer or givel either directly or indirectly, any favorl giftl loan, fee, service or other
item of value to any County employeel as set forth in Chapter 112, Part IIII Florida
Statutesl Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, ~ and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bidsl RFPI and/ or quotes; andl c. immediate
termination of any contract held by the individual and/ or firm for cause.
10. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non-performance.
'11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to racel sexl color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1/000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,0001000 Per
Occurrencel Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Gwned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1/0001000 for each accident.
Page 3 of6
D. United States Longshoreman's and Harborworker's Act coverage shall be
maintained to the completion of the work.
E. Maritime Coverage (Jones Act) shall be maintained to the completion of the work.
F. Watercraft Liability coverage shall be carried at the minimum limit of $1,0001000
until completion of the work under this Agreement.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Currentl valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
13. INDEMNIFICATION. To the maximum extent permitted by Florida lawl the
Contractor or Consultant shall indemnify and hold harmless Collier COuntyl its officers
and employees from any and allliabilitiesl damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant
or anyone employed or utilized by the Contractor or Consultant in the performance of
this Agreement. This indemnification obligation shall not be construed to negatel
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
14. CONTRACT ADMINISTRATION. This Agreement shall be adrrùnistered on behalf
of the County by the Solid Waste Department.
15. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interestl either direct or indirectl which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
. component partsl all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificatel and RFP #06-3932.
Page 4 of6
17. . SAFETY. Contractor shall be responsible for initiati.n~ maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety ofl and shall provide the necessary protection to
prevent damagel injury or loss to:
All employees on or about the project site and other persons and/ or organizations
who may be affected thereby;
All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Project site; and
Other property on Project site or adjacent thereto, including trees, shrubsl walks,
pavements, roadwaysl structuresl utilities and any underground structures or
improvements not designated for removall relocation or replacement in the
Contract Documents.
Contractor shall comply with all applicable codes, lawsl ordinancesl rules and
regulations of any public body having jurisdiction for the safety of persons or property
or to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removall relocation or replacement of their property. Contractor's duties
and responsibilities for the safety and protection of the Work shall continue until such
time as the Work is completed and final acceptance of same by Owner has occurred.
Contractor shall designate a responsible representative at the Project site whose duty
shall be the prevention of accidents. This person shall be Contractor's superintendent
unless otherwise designated in writing by Contractor to Owner.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
19. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier Countyl Florida.
IN WITNESS WHEREOFI the Contractor and the County, have eachl respectivelYI by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
Page 5 of6
BOARD OF COUNIY COMMISSIONERS
COLUER COUNTY, FLORIDA
~ BY;~>~
Frank Halas, Chairman.
McCulley Marine Services, Inc.
Contractor
La~~
/ First Witness 11 _
S c..c.=>ðt'\ "YJ1"/ III Ý
hype/ print witness namet
~
Set£;:;t~Jess J Å' I
. J ..}/l4f' .1'-'11'15
hype/ print W(tness namet
Bd¡;~1Æ
S· ture
J:j,/J l1/ )r;~a/LÍ~ lt~~'¡'
Typed signature and title
Pine Island ToWing Company, Inc.
Contractor
L~
~irst Witness
SUSðt1 ~'uv
tType/ print witness namet
,
ëJ;~...
51 e
~
5f£A~ssµi ILs
tTypej print witness namet
J;¡", k/. »;t.t1lhr C.rðl })¡tJI1aJ,r
Typed signature and title
Approved as to form and
legal sufficiency:
A$ffiU~~
Page 6 of6
M~r 01 ~ 04:20p
p.1
!~ CERTIFICATE OF INSURANCE
¡I (::;~. :,~:) II
: ~. --.................. !
~SlfC'fftNÌURANCE AS RESPECTS THE INTEREST OF THE CERlFICATE HOLDER NAMED as-ow WILL NOT BE
QW""œœo OR OTHERWISE TERMINATED WlTHOIIf GMNG '0 DAYS PRIOR WRITTEN NOTlC!: TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTFICATE BE VAUD MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE: OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLlCY DESCRIBED BELOW.
This certifies Chat I2l STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington. IIlnois
o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
o STATE FARM COUNTY MUTUAl INSURANCE COMPANY OF TEXAS of DaDas, Texas
o STATE FARM INDEMNITY COMPANY of Bloomi:'.gton. Imnois, or
o STATE FARM GUARANTY INSURANCE COMPANV of Bloomington,lPinois
has coverage in force for the following Named Insured as ShCM"" below:
NAMED INSURED: John t'1cCulley
219 O~13-C22-59C
ADDRESS OF NAMED INSURB:l: 2309 ~ Cl:j Dix:e Elicl':w¡¡...., ::':::>rt. Pie:::ce. FL 349"¡6
POUCY NUMBER
EFFECTIVE DATE
OF POUCY
DESCRIPTION OF
VEHICLE (Including VlN)
lIABlLlTY COVERAGE
LIMITS OF LIABILITY
a. Bodily Injury
Esel1 Person
Eacl1 Accident
b. Property OlImage
Each Accident
c. Bodily Injury &
property D8lTlage
Single Limit
Eacll AccìdenI
PHYSICAL DAMAGE
COVERAGES
8. ComDTehensive
v9-2:2-200S
99 Dodge
lB7HC13YXXJ~6220~ !
i 181 YES 0 NO
DYES
:. Million
l Mi.llion
10C,CDO
DNO
Deductible
ONO
Deductible
DYES
$
DYES
$
. DYES
; DYES
181 YES
$250
!81 YES
$ 25C
b. Collision
EMPLOYERS NON-owNED
CAR UABILITY COVERAGE 18I YES 0 NO
HIRED CAR LIABll.lTY 0 YES 0
COVERAGE . NO
FLEET - COVERAGE ~'
AU. OII\MDAND LICENSED
LUOTÇ)R VEHIC¥ª___ 0 YES .___ 0 NO
DYES
DNO
DNO
Deductible
ONO
Deductible
oND
DNO
DNO
DVES
,DVES
i$
DYES
$
DYES
DVES
DYES
DNa
DNO
Decluctible
oNO
Deductible
oND
DNO
DNO
DYES
DVES
$
DVES
$
DVES
DYES
: DYES
DNa
ONO
D8ducIiIIe
DNO
Deduclllle
DNO
DNO
DNO
Si'imatunl of Aulno."iad Represantalive
~ and Address of Certificate Holder
rC01:ie¡; Cvur:ty
tj~::"':"r:h,J:;jn; e1..:il:1in~
33r- ~~ 1.l'/i"i.ami 'l'-:-ni.l
Naple~. Fl 3(:'12
Aqc::t 1993 0::/01/06
Titifl Agent's Code Number Dale
Name and Address of ent
, Torry L. MQ::¡.ley
49t9 S ns "
I F'c!"t P.'LcrC9, ~'L 301982
I
I !
INTERN"L STATE FARM USE ONLY: 0 Requøs1 permanent certificat~ of Insuranœ tor liability awerage.
'2.429.3 Rev, C7-2S-200S 0 Ret;uest CeI1iìicaie HolI!erto be added as an Addiliornil Insured.
*Huakl.eberry Sibley
1020 N Orlando Ave.
Maitl.and FL 32751
Phone: 800-300-6641
INSURED
& Harvey*
Suite 200
OP 10 G DATE (MMlDDIYYYV)
MCCMOOl 05 18 06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Fax:407-628-1635
_lean B_ _... Co.
NAIC.
19380
INSURERS AFFORDING COVERAGE
McCulley Marine Services Inc.
Susan Mï.ll.r
2309 N Dix1e Hwy
Fort Pierce FL 34946
INSURER A:.
INSURER B:
INSURER C:
INSURER D:
INSURER E:
"-r1aan 8afety Inauranœ¡ co.
c-r... , InduaUy l"a. CO.
19410
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WlTHSTANDING
AH'f REQUIREMENT. TERM OR CONOmON OF AP« CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \l\lHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L TIt iNsRI TYPE OF INSURANCE POLICY NUMBER ~ DATE(MMI~ UMItS
~ERAL LIA8IUTY EACH OCCURRENCE $1,000.000
A I- ÒOMMERCIAL GENERAl. LIABILITY PREMISES lea occu_l $ SO 000
f-- CLAIMS MADE ~ OCCUR MEO EXP (Any one perwon) $ 5 000
~ Marine Liability E082406 05/18/06 05/18/07 PERSONAL & M1V INJURY $1 000.000
"- GENERAL AGGREGATE ,2 000.000
~LAGGn LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG · 1,000.000
PRO- n
POLICY JECT LOC
~UTOIIIOBlLE LIA8IUTY COMBINED SINGLE LIMIT $
AH'fAUTO (E.lICcidBnI)
-
- ALL OWNED AUTOS BODILY INJURY
·
SCHEDULED AUTOS (Per ptIfIOn)
-
- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (P.r_)
-
PROPERTY DAMAGE ·
(PBfIlCCÏdtlnl)
ROE LIA8IUTY AUTO ONLY - EA ACCIDENT $
AH'f AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG S
[jES8/UMBRELLA UABILITY EACH OCCURRENCE S
OCCUR 0 CLAIMS MADE AGGREGATE S
S
R DEDUCTIBLE S
RETENTION $ S
WORKERS COMPENSATION AND X ITORY LIMITS. I IVE~-
C EMPLOYERS'LlABlUTY WCS846528 10/06/05 10/06/06 E.L. EACH ACCIDENT $ 1000000
AH'f PROPRIETORJPARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L. DISEASE· EA EMPLOYEE $ 1000000
gm~~sbeIow E.L. DISEASE· POLICY LIMIT S 1000000
OTHER
B Site Pol.l.ution EIL0108490501 09/30/05 09/30/06 Per Occ 1/000,000
Louisiana Agg 1.000.000
DESCRlPnON OF OPERATIONS I LOCAllONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Ship repair. Re: Agreement #06-3932 "Artificial Reef Recycl.ing Construction
& Demol.ition Waste". Certificate holder & Pine Isl.and Towing Co. are l.isted·
as additional insured with respect to General. Liabil.ity. *10 day notice of
cancellation appl.ies to non-payment.
CERTIACA TE HOLDER
CANCELLATION
COLLCOU
SHOULD AI('( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRlTÆN
NOllCE TO THE CERllFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATlON OR UABILITY OF AI('( KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
REPR
@ACORDCORPORATION1988
Coll.ier County
Attn: Lyn Wood
3301 E Tamiami Trail
Purchasing Bldg
Napl.es FL 34112
E'
ACORD 25 (2001/08)
Frpm: Verpnica Peebles At: Huckleberry, Sibley & Harvey FaxlD: HSH INC To: Diana
Date: 5/24/06 01:14 PM Page: 1 of2
ACORD.
CERTIFrCA TE OF LIABILITY INSURANCE
*HUcklebe%ry Sibley
1020 N Orlanclo Ave.
Maitland FL 32751
Phone: 800-300-6641
INSURED
& Harvey*
suite 200
OP 10 DATE (MMJDDNYYY)
PXNX002 OS/24 06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
PRODUCER
Fax:407-628-1635
INSURERS AFFORDING COVERAGE
1NSlJ'lERA: Zuric:h J:n,Suranc:e C n
INSlÆR B: Federal Insuranc:e Company
INSURER c:
INSlIlER 0:
INSLRER E:
NAlC#/.
Pine J:,Sland TowinG, J:nc:,
2309 N Old Dixie R1Qhway
Fort Pierc:e FL 34946
20281
COVERAGES
Tl£ POLICIES OF iNSlJlMIŒ LISTED BELOW HllVE BEEN ISSLeO TO Tl£ INSUlEO NAMED ABOVE FalM POliCY PERIOD I~ICATED. NOlWITHSTA/lDING
/>NY ReQUIREMENT. 1ERM al CCHllTION OF ÞHY CONTRACT OR OTl-ER 0ClCl.M:NT WITH RESPECT TO VWilCH"!H1S CERTIFICATE MAY BE ISSUED al
MAY PERTAIN. 11-£ INSlJRNCE AFFORDED BY Tl£ POLICIES CESCRIBEO /£REIN IS SlJIlJECT TO All. THE lERMS. EXClUSIONS A/lD COI\[)ITlONS OF SUCH
POliCIES. AGGReGATE L1MIlS SHOWN /MY HllVE BEEN REDUCED BY PAlO ClAIMS.
LlR IN8Rl: 'n'PE OF INSURANCE POLICY I«JMIlER DATE fYY OATE (MM/DDì\"Yl LIMITS
GE!NERAl. UABLITY EACH OCCURRENcE $
'- 04/28/06 04/28/07 I PREiMS'Eš'¡'é;"~)
A ~ÒOMMERCIIlI. GENERAl LIABILITY MH 3546409-02 $
_ CAII\IIs lMOE ŒJ OCCLR lED EXP (Any one person) $
~ Hull And P&I rNCL PERSONAl. & ADV IN..UiY $
~ Decluc:t1J:>le$10 ,000 GÐERAl AGGREGAlE $1,000,000
GEM.AGGREGAlE LIMIT ¡tppLIES PER: PROOlJCTS - COWPIOP AGG $
rPOlICYD~ .nLOC
~OMOBILE lIABI.ITY C~IIIED SINGlE LIMIT $
/lNY AUTo Ie. occldent)
-
- All. OWIIEO AUTOS BODILY IN,lJRY
$
SO£DUlED AUToS (Per person)
-
HIRED AUTOS BOOIL Y INJURY
~ $
~AlJTOS lper ICcidorl)
I -
PROPERTY DAMAGE $
IPw ICcldert)
GARAGE lIABl1.JTY AllTO ON. Y - EAACCIDENT $
=i /lNY AUTo OlHER THMI EAACC $
AUrO ON..Y: AGG $
EXCEBSIUMBRElLA LIA8a.ITY EACH OCCLSlRENCE S 2,000 ,000
B ~ OCCUR 0 ClAIMS MADE 7321432 11/01/05 11/01/06 AGGREG.O.lE S
$
q DEDUCTIBLE S
RETENTION $ $
WORKERS COMPENSATION AND ITÒRy'Llalì'S I IU~
EMPlOYERS'LIABLITY
ÞHY PROPRIETORlPARThERiEXEOJTIVE E.L. EACH ACCIDENT $
OFFICERilIEMllER EXCLUllED? E.L. DISE.O.sE - EA EMPLOYEE $
~~I:'=V=S below E.L. DISEASE - POLICY LIMIT C
OllER
A Hul.l. & Machinery MIl 3546409-02 04/28/06 04/28/07 Hull.&Mac:h 3,770,000
DESCRIPTION OF OPERAl1ONS I LOCATIONS I VEHICLES I EXClUSIONS AOIlED BY EMlORSEMENT I SPECIAl PROVISIONS
Mc:Culley Marine Servic:es, Inc:. is listed as additional insured.
CERTIFICATE HOLDER
COLLCOU
CANCELLATION
SHOUlD No« OF lllE ABOVE DESCRIBED POUCIES BE CANCEllED BEFORE "!HE EXPIRATION
DATE "!HEREOF, lllE ISSUING INSURER WILL ENDEAVOR TO MAIl ~ DAYS WRIlTEN
NOllCE TO "!HI! CERT1FICATE HOlDER NAMED TO lllE lEFT. BUT FAIlURE TO 00 so SHAll
IMPOSE NO OBUGATlON OR UABllIlY OF ÞHY KIND UPON "!HE INSURER. rrs AGENTS OR
REPRESENTATIVES.
BOR REPRE
Coll.ier CountY/Office of
Purchasing Director
3301 Tamiani Trail E, Bldg G
Naples I'L 34112
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
, ó} o~ ~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the ~rtificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
07/11/08
FZABWARR
FUND
184
ST. LUCIE COUNTY - BOARD
WARRANT LIST #41- 04-JUL-2008 TO 11-JUL-2008
FUND SUMMARY- EROSION
TITLE
Erosion Control Operating Fund
GRAND TOTAL:
EXPENSES
1,444.88
1,444.88
PAGE
1
PAYROLL
4,966.40
4,966.40