Loading...
HomeMy WebLinkAboutAgenda Packet 01-06-2009M 7anuary 6, 2009 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 today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rior 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. I. II. PLEDGE OF ALLEGIANCE �IfII.( MINUTES AW�,o Approve the minutes from the December 16, 2008 meeting. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for January 6, 2009. V. GENERAL PUBLIC COMMENT 6pt• It D 3 VI. CONSENT AGENDA A. WARRANTS 1 V Approve warrant list No. 12, 13 & 14. B. COUNTY ATTORNEY 1. Logistics Center — Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc., for 2009 Girl Scout Cookie Distribution — Consider staff recommendation to approve the proposed Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc., and authorize the Chairman to sign the Agreement. 2. Humane Society of St. Lucie County, Inc. — Third Amendment to October 1, 2006 Agreement — Consider staff recommendation to approve the proposed Third Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the Third Agreement. 3. Midway Road Right -of -Way — North St. Lucie Water Control District — Adjacent to property formerly owned by International Alzheimer's Foundation Trust, Inc. — Resolution No. 09-013 — Consider staff recommendation to accept the Fee Simple Deed, authorize the Chairman to sign Resolution No. 09-013 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 4. Airport West Commerce Park — 20' Drainage Easement — Consider staff recommendation approve the Drainage Easement, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. C. GROWTH MANAGEMENT Approve the Second Amendment to Contract C08-03-189 with Municipal Corporation to extend the term of the Contract until 12/31/09 — Consider staff recommendation to approve the amendment to the Contract for extension of time and authorize the Chairman to sign. D. PUBLIC WORKS Request the Board approval of Railroad Reimbursement Agreements from Florida East Coast Railroad (FEC) and Florida Department of Transportation (FDOT) for. safety improvements at Midway Road and Walton Road railroad crossings; and approval of Resolution #08-386, and authorization for signature by Chair — Consider staff recommendation to approve the Railroad Reimbursement Agreements from Florida East Coast Railroad (FEC) and Florida Department of Transportation (FDOT) for safety improvements at Midway Road and Walton Road railroad crossings; and approval of Resolution #08-386, and authorize the Chairman to sign. SR 615 South 25th Roadway Widening (Midway Road — Edwards Road) — Construction Engineering and Inspection Services — Consider staff recommendation to approve the Fifth Amendment to Work Authorization No. 1 (CO3-05-645) which amends Kimley-Horn and Associates contract to reflect a $50,000 increase for construction engineering inspection services and a time extension relative to bridge repairs for the South 25th Street Roadway Widening Project (Midway Road — Edwards Road) and authorize the Chairman to sign. 3. SR 615 S. 251h Roadway Widening (Midway Road — Edwards Road — Geotechnical Engineering and Construction Materials Testing — Consider staff recommendation to approve the Ninth Amendment to Work Authorization No. 16 (CO3-05-645) which amends the Dunkelberger Engineering & Testing, Inc. contract to reflect a $20,000 increase for geotechnical engineering and construction materials testing services and a time extension relative to bridge repairs for the S. 25th Street Roadway Widening project (Midway Road — Edwards Road), and authorize the Chairman to sign. 4. Avenue J Pedestrian Bridge over Drainage Ditch No. 2 — Consider staff recommendation to approve Change Order No. 1 to the contract with Sheltra & Sons Construction Company, Inc. (C08-02-053) for the Avenue J Pedestrian Bridge over Drainage Ditch No. 2 in the amount of $8,257, and authorize the Chairman to sign. 5. Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 67 — Consider staff recommendation to approve Change Order No. 1 to the contract with Johnson -Davis, Inc., (C08-11-540) for repair of Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 67 in the amount of $22,800 and authorize the Chairman to sign. 6. Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 64 - Consider staff recommendation to approve Change Order No. 1 to the contract with Johnson -Davis, Inc., (C08-11-541) for repair of Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 64 in the amount of $22,000 and authorize the Chairman to sign. 7. Award of Bid #09-006 Striping and Pavement Markings — Consider staff recommendation to award the contract of striping and pavement markings to both Whiteleaf, Inc. (Gene's Striping) and Oglesby Construction, Inc. 8. Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 68 - Consider staff recommendation to approve Change Order No. 1 to the contract with Sheltra & Son Construction Company, Inc., (C08-10-463) for repair of Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 68 in the amount of $2,688.20 and authorize the Chairman to sign. E. GRANTS 1. Approve an agreement with the Florida Division of Emergency Management (FDEM) to accept grant funding from FDEM and the Federal Emergency Management Agency (FEMA) for disaster relief funding from Tropical Storm Fay — Consider staff recommendation to approve the agreement and accept disaster relief funding from FDEM and FEMA. 2. Approve changing the name of the St. Lucie County Historical Museum to the St. Lucie County Regional History Center — Consider staff recommendation to approve changing the name of the St. Lucie County Historical Museum to the St. Lucie County Regional History Center. Staff requests authorization to: (1) change the pending grant agreement to move $2,000,000 in anticipated County Incentive Grant Program (CIGP) funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; (2) move $500,000 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road; and (3) continue to work with FDOT for the most beneficial solution for maintaining and maximizing the $2,000,000 CIGP funding. 4. Request submittal of a grant application to the Florida Department of Transportation (FDOT), School Infrastructure Pilot Program, in the amount of $5,000,000, to be used toward the cost of constructing the intersection at Kings Highway and Orange Avenue — Consider staff recommendation to authorize the submittal of a grant application to the Florida Department of Transportation (FDOT), School Infrastructure Pilot Program, in the amount of $5,000,000, to be used toward the cost of constructing the intersection at Kings Highway and Orange Avenue. 5. Staff requests authorization for the submittal of applications to Walmart, Lowes and CVS Pharmacy for funding to cover the approximately $23,500 cost of materials for the build -out of a no -pay access to health care clinic designed to serve the uninsured and under -insured of St. Lucie County PARKS AND RECREATION Tradition Field Proposed Pricing for the 2009 Baseball Season — Consider staff recommendation to approve Sterling Facility Services, LLC's proposed 2009 pricing for the following areas of operation: tickets, parking, programs and concessions at Tradition Field. 2. Approval of Budget Amendment No. BA09-008 Transferring Funds for the installation of a Pervious Concrete Pad for the Playground Safety Surface at MLK, Jr./Dreamland Park — Consider staff recommendation to approve Budget Amendment BA09-008 to transfer $9,640 from Account No. 001- 7210-546200-700 Parks Maintenance Improvement Projects into Parks Infrastructure Capital Fund Account No. 001-7210-563000-7697. 3. Increase Change Fund for the Havert L. Fenn Center — Consider staff recommendation to increase the change fund assigned to the Havert L. Fenn Center to $225. 4. Award of RFP 09-010/Services of a Tennis Professional — Consider staff recommendation to accept the revised proposal from Woody Newson, Inc., for the Services of a Tennis Professional and award the RFP and authorize the Chairman to sign the contract as drafted by the County Attorney. G. SHERIFF'S OFFICE Draw Request — January 2009 — Consider staff recommendation to approve the Sheriff's double draw request for January 2009 in the amount of $10,881,345.50. H. INFORMATION TECHNOLOGY Request Board approval to renew the second amendment extension to contract C07-03-171 exercising the second one year renewal option and extending the contract through September 30, 2009 between St. Lucie County and R&S Integrated Products in the amount of $28,088 — Consider staff recommendation to approve the request to renew the annual maintenance and the Board sign the contract extension between St. Lucie County and R&S Integrated Products in the amount of $28,088. ECONOMIC DEVELOPMENT Request approval to amend the Economic Development Council Grant for 2008-2009 by increasing the Grant from $150,000 to $250,000 — Consider staff recommendation to approve the amendment for the increase of $100,000 to the Grant and authorize the Chairman to sign. The total County Grant to the EDC for 2008-2009 would be $250,000. ADMINISTRATION Jail Medical Wing and 100-bed Minimum Security Dormitory -Type Facility — Consider staff recommendation to go out for proposals for design and engineering services to engineer and design renovations and expansion of the jail medical wing and 100-bed minimum security dormitory -type facility and grant permission to advertise for RFP. 2. Airport Master Plan Update Technical Advisory Committee — Consider staff recommendation to ratify the fourteen (14) recommended appointees to the Airport Master Plan Update Technical Advisory Committee. Proposed New Distributor Operation — Letter of Intent (LOI) — Consider staff recommendation to approve the September 22, 2008, Letter of Intent Agreement with the proposed new distributor operation. K. COMMUNITY SERVICES 1. Donation of Surplus Equipment — Consider staff recommendation to donate eight (8) computers and accessories to the new Volunteer Income Tax Assistance site at the Church of Philadelphia of the Nazarene, a non-profit community organization, and remove them from the County's Fixed Asset Inventory records. 2. Permission to advertise Requests for Proposals for services necessary to administer the Neighborhood Stabilization Program — Consider staff recommendation to advertise Requests for Proposals for services necessary to administer the Neighborhood Stabilization Program. END OF CONSENT AGENDA VII. PUBLIC HEARINGS COUNTY ATTORNEY Ordinance No. 09-003 (formerly No. 08-031) — Amending Section 7.10.23(N)(3) of the Land Development Code — Revise Separation Requirements for Telecommunications Tower Height Requirements and Minimum Standards — No action required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 20, 2009, at 6 p.m. or soon thereafter as may be heard. COUNTY ATTORNEY Ordinance No. 09-002 — Economic Development Ad Valorem Tax Exemption — Ineligible Business or Industry — Consider staff recommendation to adopt Ordinance No. 09-002 as drafted and authorize the Chairman to sign the Ordinance. C. GROWTH MANAGEMENT Q Petition of International Airport Business Park, LLC., for a Proportionate Fair Share and Road Impact Fee Credit Agreement for the intersection improvements to Kings Highway and St. Lucie Boulevard to support the project known as International Airport Business Park located at the southwest corner of the Vn intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial Light) zoning district — J Consider staff recommendation to adopt Draft Resolution No. 09-004 that grants approval to the Proportionate Fair Share and Road Impact Fee Credit Agreement, which complies with Condition of Approval Number 4 of Resolution No. 09-003 regarding the cost of intersection improvements on Kings Highway to serve the project known as International Business Park. . END OF PUBLIC HEARINGS ff Viii. GROWTH MANAGEMENT ,� ^ U �� a prv✓e. 5 ��- ('eLa►v.n�erdu vH i o iholie� ICS[je5�by LoLaA-n AN�ln-wj . Petition of International Airport Busi ss Park of St. Lucie County, LLC for a second 12-month extension PQQto a previously approved Major Site Plan for the project known as International Airport Business Park �j located at the southwest corner of Cayuga Avenue and St. Lucie Boulevard in the IL (Industrial Light) _ff Zoning District — Draft Resolution No. 09-003 — Consider staff recommendation to approve the extension through the adoption of Draft Resolution No. 09-003. IX. COUNTY ATTORNEY .,A dire] :5Lpp 4.0 Plm wLWf(4kO P,UILED -,PRT©*T+ �G - 1903 Edwards Road, Fort Pierce, FL — Unsightly and Unsanitary Conditions — Consider staff recommendation to authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. XI. ANNOUNCEMENTS 1. The Board of County Commissioners and the City of Fort Pierce will hold a Joint Meeting on Thursday, January 29, 2009 at 9:00 a.m. in the County Commissioners Chambers. 2. MoneyFest is happening Saturday, February 21, 2009 from 9 a.m. — 5 p.m. at the Fenn Center. This is a free event for the public to learn about ways to save, protect themselves from loss and increase their wage earning power. The St. Lucie County Extension office is coordinating this program. For more information, please call 772-462-1660. EROSION DISTRICT www.co.st-lucie.fl.us Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 ii , ....i19�i I. MINUTES Approve meeting minutes from the December 9, 2008 and December 16, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12, 13 & 14 B. PUBLIC WORKS One year contract extensions to provide upland sand sources associated with future post -storm emergency beach and dune restoration needs - Consider staff recommendation for the Erosion District Board to exercise their option for one year contract extensions and approve the attached contract amendments with CKA Associates, Inc. / Patco Contractors, Inc., and Dickerson Florida, Inc., to provide upland sand sources associated with future post -storm emergency beach and dune restoration needs and authorize the Chairman to sign. 2. Amendment No. 5 to Project Amendment No. 06SL1 with the Florida Department of Environmental Protection (C06-06-303) and Work Authorization with Taylor Engineering, Inc. - Consider staff recommendation for the Erosion District Board to approve (1) Amendment No. 5 to Project Agreement 06SL1 (C06-06-303) with the Florida Department of Environmental Protection, (2) Budget Resolution No. 09-001, (3) a Work Authorization with Taylor Engineering, Inc., in the amount of $350,090, as prepared by the County Attorney and (4) the execution of said documents 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: December 16, 2008 Convened: 600 p.m. Adjourned: 8:35 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Doug Coward, Chris Craft absent ill. Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Laurie Case, Utilities Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Peter Jones, Planning Manager, Kristen Tetsworth, Planning Manager, Millie Delgado - Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 9, 2008 meeting. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the minutes of the meeting held December 9, 2008, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. A Presentation was given by Chris Adams, Vice President of Community Impact United Way of St. Lucie County B. A Presentation was given by Chris Adams, President Heathcote Botanical Gardens Board of Trustees C. Annual Christmas Remembrance — Sue Munyan and the 4-H Clubs made their annual Christmas Remembrance Presentation to the Board. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addressed the Board regarding his recommendation to consider a charter form of government. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda as amended, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 11 The Board approved Warrant List No. 11. B. COUNTY ATTORNEY 1. Revocable License Agreement — Dr. & Mrs. Madieh — 2827 S. Indian River Drive — Water line in Indian River Drive right-of-way —The Board approved the Revocable License Agreement, authorized the Chair to sign 12/12/08 F2ABWARR FUND TITLE 001 001176 001180 001184 001188 001190 001193 001404 001419 001434 001436 001500 001501 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 107204 107205 109 115 118 130 140 140001 140133 140135 140334 140335 140352 150 160 183 183001 183004 183006 185007 189201 ST. LUCIE COUNTY - BOARD WARRANT LIST #11- 06-DEC-2008 TO 12-DEC-2008 FUND SUMMARY General Fund FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FTA Sec 5307 - Buses 05/06 FDCA SLC Buildings Wind Retrofit pr 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC Fla Comm for the Disadvantaged Tran INTACT Inspired Network to Achieve FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H 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 Drug Abuse Fund Sheraton Plaza Fund Paradise Park Fund SLC Public Transit MSTU Airport Fund Port Fund Construct Runway 9L/27R/Fence FAA Security Fencing & Runway 9L/27 Const. Apron & Environmental Mitiga Parallel Runway Design-9L/27R Upgrade the Electrical Vault Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY06/07 FHFC Hurricane Housing Recovery Pla EXPENSES 632,853.02 55.06 20.06 111.16 1,482.62 13.71 8,031.02 54,640.00 601.25 248.25 92.70 1,214.21 831.73 7,612.56 82.60 31,928.72 19,154.21 22,457.97 11,477.38 59,143.38 59,146.45 4,468.39 49,672.86 92.01 92.03 28,347.18 2,315.94 403.02 661.58 35.00 649.91 898.20 161.02 39, 893.02 404.63 603,471.13 298,981.17 5,351.66 47,497.48 580.28 120.29 5, 421.36 3,461.83 340.00 638.19 14,509.36 40,000.00 604,714.40 PAGE PAYROLL 608,069.98 737.62 266.21 1,541.60 6,299.15 183.13 0.00 0.00 0.00 1, 019.82 0.00 0.00 2, 661. 91 43,286.41 1,079.79 51,145.53 31,224.13 20,302.00 0.00 89, 833.24 5, 697.00 0.00 175,784.83 1,150.72 1,150.72 0.00 8, 736. 95 1,507.10 2,076.00 0.00 0.00 0.00 2, 176.18 16,670.68 0.00 0.00 0.00 0.00 0.00 0.00 1,597.44 3,415.74 3, 009. 49 0.00 5, 996.24 0.00 0.00 3, 449.12 1 12112,,108 FZABWARR •FUND TITLE 189202 210 310002 316 318 382 396 397 398 401 418 451 458 461 471 478 479 491 505 611 615 625 630 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #11- 06-DEC-2008 TO 12-DEC-2008 FUND SUMMARY My Safe Florida Home Impact Fees I&S Impact Fees -Parks County Capital County Capital -Transportation Bond Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Tax Deed Overbid Agency Fund Agency Fund Bank Fund GRAND TOTAL: EXPENSES 35,059.04 19,782.25 58,828.06 11,800.00 3, 141.18 222.34 4, 497.00 2,248.50 2,248.50 474,441.91 18,061.29 206.19 50.90 53,290.75 1, 442.51 111.50 71.52 6,020.79 305,344.67 4, 851.67 6, 366.72 19,308.47 12,457.83 46.95 309,035.69 4, 013, 316.23 PAGE PAYROLL 2, 975.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 68,660.20 27„100.28 1,771.75 665.11 18,236.04 11,063.94 1,452.52 928.31 37,374.56 6,416.35 0.00 0.00 0.00 0.00 0.00 0.00 1,266,712.99 the Revocable License Agreement and directed Dr. & Mrs. Marjieh to record the document in the public Records of St. Lucie County, Florida. 2. Environmentally Significant Lands — Airport Greenway — Contract for Sale and Purchase — Morning Star Evangelical Lutheran Church — Parcel I.D. No. 1428-602-0054-000-8 — The Board approved the Contract for Sale and Purchase of the Morning Star Evangelical Lutheran Church parcel for $36,000.00, authorized the Chair to execute the Contract and directed staff to close the transaction and record the documents in the public Records of St. Lucie County, Florida. 3. Volo Holdings Fort Pierce, LLC — Consent to Sublease Agreement with Omniflight Helicopters, Inc. —The Board consented to the sublease agreement between Volo Holdings Fort Pierce, LLC and Omniflight Helicopters, Inc., and authorized the Chair to sign the document. B. COUNTY ATTORNEY CONTINUED 4. Quit -Claim Deed — St. Lucie County Fire District — Parcel I.D. No. 1429- 333-0000-000/3 — Resolution No. 08-387 — The Board accepted the Quit - Claim Deed, authorized the Chair to sign Resolution No. 08-387 and directed staff to record the Quit -Claim Deed in the Public Records of St. Lucie County, Florida. 5. St. Lucie County Logistics Center - Facilities Use Agreement with The Salvation Army for 2008 Angel Tree Program — The Board approved the proposed Facilities Use Agreement with The Salvation Army, and authorized the Chairman to sign the Agreement. C. PUBLIC SAFETY 1. Request to approve the agreement with Intrado for the installation of a 911 Data Base Management Network Service in the amount of $200,000 for the new Emergency Operations Center — The Board approved the agreement with Intrado for the 911 Data Base Management Network Service in the amount of $200,000.00 and authorized the Chairman to sign. 2. Request to approve the agreement with AT&T/BellSouth for a Positron - Viper E911 phone system for the 911 Center at the new Emergency Operations Center in the amount $1,026,486.89 — The Board approved the agreements with AT&T/BellSouth for the E911 phone system for the 911 Center in the amount of $1,026,486.89 and authorized the Chairman to sign. Also, approved Budget Amendment # 09-006 and Equipment Request #09-023. D. ENVIRONMENTAL RESOURCES Authorize the extension of South Florida Water Management District/St. Lucie River Issues Team grant to May 2, 2009 for the design and construction of a "Living in a Watershed" exhibit at the Oxbow Eco-Center — The Board approved to extend the SFWMD/St. Lucie River Issues Team Grant to May 2, 2009 for the design and construction of a St. Lucie River "Living in a Watershed" exhibit at the Oxbow Eco-Center, and authorized for the Chairman to sign the amended contract. E. PARKS AND RECREATION 1. Emerson Avenue Sidewalk; Change Order No. 1 to Contract No. C08-09- 505: Sunshine Land Design- Emerson Avenue Sidewalk — The Board approved Change Order No. 1 to Contract No. C08-09-505 with Sunshine Land Design for the Emerson Avenue Sidewalk project in the amount of $4,426 utilizing funding from the FDOT (LAP Agreement) Grant. 2. Piggyback City of Jacksonville's Contract with Gametime/Dominica Recreation Products, Inc. Playground Equipment, Purchase and Install Playground Equipment at Martin Luther King, Jr./Dreamland Park and approve Budget Amendment #09-007 — The Board approved the request to piggyback the City of Jacksonville's contract with Gametime/Dominica Recreation Products, Inc. to purchase and install playground equipment, oil in the amount of $65,307.95; approved Budget Amendment, #09-007 and authorized the Chair to sign the contract as drafted by the County Attorney. F. PUBLIC WORKS 1. Engineering Division - S. 25th Street Roadway Widening Project (Midway Road to Edwards Road) — Amendment No. 14 to the Consultant Agreement with Inwood Consulting — The Board approved Amendment No. 14 to the Consultant Agreement with Inwood Consulting Engineers, in the amount not to exceed $50,000, to provide consulting services for construction issues related to repair and reconstruction of the bridge for the S. 25th Street Roadway Widening Project, and authorized the Chair to sign. F. PUBLIC WORKS CONTINUED 2. Engineering Division - Indian River Estates MSBU Third Amendment to Work Authorization No. 25 with Camp, Dresser, and McKee, Inc. — The Board approved and authorized the Chair to sign the Third Amendment to Work Authorization No. 25 to Contract C00-03-233 with Camp, Dresser, and McKee, Inc., for the reallocation of appropriated funds, to extend the project schedule until March 31, 2009, and to increase the project budget in the amount of $28,166.00 for a total contract amount of $976,644.00. G. GRANTS/DISASTER RECOVERY This agenda item is requesting the board to approve the attached interlocal agreement between St. Lucie County, the City of Port St. Lucie, the Sheriff's Office, the Fire District, and Indian River State College. The agreement is to have Indian River State College provide basic and advanced training to Citizen Emergency Response Team (CERT) volunteers and for St. Lucie County, Port St. Lucie, the Sheriff's Office, and the Fire District to contribute $6,000 each to Indian River State College to coordinate the program. St. Lucie County has received a grant in the amount of $10,000 from the Florida Division of Emergency Management that will also be used to coordinate the program — The Board approved the attached interlocal agreement. H. COMMUNITY SERVICES 1. Request permission to advertise a Request for Qualifications (RFQ) for Architect services to develop and produce construction drawings for the Fort Pierce Intermodal Transfer Facility located at Avenue D and 8th Street — The Board authorized to advertize an RFQ for Architect services for construction design of the Fort Pierce Intermodal Transfer Facility. 2. Request permission to advertise a Request for Proposal for contractual services to purchase and install bus shelters and other related infrastructure — The Board authorized advertising a Request for Proposal (RFP) for procurement of contractual services. 3. Approval of Modification No. 3 to revise the program budget and the scope of work for the St. Lucie County 2005 Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) — The Board approved the Modification No. 3 to revise the program budget and the scope of work for the St. Lucie County 2005 CDBG DRI Grant and authorized the Chair to sign necessary documents. 4. Approve Budget Resolution No. 08-385 to budget funds in the amount of $50,000 from the U.S. Department of Health and Human Services for the Earned Income Tax Credit (EITC) and other Asset Formation grant — The Board approved Budget Resolution No. 08-385 to budget funds in the amount of $50,000 from the U.S. Department of Health and Human Services for the Earned Income Tax Credit (EITC) and other Asset Formation grant. I. CENTRAL SERVICES Elimination of Project Manager position and create a new position: Logistic Center Operations and Record Management Liaison Officer. Approve Position Reclassification REQ#09-001 — The Board approved eliminating the position of a Project Manager and create a new position of Logistic Center Operations and Record Management Liaison Officer. Staff further recommends the Board approve Position Reclassification REQ#09-001. ]. Addition: Creation of an Ad Hock Committee for the St. Lucie County Grand Bahama Island Tourism and Economic Development Partnership- This item was pulled prior to the meeting. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. UTILITIES Ordinance No. 08-013 of the Board of County Commissioners, amending the St. Lucie County Comprehensive Plan by amending the Future Land Use Element; amending the Potable Water Sub -Element; amending the Sanitary Sewer Sub - Element; amending the Conservation Element; amending the Intergovernmental Coordination Element; amending the Capital Improvements Element; adopting the 10-Year Water Supply Facilities Work Plan; and providing for filing with the Florida Department of State; and for transmittal to the Florida Department of Community Affairs pursuant to Section 163.3184, Florida Statutes — Consider staff recommendation to approve the adoption of Ordinance No. 08-013 amending the St. Lucie County Comprehensive Plan by amending the Future Land Use Element; amending the Potable Water Sub -Element; amending the Sanitary Sewer Sub -Element; amending the Conservation Element; amending the Intergovernmental Coordination Element; amending the Capital Improvements Element; adopting the 10-Year Water Supply Facilities Work Plan; and providing for filing with the Florida Department of State; and for transmittal to the Florida Department of Community Affairs pursuant to Section 163.3184, Florida Statutes. Ms. Grimaldi, CDM Consultant for the project, addressed the Board and provided the Objections, recommendations and comments from the Department of Community Affairs and the response from St. Lucie County. Objection 1 — As identified in the South Florida Water Management District's letter dated August 26, 2008, the population projections for the County presented in Tables 1-2, 1-3 And 4-1 of Work Plan is internally inconsistent with the County's Comprehensive Plan, Future Land Use element, the County's Consumptive Use Permit, and the District's Lower East Coat Regional Water Supply Plan. Response 1- The referenced tables have been revised to more closely match the County's Consumptive Use Permit and the SFWMD's Upper East Coast Water Supply Plan, rather than the applicable Upper East Coast Water Supply Plan. It should be noted that the projections included in the consumptive use permit differ Slightly from those published in the Upper East Coast Water Supply Plan, but have been approved by SFWMD based on assumptions provided by the County in the permitting process. Tables 1-2 and 1-3 in the Future Land Use Element differed from one another intentionally, as explained in the Element. Table 1-2 is intended to summarize the entire unincorporated County population including all residents, regardless of which water supply system they are connected to or if they are self -served. Table 1-3 was intended to summarize the projected county's public water supply system customers only, and therefore would not be equal to the projections provided in Table 1-2. Upon review, however, the projections included in Table 1-3 were discovered to be erroneous and have since been corrected. The information previously provided in Table 1-3 is better suited to be presented in the Water and Sanitary Sewer Sub -elements, Rather than in the Future Land Use Element. The information has been inserted in the Appropriate Sub -elements. The revised Water and Sanitary sewer Sub -elements are Presented in Exhibits 3 and 4 to the 10-Year Water Supply Facilities Work Plan has also Been corrected to match these revised projections and those in the consumptive use Permit. A revised version of Table 4-1 is also provided the enclosed updated Work Plan. Objection 2- The proposed amendment does not address the requirements of Section 163.3180(2) (a), [Florida Statutes ] F.S, pertaining to water supply concurrency. 4 Response 2- The County's developer agreement requires the applicant to request a capacity review for water and/or wastewater service prior to issuance of a building permit. This is further enforced through Objective 6.A.1.2 of the Potable Water Sub -element, and the associated policies. The St. Lucie County Development Review Committee (DRC) will review all proposed Developments planned for Unincorporated St. Lucie County. The DRC Chair is to verify in which utility service area the proposed development is planned and verify the water and wastewater concurrency in conjunction with the appropriate Utility prior to recommending issuance of a Development Order. Upon notification that the proposed development is located within the St. Lucie County Utilities service area, the developer is to deliver a set of the proposed utility plans to St Lucie County Utilities for review. Upon completion and approval of the proposed utility plans St. Lucie County Utilities will prepare a "Standard Potable Water and Wastewater Development Agreement" to be signed by the developer and returned to the Utility. Objection 3- The proposed amendment does not include a policy that requires coordination with the SFWMD related to updating the County's Water Supply Facilities Work Plan within 18 months after the SFWMD updates the [Upper] East Coast Regional Water Supply Plan. Response 3- The requested policy has been added to the Potable Water Sub -Element as Objective 6A.3.3, Policy 6A.3.3.1. The revised Potable Water Sub -Element is provided As Exhibit 3 to the 10 Year Water Supply Facilities Work Plan. Objection 4- The County's Work Plan provides a list of water system improvement projects. However, the potable water projects have not been incorporated into the Five Year Schedule of Capital Improvements. Response 4- A five-year fiscal analysis of estimated water and wastewater capital improvement projects has been added to Section 2 of the enclosed 10 Year Water Supply Facilities Work Plan (Exhibit 1). The Capital Improvement Element is also Updated annually and the most recent update was submitted to DCA November 2008. Objection 5- The proposed amendment does not included policies with specific programs and activities to ensure ongoing coordination with the Fort Pierce Utility Authority [FPUA] on water supply issues. Response 5- The County participates in quarterly meetings with the Treasure Coast Regional Utilities Organization, which provides for intergovernmental coordination Between utilities including FPUA. Additionally, the County conducts a minimum of at least two annual coordination meetings with FPUA (typically more) to discuss the bulk the water agreement status which includes on -going capital projects. The County revised five year projections annually and provides the update to FPUA at the end of each October. These meetings achieve the recommended actions provided in the ORC report, with The exception of implementing alternative water supply projects and establishing level of Service. FPUA does not provide reclaimed water to or purchase reclaimed water from the County. Both utilities have established conservation measures. The level of service for each utility is adopted through their respective Master Plans. A policy formalizing these actions has been incorporated into the Intergovernmental Coordination Element of the Comprehensive Plan as Policy 10.1.3.6. The modified pages Of the Intergovernmental Coordination Element of the Comprehensive Plan are provided In Exhibit 6 attached to the 10-Year Water Supply Facilities Work Plan. Mr. Craig Mundt, North Beach Association, addressed the Board and expressed his concerns with the possible expansion of the North Hutchinson Island Plant. He challenges the report and stated the study misses by several hundred the number of hook-ups. They were hoping to move the waste off of the island. In taking a poll there are very few residents who wish to go on to having sewer. They have hired an independent engineering firm with different ideas regarding the utility authority, Ms. Andrews North Beach resident, addressed the Board and stated the Coastal Management Element of the Comp Plan seems to be inconsistent with the element in Chapter 6. 5 Ms. Andrews asked if the plant cost would funded by public funds. The County Attorney stated the policy she referenced has been in the plan since 1989. An executive order was issued by Governor Graham in 1981. He believes there are conflicting policies in the plan and proceeded to advise those present of how they normally fund utility expansions. He stated normally they get developer contributions however they can use special assessments. They normally bond the project and then it is secured by pledge of development revenues. With regards to grants this could be problematic if these were direct grants. He believes the policy should be clarified moving forward. He has asked the Growth Management Director and the Planning Manager to contact the Department of Community Affairs this afternoon. Com. Grande stated he felt they are getting to the point where they should consider whether or not to use the projected growth number. The conclusion is that they will continue to grow at an amazing rate for a long time. He recommended thinking whether they wish to face the state with the concept that as a county would like to grow to the capacity they designated for themselves. Com. Coward stated he believed they still had some inconsistencies on what is in this document and discussions the Board has had on road projects and utilities. Some of these pending projects in the documents, the Board has not made any final decisions on. Com. Dzadovsky stated they still had other issues relating to funding and it was going to be difficult to find however they still need to protect the lagoon. He also wanted to confirm that he was encouraging the Board to look towards regionalization. Com. Coward asked what projections were being used. Ms. Grimaldi advised the Board they were using the medium projections. The Planning Manager stated they had been using high projections. It was moved by Com. Grande, seconded by Com. Dzadovsky to approve Ordinance No. 08-013, and; upon roll call, motion carried unanimously. B. GROWTH MANAGEMENT Ordinance No. 08-014 of the St. Lucie County Board of County Commissioners adopting the Public School Facility Element as part of the St. Lucie County Comprehensive Plan — Consider staff recommendation to adopt Ordinance No. 08-014. The Planning Manager addressed the Board on this item and advised the Board they have addressed all comments received from the DCA. It was moved by Com. Coward, seconded by Com. Grande to approve Ordinance No. 08- 014, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS VIII. COMMUNITY SERVICES Adoption of the St. Lucie County Affordable Housing Advisory Committee 2008 incentive & Recommendation Report compiled by the Affordable Housing Advisory Committee - Consider staff recommendation to approve Resolution No. 08-388 adopting the St. Lucie County Affordable Housing Advisory Committee's 2008 Incentive & Recommendation Report. The Housing Coordinator addressed the Board on this item. Com. Grande stated he would have difficulty supporting this item (A) . He felt it was not to anyone's advantage to accelerate the process and there should be some level of scrutiny maintained. The Planning Manager stated he believes there was no intent of reducing the scrutiny. 9 Com. Dzadovsky asked if there was any indication that they would be given additional density. He has some concerns about this and believes they may be seeing multiple plans come forward with increased density requirements. The Planning Manager stated this would require further research, review and language and these are ideas and recommendations of means to move forward. This would not constitute immediate consideration in density. Com. Dzadovsky stated he wished to have the record state he would not support increases in density other than what would already be provided. Com. Coward stated he interpreted it as the density would be allowed to be increased but only within the realm of the land use category that would permit it. Com. Grande stated he believes there would still be impacts and cannot see how impact fees would be deferred or waived. He recommended coming up with other alternatives. The Housing Coordinator stated they discussed the idea of the deferrals of fees and alternatives due to the fact that after speaking with the Asst. County Attorney they were informed they could not waive the fees. Com. Dzadovsky addressed possible giving credits for green technology. Com. Coward stated he is not excited about waiving impact fees and would support looking for alternatives. However he does support utilizing green technology. He believes they need to eliminate the language on impact fees and believes growth should pay for itself. The Coordinator addressed the flexibility for affordable housing. Com. Grande stated he would like to see the recommendation extended and possibly add inclusionary zoning. Com. Coward stated he would like to see the aspect of Growth Management somewhere in the document. Com. Lewis stated she was going to reverse her original determination and would prefer to see what action is to be taken on each item. Com. Coward recommended giving consideration to Com. Craft who is not present tonight. The Housing Coordinator stated she could contact the state and see if they can submit the report a week later due to the absence of one Commissioner at this meeting. Com. Lewis stated if they are able to get an extension they would then take it from there. The Housing Coordinator recommended taking time to speak with each Commissioner regarding each issue. No action taken at this time. IX. GROWTH MANAGEMENT Petition of Nick Bishop for a Major Adjustment to a Major Site Plan, known as Treasure Coast Lexus, to add 0.802 acres of additional land area for inventory parking for an existing 87,287 sq. ft. car dealership on 11.57 acres, known as Treasure Coast Lexus. Draft Resolution No. 08-231. (File No.: SPMJ 620081487) — Consider staff recommendation to adopt Draft Resolution No. 08-231, granting a Major Adjustment to add 0.802 acres of land area for additional inventory parking, for a total of 12.37 acres of land, to the Major Site Plan for Treasure Coast Lexus subject to 5 limiting conditions, in addition to those contained in Resolution No. 07-131 which are still in full force and effect. The applicant requested the condition regarding the sidewalk be removed due to the fact the FDOT has already constructed the sidewalk. It was moved by Com. Coward, seconded by Com. Dzadovsky to approve staff recommendation as amended, and; upon roll call, motion carried unanimously. 7 X. ADDITION TO THE AGENDA FEDERAL ECONOMIC STIMULUS PACKAGE- CONSIDER STAFF RECOMMENDATION TO SUBMIT THE FEDERAL ECONOMIC STIMULUS PACKAGE TO THE COUNTY'S FEDERAL DELEGATION AND PRESIDET ELECT OBAMA'S TRANSITION TEAM. The County Administrator reviewed the package to be presented. It was moved by Com. Grande, seconded by Com. Coward to approve the Federal Economic Stimulus package as presented, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. CHAIRMAN CLERK OF THE CIRCUIT COURT 12/19/08 FZABWARR FUND TITLE 001 001180 001188 001194 001404 001419 001501 001505 101 101002 101003 101004 101006 102 102001 102808 102810 105 107 107002 107003 107005 107006 107204 107205 107206 113 114 116 117 119 121 123 127 128 136 138 140 140135 140335 160 183 183001 183004 183006 184209 184211 184212 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 13-DEC-2008 TO 19-DEC-2008 FUND SUMMARY General Fund US Dept Housing HUD Shelter Plus Gr Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community 05 CDBG Sup Disaster Recovery FDCA-Construct County EOC CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU SFWMD-Wht City Canal Stormwater Imp White City Drainage Imp -Citrus & Sa Library Special Grants Fund Fine & Forfeiture Fund 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 FDCF Criminal Justice, Mental Healt 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 Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund FAA Security Fencing & Runway 9L/27 Parallel Runway Design-9L/27R Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP - Fort Pierce Shore Protection FDEP South SLC Beach Restoration Fort Pierce IMP Implementation EXPENSES 200,154.23 5,205.00 3,162.90 3,246.00 455.00 1,534.25 443.22 1,338.84 64,187.06 42,225.54 63,746.50 3,018.45 1,347.00 3,385.57 43,329.93 3,435.00 9,250.00 184.00 179, 157.57 13,960.80 4,734.28 8, 627.75 43,750.43 452.79 700.78 100.00 248.02 539.59 604.62 150.43 952.11 99.36 385.47 390.98 527.27 1,536.99 269.78 3, 496.87 3,317.29 174.59 845.21 9, 716.34 380.00 274.31 782.12 9, 955.20 8,334.44 16,888.58 PAGE PAYROLL 30,303.97 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 12/19/08 FZABWARR FUND TITLE 184213 185007 185009 185010 189201 189202 316 316001 318 318101 401 418 451 461 471 479 491 505 505001 615 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 13-DEC-2008 TO 19-DEC-2008 FUND SUMMARY FDEP S SLC Dune Restoration FHFA SHIP FY06/07 FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 FHFC Hurricane Housing Recovery Pla My Safe Florida Home County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Ave J Pedestrian Bridge 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 Property/Casualty Insurance Fund Impact Fees Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 381.24 10,093.15 30,000.00 55,104.25 75,209.25 22,921.13 447,395.66 454,360.20 7, 681.23 383.00 1,124,242.07 4,325.44 48,744.54 49, 658.72 1,454.04 652,022.44 513.07 318,117.01 39,191.03 10,318.27 5,801.25 52,250.00 29, 181.65 4,200,351.10 PAGE 2 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 30,303.97 12/24/08 FZABWARR FUND TITLE 001 001176 001180 001184 001188 001424 001434 001500 001501 101 101001 101002 101003 101004 101006 102 102001 103 107 107001 107002 107006 107204 107205 111 112 113 114 115 116 117 118 119 120 121 122 123 126 129 130 136 138 139 140 140001 140306 150 160 ST. LUCIE COUNTY - BOARD WARRANT LIST #13- 20-DEC-2008 TO 24-DEC-2008 FUND SUMMARY General Fund FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 Dept of Financial Services My Safe Fla Comm for the Disadvantaged Tran FDEM Emergency Mgmt Performance CSBG 2008-2009 Dept of Health and H Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund DOT -New N. Entrance Port Ft. Pierce Impact Fee Collections Plan Maintenance RAD Fund EXPENSES 4,246,776.38 104.58 20.15 112.59 457.23 12.07 67.50 662.67 462.26 8,286.34 76.93 11,636.89 2,252.10 2,223.98 47,048.68 18,480.40 12,236.18 8,756.72 2,367,722.99 84.70 84.72 1,890.30 210.57 158.82 93.28 20.27 9.52 17.36 18.96 23.27 7.64 31.29 34.11 9.38 6.18 39.83 12.00 7.69 15,551.18 5,762.10 58.90 12.99 29.34 4,157.57 151.07 23,778.01 114.99 246.40 PAGE PAYROLL 570,245.79 1,405.99 266.24 1,541.60 6,165.00 0.00 909.58 0.00 3,064.30 41,517.60 1,005.56 46, 927.59 29, 930.21 18,252.82 0.00 84,369.89 5,425.38 0.00 144,895.77 1,113.60 1,113.60 8,736.95 1,507.10 2,076.00 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 2, 176.18 0.00 0.00 0.00 14,793.84 0.00 0.00 1,523.20 3,267.27 12/24/08 FZABWARR FUND TITLE 183 183001 183004 183006 184205 185009 189201 189202 242 282 318101 39007 401 418 451 458 461 471 478 479 491 505 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #13- 20-DEC-2008 TO 24-DEC-2008 FUND SUMMARY Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla My Safe Florida Home Port I&S Fund Environmental Land I&S Fund Ave J Pedestrian Bridge 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 Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 3, 672.38 125.39 656.38 618.01 2,330.94 40,000.00 1, 626.84 8,314.33 976.27 5,261.19 173,685.36 5,498.55 27,402.10 27,242.72 157,745.08 35.89 17,560.73 222,820.01 89.82 63.75 2,610.72 404.66 4,000.00 366.91 264,950.17 7,748,077.28 PAGE 2 PAYROLL 3, 009.49 0.00 5, 996.24 0.00 0.00 0.00 1,734 .40 2,975.20 0.00 0.00 0.00 0.00 125,144.69 24,102.79 1,584.44 481.05 18,278.99 11,590.02 1,202.92 848.73 34,767.22 3,889.66 0.00 0.00 0.00 1,227,836.90 O1/05/09 FZABWARR FUND TITLE 001 001419 001501 101 101002 101003 101004 102 102001 104003 107 107006 107205 109 111 112 115 118 120 122 126 129 130 139 140 140135 140334 140335 140353 170 183 183001 183004 185010 189201 189202 216 242 310003 316 317 318 401 418 451 461 471 478 ST. LUCIE COUNTY - BOARD WARRANT LIST #14- 25-DEC-2008 TO 05-JAN-2009 FUND SUMMARY General Fund FDCA-Construct County EOC CSBG 2008-2009 Dept of Health and H Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Fine & Forfeiture Fund F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev Drug Abuse Fund River Park I Fund River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU Palm Grove Fund Airport Fund FAA Security Fencing & Runway 9L/27 Const. Apron & Environmental Mitiga Parallel Runway Design-9L/27R Taylor Creek New Spoil Site Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2008/2009 FHFC Hurricane Housing Recovery Pla My Safe Florida Home County Capital I&S Port I&S Fund Impact Fees -Public Buildings County Capital County Capital -St Revenue Share Bnd County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace EXPENSES 2,381,017.76 12,667.04 8, 939.61 14,605.00 11,478.39 4,011.71 7,713.66 173.29 410,471.67 765.00 3,687,233.88 1,244.80 1,124.04 35.00 2,951.39 623.27 649.91 898.20 187.14 1,084.84 128.59 4,976.00 152,095.70 784.83 1,107.83 71,637.66 3,303.30 3,770.41 38,237.00 56,848.59 9,886.96 620.00 88.53 40,000.00 1,176.98 3,015.75 15,520.24 240,288.76 5,930.37 83,025.00 70,677.74 106,220.24 33,438.16 13,474.91 15,760.85 4,219.08 258,669.96 1,718.43 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O1/05/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #14- 25-DEC-2008 TO 05-JAN-2009 FUND SUMMARY FUND TITLE EXPENSES 491 Building Code Fund 619.38 505 Health Insurance Fund 479,300.21 505001 Property/Casualty Insurance Fund 73,870.13 611 Tourist Development Trust-Adv Fund 21,931.60 801 Bank Fund 29,315.01 PAGE PAYROLL 0.00 2,378.20 0.00 0.00 0.00 GRAND TOTAL: 8,389,533.80 2,378.20 AGENDA R e tau �Ty TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-1 DATE: January 6, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Logistics Center - Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc. for 2009 Girl Scout Cookie Distribution BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc. and authorize the Chair to sign the Agreement. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney• Daniel S. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) CONCURRENCE - Do uglasIV) Anderson County Administrator Review and Approvals Management & Budget Purchasing: Central Services Di w" County Eng.:. Eff. 5/96 L3 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO.: 08-1887 DATE: December 15, 2008 SUBJECT: Logistics Center - Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc., 2009 Girl Scout Cookie Distribution BACKGROUND: Attached to this memorandum is a copy of proposed Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc. for the Logistics Center: The Agreement provides for the use of the parking lot for redistribution of Girl Scout cookies for four days in January and February, 2009. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Facilities Use Agreement with Girl Scouts of Southeast Florida, Inc. and authorize the Chair to sign the Agreement. Respectfully submitted, Heather Young Assistant County Attorney HY/caf Attachment FACILITIES USE AGREEMENT rliF� THIS AGREEMENT made and entered into on this - day of !--r-a 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and GIRL SCOUTS OF SOUTHEAST FLORIDA, INC., hereinafter referred to as "Girl Scouts." WITNESSETH: WHEREAS, the County owns a facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, the Girl Scouts desire to use the Facility parking lot on a temporary basis for the redelivery of Girl Scout cookies; and, WHEREAS, the County is willing to enter into this agreement with the Girl Scouts to permit it to temporarily use the facility parking lot for redelivery. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that the Facility is located at 3855 5. U.S. Highway 1, Fort Pierce, Florida, and shall consist of the parking lot. 2. USE OF FACILITY The Girl Scouts shall use the Facility to redistribute Girl Scout cookies in locations acceptable to the County. The Girl Scouts' use of the property shall not be exclusive and such use of the property shall not preclude all County staff access to the Property. 5Aatty\agreemnt\fac-use\gir1.scouts.09.wpd -1- 3. TERM/TERMINATION The term of this Agreement shall be January 27, 2009, January 30, 2009, February 2, 2009, and February 5, 2009. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. 4. PROJECT MANAGER The Project Manager for the County is Roger A. Shinn at (772) 462-1432. The Project Manager for the Girl Scouts is Chrissy Dixon at (561) 528-0457. 5. PERSONNEL The Girl Scouts represent that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Girl Scouts shall not be employees of or have any contractual relationship with the County. 6. INDEMNIFICATION AGAINST CLAIMS The Girl Scouts are and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. To the extent of the insurance coverage set forth in Paragraph 10 below, the Girl Scouts shall and will indemnify and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Facility by the Girl Scouts or their agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Girl Scouts or their agents, servants, employees,_ customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from injury to person or property, or loss of life or property of any kind or nature 5:\atty\a9reemnt\fac-use\9irl.scouts.09.wpd -2- whatsoever sustained during the term of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). The Girl Scouts further agree to undertake at their own expense the defense of any action brought against the County claiming damages arising out of, in connection with, or by reason of the Girl Scouts' use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence or acts of the County, the County agrees to reimburse the Girl Scouts for the actual expenses incurred by the Girl Scouts in defending the County. The County agrees to cooperate in any defense by the Girl Scouts. 7. NO LIEN CREATED The Girl Scouts covenant and agree that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with the Girl Scouts or furnishing materials or labor to the Girl Scouts, or to its agents or servants, as well as all persons whomsoever, shall be bound by the provisions of the Agreement. 8. OPERATING COSTS The Girl Scouts agree promptly to pay when due all of its operating, maintenance and servicing charges and costs, excluding utilities other than telephone, incurred in the use and operation of the Facility. 9. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the Girl Scouts' sole direction, supervision and control. The Girl Scouts shall S: \atty\agreemnt\fac-use\girl.scouts,09.wpd -3- exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Girl Scouts' relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Girl Scouts shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 10. INSURANCE The Girl Scouts shall procure and maintain, at its own cost and expense, the following forms of insurance coverage or the equivalent thereof which shall name St. Lucie County as an "Additional Insured" and said copy of insurance shall be submitted to the County. Public Liability Coverage insurance coverage, Comprehensive General Liability including contractual liability covering the indemnification provision agreement contained in this Agreement. Coverage shall provide a combined minimum limit of One Million and 0/100 Dollars ($1,000,000.00) per occurrence/$2,000,000.00 general aggregate. Vehicle Liability insurance coverage shall be provided at a single limit of $1,000,00.00 for bodily injury and property damage. Workers' Compensation insurance in accordance with the laws with the State of Florida is required. If the Girl Scouts are exempt, documentation shall be provided by Girls Scouts upon execution of this Agreement. Not less than fifteen (15) days prior to any use of the premises by the Girl Scouts, the Girl Scouts shall file with the Project Manager evidence of the required insurance by way of a Certificate of Insurance which shall be subject to the County's Risk Manager as to form, adequacy and documentation of insurance coverage. The forms and amounts of coverage shall be clearly expressed on said Certificate of Insurance. The filing of said Certificate shall constitute the Girl Scout's representation that the insurance coverage evidenced by the Certificate complies with the requirements of this Agreement. 5Aatty\a9reemnt\fac-use\9ir1.scouts.09.wpd -4- The County may adjust listed coverage rates at the sole discretion of the County's Project Manager or designee if the Project Manager believes it to be in the best interest of the County. 11. REPAIRS AND MAINTENANCE The County agrees at its expense to make all routine repairs to the Facility, including structural, air conditioning, electrical, plumbing, sewer conditions, and all other repairs that may be required to be made. The Girl Scouts at their expense agrees to deliver to the County upon the termination of this Agreement, the Facility in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. Any structural changes proposed by the Girl Scouts require prior County approval. Girl Scouts shall return the space used to its original condition upon termination of this Agreement. The Girl Scouts shall keep the Facility at all times in a clean and orderly condition and appearance and all of the Girl Scouts' fixtures, equipment and personal property which are located on any part of the facility which are open or visible to the general public shall likewise be so kept and maintained. In the event that the Girl Scouts fail in any material respect to so clean the Facility within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, at its option, and in addition to any other remedies which may be available to it, clean all or any part of the Facility included in such notice, and cost shall be payable by the Girl Scouts immediately upon demand of the County. 12. ADDITIONAL COVENANTS OF GIRL SCOUTS The Girl Scouts shall use and occupy the Facility solely for the purpose specified in Paragraph 2 of this Agreement. 13. NON-DISCRIMINATION The Girl Scouts for themselves, successors in interest, and assigns, as a part of 5: \atty\agreemnt\fac-use\9irl.scouts.09.wpd -5- the consideration hereof, do hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 14. CONFLICT OF INTEREST The Girl Scouts hereby represent and warrant that neither it nor any of its directors, officers, members, partners or employees have any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Girl Scouts further represent and warrant that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 15. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 16. ENTIRE AGREEMENT This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 5:\atty\a9reemnt\fac-use\9ir1.scouts.09.wpd I M. 17. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 18. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 19. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 20. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: 5: \atty\a9reemnt\fac-use\9irl.scouts.09.wpd -7- AS TO ST. LUCIE COUNTY St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO THE GIRL SCOUTS: Product Sale Manager Girl Scouts of Southeast Florida, Inc. 1224 West Indiantown Road Jupiter, Florida 33458 WITH A COPY TO: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommuniated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 21. HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 5:\atty\agreemnt\fac-use\9ir1.scouts.09.wpd 22. PRONOUNS In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. 23. SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 24. WAIVERS The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 25. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida 5Aatty\a9reemnt\fac-use\9ir1.scouts.09.wpd no for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2008. ATTEST: BY: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman k�o- i7w u5 Lt,5 5: \atty\agreemnt\fac-use\gi r1.scouts.09.wpd APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney GIRL SCOUTS OF SOUTHEAST FLORIDA, INC. BY: J ►✓�I i�� ic��-- F�°esi�tent (j b>✓�.�; � ,��ir,�11 }'� (seal) SM AGENDA ' A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: January 6, 2008 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young '') Assistant County Attorney SUBJECT: Humane Society of St. Lucie County, Inc. - Third Amendment to October 1, 2006 Agreement BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Third Amendment to the October 1, 2006 Agreement with Humane Society of St. Lucie County, Inc., and authorize the Chair to sign the Third Amendment. COMMISSION ACTION: [ej APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: {.F1 Douglas Anderson �I,JJ County Administrator Review and Approvals County Attorney: �J Management & Budge Purchasing: _ Daniel S. McIntyre Originating Dept, Public Safety County Eng.: Finance: (Check for copy only, if applicable) 0 Eff. 5/96 C6NTY F �Lv R I D A= INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO.: 08-1888 DATE: December 15, 2008 SUBJECT: Humane Society of St. Lucie County, Inc. - Third Amendment to October 1, 2006 Agreement BACKGROUND: Attached to this memorandum is the proposed Third Amendment to the October 1, 2006 Agreement between the County and Humane Society of St. Lucie County, Inc. The amendment provides for the County to compensate the Humane Society for cremation and disposal of wildlife and large animal carcasses delivered to the Humane Society by County staff at the rate of twelve and 00/100 dollars ($12.00) per carcass. The amendment will be retroactive to October 1, 2008. RECOMMENDATION/CONCLUSION : Staff recommends the Board of County Commissioners approve the proposed Third Amendment to the October 1, 2006 Agreement with Humane Society of St. Lucie County, Inc. and authorize the Chair to sign the Third Amendment. Respectfully submitted, "'k, d7 Heather Young Assistant County Attorney HY/cof Attachment Em THIRD AMENDMENT TO OCTOBER 1, 2006 AGREEMENT THIS THIRD AMENDMENT is dated this day of 2008, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County," and HUMANE SOCIETY OF ST. LUCIE COUNTY, INC., hereinafter referred to as the "Humane Society." WHEREAS, on October 1, 2006, the County and the Humane Society entered into an agreement, hereinafter referred to as the "Agreement," whereby the Humane Society agreed to provided facilities for the impoundment of animals picked up by the County Animal Control Division as well as stray or unwanted animals turned in by the citizens of the County; and, WHEREAS, on May 8, 2008, the parties entered into a First Amendment to the Agreement in which the Humane Society agreed to provide low cost spay and neuter services through its veterinary clinic; and, WHEREAS, on August 12, 2008, the parties entered into a Second Amendment to the Agreement which extended the term of the Agreement through and including September 30, 2009, and deleted Paragraph 10 which provided for an increase in the cost per animal; and, WHEREAS, the Humane Society has been providing cremation services for wildlife and large animal carcasses delivered to the Humane Society by County staff for disposal; and, WHEREAS, the parties desire to retroactively amend the Agreement to provide for payment to the Humane Society for cremation of wildlife and large animal carcasses. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 6 is hereby amended to add Subparagraph 6.e to read as follows: 6. e) For and in consideration of services performed by the Humane Society in accordance with this Agreement, the County shall compensate the Humane Society in the amount of twelve and 00/100 dollars ($12.00) for the cremation and disposal of cremains of wildlife and large animal carcasses delivered to the Humane Society by County staff. 2. This Third Amendment shall take effect retroactively on October 1, 2008. 3. All other terms and conditions of the Agreement, as previously amended, shall remain in fill force and effect. 1 N IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the date first above written. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY ATTEST: HUMANE SOC T OF ST. LUCIE COUNTY, I SECRE - Y PRESIDENT g:\atty\agreemnt\humane.3 a. doc (SEAL) 2 AGENDA REQUEST ITEM NO. VI -133 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Midway Road Right -of -Way North St. Lucie River Water Control District Adjacent to property formerly owned by International Alzheimer's Foundation Trust, Inc. Resolution No. 09-013 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board accept the Fee Simple Deed, authorize the Chair to sign Resolution No. 09-013 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: >4 APPROVED [ ] DENIED [ ]OTHER Approved 5-0 ) Douglas M. Anderson County Administrator [x] tunty Attorney: ll Daniel McIntyre [x] Originating Dept: S?NAi- JoAnn Riley Review and Approvals [ ] Road and Bridge: [ ] Mosquito Control: [ ]Public Works: [ ] Engineering: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January 6, 2009 SUBJECT: Midway Road Right -of -Way North St. Lucie River Water Control District Adjacent to property formerly owned by International Alzheimer's Foundation Trust, Inc. Resolution No. 09-013 BACKGROUND: Attached you will find copies of letters staff received from Frank H. Fee, III regarding North St. Lucie River Water Control District Canal 103. County staff has determined that accepting the Fee Simple Deed would be beneficial to St. Lucie County. We will utilize the area described in the Deed during the widening of Midway Road from South 251h Street to the Florida Turnpike. RECOMMENDATION: Staff recommends that the Board accept the Fee Simple Deed, authorize the Chair to sign Resolution No. 09-013 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, 'J�Ann Riley Property Acquisition Manager FEE, DeROSS & FEE ATTORNEYS AT LAW In Affiliation o/Prolessioncd.fssociations - 401 SOUTH INDIAN RIVER DRIVE FORT PIERCE, FLORIDA 34950 FRANK H. FEE, HI FRED FEE(1888-1939) FRANK H. FEE, W FRANK FEE (1913-1983) of FEE & FEE, P.A. SINCE 1905 TELEPHONE JOSEPH J. DeROSS, JR, (772) 461-5020 of JOSEPH .I. DeROSS, J R., P.A. TELECOPIER (772)468-8461 December 8, 2008 Ms. JoAnn Riley Property Acquisition Agent St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Ms. Janet LiCausi Property Acquisition Agent St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Midway Road right-of-way adjacent to property formerly owned by International Alzheimer's Foundation Trust, Inc. ("Trust") Ladies: As promised, I am pleased to enclose an original fee simple deed from the North St. Lucie River Water Control District to St. Lucie County. The deed describes with particularity the area shown on the Property Appraiser's map as drainage right-of-way owned by the District, Let me reiterate the information contained in my letter of November 17th, 2008. A fee simple deed contains no warranties of ownership, right to convey or against encumbrances. It has the benefit of an affirmative grant, but otherwise makes no representation as to what is being granted. As I indicated earlier, the official map of the District shows no right-of-way owned by the District adjacent to the Alzheimer's parcel. Nevertheless, the existence on the record of the enclosed fee simple deed should benefit the County in its Midway Road expansion plans. Don't hesitate to call if there are any questions, Yours very truly, Frank H. Fee, III FHF/csm enclosure: Original Fee Simple Deed FEE, DeROSS & FEE ATTORNEYS AT LAW ln.lffiliaiton ofProjessional.-lssoc000ns 401 SOUTH INDIAN RIVER DRIVE FORT PIERCE, FLORIDA 34950 FRANK FI FEE, 111 FRED FEE (1988-1939) FRANC; If, FEE, IV FRANK FEE(1913-i983) of FEE & FEE, P.A. SINCE 1905 rELFTHONE IOSEPH J. DeROSS, 1R. (772) 461-5020 of JOSEPII J. DeROSS, JR., P.A. TELECOPIER (772)468-8461 November 17, 2008 Ms. JoAnn Riley Property Acquisition Agent St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Ms. Janet LiCausi Property Acquisition Agent St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Ladies: Re: Midway Road right-of-way adjacent to property formerly owned by International Alzheimer's Foundation Trust, Inc. ("Trust") 1 wanted to write to both of you, as I think you have each contacted me regarding the above. in pDp representative the --b� a Tr ic+ sought �� I ,,-,,, a repr e��� „u,� �„ of . , :,? quit_claim deed from the North St. Lucie River Water Control District ("District'). The quit -claim deed was extended using the description which appeared in the deed to the Trust. The deed was given because the official map of the District showed no right-of-way for Canal 103 owned by the District at the location. The District has engaged Treasure Coast Title to do a title search in respect of a number of right-of-way areas for purposes of an updated map. Right-of-way for Canal 103 in the area of the Trust is being specifically researched but the findings are not yet in hand. A peculiar situation now exists similar to the one JoAnn and I worked with for 25`r Street adjacent to Isola Bella Drive. Prior to the District giving its quit -claim deed to the Trust, the Trust had given its mortgage to a Key West bank ("Bank") by description which lessed out "rights -of -way for public roads and drainage canals". The property was foreclosed upon by the Bank. The Ms. JoAnn Riley Ms. Janet LiCausi November 17, 2008 Page 2 mortgage description was used in the foreclosure process which had the effect of a completed foreclosure on all of the Trust's property, exclusive of public roads and drainage rights -of -way. The Bank obtained title by Clerk's Certificate in 2002. The lender then conveyed by quit -claim deed to the Florida Center for Recovery, Inc., that now has the title. The deed to the present titleholder lessed out rights -of -way for public roads and drainage canals. If the present title search demonstrates no part of Canal 103 is situate opposite the Trust property, the District deed to the Trust is harmless. If the case is otherwise, at best, the Trust may have a claim to the Canal right-of-way only adjacent to Midway Road. However, the Trust has been dissolved and is no longer a viable corporation. The present titleholder has no claim to the right-of- way because it was excluded from that titleholder's conveyance from the Bank. I am preparing a corrective fee simple deed from the District to the County supplementing the fee simple deed that was given on July 27, 2006, that conveyed numerous portions of Canal 103 adjacent to Midway Road. The description will be to the "South 88 feet of the North 103 feet of Lot 100, White City Subdivision, etc." It will include no exception for conveyance to the Trust. There is no harm to the District as the corrective fee simple deed contains no warranties of title. However, the grant over time will have a curative effect. I hesitate to suggest that effort be made to get in contact with anyone formerly involved with the Trust. I think any claim would amount to a nuisance only, and I don't see a claim being advanced. if you disagree, Attorney C. Edward Porch of Stuart appears to have been involved as Attorney for the Trust at the time it owned and mortgaged the property. Let me have your comments when convenient. I will move along to obtain the corrective fee simple deed as to the portion of Lot 100, less and except rights -of -way for Midway. Yours very truly, Frank H. Fee, III FHF:cs P. S.: In searching the titles, Nancye at Treasure Coast Title was unable to find recorded the earlier Fee Simple Deed to the County of the many other portions of Canal 103. You might want to check this, as I would think the County needs to have it recorded. FHF,Ill PREPARED BY/RETURN TC: FRANK H. FEE, III, ESQ. FEE, DeROSS & FEE 500 Virginia Ave., Suite 200, Fort Pierce, FL 34982 Return to: FEE SIMPLE DEED THIS DEED, executed this day of i�C 2008,by NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT, a quasi -public corporation organized and existing under the general drainage laws of the State of Florida hereinafter called the Grantor, to ST. LUCIE COUNTY, a political subdivision of the State of Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That the said Grantor, for and in consideration of the sum of $10.00 in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee forever, all that certain land, whether owned in fee or as right-of-way by Grantor, situate, lying and being in the County of St. Lucie County, State of Florida, to -wit: The South 88 feet of the North 103 feet of Lot 100, WHITE CITY SUBDIVISION, Section 5, Township 36 South, Range 40 East, according to the Plat thereof recorded in Plat Book 1, Page 23, of the Public Records of St. Lucie County, Florida, LESS AND EXCEPTING THEREFROM, rights -of -way for Midway Road. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above ,mitten. Signed, Sealed and Delivered in the Presence of: � 1� T (Print Name = - i= I' 1 � F' r t r, Witness (Print Name) NORTH ST. LUCIE RIVER WATER CONTR,,RL DISTRICT Steven D Cassens Presirrllc,r,P Board of Supervisors Address: 14666 Oranbe Avenue Fort Pierce, FL 34945 STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this `)4.n day of 7C rn iic'e- 2008, by STEVEN D. CASSENS, as President of the Board of Supervisors of NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT, who is personally known to me and who did not take an oath. Notary Public My Commission Ex)s�res: My Commission Number: .�,;;� •. • PATRICIA KUTA +p NOTARY PUBLIC • STATE OF FLOMM COMMISSION # DD592821 • :�o►r�� � EXPIRES 9/7/2010 ��"��� BONDED THRU 1-68&NOTARYI Florida, that: RESOLUTION NO. 09-013 A RESOLUTION ACCEPTING A FEE SIMPLE DEED FROM NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT FOR THE MIDWAY ROAD WIDENING ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing FEE SIMPLE DEED FROM NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT FOR THE MIDWAY ROAD WIDENING is duly accepted on behalf of St. Lucie County this 6th day of JANUARY, 2009. ATTEST# Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY. County Attorney S:\ACQ\WP\Janet\Midway Road\Alzheimer's Canal 103\Resolution 09-013.wpd AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Airport West Commerce Park 20' Drainage Easement ITEM NO. VI-134 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: Jo Ann Riley Property Acquisition Manager BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Drainage Easement, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: c - Douglas Anderson County Administrator Review and Approvals [XX] County Attorney: [XX] Airport Director: County Engineer: Dan McIntyre [XX] Originating Dept.: TrA� [ ] Road & Bridge: [ ] Parks & Recreation: JoAnn Riley Finance: (Check for Copy only, if applicable) Eff. 5/96 5:\ACQ\WP\JoAnn\Airport\Airport West Commerce Park\Agenda Request for 20' Drainage Easement.wpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Jo Ann Riley, Property Acquisition Manager DATE: January 6, 2009 SUBJECT: Airport West Commerce Park 10' Drainage Easement BACKGROUND: A condition of approval of the Fort Pierce Farms Water Control District permit for the Airport West Commerce Park is the County must dedicate a Drainage Easement to the public. Fort Pierce Farms Water Control District believes that we removed some historical drainage structures during the installation of the infrastructure at the Airport West Commerce Park. Fort Pierce Farms Water Control District has tied the permit of the Airport West Commerce Park to the new runway expansion project, which is affecting the construction of the runway. RECOMMENDATION: Staff recommends that the Board approve the Drainage Easement, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, +,JAnn Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\Airport\Airport West Commerce Park\Agenda Memo for 20' Drainage Easement.wpd This instrument prepared by: JoAnn Riley under the direction of Daniel 5. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT NAME: Airport West Commerce Park DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, ST. LUCIE COUNTY, a political subdivision of the State of Florida, "GRANTOR," whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, does hereby convey and grant to the general public, for the use and benefit of the historical drainage in, under, upon, along, over, and across the following described land in St. Lucie County, Florida, to -wit: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the some unto the GRANTEE, its successors and assigned forever. The GRANTOR reserves the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTOR. The rights herein granted may be assigned in whole or in part. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. 0 IN WITNESS WHEREOF, the undersigned Grantor has hereunto set their hands and seals this 6th day of January, 2009. ATTEST: Deputy Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS County Attorney The foregoing Drainage Easement was acknowledged before me this 6t" day of January, 2009, by Paula A. Lewis, the Chair of the Board of County Commissioners of St. Lucie County. She is personally known to me. Notary Public Signature 2 rn SKETCH TO AGL'l71YPANY LEGAL DESCRIPUM ST. UCIE COUNTY AIRPORT mm Foor DRAINAGE EASE#ENT LEGEND C13 CURVE wt CB= CHORD BEARING CDR= CORNER F.PF.W.C.O.= FORT PIERCE FARMS WATER CONTROL DISTRICT FP&L= FLORIDA POWER & LIGHT e L= LENGTH r P.O.B. = POINT Of BEGINNING M I PG(S)= PAGES) SEC=ASECTION a DELTA (CENTRAL ANGLE) J NOT PLATTED � — — , sw CDR. I — — SE I /t NW 1,14 — stc-a. , , SWrH L ZW SE I /4, NW 1,14 SEC &5-34-39 EXHIBIT "A" �. �e ;�� ianM awcern/ aa:acwwv c� rRaO' avtioar lrwr.' m.�r slra�s+t cr —" - ie-avar /aar IZI.W rear a ~ Id w WAr I AV XWT 1 • ar2$V/411 L-5150' CB�Nlr577de, 'Jr E R02&.00' a--"0453r /OQOD' O R+12&.00' CBMS70572/ •E A-90°00W 1. C8*$44•JrWE /ems p Y h MOT PLATTED P. 0. a. sW COR. NE 114. SM 114 SEC 25-34-39 20.00' DRAINAGE EASEMENT S89a55'241E /228.81' A 305574•9 124&87 sOIJTN L SErAC� ?S-3IN I /P. -39 Sw 114 NOT PLATTED NOT INCLum NOTE : 11 1. THIS IS NOT A SURVEY. t 2. Bearings are b0md on the South ! the of the North 112 of the Southwest 1/4 of Secfijpn'25, Township 34 South, Range 39 East, St. Luale County;,E40,ri,fo &.1ng N89055124•W . pmJ. Vamoe Corpe Jr. PSM 482 South eVler Rood ProfemlanaiSurveynr and M caper Orlando, Florida 32810-6101 Florida Certificate No.3698 Te1:4071647-7275 Certificate No. LB 24 sm 2 NOT PLATTED Revision: 12/31108 Date: S0a18: Job No.: 01 XL F.B.: N/A Drown By: QKK Ckd. Sy: Jac Sheet J of 2 m N V 0 M LEGAL DESCRIPMOV M AC"PAM' SKETCH ST. LUCIE COUNTY AIRPORT moo Foor Gy4AINAGE EASE,I/ENT LEGAL DESCRIPTION A strip of land 20.00 feet in width, lying in Section 25, Township 34 South, Range 39 East, St. Lucie County, Florida, and being more particularly described as follows: Begin at the Southwest corner of the Northeast 114 of the Southwest 114 of Section 25, Township 34 South, Range 39 East, St. Lucie County, Florida; thence N.00020'10"E. along the West line of the Northeast 114 of the Southwest 114 of said Section 25 for 1136.29 feet; thence S.890391508E. for 20.00 feet to a point on a line being parallel with and 20.00 feet East of sold West Line; thence S.000201104W. along said parallel line for 1116.20 feet to a point on a line being parallel with and 20.00 feet North of the South line of North 112 of the South- west 114 of sold Section 25; thence S.891*55249E. along sold parallel line for 1228.81 feet to a point on the West line of the Fort Pierce Forms Water Control District Canal No. 4; thence S.00017'43% along said West line for 20.00 feet to a point on the South line of the North 112 of the Southwest 114 of Section 25; thence N.89055'24"W. along sold South line for 1248.83 feet to the POINT OF BEGINNING. Containing 1.086 acres, more or less. PM 462 South eller Road Orlando, Florlde J2810-6101 Tel:407/647-7275 Certh'lcate No. LB 24 Sheet 2 of z To: Submitted By: SUBJECT: BACKGROUND: Agenda Request Board of County Commissioners Growth Manaqement Item Number VI-C Date: 1 /06/09 Consent [ X ] Regular [ Public Presentation [ J Leg. [ J Quasi - JD [ J Presented By Director Approve Second Amendment to Contract C08-03-189 with Municipal Corporation to extend the term of the contract until 12/31 /09. See attached memorandum. FUNDS AVAILABLE: 102-1510-534000-100 - Other Contractual Services (Planning) PREVIOUS ACTION: Board approved scope of services and execution of the contract for a total amount of $28,550 on 3/18/08 and First Amendment for extension to 1/31/09 for the publication of St. Lucie County's Land Development Code and Comprehensive Plans on the Municode website and will be maintained by Municode. RECOMMENDATION: Recommend staff approve the amendment to the contract for extension of time and authorize the Chairman to sign. COMMISSION ACTION: APPROVED = DENIED = OTHER Approved 5-0 CONCURRENCE: tt Douglas M. Anderson County Administrator Coordination/ Signatures County Attorney W : Mgt. & Budget: PurchasingYJOhnsw. � , Print Name: FV 9nf W;rint Name: ,� ,, Print Name: ( �j; fie , V Asst. Co. Administrator: Other: Other: Print Name: 7�ou NTYL O R I D A TO: Board of County Commissioners FROM: Mark Satterlee, Director DATE: January 6, 2009 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA SUBJECT: Contract Amendment for Term Extension Municipal Corporation BACKGROUND: The Growth Management Department has been working with the vendor since March, 2008 to prepare the correct formats, graphics and subsequent updates needed to publish the Land Development Code and the Comprehensive Plan online. This task will also involve presenting an ordinance before the board for non -substantive changes of the publications before they are presented for final print to Municode. RECOMMENDATION/CONCLUSION: Request approval of the contract amendment for extension of time and authorize the Chairman to sign. SECOND AMENDMENT TO MARCH 18, 2008 AGREEMENT BETWEEN ST. LUCIE COUNTY AND MUNICIPAL CODE CORPORATION THIS SECOND AMENDMENT is dated this day of 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County," and MUNICIPAL CODE CORPORATION, or its successors, executors, administrators, and assigns, hereinafter referred to as "Contractor." WHEREAS, on March 18, 2008, the parties entered into an Agreement (the "Agreement") which provided for the Contractor to publish the St. Lucie County Comprehensive Plan and St. Lucie County Land Development Code (the "Project"); and, WHEREAS, on September 23, 2008, the parties entered into a First Amendment extending the term through January 31, 2009; and, WHEREAS, the parties have determined additional time is required in order to complete the Project. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 5, TERM, is hereby amended to read as follows: 5. This Agreement shall be effective upon the date of execution of this Agreement as written above and shall terminate on December 31, 2009, unless extended upon written agreement of the parties. 2. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereunto have subscribed and the Recipient has of fixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK 5 \ATTY\A6REEMNT\Municipal Code Corp - 2A.wpd CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: MUNICIPAL CODE CORPORATION BY: NAME: TITLE: S:\ATTY\AGREEMNT\Municipal Code Corp - 2A.wpd AGENDA REQUEST ITEM NO. VI D1 DATE: January 6, 2008 REGULAR [ PUBLIC HEARING [ CONSENT [ X TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS PRESENTED BY: DONALD B. W ST SUBJECT: Request the Board approval of Railroad Reimbursement Agreements from Florida East Coast Railroad (FEC) and Florida Department of Transportation (FDOT) for safety improvements at Midway Road & Walton Road railroad crossings; and approval of Resolutior #08-386, and authorization for signature by Chair. No County funding is required for construction of the railroad crossing improvements. The FDOT will reimburse FEC for project costs in the amount of $159,810. The County will continue to cost share the maintenance at the amount of 50 percent, in accordance with the maintenance agreement in place with Florida East Coast Railroad. BACKGROUND: See attached memo. FUNDS WILL BE MADE AVAILABLE IN: No County funding is required. PREVIOUS ACTION: N/A RECOMMENDATION: Public Works staff recommends Board approval of Railroad Reimbursement Agreements from Florida East Coast Railroad and Florida Department of Transportation for safety improvements at Midway Road & Walton Road railroad crossings; and approval of Resolution #08-386, and authorization for signature by Chair. Page 1 of 3 COMMISSION ACTION: CONCURRENCE: [-A APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] County Attorney: Daniel McIntyre Douglas M. Anderson County Administrator Coordination/Signatures [X] Management & Budget/Purchasing: Marie Gouin / k 0,SiUL0 YW1 [X] Originating Dept -Public Works: 0 (Donald . West [X] Copy to Finance Shai Frances Page 2 of 3 PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works Director DATE: January 6, 2009 RE: Florida Department of Transportation - Railroad Crossing Federal Grant BACKGROUND: These grants are part of the Title II grant program at FDOT District 4. This program selects a handful of railroad crossings every year based on a statewide safety index rating and field diagnostic reviews, and then designates federal funding to improve the safety at these crossings. Walton Road and Midway Road are the two crossings in St. Lucie County that have been selected this year. No County funding is required for construction of the railroad crossing improvements. The FDOT will reimburse FEC for project costs in the amount of $159,810. The County will continue to cost share the maintenance at the amount of 50 percent, in accordance with the maintenance agreement in place with Florida East Coast Railroad. RECOMMENDATION: Public Works staff recommends Board approval of Railroad Reimbursement Agreements from Florida East Coast Railroad and Florida Department of Transportation for safety improvements at Midway Road & Walton Road railroad crossings; and approval of Resolution #08-386, and authorization for signature by Chair. Page 3 of 3 RESOLUTION NO. 08-386 A RESOLUTION ACCEPTING THE FLORIDA EAST COAST RAILROAD AND FLORDA DEPARTMENT OF TRANSPORTATION GRANTS (#423978-1-57-01 & #423979-1-57-01) FOR RAILROAD REIMBURSEMENT AGREEMENTS - GRADE CROSSING AND GRADE CONTROL DEVICES AT MIDWAY ROAD & WALTON ROAD 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 East Coast Railroad and Florida Department of Transportation have awarded the County funding for Grade Crossing and Grade Control Devices at Midway Road & Walton Road (#423978-1-57-01 & #423979-1-57-01). 2. The Board should authorize and approve execution of the Railroad Reimbursement Agreement with the Florida East Coast Railroad and 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 the Railroad Reimbursement Agreements with the Florida East Coast Railroad and Florida Department of Transportation (#423978-1-57-01 & #423979-1-57-01) to provide funding for Grade Crossing and Grade Control Devices at Midway Road & Walton Road. 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 08-386 was as follows: Chair Paula Lewis Vice -Chair Charles Grande Commissioner Doug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky 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 Florida Department of Transportation CHARLIE CRIST GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 October 28, 2008 Mr. Don West, P.E. Director of Public Works St. Lucie County 2300 Virginia Avenue Engineering Department, 2nd Floor Ft. Pierce, Florida 34982 Dear Mr. West; RE: FM # 423979-1-57-01 Location: Walton Road County: St. Lucie Crossing No.: 272332-U RR. W. 252+2962' STEPHANIE C. KOPELOUSOS SECRETARY O C T 2 9 2008 Si. Lucie County Public Works Enclosed are five (5) copies of the "Railroad Reimbursement Agreement, Grade Crossing and Crossing Traffic Control Devices- County", for the installation of signal equipment on the above -mentioned crossing. Five (5) copies are to be signed and returned to this office for further processing. An executed agreement will be mailed to you for your files. We will also need two (2) copies of a Resolution, with original signatures, authorizing the signing of the Agreement. Both Resolutions and Agreements must be original signature documents or properly certified copies. Please do not fill in the dates on the agreements as this will be done upon final execution by the District Director of Transportation Development. Should you have any questions regarding this Agreement, please call (954) 777-4499 Your prompt attention to the execution of these documents is greatly appreciated. cc: File Sincerely, Lauren A. Rand Rail Specialist Office of Modal Development Exhibit A Page 1 of 20 www.dot.state.fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-27 RAIL RAILROAD REIMBURSEMENT AGREEMENT OGc-01107 GRADE CROSSING TRAFFIC CONTROL DEVICES - COUNTY FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RM NUMBER FAP NUMBER 42397915701 Walton Road ST. LUCIE OOS4-0046-J THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and Florida East Coast Railway, LLC. a corporation organized and existing under the laws of Florida with its principal place of business in the City of Jacksonville , County of Duval State of _Florida , hereinafter called the COMPANY; and ST. LUCIE County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road System, designated by the Financial Project ID42397915701 on Walton Road , which crosses at grade the right of way and tracks of the COMPANY'S Milepost 252 + 2962' FDOT/AAR Crossing Number 272332-U , at or near Fort Pierce as shown on DEPARTMENT'S Plan Sheet No. Location Map , attached hereto as a part hereof; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals Type III Class III and/or other traffic control devices at said location on an actual cost basis and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, fifty (50%) percent of the expense thereof in maintaining the same shall be borne by the COUNTY and fifty (50%) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. Exhibit A Page 2 of 20 725-090-27 RAIL OGC - 01107 The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above. Unless otherwise agreed upon herein, the COUNTY agrees to insure that at the crossing the advance warning signs and railroad crossing pavement markings will conform to the U.S. Department of Transportation Manual on Uniform Traffic Control Device's within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: ❑ (a) DEPARTMENT Procedure No. 725-080-002 Appendix DA, and Rule 14.57.011 "Public Railroad -Highway Grade Crossing Costs", Florida Administrative Code. ® (b) Federal Highway Administration Federal -Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I, and any supplements thereto or revisions thereof, which, by reference hereto, are made apart hereof. The COMPANY further agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of Procedure No. 725-080-002 Appendix D-4 "Billing Requirements," and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject to payment by the DEPARTMENT. 7. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount of $ 159,810.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. 8. All labor, services, materials, and equipment furnished by the COMPANY in carving out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. Exhibit A Page 3 of 20 725-090-27 RAIL OGC - 01107 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereafter: ® (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. ❑ (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the DEPARTMENT. ❑ (c) An agreed lump sum $ 0.00 , as supported by a detail analysis of estimated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) 10. The installation and/or adjustment of the COMPANY'S facility as plannedo will QQ will not involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): ❑ (a) ■ ❑ (c) % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments). All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. $ 0.00 credited for O betterment O expired service life O nonreimbursable segments in accord with Article 9.(c) hereinabove. 11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above installation and/or adjustment work. 12. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. Exhibit A Page 4 of 20 725-090-27 RAIL OGC - 01/07 13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. 14. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), Florida Statutes (F.S.). 15. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement: If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 16, Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance with DEPARTMENT Rule 14-57.011 "Public Railroad -Highway Grade Crossing Costs" and the Federal Administration Federal -Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work." Exhibit A Page 5 of 20 725-090.27 RAIL OGC - 01107 17. In accordance with Section 215,422, Florida Statutes, the following provisions are in this Agreement: Contractors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement 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, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contractor. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor 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 contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 18. Records of costs incurred under 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 five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 19. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such 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 one year, but any contract so made shall be executory only for the value of the services to be rendered Exhibit A Page 6 of 20 725-090-27 RAIL OGC - 06/03 or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. In accordance with Section 287.0582, Florida Statutes, the following provisions are included in this Agreement: The Department's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 23. Paragraph 22 was stricken, prior to execution by all parties at the request of Florida East Coat Railway L.L.C. Exhibit A Page 7 of 20 725-090-27 RAIL OGC - O V07 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (TITLE: Director of Transportation Development ) COMPANY: Florida East Coast Railway, LLC. Gewd ��M�� BY: �� t mt St. Lucie COUNTY, FLORIDA BY: (TITLE: ) Legal Review BY: Attorney - DOT Date Approved as to Funds Approved as to FAPG Available Requirements BY: BY: N/A Comptroller - DOT Date FHWA Date Exhibit A Page 8 of 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-55 COUNTY RESOLUTION RAIL GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY 10/98 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 42397915701 Walton Road ST. LUCIE OOS4-0046-J A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. ON MOTION OF Commissioner seconded by Commissioner , the following RESOLUTION was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, on Walton Road which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF St. Lucie COUNTY, FLORIDA; That St. Lucie County enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway, LLC Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Number 423979-1-57-01 on Walton Road which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 272332-U located near Fort Pierce Florida; and That the County assume it's share of the costs for future maintenance and adjustment of said grade crossing control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and That the Chairman and Clerk of the Board of Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and Florida East Coast Railway, LLC. Company as herein described; and That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the Board of County Commissioners of St. Lucie County, Florida, in regular session this day of ATTEST: Chairman of the Board of County Commissioners (SEAL) Clerk of the Board of County Commissioners Exhibit A Page 9 of 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WORK DESCRIPTION GRADE CROSSING TRAFFIC CONTROL DEVICES 725-090-09 RAIL 05/02 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RIW NUMBER FAP NUMBER 42397915701 Walton Road ST. LUCIE OOS4-0046-J A. B. C. D. E. JOB DESCRIPTION & LOCATION: TYPE OF ROADWAY FACILITY: FDOT/AAR XING NO.: 272332-U RAILROAD COMPANY Florida East Coast Railway, LLC Relocate FL&G, CWT, cabinet, recorder TYPE CROSSING PROPOSED: I11 CLASS STATUS AND PROPOSAL: RR MILE POST TIE: 252 + 2962' III DOT INDEX NO.: 1. EXISTING DEVICES: (See Agreement dated a. None -New Crossing. b. Crossbuck and Disk. C. Flashing Signals with Disk. d. Flashing Signals with Cantilever. e. XX Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. 2. PROPOSED DEVICES: (Safety Index Rating 62.78 ) a. No revision required. b. Crossbuck and Disk. C. Flashing Signals and Disk. d. Flashing Signals with Cantilever. e. XX Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. g. Relocate existing signal devices: (1) (With -Without) addition of Gates. (2) (With -Without) synchronization with highway traffic signals. (3) (With -Without) constant warning time. 17RR9 F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS 1. N/A By Others ( Company.) 2• N/A By Railroad Company. G. AUTHORITY REQUESTED: (Draft attached: O Yes 0 No.) 1. XX Agreement (Third Party Participating St. Lucie County, FL ) 2. Supplemental Agreement No. 3. Crossing Permit. 4. Estimate for Change Order No. 5. Letter of Authority. 6. Letter of Confirmation (No Cost to Department). H. OTHER REMARKS: Negotiations to be completed by: Signal installation target date: Synchronization: (Draft attached O Yes 0 No.) Exhibit A Page 10 of 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES 725-090-41 RAIL OGC - 01/06 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNV NUMBER FAP NUMBER 42397915701 Walton Road ST. LUCIE OOS4-046-J COMPANY NAME: IFlorida East Coast Railroad, LLC A. FDOT/AAR XING NO.: 272332-U B. TYPE SIGNALS PROPOSED III RR MILE POST TIE: 252+2962' CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST" I Flashing Signals - One Track $2,086.00 II Flashing Signals - Multiple Tracks $2,760.00 III Flashing Signals and Gates - One Track $3,146.00 IV Flashing Signals and Gates - Multiple Tracks $3,950.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011 Public Railroad -Highway Grade Crossing Costs EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. "This schedule will become effective July 1, 2006 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. Exhibit A Page 11 of 20 o �I 4 z 0 U � o z o a < U A < U4 N G w z < W A O U N o r' < 4 U vhi Uuj U. z O N O OU O U U VI N th r O O [/1 to U < A W tu �. U E�- w z < < v �7 � h W 0 a w u U < O z c C7 z z 6 r O Q N z O en SO z N U w o h w � q Z z O z o U a a W A h 4 � w h pw h tM O iC a C� w 00 F N p li < Q W z w < o a z z o_ w h 3 h H Q A U. vyi ...1 h 4 ^- V 0 C t"b nl J t000 .� All w O o � < W y w 'O d a M Ll H O � o � H A F < a o � < 4 A O A 7 < U Q oG w 4 DATE: 06/21/07 DEC FILE: 10.2 TYPE: I I I CLASS: III FLORIDA EAST COAST RAILWAY NO. OF DAYS: 10 OFFICE OF THE GENERAL MANAGER AAR / DOT #: 272332U OF SIGNALS AND COMMUNICATIONS MILE POST: 252+2962' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT WALTON ROAD. This estimate should be considered void after one (1) year. MATERIAL UNIT COST UNITS TOTAL COST 12' RETROFIT LED UNITS $120.00 8 EA. $960.00 CWT HXP3-R MAIN & REMOTE $57,520.00 1 EA. $57,520.00 GENERATOR CASE W/ TRANSFER SWITCH $2,870.00 1 EA. $2,870.00 MISC. GROUND MATERIAL $1,696.63 1 PKG. $1,696.63 CONDUIT & DIRECTIONAL BORE $45.00 100 FT. $4,500.00 CABLE $2,700.00 1 PKG. $2,700.00 POWER SERVICE $2,000.00 1 EA. $2,000.00 MONITORING EQUIPMENT $10,725.00 1 PKG. $10,725.00 SANITATION & DISPOSAL $1,500.00 1 PKG. $1,500.00 FREIGHT & HANDLING $20,743.00 TAX @ 6.5% $5,393.00 TOTAL MATERIALS $110,607.63 EXCAVATING EQUIPMENT PER DAY $181.00 10 DAYS $1,810.00 EQUIPMENT RENTAL PER DAY $125.00 10 DAYS $1,250.00 FOREMAN'S TRUCK PER DAY $35.00 10 DAYS $350.00 GANG TRUCK PER DAY $63.00 10 DAYS $630.00 SUPERVISORS TRUCK PER DAY $35.00 10 DAYS $350.00 EQUIPMENT TOTAL $4,390.00 ENGINEERING $7,500.00 1 $7,500.00 ENGINEERING TOTAL $7,500.00 CONSTRUCTION SUPERVISION $312.00 10 DAYS $3,120.00 LABOR ADDITIVE $1,738.00 SUPERVISION TOTAL $4,858.00 LABOR PER DAY $1,188.90 $11,889.00 NUMBER OF DAYS 10 LABOR ADDITIVE $6,938.00 TOTAL LABOR $18,827.00 GANG EXPENSES PER DAY NUMBER OF DAYS TOTAL GANG EXPENSES SUB -TOTAL CONTINGENCIES 5% TOTAL $602.00 10 $6,020.00 $152,202.63 $7,610.00 $159,810.00 Exhibit A Page 13 of 20 Mxrosott` Virtual Earth" Port St Lucia7= Savanttat; State F'riserve LOCATION MAP Florida East Coast Railway LOCATION: Walton Road FINANCIAL PROJECT NO.: 423979-1-57-01 CROSSING NO.: 272332-U RAILROAD MILEPOST: 252+2962' Exhibit A Page 14 of 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFFICE OF MODAL DEVELOPMENT DISTRICT 4 RAIL OFFICE PROJECT SCOPE AND COST ESTIMATE Financial Project No.: FAP No.: Location: County: Crossing No.: RR MP: Company: PROJECT INFORMATION 423979-1-57-01 OOS4-046-J Walton Road St. Lucie 272332-U 252+2962' Florida East Coast Railway This project scope and cost estimate was prepared by: District Rail Specialist PROJECT SCOPE AND COST ESTIMATE Relocate FL&G, CWT, Recorder, Cabinet ....................................................................... $159,810.00 TOTAL ESTIMATED COSTS ................................. $159,810.00 Exhibit A Page 15 of 20 a r � d ,A a ,sue i.k Y� s r"i'Ac .0D %co ' O O U 66S xoE _ ig 1 U O UpIVBW �• > q C ° O V .°. O O y O C P P " d• in'in O Pcc c zul or N :o E c b o 0 o w o —'�. Co. o y o cn 7 iQ m 0 �- oU cr LQLi, c o .xnW F- ,9' Z t ®u T U C N 'b Z m C q a O Q... tij ouo �C 3itscr o u �•\, '` ' ► { Z 1 a of ,,, I W O O. a Ja le 9-d 1 ,N o uy9 QlY D 00 I O ' � T.2 fD W ° •• 1�- C O O u O U G � •xpW �' n u `iE o b b O > 47P!M o 0 tY ♦ti ' n CL CL P ^ u N W a xpW o u 1 w e ,p M1 Jq• m � ..9,6 L N o = a N � O O 3 u u I In � I I �xoW'-i LQ 7 . - I- 2 O 3 m ` c o�N Qg O I m I, Y J U = R 1 O N m J � a U ~ Y N - m c ,Z1'. I ° I ^ ^ I J 2 4 Eu`pouo oozy u 'D�o � v°i - N yO.E ~�N QOJ� JI- -0 NZ c� c � u Y i. 21nm3e � •xeN ,. t m � N o q n V E .„ jp _ N O N qa� e o rv,.9-.6 I O y °p Lu w m m D2 Yu O q ~ a� YDa ~ I .[ W Q. O N N I U �� nu`E�m ev3r uio I ~OEo Q eQm q=� V q �O xnW t I O •. Y a ti I n W o 'uiW ..9'.! 1^ WM,61 c .4 Oc a I p p y -0 '- = m 4 ; h m ^ C N W h J ti I c° t U o q m O '• � I o e Y I U C ' Z` N ;0 ` too N :00 M1 e� o T 'auo .9 0 4 o u = L a 4 " E ti1 x0 i O i In -o o pV 1:.2 QO a„ at an• 'o b a000ti a o cE c E i5 �U. _ Ecx" E °m c- ca eY O a•o flJ=_ NZ 4 o o Nmaa y � � :.,cb .. �°p Q� J ° v Y NaS C Ipx ..tm= �C° I1•,ir a w� �v ° co? p i Eo -��o•o Ta °o'a p om "lu oN Enopo o� °� a°aa�t 4tia Zh ° +xo� o y Qa r N •9 ti 3 V� Ucz Q m pp OZ pyroj °° •v V1O�t°? o _ o • � N b 1 a �- I.-- N g i t11 U � •cic -� qeq oo ycm it . - o m Ac c 0 C4 p LL (O> o ° 'el N O N c v z00 a i00 ti E a V— Q C9 o <' e6 ¢n O O Q C O < �• O E°oorn CJ < U ? b J 2W (nU N p Lu �0 .� ,i W O 4 c 0 cc 8 2 y o LL QU 1 Q i Q Q � o 0�LL Q La I « In O Q c f q J ~ .y VIA'ZI __ a � I w a ti .:. h( M IS I I 0 4 U h h h h N io n a O O ti E v Q a o u m � `b'1 h v c in io i� rn O U u ¢ � c u m o0 0 b �o 0 m q V 4 k u M 4t t� b Q 'XO W ,.9-•C V D ^ ^ O o g N N a ul b 0.1 N N N M M M c 5 m b 0 b K "61" Florida Department of Transportation CHARLIE CRIST GOVERNOR 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 October 28, 2008 Mr. Don West, P.E. Director of Public Works St. Lucie County 2300 Virginia Avenue Engineering Department, ?d Floor Ft. Pierce, Florida 34982 Dear Mr. West; RE: FM # 423978-1-57-01 Location: Midway Road County: St. Lucie Crossing No.: 272331-M RR. W. 246+1963' STEPHANIE C. KOPELOUSOS SECRETARY RECEIVED O C T 2 9 2008 St. Lucie County Public Works Enclosed are five (5) copies of the "Railroad Reimbursement Agreement, Grade Crossing and Crossing Traffic Control Devices- County", for the installation of signal equipment on the above -mentioned crossing. Five (5) copies are to be signed and returned to this office for further processing. An executed agreement will be mailed to you for your files. We will also need two (2) copies of a Resolution, with original signatures, authorizing the signing of the Agreement. Both Resolutions and Agreements must be original signature documents or properly certified copies. Please do not fill in the dates on the agreements as this will be done upon final execution by the District Director of Transportation Development. Should you have any questions regarding this Agreement, please call (954) 777-4499 Your prompt attention to the execution of these documents is greatly appreciated. cc: File Sincerely, 0 Lauren A. Rand Rail Specialist Office of Modal Development Exhibit B Page 1 of 20 www.dot.stateftus STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-27 RAILROAD REIMBURSEMENT AGREEMENT Occ-011//0I7 GRADE CROSSING TRAFFIC CONTROL DEVICES - COUNTY FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNV NUMBER FAP NUMBER 42397815701 Midway Road ST. LUCIE OOS4-0046-J THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and Florida East Coast Railway, LLC. a corporation organized and existing under the laws of Florida with its principal place of business in the City of Jacksonville , County of Duval State of Florida hereinafter called the COMPANY; and ST. LUCIE County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road System, designated by the Financial Project ID42397815701 on Midway Road , which crosses at grade the right of way and tracks of the COMPANY'S Milepost 246 + 1963' FDOT/AAR Crossing Number 272331-M , at or near Fort Pierce as shown on DEPARTMENT'S Plan Sheet No. Location Map , attached hereto as a part hereof; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals Type Ill Class III and/or other traffic control devices at said location on an actual cost basis and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, fifty (50%) percent of the expense thereof in maintaining the same shall be borne by the COUNTY and fifty (50%) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are. no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. Exhibit B Page 2 of 20 725-090-27 RAIL OGC - 01/07 The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above. 4. Unless otherwise agreed upon herein, the COUNTY agrees to insure that at the crossing the advance warning signs and railroad crossing pavement markings will conform to the U.S. Department of Transportation Manual on Uniform Traffic Control Devices within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. 5. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: (a) DEPARTMENT Procedure No. 725-080-002 Appendix DA, and Rule 14.57.011 "Public Railroad -Highway Grade Crossing Costs", Florida Administrative Code. ® (b) Federal Highway Administration Federal -Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of Procedure No. 725-080-002 Appendix D-4 "Billing Requirements," and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject to payment by the DEPARTMENT. 7. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount of $ 280,730.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. 8. All labor, services, materials, and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. Exhibit B Page 3 of 20 725-090-27 RAIL OGC - 01/07 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereafter: ® (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. ❑ (b) Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the DEPARTMENT. ❑ (c) An agreed lump sum $ 0.00 , as supported by a detail analysis of estimated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) 10. The installation and/or adjustment of the COMPANY'S facility as planned0 will Q will not involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): ❑ (a) % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments). ❑ (b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work orjob order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. ❑ (c) $ 0.00 credited for 0 betterment 0 expired service life 0 nonreimbursable segments in accord with Article 9.(c) hereinabove. 11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above installation and/or adjustment work. 12. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. Exhibit B Page 4 of 20 725-090-27 RAIL OGC - 01/07 13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. 14. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENTSs Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), Florida Statutes (F.S.). 15. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement: If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 16. Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance with DEPARTMENT Rule 14-57.011 "Public Railroad -Highway Grade Crossing Costs" and the Federal Administration Federal -Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work." Exhibit B Page 5 of 20 725-090-27 RAIL OGC - 01107 17. In accordance with Section 215.422, Florida Statutes, the following provisions are in this Agreement: Contractors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement 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, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contractor. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor 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 contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 18. Records of costs incurred under 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 five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 19. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such 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 one year, but any contract so made shall be executory only for the value of the services to be rendered Exhibit B Page 6 of 20 725-090-27 RAIL OGG - 06/03 or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. In accordance with Section 287.0582, Florida Statutes, the following provisions are included in this Agreement: The Department's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 23. Paragraph 22 was stricken, prior to execution by all parties at the request of Florida East Coat Railway L.L.C. Exhibit B Page 7 of 20 725-090-27 RAIL OGC - 01107 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY (TITLE: Director of Transportation Development ) COMPANY: Florida East Coast Railway, LLC. BY St. Lucie COUNTY, FLORIDA (TITLE: ) Legal Review BY: Attorney - DOT Date Approved as to Funds Available BY: Comptroller - DOT Date Approved as to FAPG Requirements BY: N/A FH WA Date Exhibit B Page 8 of 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-55 COUNTY RESOLUTION RAIL GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY 10198 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 42397815701 Midway Road ST. LUCIE OOS4-0046-J A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. ON MOTION OF Commissioner seconded by Commissioner , the following RESOLUTION was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, on Midway Road which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF St. Lucie COUNTY, FLORIDA; That St. Lucie County enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway, LLC Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Number 423978-1-57-01 on Midway Road which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 272331-M located near Fort Pierce Florida; and That the County assume its share of the costs for future maintenance and adjustment of said grade crossing control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and That the Chairman and Clerk of the Board of Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and Florida East Coast Railway, LLC. Company as herein described; and That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the Board of County Commissioners of St. Lucie County, Florida, in regular session this day of ATTEST: Chairman of the Board of County Commissioners (SEAL) Clerk of the Board of County Commissioners Exhibit B Page 9 of 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-09 WORK DESCRIPTION RAIL GRADE CROSSING TRAFFIC CONTROL DEVICES 06/02 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R1W NUMBER FAP NUMBER 42397815701 Midway Road ST. LUCIE OOS4-0046-J RAILROAD COMPANY Florida East Coast Railway, LLC A. JOB DESCRIPTION & LOCATION: CWT, 2 new cabinets, recorder B. TYPE OF ROADWAY FACILITY: C. FDOT/AAR XING NO.: 272331-M RR MILE POST TIE: 246 + 1963' D. TYPE CROSSING PROPOSED: III CLASS: III DOT INDEX NO.: 17882 E. STATUS AND PROPOSAL: 1. EXISTING DEVICES: (See Agreement dated ) a. None -New Crossing. b. Crossbuck and Disk. C. Flashing Signals with Disk. d. Flashing Signals with Cantilever. e. XX Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. 2. PROPOSED DEVICES: (Safety Index Rating 64.56 ) a. No revision required. b. Crossbuck and Disk. C. Flashing Signals and Disk. d. Flashing Signals with Cantilever. e. XX Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates. g. Relocate existing signal devices: (1) (With -Without) addition of Gates. (2) (With -Without) synchronization with highway traffic signals. (3) (With -Without) constant warning time. F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS 1. NIA By Others ( Company.) 2. N/A By Railroad Company. G. AUTHORITY REQUESTED: (Draft attached: 0 Yes 0 No.) 1. XX Agreement (Third Party Participating St. Lucie County, FL ) 2. Supplemental Agreement No. 3. Crossing Permit. 4. Estimate for Change Order No. 5. Letter of Authority. 6. Letter of Confirmation (No Cost to Department). H. OTHER REMARKS: Negotiations to be completed by: Signal installation target date: Synchronization: (Draft attached 0 Yes 0 No.) Exhibit B Page 10 of 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES 725-M-41 RAIL OGC - 01/06 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 42397815701 Midway Road ST. LUCIE OOS4-046-J COMPANY NAME: Florida East Coast Railroad, LLC A. FDOT/AAR XING NO.: 272331-M B. TYPE SIGNALS PROPOSED III RR MILE POST TIE: 246+1963' CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION I Flashing Signals - One Track II Flashing Signals - Multiple Tracks III Flashing Signals and Gates - One Track IV Flashing Signals and Gates - Multiple Tracks AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011 Public Railroad -Highway Grade Crossing Costs EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. COST* $2,086.00 $2,760.00 $3,146.00 $3,950.00 *This schedule will become effective July 1, 2006 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. Exhibit B Page 11 of 20 g c3 w a w a O U O O :t z�wa w > E� LLI WOW OC°6z f� F N w u- < - �u3< ce w-x O L1. i 8 � V o n �n ro oO V a � � � � W O U z � 3 2 twi O C y y W O O ~ O b w axx 0 z Q ° Nw ¢ O Oz 8 xx co c D] Q (71 00 Q aa. a p 4 A 4 LU y� F O W N f^ U A ow ° O J W aOt1 $ W p y o CA LU N <F- < < F < A 4 < W cn ~ °LU v w z z w �< 4 °. ° o ° o S. o N p w O t- O A Z ° a z < gy U z w U U a Z z U O Q 'r r- M o w � ui z O � a x o 3 U z ° z y d 3 s 0 � Ew. U z W LU p- w U z z z 4 0 i w F W f- 2 � ..d W O a x m R 0 N 0 N N co m x w DATE: 06/21/07 FILE: 10.2 TYPE: III CLASS: III FLORIDA EAST COAST RAILWAY NO. OF DAYS: 12 OFFICE OF THE GENERAL MANAGER AAR / DOT #: 272331M OF SIGNALS AND CCb1MUNICATIONS MILE POST: 246+1963' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT MIDWAY ROAD. This estimate should be considered void after one (1) year. MATERIAL UNIT COST UNITS TOTAL COST 6' X 6' & 41X4' WIRED CASES, WITH RXF $126,745.00 1 EA. $126,145.00 BATTERY BOX $675.00 1 EA. $675.00 BATTERIES, SAFT SPL250 $215.00 40 EA. $8,600.00 MISC. GROUND MATERIAL $2,666.56 1 PKG. $2,666.56 CONDUIT & DIRECTIONAL BORE $45.00 100 FT. $4,500.00 CABLE $6,623.75 1 PKG. $6,623.75 POWER SERVICE $1,800.00 1 EA. $1,800.00 MONITORING EQUIPMENT $12,985.00 1 PKG. .$12,985.00 SANITATION & DISPOSAL $1,500.00 1 PKG. $1,500.00 FREIGHT & HANDLING $41,149.00 TAX @ 6.5% $10.699.00 TOTAL MATERIALS $217,943.31 EXCAVATING EQUIPMENT PER DAY $181.00 12 DAYS $2,172.00 EQUIPMENT RENTAL PER DAY $125.00 12 DAYS $1,500.00 FOREMAN'S TRUCK PER DAY $35.00 12 DAYS $420.00 GANG TRUCK PER DAY $63.00 12 DAYS $756.00 SUPERVISORS TRUCK PER DAY $35.00 12 DAYS ,$420,00. EQUIPMENT TOTAL $5,268.00 ENGINEERING $8,500.00 1 $8,500.00 ENGINEERING TOTAL $8,500.00 CONSTRUCTION SUPERVISION $312.00 12 DAYS $3,744.00 LABOR ADDITIVE ,$2,085.00 SUPERVISION TOTAL $5,829.00 LABOR PER DAY $1,188.90 $14,267.00 NUMBER OF DAYS 12 LABOR ADDITIVE $8,326.00 TOTAL LABOR $22,593.00 GANG EXPENSES PER DAY $602.00 NUMBER OF DAYS 12 TOTAL GANG EXPENSES $7,224.00 SUB -TOTAL $267,357.31 CONTINGENCIES 5% $13,368.00 TOTAL $280,730.00 Exhibit 8 Page 13 of 20 mkm50fr' Fort Pierce Virtual Earth- 46 7tia1 GOW Mee Of Getor Tracco Country Club ~ Gndv Timm 1-n i2 17ft �5 s Park :ai9*SL.. C Ld a Project Location Lk Park ZifaCk.lr �: _ Elc 0-1007141arosottCorp. 02"?NAVTEQ LOCATION MAP Florida East Coast Railway LOCATION: Midway Road FINANCIAL PROJECT NO.: 423978-1-57-01 CROSSING NO.: 272331-M RAILROAD MILEPOST: 246+1963' Exhibit B Page 14 of 20 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFFICE OF MODAL DEVELOPMENT DISTRICT 4 RAIL OFFICE PROJECT SCOPE AND COST ESTIMATE Financial Project No.: FAP No.: Location: County: Crossing No.: RR MP: Company: PROJECT INFORMATION 423978-1-57-01 OOS4-046-J Midway Road St. Lucie 272331-M 246+1963' Florida East Coast Railway This project scope and cost estimate was prepared by: District Rail Specialist PROJECT SCOPE AND COST ESTIMATE CWT, 2 Cabinets, Recorder ....................................................................... $280,730.00 TOTAL ESTIMATED COSTS ................................. $280,730.00 Exhibit B Page 15 of 20 O N 4- 0 CD N f0 d CO L X W r= a %CO It - VG m 0 aW � O D O H N ... C 9° v. N O of p p O C O• P G ow y •O C 6 gg U O 0 Y y a O ybj ' yp-� o N N p p ��► G n,.. O G c G� O� p C ti �` / O a� v, 0•` p J� � zIktu O Z 0 0 m U uN a v o �U q m o .. ; ° N � co m V 'a N mm' cm1 oj � .9-• q c N u. J �, c � o° .z°W •sr e W . u ocdU l ` ,I � 1 � a � o ,9'•f � E I I I G cJ c I q o M I ♦ 0>11 0�, ' I ' �L;,[. qQ 7 1 1 a m p;i wn e j u u b m.. o'- m l 2 p I•- m� t 1 0.4 .xoW ,67 m e u I U qJ OJddd Z G m Q o; �= n O m •�� 4' W m c O �o CL c W y I ° c 0o u=" m4 a upi o ,p 'o N 3 N ZW xOn ar 0 o u C c h � � �- o O n y L O u 4 O O a CKO o a U� C U Q >. N W 2 O //�� In 0 (/3 0 4 y U o°0 a 0 og4y cE a cioa 1 ' ti opo �all0000w �: `o oN O N b b 0 0 0 'Y N N a CU UO DO °� p C1C { I S xDrv,si U O > Ir LL .00 �14 � c � " I °_• � k cmv��Q m 1 iiig ii � VI N tiicE 1- N p o p h� e I y 11 :: + •.•. R::::::i 4 O ti O N C •! .ii'' r u CO _ i.ii E` I 4 0 `V :::.. 2• .: 6t•.iE m ...... O U 4 v E .g pN rv��9-.B 'yi� `. I ' ...... ....... `' cm �o iu I t ° J ti �m m4 4 i 1 D5 p yr m�o �oE° 1OK¢m° t C�I�a XD„ h V 45 R a xDw ..9-•6 `� ?ii 3°iiicii V1 'uw •.9-.L ti I 4':::^i D asi: xD 'usrv.L! i o V me e Q •S Nii[::ii Z es` O p y� c I n I; 1 •� or •\ #•.. Z to U Coe o° 1 , uk > \ . i Lu �z o0 tt ....... .. u ... ....... c U �'N .Z 'uw .9-.L c E Q:H > I U N Q' L O toLn U a Q Kti rrME O w p 4On U C d O E u m ti43 O W W L 3 O O i■i*�riiioitifMf►_ �-s�� No„r, oii*iiiiiSa„n�,; w a 2'/^� U ol uj a IX (D 1' Oy LL 4L L w r 3CCNV E.. O O.°. yjb 0A t_ cwE � u G.y tom. oN " .N :o :00 o 0 #aQ ` e V)ct 4 V CU t N b �o o o ` oV cd 2 v1 uo ;_ 0 2Lu C O O W a cr.Lu 0o ~°o C9 O W y o L63 0 y OC) p � ~ r r O 2 N J O Q. ~ ~ '49,v 0.9 ti E ?! 4 O q c 0 D o 1 b o� Y u tl 0; b O U ti 4 ` q `11 p m c 5 m a 0 in a 4 ,Go N = O c E O G O 4 i b b tl 0 �O b b t0 b b E N N N N h h h h 0 c E i p 4 h b ♦^ U tl h b b O tl D, N ut 41 H O N O O N a m :n L X W AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ITEM NO. VI-D2 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] PRES !TkED BY: Mich el Pow{ey, II.Eff. County Engineer SUBJECT: SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road) — Construction Engineering and Inspection Services. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in 101006-4116-563012-4108 - $250,000. Funds will be transferred from 101006-9910-599300-800 Transportation Trust/Impact Fees -Inspection -Contingency Reserves. PREVIOUS ACTION: 6/28/05 - Board approved Work Authorization No.1 with Kimley-Horn and Associates, Inc., in the amount of $1,635,290, to provide construction engineering and inspection for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road). 5/22/07 - Board approved the First Amendment to Work Authorization No. 1 with Kimley-Horn and Associates, Inc., in the amount of $450,290, to provide additional construction engineering and inspection for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road), and contract extension through September 30, 2007. 11/6/07 - Board approved the Second Amendment to Work Authorization No. 1 with Kimley-Horn and Associates, Inc., in the amount not to exceed $490,240, for the rendering of services to provide additional construction engineering and inspection for the S. 25th Street Roadway Widening Project (Midway Road - Edwards Road), contract extension through June 30, 2008. 4/22/08 - Board approved the redistribution of project funding for SR 615/S. 25" Roadway Widening (Midway Road —Edwards Road) and Midway Road Widening (S. 25th St. -Turnpike bridge). 7/1 /08 - Board approved the Third Amendment to Work Authorization No.1 (CO3-05-645) which amends Kimley-Horn and Associates' contract to reflect the $200,000 increase and also extends the contract through December 31, 2008 for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road). 10/7/08 - Board approved the Fourth Amendment to Work Authorization No. 1 (CO3-05-645) which amends Kimley-Horn and Associates' contract to reflect a $250,000 increase for construction engineering inspection services for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road). RECOMMENDATION: Staff recommends Board approve the Fifth Amendment to Work Authorization No. 1 (CO3-05-645) which amends Kimley-Horn and Associates' contract to reflect a $50,000 increase for construction engineering inspection services and a time extension relative to bridge repairs for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road), and authorization for the Chair to sign. 1 of 3 w DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer A40 DATE: January 6, 2009 SUBJECT: SR 615-S. 25th Roadway Widening (Midway Road —Edwards Road) BACKGROUND For purposes of widening, S. 25th Street has been transferred to the Florida Department of Transportation's inventory. FDOT is also contributing more than $13 million towards the construction. Kimley-Horn is serving as our construction manager and at the conclusion of their work, they will provide the necessary assurances to FDOT and the County that the money has been properly spent and that the work has been completed in substantial compliance with the plans. Their continued assistance until the end of this project, particularly in regards to the anticipated repairs for the bridge approach settlement, is critical. The purpose of the additional funding requested in this item is to carry us through until the end. Reconstruction and repair of the bridge is at hand. The attached Fifth Amendment to Work Authorization No. 1 (CO3-05-645) with Kimley-Horn and Associates reflects an additional $50,000 for construction engineering and inspection services relative to bridge repairs for the SR 615 S. 25th Roadway Widening Project. In addition, a time extension until March 31, 2009 is necessary to pay all invoices and close this project. 3 of 3 COMMISSION ACTION: ] APPROVED [ ] DENIED [) OTHER: Approved 5-0 CONCURRENCE: hi Douglas M. Anderson County Administrator Coordination/S/i1, n t res [x]County Attorney [x]Mgt. & Budget iI [ ]ERD Daniel McIntyre Marie Gouin J1 t �,L'S�LCIvM+ [x]Originating Dept. Public Works [x]Co. Eng. Ap [x ]RoadBridg Donald West Michael Powley_ Donald Pauley S. 25th Widening CEI K-H WA1 mend .ag.doc Attachments: Fifth Amendment to Work Authorization No. 1 (CO3-05-645) —1 page Exhibits A, B, C - 3 pages 2 of 3 FIFTH AMENDMENT TO ` WORK AUTHORIZATION NOA Engineering Services Rekied-to Construcdob Management C034A-W S. 21M Sbeet VYl bnmg Wway Road to E*mr& Road) PtMuant 10 that mbdn Agreement Between County and Engineer for Engineering Services (the "AR+ee111-n between St. Lude County (the "Cowdn and IOmWy 4om and Aasoclaos, Inc. (the "Enaineer7 dated May 20, 2008, (the 'Agreement") is hereby arrrended to pnriide omit----onerrgirreering and Inep"on veivioes in the amount not to ameed $3,076,020, an irtcaease of $50,000. The Engineer agrees to provide the Scope of Services da www in Bdriblt W and for the addlgonal Compensation described in Exha* v. Al wont chap be oampk*ed on or before March 31, 2000 m000r+ding to the Sdreduie dendind In Exhlbb "C". All other terms and condidons of Work Authorization t (CO34*-8 46) shag be the same and remain in fug fam and effol IN WITNESS WHEREOF, the pwum have caused this Third Amendment to Work AutodzWon No.1 (CO3-0&W) to be executed and delivered on the dates below: ATTEST: � 4O BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN I'- APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY KIMLEY-HORN AND ASSOCIATES, INC. BY: Print NX. _ dFF$: 15. &LLis Date: 121 iZ 1 D8 1 of 1 Exhibit A SCOPE OF SERVICES The scope of this work is to continue the ongoing construction phase services as outlined in the initial 25s` Street CET Scope and Fee proposal dated April 19, 2005. The estimate of manpower needed to carry out the scope of work is modified within this proposal to carry the programmed services through the completion of the construction project with the bridge construction actions and minor close out task theroafter. 1 of 3 Exhibit B COMPENSATION We will provide the services described in Exhibit A for a cost plus amount of $50,000 inclusive of expenses for CEI services_ 2of3 Exhibit C SCHEDULE Construction engineering and inspection services for 25te Street to be completed on or before March 31, 2009. 3 of 3 AGENDA REQUEST ITEM NO. VI- 3 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ J CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENkED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 —Michae Powley, P County Engineer SUBJECT: SR 615 S. 25"' Roadway Widening (Midway Road —Edwards Road) — Geotechnical Engineering and Construction Materials Testing. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in 101006-4116-563009-4108 - $250,000. Funds will be transferred from 101006-9910-599300-800 Transportation Trust/Impact Fees -Inspection -Contingency Reserves. PREVIOUS ACTION: 1/10/06 - Board approved the First Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, I'nc., to provide geotechnical testing services in the amount not to exceed $100,000 for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road). 5/2/06 - Board approved the Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide reimbursement for rental of vibration monitoring equipment in the amount of $6,500 for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road). 8/8/06 - Board approved the Third Amendment to Work Authorization No. 16 with Dunkelber�er Engineering & Testing, Inc., to provide additional soil testing services in the amount of $50,000 for the S. 25 Street Roadway Widening Project (Midway Road -Edwards Road). 11 /14/06 -Board approved the Fourth Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide additional soil testing services in the amount of $50,000 for the S. 25 Street Roadway Widening Project (Midway Road -Edwards Road). 1/23/07 - Board approved the Fifth Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide additional soil testing services and equipment rental in the amount of $55,000 for the S. 25"' Street Roadway Widening Project (Midway Road -Edwards Road). 8/21/07 - Board approved the Sixth Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide additional soil testing services and equipment rental in the amount of $125,000 for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road). 11/6/07- Board approved the Seventh Amendment to provide additional soil testing services in the amount of $100.000 for the S. 25th Street roadway Widening Project (Midway Road —Edwards Road ). 9/9/08-Board approved Eighth Amendment —time extension only to 12/31/08 amount of $100,000 for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road) RECOMMENDATION: Staff recommends Board approve the Ninth Amendment to Work Authorization No. 16 (CO3-05-645) which amends the Dunkelberger Engineering & Testing, Inc. contract to reflect a $20,000 increase for geotechnical engineering and construction materials testing services and a time extension relative to bridge repairs for the S. 25 Street Roadway Widening Project (Midway Road -Edwards Road), and authorization for the Chair to sign. 1 of 3 COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney Daniel McIntyre [x]Originating Dept. Public Works Donald West S. 25th Widening DET WA9 Amend16.ag.doc Attachments: Ninth Amendment W/A 16- 1 Page : Exhibit A- 1 Page CONCURRENCE: j Douglas M. Anderson County Administrator Coordination/Sianatures [x]Mgt. & Budget' ' �l [ ]ERD Marie Gouin / �SV j_ 0 V Al.)��r� ��t_ r�� 7'a lf[x]Co. Eng. / 1 i V [x ]]Rload/Bridge MA R Michael Powley_ Donald Paula y 13 2 of 3 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer - DATE: January 6, 2009 SUBJECT: SR 615-S. 25th Roadway Widening (Midway Road —Edwards Road) BACKGROUND For purposes of widening, S. 25th Street has been transferred to the Florida Department of Transportation's inventory. FDOT is also contributing more than $13 million towards the construction. Dunkelberger Engineering & Testing has been providing testing services to the county throughout the project. While we do not anticipate that significant amounts of work on their part will be necessary, it is important that we have them available. The purpose of the additional funding requested in this item is to carry us through until the end. Reconstruction and repair of the bridge are at hand. The attached Ninth Amendment to Work Authorization No. 16 (CO3-05-645)-for Dunkelberger Engineering & Testing reflects an additional $20,000 for geotechnical engineering and construction materials testing services relative to bridge repairs for the SR 615 S. 25th Roadway Widening Project. In addition, a time extension until March 31, 2009 is also necessary to pay all invoices and close this project. 3 of 3 NINTH AMENDMENT TO WORK AUTHORIZATION NO. 16 CO3-10-686 W.A. #16 PROJ.#4108 S. 25" ST. WIDENING (MIDWAY RD. TO EDWARDS RD.) - SOIL TESTING Pursuant to that certain Agreement between County and Engineer for Professional Services for Continuing Soil Testing Services (the "Agreement" (Contract No. CO3-10-686) between St. Lucie County (the "County") and Dunkelberger Engineering & Testing, Inc., (the "Engineer") dated October 14, 2003, the Engineer agrees to perform and 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 Five Hundred Six Thousand Five Hundred and 00/100 ($506,500.00) dollars an increase of $20,000.00. All work under this Ninth Amendment to Work Authorization No. 16 shall be completed on or before March 31, 2009 (or refer to schedule Exhibit "A", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. WITNESSES: WITNESSES: ST. LUCIE COUNTY, FLORIDA COUNTY ADMINISTRATOR DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY DATE: DUNKELBERGER ENGINEERING & TESTING, INC. •d DATE: (Type or print name/position) Page 1 of 1 Exhibit "A" DATE: December 19, 2008 WORK AUTHORIZATION: Ninth Amendment to Work Authorization No. 16 PROJECT: S. 25 h St. Widening (Midway Rd. to Edwards Rd. - Soil Testing FIRM: Dunkelberger Engineering & Testing, Inc. TIME OF PERFORMANCE: March 31, 2009 SCOPE OF WORK: Perform soil testing services on the S. 25 h St. Widening (Midway Rd. to Edwards Rd.) project on an as needed basis. Page 1 of 1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Avenue "J" Pedestrian Bridge over Drainage Ditch No. 2. BACKGROUND: See attached memorandum. ITEM NO. VI- j:)q' DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ J CONSENT [x] PRESE ED BY: A! y Michael V. Powley, . E. County Engineer FUNDS AVAILABLE: Funds will be made available in Fund No. 318101-4113-563000-43105 in the amount of $8,257, Avenue J Pedestrian Bridge-FDOT Local Option Gas Tax. PREVIOUS ACTION: 5/22/2007 — BOCC approved the Local Agency Agreement with FDOT in the amount of $277,500 for construction of a pedestrian bridge along Avenue J between 32nd and 33rd Streets (Avenue "J" Pedestrian Bridge over Drainage Ditch No. 2) and approval of Resolution #07-171. 2/12/2008 — BOCC approved award of Bid #07-108 for the construction of the Avenue "J" Pedestrian Bridge to Sheltra and Son Construction, Co. Inc. in the amount of $193,283.73. RECOMMENDATION: Staff recommends the Board approve Change Order No. 1 to the contract with Sheltra & Son Construction, Co. Inc. (C08-02-053) for the Avenue "J" Pedestrian Bridge over Drainage Ditch No. 2 in the amount of $8,257, and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ j OTHER Approved 5-0 �jDouglas Anderson VV County Administrator [x] County Attorney [x] OMB/Purchasing CtVI*Originating Dept. Public Works W Daniel McIntyre �p Marie Gouin I R�"L Donald West [xj County Engineer /t� [x] Don Pauley [ ] Grants/Disaster Recovery Michael Powley Road/Bridge William Hoeffner Avenue J Ped Bridge Sheltra & Son CO1.ag Page 1 of 2 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners n FROM: Mike Powley, County Engineer M'V DATE: January 6, 2009 SUBJECT: Avenue "J" Pedestrian Bridge over Drainage Ditch No. 2 The project consists of the construction of a 14-foot wide 100-foot long prefabricated steel truss bridge with concrete bridge abutments, installation of bollards to prevent vehicular traffic, construction of approximately 200 square yards of sidewalk, and the installation of appropriate signage. Attached is Change Order No. 1 to the contract (C08-02-053) with Sheltra & Son Construction Co. Inc. in the amount of $8,257 for adjustments to planned quantities; specifically for the installation of additional bollards to protect the bridge from vehicular traffic and additional sod for erosion control measures. Current contract price is $193,283.73. All construction will be reimbursable through the grant. Attachments - CO No. 1 - 1 page Exhibit A - 1 page Page 2 of 2 CHANGE ORDER ST. LUCIE COUNTY PROJECT: Avenue J Pedestrian Bridge (name, address) TO (Contractor): Sheltra & Son Co., Inc. P O Box 336 Indiantown, FL 34956 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) SEE ATTACHED EXHIBIT "A" CHANGE ORDER NUMBER: 1 INITIATION DATE: 12/22/08 CONSULTANTS PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C08-02-053 CONTRACT DATE: 2/12/08 The original (Contract Sum) was.............................................................................................................................. $193,283.73 Net change by previous authorized Change orders............................................................................................................... $ -0- The (Contract Sum) prior to this Change Order was................................................................................................. $193,283.73 The (Contract Sum) will be increased bythis Change Order.................................................................................................................................................... $8,257.00 The new (Contract Sum) including this Change Order will be.................................................................................. $201,540.73 The Contract Time will be unchanged by.................................................................................................................. ( -0- ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 12/31/08 Funds Available: Account Number 318101-4113-563000-43105 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie Countv. Enaineerina Division Architect/Engineer 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 12/22/08 By: Craig Hauschild, P.E., Ass't. Cty. Engr. Date Agreed To: Sheltra & Son Construction Co.. Inc. Contractor P O Box 336. Indiantown. FL 34956 Address By: Date Approved: Public Works Department St. Lucie County Department 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 12/22/08 By: Donald B. West, P.E. P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney T o O a 4 LM O p v � ate+ X ~ a LU O O N O O � co N O 0 Cf7 N 60 r Y Q Q% 4% r.Zr lt) n ' M d w m C t6 w .a aD � N r +d N a O � co O N Q Q W G a o � N O o W : a� y U C Z (6 N U Z O. Q uJ N W v O N 0 N U7 V C W N rn c t6 v r 0 � on O ap r N 1,7 Lo O 4 V- O tc) 0 rM d' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. VI-D5 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PR SE TED BY: A<4 Micha I V. PowleyoP.E. County Engineer SUBJECT: Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 67. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in: 101-4115-563003-19014E Transportation Trust - Engineering Public Works - TROPICAL STORM FAY. PREVIOUS ACTION: 10/21/08 — BOCC approved WA No. 3 with Miller Legg in the amount of $57,350 for design. 11/17/08 — County Administrator executed a contract with Johnson -Davis Inc. in the amount of $11,750. RECOMMENDATION: Staff recommends the Board approve Change Order No. 1 to the contract with Johnson -Davis Inc. (C08-11-540) for repair of Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 67 in the amount of $22,800, and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: 14 APPROVED ( ] DENIED [ ] OTHER Approved 5-0 �•'J Douglas Anderson County Administrator [x] County Attorney [x] Mgt. & Budget [x] ��rT' ' Originating Dept. Public Works Daniel McIntyre Road/Bridge Marie Gouin [x] County Engineer -0'4"[i)yAeoOther Donald West fT [x] Don Pauley _ Michael Powley ANY] — Sneed Road C67Johnson Davis.ag Page 1 of 2 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer��' DATE: January 6, 2009 SUBJECT: Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 67 As a result of Tropical Storm Fay, Sneed Road at North St. Lucie River Water Control District (NSLRWCD) Canal No. 67 incurred damages that would result in imminent failure of the culvert. The Federal Highway Administration has declined to assist us with any reimbursement. We cannot afford the full $250,000 (+/-) construction cost ourselves and we will lose the road if we do nothing. Attached is Change Order No. 1 to the contract (C08-11-540) with Johnson - Davis Inc. in the amount of $22,800 for dewatering and sleeving of the existing culvert (inserting a slightly smaller pipe into the larger existing pipe) in Canal No. 67.This work will allow us to accumulate construction funds over several years. This brings the current contract price to $34,550. Attachments — CO No. 1 —1 page Exhibit A —1 page Page 2 of 2 -HANGE ORDER ST. LUCIE COUNTY 2ROJECT: Sneed Rd. @ C67 Emergency Culvert Replacement TROPICAL STORM FAY name, address) rO (Contractor): Johnson -Davis, Inc. iO4 Hillbrath Dr. .antans, FL 33462 'ou are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — (Yes) CHANGE ORDER NUMBER: 1 INITIATION DATE: 12/17/08 CONSULTANTS PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: COS-11-M CONTRACT DATE: We 'he original (Contract Sum) was................................................................................................................................ $11,750.00 Jet change by previous authorized Change orders.............................................................................................................. $ -0- 'he (Contract Sum) prior to this Change Order was.................................................................................................. $11,750.00 'he (Contract Sum) will be increased oythis Change Order................................................................................................................................................. $22,800.00 'he new (Contract Sum) including this Change Order will be................................................................................... $34,550.00 'he Contract Time will be increased.......................................................................................................................( -0- Days) 'he Date of Substantial Completion as of the date of this Change Order therefore is: 3/2/09 'unds Available: Account Number 101-4115-563000-19014B 'he adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed ie Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that ie stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays ssociated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work nder this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a 3sult of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope -f the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor iat the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change )rder after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie Countv. Engineering Division Architect/Engineer 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 12/17/08 By: Craig Hauschild, P.E., Ass't Co. Engr. Date Agreed To: Johnson -Davis, Inc. Contractor 604 Hillbrath Dr., Lantana, FL 33462 Address By: Date Approved: Public Works DeDartmen St. Lucie County Department 2300 Virginia Ave.. Ft. Pierce. FL 34982 Address 12/17/08 By: Donald B. West, P/WI Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney Q o000000 00 ++ o c o 0 0 0 0 Ct N GO if U � t M r- � v x Ev3 E9 EA fA ia fA W rn O o 0 00 0 0 0 0 N 0000000 6666666 N O O f- 0 0 0 0 t O V- N N to 1n 1- � fA EA EA iH l0 V � r-�000ie;oo U V L _ 0 O L C O V L d 3 N n L d a o U- d _rn v 7 E J � c +•+ E Q Z O D N i+ CDN O N C C N O O t c6 >CD aEiaEi cUoo �Q_'`v ° o 0 O E M Q 0 0U- C s C C C t0 O0) O N a 0 ° m m di O O O m CO) I' o N 22a:0-000 W O Qmo�mQm _ � �L "L VL W � � oc._ Z 8.2 - o = a t�UZQ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. VI-D6 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESE TED BY: S I P n1tr �_ Mlcha I V. Powle , P.E. County Engineer SUBJECT: Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 64. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in: 101-4115-563000-19014A Transportation Trust - Engineering Public Works - TROPICAL STORM FAY. PREVIOUS ACTION: 10/28/08 — BOCC approved WA No. 4 with Creech Engineers Inc. in the amount of $59,900 for design. 11/17/08 — County Administrator executed a contract with Johnson -Davis in the amount of $12,000. RECOMMENDATION: Staff recommends the Board approve Change Order No.1 to the contract with Johnson -Davis Inc. (C08-11-541) for repair of Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 64 in the amount of $22,000, and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: [)d APPROVED [ ] DENIED [ ] OTHER Approved 5-01 Douglas Anderson U County Administrator [x] County Attorney [x] OMB/Purchasing A°Aj"� Lx] Originating Dept. Public Works Daniel McIntyre Marie Gouin w Donald West [x] County Engineer t �) [x) Don Paule Y W1 [ ] Grants/Disaster Recovery Michael Powley Road/Bri a William Hoeffner Sneed Road C64 Johnson Davis C01.ag Page 1 of 2 DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: January 6, 2009 SUBJECT: Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 64 As a result of Tropical Storm Fay, Sneed Road at North St. Lucie River Water Control District (NSLRWCD) Canal No. 64 incurred damages that would result in imminent failure of the culvert. The Federal Highway Administration has declined to assist us with any reimbursement. We cannot afford the full $250,000 (+/-) construction cost ourselves and we will lose the road if we do nothing. Attached is Change Order No. 1 to the contract (C08-11-541) with Johnson -Davis Inc. in the amount of $22,000 for dewatering and sleeving of the existing culvert (inserting a slightly smaller pipe into the larger existing pipe) in Canal No. 64.This work will allow us to accumulate construction funds over several years. This brings the current contract price to $34,000. Attachments — CO No. 1 —1 page Exhibit A —1 page Page 2 of 2 CHANGE ORDER ST. LUCIE COUNTY PROJECT: Sneed Rd. @ C64 Emergency Culvert Replacement TROPICAL STORM FAY (name, address) TO (Contractor): Johnson -Davis, Inc. 604 Hillbrath Dr. Lantana, FL 33462 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — (Yes) CHANGE ORDER NUMBER: 1 INITIATION DATE: 12/17/08 CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C08-11-541 CONTRACT DATE: n/a The original (Contract Sum) was................................................................................................................................ $12,000.00 Net change by previous authorized Change orders.............................................................................................................. $ -0- The (Contract Sum) prior to this Change Order was.................................................................................................. $12,000.00 The (Contract Sum) will be increased bythis Change Order................................................................................................................................................. $22,000.00 The new (Contract Sum) including this Change Order will be................................................................................... $34.000.00 TheContract Time will be increased.........................................................................................................................( -0- Days) The Date of Substantial Completion as of the date of this Change Order therefore is: 3/2/09 Funds Available: Account Number 101-4115-563000-19014A The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie Countv. Enaineerina Division Architect/Engineer 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 12/17/08 By: Craig Hauschild, P.E., Ass't Co. Engr. Date Agreed To: Johnson -Davis, Inc. Contractor 604 Hillbrath Dr., Lantana, FL 33462 Address By: Date Approved: Public Works Department St. Lucie County Department 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 12/17/08 By: Donald B. West, P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney ' Q o 0 0 0 0 0 0 o0OOOOO ;•+ 00000coo � o000000 ONON�tc)1� r. e- N P1 r � V- 03, W� rn 0 0 0000000 N 0000000 N 0 0 0 L 0 0 0 0 ONc�N0OI- <fi 6H 69 cp Efl 69 6s 64 m d O O O O O O O V CL crj co ch O O ' c'M i w U L J J J J Q U J O L O V L N d a d o > LL .c ai _O = 'v E > > E .� a r rn 0 c o C o Z co U N N CN CD N O U C O '� � a� 4) 4) v L— = = �O_►o o m M C > goc c o 0 o f o oLL c N U) d O O M o c0 N r C# O O O. N N c N N -,)Do m co m a U U W 0 (D < 0 C14 < m ci O W E Lo v 0 C cn j Z U � N O O aCi0 ° zQ ,► f AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ROAD & BRIDGE ITEM NO. VI-D-1 DATE: January 61h, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Donald Pauley Road & Bridge Manager SUBJECT: Award of Bid #09-006 Striping and Pavement Markings BACKGROUND: See attached memorandum. FUNDS WILL BE MADE AVAILABLE IN: 101003-41137-546200-4910 Maintenance Improvement Projects PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to award the contract of striping and pavement markings to both Whiteleaf, Inc. (Gene's Striping) and Oglesby Construction, Inc. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: efi)ouglas M. Anderson County Administrator Coordination/Si nag tures County Attorney: Management & Budget & Purchasing:�,�Q Dan McIntyre Originating Dept: Public Works: Other: Don Pauley 4Dod B. West Finance: (Check for Copy only, if applicable) Page 1 of 2 It ROAD & BRIDGE DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Donald Pauley, Road & Bridge Manager �r1 DATE: January 6 h, 2008 RE: Award of Bid #09-006 Striping and Pavement Markers ************************************************************************************************ BACKGROUND: Road & Bridge has a three year contract for Striping and Pavement Markings that will expire on January 27tb, 2009. We need to award new contracts so that continuous service will be available to ensure the public's safety on our roadways. We are requesting to have two contracts put in place with both Whiteleaf Inc. (Gene's Striping) and Oglesby Construction, Inc. as we feel two contracts would be the most efficient way for the County to proceed. It would be advantageous to the County to have options available, if one contractor's schedule is heavy and cannot accommodate the County, the other Contractor would be used. The bid from Whiteleaf, Inc. (Gene's Striping) is the lowest bidder overall. The most common stripe the County uses is a 4" and 6" stripe; Oglesby Construction was substantially lower for this type of stripe. There are various items within the bid package that we use; Whiteleaft, Inc. shows a lower cost to these items. Since there are definite cost savings to the County from both contractors, we feel it would be beneficial to award a contract jointly to Whiteleaf, Inc. and Ogelsby Construction, Inc. We feel by awarding a contract to both contractors, we will be ensuring the frugal use of the taxpayer's money. (See attached A-1). RECOMMENDATION Staff recommends Board approval to award the contract of striping and pavement markings to both Whiteleaf, Inc. (Gene's Striping) and Oglesby Construction, Inc. Page 2 of 2 -Ul g �g@ @g $g $g g �q � g Q t ii 8 � It F g pI I I 111° I iiIiiII till I [ m � $$$ uoa+o § § $� Nc 0 i S bS0 MM q O a ,T NM(M� O N, p O. « a x N NpM ii A p p pN fs MMMp NO N J p pp SO i » a Qh a0O. i �j yy�� C C y�. C it is a is 9 x} i 1P a N tii `I ��q+ QM a e S Q N 1 o 1 V i�2S 25 2515ii5S2Si5 25 2S. aa 2SZS i5iS25 S252S2S pNM s� NNyy NN s r C pp Np a w ONO O 0p 0. s O S 0 MMMMMMM 0 0 0 0 a S = q ppN1 8 r C N N + Y '< G �1 O (N��Np_p O M M O, N i O 8N O O ®«Q 'Ae0i G a • O Ma O N O MM O O C a O O O O C N $ y T 'A 40 ■r , P(N� O O O O O O. O O O O j ffi 8cc q+N NiU$ N gW t7�r�tggD q �Up�j �qpj pVpm8pqp 41 OO Y pp L, pN O MMMq CAWE N0 4 Mpp V M« M M �,1 W o p O y}� O OUR: �� C 8�qp� O £ N p�ap(V� 8 N pU�(p�(p��p� O SO �rp C £ N N N M 8�pp O C w 8 � N p� N O qp £ N i 8 p N008 00 00 00 0 OOO v r i4 a a M ii a s, N l4tS, �tSlSiS a ISfs ,a 19 s N � , NN _ O pMN� tl o N pp 000 �pp8 p gig Epp 0 8 -1 Ar p 4 gppS 000 _ r•1 L ( iS Np O i (per O N� R M}�M ib O �N 01m aqO, M c , w ,O MM m O C aS �► {(pp�� Ep�ppp (4�1 M _ Nip► apN « pp_� y sjZ 800 � fJ (/� O �S 005�0 r W � u i .4 M w v + ri :,4 . ` y�pp tf�i�r. m �8'25�g o $,�i'ogS3'75�525�75 �°' Y qy qq C. .T pp � VM. MM O e3 w^ MMyM� OOM S � 1 N + a S yN � qq a N S q MM OM9 c S ini a Mg- P g- �00�6 �Vj tgJ g $ q 3 i7'A. ppO .gO 8�0 Oa 0, N 'SL• i gis � 699 fJ M !.� � a p� NgN � MO gW 061O MO, �Nj qO �aj r NG� N$a O �$+N O NO O � O� C NN G °s N • .. MM Nq C � N M O. a O N C {@� !�, My Oo N qS C gN�pgq C 'S S p S 3 /r � r a Q pp MN+N s - pan q p �t5 a O� £ � O £ �yuqq O! N �_ qq N pp f s s :SOS s a 6 P -i' M is to gS % iS 7S 25 2S �5 �+ OpQp+ V V M +Q�4pppp+ is W {8T /1 N� (p Mp {p+�� 80 qqV Npis mQ ypL pV w v z Q Z v s m 3 m Q to V m r tc� C O D v Q� m W 0 CO 0 O Y V J m n a N a Z Y 0: cQ G Z W Q a 0 'Q V Z U) I 1 J d Vi o00000 00 N Oth Opp Opp (OSN S 0 000000 0Gp mO�O99 pppp SS 8 8 O U 0 p o 0 � 0 O N Wwn N 0 <V S F WO t V nLO ww �rf�n wwNw �inHywwwww not nnc�io Uo 2� iv o $tcq 008Si000Q o � a Z 7xOt1 0 t www�H o3noa51�7io 3 H"�' 9 Q F F ~ .R n e = N� K ow N pN N N N pO fO H W pNn y M f I i N pp 1 L l» « e- M p O { 7 {I r O 7 y ado Sao �(1 (q g dO'. N�V 6 � SOBpp In ID l�Vn pppppo8 N O 3 ; 1pa N 0 N � p O wi N C S{(pS�ppopBspNs8g8o S 10 0 tp {D AV S O s � � G NHw Ww V V/N IA NIH �Sp ��V Y►Ma ENV iR O V1 s p� �i N{ND �Sy HN 0 NN N MNH 17Nto 0 W F� F 6 FG d �• q F NaNN W co N N' pOp N N QQ N N 1�11? p WCVww .- 00 ppN pN p�o�p yO�p 00 = N N > O > D D y y z D N N « F W QgS000 ��7Vi�g�Sg$ggo25cZSi7i�n�� ogQSSg S o So 0 Q QQ o o �S 0W e $ N', 1 NNO tO O0 fN9 NN N m« w W M NpNy pN N M pp MN apfO sn lO� ,N w pO N wryO f0W9 C C V I J C C O OSy8 O O O O O O O NPn'f�NNat O G O p Op p Op 17 l�'l N O t o O 1 q OWi H W O O i V N N aS H N llftl�O�1� w fV K M P N N H m y y n C 7 N w N H co ZN F H � O O SSSS�Oo mN< V m O arl0800Sa � mn�V pOp nl�np Opp pp O011ls�V - N (7 ON (>� n W i1 m �O LL F F • pNpIp-LIpnnNp O0jj �0Vy n 88a u � > > _A _ $ C �+ CO o.q 0 001fQ 0 0`0 O Q -R 9i O O: w g N�$S C �Qg 8wmorm to M f �NW N aaNN A �S9 Np�ooprypog W pc a�pO�a��(SyV n (pro pNplcpn p N pNapp�:uni• N N N N o(oV Sry w C > « oSoo'ca 'R08 o, � o0 g�a c4NaN 00 0 w5 _ o �c �S 8° o $S� aS O C w wNN O � N w N N9 w f7 N ww � � � HNN MN b H NN N NN H f F • f F « O coo �wi Np�pO ViN « p O ViNNNNN�W Yp pp O n oO Ny �-'Q-p N.s$ pO Via N « Vp:p NSi npN50�la��V 19 Vi Nl%iN VI N� ON « ti « > > 7 88 Z > Zet a A N o00 ���g�i$ 0 Q0Q0 05� Q0Q YY ww`.�sww� w H {p N iu .� 1- W N OO O1pO�OlpppOpp1��8888O OSS Z N 0 BOOSpO : 4 9 W y p OV W t o «� pOO t 7 N �0 10ow w N r LL� s F 6 H • F p u qINw NWNo R ww vi NNy O N y 8 Nw j amql`� d 9W NNN « y8 _� S 9 86 686 0 aa S S N apao0opppp0 t A O V f 0 S o a 000��pp U f y Soo S S o 8 a 0 8 o O N pSpopp S S pp O N 0 O oS N A N 8 GG OwfONw 8 ttO0 c p w C O f�0�0 w� pO W In N C SSA N fO 1 n t+7 6 7 H « wN W� H W HN �� N 1NHOIDS HH NNN MOF ONNp w fOA 7O w W p� fpo'1M N W pNp NKKw ppMl9 NOS �N p ID w O H� Tq �-oopp NNN pp N w oMo N N MNN oo qp pppaOS(SV w pp {O W DO 1A w _ N ; ; ; �> C NwN « C > H O Opp O pppp S8 O p p p ON O O O p8 S S pp 8O O O p O pp S S O p O p Op� O O pp p cal Op pp O p O O NTOOf y pgpp l� O V tONNOSww SOf N 8 O p Ol0 pO O 1 t(DVOSO NNN S 462 w Q 0 f N w N w Q N w ��yy 7 f F F F«O F«o F« O r �a WOA wW c4T x n uy 0W 00 Nw N N gWNN fYN�{y�V p poO W W W a N J O O O J J O O U J I O$ -j u. S O u. V O �p p W U U �p W W LL J oQ 69� ~ J J C S 8 LL O J ! LQ OY+ J LL O S LL pj O b u J W tp W W IL Q L t U V tp 1p f C N O .- N-a N S p o N N O O N O N O C N C �pQ? p N N N N W W O N 2 y W s u "va zQSp g g ,� E W pg g.Y 3p = `u W ` i45 V zQ i1. o c Y g a W a 3 016 a itK 2 < W"" Y C P. P. 75 < W I.-y+N i � y b 8 H J �8 E 2'ai $y mb a y �. (aL � ; g i p 'j� 8z y a Y � rev m dE•vE 9 a9 a �aa � SS`o 7 7 7 O C Z Z . AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. VI11-9 - DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] -- - - -- .J..---' SUBJECT: Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District (NSLRWCD) Canal No. 68. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds available: Funds will be made available in: 101-4115-563000-19014C Transportation Trust - Engineering Public Works - TROPICAL STORM FAY. PREVIOUS ACTION: 9/2/2008 — BOCC approved Work Authorization No. 1. (C07-07-387) with Miller Legg for the emergency culvert design of Sneed Road at Canal No. 68 in the amount of $57,350. 10/7/2008 — BOCC awarded the construction contract to the low bidder, Sheltra & Son, in the amount of $214,115, for the Emergency Culvert Replacement at Sneed Road and NSLRWCD Canal C-68. 10/28/2008 — BOCC approved the First Amendment to Work Authorization No. 1 to incorporate a Davis -Bacon Compliance Task into the scope of services in the amount of $1,831.58, RECOMMENDATION: Staff recommends the Board approve Change Order No. 1 to the contract with Sheltra & Son Construction, Co. Inc. (C08-10-463) for the Sneed Road Emergency Culvert Replacement at NSLRWCD Canal No. 68 in the amount of $2,688.20, and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: [APPROVED [ ] DENIED [ ] OTHER Approved 5-0 Douglas Anderson IJ County Administrator [x] County Attorney 6J [x] OMB/Purchasinglw' ' �v� [x] Originating Dept. Public Works Daniel McIntyre Marie Gouin Donald West 7A [x] County Engineer v [x] Don Pauley W i [ ] Grants/Disaster Recovery Michael Powley' Ww— Road/Bride William Hoeffner Sneed Road C68 Sheltra & Son CO1.ag Page 1 of 2 4A r DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer�� W DATE: January 6, 2009 SUBJECT: Sneed Road Emergency Culvert Replacement at North St. Lucie River Water Control District Canal No. 68 As a result of Tropical Storm Fay, Sneed Road at North St. Lucie River Water Control District (NSLRWCD) Canal No. 68 incurred damages that resulted in culvert failure. Attached is Change Order No. 1 to the contract (C08-10- 463) with Sheltra & Son Construction Co. Inc. in the amount of $2,688.20 for modification to the design. Current contract price is $214,115. Attachments — CO No. 1 —1 page Exhibit A —1 page Page 2 of 2 C14ANGE ORDER ST. LUCIE COUNTY PROJECT: SNEED RD. a NSRWCD Canal 68 (name, address) Emergency Culvert Replacement TROPICAL STORM FAY TO (Contractor): Sheltra & Son Construction Co., Inc. PO Box 336 Indiantown, FL 34066 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED EXHIBIT "A" CHANGE ORDER NUMBER: I INITIATION DATE: 12/9108 CONSULTANT'S PROJECT NO.: WA ST. LUCIE COUNTY CONTRACT NO: C08-10483 CONTRACT DATE: 11017108 The original (Contract Sum) was... ...... --- ... - ............ ........... ................. .............. .................... - ........... $214,115.00 Net change by previous authorized Change orders..... . ... ...... --- ....... ........ ............. ........... ... -- ......... ....... ......... $-0- The (Contract Sum) prior to this Change Order was -. ................................. -.- .......................... -- ...... - ........ ...... . $214,116.00 The (Contract Sum) will be increased bythis Change Order...... ....................................................... .............................. - ........... ...... ....... ...... ................. $2,688,20 The new (Contract Sum) including this Change Order will be ............... -- ....... -- .............. ........ ................... - $216,803,20 The Contract Time will be increased :by..... ..... ..... ........ .................................. ............ ................................... ( 10 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 1/29/09 Funds Available: Account Number 101-411,5-5WOO-19014C The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or Urne adjustment due orowed the Contractor for the work or changes defined in "this Change Order. Byexecuting this Change Order, the Conlractoracknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays fdr all work contained In the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts orripple~ on ail other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual a000rd and satisfaction for the adjustment in contract prim or Owe as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order., subject to the current scope of the entire work asset forth in the Contract Documents. Acceptance of this waiver constitutes an agreement'between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: bL Luce togumv. t:ngineenng vivision Archftect/Engineer 2300 Virginia Ave., Ft. Pierce, FL M82 Address 12/9108 By: Craig Hauschild, P.E., Asst.-Co. Engr. Date Agreed To: Sheltre & Son Construction Co., Inc, Contractor P 0 Box 336, Indiantown. FL 34956 Address 1 1-z -a f53-L 'Date' Approved: Public Mr St. Lucid County Departr-nent - 23M 1 Viroinia Ave., Ft. Pierce, FL 34982 Address 1219/08 By: Donald B. West, P.E. P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney o 0 m 0 ko LD V Go CD 0 vi, Ci M M -C xd,4,3. CD AO 0 0 40 Lf) 8 8 *a 'o IR 0 0 0 0 LO ig M to C) 00 0 LO to LO m 0 $4 f— ta, iff OC C,4 C%l co LLI W U. LL IL U- C.) C.) Ir i c z 00 w v C4v c c 0 O 0 0 I I 0 co w w CL as SM C-4 UJ U) a -0 w m ko G) '4 N cli a 12 cc 0 1 N CN4 4 CL m XN uj 0-0-21 z 4 1 8 14t X t I a. 0 0 Q z I,- 0 AGENDA REQUEST ITEM NO. VI -El TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recove DATE: January 6, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: William Hoeffner SUBJECT: Approve an agreement with the Florida Division of Emergency Management (FDEM) to accept grant funding from FDEM and the Federal Emergency Management Agency (FEMA) for disaster relief funding for Tropical Storm Fay. Funding assistance was requested on August 26, 2008 and funding requests for specific projects (project worksheets) have been submitted to FEMA since then. The signing of the agreement by the Chairperson will allow disaster relief funding to be received. nnr Vt1-Rnrrnrn, FUNDS AVAIL.: See attached memorandum It is estimated that, as a result of Tropical Storm Fay, St. Lucie County will experience approximately $8,500,000 in expenses for disaster response and repair of damage to facilities. The grant requires a maximum local contribution of 25%. In past disaster events, the State paid for half of the required local contribution. The grant agreement stipulates "payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share." County staff has been advised the State will again contribute 50% of the local contribution. Assuming this to be correct, the County's contribution will be 12.5%. It is therefore estimated that the County's contribution will be $1,062,500. However, if the State does not approve an appropriation and the County is required to pay the full 25% local contribution, the County's contribution could be as high as $2,125,000. Funds are available in the County's Emergency Reserve Fund (001-9910-599301-800). PREVIOUS ACTION: The Board approved the submittal of an application for grant assistance from FDEM and FEMA on August 26, 2008. RECOMMENDATION: COMMISSION ACTION: Staff recommends the Board approve the agreement to accept disaster relief funding from FDEM and FEMA. [XI APPROVED Approved 5-0 [ ] OTHER: Review and Approvals �, County Attorney: Daniel McIntyre Originating Dept: William Hoeffner CONCURRENCE: tJDouglas Anderson County Administrator Management & Budget: Marie Gouin Jennifer Hill 0 _ ST. LU C I E COUNTY �� rc GRANTS / DISASTER RECOVERY Cou Ty • I D A DEPARTMENT MEMORANDUM To: Board of County Commissioners From: William Hoeffner, Grants/Disaster Recovery Director 4?V Date: January 6, 2009 Subject: Agenda Item VI-L1 On August 19th and August 20th, 2008, Tropical Storm Fay impacted St. Lucie County resulting in widespread flooding and wind damage. It is estimated St. Lucie County will incur approximately $8,500,000,000 in expenses for disaster response and repair of damage to County facilities. Please see attached spreadsheet delineating County expenses. President Bush declared a federal state of emergency which allows disaster response and recovery funding from the Federal Emergency Management Agency (FEMA). The Board of County Commissioners approved the submittal of an application for FEMA Florida Division of Emergency Management (FDEM) funding on August 26th, 2008. Since then, County staff has been working with FEMA representatives in writing requests for funding for specific projects (project worksheets). On December 23, 2008, a grant agreement was received from FDEM. Approval of the grant agreement will allow FEMA and FDEM disaster relief funding to be received. The grant requires a maximum local contribution of 25%. In past disaster events, FDEM paid for half of the local contribution. The grant agreement stipulates "payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share." County staff has been advised the State will again contribute 50% of the local contribution. Assuming this to be correct, the County's contribution will be 12.5%. It is therefore estimated that the County's contribution will be $1,062,500, However, if the State does not approve an appropriation and the County is required to pay the full 25% local contribution, the County's contribution could be as high as $2,125,000. Funds are available in the County's Emergency Reserve Fund (001-9910-599301-800). RECOMMENDATION: Staff recommends the Board approve the agreement to accept disaster relief funding from FEMA and FDEM. i DEPARTMENT PROJECT CONTACT LOCATION PROJECT COST Airport Clean-up and repair of Diana Lewis Airport airfield lights $8,923.56 Airport Clean-up/repairs to new Diana Lewis Airport runway $7,012.00 Overtime hours for Exempt Employees for Public Works, Media, Community Services, Parks, Disaster Recovery, Code Compliance, Mosquito Control, Road&Bridge, Miscellaneous Countywide and IT $12,545.23 Overtime hours for Non - Public Safety EOC Exempt Employees $22,509.45 Overtime Costs for Non - Exempt Employees for Central Services, Parks, Media, Airport, and Miscellaneous Countywide Community Services $3,161.46 Pvertime Costs for Non - Road & Bridge Countywide Exempt Employees $11,323.49 Repair of offices at Central Services Supervisor of Orange Blossom Don McLam Elections Busines Center $67,000.00 Central Services Smithsonian Repair of miscellaneous Don McLam Marine Center damages $1,370.00 Oxbow Central Services Environmental Repair of foot bridge and Don McLam Center erosion $2,800.00 Mosquito Control Overtime hours for Non - Jim David Countywide Exempt Employees $6,338.02 Mosquito Control Jim David County Aerial Spraying $69,789.60 Mosquito Control Jim David Countywide Chemicals for Spraying $18,253.40 Mosquito Control Mosquito Replace 8 failed aerator Jim David Impoundments motors $4,076.00 Parks&Rec Guy Medor Lawnwood Baseball Widscreens $6,843.00 Parks&Rec Tennis Courts Guy Medor Lawnwood Windscreens $3,300.00 Parks&Rec Guy Medor Tradition Field Water Intrusion $3,437.68 Parks&Rec Guy Medor Tradition Field Windscreens $20,000.00 Parks&Rec Guy Medor Tradition Field Fence $5,000.00 Parks&Rec Guy Medor Tradition Field Waterproofing $9,000.00 Parks&Rec Guy Medor Fairwinds Water Intrusion $2,475.00 Public Safety Emergency repair of lift Mary Padrick EOC station $1,100.00 Public Safety Mary Padrick EOC Repair of generator $2,330.00 Repair of approaches: earthen fill, base rock, Public Works Gordy Road asphalt and armoring John Frank over Ten Mile ($55,000 per side) $110,000.00 Glades Cut -Off Pipes were blocked and Canala vegetation had to be Public Works Emergency removed to restore John Frank Cleaning drainage $40,000.00 Rangeline Road Pipes were blocked and Canal vegetation had to be Public Works Emewrgency removed to restore John Frank Cleaning drainage $10,000.00 Pipes were blocked and Carlton Road vegetation had to be Public Works Swale removed to restore John Frank Emergency drainage $8,000.00 Repair/Replacement of Public Works Myrtle Dr. @ cross pipe and pavement John Frank Scott St repair of roadway $14,756.00 Admiral St. Culvert Repair/Replacement of Public Works Replacement @ cross pipe and pavement John Frank Cortez Blvd. repair of roadway $250,000.00 Esplanade Culvert Replacement @ Repair/Replacement of Public Works Cortez cross pipe and pavement John Frank Boulevard repair of roadway $250,000.00 Taylor Dairy Road - 1/4 mile South of Indrio Repair/Replacement of Public Works Road cross pipe and repair of John Frank (approximate) roadway surface $9,679.33 Replacement of 24" Public Works diameter outfall pipe and John Frank Canal Road 2 repair of roadway surface $8,900.00 Replacement of 60" Public Works Knight @ diameter cross pipe and John Frank Shuman repair of roadway surface $12,038.50 Calmoso Drive Culvert Replacement between Repair/Replacement of Public Works Goodrich St. & cross pipe and pavement John Frank Airoso Blvd. I repair of roadway $500,000.00 Lucero Drive Culvert Replacemtn between Sandia Repair/Replacement of Public Works Street and cross pipe and pavement John Frank Prineville Street repair of roadway $500,000.00 Carlton Road, Germany Canal Road, Regina Drive, Eastwood @ Miramar, Green Dolphin Pumps to reduce @Miramar, flooding fuel for Public Road & Bridge E.Seminole @ Health and safety Don Pauley Miramar, (flooding) $67,055.33 Repair water quality monitoring equipment. Public Works Additional electrical Jason Bessey Platt's Creek uisage not eligible. $3,475.70 Platt's Creek Facility Remove Debris and Public Works Emergency sediment within the Jason Bessey Clearing stormwater facility. $50,000.00 Solid Waste Landfill Leachate $500,000.00 Utilities S. Hutchinson Laurie Case Island Uprooted tree $23,750.00 McCarty Road SW & SE corner of over Ten Mile approach slab is Creek — South undermined. Emergency Bridge (Bridge # repairs would involve 940030) earthen fill, base rock, Public Works FHWA# asphalt and armoring. John Frank 94540000 ($30,000 per side) $60,000.00 Old Dixie Highway over Taylor Creek (Bridge # Repair of approaches: 940029) earthen fill, base rock, Public Works FHWA# asphalt and armoring John Frank 94040000 ($25,000 per side) $50,000.00 Keen Road over FPFRWCD Canal 1 (Taylor Repair of approaches: Creek) (Bridge earthen fill, base rock, # 940037) asphalt and sheet pile Public Works FHWA# armoring ($75,000 per John Frank 94631003 side) $150,000.00 Curb inlet failure and damaged gutter. Erosion of embankment below Picos Road the inlet structure. overpass over Replacement of curb Florida Turnpike inlet, concrete gutter, Public Works FHWA# embankment and John Frank 94000104 placement of sod. $23,750.00 Orange Avenue Erosion failure of overpass over embankment. Florida Turnpike Replacement of Public Works FHWA# embankment and John Frank 94070000 placement of sod $60,890.00 Culvert replacement (failed/collapsed culvert). Replacement of large culvert, with concrete headwalls, replacement Sneed Road & of pavement at pipe NSLRWCD crossing, and Canal No. 64 miscellaneous earthen Public Works FHWA# embankment and John Frank 94635000 sodding $350,000.00 Culvert replacement (failed/collapsed culvert). Replacement of large culvert, with concrete headwalls, replacement Sneed Road & of pavement at pipe NSLRWCD crossing, and Canal No. 67 miscellaneous earthen Public Works FHWA# embankment and John Frank 94635000 sodding $350,000.00 Culvert replacement (failed/collapsed culvert). Replacement of large culvert, with concrete headwalls, replacement Sneed Road & of pavement at pipe NSLRWCD crossing, and Canal No. 68 miscellaneous earthen Public Works FHWA# embankment and John Frank 94635000 sodding $350,000.00 Lakewood Park Culvert Replacement - Kings Highway Replacement of 24" @ Bellaire diameter cross pipe and Estates pavement repair of Public Works FHWA# roadway and adjacent John Frank 94000003 bike path $14,758.00 Lakewood Park Culvert Replacement - Kings Highway Replacement of 24" @ Pensacola diameter cross pipe and Road pavement repair of Public Works FHWA# roadway and adjacent John Frank 94000003 bike path $13,436.00 Lakewood Park Culvert Replacement - Kings Highway Replacement of 24" @ Fort Walton diameter cross pipe and Ave. pavement repair of Public Works FHWA# roadway and adjacent John Frank 94000003 bike path $14,106.00 Oleander Ave Culvert Replacement @ Ulrich Road Replacement of cross Public Works FHWA# pipe and pavement John Frank 94560000 repair of roadway $22,560.00 Repairs to wires, spanwire brackets and cables, disconnect Road & Bridge Signal repairs hangers, realignment of Donald Pauley @22 locations heads and signs $7,115.00 Verada Ditch Banks have failed: 1.9 (Lakehurst, mies earthen fill, rip rap/ Public Works Airoso, Verada articulated block, John Frank & Solida) sodding $2,680,189.00 Platts Creek Emergency Pipes were blocked and Cleaning - vegetation had to be Public Works Menzi Muck removed to restore Jason Bessey (flooding) drainage $50,000.00 Public Works C-25 @ Taylor Banks have failed: 200' John Frank Creek Spillway sheet piling bulkhead $1,675,119.00 TOTAL I 1 1 $8, 518,165.75 AGENDA REQUEST ITEM NO. VI - E 2 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants and Disaster Recovery PRESENTED BY: William Hoeffner, Director*4;1 SUBJECT: Approve changing the name of the St. Lucie County Historical Museum to the St. Lucie County Regional History Center. BACKGROUND: Across the nation, historical museums are redefining themselves in terms of products, markets and consumers. Several years ago, the Orange County Historical Museum changed its name to the Orange County Regional History Center which increased their marketability in the central Florida area. Instead of being a static museum of artifacts, history centers serve as educational and research resources for the public. The proposed new name better reflects the two major missions of the Historical Museum which are: 1) to conserve the history of St. Lucie County and 2) to provide education and research services regarding St. Lucie County's history. The Historical Museum library, exhibits and staff already are perceived as a resource by students for research items for the school history projects or by adults seeking historical information. Since the Museum's mission focuses on showcasing the history of St. Lucie County's original 1905 boundaries, the term "regional" will better mirror the mission of the existing institution. The 1905 boundaries include Okeechobee, Martin and Indian River counties. To assist with branding the services of the Historical Museum, staff recommends changing the name to the St. Lucie County Regional History Center. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of changing the name of the St. Lucie County Historical Museum to the St. Lucie County Regional History Center. COMMISSION ACTION: gAPPROVED [] DENIED [] OTHER: Approved 5-0 Review and Approvals County Attorney: Daniel McIntyre vl- Originating Dept: William Hoeffner� CONCURRENCE: -b'1 Douglas M. Anderson County Administrator Management & Budget:Jenn'Qr 0Other: Patty Marston I ST. LUCIE COUNTY GRANTS/DISASTER RECOVERY DEPARTMENT ►I 4-i 101Z-TM 1W,1 TO: Board of County Commissioners FROM: William Hoeffner, Director 01 SUBJECT: Consent Agenda Item VI — L 2 St. Lucie County Regional History Center DATE: January 6, 2009 Historical museums across the country have been expanding upon their original function as sites to collect and showcase artifacts. Their widened and more important function is to serve as centers for history education and research. For that reason, many museums have been changing their names to "History Centers" to better depict this more expansive role within a community. After observing the transformation of the Orange County Historical Museum to the Orange County Regional History Center, it is apparent that the new name aided the recognition of the museum as more than a site for a collection of historical artifacts. The St. Lucie County Historical Museum has effected this same transformation during the past several years by serving as a field trip destination for Treasure Coast students, hosting historical educational events and serving as a research site for students and adults. To promote that expanded function and because St. Lucie County's Historical Museum's current exhibits and educational programming focuses on our 1905 boundaries that include Okeechobee, Martin and Indian River counties; staff recommends that the new museum name be changed to the St. Lucie County Regional History Center. This also will emphasize to the community the parallel history shared by the communities in southeast Florida including but not limited to: Ais early people, Seminoles, Spanish Treasure Ships, ranching, pineapples, citrus and fishing. Staff Recommendation: To promote the perception of the St. Lucie County Historical Museum as a center for history conservation, education and research; staff recommends the name of the St. Lucie County Historical Museum to the St. Lucie County Regional History Center. M AGENDA REQUEST ITEM NO. VI-E-3 DATE: January 6, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recovery PRESENTED BY: Roberta Breene, Grants/ Resource Developer SUBJECT: Authorization to: (1) change the pending grant agreement to move $2,000,000 in anticipated County Incentive Grant Program (CIGP) funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; (2) move $500,000 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road; and (3) continue to work with FDOT for the most beneficial solution for maintaining and maximizing the $2,000,000 CIGP funding. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: There is currently $2,500,000 in designated Transportation Bond funds for improvements to the intersection of Kings Highway and Orange Avenue (Account No. 318-4113-563000-4123, Infrastructure). There is currently $3,500,000 in designated Transportation Bond funds for improvements to the intersection of Kings Highway and Indrio Road (Account No. 318-4113-563000-44001, Infrastructure). PREVIOUS ACTION: On June 24, 2007, the Board approved submittal of a funding request to the Florida Department of Transportation (FDOT), County Incentive Grant Program in the amount of $2,500,000 to be used for construction of the intersection of Kings Highway and Orange Avenue. We have tentatively been awarded $2,000,000. On November 6, 2007, the Board approved submittal of a funding request to the Florida Department of Transportation (FDOT), Transportation Regional Incentive Program (TRIP) in the amount of $2,500,000 to be used for right-of-way acquisition for the construction of the intersection of Kings Highway and Indrio Road. We have secured these funds. On September 2, 2008, the Board approved submittal of a funding request to the Florida Department of Transportation (FDOT), Transportation Regional Incentive Program (TRIP) in the amount of $2,500,000 to be used for construction of the intersection of Kings Highway and Orange Avenue. We withdrew this application for lack of matching funds. RECOMMENDATION: Staff requests authorization to: (1) change the pending grant agreement to move $2,000,000 in anticipated County Incentive Grant Program (CIGP) funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; (2) move $500,000 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road; and (3) continue to work with MOT for the most beneficial solution for maintaining and maximizing the $2,000,000 CIGP funding. COMMISSION ACTION: CONCURRENCE: APPROVED [] DENIED [] OTHER: —' Approved 5-0 Douglas M. Anderson County Administrator Review and AoDrova CountyAttorney: Management & Budget. Purchasing: Daniel McIntyre Jennifer Hill Robert O'Sullivan Originating Dept: Grant5 Other: Public Works: Other: William Hoeffner W, Don West 4 _ Roberta Breene ffk Mike Powle _ Craig Hauschild Finance: (Check for Copy only, if applicable w. ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Roberta Breene, Grants/Resource Developer Date: December 23, 2008 Subject: BOCC Consent Agenda Item No. VI-L-3, January 6, 2009 Kings Highway and Orange Avenue - Construction Funding On September 2, 2008, the Board approved submittal of a funding request to the Florida Department of Transportation (FDOT), Transportation Regional Incentive Program (TRIP) in the amount of $2,500,000 to be used for construction of the intersection of Kings Highway and Orange Avenue. The application required that we demonstrate that we had at least 50% ($4,442,700) of the estimated approximately $8,885,400 intersection construction phase fully funded. We withdrew this application for lack of matching funds. In accordance with Board discussion and direction, the plan has been to use impact fees, grant funding and developer contributions to fund the construction of the intersections on Kings Highway. The Board has been instrumental in supporting contributions of proportionate share from developers. However, in this case, since developer contributions had not yet been secured, we began by working only with the designated $2,500,000 from the Transportation Bond fund (318-4113-563000-4123). Since we thought we had only this $2,500,000 in Transportation Bond funds as available match, and since we believed that developer contributions would be forthcoming, in order to try to identify the required match, we attempted to use a pending County Incentive Grant Program (CIGP) $2,000,000 award as a placeholder match until we would be able to secure the developer contributions. These CIGP funds were declared ineligible as match by FDOT. In addition, as a result of overlapping timing with the TRIP and the CIGP grants, the two applications had actually used all (TRIP: $2,500,000) or part (CIGP: $2,000,000) of the same available $2,500,000 in Transportation Bond funds as match. Therefore, because the CIGP and its $2,000,000 match could not be used as match for the TRIP grant, we then only had $500,000 left of the required match for the TRIP project. We were forced to withdraw the application. Also of note, the CIGP grant award of $2,000,000 for construction of the Kings and Orange intersection includes a requirement that we let the construction contract before the end of the current FDOT fiscal year (June 2009). We cannot let the contract during this period for two reasons: (1) 100% design plans are not due until April and are then subject to FDOT review, making it impossible to let the project by June 2009; and (2) we cannot let the construction contract without having the intersection construction project fully funded. FDOT is unwilling to extend the time requirement for letting the construction project on Kings and Orange, but may be willing to let us use the $2,000,000 CIGP and match funding toward the right-of-way (ROW) acquisition on Kings and Indrio. We are currently working with FDOT to find a solution that will allow us to retain the CIGP funding. i.e. by moving the CIGP funds and match to the Indrio ROW project. Otherwise, we will lose the CIGP funding. Separately, but related, we also have a previously -awarded TRIP grant for $2,000,000 for ROW acquisition at Kings and Indrio. This TRIP grant uses as match $2,000,000 of the $3,500,000 in available Bond funds for the Indrio intersection. If we use the TRIP grant for $2,000,000 for ROW at Kings and Indrio and are u. successful in moving the $2,000,000 CIGP award from Kings and Orange to Kings and Indrio along with $500,000 of the Kings and Orange Bond funds, we would have $2,000,000 remaining for future funding opportunities at Kings and Orange. Scenario 1— Current A B C D E Kings Hwy. Project Cost Transportation 50% 50% Designated Intersections Est. Bond Match Match Bond CIGP TRIP Balance Indrio ROW $8,000,000 $3,500,000 $2,000,000 $1,500,000 Orange $8,885,400 $2,500,000 $2,000,000 $500,000 Construction Scenario 2 — Moving CIGP Grant funds to Indrio A B C D E Kings Hwy. Project Cost Transportation 50%Match 50%Match Designated Intersections Est. Bond CIGP TRIP Bond Balance Indrio ROW $8,000,000 $3,500,000 2,000,000 $2,000,000 0* Orange $8,885,400 $2,500,000* $2,000,000* Construction * Moving $500,000 from Orange Construction to Indrio ROW in order to secure the $2,000,000 CIGP award funds Further complicating the process is an FDOT requirement that we now commit funds for the next three years. Our budget process typically does not allow us to commit funds in future years. In summary, at the time we submitted the application we actually had identified only $500,000 of the $4,442,700 required match to apply for the TRIP grant. We did not take the application back to the BOCC, because (1) we would not typically bring a request to the Board when we are unable to identify the required match, and (2) we believed we were operating under Board direction to not use additional Bond funds but to pursue and wait for developer contributions on all Kings Highway corridor projects. For future funding opportunities, we may want to consider devising an internal mechanism whereby we advance -fund the project through an internal loan procedure and use future developer contributions to repay the internal loan. Currently, we are also applying for an additional up to $5,000,000 in construction funding for the Kings Highway and Orange Avenue intersection under the School Infrastructure Pilot Program grant, which requires no match. And, we will continue to work with FDOT toward the most beneficial solution for maintaining and maximizing the tentative $2,000,000 CIGP funding. Recommendation Staff requests authorization to: (1) change the pending grant agreement to move $2,000,000 in anticipated County Incentive Grant Program (CIGP) funds from the Kings Highway and Orange Avenue intersection to the Kings Highway and Indrio Road intersection; (2) move $500,000 from the Transportation Bond funds designated for Kings and Orange to the Transportation Bond funds designated for Kings Highway and Indrio Road; and (3) continue to work with FDOT for the most beneficial solution for maintaining and maximizing the $2,000,000 CIGP funding. 2 AGENDA REQUEST ITEM NO. VI - E- I DATE: January 6, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice, Grant Resource Developer SUBJECT: This agenda item is requesting submittal of a grant application to the Florida Department of Transportation (FDOT), School Infrastructure Pilot Program, in the amount of $5,000,000, to be used toward the cost of constructing the intersection at Kings Highway and Orange Avenue. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: The FDOT School Infrastructure Pilot Program does not require a match. Available funding towards the total project cost of $8,885,400 is provided in the amount of $2,500,000 from the County Capital — Transportation Bond for Kings Highway and Orange Avenue Intersection (#318-4113-563000-4123- Infrastructure). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board authorize the submittal of a grant application to the Florida Department of Transportation (FDOT), School Infrastructure Pilot Program, for the Kings Highway and Orange Avenue Project, in the amount of $5,000,000. COMMISSION ACTION: ,APPROVED [] DENIED [] OTHER: Approved 5-0 Review and Approvals County Attorney: 4s Daniel McIntyre: K4 1,. j.v, nuc6(Pnrig . S'-rl Originating Dept: William Hoeffner Ken Justice Finance: CONCURRENCE: Douglas M. Anderson (� County Administrator Management & Budget: Purchasing: .��►.�� 4; tl Robert O'Sullivan Other: Other: ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners )( From: Ken Justice, Grant Resource Developer Y j � Date: January 6, 2009 - Consent Agenda Item VI - L - Subject: Florida Department of Transportation (FDOT) School Infrastructure Pilot Program Grant Application — Kings Highway and Orange Avenue Construction Three segments of a 10.2-mile section of Kings Highway between Okeechobee Road and US1/SR5 have received FHWA approval to be widened from two lanes to four. Due to the massive overall size of this project, St. Lucie County has divided the corridor widening and the intersection improvements of Kings Highway into project segments that include design, right-of-way acquisition, and construction phases. The corridor will be designed and constructed in phases, with the four intersections being completed first. The proposed grant application is for the construction phase of the intersection of Kings Highway (SR713) and Orange Avenue (SR68) (Attachment 1). This is the first of the four intersection improvements necessary to complete the overall widening and improvement of Kings Highway. The design phase for this intersection improvement project has begun and is expected to be completed late in the first half of calendar year 2009. The intersection will not require right-of-way acquisition, as it must remain in general compliance with the current 1994 Project Development and Environment Study (PD&E). In addition, because right-of-way acquisition cannot deviate from that indicated in the 1994 Project Development and Environment Study (PD&E), the intersection improvement will use long linear swales in the center of the median and cannot require land acquisition for pond site development outside the right-of- way indicated in the 1994 study. Of note, a recent Preferred Alternative Reevaluation (PAR) of the 1994 Project Development and Environment Study (PD&E) indicates that the Florida Department of Transportation (FDOT) is leaning toward recommending the construction of 6 lanes instead of 4 on Kings Highway between Okeechobee Road (SR70) and Indrio Road (SR614), and 4 lanes between Indrio Road and US1/SR5. It is anticipated that a new Project Development and Environment Study (PD&E) will be conducted in 2009-2010 by FDOT. The design phase for the corridor widening project segments cannot begin until the completion of this study. However, although the current design of the Kings Highway/Orange Avenue intersection allows for six lanes, it will be constructed for 4 lanes, specifically a four -lane section that is upgradable to a six - lane section and yet minimizes "throw -away" construction. This will provide some congestion relief and will allow the project to continue. Staff Recommendation: Staff recommends the Board authorize the submittal of a grant application to the Florida Department of Transportation (FDOT), School Infrastructure Pilot Program, in the amount of $5,000,000, to be used toward the cost of constructing the intersection at Kings Highway and Orange Avenue. 1 r I 3 z Selvitz Rd m c A Citrus Ave Oleander Header Canal Rd Shinn Rd Johnston Rd Kobelgard Rd � mers n Ave m cNp O Seminole Rd m m m c' f°,,tingi Hwy Taylor Dairy Rd Jenkins Rd J kins Rd Keen Rd _ eyol m cn ID N a Ra a m c c)o CL i'o 0 _ i A Hartman Rd a� W z In g CL < t Q 4 0,� 33rd St � ® ; D � C7 T a eec� D C 25th St m �'e" re US Highwa _ D n w AGENDA REQUEST ITEM NO. VI-E-5 DATE: January 6, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recovery PRESENTED BY: Roberta Breene, Grants/ Resource Developer SUBJECT: Authorization for the submittal of applications to Walmart, Lowes and CVS Pharmacy for funding to cover the approximately $23,500 cost of materials for the build -out of a no -pay access to health care clinic designed to serve the uninsured and under -insured of St. Lucie County. BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See attached memorandum. Not applicable. Not applicable. RECOMMENDATION: Staff requests authorization for the submittal of applications to Walmart, Lowes and CVS Pharmacy for funding to cover the approximately $23,500 cost of materials for the build -out of a no -pay access to health care clinic designed to serve the uninsured and under -insured of St. Lucie County. COMMISSION ACTION: ,;APPROVED [] DENIED [] OTHER: Approved 5-0 Review and Approvals 11 ss4- County Attorney: -�mj Daniel McIntyre Originating Dept: Gr n William Hoeffner Roberta Breene CONCURRENCE: tj Douglas M. Anderson U County Administrator Management & Budget: Purchasing: Jennifer Hill Other: COMMLAity Services Other: Beth Ryder Finance: (Check for Copy only, if applicable ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM To: Board of County Commissioners From: Roberta Breene, Grants/Resource Developer 1�114 Date: December 29, 2008 Subject: BOCC Consent Agenda Item No. VI-L-5, January 6, 2009 Access to health care for the indigent, uninsured and working poor is a major issue in St. Lucie County. One of the solutions for filling the access gap is through a no -pay clinic. The proposed project's goal is to establish a medical home for these clients in the form of a no -pay health care clinic. This project has the potential to: (1) provide early access to health care for the indigent population: (2) provide early diagnosis and treatment, which will, in turn, lead to better prognosis and earlier, less costly treatment; (3) provide preventive education and programs; and (4) reduce instances of non -emergency patients using high cost emergency rooms. Most of St. Lucie County is classified as medically-underserved. At least 25% of St. Lucie County residents under the age of 65 do not have health insurance. In addition, according to the 2000 Census, 13.4% of County residents live in poverty. With 183,333 adults in St. Lucie County, and 52,531 of these adults over the age of 65, there are approximately 32,700 (25% of 130,802) adults who could benefit from access to no -pay health care. Persons without health care insurance often delay seeking health care until a disease or condition has progressed to the point at which it is extremely difficult and expensive to treat and the prognosis then may be poor. In addition, clients without health insurance, or without access to health care during evenings or weekends, often simply present themselves in hospital emergency rooms where the cost of treatment may be unnecessarily excessive. The proposed clinic project is a no -pay clinic designed to fill the gaps in health care access for the poor and uninsured population. The clinic is not intended to compete with any other local health care providers. A steering committee of concerned local organizations has been working and meeting for over a year to address the need for health care access. This group has committed support, is in the process of finalizing a Memorandum of Understanding, has filed as a corporation, and has applied for 501(c) 3 status. The Friends of St. Lucie County Public Health, Inc., a non-profit 501(c) 3 organization has agreed to act as the interim fiscal agent until the new non-profit is established. This facilitates the organization's ability to seek funding and disperse funds. To date, $175,000 in funding has been secured from the Allegany Franciscans (100,000) and the United Way of St. Lucie County ($75,000). This funding will facilitate the start-up of the clinic once it is constructed. The purpose of the current grant applications is to seek funding for the cost of materials for the build -out of the space. St. Lucie County BOCC has donated 2,000 square feet for the clinic in the Logistics Center. St. Lucie County will provide the space built out to the exterior walls and will also provide the labor for the build -out of the interior space, once funding for $23,500 in materials has been secured. In addition, Lawnwood Regional Medical Center and St. Lucie Medical Center will provide the labor for the electrical and plumbing work. Currently, funding applications are being submitted to CVS/pharmacy Community Grants Program; Walmart and Sam's Club Foundation: Community Grants ($2,500); and Lowe's Charitable and Educational Foundation ($23,500). Recommendation: Staff requests authorization for the submittal of applications to Walmart, Lowes and CVS Pharmacy for funding to cover the approximately $23,500 cost of materials for the build -out of a no -pay access to health care clinic designed to serve the uninsured and under -insured of St. Lucie County. AGENDA REQUEST • TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-171 DATE: January 6, 2009 REGULAR ( ) PUBLIC HEARING ( ) -_C_ONSENT.___ ______ Q0 SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: TRADITION FIELD PROPOSED PRICING FOR THE 2009 BASEBALL SEASON BACKGROUND: In accordance with contract CO3-08-457, dated August 1, 2003, between the County and Sterling Facility Services, LLC, the proposed concessions and ticket pricing for the 2009 baseball season are submitted to the Board of County Commissioners for approval. See attached memorandum from Sterling Facility Services, LLC, dated December 1, 2008, for additional details. FUNDS ARE AVAILABLE IN: NIA RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Sterling Facility Services, LLC's proposed 2009 pricing for the following areas of operation: tickets, parking, programs and concessions, at Tradition Field. COMMISSION ACTION: [DC� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Douglas M. Anderson County Administrator Coordination/Signatures County Attorney: ' Management & Budget Purchasing Dan Intyre PoKc,,,,-/ Marie Gouin Desiree Cimino Originating Dept: Other Finance Debra Brisson (Signature only if applicable) irks & Recreation Department 2300 Virginia Avenue Ft. Pierce, FL 34982 MEMORANDUM TO: Board of County Commis ' rs FROM: Debra Brisson, Director RE: Agenda - VI-F1 Tradition Field Proposed Pricing For The 2009 Baseball Season DATE: January6, 2009 In accordance with contract CO3-08-457, dated August 1, 2003, between the County and Sterling Facility Services, LLC, the proposed concessions and ticket pricing for the 2009 baseball season are submitted to the Board of County Commissioners for approval (see attached memorandum from Sterling Facility Services, LLC, dated December 1, 2008). Sprinq Training Tickets: Location 2008 2009 Season Premium box 1S 3� rows (101-113) $25.00 $25.00 $435.00 Lower level reserved Sections 101 -113 $18.00 $18.00 $316.00 Field level terrace Sections 114 -1240 $20.00 $20.00 $350.00 Upper level reserved Sections 201 - 213 $12.00 $12.00 $214.00 General admission Bleachers & Berm $ 6.00 $ 6.00 $108.00 March 8. vs Univ. of Michigan: All tickets priced at $10.00 St. Lucie Mets Ticket Prices 2008 2009 Regular Admission: Premium Box $8.00 $8.00 Adult General Admission $6.00 $6.00 Children and Seniors General Admission $6.00 Premium Box (firework nights) $8.00 General Admission (firework nights) $8.00 $6.00 Season Tickets: $200.00 Parking Spring Training $5.00 $5.00 Spring Training (season) $80.00 $90.00 St Lucie Mets No Charge No Charge (Except July 3`d) Twenty-two concession items have price increases, ranging from $0.25 to $3.00. GM: DB: bh cc: Douglas M. Anderson, County Administrator Lee Ann Lowery, Assistant County Administrator Chron File 7 --- - ------ -----STERLING FACILITY SERVICES, L.L.0 December 1, 2008 Doug Anderson St. Lucie County, County Administrator 2300 Virginia Ave. Fort Pierce, F134982-5652 Attached, per the facility use agreement, are the 2009 proposed pricing stricture for the following areas of operation: ticket, parking, programs and concessions, as well as a calendar of events and a list of the dignitary seating. I will notify your office if any cbanges or additions occur to the calendar of events. If you have any questions please do not hesitate to call. You, [71v� Paul Tagli Director of Florida Operation 523 NW Peacock Blvd. - Port St. Lucie, Florida 34986 - (772) 871-5473 - Fax (772) 871-5477 r•� 4 ano y r. « 17" --- - -STERLING-FACILITY SERVICES,_LL.0 2009 Ticket Pricing Spring Training ticket prices Description Location Priceper game Price for season . Premium Box First 3 rows of sections 101-105 $25.00 $435.00 Field Level Terrace Sections 114 —124 $20.00 S350.00 Lower Reserve Sections 101-113 $18.00 $316.00 Upper Reserve Sections 201— 213 IS12.00 $214.00 General Admission Bleacher t Berm 1$6,00 1 $108.00 March & 2009 vs. University of Mich' an • All tickets will be priced at $10, including season ticket holders. St. Lucie Mets ticket prices Regular Admission: Premium Box - $8.00 Adult General Admission - S6.00 Children and Seniors General Admission - $4.00 Firework Nights: Premium Box - $8.00 General Admission - $6.00 Season Tickets - $200.00 Programs Spring Training program - $5.00 St. Lucie Mets scorecard - $2.00 Parkins Spring Training - $5.00 per game / $90.00 for the season St. Lucie Mets — no charge (except July 3ia - $3.00) 523 NSW Peacock Blvd. • Port St. Lucie, Florida 34986 • (772) 871-5473 • Fax (772) 871-5477 1- -----STERLING FACILITY SERVICES, L.L. 2009 Menu Prices Menu Rem Spring St. Lucie Hot Dog 7:1 $ - $ 2.75 Jumbo Hot Dog 5:1 $ 3.75 $ 3.75 Italian Sausage $ 6.00 $ 5.00 Hamburger $ 5.00 $ 4.00 Cheeseburger $ 5.00 $ 4.00 French Fries $ 3.50 S 3.50 Nachos $ 4.00 S 4.00 Nacho Grande $ 5.00 $ 6.00 P¢aa $ 3.00 $ 3.00 Corn Dog wlfries $ 4.00 $ 4.00 Knish $ 4.00 S 3.00 Cheesesteak $ 6.00 $ 6.00 Grilled Chicken Sandwich S 6.00 S 0.00 Chicken Fingers wMries S. 7.00 $ 6.00 Hot Dog Nuggets $ 4.00 $ 4.00 Shrimp h1 Fries $ 7.00 S 6.00 Onion Rings $ 4.00 $ 4.00 Deli Wrap $ 5.00 $ 5.00 Mozzarella Sticks $ 4.00 S 4.00 Wings $ 6.00 $ 5.00 Caesar Salad S 6.00 $ 5.00 Hot Dog Nuggets $ 4.00 $ 4.00 Taco in a Helmet $ 6.00 $ 5.00 Dirt in a Heirnet $ 4.00 $ 3.00 Popcom Tub $ 3.00 $ 3.00 Popcom Box $ 1.50 $ 1.50 Countertop Snacks S 1.50 $ 1.50 Peanuts S 3.50 $ 3.50 Cracker Jacks $ 3.00 $ 2.50 Fruit Salad $ 4.00 $ 3.00 Funnel Cake S 5.00 $ 5.00 Cotton Candy S 3.00 $ 3.00 Candy S 3.00 3 3.00 Pretzel S 3.00 S 2.50 tlalian loe $ 3.00 $ 3.00 Coffee S 1.50 $ 1.50 Bottled Water $ 3.50 $ 2.50 Gatorade $ 4.00 S 3.00 22 oz. Soda $ 3.50 $ 3.00 Souvenir Soda $ 5.00 S 5.00 24 oz. Souvenir Beer S 6.00 $ 5.00 Domestic Boated Beer $ 6.00 $ 4.50 Imported Bottled Beer $ 6.50 $ 5.50 Bucket of Beet $ 28.00 $ 20.00 Wine S 6.00 $ 5.00 Mixed Drink $ 6.00 $ 5.00 Double Mixed Drink $ 11.00 $ 9.00 Voodoo Bucket $ 13.00 S 11.00 Bottled Soda $ 4.00 S 3.00 Frozen Cocktail $ 6.00 $ 5.00 Smoothie Drink S 6.00 $ 4.00 523 NW Peacock Blvd. • Port St. Lucie, Florida 34986 • (772) 871-5473 • Fax (772) 871-5477 r•� co 8 w N i0 1 1 1 • r �' r • • . . 4 PM1l 1 1 Y . IN C71 1 IO 1 1 . W N04 - __._._ S A 0. ._ N _ - - A r r .._._ n a - - r N N _ - r O- G O M O Oct m 1! � $ Nr N N N N N N H N H H N N N N N N N N N N N N N M N N N N N N N W N N N A N N 1 co ' nY N , c9 aN O O e A 1 1 , Op 1 F m • 0MD @ N ' mN fp CPD ' t f L e) e09 aD m 7 n Ibb N 1!f N !�1 n O N v eo R v S u C N N N N !• NN N N N 4/ N N N N N N N N N N NNNNN N N N W N N N N H O S O O O S O O 8 ci N ,. C W N W V9, N N m4w N N N W f /l 40 N fa N N N W W H 0 N H 0 H N N N N 64,tO§ W H N 60 N e i s 40 pp Iff O S pp O N O p pp 0 0 pO 0 0 p O S O p O 0 0 pp O 0 0 O O 0 0 O 8,81 pp O 0 0 p S l f f 0 1 f) S O pp O O o O O O p O S 1 O oo O Y T p O pp O 1 f f O pp O O O pp O O O O O O 9 0 G O O 0 Q O O 00 O h n M O m I[I Pi V' Ifl Oi V 7@ tC 1•. O v tO r` wi 464 @ h Ni .r Ol rib f+b h F-- .; 49 '1 V M 0CD40m 40 rm a0 m@N y h W m V to N N Npo N Np N H H N N N N N N N i1 H "less*" N N N N N N N N N N N N N VOf S O 1fl O S O p Q O p p S S OOPS Q S O pp O Q p O g O 0 w 0 0 w O 0 O S O 4 0 0 O O 0 In p O Q o� O O O$ o O S O O O O 0 0 O 10 0 O C MlO lAim yi M V N mil nevld Ci l[i 1(i�01- Pi�0i a�i tp IG IG Yiw LeiQ v V� lri Wi 40 W w�Ip lit 6miN us i • us Go �a N N N N N N N N N N N N ft N N N N N N N N H N H N N M N N N W H N N 4W N N N N N N C M1M1nnvnOvO naavv nppnr-< n fp aD fD mnm�m OOAO v,N aO r @t0 n fDb10 OOY V @AANm Cf�Al�r @10 V aD mN@@@ A on rp1 j M'CQ OI MI 'P tV P7 Ntn �Y mc)0 vN-W W w N rQ')NItfN Wit wi N6 Cd ri4 •41[f 1n IA OY! a In hN Z N d1► M N N N N N N N N N N N N N N N M M N N N N N N N M N toN N A N �+j N N t0 M H N r H t f O 2RBle`R'�Ci1, 3L�i] 24� N r �R���aR r r r { 9 1 N aRe��RXa� l9 14 ! 9 vi �Raea�R�7R�a^a�ataR���a����aR O O I m O I e oC�vi m O n CN COOONOCOOC 0ci rOQ��' G ONO G1�rprvNf00� CCOr�'r t�C N� ocD ON �00 N r.v. O m •r Y/ .-. N m �Iq pO P719 11'7A NNYM OD 10 YO L9 102ID a�etnm Ovv V M @ M �q ANOJ 11'1119 m Of a0mb o�+e0 V•Yf r m v o NOI (9 M1N ti b N {(� N r r (9 +•' N r M1 t0 Iff m N N M1 r Y1 C c o by m� m col m as 5 o=f Sp tL Ito A o +a � a o E i �� E Sa m a e m L a = SO @Q yBx„.�tiar�`[cac�sc�1a �s�arc�i—c90c�c7csa�i�c7i��rN���LLvsE6a� ax r n r M N Is N i O e ch W N N � tNt? chi U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N tb N N N N N N 40 1 O tTf � W O xW f N M t7 tf+_ tO h A WIG* N N N N N N N N O N O N N N N N N O N N N N N N N N N N N N N N S fA N N H N N N N N N N 46 N C O • .� C Q {i?0%0 NV► NM N(9 W N 69HVk W Ob Na949la AH f9wN4H w AH O M QOpSO W SSppSOSUIPMppSppS pp C 0SS S80SOpaO jA.,SOoo N d 1A f V M 'f o CS tO Wrf to M M f a ui tO M r M N ld t7 l9 M ri f tp tq LA an O7 ui to It O r. N O Q NNNN NN NY} N NNNNNNN N NNNN N NNNN NNNN Nto �OW 00 G7 t0 Cv7 80 S OO CO O O OCO O OO CC OO OOO OO vv OO O vv O0 0WOOOQOOSOKq1qqq m 00000 CDO a 5000a C N M An 4 M .4 -0 v fi 0 C; v V• td tries + v ad to vi r M tV 40 to di tt7 -C w it1 tf] O N r W y 0 N NNNN NH NNNNM►NNH 104,1141wbiN NNNN NNNN 1 ellk,"IG01169NN NN go w NNNN N to ACD f � A� OA N�.i0i0 �V •rt rNA MW ct+AfO MWO iO M N c NV• V i MM 'WC hN tp tPAa- V M viv a maeZ WMw MM NN0 VD. 00MN N diNO W"W NN N N(A NNN 40 NN �ZR���2'�:2R2e2�3ededea`R3e QC4 WOIn +�tO N �-N Mt0 rrOO r 2Rjf3E*at)Rl* A NOr ON QOIA P��`'343e2Rd'�3Q3E���'o`e K V �-106co— -OOOOr OOLI OCC OCONO r O rMt o omoo U0 Ih lq vt '� W r MNOM.-rr l7Cr OOO cq OIV �- Mtn Ort+�c0 W h r N r 1tpp W U7 NMr Qt~NV•MCl LC) m ODW rN1� co M�pOOtll Oc+f .-- V'�n CDm�p l�f .-1ArtAOtO[y ti O NOA 1�pp �O tDO co N�L11p A Vq'W AAO tO W�W 07 MNN C7 CA p7 WM1+ .atfaV ,O 0 m A to qr 04 (NMrNV'cm r rON NNE We-OAOVOJ 4O0 CDN tOtppO •7' �r •-mOfOtypN c'f r N P7 � r C N N O N M N s ss � � m cccr x e es QI C 3„ O a n ae C Lc cc c a Y 10 N d C> ���� �y LL;`� E � �� Cl aim x y -5 a E o to m c £ .o'LLZ mtrS�Oct aCCya7L°�� my m o to F- wZ -a 4t a � p �mm �CI _0 5 c 0 S ES E C g C 'S q Ell--_.. L es V D w z? a m c E c C C m O O cs� p � 1V o N o FI o N o FV O n C a E m► 4�� ziIO a'`vc�7v`s'Oc�it2i�i��iaC�ac�i�cg� m`r`ci�mN3o�mEdoaa'�o� R g•d d6tb:£0 80 ZO oe4 2009 NEW YORK METS SPRING TRAINING SCHEDULE Wednesday--- V25 -_ - Baltimore Orioles Fort Lauderdale Thursday 2126 Florida Marlins Port St. Lucie Friday 2/27 St. Louis Cardinals Port St. Lucie Saturday 2/28 Detroit Tigers Lakeland Sunday 311 Houston Astros Port St. Lucie Tuesday 3/3 St. Louis Cardinals Port St. Lucie Wednesday 3/4 Washington Nationals Viera Thursday 3/5 Italian National Team Port St. Lucie Friday 3/6 St. Louis Cardinals Ju iter Saturday 3n Washington Nationals Port St. Lucie Sunday 3/8 University of Michigan Waship.gton Nationals Port St. Lucie Viera Monde 3/9 Baltimore Orioles Port St. Lucie Tuesday 3/10 Washington Nationals Viers Thursday 3112 Florida Marlins Port St. Lucie Friday 3/13 Detroit Ti err Lakeland Saturda 3/14 Washington Nationals Port St. Lucie Sunday 3115 Florida Marlins Jupiter Tuesday 3/17 Atlanta Braves Disne Wednesday 3/18 Atlanta Braves Port St. Lucie Thursday 3/19 Houston Astros Port St. Lucie Friday 3/20 Baltimore Orioles Fort Lauderdale Saturday 3/21 Atlanta Braves Disney Sunda 3/22 Atlanta Braves Port St. Lucie Tuesday 3/24 Houston Astros i Kissimmee Wednesday 3/25 Detroit Tigers Port St. Lucie Thursday 3/26 St. Louis Cardinals Jupiter Friday 3127 Washiqgton Nationals Port St. Lucie Saturday 3/28 Florida Marlins Port St. Lucie Sunda 3129 Baltimore Orioles Fort Lauderdale Monde 3/30 Baltimore Orioles Port St. Lucie Tuesday3131 Florida Marlins Jupiter Wednesday4/1 St. Louis Jupiter Thursday4/2 Baltimore Port St. Lucie J � N.r --STERLING FACILITY SERVICES,_-L- .L.G ---- _ ------ - 2009 Preliminary Schedule of Events • January: Mini Camp 9 January: Fantasy Camp • February — March: New York Mets Spring Training April — June: Extended Spring Training • April -- September: St. Lucie Mets (Florida State League) • June — September: Gulf Coast Mets (Gulf Coast League) a October: Instructional League 523 NW Peacock Blvd. - Port St. Lucie, Florida 34986 - (772) 871-5473 - Fax (772) 871-5477 Dignitary Seating Name Position # of Seats Location Michelle Be er City Council 2 105 F 5,6 Linda Bartz City Council 2 105 G 5,6 Chris Cooper City Council 2 105 F 9,10 Don Cooper City Manager 2 105 G 7,8 Jack Kelly Vice Mayor 2 105 F 7 8 Roger Orr Cly Attomev 2 103 D 12,13 Chris Craft County Commissioner 2 102 E 9,10 Doug Coward County Commissioner 2 102 E 11,12 Charles Grande County Commissioner 2 102 0 7,8 Debra Brisson Director of Parks & Rec. 2 104 E 3,4 Paula Lewis County Commissioner 2 102 D 9,10 Ken Mascara County Sheriff 2 110 F 19,20 Dan McIntyre Coun Attorney 3 104 H 7-9 Pat Christenson Mayor, City of PSL 2 103 D 10,11 Faye Outlaw County Administrator 2 102 G 8,9 Chris Dzadovsky County Commissioner 2 104 F 7,8 Leann Lowery Asst. County Administrator 1 2 102 G 6,7 Chief of Police 1 2 1 103 E 9,10___ • Please cross out any dignitaries that no longer need to be on the list and write in any additional or new dignitaries that need to be added. Please return with any changes to the Mets office at Tradition Field. Location APRIL JULY �T+W:��T=* ,A MAY SUN MON T;,E VIED TH,i FRI ; sm NNEEN 700 ®'. 70C 109 P10 700 ®� anuu FTM FTM FTM 'Co 7,00 Goo Noun®®® � �® 28 29 30 6FE 9RE CLR 7:00 �.DO u:O C 01 CL4 � K 'o' UWE Sa� ®®�®� T GO 6 CO 'o '.T 18 19 JU7 PTC PTC PAC ®®® 2.00 700 1 "0 TOO -3®®®®®® Fit 4 FTM Ft Myers Miracle (Minnesm Twins) JUP Jupiter Hammerheads (Florde Marius) PS Palm Beach Cardinals (St. Louis Cardlnirls) PTC Charlotte Stone Crabs (Tampa Bay Rays) SAR Sarasota Reds (Cincinnai Reds) STL St Lude Mess (New York Mots) NORTH DIMiON BRIE Brevard County Manatees (Milwaukee Brewers) CLR Clearwater Tiveshers (PMadelpltis Philies) DAY Daytona Cubs (Chicago Cubs) DUN Dunedin Blue Jays (Toronto Blue Jays) LAK Lakeland Flying Tigers (Detroit lngers) TAM Tampa Yankees (New York Ywdcees) This schedrde and all sdteduted pronrotions6 giveaways and events are sub ect to charge wittrout notice. For the bled game or team itdatt orlon, call (772) 871-21A or log onto our webske at www.traditkxAW.com. Doubleheader games wilal�be a at 6-00 pra Snatdray do bieh�eaders wt8 Abe¢ e t 2:01pm. 77re 2W9 Florida State League AB -Star Game will be held in Ft. Myers on Saturday, June 260. JUNE SEPTEMBER Adults - $6.00 Children $ Seniors- 34.00 Premium Box - $&00 July 3• Fireworks game - $8.00 Monday Night AN You Cajn Eat Games - $11.99 Adults Military Discount - $2 OFF (Moat Show Military ID) GROUP MKETS Save money by purchasing group tickets to enjoy a game YM your family and blends_ 25+ - $5 Per ticket 100; = $4 per tldret SEASON TICKETS (70 Hwnw Gasnearl $200 General AdwA-slop Season Ticket includes. • Guaranteed seat locaion • Unused tickets may be used on any 2DOR tonne date (exoiuding Monday nigh games & 7/3) • Admission to Mets road games • Discounts to kcal restaurants: COUNTY_ L Q R` F D A_ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation ITEM NO: VI-F2 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Debra Brisson, Director SUBJECT: Approval of Budget Amendment No. BA09-008 Transferring Funds for the Installation of a Pervious Concrete Pad for the Playground Safety Surface at MLK, Jr./Dreamland Park BACKGROUND: See Attached Memorandum FUNDS WILL BE AVAILABLE: See Attached Memorandum PREVIOUS ACTION: See Attached Memorandum RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Amendment BA09-008 to transfer $9,640.00 from Account No. 001-7210-546200-700 Parks Maintenance Improvement Projects into Parks Infrastructure Capital Fund Account No. 001-7210- 563000-7697 . COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER Approved 5-0---�--� Douglas M. Anderson County Administrator Coordination/Signatures t County Attorney: Management & Bud et:M ;,,�O Daniel clntyre g Purchasing: Marie Gouin/ Desiree Cimino !� 0,5VLt,1ww Originating Dept: Finance: Other: Debra Brisson (Check copy/sign only if applicable) Parks & Recreation Department 2000 Virginia Avenue Ft. Pierce, FL 34982 MEMORANDUM TO: Board of County Commissioners FROM: Debra Brisson, Director DATE: January 6, 2009 RE: Agenda VI-F2 - Approve Budget Amendment # BA09-008 transferring $9,640 from Parks Maintenance Improvement Projects to Parks Infrastructure for the installation of a pervious concrete pad at MLK, Jr./Dreamland Park On December 16, 2008, the Board of County Commission approved the purchase and installation of playground equipment and safety surfacing, for a playground at MLK Jr. / Dreamland Park, from Game Time/Dominica Recreation. Products. In order to install the safety surface a pervious concrete pad is required. Staff has received quotes from three (3) local contractors and will execute a purchase order to for the lowest quote in the amount of $9,640 to Burns & Sons Concrete, Inc. Because the concrete pad is part of a larger capital projects the Finance Department requires the money be moved into the Capital Project Infrastructure account. Recommendation: Staff recommends that the Board of County Commissioners approve Budget Amendment BA09-008 transferring $9,640.00 from Account No. 001-7210-546200-700 Parks Maintenance Improvement Projects into Parks Infrastructure Capital Fund Account No. 001-7210-563000-7697 . DB:em cc: Douglas M. Anderson, County Administrator Lee Ann Lowery, Assistant County Administrator Chron File I ,:ab..J. v14VJ r wrvp AVIAN `-'6.- rw'3r- ULt lq:S' �Oill`JTY St. Lucie County 2300 Virginia Avenue Fort Mores, FL 34982.5852 REQUEST FOR QUOTATION DUE OVE: 42 l 1008 ATc 7Q0: (,J a.m. � P.M. 14T A St. tuns, FL 34985 I-ax Bob Burns Ship to' N/A 26p -3726 ,� ; ShipVia: NIA ' 87?..0322 ,,� To visit the site, please carttaatI i, Mark A. biMasoio, Projects Manager � f -"7 Phone No.. (712) 462-2551 + / O.P to schedule an *pPILIn$nt THIS 15 NOT AN ORDER Phase quote on tho following items. Quoz price shall be stated in units r" I for sixty (80) calendar dogs. ieil rem:tln tirm ' it exempt from Federal =xclse (#59.6000835) and Sales tax (#f66-.02-0173 Form, place3 and install pervious concre,e pa+.vment. (See attached scope of + servi;xsj � Olt I RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE SY FACSIMILE. MAIL, OR DELIVER TO CONTACT PERSONA" THE ADDRESS1FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST ► ;OR OUOTATiON 1r !Lt BE !;UBJE.CT 0 THE TERMS ANO CONDITIONS COWAINED IN THE CONTPACT OR PURCHASE ORDER. INSURANCE REWREMENTS: Commercial Liability; $1,000,000 pera=rrence, $2,000,000 per job aggregate; Automobile Liability: $1,000,000; Wa►ker`s Compensation: Wc*'000 SPEC-IFICATIONS The Contractor s)toll provide t:te fallowing services to the; Comity:-- I Fs-ea-ati-sched Scope of Ssrviceas. SN8na To 39Vd ZZ£0TL8ZLL LZ:LZ 80OZ/Zo/Zl . a St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-565.2 --- - - REQUEST FOR QUOTATION DUE DATE; 12&2008 ,_ _AT: 1 `!�) �,rru. 0 p.m, _ I3l0DER, IfyFt3Rf A—f 1-0N _COUNTY_C0NTA_CT INFdRiIAATION rCompany Name: Kara - ContactPerson,, ar, "M; , �G Marl,. r'�►. DIMBbcIo _ 'Address: Ad s: P.O. Box 7097 _ j !L@pt,/Div,. Parka ano, Reo-eeation tVo.:.772 46.',•255t..�_ _._ ......_ ..._...___. Cit Iy Statelzi I Port St. Lucia, FL 34903 . _ '—_ '�Fax No '22 -1 ` 40 Contact Persa�n: flcib E+E+arris ..._.. _ _ _ Ship xui k ........ Phone Nc. (7' 0-3725_ _ �._ �5hi� Via: N/A r.....�� ... � ..-...y Fax 2 i 32� ..—._To visit tii�r site, please +caritact:� {: nature _ _ Mark A. QlMescio, Projects Manager Title: -- ...W...- Phone Na.. (772) 4rr.;42551 { Date of quote ,..,�,...�.^.�._.-.: 7WIS 1! NOT AN Okd7E ' Please quote on the foi:awing items. 4auts price sha;I be stated i.,Z units requestt+d and shall rarnain firm ' for sixty (60) calendar days. _ The Count it trorn Federal #0ves ax#66-0 I '? 3_' 1 s oxaP ral Excise 59-80005 �:_...� ..,..�..r..N �._ .._...,� and Sa.,._.�._......—.--'6..,..,: 017753c) ...__ _:�. + _ _ DESCRIPTION _ I BASE BID Form place and install psptflous concrete pavernenL (See aittaa:ed SGope of _ { services] RETURN THIS REQUEST AND ALL. PAGES BY THE DUE DATE W TIME A20VE by F'ACSifAiLE. MAIL, OR DELIVER TO CONTACT PERSON AT TiiE ADDRi SS/FACSIMIt E NUMBER ABOVE, 4 ' ORDERS RESULTING FROM THIS REQUEST ICOR, QUOTATION WILL 8E SUBJECT U THE -TERMS AND CONDITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE RIcOUIReMENTS: Commercial LiaWllty: $1,000,000 percccum5nta. $2,000,000 per job aggregate', Automobile Liability: $1,000Qt)i)I Worker's Compansation: $6Q0:000 SPECIFICATIONS The C=ractof shal, pr°o,ride the following services to the �'curty: Sea attacred Scope of Services. TO 3Jdd SN6ng ZZEOTL6ZLL 67,:60 600Z/60/ZZ MAY-19-1996 21:11 P.01/02 Itit.ICIF— COUN T r c a a I L) H St. Lucie County 2300 Virginia Avenue Fort pierce, FL 34982-5662 REQUEST FOR QUOTATION DUE DATE: _ _12/912008 ,,, _AT:-- 10:00 4) a.m. 0 p.m. N nc. A. Parks 1-1 41V Ship to: NIA Ship Via: NIA To visit the site, please contact: Mark A. DiMascio, Projects Manager Phone No.; (772) 462.2551 to schedule an apaointment tease quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The County is exempt from Federal Excise #5g-5000635) and Sales Tax (#65-02.01737-530j j DESCRIPTION BASE BID Forrn, place and install pervious concrete pavement (See attached scope of services) RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMILE, MAIL, OR DELIVER TO CONTACT PERSON AT THE ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION WILL. BE SUBJECT O THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS. Commercial Liability: $1,000,000 per occurrence, $2,000,000 per job aggregate; Automobile Liability: $1,000,000: Worker's Compensation: $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: See attached Scope of Services. SCOPE OF SERVICE REQUIREMENTS Project Location: MLK/Dreamland Park - Playground 301A 25`h Street/MLK Blvd. Fort Pierce, FL 34950 Scope of Services: • Form, place and finish 1700 sq. ft. of 4" thick pervious concrete pavement • Install 170 LF of Type "D" Curb • Prepare site for pervious concrete pavement and curb. Subgrade to be compacted to 94% +. Excess soil from site preparation may be stock piled and left on -site. Price Includes: All equipment use, time and travel expenses, labor, materials and restoration of areas disturbed by construction.. Price Excludes: Testing, surveying and permitting. Contact: Mark DiMascio, to arrange site visit @ 462-2551 and or/ (772) 475-7204(cell#) *See attached sketch for layout. t � LL a1 J p1 � LL .i` 1: N a w 1 O 1 in cV t ItswI a a py —.. AGENDA REQUEST ITEM NO: VI — F3 DATE: Jan. 6, 2009 REGULAR: [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Increase Change Fund for the Havert L. Fenn Center BACKGROUND: Currently there is a $75.00 change fund assigned to the Havert L. Fenn Center. Throughout the course of an average day there can be as many as three different employees covering the front registration desk. In order to provide proper accountability for financial transactions staff is requesting to increase the change fund by $150 for a total of $225. This will allow the Fenn Canter Coordinator the ability to establish three separate cash drawers and assign one cash drawer to one employee. FUNDS AVAILABLE: 001-0000-102115-000 General Ledger/Change Fund PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve increasing the change fund assigned to the Havert L. Fenn Center to $225. COMMISSION ACTION: [j APPROVED [ ] DENIED [ ] OTHER Approved 5-0 CONCURRENCE: Douglas M. Anderson County Administrator Coordination/Sianatures .County Attorney: Kw�S Management & Budget. Purchasing: 4 ins,. Danizr ��rf�t�uYA���� Desiee Cimino or,.. Originating Dept: Finance: Other: Deba Brisson (Check copy/sign only if applicable) Parks & Recreation Department 2000 Virginia Avenue Ft. Pierce, FL 34982 MEMORANDUM TO: Board of County Commis io ers FROM: Debra Brisson, Director DATE: January 6, 2009 RE: Agenda VI-173 - Increase Change Fund for the Havert L. Fenn Center Currently there is a $75.00 change fund assigned to the Havert L. Fenn Center. Throughout the course of an average day there can be as many as three different employees covering the front registration desk. In order to provide proper accountability for financial transactions staff is requesting to increase the change fund by $150 for a total of $225. This will allow the Fenn Center Coordinator the ability to establish three separate cash drawers and assign one cash drawer to one employee. Recommendation: Staff recommends that the Board approve increasing the change fund assigned to the Havert L. Fenn Center to $225. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO: VI-F4 DATE: Jan. 6, 2009 REGULAR: [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Award of RFP 09-010/Services of a Tennis Professional BACKGROUND: As part of the voluntary retirement program offered to eligible employees last summer, the Tennis Professional working at the Lawnwood Tennis Center retired. A Request for Proposal for the services of a Tennis Professional was issued in July 2008, however, the bid received was rejected and staff re -issued the RFP in November. One response was received in December and the review committee voted to negotiate with the proposer. Negotiations were concluded in December and a revised proposal was agreed upon between the proposer and staff. Attached is a letter signed by Mr. Woody Newson acknowledging that he has agreed to the revised terms. At this time, staff requests the Board accept the revised proposal from Woody Newson, Inc. and award the RFP; authorize the County Attorney to draft a contract and authorize the Chair to sign the contract. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board accept the revised proposal from Woody Newson, Inc. for the Services of a Tennis Professional and award the RFP and authorize the Chair to sign the contract as drafted by the County Attorney. COMMISSION ACTION: [� APPROVEE [ ] OTHER [ ] DENIED Approved 5-0 CONCURRENCE: Douglas M. Anderson County Administrator Coordination/Signatures 00 -County Attorney: kvrs Management & Budget: Purchasing DWntyre Originating Dept: Finance: Other: Debra Brisson (Check copy/sign only if applicable) Desiree Cimino Parks & Recreation Department 2000 Virginia Avenue Ft. Pierce, FL 34982 MEMORANDUM TO: Board of County Commissioner FROM: Debra Brisson, Director DATE: January 6, 2009 RE: Agenda VI-F4 - Award of RFP 09-010/Services of a Tennis Professional As part of the voluntary retirement program offered to eligible employees last summer, the Tennis Professional working at the Lawnwood Tennis Center retired. A Request for Proposal for the services of a Tennis Professional was issued in July 2008, however, the bid received was rejected and staff re -issued the RFP in November. One response was received in December and the review committee, consisting of Don McLam, Jim David and myself, voted to negotiate with the proposer. Negotiations were concluded in December and a revised proposal was agreed upon between the proposer and staff. Attached is a letter signed by Mr. Woody Newson acknowledging that he has agreed to the revised terms. At this time, staff requests the Board accept the revised proposal from Woody Newson, Inc. and award the RFP; authorize the County Attorney to draft a contract and authorize the Chair to sign the contract. Recommendation: Staff recommends the Board accept the revised proposal from Woody Newson, Inc. for the Services of a Tennis Professional; award the RFP and authorize the Chair to sign the contract as drafted by the County Attorney. In BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFP# 09-010 SERVICES FOR A TENNIS PROFESSIONAL OPENED: DECEMBER 03, 2008 AT 3:00 PM PURCHASING DEPARTMENT ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. ONE (1) submittal was received for subject proposal: Woody Newson, Inc. Contact: Woody Newson Phone: 772-284-6495 Fax: 772-334-6462 Address: 135 NE Elm Ter., Jensen Beach, FL 34957 NUMBER OF COMPANIES NOTIFIED*: 223 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 2 NUMBER OF BIDS RECEIVED: 1 * - Per demandstar.com CHRIS DZADOVSKY, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator — Douglas M. Anderson 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 website: www.co.st-lucie.fl.us V BOARD OF COUNTY COMMISSIONERS Mr. Woody Newson, Tennis Professional Lawnwood Tennis Center 1302 Virginia Ave Ft. Pierce, Fl. 34982 Dear Woody: COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON December 23, 2008 This letter summarizes the discussion Ms. Brisson and I had with you on December 231h concerning your response to the Request for Proposal for Tennis Services, RFP 09-010. The OMB/Purchasing Department has advised that in order to accept the revised proposal we discussed this morning, your written approval is needed as part of the agenda item that will be submitted to the Board of County Commissioners. Your original proposal states compensation to St. Lucie County as follows: Lessons & Programs Pro Shop Year 1 10% 10% Year 2 8% 8% Year 3 5% 5% Year 4 5% 5% Year 5 5% 5% As we discussed, in order to insure that the County can continue to maintain and resurface the tennis courts, the percentage of gross receipts would remain at 10 % for a five year period. Additionally, the County would receive 5% of the gross receipts from the Pro shop. Please sign below indicating that this change is acceptable to you and return the letter to me. As time is of the essence, please sign as soon as possible. Sincerely, Patti Raffensberger, Recreation Manager I agree to the above changes: -- -/-{-L Woody Newso CHRIS DZADOVSKY. District No. I • DOUG COWARD, District No. 2 • PAULA A. LEWIS. District No. 3 • CHARLES GRANDE, District No 4 • C:HRIS 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@stlucieco.org website: www.stlucieco.org a AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie County Sheriff's Office SUBJECT: Draw Request - January 2009 ITEM NO. VI-G DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Toby Long Director of Finance BACKGROUND: The Sheriff is requesting funds for operations from the General Fund and Fine & Forfeiture Fund in the amount of $10,881,345.50. Double Draw (1st draw total = $5,440,672.75) (2"d draw total = $5,440,672.75). See attached memos. FUNDS ARE AVAILABLE IN: General Fund and Fine & Forfeiture Fund. 001-8191-599043-800 107-711-599040-6000 107-8191-599042-800 107-8191-599043-800 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff double draw request for January 2009 in the amount of $10,881,345.50. (15t draw total = $5,440,672.75) (2nd draw total = $5,440,672.75) COMMISSION ACTION: [i9 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: I-VDouglas Anderson County Administrator Review and Approvals County Attorney: ftDD 051" Management & Budget Purchasing: Ih«r�-'-�1- ke�n;Crr E c'S�icwqu Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 bbertff KEN J.MASCARA Telephone: (772) 462-3200 - Fax: (772) 489-5851 4700 West Midway Road - Fort Pierce, Florida 34981 December 157 2008 W.Iorable Paula :Lewis, Chair St. Luc-U-' Board of County Commissioners St. Lu62 County Ft. P',erce, FL. 34982 Deai Ch.---kirwonian Lewis: Attached is our double draw request per Florida Statute 30,:50 the i-notit.1-i. of January 2009. VV 11, 1 1 j"I'l—AY 'VoU -.Ij a(I.Vance for your assistance. Please cont.,tict our k`lompt.coller a,- 4,332-3290 if you have any questions. n c ci t-e asoarn Shk(lift Attachment lk Member National Sheriffs' Association 4ir KEN J. MASCARA Member Florida Sheriffs' Association 4700 West Midway Road, Fort Pierce, Florida 34981 Telephone: (772) 461-7300 • Fax: (772) 489-5851 !G J CI E CO MONTH OF January 2009 TO: BOARD OF COUNTY COMMISSIONERS DRAW REQUEST DATE: 12/15/08 Gentlemen/Ladies: In compliance with the provisions of Chapter 30.50, Florida Statutes I hereby request funds for operations as shown below. This is for the double draw request for January 2009 agenda item. Sincerely, Ken J. Mascara By: oj,� e�-" 1'�& W. Lee Tinker, Comptroller TOTAL PREVIOUSLY THIS TOTAL CODE ITEM BUDGET RECEIVED REQUISITION REQUISITION 12THS 16 JUDICIAL TOTAL 3,424,554.96 1,141,518.32 285,379.58 1,426,897.90 5/12 21 LAW ENFORCEMENT TOTAL 33,252,095.04 11,084,031.68 2,771,007.92 13,855,039.60 5/12 23 CORRECTIONS TOTAL 28,611,423.00 9,537,141.00 2,384,285.25 11,921,426.25 5/12 TOT. BUDGET/REQUEST 65,288,073.00 21,762,691.00 5,440,672.75 27,203,363.75 5/12 ,*4criff E/U v KEN J. MASCARA (P �. 4700 West Midway Road, Fort Pierce, Florida 34981 !G OJ ClE C Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 MONTH OF January 2009 TO: BOARD OF COUNTY COMMISSIONERS DRAW REQUEST DATE: 12/15/08 Gentlemen/Ladies: In compliance with the provisions of Chapter 30.50, Florida Statutes I hereby request funds for operations as shown below. Sincerely, Ken J. Mascara By: W. L e Tinker, C ptroller TOTAL PREVIOUSLY THIS TOTAL CODE ITEM BUDGET RECEIVED REQUISITION REQUISITION 12THS 16 JUDICIAL TOTAL 3,424,554.96 856,138.74 285,379.58 1,141,518.32 4/12 21 LAW ENFORCEMENT TOTAL 33,252,095.04 8,313,023.76 2,771,007.92 11,084,031.68 4/12 23 CORRECTIONS TOTAL 28,611,423.00 7,152,855.75 2,384,285.25 9,537,141.00 4/12 TOT. BUDGET/REQUEST 65,288,073.00 16,322,018.25 5,440,672.75 21,762,691.00 4112 AGENDA REQUEST ITEM NO. VI-H DATE: January 6, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY (DEPT): INFORMATION TECHNOLOGY SUBJECT: Request board approval to renew the second amendment extension to contract C07-03- 171 exercising the second one year renewal option and extending the contract through September 30, 2009 between St. Lucie County and R & S Integrated Products in the amount of $28,088.00. BACKGROUND: The Laserfiche annual maintenance renewal is required for the St. Lucie County BOCC Departments to continue to be licensed to use the Laserfiche document imaging system. FUNDS AVAIL: Funds are available in account # 001-1955-534110 for $28,088.00. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissions approve the request to renew the annual maintenance and the board to sign the contract extension between St. Lucie County and R & S Integrated Products in the amount of $28,088.00. COMMISSION ACTION: Pq APPROVED [ ]OTHER: Approved 5-0 [ ] DENIED CONCURRENCE: __._ rl Douglas Anderson U County Administrator Review and Approvals t�� G 14Count Attorne Management & Bud et: ��`'Purchasing-- U1 1 �'' Y Y� 9 g I 9�-�— t tic o�t t1.�z�n; � \� ,��'s��.iwsa.t��G\t �� `rrti-)CALJAC-A Originating Dept: Other: St..- Lucie County Information 2echnofogy MEMORANDUM TO: Dennis Wetzel, Director FROM: Stephen Barber, Manager DATE: Wednesday, December 03, 2008 RE: R&S Laserfiche Annual Maintenance Support Renewal Request Board approval to renew the Laserfiche imaging system annual maintenance in the amount of $26,156.00. The Laserfiche annual maintenance renewal is required for St. Lucie County to continue to be licensed to use the Laserfiche document imaging system. This is in line with the County stated direction toward a paperless county government. Laserfiche is being used by several departments to image and store many types of documents including contracts, plans, and maps. Funds are available in account # 001-1955-534110 for $26,156.00. V Traci Sullivan From: Stephen Barber Sent: Wednesday, December 03, 2008 10:05 AM To: 'Deanna Porter' Cc: Katherine Figueroa; Traci Sullivan Subject: RE: Revised Invoice St Lucie BOCC required to take this, invoice before the Board for approval since it is over 525,000. Purchasing is preparing tIyr:' �xn�fa item today. li will get on the next available BOCC meeting consent agenda. 1'rn sorry for any inconvr nk,� nc:e ih may czjuse� The li'dep;Ar!Jn(�nt did not receive this invoice until mid Noveanxbet. When John and I reviewed the ,,-. oic.,y we forind that Ft S was overbilling (is by nearly $ 0,0U0, You corrected the invoice which l gave to Kathy for s . ",",filer procossing On doves—i :7er 20th. in the future it would b(.., best if you would provide any Invoice, to u-; 3 60 m €or" to d')e end datt" of the C olitt"act. This Will give us k me tc) ;:W"}(ces s payr tent, j 1nor to the expiration of C1ur A, :lt": li<ince a reernent, i nanks, stove Darhei- t, i_w fie Cminty BOCC Information Tf- noioy -.J.ri) alit in=,,r Avenue f:rarl: Piero-2, Ft. -34982 %16 -176 3 office. n 7 -e 46 441 barbers@stlucieco.or� From: Deanna Porter [mailto:Deanna@rsoasis.com] Sent: Thursday, November 20, 2008 10:34 AM To: Stephen Barber; Katherine Figueroa; Deanna Porter Subject: Revised invoice St Lucie BoCC Importance: High Steve, I made the changes as discussed. Please keep me updated as to when I can expect payment. Thank you very much. Deanna Porter dean na (a)rsoasis. com cell 863-287-8713 R&S Integrated Products and Services Inc. fr: Orrrration through Innovation 3816 Industry Blvd. Lakeland, FL 33811 863.709.8044 1 www.rsoasis.com _.� . cans=dvr the ens iron'went before printing this emci1. AMIME ?SSSItwilFs ARI EAF(RIIE WFMARE R&S Integrated Products & Services, Inc. P.O. Box 3585 Lakeland, FL 33802-3585 Ali MWO Phone # 863-709-8044 Fax # 863-709-8330 BILL TO: St. Lucie County Finance Department 2300 Virginia Ave. Ft. Pierce, FL 34982 SHIP TO: Original Invoice DATE INVOICE # 9/17/2008 26055 St. Lucie Information Technologies 2300 Virginia Ave. Roger Poitras Ft. Pierce, FL 34982 P.O. NO. TERMS SHIP VIA CUSTOMER ID Net 15 N/A ITEM CITY DESCRIPTION RATE AMOUNT LF S40R 1 LF Enterprise United Server Priority LSAP 5,768.00 5,768.00 LF FULLP 77 LF Full User Priority LSAP 145.00 11,165.00-' LF RRP 66 LF Retrieval User Priority LSAP 58.00 3,828.00 LF PSP 5 LF Snapshot LSAP per user 26.00 130.00 LF 978311UP 1 Weblink Enterprise LSAP 4,385.00 4,385.00:.," LF97858R 1 LF Integrator Toolkit Priority LSAP (most recent 880.00 880.00 purchases) **Term 10-1-08 to 9-30-09** ANNUAL SOFTWARE SUPPORT AND MAINTENANCE ONLY - Priority support includes 32 hours of Professional Services Physical Address: Total $26,156.00 3816Industry Blvd. Original Invoice Lakeland, FL 33811 Payments/Credits $0.00 Balance Due $26,156.00 C07-03-171 SECOND AMENDMENT TO MARCH 27, 2007 AGREEMENT BETWEEN ST. LUCIE COUNTY AND R&S INTEGRATED PRODUCTS & SERVICES, INC. THIS SECOND AMENDMENT, is made and entered into this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and R&S INTEGRATED PRODUCTS & SERVICES, INC., or his, its or their successors, executors, administrators, and assigns (the "Consultant"). WHEREAS, on March 27, 2007 the parties entered into a Laserfiche Software Support Agreement whereas the Consultant agreed to provide support for the County's Laserfiche software.; and, WHEREAS, on August 7, 2007, the parties executed the first amendment to the contract exercising the first one-year renewal option and extending the contract through September 3, 2008; and, WHEREAS, the parties desire further amend the contract to exercise the second one- year renewal options and accept the annual cost. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4. TERM shall be amended to read as follows: 4. TERM The term of this Agreement with respect to the support shall be for three years from October 1, 2006 through September 30, 2009. 2. Paragraph 5. COMPENSATION shall be amended to read as follows: 5. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement as follows: Year 1 10/01/2006 — 09/30/2007 Year 2 10/01/2007 — 09/30/2008 Year 3 10/01/2008 — 09/30/2009 Page 1 of 2 $ 28,088.00 $ 30,000.00 (NOT TO EXCEED) $ 30,000.00 (NOT TO EXCEED) C07-03-171 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY R&S INTEGRATED PRODUCTS & SERVICES, INC. BY: Print Name: Title: Page 2 of 2 Agenda Request Item Number VI -I Date: 1/06/2009 Consent [ X ] Regular [ ] Public Presentation [ ] Leg. [ ] Quasi -JD [ ] To: Board of County Commissioners Presented By Submitted By: Economic DevelopmentL4-� _ Economic evelopment Manager SUBJECT: Request approval to amend the Economic Development Council Grant for 2008-2009 by increasing the Grant from $150,000 to $250,000. BACKGROUND: For the past several years the County has entered into two annual agreements for $100,000 each with the Economic Development Council of St Lucie County (EDC) for a total grant of $200,000 to facilitate economic development in the County. For the period October 1, 2008 to September 30, 2009 the County is eliminating the grant for matching private funds and increasing the normal grant to $150,000. At the December 2008 workshop the Commission agreed to increase the Grant from $150,000 to $250,000 due to the consolidation of the current County Economic Development Division. The EDC would receive a quarterly fee of $62,500 for providing this service after completion of an interim report detailing the quarterly activities to achieve the goals and objectives as outlined in the contract. FUNDS AVAILABLE: The acceptance of the interim report will prompt the quarterly payment to the EDC and the funds are available in account 666-1515-582000-100 and 001-1515-582000-100. PREVIOUS ACTION: The BOCC has approved the 2008-2009 budget requests for the $150,000 grant and in the December workshop approved the additional $100,000. RECOMMENDATION: Staff recommends the approval to the amendment for the increase of $100,000 to the Grant. The total County Grant to the EDC for 2008-2009 would be $250,000. Staff further requests that the Board authorize the Chair to sign the agreement as drafted by the County Attorney. COMMISSION ACTION: APPROVE OTHER D = DENIED Approved 5-0 _ CONCURRENCE: L� Douglas M. Anderson (V� County Administrator Coordination/ Signatures 855T County Attorney % Mgt. &� �ther: get JTt>/* Originating Dept.: '*µ'�`��"'" Finance: Purchasing: Other: (insert file ref) COMMISSION REVIEW: 1/06/2009 Economic Development MEMORANDUM TO: Board of County Commissioners FROM: Larry Daum, Economic Development Manager DATE: January 6, 2009 SUBJECT: Request BOCC to amend the Economic Development Council Grant for 2008- 2009 by $100,000. On October 14, 2008 the BOCC approved a $150,000 grant for the Economic Development Council of St Lucie County (EDC). Then in a December workshop the BOCC approved an increase of $100,000 making the total Grant $250,000. The Grant amount of $250,000 will be paid on a quarterly basis after the completion of an interim report detailing the quarterly activities to achieve the goals and objectives as outlined in the agreement. Funds are available in Acct. #666-1515-582000-100 and 001-1515-582000-100. Staff recommends the approval to the amendment for the increase of $100,000 to the Grant. The total County Grant to the EDC for 2008-2009 would be $250,000. Staff further requests that the Board authorize the Chair to sign the agreement as drafted by the County Attorney. TO: AGENDA REQUEST Board of County Commissioners SUBMITTED BY (DEPT): Administration ITEM NO. VI - A DATE: January 6, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: ougl Anderson Count inistrator SUBJECT: Jail Medical Wing and 100-bed Minimum Security Dormitory -type Facility BACKGROUND: See attached memorandum FUNDS AVAILABLE: Federal Economic Stimulus Package Law Enforcement Impact Fees for Design PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends going out for proposals for design and engineering services to engineer and design renovations and expansion of the jail medical wing and 100-bed minimum -security dormitory -type facility and grant permission to advertise for RFP. COMMISSION ACTION: APPROVED [] DENIED [] OTHER: Approved 5-0 CONCURRENCE: �lDouglas M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 COUNTY ADMINISTRATION MEMORANDUM 08-107 TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator DATE: January 6, 2009 RE: Jail Medical Wing and 100-bed Minimum Security Dormitory -type Facility BACKGROUND As a result of the Impact Fee settlement with Port St. Lucie in June and the proposed Federal Economic Stimulus Package, County staff is recommending that the County go out for proposals for the design/engineering of the jail medical wing and a 100-bed minimum -security dormitory -type facility. We are planning on renovating the existing 12 beds of the medical wing and adding 28 additional beds for a total of 40 beds. We have received informal quotes for the design and construction of this facility ranging from $2,400,000 - $3,900,000. Also, the 1,670-bed jail is nearing capacity. We need to construct a 100-bed minimum - security dormitory type facility on jail property to make additional beds available at the jail for higher risk inmates. The cost is estimated to be $450,000 up to $800,000. At this time the Correctional Impact Fee fund shows a <$516,218> balance at the end of the 2009 fiscal year. Until construction picks up again, funds will not be available in the Correctional Impact Fees account to pay for correctional facilities capital expansion. However, as you know, we have applied for Federal Economic Stimulus money to fund these projects. RECOMMENDATION Staff recommends going out for proposals for design and engineering services to engineer and design renovations and expansion of the jail medical wing and 100-bed minimum -security dormitory -type facility and fund the design at the time of the award of the contract. The estimated design budget cost for both projects is estimated to be in the range of $250,000. County funds are available in the Law Enforcement Impact Fees for this purpose. We would not award a construction contract until we are either assured of Federal Funding or County funds are made available for the projects. This will enable us to expedite these projects should Federal Economic Stimulus funds be made available to the County. DMA/ms 08-107 c: Faye Outlaw, Assistant County Administrator Ken Mascara, Sheriff Roger Shinn, Central Services Director Marie Gouin, Management and Budget Director Dan McIntyre, County Attorney Garry Wilson, Chief Deputy AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-J2 DATE: January 06, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY: ADMINISTRATION ItI Douglas M. Anderson County Administrator SUBJECT: Airport Master Plan Update Technical Advisory Committee BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Request for ratification of the following appointments: Commissioner Grande: Commissioner Dzadovsky: Commissioner Lewis: Commissioner Craft: Commissioner Coward: FAA representative: FDOT representative: Chamber of Commerce: City of Ft. Pierce: City of Port St. Lucie: St. Lucie Village: Environmental organization: Two Fixed Based Operators: Diane Andrews Bob Greene Steve Hoskins James Brann Benjamin F. Robinson Jerry Groendyke, Air Traffic Control Tower Manager Nicole Notz, FDOT District 4 David Skiles David Recor Daniel Holbrook Jim Van Hekken George Jones John Mason, Key Air Treasure (bast & Chris Hambleton, Volo Aviation Staff recommends ratification of the following to the Airport Master Plan Update Technical Advisory Committee Commissioner Grande: Commissioner Dzadovsky: Commissioner Lewis: Commissioner Craft: Commissioner Coward: FAA representative: FDOT representative: Chamber of Commerce: City of Ft. Pierce: City of Port St. Lucie: St. Lucie Village: Environmental organization: Two Fixed Based Operators: Diane Andrews Bob Greene Steve Hoskins James Brann Benjamin F. Robinson Jerry Groendyke, Air Traffic Control Tower Manager Nicole Notz, FDOT District 4 David Skiles David Recor Daniel Holbrook Jim Van Hekken George Jones John Mason, Key Air Treasure Coast &Chris Hambleton, Volo Aviation COMMISSION ACTION: APPROVED [ ] DENIED [ ]OTHER Approved 5-0 CONCURRENCE: Douglas M. Anderson County Administrator Coordination/Signatures County Attorney: Management & Budget: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) Purchasing: Other: AGENDA REQUEST ITEM NO. VI-13 TO: Board of County Commissioners SUBMITTED BY (DEPT):Administradon SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: DATE: JANUARY 6, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [x] Anderson ninistrator Proposed New Distributor Operation - Letter of Intent (LOI) See attached LOI and memorandum Funds will be made available (est. 2009/2010 fiscal year and 4 years thereafter) through the budget process utilizing non Ad Valorem revenues as the primary funding preference. N/A Staff recommends the approval of the September 22, 2008 Letter of Intent Agreement with the proposed new distributor operation. COMMISSION ACTION: KAPPROVED [] DENIED [] OTHER: Approved 5-0 County Attorney: Originating Dept: Finance: (Check for Copy only, if applicable) CONCURRENCE: A.", Douglas M. Anderson County Administrator Review and Approvals Management K Budget: Purchasing: Other: Other: _ Effective: 5/96 F9 COUNTY ADMINISTRATION MEMORANDUM 08-108 TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator DATE: January 6, 2009 RE: Letter of Intent (LOI) — Distributor BACKGROUND Please find attached a Letter of Intent (LOI) I sent to Larry Pelton, President, Economic Development Council, on September 22, 2008, outlining incentives for the proposed new distributor operation, subject to Board of County Commissioners' approval. At this time, the owner of the project has decided to move forward. Based upon the data provided the County, this employer will hire 72 new employees with an average hourly wage rate of approximately $22.36, while making a $5,800,000 investment. The estimated total incentive package over 9 years by the County totals $277,552, based upon today's estimates. RECOMMENDATION Staff recommends sending a Board of County Commissioners' approved LOI to the proposed new distributor operation, outlining these incentives. DMA/ab 08-108 c: Faye Outlaw, Assistant County Administrator Dan McIntyre, County Attorney Larry Daum, Economic Development Manager Larry Pelton, President, Economic Development Council 3t BOARD OF COUNTY COMMISSIONERS September 22, 2008 COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON Economic Development Council of St. Lucie County Larry Pelton, President tip 1850 SW Fountainview Blvd., Suite 205 ofiden Port St. Lucie, FL., 34986 Co RE: Letter of Intent - Distributor Dear Mr. Pelton: St. Lucie County is pleased to present an estimated incentive package based upon a $5,800,000 capital investment including land together with 72 new employees with an average hourly wage of $22.36 for the proposed new operation. It is our understanding the distributor will construct and own the building. Tax Abatement Program Based upon the investment for building and equipment, $3,600,000, the Tax Abatement Program calculated over a 9-year period on a declining basis calculates out to be $120,952, based upon the current property tax rate. Any Tax Abatement Program is subject to a public hearing and vote by the Board of County Commissioners once a Certificate of Occupancy is received. Job Growth Incentive Grant Assuming the company hires 72 new employees at an average hourly rate of $22.36, the Job Growth Incentive Grant (JGIG) calculates out to $156,600. The company is eligible for this program after the 72 positions are filled for at least one year, with payroll records submitted to the County. The $156,600 would be paid out to the company over five years at $31,320 per year. Once again, the JGIG is subject to approval by the Board of County Commissioners. Therefore, the County is offering, based upon the information provided us, total incentives equaling $277,552. Incentive Summaru Property Tax Abatement $120,952 Job Growth Incentive Grant 156,600 Total Incentives $277, 552 JOSEPH E. SMITH, District No. 9 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE District No 4 • CHRIS CRAFT, District No. 5 County Administrator - Douglos M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 - Phone (772) 462-1450 w TDD (772) 462-1428 FAX (772) 462-1648 • emoil: aougo@cost-lucie.fl.us web site: www.co.st-lucie.fl.us Page 2 September 22, 2008 Letter of Intent We look forward to working with this new company and bringing these new jobs to St. Lucie County. Sincerely Douglas M. Anderson County Administrator DMA/ab 08-94 0 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: AGENDA REQUEST ITEM NO. VI-K1 DATE: 1 /6/09 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Community Services Stefanie Myers, Assistant Director Donation of Surplus Equipment Please see the attached memorandum. N/A None Authorize removal of eight computers and accessories from the County's Fixed Asset Inventory records and donation to the new Volunteer Income Tax Assistance site at the Church of Philadelphia of the Nazarene, a non- profit community organization COMMISSION ACTION: APPROVED O DENIED () OTHER Approved 5-0 CONCURRENCE: Douglas M. Anderson County Administrator Coordination/Sianatures r County Attorney (X) Management & B dget (X) Purchasing (X) Daniel McIntyre/�, Heather Young 4l y► ( �.,rNnt � f � r� Desiree Cimino •`yfriPJ.p !/wC.11PhPf, �`•'.��jn .'�' Community Services (X) Other - IT Finance (J for copy only if applicable) Beth Ryder Dennis Wetzel COMMUNITY SERVICES MEMORANDUM 09-80 TO: Board of County Commissioners FROM: Stefanie Myers, Assistant Directo SUBJECT: Donation of Surplus Equipment DATE: January 6, 2009 St. Lucie County is in receipt of a small grant to increase the awareness of the Earned Income Tax Credit and access to free tax preparation sites, with a specific outreach focus to those whose primary language is not English. Community Services is collaborating with the Church of Philadelphia of the Nazarene to open as a new Volunteer Income Tax Assistance site with support from the Haitian American Community Club, as it is a predominately Creole speaking organization and well networked in the Haitian community. This group will open a centrally located Volunteer Income Tax Assistance (VITA) site to enhance services to the Creole and Spanish speaking community, as well as English speaking low/moderate income residents. With support from Community services, the church will also provide fiscal education and resource information to help address the economic needs of residents. In order for this organization to provide the VITA services, eight computers for volunteers to use for the actual tax preparation are required. The Church has approached staff concerning surplus computer equipment that could be utilized in support of the VITA program and the EITC grant. Due to the age and speed of the equipment, staff has determined that there is no other County owned facility that could use the computer hardware, making it surplus and disposable. Residents can receive free tax preparation by volunteer preparers at nine sites throughout St. Lucie County beginning January 30, 2009, ensuring that those eligible for EITC will receive their full, earned share. Free Tax Assistance Sites: Fort Pierce Housing Authority — 707 N 7th Street, FP Morningside Library-2410 SE Morningside Blvd, PSL Fort Pierce Library —124 N Indian River Drive, FP Port St Lucie — to be determined Knights of Columbus — 451 Ravenswood Ln, PSL Save Our Children —1611 Avenue D, Fort Pierce Lakewood Park Library — 7605 Santa Barbara Dr, FP Church of Philadelphia of the Nazarene-207 Texas Ct, FP Miracle Prayer Temple — 3215 Avenue Q, FP STAFF RECOMMENDATION: Authorize removal of eight computers and accessories from the County's Fixed Asset Inventory records and donation to the new Volunteer Income Tax Assistance site at the Church of Philadelphia of the Nazarene, a non-profit community organization Stefanie Myers From: Madeline Yaroma Sent: Monday, December 29, 2008 10:36 AM To: Stefanie Myers; Nelson A Azcuenaga Cc: Daniel Allison Subject: Corrected WS from Community Services WS# Property # 23943 405845 IT - was at Solid Waste 29448 405995 23951 405848 23935 405846 23952 405849 26103 405671 23933 405844 29683 405958 Laptop SLC Information Technology Customer Service & Support (772) 462-2146 Fax (772) 462-2174 CustomerAco. st-luci.e.fl.us 1 AGENDA REQUEST ITEM NO: -/S - 4� 2- DATE: January 6, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: Jessica Parrish, Housing Project Coordinator SUBJECT: Permission to advertise Requests for Proposals for services necessaryto administer the Neighborhood Stabilization Program. BACKGROUND: See attached Memorandum No. 09-050. FUNDS AVAIL: Funding will be available in Fiscal Year 2009 from the Neighborhood Stabilization Program. The proposal from the Department of Community Affairs allocates a total of $3,981,601 to St. Lucie County. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends permission to advertise Requests for Proposals for services necessary to administer the Neighborhood Stabilization Program. COMMISSION ACTION: CONCURRENCE: [APPROVED [ ] DENIED [ ] OTHER Approved 5-0 145 4, County Attorney: x i� r►"i Daniel S. McIntyre/Heather�'Qung Originating Department Beth Ryder 1 Douglas M. Anderson County Administrator Coordination/Signatures Management & Budget x Purchasing: Other: Other: TO: FROM: DATE: SUBJECT: COMMUNITY SERVICES MEMORANDUM #09-50 Board of County Commissioners Jessica Parrish, Housing Project Coordinator January 6, 2009 Permission to advertise Requests for Proposal (RFP) for services necessary to administer the Neighborhood Stabilization Program On December 1, 2008 the Florida Department of Community Affairs (DCA) submitted its Neighborhood Stabilization Program Amendment to the United States Housing and Urban Development (HUD) in response to their state wide allocation of $91.14 million. DCA plans to allocate a total of $3,984,601 to St. Lucie County. The program requires that funding be used within eighteen months from the contract date between DCA and HUD to address foreclosed and abandoned properties in the areas of greatest need throughout the unincorporated areas of the County. If funds are not committed within ten months of DCA contracting with HUD, DCA will begin retracting funds and placing into a pool for later allocation throughout the state. With such a tight timeframe, staff is requesting permission to begin the procurement process for the following: • an appraiser • a home inspector • a title company • a HUD approved home buyer education provider • contractors • program proposals from community partners The funding will be split with $3,144,510 going towards home ownership for clients up to 120% of the area median income and $840,091 going towards rental for clients up to 50% of the area median income. St. Lucie County's current median income is $59,800. Recommendation: Staff recommends permission to advertise a Requests for Proposal for services necessary to administer the Neighborhood Stabilization Program. "I* AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: January 6, 2008 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Ordinance No. 09-003 (formerly No. 08-031) - Amending Section 7.10.23(N)(3) of the Land Development Code - Revise Separation Requirements for Telecommunications Tower Height General Requirements and Minimum Standards BACKGROUND: See CA No. 08-1698 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on September 9, 2008. The revision was heard by the Planning and Zoning Commission on October 16, 2008 and approved unanimously. A copy of the minutes are attached. (See Item E, page 11). RECOMMENDATION CONCLUSION: No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 20, 2009 at 6:00 pm or as soon thereafter as may be heard. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: No Action Required C; Review and Approvals [X] County Attorney: [ ]Management li Budget: Daniel McIntyre [ ] Road @ Bridge.: [) Parks Et Recreation Director [ ]Finance:(check for copy only, if applicable) CONCURRENCE: Douglas M. Anderson County Administrator ( ]Purchasing: [ ] Solid Waste Mgr Effective 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 08-1698 DATE: January 6, 2009 SUBJECT: Ordinance No. 09-003 (formerly No. 08-031) - Amending Section 7.10.23(N)(3) of the Land Development Code - Revise Separation Requirements for Telecommunications Tower Height General Requirements and Minimum Standards Ordinance No. 09-003 will change Section 7.10.23(N)(3) Table 7-40 as shown below: Table 7-40 From any habitable residential structure 750 feet or 200% of telecommunications (except for accessory security residences in IL, tower height, whichever is greater IH and U zoning districts From the property line of vacant residentially 750 feet or 200% of telecommunications zoned land tower height, whichever is greater From any non -residentially zoned land and Fall radius or zoning setback, whichever is accessory security residences in IL, IH and U greater zoning districts 1. separation measured from base of telecommunications tower to closest building setback line. Permission to advertise was granted by Board of County Commissioners on September 9, 2008. The revision was heard by the Planning and Zoning Commission on October 16, 2008 and approved unanimously. A copy of the minutes are attached. (See Item E, page 11). No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 20, 2009 at 6:00 pm or as soon thereafter as may be heard. KMS/cb Attachment H: \KMS-BCC-08-031-Istreading mpd ORDINANCE NO. 09-003 formerly Ordinance No. 08-031 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.23(N)(3), SEPARATION REQUIREMENTS FOR TELECOMMUNICATIONS TOWER HEIGHT; GENERAL REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY AND APPLICABILITY, INCLUSION IN THE CODE AND PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AN EFFECTIVE DATE WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996, providing federal regulation of wireless telecommunications, a technology of wireless voice, video and data communications systems rapidly becoming available, requiring land use facilities that impact planning and zoning concerns in St. Lucie County ("County") and throughout the United States; and WHEREAS, Florida law as applicable to the County's authority to regulate the siting of wireless telecommunication facilities has been amended; and WHEREAS, it is the County's intent to establish standards in compliance with applicable federal and state laws; and WHEREAS, the County finds that it is in the public interest to permit the siting of wireless telecommunications towers and antennas within the County's boundaries, and WHEREAS, the County has received and expects to receive additional requests from telecommunications service providers to site wireless telecommunications towers and antennas within the County boundaries and is authorized by federal, state and local law to regulate the siting of such telecommunications towers and antennas; and WHEREAS, it is the intent of the County to provide reasonable accommodation to, and to promote and encourage fair and reasonable competition among telecommunications service providers or providers of functionally equivalent services on a neutral and nondiscriminatory basis; and WHEREAS, the purpose and intent of this Ordinance are to establish appropriate locations, and, further, to develop the requirements and standards to permit the siting of raek-tk+�oagFt portions are deleted. Underlined portions are added. Page 1 of 40 wireless telecommunications towers and antennas within the County's boundaries, with due consideration to the County's comprehensive plan, zoning map, existing land uses and environmentally sensitive areas, including hurricane preparedness areas, and WHEREAS, it is the intent of this Ordinance to encourage collocation between wireless telecommunications service providers and to enhance the ability of the providers to provide such services to the County through an efficient and timely application process pursuant to Fla. Stat. 5 365.172 as amended; and WHEREAS, any antennas and related equipment to service the antennas that are being collocated on existing above ground structures are not subject to land development regulation pursuant to Fla. Stat. § 365.172, provided the height of the, existing structure is not increased; and WHEREAS, through these regulated standards, it is the intent of the County to protect and promote the health, safety and general welfare of its citizens and residents, the traveling public and others in such a manner that will minimize both the number of telecommunications towers and antennas and the adverse visual impact and other potential damage by these facilities by encouraging collocation and shared use of new and pre- existing telecommunications facilities, through incentives, careful design, engineering siting, landscape screening and innovative camouflaging techniques; and WHEREAS, this Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March 14, 1991 91-21 - November 7, 1991 93-01 - February 16, 1993 93-05 - May 25, 1993 93-07 - May 25, 1993 94-18 - August 16, 1994 91-09 - May 14, 1991 92-17 - June 2, 1992 93-03 - February 16, 1993 93-06 - May 25, 1993 94-07 - June 22, 1994 94-21 - August 16, 1994 Page 2 of 40 Struck threugh portions are deleted. Underlined portions are added. 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 - February 2, 1999 99-02 - April 6, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07 - April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07- January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-05 - April 18, 2006 06-13 - June 6, 2006 06-22 July 18, 2006 06-30 - September 12, 2006 06-40 - August 1, 2006 06-47 - December 5, 2006 07-11 - February 6, 2007 07-15- May 1, 2007 07-17 - June 5, 2007 07-32 - November 6, 2007 08-04 - March 11, 2008 08-08 - June 17, 2008 08-12 - September 9, 2008 08-25 - September 16, 2008 WHEREAS, on October 16, 2008, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved; and WHEREAS, on , this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Tribune on February 22, 2008; and WHEREAS, on , this Board held its second public hearing on the proposed ordinance; and WHEREAS, the proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. �#i°ctelt#�tr--,,h portions are deleted. Underlined portions are added. Page 3 of 40 Lucie County Comprehensive Plan and are in the best interest of the health, safety and welfare of the citizens of 5t. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of 5t. Lucie, Florida that: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS INCLUDE: CHAPTER II SECTION 7.10.23 WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS A. PURPOSE: The purpose of this section is to establish regulations and requirements for the siting of wireless telecommunications facilities. All new towers or antennas in the County shall be subject to these regulations, except where specifically excluded. The section is intended to accomplish the following: 1. Protect and promote the public health, safety and general welfare of the residents of the unincorporated areas of the County; 2. Minimize potential impacts of towers upon residential areas and land uses; 3. Encourage and promote the location of towers in nonresidential areas, where the adverse impact on the community is minimal; 4. Minimize the total number of towers throughout the community by strongly encouraging the collocation of antennas on new and pre-existing tower sites as a primary option rather than construction of additional single -use towers; 5. Encourage and promote users of telecommunications towers and antennas to configure them in a way that minimizes the adverse visual impact of the telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; and truelttHretj t portions are deleted. Underlined portions are added. Page 4 of 40 6. Minimize potential damage to property from wireless telecommunications towers and telecommunications facilities by requiring such structures be soundly designed, constructed, modified and maintained and in compliance with all requirements of the Building Code applicable to similar structures; and 7. Enhance the ability of the providers of telecommunications services to provide such services to the community through an efficient and timely application process. In furtherance of these goals, the County will at all times give due consideration to the County's Comprehensive Plan, zoning maps, existing land uses, and environmentally sensitive areas, including hurricane preparedness areas, in approving sites for the location of towers and antennas. B. DEFINITIONS As used in this Section, the following terms will have the meanings set forth below, and will have control over any other definitions contained in the County's Code: 1. "Accessory Use" means a secondary use including a use that is related to, incidental to, subordinate to and subservient to the main use of the property on which an antenna and or telecommunications tower is sited. 2. "Alternative, Camouflage or Stealth Tower or Antenna Structure" means a design mounting structure that encloses, obscures or conceals the presence of an antenna or telecommunications tower (for example, man-made trees, clock towers, bell steeples, light poles, utility poles and similar alternative designs.) 3. "Antenna" means a transmitting and/or receiving device mounted on a telecommunications tower, building or structure and used in wireless telecommunications services that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals and other communications signals including directional antennas such as panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations. �s#raelc *ktreagFt portions are deleted. Underlined portions are added. Page 5 of 40 4. "Applicant" [owner, licensed contractor, and/or lessee] means a person or entity with property owner authorization, with an application before the County for a permit for a wireless service facility. 5. "Broadcasting Facility" means any telecommunications tower built primarily for the purpose of broadcasting AM, FM or television signals. 6. "Building -permit Review" means a review for compliance with building constructions standards adopted by the County under Chapter 553 and Chapter 13 of the County Land Development Code and does not include a review for compliance with land development regulations. 7. "Carrier" means a company licensed by the Federal Communications Commission (FCC) that provides wireless services. A tower builder or owner is not a carrier unless licensed to provide wireless services. 8. "County" means the County of St. Lucie, a political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. 9. "Collocation" means the situation when a second or subsequent wireless carrier use an existing structure to locate a second or subsequent antennas. The term includes the ground, platform, or roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other equipment associated with the location and operation of the antenna. 10. "Equipment Building" means the cabinets, shelter, building or other such structure which contains the electronic equipment used in the operation of the antenna. Unless, the context indicates otherwise, the term includes generators, generator fuel supplies, cable connections and supports electrical panels and similar accessory components. 11. "Essential Services" means those services provided by the County and other governmental entities that directly relate to the health and safety of its residents, including fire, police and rescue. 12. "Existing Structure means a structure that exists at the time an application for permission to place antennas on a structure is filed with the County. The term includes any structure that can structurally support the attachment of antennas in compliance with applicable codes. S#�aek #kreagFr portions are deleted. Underlined portions are added. Page 6 of 40 13. "FAA" means the Federal Aviation Administration. 14. "Fair Market Value" means the price at which a willing seller, or telecommunications tower owner, and willing buyer, or service provider seeking to rent space on owners' telecommunications tower, will trade. 15. "FCC" means the Federal Communications Commission. 16. "Guyed Tower" means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors_ 17. "Height" when referring to a telecommunications tower or other related structure, means the vertical distance measured from the finished grade of the parcel to the highest point on the telecommunications tower or other related structure, including the base pad and any antenna. 18. "Historic Building, Resource, Structure, Site, Object, or District" means any building, resource, structure, site, object, or district that has been officially designated as a historic building, historic resource, historic structure, historic site, historic object, or historic district through a federal, state or local designation program. 19. "Land Development Regulations" means any ordinance enacted by the County for the regulation of any aspect of development, including zoning, subdivisions, landscaping, tree protection, or signs, the County's comprehensive plan, or any other ordinance concerning any aspect of the development of land. The term does not include any building construction standard adopted under and in compliance with Chapter 553. 20. "Lattice Tower" means a telecommunications tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports. 21. "Microwave Dish Antenna" means a dish -like antenna used to link telecommunications sites together by wireless transmission and/or receipt of voice or data. 22. "Monopole Tower" means a telecommunications tower consisting of a single pole or spire self -supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports. portions are deleted. Underlined portions are added. Page 7 of 40 23. "Pre -Existing Towers and Pre -Existing Antennas" means any telecommunications tower or antenna for which a building permit or special use permit has been properly issued and finalized prior to the effective date of this Ordinance, including permitted telecommunications towers or antennas that have not yet been constructed so long as such approval is current and not expired. 24. "Search Area" means the geographic area, in which a telecommunications facility must be located in order to provide coverage of the applicant/tenant's designed service areas certified by an affidavit of a Radio Frequency Engineer. 25. "Whip Antenna" means a cylindrical antenna that transmits signals in 360 degrees. 26. "Wireless Telecommunications Service" means "commercial mobile radio service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 Stat. 312. The term includes service provided by any wireless real-time two-way communication device, including radio -telephone communications used in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio -telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored -voice services on an interconnected basis; providers of air -to -ground services; or public coast stations. 27. "Wireless or Telecommunications Tower" means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving wireless telecommunications services, telephone, radio and similar communication purposes, including lattice, monopole and guyed telecommunications towers. Unless otherwise expressly excluded, the term includes transmission telecommunications towers, microwave telecommunications towers, common - carrier telecommunications towers, cellular telephone telecommunications towers, alternative telecommunications tower structures, among others. 28. "Wireless Communications or Telecommunications Facility" means any equipment or facility used to provide wireless telecommunications service and may include, but is not limited to, antennas, towers, equipment enclosures, cabling, antenna brackets, and other such equipment. Placing a wireless communications facility on an existing structure does not cause the existing structure to become a wireless communications �reag�t portions are deleted. Underlined portions are added. Page 8 of 40 facility. Such definition shall not include facilities of a governmental entity where such facilities are utilized to provide intra-governmental communications, not generally available to the public, to protect the health, safety and welfare of the public, including but not limited to the South Florida Water Management District_ C. GENERAL: 1. Telecommunications towers may be located as a permitted use in the "AG-5" Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U" Utility Zoning Districts subject to the requirements of to Section 7.10.23. Telecommunications towers may be located as a conditional use, subject to the requirements of Section 7.10.23 and Section 11.07.00, in all remaining zoning districts. 2. Telecommunications towers may be located as a permitted use on the same property as another use. A different existing use on the same lot or parcel that is proposed to have a telecommunications tower located on it shall not preclude the installation of that telecommunication tower if the other requirements of this section can be met. 3. Broadcasting Facilities/Amateur Radio Station Operators/Receive Only Antennas. This Ordinance will not govern any telecommunications tower, or the installation of any antenna, that is for the use of a broadcasting facility or is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receiving only antennas. 4. Collocation of telecommunications antennas by more than one provider on existing telecommunications towers shall take precedence over the construction of new telecommunications towers. Accordingly, each application shall include a written report certified by a professional engineer licensed to practice in the state of Florida, stating that the applicant has reviewed the County's inventory of existing towers, antennas and approved sites within the search area for collocation opportunities on an existing site, and that no existing tower or structure within 1/2 mile of the proposed site can accommodate, or be modified to accommodate the applicant's proposed facility. r,`-• • re, portions are deleted. Underlined portions are added. Page 9 of 40 5. Inventory of Existing Sites: a. Each applicant shall review the County's inventory of existing towers, antennas, and approved. All requests for sites other than the inventory shall include specific information concerning the location, height, and design of the proposed telecommunications tower. No new telecommunications tower shall be approved unless the applicant demonstrates to the reasonable satisfaction of the County that no existing tower, structure or economically or technically feasible alternative technology that does not require the use of new telecommunications tower or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing telecommunications tower structure or alternative technology is suitable shall consist of any of the following: -1i. An affidavit demonstrating that the applicant made diligent efforts for permission to install or collocate the applicant's telecommunications facilities on County owned telecommunications towers or usable antenna support located within a one-half (1/2) mile radiuses of the proposed telecommunications tower site. ii. An affidavit demonstrating that the applicant made diligent efforts to install or collocate the applicant's telecommunications facilities on towers or useable antenna support structures owned by other persons located within a one-half (1/2) mile radius of the proposed telecommunications tower site. iii. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. t-�,�;rought portions are deleted. Underlined portions are added. Page 10 of 40 V. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. vi. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. vii. The applicant demonstrates that alternative technology used in the wireless telecommunications business and within the scope of applicant's FCC license, is economically or technically not feasible. b. The County may share such information as provided in Sections 7.10.23LI)(2)(a) with other applicants applying for a permitted use on private property and conditional use under this section or other organizations seeking to locate antennas within the jurisdiction of the County provided, however, that the County is not, by sharing such information, in any way representing or warranting that such information is accurate or that such sites are available or suitable. I 6. No signals, artificial lights, or illuminations shall be permitted on any tower or antenna unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. 7. Other than warning signs, no signs, including commercial advertising, logos, political signs, flyers, or banners shall be allowed on any part of a telecommunications tower. Any signs placed in violation of this section shall be removed at the expense of the owner. All warning signage shall conform with the requirements of Chapter 9.00.00 of this Code. Notwithstanding those requirements, the following provisions shall apply: a. The warning signs may be attached to free standing poles if the content of the signs may be obstructed by landscaping. Struck through portions are deleted. Underlined portions are added. Page 11 of 40 b. The County reserves the right to modify or waive the above requirements to avoid visual clutter and to better apply the goals of this section. C. Warning signs shall include the name of the owner(s) and operators and a twenty-four (24) hour emergency telephone number posted adjacent to the gate. d. If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE --DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than forty (40) feet apart. e. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall and spaced no more than forty (40) feet apart. f. The height of the lettering of the warning signs shall be at least twelve (12) inches in height. The warning signs shall be installed at least five (5) feet above the finished grade. 8. Parking shall be in compliance with Section 7.05.00 and 7.06.00 of this Code. 9. All telecommunications towers, and the accessory building(s) and/or equipment associated with the towers, shall be enclosed by opaque security fencing eight (8) feet in height and the tower shall be equipped with an appropriate anti climbing device, regardless of the zoning district in which the tower is located, provided, however, the County may waive such requirements. 10. Telecommunications tower setbacks and separations standards, as provided in Sections 7.10.23(M) and 7.10.23(N)(1) of this Code shall be calculated and applied to telecommunications tower facilities located in the County irrespective of municipal and county jurisdictional boundaries. 11. Telecommunications towers shall be regulated and permitted pursuant to this Section and shall not be regulated as essential services, public utilities, or private utilities. Struck threuo portions are deleted. Underlined portions are added. Page 12 of 40 12. Owners and/or operators of towers shall certify that all licenses required by law for the construction and/or operation of a wireless communications system in the County have been obtained and shall file a copy of all required licenses with the County. D. APPLICATIONS FOR NEW WIRELESS TELECOMMUNICATIONS TOWERS: 1. The County shall grant or deny each properly completed application for any wireless communications facility, not otherwise subject to 5ec. K, based on the applicant's compliance with the County's applicable regulations, including but not limited to land development regulations, consistent with this subsection and within the normal time frame for a similar type of review but in no case later than ninety (90) business days after the date the application is determined to be properly completed in accordance with this paragraph. 2. An application is deemed submitted or resubmitted on the date the application is received by the County. If the County does not notify the applicant in writing that the application is not completed in compliance with the County's regulations within twenty (20) business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the County's regulations, the County shall so notify the applicant in writing and the notification must indicate with specificity any deficiencies in the required documents or deficiencies in the content of the required documents or deficiencies in the content of the required documents which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the County shall notify the applicant, in writing, within the normal time frame of review, but in no case longer than twenty (20) business days after the additional information is submitted, of any remaining deficiencies that must be cured. Deficiencies in document type or content not specified by the County do not make the application incomplete. Notwithstanding this subparagraph, if a specified deficiency is not properly cured when the applicant resubmits its application to comply with the notice of deficiencies, the County may continue to request the information until such time as the specified deficiency is cured. The County may establish reasonable time frames within which the required information to cure the application deficiency is to be provided or the application will be considered withdrawn or closed. �gkt portions are deleted. Underlined portions are added. Page 13 of 40 3. If the County fails to grant or deny a properly completed application for a wireless communications facility within the time frames set forth in this Section D, the application shall be deemed automatically approved and the applicant may proceed with placement of such facilities without interference or penalty. The time frames specified in this Section D may be extended only to the extent that the application has not been granted or denied because the County's procedure generally applicable to all other similar types of applications permits, require action by the Board of County Commissioners and such action has not taken place within the time frames specified in this Section 5. Under such circumstances, the County will act to either grant or deny the application at its next regularly scheduled meeting or otherwise, the application is deemed to be automatically approved. Applicants regulated by this Ordinance may request a pre application conference with the County. Such request shall be submitted with a non refundable fee of Five Hundred Dollars ($500.00) to reimburse the County for the cost and fees incurred by the conference. E. BUILDING CODES/SAFETY STANDARDS: The construction, maintenance, operation and repair of telecommunications facilities are subject to the supervision of the County to the extent not otherwise prohibited by Ch. 365.172 FL. STAT., and shall be performed in compliance with all applicable laws, ordinances, departmental rules and regulations and practices affecting such structures including, but not limited to, zoning codes, building codes, and safety codes, and as provided below. 1. All telecommunications towers must meet or exceed current standards and regulations of the FAA, the FCC, including radio frequency emission standards and regulations of the state or federal government with the authority to regulate towers prior to issuance of a building permit by the County. If such applicable standards and regulations are changed, then the owners of the telecommunications towers governed by this Ordinance shall bring such towers and antennas into compliance with such revised standards within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Unless otherwise prohibited by applicable federal or state law, failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower at the expense of the owner. Struek t;reagK portions are deleted. Underlined portions are added. Page 14 of 40 2. To ensure the structural integrity of telecommunications towers, the owner shall construct and maintain the telecommunications tower in compliance with all applicable building codes, other applicable codes and standards as amended from time to time. A statement shall be submitted to the County by a professional engineer certifying compliance with this subsection. Where a preexisting structure, including light and power poles, is requested as a camouflage facility by the owner, the facility, and all modifications thereof, shall comply with all requirements as provided in this section. 3. Although the County will not require wireless providers to provide evidence of a wireless communications facility's compliance with federal regulations except evidence of compliance with applicable Federal Aviation Administration requirements, and evidence of proper FCC license or other evidence of FCC authorized spectrum use, the County may request the FCC to provide information as to a wireless provider's compliance with federal regulations, as authorized by federal law. F. REQUIREMENT OF SITE PLAN AND ENGINEERING REPORT. All applicants for new towers and towers which are modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional engineer licensed to practice in the State of Florida. The report shall include: all information required by Section 11.02.09 A (1) (2) (3) and (5) of the Land Development Code of St. Lucie County except to the extent such information is determined to be not applicable by the Building Department or otherwise prohibited by applicable state or federal law. In addition, the report shall include the following: 1. A site plan of the property within 300% percent of the tower height of the tower drawn to scale prepared in accordance with the requirements of Section 11.02.00 of this Code, including, but not limited to: a. Site plan development consistent with Section 11.02.00 including_ A tax parcel number, legal description of the parent tract and leased parcel, total acres, and Section/Township/Range of the subject property; �- —, . hreag t portions are deleted. Underlined portions are added. Page 15 of 40 ii. The lease parcel fully dimensioned, including property lines, setbacks, roads on or adjacent to the subject property, easements; iii. Outline of all existing buildings, including a purpose (i.e., residential buildings, garages, accessory structures, etc.) on subject property located within 300% of the tower height from the tower; iv. All existing vegetation, by mass or individually by diameter, measured four (4) feet from the ground of each stand-alone tree on the subject property located within 300% of the tower height of the tower V. Proposed/existing security barrier, indicating type and extent as well as point of controlled entry; vi. Proposed/existing access easements, utility easements, and parking for the telecommunications tower; vii. All proposed changes to the subject property, including grading, vegetation removal, temporary or permanent roads and .driveways, storm water management facilities and any other construction or development attendant to the telecommunications tower; viii. If applicable, on -site and adjacent land uses, and Comprehensive Plan classification of the site. 2. Type of tower and specifics of design. a. Scaled renderings of elevations depicting the design of the tower and associated equipment including but not limited to the antennas, mounts, equipment shelters, cable as well as cable runs, fencing, landscaping and security barrier, if any; b. Materials of the proposed tower specified by generic type and specific treatment (i.e., anodized aluminum, stained wood, painted fiberglass, etc. These shall be provided for the antennas, mounts, 5#r�ek M►rmwgh portions are deleted. Underlined portions are added. Page 16 of 40 equipment shelters, cable as well as cable runs, and security barrier, if any; C. Colors of the proposed tower represented by a color board or equivalent showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment buildings, cable as well as cable runs, and security barrier, if any; d. Dimensions of the tower specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any; and e. A visual impact analysis, with a minimum of two (2) photo digitalization or photographic superimpositions of the tower within the subject property. The photo digitalization or photographic superimpositions shall be provided for all attachments, including: the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any for the total height, width and breadth, as well as at a distance of two hundred fifty (250) feet and five hundred (500) feet from all properties within that range, or at other points agreed upon in a pre - application conference_ 3. If applicable, a narrative of why the proposed. tower cannot comply with the requirements as stated in this section. 4. Prior to issuance of a permit, current wind -loading capacity and a projection of wind -loading capacity using different types of antennas as contemplated by the applicant. No telecommunications tower shall be permitted or be permitted to be modified so as to exceed its wind -loading capacity. 5. A statement that the proposed tower, including reception and transmission functions, will not interfere with the customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and nonresidential properties. 6. A statement of compliance with Section 7.10.23(E), all applicable Building Codes, associated regulations and safety standards. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the telecommunications 5#raek-#I�ea4 portions are deleted. Underlined portions are added. Page 17 of 40 tower. Except where provided in Section 7.10.23($C)(3)(a), all towers shall have the capacity to permit multiple users; at a minimum, monopole towers shall be able to accommodate two (2) users and, at a minimum, self support/lattice or guyed towers shall be able to accommodate three (3) users. 7. Any additional information reasonably deemed necessary by the County to assess compliance with this Code and applicable law. 8. Special fee. The County shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual towers. The special fee shall be based upon the hourly rate of the independent technical consultant or expert the County deems necessary to properly evaluate applications for a tower or towers. The special fee shall be applied to those applications requiring special review or evaluation. The special fee shall be paid by the applicant to the County. G. AESTHETICS. All telecommunications towers and antennas shall meet the following requirements: 1. At a telecommunications tower site, the design of the buildings and related structures shall use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact. Towers and any accessory buildings shall retain their silver/grey factory finish, or subject to any applicable standards of the FAA, be finished or painted in stealth or neutral tone colors, so as to reduce visual obtrusiveness. 2. Except as noted in paragraph 3 and 4 below; all telecommunications tower sites must comply with the landscaping and screening requirements of the Land Development Code. The Environmental Resources Director shall require landscaping in excess of any written requirements as is deemed reasonably necessary in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained to ensure good health and viability at the expense of the owner. Telecommunications tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the telecommunications tower compound from property used for residences. The standard buffer Strwek throagFt portions are deleted. Underlined portions are added. Page 18 of 40 shall consist of a landscaped strip at least ten (10) feet wide outside of the perimeter of the compound, except that, if the tower perimeter abuts a public or private street or road right-of-way, the minimum buffer width shall be fifteen (15) feet. Existing mature growth, not including exotics, and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. The Environmental Resources Director shall be responsible for determining if the existing native perimeter vegetation meets the intent of this Code. All areas disturbed during project construction shall be replanted with vegetation according to Section 7.09.00, of this Code. 3. If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible_ 4. The Board of County Commissioners may consider total or partial relief from the required perimeter landscaping requirements of Paragraph 2 above, if the proposed Telecommunications Tower meets all of the following standards and criteria: a. The Telecommunications Tower is located in an A&-5, AG-2.5, AG-1, IL, IH or U Zoning district. b. The proposed Telecommunications Tower is located a minimum of one thousand (1000) feet, or the tower height, whichever is greater, from the nearest public street or road right-of-way, public park or playground, pubic or private school (primary or secondary educational facility), habitable residential structure or any area zoned for residential or commercial uses. For the purpose of this paragraph this restriction shall apply to all properties regardless of political boundary. C. The proposed Telecommunications Tower base must be screened from view by either existing vegetation, intervening buildings, structures or other physical or made features meeting the intent of this code. S#raelf#kretigk portions are deleted. Underlined portions are added. Page 19 of 40 d. It is demonstrated to the satisfaction of the Board of County Commissioners that the planting of any vegetation would result in the high probability of general plant mortality due to unacceptable soil conditions that cannot otherwise be resolved through replacement of the soil or other form of soil treatment. In considering any request for relief under the provisions of this section, the Board of County Commissioners may impose reasonable limiting conditions associated with that relief. 5_ The provisions of this paragraph shall not apply to wireless facilities erected or attached to any existing telecommunications tower or existing building or structure except that any support buildings or structures for the additional antenna or antenna arrays must be screened compliant with the intent of this code. 6. The County reserves the right to require that any new towers be designed as an alternative tower structure. H. SECURITY FUND. Every Telecommunications service provider shall establish a cash security fund, or provide the County with an irrevocable letter of credit in the same amount, to .secure the cost of removing an antenna, antenna array, or tower that has been determined to be abandoned under Section 7.10.23(Q), in the event the owner fails to comply with the provisions of Section 7.10.23(Q). The amount of the cash security fund, letter of credit, or, bond is to be provided as follows: 1. For each commercial telecommunication $25,000 tower and the initial set of antenna or antenna array 2. For each co -located telecommunication $5,000 providers antenna or antenna array Strueli thretio portions are deleted. Underlined portions are added. Page 20 of 40 I. GENERAL REQUIREMENTS FOR THE LOCATION OF NEW WIRELESS TELECOMMUNICATIONS TOWERS ON COUNTY PROPERTY In addition to the other standards of this section, every new telecommunications tower proposed for location on any property owned, leased, and/or controlled by St. Lucie County shall be subject to the following minimum standards: 1. Lease Required. Any new construction, installation or placement of a telecommunications facility on any property owned, leased, and/or controlled by the County shall require a Lease Agreement executed by the County and the owner of the facility. The County may require, as a condition of entering into a Lease Agreement with a telecommunications services provider, the dedication of space on the facility for public health and safety purposes, as well as property improvements on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease. 2. Incentive to collocate facilities on County property. Pursuant to the intent of this Ordinance, the County shall provide the following incentives to tenants in order to encourage the collocation of telecommunications facilities: a. Tenants seeking to co -locate shall not pay rent to the facility owner in excess of the fair market value for the space, as determined at the time of execution of the lease. b. The County shall receive a percentage of the rental fees and permit fees received by the telecommunications facility operators from each subsequent tenant at a single telecommunications facility located on public property. Fees for placement, installation and use of telecommunications towers and antennas shall be determined by resolution .of the Board. C. No lease or sublease granted under this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the County for delivery of telecommunications services or any other purpose. #rag► portions are deleted. Underlined portions are added. Page 21 of 40 d. No lease granted under this section shall convey any right, title, or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purpose and term stated in the lease agreement. No lease granted under this section shall be construed as a conveyance of a fee title interest in the property. e. The Board of County Commissioners shall adopt by resolution a standard fee schedule to be used in the calculation of lease rates for the use of County property for establishing a telecommunications tower site. 3. Indemnification and insurance requirements Indemnification a. The County shall not enter into any lease agreement or otherwise allowing tower siting by a telecommunications service provider until and unless the County obtains an adequate indemnification from such provider. This indemnification must at least: (1) Release the County from and against any and all liability and responsibility in or arising out of the constructions, operation, or repair of the telecommunications facility. Each telecommunications facility operator must further agree not to sue or seek any money or damages from the County in connection with the above mentioned matter; (2) Indemnify and hold harmless the County, its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorney's fees, liabilities, damages, orders, judgments or decrees, sustained by the County or any third party arising out of, or by reason of, or resulting from, or out of each telecommunications facility operator's, or its agent's, employee's, or servant's negligent acts, errors, or omissions; and, Sigh portions are deleted. Underlined portions are added. Page 22 of 40 (3) Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the responsibility of the party to indemnify. Insurance a. The County may not enter into any lease agreement, or otherwise authorize a tower site by any telecommunications service provider until and unless the County obtains assurance that such operator (and those acting on its behalf) have adequate insurance as determined by the County Personnel/Risk Manager. At a minimum, the following insurance requirements shall be satisfied: (1) A telecommunications facility operator shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the County Personnel/Risk Manager, nor shall a telecommunications facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved by the County Personnel/Risk Manager. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the County may order such entities to cease operation of the facility until such insurance is obtained and approved. (2) Certificate(s) of such insurance, reflecting evidence of the required insurance shall be filed with the County Personnel/Risk Manager. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. `tl-•• wgkt portions are deleted. Underlined portions are added. Page 23 of 40 (3) The certif icate(s) of insurance shall contain a provision that coverages afforded under such policies shall not be cancelled until at least thirty (30) days prior written notice has been given to the County. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. (4) Where applicable, in the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the term of the lease agreement with the County, then in that event the telecommunications facility operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage remains in effect for the balance of the lease term. b. A telecommunications facility operator and its contractors or subcontracts engaged in work on the operator's behalf, shall maintain minimum insurance, in the amounts determined by the County Personnel/Risk Manager, to cover liability, bodily injury and property damage. The insurance shall cover the following exposures: premises, operations, and certain contracts. Such coverage shall be written on an occurrence basis and shall also be required under any lease agreement between the County and the telecommunications facility operator. J. INITIAL WIRELESS TELECOMMUNICATIONS ANTENNAS ON EXISTING STRUCTURES. Any telecommunications antenna which is not attached to a tower shall be approved by the Building Director as an accessory use to any commercial, industrial, institutional, or multi -family structure of three (3) or more stories provided: 1. The antenna does not extend more than twenty (20) feet above the highest point of the structure; and 2. The antenna complies with all applicable FCC and FAA regulations and all applicable building codes; and 5#rae6-4row3h portions are deleted. Underlined portions are added. Page 24 of 40 3. Wall -mounted antennas shall be located as close as possible but no more than four (4) feet from the face of the wall of the building to which it is attached; and 4. To minimize adverse visual impacts, antenna types shall be selected based upon the following priority: (1) camouflage; (2) whip; (3) panel; and, (4) dish. An applicant for the construction of a telecommunications tower shall state in writing why each choice cannot be used for a particular application if that choice is not the top priority; and 5. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets; and 6. No signals, lights, or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the County Code. K. COLLOCATION OF WIRELESS ANTENNAS ON EXISTING TOWERS AND STRUCTURES An antenna which is attached to an existing tower shall be approved provided such collocation is accomplished in a manner consistent with the following: 1. a. The County shall grant or deny each properly completed application, as provided in this Section, for the collocation of a wireless communications facility within the County's jurisdiction within the normal time frame for a similar building permit review but in no case later than forty-five (45) business days after the date the application is determined to be properly completed in accordance with the County's application procedures provided the following. b. Collocations on towers, including non -conforming towers, that meet the requirements in subparagraphs b(I) through b(iii) below, are subject to only building permit review, which may include a review for 54P.-u►e{o *kPow-gi-h portions are deleted. Underlined portions are added. Page 25 of 40 compliance with this subparagraph, such collocations are not subject to any design or placement requirements of the County's land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennas placement approval, to any other portion of the land development regulations, or to public hearing review. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application, provided the following: �i. The collocation does not increase the height of the tower to which the antennas are to be attached, measured to the highest point of any part of the tower or any existing antenna attached to the tower; and ii. The collocation does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment enclosures and ancillary facilities; and iii. The collocation consists of antennas, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennas placed on the tower and to its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the tower supporting the antenna. Such regulations may include the design and aesthetic requirements, but not procedural requirements, other than those authorized by this section, of the County's land development regulations in effect at the time the initial antennas placement was approved. C. Except for a historic building, structure, site, object, or district, a collocation on all other existing structures that meet the requirements in subparagraphs C (I) through (iv) below shall be subject to no more than building permit review, and an administrative review for compliance with this subparagraph. Such collocations are not subject to any portion of the County's land development regulations not addressed herein, or to public hearing review. Nothing herein shall preclude a public hearing for any appeal of the decision on the collocation application: ,:at�t portions are deleted. Underlined portions are added. Page 26 of 40 i. The collocation does not increase the height of the existing structure to which the antennas are to be attached, measured to the highest point of any part of the structure or any existing antenna attached to the structure; ii. The collocation does not increase the ground space area, otherwise known as the compound, if any, approved in the site plan for equipment enclosures and ancillary facilities; iii. The collocation consists of antenna, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with any applicable structural or aesthetic design requirements and any requirements for location on the structure, but not prohibitions or restrictions on the placement of additional collocations on the existing structure or procedural requirements, other than those authorized by this section, of the County's land development regulations in effect at the time of the collocation application; and iv. The collocation consists of antenna, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable restrictions or conditions, if any, that do not conflict with subparagraph (c) and were applied to the initial antenna placed on the structure and its accompanying equipment enclosures and ancillary facilities and, if applicable, applied to the structure supporting the antennas. d. Regulations, restrictions, conditions, or permits of the County, acting in its regulatory capacity, that limit the number of collocations or require review processes inconsistent with this subsection, shall not apply to collocations addressed in this paragraph. e. If only a portion of the collocation does not meet the requirements of this subparagraph, such as an increase in the height of the proposed antenna over the existing structure height or a proposal to expand the ground space approved in the site plan for the equipment enclosure, where all other portions of the collocation meet the requirements of this subparagraph, the portion of the collocation only S#ra-IF -# troagl, portions are deleted. Underlined portions are added. Page 27 of 40 may be reviewed under the County's regulations applicable to an initial placement of that portion of the facility, including, but not limited to, its land development regulations, and within the review time frame specified in Section D for the placement of new towers. The rest of the collocation shall be reviewed in accordance with this subparagraph. A collocation proposed under this subparagraph that increases the ground space area, otherwise known as the compound, approved in the original site plan for equipment enclosures and ancillary facilities by no more than a cumulative amount of four hundred (400) square feet or fifty percent (50%) of the original compound size, whichever is greater, shall, however, require no more than administrative review for compliance with the County's regulations, including, but not limited to, land development regulations review, and building permit review, with no public hearing. This subparagraph shall not preclude a public hearing for any appeal of the decision on the collocation application. f. If a collocation does not meet the requirements of subparagraph K.1.b. and c., the County may review the application under the County's regulations, including, but not limited to, land development regulations, applicable to the placement of an initial antennas and its accompanying equipment enclosure and ancillary facilities. g. If a collocation meets the requirements of subparagraph K.l.b. and c, the collocation shall not be considered a modification to an existing structure or an impermissible modification of a nonconforming structure. h. The owner of the existing tower on which the proposed antennas are to be collocated shall remain responsible for compliance with any applicable condition or requirement of a permit or agreement, or any applicable condition or requirement of the land development regulations to which the existing tower had to comply at the time the tower was permitted, including any aesthetic requirements, provided the condition or requirement is not inconsistent with this paragraph. An existing tower, including a nonconforming tower, may be structurally modified in order to permit collocation or may be replaced through no more than site plan and building permit review Strueli fl—&gK portions are deleted. Underlined portions are added. Page 28 of 40 process for approval, and is not subject to public hearing review, if the overall height of the tower is not increased and, if a replacement, the replacement tower is a monopole tower or, if the existing tower is a camouflaged tower, the replacement tower is a like -camouflaged tower. The subparagraph shall not preclude a public hearing for any appeal of the decision on the application. 2. An existing tower may be modified or rebuilt up to the some height or to a taller height, to accommodate the collocation of an additional antenna(s), only if the modification or reconstruction is in full compliance with Building Code and requirements consistent with the original site approval process including but not limited to submission of a site plan. This provision shall include utility and power poles. This additional height shall not require an additional separation as set forth in Section 7.10.23(N). The pre - modification tower height shall be used to calculate such distance separations. 3. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty (50) feet of its existing location, subject to applicable setback and separation requirements. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Section 7.10.23(N) and shall in no way be deemed to cause a violation of Section 7.10.23(N). A tower which previously received a conditional use approval may be rebuilt according to the conditions under which the conditional use was approved. 4. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. The initial tower shall be removed within thirty (30) days of the final inspection for the new tower. 5. Microwave dish antennas located less than sixty-five (65) feet above the ground may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-five (65) feet and higher above the ground may not exceed eight (8) feet in diameter. Ground -mounted dish antennas must be located or screened so as not to be visible from abutting public streets_ 5*ruektn°e—H portions are deleted. Underlined portions are added. Page 29 of 40 L. ROOFTOP MOUNTED TELECOMMUNICATIONS TOWERS AND ANTENNAS. All rooftop towers and antennas shall comply with the following requirements: 1. The height of any tower or antenna, including support structures, shall not extend more than fifteen (15) feet above the average height of the roof line; and 2. Rooftop communication facilities shall not adversely affect adjacent properties; and 3. Screening shall be required to minimize the visual impact upon adjacent properties. M. SETBACKS. The following setback requirements shall apply to all telecommunications towers for which a permit is required: 1. All telecommunications towers shall be setback from all property lines a minimum distance of the fall radius of the tower or the minimum setback for the zoning district whichever is greater. 2. The base of any guys and accessory buildings must satisfy the minimum zoning district setback requirements. N. SEPARATION/HEIGHT: 1. The following separation requirements shall apply to all telecommunications towers for which a building permit is required: a. Separation from off-site/designated areas: 1. Telecommunication tower separation shall be measured from the base of the telecommunication tower to the lot line of the off -site and/or designated areas as specified in Table 7-40, except as otherwise provided in Table 7-40. �radgFt portions are deleted. Underlined portions are added. Page 30 of 40 2_ The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing telecommunications tower(s) and the owner/operator of the existing telecommunications tower(s), if known: 3. Separation requirements for towers shall comply with the minimum standards established in Table 7-40. Table 7-40 From any habitable residential structure 750 feet or 200% of (except for accessory security residences in telecommunications tower height, IL, IH and U zoning districts whichever is greater From the property line of vacant residentially 750feet or 200% of zoned land telecommunications tower height, whichever is reater' From any non -residentially zoned land and Fall radius or zoning setback, whichever accessory security residences in IL, IH and U is greater zoning districts ,.Separation measured from base of telecommunications tower to closest building setback line. 4. Separation distances between telecommunications towers shall be applicable for and measured between the proposed telecommunications tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the pre-existing telecommunications tower and the proposed base, pursuant to a site plan, of the proposed telecommunications tower. The separation distance shall be a minimum of one (1) mile, regardless of type of towers. 5. The Board of Adjustment may approve variances from the separation requirements to habitable residential structures, and to vacant residentially zoned land, provided that no b#rael— portions are deleted. Underlined portions are added. Page 31 of 40 variance shall permit a separation distance of less than that required from non-residential land. 6. The Board of Adjustment shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to them showing that: a. A literal interpretation of the provisions of Table 7-40 would render the applicant in violation of applicable law or would preclude provision of service in the desired area. b. The granting of the variance will not be detrimental or injurious to surrounding properties, and will not endanger public safety. C. The variance is the minimum variance that will make possible reasonable use of the land, building, and structures; and d. The variance requested arises from a condition that is unique and peculiar to the land involved and that it is created by the conditions of this Code and not by the actions of the property owner or applicant. The above standards of review are in addition to those general standards set out in Section 10.01.02 of this Code b_ Separation distances between telecommunications towers. 1. The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known. 2. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing raek kracigh portions are deleted. Underlined portions are added, Page 32 of 40 or following a straight line between the center of the base of the existing tower and the center of the base of the proposed tower, pursuant to a site plan. 3. Each applicant shall review the County's inventory of existing towers, antennas, and approved sites within the search area. All requests for sites other than the inventory shall include specific information concerning the location, height, and design of the proposed tower. No new tower shall be permitted within one mile of an existing tower unless the applicant demonstrates to the reasonable satisfaction of the County that no existing tower, structure or alternative technology that does not require the use of new towers or new structures can accommodate, or be modified to accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower structure or alternative technology is suitable may consist of any of the following: a. No existing tower or structure located within the search area has the capacity to provide reasonable technical service. b. Existing towers or structures are not of sufficient height to meet applicable requirements. C. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antennas. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or to adapt an existing tower or structure for sharing are #melt-*k .-0-9,► portions are deleted. Underlined portions are added. Page 33 of 40 unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable. 4. The Board of Adjustment may approve variances from the separation requirement provided that the applicant meets all other provisions of Section 7.10.23(N). 5. The separation distance of one mile between towers shall not apply to properties that are proposed to be developed as a "telecommunications tower farm", in order to encourage clustering of telecommunications towers on a single property, provided that all other setback and separation standards as specified in this section are met. 6. Unless otherwise granted a variance, telecommunications towers shall be constructed in heights as provided below: a. For a single user, up to one hundred (100) feet in height; b. For two users, up to one hundred fifty (150) feet in height; C. For three or more users, towers in excess of one hundred fifty (150) feet, but not taller than two hundred fifty (250) feet, provided such towers are constructed as a monopole as defined herein. d. For the purpose of determining compliance with all requirements of this Section, measurement of telecommunications tower height shall include the telecommunications tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Telecommunications tower height shall be measured from grade. S#rae}*ktractgh portions are deleted. Underlined portions are added. Page 34 of 40 O_ BUILDINGS AND EQUIPMENT STORAGE AREAS. It is recognized that each telecommunications tower will have some type of associated electronic support and equipment buildings at or near the tower. Depending on the type of tower being erected, the following general standards shall apply, in addition to the other general provisions of the code. 1. Rooftop mounted wireless facilities shall comply with the following requirements: a. Rooftop equipment/storage cabinets shall be set back a minimum of f if teen (15) feet from the edge of the roof or 1/4 of the distance along the perpendicular axis of the roof, whichever is less. b. All rooftop equipment buildings shall be finished, screened or designed so that they blend into the architecture of the building on which they are located. C. All equipment buildings shall meet all County design standards and comply with the building codes. d. No commercial advertising, including company name, shall be allowed on an antenna, screen or equipment building. e. No signals, lights, or illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission or the Federal Aviation Administration. Security lighting around the base of the antenna and equipment building may be provided if such light conforms to the overspill requirement in the County Code. f. The only signage that may be permanently attached to the building shall be for the purpose of identifying the party responsible for operation and maintenance of the facility, its address, and telephone number for safety and security and shall comply with this Code. g. Mobile or stationary equipment not located within the building upon which the antenna is mounted, or in an equipment building or cabinet, 5#1- e'F *6 --agl1 portions are deleted. Underlined portions are added. Page 35 of 40 shall not be stored or parked on the site of a building mounted antenna, unless repairs to the antenna are being made. 2. Antennas located on power poles, street lights or other utility poles shall comply with the requirements for collocations set forth herein and with the following requirements. a. Equipment/storage cabinets located on the ground in a public right of way shall not exceed a total of twenty-five (25) square feet in area without administrative approval b. The height of any equipment/storage cabinet located on the ground in a public right of way shall not exceed five (5) feet without administrative approval. 3. Antennas located on towers shall comply with the following requirements: a. Equipment/storage facilities shall comply with the minimum building setback standards of the zoning district in which they are located. This requirement may be modified by the Board of Adjustment to encourage collocation. b. All equipment/storage facilities shall be screened in accordance with the general requirements of Section 7.09.00. 4. Generators may be used only when other power sources are not available, and as an emergency back-up power source. P. SUPPLEMENTAL REVIEW INFORMATION FOR WIRELESS TELECOMMUNICATIONS TOWER CONDITIONAL USE APPLICATIONS. In addition to the minimum standards of review set forth in this section, any application for a conditional use permit for the construction of a telecommunications tower shall address the following standards and requirements: 1. Compliance with the procedures and requirements of Section 11.07.00. �r�oagi-v portions are deleted. Underlined portions are added. Page 36 of 40 2. Availability of suitable existing towers, other structures, or economically and technically feasible alternative technologies not requiring the use of towers or structures. 3. Height of the proposed tower. 4. Setback and separation distance between the proposed tower and the nearest residential units, residential district boundaries, and platted residentially zoned property, where applicable. 5. Typography of the area where the tower is proposed to be located. 6. Type, extent and density of existing native vegetation at the proposed site and the surrounding tree coverage and foliage. 7. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Camouflage tower designs shall be encouraged as meeting this criterion. 8_ Proposed ingress and egress. 9. A non refundable fee of five hundred dollars ($500.00) to reimburse the County for the costs of reviewing the application. Q. REMOVAL OF WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS. Any telecommunications tower or antenna that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such telecommunications tower or antenna -shall remove the same within ninety (90) days of receipt of notice from the County notifying the owner of such abandonment. Failure to remove an abandoned telecommunications tower or antenna within the ninety (90) days shall be grounds for the County to remove the tower at the expense of the owner. If there are two (2) or more users of a single telecommunications tower, the telecommunications tower shall not be considered abandoned until all users cease using the telecommunications tower for a continuous period of twelve (12) months. Struek through portions are deleted. Underlined portions are added. Page 37 of 40 R. PRE-EXISTING TELECOMMUNICATIONS TOWERS. Any telecommunications tower erected before September 2, 1997 shall be allowed to continue usages which existed on this date. Routine maintenance of the tower and its support facilities is allowed to continue. Any existing tower that does not meet the standards of this section shall not be required to meet these standards unless and until the tower is proposed for replacement. At the time any existing telecommunications tower is proposed to be replaced or substantially improved, then the requirements of this section shall apply to the extent not prohibited by Ch. 365.172 FL.5tat. S. INSPECTIONS, REPORTS, FEES, AND MONITORING. 1. Telecommunications tower owners shall submit a report to the Building Department certifying structural and electrical integrity of the tower every five (5) years. The report shall be accompanied by a non refundable fee of two hundred dollars ($200.00) to reimburse the County for the cost of review. 2. The County may conduct periodic inspections of telecommunications towers, at the owner's expense, to ensure structural and electrical integrity and compliance with the provision of this Ordinance. The owner of the telecommunications tower may be required by the County to have more frequent inspections should there be extraordinary conditions or other reason to believe that the structural and electrical integrity of the tower is jeopardized. There shall be a maximum of one inspection per year unless extraordinary conditions warrant. If, upon inspection, the County concludes that a tower fails to comply with applicable laws, codes, regulations or permits or constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such communications towers into compliance within thirty (30) days shall constitute grounds for the removal of the telecommunications tower or antenna at the owner's expense. Page 38 of 40 oQgFt portions are deleted. Underlined portions are added. T. PENALTIES. Any person, firm or corporation who knowingly breaches any provision of this Section shall upon receipt of written notice from the County be given a time schedule to cure the violation. Failure to commence to cure within thirty (30) days and to complete a cure, to the County's satisfaction, within sixty (60) days, or such longer time as the County may specify, shall result in revocation of any permit or license and the County shall seek any remedy or damages to the full extent of the law. This shall not preclude other penalties allowed by law. PART B. SEVERABILITY. The various parts, Sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, Section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. In the event of a subsequent change in applicable law, so the provision which had been held invalid is no longer invalid the provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding under this Ordinance. PART C. INCLUSION IN THE CODE. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. PART D. PROVISIONS OF THIS SECTION TO CONTROL. Notwithstanding any contrary provisions of the County's Code of Ordinances, including the County's zoning regulations, the provisions of this new Ordinance shall control. PART E. REPEALER. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Stri `F *'9ratt4 portions are deleted. Underlined portions are added. Page 39 of 40 PART F. EFFECTIVE DATE. This ordinance shall be effective upon filing with the Department of State. PART G. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART H. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304, PART I. ADOPTION After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ENACTED this ATTEST: day of BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 40 of 40 2009. *kre-114 portions are deleted. Underlined portions are added. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 St. Lucie County Planning and Zoning Commission/Local Planning Agency Commission Chambers, 3Td Floor, Roger Poitras Annex October 16, 2008 Regular Meeting 6:00 P.M. A compact disc recording of this meeting, in its entirety, has been placed in the file along with these minutes as part of the record. In the event of a conflict between the written minutes and the compact disc, the compact disc shall control. I. CALL TO ORDER Chairman Caron called the meeting to order at 6:03 p.m. A. Pledge of Allegiance B. Roll Call Susan Caron ...........................Chairman Craig Mundt ........................... Vice Chairman Bryan Beaty ...........................Board Member Brad Culverhouse ................... Board Member Pamela Hammer .....................Board Member Edward Lounds ......................Board Member Stephanie Morgan...............Board Member Britt Reynolds ........................Board Member Barry Schrader .......................Board Member (Mr. Schrader arrived shortly after roll -call) Kathryn Hensley ....................Ex-Officio Others Present Mark Satterlee ..................... Robin Meyer ....................... Heather Young .................... Katherine Mackenzie -Smith Aneela Ansar....................... Larry Szynkowski ............... Linda Pendarvis .................. C. ANNOUNCEMENTS None. ...Director, Growth Management Dept. ...Assistant Director, Growth Management Dept. ...Assistant County Attorney ..Assistant County Attorney ...Senior Planner ...Senior Planner ...Planner D. DISCLOSURES Mr. Mundt advised that he had conversations with a member of the public regarding the Ft. Pierce Mosque application. Draft Number 1 10.21.08 I consistent with the RU (Residential Urban) Future Land Use of the 2 property. The hours of operation of the mosque will be Fridays from 3 11 am until 2pm and Sundays from 1 Oam until 4pm. 4 5 Staff is recommending approval with thirteen Conditions of Approval as 6 noted in the Staff Report. 7 8 Matthew Speath, with Speath Engineering, representing the applicant, 9 addressed the Board stating that they concur with staff and added that 10 there is an extensive amount of buffering to screen the property from the 11 surrounding area and the street. Mr. Speath also explained that the client 12 is flexible with regards to the height of the dome, as well as other aspects 13 of the building, the buffering, etc. 14 15 Mr. Lounds questioned if there will be any microphones coming from the 16 tower. Mr. Speath responded that there will be no external sounds; the 17 only sounds will be internal. Mr. Lounds also questioned why they are 18 requesting a zoning change from Religious Facilities to PNRD. Staff 19 responded by explaining that a PNRD affords the County greater control 20 in requiring the applicant to provide such things as buffering, parking, etc. 21 It also requires the applicant to submit a site plan and allows the County to 22 impose conditions of approval. 23 24 Ms. Caron opened the public hearing. 25 26 The following members of the public spoke in opposition (for reasons 27 such as increased drainage problems for the area, the height of the 28 building, and that the proposed project does not fit since the surrounding 29 area is residential, single-family homes): Kevin Payne (President of 30 Estates of Longwood Homeowner's Association) (Mr. Payne read from a 31 prepared statement which he distributed to Board members), David 32 Willbur, Dianne Frye and Rocco Ballantoni. 33 34 The following member of the public spoke in favor: Jonathan Ferguson. 35 Mr. Ferguson stated that he feels the mosque would have very limited 36 impact on the surrounding area. Mr. Ferguson also noted that requiring 37 the applicant to put in a portion of a sidewalk on Bell Avenue and Sunrise 38 Avenue seems ridiculous since there are no sidewalks anywhere else on 39 either street. Essentially, it would be a small strip of sidewalk leading to 40 nowhere. ►.� 42 No one else from the public spoke and the public hearing was closed. 43 44 Mr. Speath addressed the Board again and explained, among other things, 45 that the applicant is working with the South Florida Water Management 46 District regarding the drainage. They will be required to flood their Draft Number 1 10.21.08 I Ms. Hammer motioned that the Planning and Zoning Commission 2 forward this application to the Board of County Commissioners with 3 a recommendation of denial because it violates Section 11.06.03 of the 4 Land Development Code, which indicates whether there is a conflict 5 with the public interest; it violates the section of the Code that 6 provides for Future Land Use Element Goal 1.1, which is to ensure 7 the highest quality living environment of the local residents; and there 8 is a major water drainage problem in this area. 9 10 11 Mr. Reynolds seconded. 12 Mr. Culverhouse moved to amend the motion and recommended that 13 the Planning and Zoning Commission recommend that the Board of 14 County Commissioners approve the change in zoning because based 15 upon the Standards of Review as set forth in Section 11.06.03 of the 16 St. Lucie County Land Development Code and as set forth in the Staff 17 Report. 18 19 Ms. Hammer stated that she did not agree with the amendment. 20 21 There was a lengthy discussion with regards to the rules of order. Ms. 22 Young explained that any amendments to a motion must be accepted by 23 the maker of the motion and the seconder. Mr. Culverhouse was in protest 24 of that explanation. 25 26 Ms. Young recommended that Chairman Caron call for a second to Mr. 27 Culverhouse's motion. 28 29 Ms. Caron inquired if there was a second to Mr. Culverhouse's motion. 30 No one seconded the motion; therefore, the motion failed. 31 32 Ms. Hammer's motion remained on the floor; Ms. Caron requested roll 33 call. 34 35 Roll Call 36 Mr. Schrader — no 37 Ms. Morgan — no 38 Mr. Lounds — no 39 Mr. Culverhouse — no 40 Mr. Beaty — no 41 Vice Chairman Mundt — no 42 Mr. Reynolds — yes 43 Ms. Hammer — yes 44 Chairman Caron — no 45 46 The motion failed 2-7. Draft Number 1 5 10.21.08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Harold Melville, representing Dogs & Cats Forever, Inc., addressed the Board and stated they concur with staff and have no objections to any of the conditions of approval. Ms. Caron questioned how the facility will dispose of dog and cat waste. The Executive Director of Dogs and Cats Forever (her name was indiscernible) explained that waste will be picked up and put into the dumpsters. Ms. Hammer suggested that the outdoor play area be opened at 9am rather than lam in consideration of nearby neighbors. Ms. Morgan suggested that the facility be allowed to use the outdoor play area during the hours they are open to the public (9:30am until 4pm). Ms. Caron opened the public hearing. No one from the public spoke and the public hearing was closed. Mr. Lounds questioned if staff or the client received any concerns from residents to the east regarding this proposed use. Mr. Melville responded no. Ms. Morgan interjected and explained that one of the neighbors currently operates a dog kennel. Ms. Morgan motioned that the Planning and Zoning Commission forward this application to the Board of County Commissioners with a recommendation of approval because it is the perfect place for this type of operation, with the exception that the outdoor play/exercise area can be used during the entire time the facility is open to the public (from 9:30am until 4pm). Mr. Schrader seconded as long the nine conditions of approval staff identified be included (with the exception of condition number 2, which should be deleted). Ms. Morgan was in agreement Roll Call Mr. Reynolds — yes Mr. Lounds — yes Ms. Hammer — yes Mr. Culverhouse — yes Mr. Beaty — yes Vice Chairman Mundt — yes Mr. Schrader — yes Ms. Morgan — yes Chairman Caron — yes Draft Number 1 10.21.08 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Vice Chairman Mundt — yes Mr. Reynolds — yes Mr. Beaty — yes Chairman Caron — yes The motion carried unanimously. D. St. Lucie County: Ordinance No. 08-017 Petition of St. Lucie County to amend Chapter 1-16.6 "Public Buildings Impact Fee," Chapter 1-17 "Roads Impact Fee," and Chapter 1-15 "Parks Impact Fee" of the Code of St. Lucie County. Mr. Satterlee gave a brief introduction explaining that this is a follow-up, with revisions made to the data, etc., from the Board's May meeting. Dr. James Nicholas, consultant to the County on this item, displayed a power point presentation and gave an in-depth review of the Technical Memorandum on the Methods Used to Calculate Improvements Driven Road, Public Buildings and Park & Recreation Impact Fees document. The county will be switching to the improvements method for charging developers impact fees for roads, parks and public buildings. This methodology is tied directly to capital improvements noted in the Capital Improvements Plan. Ms. Caron opened the public hearing. The following members of the public came forward and spoke: Donald Santos, representing Treasure Coast Builders Association, expressed frustration and anger at the lack of professionalism by certain members of. County staff, who after receiving this report, did not immediately make the report available to the Treasure Coast Builders Association (TCBA). TCBA had to go to Assistant County Administrator Faye Outlaw to get a copy of the report. Mr. Santos feels there are many flaws to Dr. Nicholas' report. Mr. Santos does not agree with the projected numbers of new homes to be built as contained in the report, as well as disagreeing with many other issues. Mr. Santos does not feel now, given the state of the economy, is the time to increase impact fees or to change what the County is currently doing. Jonathan Ferguson, Esq., representing Core Communities, commented at great length in opposition to Dr. Nicholas' report. Mr. Ferguson also distributed a letter from Core Communities to Board members. Mr. Ferguson feels that there are too many variables, which can be manipulated and that the new impact fees are unfair. Mr. Ferguson suggests that the Board have staff go back and ensure that what the new Draft Number 1 10.21.08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 E. St. Lucie Countv: Ordinance No. 08-031 Petition of St. Lucie County to amend Section 7.10.23(n)(3) of the Land Development Code — Revise Separation Requirements for Telecommunications Tower Height General Requirements and Minimum Standards. Katherine Mackenzie -Smith, Assistant County Attorney, presented this item explaining that staff is proposing a minor change to the ordinance. The change will be on Table 7-40 (changing setback requirements) — the wording "the property line of will be added before the wording "vacant residentially zoned land" and the wording "750 feet or" will be added before the wording " 200% of telecommunications tower height" and "whichever is greater" will be added following that sentence. Staff is recommending approval. Ms. Caron opened the public hearing. No one from the public spoke and the public hearing was closed. Ms. Hammer motioned for approval; Mr. Beaty seconded and the motion carried unanimously. IV. OTHER BUSINESS Board members inquired if there would a December meeting of the Planning & Zoning Commission. Mr. Satterlee responded by explaining that he will advise Board members by November 1, 2008 whether a December meeting will be scheduled or not. V. ADJOURN There being no further business, the meeting was adjourned at 10:50 p.m. Draft Number 1 10.21.08 11 AGENDA REQUEST ciiU NTY F L© R I D A ITEM NO. ti I I -13 DATE: January 6, 2009 REGULAR [] PUBLIC HEARING [XX] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Ordinance No. 09-002 - Economic Development Ad Valorem Tax Exemption - Ineligible Business or Industry BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 09-002 as drafted and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: K APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Douglas Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: _ Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng. Finance: (Check for copy only, if applicable) Eff. 5/96 2 PART C. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART D. ADOPTION. After motion and second, the vote on this ordinance was as follows: Paula A. Lewis, Chair XXX Charles Grande, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. 2 Straek through passages are deleted. Agenda Request To: Board of County Commissioners Submitted By: Growth Management Department Item Number: Meeting Date: 01/06/2009 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. [ ] Quasi -JD [ ] ente ark Satterlee Growth Management Director SUBJECT: Petition of International Airport Business Park, LLC for a Proportionate Fair Share and Road Impact Fee Credit Agreement for the intersection improvements to Kings Highway and St. Lucie Boulevard to support the project known as International Airport Business Park located at the southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial Light) zoning district. (File No.: BOCC 620081496) PREVIOUS ACTION: On January 6, 2009 in a tandem application, the BOCC will consider Resolution 08-185 that would grant a second, twelve (12) month extension to the Major Site Plan. This Resolution will extend the date of the expiration of the site plan to August 16, 2009. May 22, 2007, the BOCC adopted Resolution 07-125 granting a 12 month extension to the Major Site Plan. This Resolution extended the date of expiration of the site plan to August 16, 2008. August 16, 2005, the BOCC adopted Resolution 05-149, granting Major Site Plan approval to the project consisting of 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station. RECOMMENDATION: Staff recommends Adoption of Draft Resolution No.09-004 that grants approval to the Proportionate Fair Share and Road Impact Fee Credit Agreement, which complies with Condition of Approval Number 4 of Resolution No. 09-003 regarding the cost of intersection improvements on Kings Highway to serve the project known as International Airport Business Park. COMMISSION ACTION: APPROVED = DENIED 0 OTHER Approved 5-0 - County Attorney CONCURRENCE: Douglas M. Anderson �} County Administrator Coordination/ Signatures Environ. Res. d Dept: Dan yjc r McIntyre PF County Surveyor:��� Ron Harris County mvp Engineering Michael Powley Form No. 07-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Commission Review: December 16, 2008 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satt , C*vowth Managarnent Director Kristin Tets rth, Planning Manage PREPARED BY: Jeffr son, Senior Planner DATE: December 16, 2008 SUBJECT: Petition of International Airport Business Park of St. Lucie County, LLC for consideration of a Proportionate Fair Share and Road Impact Fee Credit Agreement for the intersection improvements to Kings Highway and St. Lucie Boulevard to support the project known as International Airport Business Park of St. Lucie County. GENERAL INFORMATION: Applicant: International Airport Business Park of St. Lucie County, LLC Gabriel Volante 15300 NW 7th Avenue Miami, FL 33169 Requested Action/Purpose: Consideration of a Proportionate Fair Share and Road Impact Fee Credit Agreement between St. Lucie County and International Airport Business Park of St. Lucie County, LLC to allow the mitigation of traffic impacts presented by the Major Site Plan application to construct 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station for the project known as International Airport Business Park. Location: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue Zoning District: IL (Industrial, Light) Zoning District Future Land Use: I, Industrial v January 6, 2009 Subject: International Airport Business Park Proportionate Fair Share Page 2 and Road Impact Fee Credit Agreement File No: BCC620081496 1 2 On December 5, 2006, the Board of County Commissioners enacted Ordinance No. 06- 3 047, which amended Chapter V of the St. Lucie County Land Development Code and 4 stipulated new requirements for the implementation of a concurrency management 5 system. This ordinance further determined the level of service standards; the 6 methodologies to calculate proportionate fair share mitigation agreements; and the 7 application/processing requirements for those agreements to be reviewed by the County 8 Attorney and subsequently presented to the Board of County Commissioners. 9 10 International Airport Business Park Major Site Plan is subject to a Proportionate Fair 11 Share payment for the intersection improvements to Kings Highway and St. Lucie 12 Boulevard to support the proposed development of the property and its impact on this 13 intersection. The applicant's calculation for the fair share contribution to project traffic 14 impacts upon Kings Highway at St. Lucie Boulevard for the International Airport 15 Business Park site plan is $11,070. The Kings Highway/St. Lucie Boulevard intersection 16 improvements are scheduled for construction in 2012 according to the Five Year Road 17 Program and the Capital Improvement Element of the Comprehensive Plan. 18 19 Attached is a copy of Draft Resolution No. 09-004, which, if adopted, would grant 20 approval for a Proportionate Fair Share and Road Impact Fee Credit Agreement for 21 transportation facilities to serve the project to be known as International Airport 22 Business Park. 23 24 Staff recommends adoption of Draft Resolution No. 09-004. Please contact this office if 25 you have any questions on this matter. 26 27 SUBMITTED: 28 29 30 31 Ma Satter e, AICP 32 Growth Management Director 33 34 35 Attachments: 36 37 Draft Resolution No. 09-004 38 39 JNJ 40 G:/Planning/PROJECT FILES/International Airport Business Park/Prop FairShare BCCmemo _ Environmental Resources �COUNTY Department • R I D A Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: December 24, 2008 RE: International Airport Business Park Proportionate Fair Share and Road Impact Fee Credit Agreement DEPARTMENT COORDINATION The Growth Management Dept. requested Environmental Resources Department (ERD) input on the applicant's request for approval of a Proportionate Fair Share and Road Impact Fee Credit Agreement. ERDINPUT ERD does not object to the GM recommendation of credit agreement acceptance. ERD RECOMMENDATION ERD does not object to the GM recommendation of credit agreement acceptance. (9vironmental Resourc epartment C: ERD Director 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. 09-004 FILE NO.: BCC 620081496 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL OF A PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AGREEMENT FOR TRANSPORTATION FACILITIES TO SERVE THE PROJECT KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AGREEMENT International Airport Business Park, LLC requested a Major Site Plan approval for the project to known as International Airport Business Park consisting of 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station, for property located at the southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial, Light) zoning district for the property described in Part B of Resolution No.09-003. 2. The Development Review Committee has reviewed the Major Site Plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 3. On January 6, 2009, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted/denied approval for an additional twelve (12) month Major Final Site Plan Extension for the project known as International Airport Business Park. 4. On January 6, 2009, this Board adopted Resolution No. 09-003 granting (approval/denial) for an additional twelve (12) month Major Final Site Plan Extension for the international Airport Business Park which required a Proportionate Fair Share Agreement as a Condition of Approval. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Proportionate Fair Share and Road Impact Fee Credit Agreement, as shown in "Exhibit A" attached hereto and made a part hereof, is approved under Resolution No. 09-004, and does not change or alter any other conditions of approval or requirements of Resolution No. 09-003. File No: BCC 620081496 January 6, 2009 Resolution No. 09-004 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. C. A copy of this resolution shall be attached to the site plan drawings described in Section A of Resolution No. 09-003 which plan shall be placed on file with the St. Lucie County Growth Management Director. D. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: Chair Paula Lewis xxx Vice -Chair Charles Grande xxx Commissioner Chris Dzadovsky xxx Commissioner Doug Coward xxx Commissioner Chris Craft xxx PASSED AND DULY ADOPTED this 6th day of January, 2009. Deputy Clerk File No: BCC 620081496 January 6, 2009 M BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 09-004 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ON 23 24 25 26 27 28 File No: BCC 620081496 January 6, 2009 Exhibit A Proportionate Fair Share Agreement Resolution No. 09-004 Page 3 PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AGREEMENT This Proportionate Fair Share and Road Impact Fee Credit Agreement (hereinafter "Agreement") is made and entered into this 6th day of January, 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "County") and INTERNATIONAL AIRPORT BUISNESS PARK OF ST. LUCIE COUNTY, LLC, a Florida limited liability company ("hereinafter Developer"). WITNESSETH WHEREAS, the Board of County Commissioners has established by Ordinance No. 06-047 the Proportionate Fair Share Program as required by and in a manner consistent with Section 163.3180(16), Florida Statutes; and WHEREAS, the Proportionate Fair Share Program allows developers under certain conditions to proceed with development notwithstanding a failure of transportation concurrency, by contributing their proportionate fair share of a transportation facility; and WHEREAS, the County has determined that the Developer's proposed project is eligible for the Proportionate Fair Share Program; and WHEREAS, in order to conform to the requirements of this Program, the County and the Developer agree to the conditions, rights and obligations established in this Agreement; and WHEREAS, the Proportionate Fair Share Program provides credits against road impact fees for proportionate fair share contributions; and WHEREAS, the County's adopted Road Impact Fee Ordinance provides credits for the provision of non -site related improvements on those roadways that are a part of the County's Road Impact Fee Eligibility network. NOW, THEREFORE, in consideration of the promises, mutual covenants, and conditions contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows: Section 1. RECITALS The above recitals are true and correct and form a part of this Agreement. Section 2. PROJECT IDENTIFICATION The proposed Project is located on the property described in Exhibit "A" attached and is known as International Airport Business Park, as originally approved by Resolution 05-149 and extended by Resolution No. 07-125 and by Resolution 09-003. PSL:47553:1 Section 3. PROPORTIONATE FAIR SHARE The required road improvements that triggered application of the Proportionate Fair Share Program are intersection improvements at Kings Highway and St. Lucie Boulevard, which improvements are scheduled for construction in 2012 according to the Five Year Road Program and the Capital Improvement Element of the Comprehensive Plan and which are part of the County's Road Impact Fee Eligibility network. The total cost of the improvements identified herein is Three Million Dollars ($3,000,000.00) and the Developer's proportionate fair share cost, based on the methodology set forth in Section 5.07.D.3, St. Lucie County Land Development Code ("LDC"), is Eleven Thousand Seventy Dollars ($11,070.00). In consideration for providing the Proportionate Fair Share as described above, the Developer shall receive a certificate of capacity, subject to the following conditions: A. If the Developer fails to apply for a development permit (including but not limited to a vegetation removal permit or building permit) within twelve months of the date of this Agreement, or fails to obtain an extension in accordance with any applicable provisions of the LDC, then this Agreement, and the certificate of capacity approval, shall be considered null and void, and the applicant shall be required to reapply. B. Any requested change to a development order may be subject to the additional Proportionate Fair Share contributions to the extent the change generates additional traffic that would require mitigation. C. If the Proportionate Fair Share contribution is cash payment, such payment is due in full no later than sixty (60) days after the approval of this Agreement. Said payment shall be non-refundable, unless the International Airport Business Park site plan is formally abandoned or expires and the funds paid for the proportionate fair share contribution, including any impact fee credits, have not been used for their intended purpose and no development has occurred on the proposed Project site. Section 4. ROAD IMPACT FEE CREDIT Upon payment of the Proportionate Fair Share contribution, Developer is entitled to and is hereby awarded, a credit against road impact fees in the total amount of Eleven Thousand Seventy Dollars ($11,070.00) which credit is limited solely to the Property described in Exhibit "A". The Credit is not transferable to any other property and may only be applied against road impact fees for development on the Property described in Exhibit "A". Section 5. GOVERNING LAW This Agreement and the rights and obligations created hereunder shall be interpreted, construed and enforced in accordance with the laws of the United States PSL•47553:1 and the State of Florida. If any litigation should be brought in connection with this Agreement, venue shall lie in St. Lucie County, Florida. Section 6. ATTORNEYS' FEES AND COSTS The parties hereto agree that in the event it becomes necessary for either party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms and provisions of this Agreement, each party in such Litigation shall bear its own costs and expenses incurred and expended in connection therewith including, but not limited to, reasonable attorneys' fees and court costs through all trial and appellate levels. Section 7. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. Section 8. AGREEMENT This Agreement contains the entire agreement between the parties. No rights, duties or obligations of the parties shall be created unless specifically set forth in this Agreement. Section 9. AMENDMENT No modification or amendment of this Agreement shall be of any legal force or effect unless it is in writing and executed by both parties. All amendments must comply with the requirements of Section 5.07.F.8, LDC. Section 10. BINDING AGREEMENT This Agreement shall inure to the benefit of and shall bind the parties, their heirs, successors and assigns. Section 11. ASSIGNMENT This Agreement may be assigned by the Developer to its successors in interest. Developer may assign all or part of the impact fee credit set forth in Section 4 above to its successors in interest to be used only for development on the property described in Exhibit "A". Within thirty (30) days of any assignment under this Agreement, Developer shall provide notice of such assignment to the County as set forth in Section 13 below, and all the terms and conditions set forth herein shall inure to the benefit of and shall bind all future assignees to the extent of such assignment. PSL:47553:1 Section 12. WAIVER Failure to enforce any provision of this Agreement by either party shall not be considered a waiver of the right to later enforce that or any provision of this Agreement. Section 13. NOTICES Any notice, request, demand, instruction or other communication to be given to either party under this Agreement shall be in writing and shall be hand delivered, sent by Federal Express or a comparable overnight mail service, or by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to County and to Developer at their respective addresses below: As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Ft 34982 With a copy to County's Legal Representative: As to Developer: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 International Airport County, LLC Attn: Gabriel Volante c/o Twin Oil Company 15300 NW 7th Avenue Miami, FL 33169-6287 With a copy to County's Legal Representative: Business Park of St. Lucie Noreen S. Dreyer, Esq. Ruden, McClosky, Smith, Schuster Et Russell,P.A. 145 NW Central Park Plaza Port St. Lucie, FL 34986 Section 14. EFFECTIVE DATE; EXPIRATION OF CERTIFICATE OF CAPACITY The effective date of this Agreement shall be January 6, 2009. The Certificate of Capacity issued pursuant to this Agreement shall expire on the same date that Resolution No. 09-003 expires. Section 15. COUNTERPARTS This Agreement may be executed by the parties in any number of counterparts, each of which shall be deemed to be an original, and all of which shall be deemed to be on and the same Agreement. PSL47553:1 IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: INTERNATIONAL AIRPORT BUSINESS PARK OF ST. LUCIE COUNTY, LLC, a Florida Limited Liability Company BY• TITLE: PSL:47553:1 EXHIBIT "A" LEGAL DESCRIPTION LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH '/Z OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 - LESS THE NORTH 30 FEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1 THROUGH 18 FOR ROAD RIGHT-OF-WAY AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE AVENUE. TOGETHER WITH: LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE SOUTH '/z OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE NORTH OF LOT 1 - LESS THE EAST 3 FEET OF LOT 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE AVENUE. (TAX ID#'S : 1428-702-0634-000/5 AND 1428-702-0232-000/7) PSL•47553:1 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA January 6, 2008 NOTICE OF PROPOSED SITE PLAN EXTENSION AND PROPORTIONATE FAIR SHARE AGREEMENT The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by resolution: RESOLUTION NO. 08-296 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL OF A PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AG'R ENnEEWT1 OR T RA1 SPS ORT'ATrOk FACUTWS TO* S-ERVE THE PROJECT KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK. RESOLUTION NO.08-186 A RE -SOLUTION OF THE SOARG OF COUNTY C€TM911 ISSH)N€RS OF- ST. LUCIE COUNTY, FLORIDA GRANTING A SECOND 12-MONTH EXTENSION OF THE DATE OF EXPIRATION FOR THE MAJOR SITE PLAN KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK, CONSISTING OF 27,570 SQUARE FEET OF FLEXIBLE RUfiINES,s,PIND .4STR-1►AaL. SPACE ANO A 2,4W WJARE )FOOT CONVENIENCE STORE AND SERVICE STATION FOR A TOTAL OF 29,970 SQUARE FEET OF SPACE LOCATED ON LAND AT THE SOUTHWEST CORNER OF THE INTERSECTION OF ST. LUCIE BOULEVARD AND CAYUGA AVENUE IN THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT. APPLICANT: International Airport Business Park, LLC FILE NUMBER: BCC 620081496 LEGAL DESCRIPTION: LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACC ORurNG 00 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH Y2 OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 - LESS THE NORTH 30 FEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1 THROUGH 18 FOR ROAD RIGHT-OF-WAY AND Form No. 07-17 THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE AVENUE. TOGETHER WITH: LOT 1, BLOC'," T A, OF SKIv"'LUCiE PLAZA "t lq T ONE AC,, ORU M TO TH'E t'i_Ai` THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE SOUTH '/2 OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE NORTH OF LOT 1 - LESS THE EAST 3 FEET OF LOT 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR iAA AT i.A�1YfAA Q ri'�Al A� 1"11''1V'V LOCATION: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue PURPOSE: In accordance with the St. Lucie County Land Development Code, you are h grst'y add- s ed ! Nv ,tgtgrn n i A- kr ynxlt P-%I . LC_' h s s- peAi ! i. '-il�.S�S 'a,-i�,, C .r, .�l.:1�4'.!_tiQf:.S�.. �.,.. r„ ��J'�J�- .�. .suL`,l.P County for the approval of an extension to a Major Site Plan and a Proportionate Fair Share Agreement regarding the project known as International Airport Business Park, 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station for a total of 29,970 square feet of space for the aforementioned pro.oerty in the, IL (Industrial., Liahtl Zoning District, The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday. January 6, 2008 beginning at 6:00 PM or as soon thereafter as possible. Hsi "interested persons w ri' be given an opportunity to be `heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices !lwn:.y.#�vvin.a 4 5lv�,-vw.r.*., v.u..nd rn-i:.cm.arc, 1.vrs(da, du_ng lc,ya=:.�S.liwa.+i.s:.:.3a .,. .,n.m.,.,.. vu ?rrca hours. Please call 772/462-2822 or TDD 772/462-1428 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and N "nt. anti anal at r��c iuithan lhca}r _arq of rc nn h�l ty_ The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing. he or she will need a record of the proceedin4s_ For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals Form No. 07-17 testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disaai'i°ity requiring accommodation to attend tr is meeting sbouia° contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462-1428. WAS OF 'COUNTY C ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIR PUBLISH DATE: December 28, 2008 Form No. 07-17 BOARD OF COUNTY COMMISSIONERS December 23, 2008 Ralph D Denuzzio 6100 Boulevard of Champions North Lauderdale, FL 33068 International Airport Business Park (File No.: BCC 620081496) GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that International Airport Business Park. LLC has petitioned St. Lucie County for an extension to a Major Site Plan and a Proportionate Fair Share Agreement regarding the project known as International Airport Business Park, 27,570 square feet of flexible business/industrial space, and a 2,400 square foot convenience store and service station for a total of 29,970 square feet of space in the IL (Industrial, Light) Zoning District, for the following described property: Location: Southwest comer of the intersection of St. Lucie Boulevard and Cayuga Avenue Legal Description: LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH % OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 — LESS THE NORTH 30 FEET OF LOT I AND LtNN 1t1hhAN1 S rhhl Ur LUlN 1 iHKUUlih 1251,UKKUAllKllirii-ur-WAY ANL1 1HhhAN1 S rhi'A Ur SHh VRlA1hLJKlltHl-Ur- WAY FOR HAWTHORNE AVENUE. TOGETHER WITH: LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, Ur 111h I'UbL1U XkUUXUN Ur NL LUU1h (_;UUNl Y, rLUK1L)A ANL) ltih NUUlri V2 Ur VAUAlh1J HAW l-tlUKNh KUA1J xiuiil-ur- WAY ADJACENT ON THE NORTH OF LOT I - LESS THE EAST 3 FEET OF LOT 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF- WAY FOR HAWTHORNE AVENUE. The public hearing on the petition %all be held at 6.00 P.M., or as soon thereafter as possible, Tuesday, January 6. 2009. County Commissioner's Chambers, S4 Luck County Adminisdadon Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Board of County Commission, rather than by contact outside of the scheduled public hearing. We encourage you to speak at these public hearings, or provide written comments for the record. The nrnr Pdinos of the Rnard of (..nnnty Commissinnerc are elertrnnienlly rernrderl Tf a rwrcnn APniriPs to anrwal any r1rriSinn marlP by the RnarA of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be swom in Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiting accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 or at iohnsonkaasthuxeco.orr if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COAMSSIONERS Paula A. Lewis, Chair Form Na 07-19 CHRIS DZODOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator- Douglas M. Anderson Website: www.co.st-lucie.il.us 2300 Virginia Avenue - Fort Pierce, FL, 34982-5652 GROWTH MANAGEMENT PHONE: (772) 462-2822 FAX: (772) 462-1581 BCC 620081496 A petition of International Airport Business Park of St. Lucie County, LLC for the second 12-month extension for the Major Site Plan known as International Airport Business Park 0 Ir M (M J Q F D 0 Z Q m U JLegend �� _ N f y'rcwsk Nasteg�rrent �t A Subiect property �� , ew .,fie, s ���a prep~.. .,,,,.mbe r I I Agenda Request Item Number Meeting Date: 01 06/2009 Consent [ ] Regular [X] Public Hearing [ ] Leg. [ ] Quasi -JD [ j To: Board of County Commissioners res By Submitted By: Growth Management Department Mark Satterl - Growth Management Director SUBJECT: Petition of International Airport Business Park of St. Lucie County, LLC for a second 12- month extension to a previously approved Major Site Plan for the project known as International Airport Business Park located at the southwest corner of Cayuga Avenue and St. Lucie Boulevard in the IL (Industrial, Light) Zoning District — Draft Resolution No. 09-003. PREVIOUS ACTION: On January 6, 2009, in a tandem application, the BOCC will consider a Proportionate Fair Share and Road Impact Fee Credit Agreement (Resolution 09-004) for the intersection improvements to Kings Highway and St. Lucie Boulevard. The fair share contribution for the applicant is calculated at $11,070. May 22, 2007, the BOCC adopted Resolution 07-125, granting a 12-month extension to the Major Site Plan. This Resolution extended the date of expiration of the site plan to August 16, 2008. August 16, 2005, the BOCC adopted Resolution 05-149, granting Major Site Plan Approval to the project, consisting of 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station. RECOMMENDATION: Staff recommends approval of the extension through the adoption of Draft Resolution No. 09-003. COMMISSION ACTION: APPROVED 7 DENIED CONCURRENCE: Approved 5-0 OTHER Motion to approve staff recommendation to include letter suggested by the Douglas M. Anderson County Attorney. County Administrator Coordination/ Signatures County Attorney E.R.D.: Cty. Surveyor:'` Ctv. Engineer: Durtiie.i �`�Other: Yt Other: hft� r `_ Form No. 07-07 0 Commission Review: January 6, 2009 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark SattpA66, AIC 'Orawth Management PREPARED BY: Jeffr o nson, Senior Planner DATE: December 16, 2008 SUBJECT: Petition of International Airport Business Park of St. Lucie County, LLC for a second twelve (12)-month extension to a previously approved Major Site Plan for the project known as International Airport Business Park. GENERAL INFORMATION: Applicant: International Airport Business Park of St. Lucie County, LLC Gabriel Volante 15300 NW 7tn Avenue Miami, FL 33169 Requested Action/Purpose: Consideration of an additional twelve (12) month extension to a previously approved Major Site Plan known as International Airport Business Park of St. Lucie County consisting of 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station. Location: Southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue Zoning District: IL (Industrial, Light) Future Land Use: I, Industrial International Airport Business Park of St. Lucie County, LLC, has requested a second 12-month extension to a previously approved Major Site Plan known as International Airport Business Park consisting of 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station for a total of 29,970 square feet of space for property located at the southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial, Light) Zoning District. On August 16, 2005, this Board adopted Resolution 05-149, granting Major Site Plan Approval to the project. January 6, 2009 Subject: International Airport Business Park MJSP Second 12 Month Extension Page 2 On May 22, 2007, this Board adopted Resolution 07-125, granting a 12-month extension to the Major Site Plan. This Resolution extended the date of expiration of the site plan to August 16, 2008. The developer of the site has petitioned Growth Management for an additional 12-month extension for the Major Site Plan for additional time to complete a Scrub Jay survey for the property. The developer is ready to move forward on construction, and has petitioned the Environmental Resources Department for a vegetation removal permit earlier this year, but they have not yet provided ERD with an approved Florida Fish and Wildlife Conservation Commission gopher tortoise off -site relocation permit as required per Development Resolution 05-149 Condition of Approval #5. ERD also informed the applicant that a scrub jay survey would be required, based on habitat suitability and scrub jay occurrence information. The scrub jay survey subsequently completed in August of this year, revealed the presence of scrub jays on -site. The applicant's proposed site plan will therefore required approval of a US Fish and Wildlife Service Incidental Take Permit, prior to approval of the Vegetation Removal Permit or Exemption. COMPLIANCE WITH PREVIOUS CONDITIONS OF APPROVAL There are no outstanding code compliance issues with the subject property. Furthermore, County legal staff has verified that the applicant is not currently in foreclosure and has not filed for bankruptcy. The status of the previous conditions of approval are as follows: Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in a manner and form acceptable to the St. Lucie County Attorney, the north thirty (30) feet of the parcel, for the future widening of St. Lucie Boulevard. To the extent permitted under the County's Code and Complied Laws, any such dedication may be considered eligible for Road Impact Fee Credits. (SATISFIED) 2. Prior to the issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east three (3) feet of the parcel, for the future widening of Cayuga Avenue. To the extent permitted under the County's Code and Complied Laws, any such dedication may be considered eligible for Road Impact Fee Credits. (SATISFIED) 3. Prior to the issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a left -turn lane for the proposed project on St. Lucie Boulevard. (ONGOING) 4. Prior to the issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a six (6) foot wide sidewalk along the project's frontage on St. Lucie Boulevard. (ONGOING) 5. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, an approved Florida Fish and Wildlife Conservation Commission (FFWCC) permit authorizing the off - site relocation of the gopher tortoises shall be presented to the St. Lucie County Environmental Resources Division (ERD) staff. Once the permit has been provided, ERD staff shall then authorize any limited clearing required to excavate the burrows and January 6, 2009 Subject: International Airport Business Park MJSP Second 12 Month Extension Page 3 capture the gopher tortoises and commensal species. Once the gopher tortoises and re- located off -site, ERD staff shall conduct an inspection to verify that all gopher tortoises have been relocated and full Vegetation Removal Permit (based on approved site plan) will be issued. (ONGOING) ADDITIONAL CONDITIONS OF APPROVAL Environmental Resources Department (Final Report The applicant proposes to construct a business/industrial development with a convenience store and service station on a scrubby flatwoods site located on the south side of St. Lucie Boulevard. The Major Site Plan was originally approved in August 2005 per Resolution No. 05-149, and was subsequently extended for 12 months in 2007 per Resolution No. 07-125. The current resolution is set to expire on August 16, 2008, unless a building permit is issued or an extension is granted in accordance with SLC LDC Section 11.02.06.B.3. Subsequent to the prior 2005 site plan approval, ERD staff learned that scrub jays had been observed on -site in 2007. Staff contacted the applicant's Environmental Consultant, Crossroads Environmental, and informed them of the sighting and the need to perform surveys prior to site clearing. In 2008, during review of a Vegetation Removal application for the site, ERD also learned that the site is located within a scrub jay habitat and associated habitat buffer as defined by the US Fish and Wildlife Service (FWS). SLC Comprehensive Plan Policy 8.1.12.5 requires surveys in cases where site clearing activities are proposed within the known range of endangered or threatened species or where such species are expected to occur based upon habitat suitability and species' ranges. On August 29, 2008, ERD received a scrub jay survey report from the applicant, which documented two adult scrub jays observed on -site. The applicant has initiated coordination with the FWS, who indicated in an August 15, 2008 email that the proposed site plans would impact approximately one acre of occupied scrub jay territory. Impacts would require an FWS-approved Incidental Take Permit and associated Habitat Conservation Plan, including some form of mitigation. Mitigation options discussed by FWS in their August 15 email included land acquisition, contribution of funds to the Scrub Jay Conservation Fund, or purchase of conservation bank credits. Condition #5 of the original development resolution required that the applicant obtain an off -site gopher tortoise relocation permit from the Florida Fish and Wildlife Conservation Commission prior to the issuance of a SLC Vegetation Removal Permit. Off -site relocation was specifically required, as the applicant's plans did not include any preserve areas. On April 29, 2008, the applicant submitted a Vegetation Removal Permit application to ERD, accompanied by an on - site tortoise relocation permit. ERD responded on May 14, 2008, explaining that an off -site permit would be required, and the applicant has since requested that FWC rescind their on -site permit so they may initiate the off -site permit application process. The original conditions of approval from Resolutions No. 05-149 and 07-125 shall remain in full force and effect. ERD requests the addition of two new conditions of approval as shown below. Additional Conditions of Approval: 1) The applicant will comply with any state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided ERD with copies of any required federal and state permits, including January 6, 2009 Subject: International Airport Business Park MJSP Second 12 Month Extension Page 4 but not limited to a US Fish and Wildlife Service (FWS) Incidental Take Permit and associated FWS-approved Habitat Conservation Plan. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall execute an improvement agreement, acceptable to SLC, for the landscape plan and required tree mitigation. Traffic ConcurrencylCertificate of Capacity (Final Report): Capital Improvements has reviewed the Traffic Impact Analysis for the International Airport Business Park and concurs with the fair share calculation methodology as it relates to the mitigation of project traffic upon the Kings Highway at St. Lucie Boulevard intersection. The applicant is required to provide a fair share contribution in the amount of $11,070.00. A new condition of approval has been added as follows: 1) No building permit shall be issued until the developer has entered into a Proportionate Fair Share Agreement, pursuant to Section 5.07.F.2 of the Land Development Code, acceptable to the Board of County Commissioners, for the construction of the transportation facilities identified herein. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. Attached is a copy of Draft Resolution No. 09-003, which, if approved, would grant an additional twelve (12) month extension to the approved Major Site Plan for the project known as International Airport Business Park. Staff recommends approval of the attached Draft Resolution No, 09-003. Please let this office know if you have any questions on this matter. SUBMITTED: s I Mark'Sallerleve, AICP Growth Management Director Attachments: Draft Resolution No. 09-003 Resolution No. 05-149 Resolution No. 07-125 Environmental Resources Department Companion Report Approved Final Site Plan cc: International Airport Business Park of St. Lucie County, LLC File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. 09-003 FILE NO.: BCC 620081496 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA GRANTING A SECOND 12-MONTH EXTENSION OF THE DATE OF EXPIRATION FOR THE MAJOR SITE PLAN KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK, CONSISTING OF 27,570 SQUARE FEET OF FLEXIBLE BUSINESS/INDUSTRIAL SPACE AND A 2,400 SQUARE FOOT CONVENIENCE STORE AND SERVICE STATION FOR A TOTAL OF 29,970 SQUARE FEET OF SPACE LOCATED ON LAND AT THE SOUTHWEST CORNER OF THE INTERSECTION OF ST. LUCIE BOULEVARD AND CAYUGA AVENUE IN THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 16, 2005, the Board of County Commissioners adopted Resolution 05-149, granting Major Site Plan approval for the project known as International Airport Business Park for 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station for a total of 29,970 square feet of space for property located at the southwest corner of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial, Light) Zoning District. 2. On May 22, 2007, the Board of County Commissioners adopted Resolution No. 07-125, granting a 12-month extension to the International Airport Business Park Major Site Plan, from its date of scheduled expiration, August 16, 2007, with the new date of expiration being August 16, 2008. 3. The developer of International Airport Business Park has requested that the Major Site Plan approved through Resolution 05-149, and extended through Resolution 07-125 be extended for an additional period of 12 additional months from its date of scheduled expiration, August 16, 2008, with the new date of expiration being August 16, 2009. 4. On January 6, 2009, the Board of County Commissioners held a meeting on this item. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development Code, the Major Site Plan, approved through Resolution 05-149, and extended through Resolution 07-125, is hereby extended for an additional period of 12 months from its scheduled date of expiration, August 16, 2008, with the new expiration date being August 16, 2009, for the property described in Part B, is hereby approved with the following limiting conditions: All previous Conditions of Approval applicable to the subject property, as contained in Resolutions 05-149 and 07-125, are in full force and effect. 2. Prior to issuance of a Notice of Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided ERD with copies of any required federal and state permits, including but not limited to a US Fish and Wildlife Service (FWS) Incidental Take File No.: BCC 620081496 January 6, 2009 Resolution No. 09-003 Page 1 1 Permit and associated FWS-approved Habitat Conservation Plan. If federal or state 2 agency compliance requires modification to the development plans, the applicant will 3 promptly modify the plans and submit to SLC for review and approval as required by the 4 LDC. The applicant will not use the County's development approval to prevent 5 compliance with any federal or state agency requirements. The applicant shall comply 6 with any state and federal agency regulations and requirements. 7 8 3. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall 9 execute an improvement agreement, acceptable to SLC, for the landscape plan and 10 required tree mitigation. 11 12 4. No Building Permit shall be issued until the developer has entered into a 13 Proportionate Fair Share and Road Impact Fee Credit Agreement, pursuant to 14 Section 5.07.F.2 of the St. Lucie County Land Development Code, acceptable to 15 the Board of County Commissioners, for the construction of the transportation 16 facilities identified therein. Failure to demonstrate compliance with Chapter 5 of 17 the St. Lucie County Land Development Code shall constitute grounds for denial 18 of the Final Site Plan. 19 20 B. The property on which this Major Site Plan is being approved is described as follows: 21 22 LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO 23 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC 24 RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH % OF VACATED 25 HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 — LESS 26 THE NORTH 30 FEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1 THROUGH 18 27 FOR ROAD RIGHT-OF-WAY AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY 28 FOR HAWTHORNE AVENUE. 29 30 TOGETHER WITH: 31 32 LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT 33 THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. 34 LUCIE COUNTY, FLORIDA AND THE SOUTH 1/2 OF VACATED HAWTHORNE ROAD 35 RIGHT-OF-WAY ADJACENT ON THE NORTH OF LOT 1 - LESS THE EAST 3 FEET OF 36 LOT 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE 37 AVENUE. 38 39 (TAX ID#'S : 1428-702-0634-000/5 AND 1428-702-0232-000/7) 40 41 (Location: Southwest corner of the intersection of St. Lucie Boulevard and 42 Cayuga Avenue) 43 44 C. This Major Site Plan Approval extension shall expire on August 16, 2009, unless building permits 45 are issued or an extension has been granted in accordance with Section 11.02.06, St. Lucie 46 County Land Development Code. 47 48 D. The Certificate of Capacity granted by the Growth Management Director shall remain valid until 49 August 16, 2009. 50 File No.: BCC 620081496 Resolution No. 09-003 January 6, 2009 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 E. The St. Lucie County Growth Management Director is hereby authorized and directed to make notation of reference to the date of adoption of this resolution. F. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chair Paula Lewis XXX Vice -Chairman Charles Grande XXX Commissioner Chris Dzadovsky XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 6th Day of January, 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST Deputy Clerk File No.: BCC 620081496 January 6, 2009 BY Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 09-003 Page 3 FILE # 2698567 OR BOOK 23,.E 'AGE 2533, Recorded 08/31/20or 94 18:20 AM RESOLUTION 05-149 2 FILE NO.: MJSP-04-024 3 4 5 A RESOLUTION GRANTING MAJOR SITE PLAN 6 APPROVAL FOR THE PROJECT TO BE KNOWN AS 7 INTERNATIONAL AIRPORT BUSINESS PARK 8 9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the to testimony and evidence, including, but not limited to the staff report, has made the following 11 determinations: 12 13 14 1. Ralph D. Denuzzio & Associates. Inc., has applied for major site plan approval for 15 the project to be known as International Airport Business Park consisting of 27,570 16 square feet of flexible business/industrial space and a 2,400 square foot 17 convenience store and service station for a total of 29,970 square feet of space for is property located at the southwest corner of the intersection of St. Lucie Boulevard 19 and Cayuga Avenue in the IL (Industrial, Light) Zoning District for the property 20 described in Part B. 21 22 2. The Development Review Committee has reviewed the site plan for the proposed 23 project and found it to meet minimum technical requirements of the St. Lucie County 24 Land Development Code and to be consistent with the future land use maps from 25 the St. Lucie County Comprehensive Plan. 26 27 3. The proposed project is consistent with the general purpose, goals, objectives, and 28 standards of review of the St. Lucie County Land Development Code, the St. Lucie 29 County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 30 31 4. The proposed project will not have an undue adverse effect on adjacent property, the 32 character of the neighborhood, traffic conditions, parking, utility facilities, or other 33 matters affecting the public health, safety, and general welfare. 34 35 5. All reasonable steps have been taken to minimize any adverse effect of the 36 proposed project on the immediate vicinity through building design, site design, 37 landscaping and screening. 38 39 6. The proposed project will be constructed, arranged and operated so as not to 4 0 interfere with the development and use of neighboring property, in accordance with 41 applicable district regulations. 42 43 7. The proposed project will be served by adequate public facilities and services. 44 45 FileNo.:MJSP-04-024 Resolution 05-149 August 16, 2005 Page 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2.6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County, Land Development Code, the site plan for the project known as International Airport Business Park, is hereby approved as shown on the site plan drawings for the project prepared by Ralph D. Denuzzio & Associates, Inc., dated, March 21, 2005, and date stamped received by the St. Lucie County Growth Management Director on March 22, 2.005, for the property described below, subject to the following conditions: 1. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the north 30 feet of the parcel, for the future widening of St. Lucie Boulevard. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 2. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east 3 feet of the parcel, for the future widening of Cayuga Avenue. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 3. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a left turn lane for the proposed project on St. Lucie Boulevard. 4. Prior to issuance of the first Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a 6-foot wide sidewalk along the project's frontage on St. Lucie Boulevard. 5. Prior to the issuance of a St. Lucie. County Vegetation Removal Permit, an approved Florida Fish and Wildlife Conservation Commission (FFWCC) permit authorizing the off -site relocation of the gopher tortoises shall be presented to St. Lucie County Environmental Resource Division (ERD) staff. Once the permit has been provided, ERD staff shall then authorize any limited clearing required to excavate the burrows and capture the gopher tortoises and commensal species. Once the gopher tortoises are relocated off -site, ERD. staff shall conduct an inspection to verify that all gopher tortoises have been relocated and a full Vegetation Removal Permit (based on approved site plan) will be issued. FHeNo.:MJSP-04-024 August 16, 2005 Resolution 05-149 Page 2 - -I i r.fvr. G:)-137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 28 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 36 39 40 41 42 43 44 45 46 47 B. The property on which this Major Site Plan is being granted is described as follows: LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA TOGETHER WITH: LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH: THAT PORTION OF THE ABANDONED HAWTHORNE ROAD RIGHT-OF-WAY LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF CAYUGA AVENUE, SOUTH OF LOT 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND NORTH OF LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. (TAX ID#'S : 1428-702-0634.000/5; 1428-702-0640-00010; 1428-702-0646-000/2; AND,1428. 702-0232-000/7) C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on August 16, 2007, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, Denuzzio Investment Group, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the 'St. Lucie County Growth Management Director. F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. FileNo.:MJSP-04-024 August16,2005 Resolution 05-149 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 G. A copy of this Order shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. H. A copy of this Order shall be attached to the site plan drawings described in Section A, which plan shall be on file with the St. Lucie County Growth Management Director. 1. This Order shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice -Chairman Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 16" Day of August 2005. VJ��.rt^�V•i .0 ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUN�Y, FLORIDA� BY APPROVED AS TO FORM AND CORRECTNESS: hf H:\W ORD\RESOLUTION\FINISHED.05\InternaGonalAirportBuslnessPark.SP\Intern ationalAirportBusinessParkRES.doc Fi1eNo.:MJSP-04-024 August 16., 2005 Resolution 05-149 Page 4 UR BUUi�. 2J47 PAGE 2537 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 FileNo.:MJSP-04-024 August 16, 2005 Exhibit A Certificate of Capacity Resolution 05-149 Page 5 St Lucie County Certificate of Capacity Date 8/16/2005 Certificate No. 2167 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan.for: 1. Type of development Major Site Plan Number of units 0 Number of square feet 29,970 2. Property legal description & Tax ID no. 1428-701-0634-000/5, et. a1. SW cnr of St. Lucie Blvd and Cayuga Ave International Airport Business Park 3. Approval: Building Resolution No. 05-149 Letter 4. Subject to the following conditions for concurrency: See Resolution 05-149 Owner's name Ralph D. Denuzzio Address 6100 Boulevard of Champions North Lauderdale FL 33068 6. Certificate Expiration Date 8/16/2007 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. �l �sig'rmd— ate:8/16/2005 Growth Management Director St Lucie County, Florida Tuesday, August 16, 2005 Paget of 2 A EDW;N M. FRY, Jr., CLERK OF THE C--'CU- COURT - SAINT LUCIE COUNTY F LE # 3063345 OR'BOOK 2027 PA, Recorded 06/04/2007 at 09:15 AM 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2? 28 29 30 3i 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. 07-125 FILE NO.: BCC-420071102 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA GRANTING A 12-MONTH EXTENSION OF THE DATE OF EXPIRATION FOR THE MAJOR SITE PLAN KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK, CONSISTING OF 27,570 SQUARE FEET OF FLEXIBLE BUSINESS/INDUSTRIAL SPACE AND A 2,400 SQUARE FOOT CONVENIENCE STORE AND SERVICE STATION FOR A TOTAL OF 29,970 SQUARE FEET OF SPACE LOCATED ON LAND AT THE SOUTHWEST CORNER OF THE INTERSECTION OF ST. LUCIE BOULEVARD AND CAYUGA AVENUE IN THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICT. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 1.6, 2005, this Board, through Resolution 05-149, granted Major Site Plan approval for the project known as International Airport Business Park of 27,570 square feet of flexible business/industrial space and a 2,400 square foot convenience store and service station for a total of 29,970 square feet of space for property located at the southwest comer of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial, Light) Zoning District, 2. The developer of Intemational Airport Business Park has requested that the Major Site Plan approved through Resolution 05-149, be extended for a period of 12 additional months from its date of scheduled expiration, August 16, 2007, with the new date of expiration being August 16, 2008. 3. On May 22, 2007, the St, Lucie County Board of County Commissioners held a meeting on this item. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development Code, the Major Site Plan, approved through Resolution 05-149, is hereby extended for a period of 12 additional months from its scheduled date of expiration, August 16, 2007, with the new expiration date being August 16, 2008, for the property described as follows: File No.: BCC-420071102 May 22, 2007 Resolution No. 07-125 Page 1 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 LOTS 1 THROUGH 18, BLOCK 37, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH '/o OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 — LESS THE NORTH 30 FEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1 THROUGH 18 FOR ROAD RIGHT-OF-WAY AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE AVENUE. TOGETHER WITH: LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE C.OUNTY, FLORIDA AND THE SOUTH %OF VACATED HAWTHORNE ROAD RIGHT- OF-WAY ADJACENT ON THE NORTH OF LOT 1 - LESS THE EAST 3 FEET OF LOT 1 AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTHORNE AVENUE. (TAX ID#'S : 1428.702.0634.000/5 AND 1428.702-0232-000/7) (Location: Southwest corner of the Intersection of St. Lucie Boulevard and Cayuga Avenue) B. This Major Site Plan Approval extension shall expire on August 16, 2008, unless building permits are issued or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code, C. The Certificate of Capacity granted by the Growth Management Director shall remain valid until August 16, 2008. D. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the. Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. E. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft AYE Vice -Chairman Joseph E. Smith AYE Commissioner Paula A. Lewis AYE Commissioner Doug Coward AYE File No.: BCC-420071102 May 22, 2007 Resolution No. 07-125 Page 2 OR 1,00K 2827 PAGE 1613 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Commissioner Charles Grande AYE j PASSED AND DULY ADOPTED this 22nd Day of May 2007. BOARD OF COUNTY COMN0,5IQ.NER5 .' ST. LUCIE COUNTYFJFLORID,A 1ari; APPROVE RM AND C RRECTNES unty Atto ey hf G:\Hank FloresProject_s\International Airport Business Park MJSP\International Business Park MJSP EXT-RES.doc File No.: BCC-420071102 Resolution No. 07-125 May 22, 2007 Page 3 _ Environmental Resources COUNTY Department OR Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: November 17, 2008 RE: International Airport Business Park Site Plan Extension DEPARTMENT COORDINATION The Growth Management Dept. requested Environmental Resources Department (ERD) input on the applicant's request for a site plan extension. ERD INPUT ERD provided input on this site plan extension to Growth Management on June 30 and November 17, 2008. ERD RECOMMENDATION The recommendations have been submitted in the staff report to Growth Management. 1� 0 E v ronmental Resou c Department C: ERD Director Missv Stiadle From: Missy Stiadle Sent: Monday, January 05, 2009 9:36 AM To: Barbara Felton; Carol Bishop; Charlene Furtado; Charline Burgess; Chris Craft; Chris Dzadovsky; Daniel McIntyre; Doug Coward; Douglas Anderson; Erick Gill; Eva O'Donnell; Faye Outlaw; Feliciano, Millie A; Michelle Hylton; Janet Pentz; Jerome Adams; Joe Cimino; Lee Ann Lowery; Liz Martin; Missy Stiadle; Nelson A Azcuenaga; Paula Lewis; Shane DeWitt; Terri Ann Palumbo Subject: t t' 'UK40W AGENDA tTIEMIX FOR 01-( 2009`MEETING FW : Reg. Item 9 on January 6, 2009 Agenda - 1903 Edwards Road, Fort Pierce Please pull agenda item IX per the above request by the County Attorney's office. Thank you. From: Carol Bishop Sent: Monday, January 05, 2009 8:52 AM To: Missy Stiadle Cc: Dennis Bunt; Katherine Smith; Mark Fowler; Daniel McIntyre Subject: Reg. Item 9 on January 6, 2009 Agenda - 1903 Edwards Road, Fort Pierce Hi Missy, Per Katherine, please pull this item from the agenda. The owner has cleaned up the property. &d Legal Assistant St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 772-462-1419 772-462-1440 (fax) [Tease Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection. examination and I or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and 1 or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all co€neuters. AGENDA REQUEST I'llll� I I I,IIPIIII�II,II COUNTY iF L D R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. �x DATE: January 6, 2009 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: 1903 Edwards, Fort Pierce, FL - Unsightly and Unsanitary Conditions BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED OTHER: [ ] DENIED Pulled prior to meeting. Douglas M. Anderson County Administrator I,--- Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance: (check for copy only, if applicable) Effective 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 08-1907 DATE: January 6, 2009 SUBJECT: Code Enforcement Cases No. 39157 - 1903 Edwards Road, Fort Pierce, FL - Unsightly and Unsanitary Conditions BACKGROUND: St. Lucie County has received daily code compliance complaints from the neighbors of this property at 1903 Edwards Road in Fort Pierce and have exhausted all avenues to gain compliance. The property has been cited by Code Enforcement in January of 2006, May of 2007, October of 2007 and April of 2008. The case was taken before the Code Board on March 1, 2006 after due notice to the violator, Joseph Zielinski. The property was found to be in violation of Section 1-9-19, Outside Storage and Section 1-9-32(d) Overgrowth of the St. Lucie County Code and Compiled Laws, and Section 13.09.00, Article 303.2 Protective Treatment and Article 302.7 Property Maintenance, of the St. Lucie County Land Development Code. A fine was imposed and a lien was filed. The case was taken to the Code Board again on June 7, 2006. The owner was making some progress on the property and the case was continued to July 5, 2006. On July 5, 2006, the Code Board heard testimony from Mr. Zielinski that he was trying to get permits and was applying for SHIP and other agencies for financing. The Board agreed to an extension until October 30, 2006 to allow Mr. Zielinski to work out the circumstances to apply for his permit with a fine being imposed after the October 30, 2006 date. To this date, Mr. Zielinski has not obtained his permit. Chapter 67-1998, Laws of Florida, Section 5 (attached) finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, shall be kept clear and clean of weeds, underbrush, rubbish, junk, debris, vegetation (including trees), brush and unsightly and unsanitary matters where the public health, welfare and safety are concerned. MI If the Board of County Commissioners finds it wise and expedient and serves a public health or safety purpose for such property to be cleaned of junk, trash and debris, weeds or other growth or materials, including, but not limited to unsafe structures, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property, or St. Lucie County will have it cleared and place a lien on the property. Respectfully submitted, KMS/cb Katherine Mackenzie -Smith Encl. Assistant County Attorney H:1AgendaMemo-KM5-EdwardsRd.wpd Tuesday, January 6, 2009 To: Joseph Zielinski 1903 Edwards Road Fort Pierce, FL 34951 NOTICE Joseph Zielinski 709 SE Calmosa Road Port St. Lucie, FL 34983 Property: 1903 Edwards Road, Fort Pierce, FL As the owner of record of the property above described, you are hereby notif ied that the St. Lucie County Board of County Commissioners of St. Lucie County, Florida, on Tuesday, January 6, 2009 determined that a nuisance exists upon such property, because your lot is in an unsightly and unsanitary condition, caused by overgrown vegetation, trash, filth, weeds and junk. You are hereby notified that you must abate this nuisance within thirty (30) days. If you fail to abate the nuisance, the Board of County Commissioners will have it done and the cost thereof will be levied as an assessment against your property. If you desire to be heard by the St. Lucie County Board of County Commissioners on this matter, please contact the St. Lucie County Attorney's Office at 2300 Virginia Avenue, Fort Pierce, Florida 34982; 772-462-1441 and you will be scheduled to appear at the January 8, 2009 Board of County Commissioners meeting at 9:00 a.m. or as soon thereafter as possible, in the Commission Chambers, Third Floor of the County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida. THIS NOTICE DATED AND EXECUTED and dated this 6th day of January, 2009. Board of County Commissioners of St. Lucie County, Florida 5:\ATTY\Code Enforcement\Notice2.wpd es AGENDA REQUEST DATE: January 6, 2009 REGULAR[XI PUBLIC HEARING CONSENT [] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: Administration G� Faye W. Outlaw, Asst. County Administrator SUBJECT: Draft Annexation Agreement between the City of Fort Pierce and St. Lucie County. BACKGROUND: Please see Memorandum FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends discussion on Draft Annexation Agreement between St. Lucie County, Treasure Coast Education, Research & Development Authority and City of Fort Pierce. COMMISSION ACTION: [] APPROVED[] DENIED BOTHER: Staff directed to provide Board with clip of City Commission Meeting, set uD Workshop before 01/20/09 and to craft a letter asking that the Annexation issue be deferred from the 2V for the Chairman's signature to the Mayor of Fort Pierce. CONCURRENCE: Faye W. Outlaw Assistant County Administrator Review and Apurovals County Attorney: Management & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 0 COUNTY ADMINISTRATION MEMORANDUM 09-01 TO: Board of County Commissioners FROM: Faye W. Outlaw, Assistant County Admfffliti iato� DATE: January 5, 2009 SUBJECT: Addition for Discussion - Draft Annexation Agreement Attached please find the Draft Annexation Agreement prepared by Robert "Rim" MacLaren, legal counsel for the Treasure Coast Education and Research and Development Authority (TCERDA). BACKGROUND: This agreement was presented by the City Manager to the Fort Pierce City Commission for discussion at the January 5, 2009 Commission meeting. RECOMMENDATION: Discussion on Draft Annexation Agreement between St. Lucie County, Treasure Coast Education, Research & Development Authority and City of Fort Pierce. AGREEMENT D" BETWEEN THE CITY OF FORT PIERCE i4;1VD ST. LUCIE COUNT' Thrs.Annexation Agreement ("Agreement") is made and entered into on this day of , 200_, by and between the City of Fort Pierce, a municipal corporation organized and existing under the laws of the State of Florida (the "City") and St. Lucie County, a political subdivision of the State of Florida (the "Counter"). WHEREAS, the City possesses Municipal Horne Rule Powers pursuant to Article UIII, Section 2(b), Florida Constitution and Section 166.021., Florida Statutes; and WHEREAS, the County possesses powers as Non -Charter County pursuant to Article Vill, Section 1(f), Florida Constitution and Section 125:61 Florida Statutes; and WHEREAS, the Florida lnteriocal Cooperation Act of 1969, Section 163.01, Florida Statutes, permits local governments to cooperate within one another on matters of mutual interest and advantage and provides for interlo_cal agreementsbetween local governments on matters that influence and affect focal communities, and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part ll, Florida Statutes, requires that cities and counties include intergovernmental coordination in their respective planning efforts; and Page 1 of 15 WHEREAS, the State Comprehensive Plan requires local governments to protect the substantial investment in existing public facilities and to plan for and finance new facilities in a timely, orderly, and efficient manner, and WHEREAS, St. Lucie County has created the Treasure Coast Research and Development Authority (`TCERDA"), under the authority of F.S., Park V, Chapter 159 for the purposes of development, operation, management, and financing of a research and development park, known as the Treasure Coast Research Park {"TCERDA Park") as indicated on and WHEREAS, the City and County have agreed that the location of the TCERDA land and potential annexation lands as indicated on KU represents a logical expansion of the City of Fort Pierce, and WHEREAS, on , 200_ , the City annexed a portion of the TCERDA Park; and WHEREAS, the TCERDA adopted a Conceptual Development Master Plan for the TCERDA Park and the City and County wish to work together to implement the goals and objectives of the TCERDA Paris; and WHEREAS, the City and County wish to hold, as soon as practicable, a master plan charrette for the TCERDA Park and the surrounding area. The charrette will provide both the City and the County with a unified vision for the annexation area; and WHEREAS, the City and County wish to provide for a permanent resident of the City of Fort Pierce to serve on the TCERDA Board of Directors; and Page 2 of 15 WHEREAS, the City and County wish to provide for an Ad Valorem Tax Abatement program for lands located within the TCERDA Park for both City and County Ad Valorem taxes; and WHEREAS, the City and the County wish to identify appropriate land uses and infrastructure needs, ensure protection of natural resources and agree on certain procedures for the timely processing of development proposals including permitting and site plan approvals on property located on land within the TCERDA Park; and WHEREAS, the City and the County wish to utilize the County Building Department for review for land within the TCERDA Park for building permit applications; and WHEREAS, the City and County wish to provide for consistent application of the County`s land development regulations (LDR's) for land within the TCERDA Park; and WHEREAS, the City and County wish to ensure that the processing and timing of site plans and conceptual master plans for land within the TCERDA Park should be clearly identified and jointly coordinated in order to accomplish the goals of the TCERDA Park; and WHEREAS, the agreement of the City to coordinate planning efforts with the County is a material inducement to the County to enter into this Agreement; and WHEREAS, it is in the mutual interest of the City of Fort Pierce and St. Lucie County to establish intergovernmental relations that encourage, promote, and improve the coordination, overall effectiveness, and efficiency of governmental activities and services within the TCERDA Park; and Page 3 of 15 WHEREAS, the elected officials of the City and County have met and negotiated in good faith to resolve the issues relating to annexation and planning and wish to memorialize their understanding in this Agreement; and WHEREAS, the City of Fort Pierce and St. Lucia, County find this Agreement to be necessary, proper and convenient to the exercise of their powers, duties and purposes authorized by law; and NOW, THEREFORE, in consideration of the recitals, agre-ements and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows: SECTION 1. Recitals and -Authority. The foregoing recitals are true and correct and by this reference are hereby incorporated as a material part of this Agreement, This Agreement is entered into pursuant to the provision of Florida law, including but not limited to chapters 163, 166, and 171,'Florida Statutes, and the Florida Constitution. SECTION 2. Location of Annexed Area. The land depicted in Exhibit "A," attached hereto and incorporated herein by this reference, represents the area to be governed under this agreement. SECTION 3. Location of Potential Armexation Amas. The County agrees not to object to annexation of any lands westward of the TCERDA Park land west of the Turnpike, as designated on Exhibit "B" hereto during the term of this Agreement. Potential Annexation Areas consists of land likely to be -developed for urban purposes and are therefore appropriate for annexation by the City. Page 4 of 15 SECTION 4. Ad Valorem Tax Abatement.Prouram.. Both, the City and County agree to provide land located within the TCER-DA Park subject to approvals as needed, tax abatements as authorized in Section 1,96.11995, Florida Statutes. In all events, the City agrees to provide tax abatements to the TCERDA Park equal to and identical with those provided by'the.County. SECTION S. :Land Use :and ;Land s,. A. Land Use Plan. The City agrees to amend the comprehensive plan as required in 163.3177, Florida Statute to identify any recently annexed in areas of the County. The City agrees to utilize the, land use category most closely related to the existing County land use category. Upon a, -finding by both City and County that there exists no corresponding c ategory., the City agrees to amend the comprehensive plan to provide for such a category, B. Land Development Regulations. The City agrees that any lands governed by this agreement will adhere to the land development regulations existing at the time of annexation, The City agrees to review the existing County LDR's, and amend, as necessary, the City's LDR's to incorporate the zoning categories of the County, as a . pplicable. Upon assignment of a City comprehensive plan designation, the City agrees to rezone the property to a valid City zoning category -consistent with the terms of this agreement. SECTION 6. Intergovernmental Review and Coordination. The City and County agree that the impacts of certain developments previously under the jurisdiction of the County can and will affect the nature of development within the adjacent unincorporated sections of the County. The following ;provisions are included to address a desire by both parties to ensure a level of :consistency and compatibility in development application review and permit approvals. A. Charrette. The City and County agree to jointly sponsor and participate in a charrette for the area, The City and County also agree to Page.5 of 15 hold the charrette within the next calendar year. The City and County shall each be responsible for and share equally in the cost, 'fees, and expenses. B. Building Permits. The City and County agree ,that the County Building Department will provide .Building -services to the City' and Serveas the agency responsible for reviewing and issuing peTmlt:s in accordance ,mfith the Florida Building Code. C. Coordination of Land Develmment Agol.1cations and Development Standards- As stated in Section 5 above, the City and -Countyagree that the LDR-7s of the County, as adopted by the City, shall apply. 'The City Mill give the County Planning Director, or designee, written -notice of the following matters: (a) Comprehensive Plan Amendments (b) Rezonings (c) Special Exceptions (d) Conceptual Development Plans (e) Site Plan's No later than 10 days after receiving the application, and in no event less than 30 days prior to a public hearing -;on any item' listed above, the City will transmit the application, including all supporting and back-up material, to the County, The County will review the -application within ,30 daysiofreceipt-and make a finding as to compliance with County regulations. 'These firldinig shall be transmitted to the City and shall be included in the 'County .staff report. For conceptual development plan and site plan approval the City agrees to a How the County staff to review, the plans in accordance withAhe effective LDR's and make a written recommendation to the City Commissioners. Pageh.af 15 L The City Commission agrees to consider the .recommendations -of the County. The Clbft -action shall be in,writin.g.and set forth with specificity the applicable code of ordinances used in 'their decision making process. If the Cft.y's,aCtiDn is consistent with the County recommendation, said application shall be approved. fflhe Ott-s action: is inconsistent with the recommendations Dfthe,Gounityl the "Qty::S'gr"8esA h at a committee appointed by the City comprised of two :(2) .;Menibers,dl` the City -Commission„ two (2) members of the County Commission, (I) member of the TCERDA .Board of Directors shall review the application and provide a written report to the City,detalling their findings. ii. The City Commission agrees 'to hOld a public meeting and respond to the comments raised by the comrn- ittee, in .writing and incorporate such findings into their final action. M'. If the City Commission's declsion:rerna,ins inconsistent with the recommendations of the committee, the City and County agree to enter into non -binding mediation. If the mediation does notproduce an agreement as to terms of approval for the application., the City -in sy approve, approve with conditions or deny the,application. Nothing in this Section shall limit ,the -rights dUthe County.to ensure that the .proper rules and regulations., as adopted 'by -the City, ere,propeiiy enforced. SECT-11ON 7. Board cuff Wirectorsbf TCERDA' 'The ,County commission i agrees ,to.appoint at least one (1) resident oftheCifty, dif Fort 'Rercetosee .on the TGERDA Board of'Directors. SECTION'S. Alternaltivve 13.1mute Resolution. A. The Parties agree to resolve any -dispute related to the interpretation or performance of this Agreement in the manner described in this Section. Either Party may initiate the .:dispute r resolution , t n �process by providing written notice to the other Party within '90 days of the Party having received written notice of the action'in :accordance With 'Parpgraph Page 7 of 15 10. Failure to raise the dispute within 90 days .of recejpt of written notice of the action shall constitute as w-aiver of said dispute. init,iefion ,,df the dispute resolution process shall operate :as a stay of the action which is the subject of the dispute. B., Notwithstanding the foregoing, in the. event that either Party determines in its sole discretion and good faith that ft`is;necessary tole a lawsuit or other formal challenge in order to meet ,a jutisMetiondl time deadline, to obtain .a temporary injunction, ar:otherwiseto,,preserve,a.legaI or equitable .right, such lawsuit or challenge tr. ay be filed., but uptan the tiling and any other act necessary to preserve the legal or equitaable right or to obtain the temporary injunction, the Parties shall thereafter promptly file a joint motion with the reviewing County., Circuit Court .Judge, or administrative law judge :as applicable, 'requesting'thtt he -cue be abated in carder to afford the Parties an opportunity to .pursue the dispute resolution procedures set forth herein. If the abatement `is granted, the Parties shall revert to and pursue the dispute resolution procedures set forth herein. C. After transmittal and receipt of -a written noticae specif -in.g -the areas of disagreement, the Parties agree to meet at -reasonable times and places:, as mutually agreed upon, to:discussAhe issues. D. If discussion between the Parties fails toresolue the dispute within sixty (60) days of the written notice :describer. in .-subparagraph A, a`bowe, the Parties shall appoint:a mutually:acceptable neutrai tthird Party-toactas a mediator. if the Parties are unable to agree upon a mediator, the City shall request appointment of a mediator byAhe Chief Judge of .the Circuit Court :in and for St. Lucie County, Florida. The mediation .car templated by this Section is intended to be an infarmal and non- adversarial processVith the objective of helping the 'Parities reach a mutually acceptable and voluntary agreement. The decision -making shall rest safely with the Parties. The mediator shall assist the Parties in -identifying ''issues, fostering joint problems -solving and exploring settlement alternatives. Page & of.15 E. If the parties are unable to reach a mediated settlement -within ninety-(9.0) days of the mediators appointment, either :Party :ma:y,-termm;Ote the, settlement discussions by written notice to the oth er ftrty_ F. Either Party must initiate litigation or nova to end the -abatement specified in Paragraph B, above, within thirty (30) days Of the 'notice of terminating the settlement discussions or such -action, is barred. Resolution by failure to initiate litigation shall not be considered to be acceptance of the interpretation, position or performance of the ether Party in any future dispute. G. The Parties agree that this dispute resolution -procedure satisfies the -requirements of Chapter 164, Florida Statutes. SECTMV9. Utility Rates. In all events, the County and the City shall sup -port and shall take such action as shall be appropnate to reasonably evidence such support in order that occupants of the TCERDA Park -receiving utility service from the Fort Pierce Utilities. Authority (7P.UA") shall receive.such utility servize,at the mostfavorabWrate charged bythe. FPUXto si miHarlysituated customers of FPLIA within the municipal boundaries of `the City. SECTION10. Other Rights and A areem, ents. A. Other Rights. Nothing in this Agreement precludes:either the Cifty, or their County from exercising its rights pursuant to Chapters 380,:Flonda Statutes, to challenge any regional impact devel ap m ent,order. B . Other Contemporaneous Agreements. The Paittiss do.not intend for this Agreement to amend, modify, supersede or terminate any other agreement -between the City,and County in effect,as of 1 200—. SECTION11. Ngtice1q:Parl-jes. Ali notices, consents ,;approvals, :w,.aivers, and elections that any Party requests or gives .under this Agreement mmllbe in writing and shall be given only -by hand d6livery-for -which a recelpt isobtained, or certified mail, prepaid with confirmation of delivery requested. Notices will be ,Page 9 of 13 delivered or mailed to the addresses set forth below :or as >either Party may otherwise designate in writing. If to the County: If to the City: ,St. Lubie:Zbuft Attn.: Gam urity -Ad m in isiftetor 2200 Virginia Avenue Fort Pierce, Florida '4D B-2 City of Fort Pierce ]M Attn: City u anager 100 N. US 1 R.O. Box 1480 Fort Pierce, FL 34954 Notices, consents, approvals, waivers, and elections will be deemed given when received -by the Party for whomintended. SECTION 12. Discharge. This Agreement :is,soibiy,forthe ;benefit :iof:the City and the County, and no right or cause of action shall accrue upon or by reason hereof, to or for the bereft of any third party. ;Nothing in7-this .,Agreement, either expressed or implied, is intended, or shall be construed to on, upon or give any person, corporation or governmental entity other than :the Parties any right, remedy or claim under or by reason of thisAgrearnerit oreny.:provisions or conditions hereof, and all of the provisions, representation, covenants., and conditions herein contained shall inure to the soleben-6fit:44of ante ,shall 'be .binding upon -the Parties and their respective representative, successors and assigns. SECTION 13, Validity �df Aurm ment. The City :and 'County each represent and warrant to the other its respective authority to enter into this Agreement, acknowledging the validity and enforceabil-ityof :this Agreement, and Page 10 -of 15 waive any future eight or defense based upon a,claim of illegality, invalidity, or unenforceability of any nature. The City hereby warrants and covenants toand with the County that this Agreement has been validly approved by the City of Fort Pierce Commission at a public hearing of the Fort Pierce Commission held pursuant to the pro -visions of Section 163.31,71(3), Florida StEitiftes, that ktias been fully executed .and delivered :by the City,, that it constitutes ial-qgativalid, and binding contract enforceable by the, Parties in accord'anc-e-with,its.-terms., and -that the enforceability hereof is not subject to any impairment by the applicability of any public policy or police powers. The County hereby warrants and lcovenants to and with the City that this Agreement has been valfidly, approved :by the St, Lucie Board of County Commissioners a -public hearing of the St. 1ucie County Commission held pursuant to the provisions of 'Section Florida Statutes, that it has been fully executed and .delivered by the City, that it constitutes a legal valid, and binding contract enforceable by the Parties in accordance with its terms, and that the enforceability hereof is not subject to any impairment by the applicability of any public, pbliqy.or police pDwers. SECTION u. Enferpernent. This Agreement shall be enforceable by the Parties hereto by whatever remedies are available in law or equity, including :.but not limited to injunctive relief and specific performance. SECTION 15. Covenant to Enforce. If this Agreement or any portion hereof is challenged by any judicial, administrative, or appellate piroceeding (each Party hereby covenanting with the other Party -nDt:t.o initiate : or acquiesce to such challenge or not to appeal any decision invalidating any portion of this Agreement except as otherwise provided in this Agreement), the Parties collectively and individually agree, at their individual sole cost and expense, to defend in good faith its validity through a final judicial determination,: unless both Parties mutually agree in writing not to defend such challenge: or not to appeal any decision invalidating any portion, of this Agreement. Page I 1pf13 wcm,hl 16. Term, Review, an, d Tem1notlen. A. Original Term. This Agreement shall take -,.effectgpon pits tiling with the, Clerk of the Court of St. Lucle County and, -unless am-, ended or extended in:arcccrdan-cewith its terms, .shall.ex.pir,,e;on _,2,03,9. The C ritly eighteen ( 1,0) months nth,6� prior to The ou, shall notify the C4 at least expiration of the upcoming 'expiration and provide :fer a transition of .Ali necessary papa mtork in coordination with' the City. B.. Extension. This Agreement shall be autom atically -.Sktended,,Past the Longinal term for two (2) additional ten (ID) year terms bath the City and County, agree to discontinue the .Agraern, ent andx;d-dliver anotice of non -renewal to each other at least one hundred and -eigbty (460) days prior to the expiration of the original or extended.term of,this Agreament, C, If the law does not allow this agreement to have the -term set:ftrth above, then the term shall be twenty (20) years:0r'the:1ma.Amu in',terT.-ri of years allowed by 'law, whichever is greater, and.at 4east -eighteen ("IB) months before the expiration of the term, the parties agree."to commence negotiations for another Agreement to govern the 'matters :addressed in this Agreement. SECTION 17. Am. andment Amendments : may be ..preftred ::by either Party at anytime. Proposed amendments shall be in .,.writing and must be approved by majority of the boards of both Partiesor shatl be considered not adopted. SECTION IS.. Subseqnaht LoWsWive -Enact, m-ents. The ',Parties -agree and covenant, having given and received valuable consideration- forthe-promises and commitment made herein, it is their desire, intent and:firm agreementlobe bound by and observe the 'terms of this Agreement wherever such terms are more stringent than those subsequently enacted by the:Lqgislature. Page, 1.2 of, 13 SECTION 19. 1'itlisoeitaneous. A. Entire Agreement. Except as otherwise set forth herein,, this Agreement embodies and constitutes .the entire .under a ing df tfie parties With respect to the subject maiters addressed .ell pricar agreements, understanding, representation and, sftaterne ft, l :or written, are superseded by this Agreement B. Governing Law and Venue. The laws .of the State rif Florida shall govern this Agreement, :and venue for -any action to enforce tfie ,prow' isions of this Agreement shall be in the Circuit Court of theNinetedn� iuiiicial Circuit of Florida, in and for St. 'Lucie -Count , Flora SECTION .20. Severabil ity. Any term or prevision of this Agreement that is invalid or unenforceable in any situation in any ;jurisdiction s mil .not affect the validity or enforceability of the remaining terms and: provision 'hereof or the validity or enforceability of the -offending term or provision in any situation:er any other jurisdiction. Page 13 of 15 IN -,WITNESS WHEREGF, the CITY OF FORT PLERCE, FLORDA;has :caused this Agreement to be executed by its Chairman and <affixed Its official sett, attested by its Clerk pursuant to the Authorization of the -Feft, 'Pierce City Commission, and ST. LUCIE COUNTY, FLOR.IDA.-has,..caused'-,ibis be executed by its Chair and affixed its official seal,, attested by sits Clark, pursuant to the authorization of the Board .:& -0ounty -'Garn mvissrioners.4 on the, day and year indicated below. ATTEST: City Clerk Approved as to form and correctness: 0 Attorney for the City of Fort Pierce, Florida City i City:bf;'Foit--,*,"P�lerndace,,Fio By: Chair Page 14 of 15 St. Ludie"00tun w, 4 iflofida " ay: Chair ATTEST; County Approved as to form and correctness: I 1-2 County Attorney H:\LIBR-A,P,W4\23929\DocVumexation Agr=nmt 121108.,doc Page 15 qf 15 EROSION DISTRICT www.co.st-lucie.Mus I. MINUTES Approve meeting minutes from the December 9, 2008 and December 16, 2008 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12, 13 & 14 B. PUBLIC WORKS 1. One year contract extensions to provide upland sand sources associated with future post -storm emergency beach and dune restoration needs - Consider staff recommendation for the Erosion District Board to exercise their option for one year contract extensions and approve the attached contract amendments with CKA Associates, Inc. / Patco Contractors, Inc., and Dickerson Florida, Inc., to provide upland sand sources associated with future post -storm emergency beach and dune restoration needs and authorize the Chairman to sign. 2. Amendment No. 5 to Project Amendment No. 06SL1 with the Florida Department of Environmental Protection (C06-06-303) and Work Authorization with Taylor Engineering, Inc. - Consider staff recommendation for the Erosion District Board to approve (1) Amendment No. 5 to Project Agreement 06SL1 (C06-06-303) with the Florida Department of Environmental Protection, (2) Budget Resolution No. 09-001, (3) a Work Authorization with Taylor Engineering, Inc., in the amount of $350,090, as prepared by the County Attorney and (4) the execution of said documents 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 CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 9, 2008 Convened: 10:42 a.m. Adjourned: 10:42 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Chris Dzadovsky, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Millie Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Lewis, seconded by Com. Coward, to approve the meeting from November 25, 2008, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENTS None III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Lewis, to approve the Consent Agenda, and, upon roll call, motion carried unanimously. A. Warrants The Board approved Warrant List No. 9 and 10. 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: December 16, 2008 Convened: 8:35 p.m. Adjourned: 8:36 p.m. Commissioners Present: Vice Chairman, Charles Grande, Chris Dzadovsky, Doug Coward, Paula A. Lewis, Chris Craft(Chairman absent) Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Millie Delgado -Feliciano, Deputy Clerk II. GENERAL PUBLIC COMMENT None III. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved warrant list No. 11. B. MANAGEMENT AND BUDGET Board approval of the short-listed firms to provide Coastal Engineering Services: 1. Coastal Technology Corp 2. Taylor Engineering 3. Applied Technology & Management 4. Coastal Planning & Engineering The Board approved the short-listed firms for Coastal Engineering Services and permission to: 1. Conduct oral presentations with the short-listed firms 2. Conduct contract negotiations with the successful short-listed firms 3. If negotiations are successful, award contracts to the successful short-listed firm(s) and authorize the Chairman to sign the contracts as prepared by the County Attorney. C. PUBLIC WORKS Amendment No. 5 to Project Agreement No. 04SL1 with the Florida Department of Environmental Protection (C04-01-013) extending the grant expiration date to August 31, 2009 — The Board approved Amendment No. 5 to Project Agreement 04SL1 (C04-01-013) with the Florida Department of Environmental Protection and the execution of said agreement by the Chairman There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 12/19/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #12- 13-DEC-2008 TO 19-DEC-2008 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 33.96 GRAND TOTAL: 33.96 PAGE PAYROLL 0.00 0.00 12/24/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #13- 20-DEC-2008 TO 24-DEC-2008 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 6,625.03 GRAND TOTAL: 6,625.03 PAGE PAYROLL 4, 966.40 4, 966.40 01/05/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #14- 25-DEC-2008 TO 05-JAN-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 5,000.00 GRAND TOTAL: 5,000.00 PAGE PAYROLL 0.00 0.00 0 AGENDA REQUEST TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION ITEM NO. III-B1 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING[ ] CONSENT [X] PRESENTED BY: Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: One year contract extensions to provide upland sand sources associated with future post -storm emergency beach and dune restoration needs. BACKGROUND: See attached memorandum. FUNDS: N/A PREVIOUS ACTION: June 13, 2006: Board approval to seek invitation to bid for viable upland sand source contractors to serve future post -storm emergency beach and dune restoration needs. November 29, 2006: The County received bids from four responsive bidders. January 23, 2007: Board approved bid award and enter into contracts with CKA Associates, Inc. / Patco Contractors, Inc. and Dickerson Florida, Inc. RECOMMENDATION: Staff requests that the Erosion District Board exercise their option for one year contract extensions and approve the attached contract amendments with CKA Associates, Inc. / Patco Contractors, Inc. and Dickerson Florida, Inc. to provide upland sand sources associated with future post -storm emergency beach and dune restoration needs and signature of said contracts by the Chairman. COMMISSION ACTION: [APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x] County Attorney, CONCURRENCE: �1 1 Douglas M. Anderson County Administrator Coordi nation/Sicinatures [ ] Mgt. & Budget [ ] Erosion District Mgr Dan Mclntyr [x] Originating Dept. Public Works [ ] Purchasing Dept. [x] Finance Department (Grants) (copy) Don est PUBLIC WORKS - EROSION MEMORANDUM 08-237 TO: St. Lucie County Erosion District Board VIA: Donald B. West, Public Works Director ' FROM: Richard A. Bouchard, Erosion District Manager Wry DATE: December 18, 2008 SUBJECT: One year contract extensions to provide upland sand sources associated with future post - storm emergency beach and dune restoration needs In an effort for the County to be in a better position to expeditiously deal with future post -storm emergency beach and dune restoration needs, the Board previously approved to seek bids for the pre -selection of viable upland sand sources and contractors. Coastal Technology Corporation provided assistance to the Erosion District during the bidding and selection process. Based upon Coastal Tech's and staffs recommendation, on January 23, 2007 the Board approved the award of separate contracts to CKA Associates, Inc. / Patco Contractors, Inc. and Dickerson Florida, Inc. These contracts included two year terms with the option of a one year extension. This agenda item includes contract amendments with CKA and Associates, Inc. / Patco Contractors, Inc. and Dickerson Florida, Inc. that provide for one-year extensions. rb FIRST AMENDMENT TO JANUARY 23, 2007 CONTRACT THIS FIRST AMENDMENT made and entered into this day of , 2009, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "District", and CKA & ASSOCIATES, INC./PATCO CONTRACTORS, INC., their successors, executors, administrators, and assigns hereinafter called the "Contractor": WITNESSETH: WHEREAS, the District and the Contractor entered into a Contract dated January 23, 2007 to provide emergency dune restoration; and WHEREAS, the term of the agreement is two years with the right of the District to extend the term an additional year; and, WHEREAS, the District and the Contractor desire to extend the term of the Contract for an additional year. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Paragraph 5A "TERM OF AGREEMENT; WORK AUTHORIZATIONS" is amended to read as follows: A. The Contractor agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. Unless terminated earlier as provided for herein, the term of this Agreement shall begin on January 23, 2007 and end on January 23, 2010. Work Authorizations described below which are approved prior to the expiration of this Agreement shall automatically extend the term of this Agreement until all work under the Work Authorization is completed. -1- 2. Except as amended herein, the remaining terms and conditions of the January 23, 2007 Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its or their names, or name. ATTEST: DEPUTY CLERK ATTEST: ATTEST: S�UTPY\AGPEEWMCONTRAC nIa-CKA-Patco.wpd -2- ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CKA & ASSOCIATES, INC. BY: NAME: TITLE: PATCO CONTRACTORS, INC. BY: NAME: TITLE: C.K.A. & ASSOCIATES, INC. Phone (407) 846-2239 Total Site Contractors October 20, 2008 Mr. Richard Bouchard St. Lucie County BOCC 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 RE: Emergency Dune Restoration Contract #C07-01-041 Dear Mr. Bouchard: CKA & Associates Inc. is agreeable to and is interested in the extension of the St. Lucie County Emergency Dune Restoration Contract #C07-01-041. Regards, K. Arrington, President cc: file 813 West Bryan Street - Kissimmee, Florida 34741 FIRST AMENDMENT TO JANUARY 23, 2007 CONTRACT THIS FIRST AMENDMENT made and entered into this day of _, 2009, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "District", and DICKERSON FLORIDA, INC., their successors, executors, administrators, and assigns hereinafter called the "Contractor": WITNESSETH: WHEREAS, the District and the Contractor entered into a Contract dated January 23, 2007 to provide emergency dune restoration; and WHEREAS, the term of the agreement is two years with the right of the District to extend the term an additional year; and, WHEREAS, the District and the Contractor desire to extend the term of the Contract for an additional year. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Paragraph 5A "TERM OF AGREEMENT; WORK AUTHORIZATIONS" is amended to read as follows: A. The Contractor agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. Unless terminated earlier as provided for herein, the term of this Agreement shall begin on January 23, 2007 and end on January 23, 2010. Work Authorizations described below which are approved prior to the expiration of this Agreement shall automatically extend the term of this Agreement until all work under the Work Authorization is completed. 2. Except as amended herein, the remaining terms and conditions of the January 23, -1- 2007 Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its or their names, or name. ATTEST: DEPUTY CLERK ST. LUCIE COUNTY EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: DICKERSON FLORIDA, INC. BY: NAME: TITLE: S ATTY\AGREEMNT\CONTRACT la-DickersonFl.wpd -2- e MIC KERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP, INC. September 30, 2008 Mr. Richard A. Bouchard, P.E. St. Lucie County Public Works Department 2300 Virginia Avenue Ft. Pierce, FL 34982 Subject: Emergency Dune Restoration Contract St. Lucie County Erosion District/Dickerson Florida, Inc. Dear Mr. Bouchard: After reviewing the contract documents, we are agreeable to extending the term of this contract for one (1) additional year. Enclosed, please find a copy of the updated insurance certificate. If you have any questions or need additional information, please do not hesitate to contact me at (772) 429-4456. Sincerely, 1 j $ie Dale Pt LTD:ap Enclosure P.O. Box 910 • Fort Pierce, Florida 34954-0910 (772) 429-4444 Fax (772) 429-4445 www.dfifl.com n AGENDA REQUEST TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION ITEM NO. I11-132 DATE: January 6, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: Amendment No. 5 to Project Agreement No. 06SL1 with the Florida Department of Environmental Protection (C06-06-303) and Work Authorization with Taylor Engineering, Inc. BACKGROUND: See attached memorandum. FUNDS: This grant requires a 50% local match. New funding will be made available in the following Accounts $175,045 in Account No. 184209-3710-531000-3630; Erosion District — FDEP Ft. Pierce Grant. $1,189,955 in Account No. 184209-3710-546340-3630; Erosion District — FDEP Ft. Pierce Grant. Budget Resolution No. 09-001 is also attached for Board consideration. PREVIOUS ACTION: January 13, 2004: Board approved FDEP Project Agreement 04SL1 in the amount of $974,000. March 9, 2004: Board approved Amendment No. 1 in the amount of $650,000. January 11, 2005: Board approved Amendment No. 2 in the amount of $831,000. May 23, 2006: Board approved Amendment No. 3 in the amount of $115,000. April 24, 2007: Board approved Amendment No. 4 extending the expiration date to December 31, 2008. RECOMMENDATION: Staff recommends Erosion District Board approval of 1) Amendment No. 5 to Project Agreement 06SL1 (C06-06-303) with the Florida Department of Environmental Protection, 2) Budget Resolution No. 09-001, 3) a Work Authorization with Taylor Engineering, Inc., in the amount of $350,090, as prepared by the County Attorney and 4) the execution of said documents by the Chairperson. COMMISSION ACTION: [] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: 1 Douglas M. Anderson CC7� County Administrator Coordination/Signatures [x] County Attorney [x] Mgt. & �uhdgeot r Dan McIntyre Marie Go in [x]Originating Dept. Public Works I 'A ' [ ] Purchasing Dept. Don est [x] Erosion District =+- Barbara Meinhardt [x] Finance Department (Grants) (copy) PUBLIC WORKS - EROSION MEMORANDUM 08 - 265 TO: St. Lucie County Erosion District Board VIA: Donald B. West, Public Works Director (TI FROM: Richard A. Bouchard, Erosion District Manager DATE: December 18, 2008 SUBJECT: Amendment No. 5 to Project Agreement 06SL1 with FDEP Work Authorization with Taylor Engineering, Inc. On June 13, 2006 the Board approved Grant Agreement 06SL1 (C06-06-303) with FDEP consisting of $72,667 in state funds to provide design and permitting services related to the 2007 Fort Pierce Beach Nourishment project. On January 9, 2007 the Board approved the first amendment to this grant agreement for an additional $19,613 in state funding to provide for services associated with the Limited Re-evaluation Report. The second amendment to this grant agreement was approved by the Board on February 27, 2007 and provided for $906,000 in State funding for the 2007 Ft. Pierce beach nourishment project. Amendment No. 3 was approved by the Board on April 10, 2007 for Taylor Engineering, Inc. to provide monitoring services for the 2007 beach nourishment project. On February 12, 2008 the Board approved the fourth amendment to this grant agreement along with corresponding work authorizations with Taylor Engineering to provide for $147,968 in State funds for 2008 monitoring activities associated with the 2007 Ft. Pierce beach nourishment project along with $27,602 for engineering services to assist the Corps with the upcoming 2009 beach nourishment project. Amendment No. 5 to FDEP Grant Agreement 06SL1 is attached along with supporting Budget Resolution No. 09-001 and provides for $1,365,000 in State funds for the construction and monitoring of the 2009 beach nourishment project along with extending the contract expiration date to January 31, 2011. The attached scope of work from Taylor Engineering, Inc., in the amount of $350,090.00, identifies the tasks necessary to carry out the monitoring as required by the permit. RESOLUTION NO.09-001 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Department of Environmental Protection amending additional funding for the Fort Pierce Shore Protection Project grant agreement in the amount of $1,365,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 6th day of January 2009, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2008-2009, and the Erosion District's budget is hereby amended as follows: REVENUES 184209-3710-334391-3630 Dept of Env Protection APPROPRIATIONS 184209-3710-531000-3630 Professional Services 184209-3710-546340-3630 Maintenance Beach — Renourishment After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Charles Grande, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 61h DAY OF JANUARY, 2009. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN $1,365,000 $175,045 $1,189,955 APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AMENDMENT No: 5 DEP AGREEMENT No: 06SL1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR FT. PIERCE SHORE PROTECTION PROJECT THIS AGREEMENT as entered into on the 20'h day of June, 2006, and amended on the 9 h day of January, 2007, and on the 22nd day of February, 2007, and on the 20th day of June, 2007 and on the 25* day of February, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: Paragraphs I - 38 are hereby revised to read as follows: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the FT. PIERCE SHORE PROTECTION PROJECT, (hereafter referred to as the PROJECT), as defined in Attachment A-4 (Project Work Plan), attached hereto and made a part hereof, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on January 31, 2011. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after June 1, 2006, may be eligible for cost sharing by the DEPARTMENT. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. 6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of the nourishment of the beach and dune system for 1.3 miles of Atlantic shoreline and construction of stabilizing structures, between DNR reference monuments R34-R41. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re -initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Page 1 of 10 7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate the scope of work for each task must be obtained from the DEPARTMENT prior to the initiation of said task. The DEPARTMENT may require at least ten percent (10%) of the total cost share for a specified task be forfeited for failure to obtain prior written authorization from the DEPARTMENT for a specific task. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Task # Eligible Project Tasks Estimated Pro ect Costs Federal DEP Local Total 2.0 Design and Permitting 2.1 2007 Design and Permitting $0 $92,280 $92,280 $184,560 2.2 2009 Design and Permitting $0 $27,602 $27,602 $55,204 Subtotal $0 $119 892 $119 882 $239 764 3.0 Construction 3.1 2007 Beach Construction $3,188,000 $906,000 $906,000 $5,000,000 3.2 2009 Beach Construction $7,000,000 $1,190,000 $1,190,000 $9,380,000 Subtotal $10188 000 $2 096 000 $2 096 000 $14 80,000 4.0 Monitoring 4.1 2007 Physical and Environmental Monitoring $0 $175,385 $175,385 $350,770 4.2 2008 Physical and Environmental Monitoring $0 $147,968 $147,968 $295,936 4.3 2009 Physical and Environmental Monitoring $0 $175,000 $175,000 $350,000 Subtotal $0 $498 53 $498 53 $996 706 TOTAL PROJECT COSTS 1 $10188 000 $2 714 235 $Z 714 235 $15 616 470 9. The DEPARTMENT has determined that 100 percent of the, PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENTs financial obligation shall not exceed the sum of $2,714,235 for this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project items that exceed the estimated project costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. 11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. DEP Agreement No. 06SL1, Amendment No. 5, Page 2 of 10 12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B-1 (Funding Eligibility), attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse 'the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces where maintenance is discontinued.. All parking must be clearly signed or otherwise designated as public beach access parking. 13. In accordance with Section 216.181(16)(b), Florida Statutes, the DEPARTMENT, upon written request from the LOCAL SPONSOR, including justification for said request, and written approval from the State Chief Financial Officer, may provide an advance payment to the LOCAL SPONSOR, In addition to the written request for advance payment, the LOCAL SPONSOR shall also complete and submit the applicable portions of Attachment C-1 (Advance Payment Justification Form), attached hereto and made a part hereof. Consideration for advance payment is at the discretion of the DEPARTMENT, and shall be limited to eligible project construction costs identified in Table 1. The LOCAL SPONSOR's expenditures shall draw proportionally upon both the LOCAL SPONSOR's funds and the DEPARTMENT's advanced funds in accordance with the cost share ratios established pursuant to this Agreement. If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the advanced funds in an interest bearing account. The LOCAL SPONSOR shall be responsible to the DEPARTMENT for a quarterly accounting of such funds on the dates identified in paragraph fourteen (14). Interest income shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the financial institution or agent where such funds are invested. Interest income shall be returned to the DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement. Attachment D4 (Advance Payment — Interest Earned Memorandum), attached hereto and made a part hereof, is provided as a sample of the document generated internally each calendar quarter by the DEPARTMENT's Bureau of Finance and Accounting for agreements that authorized an advance payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the LOCAL SPONSOR's Project Manager, who shall be responsible for completion of the applicable interest statement details and submission to the DEPARTMENT each quarter. This responsibility shall continue as long as advanced funds remain with the LOCAL SPONSOR, or until construction is completed and a final accounting on the advanced funds is completed and the unused funds and interest due the DEPARTMENT are returned to the DEPARTMENT. Unused funds, and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, shall be returned to the DEPARTMENT within sixty (60) days of the completion of the construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. The parties hereto acknowledge that the State Chief Financial Officer may identify additional requirements that must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Chief Financial Officer, the LOCAL SPONSOR shall be notified, in writing, by the DEPARTMENT's Grant Program Administrator regarding the additional requirements. Prior to releasing any funds, the LOCAL SPONSOR shall be required to provide a written acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL SPONSOR's acceptance of the terms imposed by the State Chief Financial Officer for release of funds. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Page 3 of 10 14. In consideration for the satisfactory completion of the eligible work, identified in Attachment A-4 and approved by the DEPARTMENT, performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment E-1 (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment F-1 (Request For Payment, PARTS I — III), attached hereto and made a part hereof. These forms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part. III of Attachment F-1, Project Progress Report must be completed and submitted. 15. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request, the DEPARTMENT shall disburse the funds due to the LOCAL SPONSOR less ten (10) percent, which shall be retained on account. The cumulative amount retained for each eligible scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable DEP permits and the applicable scope of work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, the LOCAL SPONSOR must provide the information described in this paragraph within thirty (30) days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 16. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager on a quarterly basis, Attachment F-1, Part III, Project Progress Report, as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period identified in paragraph fourteen (14). Schedules may be required to be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. 17. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment G (Project Completion Certification). A final project certification inspection shall be made by the DEPARTMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR. DEP Agreement No. 06SL1, Amendment No. 5, Page 4 of 10 18. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 19. The applicable provisions of Chapter 161, Florida Statutes, entitled `Beach and Shore Preservation", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 20. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: 772/462-1710. The DEPARTMENT's Project Manager for all technical matters is Wagner Yajure, Phone: 850/921-7837 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 21. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 22. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 23. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR Richard Bouchard St. Lucie County Public Works Department 2300 Virginia Avenue Ft. Pierce, FL 34982 (772) 462-2362 DEPARTMENT Dena VanLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 922-7711 Dena.vanlandingham@dep.state.fl.us 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 25. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Page 5 of 10 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment H (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment H summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment H. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grant Program Administrator at 850/922- 7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further- apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment H, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2 NS) that can be found under the "Links/Forms" section appearing at the following website: hLps://ans.fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Page 6 of 10 31. To the extent required by law, the LOCAL SPONSOR will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 32. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 33. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 34. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list maintained 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487- 0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity at (850) 487-0915. 35. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. 36. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor and provide a tabulation list from which the intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed scope of work. DEP Agreement No. 06SL1, Amendment No. 5, Page 7 of 10 37. The LOCAL SPONSOR warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as specifically provided in this Agreement. 38. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 39. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. 42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures, taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 43. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Page 8 of 10 All references to Attachment(s) A-3, B, C, D-3, E, and F, respectively, are hereby deleted and replaced with references to Attachment(s) A-4, B-1, E-1, F-4, G, and H. Attachment(s) A-3, B, C, D-3, E, and F are hereby deleted in their entirety. Attachment(s) A4, B-1, E-1, F4, G, and H as attached hereto are hereby added to the Agreement.. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Page 9 of 10 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT Bv: Title: *District Chair Date: FEID No.59-6000835 Grantee's Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: I Secretary or designee Date: / Z q 10-9 Department of Environmental IVotection Grant Program Administrator APPROVED as to form and legality: Department of vironnilfilff1 ction Attorney *If someone other than the District Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A-4 Project Work Plan (2 pages) Attachment B-1 Funding Eligibility (1 page). Attachment C-1 Advanced Payment Justification Form (3 pages) Attachment D-4 Advanced Payment — Interest Earned Memorandum Sample (1 page) Attachment E-1 Contract Payment Requirements (1 page) Attachment F-1 Request For Payment, Parts I - III (4 pages) Attachment G Project Completion Certification (1 page) Attachment H Special Audit Requirements (5 pages) DEP Agreement No. 06SL1, Amendment No. 5, Page 10 of 10 ATTACHMENT A-4 PROJECT WORK PLAN FT. PIERCE SHORE PROTECTION PROJECT The PROJECT consists of the nourishment of the beach and dune system for 1.3 miles of Atlantic shoreline and construction of stabilizing structures, between DNR reference monuments R34-R41. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department of Environmental Protection permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. These plans may be found at http//www.dgp.state.fl.us/beaches/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. 'This item specifically excludes permit application fees or any other fees paid to the State of Florida. 2.1 2007 Design and Permitting Taylor Engineering has been retained by the St Lucie County Erosion District to conduct design and permitting activities associated with the Ft. Pierce Shore Protection Project 2007 beach nourishment project. Activities include: Data Collection and Review, Design of the Borrow Site, Project Engineering Design, Preparation of a Natural Resources Narrative, Preparation of Permit Drawings, FDEP Permit Request, Responses to FDEP RAls and Project Coordination. 2.2 2009 Design and Permitting Taylor Engineering has been retained by the St Lucie County Erosion District to conduct beach fill permitting assistance and limited construction observation associated with the Ft. Pierce Shore Protection Project 2009 beach nourishment project. Activities include: 2007 mixing zone analysis, 2009 pre -construction permit requirements, marine turtle historic use evaluation/agency coordination and project coordination. 3.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. 3.1 2007 Beach Construction Activity is being performed by the USACE in partnership with the Local Sponsor. Funds are being provided as Advance Payment to the Local Sponsor. DEP Agreement No. 06SL1, Amendment No. 5, Attachment A-4, Page 1 of 2 3.2 2009 Beach Construction Activity is being performed by the USACE in partnership with the Local Sponsor. Funds are being provided as Advance Payment to the Local Sponsor. 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. The program shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. 4.12007 Physical and Environmental Monitoring Taylor Engineering, Inc. has been retained by the St. Lucie Erosion District to conduct post construction physical and environmental monitoring activities associated with the Ft. Pierce Shore Protection Project. Tasks included as part of the post construction monitoring efforts include the following: Beach and borrow area data acquisition and quality control, beach survey data analysis, aerial photography, physical monitoring report, marine turtle and shore bird monitoring, hardbottom monitoring, biological monitoring annual report and Ft. Pierce dune planting project turtle observations. 4.2 2008 Physical and Environmental Monitoring Taylor Engineering, Inc. has been retained by the St. Lucie Erosion District to conduct post construction physical and environmental monitoring activities associated with the Ft. Pierce Shore Protection Project. Tasks included as part of the post construction monitoring efforts include the following: Beach and borrow area data acquisition and quality control, beach survey data analysis, aerial photography, physical monitoring report, marine turtle daily nest monitoring, marine turtle in -water surveys, hardbottom monitoring, lighting surveys and a biological monitoring annual report. 4.3 2009 Physical and Environmental Monitoring Taylor Engineering, Inc. has been retained by the St. Lucie Erosion District to conduct post construction physical and environmental monitoring activities associated with the Ft. Pierce Shore Protection Project. Tasks included as part of the post construction monitoring efforts include the following: Beach and borrow area data acquisition and quality control, beach and borrow area survey data analysis, aerial photography, physical monitoring report, pre -nesting season compaction and escarpment monitoring, construction phase sea turtle monitoring, nesting and non -breeding shorebird monitoring, post -construction sea turtle monitoring, marine turtle in -water surveys, lighting surveys, hardbottom monitoring and biological monitoring annual report. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Attachment A-4, Page 2 of 2 ATTACHMENT B-1 FUNDING ELIGIBILITY FT. PIERCE SHORE PROTECTION PROJECT Project Boundary: 170 feet north of R34 to R41 Approximate Shoreline Length: 7,045 feet Public Access Parking Spaces South Jetty Park 49 Unnamed 60' wide beach access between St. Lucie Court and Avalon Avenue (312 South Ocean Drive) 0 Unnamed 55' wide beach access between St. Lucie Court and Avalon Avenue (322 South Ocean Drive) 0 Porpoise Avenue 6 Gulf Stream Avenue 6 South.Beach Ocean Park 84 Kimberly Bergalis Park 71 Surfside Park 20 Areas determined to be publicly accessible Total Lenath (feet) 170 feet north of R34 to R41 7,045 Total eligible shoreline length: 7,045 FEET Total project shoreline length: 7,045 FEET Percent eligible for State funding: 100 PERCENT REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Attachment B-1, Page 1 of 1 ATTACHMENT C-1 ADVANCE PAYMENT JUSTIFICATON FORM Use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial Officer. For advance requests that are equal to or less than the purchasing threshold of $25,000.00 , category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under Section 215.422(14), Florida Statutes which allows the advance to be made without prior approval of the State Chief Financial Officer. Name/Address of the Vendor/Recipient: Contact Person/Phone No.: Agreement No./Purchase Order No. if known): Commodities/Services/Project Description: Organizational Structure i.e. local ov't, non- rofit corporation, etc. Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: ❑ 90 days startup ❑ Quarterly Full Contract Period ❑ Other(specify): Indicate Statutory Authority: 215.422, F.S I El 216.181, F.S. GAA Year and Line Item Info: SFY: Line Item: 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statues (and the Reference Guide for State Expenditures) which exceed the purchasing threshold of category two as defined in 287.017 Florida Statutes. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Financial Services, Division of Accounting and Auditing, Bureau of Auditing at 850/4104194 or SunCom 210-4194 regarding the current Treasury earnings rate. B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP Agreement No. 06SL1, Amendment No. 5, Attachment C-1, Page 1 of 3 C. Identify the procurement method used to select 3. The following information required for advances to Governmental Entities and Non -Profits pursuant to 216.181, Florida Statutes. Limited to GAA Authorized Statutorily Authorized, and Grant & Aid Appropriation Categories 05XXXX or 14XXXX A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP Agreement No. 06SL1, Amendment No. 5, Attachment C-1, Page 2 of 3 C. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Quarter Third Quarter Fourth Quarter Salaries (identifypersonnel/titles) Fringe Benefits Contractual Services list services and estimated costs Equipment (identify each item and cost) Supplies Travel Other (specify) Overhead/Indirect Total: Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Program Area Review/Approval Recommendation: ❑ Approve Request ❑ Deny Request By: Type Name of Signatory: Date Title: Bureau: Division: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review and legislature consultation, as appropriate. Bureau of Finance & Accounting Use Only DEP Agreement No. 06SL1, Amendment No. 5, Attachment C-1, Page 3 of 3 ATTACHMENT D4 ADVANCE PAYMENT — INTEREST EARNED MEMORANDUM "SAMPLE DOCUMENT" TO: Dena VanLandingham, Bureau of Beaches and Coastal Systems, MS#300 FROM: Linda Scott, Finance and Accounting Director, Bureau of Finance and Accounting, MS#78 DATE SUBJECT: Advance Payment — DEP Agreement No.: XXXX BECP Project No.: XXXX Interest Due to DEP: (Quarterly) Pursuant to Section 216.181(16)(b), Florida Statutes, and paragraph 11 of the AGREEMENT, advance payments must be deposited into an interest bearing account until all funds have been depleted. In order to comply with this statute, advance approval of the State Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later twenty (20) days following each calendar quarter (i.e. January 20, April 20. July 20, and October 20.) Advance funding disbursed (date ofdisbursement) 1. Advanced funds expended by contractor covering period of (agreement execution) to (end ofmost recent calendar go $ 2. Balance advance funding principal available $ Interest earned on advanced funds covering period of (agreement execution,) to (end ofmost recent calendar g r) $ 4. Amount of interest paid to DEP as of (end ofmost recent calendar_etr) Balance Due to DEP as of (end ofmost recent calendar gtrl (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest that is based upon a grant/contract advance payment(s) will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest. If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2. The lines 1 and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. 06SL1, Amendment No. 5, Attachment D-4, Page 1 of 1 ATTACHMENT E-1 Contract Payment Requirements Florida Department of Financial Services, Reference Gbide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices'for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR) reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts that include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log that shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: http://www.fldfs.com/aadir/reference%5F ug ide/. DEP Agreement No. 06SL1, Amendment No. 5, Attachment E-1, Page 1 of 1 ATTACHMENT F-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: FT. PIERCE SHORE PROTECTION PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 06SL I Billing Number: Billing Period: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Advance Pay $ Less Advance Pay $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage (10%) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 06SL1, Amendment No. 5, Attachment F-1, Page 1 of 4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: FT. PIERCE SHORE PROTECTION PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 06SLl Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 2007 DESIGN AND PERMITTING 2.2 2009 DESIGN AND PERMITTING 3.0 CONSTRUCTION 3.1 2007 BEACH CONSTRUCTION 3.2 2009 BEACH CONSTRUCTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 4, Attachment F-1, Page 3 of 4.0 MONITORING 4.1 2007 PHYSICAL AND ENVIRONMENTAL MONITORING 4.2 2008 PHYSICAL AND ENVIRONMENTAL MONITORING 4.3 2009 PHYSICAL AND ENVIRONMENTAL MONITORING REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SLI, Amendment No. 5, Attachment F-1, Page 4 of 4 ATTACHMENT G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: FT. PIERCE SHORE PROTECTION PROJECT Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 06SL1 *I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 06SL1, Amendment No. 5, Attachment G, Page 1 of 1 ATTACHMENT H SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", 'DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection 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 of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at htta://12.46.245.173/efda/Cfda.htnd. DEP Agreement No. 06SL1, Amendment No. 5, Attachment H, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 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 Department of Financial Services; 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 of Environmental Protection 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 of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, 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), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://aos.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at bgp://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at ho://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audeen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment 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: DEP Agreement No. 06SL1, Amendment No. 5, Attachment H, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth 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. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Attachment H, Page 3 of 5 Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or 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 of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless the date is extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 06SL1, Amendment No. 5, Attachment H, Page 4 of 5 M Oft 00 vi U I� w (y Y a�3 of mCD W P. All s c- 61 bd9 ra r►1 [S� W r; F 'Ci y Q - C Y 1/1 �}•r3 w0 A � Y EXHIBIT A Ft. Pierce Beach Shore Protection Project 2009 Physical and Environmental Monitoring Scope of Work (Assumes Construction in 2009) The U.S. Army Corps of Engineers (USACE) plans to renourish the project beach during spring 2009. Physical and biological project monitoring requirements for 2009, addressed in this scope of work, are based on monitoring plans incorporated in the existing permit (Permit No. 0269646-001-JC). The Physical Monitoring Plan, Ft. Pierce Shore Protection Project (December 2006) covers collection of hydrographic data and aerial photography. The Biological Monitoring Plan, Fort Pierce Shore Protection Project (February 2007) covers hardbottom and sea turtle nesting data collection. The plans modify past monitoring requirements based on discussions with the Florida Department of Environmental Protection (FDEP). Notably, the permit addresses shorebird monitoring. The Ft. Pierce Beach Shore Protection Project area extends from the Ft. Pierce Inlet south jetty (200 ft north of FDEP profile R-34) to T41. The physical monitoring control area extends 5,000 ft south of the project area, from T-41 to R-46. As such, all physical monitoring analyses address the beach reach from the inlet south jetty to R46. Tasks 1 — 4 address physical monitoring. Tasks 5 — 12 address biological monitoring. Task 1 Beach and Borrow Area Data Acquisition and Quality Control The beach monitoring area includes the project (R-34 to T41) and control areas (T-41 to R-46). Two separate 2009 surveys will document pre- and post -construction beach bathymetric and topographic conditions at every FDEP monument (R-34 through R-46 — 13 lines). In addition, we will perform a post -dredging survey of the proposed borrow site on Capron Shoal. A multi -beam survey conducted by the USACE from September 2007 through November 2007 for alternative borrow site investigations will serve as the pre -construction Capron Shoal survey. Our survey subcontractor, Morgan & Eklund, Inc., will perform the other surveys and provide us the data. Morgan & Eklund will perform all work activities and produce deliverables in accordance with the March 2004 (or later) Bureau of Beaches and Coastal Systems (BBCS) Monitoring Standards for Beach Erosion Control Projects; Section 01000, Beach Profile Topographic Surveying; Section 01100, Offshore Profile Surveying; and Section 01200, Borrow Site, Shoal, and Other Bathymetric Surveying. (Document available on the web at http://www.dep.state.fl.us/beaches/publications/tech- rpt.htm#RegionalMonitoringPlan). Upon receipt, we will perform a quality control check of the data. A - I EXHIBIT A We will also visit the beach to observe beach and dune geometry and general beach conditions. Cost Task 1: $31,115 Task 2 Beach and Borrow Area Survey Data Analysis We will plot the 2009 pre- and post -construction, 2008, 2007 pre- and post -construction, and 1999 pre- and post -construction beach profiles in the project and control areas. We will determine the 2009 pre -construction MHW and MLW shoreline conditions and compare them to the 2009 post -construction MHW and MLW shoreline positions. We will then compare these positions to 2008, 2007 pre- and post -construction, and 1999 pre- and post -construction beach profiles shoreline positions to document shoreline change magnitudes and rates. We will determine and compare beach volumes for 2009 pre- and post -construction, 2008, 2007 pre- and post -construction volumes, and 1999 pre- and post -construction conditions. We will compute volume changes over three vertical compartments: dune and MHW, MHW and MLW, and MLW and -10 ft NGVD. We will also compute beach volume changes seaward of the -10 ft NGVD contour; the presence of exposed hardbottom, with rapidly varying elevation characteristics, in this seaward region may limit the utility of this portion of analysis. Integration of beach volume changes alongshore helps develop sediment pathways, identify areas of accretion and erosion, and document the project performance. We will determine and compare volume changes within the Capron Shoal borrow site for the post -construction 2009 and the post -construction 2007 (pre -construction 2009) survey. Cost Task 2: $21,655 Task 3 Aerial Photography Our subcontractor, Aerial Cartographics of America (ACA) will collect aerial photography of the project shoreline. Morgan & Eklund will set ground control points for ACA. We will ensure that all work activities and deliverables be conducted in accordance with the March 2004 (or later) BBCS Monitoring Standards for Beach Erosion Control Projects, Section 02100, Environmental Aerial Photography. (Document available on the web at: http://www.dep.state.fl.us/beaches/publications/tech- rpt.htm#RegionalMonitoringPlan). A-2 EXHIBIT A We will deliver one set of vertical color pictures and CD/DVD with georeferenced scanned pictures. Cost Task 3: $10,024 Task 4 Physical Monitoring Report We will prepare and submit three paper copies and one electronic copy of our report documenting the methods and results of the beach monitoring to the FDEP and two paper copies and one electronic copy of the report to the county. Cost Task 4: $18,378 Task 5 Pre -Nesting Season Compaction and Escarpment Monitoring If required, our subcontractor, Ecological Associates, Inc. (EAI), will perform compaction monitoring of the 2009 nourishment area before February 13. We will transmit the results of this monitoring to the FDEP. In addition, if required, EAI will also perform escarpment monitoring of the 2009 nourishment area before February 13. Task 5: $5,209.16 Task 6 Construction Phase Sea Turtle Monitoring From March 1 through the end of construction, our subcontractor, EAI, will perform nighttime sea turtle monitoring throughout the project area. Nighttime monitoring will begin no later than 9:00 PM and conclude at 6:00 AM each day. During construction -phase monitoring, EAI, will relocate or conspicuously mark nests within the project area for avoidance. EAI will mark the southern boundary of the relocation area to include all construction areas and equipment access corridors. EAI will relocate sea turtle nests within the bounded area potentially threatened by construction activities to a safe and suitable in -beach hatchery in accordance with FWC guidelines. We will barricade those nests within the bounded area that remain unthreatened by construction activities with a series of stakes and surveyors tape -placed in a 10-foot radius around the clutch. We will determine reproductive success for all relocated and barricaded nests. Task 6: $55,497.16 A-3 EXHIBIT A Task 7 Nesting and Non -Breeding Shorebird Monitoring Our subcontractor, EAI, will commence daily surveys for nesting shorebirds April 1 or 10 days before the commencement of construction, whichever is later. The surveys will continue throughout the entire period of construction. EAI will cordon off any nest sites encountered in accordance with permit conditions and reported within 24 hours to FWC's Regional Nongame Biologist. We will coordinate with FWC and the contractor to ensure that construction activities occur in a manner that minimizes disturbance to nesting birds. EAI will report all breeding activity to FWC's Beach -Nesting Bird website within one week of data collection. In accordance with permit conditions, our subcontractor, EAI, will begin bi-weekly monitoring for non -breeding shorebirds 14 days before the commencement of construction activities, including the mobilization of equipment and supplies. Monitoring will continue for one full year following completion of construction. We will perform the surveys with biologists on ATVs during either the dawn or dusk timeframe. We will partition the survey area into different zones reflective of the level of construction occurring on the beach (e.g., construction staging, pipeline, sediment disposal, etc.). Within each zone, EAI will record the number and activity (feeding, resting, etc.) of observed shorebirds by species on field data sheets. EAI will report all non -breeding shorebird activity to FWC's Shorebird -Seabird Occurrence Database website within one month of data collection. Task 7: $27,670.17 Task 8 Post -Construction Sea Turtle Monitoring Our subcontractor, EAI, will provide all marine turtle related monitoring services as required by the FDEP permit and approved 2007 Biological Monitoring Plan. Once the construction phase nest production program has ceased, we will leave all nests in the project area in place and marked for the purpose of determining nest fate and reproductive success. Daily sea turtle nesting surveys of the project area will commence upon completion of construction through September 15. Thereafter, monitoring will occur three days per week until the last nest has hatched. Monitoring will include daily nest monitoring, marking and evaluating of a representative sample of nest (a minimum of 75 if available), and determining reproductive success. The turtle monitor will also determine and record false crawls and nests by species. Monitoring will occur within the re -nourished beach and an adjacent control area, of equal length, immediately south of the renourished beach. A-4 EXHIBIT A Upon completion of construction, turtle monitors will conduct sand compaction and escarpment surveys. Results from that effort will be provided to the county and FDEP to determine if appropriate action is required. After construction, turtle monitors will conduct weekly escarpment surveys. Task 8: $33,781.17 Task 9 Marine Turtle In -Water Surveys Our subcontractor, EAI, will perform four quarterly nearshore and mitigation area in -water marine turtle surveys and one survey during construction as required by the FDEP permit and the FDEP- approved 2007 Biological Monitoring Plan. EAI will use a boat equipped with a tower capable of holding two observers to traverse shore parallel transects at a constant speed. The nearshore, shore -parallel transects, 1 km in length, lie along the equilibrium toe of fill (ETOF) in the beach nourishment project area and a similar distance off the beach in a control area about 12,000 ft south of the project area. One observer will look to port; the other to starboard. Observers will record and identify the species of any turtle observed surfacing along each transects. The mitigation area monitoring observations shall coincide with the nearshore monitoring observations. One transect will also traverse the mitigation site. The survey protocol shall follow the nearshore monitoring protocol as described above. Cost Task 9: $16,080.17 Task 10 Lighting Surveys Our subcontractor, EAI, will monitor beachfront lighting as required FDEP permit and the FDEP approved 2007 Biological Monitoring Plan. The monitoring area will extend from the jetty south to the end of the 2007 nourishment area. Following the completion of construction, EAI will conduct nighttime monthly surveys from June through September. During each survey, EAI will identify lights visible from the beach and complete standard lighting report forms noting light characteristics with reference to the local lighting regulation. We will provide the monthly reports to the county and the FDEP. Before March 15, we will coordinate with the FWC, FDEP, FWS, City of Fort Pierce, and the county, to discuss required actions to address all lighting issues. A-5 EXHIBIT A Cost Task 10: $10,999.17 Task 11 Hardbottom Monitoring Our subcontractor, CSA International, will conduct hardbottom monitoring as required by permit and the Biological Monitoring Plan. Hardbottom monitoring shall consist of videotape transects, still photographic transects, and quadrat sampling along transect lines specifically identified and marked during previous hardbottom surveys. Hardbottom monitoring transects include the project area (R-35, R- 37, R-39, R-41), downdrift area (R-42, R-43), control area (R-53, R-54), and the mitigation artificial reef (three transects). We will follow hardbottom monitoring and data analyses protocols required by the above -referenced permit and monitoring plan. We will determine impacts to hardbottom based on these ground truth surveys, aerial photographs, and beach survey data. Cost Task 11: $112,176 Task 12 Biological Monitoring Annual Report We will submit the marine turtle and hardbottom monitoring reports to the FDEP and summarize their results into a single letter report. We will submit one hard copy and one digital copy of each report to the county and four hard copies and one digital copy of each report to the FDEP. Cost Task 12: $7,505 Total Project Cost: $350,090 We will provide these services for a fixed lump sum fee of $350,090. Exhibit B presents the cost proposal. A-6 Page 1 TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK 2009 FT PIERCE BEACH MONITORING - CONSTRUCTION TASK 1: Beach Data Acquisition and Quality Control Vice President Senior Professional Project Professional Administrative Support Total Man -Days Labor Cost 0.3 228.00 2.5 2,000.00 0.3 104.00 3.5 2,980.00 Non -Labor Units Cost ($) 'ubcontract hydrographic survey data (M&E) 1.0 28,135.00 Total Non -Labor Cost 28,135.00 Total Task 1 $ 31,115.00 Vice President 0.9 1,134.00 Director 3.1 3,475.00 Senior Professional 0.5 456.00 Project Professional 17.5 14,000.00 Staff Technical Support 1.0 496.00 Administrative Support 1.5 624.00 TASK 3: Aerial Photo Total Man -Days 25.3 Labor Cost 21,655.00 Total Task 2 $ 21,655.00 Senior Professional 0.1 114.00 Project Professional 1.1 900.00 Total Man -Days 1.5 Labor Cost 1,292.00 Non -Labor Units Cost ($) Subcontract aerial photography (ACA) 1.0 5,162.00 Subcontract ground targets(M&E) 1.0 3,570.00 Total Non -Labor Cost 8,732.00 Total Task 3 $ 10,024.00 EXHIBIT B Page 2 EXHIBIT B 2009 FT PIERCE BEACH MONITORING - CONSTRUCTION Vice President Director Senior Professional Project Professional Senior Editor Senior Technical Support Staff Technical Support Administrative Support Total Man -Days 0.8 972.00 2.0 2,224.00 1.0 912.00 9.5 7,600.00 1.8 1,372.00 2.5 1,640.00 4.5 2,232.00 2.3 936.00 24.5 Labor Cost 18,378.00 Total Task 4 $ 18,378.00 TASK 5: Pre -Nesting Season Compaction and Director 0.3 278.00 Project Professional 1.0 800.00 Administrative Support 0.1 52.00 Total Man -Days 1.4 Labor Cost 1,130.00 Non -Labor Units Cost ($) Subcontract turtle monitoring (EAI) 1.0 4,079.16 Total Non -Labor Cost 4,079.16 Total Task 5 $ 5,209.16 TASK 6: Construction Phase Sea Turtle Mon Director Project Professional Administrative Support Total Man -Days Labor Cost 0.3 278.00 3.0 2,400.00 0.5 208.00 3.9 3,048.00 Non -Labor Units Cost ($) Subcontract turtle monitoring (EAI) 1.0 52,449.16 Total Non -Labor Cost 52,449.16 Total Task 6 $ 55,497.16 Page 3 EXHIBIT B 2009 FT PIERCE BEACH MONITORING - CONSTRUCTION TASK 7: Nesting and Non -Breeding Shorebird Surveys Labor Days Cost ($) Task Totals Director 0.5 556.00 Project Professional 3.0 2,400.00 Administrative Support 1.0 416.00 Total Man -Days 4.8 Labor Cost 3,696.00 Non -Labor Units Cost ($) Subcontract turtle monitoring (EAI) 1.0 23,974.17 Total Non -Labor Cost 23,974.17 Total Task 7 $ 27,670.17 TASK 8: Post -Construction Sea Turtle Director 0.3 278.00 Project Professional 4.0 3,200.00 Administrative Support 1.3 520.00 Total Man -Days 5.8 Labor Cost 4,322.00 Non -Labor Units Cost ($) Subcontract turtle monitoring (EAI) 1.0 29,459.17 Total Non -Labor Cost 29,459.17 Total Task 8 $ 33,781.17 TASK 9: Marine Turtle In -Water Sury Director 0.8 834.00 Project Professional 1.0 800.00 Administrative Support 0.5 208.00 Total Man -Days 2.5 Labor Cost 2,166.00 Non -Labor Units Cost ($) Subcontract turtle monitoring (EAI) 1.0 13,914.17 Total Non -Labor Cost 13,914.17 Total Task 9 $ 16,080.17 TASK 10: Lighting Surveys Page 4 EXHIBIT B 2009 FT PIERCE BEACH MONITORING - CONSTRUCTION Labor Days Cost ($) Task Totals Vice President 0.3 324.00 Director 0.5 556.00 Project Professional 4.0 3,200.00 Total Man -Days 4.8 Labor Cost 4,080.00 Non -Labor Units Cost ($) - Subcontract turtle monitoring (EAI) 1.0 6,919.17 Total Non -Labor Cost 6,919.17 Total Task 10 $ 10,999.17 TASK 11: Hardbottom Mon Vice President 1.5 1,944.00 Director 1.5 1,668.00 Project Professional 9.0 7,200.00 Senior Technical Support 1.0 656.00 Staff Technical Support 2.0 992.00 Administrative Support 0.9 364.00 Total Man -Days 15.9 Labor Cost 12,824.00 Non -Labor Units Cost ($) Subcontract hardbottom monitoring (CSA) 1.0 99,352.00 Total Non -Labor Cost 99,352.00 Total Task 11 $ 112,176.00 TASK 12: Vice President 0.8 972.00 Director 0.5 556.00 Senior Professional 0.3 228.00 Project Professional 5.3 4,200.00 Senior Editor 0.5 392.00 Staff Technical Support 1.0 496.00 Administrative Support 1.0 416.00 Total Man -Days 9.4 Labor Cost 7,505.00 Project Total $ 350,090.00 g f I s W f € ; i ' € N S i o; r E [ Y E i m CL c 'O 5 w a o 0 i 3 a! ; m co,lL� C� ! fn N C m N �I _.i H 0. O) _. .,�. CL a a m � io 0 0 � o o o `o 0 0 0 0 o n L iM 0 N f'�7 N N M M m f� C N O N Of O) y C IFL- LL F t ►- LL 3 3 LL C C N C 7 C C C ILL lL LL to F' i I E 10 c O CL s a 0 s d Mnv o = z 10 _ I � o E_ U) c ¢ LLB' E N � m rn N � <( i O Iw+ y m '� Y 3 ° a 0) i'6 �1 Q CL T C .O. W N O O C T O N ¢ m rn c = m to m Z o a CD0 O O H 7 coO E�_q f a. cn Zn N a rn c d 0 N L L a in a V ._ .0 E a m m ¢ a z a o rn m m-o ci _ €i o i �N �co ;a Ln 'co €€• lao €rn �� � �CN -o