Loading...
HomeMy WebLinkAboutAgenda Packet 02-10-2009 ~r„ ~k~~~~+ P~.'~.`: ~ oi~~~ ~ ~ iM ~ , , ~.f , ;.e ~ . . . . ' February 10, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEEfINGS ARE TELEVISED. ALL MEEfINGS 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 prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a i, 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 forly-eight (48) hours prior to the meeting. 'I I February 10, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-i ucie.fl. us a . , , . . . . u~ . . ~...L.~. , . . ~ _ Paula A. Lewis, Chairman District No. 3 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. 5 ' , ~y " y~y .~yy, . < s.r.,i ~ ~ ~..i..x 3 E.. ~::y.~.y~ . , ~ p ~.y.., ~y yyyy~y~g ~~~~~i . 3 : . 'EN[I • .ii1~L . . . . . . , . ~ t., . ,.~~~z: . [1~fHI${~~ I. INVOCATION II. PLEDGE OF ALLEGIANCE III. a, MINUTES ~~~~~,~~~u ~ h~ Approve the minutes from the February 3, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Year In Review presentation by Chief Ron Parrish of the St. Lucie County Fire District ~ Resolution No. 09-038 - Recognizing the $5,000 contribution from Mr. Bob Herbst, Jr. to the St. Lucie ~ County Artificial Reef Program for the creation of two underwater reefs that were created by the A~~(~~ deployment of materials in the ocean the last week of August 2008, and naming the 90 foot deep reef as the "Bob Herbst, Sr. Reef' and naming the 55 foot deep reef as the "Bob Herbst, )r. Reef." Consider staff recommendation to adopt Resolution No. 09-038 as drafted. ~ Resolution No. 09-039 - Recognizing Mr. Bob Herbst, ]r. for his $5,000 contribution to the Snook Foundation, recognizing the Snook Foundation for overseeing the distribution of the funds for the deployment of the Tug Lee on September 17, 2008, and further, naming the reef the 'Tug Lesley Lee Reef." Consider staff recommendation to adopt Resolution No. 09-039 as drafted. D.. Resolution No. 09-050 - Supporting Efforts of the Florida Association of Counties to Protect Counties from ~U Unfunded Mandates. ~ ~ ~ ~ ~ C1~ I, . ~ , Ci 4UG1Yv k: ~i?S ~"u r IL ~:s t o5 IV~ ~C.,~~(~L~"i~11 . v ~p h,(~ Consider staff recommendation to adopt Resolution No. 09-050 as drafted. J E. Resolution No. 09-049 - Proclaiming February il, 2009 through February 17, 2009 as "2-1-1 Awareness Week" Consider staff recommendation to adopt Resolution No. 09-049 as drafted. F. Resolution No. 09-051 - Su ortin Ade uate State Fundin For Education ~ a~e~ t~~ PP 9 Q 9 t,;"u~ ~;.~G~ ~ , V~"~ I'~1G r" C~ t"~( 5~ f~,~~Y~1~(~ Consider staff recommendation to adopt Resolution No. 09-051 as drafted. ~ G. County Administrator will announce the Employee of the 4th Quarter for 2008. ~~~,~~5/ LI~~dS ~ H. Mark Godwin, Criminal Justice Coordinator will present the 2008 Detention Center Population Report V. GENERAL PUBLIC COMMENT , - p,P ~~s a ! . . ~ ~ - i~ ~-A VI. CONSENT AGENDA 1(~r~G~~ ,~~~V~ S ~ ~3 C _ . WARRANTS ( SCO ~ ~~~uSS~ , ~ Gi~' Approve warrant list No. 19. ;J•1' B. COUNTY ATTORNEY 1 ~ ~ Resolution No. 09-040 - Opposing Senate Bill 630, which, if passed, would prohibit St. Lucie County from imposing or collecting any Impact Fees for any purpose for a three year period from October 1, 2009, through September 30, 2012 in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-040 as drafted. ~ CENTRALSERVICES Second Amendment to Contract #C06-01-041 with Hennis Construction Company, Inc., for quarterly maintenance on the high security doors located at the Rock Road Correctional Facility. Consider staff recommendation to approve the Second Amendment to Contract #C06-O1-041 with Hennis Construction Company, Inc., for quarterly maintenance on the high security doors located at the Rock Road Correctional Facility. The Second Amendment will renew the contract for one (1) additional one- year term and extend the contract through February 18, 2010. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. D. PARKS AND RECREATION 4~ Permission to apply for a Summer Basketball Camp Grant and Swim Lessons Scholarships Grant. Consider staff recommendation to approve grant applications to the Children's Services Council of St. Lucie County for a summer basketball camp at the Fenn Center and swim lessons scholarships grant, authorize acceptance of the funds, if approved, and authorize the Chair to sign the Grant Agreements. B/ Request for approval to serve alcohol at White City Park. Consider staff recommendation to approve Michelle Spurlock's request to serve alcohol during her wedding/reception at White City Park on February 21, 2009. ~ PUBLIC SAFETY Request to approve the agreement with Dave's Communications, a local sole source vendor, to prepare 800 MHz radio infrastructure, run fiber and phone lines from the new 800 MHz radio building to the new Emergency Operations Center in the amount of $72,852.00. Consider staff recommendation to approve the agreement with Dave's Communications, a local sole source vendor, to prepare 800 MHz radio infrastructure, run fiber and phone lines from the new 800 MHz radio building to the new Emergency Operations Center in the amount of $72,852.00 and authorize the Chair to sign. E/ GRANTS Staff recommends Board acceptance of a grant award from the South Florida Water Management District (SFWMD) in the amount of $574,600 toward the costs associated with acquiring specific parcels associated with the Harbor Branch project and approval of the related Budget Resolution No. 09-044. ~ ~ PUBLIC WORKS Approval of Local Governmental Agreement #4600001575 with South Florida Water Management District (SFVNMD) in the amount of $1,000,000.00 and Resolution No. 09-033. Local match of $1,000,000 (50%) for Paradise Park Storm Water Improvements - Phase 3, estimated total project cost of $2,000,000. Consider staff recommendation to approve of Local Governmental Agreement with South Florida Water Management District (SFWMD) in the amount of $1,000,000.00 for Paradise Park Storm Water Improvements - Phase 3, and Resolution No. 09-033, and signature by Chair. ~ SUPERVISOR OF ELECTIONS Federal Election Activities agreement Consider staff recommendation to approve a Budget Amendment in the amount of $42,403.83 in order to accommodate the Federal Election Activities fund. ~ AIRPORT Budget Resolution No. 09-042 establishing the fund for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424991-1-1-94-01 in the amount of $721,600 (80% FDOT share) with a 20% local match share of $180,400 for a total cost of $902,000 to assist in the purchase of the 29-acre parcel south of Runway 9L/27R at the St. Lucie County International Airport. Consider staff recommendation to approve of Budget Resolution No. 09-042 establishing the fund for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424991-1-1-94-01 in the amount of $721,600 (80% FDOT share) with a 20% local match share of $180,400 for a total cost of $902,000 to assist in the purchase of the 29-acre parcel south of Runway 9L/27R at the St. Lucie County International Airport, and authorize the Chair or designee to execute same. J. MANAGEMENT AND BUDGEf . Purchasing Division - Board approval of the Seventh Amendment to Contract C06-07-407 with Hulett Environmental Services for County pest control services. Consider staff recommendation to approve the Seventh Amendment to Contract C06-07-407 with Hulett Environmental Services removing the Ft. Pierce Community Center and adding the Havert L. Fenn, and asking permission for the Chair to sign the amendment as prepared by the County Attorney. ~ Purchasing Division - Board approval of the Assignment of Contracts from Boyle Engineering Corporation (C07-05-255, C07-06-336, C07-07-381, C05-04-190 and C05-04-177) and DMJM Aviation, Inc. (C07-04-251) to AECOM USA, Inc. Consider staff recommendation to approve the Assignment of Contracts from Boyle Engineering Corporation and DMJM Aviation, Inc., to AECOM USA, Inc., and asking permission for the Chair to sign the assignments as prepared by the County Attorney. ' Purchasing Division - Award of Letter of Interest (LOI) #09-008 for Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County - Community Services Department. Consider staff recommendation to approve to award LOI #09-008 for Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County to the top ranked proposer, Sunrise City Community Housing Development Organization of Fort Pierce, Florida and permission for the Chair to sign the contract as prepared by the County Attorney. ' I DGEf CONTINUED I'I J. MAN GEMENT AND BU Award of Alcohol and Drug Abuse Mini Grant funds. Consider staff recommendation to approve the award of grant funds in the amount of $48,428.00 to the seven applicants; and authorize the County Attorney's Office to draw up the appropriate contracts for the Chair's signature. END OF CONSENT AGENDA VII. PUBLIC HEARINGS Silver Oaks - Consider Draft Development Agreement DVA 09-002, approving an agreement between Lennar ,Q~~ Homes, LLC and St. Lucie County - This is the first of two public hearings of Lennar Homes, LLC Development ~~f' Agreement DVA 09-002. The only action the Board needs to take at this time is to set a day, time and place for the second hearing. ~ v Staff recommends the second public hearing be held at 6:00 p.m., or as soon thereafter as possible, on February 17, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ANNOUNCEMENTS 1. MoneyFest is happening Saturday, February 21, 2009 from 9:00 a.m. - 5:00 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. 2. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce on Tuesday, February 24, 2009 at 2:00 p.m. in the County Commissioners Chambers. 3. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Thursday, February 26, 2009 vs. the Florida Marlins at 1:10 p.m. Home games run through April 2, 2009 with games vs. the Atlanta Braves, Baltimore Orioles, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. 4. The 44th Annual St. Lucie County Fair will take place February 27, 2009 - March 8, 2009 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.com. 5. The Board of County Commissioners will hold the Boards 2009 Strategic Planning Session on Monday, March 23, 2009 from 8:00 a.m. to 5:00 p.m. and on Tuesday, March 24, 2009 from 1:30 p.m. to 5:00 p.m. at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce FL. 6. Zora Fest! will be Friday, Saturday and Sunday, April 3~d, 4tn and 5th at Lincoln Park Academy and other venues. Hurston scholars will be on hand to discuss her writings and her life. Niece Lucy Hurston, a ' professor at Manchester Community College in Connecticut, will be on hand for the festival and a Sunday brunch at the Pelican Yacht Club on April 5, 2009. For additional information, contact the St. Lucie County Cultural Affairs Council at (772) 462-1767 or go online at www.stlucieco.gov/culturalaffairs/index.htm. 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 parly 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. i MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us ' , . . , , , , . ~ . . . . . . . . . , . . ~.t~~l~ (~i1~~i~1 Chris Dzadovsky, Chairman District No. 1 Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 t.. . _ . ~ . _ , . ~ - ~ , ~ _ . . I. MINUTES Approve the minutes from the January 27, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA ' WARRANTS ~ Approve warrant list No. 18 and 19. ~\~~v ~ B. MOSQUITO CONTROL i 1. Request approval of Amendment No. 1 to Contract No. C07-11-715, with Locher Environmental Technology, Inc., for Telemetry Equipment and Trihedral Program Maintenance and Monitoring Services. ~<< Consider staff recommendation to approve of a Sole Source and authorize the Chairman to 7 execute Amendment No. 1 to Contract No. C07-11-715, with Locher Environmental Technology, Inc., a sole source representative of Campbell Equipment and Trihedral programs, in the annually ' renewable amount of $53,868.00, for the purpose of Campbell Equipment and Trihedral program maintenance and monitoring. 2. Request Board approval to piggyback Indian River Mosquito Control District Invitation to Bid for ~ Permethrin, a Mosquito Control adulticiding chemical. Consider staff recommendation to approve to piggyback the July 2, 2008 Indian River County Mosquito Control District Invitation to Bid for Permethrin, and to purchase the chemicals as needed. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these ' meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the , request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us , , `~~if~. .:~(I~ , ~ . ~~i~i 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 ~ ~ . ~~~~tl : . : . . . I. ^rp~~ MINUTES P~~' Approve meeting minutes from the January 27, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA f U~~ ~ A. WARRANTS ~ Approve warrant list No. 18 and 19. B. PUBLIC WORKS Artificial Reef Grant Program: Accept a$5,000.00 donation from Mr. Bob Herbst. Approval of Budget Resolution No. 09-004 to make funds available from this donation in Account 184-3710-563005-39003 Artificial Reef Infrastructure. Consider staff recommendation to accept the $5,000 donation from Mr. Bob Herbst and the approval of Budget Resolution No. 09-004. ' I I ~I ; 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. I ~9 ~ ~ ; ~~t ~ ~ ~"~~~~~`~r ~1~ ~~~s ~ , Fehruary 6, ZU09 ~i}~~ ~i~Ul[1~~~ ' ~'~rryr Pel#crn, ~'ace.sident °~,7 Econ~opn~c Ilev~lopna~enE Couneit of SLC 1~5U SW Fouat~invi~ Blr~d,, Suitc 2!!5 Purt S~. Lacie, €~I. 3ft986 ~ C~~~ie,z~ k'. ~:~e°~t~m~~a '~~d:€y :ar I}r~&k` 8~I'« ~E~#!?A: At vur Purt S~. I.ucie ~Ci#y Cc~uncil Retreat on 3'h~.rsday, Febe~eccary there tvua a ?~~uncil cons+e~strs that direcced me #a ask yau to paea~+e be the o ' r nf a ,t~~ek ~~~3~° p~~?repoaed PoxE S~. Luciel~#. I.,ucie Cuun~jr lro~t ~eo~roaii~ S~mit~ i<:~ :~~st~e~r , ~ ' 13i:,tr a~;t ~ I believe at woaie3 t~ g Full dsy c~i~c~aaion ~rith thhe'S~ I,ude Coun~ty Cummis~~uners, ; Part 5~~. Lucie C:ity Couneit, Eca~stnmic DeueCapment Caancil, St~ E.ucic Caan~y ~ iaa~i~ ~3~rc~ ; Chamber and any others th~rt ~~ua tfie Ceru€~Ly Admi»iskratnr, a~d Cily Mauscge~r t ~ iat~~a~, ~ x ~ = dCeta4 AjYpriir[II"~fB. iy 1~.~~I,t~ L.~c 13es $~r F~ ~~~i ~tr~ e~ ~ T~me is uf ~ce e~sen~cc au+~ we Lope to ~Cexr fr~mE ~~u;as snon as pa~.s36~e an t~?is I , ~ ~ ias~e ~nd yuur ~ropassl. ` I C'Izri~fiis~a~pr:r ~tats~rr ; ' ~~i~~r~~:c' w~ 4incer~ty ~ 9 r ~ > ~ ~ ~ ~ ~ ~ a~a~ x ~ ~ , v~~~ t~ya~ ~ ~ ~ ; ctty of :F'ort S~. T.ucie JI~sbrc'' , , .~,.~k. . ~ f ~ . . . ~ ~ . ~ . E f F . . t.. ~ . . i I . . ~ ~ ~1 ~t ~ilti txrarit ~;ft. t;ueir ~ins~irs~rcl . Port St. Lucp~e, h'L~ ~d~ i!#9!! . . ~ ~ 1~&L~~e: ~"72»i3~'t-5t~~ Fit~s??2~1i7i-7:~L '~~13t3: 77~-BT~-G3:+4 ~ x ~ ~ 1'~.~ t s,,i~~y ~W~~~~~'~i ~3~~~,'. ~ ! ~ v i~~ ^ ~ M ~ ' I, ii > . . , . F..:,., , . I ~~i~11~1~ ~~~~€i~~^, ~ii~~i~~ ~i~~$ ° i~~~~~i~i~ February 10, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS ' AGENDA ' WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS - These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possibte, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed ,prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. ' NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. ~ PUBLIC COMMENT - Time is allotted at the beginning of each meeting for general public comment. Please limit , comments to five minutes. DECORUM - Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ ` February 10, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us „ ~ . _ , ~'~~i[~~ ° ` ~~r~~ . , ~i~~~l~ F ~ . < , t . ti~ . "r~~~~~~~ Paula A. Lewis, Chairman District No. 3 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. 5 • : ; . . ~ :t::y , : E.~.., . . . '~~~I~~.. . I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 3, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Year In Review presentation by Chief Ron Parrish of the St. Lucie County Fire District B. Resolution No. 09-038 - Recognizing the $5,000 contribution from Mr. Bob Herbst, Jr. to the St. Lucie County Artificial Reef Program for the creation of two underwater reefs that were created by the deployment of materials in the ocean the last week of August 2008, and naming the 90 foot deep reef as the "Bob Herbst, Sr. Reef' and naming the 55 foot deep reef as the "Bob Herbst, Jr. Reef." Consider staff recommendation to adopt Resolution No. 09-038 as drafted. C. Resolution No. 09-039 - Recognizing Mr. Bob Herbst, Jr. for his $5,000 contribution to the Snook Foundation, recognizing the Snook Foundation for overseeing the distribution of the funds for the deployment of the Tug Lee on September 17, 2008, and further, naming the reef the 'Tug Lesley Lee Reef.° Consider staff recommendation to adopt Resolution No. 09-039 as drafted. D. Resolution No. 09-050 - Supporting Efforts of the Florida Association of Counties to Protect Counties from Unfunded Mandates. Consider staff recommendation to adopt Resolution No. 09-050 as drafted. E. Resolution No. 09-049 - Proclaiming February 11, 2009 through February 17, 2009 as "2-1-1 Awareness Week" Consider staff recommendation to adopt Resolution No. 09-049 as drafted. F. Resolution No. 09-051 - Supporting Adequate State Funding For Education Consider staff recommendation to adopt Resolution No. 09-051 as drafted. G. County Administrator will announce the Employee of the 4th Quarter for 2008. H. Mark Godwin, Criminal Justice Coordinator will present the 2008 Detention Center Population Report V. GENERAL PUBLIC COMMENT f VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 19. i B. COUNTY ATTORNEY , Resolution No. 09-040 - Opposing Senate Bill 630, which, if passed, would prohibit St. Lucie County from ' imposing or coilecting any Impact Fees for any purpose for a three year period from October 1, 2009, through September 30, 2012 in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-040 as drafted. C. CENTRAL SERVICES Second Amendment to Contract #C06-01-041 with Hennis Construction Company, Inc., for quarterly maintenance on the high security doors located at the Rock Road Correctional Facility. Consider staff recommendation to approve the Second Amendment to Contract #C06-O1-041 with Hennis Construction Company, Inc., for quarterly maintenance on the high security doors located at the Rock Road Correctional Facility. The Second Amendment will renew the contract for one (1) additional one- year term and extend the contract through February 18, 2010. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. D. PARKS AND RECREATION 1. Permission to apply for a Summer Basketball Camp Grant and Swim Lessons Scholarships Grant. Consider staff recommendation to approve grant applications to the Chi~dren's Services Council of St. Lucie County for a summer basketball camp at the Fenn Center and swim lessons scholarships grant, authorize acceptance of the funds, if approved, and authorize the Chair to sign the Grant Agreements. 2. Request for approval to serve alcohol at White City Park. Consider staff recommendation to approve Michelle Spurlock's request to serve alcohol during her wedding/reception at White City Park on February 21, 2009. E. PUBLIC SAFET`( Request to approve the agreement with Dave's Communications, a local sole source vendor, to prepare 800 MHz radio infrastructure, run fiber and phone lines from the new 800 MHz radio building to the new , Emergency Operations Center in the amount of $72,852.00. , Consider staff recommendation to approve the agreement with Dave's Communications, a local sole source vendor, to prepare 800 MHz radio infrastructure, run fiber and phone lines from the new 800 MHz II radio building to the new Emergency Operations Center in the amount of $72,852.00 and authorize the , Chair to sign. F. GRANTS Staff recommends Board acceptance of a grant award from the South Florida Water Management District (SFWMD) in the amount of $574,600 toward the costs associated with acquiring specific parcels associated with the Harbor Branch project and approval of the related Budget Resolution No. 09-044. ii ! G. PUBLIC WORKS V Approval of Local Governmental Agreement #4600001575 with South Florida Water Management District (SFWMD) in the amount of $1,000,000.00 and Resolution No. 09-033. Local match of $1,000,000 (50%) for Paradise Park Storm Water Improvements - Phase 3, estimated total project cost of $2,000,000. Consider staff recommendation to approve of Local Governmental Agreement with South Florida Water Management District (SFWMD) in the amount of $1,000,000.00 for Paradise Park Storm Water Improvements - Phase 3, and Resolution No. 09-033, and signature by Chair. H. SUPERVISOR OF ELECTIONS ' Federal Election Activities agreement Consider staff recommendation to approve a Budget Amendment in the amount of $42,403.83 in order to accommodate the Federal Election Activities fund. I. AIRPORT Budget Resolution No. 09-042 establishing the fund for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424991-1-1-94-01 in the amount of $721,600 (80% FDOT share) with a 20% local match share of $180,400 for a total cost of $902,000 to assist in the purchase of the 29-acre parcel south of Runway 9L/27R at the St. Lucie County International Airport. Consider staff recommendation to approve of Budget Resolution No. 09-042 establishing the fund for the , Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424991-1-1-94-01 in , the amount of $721,600 (80% FDOT share) with a 20% local match share of $180,400 for a total cost of $902,000 to assist in the purchase of the 29-acre parcel south of Runway 9L/27R at the St. Lucie County International Airport, and authorize the Chair or designee to execute same. J. MANAGEMENT AND BUDGEi" 1. Purchasing Division - Board approval of the Seventh Amendment to Contract C06-07-407 with Hulett Environmental Services for County pest control services. Consider staff recommendation to approve the Seventh Amendment to Contract C06-07-407 with : Hulett Environmental Services removing the Ft. Pierce Community Center and adding the Havert L. Fenn, and asking permission for the Chair to sign the amendment as prepared by the County Attorney. ' 2. Purchasing Division - Board approval of the Assignment of Contracts from Boyle Engineering Corporation (C07-05-255, C07-06-336, C07-07-381, C05-04-190 and C05-04-177) and DMJM Aviation, Inc. (C07-04-251) to AECOM USA, Inc. Consider staff recommendation to approve the Assignment of Contracts from Boyle Engineering Corporation and DMJM Aviation, Inc., to AECOM USA, Inc., and asking permission for the Chair to sign the assignments as prepared by the County Attorney. 3. Purchasing Division - Award of Letter of Interest (LOI) #09-008 for Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County - Community Services Department. Consider staff recommendation to approve to award LOI #09-008 for Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County to the top ranked proposer, Sunrise City Community Housing Development Organization of Fort Pierce, Florida and permission for the Chair to sign the contract as prepared by the County Attorney. J. MANAGEMENT AND BUDGET CONTINUED 4. Award of Alcohol and Drug Abuse Mini Grant funds. Consider staff recommendation to approve the award of grant funds in the amount of $48,428.00 to the seven applicants; and authorize the County Attorney's Office to draw up the appropriate contracts for the Chair's signature. END OF CONSENT AGENDA ' VII. PUBLIC HEARINGS Silver Oaks - Consider Draft Development Agreement DVA 09-002, approving an agreement between Lennar Homes, LLC and St. Lucie County - This is the first of two public hearings of Lennar Homes, LLC Development Agreement DVA 09-002. The only action the Board needs to take at this time is to set a day, time and place for the second hearing. Staff recommends the second public hearing be held at 6:00 p.m., or as soon thereafter as possible, on February 17, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ANNOUNCEMENTS 1. MoneyFest is happening Saturday, February 21, 2009 from 9:00 a.m. - 5:00 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. 2. The Board of County Commissioners will hold a Joint Meeting with the City of Fort Pierce on Tuesday, February 24, 2009 at 2:00 p.m. in the County Commissioners Chambers. 3. The New York Mets kick off their Spring Training Season at Tradition Field in Port St. Lucie on Thursday, February 26, 2009 vs. the Florida Marlins at 1:10 p.m. Home games run through April 2, 2009 with ' games vs. the Atlanta Braves, Baltimore Orioles, St. Louis Cardinals, Houston Astros, Washington Nationals, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.traditionfield.com. 4. The 44th Annual St. Lucie County Fair will take place February 27, 2009 - March 8, 2009 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.com. 5. The Board of County Commissioners will hold the Boards 2009 Strategic Planning Session on Monday, ' March 23, 2009 from 8:00 a.m. to 5:00 p.m. and on Tuesday, March 24, 2009 from 1:30 p.m. to 5:00 p.m. at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce FL. , 6. Zora Fest! will be Friday, Saturday and Sunday, April 3~d, 4Ln and 5th at Lincoln Park Academy and other venues. Hurston scholars will be on hand to discuss her writings and her life. Niece Lucy Hurston, a professor at Manchester Community College in Connecticut, will be on hand for the festival and a Sunday ~ brunch at the Pelican Yacht Club on April 5, 2009. For additional information, contact the St. Lucie County Cultural Affairs Council at (772) 462-1767 or go online at wwwstlucieco.gov/culturalaffairs/index.htm. 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. ,I I . MOSQUITO CONTROL DISTRICT www.co.st-I ucie.fl. us , . . . . . . . . _ , , , ~~i~. ~I , . , , . . , . . : . ~ . : ~ Chris Dzadovsky, Chairman District No. 1 Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 ~ . . : ~ , . . , ~ . . _ ,.9;, ~ ~ ~ y . . . , . I. MINUTES Approve the minutes from the January 27, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 18 and 19. B. MOSQUITO CONTROL 1. Request approval of Amendment No. 1 to Contract No. C07-11-715, with Locher Environmental Technology, Inc., for Telemetry Equipment and Trihedral Program Maintenance and Monitoring Services. Consider staff recommendation to approve of a Sole Source and authorize the Chairman to execute Amendment No. 1 to Contract No. C07-i1-715, with Locher Environmental Technology, Inc., a sole source representative of Campbell Equipment and Trihedral programs, in the annually renewable amount of $53,868.00, for the purpose of Campbell Equipment and Trihedral program maintenance and monitoring. 2. Request Board approval to piggyback Indian River Mosquito Control District Invitation to Bid for Permethrin, a Mosquito Control adulticiding chemical. Consider staff recommendation to approve to piggyback the July 2, 2008 Indian River County Mosquito Control District Invitation to Bid for Permethrin, and to purchase the chemicals as ' needed. 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. r EROSION DISTRICT www. co. st- I uci e.fl . u s , 4 ~ ~ . . . . . ~.,..,~..A.... , . : F ; ; . . ~ _ ~ Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 I Doug Coward District No. 2 , Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 ' .T.. _ . . , _ ,d~ , ~ , . . . ~r~..,. ..ss ~i~[ ~`i~~..~d ' I. MINUTES Approve meeting minutes from the January 27, 2009 meeting. II. GENERAL PUBLIC COMMENT ' III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 18 and 19. B. PUBLIC WORKS I Artificial Reef Grant Program: Accept a$5,000.00 donation from Mr. Bob Herbst. Approval of Budget , Resolution No. 09-004 to make funds available from this donation in Account 184-3710-563005-39003 ' Artificial Reef Infrastructure. ' Consider staff recommendation to accept the $5,000 donation from Mr. Bob Herbst and the approval of Budget Resolution No. 09-004. ' I I , II~ I I I ~III 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. , . , . ~ i,i ;I I i AGENDA REQUEST ITEM NO. IV-B ' ; ...ra~ ~ J ! ~ATE: February 10, 2009 ~ , • • ~ , REGULAIZ [X] i PUBLIC gIEARING [ ] CONSEI~IT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre ' County Attorney SUBJECT: -038 - Reco nizin the 5,000 contribution from Mr. Bob Resolution No. 09 g g $ Herbst Jr. to the St. Lucie County Artificial Reef Program for the creation of two underwater reefs that were created by the deployment of materials in the ocean the last week of August, 2008, and naming the 90 foot deep reef as , the "Bob Herbst Sr. Reef"; and naming the 55 foot deep reef as the Bob Herbst Jr. Reef°. BACKGROUND: Mr. James Oppenborn, Marine Resource Coordinator for St. Lucie County, under the Public Works Department, has requested that this Board recognize Mr. Bob Herbst Jr. for his contribution to the St. Lucie County Artificial Reef Program. The attached Resolution No. 09-038 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-038 ' as drafted. CONIl~IISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED ` [ ] OTHER : A roved 5-0 pp Faye W. Outlaw, MPA County Administrator Review and Approvals ri c:..?~ r'.ii i(~ County Attorney: ~ Management& Budget Purchasing: ' ~ Originating Dept. t rV~,('/~ ~<r ~~'`t Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 ~ RESOLUTION NO. 09-038 j A RESOLUTIOYJ RECOGNIZING THE $5,000.00 I CONTRIBUTION FROM MR. BOB HERBST JR. TO THE ' ST. LUCIE COUNTY ARTIFICIAL REEF PROGRAM FOr't I THE CREATION OF TWO UNDERWATER REEFS THAT WERE CREATED BY THE DEPLOYMENT OF MATERIALS IN THE i OCEAN THE LAST WEEK OF AUGUST, 2008; AND I~3AMING THE 90 FOOT DEEP REEF AS THE "BOB ' FiERBST SR. REEF"; AND NAMING THE 55 FOOT DEEP ! REEF AS THE "BOB HERBST JR. REEF" WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: ~ 1. Mr. Bob Herbst Jr. contributed $5, 000.00 to the St. Lucie ' County Artificial Reef Program for the creation of two underwater ' reefs that were deployed the last week of August, 2008. 2. The materials that were used to create the 90 foot deep reef were deployed on August 25, 2008, and August 26, 2008. 3. The materials that were used in order to create the 55 foot deep reef were deployed on August 27, 2008, and August 28, 2008. 4. This Board believes that the contribution on behalf of ~ Mr. Bob Herbst Jr., to the St. Lucie County Artificial Reef Program should be recognized. NO~i, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: , 1. This Board does hereby recognize the $5,000.00 ; contribution from Mr. Bob Herbst Jr. to the St. Lucie County I Artificial Reef Program. ~I' , i ~ I ~ 2. The Board does hereby name the 90 Foot Deep Reef as the j! : "Bob Herbst Sr. Reef" and the 55 Foot Deep Reef as the "Bob Herbst ~ Jr. Reef" in appreciation of the contribution to the St. Lucie ' ~ County Artificial Reef Program. I 3. This contribution will certainly provide various species of marine life to be attracted to these two new artificial reefs ; and will create more diverse spots for divers and fishermen alike. ; ?P_~SED PiI~,~D ~U'L'i' ADOPTED this 10th day of February, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ; ~ BY: ' DEPUTY CLERK CHA.IR i ~ ' . APPROV~t~ r'~iS `y J' z.k:.~~.% ~°U' t~~.~'i P:FV'I3 CORRECTIr~~SS : ~ ' COUNTY ATTORNEY ' ~ i i i ~ i . ~ ~ , ,I AGENDA REQUEST ITEM NO. IV-C ~ ~ ~ ~ ~ ~ry ~ DATE: Februar 1 0, 2009 Y ~ ' ~ + ' ~ REGULAR [ X ] PUBLIC HEARING [ J CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-039 - Reco nizin Mr. Bob Herbst r. f g g J or his $5,000 contribution to the Snook Foundation, recognizing the Snook Foundation for overseeing the distribution of the funds for the deployment of the Tug Lee on September 17, 2008, and further, naming the reef the "Tug Lesley Lee Reef". BACKGROUND: Mr. James Oppenborn, Marine Resource Coordinator for St. Lucie County, ' under the Public Works Department, has requested that this Board recognize Mr. Bob Herbst Jr. for his contribution to the Snook Foundation, and recognize the Snook Foundation for overseeing the distribution of the funds. The attached Resolution No. 09-039 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-039 ' as drafted. CONII~lISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: --G-~--~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals t~ ~ County Attorney:_ ri~'~^ , Management& Budget Purchasing: f ~~C" °!'r~~1~ J ~J~ f ~Fr~~ . Originating Dept. '"j '~'Lf` Other: Other: v" Finance: (Check for Copy only, if applicable) Eff. 5/96 ° . RESOLUTION NO. 09-039 A RESOLUTION RECOGNIZING MR. BOB HERBST JR. FOR HIS $5,000.00 CONTRIBUTION TO THE SNOOK FOUNDATION; RECOGNIZING THE SNOOK FOUNDATION FOR OVERSEEING THE DISTRIBUTION OF THE FUNDS FOR THE DEPLOYMENT OF THE TUG LEE ON SEPTEMBER 17, 2008; AND FURTHER, NAMING THE REEF THE "TUG LESLEY LEE REEF" WHEREAS, th.e Board of County Commissioners of St. Lucie County , has made the following determinations: ~ ~ ' 1. Mr. Bob Herbst Jr. contributed $5,000.00 to the Snook i Foundation, which was transferred to McCulley Marine Services, I Inc., for the deployment of the Tug Lee on September 17, 2008. ~ ; 2. The Tug Lee, built in 1952 by Bellinger Shipbuilding ; I ' Company, is 48.8 feet in length with a steel hull at a depth of 5.5 ~ i feet and a breadth of 15 feet, weighed 12 net tons at~deployment. ~ 3. A post-deployment inspection showed that the Tug Lee is ; I now upright and stable at the bottom of the permitted offshore i artificial reef site and providing fish habitat and fishing i, opportunities. ; I 4. This Board believes that the $5,000.00 contribution from Mr. Bob Herbst Jr. to the Snook Foundation and the overseeing of ~ ~ the distribution of the funds by the Snook Foundation for the deployment of the Tug Lee should be recognized. I NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby recognize Mr. Bob Herbst Jr. for i his $5,000.00 contribution to the Snook Foundation; and does I ~ ~ ~ i ; ; ~ I~ hereby further recognize the Snook Foundation for overseeing the I~; ~ distribution of the funds for the deployment of the Tug Lee on ~ September 17, 2008. 2. This Board does hereby name the reef created by the I' deployment of the Tug Lee as the "Tug Lesley Lee Reef° in I' appreciation of the contribution from Mr. Bob Herbst, Jr., which has provided various species of marine life to be attracted to ~ this new artificial reef. ' PASSED AND DULY ADOPTED this 10th day of February, 2009. I ATTEST: BOARD OF COUNTY CONIl~lISSIONERS ~ ST. LUCIE COUNTY, FLORIDA II BY• DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND ' CORRECTNESS: I COUNTY ATTORNEY I' , , „ ~ II I' i I ~I I AGENDA REQUEST ITEM NO. IV-D ' ~ _ ~ ~ ; ~ , I ^ -,,,5~ : DATE: February 10, 2009 ~ . ~ . ~ REGULAR[X] PUBLIC HEARING [ ] ' CONSENT [ ] TO: BOARD OF COUNTY COMNIISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-050 - Supporting Efforts of the Florida Association of Counties to Protect Counties from Unfunded Mandates. BACKGROUND: ' The Florida Association of Counties has recognized that the Florida Ct;~stitutional provision pertaining to unfunded mandates is not crafted in a manner to adequately protect local governments and their citizens from the negative effects of unfunded mandates. The attached Resolution No. 09-050 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: ' Staff recommends that the Board adopt the attached Resolution No.09-050 ' as drafted. ' CONIl~iISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED [ ] OTHER : .,~`_-----~`ti Approved 5-0 Faye W, Outlaw, MPA County Administrator ~ Review and Approvals C~?~ C~_ ' County Attorney: " Management & Budget Purchasing : l..?6:lrE'1 :,•,.;J'`-,f.~,;' ' Originating Dept. Other: Other: Finance: {Check for Copy only, if applicable)_ Eff. 5/96 RESOLUTION NO. 09-050 A RESOLUTION OF THE BOARD OF COUNTY CONII~IISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING EFFORTS OF TFiE FLORIDA ASSOCIATION OF COUNTIES TO PROTECT COUNTIES FROM UNFUNDED MANDATES WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County has been authorized by the electorate of the County, by the 1885 and 1968 Constitutions of the State of Florida, and Florida Statutes to operate, manage, and protect St. Lucie County. 2. The Florida Constitution and Florida Statutes have given St. Lucie County and its leadership limited revenue sources to protect the health, safety and welfare of St. Lucie County. 3. The Legislature has from time to time for its own purposes adopted State regulations that require local governments to spend funds or take actions requiring the expenditure of funds without providing an associated funding source. 4. Unfunded mandates negatively affect the County and its citizens by constraining and distorting the use of available funds which would otherwise be properly determined by home rule. 5. The Florida Association of Counties has recognized that the Florida Constitutional provision pertaining to unfunded mandates is not crafted in a manner to adequately protect local governments and their citizens from improper unfunded mandates. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: i 1. The protection of local governments from State initiated unfunded mandates is of critical importance to the proper management and ' operation of St. Lucie County and the protection of its citizens. 2. This Board endorses and supports the efforts of the Florida Association of Counties to protect local governments from the negative effects of unfunded mandates. 3. This Board encourages the Florida Legislature to eliminate its policies of adopting Legislation or practices imposing unfunded mandates on Florida local governments. , 4. The County Administrator is hereby directed to forward copies of this resolution to Governor Charlie Crist and the County's State Legislative Delegation. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice-Chair Charles Grande XX Commissioner poug Coward XX Commissioner Chris Dzadovsky XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 10th day of February, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ' ST. LUCIE COUNTY, FLORIDA I BY• DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: ' COUNTY ATTORNEY ' ~ ; ~ AGENDA REQUEST ITEM NO. ~:~E ' . DATE: February 10, 2009 ~ry ~ i REGULAR . . PUBLIC HEARING ~ CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre i SUBJECT: Resolution No. 09-049 - Proclaiming February 11, 2009 through February I 17, 2009 as "2-1-1 Awareness Week" ! BACKGROUND: Tara Martin, Community Relations Specialist for 211 Palm Beach/Treasure Coast for Martin, St. Lucie and Okeechobee Counties, has requested that this Board adopt a ' resolution proclaiming February 11, 2009 through February 17, 2009 as "2-1-1 Awareness Week" in St. Lucie County, Florida. Resolution No. 09-049 has been drafted for that purpose. , FUNDS AVAILABLE: I PREVIOUS ACTION: RECOMMENDATION: Staff recommends thnt the Bonrd adopt nttached Resolution No. 09-049 ns drafted. ; ~I COMMISSION ACTION: CONCURRENCE: , ~ APPROVED [ ] DENIED ' OTHER: ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator ~~r" Review and A~provals ~ ! V County Attorney: ~ Management & Budget Purchasing: Daniel 5. McIntyre Originnting Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ RESOLUTION NO. 09-049 A RESOLUTION PROCLAIMING FEBRUARY 11, 2009, THROUGH FEBRUARY 17, 2009, AS "2-1-1 AWARENE55 WEEK" IN ST. LUCIE COUNTY, FLORI~A ~ WHEREAS, the Board vf County Commissioners of St. Lucie County, Florida, has made ' the following determinations: 1. Many times when individuals need help with meeting life's basic needs they are not sure where to turn. 2. Palm Beach County and the Treasure Coast are fortunate to have a non-profit agency, 2-1-1 Palm Beach/Treasure Coast, that has been in the community for more than thirty-five years providing information and referra) on community resources, telephone counseling for distressed callers and suicide intervention. 3. 2-1-1 Palm Beach/Treasure Coast will be recognized as the centra) linkage point in our community providing individuals with the information and support they need to solve their problems. 4. Staff and volunteers at 2-1-1 Palm Beach/Treasure Coast, available twenty- four hours a day, seven days a week, assisted over 173,000 callers last year alone who were in need of information, referrals to social services agencies or just someone to talk to. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 11, 2009 through February 17, 2009, as "2-1-1 AWARENE55 WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to be aware of the only telephone number they need to know to access information or referral on over 4,200 programs in our community that provide assistance in such areas of Insurance, Volunteering, Food, ~ay Care, Mental Health Counseling, Support Groups, Home Heatth Care, Financial Assistance, etc. ~ . ; ~ i PASSE~ AND DULY ADOPTED this lOth day of February, 2009. i ATTEST: BOAR~ OF COUNTY COMMISSIONERS ' ST. LUCIE COUNTY, FLORIDA i, ' ; BY: 'i DEPUTY CLERK CHAIR ~I APPROVED AS TO LEGAL FORM AND CORRECTNE55: I COUNTY ATTORNEY ' , i AGENDA REQUEST ITEM NO. IV-F ! '~t ~ F ~ ~.W.:~t i. ~ , t x a . DATE: February 10, 2009 ~ • . ~ ; REGULAR[X] . PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBNIITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-051 - Urging the Florida Legislature to Provide Adequate Funding For Public Education in Florida. BACKGROUND: The County is aware that the State is considering reducing funding education, and believes that it is imperative for the State to continue funding education. The attached Resolution No. 09-051 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No.09-051 as drafted. ' CONIl~lISSION ACTION: CONCURRENCE: ' 4~~ APPROVED [ ] DENIED [ ] OTHER : A roved 5-0 pp Faye W, Outlaw, MPA County Administrator Review and Approvals i r County Attorney: Management & Budget Purchasing : : K? , i i`;~,~. ~ . i~' Originating Dept. i.~ Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 RESOLUTION NO. 09-051 ' A RESOLUTION OF THE BOARD OF COUNTY CONIl~lISSIONERS ' OF ST. LUCIE COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR PUBLIC EDUCATION IN FLORIDA ; WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Due to the continued problems in our economy which have ` been facing St. Lucie County, and the State of Florida, for quite some time now, the State of Florida is considering reducing state funding for education. 2. This Board believes that it is imperative for the State to continue adequate funding for education. NOW, THEREFORE, 2T RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board urges the Florida Legislature to provide adequate funding for public education in Florida. 2. The County Administrator is hereby directed to forward ' copies of this resolution to Governor Charlie Crist and the County's State Legislative Delegation. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice-Chair Charles Grande XX Commissioner poug Coward XX Commissioner Chris Dzadovsky XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 10th day of February, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ' ST. LUCIE COUNTY, FLORIDA BY• DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY i ~ 02/06/09 ST. LUCIE COUNTY - BOARD PAGE~' FZABWARR WARRANT LIST #19- 31-JAN-2009 TO 06-FEB-2009 ' FUND SUMMARY ~ FUND TITLE EXPENSES PAYROLL 001 General Fund 558,917.89 606,941.66 001113 CDBG Supp Disaster Recovery Subgran 22,507.00 0.00 001164 USDOJ Violence Against Women Grant 5.48 73.21 001176 FTA Section 5303 F/Y06 146.76 1,983.02 001184 CDBG 07 54,324.00 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 660.57 5,475.27 001190 FTA Sec 5307 - Buses 05/06 5.48 73.21 001193 FDCA SLC Buildings Wind Retrofit pr 701.10 0.00 001194 U.S. Dept of Housing & Community 20.07 266.24 001417 FDCA St. Lucie Co. Special Needs Sh 90,000.00 0.00 001434 Fla Comm for the Disadvantaged Tran 47.13 636.60 001436 INTACT Inspired Network to Achieve 51.21 551.20 001500 FDEM Emergency Mgmt Performance 5,000.00 0.00 001501 CSBG 2008-2009 Dept of Health and H 6,011.23 2,662.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 1,286.82 0.00 101 Transportation Trust Fund 194,381.12 41,517.61 101001 Transportation Trust Interlocals 78.12 1,021.03 101002 Transportation Trust/80o Constitut 30,387.05 46,193.86 101003 Transportation Trust/Local Option 21,099.47 29,670.89 101004 Transportation Trust/County Fuel Tx 13,940.50 17,977.58 101006 Transportation Trust/Impact Fees 49,340.91 0.00 102 Unincorporated Services Fund 6,571.16 81,797.68 102001 Drainage Maintenance MSTU 31,020.21 5,437.16 105 Library Special Grants Fund 135.94 0.00 107 Fine & Forfeiture Fund 108,174.00 158,473.74 107001 Fine & Forfeiture Fund-Wireless Sur 84.92 1,113.60 107002 Fine & Forfeiture Fund-E911 Surchar 84.91 1,113.60 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,278.43 0.00 107006 F&F Fund-Court Related Technology 5,871.19 8,736.95 107156 US DOJ SCAAP 2007 15,765.45 0.00 107204 FL Dept Juvenile Justice-DMC Civil 696.73 1,507.10 107205 Juvenile Justice & Delinquency Prev 1,829.35 2,076.00 111 River Park I Fund 2,900.11 0.00 112 River Park II Fund 614.61 0.00 115 Sheraton Plaza Fund 649.91 0.00 118 Paradise Park Fund 898.20 0.00 120 The Grove Fund 183.52 0_00 122 Indian River Estates Fund 1,060.96 0.00 129 Parks MSTU Fund 7,362.10 0.00 130 SLC Public Transit MSTU 91,071.13 2,176_18 130100 FTA 5307 Capital and Operating assi 93,093.00 0.00 139 Palm Grove Fund 772.28 0_00 ' 140 Airport Fund 11,218.92 15,318.53 140001 Port Fund 45.63 0.00 ' 140133 Construct Runway 9L/27R/Fence 49,492.00 0.00 140136 Security Fencing 27,231.51 0.00 140306 DOT-New N. Entrance Port Ft. Pierce 31,446.47 0.00 140350 Install Security Fencing 2,361.80 0.00 02/06/09 ST. LUCIE COUNTY - BOARD PAGE ~ FZABWARR WARRANT LIST #19- 31-JAN-2009 TO 06-FEB-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 140353 Taylor Creek New Spoil Site 20,837.50 0.00 140355 Security Fencing 1,433.24 0.00 150 Impact Fee Collections 114.61 1,523.20 160 Plan Maintenance RAD Fund 4,605.15 3,917.65 183 Ct Administrator-1~9th Judicial Cir 2,919.51 3,009.49 183001 Ct Administrator-Arbitration/Mediat 880.00 0.00 183004 Ct Admin.- Teen Court 439.24 5,996.24 185009 F~IFA SHIP 2007/2008 111.87 1,541.60 189201 FHFC Hurricane Housing Recovery Pla 525.93 6,989.60 189202 My Safe Florida Home 9,322.42 0.00 201 So County Regional Stadium Debt 52,410.59 0.00 218 Transportation-I&S 623,206.26 0.00 310001 Irnpact Fees-Library 32,770.00 0.00 310002 Irnpact Fees-Parks 12,165.00 0.00 310806 FIND-S. Causeway Island Park Imp 4,116.14 0.00 315 County Building Fund 23,946.30 0.00 316 County Capital 708,572.00 0.00 316001 5th Cent Fuel-Capital 254.36 0.00 318 County Capital-Transportation Bond 3,200.00 0.00 318102 FHWA Angle Rd Sidewalk & Signalizat 8,770.50 0.00 401 Sanitary Landfill Fund 394,065.89 57,311.37 418 Golf Course Fund 11,332.17 25,584.63 451 S. Hutchinson Utilities Fund 15,072.23 1,706.81 458 SH Util-Renewal & Replacement Fund 46.80 639.86 461 Sports Complex Fund 32,858.07 17,346.63 471 No County Utility District-Operatin 71,154.65 10,779.50 478 No Cty Util Dist-Renewal & Replace 6,732.54 1,397.44 479 No Cty Util Dist-Capital Facilities 7,954.60 887.91 491 Building Code Fund 2,795.00 34,767.20 505 Health Insurance Fund 276,641.53 3,889.66 505001 Property/Casualty Insurance Fund 1,075,519.18 0.00 611 Tourist Development Trust-Adv Fund 9,111.80 1,905.77 616 SLC-Cultural Affairs Council 1,855.00 0.00 625 Law Library 9,758.95 0.00 655 Insurance Agency Fund 109,350.00 0.00 801 Bank Fund 302,015.74 0.00 GRAND TOTAL: 5,378,691.12 1,211,488.48 ,r+"' ~ ~ ' ~ ~II AGENDA REQUEST ITEM NO. VI-~ ~ ; J ! DATE: ~ebrua~ry 10, 200~ i ~ i R~~ULAl~ [ ] ~ . ~ . ~ PUBLIC HEAIZING [ ] C~l~SENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ SUBNIITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-040 - Opposin~ Senate ~i~l 630, which, if passed, would prohibit St. L~.~cie County from imposing or collecting any Impact Fees for any puipose for a three year period from October 1, 2009, through September 30, 2012 in St. Lucie County, Florida. BACKGROLJND: Tiie Florida Associatian of Caunties has re~uested that this Board oppose Senate Bi11630, which, if passed, wo~l~i ' ; prohibit Counties from imposing or collecting any impact fees for any purpose for a three year period from October 1, 2009, throujh September 30, 2012. The attached Resolution No. 09-040 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-040 as drafted. ' COMMISSION ACTION: CONCURRENCE: : ' APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ~ Faye W. Outlaw, MPA , County Administrator Review and Approvals i! County Attorney: Management & Budget Purchasing : r)1'~ j',~; ~4~ f 1i';,;- Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 ' ~ ~ RESOLUTION NO. 09-040 A RESOLUTION OPPOSING SENATE BILL 630 WHICH, IF PASSED, WOULD PROHIBIT ST. LUCIE COUNTY FROM IMPOSING OR COLLECTING ANY IMPACT FEES FOR ANY PURPOSE FOR A THREE YEAR PERIOD FROM OCTOBER 1, 2009, THROUGH SEPTEMBER 30, 2012 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Senator Bennett has introduced Senate Bill 630 which, if passed, would prohibit St. Lucie County from imposing or collecting any impact fee for any purpose for a three year period from October 1, 2009, through September 30, 2012. 2. The St.• Lucie County Board of County Commissioners ' believes it is in the best interest of the citizens of St. Lucie County, and the County, to oppose Senate bill 630 for the following reasons: A. Restricting the imposition or collection of impact fees does not allow for a local government to ~ properly plan for its capital infrastructure needs that may be necessitated by new growth. B. SB 630 would shift millions of dollars of impacts ~ from new development to local taxpayers. ' ' C. SB 630 would provide little, if any, stimulus to ' the economy. D. SB 630 would create additional shortfalls for ' ~ infrastructure and schools. ~ I E. SB 630 would jeopardize future economic development activities due to the lack of school and road ' concurrency. F. SB 630 may possibly jeopardize repayment of ' existing capital projects that have already been I ~ ~ made by local governments such as jails, roads, ' schools, parks, and economic developrnent projects. , NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: ' 1. This Board does hereby oppose Senate Bill 630, which, if passed, would prohibit St. Lucie County from imposing or collecting any Impact Fees for any purpose from October 1, 2009, through September 30, 2012. 2. The reasons for opposing Senate Bill 630 are indicated in the above described Paragraphs 2A through 2F. 3. The County Administrator is hereby directed to forward a copy of this resolution to the members of the St. Lucie County Legislative Delegation. After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XX Vice-Chair Charles Grande XX Commissioner poug Coward XX Commissioner Chris Dzadovsky XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 10t'' day of February, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ' ST. LUCIE COUNTY, FLORIDA BY- DEPUTY CLERK CHAIR w . ' ~ APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ ' i AGENDA REQUEST ! ITEM NO. VI- C DATE: Feb. 10, 2009 ~ _ . : > . w~ , , i, ; ~ L" ~ ~ y I , " ``F REGULAR [ J ~ PUBLIC HEARING [ ] • ~ ~ ' CONSENT[x] ,_.A , . TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Second Amendment to Contract #C06-01-041 with Hennis Construction Co., Inc. for quarterly maintenance on the high security doors located at the Rock Road Correctional Facility. BACKGROUND: See attached memorandum FUNDS AVAIL: 107-1940-546000-100 (Jail Maintenance/Equipment Maintenance) PREVIOUS ACTION: On February 19, 2008 the Board approved the First Amendment to Contract #C06-01-041 with Hennis Construction Co., Inc. to exercise the first renewal option and extend the contract through February 18, 2009. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Second Amendment to Contract #C06-01-041 with Hennis Construction Co., Inc. for quarterly maintenance on the high security doors located at the Rock Road Correctional Facility. The Second Amendment will renew the contract for one (1) additional one-year term and extend the contract through February 18, 2010. Staff further recommends the Board authorize the Chair to sign the Amendment as prepared by the County Attorney. MISSION ACTION: CONCURRENCE: ~ APPROVED ( ] DENIED _ [ ] OTHER: ~,pproved 5-0 ' Faye W. Outlaw, MPA County Administrator Coordination/Si rf es Cour~tyAttomey: M t.$~ Eudget: ~urchasing Mgr.: Dan h Intyre C~'Jphnson rie Gouin Orig'inating De~f,: ` Other: Other: on McLam Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\AGENDA\AGENDA-325 HENNIS-JAIL hL dAINT. AM~TND TWO.DOC ~ ~ m~ ~ ~o-r...~ ~ ;.r"''~'' ` ` MEMORANDUM ~ , ~ , DEPARTMENT OF CENTRAL SERVICES TO: Board of County Commissioners istant Director FROM: Don McLam, Ass DATE: February 10, 2009 SUBJECT: Second Amendment to Contract #C06-01-041 with Hennis Construction Co., Inc. for quarterfy maintenance on the high security doors located at the Rock Road Correctional Facility. BACKGROUND: On December 21, 2005 one bid was received for Bid # 06-041- Quarterly maintenance of high security doors at the Rock Road Correctionaf Facility. On January 24, 2006 the Board awarded the contract to Hennis Construction Co., Inc., of Port St. Lucie, FL, and entered into contract (#C06-01-041) for two years with two (2) one-year options. On February 19, 2008 the Board approved the First Amendment to Contract #C06-01-041 with Hennis Construction Co., Inc. to exercise the first renewal option and extend the contract through February 18, 2009. Staff recommends the Board of County Commissioners approve a Second Amendment to ' Contract #C06-01-041 with Hennis Construction Co., Inc. to exercise the final option to renew the contract for one (1) additional one-year term and extend the contract through February 18, 2010. (Please see attachment) ATTACHMENi" C . ~ O ~ e ' ~ C06-01-041 ' SECOND AMENDMENT TO JANUARY 24, 2006 CONTRACT THIS SECOND AMENDMENT, is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and HENNIS CONSTRUCTION CO., INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on January 24, 2007 the parties entered into a contract for the Quarterly Maintenance of High Security Doors at the Rock Road Correctional Facility; and, WHEREAS, on February 19, 2008 the parties executed the first amendment to the contract exercising the first renewal option and extending the term through February 18, 2009; and, WHEREAS, the parties desire to further amend the Contract to exercise the second and final one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM This Contract shall commence on February 19, 2006 and shall remain in effect for a period of four (4) years ending on February 18, 2010. 2. 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. BOARD OF COUNTY COMMISSIONERS ' ATTEST: ST. LUCIE COUNTY, FLORIDA BY: ' DEPUTY CLERK CHAIRMAN ' APPROVED AS TO FORM AND CORRECTNESS i COUNTY ATTORNEY 1 ' i ~ C06-01-041 ~ WITNESSES: HENNIS CONSTRUCTION CO., INC. BY: Print Name: Title: 2 AGENDA REQUEST ITEM NO: VI-D1 ~ ~ - = DATE: February 10, 2009 • REGULAR: [ ] • • • • PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Permission to apply for a Summer Basketball Camp Grant and Swim Lessons Scholarships Grant . BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve grant applications to the Children's Services Council of St. Lucie County for a summer basketball camp at the Fenn Center and swim lessons scholarships grant, authorize acceptance of the funds, if approved, and authorize the Chair to sign the Grant Agreements. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED . [ ] OTHER Approved 5-0 ~l~ - , Faye W. Outlaw, MPA County Administrator Coordination/Siqnatures ' County Attorney: ~ Management & Budget:`"~ " Purchasing: Daniel clntyre Marie Gouin Desire~ Cimino ' Originating Dept: Finance: I~ f~' Other: Debra Brisson (Check copy/sign only if applicable) ~ Parks & Recreation Department ~ ~ - 2000 Virginia Avenue ~ Ft. Pierce, FL 34982 ' ~ ' ~ MEMORANDUM T0: Board of County Commission rs ' FROM: Debra Brisson, Director DATE: February 10, 2009 RE: Agenda Item VI-D4: Permission to apply for Summer Basketball Camp and Swim Lessons Scholarships Grants For the past several years, the Recreation Division has applied for grant funding to provide scholarships to children who attend the summer camps operated by the ' Division. On January 27th, the Division received permission to apply to the Children's Services Council of St. Lucie County for two camps at the Fenn Center and one at . Wesfinrood High School. This request is for a new/additional camp centered on basketball skills and league play and a second grant to provide scholarships for swim lessons. In order to submit the applications in a timely manner, Board approval is requested in order to begin the grant process. Staff is requesting $6,000 for the Basketball Camp, and if awarded, these funds will provide full or partial scholarships to 120 or more children, which is in addition to grant funding previously requested for 130 scholarship camp slots. Staff is also requesting $1440 for 40 swim lessons scholarships. Staff recommends that the Board of County Commissioners approve two additional grant applications to the Children's Services Council of St. Lucie County for a summer basketball camp at the Fenn Center and swim lesson scholarships, . authorize acceptance of the funds, if approved, and authorize the Chair to sign the Grant Agreements. DB: PR:bjh C: Faye W. Outlaw, MPA, County Administrator Lee Ann Lowery, Assistant County Administrator Chron File ~ ~ ~ ALCOHOL BEVERAGE PERMIT ~ ST. LUCIE COUNTY PARKS AND RECREATION DEPT. , . , . (This form is to be used in conjunction with the Facility Use Permrt j ~ ~~~~'~1~'~ ~~1~ representing _request a permit to consume and/or sell alcoholic beverages for orrsite consumption at~r~l~(--' ~ l~"\~~-7~''~'( , on 2 ~-C~~=1 Criteria for issuance of the permit 1. An applicant must be at least 21 years of age. 2. An applicant must possess a valid drive~s license or another form cf identification containing a current address. 3. Application for permit must be completed and delivered to the Parks and Recreation Department at least 15 days prior to the event. 4. User must present a General Liability Insurance policy certificate fodie date of use and a host liquor liability policy certificateeach in an amount not less than one million dollars ($1,000,000) when the facility use permit application is submitted. 5. In the event any user intends to sell alcoholic beverages, they are reqired to meet all state requirements regarding sale of alcohol and obtain all required permits. Copies of said permits shall be submitted with the facility use permit. 6. The user must pay the cost of security provided by the St. Lucie County Sherif#'s Office. The fee is payable directly to the Parks and Recreation Department at the time of payment for the facility use. Conditions of Permit 1. Person signing the permit must be present during the event. ' 2, Area of permit use will be confined to the area s~scified above. User shall be responsible for the behavior of any parties with the uset=s group. ' 3. User is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 4. Alcoholic beverages shall be sold/served o~y in conjunction with food sales. No alcohol will be served during the , last 30 minutes of the user-s event. 6. The user must abide by all other operational policies and procedures as set forth in the facility use permit. Any , violation of any of these rul~ can result in termination of the event. ' 7. User is not to state that St. Lucie County is a sponsor or participant in the event. By signing, I agree to abide by the laws of the State of Florida as they apply to the consumption of alcoholic beverages, any applicable St. Lucie County ordinances and the conditions of this permit as set out above. , , ~ ~C~~ ~ ~ ~ ' 1 _ ~~i-~- Sign~ature,~of Ap ~lica t n Date , ~ ; ~ , _ ~ ~ n ~ ~ ~n i' ~ G ~ ~ ! ~ ~ ~ I~~~ Recreatio Divis~on Signature Date State Permit eceived ' Date Insurance Certificates Received 10/02 i , 3~ Lui:ie County Parks & Recreation Department ' ReservaNon Request/ Facility Use Permit • • . • ~ ~~'1~'\l~~'ti ~ ~ .y-~ ~ ~ ti1~.~ ~t-~ Name of Group 11 ~ 1 ~ ~ ~ ~C-%~ ~ ~ , ~ ~ ~ Date: " . : . ~ t . . ' Address~'~ sl~~'~? 1~\`~ l`~~. ~ City: i ~ ~ (:t"" Zip: ` _ . APPlicant Name , Y,~l ~ ~k'~.~~~ ~~i~ ~ l ;~j~ Phone:~ t 7 =,'r? Facility/Park Requested ~`l~\~ j~~~' ~1 4~~ Y t Time: From z- ~ to (include set up & tear down) ~i ~ Date(s) requested ~ t " ~ ' Intended Use ~i'~1Y'~~. ~ 1-~~ No. of People Espected to Attend J Alcohol Sale or Consumption? ~~i : ~ ; ;Complete Alcohol Beverage Permit) ~ i.ist any speciat circumstances, services, and / or materials needed The following capaciry limits have been established: ndrio School House: 116 Walton Communiry Center: 130 Maravilla Pazk: 130 'acilities are intended to be used for recreational activities, not commercial ventures. The Pazks and Recreation Department reserves the right ~ refuse rental for commercial ventures, events exceeding capacity limits or those deemed not to be adequately supervised. The Deparhneat ~ay require security guard and/or uniformed officers depending on the event, at the renter's expense. A county employee ("Houseman") wi11 e present and will be paid for by the renter. No rental shall last beyond midnight. A penalty of $100/hour will be assessed after midnight, in ddition to Houseman fees. ? General Liability insurance in the amount of $1 Million per occurrence/$ lmillion in the aggregate is required. Non profit or~anizations ncluding familYR;rouusl can arranQe for this insurance throush the Recreation Deparm~ent. Insurance rates vary depending on the number of tendees at the event. An insurance certificate must be produced showing St. Lucie County Board of County Commissioners as an additional .sured. Products aze included but not medical payments. Consumption of alcoholic beverages requires additional insurance. If selling alcohol, 1 applicable State pemuts and an alcohol beverage permit must be obtained and submitted to the Parks and Recreation Department ~ All estunated fees and insurance documentation must be received no later than 2 weeks in advance of the rental. Failure to provide any one 'these will result in cancellation of the rental. Any difference between estimated and actual costs shall be paid at the end of the rental. of rental fees will be retained if cancella6on or rescheduling notificadon is not given at least 2 weeks prior to the rental period. Should any visible danger be observed by the Pemuttee or brought to his/her attenrion by those persons using the facilities under this pernut, id Pernuttee shall not use the facility and shall report the visible danger to the Recreation Division at 462-1521 between the hours of 8:00 V1 to 5:00 Pm Monday through Friday. Please DO NOT go on the fields if they have water on them, or if they aze muddy. At no time will anyone alter, damage or deface the rying fields, press box, concession stand, restroom or any part of the facilities under this pemut. Possession of permit is required while using faciliries or outdoor azeas. Failure to supply pemut when requested by Director or his designee :y result in removal from azea. Eaciliries or outdoor areas must be left in clean and adequate condition as determined by Director or his designee. A$100 deposit will be en the day of the renta] of any of the Community Centers and returned if the facility is left in clean and acceptable condition. If the ~reation Division must clean the area, the deposit will be kept to cover the cost to clean. Any unused funds will be refunded. I'he group or individuals to whom a pemrit is issued shall be liable for any loss, damage, negligence or injury sustained by other person(s) in ir party. AGENDA REQUEST ITEM NO: VI-D2 ~ ~ ~ ~ - - DATE: February 10, 2009 ~ REGULAR: [ ] • • • • PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Request for approval to serve alcohol at White City Park BACKGROUND: Michelle Spurlock is hosting a wedding and reception at White City Park on February 21, 2009. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, approval must be acquired from the Board of County Commissioners. FUNDS AVAILABLE: N/A ~ PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Michelle Spurlock's request to serve alcohol during her wedding/reception at White City Park on February 21, 2009. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER . Approved 5-0 • ~ ~ Faye W. Outlaw, MPA County Administrator Coordination/Sianatures ' a ~ County Attorney: Management & Budget:~_ Purchasing: ti~ , Daniel clntyre Marie Gouin D siree Cimino Originating Dept: Finance: IJ Other: ~ Debra Brisson (Check copy/sign only if applicable) 1 ' . Parks & Recreation Department ~ ~ ~ _ 2000 Virginia Avenue ~ Ft. Pierce, FL 34982 ' ' ' ' MEMORANDUM TO: Board of County Commissi ne s ~ ' FROM: Debra Brisson, Director DATE: February 10, 2009 RE: Agenda Item #VI-D2: Request for approval to serve alcohol at White City Park Michelle Spurlock has made a reservation and completed a Facility Use Permit to host a wedding/reception at White City Park on February 21, 2009. She has also submitted an Alcohol Beverage Permit seeking permission to serve alcohol to her guests and County Ordinance 1-15-23 requires approval by the Board of County Commissioners. The Board recently approved a new procedure to obtain permission to serve alcohol at other County facilities, however it did not include Parks & Recreation facilities. It is the intent of Parks & Recreation to seek approval from the Board of County Commissioners in the near future to institute a like procedure as it relates to serving alcohol at Parks and Recreation facilities. Staff recommends the Board of County Commissioners approve Mrs. Spurlock's request to serve alcohol at her event as stated above. DB:bjh ' C: Faye W. Outlaw, MPA, County Administrator Lee Ann Lowery, Assistant County Administrator Chron File ~ ' ITEM NO. VI-E ' ~ ~s DATE: Feb. 10, 2009 ~ AGENDA REQUEST ' . ~ ~ ¦r;~i„ REGULAR: ( ) PUBLIC HEARING: ( ) ~ CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Safetv Jack T. Southard Public Safety Director SUBJECT: Request to approve the agreement with Dave's Communications, a local sole source vendor, to prepare 800 MHz radio infrastructure, run fiber and phone lines from the new 800 MHz radio building to the new Emergency Operations Center in the amount of $72,852.00. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds are available through the following account: 107003-2120-546000-200 - 800 MHz Equipment Maintenance Funds PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the agreementwith Dave's Communications, a local sole source vendor, to prepare 800 MHz radio infrastructure, run fiber and phone lines from the new 800 MHz radio building to the new Emergency Operations Center in the amount of $72,852.00 and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: ~4PPROVED DENIED --C~ OTHER: Approved 5-0 Faye W. Outlaw, MPA , County Administrator Review and Approvals ' ' County Attorney: ~ management and Budqet- ~ ~ I~urc~hasing: ~ ~i~~~~[PaC+A ~~~Oa~u.nr ~ ~v ~lc~lisSG. ~m~.r~~r~ ~riginating De Other: Other: ~'~~ce z C~,~,,`~,, Jack~T Southard) Finance: Ch ck for copy only, if applicable: "'~'~t'~~ ~ " +z ~ss~~ ~~sm < Inter-Office Memorandum ~ Department of Public Safety , . • Division of 911 Communications T0: Board of County Commissioners FROM: )ack T. Southard, Direct SUBJECT: Dave's Communications Agreement Relocating the 800 MHz tower DATE: January 27, 2009 Dave's Communications, located in Ft. Pierce, is currently our local radio maintenance provider for our 800 MHz radio system. They are also an authorized Motorola dealer and maintenance provider. Our 800 MHz Public Safety radio system is a Motorola system that is proprietary to itself. Dave's Communications will be relocating certain equipment from our 800 MHz radio tower and all 911 dispatch equipment such as consoles, backbone, computers, and software from our current 911 Center to the new Emergency Operations Center/911 Center. Also, included will be the grounding of the radio ' tower building to Motorola standards and running fiber optics and phone lines from the radio building at the new EOC into the new EOC building itself. Much of ~ this equipment will need to be disassembled, relocated, reassembled, and tested. ' I~a~e ( 1 ~ ' CONTRACT ' THIS CONTRACT, made this day of , 2009, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and DAVES COMMUNICATIONS, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials #o be furnished and the Work to be done under this Contract. ' 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is: Relocate 800 MHz tower from old Emergency Operations Center on Rock Road to new Emergency Operations Center on Midway Road as set forth in the quotation dated December 18, 2008 (consisting of 05 pages), attached hereto and made a part hereof. Any conflict between the terms and conditions of the quotation and the terms and conditions of this Contract, shall be interpreted in favor of this Contract. 3. PROJECT MANAGER The Project Manager for the County is Greq Buntinq at (772) 462-1902. The Project Manager for the Contractor is Tonv Brown at (772) 466-9711. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work. 4. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the Work; and further guarantees the successful perFormance of the Work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor or its Surety from his or its obligations to do and complete the Work in accordance with this Contract. If the 1 1-~~e ~ ~ 1 ~ , Couniy deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the aiternative, if the ' expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 5. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work within seven (7) calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee completion of the Contract on or before June 1, 2009. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County author izes such payment in writing. As the Contractor's sole and exclusive remedy for delay, the County may grant an extension of the contract time, when a critical item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather (i.e., beyond the 10 year mean average) shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall only be done by Change Order. 6. DELAY DAMAGES It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the construction of the Work is not completed within the time herein specified the County will suffer damages, the amount of which is di~cult if not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of $100.00 per calendar day for each day , thereafter, Sundays and holidays included, that the Work remains uncompleted: This sum shall ' represent the liquidated damages which the County will have sustained per calendar day from , 2 . ~ 1-~~~ ~ ~ I S the inconvenience and expense caused to the County by the delay in the completion of the Work. This sum is not a penalty, being the liquidated damages the County will have sustained in ~ event of such default by the Contractor. The County reserves the right to additionally recover direct job site expenses incurred during the period of any delay. The Contractor shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Contractor abandons the Work. The liability of the Contractor and its surety or sureties for ' damages provided by this Article is joint and several. 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds being: $72,852.00 (seventy-two thousand eight hundred fifty-two and 00/100 dollars) 8. PAYMENT SCHEDULE The County shall make payments on account of the Contract as follows: Once each month progress payments shall be made during the process of construction in amounts not to exceed ninety percent (90%) of the amount due on the Contract on the basis of Work completed as certified by the Contractor and approved by the County's Project Manager. Contractor shall submit a payment application to the County's Project Manager by the 25th day of each month. The application shall be for the dollar amount of the Wock complete on the last day preceding the submission of the application. Payment to the Contractor shall be made within 20 business days of the County's receipt of the application or if appropriate, within 20 business days of the approval of the application by the County's consulting engineer or architect and the application is received by the County. The County may reject the application in writing which shall specify the deficiency and the action necessary to ' correct the deficiency. Payment shall be due 20 days after the County's receipt of a corrected ' application. Payment shall be due 20 days after the County's receipt of a corrected application, or if different, within such other period of time as defined by F.S. §218.735, as amended. All applications for payment submitted by the Contractor shall reference the County's Contract number. Upon completion of the Contract the Contractor shall submit evidence satisfactory to the County that all payroll material, bills, and other indebtedness incurred by the Contractor in , connection with the construction of the project have been paid in full. After the Work has been ' inspected and approved and after the Contractor t~as submitted satisfactory evidence of ' payment, the County's Project Manager shall promptly issue a final certificate. Final payment ' shall be due within 20 business days after the County's Project Manager issues the final ' certificate. ' The County shall pay the Contractor through payments issued by the County Finance I Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The ~ parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 3 ~ ~ 5 9. SUBCONTRACTORS ' in the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall ' secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 10. AUDIT ' The Contractor agrees that the County or any of its duly authorized representatives ' shall, until the expiration of three years after expenditure of funds under this Contract, have ' access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the , Contractor in conjunction with this Contract. ' 12. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction ' of the County any defects in workmanship or material appearing in the work within one year . ' after the day of the certificate for final perFormance of the work for the service intended. Contractor further guarantees the successful perFormance of the work for the service intended. ' Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this ' contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 13. CONTRACTOR RESPONSIBIUTY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that ! of an independent contractor, befinreen the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor ' shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work ' 4 . J ~cz5~ 5 ~ ~ ~ ; ' is done is different from what was assumed or expected, or because of bad weather, or ' because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, has ' conducted a sufficient investigation of the surface and sub-surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its ernployees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its ernployees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 14. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"}, free , and harmless at all times from and against any and all claims, liability, expenses, losses, costs, ' fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury ' (including death) incurred or sustained by any party hereto, or of any party acquiring any , interest hereunder, any agent or employee of any party hereto or of any party acquiring an I interest hereunder, and any third or other patty whomsoever, or any govemmental agency, ~I arising out of or in incident to or in connection with Contractor's perFormance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. 5 . ~ e ~ ~ 1~ 5 Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability ' resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving ' Contractor's activities to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. . 15. INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not in conformity with th~ Contract provisions. Rejected Work will be immediately corrected by the Contractor. When the Work is substantially completed, the Contractor shall notify the County in writing that the Work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 16. INSURANCE Commercial General Liabilitv: The Contractor shall maintain and, prior to commencement of this contract, provide the I County with evidence of commercial general liability insurance to include: 1) for limits of not less than $1,000,000 per occurrence; and 2) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will ' be given a thirty (30) day written notice of cancellation or non-renewal and include ' County as an additional insured. Business Automobile Liability: The Contr.actor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a ' thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. ' Workers' Compensation and Emplovers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the ~II' County with evidence of workers ' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewaL 6 . 1-C~. ~ ~ ~ o-~ l ~ I 17. DEFAULT: TERMINATION ~ A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper ' manner, the County shall have the right, but not the obligation, to terminate this Contract by ' giving written notice of any deficiency and by allowing the party in default seven (7) calendar ' days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. ' With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem , expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in ~ cornpleting the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shalt ' be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by , the Contractor and shall not expire until the expiration of the prescribed time period measured ! from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses 7 Q ~Q ~ ~ ~ ~ . I II of any kind other than as provided in this Agreement in connection with such termination, and ' does expressly waive, in the event of termination, any and all claims for consequential ' damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. , B. WITHOUT CAUSE ' The County may terminate the Contract without cause at any time upon thirly (30) calendar days prior written notice to the Contractor. Upon such termination, the Contractor waives any claims for damages from the termination without cause, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, ' the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County's ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number finro bidder under the original bid; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the.original Contract amount incurred by the County in completion of the project, in addition to liquidated damages, construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. 18. NON DISCRIMINATION ' Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 19. VERIFICATION OF EMPLOYMENT STATUS ' The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("WA"). The Count shall consider the employment by the ' Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. ' 20. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect ~ to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: ' 8 ' . ~ ~ 1~ a) Is not available within a reasonable period of time; or b) Fails to meet the performance standards set forth in the applicable specifications ' or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products ' were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 21. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (2007) and as may be amended from time to time. 22. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. ' 23. ASSIGNMENT . The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Contractor shall not have the right to assign any or all of its rights and ' interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its ' assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between ' themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without ' County's prior written consent shall be deemed a default subject to the remedies provided herein. ~ 24. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand ' delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: ' St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 2300 Virginia Avenue 2300 Virginia Avenue ' Ft. Pierce, FL 34982 Ft. Pierce, FL 34982 9 ~ c iC~~ i~`' 5 As To Contractor: ' Daves Communications, Inc. ' 2530 Okeechobee Road ~ Ft. Pierce, Florida 34947 Phone: (772) 466-9711 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the ' notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. , 25. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 26. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 27. DISPUTE RESOLUTION ' Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the pa?t of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the ~I work and maintain its progress schedule in accordance with the requirements of the Contract i and the determination of the County or its representatives, pending a final resolution of the ' dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final ' and conclusive unless determined by a court of competent jurisdiction to be fraudulent, ' 10 ' . 1~~ e << d-~ l 5 5 ~ I' ~ capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported I by substantial evidence. 28. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the ' disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a ' mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 29. ANTITRUST ASSIGNMENT The Contractor and the County and the State of Florida recognize that in actual econom ic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida and local governments. Therefore, the Contractor assigns to the State of Florida and the County any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 30. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the ' subject matter hereof and supersedes all prior verbal or written agreements befinreen the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: ' CLERK CHAIRMAN ' APPROVED AS TO FORM AND CORRECTNESS: ' COUNTY ATTORNEY ' . 7~ ~ ~ o~, 1 ~ ! 5 . , WITNESSES: DAVES COMMUNICATIONS, INC. BY: Print Name: Title: ' ; 12 ~ ~ ~ ~~e ~j ~ . ' DAVES COMMUNICATIONS, INC. ~ ~ ~ 2530 OKEECHOBEE ROAD ' FT. PIERCE, FL 34947 Quote Number. 173 , Quote Date: Dec 18, 2008 Page: 1 Voice: 772-464-9711 ' Fax: 772-489-6438 Quoted To: ST.LUCIE COUNTY PUBLIC SAFETY 101 N. ROCK ROAD FORT PIERCE, FL 34945-3438 ST.LUCIE Customer ID Good Thru ~ P~ayment Terms`~ n '°Sales'Rep~W, .r,-., .~z-•~av~.t..,.~~.Y 4621736 1/17/09 Net 1 Day TONY Quantity Item Descnptionr ~ Unit Price, , Am,ount F. x s ~ 1.00 RELOCATION OF DISPATCH CENTER ~ 32,800.00 32,800.00 FLAT RATE LABOR ONLY ( SEE AITACHED ) ' 1.00 MATERIAL ASSOCIATED WITH 30,102.00 30,102.00 DISPATCH CENTER MOVE ( SEE ATTACHED ) 1.00 TOWER CREW TO INSTALL 4 VERTICAL 2,400.00 2,400.00 ANTENNAS AND 10 YAGI ANTENNAS ON 120' TOWER 1.00 PROVIDENETCLOCKFROM 7,550.00 7,550.00 SPECTRACOM Daves Communications will disassemble, load equipment onto county provided vehicles and reassemble at new location. Subtotal 72,852.00 Sales Tax TOTAL : 72 852 00`. 'z. : . _:_.=-_4._>, _ . - e ~ ~ ) 5 ~ ~ . ~ Twr & Bldg ITEM QTY Cost Ea Sub Ttl I Internals Groundin I • #2 wire 150' 1.05 157.50 I #6 wire 250 0.55 137.50 ' Ground Buss 2 ea 70.00 ' 140.00 #6 to #2 split boits 15 4.85 72.75 #6 Split Bolts 50 3.45 192.50 Rack Lu s 125 0.80 100.00 ' Buss Lu s 15 2.05 30.75 ' Misc. hardware, pl ood, paint, etc. 1 1500.00 1500.00 ' 2331.00 Tower Ground buss 1 85.00 85.00 #2 tinned Solid 20 3.00 60.00 CadWeld or lu s 4 10.00 40.00 Cable Ground Kits 8 42.00 336.00 Pol Phaser Sur e Suprs 10 75.00 750.00 1271.00 Equipment Racks 6 425.00 2550.00 Channel Banks 2 2600.00 5200.00 Fiber to T1 drivers 4 600.00 2400.00 Electrical Outlet strips 18 50.00 900.00 HF eqp, TnRmtAdptrs 4200.00 , Fiber-48 strands 700' 4.00 2800.00 ' Fiber termination panels 4 75.00 300.00 ' 100 Pr UG telco 800' 1.50 1200.00 "Reliable" telco protectors 8 $100 800.00 Misc. tiardware, pl ood, paint, etc. 1 1500.00 1500.00 21,850.00 Tower Crew 3000.00 ' 911 ' Ground Wire 1500' $0.25 375.00 Split Bolts and lu s 100 $2.00 $200.00 All Thread, nuts, & washers 20 10.00 200.00 ' Spectracom Ctock 1 7550.00 $7550.00 $8125 ~ Operations Room Ground Wire 1500' $0.25 375.00 S lit Bolts and lu s 100 $2.00 $200.00 $575.00 ~ - ~ - I~ I a~e 1 ~ ~,-F ~ ~I . ~ Telco Frame Rm • Back board, roundin , etc. 1 500.00 500.00 500.00 ; ~ Materials cost total $37,652.00 Labor cost total $35,200.00 Move total, radio (less uWave) $72,852.00 , ~f AGENDA REQUEST ITEM NO. VI-F~ ' ~ z~~ ~ , ~.,4v;~ DATE: February 10, 2009 9 ~ : , ~ REGULAR , ~ ~ ~ ~ ~ PUBLIC HEARING ~ , : ~ , ~ v . ~ n~~ , : CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recoverv PRESENTED BY: Roberta Breene, Grants/ Resource Developer SU BJ ECT: Authorization of the acceptance of a grant award from the South Florida Water Management District (SFWMD) in the amount of $574,600 toward the costs associated with acquiring specific parcels associated with the Harbor Branch project and approval of the related Budget Resolution No.09-044. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: This grant requires a 1:1 match. The County's Harbor Branch Preserve Grant Account 317201-3920-561000-3120 would be reduced by $574,600. ' PREVIOUS ACTION: On September 18, 2007, the St. Lucie County Board of County Commissioners , approved the submittal of the subject funding application. RECOMMENDATION: Staff recommends Board acceptance of a grant award from the South Florida Water Management District (SFWMD) in the amount of $574,600 toward the costs associated with acquiring specific parcels associated with the Harbor ' Branch project and approval of the related Budget Resolution No.09-044. ' COMMISSION ACTION: CONCURRENCE: ~APPROVED DENIED OTHER: Approved 5-0 ~ Faye W. Outlaw, MPA County Administrator Review and A rov s County Attorney: Management B Purchasing: ' Daniel Mclntyre Marie Gouin Robert O'Sullivan I j Originating Dept: Gry_~ Other: Other: I', William Hoeffner y A ' Roberta Breene Finance: (Check for Copy only, if applicable ~'"`r",~ ST. LUCI E COU NTY ~ ~ GRANTS / DISASTER RECOVERY ~ • • ~ • DEPARTMENT MEMORANDUM To : Board of County Commissioners From : Roberta Breene, Grants/Resource Developer ~'ir-~.' Date : February 10, 2009 - Consent Agenda Item VI-F-1 Subject: Background Information Grant Acceptance - South Florida Water Management District Funding award for assistance with the Harbor Branch acquisition project The project involves the acquisition of two parcels of land totaling 42 acres (Attachment l, Parcels E and F) as part of the Harbor Branch acquisition project. The 165+/- acres of land contain a large wetland that was separated from the Indian River Lagoon in the 1960's for mosquito control purposes. The specific parcels to be acquired are located between two other parcels (known as the Coconut Cove and Harbor Branch parcels) and are critically needed to adequately manage the large wetland that extends from the northern end of the Coconut Co~e parcels to the southern end of the Harbor Branch parcel. ; Following acquisition, the wetland will be restored and reconnected to the Lagoon. This is the last wetland of significant size in St. Lucie County that has not been reconnected to the Lagoon. Restoration and re- connection would also substantially reduce the environmental impacts of mosquito spraying and would restore ' the beneficial filtering furiction of the wetland to the Lagoon. Recommendation Staff recommends Board acceptance of a grant award from the South Florida Water Management District in the amount of $574,600 toward the costs associated with acquiring specific parcels associated with the Harbor Branch project and approval of the related Budget Resolution No. 09-044 (Attachment 2). ~ Attachment 1 Harbor Branch Propnsed Funding ppr¢~sCmFdtGTIra~Oaruemabn~zmenl ~~~~r ~ O ItrQls b he A~Uretl wl n FCT, 118i WB, atl ~L FvWlry G~~ ii n.~~~5 i~~F nFt~Ail?- ~ISbGeN~UREVA~FIortlaFaeierFVtls ! ~ • Paroels Cormnlle d Through Conserva[ion EasemeM Y~ry . ~Y ¦i 1405-210-0000-0001 _ ~ tt~~~* Q 25.9aa-es . s~ r~~l~P~ ~r`, t Owned by Caaonut Co+,e ` ~ ~ ~ j ; •b B. 1405-230-D000-Od03 ' 9.6 aores 'A. r_ Owned hy Cooonut Cor~e ~I~ ` t t n,. i' ~ 7t~'t~z~~:t] C. 1405-100-OOOD-0003 a ~ ~ 19.3acres r. „ i i I;1,~~ , ~ Owned by. Caconvt Cote l~ ~ - ~ rr 4~ ~~I,~ C~, G~~ 1~~~ ~;1 D. 1 b~8 a me D000-0002 - ~ . , - - a~~; ~ M~, Owned by Coconut Co+,e '3'"~r~ f'~ ~ , i i~~~~ Paroelsta be Acquired Wilh FCT, ~ I ~}lia~ USFWS,and ESLFunding. ~i~~li~t~, ~ ~ ~~"y q k ' E. 1405-423-0000-0005 - ~ ~j ~~t ~ I R;~ , 19.?aaes k ~ ~ Q Owned by Dennis yi~.~~ i~~I ~ a.. s ~ T~ Y~`'~ ~~i ~ i F. 1405-432-OODO-OOD3 ~ ~ 4t ~ ; ~ ~~I~t ~ v sa mM ~ 9 hI',~ ! E N. 22.8 aa~es ^ p ~ ~ Owned by Riverside ~ 5 . ~ W ;~Y~f ~ ~Y, ~ "'~''y~t ~~'y~ ~z ~ ~ 1405-330-OD01-0007 ~ ' { ~ ~I ~ 3 ~ i+ ' Y ~~~~E ~ ~ ~ il~ ~ ~ I ; ° ~ 222,58 acres ~ ' it~w , Ownedby:HarborBranch + , q i' ~ t ~ " t i ~~9 I 'P H. 14D8-312-OOD5-OODS - i',' ~ , I , 2,5 aores ~t r,~ ,~t~'I c,~:'`, Owned by: Harbor Branch ' ~ , _ , ~ ~ ` , J ~ M • I. 1408-312-OD040001 y . ~ ' 8.9 aares q~;;~ J, Owned by Harbar Branoh ~ :z . ~ ti`~ ' J. 1408•701-0047-000$ 7D acres Dwned by: Harbor Branch i ~ ~fi ~ ~ ~ . ' ' r.~ " Paroels ta 6e Acquired WiN ~ ~ r'~ _ ~ ~ _ ~ FloridaForeuerFunds. ~ , ~ , . . R y~, k~ i, K. 1408-411-0002-OU01 " `s ' . - 55.2 aaes ~Y'~ ;a R~` ~~k g~" _ Owned by Harbor Branch ~ '"A'°'' . -x L. 14D8-431-D003-0000 6.2 acres ~I ~a _ Owned by Harbor Branch t~A. 1408-433-OOOD-0005 15.3 acres i t: ^ ~a ~ _ ~'s Owned by Harbor Branch ~ ~ ~F~ ~a r~y~~` ~ :t31'. 4;1.~.~ 3:~f~.- ~ ~ y,Y~~.~ y t - . ~ . , . ~,~•i l.. ~ _ ~I',~v+"'' 4 ~ `~~~y ' ^L~ ~ ` ~ . . . . '+,wY _ I~'f :r' y~i.. d ~ fa - ~ -4: . ~ y~ _ ° ~v- ~~Y + .ra.~ i Y~ ;i 'ti . y , e f ~ ' . p - ~ ."i • ti. . ~ ~.`.~i°'.i~'~M. ".y~g~:~ .,I°. ~ y',-~. ( f + ~ ~ 1.,.=n ~ r. V ~3~ .e,. ~ ~ ~ y r S r ~ ~ .:.trt-."~vaz - ~ ~ ~T ~ ~ ~ - ~ r. ~ ~~~i ; ; , ~ ; , _ i • ~ ~T ~ ~ . r~~~° ~ ` R4' ' ~ ' ~ I "~j*` y Te:~ M - r, ~ - ~ y ~ t RESOLUTION NO. 09-044 ~~A~NM a ' WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the South Florida Water Management District (SFWMD) Issues Team Grant in the amount of $574,600, to be used towards the acquisition land for the Harbor Branch Preserve. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of February, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 317808-3920.-337310-3120 South FI Water Mgmt. District $574,600 APPROPRIATIONS 317808-3920-561000-3120 Land $574,600 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner poug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 10TH DAY OF FEBRUARY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ ~ AGENDA REQUEST ~ ITEM NO. VI - G ~ ! ~ - ' ~ DATE: February 10, 2009 i ' ~ . ~ , REGULAR [ ] , PUBLIC HEARING [ ] CONSENT [ X ] IQ: Board of County Commissioners PRESENTED BY: SUBMIITED BY (DEPT~: Public Works - ~~`0~' Donald B. West, ublic Works Director ~UB7ECT: Approval of Local Governmental Agreement #4600001575 with South Florida Water Management District (SFWMD) in the amount of $1,000,000 and Resolution #09-033. Local match of $1,000,000 (50%) for Paradise Park Storm Water Improvements - Phase 3, estimated total project cost of $2,000,000. . BACKGROUND: See attached memo. FUNDS AVAILABLE: $350,000 of required county match is available in 102001-3725-563000-42511 Drainage Maintenance MSTU - Stormwater Management. The CouMy will utilize services from Road & Bridge Department to cover the remaining $650,000 of County match for this grant. PREVIOUS ACTION: 02/12/2008 - Board approval of Local Governmerrtai Agreement #4600001221 with South Fiorida Water Management District in the amount of $500,000 (50%) for Paradise Park Storm Water Improvements - Phase 2. 05/10/2005 - Board approved Local Governmental Agreement #OT050699 with South Florida Water Management District, to accept the funding of $224,596 for Paradise Park Storm Water Improvement Project. 07/26/2005 - Board approved Budget Resolution No. 05-275 to accept Local Governmental Agreement #OT050699 with South Florida Water Management District, to accept the funding of $224,596 for Paradise Park Storm Water Improvement Project. 10/20/2005 - Board approved Work Authorization No. 1 with PBS&J, in the amount of $208,411.45 for Paradise Park Subdivision Stormwater ' Improvements Phase II. ' 10/10/2006 - Board approved Work Authorization No. 2 with Creech Engineers, ' inc. in the amount of $183,400.00 for Paradise Park Subdivision Stormwater , Improvements Phase IIL , 11/06/2006 - Board approved Amendment No. 1 to Work Authorization No. 2 ' with Creech Engineers, Inc. in the amount of $96,420.00 for the redesign of ' Paradise Park Subdivision Stormwater Improvements Phase 3, a time extension through December 31, 2009. 08/28/2007 - Board approved submittal of grant application to SFWMD, St. Lucie River Issues Team 08/09 funding for Phase 3 construction of Paradise Park Stormwater Improvements. Page 1 of 4 p ~ 12/04/2007 - Board approved first amendment to Work Authorization #1 with PBS&J for a time extension through August 31, 2009 for Paradise Park Stormwater Improvements Phase II. RECOMMENDATION: Public Works staff is requesting Board approval of Local Governmental Agreement with South ~lorida Water Management District (SFWMD) in the amount of $1,000,000.00 for Paradise Park Storm Water Improvements - Phase 3, and Resolution #09-033, and signature by Chair. COMMISSION ACTION: CONCURRENCE: " ~ APPROVED [ ] DENIED [ ] OTHER: ----~1 ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Si agn tures V [X] County Attorney: [X] Management & Budget/Purchasing: : Daniel McIntyre `"~6~~~'` ` ~ ~ ~ n~~ [X] Originating Dept-Public Wor~: [X] Copy to Finance 8~ onal B. West Shai Frances Page 2 of 4 . w"~, ~,s~, ~ , • ~"'",~.:f_ _ ; • PUBLIC WORKS DEPARTMENT ADMINISTRATION • • s • _ _ .~..i~ MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: February 10, 2009 RE: SFlNMD Agreement #4600001575 - Paradise Park Phase 3 BACKGROUND: Paradise Park Subdivision consists of approximately 168 acres located on North 15`h, 17~', 19tn 21S` and 23`d Streets between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed in the 1960's before State water quality regulations were developed, and has poor storm water ' conveyances and tack of storm water treatment. During rain events, the storm water outfalls directly into the two canals, both of which , discharge into the Indian River Lagoon by means of Taylor Creek, approximately one-quarter mile away. Water quality of the runoff from this area is poor and contains debris, ' sediment and contaminants such as oil, grease, fertilizers and pesticides. Those contaminants are being deposited into St Lucie County's natural surface water bodies, most notably the Indian River Lagoon which is already undergoing major dredging to remove all of ' the above contaminants and silt deposits. These pollutants have ' been determined to be detrimental to the health of the areas natural ' resources including the Lagoon. Project improvements will include drainage swales along the II subdivision streets for pretreatment and conveyance to storm water ' detention and treatment facilities. Storm water runoff treatment ' faciGties will include dry detention ponds and control structures for discharge of treated runoff to the C-25 and Ft. Pierce Canals. The ' proposed sto~rn water conveyances and treatment areas will dramatically reduce outfall of fresh water and storm water pollutants ' from Paradise Park into the Indian River Lagoon. ' Phase 1 of this project was completed in May 2007. Phase 2 is ' presently under construction with an estimated completion in 2009. I This grant allocation of $1,000,000 will assist with construction ' expenses associated with construction of the storm water conveyance and treatment systems. St. Lucie County's cost share is $1,000,000 totaling $2,000,000 toward the total project costs for Phase 3 of the Paradise Park retrofit Page 3 of 4 ' RECOMMENDATION: Pubiic Works staff is requesting Board approvai of Local Govemmental Agreement with South Florida Water Management Disdict (SFWMD) in the amount of $1,000,000.00 for Paradise Park Storm Water Improvements - Phase 3, and Resolution #09-033, and signature by Chair. Page 4 of 4 RESOLUTION NO. 09-033 A RESOLUTION ACCEPTING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT 4600001575) FOR PARADISE PARK STORMWATER IMPROVEMENTS, PHASE 3-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 South Florida Water Management District has awarded the County funding for Paradise Park Stormwater Improvements, Phase 3 ' (#4600001575). ' 2. The Board should authorize and approve the execution of the ' Local Governmental Agreement with the South Florida Water Management District 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 Local Governmental Agreement with the South Florida Water Management District (#4600001575) for Paradise Park Stormwater Improvements, Phase 3. 2. The Board hereby authorizes and Chair to execute the above- ' referenced agreement and further authorizes the County Attorney to execute ' the agreement by approving it as to form and correctness. ' , I After motion and second, the vote on Resolution 08-056 was as follows: Chair Paula Lewis Vice-Chair Charles Grande Commissioner poug 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 CORRECTN ESS: COUNTY ATTORNEY ~ ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT ' LOCAL GOVERNMENTAL AGREEMENT ' AGREEMENT NO. 4600001575 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT is entered into as of the by ' and between the South Florida Water Management District (DISTRICT) and St Lucie County Board of County Commissioners (COUNTY). ' WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, ' Florida Statutes, to include entering into contracts with public agencies, private corporations or ' other persons; and ' WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for the Paradise Park Storm Water Improvements Phase III; and WHEREAS, the COUNTY warrants and represents that it has no obligation or ' indebtedness that would impair its ability to fulfill the terms and conditions of this ' AGREEMENT; and ' WHEREAS, the Governing Board of the DISTRICT, at its December 11, 2008 meeting, ' approved entering into this AGREEMENT with the COUNTY; ' NOW, THEREFORE, in consideration of the covenants and representations set forth ' herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: ' 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the ' work set forth in Exhibit "A" attached hereto and made a part hereof, subject to ' availability of funds and in accordance with their respective authorities for the project in ' support of the Paradise Park Storm Water Improvements Phase III. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of two (2) years. Agreement No. 4600001575- Page 1 of 7 ~ t 3. The total DISTRICT contribution shall not exceed the amount of One Million Dollars • ' and No Cents ($1,000,000.00). The DISTRICT will provide the full amount based on ' the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $1,000,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds - expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of One Million Dollars and No Cents ($1,000,000.00) in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this Agreement No. 4600001575- Page 2 of 7 . AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the ' COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the ' COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless ' - from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be ' construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida ar its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of ' Florida beyond the waiver provided in Section 768.28, Florida Statutes. ' 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to ' establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during ar after the term of this AGREEMENT. The parties to this AGREEMENT shall not ' assign, delegate or otherwise transfer their rights and obligations as set forth in this ' AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the ' grounds of race, color, creed, national origin, handicap, age or sex, from participation in, ' denied the benefits of, or be otherwise subjected to discrimination in any activity under ' this AGREEMENT. ' 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable ' federal, state and local laws and regulations relating to the performance of this ' AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but ' will attempt to advise the COUNTY, upon request, as to any such laws of which it has ' present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the ' Agreement No. 4600001575- Page 3 of 7 termination date shall be returned ~to the DISTRICT within sixty (60) days of • termination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COIJNTY shall similazly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Le a~putes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph # 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable. - (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement. (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations. Agreement No. 4600001575- Page 4 of 7 • (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year. B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal ' awarding agency shall have the right to examine the COUNTY's financial and non- financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT sha11 be in writing and ' forwarded to the attention of the following individuals: South Florida Water Management District St Lucie County Board of County Commissioners Attn: Kathy LaMartina, Project Manager Attn: Mike Powley, Project Mgr Telephone No. (772) 223-2600 ext 3603 Telephone No. (772) 462-1667 Attn: Patrick Wiener, Contract Specialist Address: ' Telephone No. (561) 682-6220 St Lucie County BOCC ' 2300 Virginia Ave ' Address: Ft Pierce Fl 34982 ' P.O. Box 24680 ' 3301 Gun Club Road West Palm Beach, FL 33416-4680 19. COUNTY recognizes that any representations, statements or negotiations made by ' DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship ' unless they have been reduced to writing and signed by an authorized DISTRICT I representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any ' amendments to this AGREEMENT, if required. ' 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the ' State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and ' remedies which the respective parties would otherwise have, under law or at equity. ' 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, COUNTY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the Agreement No. 4600001575- Page 5 of 7 AGREEMENT shall remain operable, enforceable and in full force and effect to the extent • permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver sha11 be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. ~ 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1- 24 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference. Agreement No. 4600001575- Page 6 of 7 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT ' DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Director of Procurement SFWMD Procurement • ~ ~d~k/ R., • Date: ' 30 - 02008 ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Title ' I I Agreement No. 4600001575- Page 7 of 7 EXHIBIT "A" STATEMENT OF WORK , Paradise Park Stormwater Improvements - Phase 3 ' 1. INTRODUCTION Paradise Park Subdivision consists of approximately 168 acres located on North 15th, 17th 19th, 21 and 23 Streets between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed in the 1960's before State water ' quality regulations were developed, and has poor storm water conveyances and lack of storm water treatment. During rain events, the storm water outfalls directly into the two canals, both of which discharge into the Indian River Lagoon by means of Taylor Creek, approximately one- quarter mile away. Water quality of the runoff from this area is poor and contains debris, sediment and contaminants such as oil, grease, fertilizers and pesticides, which are being deposited into St Lucie County's natural surface water bodies, most notably the Indian River Lagoon which is already undergoing major dredging to remove all of the above contaminants and silt deposits. These pollutants have been determined to be detrimental to the health of the areas natural resources including the Lagoon. ' This grant request is for $1,000,000 to assist with construction expenses associated with Phase 3 storm water conveyance and treatment systems in the Paradise Park. St. Lucie County's cost share is $1,000,000 for a total project cost of $2,000,000. These improvements will include drainage swales along the subdivision streets for pretreatment and conveyance to storm water detention and treatment facilities. Storm water runoff treatment facilities will include dry detention ponds and control structures for discharge of treated runoff to the C-25 and Ft. Pierce Canals. The proposed storm water conveyances and treatment areas will dramatically reduce outfall of fresh water and storm water pollutants from Paradise Park into the Indian River Lagoon. 2. OBJECTIVES The primary purpose of the project is surface water restoration, to reduce fresh water and storm water pollutants outfall to the Indian River Lagoon. The project will reduce fresh & storm water runoff from Paradise Park subdivision into the SFWMD Canal 25 and FPFWD Canal 1. Detention ponds and swales are to be constructed within the Paradise Park subdivision to additionally treat the outfall. The need for this project is identified in the Indian River Lagoon National Estuary Program's Comprehensive Conservation and Management Plan, the Department of Environmental Protection Surface Water Improvement and Management Plan, and the Comprehensive Everglades Restoration Plan, St Lucie County Storm Water Master Plan, St. Lucie County Five Year Capita( Plan and St. Lucie County Local Mitigation Strategy. There are five phases to this project. Construction of Phase 1 was completed Spring 2007. Phase 2 construction will be completed in Summer 2009. Agreement No, 4600001575 Page 1 of 3 3. SCOPE OF WORK The total Paradise Park project is comprised of five construction phases. The goal of this ' project is to construct Phase 3, for which design has been approximately 90% completed. Construction items in this phase will include drainage swales along the subdivision's streets for pretreatment and conveyance of water to storm water detention ' ponds, and associated hydraulic control structures and control structures for discharge of treated runoff to the C-25 and Ft. Pierce canals. ' 4. WORK BREAKDOWN SCHEDULE Task 1. Quarterlv Pro4ress Reaorts The County shall submit quarterly progress reports starting three months after contract ' execution and continuing to project completion. Deliverable: One (1) copy of a progress report detailing progress relative to percent complete and percent invoiced on a quarterly basis throughout the duration of the contract. Task 2. Permittina The County shall obtain necessary permits for Phase 3 construction. Deliverable: One (1) copy of a Progress Report detailing project progress relative to percent complete and percent invoiced and one (1) copy of all permits required for , construction within six (6) months of permit approval. Task 3. Construction The County shall use qualified county crews, to complete Phase 3 construction. Deliverable: One (1) copy of a progress report detailing progress relative to percent complete and percent invoiced on a quarterly basis throughout the duration of the ' contract. ' Task 4. Final Insaection ' The County shall complete 100% the construction project and make a final inspection of the project. Deliverable: One (1) Engineer's Certification of Completion and photographs of completed project by twenty-four (24) months of contract execution. ' Agreement No, 4600001575 Page 2 of 3 "EXHIBIT B" PAYMENT AND DELIVERY SCHEDULE If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The County shalt invoice the District following submission of each deliverable in the amounts indicated below. The County shall6e responsible for submitting Quarterly Reports starting after the first quarter following contract execution. The County shall be responsible for all aspects of managing and completing the project and described in Exhibit A. Payment of invoices is contingent upon the partnering agency providing documentation with each invoice of a minimum 50% cost share and the deliverables as described in the Payment and Deliverable Schedule. TASK DELIVERABLE SCHEDULE DISTRICT (time from PAYMENT contract execution Task 1. Quarterly One (1) copy of Every three months $0 Progress Reports progress report starting from - every quarter contraction throughout the execution duration of the contract. Task 2. Permitting One (1) copy of 6 month $0 construction permits and one (1) copy of ro ress re orts. ; Task 3. One (1) copy of 24 months $990,000.00 Construction progress report every quarter throughout the duration of the contract. Task 4. Final One (1) Engineers 24 months $10,000.00 . Inspection Certification of Com letion Total District $1,000,000.00 ; Payment Agreement No, 4600001575 Page 3 of 3 AGENDA REQUEST ITEM NO. H ~ ~ t..~ ~ ~ DATE: February 10, 2009 ~ ~ „ E:u ~ . ~ ~ ~ ~ ~y ~ ~ '~a~~ ~ ' REGULAR ~ , . . PUBLIC HEARING ~ j ~ CONSENT [X] ' TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Supervisor of Elections Gertrude Walker, ' Supervisor of Elections ' SUBJECT: Please see attached copy of the Federal Election Activities agreement. BACKGROUND: N/A FUNDS AVAILABLE: N/A I PREVIOUS ACTION: N/A ' RECOMMENDATION: Staff recommends Board approval of Budget Amendment in the amount of , $42,403.83 in order to accommodate the Federal Etection Activities fund. , i COMMISSION ACTION: CONCURRENCE: 'i ~I ,~APPROVED 0 DENIED ~ ~ ~ OTHER: Approved 5-0 Faye W. Outlaw, MPA I County Administrator 'I i 'I I ,i ~ Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Dept: Other: Other. Finance: (Check for Copy only, if applicable) Effective: 5/96 ~}6~~Jn~jC}~ ~ J~,~y OF ST, ~GC ' ~ lr~~~fr~~ ~ Y P irQ.~l~i.G i. O i : * ~ ' Supervisor of Elections ; ~ o ? St, Lucie County F i ~~'SOS oF E~~`~ ; 4132 Okeechobee Road • Fort Pierce, FL 34947-5412 m(772) 462-1500 • Fax (772) 462-1439 ,rr / i TO: Board of County Co issioners , _ ~ FROM: Gertrude Wa ~e ~~`.e-~o~ r of Elections t ~ . DATE: January 30, 2009 , RE: Budget Amendment to include Federal Funds I ~ ~ St. Lucie County Supervisor of Elections has received a warrant in the amount of $42,403.83 from the Florida Department of State to assist in expenses of federal elections. I am asking the Board of County Commissioners to approue ~mending rny budget for 2008 - 2009 in order to cover expeuditures made from The Federal Election Activities monies. 1 250 N.W. Country Club Drive • Port St. Lucie, Fiorida 34986 •(772) 871-5410 • Fax (772) 871-5323 1664 S.E. Walton Road • Porf St. Lucie, Florida 34952 •(772) 337-5623 • Fax (772) 337-5626 wwwslcelections.com • e-mail. elections@slcelections.com ~ ^ - ~ \~u. J~ 'l - - ~ u ~ ~ • ~ ~a we T~'~ . ~I ii ~LORIDA DEPARTMENT O~STATE I f CHARLIE CRIST KUR-T S. SROWNING Governor 5ecretary of State MEMORANDUM e I ! To: Supervisors of Elections r- ti~~ E~ ` € ~ I~ F From: Donald L. Palmer, Director, Division of lections ~ F~ JUL 1 4 2Q08 Date: July 10, 2008 ~ ~ ~ ~ Subject: FY 2Q08-09 Federa] Elect ~ s ~ ~~~°~~tY~~--~~w~ ~r~!.~,~~;E~ ion Activities F d ~ ; ; t:L~G; =i:~S~:R J~ rt.~t I';~1(,'S S';. LUC1- ~Q __~.-r.t..T ~ L~ I The 2008 Le islature a ro riated $3 000 000 g pp p , , specifically for federal election activities. These ' funds will be distributed to the Supervisors of Elections pursuant to a formula based on active ' registered voters in each county as of the 2008 Presidential Preference Primary Election. ' Funds received pursuant to this Agreement may be speni for any of the fol]owing purposes ' rela.ting to federa] election activities: ' • Voter education; , • Poll worker recruitment and trai.ning; . ~ • Revisions to the statewide pol] worker curriculum; - ' • Standardizing election results reporting; or ~ • Ofher federal election adminisb-ation activities, as approved by the Department of State. ~ These. funds must be used to support federal election activities related on]y to federal elections ' (that is, elections in which a~federal candidate is on the ballot). If any of.the funds are used for an . ~ ~ election `in which a federal candidate is not on the ba]lot, the cost must. be pro-rated for the ' portion of the expenditure that is.allocable to federal elections. An~ of these funds can be used for the 2008 Primary and General Elections. ~ In order to receive the funds the Le isla I~I , g ture has required that the Supervisor of Elections provide p - , . . . ~P ~ p _ _ =-P the_De arhnent_of_State-with-a-de#ailed desPcn t~on ofthe ro ams-thai w~ll-be im lemented in ~ the Su ervisor s federa] election actrvrt~es lan. The Superv~sor shall ~dent~fy the source of funds (federal funds, county matching funds, other county funds) being used for each federal election ~ I~! activity set:forth in the plan. Samples vf any documents and/or publications that you plan to produce as part of these activities must be provided along with the plan. Enclosed is a federal election activities plan form. The~Division requtres that this jorm be ured when submilting the plan. It wil] simplify the preparation of yow plan, and it will expedite the ' Division's review allowing your check to be mailed quicker. . ~ ~ ' Division oT Elections • R A. Gray Building, Room 3l6 • 500 South Bronough Street • Tallahassee, Florida 32399-U250 . .Telephone: (850) 2q5-6200 • Facsimile: (850) 245-6217 ~ FY 2008-09 Federa] Election Activities Funds , ~ July 10, 2008 Page 2 Simply place an X in the box for the programs that you plan to carry out this fiscal year. Please also place an X in the box for the iopics that apply to each activity. If the topic is not listed, either write or type in the topic. There is no need to enter spec~c dollar amounts on the plan. The dollar amounts will be addressed when you submit the annual financial report which is due December 3l, 2009. Please also note, the 2008 Legislaiure has added the following requirement in the appropriation. Supervisors shall also report to the Department any unspent~unds rernaining at June 30, 2009. This will be reported on the annua] financial report which was referred to previously. If you need to make any changes to yow original plan, the revised plan musi be submitted in advance, in writing and approved by the Departmeni of State. ln addition, the Chairman of the Board of Couniy Commissioners wi1J be requued to_certify that the county will match the state funds with a] 5% couniy match. Both the federal funds and 1he county matching funds must be held in a separate interesi bearing account to be used solely for federa] election activities purposes. Enclosed are the fo]lowing documents: l. Memorandum of Agreement, Receipi and Use of HAVA Funds for Federal Election Activities (required to be signed by the Supervisor of Elections); 2. Attachment A, Compliance Requuements; ' 3. Attachment A-l, Certification Regarding Debarr~ent, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (required to be signed by the , Supervisor of Elections); 4. Attachment B, FY 2007-08 Federal Election Activities Funds Spreadsheet; 5. Certificate Regazding Matching Funds (requued to be signed by the Chauman of the Boazd of County Commissioners); ~ ~ 6. Federal Election .Activities plan form (required to be completed and returned by the Supervisor of Elections). , Please retum all of ihese documents to ihe Division of Elections. ~You will be provided a copy of ~ ihe agreemen# upon execution by the Division. ~ . If you have any questions, please 1et us know. " ~ DLP/jd ~ Enclosures ~ . MEMORANDUM OF AGREEMENT ~ RECEIPT AND USE OF HAVA FUNDS FoR FEDERAL ELECTION ACTIVITIES This agreement, effective as of the date fully executed, is by and between the State of ' Florida, Department of State, Division of Elections ("Department"), an agency of the ' State of Florida, the address of which is the R.A. Gray Building, 500 South Bronough ' Street, Room 316, Tallahassee, FL 32399-0250 and St. Lucie County Supervisar of ' Elections, The Honorable Gertrude Walker ("Supervisor"), the address of which is 4132 ' Okeechobee Road, Fort Pierce, FL 34947-5412 for the purpose of governing the receipt and use of federal tunds as specified. herein. I I. Goveriung Law ' Section 6 of Chapter 2008-1~2, Laws of Florida, provides for the disbursement of tunds to be used for federal election activities. From the funds appropriated from the Grants and Donations Trust Fund to the Departrnent of State, Speci.fic Appropriat~on i 3149 of the 2008-2009 Genera] Appropriations Act, the sum of $3,000,000 is being ~ distributed in the state fiscal year 2008-2009 to the county supervisors of elections #o I fund federal elecbon acdvities. Funding to support the FY 2008-09 appropriation for federa] elecdon activities is made available through section 251 of the Help America ' Vote Act of 2002 (HAVA) and the Catalog of Federal Domestic Assistance (CFDA) 90.401, Help America Vote Act Requuements Payments. II. Restrictions 'The Supervisor must comply with the requuements of Attachment A for funds that ' may be awarded under this Agreement. Attachment A indicates requirernents associated with an awazd of federa] resources and is incorporated by reference as if fully ' set forth herein. However, no funds shall be disbursed until the Supervisor first satisfies ' the requirements of paragraph 2 of Attachment A. j I The Supervisor shall use funds received under. this Agreement solely for the ' purposes set forth in paragraph 1 of Attachment A and in a manner consistent with the ' provisions of HAVA, includ.ing placing such funds in an interest bearing account unti~ ! disbursed or expended. Funds received from the FY 2008-09 appropriation must be used to support election activities related only to federal eleciions (that is, elections in I' which a federal candidate-is on the ballot). : If__any__of the_ F_Y_2008_-09 federal election - _ _ - - - activiiy funds are used for an election in which a federal candidate is not on the ballo#, the cost must be pro-rated for~the portion of the expenditure that is allocable to a federal election. The Supervisor shall not use any funds received hereunder to support state or ' fede~a] lobbying activities . but this does not affect the right, or that of any other organization #o petition Congiess, or any other level of Government, through the use of other resources. Page 1 of 6 ~ The Supervisor must retum o7 repay the Departrnent any .fiinds received under this Agreement that aze used for any unauthorized purpose. III. Disbursement The Departmei?t shall distribute to each eligible county supervisnr of elections an amount equal #o the funding level per voter multiplied by the number of active iegistered voters in the county for the 2008 Presidentia] Prefesence Primary Election The Departmest shall determine the funding leve] pet voter in the state based on that ~ infom~ation 'The Supervisor shaIl receive a sum certain as outlined in .Attachment B. N. Monitoring, Reporting, and Audits The administration of resources awarded to the Supervisor is subject to audits and/or monitoringby the Department of State as described in this secdon. A. Monitvring and Reporting - - ' In addition to reviews of audits conducted in accordance with ~OMB Cucular A-133, ~ as revised, and Section 215.97, F.S:, (see Part B"Audits") monitoring procedures may include, but not be limited to, on-site visits by Departrnent staff, limited scope audits as defined by OMB Circulaz A-133, as revised, and/ or othef procedures. . By entering into this Agreement, the Supervisor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Departmen~ ' ~ In the event the Departrnent determines that a limited scope audit of the Supervisor is appropriate, the 5up~rvisor agrees to comply v+~ith any additional instructions provided by Department st-aff to the Superviso7 regarding such audit. 'The Supervisor ~ further agrees to comply and cooperate with any inspections, reviews, investigations, or ' audits deemed necessary by tlie Chief Financ:ial Officer (CFO) ot Auditor General. ~ The Departnnent shal] ciosely monitor the Supervisors' arin~al expenditur.e reports required by pazagraph 5 of Attachment A to ensure that the Supervisors expend HAVA funds in accordance with approved plans and will 7equire reimbursement foT all expenditures not approved. Also, the Department shall ensure ~hat Supervisors report the expeniiitures made with HAVA funds separately from vcpenditures made with ~ ~ county lunds. In addition, prior to the expendituie of any HAVA funds, ttie Supervisor must submit to ~he Department for review and approval ariy change, motlifiication oi deviation from the activities or expenses set forth in the plan as submitted initially ~ pursuant to paiagraph 2 in Attachment A. . B. Audits ~ Part I: Federal Funds-This part is applicable- if the Supervisor _ is a State or local ' ~ government or a non-profit organization as defined in OMB Circvlar A-133, as revised. _ . Page 2 of 6 1. In the event that the Supervisor expends $300,000 (.~50D,000 for fisr~tt years ending I, after Dece~nber 3I, 2003) or more in Federal a~nTards in its fiscal year, the ~I Supervisor must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Attachrnent ' A indicates Federal resources awarded through the Departrnent by this Agreement: In determuiing the Federal awards expended in its fiscal year, the Supervisor shall consider all sources of Federal awards, inc]uding Federal resources received from the Department. The detei~ination of amounts of Federal awards expended shall be in accordance with the guidelir?es established by OMB Circular A-133, as revised. An~audit of the Supervisor conducted by the Auditor General in accordance with the pr~visions OMB Circulaz A-133, as revised, shall rneet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the Supervisoi shall tulfill the requiremerits relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the Supervisor expends ]ess than $300,OOD .($500,000 far fiscal years ending ufter December 31, 2003) in Federa] awards in its fi.scal year, an audit conducted in accordance ~with the provisions of OMB Circular A-133, as revised, is not ~~i required. In the everit that the Supervisor expends less than $300,000 ($500,000 ' far fiscnl years ending after December 31, 2003) in Federa] 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 resouices (i.e., the cost of sucl~ an audit must be paid from Supervisor resources obtained fro~ othei than Federal entities). 4. Additivnnt guidnnae to state and federat monitoring nnd audiiing requiremenfs rnay be ' found ut hitp://`wurw.eac.gov; and http://election.dos.state.fi.us/hava/index.shfinl ' Part Il: State Funds-This part is applicable if the Supeivisor is a nonstate e~ntitj? as defined by Sect-ion 21~.97(2); Florida Statutes. 1. In the event that the Supervisoz expends a total amourit of~ state financial , . - assistance equal to or in excess of ~$500,000 in any fis~al year of such Supervisor {for ~ 'I fiscal years ending Septemlier 30, 2004 oi thereafter), the Supervisor~ ~ust have a~ , ~ State single or project-specific audit for such fiscal year in accordance wi#h Section . ~~i 215.97, Florida Statutes; applicable rules of th~ Department of Financ~al Services; aiid - Chapters--1U~550 -(local- governmental entities)- or-10:650-(fianprofit--and_ for-profit ' organizations), Rules of the Auditor General. Attach~eiit A indicates state financial assist~aiice awazded through the Department by this agreement. In detP~r,,;n;r~g the state financial assisiance expended in its fiscal yeaz, the Supervisor shall consider all sources of state financial assistance, including state financial assistance received fiom the Departrnerit, ~ other state agencies, and other nonstate entities. State financial ~ ~ assistance does not indude Federal d'uect or pass-through awards and resources , received by a nonstate entity for Federal program matching requirements. ~ . ~ - Page 3 of 6 ' 2. In connection with the auciit requueme~ts addressed in Parrt Il, parag7aph 1, the , Supervisor shall ensure that the audit complies with the 7eguirements of Section ' 215.97(8}, Florida Statutes. This includes submission of a firancial reporting package as defined by Section 215.97{2), Florida Statutes, and Chapters 10.550 (local govemmental endties) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. ~ 3. lf #he Superviso7 expends less than $500,000 in state financial .assist~nce in its fiscal year (for fiscal yeazs ending September 30, 2004 or fihereafter), an audit conducted in accordance with the provisions of 5ection 215.47, Florida Statutes, is not~required. In the event that the Supervisor expends less~than $500,OOO.in state ' financial assi5tance in its fisca] yeaz and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statu#es, the cost of the audit must be paid from the nonst~te entity's resources (i.e., the cost of.such an audit must be paid trom the Superviso~'s resources obtained . from other than State entities). . Part IIl: Other Audit Requirements-Pursuant to Section 215.97(8), Florida Statutes, the Department may conduct or arrange for audits of state. tinancial assistance that aze in additian to audits conducted in accordance with Section 215.97, Florida Statutes. In such , an event, the Department must arrange for funding the full. cost of such addidonal . andits. Part N: Report Submission- . 1. Copies of reporting packages for audits conducted in accordance with OMB ~ Circular A-133, a~ revised, and requ'ved by PART I of this agreement shall be submitted, when required by Sectiori :320. (d), OIVIB Circular A-133, as revised, by or on behalf of the Supervisor directly to each of the following Department of State Federnt Audit Clepringhouse Otlzer Federal agencies and pass- ~ivision of Elections . Bureau of the Census through entities in accordanrr with RA. Gray Building 120] East 10"~ Sheet Sectivru .320 (e) and .(fl, OMB . 500 S. Bronough Street, Ste 316 Jeffe~sonville, Jndiana 47132 CirculurA-]33, as ~evised. ' Tallahnssee, Flo~ida 32399-025Q . 2. Pursuant to Section .320 OMB Circulaaz A-133, as revise~.i, the Supeivisor shall ~ submit.a copy of the reporting packa~e descnbed in Section 320 (c}, OMB CirculaT ~A-133, as revised, anrl any management letfer issued by the auditoi, to ~the Department at the following .address: . - Department of state , O,~iae of )nspector Gene~al . . . . Clifton Building, Suitr 320 ~ ~ • 26b1 Fxecutive Cente~ Circit ~ . Tallahassee, Florida 3?399-0250 ~ ~ Page 4 of 6 ~ IN 1~~TTNESS THEREOF, the parties have caused this Ab eement to be executed by ' their undersigned officials as duly authorized. ' County Su ervisor of Elections ~ Department of State, Division of Elections: By• By: ~ Gertrude WalkPr ~ Typed nam ;and title . Typed name and title ~ V11itr~ass Witness Au~ust 1 , 2(Lp~g ~ ~ Date Date ~ . . Page 6 of 6 a- 3. Copies of financial reporting packages required by PART ll of this agreement shall be submitted by oi on behalf of the Supervisor du' ectlv to each of the following: Department of State Auditor GeneraPs Offic~ Office ollnspectm General Room 401, Peppe~ Building Qifton Bu~Tding, Suite 320 lIl West Madison Street 2b67 Executive Crnter Circle Tnllnhassee, Ftoridn 32399-]450 Tallnhussee, Ftorida 3239~-0250 . 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the Supervisor directl to: ~ Departrnent of 3tate Off+oe of )nspecior General Chftnn Bu~lding, Suite 320 2661 Fsecutive Cxnter Crrde ' Tdllnhassee, Floridn 32399-0250 5. p~ny 7eports, management lette7, or other information required to be submitted to the .Department of State pursnant to this ag7eement shall be submitted timely in accordance wifh OMB Circular A~133, Florida Sfiatutes, and Chapters 10.550 (local governmenta] entities) or 10.650 (nonprofit and for-prcifit orgar~-~tions), Ru]es of the Auditor General, as applicable. 6. Supervisors, when snbmitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental endties) or 10.650 (nonprofit and for-profit organiz.ations), Rules of the Auditor General; should indicate the date that the repo~ting packag~ was delivered to the Supervisor in correspondence accompan~ing the reporting ' • package. ~ Part V: Record Retention-The Supervisoi shall retain sufficient records demonstrating its compliance with the terms of this agieement for a period.of frve years from the date the audit report is issued, and shall allow the Depart~nent or its designee, CFO, or Auditor General access to such records upon reqvest. The~ Supervisor shall ensure that audit working papers aze made available to the -Department or its designee, CFO, 07 Auditor General upon request fo7 a period of five years from the date the audit report is issued, unless extended in writing by the Department. . V. Entirety of the Agreement ~ ~ All terms and conditions of this agreement aze fully set forth in this document and shall be governed by the laws of the State of Florida regazdless of ar~y conflict of laws provisions. In any proceeding or action brought under ~his section, the parties agree that the prevailing party will be ertifled to its reasonable attorney's fees from tlte other party. The parties agree that pioper venue will be in Leon County, Florida . ~ Page 5 of 6 I Certificate Regardin~ Matc6inc Funds ' ~ 1; ~;_~~n~~~~~}~~ , Chairman of the Board of County Commissioners of ~ St. Lucie County, Florida, do hereby certify that the Board of County Commissioners will provide matching funds for the Federal E]ection Activities grant in county FY 2008-2009 to the Supervisor of Elections in an amount equa] to~at leasi 15% of the amouni to be received fram the state, which for St. Lucie County is $6,360.57. I understand that if the Board fails to appropriate the required matching funds; all funds received from the state for this grant during the 2008-2009 state fiscal year will be required to be returned to the Department of State. ' an, oard of County Commissioners ~ ~'-'7- D~ I Date - I S7: I , APPR D TO F _ ~D ' . lfiY LE I O ' ~ ITEM NO. VI-I +hk keA' Ya~. ~ ..r'i.,ut"~ae tm"~L~~ +rW~ '"T . . 3, j ~y ° ' ~ DATE: February 10, 2009 ~ AGENDA REQUEST I, , ! w • REGULAR ( ) _ PUBLIC HEARING ( ) CONSENT ( X ) ' TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis, Di SUBJECT: Request approval of Budget Resolution 09-042 establishing the fund for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424991- 1-94-01 in the amount of $721,600 (80% FDOT share) with a 20% local match share of $180,400 for a total cost of $902,000 to assist in the purchase of the 29-acre parcel south of Runway 9U27R at the St. Lucie County International Airport. BACKGROUND: See attached memo. FUNDS AVAILABLE: Fund to be determined with the Budget Resolution. PREVIOUS ACTION: In October 2008, the Board approved Resolution 08-291 accepting the grant. , RECOMMENDATION: Staff recommends approval of Budget Resolution 09-042 establishing the fund for the Florida Department of Transportation (FDOT) Joint Participation ' Agreement (JPA) #424991-1-94-01 in the amount of $721,600 (80% FDOT share) with a ' 20% local match share of $180,400 for a total cost of $902,000 to assist in purchase of the 29-acre parcel located south of Runway 9L/27R at the St. Lucie County International Airport, ' and authorize Chair or designee to execute same. I COMMISSION ACTION: CONCURRENCE: j ~ APPROVED ( ) DENIED ~ ( ) OTH E R Approved 5-0 Faye W. Outlaw, MPA I County Administrator Coordination/Siqnatures ' a ' County Attorney ( ) Mgt. & Budget ( ) ~ ' Purchasing ( ) e'at~fier Young Patty ars on/Marie Gouin Originating Dept. ( ~~F~ Other ( ) Other ( ) Diana Lewis Finance: (check for copy, only if applicable) ~ I ~ ~ ~ "~4~Un~~'.: '¢P!F "~~NI4~~~~+!!~IyL~{' ~ ~~"Q~°)'~bP~~a~~~~- ~ ' ~a t'~,. j ~ ; l:? t ~ ~"i~q~ `x • ~ Ww" BOARD OF ~ ~ AI RPORT COUNTY ~ , ~ , Diana ~ewis, Director COMMISSIONERS uy MEMORANDUM ' To: Board of County Commissioners From: Diana Lewis, Airport Director Date: January 29, 2009 Re: Request approval of Resolution 09-042 establishing the fund for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424991- ' 1-94-01 in the amount of $721,600 (80% FDOT share) with a 20% local match share ' of $180,400 for a total cost of $902,000 to assist in the purchase of the 29-acre parcel located south of Runway 9U27R at St. Lucie County International Airport. , I ,I In August 2008, the Airport received a Florida Department of Transportation (FDOT) Joint I Participation Agreement (JPA) #424991-1-94-01 in the amount of $721,600 (80% FDOT ' share) with a 20°/o local match share of $180,400 for the rehabilitation of Taxiway Charlie at a total cost of $902,000. Although the rehabilitation project is still needed, this particular project ' was not scheduled until FY 2010 in the Airport's Capital plan. Due to the more immediate ' need to fund the acquisition of the 29-acre parcel south the of the new runway, FDOT was ' requested to change the taxiway rehabilitation grant to a grant that will assist with the purchase of the 29-acre parcel (donut-hole) located south of the new Runway 9L/27R. i The land acquisition has become a priority as the new runway project is currently scheduled j to be completed in Summer 2009 and the Federal Aviation Administration (FAA) has advised ' that the trees located on the subject property must be cleared in order for Air Traffic Control j personnel to have an unobstructed view of the new runway and taxiway areas. The Airport ~~i has made previous attempts without success to acquire this property (including swapping ~ land, raising funds through selling land and getting an appropriation from the State) and has i looked at alternatives to clearing the trees, which were not acceptable to Air Traffic Control. ~i However, being able to use these funds previously programmed for the taxiway project helps ~ with the immediate need to purchase the "donut-hole" property. j ~ In October 2008, the Board accepted this FDOT grant by approving Resolution 08-291. ' Staff recommends approval of Resolution 09-042 establishing the fund for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #424991-1-94-01 in the amount of $721,600 (80% FDOT share) with a 20% local match share of $180,400 for a total cost of $902,000 to assist in the purchase of the 29-acre parcel located south of Runway 9L/27R at St. Lucie County International Airport. ~ RESOLUTION NO. 09-042 ~ WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $721,600, as funding for the purchase of a 29 acre parcel south of Runway 9L/27R at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 10th day of February, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: REVENUE 140357-4220-334411-462 FDOT-Transportation $721,600 APPROPRIATIONS 140357-4220-561000-462 Land $721,600 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner poug Coward XXX - Commissioner Chris Craft ~ Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 10TH DAY OF FEBRUARY, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ ~ ITEM NO. VI-J1 _ _ ~ DATE: 2/10/09 ~ ' a • , = AGENDA REQUEST REGULAR ( ) PUBLIC HEARiNG ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B: SUBMITTED BY: Purchasinq Division Marie M. Gouin, Director SUBJECT: Board approval of the Seventh Amendment to Contract C06-07-407 with Hulett Environmental Services for County pest control services BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: 001-7510-534000-700 (Other Contractual Services - Havert L. Fenn Center) PREVIOUS ACTION: On August 12, 2008 the Board approved the Sixth Amendment to Contract C06- 07-407 with Hulett Environmental Services. RECOMMENDATION: Staff recommends Board approval of the Seventh Amendment to Contract C06-07- 407 with Hulett Environmental Services removing the Ft. Pierce Community Center and adding the Havert L. Fenn Center, and asking permission for the Chair to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: `6Q APPROVED ( ) DENIED ( ) OTHER A roved 5-0 pp Faye W. Outlaw, MPA County Administrator ' Coordination/Siqnatures ~ County Attorney (X) ~ Mgmt & Budget O Purchasing (X) 1`~~ ' Dan Melissa Mclntyre Simberlund ' Other Other Finance (J for copy only if applicable) ~ - ~ F = ~ ~ PURCHASING DIVISION ~ Office of Management and Budget . ~ . ~ - MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management and Budget Director DATE: February 2, 2009 RE: Board approval of the Seventh Amendment to Contract C06-07-407 with Hulett Environmental ' Services for all County pest control services Backqround: On June 21, 2006, Bid #06-068, Pest Control Services was opened. Three hundred and fifteen (315) vendors were notified, eighteen (18) documents were distributed, and five (5) bids were received. StafF recommended award of Bid #06-068 to the low bidder, Hulett Environmental Services for an initial contract period of two (2) years beginning on September 1, 2006 and continuing until August 31, 2008. The contract also allows for two (2) additional one-year renewal terms. On August 28, 2007 the Board approved the first amendment adding the Guardian Ad Litem office located at 584 NW University Blvd., Suite 600, Port St. Lucie for an additional cost of $10.00 per month and $120.00 per year. ' On October 9, 2007 the Board approved the second amendment adding two (2) additional locations. The first addition was Open Space Pool Office, located at 1211 Avenue M, Ft. Pierce for an additional cost of $8.00 per month or $96.00 per year. The second addition was Tradition Field, offices and concessions, located at 527 NW Peacock Blvd., Port St. Lucie for an additional $188.00 per month or $2,256.00 per year. On January 8, 2008 the Board approved the third amendment adding the New Clerk of Courts Building for an additional monthly cost of $78.00 or $936.00 per year. On May 6, 2008 the Board approved the fourth amendment for following changes: (1) added a new Clerk of Courts location on Rhode Island Avenue for an additional monthly cost of $20.00 or $240.00 per year; (2) eliminated the Clerk of Courts locations on Depot Drive and Orange Blossom Mall, thereby decreasing the contract by $15.00 per month or $180.00 a year; and (3) exercised the first one-year renewal option extending the contract through August 31, 2009. On May 13, 2008 the Board approved the fifth amendment adding the St. Lucie County Logistic Center for an additional monthly cost of $150.00 or $1,800.00 per year. On August 12, 2008 the Board approved the sixth amendment adding the Lawnwood Maintenance Building ($14.00 per month or $168.00 per year), the Parks Office Building ($14.00 per month or $168.00 per year), and the Lakewood Park Regional Maintenance Building ($14.00 per month or $168.00 per year). Staff is now requesting to further amend the contract removing the Ft. Pierce Community Center (saving $8.00 per month, or $96.00 per year), and adding the Havert L. Fenn Center ($32.00 per month or $384.00 per year). The new contract total will be $17,726.64 per year. Recommendation: Staff recommends Board approval of the Seventh Amendment to Contract C06-07-407 with Hulett Environmental Services, removing the Ft. Pierce Community Center and adding the Havert L. Fenn Center, and asking permission for ' the Chair to sign the amendment as prepared by the County Attorney. MG/mrs w " C06-07-407 SEVENTH AMENDMENT TO JULY 11, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND HULETT ENVIRONMENTAL SERVICES THIS SEVENTH AMENDMENT, is made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and HULETT ENVIRONMENTAL SERVICES or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on July 1 1, 2006 the parties entered into a contract for Pest Control Services; and WHEREAS, on August 29, 2007 the parties executed the first amendment to the Contract adding one (1) location (Guardian Ad Litem); and ' WHEREAS, on October 9, 2007, the parties executed the second amendment to further amend the Contract adding two (2) locations (Open Space Pool and Tradition Fieldl; and WHEREAS, on January 8, 2008 the parties executed the third amendment to further amend the Contract adding one (1) locations (New Clerk of Courts Building?; and WHEREAS, on May 5, 2008 the parties executed the fourth amendment to the contract to deleting two (2) locations (Clerk of Courts - Depot Drive and Orange Blossom Mall), adding one (1) location (Clerk of Courts - Rhode Island), and exercising the first one- year renewal option; and, WHEREAS, on May 22, 2008 the parties executed the fifth amendment to the contract adding one (1) location (St. Lucie County Logistic Centerl; and, WHEREAS, on August 12, 2008 the parties executed the sixth amendment to the contract adding three (3) Parks locations (Lawnwood Maintenance Building, Parks Office ' Building, and Lakewood Park Regional Maintenance Building); and, ' WHEREAS, the parties desire to further amend the contract to remove the Ft. Pierce ' Community Center and add the Havert L. Fenn Center. NOW, THEREFORE, in consideration of the mutual prornise contained herein, the ' parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: , 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total Page 1 of 2 # C06-07-407 ` amount in current funds being: S 17,726.64(seventeen thousand seven hundred twenty-six and 64/100 dollars) per year as further described on the Bid Form attached as the Amended Exhibit "A". 2. The Bid Form Bid #06-068 Pest Control Services (Exhibit "A") to the ' Contract is hereby amended and attached hereto and made a part hereof as Amended Exhibit "A" Bid Form - Bid No. 06-068 Pest Control Services. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: HULETT ENVIRONMENTAL SERVICES BY: Print Name: Title: Page 2 of 2 « ' AMENDED EXHIBIT "A" ' BID FORM - Bid No. 06-068 Pest Control Services BUILDING ADDRESS MONTHLY YEARLY COST : COST Airport Terminal 3000 Aviation Wa $ 15.22 $ 182.64 Federal Inspection 2990 St. Lucie Blvd. $ 12.06 $ 144.72 Airport Maintenance Buildin 4801 Airport Road $ 14.00 $ 168.00 Court Admin. (Old Tribune Bld 200 S. 2nd Street $ 8.00 $ 96.00 Healthy Kids (Old IM Water Bld 117 Atlantic Avenue $ 8.00 $ 96.00 Public Defender 216 S. 2nd Street $ 15.00 $ 180.00 ' Courthouse Annex 218 S. 2nd Street $ 78.00 $ 936.00 State Attorney I(4 Stories 411 S. 2nd Street $ 36.85 $ 442.20 State Attorne il 2 Stories 415 S. 2nd Street $ 15.00 $ 180.00 ' GIE~F~E-9#-~AkFF~ n no.,.,+ nr„~o $ - $ - Libra (Hurston Branch 3008 Avenue D $ 8.00 $ 96.00 ' Libra Fort Pierce) 101 Melod Lane $ 20.00 $ 240.00 Libra (Port St. Lucie 180 SW Prima Vista Bivd. $ 8.00 $ 96.00 ' Libra Lakewood Park) 7605 Santa Barbara Drive $ 15.00 $ 180.00 I Libra Mornin side) 2410 SE Mornin side Blvd. $ 20.00 $ 240.00 ' A ricultural Center 8400 Picos Road $ 15.00 $ 180.00 Hurricane House A 8400 Picos Road $ 5.00 $ 60.00 Administration Complex 2300 Vir inia Avenue $ 125.00 $ 1,500.00 I South Count Annex 250 SW Count Club Drive $ 45.00 $ 540.00 Walton Road Annex 1664 SE Walton Road $ 36.25 $ 435.00 ' Road & Brid e- Main Office 3071 Oleander Avenue $ 5.00 $ 60.00 Road & Brid e- Barn Offices 3071 Oleander Avenue $ 5.00 $ 60.00 Road 8~ Brid e- Si n/Traffic Offices 3071 Oleander Avenue $ 5.00 $ 60.00 II, Central Services - Office Buildin 3071 Oleander Avenue $ 8.00 $ 96.00 , A/C Maintenance Shop 3071 Oleander Avenue $ 5.00 $ 60.00 I Rock Road Jail 900 N. Rock Road $ 188.84 $ 2,266.08 I!, Emer enc Operations Center 101 N. Rock Road $ 10.00 $ 120.00 Community Services/Record Mana ement 437 N. 7th Street $ 15.00 $ 180.00 ~ Juvenile Court/Clerk Records Mana ement 435 N. 7th Street $ 20.00 $ 240.00 Sheriff Department - Office Buildin 4700 Midwa Road $ 55.00 $ 660.00 Lincoln Park Community Center 1306 Avenue M $ 8.00 $ 96.00 Restroom/Pump House 2020 Juanita Avenue $ 5.00 $ 60.00 Indrio School House 8850 Indrio Road $ 5.00 $ 60.00 Page 1 of 3 s AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 " Pest Control Services BUILDING ADDRESS MONTHLY YEARLY COST COST Walton Road Communit Center 11090 Rid e Avenue $ 8.00 $ 96.00 Recreation Division Office 1302 Vir inia Avenue $ 8.00 $ 96.00 Gardner House 414 E. Seaway Drive $ 8.00 $ 96.00 Historical Museum 414 E. Seawa Drive $ 15.00 $ 180.00 UDT Seal Museum 3300 N. A.1.A. $ 8.00 $ 96.00 $ - $ - Fairwinds Golf Course 4400 Fairwinds Drive $ 8.00 $ 96.00 Savannas Recreation Area 1400 E. Midwa Road $ 5.00 $ 60.00 Oxbow Environmental Center 5400 St. James Drive $ 8.00 $ 96.00 Fair rounds Maintenance Bld 15601 W. Midwa Road $ 5.00 $ 60.00 Fair rounds Concession Bld 15601 W. Midwa Road $ 5.00 $ 60.00 Fair rounds Main Office 15601 W. Midwa Road $ 5.00 $ 60.00 Fair rounds - Exhibit Hall Bld .#1 15601 W. Midwa Road $ 10.00 $ 120.00 Fair rounds - Exhibit Hall Bld .#2 15601 W. Midwa Road $ 8.00 $ 96.00 Fair rounds - Exhibit Hall Bld .#3 15601 W. Midwa Road $ 8.00 $ 96.00 Pumpin Station 3251 N. A.1.A. $ 5.00 $ 60.00 South Hutchinson Wastewater Treatment Plant 7601 S. Ocean Drive $ 5.00 $ 60.00 $ - $ - Supervisor of Elections - Orange Blossom Mall 4300 Okeechobee Road $ 10.00 $ 120.00 First Amendment Addition " Guardian Ad Litem 584 NW University Blvd. Ste 600 $ 10.00 $ 120.00 Second Amendment Addition Open Space Pool 1211 Avenue M $ 8.00 $ 96.00 Tradition Field 527 NW Peacock Blvd. $ 188.00 $ 2,256.00 Third Amendment Addition New Clerk of Courts Building 201 S. Indian River Drive $ 78.00 $ 936.00 Fourth Amendmenf Addition Clerk of Court 2400 Rhode Island $ 20.00 $ 240.00 Fifth Amendment Addition St. Lucie County Logistics Center 3855 S. U.S. Highway 1 $ 150.00 $ 1,800.00 Page 2 of 3 : - AMENDED EXHIBIT "A" BID FORM - Bid No. 06-068 Pest Control Services BUILDING ADDRESS MONTHLY YEARLY COST COST Sixth Amendment Addition Lawnwood Maintenance Building 1805 Quinc Avenue $ 14.00 $ 168.00 Parks Office 3020 Will Fee Road $ 14.00 $ 168.00 LWP Regional Maintenance Building 5990 Emerson Avenue $ 14.00 $ 168.00 Seventh Amendment Addition Havert L. Fenn Center 2000 Virginia Avenue $ 32.00 $ 384.00 TOTAL $ 17,726.64 ,I Page 3 of 3 :,a : ITEM NO. VI-J2 ti . f ~ ' 4 ~ ~ - - - - DATE: 2/10/09 ' oYM ~ .'y.._ ~ : ' ~ ~ ' ' ~ AGENDA REQUEST REGULAR ( ) ' PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Division `J J,% ~ Marie M. Gouin, Director SUBJECT: Board approval of the Assignment of Contracts from Boyle Engineering Corporation (C07-05-255, C07-06-336, C07-07-381, C05-04-190, and C05-04- 177) and DMJM Aviation, Inc. (C07-04-251) to AECOM USA, Inc. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: Professional Services for various Departments PREVIOUS ACTION: Please see the attached memorandum RECOMMENDATION: Staff recommends Board approval of the Assignment of Contracts from Boyle Engineering Corporation and DMJM Aviation, Inc. to AECOM USA, Inc., and asking permission for the Chair to sign the assignments as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER " , Approved 5-0 , Faye W. Outlaw, MPA County Administrator ' Coordination/Siqnatures County Attomey (X) Mgmt & Budget ( ) Purchasing (X) N%~'~ ' Dan Melissa ' Mclntyre Simberlund Other Other F1118fIC2 for copy oNy if applicable) ~ ~ ~ _ = - PURCHASING DIVISION Office of Management and Budget : ~ • . ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management and Budget Director ~ j DATE: February 2, 2009 RE: Board approval of the Assignment of Contracts from Boyle Engineering Corporation (C07-05- 255, C07-06-336, C07-07-381, C05-04-190, and C05-04-177) and DMJM Aviation, Inc. (C07- 04-251) to AECOM USA, Inc. Backaround: AECOM Technology Corporation integrated its operations. This organization change will allow better coordination of AECOM expertise and resources across business lines and regions. As part of this integration, Boyle Engineering Corporation and DMJM Aviation, Inc. were merged into AECOM USA, Inc. effective January 3, 2009. Through this integration, Boyle Engineering Corporation and DMJM Aviation, Inc. became members of an integrated engineering practice. in additional to performing its traditional design, engineering and professional services, Boyle Engineering Corporation and DMJM Aviation, inc. will now, when needed, be able to bring a broader suite of infrastructure consulting skills to meet the needs of St. Lucie County, as their client. The personnel who are currently providing services under these contracts, will continue to do so. All of the terms and conditions set forth in the contracts will remain in effect. On April 5, 2005, the Board awarded RFP #05-024 and a continuing contract for professional surveying services to three vendors, one of which was LBFH, Inc. who later became Boyle Engineering Corporation. On April 12, 2005, the Board awarded RFP #05-029 and a continuing contract for utilities engineering services to five (5) vendors, one of which was LBFH, Inc. who later became Boyle Engineering Corporation. On May 1, 2007, the Board awarded RFQ #07-031 and a continuing contract for general civil engineering services to four (4) vendors, one of which was LBFH, Inc. who later became Boyle Engineering Corporation. On June 12, 2007, the Board awarded RFQ #07-042 and a continuing contract for construction management services to six (6) vendors, one of which was LBFH, Inc. who later became Boyle Engineering Corporation. On July 24, 2007, the Board awarded RFQ #07-046 and a continuing contract for roadway and intersection design to seventeen (17) vendors, one of which was LBFH, Inc. who later became Boyle Engineering Corporation. On April 3, 2007 the Board awarded RFQ #07-032 and a continuing contract for airport engineering services to three (3) firms, one of which was DMJM Aviation, Inc. In order for St. Lucie County to continue the projects currently under contract via executed work authorization and continue to pay for services rendered, St. Lucie County needs to proceed with an assignment of contract. Recommendation: Staff recommends Board approval of the Assignment of Contracts from Boyle Engineering Corporation and DMJM Aviation, Inc. to AECOM USA, Inc., and asking permission for the Chair to sign the assignments as prepared by the County Attorney. MG/mrs ~ C07-05-255 C07-06-336 C07-07-381 C05-04-190 C05-04-177 ' ASSIGNMENT OF CONTRACTS BY AND BETWEEN ST. LUCIE COUNTY AND BOYLE ENGINEERING CORPORATION THIS ASSIGNMENT OF CONTRACTS is entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and BOYLE ENGINEERING CORPORATION. ("Assignor"), and AECOM USA, INC., ("Assignee"). WITNESSETH: ' WHEREAS, the County and Assignor entered into multiple continuing ' engineering services agreements to be used on an as needed basis (hereinafter ' referred to as the "Contracts"); and ' WHEREAS, Assignor was integrated into Assignee, which will continue to provide all of the services provided for in the Contracts; consequently, Assignor has agreed to assign the Contract, to Assignee and the County has agreed to ' approve the assignment. ' NOW, THEREFORE, in consideration of the mutual covenants contained ' herein, the County, the Assignor and the Assignee hereby covenant and agree to as ' follows: ' 1. Assignment of Contracts. Assignor hereby assigns to Assignee all of its ' rights, duties, liabilities and obligations as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Contract. 1 ~ C07-05-255 ' C07-06-336 C07-07-381 C05-04-190 C05-04-177 3. Approval of the Assignment. The County hereby approves the assignment of the Contracts, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of January 3, 2009. IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: BOYLE ENGINEERING CORPORATION WITNESSES: By: Print Name: Print Title: ASSIGNEE: WITNESSES: AECOM USA, INC. By: Print Name: Print Title: 2 ~ ~ C07-04-251 ASSIGNMENT OF CONTRACT BY AND BETWEEN ST. LUCIE COUNTY AND DMJM AVIATION, INC. THIS ASSIGNMENT OF CONTRACT is entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and DMJM AVIATION, INC. ("Assignor"), and AECOM USA, INC., ("Assignee"). WITNESSETH: WHEREAS, the County and Assignor entered into a continuing engineering ' services agreement to be used on an as needed basis for the St. Lucie County International Airport (hereinafter referred to as the "Contract"); and WHEREAS, Assignor was integrated into Assignee, which will continue to provide all of the services provided for in the Contract; consequently, Assignor has agreed to assign the Contract, to Assignee and the County has agreed to approve ' the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained ' herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: ' 1. Assignment of Contracts. Assignor hereby assigns to Assignee all of its I rights, duties, liabilities and obligations as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the ~I Contract. ~I 3. Approval of the Assignment. The County hereby approves the assignment of the Contracts, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of January 3, 2009. 1 C07-04-251 IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: DMJM AVIATION, INC. WITNESSES: By: Print Name: Print Title: ASSIGNEE: WITNESSES: AECOM USA, INC. By: Print Name: Print Title: 2 ~ DMJM AVIATION I AECOM ~~o~ ,.~9, 4 DMJM Aviation ' i;)°a 2202 N. West Shore Boulevard, Suite 455, ~i ar~ipa, Fiorida 33607 s; T 813.675.2100 F S'13.675.2150 www.dmjmaviation.com 1°= > RECEIVED ~p'a ~I.~H December 8, 2008 DEC I 5 2uo~ St. Lucie County , St. Lucie International Airport AIRPORT 3000 Curtis King Blvd. sT ~uciE courvlv Fort Pierce, FL 34982 . Re: Project listed in Attachment A ` ' Subject: Merger of DMJM Aviation into AECOM USA, Inc. ~ Dear Ms. Diane Lewis: DMJM Aviation is currently providing services to you for the above referenced project. As you ' may be aware, AECOM Technology Corporation, our parent company, is integrating its North American operations. The organizational changes will allow better coordination of AECOM ' expertise and resources across business lines and regions. , As part of this integration, DMJM Aviation will be merged into AECOM USA, Inc. effective January 3, 2009. This integration will allow DMJM Aviation to become a member of an integrated practice in North America for performing aviation consulting and engineering senrices. We ' strongly believe that these changes will allow us to provide you with an even greater range of services. Please be assured that you will continue to receive the quality service to which you are accustomed. The same personnel who are currently providing services under the contract will ' continue to do so. All of the terms and conditions set forth in the contract(s) will remain in effect and the insurance coverage will remain the same. ' To effectuate the above, and in accordance with the notice provisions of the above contract(s), ' DMJM Aviation is hereby notifying you of the merger described above. ' We are truly excited about these developments and hope that you share our enthusiasm. Please ' call me if you have any questions or require any additional information. ' Sincerely, I ~ DMJM Aviation, Inc. I , I ~ Loren Smith, President CC: Todd Cox- SL County Andy Kacer- AECOM i~ ~'I i~ J BOYLE ~s_ , , ; Boyle Engineering Corporation " ,.I'~~~ 1501 Quaii Street Newport Beach, CA 92660 T 949.476.3300 F 949.721.7141 www.boyle.aecom.com December 8, 2008 Michaei V. Powley St. Lucie County Florida 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Projects listed in Attachment A Subject: Merger of Boyle Engineering Corporation (Boyle) into AECOM USA, Inc. Dear Michael V. Powley: Boyle is currently providing services to you for the projects listed herein. As you may be aware, AECOM Technology Corporation, our parent company, is integrating its North American operations. The organizational changes will allow better coordination of AECOM expertise and resources across business lines and regions. As part of this integration, Boyle will be merged into AECOM USA, Inc., effective January 3, 2009. Through this integration, Boyle will become a member of an integrated engineering practice in North America. In addition to performing its traditional design, engineering and professional services, Boyle will now, when needed, also be able to bring a broader suite of infrastructure consulting skills to meet the needs of our clients. Please be assured that you will continue to receive the 'quality service to which you are accustomed. The same personnel who are currently providing services under these projects will continue to do so. All of the terms and conditions set forth in the contracts relevant to these projects will remain in effect and the insurance coverage will remain the same. ; We are sending you this letter to notify you of the merger described above. We are truly excited about these developments and hope that you share our enthusiasm. Please call us at 949-476- 3300 if you have any questions or require any additional information. Sincerely, ~ ~ . ~ Boyle Engineering Corporation , f , Phil Petrocelli, President t'- ;i ~,°°,5 • ~ , BOYLE _ ; ~ Boyle Engineering Corporation io~;~~ 1501 Quail Street Newport Beach, CA 92660 T 949.476.3300 F 949J21.7141 www.boyle.aecom.com ~ r; ~ 1l ZOQB ; ~ G~~~~~%~~ ~ ~ December 8, 2008 - - - - Laurie Case St. Lucie County ' 2300 Virginia Avenue ' Pierce, FL 34982 Re: Projects listed in Attachment A ' Subject: Merger of Boyle Engineering Corporation (Boyle) into AECOM USA, Inc. Dear Laurie Case: ' Boyle is currently providing services to you for the projects listed herein. As you may be aware, ' AECOM Technology Corporation, our parent company, is integrating its North American operations. The organizational changes will allow better coordination of AECOM expertise and resources ' across business lines and regions. As part of this integration, Boyle will be merged into AECOM USA, Inc., effective January 3, 2009. ' Through this integration, Boyle will become a member of an integrated engineering practice in North America. In addition to performing its traditional design, engineering and professional services, ' Boyle will now, when needed, also be able to bring a broader suite of infrastructure consulting skills ' to meet the needs of our clients. ' Please be assured that you will continue to receive the quality service to which you are accustomed. The same personnel who are currently providing services under these projects will continue to do so. All of the terms and conditions set forth in the contracts relevant to these ~I projects will remain in effect and the insurance coverage will remain the same. ' We are sending you this letter to notify you of the merger described above. We are trul excited ~I Y about these developments and hope that you share our enthusiasm. Please call us at 949-476- 3300 if you have any questions or require any additional information. ~ Sincerely, Boyle Engineering Corporation Phil Petrocelli, President 1 ITEM NO. VI- J3 ~ ~ - ~ - ~`r~- DATE: 02/10/09 ~ , • ~ . AGENDA REQUEST REGULAR ( ) , PUBLIC HEARING ( ) CONSENT ( X ) ' TO: BOARD OF COUNTY COMMISSIONERS PRESENT D Y: SUBMITTED BY: Purchasinq Division Ma M. Gouin, Director ' SUBJECT: Award of Letter of Interest (LOI) #09-008 for Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County - Community Services Department. BACKGROUND: Please see the attached memorandum. FUNDS AVAILABLE: 189100-6420-599330-600 - SHIP - Home Consortium ' PREVIOUS ACTION: N/A RECOMMENDATION: The Selection Committee recommends approval to award LOI #09-008 for ' Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County to the top ranked proposer, Sunrise City Community Housing Development Organization of Fort Pierce, Florida and permission for the Chair to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 , J Faye W. Outlaw, MPA , County Administrator , CoordinationlSignatures County Attorney (X) Mgmt & Budget (X) ~ Purchasing (X) ~ Daniel Mclntyre Sophia Holt Desiree /~l~/ Cimino Community Serv (X) , Other Finance (J for copy only if applicable) eth Ryder c ~ ~m- ~ PURCHASING DIVISION Office of Management and Budget ~ ~ ? _ MEMORANDUM TO: Board of County Commissioners i FROM: Marie M. Gouin, Management & Budget Director DATE: February 10, 2009 RE: Award of LOI #09-008 for Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County - Community Services Department. Backqround: On Wednesday, November 26, 2008 responses were opened for LOI #09-008 - Award of LOI #09-008 for Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County. Two vendors : were notified, two documents were distributed, and two responses were received. The Selection Committee met on January 12, 2009 to review the proposals. The firms were ranked as foilows: 1) Sunrise City Community Housing Development Organization of Fort Pierce, Florida 2) Indiantown Non-Profit Housing, Inc of Indiantown, Florida Recommendation: The Selection Committee recommends approval to award LOI #09-008 - for Community Housing Development Organizations (CHDO) to act as a developer, sponsor and owner of housing as part of the HOME Investment Partnership Grant received by St. Lucie County to the top ranked proposer, Sunrise City Community Housing Development Organization and permission for the Chair to sign the contract as prepared by the County Attorney. MG/djc ~ r ~ i ~ a ~ :a: w~ ' i ~r ~ ~ , BOARD OF ~ = ~ ` ' ` PURCHASING COUNTY ~ DEPARTMENT COMMISSIONERS 9 ~ ~ . - TABULATION SHEET - L01# 09-008 i REQUEST FOR LETTERS OF INTEREST , CHD-ORG. ACT AS DEVELOPER, SPONSOR, OWNER OF HOUSING A5 PART OF HOME INVESTMENT PARTNERSHIP GRANT ' i OPENED: NOVEMBER 26, 2008 AT 2:00 PM TWO (2) submittals were received for subject proposal: ~ ; f z ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. E INPHI/ INDIANTOWN NON-PROPFIT HOUSING INC. Contact: Donna Carman Phone: 772-597-3667 Fax: 772-597-4635 Address: P.O. Box 456, Indiantown, FL 34956 ' SUNRISE CITY CHDO INC. ' Contact: Tob Phii art Phone: 772-466-3099 Fax: 772-460-9004 i Address: 1513 N. 23 . Street, Fort Pierce, FL 34950 ! ; NUMBER OF C~MPANIES NOTIFIED*: LOCAL PAPERS , NUMBER OF BID DOCUMENTS DISTRIBUTED*: 2 t ' NUMBER OF BIDS RECEIVED: 2 ' i * - Per demandstar.com ' ~ ' _ ~I , ; ~ I CHRIS DZADOVSKY, District No.1 ~ DOUG COWARD, Distrid Na 2~ PAULA A. LEWIS, Dislrid No. 3~ CHARLES GR.4NDE, Distnct No. 4~ CHRIS CRAFT, Distnct No. 5 2300 Virginia Avenue - Fort Pierce, Fl 34982-5652 - Phone (772) 462-1700 - TDO (772) 462-1428 ~ website: www.co.st-lucie.fl.us 1 ,d ~11 ~~,q~~"~~ ~QiUIMUNiTY SERVICES ~ ~ l1iIEMORAN[lt1M #09-'100 , ; ; i ~ Tf7: ~esiree Ciminc~, Pr~curement Coorclinatar ! ~ ~ FRaM: J~ssica ~'arrish, Hc~~sing :Project ~oordinato~~ i SUBJE~T: Letter of ir~terest (LO!) ~1~-0~8 Gammurtity Hi~~sir~g D~uelopment ; C~rgan~zatir~rt ~CHC)t~) Seleckion ~ i DAT~: January 13, 2009 ~ i - i The selectiart cornmit~e~ for L01 09-Ua8, CH:E}Q ~elec~iar,, met an Janu~ry 12, 20~9. ; After reviewin~:.the two respc~nses, #~e seleetian commifi~e~ v€~ted to aw~rd the LC7! to Sur~ri~e City Comm~rni#y Housing t}evelopmen~ ~rganizafion. ; ; Piease prepare an agend~ i#em for the January 27t" meeting to award L.UI C~9-008 to ! Sunrise City CHDO. ~ ~ t- Thartk yt~~t. ~ ~ ; i k ( i 7 ~ C i ~f . i_ ; t 2 ITEM NO. VI-J4 ~ - ~ , ~ = DATE: 2/10/09 ~ . - . • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y: SUBMITTED BY: Office of Management & Budget Marie L Gouin, Director SUBJECT: Alcohol and Drug Abuse Mini-Grant Awards ' BACKGROUND: On November 25, 2003, the Board approved the procedures to review applications and to award funds for drug education and prevention. We received seven , applications totalling $132,231. There is $48,428 available for mini-grants in the Drug Court Fund (109). The County Administrator appointed a committee to review the ' applications. Please see attached memorandum 09-14 for the recommendation. , FUNDS AVAILABLE: Drug Abuse Fund (109) I PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the award of grant funds in the amount of $48,428 to the seven applicants; and authorize the County Attorney's Office to draw up the appropriate contracts for the Chair's signature. COMMISSION ACTION: CONCURRENCE: ' ~ APPROVED ( ) DENIED _ ( ) OTHER - Approved 5-0 Faye W. Outlaw, MPA County Administrator I i Coordination/Siqnatures ~I County Attorney Mgmt & Budget Purchasing Daniel Mclntyre Robert O'Sullivan I Other Other FIf1811C8 for copy only if applicable) ' ~ = ` j F~ ~ MANAGEMENT & BUDGET ~ • • ~ • MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE: February 10, 2009 RE: Alcohol and Other Drug Abuse Mini-Grant We have received the following requests: Request Recommended Provider Award $10,000 $3,300 Cath Buuolani on behalf of the St. Lucie Count Dru Court $30,000 $9,900 The Crossin , A Network of Communit Churches $48,428 $14,942 St. Lucie Count Attorne 's Office - Criminal Justice Division $3,049 $3,049 Catholic Charities $5,654 $5,654 New Horizons $15,000 $4,950 Counselin and Recove Center, Inc. $20,100 $6,633 St. Lucie Count Sheriff's Office As of December 15, 2008, we had $52,412 cash on hand available in the Drug Court Fund (109). The budget for FY 2009 is $48,428 for Mini-grants, $500 for communications for the Drug Analysis Hot Line, and $1,240 for General & Administrative Charges. St. Lucie County Board of County Commissioners gave the County Administrator the authority to review all applications and to make award recommendations. The committee included Marie Gouin, Susan Kilmer, Katherine Smith, and Beth Ryder. Staff recommends that the Board of County Commissioners approve the award of grant funds in the amount of $48,428 to the seven applicants; and authorize the County Attorney's Office to draw up the appropriate contracts for the Chair's signature. ~i~,,r ;~,,j Agenda Request Item Number VII Meeting Date: 02/10/09 Consent [ ] I S Regular [ ] o ~ Public Hearing [ X ] Leg. [ ] Quasi-JD [ ] To: Board of Count Commissioners Pr esented By Submitted By: Growth Management Department ~~..-~w , rk Satterlee, AICP , Growth Management Director ! SUBJECT: Consider Draft Development Agreement DVA 09-002, approving an agreement between Lennar Homes, LLC and St. Lucie County. , BACKGROUND: Silver Oaks PUD is an approved 325 unit residential project on 155.76 acres located at ' the southeast corner of Silver Oaks Drive and Tilton Road. These are two, County- ' owned and maintained unpaved roadways. The projecYs original approval was based ' upon the anticipated completion of Lennard Road to provide the required paved access road to the development site. For a variety of reasons, the Lennard Road extension has not been constructed. To maintain the projecYs site plan approval, Lennar Homes, LLC has requested approval of the proposed development agreement. The agreement , requires the applicant to provide a paved roadway between the project entrance and Prima Vista Boulevard, if Lennard Road is not completed. ' FUNDS AVAILABLE: N/A , PREVIG~US ACTION: On February 19, 2008, this Board, through Resolution 08-012, granted a second and ' final one year extension to the Final Planned Unit Development (PUD) Site Plan approval for the project known as Silver Oaks - PUD. On February 6, 2007, this Board, through Resolution 07-018, granted a one year extension to the Final Planned Unit Development (PUD) Site Pian approval for the project known as Silver Oaks - PUD. On March 1, 2005, this Board, through Resolution 05-021, granted Final Planned Unit ' Development (PUD) Site Plan approval for the project known as Silver Oaks - PUD. RECOMMENDATION: This is the first of two public hearings of the Lennar Homes, LLC Development I!, Agreement DVA 09-002. The only action the Board needs to take at this time is to set a i day, time and place for the second hearing. Staff recommends the second public hearing 'i be held at 6pm, or as soon thereafter as possibie, on February 17, 2009 ~ COMMISSION ACTION: CONCURRENCE: I ~ APPROVED ~ DENIED Approved 5-0 ~ OTHER ' Faye W. Outlaw, MPA County Administrator Coordination/ Signatures County Attorney E.R.D.: County Surveyor: ~h'~ Daniel S. Mclntyre Yvette Alger Ron Harris County Engineer: E~~ Other: Other: Michael Powley Form No. 07-07 1 il~ I ~ I GROWTH MANAGEMENT DEPARTMENT e Planning Division • . ' MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Growth Management Director~" Kristin Tetsworth, Planning Manage~ FROM: Diana Waite, Senior Planner ~w DATE: February 2, 2009 SUBJECT: Consider Draft Development Agreement DVA No. 09-002, approving a ; Developers Agreement between Lennar Homes, LLC and St. Lucie County. On March 1, 2005, through Resolution No. 05-021, this Board granted Final Planned Unit Development (PUD) Site Plan approval for the project known as Silver Oaks PUD (Attachment ' A). Since that time, the Board has granted the project two site plan extensions, the maximum a~tlowed under the County's Land Development Code. To maintain the site plan approvals, Lennar Homes, LLC has requested the County enter into a development agreement for the Silver Oaks PUD. If a development agreement is not approved, or a building permit has not been secured, the Final Planned Unit Development Site Plan known as Silver Oaks - PUD will expire on March 1, 2009. A copy of the draft development agreement is provided as Attachment B. The Silver Oaks PUD project consists of 325 dwelling units (91 single-family homes and 234 townhomes) in two phases on 155.76 acres (Attachment C). The property is located east of US 1, on the southeast corner of the intersection of Tilton Road and Silver Oaks Drive. Tilton Road and Silver Oaks Drive are both County owned and maintained dirt roads. The closest paved roadway to the project's entrance is Prima Vista Boulevard, approximately one mile to the northwest. The property has a RU (Residential Urban) Future Land Use designation which allows up to a maximum of five residential units per acre. The approved Silver Oaks PUD project has an overall density of 2.09 units per acre. The public facilities required to serve the project, including paved roadways, water and sewer lines were originally anticipated to be provided by the Lennard Road MSBU project. Since that project has been delayed, and any development requires paved access to the development site, unless waived by the Board, a building permit could not be issued for the project. The draft development agreement sets forth the terms and conditions on which the required public facilities will be provided to serve the proposed residential units. If the required paved road between this project's entrance and Prima Vista Boulevard is not constructed by the County, the applicant will be required to pave the road prior to issuance of a building permit. The County has sufficient right-of-way to accommodate the paving of the roadway. The extension of water and sewer lines will also be the responsibility of the developer. 2 February 2, 2009 Subject: Siiver Oaks PUD Page 2 DVA No. 09-002 To provide for the required facilities, including a paved access road, the developer has proposed the subject development agreement. As proposed, the agreement would provide for: • A 5 year term • Dedication of up to 8.676 acres for the right-of-way for the Lennard Road extension (nothing in the agreement wouid obligate the Board to fund or build the extension) • The developer will construct the portion of Lennard Road within the project boundary • The developer will construct a paved road to the existing paved Prima Vista Boulevard, if the County does not construct Lennard Road. ' • Payment by the Developer of 50% of the single family assessments (approximately ' $73,289) for the Lennard Road MSBU • Extension of the site plan and certificate of capacity for 5 years • Execution of a Landscaping Improvement Agreement. • Provides for the submittal of an annual progress report Based upon staff's review of the project traffic impacts, staff recommends the following additional traffic mitigation and other conditions to address the project's impact on the County's roadway network in a manner that provides a public benefit over and above the minimum required by Code: • Construct Silver Oaks Drive from Dyer Road to Tilton Road in consideration of traffic circulation associated with the future Lennard Road extension. , • Applicant will need to provide adequate project traffic mitigation based upon p.m. peak hour traffic impacts to Prima Vista Boulevard. The 4 lane segment of Prima ' Vista Boulevard between U.S. 1 and Airoso Boulevard is functioning at a p.m. peak ; hour/direction level of service "F" condition in consideration of 2007 traffic count data I and analysis. Since Prima Vista Boulevard is constrained and will not be widened, the trips will be re-assigned to West Midway Road, a parallel roadway for mitigation purposes. The final development agreement will provide for a fair share payment towards the future widening of West Midway Road, between US Highway 1 and South 25'h Street. • Tilton Road shall be paved to the projecYs easternmost property line. Other features of the project that provide a public benefit include: • Approximately 25 acres of upland preserve area will be placed in a conservation easement for perpetual protection and management consistent with County guidelines. ' • An estimated 45 acres of wetland preserves, which will also be placed under a conservation easement for long term protection and management. RECOMMENDATION/CONCLUSION: Staff has reviewed the proposed agreement and determined that it provides the required provisions as set forth in Section 11.08.00 of the St. Lucie County Land Development Code. Staff recommends the Board schedule the second public hearing for the DVA Resolution No. 09-002 at 6pm, or as soon thereafter as possible, on February 17, 2009. ' Please let this office know if you have any questions on this matter. 3 ~ Environmental Resources ~ _ _r, _ , , Department ~ a • ~ • Agenda Item Companion Report TO: Board of County Commissioners FROM: Yvette Alger Environmental Resources Department DATE: February 2, 2009 RE: Silver Oaks PUD Development Agreement DEPARTMENT COORDINATION GM requested ERD input on the proposed Development Agreement. ERD has coordinated with GM, Legal, and Engineering in formulating our input. ERDINPUT ERD has contributed revisions to the draft Development Agreement, including conditions requiring a Landscaping Improvement Agreement, upland and wetland preserve area dedications, and a site plan adjustment. ERD RECOMMENDATION ` With the inclusion of ERD conditions, ERD has no objection to the proposed Development Agreement. , , S' ature 4 . Developers Agreement - Silver Oaks Lennar Homes, Inc ; J a ~ O . ~ . ~ J : • ~ ~ ~ ~ ir ~ ~ w~ . ~ ~ r ~ ~ ? . ~ . I• . ~ ~ ~ ~ ' ~ : ~ a ~ O TILTON RD ~ - - im t; ~ Q ~ r~ ' ~ Q u~ _ ~ . ~ ~ ~ ~ a ' ~ ~ - ~ ~ r ' 5O0 ft. FORGOTTEN LN , ~ ~ ~ ~ ~ DYER RD ~ ~ ~ _ .Q _ . ~ Q ° • ~ . . _ ~ - ~ ~ ? ` ~ ~ ,,~~.i~~~~~s~.:~~~~~.~~~.~~w~~~~~~~~ . . D` p . , p , - P _ p o ' J G• ~ i ' cP ~ . , . : . ' ys~~ _ : _ _ _ ~ ~ I , v,~~ _ . ~ _ , . _o ; ~ Q ' D I ~ , G~ ~ - ~ ~I y ~ cy c~ `L ! ~ Legend J N ~ ~ ~,f,uGN !/D , ~ Silver Oaks 500' notification area ~ Subject parcel ~°N'~T' -M°fi°B6"~°"~ D<par[ment ~ Parcelswithin500fl.notifcationarea Map prepared January 14, 2009 5 ~ ~ cB O ~ - 0 L y ~ ~ N ~ ~ W ~I ~ ~ N ~ M i ~ Qj ~ z' ~ v, i q ca ~ ~ ' I y 7 W Q O % / I ~ ~ ~J ~ = O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ / ~ ~ ~ n Q ~ % ~ ~ ~ ~ ~ e~^ I ~ U m ` J d ~ ~ ~ ~ ~~a~~~c ' ~i T ~ a P~ o V~ ~ i~ x H„w~"°" ~ ~ O ~ - o00 ~ a ~ ; ~ i ~'a9 ~ ~ ? I sw~` Fi`~e~ d o a ~ . . ~ ~ \~a`,dp r ~ , o i 0 i / ~ I / I / N~ 0~ ah ~ ~ ~ i - S` ~ I h I ~ e~ ~a9°~n ~ . m. m°'~ 'o e~Se ~y 0 0 I ~~d~a~ ~,v ~ j BSV` a ~09~ Ab'~SRI~I~ „a~a StatePkvN 9 ~ ~ a ns ~ m ,~...~'`'~:er m S~nsh`"e d ~ ~ ~ N, Q c S 4lSZ S S, ~yme ~ y ~ n P^I8 o"soiitl e\Jda° ~ ~ P~ v 1S'~~G~~ ~ ~..s."~,-,~ su~d ~ 9ay~~~`e ~ o ,PT! u~'"u7 ~ ~ ~..,s^: ~--q i , Q~`I m .b ~pd" ~ ~ ~ ° . i ' u+Y.,, N+~~I m~°a..P~..18~e.,~,.... ~ ~ m ~ P^IB ai~n~ 1S l+~d ~ J I N a aaN pt{ sui~uaf Y~ 'ouuo 3~ 4-' m a~awysep , ~ P1i . . 4 . .I 1 . . ~ ~ ~ le ~o e ~.,~..s m ~m ~ P IBAeuon~s_.?"d I,.~.a . MH ui mHs ~M .(M~d m~Pn~g o.i~~ V-U~o m~ I ~ - ouu . ~ . g ptj a~ouiwag " ~ ~A e - (7 any uouaw3 ..~..,.~...g..-.aa ~ 9a' .L ~ ~ p uo~suyop qv~ ~aa a~ I ~ o ~ J m ee'"~W ~ Ga~ a° . py u _olsuyor .,-..e+ ~ ~ 04p~~ ~ese~ ryp, F° PkNy . ~ I Y ~ G ~ F O ~ ~-,.-~.,e_.~..,,a. C ~ PTJ P~eBa~qo~{ ~ I ~ ~ I =,,,.'p~ U ~ i c 'o I r A ~ ' U i . 3 0 ~ .m.z....s, . ~ ~ q ~a - Peoa uuiyg . . _ . .-a. ~ ~ I a `y .t_~ <e,..ti.-.R.,~~~,.a ~ py ~-aui~`a6 eb . C i N m m ~ U ; C I c ' t - _ _.-._,-..:,.-eue` ~a ea ~ ~ ~ P2f I O P H A I N V U U I ~ NI I U "py-6ujPIoH le'PI I U I ~ ,.m~~as ,~~se~, ~ I I Pii Wa~S ~ p,y uoy~e~ , i ~'".a„.._. ~ - I ~eue~ qZ-~ I ~ d V I Q ~ d N I q ° ~ ~ ~euep ~ ~ I I i Qd ~ ~ o ; I ~ ~ ~ ~ I ~ o i i a°•`` ~ i g~,~ ~.a"'~ ~ ~ ~ ~ ~ ~ ~ ~ d~ ~ i ~ ' I ~ i ~ ~ ----------i ~ ~f~uno~ aaqoy~aa~p 6 ~ ~Y ~m~~ ~~yf~1 ,J 1 RESOLUTION 05-021 2 File Number: PLID-04-042 and RZ-04-050 ' 3 4 A RESOLUTION GRANTING PRELIMINARY AND 5 FINAL PLANNED UNIT DEVELOPMENT 6 APPROVAL AND REZONING FOR A PROJECT ~ KNOWN AS SILVER OAKS PUD. s I 9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the ' 10 testimony and evidence, including but not limited to the staff report, has made the following 11 determinations: ' 12 ' 13 14 1. Lennar Communities presented a petition for a Preliminary and Final Planned Unit 15 Development Plan approval and rezoning for a 325-unit residential project to be known I 16 as Silver Oaks PUD. 17 ' 18 2. On January 6, 2005, the St. Lucie County Planning and Zoning Commission held a ' 19 public hearing on the petition of Lennar Communities, after publishing a notice of such I 20 hearing in the Tribune and the Port St. Lucie News and notifying by mail all property 21 owners within 500 feet of the property boundaries. 22 23 3. On March 1, 2005, this Board held a public hearing on the petition of Lennar ' 24 Communities, for Preliminary and Final Planned Unit Development Plan approval and ' 25 rezoning for the project known as Silver Oaks PUD after publishing a notice of such 26 hearing in the Tribune and notifying by mail all property owners within 500 feet of the 27 subject property. ' 28 ~ 29 4. The Development Review Committee has reviewed the Planned Unit Development site I!, 30 plan for the proposed project and found it to meet all technical requirements and to be 31 consistent with the future land use maps of the St. Lucie County Comprehensive Plan, ~ 32 subject to the conditions set forth in Part A of this Resolution. 33 34 5. The proposed project is consistent with the general purpose, goals, objectives and ' 35 standards of the St. Lucie County Land Development Code, the St. Lucie County 36 Comprehensive Plan, and the Code of Ordinances of St. Lucie County. ' 37 38 6. The proposed project will not have an undue adverse effect on adjacent property, the i 39 character of the neighborhood, traffic conditions, parking, utility facilities or other 40 matters affecting the public health, safety and general welfare. 41 42 7. All reasonable steps have been taken to minimize any adverse effect of the proposed 43 project on the immediate vicinity through building design, site design, landscaping and , 44 screening. Eow~N M. FRY, Jr., CLERK OF TME CIRCUIT COURT 45 SAINT LUCIE COUNTY FILE # 2687917 08/15/20p5 at 12:46 PM ' OR BOOK 2332 PAGE 2551 - 2556 Doc Type: RESO RECORDING: $52.50 File No.: PUD-04-042 and RZ-04-050 Resolution 05-021 March 1, 2005 Page 1 a 1 8. The proposed project wili be constructed, arranged and operated so as not to interfere 2 with the development and use of neighboring property, in accordance with applicable 3 district regulations. 4 5 9. The proposed project will be served by adequate public facilities and services. 6 7 10. The applicant has demonstrated that water supply; evacuation facilities and 8 emergency access are satisfactory to provide adequate fire protection. 9 10 11. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted 11 by the Growth Management Director on May 6, 2005. 12 13 14 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 15 County, Florida: lb 17 18 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the 19 Preliminary and Final Planned Unit Development Plan and rezoning for the project to 20 be known as Silver Oaks PUD, and is hereby, approved as shown on the site plan 21 drawings for the project prepared by Houston Cuozzo Group, first submitted on 22 January 26, 2004, and date stamped received by the St. Lucie County Growth 23 Management Department on February 8, 2005, subject to the following conditions: 24 25 1. Prior to issuance of a certificate of occupancy for any lot in the project, the deve{oper, or , 26 his assigns, shall be required to improve Tilton Road to County standards including 27 construction of a right lane at the project entrance. The developer shall construct an 28 equestrian trail and a vegetative buffer within the northern right-of-way. Pedestrian 29 access shall be provided along the southern right-of-way; 30 31 2. Prior to issuance of a building permit for any lot in the project, the applicant shall 32 dedicate the right-of-way for the southern alignment of Lennard Road. If the northern 33 alignment for Lennard Road is ultimately selected, the deveioper shall dedicate the right- 34 of-way required for that roadway alignment; 35 36 3. Prior to issuance of a building permit for any lot in the project, the applicant or his 37 assigns shall provide a conservation easement in favor of St. Lucie County for the 38 preserve areas. The conservation easement shall be in a form acceptable to the St. 39 Lucie County Attorney. The easement shall provide that the Homeowner's association 40 shall be responsible for maintaining the conservation easement area. Maintenance shall 41 include exotic tree/plant removal; 42 43 4. Prior to issuance of a building permit for any lot in the project, the applicant or his 44 assigns shall provide a monitoring and management ptan for the preserve areas within , 45 the project, including any area of the properry isolate by any portion of Lennard Road; 46 47 5. Site development shall be consistent with the recommendations of the submitted 48 environmental report; 49 File No.: PUD-04-042 and RZ-04-050 Resolution 05-021 March 1, 2005 Page 2 1 ' 2 6. Prior to issuance of a building permit for any lot in the project, the developer, or his ~ 3 assigns, shal{ submit a letter from the St. Lucie County School Board indicating that they 4 have satisfied the requirements of the St. Lucie County School Board; , 5 6 7. The developer shall, as part of the construction of this development, provide for the 7 construction of a weather shelter, or other similar structure at the main pro}ect entrance ' 8 for the purpose of providing for a central pick-up and drop off location for any school bus , 9 stops/demand response transit or other like transit activity that may be caused by the ' 10 development of this property; 11 12 8. At all gate controlled access points, the developers shall provide emergency override 13 devices approved by the St. Lucie County Sheriff's Department and the St. Lucie County ' 14 Fire District; and , 15 ~ 16 9. The developer shall construct a 6-foot fence along the east boundary of the property ! 17 adjacent to Shana's Trail. The interior area immediately adjacent to the fence shall be I 18 planted with native vegetation. The developer shall provide and maintain a natural buffer ' 19 to the maximum extent possible along the north and east boundaries of the property. 20 ' 21 B. The property on which this site plan approval is being granted is described ! 22 below. 23 ' 24 TRACTS 1 THROUGH 16, BOTH INCLUSIVE, OF BLOCK 4, ST. LUCIE ' 25 GARDENS, SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ' 26 ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, 27 PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, ' 28 FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE I 29 NORTH AND WEST BOUNDARIES THEREOF, LESS EASEMENTS ON PLAT ' 30 ALONG THE EAST AND SOUTH BOUNDARIES. CONTAINS 155.761 AC, 31 MORE OR LESS, INCLUDING ASSUMED 15' ACCESS EASEMENTS ~I 32 CONTAINS 153.975 AC, MORE OR LESS, EXCLUDING ASSUMED 15' I 33 ACCESS EASEMENTS. 34 TAX ID #3414-501-0801-050/8 ~ 35 Location: Southwest corner of Tilton Road and Shana's Trail ' 36 I 37 C. This preliminary Planned Unit Development Site Plan approval shall expire on 38 March 1, 2007, unless an extension is granted in accordance with Section 39 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit 40 Development Approval has been granted. I 41 ' 42 i, 43 D. The Preliminary and Final Planned Unit Development Site Plan/General Site Plan ' 44 approval granted under this Resolution is specifically conditioned to the 45 requirement that the petitioner, Lennar Communities, including any successors 46 in interest, shall obtain all necessary development permits and construction ' 47 authorizations from the appropriate State and Federal regulatory authorities, 48 including but not limited to; the United States Army Corp of Engineers, the File No.: PUD-04-042 and RZ-04-050 Resolution 05-021 March 1, 2005 Page 3 I 1 Florida Department of Environmental Protection, and the South Florida Water 2 Management District, prior to the issuance of any local building permits of 3 authorizations to commence development activities on the property described in 4 Part B. 5 6 ~ 7 E. The conditions set forth in Part A are an integral nonseverable part of the site 8 plan approval granted by this Resolution. If any condition set forth in Section A is 9 determined to be invalid or unenforceable for any reason and the developer 10 declines to comply voluntarily with that candition, the site plan approval granted 11 by this resolution shall become null and void. 12 13 14 F. A copy of this Resolution shall be attached to the site plan drawings described in 15 Part A, which plan shall be placed on file with the St. Lucie County Growth 16 Management Department. 17 18 19 After motion and second, the vote on this resolution was as follows: 20 21 22 Chairman Frannie Hutchinson AYE 23 24 Vice-Chairman Doug Coward AYE 25 26 Commissioner Chris Craft AYE 27 28 Commissioner Paula Lewis AYE 29 30 Commissioner Joseph E. Smith AYE 31 32 33 PASSED AND DULY ADOPTED this 1st day of March, 2005. 34 35 ~ 36 ~ 37 BOARD OF COUNTY COMMISSIS~N~RS 38 ST. LUCIE COUNTI,~~ ~~E~IDA T~ 39 - ~Y~ j~~ ' 40 ~ ~ 41 q1'T~~T~~ ~Y~ j k,r ~ 42 _ , ~ 43 BY ~F _ 44 Oeput'~~.lerk `r C~ rna ~ 4b • r. 45 ~ 47 ' ~ 48 ~ fi,,~x~~ 49 , _ File No.: PUD-04-042 and RZ-04-050 Resolution 05-021 March 1, 2005 Page 4 . i This Instrumeut Prepared By: Gary K. Hunter, Jr. Douglas M. Smid~ ~ HOPPING GREEN & SAMS, P.A. 123 S. Calhoun Street Tallal~assee, FL 32301 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this day of , 2009, by and between the St. Lucie County Board of County Commissioners (the "County") and Lennar Homes, LLC ( the "Developer") for the purpose of establishing and binding the development rights of the Developer for certain real property located within the unincorporated azea of St. Lucie County, Florida , as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"). This Agreement is also entered into by the County and the Developer for the purpose of providing assurances to the Developer that it may proceed with the development of the Property in accordance with existing laws and policies subject to the conditions of this Agreement; and, insuring that this Agreement is in compliance with applicable provisions of Sections 1633220 through 163.3243, Florida Statutes (2008), the St. Lucie County Comprehensive Plan, and the St. Lucie County Land Development Code. RECITALS WHEREAS, the intent of the Florida Local Government Development Agreement Act (the "Act") is explicitly stated in Section 163.3220, Florida Statutes (2008), which provides in pertinent part as follows: (2) The Legislature finds and declares that: (a) The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital investment planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. (b) Assurance to a developer that upon receipt of its development permit it may proceed with existing laws and policies, subject to the , conditions of a development agreement, strengthens the public planning j process, encourages sound capital improvement planning and financing, ' assists in assuring there are adequate capital facilities for the development, ' encourages private participation in comprehensive planning, and reduces the economic costs of development. i i ? i (3) In confornuty with, in furtherance of, and to implement the Local Government Comprehensive Planning and Land Development Regulation Act and the Florida State Comprehensive Planning Act of 1972, it is the intent of the Legislature to encourage a stronger comiriirinent to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of ; resources, and reduce the economic cost of development. (4) This intent is effected by authorizing local governments to enter into development agreements, subject to the procedures and requirements of ss. 163.3220-163.3243. (5) Sections 163.3220-1633243 shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing. WHEREAS, Section 11.08.00 of the St. Lucie County Land Development Code ("LDC") specifically empowers the County to enter into development agreements with developers to facilitate the orderly development of real property in St. Lucie County; and WHEREAS, the Developer wishes to construct a residential development consisting of single family homes and multi-family townhouses as well as accessory uses, including, but not limited to, parking facilities (the "Silver Oaks PUD"), all as more : specifically depicted on the Silver Oaks Site Plan as revised and approved by the County prior to final execution of the Development Agreement by the Chair of the County Commission, attached hereto and incorporated herein by reference as Exhibit B("Site Plan"); and WHEREAS, the Property is currently zoned Planned Unit Development on the County's Official Zoning Atlas and is designated Residential Urban (RU) under the Future Land Use Element of the St. Lucie County Comprehensive Plan; and WHEREAS, the Property has received final site plan approval for a development containing three hundred and twenty-five residential units consisting of single family , homes and multi-family townhomes. The site plan approval is set forth in St. Lucie County Resolution No. OS-021, as amended by Resolutions 07-018 and 08-012, and modified on October 30, 2007 (hereinafter "Site Plan ApprovaP'); and WHEREAS, the Developer owns the Property, which consists of a an approximately one hundred and fifty-five (155) acre parcel located on Tilton Road and Silver Oak Drive; and WHEREAS, the Property is located within the limits of the Lennard Road 1 Municipal Services Benefit Unit (road improvements), the Lennard Road 2 Municipal Services Benefit Unit (potable water improvements), and the Lennard Road 3 Municipal Services Benefit Unit (wastewater treatment improvements) (hereinafter collectively 2 8 . i referred to as the "Lennard Road MSBUs") which were created by the County on June 6, 2000; and WHEREAS, the improvements contemplated to be developed and funded through the Lennard Road MSBUs have not been constructed and the County is presently unable to fund those improvements through the MSBUs; and WHEREAS, it is anticipated that the MSBUs may be funded and constructed within five (5) years of the date of this Agreement; and WHEREAS, the Property possesses desirable and requisite characteristics to accommodate the Silver Oaks PUD; and WHEREAS, the Silver Oaks PUD may be constructed in phases over a period of years as reflected in the Site Plan Approval and pursuant to the timeframes specified in Exhibit C hereto; therefore, the Developer is desirous of entering into a contractual agreement with the County to memorialize an ageement regarding its development rights with regard to the Property; and WHEREAS, it is in the best interests of the County and the citizens of the County that the development of the Property be completed in a planned and orderly fashion giving consideration to the subjects addressed by this Agreement; and WHEREAS, the Developer and the County have agreed upon terms and conditions relating to the development of the Property, development rights, and benefits , to the County and the citizens of the County which are acceptable to the Developer and acceptable to the County such that the Developer and the County have deemed it appropriate that the terms and conditions of their agreement be reduced to written form; and WHEREAS, the benefits to the County as a result of entering into this Agreement are unique to the particular circumstances of this Agreement; and WHEREAS, the Act provides a means for the Developer and the County to document the assurances sought by each and commirinent to the tern~s and obligations of this Agreement; and WHEREAS, pursuant to the requirements of Section 163.3225, Florida Statutes (2008), the County has held two public hearings with respect to this Agreement, those being held on , 2009 and 2009, with public notice provided for each hearing as required by law. i NOW THEREFORE, in consideration of the mutual covenants and conditions ~ set forth herein and other good and valuable consideration, the Developer and the County i enter into this Development Agreement and do hereby agree as follows: i 3 I 9 i ~ Section 1: Recitals. The foregoing recitals are true, correct and incorporated herein by reference. Section 2: Leeal Description of the Property. An accurate legal description of the Properiy subject to the terms and conditions of this Agreement is attached hereto as Exhibit A, and incorporated herein by reference. ' The current owner of legal and equitable title to the Property is Lennar Homes, LLC. Lennar Homes, LLC hereby represents and warrants that it is the current owner of all legal and equitable title in the Property. Section 3: Effective Date and Duration of Agreement. Unless extended pursuant to the terms hereof, the duration of this Agreement shall be five (5) years commencing with the effective date of this Agreement. The time for development authorized hereby shall supersede any timeframes for development set forth in the Site Plan Approval, including the expiration date of the Site Plan Approval and that certain Certificate of Capacity No. 2071 dated August 5, 2005 ("Certificate of Capacity"). This Agreement shall not become effective unril thirty (30) days after ' delivery of this fully executed and recorded copy of this Agreement to the Florida Department of Community Affairs ("DCA"). The duration of this Agreement may be extended upon mutual consent of the County and the Developer follow a public hearing as provided for in the Act In the event DCA or any other interested party not affiliated with the landowner or developer files a lawsuit or other legal proceeding challenging the validity of this Agreement, this Agreement shall not become effective until such time as a judgment is entered by a court of competent jurisdiction finding the Agreement valid and enforceable and such judgment becomes final and non-appealable. Section 4: The Silver Oaks PUD. The application and all submissions, documents and correspondence related to the proposed development of the Silver Oaks PUD, including (without limitation) all traffic and environmental studies, are hereby incorporated herein as "Application Materials." A. Site Plan for Development. Attached hereto and incorporated herein as Exhibit B is the Site Plan for the Silver Oaks PUD depicting the proposed areas of development, the respective types of development to be constructed on the Property and the buffers of the development on the perimeter of the Property. The parties understand and agree that the attached Site Plan and the Site Plan Approval establish the maximum building density for the Silver Oaks PUD as well as the minimum landscaping and wetland buffers for the perimeter. The parties furkher understand and agree that the Site Plan generally depicts the southern alignment for Lennard Road, as more thoroughly described in Section 5 of this Agreement. For purposes of this Agreement, it is agreed that the Site Plan accurately 4 1~ . i depicts the type and density of development to be constructed on the Property. The parties further agree that the Site Plan and Site Plan Approval and Certificate of Capacity shall be extended for a period of five (5) years from the effective date of this Agreement. ~ The parties acknowledge and agree that the Developer is currently processing a site plan adjustment to clarify the acreages of certain wetland and upland preserve tracts. The parties agree that such site plan adjusrinent shall be reviewed and approved by the Director of Growth Management as a minor site plan adjustment pursuant to Section 11.02.OS.E of the LDC. Unless otherwise provided herein, any revisions to the approved PUD subsequent to the approval of this Developers Agreement shall be processed, evaluated and approved pursuant to Chapter 11 of the Land Development Code. B. Uses, Densities, Intensities, and Hei~ht. Attached hereto and incorporated herein as Exhibit "B" is the Site Plan for the Silver Oaks PUD depicting the proposed areas of development and the development uses pernutted on the Property. Development of the Property shall not exceed 325 residential dwelling units; however, Developer may seek adjustment of such Site Plan in accordance with Section 11.02.05 of the LDC without amending this Agreement so long as such adjustment does not increase the projected traffic generarion for the project as identified in the applicable traffic studies submitted with the Application Materials. l. Sin~le Familv Residential Units. The Developer intends to construct ninety-one (91) detached, single family ' residential units on the Property as depicted on the Site Plan and in accordance with the Site Plan Approval. 2. Townhome Residential Units. The Developer intends to construct two hundred and thirty-four (234) attached, multi-family townhome units on the Property as depicted on the Site Plan and in accordance with the Site Plan Approval. C. Accessorv Structures and Parking. The Developer intends to consiruct those accessory structures depicted on the Site Plan including, but not limited to, two recreation centers (which may consist of swimming pools and/or clubhouses), security gate and bus shelter. D. Traffic Improvements. The Developer shall provide internal sidewalks and roads within the Silver Oaks i PUD as depicted on the Site Plan. The parties understand and agree that all roads and ~ sidewalks located within the Silver Oaks PUD will be designed and constructed to County standards at the expense of the Developer, subject to receipt of all required ' i i 5 ~ i, 11 i . governmentai approvals. The parties further understand and agree that all sidewalks and roads located within the Silver Oaks PUD shall be owned and maintained by the Silver Oaks Property Owners' Association. Those traffic improvements constructed by the Developer pursuant to this Agreement which are located outside of the Silver Oaks PUD shall ultimately be dedicated to the County for its ownership and maintenance. E. Landscaping. The landscaping for the Silver Oaks PUD will be as depicted on the Site Plan, to the extent possible. The Developer acknowiedges that all landscaping must be completed in accordance with the applicable provisions of the St. Lucie County Land Development Code. Prior to issuance of a Vegetation Removal Pernut or Exemption, the Developer shall finalize an Improvement Agreement acceptable to the St. Lucie County Environmental Resources Department ("ERD") covering the cost of all required landscaping, irrigation, and related improvements as shown in the Site Plan. F. Wetlands. The parties agree that wetlands depicted on the Site Plan are to be created and/or defined by the Developer as part of the Silver Oaks PUD. The Developer represents that it has obtained certain environmental pernvts for various federal, state and local authorities and that the same are identified in Exhibit D hereto. The Developer acknowledges that it is responsible for obtaining all necessary wetland pernuts from the applicable permitting agencies whether federal, state or local. The Developer reserves the right to seek all necessary regulatory approvals (including filling authorization) for altering the jurisdictional wetlands, if any, depicted on the Site Plan in a manner which would require the least disturbance possible but pernut the Developer to facilitate the Silver Oaks PUD as depicted on the attached Site Plan. The parties understand that Developer may seek variances from the County wetland setback requirements, however, ' the parties agree that this Agreement shall in no way constitute evidence that any variance shall be granted or denied. The Board of County Commissioners expressly reserves the right to grant or deny any variance requested by any property owner with regard to the Property. Prior to issuance of a Vegetation Removal Pernut or Exemption, the applicant or his assigns shall provide a conservation easement in favor of St. Lucie County for the wetland preserve areas, including their associated upland buffers. The conservation easement shall be in a form acceptable to the County Attorney. The easement shall provide that the Homeowner's Association shall be responsible for maintaining the conservation easement area in accordance with the St. Lucie County approved Preserve ' Area Monitoring and Management Plan. Wetland preserve areas covered by the above- mentioned conservation easement shall be identified on the final recarded plat, and the book/page of the easement document shall be indicated on the plat. 6 12 i G. Upland Preserves. Final plat recordation shall include dedication of the upland preserves as shown on the approved Site Plan. The plat dedication shall be in a form acceptable to the County Attorney. The dedication shall provide that the Homeowner's Association shall be responsible for maintaining the Upland Preserve areas in accordance with the St. Lucie County-approved Preserve Area Monitoring and Management Plan. H. Utility Services. The Developer will supply adequate public utility facilities and services to serve the Silver Oaks PUD concurrent with the impact creating the need for such services, including, but not limited to, potable water distribution, wastewater collection and solid waste disposal. The Developer will work with all necessary governmental entities, including the City of Port St Lucie, to ensure that utilizarion of the constructed utility system will not adversely impact those utility customers adjacent to the Silver Oaks PUD. The Developer must obtain all necessary governmental approvals and permits prior to utilization of any potable water or wastewater collection utility system constructed by Developer. 1. Potable Water Distribution. Drinking water for the Silver Oaks PUD will be supplied by the City of Port St. Lucie. The Developer will construct or cause to be constructed all necessary potable water service infrastructure within the Silver Oaks PUD. It is the intention of the ' Developer that upon construction of such potable water service infrastructure, the ' infrastructure will be ultimately owned and maintained by the City. Water service will be available to each area of the Silver Oaks PUD in adequate volume prior to improvements being constructed in each particular phase of development. 2. Wastewater Collection. Wastewater collection and treatment services for the Silver Oaks PUD will be provided by the City of Port St. Lucie. The Developer will construct or cause to be constructed all wastewater collection infrastructure within the Silver Oaks PUD. It is the intention of the Developer that upon construction of such wastewater collection infras~ucture, the infrastructure will be ultimately owned and maintained by the City. Wastewater collection service must be available in adequate capacity prior to ' construcrion of improvements in each particular phase of development. 3. Solid Waste Disposal. ~ There will be no particular improvements ar facilities required for solid waste ~ collection within that portion of the Silver Oaks PUD comprised of single family or ~ multi-family residential units. 7 i ~ 13 i . L Stormwater Treatment Facilities. The stormwater treatment facilities for the Silver Oaks PUD will be constructed as depicted on the Site Plan and as approved by the Site Plan Approval. All stormwater runoff and drainage system improvements within the Silver Oaks PUD will be: (1) designed and constructed to County standards; (2) treated to minimum South Florida Water Management District water qualiry standards; (3) constructed or caused to be constructed by the Developer; and (4) maintained by the Silver Oaks Property Owners' Association. The County will not be responsible for any construction or maintenance costs associated with the stormwater drainage system within the Silver Oaks PUD. The system will be designed and constructed so that there will be no outflow onto adjacent properties unless otherwise approved by the County and other regulatory authorities and will be designed to protect adjacent surface waters by use of best management practices and other innovative techniques. J. Certificate of Capacitv. Pursuant to Section 4.A., above, the Certificate of Capacity for the Silver Oaks PUD shall be extended for a period of five (5) years from the effective date of this Agreement. Fiu-thermore, pursuant to Section S.D. the Certificate of Capacity shall apply if access to the site is secured via the extension of Lennard Road by the County (under the MSBU) or the Developer or if access is established via the connection of Tilton Road to Prima Vista Boulevard. The parties aclrnowledge that improvements to Midway Road ~ will be required to mitigate the impact of the,~Silver Oaks PUD and that the total cost of oeietea: s;~~er o~ De~eioPn,ent those improvements is estimated to be $ The parties further acknowledge and agree that the Developer's proportionate fair share of such improvements based on its relative traffic impact will be $ Accordingly, the Developer agrees to pay to the County and the County agrees to accept $ as the Developer's proportionate fair share payment for such improvements. Such payment shall be made prior to commencement of construction of the Silver Oaks PUD. K. Other Conditions of Site Plan Approval. Unless otherwise provided in this Agreement, Developer shall comply with all conditions of approval set forth in Section A of the Site Plan Approval, which conditions are incorporated herein by reference. • : Section 5: Other Developer Contributions. In addition to the aforementioned Developer contributions to the public infrastructure of St. Lucie County, the Developer agrees to make the following additional , contributions toward off-site improvements in areas near and adjacent to the Silver Oaks PUD by providing payment to the County for the purpose of such improvements or facilitating the construction of said improvements within the timeframes set for herein. A. Lennard Road: 8 14 _ i L MSBUs and SinQle Family Assessments ' The Developer acknowledges the existence of the Lennard Road MSBUs and the inclusion of the Silver Oaks PUD within the Lennard Road MSBUs. The Developer agrees to pay fifty percent (50%) of the assessments ultimately levied against the single family residential properties within the Lennard Road MSBUs which are identified with more particularity in Exhibit E(the "Single Familv Assessments"). The parties agree that the current estimate far the Single Family Assessments is seventy three thousand, two hundred eighty-nine and 37/100 dollars ($73,289.37). The Developer agrees to pay fifty percent (50%) of the estimated cost for the Single Family Assessments upon funding of the MSBUs and within forty-five (45) days of the receipt of an invoice from the County setting forth the estimated amount due. If the final cost is more than the estimated cost, the Developer shall pay an additional amount within forty-five (45) days of receipt of an invoice for one-half of the difference. If the final cost is less than the estimated cost, the Developer shall be entitled to receive fifty percent (50%) of the difference. This obligation shall survive the revocation or termination of this Development Agreement. 2. Dedication of Ri~ht of Way Within ninety (90) days of the effective date of this Agreement, the Developer agrees to dedicate those areas of the Property which are within the right-of- way for the southern alignment of Lennard Road as depicted in Exhibit F hereto (hereinafter "Lennard Road extension"). The conveyance shall be in a manner and form acceptable to the County Attorney. Upon dedication of the right of way by Developer, Developer, and its successors in interest to the Property, shall be entitled to a credit ' against all applicable traffic impact fees imposed by the County at the time of building permit issuance. The amount of the impact fee credit shall be established pursuant to Section 17-33.1(c)(6), St. Lucie County Code of Ordinances. The credit against impact fees provided hereby shall run with the land and extend in perpetuity until exhausted. The parties agree that under no circumstances will the right-of-way dedicated to facilitate construcrion of the Lennard Road extension exceed one hundred thirty (130) feet in width and two thousand six hundred (2600) feet in length along the southern boundary of the Property. Along the western property line, the right-of-way dedicated to facilitate construction of the Lennard Road extension shall not exceed twenty four (24) feet in width and shall be located no less than three hundred and eighty (380) feet from the southwest property corner nor less than four hundred ninety five (495) feet from the northwest property corner. The parties hereby agree that under no circumstances shall the right-of-way dedicated by Developer pursuant to this Development Agreement to facilitate construction of the Lennard Road extension exceed 8.676 acres or 377,935.78 square feet. Upon written notice from the County that the MSBUs will be funded to allow ''i construction of the roadway, within ninety (90) days thereafter the Developer agrees to submit to the County an estimate of the construction costs for the Lennard Road ' extension within the Silver Oaks PUD that are to be bome by the Developer. The ! i 9 15 i Developer agrees that it will be responsible for construction of the Lennard Road extension within the boundaries of its Property only to the extent such alignment overlaps or is parallel to Silver Oak Drive and is adjacent to or north of the western entrance to the Silver Oaks PUD. The County agrees that it, or another governmental entity, is responsible for construction of the remainder of the Lennard Road extension, including all portions of the Lennard Road extension which are located south of the western entrance to the Silver Oaks PUD. The Developer further agrees to post security in the form of a performance bond or letter of credit ("Security") in the amount of the estimated construcrion costs for the Lennard Road extension for which the Developer is responsible within ninety (90) days of receiving written notice that the MSBUs will be funded or within thirty (30) days of receipt of a notice to proceed with the construction of the MSBU portion of the Lennard Road extension, which ever occurs later. The parties may mutually agree to one (1) reduction in the value of the Security as Lennard Road is constructed and agree that the Security shall be returned or released upon completion of the Lennard Road extension roadway improvements for which the Developer is responsible within the Silver Oaks PUD. B. Tilton Road Prior to or contemporaneous with construction of the Silver Oaks PUD, the ; Developer agrees, at its own cost, to design, pernut and construct those portions of Tilton Road extending from Silver Oak Drive to the easternmost project entrance of the Silver Oaks PUD on Tilton Road and to diligently pursue such construction through completion. Upon completion of conshuction, Developer shall dedicate to the County those areas of the Property which are within the right-of-way for those portions of Tilton Road consiructed by the Developer to establish such entrance. The design and construction of ; Tilton Road shall be subject to inspection and approval of the County. The parties agree that Mr. Michael Powley shall initially serve as the liaison between the Developer, County and St. Lucie County Public Works Department for purposes of coordinating completion of the Tilton Road improvements. No certificates of occupancy may be issued for the Silver Oaks PUD unril the Tilton Road improvements are complete and conditionally accepted by the County. The Developer shall be required to enter into a separate road improvement agreement with the County and to furnish the County with a form of security approved by the County Attorney. The amount of security shall be 115% of the estimated cost of construction. The engineer's estimate of probable cost shall be approved by the County Engineer. C. Silver Oak Drive Prior to or contemporaneous with the construction of the Silver Oaks PUD, the Developer, at its own cost, agrees to design, pernut and reconstruct and/or widen Silver Oak Drive from Dyer Road to Tilton Road and diligently pursue such construction through completion. Upon completion of such reconstruction and/or widening, Developer shall dedicate such improvements to the County. The design and construction of the improvements to Silver Oak Drive shall be subject to inspection and approval by the County. The Developer agrees to cooperate with the County in its construction of 10 16 . i improvements along Silver Oak Drive to assure that the roadway as improved will align properly with that portion of the Lennard Road extension that will be funded by the County via the Lennard Road MSBU. The parties agree that Mr. Michael Powley shall initially serve as the liaison between the Developer, County and St. Lucie County Public Works Departrnent for purposes of coordinating completion of the Silver Oaks Drive improvements. No certificates of occupancy may be issued for the Silver Oaks PUD until the Silver Oaks Drive improvements are complete and conditionally accepted by the County. The Developer shall be required to enter into a separate road improvement agreement with the County and to furnish the County with a form of security approved by the County Attorney. The amount of security shall be 115% of the estimated cost of construction. The engineer's estimate of probable cost shall be approved by the County Engineer. Upon dedication of the right of way and improvements by Developer, Developer, and its successors in interest to the Property, shall be entitled to a credit against all applicable traffic impact fees imposed by the County at the time of building pernut issuance. The amount of the impact fee credit shall be established pursuant to Section 17-33.1(c)(6), St. Lucie County Code of Ordinances. The credit against impact fees provided hereby shall run with the land and extend in perpetuity until exhausted. D. Funding of MSBUs. The parties acknowledge that, as of the date of this Agreement, the MSBUs are currently not funded and may not be funded during the term of this Agreement. In the event the MSBUs are not in existence and funded within three (3) years of the effecrive date of this Agreement such that paved access and utiliries are not made available to the Property within the term hereof, and in the event no mutually agreeable alternative arrangements for the provision of paved access and utilities are made, then Developer shall be entitled to undertake the development and construction of roadway and utilities intended to be constructed through the MSBUs at its own expense. The County agrees to cooperate with Developer in securing access for purposes of installing all roadway and utility improvements pursuant to this paragraph. In addition, Developer shall be entitled to impact fee credits for its construcrion of roadway improvements in an amount to be established pursuant to Section 17-33.1(c)(6), St. Lucie County Code of Ordinances. Alternarively, in the event the MSBUs are not funded and constructed pursuant to the terms hereof, the Developer, at its sole option, may procure access to the Property by connecting Tilton Road to Prima Vista Boulevard. The costs associated with the design, pernutting, and construction of such extension shall be borne by Developer. However, Developer shall be entitled to an impact fee credit for roadway improvements in an ' amount to be established pursuant to Section 17-33.1(c)(6), St. Lucie County Code of Ordinances. Furthermore, in the event Developer secures and constructs access to the Silver Oaks PUD via Prima Vista Boulevard as provided herein, the Certificate of , Capacity shall remain in full force and effect; Developer shall not be required to amend the Certificate of Capacity to allow Developer to proceed with development of the Silver Oaks PUD based on the alternative access. Section 6: St. Lucie Countv Development Approvals. I 11 i I 17 i All development permits approved or requiring approval by the County for development of the Properiy shall be issued by the County in accordance with County regulations, including but not limited to, the Comprehensive Plan, the LDC, and the County Code of Ordinances. The parties agree that such County regulations that are in existence and effect on the date of the execution of this Agreement will control and establish the density, intensity, bulk, height, setback, and the land uses and structures allowed to be developed on the Property under this Agreement. However, the parties specifically agree that the Developer will be required to comply with any code or ordinance in effect at the time of development approvals that govern the process for obtaining development approvals, site plan review codes, subdivision codes, platting codes; further the developer will comply with all other ordinances in effect at the time of development approval that govern environmental protecrion, trees, signage, traffic, utilities, concurrency, stormwater, and drainage, and the developer will pay all required fees and costs imposed by the County including impact fees as set by local code in existence at the time of development approval; notwithstanding the foregoing, to the extent approvals from the County or applicable regulatory have been procured and/or are reflected in the Site Plan, Site Plan Approval, or preliminary plat, the previously secured permits shall conh~ol. All applications for building permits shall comply with the building code in effect at the time of application. Notwithstanding anything to the contrary contained herein, the Site Plan and Site Plan Approval, as the same may be amended pursuant to the terms hereof, and the Certificate of Capacity shall not expire so long as a building pemut is issued for the Silver Oaks PUD within the term of this Agreement and such building pernut does not otherwise expire pursuant to the terms of Section 11.02.06 of the LDC. Section 7: Other Development Approvals. The Developer aclrnowledges and agrees that it may need permits and authorizations from other state and federal agencies which are outside the scope of this Agreement. The Developer represents that it has procured various permits relating to the development contemplated hereby and that such permits are identified in Exhibit D hereto. The Developer further represents that additional local pernuts may be necessary prior to issuance of a Final Development Order as further described in Exhibit D. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. Section 8: Consistencv With Comprehensive Plan and Land Development Code. A. Reservation of Dedication of Land far Public Purposes. 12 18 . i The parties acl:nowledge that the Developer is making the certain dedications of ~ land and improvements for public purposes as described herein and in the Site Plan Approval for the Silver Oaks PUD, including: (1) dedication of a conservation easement over the preserve areas within the development, including the upland preserve areas, the wetlands, and the wetland buffers as more particularly depicted on the Site Plan; (2) dedication of the right of way for the southern alignment of Lennard Road; and (3) dedication of right of way improvements to be made to Silver Oak Drive and Tilton Road as described herein. B. Local Development Pemuts. The parties acknowledge the Developer's receipt of the various pernuts described in Exhibit D hereto. In addition, the following is a list of all local Development Permits approved or needed to be approved for the development of the land: 1. No comprehensive plan amendment is required. 2. No rezoning is required. 3. No pernuts are required to be submitted to the Treasure Coast Regional Planning Council or the Florida Department of Community Affairs (other than this Agreement) 4. Utility, stormwater, wastewater, environmental, and other state and local pernuts as identified in Exhibit D have been or are required to be procured ' prior to issuance of a building pemut. 5. Prior to issuance of a St. Lucie County Vegetation Removal Pernut or Exemprion, the Development Agreement shall be executed by the Chair of the County Commission. 6. Prior to issuance of a certificate of occupancy, Developer shall obtain a final approved plat in accordance with Chapter 11 of the LDC. 7. Pursuant to Sections 4 and 5, above, no certificate of capacity issued pursuant to Chapter 5 of the LDC is required priar to commencement of any development activity. 8. Any modifications to the approved Site Plan shall be processed and approved in accordance with Chapter 11 of the LDC. All requirements of the Site Plan, as the same may be amended, shall be satisfied before commencement of I, development activity. j I C. Local Development Permits Obtained bv the Developer. ~ All local Development Permits identified in Section 11.08.03(A)(9) shall be ~ obtained at the sole cost of the Developer and, in the event any such Development Permit ~ ' I i 13 ! i ~ 19 i is not received, no further development of the Property shall be allowed until such time as the St. Lucie County Board of County Commissioners has reviewed the matter and determined whether or not to ternunate the Developer Agreement ar to modify it in a manner consistent with the public interest and the St. Lucie County Comprehensive Plan. D. Consistencv with Comprehensive Plan. The County finds that the development pernutted or proposed in this Agreement is consistent with the St. Lucie County Comprehensive Plan. E. Consistencv with Land Development Code. The County fmds that the development permitted or proposed in this Agreement is consistent with the St. Lucie County Land Development Code and St. Lucie County Code of Ordinances. F. No Precedent from A~reement. The County acknowledges and agrees that it is exercising its sound discretion in this instance by entering into this Agreement to achieve mutual benefits that are particular and unique to the circumstances underlying this Agreement. This Agreement shall in no way establish a precedent, or bind the County to grant similar approvals to third persons. G. Compliance with Laws Not Identified in AQreement. ' The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, terms, conditions, or restrictions. Any matter or thing required to be done under existing ordinance of the County shall not be otherwise amended, modified or waived unless such amendment, waiver, or modification is expressly provided for in this Agreement with specific reference to the code provisions so amended, modified, or waived. H. Conditions Necessarv to Protect Health, Safetv, and Welfare. The conditions stated herein are deemed necessary to protect health, safety and welfare of the citizens of St. Lucie County. The Board reserves the right to impose subsequently adopted laws and policies following a public hearing if the Board determines that the laws and policies are essential to the public health, safety or welfare. Section 9: Remedies. If the Developer or the County fails to carry out any of its covenants herein contained, the County and the Developer shall be entitled to all remedies available at law or in equity including, without limitations, the remedy of prohibitive injunction. 14 20 i The Board may revoke this Agreement if the Board deternunes through its anriuai ; review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an opportunity to rebut the deternunation that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the ' revocation or amendment of this Agreement. The provisions requiring Board approval of any change in the Site Plan shall survive the revocation of this Agreement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court far St. Lucie County to enforce the terms of this Agreement or to challenge compliance of tl~is Agreement with the provision of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. , None of these remedies shall be deemed exclusive of one another, or exclusive of any other remedy which the Court having jurisdiction deems appropriate. Such remedies shall be granted either singularly, or in combinarion, to the extent necessary to achieve the intent of this Agreement. In the event this Agreement is ternunated in accordance with the terms hereof, the Site Plan Approval shall expire and no longer be valid. Section 10: Annual Review In accordance with Section 11.08.08 of the LDC, the Board shall review the development that is subject to this Agreement every twelve (12) months, commencing twelve (12) months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of ninety (90) days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and the necessity for the Developer to provide the following: ' ; A. An identification of any changes in the plan of development as contained in the Site Plan, ar in any phasing for the reporting year and far the next year. ' j ~ 15 21 i B. If the Site Plan provided for phasing, a summary comparison of development activity proposed and actually conducted far the year. C. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. D. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. E. Identification of significant local, state and federal pernuts which have been obtained or which are pending by agency, type of pernut, pernut number and puipose of each. F. Description of progress on required improvements to Tilton Road and Silver Oak Drive. Any information required of Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement in accordance with the procedures set forth in Paragraph 7. Section 11: General Provisions. A. Nothing herein is intended to preclude the County from exercising its proper police powers to protect the health, welfare, and safety of the public. B. This Agreement shall be binding upon, and inure to the benefit of, all heirs, successors and assigns of the parties hereto. C. Any notices required to be given or elected to be given by either of the ' parties pursuant to the terms of this agreement shall be deemed effective provided when placed in the United States Mail, certified return receipt requested, or placed in the hands of an overnight delivery service. As to the Developer: Lennar Homes, LLC Attn: Lorie Moccia and Rey Melendi 730 NW 107th Avenue, Suite 300 Miami, Florida 33172 With a Copy to: Gary K. Hunter, Jr. Hopping Green & Sams, P.A. 123 South Calhoun Street Tallahassee, Florida 32301 16 22 i As to the County: St. Lucie County Board of County Commissioners Attn: Chairperson 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 And a copy to: St. Lucie County Attorneys' Office Attn: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 D. This Agreement constitutes the complete and exclusive statement of agreement between the parties with respect to the subject matter described. This Agreement also supersedes all prior written and oral statements; no representation, statement, condition, or warranty not contained in this Agreement has any force or effect. E. This Agreement and the rights of the parties hereunder are governed by, interpreted, and enforced in accordance with the laws of the State of Florida. Exclusive venue for any legal action brought to enforce or interpret this Agreement shall be in the Circuit Court far the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida. F. Common nouns and pronouns refer to the singular and plural. Any reference to statutes or laws will include all amendments, modifications, or replacements of the specific sections and provisions concerned. G. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. H. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision is fully severable. Upon such event, this Agreement is to be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement will remain in full force and effect. If any portion of this Agreement adopted pursuant to Chapter 163, Florida Statutes, is held or declared to be void by a court of competent jurisdiction, the Agreement shall be deemed to be and enforceable as a home rule developer agreement in accordance with Florida law. I. This Agreement is made solely and specifically among and for the benefit of the parties hereto and their respective successors and assigns; no other person has or will have any rights, interest, or claims hereunder or be entitled to any benefits under or , on account of this Agreement as a third party beneficiary or otherwise. ~ J. This Agreement may be executed in any number of counterparts, each of i 17 i 23 i which, when executed and delivered, shall constitute and original, and such counterparts together shall constitute on and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. K. This Agreement shall be recorded in the Public Recards of St. Lucie County, Florida by the developer within fourteen (14) days of its final execution by the Chair of the County Commission. A copy shall be delivered by the County to the State of Florida Department of Community Affairs within fourteen (14) calendar days after the Agreement is recorded in the Public Records. L. Except as otherwise provided herein, this Agreement will be effective thirty (30) days after it is received by the state land planning agency of the State of Florida. M. This Agreement may be amended only by a subsequent written instrument entered into and executed by the parties pursuant to the procedures and ' requirements of the Act. N. This Agreement may be amended ar cancelled by mutual consent of the parties, and shall ternunate upon the issuance of the last certificate of occupancy far the last residential building as shown on the approved Site Plan. Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further development pernuts that would result in the generation of any additional required Level of Service impacts will be issued until a Final Development Order has been issued. Any application for a Final Development Order, except for a modification to an existing building structure, or site facility that does not require a new concurrency review, will be subject to all applicable standards and regulations in effect at the time the application is filed. Any application for Final Development Order, for a modificarion to a building, structure, or site facility built or constructed in accord with the terms of this Agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is , filed. All applications for building pernuts shall comply with the building code in effect at the time of application. O. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 18 24 . i i Signed, sealed and delivered ST. LUCIE COUNTY BOARD OF in the presence of: COUNTY COMMISSIONERS Chairperson (Print Name of Wifiess) Approved as to correcmess of form: ; i I, County Attorney j ~ STATE OF FLORIDA COUNTY OF ST. LUCIE ~ The foregoing instrument was acknowledged before me this day of ! February, 2009 by , as Chaiiperson of the ST. LUCIE COIJIv'TY BOARD OF COLTNTY COMMISSIONERS, on behalf of the Board, who is personally known to me. (SEAL) Notary Public, State of Florida My Commission Expires: ; i , ~ i I 19 ; ' 25 i Signed, sealed and delivered LENNAR HOMES, LLC. in the presence of: By: (Print Name of Witness) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this of February, 2009, by who is personally known to me to be the person described in and who executed the foregoing instrument as of LENNAR HOMES, LLC, a limited liability company organized under the laws of the State of Florida and authorized to transact business in the State of Florida. He has acknowledged before me that he executed the foregoing instrument as such office in the name and on behalf of the corporation. (SEAL) Notary Public, State of Florida My Commission Expires: 20 26 . i EXHIBIT A i ~ A PARCEL OF LAND LYING WITHIN TRACTS 1 THROUGH 16, BLOCK 4, PLAT NO. 1, SAINT LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND LYING IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 23; THENCE SOUTH 89°52'45" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23, A DISTANCE OF 2597.44 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SILVER OAKS DRIVE (A 100 FOOT WIDE RIGHT-OF-WAY), SAID LINE BEING PARALLEL WITH AND 50 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23; THENCE NORTH 00°13'26" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 2606.82 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF TILTON ROAD (AN 80 FOOT WIDE RIGHT-OF-WAY), SAID LINE BEING PARALLEL WITH AND 40 ' FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23; ~ THENCE NORTH 89°56'4T' EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 2611.15 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23; THENCE SOUTH 00°04'40" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 23, A DISTANCE OF 2603.77 FEET TO THE POINT OF BEGINNING. CONTAINING 155.761 ACRES, MORE OR LESS. ~ ~ I 21 27 ~ i EXHIBIT C ~ PHASING & TIMEFRAMES FOR CONSTRUCTION Silver Oaks Development Schedule Single Family Residences • Start Construction on Phase 1 SF within 48 months of effective date of Developers Agreement. • Start Construction on Phase 2 SF within 66 months of effective date of Developers Agreement. Multi Family Residences • Start Construction on Phase 1 MF within 48 months of effective date of Developers Agreement. • Start Construction on Phase 2 MF within 78 months of effective date of Developers Agreement. ~ I 23 ~ 29 i EXHIBIT D SILVER OAKS PERMITS / APPROVALS Permits for Earthwork and Clearinq Oqerations: S.F.W.M.D. Environmental Resources Permit Issued 7/12/2006 S.F.W.M.D. Water Use Permit - Dewatering Issued 9/26/2008 St. Lucie County Stormwater Permit (Engineering/Public Works) Issued 8/14/2006 St. Lucie County Vegetation Removal Permit Army Corps. Of Engineers Permit Issued 8/21 /2006 NPDES Generic Permit Coverage from the Florida Department of Environmental Protection ~ Permits for Site Development: S.F.W.M.D Environmental Resources Permit Issued 7/27/2007 S.F.W.M.D. Water Use Permit - Dewatering Issued 9/26/2008 S.F.W.M.D. Water Use Permit - Irrigation Issued 12/6/2006 St. Lucie County Stormwater Permit (Engineering/Public Works) Issued 11/8/2007 NPDES Generic Permit Coverage from the Florida Department of Environmental Protection St. Lucie County Right-Of-Way Permit - Dyer Road Water Main St. Lucie County Right-Of-Way Permit - Silver Oak Drive/Tilton Road Utilities St. Lucie County Right-Of-Way Permit - Silver Oak Drive/Tilton Road Paving and Drainage St. Lucie County Fire Department Approval Issued 10/1/2007 City of Port St. Lucie Water and Sewer Plan Approval Issued 5/20/2008 Florida Dept. of Environmental Protection Water General Permit Florida Dept. of Environmental Protection Wastewater General Permit St. Lucie County Plat Approval and Recordation : St. Lucie County Conservation Easement Approval and Recordation St. Lucie County Landscaping Improvement Agreement Approval and Recordation 24 30 ~ DRAFT: For Discussion Purposes Only January 26, 2009 EXHIBT E ~ i SINGLE FAMILY ASSESSMENTS ~ 341450106040002 341450106120001 341450106140005 341450107030006 341450107040003 341450107060007 341450107060100 341450107070004 341450107071005 ; 341450107072006 341450107072501 341550100150009 ' 341550100160006 ' I < - - - Formatted: Left I I I I ~ i i I I 25 ' 31 I DRAFT: For Discussion Purposes Only January 26, 2009 EXHIBIT F LOCATION OF LENNARD ROAD 26 32 DRAFT: For Discussion Purposes Only January 26, 2009 EXHIBIT F i LOCATION OF LENNARD ROAD ~ i I ~ ~ i i i ~ I ~ i I ~ i ~ i I i i 26 ~ 33 i . . : b~ ~ - ,~~~~~LS~A`3:'~~~~~~ - ~ sn~~ , ~-=t.1~ .1 . ~ ~ ti Y .P . ~ ~ . ~~c , . .-.:4.."k', F:- r _ ' k A ~ ~ . C~ i~ E. . ~ i ~ ~ k o- ~.y ~ y~ ~ . _~tt c~. y : . ~ ~ L:J J.Ir~ ~ L/ ~U : i January 27, 2009 Joe Smith 1800 Anywhere DR. Anywhere, FL. 34982 Silver Oaks - DVA No. 09-002 In accordance with the St. Lucie County Land Development Code, you are hereby ~vised that Lennar Home, LLCs has petitioned St. Lucie Counry for the approval of a Development Agreement regarding the project lrnown as Silver ' Oaks. The property contains approximately 155.76 acres. The owner, Lennar Homes, LLC intends to develop the property for a residential subdivision with a net residential density of 2.09 units/acre. The proposed subdivision will consist of a mix of 325 one and two story single family and multi family units as more particularly described in the proposed Development Agreement and St. Lucie County Resolution No. OS-021, for the following described property: Location: The southeast corner of Tilton Road and Silver Oaks Drive. A complete legal description of the Silver Oaks P.U.D. project is available at the offices o~' the St Lucie County Growth Management Director, 2300 Virginia Avenue, Fort Pierce, FL 34982, during normal business hours. The public hearings on the petition will be held at 9:00 A.M., or as soon thereafter as possible, on February 1 Q 2009, and ~ 6: 0l1 P.M., or as soon thereafter as possible, on February 17, 20119 in the County Commissioner's Chambers, Sk Lucie County Admini.strcKion Building Anner, 2300 Vrginia Avenue, Fort Pierce, Ftorida All interested persons will be given an opportunity to be heard at that time. Written comments received in advan~ce of the public hearing will also be considered. The County Plannuig Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public heatings, or provide written comments for the record. The proceadings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing; he will need a record of the proceedings. For such purpose, he may nead 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 proceetling, individuals testifying during a hearing will be swom in. Any party to the proceeding will be granted an opportunity to cross-examine any individual teslifying during a hearing upon remiest. If it becomes necessar}~, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services D'uector at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (?72) 462-1428. If you no longer own property adjacent to the above~lescribed parcel, please forward this notice to the new owner. ' Please call ( 772) 462-2822 if you have any questions, and refer to: Silver Oaks Development Agreemeirt. Sincerely, ST. LUCIE COiJNTY BOARD OF COUNTY COMIVIISSIONERS Paula A. Lewis, Chair ` ' . „ _ _ _ , = _ _ - _ . _ I 1._ E , _ F _ _ . ~ , _ , _ _ _ _ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W'9 : A A A A A~~ A A A A A A la j.A A j A.A A A A A A A A A j A.A A A A A A A A~ A A A y A~ A.A A A Ja A A A.A A.A A.A A.A A A A A.P A A A.P A A A A A A A A A A A A A A A.P A A C) ~ O ~ G~ (T (T (7~ (T (T CI~ U~ Cli Cn CT Cn U CT (T CT CT GT Cn C7~ (T CT (J7 Cn (T U(T (1~ Cn CT CT CJ~ CT CT U'i CT (T U~ (T (11 U Cn <D ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a y - ~ ..i ~ 0~ J p~ J J Q~~ ~ ~ 0 ~ ~ ~ ~~~f ~a Q 1 ~ A A .A A ~ ~ ~ ~ ~ + ~ ~ ~I ~ ~ ~ ~ ~ V ~ + ~ ~I ~ ~ V O Cn U~ CT Cn ~ O CJ~ ~I A A ~t ~ O (O O O~ O O O O ~ O O O O O O O O O O O O O O O O O O O J~I ~l ~I O O O O O O (O CD C.n CD N Oo 00 Oo N OD 00 V ~I ~l N CD O~A O W N N U O N-+ ~I J Oo N Oo 3-w ~ ~ W~ W N~ W W N A N W N.A W O O N N~~ O O N-i ,A O N O O O -i O O N-+ ~ W O Cli N O O O Cn U~ O O!T O CJi O C.n O O O O O CT Cn O U~ CT (T O(T (T O O Cn O O O U'i O(1~ CI~ U(T (n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r A~(O ~(T V O N 6] W U~ CJ7 V A O] W CT (O (D ~l 00 ~ O W~ A W~ A W O N(D ~ N W(I~ O~ U7 O a(p fD ~ ,G i ooDr2mw~o7~-;U7C~1c7;AZ~~;OZm~1~-ZZ~cncn2G~cncn--~wp-~-IC)~7~1~c~0 -a o fD~~~~~2~~2fDOm~woon~moovovoo~,n~~n~v S~mm~~vvmv~m m ~ Q< u < ~ 6~ Q° n~ o~~ ~ o < v< x ~ 3 ~ m v w~ d~ o a ~ m <'o n~ ~ o m co d m n> ~ c~ > > > . ~ . m > >c m ~ a m ~ m m ~ ~ m v ~ 2 0 3 3 ~ a ~ .Z ~ a CU .Z f/~ Q) 1 ~ C_ O O ~(D G • f/r m n m ~ ~ ~ oo o~ p> 'o N O~ O y aC)DG)~~`-~`-Do~u~i ~ ~T~ mm~' ~ ~o ~ T~ ~ ~ ~ m m S~w n~ m7C~ cn -nrcn y,o ~ "a r~~o ~n, ~ ~ ~ 0 2 p m m~ m~~ m~~ ~ 2 ~ a~~ C~ <m nC o~ 5< n m~D ~D c~ o~ o ~n g o~ ti ~(D y< d N ? ~ O~~(A N~^ n p C N O< lD y fp 61 ~-w N~~ 7 O O ~ m~Z~?v~~Zvi.zo n~o3~ x~ v_~N~c~n~3 ~ -m ~ ~ m Q~ 3~ m 3 m`~° m~~~`~ in~ o m 3~~-o ~ u, ~ ~ v~i m m 3 ~ r ~ ; ~ ~ > > > > ~ m N ~ ~ " m 3 ~ ° ~ ° ~ ~ ° m ~ ~ I ~ ~ y- u~ ~ a ~ a~ a , ~ L ~ W d ~ i p7 ~ p7 O i ~ m ~ „n. ^ o ^ x p cn cn cn p~ m~ p p-i r 2 tn C~ ~ C~ ~~o c~ p--~ a~ w d v cp o co m o o'~ m o ~c c v ? n~ x o > > > Q~ o Q o~3 -~a< ~ ~ > > ~ ~ x ~ f ~ a a a w ~2 0 ~ ~i ~ o ~ ~ ~ _ ~ s 2 ~ ~ o ~ r m v d m,~rv m < m ~ S ~ ~o o =y n ~ W~~ m m W D W~ m n~i ~ D r ~ r ~ p a ~n ° ~~~T o'~ 2 m'o < T. v m z~ tn ~ c~n m t~o ~ a°. d ~ 'o ~ ~ ~ o co ° m ~ `°c iv ~ ~ < ~2 a~ m ~ O N. m ~ n ~ v g N ~ t~D ' m m m ~ ~ ~ ~ a 3 o I ~ 7 ~ _ ~ ~ O N i I v ~ ~ ! ~ i ~ ~ ! 6a1 O y ~ i U/ N N ~ w ' ~ N M ~ p I~l N N~~l ~l ~~I ~~l ~I J CO V7 N p ~I ~l ~I J~I V-~ N A 00 A N Vt N--~ ~ A~ N N A V(D ~ D v~ (Ji W J~ O~I ~l O~l O V~~~ fT CJi U~ j U~ C1~ A A 00 A V W N O cD O Oo Oo Q N Oo c0 ~l ~(Ji ~ O a C) A-+ W Oo .A A W A W O~I U~ CO W U~ ~(T N O O ~I N O W~ C7i O O 00 N O~ Oo W Q~ U O O tD 3 ' N Oo W CO O N O~ O Oo O W Cn O ~l ~~(Ji N O A CT ~ N V O W O O O W V O O QO (1~ ~~I C~ j (nO~~O~ W N W NQJ00 W ZCO (n~OJfnCna7(nfnCnm_IfD TZ_IZ_I i~~ N ~ ~ ~ `G 'G Z O O Cn O fn O O O<~G fT1 ~ O~ ' O S~ - p) 5 X I ZS ~ ZS~~ p~ W N i C(D (D C a' Q O' ~ Q' Q' W fD (~D Q N< Q N N< Z p~ u~i ~ p` p p p N` p ` T~ Q p1 ~ I ~ G(~ f~ ~ T('1 t7 n N Tl n 7~ n 7 7~ N~~ ~ 7 7 7~ 7 (D G"~ ~'G t0 .N.. Sl: 6l ~ N~ N N N N N fn 7~ TI TI A TI W~ N~ O I ~ naw a... a.-. D° w p^ ~N p?~^ C)~ ~~~rn~ ~ ~~fD ~~D ~~~cn< ~ i'~ v~`^ y ar aa~ aao r.~aa~ C) n~ ! c c n~ c d c c c ~ N S c ~~c c~~ ~c n n~ d m ~ n_ ~ O ~o I ~k D = _ _ ~ ~ o = ~ ~ - ~ ~ ~ ' ~ ~ ~D ~ ~ o 0 00 W ~ ~ ~ ~ ° D ~ t~ < ~ r II ~ ~ I ~ x* # ~ m ~ ~ ~ ~ ~ ~ ~ i w w ~ ~ N ~ ~ ~ I v~-n~v~vvvv~vmD~o~~~~~~~~v~~m`-n-vvv~v~~-vc~c~g~cno c~ a 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ o o~ o-o o,~ ~ a ~~~~~~~~~a ~ ~ ~ , cncn~ -.cncncncnc'ncncncn~v cn c'ncncntlnc~nc'ntntncn~~? c,nc'nc'ncnc~n~ ~ c~ncn~'~v~`° ~ i r r r r r r r r r r d r r r r r r r r r r ~ c~ r r r r r Q r-o ~ m r ~-7 I C C C) C C C C C C C C ~ C C C C C C C C C C.~ ~ C C C C C O~ C . Ul C `G ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.o ~ m 3 ~ s i m' m m' m m m m' m~ m m ~u' m m' m i m m m m m m~ Cn ~ m' m m~ m m ~ m~° a w~ rn I m ~ ~ cp ~ N 67 N ; ~ O ~ fD . ~ I ~ I T T1 TI ~'I TI TI TI 'Tt T TI 'T1 'Tl '~t r T p T T T T~'i T TI ~'I T Z T TI TI ~l '~l "Tl TI Z TI TI T G TI T-I fJ fn ~ r r r r r r r r r r r r r r v r r r r r r r r r..~ r r r r r r r n r r r- r r X v d I. v ~ I I cawww Wwwwwwwwwrnw wwwwwwwww~ww W wW Wwr.~wwcaoW W ~ N A A A W A A A A A A A A W O~A A.A A A A A.P A.P ~ W A A A~A A A V A A W O W A V .0 fD (D CO cD (D tD c0 t0 CD cD tD A U~ (O (O (O CO (O (D (O (O (O (D ~I j tD f0 CO (O (D (D A cD CO O W A c0 W (li (T CJt ~ CJ~ (T U~ (I~ (7t (T U'i C7~ Oo O Oo fJi Cl~ C.)i Cn Cli Cli CT Oo C7~ (O Ut (1~ 00 (T (I~ (1~ N(J1 CIi ~ N O CT V C7 N N N~l N N N N N N N N~ U11 A N N N N N N N W N~I ~I N~ N N N(O V N(T A t0 N CO O N W W W N J~ N N N N W N N W N ~ Oo c0 A A~J ~I Oo ~I W Oo ~ Oo Oo ~ Oo ~ (D O W 00 W N (O N W OD O(O (O O(D ~ W W U~ (T ~1 00 O O O O~I V O~I ~ 35 DD w w w w w w w w w w w w w w w w w w w W w w w w w w w w w w w w w~ p~ ~p -p j j l~ A.A. A la A j.P la .P A.A A A A.A A A A A A A A A~ A A A.A j~ N N N N N N N N-~ N N N ~ ~ j~. A A A~~~~~ A~ A A A A.A A A W W A W W W A A A A A A.A .A A A n ~ O ~ n CT U1 U7 U7 CT (T N U U1 C77 U7 U7 U7 CT (T (J1 U7 V~I Cl1 ~l ~I ~l Ui (J7 U7 U7 CT (17 U7 C)7 CT CT A . ~ 000000000000000000000000000000000 a f/1 ~ O O O O O O O O O O O-+ ~ ~ O O ~ O O O O-~ O O O O O O O O O O~~~~ O~ 0 ~ ~ ~I ~I ~ O~I W O O~~I N(T (1i O~~ O O j O O O V~ j V~ O O W~ O O O W N~I CT N~~-~ ~ O O O O O O O O-+ ~ O O O O ~ CO N U1 OD V OD O V m V? O(D (D (D .A W O) N N~ j~ N W~I O O V--~ V 3~+ ~ O O N O O O O O A O O O N W-~ O W O O O O O O O O.A W N A--~ O A O ~ 000000000000000(T 0000000 CT O Ui OCT OOOfTO 'O ~ ~ ~ Q ~ ~ 0 ~ ~ 0 ~ ~ 0 0 ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ Q 0 / " CO CO ~ N O N W W W.A 00 V7 O A N(T OD O N(D (D W U7 W W O N~ 00 CO ~ frp ~ 7 K ~ m ~~TO~~~t~m`m m7Cn`~ ~OmmDG~O~ o ~ ?TO ~ y 'o 0 w~ Q m~ m~~ ~ a m 3~~ a o m d m m~~ x 'o ~ > > > > ~ ~ -o ~ ~ > > ? co - = m y d ~ a ~p ~ ~ ~ ~ c'~ tD ~~>>~~~m s o~ydmaaoo 3 m>>>m~D ~ v+ ~ p~ N cD y' a~~ a N N`~ 171 N~ ~ Oa p~ W~ v~ O iA - y2moo~T~~~' ~=p' ~`~~2 c~o o~ o D~ co ~~m~~c~2T~ ~ 5 ~ o c c o o w ~ m ~?1, m~~>> p~ m ~ n~ 0 7C ~ N ~ ~ ~ ~ oo d m ~~o .n, ~ n f ~ !A ~ d f~ 'D N N t_ G C~ C'1 3~ O-n cn~aamv,am~~v~3<~vm ~mm°~o~~~r-s-,dQVnc~o A o0 . p(A f~ (n ~'D ~ N~ 3 Vl~ (D ~ fD fD ~ N (D y IV ~ ~ N LT p~ Ul 00 ~ tn (D fD (L~ p p) O > N N N N N y p) ~ Q ~ y 3 n C~ C~ = y a m C/~ m ~ o c~ ~ c~i G tp O O ~ ~ N O ~ - _ ~ ,O 'D 'D ~p ~ ~p. Z7 O ~ ~ ~ ~ ~ r, ~c ~ ~cn0om n r~~~rprr D p mtnm _1 -i x o >>~D~ ~ a ~ ~ ~ ~f ~ m m N n~ a~ ~ O TI ~ vi D D n~ m Q a~ ~ o = r~~ v ni <.~t~°' ~m~~ D ` ~v m d ai ~ o S 7~ ~ 7C a ~ ~ ~ n~~i ~ v~~ N h=j ~ ~ n~~ o f a fn ~ o m - m m d c~ ~ u, ~ C~ C~ ~ m c m . ~ 7 Q ~ N N p n y p) N . ? ~ N ~ fD N ~ ~ . c0 ~ fD p UFI oi I ~ j ~ 4~ ~ A . n d O o .D ~ 01 m w ~ ~ p~ fD U! N ~ ~'IG N O~ ~ p 00 W 00 V N A~~~ A N N N V N~l ~I N N~(O ~~I J-~ O) ~~I CT V~~I D N A ~ O~ O O m O L V(T V O L~ N O A-+ ~ m~I V A-~ ~l 00 0~ O~ A W A O A p, C) N Cn W O O ~I ~ C N W W~ O O N N V O N N N O O ~ O W O O N N O N V a N~ N~ O O ~ p~ T O p~ O O O A~ O U Cl~ CT W CO W~(Ji n O~~ A W A CT A~ ~!p -'Qcncn W ~ m ° ~ ~ ^'m ~I_I irnmm W cncnO ~ZCncnd ~=mcnpc~ZCn ~ Q~ N~ CC~aN aaa~r, --=n~i ~°a°6~~" ~~<~<m' _~,Zm m n~i ~n~i y ~ ~mtncn m~mm~m~>>>>>v,~~DDNa mmv,~~v> <o ~ ~ _ _ ~ ~ ~ ~ ~ a d ~ > > w o ~ Z ~ d v m d d n~ v~ u, cn O O m s cn ~ ~o ~n N -o~'~ ~ > > aaa~c,Y ~o c m v m C~-~41 ° ~ Q~sc m m m n~ _ ~ c D D~p >>c~c-- a'~a= a f F~ m m m Q Q O O O n v~ ~ ~ ~ cn > > > S o o ~ < ~ a _ r a~ "Z ZZ.~ ~ ~ ~ ~ ~ ~k a N ^ N ~ ~ ~ ~ p W co a < c~ m ~ ' ~~~~~~~~~vv~v-o-o-o~o-o-ovvD~~~~cn~~~~~~o~~ C~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o w o 0 0 0 0 0 0 0 0 0 0 0 0 0 o r; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ d Cn.`~~DCncnv~tncn~ncncocncncn~cntn~~c,nc,ncntn~ ~c~nv~cn~~c~nc~c~~ c~n°-' c,n ~ r v r r r r r r r r r r r r r r r r r r ~D r r r r r r r n r~ r C C C C C C C C C C C C C C C C C C C Q C C C C C C C O C C ~ n 3 c~ c~ c~ c~ ~ n c~ c~ c~ c~ c~ c~ c~ c~ c~ c~ c~ n ~ ~ ~ ~ ~ ~ 3 ~ ~ m' ~ m' m' m' m' m' m' m' m' m' m' ~u m' m' m m' m' m~ ~u m m m~ m~ m~ m m N m~ m' rn N 'O p~j N S f0 ~ fO~D y • TI T"~1 '71 T1 T TI T T T TI 'i1 '~l 'T1 'Tl TI TI 'Tl 'Tl 'T1 ~l ~ T~'I TI ~'I TI T'Tt TI 'TI 'Tl "il TI T1 ~ r r r r r r r r r r r r r r r r r r r r r y r r r r r r r r r r r r r~ m w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w N ~ A A.A A A A A A A A A A A A W A.A A A-~ A A A A A A A A A N A W A~ (O (D (D (D fD CO Cfl (D (O (D t0 (D CO (O O CO (O (O CO cD CO c0 (D (D (fl t0 (O t0 O(O A tD ~ Cli Ut Cl~ U1 (T (T N N CJ1 CT Cl~ CJ~ C77 U7 O U1 Ut U~ C)7 W U7 00 (T CIt CO (I~ CJi 00 CJi A Cl7 Ui C~ N N N N N N N N N N N N N N A N N W W(O N N m N N W N W N~ N O N N W N N W a fD (~p A V V C17 O ~ C1~ W V 36 ~ OOMERfiC IMPORf MOIIfETO NOIICETO m ~1UTUMOBIlEB AUfOMOBREB 7IIUC1(8 VEItlQE6WNfiED CIEDIf01~ CREUROIIS REQ{kEfFOREID IIEWIESfFUR~ M07~EOf8ALE MO7ICEOFSALE fDIMIYCOO6 LOIIi-G%6)0'06, CpEV~~OtET - 211 yyTy~{5p{ Eece4ent end ot~e~ FOpEVERBANNE0. et SP 80 6 US 2>. Bw'mess Errterprisa 3495I. (]~21 B]6~ KeVly Penkin ~ Mouse~ ~ 0 ~atdim.:vnppcuaes NuNpeytIlo],rt Inutletl !aie ~e 'OS 1BK yp~~6 WAMm personc, w~o ~eve NOiWITHSTANDING W~en ep0~oec~inp perOapeUm. )191 , ~oltl gootls, furni- ~ . V v pnore nypppOp~ SI SW~T1D33{8351~ pK,~~y'pp~¢~~' ~~eims or tlemenES ANY OIHEfl APRIG SouT Bey, vey nBM CfTVOF p~d, due no ce ~ev~ ~ e, Daxes, TV;Si~ benrn6cereme ~BiD]95106t ~,r[Ip¢s&Ges4¢ eBeinst Eecetlen~'s ABLE TIME PEPIOD, 1o11owinQ sipns ~o fOtifREflCE inB ~een B~~en, ~o u' - T ~"~ya,^w~~~re ~ oD00E. ]50095GUea CeY~p ~61-]~016 incluEin9 un. ANY CLAIM FIIED SoN~ BaY & pev.is. LenoreCbNn the ow of seid Jaae Plen~e - Nouse~ ~ ~~~re cnb marka111 c err N£l10195RN melurltl. con~inBent TVJ0121 YEAflS OH ton m US t). ConOm Purthasin9 popeM~ann e1l per. noia 9ooes. turn~. ~ ~ ~s~~e6 ~F1t16•LS630'OS cu~~ ~~ererN~nq or unlip~itlaletl MORE AREX OECE~ ueNatl~onUSYlro ."ipcialirt kz known m claim lu~e, Doaa, spoMing ~ m g.y_~~~y L~Ma,CO LoaOetl e 551a r~ew ~~g~^` ~~eims, enE wlro OENT'S OATE OF Fa ene Ptl,SP 83fi. en in~ereu ~~erein. 8ootls ~ools, appi.. , IA y~~q~g fesi sel S18.BO0 ~~~p~ ~eve Dem smetl e DEATH 5 BAPPE6 Lef~ e~ Bo0 Deen Publ~ah: Jen. 26, enE me I4ne spxi- T~%Stereo, oili<e C ~ ,~T2>~'~~ ppry sipn on lefl Feb.2, E[6 fied in such not'se t~rn. 8 mac~ines. ~ ¦-IManpi~erGO n~M~O 0~ra~n~ TI3~5%Ofd] ~GY oi l~is nolke. T~e Ue~e oi firsl Su C ~ a ~ pi CO ~~E. fA9Y fu luv~ Cers musi Me ~lieF clurns Publ'rca~ion oi ~~is sitle oi roeE. Turn 1981Z/6 to~ peY~m ol suc~ ~onar, eQUip. ' O ~ 7a SooH VeMe ~rc T"~ M°~°'~~°s '~4~~ ~~is coun ON ndix u Jemiery 34 lefi jus~ pes~ BoC ~rvmB yW~~~, ~he Ret~y Pife ~ House- Bi~inOAree ge~fo,rvq OHBEFOFfTHE 200A DeenSUpplyon~oa poo0swillbemltlet holOBOOtls,fumn~re j I~ lE%U9~ L5~60L 'DT, aueleme~e,rew ~'~~t ~ IATEP OF TIE M?E iwo~lene roed IHOO~ dic aucuon el ine h'iiliem Kammer ~ ~ U ~y m iORD ~ Mu e 0 ~X o6M mi, ameine¢r 6re5.4 mnd ~m^~ m'bn'~~ Conv •B9 ~cyl Eac. ~}y~yyy. ~p y~5pp 1MAT ~S THPEE (31 Pn»nelPepresene~ Mers Point R01. Fieltl NO7ICEOFBRtf ~We naietl etltlress House~old qootls. O 0 ¢W~EBI~~195~fi9~11 to DOk mi ATp3~i~5M1 MONTNS AF1Efl liVe Ste~un is m ~~c ktl ~o ~~e ~i8~ez1 pi0tle~ ~umilure VUBI.IC NOTICE ~ « SfiDIDOT}I~4216 WEBID196DIb THE ~ATE Of THF R1Yll6PO5T For tlireclions tall r olhe~wise tlis, Mery Mn BeeulwE ~ U ro~o.r 5[. MFBa~~o~ i~ o~ee~ ~o se~~sry ° p~p . n~ ~p5 wMe FIPST PU9LICATION MNAY DESANTO IB83~ 883-143t. Ste ,H tl o t o, Nouse~oltl qootls, ~4 • IF1tLLf -R%i00'~l, ! cyliMer, auto, ~ S Q OF TNIS NOTCE OII 32 WootlYnE RrtIS ~+sil wil immeEltlely are~o~semen's N,°~s estley. FeD~u- furniture, Coaes, Ruro.leafier. 69M mi. NS tir~- tim. t~e PeapenY W I ~ •a ~~j Sunmv13u9BB Gwiqavs,ru~s6 ~TCa~r THIPTV~30~DAY5 HytlePUkHV folow. uy~~,Zpp9 TV;Stero,olfice un~~ flul~ S~erP. = O L O 1( ~~.lewu SE5 1T1~110~lM ~~sm~'fl45m N1EP TIE pA'IE OF 1]538 AX DiM rtwal wMOnn (sl <23 x+ll be e9uiP. office me- ~ m 'r. owne ~ne~M ~~p ~ ~ysy~ SERVICE Of A COP'/ b ~~e msliuc4w¢ in soM e~ W61ic yok Kelly Fouc~ - Fumi- clwres,eeci recatls I .e~espy4w toyy OF IIMS MOIICE ON Momry for Versmel ~lie Pepuen tor BiE~ urt BoMCx, P/;St~ Fnnk Grlm - Ibuse~ ~ Q Q T 'n~~~c c i0 ~ppNG[P'OS 9k tvetlpctlor~ TMEM. Pep~eseMelive C e ~ s ( P F B I. ~~w~en 9'DD A.M; ~P ~oltl Oootls, boxes. I WEBID195'i6j3 ~ entl 12:00 P. M. ~ ~ m~etl°1fO• Nla~ercreCAOrsofCnNesE.Ney,Ec Interestetlrv- °~'JessiceTjapkes~~ods,furnnure ~ N ~ ~ ~,~d.~ IOtlp-RT330V5 re0 c . F~1C duNPrectorv]m ~~e tlecetlen~ entl FloriOe 6er No. Febtudry 10, 2009; LL~ ppNRtlk,SUnmpf ,39.BU0, spontlen~smeyob~ Mo~se~oltl yI Conv.]6nml,Netl. . a~:5T0R4GE WESi, gootls, I Y ~ ` Q T ge~p~ ~prt~M, f2l ~~~~p~ 2~ ~bis y~yy~pw ol~er persons w~o G1019B1 tain e copy oi Ihe fu~niture, Doxes, Pubfis~: JanuerY 26, C Iwce F~rt4e T~ g'~~ m39t~9 ~eve cleims or Oe~ BB) E. Prime Viste comqek Xf8 b/ otr bZ6 SW Sou~~ ~d N.St>m k0. 2, ZI~ Q O O fp 318~88 ~ iMD-PWer•a aM~ SLCiNC mends t~e BIM. 'ninp e CD for M~cetlo BIVO, Pon Robert Silvin Nousc~ 1962611 O epeinsl M ~ C n~~ ~d~~~ m'~9 tlecetlem's es~Me, n~ Po~t 51. Lu~iv, FL Si00 ~ ~~e e~ove S~LUCiSF~]~989 ~oia eooe:, +~~o~~ O y~ ~ ~ R~O„ ~ wEB W~5S% cNtlinp unmaluretl, 3/BR tltlress, bY cellin0 we, Goxn, sponinp I vueusn: Jeouan z4 ' IL O 0 W 0 HY~d•LMer.Sun- ~m~ omPUmer~ ou~ee eE ci,lin~:, Tnasnone: nz.aae. iec~ne ~ne~i<.no~. FebwiY2•2009 a~a:, ~~i:, rvrs~~ FlND OUT i .~a.n z.s g.. ~ea za~ ~a. esnr, c„a ~o o sseoo. w~ ~n~. m~ eio xoruHe aoo-'~z~s Grtg EEBeM - lbuu ABO,,UIT 7NE i Lel ))3~]66~251D ~ w ~ ~hi5 Cou~t Pub: Jen. 26, FeL.1, F/3~5M0. T~e Wblrt holtl BooCz, turni~ \ ~ ~ L Y ~ee~p~g~ ss~~ WFBIDI%61819~55 u~m~`~ W~TNIN THflEE (3~ b09 letl lo ellentl P~~O~~~ boxes, spo~inp ~'y~ QF i ~ TOYOi11.Tecome b2 is invi In ecco~tlence wit~ yoodf~ ~ools. ol~ice J W~ r ~ Oreet tonC., V6, M'U~M UMO be. MONTHS AFTEP 196161J I~e bitl openinp. Im ~~e proviiione of ~Rt2[ITI!'~/~ ~ W ; ~oNTUC - eoH~ femo. een a en THE DATE OF TNE firtntlion m Ne sie~ turni~me, consi N~~enrr~ a i EVILLE 9] jjZ:~}~.~088 8si0¢tloors, fIP$TPUBLICATION IusM~~iSSOYCM1e~on Setelew.lherebe, ~ U = ~ m ~FO~sN 151.000 ~md - SGlO'0; ~s ID l%2~i~ ~ 7 PWN WMte/Ian Obck, Okim in8 tlue en0 unpeitl ~uip ~i~ '~itli°i at u9gg 9gg=9~_)yg ~TNISNOTICE. cen be o0teinetl e~ c~n~qes 10~ wA~en Elvie Castellenos - ~ ~ lealh@,LOwMlea, i0Y0i~TwE~~'00 y ~ vs;e~coi.e~z: ce~mken3gre u,ve,ero,:oac "`'~°q1~~ ^~~cunrsNO*so~~Fpp~ o~...~ns~~e~ ~~~~„ae.s~oaea~s H°usenoiaeooas,T!eaSUreCnast ql ~ ~a zwo. ac, ow. ns~sa~w ~.~~k. o.onw~o-vs FIIED Wllt BE FOP~ IIEWE5IFOP BDS `""",.'~""aao.~- nantd ~o ~.~srv ~'"'n~. m.~: Ciassifietls ~ e.~~bK ~a. ~ s~uinii.naas ~o smm ~ e~nenw~o- n: rm o+m~ eerr c~~i~~ - i a ~ W 'C " • ' ~4~T~ ~ NOTWRNSTANDING ~q~}~~~ P~Otis~:JSnuery28, House~olCgootls, M m °•~•s ~0. c~tot~p0'O6 32K ~pro ~ THE TI~& PERqDS ~'LLL3qLV.ELL ~ e~~ ~a~~ lurniture. boves. lC~d~iT1.CGRt ~ V/ U W y e~~es. 525 Myp~ ,~wete M1eS E'~ ~ SET FOPTH RBOVE. ~~P'~• 1%C689 I oeo. ilZ.~oa. 01 Lonr.. Co ~a~~'U62~ HENpiVCWNTY. ei UNC~E BOB•$ sPOrtinp Oootls. CIi551fiPCl d 135,wlfMevs 0.etl, 5 SpU. 2oom ~Bro~~3 ANV CLAIM FIlEO 0.~~ ~~p~~ SELF STOPAGE lo~ ~ools, eppl., TV15i~ Vrte ~D HSi361 2oom 2oem SU ro TK'0 (EI ~~5 OP ~ N J9 VI1LfilES ce~ed et~ 8531 °G° I M W[!iro ~195s~16B~ =3 MOPE AFTEP THE T~~ Soui~ Floi Oe AIJi}iCAffV SOUTX FEDEPAL ~oevenn- Pe L • ~ 1w~ F.~fUt[ DECEDENTS OATE Nouse~olE p tl i C U ~~'b&q~ YAN$ O F D E N T N I S Water Man p men~ ~U C E~,vFlOP10A i~mnure, boaes O ou. a~ ess~f~ee ~ppy,sg pep~ yk, ~PEp D will ve FOltf RFJiCE. ' 01~~~~~ m~ CpYYEI. GMC LIO IM Eitls ~ uB~ FLOPIU~ N ~ wwc . .p"~,,,"i?z. ia.~m se, ~n oea. n's d° p~ p a"~~ ~ ~ C Y ram n~r a. ~""[e u is~m s~m. m.Siemn ~ r i n n vroc~2 a. . I ~ ~ C~ MEICFOE6~ENI s ~ .~Y Jenuery242009 ~ ~ MA~1~tim~P f3IDCO .'95.ercGRYlIQ-T6CTOV ~Yi!^ p~y y 'a' ' ~ 11~~E ~1~ ~ ~ U, 96N mi 'p] I¢efMr beNE _ ` ~ ~ i CO C ~ 'Car 9~~opplrg in° aoo m~so s~A wi m, n5',ypp, cmi wa"~`n a ..m ba ~ 0 y~ r WEb10]%tOSi >II~5fiI~~0331P INDAPOSENONR `yNltl CB Ne~ ~ byMeC'[y ~ ~0 a ~ o e°~~ ~s~sooopa senzie ~ ~~s PemnalPeprts ,m „y ,y ^ R„~,. F~ BEFORE THE BOARD i Z ~ Q ~ ~ bx~. M~pco ~!N mi., re 3~ ~ns yord, 33 MeFS4c Wey n on Tl~ursEey, (eb Pieice, Floride, i 0 F CO U NTY ~ ~ Tqs V2 Io19Y~~6~i ~ ~~yypp~ 1onPiacaFl 319JB ruerY Z6.2009 e~ ~heoifimofMeLl- c a~ ~~~•~„~~o GPS. ~;ffi~VSL z:3oPm.~~~„m~. .e~~o.o,P,o~„e- COMMISSIONERS ~ ~ , U ~ w nemaev °amne ~ ~en x.~een ~11Ck At~orneY tor Person wnkn emeM we~ .~vrt. ~~rii: m^.~° °~°F.°,°,°~.°. "°"a ~~o"~°: mm`"°`°_."'~ ST. LUCIE COUNTY, ' N N ~ i~~~r~•~:..,,. ~°D~""'. .s~sFVy iy ~c+ma oa~~a.~awa~ur amrat CIASSIFIED f9k61YG.]S TOQ~I~s TNOMAS P. GAfl~ rt~E- WorF cons's~s 1M1EDNESD4V. I U Q cn o~ ~ o,~ ~LwBqtl6~D~1 ~~'P'~ FLORIDA Sq~^ro!°~^1°'> Thomes P. GaManE. ~miLr'vi9 ~Y mtr fEBIN1AflV 11. Nf9 IW.~M - Waime 93 .,~LpCST~pgS, ]~YlneYpN 1<rieh.leEOr.lools. 'm Y~~ f19s5i~1:3fiI33~E~ n¢w~~tirvs6DMU; MM1Xepp~eLnMC FIaQiEe6e~NO.be9uiPmenlre.ivhmi{hinp: ~ Qrlll~ NEE ID 1f.~0.9 d lool¢ rew lttel ~e~lion 8095@ a~.m t« e~oimo~ SIM~N~STI'061Bk 51MSA2d35J6fi1 ~y~~.rt~~ &remvvelA'sir~ ASPNALTREPAIRS NOTICE OF INTENT ~ ~ N491D196t395 CotCNVwspeO~ 1914 S.E. Port 51. a iooiie°ii °}is°,ioo w~~e ewi~v.m ~^a a sae~ a~aue s~. ,O ~~Op~onpym, CI~ SeEOne E%'~5 Tpyp qSwJ m poil St. lucie. FL ~«slruclu~e. Supee- in eecordance with ~ pKM~ Eo 2.i9t.5213 ~4155mi.0~0e0. yper~pc C ~~F~. Wfs~~~~ 26mp LSW MC4fsifiep~ ~~2 +~~W~sMNher~ dnei{edaP~itica- 1p 'nMekltMroreil Tovm~-camnror. e9rii SEz.ab9s: s.ao~. 11121331.11]I W~vetl wil~ e new tionz avai~ebla tiKkmvuu~w~b ~r, xnitrir.n, ~~6~ wen~eeseaco~c.ne uoon~aeueainihe DVA No. 09-002 O1~~w~ u;~ ~o~~ nuary 26, s4D unn iupers~iuu offim oi ihe Dirao- a> ~ s~;~ „~.w. ~.o,.•a. p. ~b~,.~: ,~.5~~„~~~2~0 SILVER OAKS P.U.D. Ks Met siirplb Y5. FeW W 2. 2~OB ~ ~ 9 ~?BS, A/c. MiFM, ~862132 ~~Mebilna~etl entl Ciry Na~l, 100 N. i G0, CL, n/C, P~~ e~te~etl lo eccept U.S. 1, fort Pi6~ce, N ~ ~ m G~eM mn6 Gempe~ new supercVUe~ure. Florida Copea o{ Notioe is htteby g n Aet in dence with Section N r ~ iOYOi~ ~ Lemry 91 kepf. N ti~es. q~~~ol~e nc2ese Iry 1ryE CWMY 1_OflW M N~e $L Lutie CW,rty Lend Devdopne~tt CoEe, fie sp sMOO. nx~2a3~ono6 AoProeah wor4 in~ the bid dowmems St Lude Counry Boatl at CounN ~~isionas imenCs to ' ~ ~y C ~T~~S S1DS lRa~d235 WE! ID l%6I/5 ~~4ei etr+emz~ Cp~qi fpq ST. LU~ cludes con~re~e ep~ e r a a v e i I a 61 e ~ ~ P~a+ ~ Leins Hortes, LLC tor tM eppwtl oi ~ ~ k W Q ,WW-M'0). ~sID1963015 ~~K ,~~~p inp.tleeEfne~o QE yoecn s1e0s, WerE. elecvonimlly hom e De.-tloprrcnt'e~,?~ (DVA No. p9-0OIl re tin he I ~ ~y~ m ~ e~m~ IOVOi~ ~ Cemru Lc. c p s r, Were enlegel etl is [pUMV. FLOflIOA nis, pnEinB 8~iqrv tM1e Procurament Oatr P.U.D 9e~ g t S249B8 :5, iaeM ~ n-! leat e~. p. r uets. dv PPOB/TE OM90N ~ C T1Ma0M dr^~~la Wit ~ r msN cana~ fAE HO: M OPIIONAI McOid me I er Wmt m Is Tha A~hfic Fbs'si9s m ihis ~retKi ll be htld beFOre fie 5~ i 3 ~ ~IIpey TOII " 5~9951T2. ~ Luae CounlV BOmd N Cau~M1Y (brtrt1isYOners m Tueaday i. ~ Like !1e 511995 3Y~B6tb ~ '~2~CP~Ot318FM con~erence will be nora~a.fOrt-piarv 10. YOOB el $Op AM. and TuaWey. Februsy 1J. ` a0wm~a9S N48iDI9SB~ 3&191FS5 ~Na et IAe SFWMO cnil.us a on the 2pp9 at @p0 P.M, s soon thaeafla s posablG m the ~ ~s b~3 ppyg IN pE: ESrATE OF p~~r~ Fbld S~a~ wab 'te of De- o~ Cuumy Comrtin(im pw~ba~s, qogs Ponres Ad- ~ f. ~~"~fOOS~~Tww'~uis~..M ~ RrvttbMTlnMi ~,Ia16NOOkersmnnd5tar.com ~~~~~~.~wP~~eAvmve,F.RerQ,Roridn I ~ a 0 Q en riumi y~0 mpp~ Exc coM. f1BOD. ~ Deae¢tl tio ~y ~~n9 on I we ~ WI lTLd3t~5B01 , p~w ~o puqice~ion Poin~ fl0., pewis~on. Iwww.Camantlster. W~r pers i a~dp M ri~h~ rtmy be M'EB ID 195g1i ~~AS~ ~11fl8 q 3YA0 on MmEey, mm~, hmA end ecmE upon. Pll rnaesmtl i ~ ~ o Doo~ e5o~teii aamd md be haad Wrimn m~mwm ereivad inmed en~e rizr~.osn varo.sso.•w. cxermin ~ ssn •os v d NOTCE TO Februer 9, 1008 el oi Me Wdic h~in II dw be hestl. Mientlman<s fi fia ~ ~ weem~svma z~n~.eo o,.,~ c.. ~ti k. eieck a+eortoas ~o:m e.m. o~~~~s: rna ac o+ Fori i a ` IIDrifF i0 ~ .esa: o°rivon nev ne ~.o~ e~c ma wuic nea;~a. ~ Z ~ ~ e. ~.~~sm o. eoo nne new ~rt~a Tn. eammm~mr oi wev o~ soum~~n rea.ca enco Q vsu con., •m, s~zroo. iai.ooo iiz~nawn me auie o+ m i eVn excud.pkmi m.jy.r,~y µEOiD199t35 Mks &vtllSRBO. Tum kfi Minority/WOmen The Siher Oeks P.UD. mr~piru epporirtettly 166]B ev~ of ~ WFB W w 145Ri~ W THE pPCUR nrmu~. aeceesea. ~e iaaed a~ tns ro~Mre~t mrnv W Trimn Roed aW SI. I C ~1 m ]]Z 35W fOM - StCkP Truck ~q ,~,os~ an~ m a..m OEi+ RNa~ lenns Nanm, LLC NEB ID Y 1950p1 w/o~p^title. 3 Aoposs m d°~'dop ihe ~ ~ = Ntel1' 51.lUQE wes NovemEer 19. NQ~QF N~QF PW~V ~ e ~sidaiGd sbdiviem mniuhn9 ~ a~rix of ~ YM -b& L>. AuG. restae4 s¢e tNe & WUHIY. FlOfl10A 2008. File NumEe~ ~~aro s~d Mo~sMY lettilY stl rtWl~-fa/NY ~mis es ~ L +"y ' pkp~ Svr y lure ~Vine ~ ~ psLakrly ~ Me Efdt Dwvloprrertl Agree- Z 0 /0 =~(IBB 9fQHTU11Lli~' S[Irool eer s~ow PflOBATEDMSION 6Gt008CP001~8FM. rtalt md 52 Were Cwerty lladNion C6-021. The devdo~ i Q~ ~ 1lbMD-0MO XoEe So d ien or HLE N0: is penEinp in p~e Gr NO11CE OF EMENGENCY MEEi1NG t contan 1 M residanliel densi qpW~. ~qp~ p nes e n ty oi 209 ~nit~ ~ (n nf O ~ 9~ y, ~od~ ~B n3~~~6.59A 56200BCPOPI<02{M pun Cwn 1w S~, lu~ TESOPO WMMUNITV sleQe A mrtplett logel~mo~pp m ot fie Silv~ Oeks P.U.0. I ,/1 V 9JOmi,e~csneoo tle County, ilori0e. DEVEIOPMENTDISTflCT pmject i ev leda et ha oNCas f il~e St Luae Cwmy Q C v, ~ m ~ST~tl~N E Or. ~~6~i~~E ' ja ali ~N PE' Robe~e ONisioh t~e Growth Meneg t Di~etta 230~ Vrpinia Avenue, Fon NOiIUA ~ Ac uA '99, R. Sc ~iri f35y00 Y ~~~yi9SO. Ceii THE ESTATE OF. atltlress oi w~ic~ is A^ emeBency mttunD m tlie BwN oi Su~ Rerm, R 3C~82 du~nB nomd ~snacs hours. ' ~ l%, seaen, ~ar %k TlSiT&!m9 Tii-91j~]yp551 lEE PHltPS PO Box 'l00, fo~l pP+~sors ot t~e Tesao CammuMly Oeve4 i Yl mM {100D WfB rol%iM WElp /%3t15 Pmem Oinrict wes Mk on FrbM. Jem~. A coR' of tl~e tlreft Oe~elePrtmt A9rmmmt md (urtha ~ ~.2p~:~~ Oeaesed Fierce, FL 3~B6<. erv 18. ~D09 n t1:00 AA1 e~ Yie Gim prs fwmaum m tl' 1M I ga rq pa[ition ~rey be oblwrsd hdn tha y WFB ro 19510BB ~~0 . EaO~~ er o0W yn wy yr T~e names antl eE~ pK~y qMe. 126 S.E. Yx Tr,do. PM St ol! of the St Luae Counry GrvMh Mer~agmnin Oir~ctd. Brc mi., 1p~/ NOfCE TO p~esfes oV ~~e per- Wde. RoriEe 319&. A~ satl meeUnp I~ 5t luve CaurM1y AbrinuVe~m Buldin , 23~D K~gmie Ave r NONM ~5cmrtl Q91 M obRirn e. .~i~~o m:ma.o' ctw~s.9C Glt a~ortons m~,i 2a~es~~.r ~ eo.m w s,n~sars .~=m~a ~n~ .~sia~ M+a rm e~v. a acees. dum~s ~~~d~um,w nwn. ~ = u iure:, ~eio~9~ wrwa....r .~n me pe.soo.i eiro m e eoem ma,~ee~, apooimm a ii.w irz s~.-unz in eo,m ~sn, am~mn~rea oams H tle9da ro d wEeio~s,~e ~~-~~~~~'a TO0.LLPEPSONS.epresemeiive'sao svaa~ ~ mrvtledaonmadewnh ~ • MOIO~GN L%'OE m~~ E6 Ioe0e0 53N ~C~ y~~~ ryqywG UAIMS OP lo~ney e~e eel loh~ o+ mr~ m ~~wh elecleE supervisa~s, apeG to mY ~~3~de~atl BI ~a mae[inps p~ hmnngs of ~ ~ ~ $ s~~.soo InOVerdrlvtl ~ien.a otticerssmeme oia~im, nna a~s. eny ~osd, aee. . epmcv, coun~~~ s ' w Im0¢y 9rr.Oe~ ~3~SiB.i~9) Tow Sevm me e~ris OEMANDS AGAINST bebw. wsetl v~nous i su s~tle2G to t~e mein- ~wy grouP. N~n person v.ill need e remrd af Ne i w' " ~ 15fik 1~ VeNCtl tarPV, Trvesuv Coes1 TNE ABOVE ESIATE: All cretlilors ot ~he ~enence oi Ne nwmwe~e~ rys~em. Fou~ mtl thet, fm suCi WT~a mey nced to msure fia[ e verba~ VI ~~•'m~~~~ MEBID19t]Ti] entl eayoM. Thx eEminislrelion ol deceEenl entl otM1er mem0e~s o1 t~e 0oertl o1 Supervisors lim recpd of tha G rroCe, v.hich r~rd shwid ry ^l O n 'N[E ID 19~3fB l 1111 0 R O C P' ~yiW~~ ~ ~ e e s ~ e t e o 1 w Pr~ ~9s is I ~~1 1MYY ~ v pss D{sm~¢ry~ •03, netl~ P~~ s o n s ~ v v i n p e p~eiem for I~e mxlinp. dude Me hstiiraiy end eu~dmce upen whid~ iha eppael is Q ~ Laoia d vvt Od /silver Se900. °^d'~utli• on GPS, l E E V H I L l 1 P 5, cleims or Eemends m~s ~ame s wursnea n a~com.~ce xun bsetl. Upon tlre requea of ary Mv paae&ng, ind- ~ ~ ~ O W ~a~x ~ enii >tiz-isz-sos~ wad~erw on.m~ deceesea. ase epeinsi aaeaen~•a ~~~1 ~~n~ oisam~s xwes ot rm. vmuds unir~v~p d~r~g nea~nq~..i~i be awn in- ary per- tilODfTi2>3%~l W[aq~%p~5o Ho.66200BCPW1102~ eslate on w~om a tl~rc, end Setlion 189/1l~tl. Fbritls ~~fia pveetli y 11 be~e,,~ed si opponunity m aom- ~ ~.r~ 'y,, ~'6 wte m r saee w~ c amanw m me cwv w m~: nuke u s.e„s ene Y~ eeims ~.YSn M ne 9ow ne v mdrviOUd tmbHm9 durin9 e n~nns ~om m- v~ ~ 1RQIMt - 1W '02 Est 6rwi1 Cwir1 10~ SI, tl lo pe w~ Stpmisors al l~e emttpenty meelmB quest ~ ~ Cv Q) connfmti OwneO luce Co~nry. F~ori. re 9 u i re W De n~~5ed ~MI~ rtpulai m¢~ ~ sesss nz.~~s.~~z VEIIICLES WANIEO sev~n m~n sie ine. o. q.qwe ~.:M e d~ndNiv ramd~~g darions ro attsa ~ WEe ~o ls5isl5 ~R~~ ae, ~ne eaaress m ekims vntn Nis wun ~p'ts vi erafi minu~es oi tlie meaine mry Mvs maeting shwld mntnc[ Uie St Luoa mumy Cp~munky 'L ~ /~LL /~1~T0 w~{c~ is: P.O. Box WITHIN THE TIME be odaineE imm ~he Distntl MennLe tl sa~~: nb~~a m im) ,si-im o~ Too ~nz~ asz-iaze ~ ~ f~ lE%IR ~ 63W ]99B GOUAC- fsWeae ~kr•... j~ ~p )00. Fon Pierce, ft P E P I 0 D 5 5 E T Z~1 Eest Pine Sirze~, Su~e BSp, OrlanEO. I~tlortyagM NB) hwrs pia to Me meating. ~ ~ t MU37 SfLL~ E~' ~ N?~' are~ ~064. T~e names fOPTN IN SECTION F~ ~ c~om..n.eix ow F~~an. da ~q Hedo. ~ 526md This noVm tlartetl ana mrepnetl +his 22ntl ~myNnn ~p~n pTU9HiI9 y~0etltlressesoit~e 1~3.~020FTHE GeageS.Him dN~~enuary. a~ NEero~%IOBB M1G~LIiUCn Po~sonalMprefenta- FlOP10APPOBATE GovernmenlalManeyemen~5erviees~ BQ4I+DOFCOUMYCOMr155101EH5 J"~ ~ ~ wfe m is~ a~[v~o~n . 9ro.m. mrx raa c~sn av~ ,~o m. r~rsond moE. amn~ ~aria., uc sT. W~ coltt~m aonw ~ ~ N ~ tlo SSOD HD 96.1 tr. ]T2"h~~ XePhsen~elive's M. pwtrin Ma1uper /5~ PAIAA I.EYNS ~IH ~y 7~ 3YID. Gsl. ~L( ~rilei All IMm-M Mb ~ `v ~ ~ ~ ` SU.500 oDO. Cell ~yk~y dn ornry ere se~ fon~ qll CWMS AND DE- i Tti•532~l33) IN i l~•~y~ bebw. MANOS NOT SO ~~'~~siuary16,ID09 RJbkJsiwry~310B ~ O ~ ~ WEl~D19516T1 Uli(t11)aifA1 Alicrctli~orsol~~e FILED WILl9E U u ; ~ ~ ~ Auto Dealer Director ' ~~o~ y ~ • ~ A daily directory of the top auto dealers on the Treasure Coast. ~ ~ = m ~v ~ ~ o w ~ a nwxa ewcx cixrs~tx mec xaroa LNCOLMMEHdIPY ~~uESic~u xmwx roxn~c iumin ~ ;A rnar1nau f:MLLY8UIQ w~r-~uner ~,µ~~sayp~ yy,yy~ w~o~r~ a `rau~rE raare se~swm 540I S S 1 WMI9FOOOOE yypN ~yry q iwT Rercv ~A'E $p~h U51 10vm~ , v NOW QOII Btll Y FNVeI PONIIAC Qli~. R Plre, fl 5~,5 SoW I15 ] ~oGOin Co. Te T~we QrI.CYwAN Ctl.CYw41w 112JfiT-99BB F2.Pi0ce 03i0.S ~ R. Phm R Hwy- HaEe SO~mtl R. Rxre ~D51151 CaSK il Hisen V ~ V~ ~smv.~wna zus~•o~e~ f77ps618oo zus~ so.vsmw iwsaa~w me'ibt0°o seix~ oia l~BIP3AQ9E0 m~aiei-eiio r~ ~ ~ H.n.~~mo-aa.m~s ~~pv~ Hwv.~mo-x3.mss w~una T~:TrvFw~-a ~~mo-~~ rr i~ L ,o~. ssssso Usi ROGERDEAN wa~wuacun cmnsarr n.~ - e~ - Ff.Plerx NYUN}Ai YoISFlatlPrel FeeG4uMpix¢0 BUICK-GMC WrtuEg-Bem WAllA1ZNISSNI S/SUflN ` ~ - 1~~~ 5255 S U$1 N~•'~0rt Oealer 313 5[ fetlarel ~II~ L W fMILLAC rtnec..w~aats 3~'n+~s~k~ waaa,awi vawai~m. ~ a~ r~ ~11~ ~ ~ iaoamaou -a L ~ m „m d~tla MIlOA • ~ CoBeNSiw ~snwnesoaoo[ 5 t ~T~~~ PWIIUL ~emmiro . MM1 w~unrEranu~c mer t c ~P w~w~¢u~m~ 866263d201 a~a~ix'~~~ g'qq~sl caes~ uooao iai arzssErcarroi ~m.aw~roero 1'.ML'SB11117[ SUlUq s...r..mus IaoR32?6Afi0 s~5° ~ WILLUCE1EkP mD~3/s1 BB ~v~ivirei~O PoM1ACtiMC wiWAasump . 83D0 Trvatue ~ ~ I 5555 SoNh U51 n Ifi02 US Nwy l. ~ty. p~ q p~ ~ . r~ Lmg'6 dYV ip[1 SBS15 1151 h R. PI[fce ~~U'T~ 711%CAR{SCOId SSS SOI~M US 1 ~j ~f N4W¢0tltl~ ~n: Rertx.qlFw YVOIMINI 2N5Yfeaertl RPIerCe Jf wn~~mnntm asw.~..•..~ 1200~n10 ~ n, _x~:.:~ 1-000•3~060 ~~~[L5~'«o T'1f11tii1itM1 Nb ld0 a}>O65 liCP~9li06D . ' ~t ~~i n >~v'e i ~ I~ i~ ~ F ~ a ~ "a~ g 4 g; ii~ F a~i,~•~ ' ~ °c gF ~ s i t0 4Y4 YY YY Zj ~i~p r O~ I I ~~e 3i~ ~ ~ t m - ~ d ~ H_ y ~ ~ ~~y~yqZ{ ~ ~ ~ ~3 5u7 d~ 3 ~3 ~ N ~ ~ yi 9 i e ~~~L E E f A c10i 3 ~ ~ s ~ 0 ~~~i: ~ ~ ~ ~p~~ ~ j~~k~b ~~`L~ ~ =p ; $i~S~~~ ~ ~ g j~ ~17~ ~ ~ ~~~;~~!7~y nb ~ ffj~6 ~~tl~ ~ ~~~~~i ~~9F F~ ~~p~~ S ~YS¢ ~ ~ CD~ ~?i..s~ ~ ~ ~ yd8 +J ~ Ct a e ~D ~~e~ ~ ~ ~9~~ p~~ ~E ~ ~J ~ § IS~S ~ 9 ~j ~ i ~ ~e : ~ ~ `g~ ~Tt ~Y @ ~ ~ ~j t ~~$S# a$ a ~j~`~ = i ~ E~Y~ ~P~~ ~4~~ a€~ I~t ~~~g~~ S~ p~~g~ i ~ ~s w ~ ~7 ~ ~ f ~ y`~;~ ~3~~~~~~~~~a~~~ 9e i ~t~~g~~~ ~ a ~ ~ $ Q ~~1~ t~~~~3~D~ ~ta~a~~{~{m~i~j~ ~ s~~c ~E$F~~ ~ ~ ~ $i~ p~ q ys~~~~E b}~~~s~ 6=;Tr"~y~~ 3~ n~ a~~ ~ ~ g ~J ~ ~p~ f~ g$y E m 6~Fa;~6~~fF~~~~i=Ega~~~~~~~s~ ~ag~l~~;~~~t `1 ~ O ~ ~ Y ~E ~ ! a da ~ a n~~3 ~~~~~E ~ '~~G { 'YL$~Fi~' P~ ~ U .C p ~ ~~t ~>Fn ~a , ~;6.sa~E~~~t°~j+~~~ 2~i~S~, ~~•~a~~~ ~ t ~ „ ~ ~ g ,~~a 3~., ~ ~Y ~ ~ ~ ~17: ~ 'da ~y p! $ ~ F jp ~ ~ o as Y~~ ~T E ~ ayy ~1~5 ~'e L g _ ~ 1 ~ y ~ ~ i;~ E l~n~~9}~~~{ ~7Fj~~t Y~b 'iY'~~a~'~iL~S j ~ ~ 3.g, !g~^gR °`2 t ~ m p{~ts (p 69 By$ g!•aiI ~~J 7 ~p ~r ~E ~ u ~ y c . ~ ~ g ~~q y~~9 E~~a m E . . .?s~b •:f~i ~;e~ ~5~daEl~ t t P~i°#f~FY~ ¢a ~ J' 3 [ ~x ~ f-.~ a ndnaaaGs£ea EcEk~~~~~ ~ a . ~ _ . . . : . , . ~ . 4 . . . Y ~ . ~ ~ ~ ~ Q ~ B ~ o a~ ~ ~ ~ ~ ~ ~ ~ ~am _ ' ~ aa ~ ~ ~ ~ ! m~~ ~g~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~g~ ~ ~Q ~j']~ yg~{~ ~e ~~~~~R~ ~ ~ ~ ~ ~ Y YY Y Y Y YYY 4.YY 3~ ~ ~ ~ b~ ~S ~ °~~@~~ ~m3 ~~~~~3 a ~ ~9599~& ~g~ g~ ~ 5~.5~ ~ ~f ~ ~ 1 ~a5 ~~BF~ - ~ ~ ~ ~ ~ ~~~~~#a3p~{ ~~g~ ~ ~ ~ 4 y~ A j ~t ys~ s a ~ 4 ~i Y~ ~ , m R ~ ~ ~ ~ " ~ ~ ~ ~ ~ ;g~ ~~a~~s~~E~~~ ~ ~ I ~ ~ ~ ~ ~ ~E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~JS~~~~~l~~~~~~ ~ ~ ~ f ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ Y ~ ~ z ~9~p=~~~a~~~~~ ~ ~ ~ 3 ~ y$ in ~ 3 ~ ~ ~ ~ a ~ ~ ~ a~~xl&~x~~~~$gtlj~ ~ ~~~~~a~~ 'Jr~ Ma o~ _ ro ~o~ ~t'~ ~ ~ ~ ~ z ~~~~8 ~ ~ ~ ~ ~ : o - ...a ~ , ~ p au-ac w~u ~s~ ~'i _ P3 pu14 . . 9~ ~ ~ ~ FFAepp g ~ i ~ ~ ~ ~ t! e~ i ~ I ° S 9;'. ~Y f;' ; ~ I ~ ~ - o ~1~11~ ~ sa ~ 9~ ~ ~ 3~ ~~y--- n,`~ II ~ ~~{y~p~j~` ~ ~ e L,, ~~~i ~.}9 ~~BS'T~~ ~ ; i F ^ n : ~ ~}r ~~~/r' 6 _ : ~ Y ~n~~ o ~ ~ ¢g . ~ ~ oo ~ ~ ~ ~ ~ ~3 . ' ~ ~ s ° ~ 0 5 ` ~ ~i I - ~ - ~ ~ ~ ~ $y ° , ~ ~ , o e' ~ =~s q ~ 1 s~°~ ~z ~q €z,$3qt 4d.,~e. o ~i ~ v g &~~a_"a .~2~ Pii~id ~g~~~p ''i~'~ O ~'y~~ .a 3 ~~.~-.r ~fi~,,~..~.~~~~ ~ Et~e~l~~l3~E e~~lN ~~~/~s' DO ~ ` ~~~~~~~~~$Qg$~ ! I' ~ ' ~ ~ ` ~ ~ $ ~ i 4 ~~'N ~ n R E~ ~A I . ' y,/ i~ O~O ~ SX~~~~~i~~~~~~~$¢m I ~ ~ 4i I dN°m~s .R~'~„ I~ / ' ~y: a ~ a T ~Y Y d 1 ~ ~ / q~ ~ ~ I § ~ ; I ~ i~ ~ O , o Ai o ~ ?oao a oo~ ; - ; ~ _ - - 9 ~ ~ d s ~ ~ .o-~ w ti ~c~ Q I'~ ~ ~j3! ~ , ~ ~ ~ ' ;4 ~ ~Y ~a ~9 ~ i .z-.i ~ 3'8g ~a~°' MOSQUITO CONTROL DISTRICT ' www.co.st-lucie.fl. us t~iiEty~i~Eii~i~ii~~ii~~~E[i~fi~ii~~3~~~~~~~~~?i~~~$~~~i~9~~$i~i~~~~~ii~i~li~ii~~i~'~~i~~l~~ i'~~1'i~~~~~[ii~jii~3~~3~~T~~1~~~~'~i~~~~~i~~~~i~?~~~~~~~~~~Ii~~~~~~~i`~~t~~i~~i~~ii~~i~ ' Chris Dzadovsky, Chairman District No. 1 ' Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 ~~~~~~~~~t~~~i~~~~~~~~~~ , . : ; ...~~~~~~~~~~i~~ ° z,~~~ ` .,~~~~~it~~~ I. MINUTES ' Approve the minutes from the January 27, 2009 meeting. II. GENERAL PUBLIC COMMENT ' III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 18 and 19. B. MOSQUITO CONTROL 1. Request approval of Amendment No. 1 to Contract No. C07-11-715, with Locher Environmental ' Technology, Inc., for Telemetry Equipment and Trihedral Program Maintenance and Monitoring Services. Consider staff recommendation to approve of a Sole Source and authorize the Chairman to execute Amendment No. 1 to Contract No. C07-1i-715, with Locher Environmental Technology, Inc., a sole source representative of Campbell Equipment and Trihedral programs, in the annually renewable amount of $53,868.00, for the purpose of Campbell Equipment and Trihedral program maintenance and monitoring. 2. Request Board approval to piggyback Indian River Mosquito Control District Invitation to Bid for Permethrin, a Mosquito Control adulticiding chemicaL Consider staff recommendation to approve to piggyback the July 2, 2008 Indian River County ' Mosquito Control District Invitation to Bid for Permethrin, and to purchase the chemicals as ' needed. ' NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 27, 2009 Convened: 10: 36 a.m. ' Adjourned: 10:37 a.m. ' Commissioners Present: Chairman, Chris Dzadovsky, Chris Craft, Paula A. Lewis, Doug Coward, Charles Grande ' Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike Powley, County Engineer, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Crm. Lewis, to approve the minutes of the meeting held December 13, 2008, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com.Coward, seconded by Com. Craft, to approve the Consent Agenda, ' and;upon roll call, motion carried unanimously. A. The Board approved Warrant List No. 16 and 17. There being no fi~rther business to be brought before the Board, the meeting was adj ourned. Chairman Clerk of the Circuit Court i Ol/30/09 ST. LUCIE COUNTY - BOARD I PAGE FZABWARR WARRANT LIST #18- 24-JAN-2009 TO 30-JAN-2009 ' FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL ~ 145 Mosquito Fund 21,770.91 2,051.22 II~ 145122 Indian River Lagoon Wetland Restora 40,000.00 0.00 I GRAND TOTAL: 61,770.91 2,051.22 I II I ~I II i ~I I ~I ~'I i I 02/06/09 ST. LUCIE COUNTY - BOARD PAGE 'i I FZABWARR WARRANT LIST #19- 31-JAN-2009 TO 06-FEB-2009 ~I FUND SUMMARY- MOSQUITO ' FUND TZTLE EXPENSES PAYROLL ' 145 Mosquito Fund 46,835.24 38,281.96 ' GRAND TOTAL: 46,835.24 38,281.96 ' ~ ' v~ AGENDA REQUEST ITEM NO. III-B1 ~A ~ i , ~ ~,,'i. DATE: February 10, 2009 ' ~ ' REGULAR [ ] ~ • ~ • - PUBLIC HEARING [ j , CONSENT [X] ' TO: Mosquito Control District Board PRESENTED BY: SUBMITTED BY (DEPT): Mosquito Control James R. David, Director SUBTECT: Request approval of Amendment No. 1 to Contract No. C07-11-715, with Locher Environmental Technology, Inc., for Telemetry Equipment and Trihedral Program ' Maintenance and Monitoring Services ' BACKGROUND: Telemetry equipment is used on Mosquito Impoundments to relay and record water level, ' rainfall, pump and aerator data. This equipment requires daily monitoring and maintenance to ensure proper performance measures are met. Locher Environmental ' Technologies, Inc., located in Lakeland, Florida, provides that service as a sole source manufacturer's representadve and distributor of Campbell Equipment and Trihedral programs, in the annually renewable amount of $53,868.00. Amendment No.1 to Contract No. C07-11-715 is submitted for the Board's approval. FUNDS AVAIL.: Funds are to be made available in 145-6230-546000-600 Equipment Maintenance Account PREVIOUS ACTION: Approval of prior Sole Source, BOCC meeting of 11/28/06, Agenda Item C2; ' Initial Contract approved on November 27, 2007, Agenda Item C3A ' RECOMMENDATION: Staff recommends Board approval of a Sole Source and authorization of the Chair to ' execute Amendment No. 1 to Contract No. C07-11-715, with Locher Environmental I Technology, Inc., a sole source representative of Campbell Equipment and Trihedral programs, in the annually renewable amount of $53,868.00, for the purpose of Campbell ' Equipment and Trihedral program maintenance and monitoring. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED OTHER: _ ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures ~County Attorney: ?M & Bud e / vn~e~ S, (~~~~~D S~ g Johns~ ~ g ~ ? ~ ~ ~ Ma e Gouin i Originating Depr ~ public Works: Othex~ J a m . Davi d ~,15 ~ C . ~`Y~, L,~(1[`J~ Finance: ~ MEMORANDUM TO: Mosquito Control District Board FROM: James R. David, Mosquito Control Director DATE: January 26, 2009 SUBJECT: Request Approval of Amendment No. 1 to Contract No. C07-11-715, with Locher Environmental Technology, Inc., for Telemetry Equipment and Trihedral Program ' Maintenance and Monitoring Services BACKGROUND: Telemetry equipment is used on Mosquito Impoundments to relay and record water level, rainfall, pump and aerator data. This equipment requires daily monitoring and maintenance to ensure proper performance measures are met. Locher Environmental Technologies, Inc., located in Lakeland, Florida, provides that service as a sole source rnanufacturer's representative and distributor of Campbell Equipment and associated Trihedral programs, in the annually renewable amount of $53,868.00. Amendment No. 1 to Contract No. C07-11-715 is submitted for the Board's approval and execution. RECOMMENDATION: Staff recommends Board approval of a Sole Source and authorization of the Chair to execute Amendment No.1 to Contract No. C07-11-715, with Locher Environmental Technology, Inc., a sole source representative of Campbell Equipment and Trihedral programs, in the annually renewable amount of $53,868.00, for the purpose of Campbell Equipment and Trihedral program maintenance and monitoring. ~i C07-11-715 FIRST AMENDMENT TO THE NOVEMBER 27, 2007 CONTRACT BETWEEN ST. LUCIE MOSQUITO CONTROL DISTRICT AND LOCHER ENVIRONMENTAL TECHNOLOGY, LLC THIS FIRST AMENDMENT, is made and entered into this day of ' , 2009, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, (the "DistricY') and LOCHER ' ENVIRONMENTAL TECHNOLOGY, LLC, or his, its or their successors, executors, administrators, and assigns, (the "Contractor"). WHEREAS, on November 27, 2007 the parties entered into a contract whereby the Contractor agreed to provide for the purchase and installation of three (3) cellular telemetry ' monitoring systems and monthly monitoring and maintenance; and, WHEREAS, the parties desire to amend the contract to exercise the one-year renewal I~! option for the maintenance portion of the contract. ' NOW, THEREFORE, in consideration of the mutual promise contained herein, the ' parties agree to amend the Contract as follows: 1. Paragraph 6. TERMS shall be amended to read as follows: 6. TERMS Unless terminated as provided for in paragraph 16, the term of this Contract shall ' be for a period of finro (2) years and begin on November 27, 2007 and continue through November 26, 2009. 2. Except as amended herein, all other terms and conditions of the Contract shall ' remain in full force and effect. ' IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ' ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 C07-11-715 APPROVED AS TO FORM AND CORRECTNESS ' COUNTY ATTORNEY WITNESSES: LOCHER ENVIRONMENTAL TECHNOLOGY, LLC BY: Print Name: Title: 2 EROSION DISTRICT www.co.st-lucie.fl.us ~~Yi~iii~i'i~~ii~~~?~ii]i~i~~~~~$~~~~~~~~~?~~~~~~. '`i~~~~~~~~~~~#~ii~~l{~~~~: ,....~~~~~~~~~~~j~i~~~~~~~~~~~~~~~~f~~~~~~9~~i~ii~9~~~~~~~~3~~$i~ii# 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 t~~r~~~~~~~€~~~~~i~~~~~t~~~ „ . _ . , .~i~t~~~ ; . " a: ~ ~ . .:.~~~~i ° , , I. MINUTES Approve meeting minutes from the January 27, 2009 meeting. II. GENERAL PUBLIC COMMENT ' III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 18 and 19. B. PUBLIC WORKS Artificial Reef Grant Program: Accept a$5,000.00 donation from Mr. Bob Herbst. Approval of Budget Resolution No. 09-004 to make funds available from this donation in Account 184-3710-563005-39003 Artificial Reef Infrastructure. Consider staff recommendation to accept the $5,000 donation from Mr. Bob Herbst and the approval of Budget Resolution No. 09-004. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 27, 2009 Convened: 10:37 a.m. ' Adjourned: 10:38 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County i Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike Powley, County Engineer, Jim David, Mosquito Control Director, Millie Delgado- Feliciano, Deputy Clerk ' 1. MINUTES It was moved by Com.Lewis, seconded by Com. Grande, to approve the minutes of the meeting held January 13, 2009, and; upon roll call, motion carried unanimously. It was moved by Com. Grande, seconded by Com. Lewis to approve the mintues of the meeting held January 20, 2009, and;upon roll call, motion carried unanimously. 2. GENER.AL PUBLIC COMMENTS ' None 3. 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. 16 and 17. B. Public Works The Board approved submitting an aritifical reef construction grant application to the ' National Marine Fisheries Service's Proactive Species Conservation Program. There being no further business to be brought before the Board, the meeting was ' adj ourned. ' Chairman ' Clerk of the Circuit Court 01/30/09 ST. LUCIE COUNTY - BOARD PAGE I FZABWARR WARRANT LIST #18- 24-JAN-2009 TO 3Q-JAN-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,025.12 0.00 GRAND TOTAL: 1,025.12 0.00 ' , I I I I ~ 02/06/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #19- 31-JAN-2009 TO 06-FEB-2009 ' FUND SUMMARY- EROSION ' FUND TITLE EXPENSES PAYROLL , 184 Erosion Control Operating Fund 362.64 4,977.40 ' GRAND TOTAL: 362.64 4,977.40 ' I *r;z ar y~~ ,F AGENDA REQUEST ITEM NO. III-B2 ~ . . . , ~ ~ ~ ~ ~ ~ ~ DATE: February 10, 2009 ~ REGULAR [ ] i • E • PUBLIC HEARING [ ] CONSENT [X] TO: Mosquito Control District Board PRESENTED BY: SUBMITTED BY (DEPT): Mosquito Control james R. David, Director SUBTECT: Request Board approval to piggyback Indian River Mosquito Control District Invitaiaon to Bid on Permethrin, a Mosquito Control adulticiding chemical BACKGROUND: Indian River Mosquito Control District, on July 2, 2008, issued an Invitation to Bid for Permethrin, a Mosquito Control adulticiding chemical. The bids were opened and the bid was awarded to ADAPCO, Inc., located in Sanford, Florida, for the purchase of Permanone 30-30; 2.51bs Permethrin and 2.51bs PBO, at a price of $55.98 per gallon. This chemical is not available through a local distributor. Per the bid, ADAPCO will hold the bid prices good through December 31, 2009. FUNDS AVAIL.: Funds are to be made available in 145-6230-552300-600 Chemical Account PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to piggyback the July 2, 2008 Indian River County Mosquito Control District Invitation to Bid for Permethrin, and to purchase the chemical as needed. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED OTHER: ~ ~ Approved 5-0 Faye W. Outlaw, MPA County Administratar Coordination/Signatures ~Coun Attorne : ~ ?M & Bud e rchasin . t9 Y / St S~ S' ~~~8 s~1~"~ I a, l~J`-~~'~ rQ~ `i'~bhnba~ Marie Gouin 4 ''/Originating Dept: Public Works: O r. y Jame R. David '~aSc.~C ( u `~~:re~~~v:..,n.,o Finance: MEMORANDUM TO: Mosquito Control District Board FROM: James R. David, Mosquito Control Director DATE: January 28, 2009 SUBJECT: Request approval to piggyback Indian River Mosquito Control District Invitation to Bid for Permethrin, a Mosquito Control adulticiding chemical BACKGROUND: Indian River Mosquito Control District, on July 2, 2008, issued an Invitation to Bid for Permethrin, a Mosquito Control adulticiding chemical. The bids were opened and the bid was awarded to " ADAPCO, Inc., located in Sanford, Florida, for the purchase of Permanone 30-30; 2.51bs Permethrin and 2.51bs PBO, at a price of $55.98 per gallon. Per the bid, ADAPCO will hold the bid prices good through December 31, 2009. This chemical is not available through a local distributor. ALso, pricing from this bid is extremely competitive because of the large relative volume that Indian River County uses each year. RECOMMENDATION: Staff recommends Board approval to piggyback the July 2, 2008, Indian River County Mosquito Control District Invitation to Bid far Permethrin, and to purchase the chemical as needed. ~.r"'.. AGENDA REQUEST ITEM NO. III-B ~ ~ ' r` DATE: February 10. 2009 ~ • • . ~ REGULAR [ ] ' PUBLIC HEARING [ ] CONSENT [ X ] TO: Erosion Disrict PRESENTED BY: ' SUBMITTED BY: PUBLIC WORKS ADMIN (4117) r_~ ~IV onald B. West, E. Public Works Director SUBJECT: Artificial Reef Grant Program: Accept a$5,000.00 donation from Mr. Bob Herbst. Approval of Budget Resolution No. 09-004 to make funds available from this donation in Account 184-3710-563000-39003 Artificial Reef Infrastructure. ~ BACKGROUND: See attached memo. FUNDS WILL BE MADE AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Erosion District Board acceptance of the $5,000 donation from Mr. Bob Herbst and the approval of Budget Resolution No. 09-004. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, M.P.A. County Administrator Review and A r als J,~~~ County Attorney: ? ' ~,~,N~~ ~ S, ~y?~; ~~ijanagement & Budget:~~ Purchasing: ~+.j ~ iiYt;>; Public Works:~Qi~. Other: ~ Finance: C~~ . ( heck for Copy only, if applicable) ~ Page 1 of 2 7 R4 PUBLIC WORKS DEPARTMENT ADMINI S TRATI ON MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works Director DATE: January 30, 2009 ' RE: Acceptance of $5,000 Donation and Approval of Budget Resolution 09-004 BACKGROUND: Mr. Bob Herbst donated $5,000.00 for the deployment of two artificial reefs by the St. Lucie County Artificial Reef Program. The donation was used to help deploy 4 barges (approximately 2,000 tons) of high quality clean concrete materials on the County's permitted Nearshore and Offshore artificial reef sites. The attached Budget Resolution allows revenues from this donation to be moved into one artificial reef account to provide reimbursement to the County for deployment of the finro reefs by McCulley Marine Services, Inc.. Page 2 of 2 ~ RESOLUTION NO. 09-004 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion DistricYs Budget, certain funds not anticipated at the time of the budget have become available in the form of a donation from Bob Herst for reefs. ' 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 10th day of February 2009, pursuant to Section 129.06 (d), Florida Statutes, such funds are 'I hereby appropriated for the fiscal year 2008-2009, and the Erosion District's budget is hereby amended as I follows: REVENUES I 184-3710-366930-39003 Contributions from Private Source $5,000 II, APPROPRIATIONS ' 184-3710-563000-39003 Infrastructure $5,000 ~I After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Charles Grande, Vice Chairperson XXX ' Commissioner poug Coward XXX ' Commissioner Chris Dzadovsky XXX ' Commissioner Paula A. Lewis XXX ' PASSED AND DULY ADOPTED THIS 10th DAY OF FEBRUARY, 2009. ATTEST: EROSION DISTRICT ST LUGE COUNTY, FLORIDA BY: CHAIRMAN ' APPROVED AS TO CORRECTNESS ' AND FORM: ' I COUNTY ATTORNEY I