Loading...
HomeMy WebLinkAboutAgenda Packet 05-04-2010COUNTY F L 0 R I D A May 4, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed AE!g[ 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. May 4, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.orq Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 HWOMM I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Proves Approve the minutes from the April 27, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS COUNTY ATTORNEY,,--,-- t1j�i Resolution No. 10-075 — Declaring the week of May 16 through May 22, 2010 a "Water Reuse � orY 6V cc� �� Week". Consider staff recommendation to approve to adopt Resolution No. 10-075 as drafted. COUNTY ATTORNEY �'�. C,Y�I'� Y t. ILA I:.0 `L hI Resolution No. 10-078 — Declaring May 4, 2010 as "Motorcycle Safety Awareness Month". Consider staff recommendation to approve to adopt Resolution No. 10-078 as drafted. COUNTY ATTORNEY 6.,_., ' L f 1 Resolution No. 10-130 —"Travel and Tourism Week" Consider staff recommendation to approve to adopt Resolution No. 10-130 as drafted. COUNTY ATTORNEY ! / 1 Resolution No. 10-129 — Extension Awareness Week Consider staff recommendation to approve to adopt the attached Resolution No. 10-129 as drafted. V COUNTY ATTORNEY �� n PuC �v CCC 1 Resolution No. 10-135 —"St, Lucie County Correction Officer's Week" in St. Lucie County. {� Consider staff recommendation to approve to adopt Resolution No. 10-135 as drafted. IV. PROCLAMATIONS/PRESENTATIONS CONTINUED F. COUNTY ATTORNEY kikn t U, �,-�n ��r� �ij CU4 Resolution No. 10-136 - "Law Enforcement Week" and "Law Enforcement Memorial Day" in St. U1 Lucie County, Florida. Consider staff recommendation to approve to adopt Resolution No. 10-136 as drafted. COUNTY ATTORNEYS 7 � Resolution No. 10-147 "Foster Care Month - May 2010" G 1 r2'Y'�� Consider staff recommendation to approve to adopt Resolution No. 10-147 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENTAGENDA A. WARRANTS Approve warrant list No. 31 C� B. COUNTY ATTORNEY 1. St. Lucie County Fair Association, Inc. — Memorandum of Understanding — Fair Association Trailer Consider staff recommendation to approve the Memorandum of Understanding and authorize the Chairman to sign the Memorandum. 2. Revocable License Agreement — Coral Square Shoppes FLA LLC Consider staff recommendation to approve the Revocable License Agreement, contingent upon the reimbursement of $3,500.00 paid to L.E.B. Demolition for sign removal following Hurricanes Jeanne and Frances, authorize the Chairman to sign the Revocable License Agreement and direct Coral Square Shoppes FLA LLC to record the Agreement in the Public Records of St. Lucie County, Florida. C. PLANNING & DEVELOPMENT SERVICES Planning Division: St. Lucie Oaks Commercial Plat BCC-Csen-220104039 Consider staff recommendation to approve of the final plat to be known as St. Lucie Oaks Commercial Plat and authorization for the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS 1. St. James Sidewalk Phase 2 (Design) — Work Authorization No. 5 Consider staff recommendation to approve of Work Authorization No. 5 with Kimley Horn and Associates in the amount of $55,760 as outlined in the agenda memorandum and authorization for the Chairman, to sign documents as approved by the County Attorney. C PUBLIC WORKS CONTINUED G Local Agency Program (LAP) Agreement — St. James Drive Sidewalk Phase 1 Consider staff recommendation to approve of LAP Agreement No. 422171-1-58-01 with Florida Department of Transportation (FDOT) in the amount of $201,000 for St. James Drive Sidewalk Phase 1, approval of Resolution No. 10-137 and authorization for signature by the Chairman. 3. Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts Consider staff recommendation to approve authorization to advertise public hearings for the Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts to be held on June 1, 2010 at 6:00 p.m. or as soon thereafter as may be heard. HUMAN RESOURCES Catastrophic Inmate Medical Insurance Policy Renewal Consider staff recommendation to approve to renew the Catastrophic Inmate Medical Insurance Policy and to pay the annual premium of $77,540.00. CENTRAL SERVICES Invitation to Bid Construction of Little Mud Creek Boat Ramp Consider staff recommendation to approve to advertise an Invitation to Bid Construction of Little Mud Creek Boat Ramp. GRANTS/DISASTER RECOVERY Q 3. Florida Division of Emergency Management Citizen Emergency Response Team Program — Budget Resolution Consider staff recommendation to approve of Budget Resolution No. 10-140 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $11,000 for continuation of the Citizen Emergency Response Team Program. Florida Division of Emergency Management Citizen Emergency Response Team Program — Interlocal Agreement Consider staff recommendation to approve of an Interlocal agreement, as approved by the County Attorney, between St. Lucie County, the City of Port St. Lucie, the St. Lucie County Fire District, the St. Lucie County Sheriffs Office and Indian River State College governing the administration of St. Lucie County's Citizen Emergency Response Team Program. _ Florida Division of Emergency Management Citizen Corps Program — Budget Resolution Consider staff recommendation to approve of Budget Resolution No. 10-141 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $7,000 for continuation of the Citizen Corps Program. G. GRANTS/DISASTER RECOVERY CONTINUED Severe Repetitive Loss Program — Contracts Consider staff recommendation to approve to accept and execute five Severe Repetitive Loss contracts with the Florida Department of Emergency Management, as shown in Attachment A. VII. PUBLIC HEARINGS lip COUNTY ATTORNEY 4(6v cC 1 2110 St. Lucie Blvd., Fort Pierce, FL — Unsightly and unsanitary conditions causing serious threat to public safety. Consider staff recommendation to authorize o e a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. B. COUNTY ATTORNEY Ordinance No. 10-022 — Repealing Ordinance No. 07-004 which created the Whispering Oaks Community Development District Consider staff recommendation to approve to adopt Ordinance No. 10-022 and authorize the Chairman to sign the Ordinance. VIII. ANNOUNCEMENTS The St. Lucie County tourism office will be hosting the "Tourism Matters" tent in downtown Ft. Pierce on Saturday, May 8"1 from 8am to 9pm. Come by and learn about all there is to do and see as well as all the places there are to stay in our beautiful area. Area attractions will have displays and demonstrations and area hotels will be providing info. Lots of fun, learning and giveaways! Call 772-462-2130 for more information. The Master Gardener Spring into Gardening Festival will be held on Saturday May 151h from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. 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. iiitiii#i#tiHitttttlit#t#ttittiiltiiitlttiiilli#ttiitHtit#i#iH May 4, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 2[ior 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. May 4, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org itiiiiailli ti iRiiNiilillll h1iin iiflii mlifni lliiflu fi # IN,19Iiiiiiifil!{Rfliti(iLiiiil Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 I. INVOCATION H. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 27, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-075 — Declaring the week of May 16 through May 22, 2010 a "Water Reuse Week". Consider staff recommendation to approve to adopt Resolution No. 10-075 as drafted. B. COUNTY ATTORNEY Resolution No. 10-078 — Declaring May 4, 2010 as "Motorcycle Safety Awareness Month". Consider staff recommendation to approve to adopt Resolution No. 10-078 as drafted. C. COUNTY ATTORNEY Resolution No. 10-130 —"Travel and Tourism Week" Consider staff recommendation to approve to adopt Resolution No. 10-130 as drafted. D. COUNTY ATTORNEY Resolution No. 10-129 —"Extension Awareness Week" Consider staff recommendation to approve to adopt the attached Resolution No. 10-129 as drafted. E. COUNTY ATTORNEY Resolution No. 10-135 — "St. Lucie County Correction Officers Week" in St. Lucie County. Consider staff recommendation to approve to adopt Resolution No.10-135 as drafted. IV. PROCLAMATIONS/PRESENTATIONS CONTINUED F. COUNTY ATTORNEY Resolution No. 10-136 - "Law Enforcement Week" and "Law Enforcement Memorial Day" in St. Lucie County, Florida. Consider staff recommendation to approve to adopt Resolution No. 10-136 as drafted. G. COUNTY ATTORNEY Resolution No. 10-147 "Foster Care Month - May 2010" Consider staff recommendation to approve to adopt Resolution No. 10-147 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31 B. COUNTY ATTORNEY St. Lucie County Fair Association, Inc. — Memorandum of Understanding — Fair Association Trailer Consider staff recommendation to approve the Memorandum of Understanding and authorize the Chairman to sign the Memorandum. 2. Revocable License Agreement — Coral Square Shoppes FLA LLC Consider staff recommendation to approve the Revocable License Agreement, contingent upon the reimbursement of $3,500.00 paid to L.E.B. Demolition for sign removal following Hurricanes Jeanne and Frances, authorize the Chairman to sign the Revocable License Agreement and direct Coral Square Shoppes FLA LLC to record the Agreement in the Public Records of St. Lucie County, Florida. C. PLANNING & DEVELOPMENT SERVICES Planning Division: St. Lucie Oaks Commercial Plat BCC-Csen-220104039 Consider staff recommendation to approve of the final plat to be known as St. Lucie Oaks Commercial Plat and authorization for the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS 1. St. James Sidewalk Phase 2 (Design) — Work Authorization No. 5 Consider staff recommendation to approve of Work Authorization No. 5 with Kimley Horn and Associates in the amount of $55,760 as outlined in the agenda memorandum and authorization for the Chairman, to sign documents as approved by the County Attorney. D. PUBLIC WORKS CONTINUED Local Agency Program (LAP) Agreement — St. James Drive Sidewalk Phase 1 Consider staff recommendation to approve of LAP Agreement No. 422171-1-58-01 with Florida Department of Transportation (FDOT) in the amount of $201,000 for St. James Drive Sidewalk Phase 1, approval of Resolution No. 10-137 and authorization for signature by the Chairman. Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts Consider staff recommendation to approve authorization to advertise public hearings for the Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Paris Street Lighting Districts to be held on June 1, 2010 at 6:00 p.m. or as soon thereafter as may be heard. E. HUMAN RESOURCES Catastrophic Inmate Medical Insurance Policy Renewal Consider staff recommendation to approve to renew the Catastrophic Inmate Medical Insurance Policy and to pay the annual premium of $77,540.00. F. CENTRAL SERVICES Invitation to Bid Construction of Little Mud Creek Boat Ramp Consider staff recommendation to approve to advertise an Invitation to Bid Construction of Little Mud Creek Boat Ramp. G. GRANTS/DISASTER RECOVERY Florida Division of Emergency Management Citizen Emergency Response Team Program — Budget Resolution Consider staff recommendation to approve of Budget Resolution No. 10-140 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $11,000 for continuation of the Citizen Emergency Response Team Program. 2. Florida Division of Emergency Management Citizen Emergency Response Team Program — Interlocal Agreement Consider staff recommendation to approve of an Interlocal agreement, as approved by the County Attorney, between St. Lucie County, the City of Port St. Lucie, the St. Lucie County Fire District, the St. Lucie County Sheriffs Office and Indian River State College governing the administration of St. Lucie County's Citizen Emergency Response Team Program. 3. Florida Division of Emergency Management Citizen Corps Program — Budget Resolution Consider staff recommendation to approve of Budget Resolution No. 10-141 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $7,000 for continuation of the Citizen Corps Program. G. GRANTS/DISASTER RECOVERY CONTINUED Severe Repetitive Loss Program — Contracts Consider staff recommendation to approve to accept and execute five Severe Repetitive Loss contracts with the Florida Department of Emergency Management, as shown in Attachment A. Vil. PUBLIC HEARINGS A. COUNTY ATTORNEY 2110 St. Lucie Blvd., Fort Pierce, FL — Unsightly and unsanitary conditions causing serious threat to public safety. Consider staff recommendation to authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. B. COUNTY ATTORNEY Ordinance No. 10-022 — Repealing Ordinance No. 07-004 which created the Whispering Oaks Community Development District Consider staff recommendation to approve to adopt Ordinance No. 10-022 and authorize the Chairman to sign the Ordinance. Vlll. ANNOUNCEMENTS The St. Lucie County tourism office will be hosting the "Tourism Matters" tent in downtown Ft. Pierce on Saturday, May 81h from 8am to 9pm. Come by and learn about all there is to do and see as well as all the places there are to stay in our beautiful area. Area attractions will have displays and demonstrations and area hotels will be providing info. Lots of fun, learning and giveaways! Call 772-462-2130 for more information. 2. The Master Gardener Spring into Gardening Festival will be held on Saturday May 151h from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 27, 2010 Convened: 9:00 a.m. Adjourned: 10:44 a.m. Commissioners Present: Chairman, Charles Grande, Chris Dzadovsky, Paula A. Lewis, Chris Craft, Doug Coward Others Present: Lee Ann Lowery, Assistant County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Lauri Case Walden, Utilities Director, Debra Bisson, Parks and Recreation Director, Marie Gouin, OMB Director, Beth Ryder, Community Services Director, Millie Delgado - Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 20, 2010 meeting. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the minutes of the meeting held April 20, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Mr. Tom Colucci, Treasure Coast Sports Commission gave a presentation. V. GENERAL PUBLIC COMMENT Mr. Craig Mundt, Hutchinson Island resident and member of the North Beach Association, addressed the Board on item number 8 regarding and also item G regarding Utilities. Mr. Mundt expressed his concern with the public hearing being scheduled for June when most of the area residents are not in the area due to the fact they are seasonal residents. He also advised the Board the proposed increase in the utility rates were too high and would have an impact on the residents. He requested the Board table this item for sometime in the fall so that the residents would be able to attend the public hearing and express their concerns. At this time item G was pulled for separate vote and discussion Com. Dzadovsky advised Mr. Mundt the County Government cannot operate on a seasonal calendar and recommended the association find a way to notify those residents of the issue. The Utilities Director advised the Board there is an equalization factor and was the reason for the public hearing being scheduled for June. She stated the island residents have been paying the lower rate for quite some time and they were at one point advised that this would be occurring this year. Com. Grande stated the idea being to make the rates fair across the Board since there were other areas involved such as Indian River Estates. The Utilities Director stated she had promised Indian River Estates they would be moving forward as planned a year ago and we are at that time and point. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve staff recommendation and advertise the public hearing, and; upon roll call, motion carried unanimously. VI. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Dzadovsky to approve the Consent Agenda with items 613-7 and 66-8 added and item 6-1 pulled, and J to be discussed and voted on separately, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 30 The Board approved Warrant List No. 30. B. COUNTY ATTORNEY 1. Resolution No. 10-113-TVC Municipal Services Taxing Unit - Permission to Advertise The Board approved granting permission to advertise a public hearing on the proposed creation of the MSTU on Tuesday, June 1, 2010 at 6:00 p.m. or as soon thereafter as the item may be heard. 2. Revocable License Agreement — River Park Homeowners Association, Inc. — Sign and Landscape in Rio Mar Drive Median The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and direct River Park Homeowners Association, Inc. to record the document in the Public Records of St. Lucie County, Florida. 3. Permission to Advertise — Ordinance No. 10-017 Amending Chapter 1-17 (Roads and Bridges) to Establish New Procedures for the Creation and Administration of Street Lighting Improvement Services District. The Board approved advertising proposed Ordinance No. 10-017 for public hearing on May 11, 2010 at 9:00 a.m., or as soon thereafter as may be heard. B. COUNTY ATTORNEY CONTINUED Request to have the Board approve the purchase of a photo ID and case management system for the SLC Drug Screening Lab. The Board approved the purchase of a photo ID and case management system for the SLC Drug Screening Lab. Fort Pierce FBO, LLC - Consent to Sublease Agreement with SF Air, Inc. The Board approved the proposed sublease between Fort Pierce FBO, LLC, and SF Air, Inc., and authorized the Chairman to sign the Consent of Master Ground Lessor. 6. 80-feet of right-of-way on St. Lucie Boulevard — Charles Fox, Mr. & Mrs. Hoines and David Chapper— SL2617 Fox Telecommunication Tower— Resolution No. 10-128 The Board approved accepting the Warranty Deed, authorized the payment of $60,885.94 subject to staff receiving the Release from Chris Caravias, authorized the Chairman to sign Resolution No. 10-128 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. The Board 04/23/10 FZABWARR FUND TITLE 140001 140351 140354 140361 160 183 183001 183006 185010 189102 310001 310002 316 318 401 418 451 461 471 491 505 505001 625 801 ST. LUCIE CUUNT)Y - BOARD WARRANT LIST #30- 17-APR-2010 TO 23-APR-2010 FUND SUMMARY Port Fund Install Access Control System Lighting Protection FDOT - Port of Ft. Pierce Dredging Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund FHFA SHIP 2008/2009 Home Consortium 2009 Impact Fees -Library Impact Fees -Parks County Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Law Library Bank Fund GRAND TOTAL EXPENSES 148.80 30, 826. 60 2,768.00 24,900.00 3,244.09 3,023.36 140.84 16, 021.85 16,000.00 25, 000.00 4,216.82 125,436.23 1, 147 .44 3, 968.00 269,829.68 17, 312.79 659.36 54,456.70 82,160.73 939.06 103,380.84 25, 690.50 1,283.25 19,747.18 1, 778, 005.25 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1, 633.70 0.00 0.00 0.00 31, 833.70 Budget Amendment No.10-017 The Board approved Budget Amendment No. 10-017 transferring the remaining FDOT grant funds ($83,091) and the remaining unused local match funds ($20,773) from fence lighting to security improvements, as outlined in the agenda memorandum, and authorized the Chairman to sign the document as approved by the County Attorney. D. HUMAN RESOURCES Approval of Amendment to the Contract for State Fire Control and Protection for St. Lucie County forest and wildlands. The Board approved the amendment to Contract No. 1940 dated 06/21/88 with Florida Department of Agriculture and authorized the Chairman to sign documents as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES Community Services Division: 1. Choose Life Request for Qualifications (RFQ) The Board approved advertising a RFQ for eligible agencies meeting the Florida Statute criteria of Section 320.08058 to receive funding from the Choose Life License Plate fund. Community Services Division: 2. Shelter Plus Care Grant The Board approved acceptance of Shelter Plus Care grant renewal, Budget Resolution No. 10-120, and authorized the Chairman to sign documents as approved by the County Attorney. Community Services Division: 3. Trip and Equipment Grant FY10/11 The Board approved applying for the FY10/11 Commission for the Transportation Disadvantaged Trip and Equipment Grant, approved Resolution No. 10-132, and authorized the Chairman to sign documents as approved by the County Attorney. Community Services Division: 4. Service Development Grant — US 1 Route The Board approved acceptance of the Florida Department of Transportation Joint Participation Agreement for the Service Development Grant, approval of Budget Resolution No. 10-098 and subgrant agreement with Council on Aging of St. Lucie, Inc. and authorized the Chairman to sign documents as approved by the County Attorney. Housing Division: 5. State Housing Initiative Partnership Program (SHIP) Local Housing Assistance Plan (LHAP) Amendment The Board approved Resolution No. 10-138 amending the SHIP LHAP for FY 07/08, 08/09 and 09/10 and authorized the Chairman to sign documents as approved by the County Attorney. Housing Division: 6. Community Development Block Grant (CDBG) Disaster Recovery Program The Board approved acceptance of the CDBG program FFY 2008 Disaster Recovery Program Agreement; approved Budget Resolution 10-139; and authorized the Chairman to sign documents as approved by the County Attorney. Administration: 7. Letter of Commitment for Florida Community Health Center (FCHC) Grant Application The Board approved the letter of commitment for the FCHC grant application, to amend the contract with the St. Lucie County Health Department for the required local match, should the grant be awarded, and authorized the Chairman to sign documents as approved by the County Attorney. MANAGEMENT AND BUDGET 1. Fixed Asset Inventory — Property Record Removal The Board approved removing fixed assets, as listed on the attached property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. 2. Amendment to Contract for the Transportation and Disposal of St. Lucie County Landfill Leachate The Board approved the first amendment to Contract No. C09-07-260 with Aqua Clean Environmental Co., Inc. extending the term through July 13, 2011, and authorized the Chairman to sign documents as approved by the County Attorney. G. UTILITIES Permission to Advertise Public Hearing Consider staff recommendation to approve to advertise and provide notice to customers for a public hearing on June 1, 2010 to amend certain rates, fees and charges for the St. Lucie County Water & Sewer District in St. Lucie County. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. H. PUBLIC WORKS Budget Amendment BA10-016 and Equipment Request EQ10-026 The Board approved Budget Amendment BA10-016, Equipment Request EQ10-026 to purchase a vibratory compactor from RSC Equipment Rental in the amount of $1,935 and authorized the Chairman to sign the Budget Amendment as approved by the County Attorney. GRANTS Severe Repetitive Loss Program — Contracts The Board approved accepting and execute five Severe Repetitive Loss contracts with the Florida Department of Emergency Management, as shown in Attachment A. PARKS AND RECREATION Fairwinds Golf Course Greens Consider staff recommendation to declare an emergency for reasons stated, approve a Design - Build Contract with Camp Dresser & McKee, Inc. for an amount not to exceed $700,000 utilizing unspent Parks MSTU funds, approve Capital Project Summary Form CIP10-034 and Budget Amendment No. 10-019 for the reconstruction of the greens at the Fairwinds Golf Course as outlined in the agenda memorandum and authorization for the Chairman to sign documents as drafted and approved by the County Attorney. Com. Coward expressed his concern with this being declared as an "emergency" and not going through the proper bid process. The Parks and Recreation Director advised the Board the funds were tied up in the Central Services Budget and they had been working on these issues for the last 5 months. She also advised the Board this item had been discussed last year, however the funding was not available at that time and now they could utilized left over funds from the MSTU. Com. Coward stated when the idea was sold to the general public it was for regional parks not intended for the golf course. He stated he would not support these funds being utilized for that purpose. Com. Dzadovsky expressed his concern with losing the golf course if something is not done and reminded everyone the county had made a large investment in the golf course. 4 Com. Craft expressed his concern with the fact they may need to close the golf course if they do not do the necessary repairs in time for this season. Com. Coward stated he is more concerned with the process not with what needs to be done. He believes this item needs to be competitively bid. Com. Lewis advised the Board of the previous discussion held when the funds were not available and stated that now the funds have been identified and believes the golf course needs to be repaired and as much as she would like to go through the bidding process, due to the circumstances she is comfortable using the MSTU funds for the repairs. She indicated she was vaguely uncomfortable with how this is being presented, however she is comfortable with moving forward due to the circumstances. The representative for CDM, Consulting Agency for the project addressed the Board and advised them of the procedure they would be following in hiring contractors to do the job. It was moved by Com. Lewis, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Coward; Aye's: Craft, Lewis, Dzadovsky, Grande; motion carried by a vote of 4 to 1. VII. PUBLIC HEARINGS There are no public hearings scheduled for April 27, 2010. VIII. COUNTY ATTORNEY Resolution No. 10-081 — Supporting House Bill 561/Senate Bill 1222 — Extending Life Safety Retrofit to Community Associations Consider staff recommendation that the Board decide if they are in support of House Bill 561/Senate bill 1222 and if so, approve Resolution No.10-081 as drafted. The County Attorney addressed the Board regarding this issue and advised them the bill had passed through the Senate and was now at the House level. Com. Dzadovksy stated it was never a good time to spend dollars to retrofit, however safety is the main issue. He stated since the attached letter stated it does not affect the high rises in St. Lucie County and the recommendation would not reach the legislature in time, he recommended pulling the item. It was moved by Com. Dzadovsky, seconded Coward, to pull this item, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV -A DATE: May 4, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No.10-075 - Declaring the week of May 16 through May 22, 2010 as "Water Reuse Week". BACKGROUND: Jayne Bergstrom, St. Lucie Service Center Director, Regulatory and Public Affairs with South Florida Water Management District, has requested that this Board proclaim the week of May 16 through May 22, 2010 as "Water Reuse Week" in St. Lucie County, Florida. The attached Resolution No. 10-075 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-075 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: I ` Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [XJ County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-075 A RESOLUTION PROCLAIMING THE WEEK OF MAY 16 THROUGH MAY 22, 2010 AS "WATER REUSE WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors. 2. Florida's water supplies are finite, while our population and our need for water resources continues to increase. 3. Water reuse provides a means for conserving and augmenting Florida's precious water resources. 4. Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes. 5. Florida's permitted reuse capacity exceeds 1.4 billion gallons per day (over 58 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities). 6. The State of Florida has declared the week of May 16 through May 22, 2010 to be Water Reuse Week in Florida. 7. St. Lucie County has joined with the State of Florida, the Florida Department of Environmental Protection and the South Florida Water Management District in encouraging and promoting water reuse and conservation. 8. St. Lucie County has implemented a water reuse program and encourages efficient and effective use of reclaimed water. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of May 16 through May 22, 2010 as "WATER REUSE WEEK" in St. Lucie County, Florida. 2. St. Lucie County is calling upon each citizen and business to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. 01 PASSED AND DULY ADOPTED this 4th day of May, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY lI AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-B DATE: May 4, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No.10-078 - Declaring May 4, 2010 as "Motorcycle Safety Awareness Month". BACKGROUND: Gail Heinbockel, SE Regional Safety Director, Treasure Coast Chapter -Secretary, ABATE of Florida, Inc., has requested that this Board proclaim the month of May as "Motorcycle Safety Awareness Month" in St. Lucie County, Florida. The attached Resolution No. 10-078 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-078 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ J DENIED [ ] OTHER: > Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-078 A RESOLUTION PROCLAIMING THE MONTH OF MAY 2010 AS "MOTORCYCLE SAFETY AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: Motorcycles are increasingly used as a regular means of transportation. 2. The motorcycle is an energy -efficient vehicle that reduces fuel consumption, traffic and parking congestion and is an important form of transportation for commuting, touring and recreation. Citizens should recognize the fact that motorcycle operators have the same rights and privileges as operators of other vehicles on the roads and highways. 4. With motorcycle ownership in Florida exceeding 750,000 registered motorcycles, the Governor of the State of Florida has traditionally named May as "Motorcycle Safety Awareness Month". 5. States and motorcycle organizations across the country will be conducting a variety of activities to promote the importance of motorist awareness and safely sharing the road with motorcyclists. 6. Locally, ABATE of Florida, Inc, is highly involved in motorcycle safety through its Rider and Motorist Education Programs which includes the "Motorcycle Safety Awareness Program" to educate the non -riding public howto safely share the road with motorcycles. ABATE of Florida, Inc. promotes friendship and safety among all motorcyclists using their motto of "American Bikers Aiming Towards Education". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby proclaim the month of May 2010 as MOTORCYCLE SAFETY AWARENESS MONTH" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 4th day of May, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-C DATE: May 4, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-130 - "Travel and Tourism Week" BACKGROUND: It has been requested that this Board proclaim May 8, 2010 through May 16, 2010 as "Travel and Tourism Week" in St. Lucie County, Florida. The attached Resolution No. 10-130 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-130 as drafted. COMMISSION ACTION: CONCURRENCE: (�(J APPROVED [ ] DENIED [ J OTHER: Approved 5-0 Faye W. Outlaw, M PA County Administrator Review and Approvals [XJ County Attorney: X� Daniel S. McIntyre RESOLUTION NO. 10-130 A RESOLUTION PROCLAIMING MAY 8, 2010 THROUGH MAY 16, 2010 AS "TOURISM WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Travel to and within the United States provides significant economic benefits for the nation. 2. The travel industry ranks as the fifth largest employer in the United States and among the top 10 industries of 49 states (including the District of Columbia) when measured by employment. 3. The travel industry supports the interests of St. Lucie County, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwill. 4. Travel ranks as one of the largest industries in St. Lucie County in terms of revenues generated, and provided employment for over seven thousand people and generating a payroll of over one hundred twenty-eight million dollars. 5. Travel contributes to personal growth, health, professional advancement, education, cultural understanding and the enhancement of America's image around the world. 6. The United States needs a nationally coordinated travel promotion program to attract millions of new international visitors. 7. Meetings, events and incentive travel are core business functions that help companiesto strengthen business relationships, align and educate employees and customers, and reward business performance. 8. Travel can serve as a catalyst to help move the national economy forward. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 8, 2010 through May 16, 2010 as "TOURISM WEEK" in St. Lucie County, Florida. .,_ RESOLUTION NO. 10-130 A RESOLUTION PROCLAIMING MAY 8, 2010 THROUGH MAY 16, 2010AS"TRAVELANDTOURISM WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Travel to and within the United States provides significant economic benefits for the nation, including direct expenditures by domestic and international travelers totaling $704 billion. 2. The travel industry ranks as the 5th largest employer in the United States and among the top 10 industries in 48 states and the District of Columbia when measured by employment. 3. The travel industry supports the interests of St. Lucie County, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwill. 4. Travel and hospitality ranks as one of the largest industries in St. Lucie County in terms of revenues generated, and provided employment for more than fourteen thousand people. 5. Travel contributes to personal growth, health, professional advancement, education, cultural understanding and the enhancement of America's image around the world. 6. The U.S. Congress passed and the President signed into law, the Travel Promotion Act, creating a new, nationally coordinated communications and promotion program to attract millions of new international visitors and create thousands of new U.S. jobs. The Travel Promotion Act will help reverse a decade of decline in overseas travel to the United States. 7. Meetings, events and incentive travel are core business functions that help companiesto strengthen business relationships, align and educate employees and customers, and reward business performance. 8. Travel can serve as a catalyst to help move the national and local economyforward. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 8, 2010 through May 16, 2010 as "TRAVEL AND TOURISM WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to join in this special observance with appropriate events, commemorations and festivals. PASSED AND DULY ADOPTED this 4ch day of May 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ITEM NO. IV-D j — j - DATE: 5/4/10 wo- • - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:� Anita S. Neal SUBMITTED BY: Agriculture — County Extension Office County Extension Director SUBJECT: Resolution No. 10-129 —"Extension Awareness Week" BACKGROUND: St. Lucie County Extension Office has requested that the Board of County Commissioners (BOCC) proclaim the week of May 9, 2010 through May 15, 2010 as "Extension Awareness Week" in St. Lucie County, Florida. The attached Resolution No. 10-129 has been drafted for that purpose. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached Resolution No. 10-129 as drafted. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Signatures County Attorney (X ) Dan McIntyre Originating Dept. ( X ) aka��_ Ani6 S. Neal CONCURRENCE: Faye W. Outlaw, MPA County Administrator N/A N/A rNTY,- IMF C�Dt� _ - L 0 R; l D: A TO: Board of County Commissioners THROUGH: N/A Agriculture MEMORANDUM FROM: Anita S. Neal, County Extension Director DATE: April 8, 2010 SUBJECT: Resolution No. 10-129 "Extenson Awareness Week" ITEM NO. IV-D Background: The purpose of this Resolution is to raise public awareness of the St. Lucie County Extension Office, a resource offering a wealth of researched -based education and educational programs. Extension offices have been in existence for almost a century. Beginning with the Morrill Act legislation in 1862 signed by President Lincoln, the Hatch Experiment Station Act in 1887, and culminating in 1918 with the Smith -Lever act - the country's Extension offices came into existence for the purpose of ensuring the future of America's agricultural food supply, and educating the public on a variety of topics. The St. Lucie County Extension Office upholds this tradition of keeping the public well informed in areas of agriculture as well as other areas important to our region such as marine issues, finance, Florida's natural resources, 4H, family and consumer issues, and others. Extension Awareness Week will culminate with this year's "Spring Into Gardening" festival on May 14, 2010. Other events during the week will include programs, tours, and other educational events. Recommendation Staff respectfully requests the St. Lucie County Board of County Commissioners approve Resolution 10- 129 — A Resolution proclaiming May 9, 2010 through May 15, 2010 as "Extension Awareness Week" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to join in this special observance with appropriate events, commemorations and festivals. PASSED AND DULY ADOPTED this 4th day of May 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY RESOLUTION NO. 10-129 A RESOLUTION PROCLAIMING MAY 9, 2010, THROUGH MAY 15, 2010, AS "ST. LUCIE COUNTY EXTENSION AWARENESS WEEK" WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations.- 1 . Created by the U.S. Congress because of concern for the education of the average citizen, the Cooperative Extension Service system came into being with the passing of the Morrill Act, which provided for a university in each state to provide education to citizens in agricultural and mechanical fields. These colleges are known today as "Land -Grant Universities." Cooperative Extension Service now provides information on additional topics such as finance, food safety, growth management, sustainability, natural resources, marine topics, along with other areas which provide citizens with information to make informed decisions which result in an improved quality of life. 2. Personal Hygiene and Food Safety for Citrus Produce Handlers, Worker Protection Standards, and Pesticide Applicator training and certificates were provided to 59% of Indian River Citrus League member companies, and area growers and harvesters, training 4,293 employees. These required training programs at a monetary value of $214,650 make it possible for Treasure Coast area citrus growers, export packers and processors to fulfill standards and audit criteria and ship their products to profitable overseas markets. 3. Extension Agents in conjunction with entomologists with the University of Florida Indian River Research and Education Center and the Florida Division of Plant Industries, conducted transfer of Tropical Soda Apple Beetles (TSA) to cattle ranchers in St Lucie County. Previously, Central Florida ranchers spent an average of $19/acre to control TSA on the grazing lands. These amounts been reduced to approximately $9.50/acre in St Lucie County equating to a $1.1 million savings as a result of reduced herbicide and mechanical control methods that would have otherwise been employed by ranchers and grazing land managers in St Lucie County. 4. 4H is a component of Extension in which area youth learns leadership and life science skills and contribute to Extension programs by dedicating the time, skills, talent, and expertise under supervision or guidance by faculty. The calculation of the economic value of its trained volunteers' contribution to the community has an economic impact of almost 15,945 volunteer hours or 7.6 full time employees yearly. 5. Extension Awareness Week culminates with the "Spring Into Gardening Festival" on Saturday, where participants can purchase over 100 varieties of plants from the St. Lucie Master Gardeners and local plant vendors. Florida: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, This Board does hereby proclaim May 9 — 15th, 2010 as "ST. LUCIE COUNTY EXTENSION AWARENESS WEEK" in St. Lucie County, Florida. �1.1 1 This Board urges the citizens of St. Lucie County and visitors alike, to participate in the many activities planned during the week of ST. LUCIE COUNTY EXTENSION AWARENESS WEEK. PASSED AND DULY ADOPTED this 4th day of May, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: County Attorney ITEM NO. IV-E DATE: May 4, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No.10-135 - "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County. BACKGROUND: The St. Lucie County Sheriff's Office has requested that this Board proclaim the week of May 2, 2010 through May 8, 2010 as "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County, Florida. The attached Resolution No. 10-135 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-135 as drafted. COMMISSION ACTION: CONCURRENCE: Dq APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-135 A RESOLUTION PROCLAIMING MAY 2, 2010THROUGH MAYS, 2010 AS "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioner of St. Lucie County, Florida, has made the following determinations: 1. The week of May 2, 2010 through May 8, 2010 has been designated as National Correction Officer's Week. 2. Correction Officers are responsible for the infinitely difficult task of providing for the care and custody of approximately 1273 inmates held each day in the county's detention facilities. 3. Correction Officers play a vital role in protecting the rights of the public to be safeguarded from criminal activity; and the operation of a detention facility represents a crucial component of the criminal justice system. 4. This Board wishes to acknowledge Sheriff Ken J. Mascara and the 231 certified correction officers of the Department of Detention. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 2, 2010 through May 8, 2010 as "ST. LUCIE COUNTY CORRECTION OFFICER'S WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to recognize our Correction Officers for the fine job they do in protecting the rights of the citizens of St. Lucie County. PASSED AND DULY ADOPTED this 4T" day of May, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTION: COUNTY ATTORNEY 2. This Board further encourages all citizens of St. Lucie County to observe Saturday, May 15, 2010 as "LAW ENFORCEMENT MEMORIAL DAY" in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have lost their lives or become disabled in the performance of their duty, and let us recognize and pay respect to the survivors of our fallen heroes. 3. Because this year Peace Officers' Memorial Day also falls on Armed Forces Day, this Board urges President Barack Obama to issue a proclamation authorizing the United States flag to be flown at half-staff on Friday, May 14, 2010 in honor of Peace Officers' Memorial Day. 4. The County Administrator is authorized to send a copy of this resolution to President Barack Obama. PASSED AND DULY ADOPTED this 4T" day of May, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTION: COUNTY ATTORNEY 7: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV-F DATE: May 4, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-136 - "Law Enforcement Week" and "Law Enforcement Memorial Day" in St. Lucie County, Florida. BACKGROUND: The St. Lucie County Sheriff's Office has requested that this Board proclaim the week of May 9, 2010 through May 15, 2010 as "LAW ENFORCEMENT WEEK" and designate May 15, 2010 as "LAW ENFORCEMENT MEMORIAL DAY" in St. Lucie County, Florida and requesting President Barack Obama to issue a proclamation authorizing the United States flag to be flown at half staff on Friday May 14, 2010 in honor of "Peace Officers' Memorial Day". The attached Resolution No. 10-136 has been drafted for that purpose. RECOMMENDATION: Staff recommendsthat the Board adopt the attached Resolution No. 10-0136 as drafted. COMMISSION ACTION: CONCURRENCE: j APPROVED [) DENIED [ ] OTHER: — —� Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-136 A RESOLUTION PROCLAIMING THE WEEK OF MAY 9, 2010 THROUGH MAY 15, 2010 AS "LAW ENFORCEMENT WEEK"; AND DESIGNATING MAY 15, 2010 AS "LAW ENFORCEMENT MEMORIAL DAY" IN ST. LUCIE COUNTY, FLORIDA AND REQUESTING PRESIDENT BARACK OBAMA TO ISSUE A PROCLAMATION AUTHORIZING THE UNITED STATES FLAG TO BE FLOWN AT HALF STAFF ON FRIDAY, MAY 14, 2010 IN HONOR OF PEACE OFFICERS' MEMORIAL DAY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Congress and President of the United States have designated May 15, 2010 as Peace Officers' Memorial Day and the week in which it falls as Law Enforcement Week. 2. The St. Lucie County Sheriff's Office has been constituted by the State of Florida to uphold the laws and play an essential role in safeguarding the rights and freedoms of the citizens of St. Lucie County. 3. It is important that all citizens know and understand the problems, duties, and responsibilities of their law enforcement agencies, and that members of our Sheriff's Office recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation. 4. The men and women of the law enforcement agency of St. Lucie County unceasingly provide a vital public service. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 9, 2010 through May 15, 2010 as "LAW ENFORCEMENT WEEK" in St. Lucie County and calls upon all citizens of St. Lucie County and upon all patriotic, civic, and educational organizations to observe that week with appropriate ceremonies in which all of our people may join in commemorating law enforcement and detention deputies, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities, and in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: RECOMMENDATION: COMMISSION ACTION: �] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney ITEM NO. IV-G DATE: May 4, 2010 REGULAR[x] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-147 -"FOSTER CARE MONTH - MAY 2010" Rossana Gonzalez, with Hibiscus Children's Center, has requested that this Board proclaim the month of May 2010 as "FOSTER CARE MONTH" in St. Lucie County, Florida. The attached Resolution No. 10-147 has been drafted for that purpose. Staff recommends that the Board adopt the attached Resolution No. 10-147 as drafted. Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Resolution 10-147 A RESOLUTION PROCLAIMING THE MONTH OF MAY 2010 AS "FOSTER CARE MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The family, serving as the primary source of love, identity, self-esteem and support is the foundation of our community and our state. 2. In St. Lucie County, there are many children and youth in foster care being provided with a safe, secure and stable home along with the compassion and nurture of a foster family. 3. All young people in foster care need a meaningful connection to a caring adult who becomes a supportive and lasting presence in their lives. 4. Foster, kinship and adoptive families, who open their homes and hearts and support children whose families are in crisis, play a vital role in helping children and families heal and reconnect, thereby launching young people into successful adulthood. 5. Dedicated foster families frequently adopt foster children, resulting in a greater need for more foster families. 6. There are numerous individuals, public and private organizations who work to increase public awareness of the needs of children in and leaving foster care, as well as the enduring and valuable contribution of foster parents. The foster care "system" is only as good as those who choose to be a part of it. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of May 2010, as "FOSTER CARE MONTH" in St. Lucie County, Florida. 2. This Board urges all citizens to come forward and do something positive that will help change a lifetime for children and youth in foster care. PASSED AND DULY ADOPTED this 4th day of May, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 04/30/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001188 001436 001442 001503 001504 001509 001510 001511 001512 001515 101 101001 101002 101003 101004 101006 102 102001 102809 107 107001 107002 107006 107205 113 114 115 116 117 119 123 127 128 130 130100 130102 136 138 140 140135 140137 140335 140365 ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 24-APR-2010 TO 30-APR-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/Fhwa/Planning 2007 INTACT Inspired Network to Achieve FCTD Planning Grant Agreement DHS/CERTComm Emergency Response Tm Dept Homeland -Citizen Corps Program US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA 5307-ARRA 2009 Capital Projects Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund FAA Security Fencing & Runway 9L/27 FAA Runway Rehab & Security Fencing Parallel Runway Design-9L/27R FDOT Rehab Runway 1OR/28L EXPENSES 554,863.06 11,514.91 3.92 60.12 1,072.01 727.85 424.68 24.05 728.21 2,263.36 22.63 88.55 1,171.22 574.90 5,084.83 6, 424.87 94.68 53,711.32 13,660.91 11,093.41 159.34 34,110.19 19,478.72 6,732.50 94,522.92 88.88 1,287.56 5, 865.60 158.85 230.76 507.42 1,267.14 564.55 140.43 856.39 354.85 376.62 498.89 320.15 4,888.00 9,000.00 1,756.59 256.45 7,572.62 4,313.85 6, 793.47 227.05 357.55 PAGE PAYROLL 508,454.37 3,244.60 51.24 786.01 135.09 9, 513.99 0.00 314.38 0.00 0.00 295.80 1,157.60 2,238.32 1,703.00 0.00 35,510.40 1,237.60 45,451.87 21,623.58 17,246.00 0.00 69,934.45 9,869.20 0.00 145,874.36 1,122 .83 1,122 .83 8,736.95 2,076.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,067.37 0.00 0.00 0.00 0.00 11,486.56 0.00 0.00 0.00 0.00 04/30/10 FZABWARR FUND TITLE 150 160 183 183001 183004 183006 185010 185011 189100 189101 189201 310002 316 316802 318 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 650 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 24-APR-2010 TO 30-APR-2010 FUND SUMMARY Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium Home Consortium FY 2008 FHFC Hurricane Housing Recovery Pla Impact Fees -Parks County Capital FIND Stan Blum Boat Ramp County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Agency Fund SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL EXPENSES 116.53 2,377.75 1, 341.00 420.00 634.53 876.88 157.28 219.18 130.29 242.05 1,416.82 1,000.00 15,401.66 999.00 443,447.85 51,985.24 17,354.56 15,522.85 50.21 58,467.83 7,082.33 100.75 113.31 1,739.54 23,119.34 23,303.19 8,469.76 16,412.02 190.83 481.20 2,000.00 244,804.48 1, 806, 275. 09 PAGE PAYROLL 1,523.20 3,110.46 3, 009.49 0.00 5,404.72 0.00 2,056.02 0.00 1, 703.00 0.00 0.00 0.00 0.00 0.00 0.00 52,283.08 19, 683.04 3,540.27 656.23 18,438.64 7,718.54 1,316.91 1,481.03 15,662.22 1,186.40 3,288.44 1, 901.01 0.00 0.00 0.00 0.00 0.00 1,045,217.10 F AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ITEM NO. VI-B-1 DATE: May 4, 2010 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: County Attorney Daniel 5. McIntyre St. Lucie County Fair Association, Inc. -Memorandum of Understanding -Fair Association Trailer See attached memorandum Staff recommends that the Board approve the Memorandum of Understanding and authorize the Chairman to sign the Memorandum. COMMISSION ACTION: [�J APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: tom' Management & Budget Purchasing:_ Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-505 DATE: April 20, 2010 SUBJECT: St. Lucie County Fair Association, Inc. - Memorandum of Understanding - Fair Association Trailer BACKGROUND: On September 16, 2003, the County entered into an Amended and Restated Lease and Management Agreement with the St. Lucie County Fair Association for use of the Fairgrounds for the annual County Fair and other activities described in the Agreement. The County, as a condition of the Agreement, provided office space for the Fair Association to replace their old office trailer. The Fair Association requested to continue to utilize their old trailer. Attached to this memorandum is o draft Memorandum of Understanding with the Fair Association allowing the use of the trailer under the terms and conditions set out in the Memorandum of Understanding. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the Memorandum of Understanding and authorize the Chairman to sign the Memorandum. p tfully submi Daniel S. Mc County Attoi DSM/caf Attachment MEMORANDUM OF UNDERSTANDING (FAIR TRAILER) THIS MEMORANDUM OF UNDERSTANDING, made and entered into this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and the ST. LUCIE COUNTY FAIR ASSOCIATION, INC., a Florida corporation not -for -profit, and chartered pursuant to Chapter 616, Florida Statutes, hereinafter called the "Fair". WHEREAS, the parties previously entered into an Amended and Restated Lease and Management Agreement on September 16, 2003; and, WHEREAS, the County constructed new offices for the Fair to replace the Fair Trailer; and WHEREAS, the parties also desire to enter into a Memorandum of Understanding concerning a trailer owned by the Fair ("Fair Trailer"). WITNESSETH: NOW, THEREFORE, and in consideration of the promises herein contained, the receipt and sufficiency of which are hereby acknowledged, and the aforesaid recitals being incorporated into this Agreement and made a part of herein, the parties agree as follows: 1, Fair Trailer The Fair shall: a. Maintain the interior and exterior of the Fair Trailer and surrounding landscaping in a first class condition consistent with the condition of the County's buildings at the Fairgrounds.; b. Install a separate electric utility meter for the Fair Trailer and pay all deposits, etc. and associated utility bills; C. Move or remove the Fair Trailer within 180 days notice from County as set out below; d. Remove all the other items around the trailer, i.e.: temporary storage shed, garbage cans, signs, etc. and keep it clear of some, except during Fair events; e. Bring the trailer and ramps into ADA compliance within sixty days; and f. Insure the Trailer and its contents, if the Fair Association so desires. The parties further agree that in the event that the County determines that the Fair Trailer needs to be removed or relocated to facilitate County use of the Fairgrounds, the County may request the Fair to remove or relocate the Fair Trailer, at the Fair's expense, to a location acceptable to the Fair and the County upon 180 days prior written notice. 5:\ATTY\AGREEMNT\Fair Trailer-MOU.wpd 1 2. Notices All notices required or permitted to be given under the terms and provisions of this Memorandum by either party to the other shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, to the parties as follows: As to the County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 As to the Fair: Executive Director St. Lucie County Fair Association, Inc. 15601 West Midway Blvd. Fort Pierce, Florida 34945 With a Copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 John Fenn Foster, Esq./Lance Fuchs 4425 Military Trail Suite 109 Jupiter, FL 33458 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. Hand delivered notices shall be deemed received by the County when presented to the County Administrator. IN WITNESS WHEREOF, the County has caused these presents to be executed in its name in the manner required by law, and the Fair have caused these presents to be executed in its name by its President, and caused its corporate seal to be affixed, attested by its Executive Vice President pursuant to authorization. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk County Administrator APPROVED AS TO FORM AND CORRECTNESS: BY. 5:\ATTY\AGREEMNT\Fair Trailer-MOU.wpd 2 County Attorney ATTEST: BY: ST. LUCIE COUNTY FAIR ASSOCIATION, INC. a non-profit corporation BY: Executive Vice President President S:\ATTY\AGREEMNT\Fair Trailer-MOU.wpd AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Revocable License Agreement Coral Square Shoppes FLA LLC Please see attached memorandum N/A N/A ITEM NO. VI-82 DATE, May 4, 2010 REGULAR [ ] PUBLIC HEARING( ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends that the Board approve the Revocable License Agreement as prepared by the County Attorney, contingent upon the reimbursement of $3,500.00 paid to L.E.B. Demolition for sign removal following Hurricanes Jeanne and Frances, authorize the Chairman to sign the Revocable License Agreement and direct Coral Square Shoppes FLA LLC to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: (� APPROVED[ ] DENIED [ ] OTHER: Approved 5-0 Review and Approvals CONCURRENCE: Faye W. Outlaw, MPA County Administrator [X] County Attorney: �'�— [X] Public Works Director:V'! [X] County Engineer: y � Daniel S. McInty re Don West �� �� Michael Po [X] Originating Dept.: JMF [X] Road & Bridge. [X] Environmental Resource JoAnn Riley Don Pauley Amy Mott 5:\ACQ\WP\Janet\Licenseagree\Coral Square 5hoppes\Agenda Request.wpd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: May 4, 2010 SUBJECT, Revocable License Agreement Coral Square Shoppes FLA LLC BACKGROUND: The County previously allowed signs for the Jefferson Plaza in the County's right-of-way. In August of 2007, the City of Fort Pierce contacted St. Lucie County as the land -owner to remove the signs damaged by Hurricanes Jeanne and Frances. The County had the signs removed by L.E.B. Demolition in December of 2007. Jefferson Plaza was demolished and rebuilt and is now known as Coral Square Shoppes with a scheduled opening of May 15, 2010. Coral Square Shoppes FLA LLC has requested a Revocable License Agreement to install two 18' x 12' ground signs, landscaping, irrigation and electric, if needed, in the County's right-of-way. Coral Square Shoppes is within the jurisdiction of the City of Fort Pierce. The City of Fort Pierce has approved the signs for size and structure. The City will require landscaping around the sign, Environmental Resources has requested Coral Square Shoppes utilize native, drought -tolerant species. Coral Square Shoppes understands if the Florida Department of Transportation widens U. S. One in the future, the signs, landscaping, irrigation and electric, if needed, must be removed at their expense. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement as prepared by the County Attorney, contingent upon the reimbursement of $3,500.00 paid to L.E.B. Demolition for sign removal following Hurricanes Jeanne and Frances, authorize the Chairman to sign the Revocable License Agreement and direct Coral Square Shoppes FLA LLC to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager S� ;- �L.jr, L . I I AL AVE, --IXORIA AVE-- Ulf - SERENDIPITY AVE Coral Square Shoppes FLA LLC 11555 Heron Bay Blvd., Suite 200 Coral Spring, Florida 33076 954-603-0455 April 14, 2010 JoAnn Riley, Attorney St. Lucie County, Florida 2300 Virginia Ave. Ft. Pierce, Florida 34982 Re: License Agreement for Signage at Coral Square Shoppes Ft. Pierce, Florida/ 3006 U.S. Highway One Dear Ms. Riley: Please consider this letter our request for a license agreement with the County for the installation of two approved signs on land immediately adjacent to our property on the east side of U.S. One in the City of Ft. Pierce. Coral Square Shoppes recently received a variance from the City of Ft. Pierce to locate the two signs (copies attached to this letter) on their property commonly referred to as Coral Square Shoppes. The signs as shown on the attached exhibits meet the current sign ordinances for the City of Ft. Pierce. If you review your files you will see that a previous License Agreement existed for the signs previously located on the County's adjoining parcel of land for a previous owner. The County is believed to be the owner of the strip of land between our property and the existing right of way line of U.S. One. The county's parcel is approximately 63' by 500'. The owner is willing to remove the signs if and when the FDOT needs the land for any U.S. One expansion. In my last contact with FDOT I was informed that there were no planned expansions through their current 5-year plan. The owner would agree to maintain the area while the License Agreement is in place. I await your prompt response as we anticipate a May 15`h opening of the center. Cordially, Michael E. Wood, Owners Rep. Cc: Craig Tulepan, Owner/Managing Member Rick Bittner, Property Manager Brian Nolan This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and CORAL SQUARE SHOPPES FLA LLC whose address is 11555 Heron Bay Boulevard, Suite 200, Coral Spring, FL 33076. (Coral Square Shoppes) WHEREAS, Coral Square Shoppes desires to install two signs, landscaping and an irrigation system in the County right-of-way contiguous to the Coral Square Shoppes. The two signs, landscaping, irrigation system and any electric needed for the signs will be solely maintained by Coral Square Shoppes. WHEREAS, Coral Square Shoppes has requested that they be allowed to install two signs, landscaping and irrigation system as shown on attached Exhibit "A". The two signs will be 18 ft. x 12 ft. as show on Exhibit `B". WHEREAS, the County has agreed to allow the installation of two signs, landscaping, irrigation system and electric, if needed, in the County's right-of-way, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The County agrees to grant Coral Square Shoppes a Revocable License Agreement for the purpose of installing and maintaining two signs, landscaping, irrigation system and electric, if needed, in the County's right-of-way along Coral Square Shoppes' property frontage. Coral Square Shoppes will 1 install, maintain, weed, mow, plant, irrigate and install the signs, subject to the terms and conditions set forth in this Revocable License Agreement. St. Lucie County Environmental Resources encourages, Coral Square Shoppes to utilize native, drought -tolerant species. The Florida Yards and Neighborhoods' Florida -Friendly Plant database is a good resource for locating these types of plants. (http://www.floridayards.org/fyplants/index.php.) Coral Square Shoppes will work closely with St. Lucie County Environmental Resources regarding; (1) exact proposed sign locations relative to exact existing tree locations, (2) a discussion regarding impacts that may occur to the existing trees, (3) a discussion of measures to avoid and minimize damage to the existing tree roots during ground disturbance related to sign installation and landscaping installation, (4) a discussion of proposed tree trimming methodologies, (5) a plan showing proposed landscaping (species, sizes, and locations. This license shall extend only to the above -referenced landscaping and irrigation system, two signs and electric, if needed, and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to allow Coral Square Shoppes to install two signs, landscaping, irrigation and electric, if needed, in the location identified in Exhibit "A„ 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes Coral Square Shoppes to install two signs, landscaping, irrigation and electric, if needed, in this location as identified in Exhibit "A". 4. Coral Square Shoppes shall install and maintain the landscaping, irrigation system and two signs in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, City of Ft. Pierce and FDOT Standards. Coral Square Shoppes shall also provide a Maintenance of Traffic Plan to the County for approval prior to construction and provide notice to the County Engineer and Road and Bridge Department with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Coral Square Shoppes provided Coral Square Shoppes gives adequate notice to the County 2 pursuant to Paragraph Eleven (11) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at Coral Square Shoppes' sole expense upon ninety (90) days written notice to Coral Square Shoppes. The County Engineer or Road and Bridge Manager may, in lieu of termination, request Coral Square Shoppes perform certain alterations at Coral Square Shoppes' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 8. Coral Square Shoppes agrees to relocate the referenced encroachments, at any time and at no cost to the County, if necessary for the maintenance or improvements of U. S. Highway One. 9. The landscaping, irrigation system and two signs in the County's right-of-way shall be constructed in accordance with all applicable building codes and permitting regulations of the County and City of Ft. Pierce and shall be maintained solely at the expense of Coral Square Shoppes. Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and Bridge Department. 10. Coral Square Shoppes agrees to allow County employees access to the location of the encroachments for County purposes as determined by the County Engineer and/or the Road and Bridge Department. 11. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: 3 As to County: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Owner: Coral Square Shoppes FLA LLC c/o Tulepan Management LLC 11555 Heron Boulevard, Suite 200 Coral Springs, FL 33076 With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12 As consideration for the County granting this Revocable License Agreement, Coral Square Shoppes agree to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Coral Square Shoppes use of the property. 13. The County shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. Coral Square Shoppes shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK CHAIRMAN 4 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESS: CORAL SQUARE SHOPPES FLA LLC. By: It's (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by as of CORAL SQUARE SHOPPES FLA LLC and produced a (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of My Commission Expires: 5 A.D., 2010. Signature of Notary Public 1 c � 1 (n I y O O I 1 I I I ty .0 I J O O � 1 4 a3- C z o � 8� 3� o 11 \ N N N� = a C. pUj ga a Z Apo O a 1 CD N co W 00 80I0,088•T9S TVI IE9L L9b,I9S `'3NOHd �a CD o o SE10IA�J3S cna oIoW O NVIC13N 2 m m V aOW U o UN W = W = O ■ V a LL �w Q< Of LU z uj U O QU)Qz }_ Z Y O F- Q W U } d�~W OWLQ JW QaQ= LU pW Q Q Z zw = QLWW �QQof �0�U- = ULLJ �w CI) `r' QQQQ WF-of0 F- H cM0 � U) U) LLL - F=-- Q < j 0 Z W Cch QONQZ �UOZ W Q W W qlS LL Q (n 1) O-D -U)U-j Z}0D JC) OfZ >Z �V F— X W W W U Z W Q m p W 2U0� � Q U J F= J 06 Z fD O co LO WXF-=Q �m0w a=UQF- w5QZzi WM '== LUp z� o CO CD 3 U F QZ �Z�Of =L) QO U) U) U) 0�F— EINE Q2 Xw ,SL ITEM NO. VI-C 7C6UNTY F L O R - I D AL i AGENDA REQUEST DATE: 5/04/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Kristin Tetswort , SUBMITTED BY: Planning & Development Services Department, Senior Planner Planning Division SUBJECT: St. Lucie Oaks Commercial Plat. BCC-Csen-220104039 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the final plat to be known as St. Lucie Oaks Commercial Plat and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) County Surveyor Daniel S. McIntyre Ron Harris County Engineer ( ) Originating Dept. ( ) luvp Michael Powley L0- Mark Satterlee ERD ( ) Karen Smith Planning and Development - Services Department ;COUNTY • I D A MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager 't' FROM: Kristin Tetsworth, Senior Planne�/� Planning Division 11 DATE: May 4, 2010 SUBJECT: St. Lucie Oaks Commercial Plat BCC-Csen-220104039 ITEM NO. VI-C Background: The subject property has an approved PNRD Final Site Plan known as St. Lucie Oaks Commercial LLC. The purpose of this application is to plat the property into two (2) separate lots to allow each of the 2 buildings to be owned and financed separately. There are no new improvements proposed, or any modifications to the site plan which was previously reviewed and approved on November 6, 2007 under Resolution 07-293. The project is located on the west side of US Highway 1, approximately 1500 feet north of the intersection of US Highway 1 and Rio Mar Drive in the PNRD (Planned Non -Residential District) Zoning District. The proposed two (2) lot plat meets the dimensional and lot size requirements of Table 7-10 for PNRD Zoning in accordance with Section 7.04.01 of the Land Development Code. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, the Development Review Committee certified the plat on April 8, 2010, to move forward in the development review process to the Board of County Commissioners with a recommendation for approval. Recommendation: Board approval of the final plat to be known as St. Lucie Oaks Commercial Plat and authorization for the Chairman to sign documents as approved by the County Attorney. iM P c6uNTY F L o R I D A Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH. Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: April 20, 2010 SUBJECT: St. Lucie Oaks Commercial Plat Background The Planning and Development Services Department requested Environmental Resources Department (ERD) input on the applicant's request for final plat approval. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the final plat to be known as St. Lucie Oaks Commercial Plat. Yganature I 71co"-uONTY F L 0 R I D A Environmental Resources Department Final Report TO: Kristin Tetsworth, Growth Management Department THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department Amy Mott, Regulations Division Manager DATE: March 26, 2010 SUBJECT: St. Lucie Oaks Commercial Plat Background The Environmental Resources Department (ERD) is in receipt of the February 26, 2010 Growth Management date -stamped submittal. The applicant is requesting plat approval to subdivide an existing two-phase 4.64-acre Planned Non-residential Development (PNRD) into two lots, which would allow each of the two PNRD buildings to be owned and financed separately. The PNRD includes construction of a restaurant and associated parking along US Highway 1 in Phase 1; Phase 2 involves construction of a hotel and associated parking at the rear of the lot. The site is bounded by US Highway 1 to the east, Brazilian Circle to the north, the St. Lucie Oaks Apartments to the west, and a commercial shopping plaza to the south. The site has been cleared for development, and required landscaping has been partially installed. Landscaping for each phase must be completed prior to issuance of a Certificate of Occupancy for the structure proposed in each phase. Findings ERD does not anticipate negative environmental impacts associated with the subdivision of the approved PNRD into two lots. Both lots will still be required to abide by the terms of the approved PNRD plans, in terms of landscaping and tree mitigation. Recommendations ERD supports the recommendation of approval of the proposed plat. Please contact Yvette Alger (Environmental Planning Coordinator) at 772-462-2866 if you have any questions. 8, LL o3 O j _= gLLI w LLJ 3i E' TT o a W oz a c h T ie u moQo c�i i; ao nN u5 aog $ -emu fa°'�oo aaEz ¢z =t m o z �acimav� �� r v 3 w� � I ozio ywoW .46 6 i tt 0� a w i a s Q x� <5 i _- -}a °I z i� o - Wax U Q a o Wb _ o N_o Y4 O i Vl Wow _ Rtz .a g z <o �IV o N - J o o -_,6 Q w�-m- AU' LLO '-j W �Q �W ry o LL ,. w o a a v ,.., L U) LL g �ui IL . Q OZ Q _ oho =:a o. slSi;_ Q n5� ax Ay S o 8„^„sowow JCo LL d � '��'sW,•a" o�� Vie;" m8< :S���o.8���,`;; _ Z ooaw0- Q;omc'��� r n - �b �o °;�" �� ads="° Foo a oa=". ��°moo° o�w��os^=°w° e�: 3= �� "fin - Y ° < owOmo < pS°�Nuw¢o-j=<"; O 'n'oiwxso° .•�°Y�2� zW �� s°i rv�"JovO �oio= w3Wbw n• Wgx•° wo -i�� ra w a¢w Tw '~`"Oo "z ai $mu.i Y a u'=z. - _ '< <;<'o=<oJ;_gUFw curio <° zoo o ." o eW���'o Ro a<.<os�o".o." a..:"so"o°�"ai°. a: °°o. ." a..- N N J o0 w OJ U U. U. O Z W �D UlO WV W O O J UZLL � �' 0 w Q � Q N0 a O �Z§ W U z0 F-M J LLa 0= r— N a3 a QO 3�a �9Z T1�n TN� �g P. o °z me zS B O O �. � 2 ., .. u o o ., • 1 u u • 2 v i o CS 'oN '2/'S) l 'aN .l b'MHJIH 'S'n (SJA'ltiv3B f0 SISVB) Or-9C-ZZ NOUJ35 'r/l n ru '3A'lt lSv3 .00,00Z M LL 0 I _ N Lu >z� = W moo _ a a'I'omc a a .o Ez a n� z o�mC tnt U'NQ a �4z u 'RN a 'M.OQL0.00'S � H i 4 H h U 4 .00'r[ W � I1:���-----==——_EASF.E7.T o2)-------- ~. y. S1N3w1dvde S>WO 3om 1S ahh Y O O m F- z� Ui ss o,g'� i � i¢z ¢ j goQ Y a Tao It Y `4 1 (S 'oN 21'S) L 'oN AvwDiH 'S7l z t3 Hit s �- mz 3W oho �SxoG, i - ° 3 $ (B an35Y iB'rIC� KC�GO.00S (SOrvIds3B A LSYB) O>-9C-ZI /+g103S 't/i -MM "3rv1115Y3 (9'ON'YS) It 'oN AVMH91H'Sn o ,'rvW EFL n (r 'anJa Bod u ° : � � z KOO.LODO S , I r r91 .tW..9mY 1h.fi.i0'S goi o "m SOa :^ ,[L T .sr .(p'OOl 3A0.G0.00'N AO'OLt 'M116Go.00'r � ,rc ro a¢b• . ��� ° KO 0 03 K00.[0.00'S 5/J'^\ y 4�� r n: ¢"o i :. Z r� Nj •�III�� „ � I ?< I � o cs N j j��a o pro I z J o o All wo •I.,I �j$WOa '$aI81" :�_e—cry sLL LL p-� r i�3n35r3 �.nna0 Onv 53un n'ss7»r xooz MXGJ,0.00s W = j Io[:coo i) 91rv9n35v3 z8 �,-1I 1j w -i F=-U j) Ijll � am I �I -` Z<- 8gB Ijlll _ "-IW�1<Ijj � LL CU W j Igh i= 11Ij O $ LL jj Y 0 „ F— � j j � � o - I a > L_ —J`J 4jl n soJ_00'o0'E. LM--- (L r V zk'j S.OB']800-=CnYME_N.99(12- lY. 1JJ.f6'— — — — — — — W F = ^LI[ r0i n NO pc wxz r 0 = Lp 8 g n mvsi .LL'1St 3A0,G0.00'N U ; W \r V stN3wlbedH sxeo 3(0n7 Is J U. 0= � az a Q0 0 (h LL 0 co H w W co ITEM NO. VI — D,I f 000 DATE: 5/4/2010 iCOUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: �- Donald B. West SUBMITTED BY: Public Works - Administration Public Works Dircit SUBJECT: St. James Sidewalk Phase 2 (Design) Work Authorization No. 5 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 1010064116-563000-094601; Transportation Trust Impact Fees - St. James Sidewalk Phase 2 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Work Authorization No.5 with Kimley Horn and Associates in the amount of $55,760 as outlined in the agenda memorandum and authorization for the Chairman, to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: �0 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Dan McIntyre Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Originating Dept. ( ) - Don Id B. West ERD Marie Gouin Cou NTY F L O R I D A - Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director' DATE: May 4, 2010 SUBJECT: St. James Sidewalk Phase 2 (Design) —Work Authorization No. 5 ITEM NO. VI — D4 Backaround: The St James Drive Pedestrian Bicycle Pathway Phase 2 project will consist of an eight foot wide sidewalk on the east side of St. James Drive from the Oxbow Eco Center south to the southern entrance of NE Lazy River Parkway a distance of .956 miles. The County will fund the design through the Transportation Trust - Impact Fees and has grant funds available for construction through FDOT in the amount of $381,000. Attached Work Authorization No. 5 for Kimley Horn and Associates in the amount of $55,760 outlines the scope of services for design and engineering services. Work performed will provide design survey, environmental assessment documents, and construction documents associated with the project. Previous Action: June 16, 2009 — Approval to submit grant application to Florida Department of Transportation for St. James Sidewalk Phase 2. Recommendation: Board approval of Work Authorization No.5 with Kimley Horn and Associates in the amount of $55,760 as outlined in the agenda memorandum and authorization for the Chairman, to sign documents as approved by the County Attorney. WORK AUTHORIZATION NO. 05 CONTRACT C07-07-385 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2010, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and KIM LEY -HORN & ASSOCIATES, INC., hereinafter referred to as the "Consultant'. WITNESSETH: WHEREAS, on July 24, 1007, the County entered into a Consulting Agreement (Contract No. C07- 07-385) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: St. James Drive Pedestrian Walkway — Phase 11, from the Oxbow Eco-Center (NW Hatches Harbor Road to Lazy River Parkway (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-07-385). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of fifty-five thousand seven hundred sixty and 00/100 dollars ($55,760.00), as further detailed in Exhibit "A". Page 1 of 2 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. - TIME OF COMPLETION: - - a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within sixteen (16) weeks thereafter, as further described in Exhibit "A". C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Consultant shall pay the County, as liquidated damages, a sum of one hundred and 00/100 Dollars ($100.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HORN & ASSOCIATES, INC. BY: Print Name: Title: Page 2 of 2 ❑ � ❑ Kimley-Horn and Associates, Inc. -February 23, 2010 Lori Rocky St. Lucie County Public Works Department 2300 Virginia Avenue Ft. Pierce, FL 34982 772-462-2517 ■ Suite 300 60121st Sheet Vero Beach, Florida 32960-0861 RE: St. James Drive Pedestrian Walkway— Phase II From the Oxbow Eco Center (NW Hatches Harbor Road) to Lazy River Pkwy Dear Ms. Rocky: We are pleased to submit to you this proposal for scope of services associated with the pedestrian walkway improvements on St. James Drive from the Oxbow Eco Center to Lazy River Parkway. This proposal includes professional consulting services consisting of topographic design survey, environmental assessment documentation and construction document/design. Please find attached the project scope of services, man-hour estimate and fees based upon our project understanding. We appreciate this opportunity to work with St. Lucie County and look forward to participating in this project. Should you have any questions, please feel free to contact me at 772-794-4083. Sincerely, AND ASSOCIATES, INC. X ■ Page 1 of 7 l W*S&\Mr\St. James Drive SWK\St. James Drive Pedestrian Walkway Scope.doc FAX 772 562 9689 ❑�❑ Kimley-Horn and Associates, Inc. SECTION I — PROJECT DESCRIPTION Professional consultant services are required for the preparation of design survey, environmental assessment documents and construction documents associated with a proposed pedestrian walkway for St. James Drive from the Oxbow Eco Center (NW Hatches Harbor Road) to Lazy River Parkway. The project will consist of the following: 1. St James Drive Pedestrian Walkway: The construction of an eight (8) foot wide sidewalk on the east side of St. James Drive from the Oxbow Eco Center driveway entrance to the southern driveway entrance of Lazy River Parkway. The total length of the sidewalk is approximately 5,100 feet. Design updates, which may be added by amendment, will be required when changes in field conditions occur or when other projects are constructed after the notice to proceed. SECTION II - COUNTY OBLIGATIONS The COUNTY agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the ENGINEER may use and reasonably rely upon: A. Provide the ENGINEER with a copy of all previously conducted studies, geotechnical investigations, preliminary data or reports available, existing location surveys, topographic surveys, and related documents. B. Provide the ENGINEER with all available drawings, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the project. C. The COUNTY shall make provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform his services. Page 2 of 7 U:\Pr0jects\2010\St. James Drive SWK\St. James Drive Pedestrian Walkway Scope.doc ��❑ Kimley-Horn and Associates, Inc. SECTION III - SCOPE OF SERVICES ---The ENGINEER agrees to perform professional roadway design and related services in connection with the project as required and set forth in the following: A. General: 1. The ENGINEER will endeavor not to duplicate any previous work done on the project. After issuance of written authorization to proceed, the ENGINEER shall consult with the COUNTY to clarify and define the COUNTY'S requirements for the project and review available data. 2. The ENGINEER will attend conferences with the COUNTY and its representatives upon reasonable request. 3. In order to accomplish the work described under this Task Order in the time frames and conditions set forth, the ENGINEER will observe the following requirements: a. The ENGINEER will complete his work on the project within the time allowed by maintaining an adequate staff of registered engineers, draftsmen, and other employees on the work. b. The ENGINEER will design the project in such a manner as to be in reasonable conformance with applicable federal, state and local laws, and shall comply with the Florida Department of Transportation's Plans Preparation Manual Design Criteria, latest edition. c. The ENGINEER will prepare all necessary sketches and completed application forms to accompany the COUNTY'S applications for required federal, state, or local permits. d. The ENGINEER will cooperate with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. e. The ENGINEER will send a complete preliminary set of construction plans to any city, county, state, regional or federal regulatory agency from which a permit or other approval is required prior to final approval of the design by the County Engineer, and will coordinate the project design with all applicable agencies. f. The ENGINEER will contact all known utility companies having installations in the immediate vicinity of the proposed work and consider relocation of Page 3 of 7 UAProjects\2010\St. James Drive SWK\St. James Drive Pedestrian Walkway Scope.doc Kimley-Horn and Associates, Inc. utilities, if necessary. The ENGINEER will provide the COUNTY with necessary information relative to required utility adjustments, relocations and installations and will show all known existing utilities on the final design plans. Design modifications to existing utility lines, if necessary, may be negotiated by a separate agreement. 4. Compensation to the ENGINEER for basic services shall be in accordance with Section IV — Compensation, of this Agreement, as mutually agreed upon by the ENGINEER and COUNTY. B. Design Topographic Survey: The ENGINEER shall provide design topographic survey services necessary to support and facilitate contemplated design associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Professional Land Surveyors in Chapter 61G17-6, Florida Administrative Code, pursuant intent of the Florida Minimum Technical Standards set forth by the Florida Board of to Section 472.027, Florida Statutes. The survey will include: 1. Establishment of a project wide Horizontal Control Network within the PROJECT LIMITS. 2. Establishment of a project wide Vertical Control Network within the PROJECT LIMITS. All elevations will be referenced to NGVD 1929 datum. 3. Research and analysis of existing right of way information (to include Abstracts or Title Searches as provided by COUNTY). 4. Provide design topographic survey that will extend from edge of pavement associated with the northbound travel lane on St. James Drive (25th Street) within the project limits described above to 15 feet beyond the existing right-of-way line. C. Programmatic Categorical Exclusion: It is anticipated that the project will require documentation to show that the project meets the criteria for a Programmatic Categorical Exclusion (PCE). The ENGINEER will review readily available natural, social and physical resource data regarding the subject sites including but not limited to wetland maps, soils, maps, listed species GIS databases, contamination data for an on-line data source, historical and archaeological data from the Florida Master Site File and FEMA Flood Insurance Rate Maps. The ENGINEER will then conduct one site visit to assess the environmental conditions of the site. Contamination review will be limited to database review, file review and field reconnaissance. This scope assumes that Page 4 of 7 UAProjects\2010\St. James Drive SWK\St. James Drive Pedestrian Walkway Scope.doc ❑�� Kimley-Horn and Associates, Inc. due to the nature of the improvements detailed coordination with the State Historic Preservation Officer or any regulatory agency will not be required. The ENGINEER will complete the Type I a checklist as provided in Part 1, Chapter ENGINEER will also prepare a supporting map. The ENGINEER will submit the PCE and respond to one round of comments. D. Roadway Plans: nd Programmatic Categorical Exclusion 2 of the FDOT PD&E Manual. The memorandum, location map and aerial to the COUNTY and FDOT for review Roadway -set of plans shall consist of the following: PHASE SUBMITTALS 30% 50% 100% Cover Sheet (Location map, Project Length, Engineer of Record X X X General Notes General Technical X Summary of Pay Items/Quantities Pay Items X Horizontal and Vertical Control Sheets (Benchmarks, Reference Points, Section Corners X X Details X X Plan Sheets 40 scale X X X Cross Sections at approximately 500 ft intervals, extending 10'beyond proposed right-of-way (1 "=5' Vertically, 1 "=20'Horizontall Existing Exist. & Proposed Exist. & Proposed w/quantities Signage & Pavement Marking Plans 40 scale Included in Plan Sheets Utility Locations, Adjustments and Conflict Resolutions X X Construction Cost Estimate and Quantities X X X General Construction Plan Requirements: Plans shall be prepared on 11" x 17" sheets. • Each phase submittal shall include a minimum of five (5) sets of 11" x 17" drawings and one (1) set of disk(s) with drawings in PDF format. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. Page 5 of 7 LIAProjects\2010\St. James Drive SWK\St. James Drive Pedestrian Walkway Scope.doc ❑ � a Kimley-Hom and Associates, Inc. • Plans shall include spot grades adequate to describe any proposed grading. Spot grades will be provided to delineate ADA regulation compliance. • Match lines shall not be located within the limits of an intersection. • If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. • All quantities shall reference FDOT Pay Item Numbers. • All details shall reference FDOT Index Numbers. • All specifications shall reference to FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. • Initial, interim and Final Plan Submittal shall include the following: i. Five (5) Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. The plans will be prepared based upon English units. Design will be conducted in MicroStation and Geopak format. E. Signing and Pavement Marking Plans: Signing and Pavement Markings will be included within the Roadway Plan sheets. Quantities will be provided in the Summary of Pay Items sheet. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, and complete in design. Page 6 of 7 UAProjects\2010\St. James Drive SWMSt. James Drive Pedestrian Walkway Scope.doc ��❑ Kimley-Horn and Associates, Inc. SECTION IV - COMPENSATION The COUNTY agrees to pay and the ENGINEER agrees to accept for services - -----rendered purwant to fees in accordance with the following: A. Professional Services Fee: The basic compensation mutually agreed upon by the ENGINEER and the COUNTY follows: Lump Sum Tasks Task Description Fee Topographic Design Survey $ 14,500 Programmatic Categorical Exclusion $ 5,200 Construction Documents $ 34.595 Utility Coordination $ 1,465 Grand Total $ 55,760 SECTION IV - SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately four (4) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval 30% Design Drawings 8 weeks following NTP 50% Design Drawings 14 weeks following NTP 100% Design Drawings 16 weeks following NTP Page 7 of 7 UAProjects\2010\St. James Drive SWK\St. James Drive Pedestrian Walkway Scope.doc 21 cc E E 7 U) m fA m L a co 3 Y_ �0 3 c to co � U a m � a 42 m La E � � L C c E C It O N O O N 0 0 0 0 0 0 0 j0 v N N � O m O V! ci C W LO co �O v O C po t y N m F coo WSOW0000000 M W N C V) _LQ � Q Opt 00 0000�0000000 w LID cl fA W IL to), Cn N CN N O N 0 0 0 0 0 0 0 ri C N C - vi aW 00 Occ 0� co CD CID V NON0000000 ++ v COo c N LQ O C� :9��t+9d09 d vi n n n n u a 43 m oaf C W d o C G o 0�- c� o a ap„ a c c c— d o a E Ada c C a� co 1 c u °v E a ° �a C c 'a cC. m b o �._. cfL c c �t� Gd'C�WJtgfAaJIL V- m CA a N N CD m n. I 0 _(D c L L q O LIl M O •> N C y m ta, h c Q f0 E t � o V c w u _ a N co O to CO OD C— a a. C V cm co 0 0 c o UA a C W w C N (O N CD V N d " Q N � b IySI j p� C y Y O O y w m W q 0m o A m m r Cc m t Z w m w E w vm �' v � w " : w "Q c � = oa a M a if d m a IIIIINIIIIIgllllll IIaYRII��llllllll IIRRllllnllllllll �N�I�����N�R� IIVIIUIIIIIIIIIIINI <O O a COUNTY F L O R I D A ITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING -AEG. QUASWD CONSENT VI—D2 5/4/2010 O (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works D' ect SUBJECT: Local Agency Program (LAP) Agreement - St. James Drive Sidewalk Phase 1 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101006-4116-563000-4109; Transportation Trust Impact Fees PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of LAP Agreement No. 422171-1-58-01 with Florida Department of Transportation (FDOT) in the amount of $201,000 for St. James Drive Sidewalk Phase 1, approval of Resolution No. 10-137 and authorization for the Chairman, to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures )✓ OMB Director Dan McIntyre Originating Dept. ( ) - ERD rpblona B. West ( ) `. - Marie Gouin \If Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director $W' DATE: May 4, 2010 SUBJECT: Local Agency Program (LAP) Agreement - St. James Drive Sidewalk Phase 1 ITEM NO. VI — D2 Backaround: The St. James Sidewalk - Phase 1 is a federally funded project with FDOT. The County will receive funding in the amount of $201,000 in the form of a LAP Agreement. Total project cost is estimated at $320, 000. The project consists of an eight foot wide multi -use path that will tie into the existing sidewalk just north of Rivers Edge Elementary and extend, approximately 1.3 miles, to the entrance at the Ox- bow Eco Center. The project will include one designated pedestrian crossing at St. James Drive and Blanton Boulevard intersection and will allow Rivers Edge Elementary, Southern Oaks Middle School, and the local neighborhoods safe pedestrian access to the Ox-bow Eco Center. Recommendation: Board approval of LAP Agreement No. 422171-1-58-01 with Florida Department of Transportation (FDOT) in the amount of $201,000 for St. James Drive Sidewalk Phase 1, approval of Resolution No. 10-137 and authorization for the Chairman, to sign documents as approved by the County Attorney. RESOLUTION NO. 10-137 A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT (# 422171-1-58- 01) FOR ST. JAMES DRIVE SIDEWALK PHASE 1 AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for St. James Drive Sidewalk Phase 1 (#422171-1-58-01). 2. The Board should authorize and approve execution of Local Agency Program Agreement with the Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves Local Agency Program Agreement with the Florida Department of Transportation (#422171-1-58- 01) for St. James Drive Sidewalk Phase 1. 2. The Board hereby authorizes and Chairperson to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 After motion and second, the vote on Resolution 10-137 was as follows: Chairman Charles Grande Vice -Chair Doug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula Lewis PASSED AND DULY ADOPTED this day of 12010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 1 FPN: 422171-1-58-01 Fund: SE/LF FLAIR Approp: Federal No: 8887 598 A Org Code: 55043010404 FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: --�-PN: - Fund: - - FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:94 Contract No: Vendor No: VF591474012008 Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of OF FLORIDA DEPARTMENT OF TRANSPORTATION, an Department, and St. Lucie County hereinafter called the Agency WITNESSETH: by and between the STATE agency of the State of Florida, hereinafter called the WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Sidewalk / Bike Lane Construction on St. James Dr from Oxbow Environmental Ctr to River's Edqe Elementary School and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A.B.1 AX are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de -certification of said Agency for future LAP projects. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 2 Removal of All Funds If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off -system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2011. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 321,000.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal - aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 3 "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding -commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to -Proceed from the Department. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Flo, ida Stab tes, as revised (see "Audits below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include federal direct or pass -through awards and resources received by a non -state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the I ecipient's resources obtained from other than -State entities). - - - 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 c) Other federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 FFICE LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT00307 Page 6 3. 4. Letters issued by the auditor, to the Department at each of the following addresses: Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 - Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient direct) to: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 7 (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30 The report must -tie -prepared -using -the format prescribed in 49 C.F.R.Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter V'Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE Page 8 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the O-partment-requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 0307 Page 9 to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the `Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 10 such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right -of -Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 03107 Page 11 accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include --at- - -- - - 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 03/07 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY ST. LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: GERRY O'REILLY, P.E. Title: Title: Director of Transportation Development Attest: Title: As to form: Attorney Attest: Title: As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 422171-1-58-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and St. Lucie County Dated PROJECT LOCATION: St. James Drive The project _ is x is not on the National Highway System. The project is x is not on the State Highway System. PROJECT DESCRIPTION: Bike Lane/ Sidewalk SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A (Phase 18and 28 LAP Agreements) b) Design to be completed by N/A . (Phase 38 LAP Agreements) c) Right -of -Way requirements identified and provided to the Department by N/A . (All LAPS requiring R/W) (District will handle all Right of Way activities on LAPS, the date would be set by the necessary timeframe to complete R/W activities. d) Right -of -Way to be certified prior to advertising for Construction. (All Phase 58 LAPS). e) Construction contract to be let by 12/31/2010 . (For Phase 58 LAPS). (This date would be prior to the end of the fiscal year that the Phase 58 is programmed in FM) f) Construction to be completed b 12/31/2011. (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This project is for reimbursement of Construction Only in the year 2009/2010 in the amount of $201,000.00. Upon execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date. Any unused funds will be deleted by the Department and the Federal -Aid Office upon completion and final billing. Upon completion of the Project, the Agency is required to notify the Department of the date of the completion and final invoicing. The Department may require an onsite inspection with the Agency SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE OB/06 Page EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 422171-1-58-01 St. Lucie County 2300 Virginia Ave Fort Pierce, FL 34982 PROJECT DESCRIPTION Name: St. James Drive Length: 0.821 Miles Termini: Oxbow Environmental Center to River's Edoe Elementary School TYPE OF WORK By Fiscal Year FUNDING (�) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning 2006-2007 2007-2008 2008-2009 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 Total Design Cost Right -of -Way 2006-2007 2007-2008 2008-2009 Total Right -of -Way Cost Construction 2006-2007 2009-2010 SE (62.62%) 2009-2010 LF (37.38%) Total Construction Cost $201,000.00 $201,000.00 $120,000.00 $120,000.00 $321,000.00 $120,000.00 $201,000.00 Construction Engineering and Inspection (CEI) 2006-2007 2007-2008 2008-2009 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $321,000.00 $120,000.00 201 000.00 The Departments fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: - Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 201,000.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT OS/09 Page EXHIBIT "X" PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE FPN: 422171-1-58-0 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation (Department) and St. Lucie County Dated SPECIAL CONSIDERATIONS BY AGENCY: The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local Agency Program Agreement executed between the Department and St. Lucie County Dated Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project or any American Recovery and Reinvestment Act (ARRA) project shall/may be reduced upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP Supplemental Agreement is executed, a copy of the LAP Supplemental should be forwarded to the Department's Federal -Aid Management Office. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30 FEDERAL -AID PROJECT FUNDING REQUEST CONSTRUCTION 08l00 Page 1 of 2 DATE AGENCY St. Lucie County FEDERAL -AID PROJECT NUMBER 8887 598 A FIN NUMBER 422171-1-58-01 STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE St. James Drive PROJECT TERMINI FROM: Oxbow Environmental Center TO: River's Edge Elementary School WORK PHASE: PLANNING ENVIRONMENTAL ❑ DESIGN ■ ;CONSTRUCTION RIGHT OF WAY AWARD TYPE: ■ ;LOCAL LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: N/A and reevaluated on: EA /FONSI approved on: N/A , and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: Type II Categorical Exclusion determination on: N/A Categorical Exclusion Reevaluation on: N/A PHASE TOTAL ESTIMATED COST nearest Dollar LOCAL AGENCY FUNDS nearest Dollar STATE FUNDING nearest Dollar FEDERAL FUNDS (nearest Dollar) PERCENT FEDERAL FUNDS OBLIGATION DATE Month / Year PLANNING PD&E DESIGN R/W CONST. $321,000.00 $120,000.00 $0.00 $201,000.00 62.62% TOTAL $321,000.00 $120,000.00 $0.00 $201,000.00 62.62% DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 48' Number of Lanes 4 Bridge Number(s) on Project None DESCRIPTION OF PROPOSED WORK New Construction ❑ 3-R ■ �EnhancementFl Congestion Mitigation Sidewalk / Bike Lane Roadway Width Number of Lanes Bridge Numbers s on Project TITLE: Grant Specialist LOCAL AGENCY CONTACT PERSON Lori Rock MAILING ADDRESS: PHONE: (772) 462-2517 2300 Virginia Ave Ft. Pierce, FL AGENCY ZIP CODE: 34982 St. Lucie County LOCATION AND DESIGN APPROVAL: BY: Approving Authority TITLE: DATE: 525-010-30 CONSTRUCTION 08/00 Page 2 of 2 AGENCY: PROJECT TITLE: DATE: St. Lucie County St. James Dr. from Oxbow Environmental Center to River's Edge Elementary School EN\7fffONMENTAL COMMITMENTS AND -CONSIDERATIONS: — - An Environmental determination has been completed for this Project. RIGHT OF WAY AND RELOCATION: There is no right of way acquisition associated with this Project. THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. DATE By: AGENCY: (Mayor / Chairman) AGENDA REQUEST ITEM NO. VI-133 DATE: 5/4/2010 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Barbara Guettler bA SUBMITTED BY: Public Works - Engineering MSBU Assstant SUBJECT: Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101001-4115-549000-400 Advertising PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to advertise public hearings for the Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts to be held on June 1, 2010 at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) I OMB Director (X) / Y� Budget Analyst Daniel McIntyre Marie Gouin Originating Dept. ( X) VA. County Engineer (X) M �p Dol ald West Michael Powley Department Name MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Director � W FROM: Barbara Guettler, MSBU Assistant �� Engineering DATE: May 4, 2010 SUBJECT: Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts ITEM NO. VI-D3 Backaround: The County has 19 Street Lighting Districts (SLDs). Two of the districts were created in 2000 and are funded by non -ad valorem special assessments. The 17 other SLDs which were created prior to 1996 are funded by millage-based ad valorem tax assessments. Special assessments are different from tax assessments in that they are a fee charged to those who benefit from a certain service or improvement. Therefore, they are not based on millage but on the actual cost of the service or improvement. As a result of discussions in last year's budget meeting with the Board, staff was directed to investigate the feasibility of converting the method of collection for the 17 SLDs that are currently ad valorem tax assessments to non -ad valorem special assessments. The uniform method for collection of non -ad valorem assessments as set forth in Florida Statute 197.3632, is a fair and reasonable way to fund street lighting improvements. While millage has remained constant, property values have decreased, and the charge for electricity has increased. Therefore, ad valorem tax collections are no longer sufficient to fund the cost of providing street lighting services to the properties within each district. It is our proposal to modify all of the ad valorem tax based SLDs to non -ad valorem special assessments. Over the next four months, a public hearing will be held for each of the 17 SLDs for the Board to consider comments from property owners before deciding whether to convert the method of assessment from ad valorem taxes to non -ad valorem special assessments. May 4, 2010 Item No. VI-C Page 2 "revious Action: September 7, 1971 — Board approved Resolution No. 71-93, creating the Sunland Gardens SLD. November 25, 1975 — Board approved Resolution No's. 75-119 and 75-120 creating Harmony Heights 1 and Harmony Heights 2 SLDs. June 27, 1978 — Board Approved Resolution No. 78-63 creating the Sunrise Park SLID. December 8, 2009 — Board approved Resolution No's. 09-334, 09-331, 09-332, and 09-335, stating its intent to use the uniform method of collection for non -ad valorem special assessments levied by the Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park SLDs. Recommendation: Board authorization to advertise public hearings for the Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts to be held on June 1, 2010 at 6:00 p.m. or as soon thereafter as may be heard. AGENDA REQUEST ITEM NO. VI-E DATE: 05/04/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Catastrophic Inmate Medical Insurance Policy Renewal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to renew the Catastrophic Inmate Medical Insurance Policy and authorization to pay the annual premium of $77,540.00. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) OMB Director ( X ) Budget Analyst (Daniel S. McIntyre) Originating Dept. ( X) (Daniel J. Lu e) (Marie Goui ) (Name) Human Resources/Risk Management Malik MEMORANDUM TO: Board of County Commissioners THROUGH: Carl Holeva, Human Resources Director FROM: Daniel J. Lutzke, Risk Manager DATE: May 4, 2009 SUBJECT: Catastrophic Inmate Medical Insurance Annual Policy ITEM NO. VI-E Background: This catastrophic inmate medical insurance policy has been in effect since May 1, 2009 and now requires payment of a renewal premium in order to extend coverage from May 1, 2010 through April 30, 2011. This policy provides protection for the County from extremely large medical insurance claims involving incarcerated inmates. Claims such as kidney disease, heart ailments, severe trauma, etc., requiring surgery or long term in —patient hospital care are very costly. The County received $184,272.53 in reimbursements from this insurance coverage during FY 2009 and projections show recoveries in excess of $125,000 from the insurance policy currently in effect. This Optum Specific Stop Loss Health policy provides a high Average Daily Maximum (ADM) per admission coverage of $9,000 for the first 3 days and $5,000 thereafter. There is no overall annual aggregate maximum coverage limit. Catastrophic coverage reimburses the county for off jail premises inmate medical costs that are in excess of a $75,000 per individual inmate Specific Deductible. Optum insurance now offers to renew this policy with a $77,540.40 premium. This is a 12.3% reduction from last year's premium of $88,506. Attachments A. Hunt Insurance Group Invoice No. 154657 in the amount of $77,540.00 B. OptumHealth letter of approval of the Specific Excess Loss coverage policy. Previous Action The Board has previously approved purchase of a catastrophic Inmate Medical Insurance policy in each of the last five years. Recommendation Board approval to renew the Catastrophic Inmate Medical Insurance Policy and authorization to pay the annual premium of $77,540.00. r U 111Health.., I April 15, 2010 Mr, David Dunbar Hunt Insurance Group d/b/a Hilb, P.ogal & Hobbs 3606 Maclay Boulevard South Tallahassee, FL 32312 Re: County: Address: Effective/Expiration: Liability per Inmate: Specific Deductible: Annual Premium: Exclusion Buy -Backs: Average Daily Maximum (ADM): Attachment - A Specific Stop Loss Coverage St. Lucie County BOCC 2300 Virginia Ave. Ft, Pierce, FL 34982 05/01 /2010-11 $250,000 $75,000 $77, 540 None $9,000/$5,000 We have approved the Specific Excess Loss coverage ror the county listed above. The policy for St. Lucie County BOCC will be issued upon receipt of our signed Subsequent Policy Period Offer, Plan Document and applicable premium. Please let me know if you have any questions regarding this matter, and thank you for choosing United HealthCare. Sincerely, Naomi Zellers, Senior Underwriter 3803 North Elm Street Greensboro, NC 27455 email: nao_mi zellers@OptumHealth.com Phone: 336-540-7662 �t IN-; INSURANCE- GRCIUR f ? C Hilb, Rngul rrb� HRH FL 3_31" P.O. ao�( 1 3 Taf;ahaas:ee F+ 3231 riJ i i5 30 L4 a x bS-0 i 385-2 i 24 ---------- I N V O I C E---------- St. Lucie County Sheriff's Office 4700 W. Midway Road Fort Pierce, FL 34981 Named Insured: St. Lucie County Sheriff's Office P'.rnse rt:rlude uw ,ce number it, you, payrnerll Make checks payable to: Hunt Insurance Group ` t' • i- UxlliliNHL INVUICE Attachment - B Invoice Date 0 4 / 15 / 10 Invoice No. 154657 Bill -To Code 8STLUCIE Client Code 8STLUCIE Inv Order No. 8 * 15 0 5 91 Amount Remitted: $ WIK;s is a member of a major international group of companies. In addition to the compensation received by Willis from insurers for placements of your insurance coverages, other parties, sic') as excess and surplus lines brokers, wholesalers, reinsurance intermediaries, underwriting managers and similar parties (some of which may be owned in whole or in part by Willis' corporate parent or affiliates), may earn and retain usual and customary commissions for their role in providing insurance products or services to clients under their separate contracts with vilh insurers or reinsurers. On October 21. 2004. we announced that we would discontinue contingencies in North America immediately and in other countries in which we operate by the ere of the year. For any placements that were made prior to October 21, 2004, it is possible that Willis or its corporate parents or affiliates, earned contingent payments or allowances from .nsi.lers based on factors which are not client -specific, such as size or performance of an overall book of business produced with an insurer by Willis, its corporate parents or affiliates gone wr.lten request. Wilms will provide information regarding the compensation received by Willis or by its corporate parents or affiliates. Prior to its merger with Willis, HRH accepted ^hnyern compensaton on certain of its clients' accounts, these contingents will be phased out over three years, and no contingents will be accepted on any new brokerage clients or ,.�sinuss ge^,eraled after the October 1. 2008 acquisition. 0 ITEM NO. VI-F DATE: 05/04/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLa SUBMITTED BY: Central Services Assistant Director SUBJECT: Invitation to Bid Construction of Little Mud Creek Boat Ramp BACKGROUND: See attached memorandum. (x) FUNDS AVAILABLE: 187-7240-599330-700 Florida Boating Improvement Program Reserves (FBIP) 187-6230-563000-6953 Blind Creek Park PREVIOUS ACTION: March 24, 2009 — BOCC approval to submit a grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program. July 14, 2009 — BOCC approval to use local FBIP Reserves as a match for the FIND grant. RECOMMENDATION: Board approval to advertise an Invitation to Bid Construction of Little Mud Creek Boat Ramp. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 A Coordination/Signatures County Attorney ( x ) Dan McIntyre Originating Dept. ( x) � N1�c - �oa Roger A. Shinn CONCURRENCE: GFayyeee W. . Outlaw, MPA County Administrator OMB Director ( x) n Budget Analyst y ` ftA Marie Gouin Patty Marston Purchasing ( x ) QC Desire Cimino H \ AGENDA - 355 Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director FROM: Don McLam, Assistant Directe� Central Services DATE: May 4, 2010 SUBJECT: Invitation to Bid Construction of Little Mud Creek Boat Ramp ITEM NO. VI-F Background: This bid is for construction of a boat ramp at Little Mud Creek, a part of Blind Creek Park, located on South Hutchinson Island. The Blueway Committee Management Plan that covers Blind Creek includes construction of a boat ramp to be constructed on the shore of Little Mud Creek. The project will occur on the southeast side of S. Ocean Drive (A1A) and will consist of a 15'x45' ramp, 15'x25' approach, 120 lineal feet of retaining wall and a 5'x60' dock with grated decking (see Attachment 1, 2 & 3). Florida Inland Navigation District (FIND) awarded St. Lucie County a grant in the amount of $40,000 for the construction of the Little Mud Creek boat ramp. Additional funding is available through use of local FBIP Reserves which are funded by an annual allocation from the Florida Fish and Wildlife Conservation Commission (FFWCC) to St. Lucie County for boating improvements. Recommendation: Board approval to advertise an Invitation to Bid Construction of Little Mud Creek Boat Ramp. LEGEND 510- Streams and Waterways 210.47 SF 612- Mangrove Swamps 235.00 SF 740- Disturbed Lands 790.24 SF Feet 0 50 100 200 300 400 Land Use. Cover, and Forms CIM" Kimley-Ham and Associates, Inc. ® 2009 Kimley-Ham and Associates. Inc. 10521 S.W. Village Center Drive, Suite 103 Port St. Lucie, Fl- 34987 Phone (772) 345-3800 Fax (772) 286-0138 www.kimlev4iom.com VEGETATION (FLUCFCS) MAP LITTLE MUD CREEK ST. LUCIE COUNTY FLORIDA SCALE: 1 inch equals 200 feet I PROJECT NO: 047207001 I MAY 2009 _ FIGURE 3 ,'rofile ATTAUMENT 2 7w!og name: K:\VRB_Environmenta1\04720700" }Aud Creek\CADD\l3tP\Little Mud Creek ERP Plans.dwg Plan:;. , M,n,m4 igA•s .M B. mcnla od 6itu pad Asd, m m haw-,1 d e,,:-.' nb�d a+v w a. vd� P.Ps. me dmi ro, .Idi1 .m aav3 aee. d oe wr�.P� ,� m us do�w .�t.N:e�m aiuuhma, ae u�mum y crdmw:.: e,d Amana �c m e..Mfal rmmy b pdq-xvn me .l-�snn, loc �1 O OO O� 41 _ N O N O W O (7 0 0 0 0 0 0 0 0 00 CD /`--�— ➢ -� m tV /�\•� 8 N N0R a ➢ o I �� EBB �x CD { 9 �➢ m I --I ➢ + I: y M y 01 FLOOD o 00 fTi -p / z CO L. (, tooo ' r*i 0 0 �.. �` n r r- C� t \' {O 1 �' I � o OT. P _ 0 X \, — \ X X X 10 fTt o D , y r ��� 4 _ 4 _ }{ o H-ot� 1 CDo.m ( I ..FA 0 00 cam U, 1 U� ➢ m 1. I M z o c� 1...; oY:r�t::... O ( <:o b nC-) M. C I m O CDU):o z �' l D cn:_ t M Co C� ° � t E3 > 0 D m'O �j S � ° o F- : S (n C N.M QG C/D a ° r- f.' 0 tI o, ➢ { �o i' No <� n III ;o Ivz ^;' �c� m� �� 11 CDO= -.• ➢o ➢z ➢ D ` ➢ ? p ➢ rii o� o m m M -I m `7 x o I ,� o , X \ I o O I (.,i N O ➢ 0 Z I o `� -{ z� m� O r(n ��Ir*I000m z i Doomx Nov' �OM0 cn �D zM><-a c�� Dz-iron Z ➢ z CA z o _ m. - . o zzczi0K oz = e_ O O ➢ M (n z ➢ '� to m / m °* nZ, O D ED.Z1"-0➢ -i Fr�GM m--A I �� oz lCf) <O--z� I i z m -1 OZ CDCDM m A N CD N -A- M m CDD O 0 0 0 0 0 0 0 0 0 0 CD r, _•,� Ma O Z 07 PLAN AND PROFILE" ` ` L` ` m ueplL Ot Lnvl{Cr-1. P-ts:°. 11rE DESIGN ENGINEER m o LITTLE MUD CREEK Poi'%TED MEIJBE S. THOMAS, P.E. ®® Kmley Hcm L)FtSt LiJI 6_E 'EDBY ® andPssociates,lnc. �m+ N � o JCS FLDRIDA P.E LICENSE NUMBER: PROPOSED BOAT RAMP DRAWN BY 6 652 B © 2DO9 KBALEY—HORN AND ASSOCIATES. INC. N o o SDS 10521 Sw. vIIUCUMGE CDR SId1E 103, PORT ST. ILCIF m O Z O CHECKED BY to FL 34987 PHONE 7-72-345-38DO FAX- 772-298-0138 A .1f C DATdfl 7 t, —/ -4 WAWK14LEY-HORN.COY CA DODD0895 ATTACHMENT 3' Mud Creek\CADD\ERP\little Mud Creek ERP Plons.dwg Typ. S, /^+s ddtl d ,.. I9 d , 4 '— d dwd W a w� Rw d d ' '-1.6- .n " dm..�ed -.j. ,.i mFs'v - d .i�fd"s �I KW.!"Nn d Avcsia is �d M dEd fJRI le %d.�ily^ �d )+.vla 4 DrOwina nr.rt+e: K:\VRB—En1i1-`"TIentO1\0472D7D01 Ai 1..stl, hgdlr db M m46 d dqr vn.dd lean. a idrud d z 0 9 -v O m z� z � C= c z C'3 G-) 0 z V J m ca m O a it Z O 00 m W N Z O CD t >n mrn0m r M O = `o ;v z# ornz zm0 —Z:3 t �Dm x0 OD IZ' ° m -4 z�X = D D Z X_ m� co M K --j O N O MX `2�7= o M m rri Xm min DmZ rr-M0 ID m m �m Le) D % Vip O r Z C O �D / 0 m= xy c�- o1 M0 Z z Xm v p DO D I �11 n p \co m l O M MM r--x ^-00� m- m O < 0 N G O � I D o >X _� z M0 Z]D0D Ul m � -0 m 0 in o� �m Ul D r7nn �p Lo r. z SEP 1 4 2009 of Engineeersrs.. Army Date: of File # SAJ-2009-02561(NW/GP-JJR) Drawing # 6 of 9 N r- 0 0 m N Z � < n O D M / m [ I m CO �m OD Ui ID C S IDD11 �� oim OD M> 2 -0 ; O M A TYPICAL SECTIONS LITTLE MUD CREEK PROPOSED BOAT RAMP SCAIEAS NOTED EH DESIGN ORMt ® Ktmley-Hom A4ELIBE S. THOMA.S, P.E DESIGHM By ®® and Associates, Inc. JCS FLORIDA P.E. LIQNSE HUMBFli: DRAWN By 66528 © �� KlE CafHORN AND AS50 , PORT INC SDS iDS21 SW. M1Atf CEN7ER 0R, 4J1TE 103, PDNT 5T. WOE, L}1ECKED BY FL 34987-PHONE 772-345-3500 FAX: 772-2E6-0138 JCS DATE: �'. Z1ZCCI www.KIM!.Ey-HO N.COH CA 0000089E AGENDA REQUEST ITEM NO. VI-G1 DATE: 5/04110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Glenn Henderson SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Florida Division of Emergency Management Citizen Emergency Response Team Program — Budget Resolution BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 2, 2009 - Board approval of grant application submittal. March 2, 2010 - Board approval of grant acceptance. RECOMMENDATION: Board approval of Budget Resolution No. 10-140 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $11,000 for continuation of the Citizen Emergency Response Team Program. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED _ ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Attorney y Dan McIntyre Grants/Disaster ( ) Recovery Dept. if iam Hoeffner Coordination/Signatures OMB Director Marie Gouin Budaet Analvst Patty Marston Grants/Disaster Recovery Department MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director01 FROM: Glenn Henderson, Grants/Resource Developer DATE: May 4, 2010 SUBJECT: Florida Division of Emergency Management Citizen Emergency Response Team Program — Budget Resolution ITEM NO. VI-G1 Background: This agenda item is a request for Board approval of Budget Resolution No. 10-140 (Attachment A) to appropriate and expend funds received from the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program in the amount of $11,000. The award will help pay for the continuation of the St. Lucie County CERT program, which will continue its fourth year of operation as a collaborative effort between St. Lucie County, Indian River State College (IRSC), St. Lucie County Sheriff's Office, St. Lucie County Fire District and the City of Port St. Lucie. The program will provide public safety training to 60 new emergency volunteers to deliver critical support to first responders, offer immediate assistance to victims and assist on non -emergency projects that help improve the safety of the community. In addition, a refresher advance course will be offered to 120 CERT members. Refresher training expands on the training received at the original class and keeps the volunteers interested in refining their skills. St. Lucie County receives the state funds and sub -contracts with Indian River State College to administer the program. Recommendation Board approval of Budget Resolution No. 10-140 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $11,000 for continuation of the Citizen Emergency Response Team Program. Attachment A RESOLUTION NO. 10-140 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 Division of Emergency Management in the form of a Community Emergency Response Team (CERT) Grant in the amount of $11,000. The funding is to be used to educate and train CERT members to assist others when professional responders are not immediately available to help. 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 4th day of May, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001520-2510-331233-200 APPROPRIATIONS 001520-2510-534000-200 001520-2510-543000-200 Dept of Homeland Security Other Contractual Services General & Administrative Charges After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 4TH DAY OF MAY 2010. ATTEST: $11, 000 $10,670 $ 330 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-G2 OR TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Grants/Disaster Recovery Department DATE: 5/04/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Glenn Henderson Grants/Resource Developer Florida Division of Emergency Management Citizen Emergency Response Team Program — Interlocal Agreement See attached memorandum. FUNDS AVAILABLE: Account No. 001-2510-581000-29501. PREVIOUS ACTION: September 2, 2009 - Board approval of submittal of CERT grant application. March 2, 2010 - Board approval of CERT grant acceptance. December 16, 2008 - Board approval of prior interlocal agreement in regard to the CERT program. RECOMMENDATION: Board approval of an interlocal agreement, as approved by the County Attorney, between St. Lucie County, the City of Port St. Lucie, St. Lucie County Fire District, St. Lucie County Sheriff's Office and Indian River State College governing the administration of St. Lucie County's Citizen Emergency Response Team Program. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator —oordination/Signatures County Attorney ( ) OMB Director Dan McIntyre Budget Analyst Grants/Disaster ( ) Recovery Dept. Wil am Hoeffner O Marie Gouin Patty Marston Grants/Disaster Recovery Department MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director/40/ FROM: Glenn Henderson, Grants/Resource Developer P4- DATE: May 4, 2010 SUBJECT: Florida Division of Emergency Management Citizen Emergency Response Team Program — Interlocal Agreement ITEM NO. VI-G2 Background: This agenda item is a request for Board approval of an interlocal agreement (Attachment A) between St. Lucie County, the City of Port St. Lucie, St. Lucie County Fire District, St. Lucie County Sheriff's Office and Indian River State College (IRSC) governing the administration of St. Lucie County's Citizen Emergency Response Team (CERT) Program. The St. Lucie County CERT Program is a collaborative effort initiated four years ago to help train citizens to be better prepared to respond to emergency situations in their communities. These volunteers deliver critical support to first responders in emergencies and assist victims on non -emergency projects that help improve community safety. The program is coordinated by Indian River State College. Per the attached interlocal agreement, the Sheriff's Office, Port St. Lucie, Fire District and St. Lucie County Public Safety Department each contribute $6,000 annually to IRSC for program support. The Board has approved the Interlocal Agreement in prior years dating back to 2005. The County has received an $11,000 grant from the Florida Division of Emergency Management to continue the program for a fourth year. St. Lucie County receives the state funds and sub -contracts with IRSC to administer the program. The estimated cost of the CERT program is $47,360, which includes CERT coordinators provided by IRSC and in -kind services such as classroom space and training equipment. Recommendation Board approval of an interlocal agreement, as approved by the County Attorney, between St. Lucie County, the City of Port St. Lucie, the St. Lucie County Fire District, the St. Lucie County Sheriff's Office and Indian River State College governing the administration of St. Lucie County's Citizen Emergency Response Team Program. Attachment A INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this day of 2010, by and among ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County"), CITY OF PORT ST. LUCIE (a Florida municipal corporation, hereinafter referred to as the "City"), ST. LUCIE COUNTY FIRE DISTRICT, an independent special taxing district of the State of Florida (hereinafter referred to as the "District"), ST. LUCIE COUNTY SHERIFF (hereinafter referred to as the "Sheriff'), and INDIAN RIVER STATE COLLEGE, a Florida public institution of higher education (hereinafter referred to as the "College") WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services; and WHEREAS, the State of Florida Division of Emergency Management has awarded the County a Community Emergency Response Team ("CERT") subgrant to augment emergency management resources within the County; and WHEREAS, for purposes of expediency and efficiency, the parties hereto desire to enter into an interlocal agreement governing the administration of the CERT subgrant agreement (the "Subgrant Agreement") NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties hereto hereby agree as follows: 1. GENERAL This Interlocal Agreement ("Agreement') is entered into pursuant to Section 163.01, et seq., Florida Statutes, the Florida Interlocal Cooperation Act. 2. COUNTY RESPONSIBILITIES The County shall accept and enter into the 2009/2010 State of Florida Division of Emergency Management Emergency Response Team (CERT) Subgrant Agreement for a grant in the amount of eleven thousand and 00/100 dollars ($11,000.00) for implementation of the CERT Program. Upon receipt of such grant awards, the County will transfer the funds to the appropriate fund and/or account. The County will reimburse the College from the grant funds according to the terms of the grant contract. The County will review and submit the required reports to the granting agency on behalf of the County and the College. The County will assure that grant administrative procedures are in place and forwarded to the College along with any ' updates or revisions to such procedures. In addition, the County will contribute six thousand 00/100 dollars ($6,000.00) to the College on or before June 15, 2010, for implementation of the CERT Program. The parties shall coordinate implementation of the CERT Program in accordance with the terms and conditions of the Subgrant Agreement. 3. CITY RESPONSIBILITIES The City shall contribute six thousand and 00/100 dollars ($6,000.00) towards the implementation of the CERT Program. The City shall transfer these funds to the College on or before June 15, 2010. 4. DISTRICT RESPONSIBILITIES The District shall contribute six thousand and 00/100 dollars ($6,000.00) towards the implementation of the CERT Program. The District shall transfer these funds to the College on or before June 15, 2010. 5. SHERIFF RESPONSIBILITIES The Sheriff shall contribute six thousand and 00/100 dollars ($6,000.00) towards the implementation of the CERT Program. The Sheriff shall transfer these funds to the College on or before June 15, 2010. 6. COLLEGE RESPONSIBILITIES The College shall be responsible for the implementation of the CERT Program in accordance with the terms and conditions of the Subgrant Agreement. Upon receipt of the grant awards, the College agrees to expend the funds in accordance with the terms and conditions of the Subgrant Agreement. The College shall submit to the County Finance Department all receipts and/or other documentation accounting for all expenditures from the grant funds, as required by the Subgrant Agreement. The College shall transmit all submittals and reports required under the Subgrant Agreement to the County for submission to the granting agency. The College shall comply with the audit provisions of the Subgrant Agreement and shall be responsible for preparing and complying with any corrective action plan in the event that findings and/or recommendations are disclosed in the audit report. The College shall follow the grant administration procedures as approved by the St. Lucie County Board of County Commissioners. 7. INDEMNITY Subject to the provisions of Section 768.28, Florida Statutes, the County agrees to indemnify and hold the City, the District, the Sheriff, and the College harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the County while acting within the scope of his office or employment under circumstances in which the County, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes, the City agrees to indemnify and hold the County, the District, the Sheriff, and the College harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the City while acting within the scope of his office or employment under circumstances in which the City, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes, the District agrees to indemnify and hold the County, the City, the Sheriff, and the College harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the District or any employee of the District while acting within the scope of his office or employment under circumstances in which the District, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes, the Sheriff agrees to indemnify and hold the County, the City, the District, and the College harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the Sheriff or any employee of the Sheriff while acting within the scope of his office or employment under circumstances in which the Sheriff, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes, the College agrees to indemnify and hold the County, the City, the District, and the Sheriff harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the College or any employee of the College while acting within the scope of his office or employment under circumstances in which the College, if a private person, would be liable to the claimant, in accordance with the general laws of the State of ` Florida. 8. TERMINATION The term of this Agreement shall begin on the date first above written. Any party may cancel and terminate this Agreement with or without cause upon thirty (30) days written notice to the other parties. All responsibility and obligations under this Agreement will terminate at such times as the grant contracts in effect under this Agreement shall have been satisfactorily implemented and terminated. 9. WHOLE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 10. AMENDMENTS The Agreement may only be amended by a written document signed by all four parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 11. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 If to the City: City Manager City of Port St. Lucie 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984-5099 If to District: St. Lucie County Fire District 5260 NW Milner Drive Port St. Lucie, Florida 34983 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce. Florida 34982 With copy to: City Attorney City of Port St. Lucie 121 S.W. Port St. Lucie Boulevard Port St. Lucie, FL 34984-5099 With copy to: Fire District Attorney City of Port St. Lucie 121 S.W. Port St. Lucie Boulevard Port St. Lucie, FL 34984-5099 If to Sheriff: St. Lucie County Sheriff 4700 West Midway Road Fort Pierce, Florida 34950 If to College: Indian River State College Attn: Stephen Huntsberger 3209 Virginia Avenue Fort Pierce, FL 34981 11. FILING This Agreement, and any amendments hereto, shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: CITY OF PORT ST. LUCIE BY: City Clerk Mayor ATTEST: APPROVED AS TO FORM AND CORRECTNESS: i City Attorney ST. LUCIE COUNTY FIRE DISTRICT Gary Perdew, Clerk/Treasurer Chair APPROVED AS TO FORM AND CORRECTNESS: BY: Fire District Attorney WITNESSES: ST. LUCIE COUNTY SHERIFF ATTEST: Secretary BY: Ken Mascara, Sheriff APPROVED AS TO FORM AND CORRECTNESS: BY: Sheriff s Attorney INDIAN RIVER STATE COLLEGE BY: APPROVED AS TO FORM AND CORRECTNESS: Chairman College Attorney 'Or ITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT VI-G3 5104110 (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Glenn Henderson SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Florida Division of Emergency Management Citizen Corps Program — Budget Resolution BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 22, 2009 - Board approval of grant application submittal. March 2, 2010 - Board approval of grant acceptance. RECOMMENDATION: Board approval of Budget Resolution No. 10-141 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $7,000 for continuation of the Citizen Corps Program. COMMISSION ACTION: CONCURRENCE: (xj APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney V OMB Director Dan McIntyre Budget Analyst Grants/Disaster ( ) Recovery Dept. Vwf iam Hoeffner Marie ouin O Patty Marston Grants/Disaster Recovery Department MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director/o FROM: Glenn Henderson, Grants/Resource Developer �-- DATE: May 4, 2010 SUBJECT: Florida Division of Emergency Management Citizen Corps Program — Budget Resolution ITEM NO. VI-G3 Background: This agenda item is a request for Board approval of Budget Resolution No. 10-141 (Attachment A) to appropriate and expend funds received from the Florida Division of Emergency Management (FDEM)'s Citizen Corps Program in the amount of $7,000. The grant is for the continuation of the St. Lucie County Citizen Corps Council. The Council will continue to operate for a second year through a collaborative effort between St. Lucie County, Indian River State College (IRSC), St. Lucie County Fire District, St. Lucie County Sheriff's Office and the City of Port St. Lucie. St. Lucie County receives the state funds and subcontracts with IRSC to administer the program. The County's Grants/Disaster Recovery Department administers the FDEM grant. The Council brings together public safety agencies in St. Lucie County to encourage citizen participation in all -hazards emergency preparedness, disaster relief and community safety. The Council coordinates promotion and volunteer recruitment efforts for the local Citizen Corps partner programs, which support first responders through the use of trained volunteers. The partner programs include the following: • Civilian Emergency Response Team (CERT) • Medical Reserve Corps (MRC) • Neighborhood Watch • Civilian Observation Patrol (COP) In its first year, the Citizen Corps Program successfully initiated collaboration between the four partnering programs though joint meetings and also, through expenditure of grant funds. The program assisted in the recruitment of more than 230 St. Lucie County residents who learned about community preparedness, family safety measures and general safety precautions. Recommendation Board approval of Budget Resolution No. 10-141 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $7,000 for continuation of the Citizen Corps Program. Attachment A RESOLUTION NO. 10-141 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 Division of Emergency Management in the form of a Citizens Corps Program Grant in the amount of $7,000. The funding will be used develop a systematic, efficient, and effective method for providing public education and training opportunities, stimulating wide -spread participation, and organizing volunteer programs to increase the safety of the community. 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 4th day of May, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001521-2510-331233-200 APPROPRIATIONS 001521-2510-534000-200 001521-2510-543000-200 Dept of Homeland Security Other Contractual Services General & Administrative Charges After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 4TH DAY OF MAY 2010. ATTEST: $7,000 $6,790 $ 210 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. VI-G4 DATE: 5/4/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roberta Breene SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: Severe Repetitive Loss Program — Contracts BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to accept and execute five Severe Repetitive Loss contracts with the Florida Department of Emergency Management, as shown in Attachment A. COMMISSION ACTION: (Xj APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) {2 OMB Director Daniel McIntyre Budget Analyst Originating Dept. (X) Central Services Director W' iam Hoeffner Central Services (X) -Mario Gouin (X) wonna Johnson (X) (:;� t— Roger Shinn (X) � Don McLam Property Acquisition (X)+L JoAnn Riley Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner/A/ Grants/Disaster Recovery Director FROM: Roberta Breene &/d Grants/Resource Developer DATE: 5/4/2010 SUBJECT: Severe Repetitive Loss Program — Contracts ITEM NO. VI-G4 Background: Applications have been submitted to the Federal Emergency Management Agency (FEMA) to mitigate seven residential properties that qualify under the Severe Repetitive Loss Pilot Program. This program was designed to provide funding to reduce or eliminate the long-term risk of flood damage to severe repetitive loss structures insured under the National Flood Insurance Program. Under various conditions and qualifications, the program will: • Elevate the structure, or • Acquire and relocate or demolish the structure. If acquired, the land must remain as open space in perpetuity and be maintained by a government entity, or • Demolish and reconstruct the home. Subject to the program limitations, the Federal Emergency Management Agency, through the Florida Division of Emergency Management, provides 90% of the mitigation cost. The homeowner is responsible for the remaining 10%, but must pay for the costs and seek reimbursement through the County to the State of Florida Department of Emergency Management (FLDEM). Contracts have been received from the FLDEM for five of the seven applications and authorize funding for the flood mitigation of five properties (Attachment A). The remaining two applications are still under review. This does not include an application for the property owners who spoke to the Board several weeks ago: Jacques Beumer and Irene -Eva Ries, 5209 Palmetto Avenue Fort Pierce, FL 34982. The grant does not require a cash contribution from the County and allows 5% of the total project cost for administration and project management to be paid to the County. Should the County's administrative costs exceed 5%, the overage would not be reimbursed. The Board approved funding of $24,000 needed for technical studies to develop the grant applications. Only $8,020 of the $24,000 allocation was needed to complete the technical studies. Therefore, the fund was closed at the end of the 2008-2009 fiscal year. This $8,020 in costs has been added to the cost of the mitigation projects, and should be reimbursed to the County when reimbursement through the grant is requested. The estimated project cost for the first five properties is $1,347,379, which would result in an administrative fee to the County of $67,368.95. The three elevation projects will require project management by the Central Services Department to ensure adherence to grant requirements. The two acquisition projects will require project management by the Grants/Disaster Recovery Department with assistance from the Property Acquisition Manager. Previous Action November 3, 2009 - BOCC approval to submit additional data for elevation and reconstruction projects. October 20, 2009 - BOCC approval to withdraw and re -submit three acquisition applications. May 26, 2009 - BOCC Board approval of $24,000 for technical services needed to complete applications. May 13, 2008 - BOCC approval to submit eight applications. Recommendation: Board approval to accept and execute five Severe Repetitive Loss contracts with the Florida Department of Emergency Management, as shown in Attachment A. Attachment A Severe Repetitive Loss Pilot Program Contracts Received for Five Properties and Recommended for Board Approval May 4, 2010 Property Owner Mitigation Open Estimated Space Benefit Acres First Five Contracts Mr. and Mrs. Jerry Davis Elevation $ 333,362 3739 S. 25" Street Fort Pierce, FL 34982 Mr. and Mrs. John Demaio Elevation $ 71,154 10701 S. Ocean Drive, Lot 925 Jensen Beach, FL 34957-2637 Ms. Gloria Hidalgo Acquisition 2.68 $ 411,856 2502 Isola Bella Drive Fort Pierce, FL 34981 Mr. and Mrs. James Longstreet Elevation $ 212,747 614 Faber Avenue Fort Pierce, FL 34949-3551 Mr. and Mrs. William Shultz Acquisition 0.95 $ 318,260 3731 Wild Orchid Lane Fort Pierce, FL 34981-5226 Total 3.63 $1,347,379 q` AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-A DATE: May 4, 2010 REGULAR [ ] PUBLIC HEARING W CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: 2110 St. Lucie Blvd., Fort Pierce, FL - Unsightly and unsanitary conditions causing serious threat to public safety. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: See attached memorandum CA 10-0461. Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. Approved 5-0 Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator )y�[X] Code Compliance Manager Robin Meyer INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 10-0461 DATE: April 27, 2010 SUBJECT: Code Enforcement Case No. 64034 - 2110 St. Lucie Blvd., Fort Pierce, FL - Unsightly and Unsanitary Conditions and Unserviceable Vehicles, causing Serious Threat to Public Safety BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 2110 St. Lucie Blvd. in Fort Pierce and have exhausted all avenues to gain compliance. In Case No. 10692, a Notice of Violation was issued on September 26, 2001 against this property for violation of Section 1-9-19 of the St. Lucie County Code of Ordinances for abandoned property, unserviceable vehicles and outside storage. A letter was issued to the owner of the property and he was given a compliance date of October 17, 2001. The property was still in violation on June 5, 2002 and was brought before the St. Lucie County Code Enforcement Board. At that time, an Order was issued giving Mr. Schmidgall until August 7, 2002 to correct the violations. On September 4, 2002, Staff reported to the Code Enforcement Board that the property still remained in violation. An Order Imposing Fine/Lien was entered. In Case No. 17362, a Violation Hearing was held on March 21, 2003 against this property for violation of Section 11.05.01 of the St. Lucie County Land Development Code for failure to obtain a permit and final inspection on a structure being built on the property. On May 7, 2003, Staff reported to the Code Enforcement Board that the violator had still not obtained a permit or final inspection. An Order Imposing Fine/Lien was entered. In Case No. 39342, a Violation Hearing was held on April 5, 2006 against this property for violation of Section 13.00.01, Article 103.5 of the St. Lucie County Land Development Code for an unsafe structure on the property. It was determined that the structure was too damaged to be repaired and must be taken down. On May 3, 2006, Staff reported to the Code Enforcement Board that the violation still existed. An Order Imposing Fine/Lien was entered. On April 8, 2008, the Board of County Commissioners, pursuant to Chapter 2-5 of the St. Lucie County Code of Ordinances (the "Code") declared the building unsafe and ordered a public hearing to be held May 13, 2008 to determine what steps should be taken with respect to the Building. On May 13, 2008, the Board of County Commissioners ordered the repair or demolition of the unsafe building located on the property at 2110 St. Lucie Blvd., Fort Pierce, FL 34946. The building was not repaired by the Owner as required by the Order and on or about October 20, 2008, it was demolished by the County and a Notice of Assessment and Lien for Costs of Demolition of Unsafe Building were recorded in the public records of St. Lucie County (OR Book 3040, Page 1437). In Case No. 64034, a Violation Hearing was held on November 4, 2009. The property was found to be default in violation of Section(s) 1-9-17 - Junk, Trash and Debris in the Right of Way; Section 1-9-19 Abandoned Property, Unserviceable Vehicles; Section 8.00.OQ Accessory Uses and Structures; Section 8.00.03(F) Particular Permitted Accessory Structures; Section 3.01.03(J) - RS-4, Residential, Single Family (runninga treetrimming business not permitted), Section 7.10.14(A) Commercial Vehicles and Semi -Trailers and Section 1-9-32(D) Public Nuisance, excessive overgrowth. A compliance date of 12/4/09 was issued and as of January 5, 2010, the property remained in violation. An extension was given in the case because St. Lucie County Community Services was trying to give Mr. Schmidgall assistance to build a house, but he will not be eligible for assistance if there are liens on the property. The case was granted the 60 day extension and continued to the April 7, 2010 Code Enforcement Board meeting. As of April 7, 2010, the property has not been abated. On April 7, 2010, the Code Enforcement Board issued an order to Staff to bring the property to the Board of County Commissioners as they found the property to present a serious threat to public safety. Chapter 67-1998, Laws of Florida, Section 5 (attached) finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, shall be kept clear and clean of weeds, underbrush, rubbish, junk, debris, vegetation (including trees), brush and unsightly and unsanitary matters where the public health, welfare and safety are concerned. If the Board of County Commissioners finds it wise and expedient and serves a public health or safety purpose for such property to be cleaned of junk, trash and debris, weeds or other growth or materials, including, but not limited to unsafe structures, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property, or St. Lucie County will have it cleared and place a lien on the property. KMS/cb Encl. H:\AgerdaMem KMS•SchmfdgaII3.wpd Respectfully submitted, Ili Katherine Mackenzie -Smith Assistant County Attorney LAWS OF I'LORIDA CHAPTER 67-1,008 affected by the violation of any regulation, restriction, limi- tation or other provisions of the code. Section 14. If any section, subsection, paragraph, clause, phrase or word of this act is for any reason held to be uncon- stitutional or invalid, such holding shall not affect the remain- ing portions of this act, the legislature hereby declaring that it would have passed the remainder of this act and each and every section, subsection, paragraph, sub -paragraph, sentence, clause, phrase and. word thereof irrespective of the fact that any one or more other section, subsections, paragraphs, sub- paragraphs, sentences, clauses, phrases, or words, thereof may be declared unconstitutional or otherwise ineffective. Section 1.5. This act shall be effective immediately upon be- coming a law, Became a law without the Governor's approval. Filed in Office Secretary of State July 4, 1967. CHAPTER 67-1998 House Bill No. 2483 AN ACT relating to lot cleaning in recorded subdivisions in St. Lucie county, Florida, outside of municipalities; declai•- in leanin to be in the interest of public health, safety and welfare; regtnrrng o owners rn such subdivi- sions to keep the same free of debris, vegetation, trash, filth, weeds, rubbish, junk and other unsigjjUy and unsanitary matters when the public Dealt :, wa of re s.iii.I s-IPJy '11.0 con- cerned; authorizing the board of county commissioners of St. Lucie county to require lot owners to clear and clean up such lots; providing procedure in the event the owners fail to comply and for liens against such property when cleared and c-leaned by the county; providing, .for notices to owners and r,ther matters related thereto; declaring the jn.rrposeg of this act; to be county purposes; providing that the viola- tion of this act is a misdemeanor; authorizing the board of c..omity commissioners of St. Lucie county to budr;ct and levy tn;:eq to get up .z fund for carrying out the purposes of 3985 CHAPTER 67-1908 LAWS OF FLORIDA this act; providing this act shall be cumulative of other spe- cial or Iocal acts; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. It is found and declared to be expedient and nec- essary to the preservation of the public health, comfort, safety and welfare of the inhabitants of St. Lucie county that all lots in recorded subdivisions in St. Lucie county, outside of mu- nicipalities, be required to be kept clean, sanitary and free from debris, vegetation (including trees) or Any other matter which, by reason of height, proximity to neiglboring struc- tures, physical condition, or other peculiar characteristics, might cause damage to life 'or property within the immediate area surrounding the same. The existence of any debris, vege- tation or other matter which shall create a hazard is hereby declared to be a nuisance. Section 2. All Iots in recorded subdivisions in St. Lucie county, outside of municipalities, shall be kept free frorn de- bris, vegetation (including trees) or any other ulntter, which by reason of height, proximity to neighboring structures, phy- sical condition, or other peculiar characteristics, might cause damage to life or property within the immediate area sur- rounding the same. Section 3. All lots in recorded subdivisions in St. Lucie county, outside of municipalities, shall be kept free from any kind of trash or filth, including specifically, but without limi- tation, any broken tree limbs, leaves or branches, any uncon- tained garbage or refuse or any other type of material which might conceal pools of water, create breeding ground for mosquitoes, flies, rats or snakes or which might be - other- wise detrimental to the health or safety of the inhabitants of St. Lucie county. The existence of any such trash or filth is hereby declared to be a nuisance. Section 4. All lots in recorded subdivisions in St. Lucie county, outside of municipalities, shall be kept free from weeds of a height exceeding eighteen (18) inches. The word "weeds" as used herein shall be held to include all rank vegetable growth which may breed rats or snakes or which may create a fire hazard or which might be a source of physical distress to human beings and the word shall also be deemed to include .3936 LAWS OF FLORIDA CHAPTER 67-1998 all high and rank vegetable growth that may conceal pools of water, trash, filth or any other deposits which may be detri- mental to health. The existence of any such weeds is hereby declared to be a nuisance. Section 5. The board of county commissioners of St. Lucie county, shall have the power and authority to require owners, or other interested persons, of lots in recorded subdivisions in St. Lucie county, outside of municipalities, to clear and clean such lands of weeds, underbrush, rubbish, junk, debris, vege- tation (including trees), brush and unsightly and matters more particularly described in' e preceding sections 'oMis act, and if the owner, owners, or persons interested in such property, do not comply with any such requirements within the time limited and fixed by resolution, the board of county commissioners of St. Lucie county may have the clear- ing and cleaning done and the cost thereof including an ad- ministrative charge of two dollars ($2.00) per lot shall be a charge and lien against such property, which charge and lien shall be forthwith due and payable with interest thereon at six per cent (6%) per annum from the due date. Section G. Whenever the board of county commissioners of St. Lucie county shall determine that it is wise and expedient and serves a public health or safety purpose for such property to be cleared or cleaned of weeds or other growth or materials as described in the preceding sections of this act, the board shall cause a notice to be delivered or to be sent by registered or certified mail to the last record owner or owners of such property at the last available address of such owner or owners, notifying such owner or owners, or such of them as can be found, of the necessity of such clearing or cleaning of the prop- erty, the nature and extent of the work to be done. Such notice may be in substantially the following form : Notice Date To: - ---------------- Address:.......... ------------ ----------- ------------------- Property•---------------- ------------ . You, as the owner of record of the property above de- scribed, are hereby notified that the board of county com- 3937 CHAPTER 67-1998 LAYS OF FLORIDA missioners of St. Lucie county, Florida, on the ______...__.._._ day of ---------------- _..... 19--------- determined that a nuisance exists upon such property, caused by (list briefly the details) You are hereby notified that you must abate this nuisance within thirty (30) days, failing in which the board of county commissioners will have it done and the cost there- of will be levied as an assessment against such property. Board of County Commissioners of St. Lucie County, Florida Section 7. If the property owner or someone in his behalf has not abated the nuisance as described in said notice within thirty (30) days from the date of giving of notice as afore- said, the county of St. Lucie shall forthwith abate the same and shall through its employees, servants, agents or contrac- tors be authorized to enter upon the property and take such steps as are reasonably required to effect abatement. Section 8. As soon after such abatement as feasible, the cost thereof to the county as to each parcel including a two dollar ($2.00) per lot administrative charge shall be calculated and reported to the board of county commissioners. Thereupon the board of county commissioners, by resolution, shall assess such cost against such parcel. Such resolution shall describe the land and show the cost of abatement actually incurred by the county with respect thereto including said administrative -harge. Such assessment shall be legal, valid and binding obli- gations upon the property against which made until paid. The assessment shall become due and payable thirty (30) days af- ter the mailing of notice of assessment after which interest ;hall accrue at the rate of six per cent (60,G) per annum on any inpaid portion thereof. Section 9. As soon as possible after the assessment has )een made, the board of county commissioners shall cause a :ertified copy of the assessment resolution to be filed in the ;flute of the clerk of the circuit court in and for St. Lucie !ounty, and the lien shall become effective as of the date of iling such copy with the clerk of the circuit court. The clerk shall mail a notice to the record owner or owners of each of 3938 LAWS OF FLORIDA CHAMER 67-1095 saicl parcels of land described in the resolution, at the last available address for such owner or owners, which notice may be in substantially the following form: Notice To Address; ---------------------- ------- -----------..--....------------- Property: ..---------------------------.._.�__ You, as the record owner of the property above described, are hereby advised that the board of county commission- ers of St Lucie county, Florida, did on the ---------- day of ......____— ---------- __, order the abatement of a cer- tain nuisance existing on the above property, sending you notice thereof, such nuisance being (here describe briefly) A copy of such notice has been heretofore sent you. You failed. to abate such nuisance; whereupon, it was abated by St. Lucie county at a cost of $_._____._-_..-.__.... Such cost, by resolution of the board of county commissioners of St. Lucie county, has been levied against the above property and has become a lien thereon. You may pay .such assess- ment to the office of the clerk of the circuit court of St. Lucie county courthouse, Fort Pierce, Florida. If such as- sessment is not paid within one (1) year, suit will be in- stituted to enforce said lien by the sale of said lots. Board cif County Commissioners of St. Lucie County, Florida By.......------------- ...-...---.- ---------------- Section 10. If such assessment is not paid in full, includ- ing interest to the date of payment, within one (1) year after it is filed in the office of the clerk of the circuit court of St. Lucie county, it may be enforced by civil action as other liens are enforceable in the State of Florida. Such action shall in- clude court costs, attorneys fees and all other costs of enforce- ment. Section 11. Any person, firm or corporation or agent thereof violating the provisions of this act is guilty of a mis- demeanor and shall be punished according to law. 3939 CHAPTER e7-19H LAANIS OF FLORIDA Section 12. Clearing and cleaning of lots as set forth here- in is declared to be for a county purpose and the board of county commissioners of St. Lucie county is authorized to budget and levy taxes in order to set up a fund for the carry- ing out of the purposes of this act. Section 13. It is declared to be the legislative intent that if any section, subsection, sentence, clause or other provision of this act is held invalid, the remainder of this act shall not be affected. Section 14. This act shall be cumulative and shall not re- peal any existing special or local acts. Section 15. This act shall take effect upon becoming a law. Became a law without the Governor's approval. Filed in Office Secretary of State July 7, 1967. CHAPTER 67-1999 House Bill No. 2485 AN ACT relating to St. Lucie county, bidding by board of public instruction; providing that no competitive bids shall be required on any board of public instruction purchase or contract unless the same exceeds one thousand dollars ($1,- 000.00) ; providing an effective date. Be It Enacted by the Legislature of the State of Plorida: Section 1. The board of public instruction of St. Lucie county is authorized to enter into and make contracts for the purchase of materials, equipment, rolling stock, supplies and services without requiring competitive bidding thereon, provid- ing the amount to be paid therefor shall not exceed one thou- sand dollars ($1,000.00) . Section 2. This act shall take effect immediately upon be- coming a law. Became a law without the Governor's approval. Filed in Office Secretary of State July 7, 1967. 3940 NOTICE Tuesday, May 4, 2010 To: J. Andrew Schmidgall 2110 St. Lucie Blvd. Fort Pierce, FL 34946-8768 Property: 2110 St. Lucie Blvd., Fort Pierce, FL As the owner of record of the property above described, you are hereby notified that the St. Lucie County Board of County Commissioners of St. Lucie County, Florida, on Tuesday, May 4, 2010 determined that a nuisance exists upon such property, because your lot and house are in an unsightly and unsanitary condition, causing a serious threat to public safety. You are hereby notified that you must abate this nuisance within thirty (30) days by removing the unsightly and unsanitary conditions on the property and have it boarded. If you fail to abate the nuisance, the Board of County Commissioners will have it done and the cost thereof will be levied as an assessment against your property. If you desire to be heard by the St. Lucie County Board of County Commissioners on this matter, please contact the St. Lucie County Attorney's Office at 2300 Virginia Avenue, Fort Pierce, Florida 34982, 772-462-1441 and you will be scheduled to appear at the June 8, 2010 Board of County Commissioners meeting at 9:00 a.m. or as soon thereafter as possible, in the Commission Chambers, Third Floor of the County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida. THIS NOTICE DATED AND EXECUTED and dated this 4th day of May 2010. Board of County Commissioners of St. Lucie County, Florida 5:\AM\Code Enforcement\Notice5chmidgall.wpd IV AGENDA REQUEST ITEM NO. /]U- 8 DATE: May 4, 2010 REGULAR[] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 10-022 - Repealing Ordinance No. 07-004 which created the Whispering Oaks Community Development District BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 10- 022 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals Management 6 Budget PurchasingCounty: Attorney: _ Daniel S. McIntyre Originating Dept, Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO, Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C. A. NO.: 10-0460 DATE: March 22, 2010 SUBJECT: Ordinance No. 10-022 - Repealing Ordinance No. 07-004 which created the Whispering Oaks Community Development District BACKGROUND: Attached to this memorandum is a copy of a letter dated October 27, 2009, from Daniel B. Harrell, Esquire, to Jack Gaskins, Jr., and the County Administrator. As outlined in Mr. Harrell's letter, the Whispering Oaks Community Development District has not filed the reports or information required by law and is, therefore, considered to be inactive. Under Florida law, before a community development district can be declared inactive and dissolved, a notice must be published in a newspaper of general circulation in the County. After 21 days from the date of publication of the notice and if no appeal has been filed, DCA determines whether to declare the district inactive. DCA declared the District inactive on March 8, 2010. If a district is declared inactive, all district funds (in this case, approximately $1,400.00) will escheat to the County. In addition, the County has the option of repealing the ordinance establishing the district (Ordinance No. 07-004). Attached is a copy of draft Ordinance No. 10-022 which, if adopted, woulod repeal Ordinance No. 07-004. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No.10-022 and authorize the Chairman to sign the Ordinance. DSM/caf Attachments ORDINANCE NO. 10-022 AN ORDINANCE REPEALING ORDINANCE NO. 07-004 WHICH AMENDED CHAPTER 1-6.5 COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY BY ESTABLISHING THE WHISPERING OAKS COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On April 17, 2007, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 07-004, creating the Whispering Oaks Community Development District, an independent special district generally located in north central St. Lucie County, north of Patterson Road, south or Orange Avenue, east of Jenkins Road, and west of Hartman Road. 2. The registered agent of the Whispering Oaks Community Development District, Daniel B. Harrell, notified the Department of Community Affairs that the District had become inactive within the meaning of Section 189.4044(1)(a)(2, Florida Statutes (2009). 3. Notice of Proposed Declaration of Inactive Status was published in The Tribune on February 11, 2010. No appeals were filed. On March 8, 2010, the Department of Community Affairs declared the Whispering Oaks Community District inactive. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. REPEAL OF ORDINANCE NO. 07-004 Ordinance No. 07-004, adopted on April 17, 2007, is hereby repealed. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DULY ADOPTED this day of , 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney