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Home My WebLink AboutAgenda Packet 09-28-2010.- • • iitlttiieStiiiiiiiiiiliiltiiiii#iiiiliilii{1i13i(linkllNfN{I{illitli~iitil(itt(iitt1131fltBf[IltlltiiiN~it[ltliitti~tilil September 28, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed ~ 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. September 28, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl. us www.stlucieco.org i~ii~f~lfiilNiifi~ti~tiHilEtfiifi[iit(itiiifitili(iitiiltiiltttiHlii~ ii~filtttf{iittitiUli~iti~tiiiiitii[itiiiii3itifpitiiliiiiiitiiifittitiiiiiitiiltiiiiifi 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 It~ftitftlitifiilf~i[litijiiliti(Ifi~iilliEtiiif#lillltiiliAiiltitiiEFNril~tAttii[i'~11iRTiinli~itfifll[iiilllliilltifiif(fttiflitlltliftiiiiiiiift~[fitiiHiiif3fiiiiit~iiiifiifiiiiui I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES ,~ , , ,r~. ' ~ ~l Approve the minutes from the September 21, 2010 meeting. ~~~ ~~ IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-247 - "Disability Awareness Month" in St. Lucie County T~ Consider staff recommendation to adopt Resolution No. 10-247 as drafted. B. COUNTY ATTORNEY ,. ~ _, Resolution No. 10-251- "Fire Prevention Week" c,~~Lll 5 ti Consider staff recommendation to adopt Resolution No. 10-251 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS / 7 ~ / / Approve warrant list No. 52 B. COUNTY ATTORNEY 1. -- Approval of Agreement with William Miley to Provide Certain Volunteer Services at Bluefield Consider staff recommendation to approve the new agreement with William Miley for Volunteer in Preserve Program. 2. Drug Abuse Treatment Association, Inc. (D.A.T.A.) Twelfth Amendment to 1990 Facilities Use Agreement ~f Consider staff recommendation to approve the Twelfth Amendment to the Facilities Use Agreement with D.A.T.A. B. COUNTY ATTORNEY CONTINUED Request to have the Board to amend and approve a Contractual Rate Agreement (Amendment No. 0006) with United For Families, Inc. (UFF) for drug screening services. Consider staff recommendation to approve the Amended Contractual Rate Agreement with United for Families, Inc., and that the Chairman be authorized to sign the Amended Contractual Rate Agreement 4. Permission to Advertise -Certificate of Public Convenience and Necessity (CON) - Application for Class F for Golden Year Senior Care, Inc. Consider staff recommendation to advertise Golden Years Senior Care, Inc.'s application for Certificate of Public Convenience and Necessity for public hearing before the Board of County Commissioners on October 26, 2010 beginning at 9 a.m. or as soon thereafter as may be heard. 5. Interlocal Agreement -TCERDA Utility Improvements Consider staff recommendation to approve the Interlocal Agreement with the proposed amendment to Paragraph 5C and authorize the Chairman to sign the Interlocal Agreement. Staff also recommends that the Board approve the amended Interlocal Agreement as an Exhibit to the previously approved Interlocal Agreement with the City of Fort Pierce, FPUA, the County and TCERDA pertaining to annexation to the Research Park. 6. Revocable License Agreement with Cedar Creek Engineering Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. C. PUBLIC WORKS Engineering Division: 1. Palm Breezes Club Phase I Consider staff recommendation to approve acceptance of the off-site improvements; Maintenance Agreement for the off-site improvements; the amended Subdivision Improvements Agreement; the associated partial release of surety, and authorization for the Chairman to sign documents as approved by the County Attorney. Administration: 2. Bid waiver and Sole Source Determination Consider staff recommendation to approve bid waiver and sole source determination for the purchase of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo and Samsung, Trekker Tractor, LLC, for Case, Everglades Equipment for John Deere, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder, Lubo, USA, for the construction and demolition recycling equipment, Menzi USA for the Menzi Muck, Great Southern Equipment for Gradall and Econolite Control Products for traffic signal equipment. Authorization for the Chairman to execute contracts as approved by the County Attomey. D. SOLID WASTE / CDM Work Authorization No. 2 for Permit Compliance in Years 2010-2015 Consider staff recommendation to approve Camp Dresser & McKee (CDM) Work Authorization No. 2 for engineering services to assist Solid Waste with permit compliance for years 2010 through 2015. Scope of services includes annual water quality monitoring, analysis, annual aerial survey, financial responsibility update, biennial water quality report, Title V reporting, and continuing consulting services for a total annual cost of $244,220. 2. CDM Work Authorization No. 3 for Landfill Gas Management Consider staff recommendation to approve of CDM Work Authorization No. 3 for engineering services related to landfill gas management program for a total of $541,780 and authorization for the Chairman to execute documents as prepared by the County Attorney. 3. Bid Waiver for Hauling Fill Material Consider staff recommendation that the Board, waive the bid requirement pursuant to Section 8.1, a.1 or a.8 of the Purchasing Policy Manual and determine that waiving the bid requirement is in the best interest of the County, and award a contract to Waste Pro based on a low quote of $2.38 per cubic yard. Staff further recommends that the Board authorize the Chairman to sign a contract with Waste Pro as approved by the County Attorney. E. PLANNING & DEVELOPMENT SERVICES 2010/2011 Contracts for the Treasure Coast Sports Commission Consider staff recommendation to approve the 2010/2011 contracts for the Treasure Coast Sports Commission for a total amount of $150,000 and authorization for the Chairman to sign the contracts as prepared by the County Attomey. VII. PUBLIC HEARINGS There are no public hearings scheduled for September 28, 2010 VIII. BOARD OF COUNTY COMMISSIONERS > Updates from the Commissioners on the various Boards/Committees ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 28, 2010 at 1:30 p.m. in Conference Room #3. 2. The St. Lucie County Master Gardener 27m Annual Plant Sale will be on Saturday, October 9, 2010 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772-462-1660. St. Lucie County Planning Division will host the Green Jobs & Innovation Corridor planning charrette on Saturday, October 9, 2010 from 9:30 am to 3:00 pm at the Havert L. Fenn Center at 2000 Virginia Avenue. 1 ~ NOTICE: All Proceedings before this Board are elechonically 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 cxoss~xamirre 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~ight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org t{tttittttgtitilittt1t18tNtttillitlttitttiilitttf[CiltilliilttlttttitltWtllttltt~lttittittEtttittf[~Uiiiiitlittitltil~tiV'~itttitlfAttillttHtBtttiiHiil~titiittiittt{titt3tii{iltiiiiitilittlitilii Chris Dzadovsky, Chairman District No. 1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 tiflAiIliitttl3tilitittti[liiliii~tiit[IiUlUti(ii ttllii(5ttitt-iitti#i~ilitttt(3ifiiiiitiIi{ilttltltUitllit~iBttittitllEliitittiNtifitilitfllittttiitit#ftUqllliilliIIiti3ltttitiilittftliitiiti I. MINUTES (~U' ~ ~'~ Approve the minutes from the September 14, 2010 meeting. 1 ~I 111 II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA `,1 A. WARRANTS ~~ ~`~~'""" Approve warrant list No. 51 and 52. ~~ ~d 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~xamine any individual testrfying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT j www.co.st-lucie.fl.us www.stlucieco.org Nlltliiffi1ii11i11ipiCiip~iitpittpllplpiiffWifNltiili1p1111EliAAliillitiiiiiptptikRi!#Iflpit[NH[iipitpptpllpitltCl~ipiftil~itlliitiiltUiifip#tllt[iitiltilptitittliptlltpitti Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 nlgBtiliFitipl~iftilit[iidlipi[i:tliUiiliitliititUiAtpIRiHHpltlii;iUiittitilttlilifpitlitliifiiili~<filti[liipt[lipittti~Blitiiittlpipiltppfjpt[piiiiNttiipipilipiplitlftj MINUTES ~j~(~ LApprove the minutes from the September 14, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS ;. Approve warrant list No. 51 ary 52~. ~U ~u~r~ct;~ ~~~ 5~ ~`~ n It ~~c 1 L/ NOTICE: All Proceedings before this Board are electronically recorded. Any perm 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 n:cord 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~xamine 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~ight (48) hours prior to the meeting: -~ ~ _ • ii1it111ii1illiitlltEil[tfilittii~lt[t{IltUttGi111iiifilitiitiiiilt~tllitt~i~iitititllflittiitiilli~NitN{t ~1[Iitti~tilNilililifFl~El~iilliii~i8iti~iiii~€iiiltlitliY September 28, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed ~ 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 respecttul 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. September 28, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl. us www.stlucieco.org it3itl~iilftiti!}itlttlilli~flitiiiiil~tiiiHlfiiiilii3HiNlliiiZt{~t11~JIF~NI~tltilitlt[It~1Hi ~li~iliilifftltiiilii{iitlilit~liili~lllift'itlitt{iil~tNtfitli 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 rr~~uuu~eu~aauuuua~e~uate~t~u~ruwr~ee~~uui~r~ueutt~~ur~~~uuauu INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 21, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-247 - "Disability Awareness Month" in St. Lucie County Consider staff recommendation to adopt Resolution No. 10-247 as drafted. B. COUNTY ATTORNEY Resolution No. 10-251 - "Fire Prevention Week" Consider staff recommendation to adopt Resolution No. 10-251 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 52 B. COUNTY ATTORNEY Approval of Agreement with William Miley to Provide Certain Volunteer Services at Bluefield Consider staff recommendation to approve the new agreement with William Miley for Volunteer in Preserve Program. 2. Drug Abuse Treatment Association, Inc. (D.A.T.A.) Twelfth Amendment to 1990 Facilities Use Agreement Consider staff recommendation to approve the Twelfth Amendment to the Facilities Use Agreement with D.A.T.A. COUNTY ATTORNEY CONTINUED Request to have the Board to amend and approve a Contractual Rate Agreement (Amendment No. 0006) with United For Families, Inc. (UFF) for drug screening services. Consider staff recommendation to approve the Amended Contractual Rate Agreement with United for Families, Inc., and that the Chairman be authorized to sign the Amended Contractual Rate Agreement Permission to Advertise -Certificate of Public Convenience and Necessity (CON) - Application for Class F for Golden Year Senior Care, Inc. Consider staff recommendation to advertise Golden Years Senior Care, Inc.'s application for Certificate of Public Convenience and Necessity for public hearing before the Board of County Commissioners on October 26, 2010 beginning at 9 a.m. or as soon thereafter as may be heard. Interlocal Agreement -TCERDA Utility Improvements Consider staff recommendation to approve the Interlocal Agreement with the proposed amendment to Paragraph 5C and authorize the Chairman to sign the Interlocal Agreement. Staff also recommends that the Board approve the amended Interlocal Agreement as an Exhibit to the previously approved Interlocal Agreement with the City of Fort Pierce, FPUA, the County and TCERDA pertaining to annexation to the Research Park. 6. Revocable License Agreement with Cedar Creek Engineering Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. C. PUBLIC WORKS Engineering Division: 1. Palm Breezes Club Phase I Consider staff recommendation to approve acceptance of the off-site improvements; Maintenance Agreement for the off-site improvements; the amended Subdivision Improvements Agreement; the associated partial release of surety, and authorization for the Chairman to sign documents as approved by the County Attorney. Administration: 2. Bid waiver and Sole Source Determination Consider staff recommendation to approve bid waiver and sole source determination for the purchase of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo and Samsung, Trekker Tractor, LLC, for Case, Everglades Equipment for John Deere, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder, Lubo, USA, for the construction and demolition recycling equipment, Menzi USA for the Menzi Muck, Great Southern Equipment for Gradall and Econolite Control Products for traffic signal equipment. Authorization for the Chairman to execute contracts as approved by the County Attomey. D. SOLID WASTE CDM Work Authorization No. 2 for Permit Compliance in Years 2010-2015 Consider staff recommendation to approve Camp Dresser & McKee (CDM) Work Authorization No. 2 for engineering services to assist Solid Waste with permit compliance for years 2010 through 2015. Scope of services includes annual water quality monitoring, analysis, annual aerial survey, financial responsibility update, biennial water quality report, Title V reporting, and continuing consulting services for a total annual cost of $244,220. 2. CDM Work Authorization No. 3 for Landfill Gas Management Consider staff recommendation to approve of CDM Work Authorization No. 3 for engineering services related to landfill gas management program for a total of $541,780 and authorization for the Chairman to execute documents as prepared by the County Attorney. 3. Bid Waiver for Hauling Fill Material Consider staff recommendation that the Board, waive the bid requirement pursuant to Section 8.1, a.1 or a.8 of the Purchasing Policy Manual and determine that waiving the bid requirement is in the best interest of the County, and award a contract to Waste Pro based on a low quote of $2.38 per cubic yard. Staff further recommends that the Board authorize the Chairman to sign a contract with Waste Pro as approved by the County Attorney. E. PLANNING & DEVELOPMENT SERVICES 2010/2011 Contracts for the Treasure Coast Sports Commission Consider staff recommendation to approve the 2010/2011 contracts for the Treasure Coast Sports Commission for a total amount of $150,000 and authorization for the Chairman to sign the contracts as prepared by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for September 28, 2010 VIII. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees IX. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 28, 2010 at 1:30 p.m. in Conference Room #3. 2. The St. Lucie County Master Gardener 27m Annual Plant Sale will be on Saturday, October 9, 2010 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772-462-1660. St. Lucie County Planning Division will host the Green Jobs & Innovation Corridor planning charrette on Saturday, October 9, 2010 from 9:30 am to 3:00 pm at the Havert L. Fenn Center at 2000 Virginia Avenue. 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 n~cord 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 crossexamine 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~ight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl. us www.stlucieco.org iiiiti{GlUiil#iti~ilittttililitiiitit[tltlift[i[lifittiftiilUilittllpilii~lFlti3WitiiltiilfiEgt{Hf Chris Dzadovsky, Chairman Paula A. Lewis, Vice Chair Doug Coward Charles Grande Chris Craft lilitli>gill[(N~Iliifiitllt[li~litN~iifiitNlttlti~iit1i111iUi3I1t#iii~fitWWtlit(1NiiiUpiiIittii 4~~iNi~itt)~iflliiiili>~iilitlifiiliiftifi13tl1itl[i~lii~~iilfliiilitiiiii~iuil District No. 1 District No. 3 District No. 2 District No. 4 District No. 5 iit}NiHliti!(~#iiitiiii~tltti~itlifilitiitNiiltDi~ilfliilil~lttliltfiiliiiiilili MINUTES Approve the minutes from the September 14, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 51 and 52. 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 paAy to the proceedings will be granted the opportunity to cross~xamine 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-eght (48) hours prior to the meeting. EROSION DISTRICT www. co. st-I u ci e. fl. u s www.stlucieco.org HiiCt~iiiii~ikNiiii11i1111itiii€litt#tiiHtfilit~tlltiiitNtliEtlitlil~lit~litJit~tiii(iti~tlillii~illil~iNtligii~iiiiill(hiltlLlii~ifftElttiHtililt~3~i# Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 iilitilittifililtiil~~iNtiN~i[llitilt#ittltlt[iititttiltltUl~lilll itllti[IIIIitH~ll MiiNitNlNiitifNgiiti11ii1iitititNN~iill~f1 MINUTES Approve the minutes from the September 14, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 51 and 52. 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~ight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 21, 2010 Convened: 6:00 p.m. Adjourned: 7:05 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Planning and Development Services Director Don West, Public Works Director, Lauri Case, Utilities Director, Debra Brisson, Parks and Recreation Director, Millie Delgado- Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 9, 2010 Preliminary Budget Public Hearing. It was moved by Com. Dzadovsky, seconded by com. Coward, to approve the minutes of the meeting held September 9, 2010, and; upon roll call, motion carried unanimously. Approve the minutes from the September 14, 2010 meeting, It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held September 14, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-221 -Proclaiming the fourth Monday in September 2010 as "Family Day - A Day to Eat Dinner with Your with Your Children" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No, 10-221 as drafted. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-221, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Resolution No, 10-243 - "Indian River State College Month". Consider staff recommendation to adopt Resolution No. 10-243 as drafted. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 10-243, and; upon roll call, motion carried unanimously. C. Dr. Joe Schaefer, OF/IFAS South Florida District Extension Director, will present the following awards; The Florida Entomological Society 2010 Achievement Award for Research Teams for the Tropical Soda Apple Integrated Pest Management Program The Association of Natural Resources Extension Professionals Gold (first place national): Promotional Materials Award for the Sea Turtle Friendly Beaches Program The Association of Natural Resources Extension Professionals Bronze (third place national): Outstanding Team for the Tropical Soda Apple Integrated Pest Management Program V. GENERAL PUBLIC COMMENT Mayor Bob Benton, City of Ft. Pierce, addressed the Board regarding the proposed millage increase. He stated his main concern was the affect it would have on the small businesses in the county. He asked the Board to take a closer look at the budget and hold the line on the taxes. Captain Don Vos, Marine Cleanup Initiative, addressed the Board and requested the Board waive the $650.00 fee requested for his scheduled fund raisers. He advised the Board his organization has Collected 32,000 lbs. of debris from the River. Com. Craft stated he supported the request as well as the tipping fee being waived at the Landfill for the balance of the debris that could not be recycled. Ms. Patricia Ferrick, representing the North Fork Property Owners Association as well as the White City Improvement Club, addressed the Board with regards to the School Resource Officers program. She advised the Board the Citizens Budget Committee supported option 1 as presented at the last discussion held on the issue and asked the Board to meet with the other entities to establish an MSTU in order to fund the program in the future and asked the politics on the matter be removed and the funding be placed in the budget. Com. Dzadovsky advised those present of the $8.1 million dollars the School District has received from the Federal Stabilization Fund and hoped the School Board would step forward and participate in funding the program. The County Administrator advised the Board at the time when the statement had been made regarding the funding for the SRD program for two years, the Board had not gone through the budget review process and when she asked for clarification on the 2 year plan, the Board made it very clear that the 1.62 million was to be one time funding only. She stated she believes there had been a misperception that it was to be 2 years of funding. She also stated that in every meeting held afterwards, the Board continued to make it clear that the funding was to be a one-time allocation. Com. Coward reiterated his previous comments where he indicated this was a 4 way partnership. The Board has not wavered in their funding at any time. He expressed his concern regarding the increased cost of the program over a 4 year period. He stated the Board was hopeful the other entities would step up to the plate and participate in funding the program. Mayor Benton re-addressed the Board and stated he would support an MSTU similar to the storm water MSTU the city has imposed. Com. Coward stated he was open to public discussion, however he wished to advise everyone that he would not support another taxing district. He believed this would not be necessary if every partner stepped up to the plate. Mr. Joseph Patroni, Port St. Lucie resident, addressed the Board regarding a prior approval of PNRD 09- 23. The Planning and Development Director addressed Mr. Patroni's questions and stated he was not sure if the permits had been initiated. Mr. John Arena, area resident, addressed the Board regarding restoration of old furniture VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Craft, to approve the Consent Agenda to included 6-C-2 as part of the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 51 The Board approved Warrant List No. 51. B. COUNTY ATTORNEY Resolution No. 10-244 -Property Assessed Clean Energy (PACE) The Board adopted Resolution No. 10-244 as drafted. C. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for July, 2010 2 The Board authorized payment of Prison Health Services invoice number PHS0008076 for HIV medications for the period of July 01, 2010 through July 31, 2010, in the amount of $38,484.90. 2. Electron Open Enrollment of Employee in County Offered Benefits. The Board approved the implementation of electronic benefit enrollment and agreements with Benefits Technology Division 3, LLC and Common Census, Inc. and authorized the County Administrator to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Rezoning Request -Hardscapes, Inc. Consider staff recommendation to approve Resolution No. 10-107 approving the petition of Hardscapes, Inc. for a change in zoning from CO (Commercial, Office) to CG (Commercial, General), as outlined in the agenda memorandum. Mr. Dennis Murphy, Culpepper and Terpening for the applicant, addressed the Board and submitted a letter of support for the project from a nearby resident. He also advised the Board he wished to make a correction. Staff had stated this business had been on site for 5 years. He advised the Board the business had been on this site for only 1 and'/< years. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resoltuion No. 10-107, and; upon roll call, motion carried unanimously. VIII. HUMAN RESOURCES Bid for Employee Dental Benefits Consider staff recommendation to award the Employee Dental Benefits to Delta Dental as provider of employee dental benefits effective January 1, 2011 and authorize the Chairman to sign documents as approved by the County Attorney and Board decision regarding County contribution from options delineated on Attachment C. Staff advised the Board this was a two part recommendation, first to award the Employee Dental Benefits to Delta Dental and the other to approve option 2 as presented. It was moved by Com. Craft, seconded by Com. Coward, to approve awarding the Employee Dental Benefits to Delta Dental and also approve option 2 as presented, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 3 AGENDA REQUEST ~~ C O U NT Y "' F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-A DATE: September 28, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ J PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-247 - "DISABILITY AWARENESS MONTH" in St. Lucie County. BACKGROUND: Suzy Hutcheson, President and CEO of Helping People Succeed, Inc., has requested that this Board proclaim the month of October 2010 as "DISABILITY AWARENESS MONTH" in St. Lucie County, Florida. The attached Resolution No. 10-247 has been drafted for that purpose. RECOMMENDATION: Staff recommendsthattheBoardadopttheattachedResolutionNo. 10-247 as drafted. COMMISSION ACTION: CONCURRENCE: [va APPROVED [ ]DENIED [ ]OTHER: ~~~-~ ~ gpproved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: ~~ Daniel S. McIntyre RESOLUTION NO. 10-247 A RESOLUTION PROCLAIMING THE MONTH OF OCTOBER 2010 AS "DISABILITY AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: October is National Disability Awareness Month, during which the contributions of Americans with disabilities are recognized and citizens are encouraged to ensure equal opportunity in the workforce. 2. Across America, individuals with disabilities are making important contributions in the workplace, and here in St. Lucie County, individuals with disabilities are becoming part of the fabric of our workforce. The employers in St. Lucie County are recognized for valuing the ability and worth of all citizens, noting that employing a person with a disability contributes to the quality of life of the individual and also to the diversity and economic viability of our community. 4. Helping People Succeed Inc. has a commitment to people with disabilities through its various programs and services that help people with disabilities obtain and maintain employment, thus helping them live the American dream of an everyday life. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: This Board commends Helping People Succeed, Inc., its employees and volunteers for their continuing good works in helping those citizens with disabilities obtain gainful employment and contribute to the sustainability of our community. 2. This Board does hereby proclaim the month of October 2010 as "DISABILITY AWARENESS MONTH" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 28`h day of September 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: 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-B DATE: September 28, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-251 - "Fire Prevention Week" BACKGROUND: The St. Lucie County Fire Board has requested that this Board proclaim the week of October 3, 2010 through October 9, 2010 as "Fire Prevention Week" in St. Lucie County, Florida. The attached Resolution No. 10-251 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-251 as drafted. COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-251 A RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 3, 2010 THROUGH OCTOBER 9, 2010 AS "FIRE PREVENTION WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The annual toll from fires throughout the U.S. causes the death of thousands of Americans, while many more individuals are burned or disfigured for life, and suffer enormous losses of property. 2. More deaths caused by fires involve women and children in the home. 3. Statistics indicate that a large percentage of fires in this country are caused merely by carelessness. 4. The observance of "FIRE PREVENTION WEEK" provides an excellent opportunity for the St. Lucie County Fire District to bring before the people of St. Lucie County the need to cooperate in all fire prevention and safety measures, which could help bring a substantial savings in life and property to our community during the months ahead. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1. This Board does hereby proclaim October 3, 2010 through October 9, 2010, as "FIRE PREVENTION WEEK" in St. Lucie County, Florida. Section 2. This Board requests and urges all citizens and residents of St. Lucie County to participate in fire prevention activities, seeking to reduce the great loss of life and property caused by fires; and hereby requests the cooperation of the news media - radio, television and newspapers - to publicize this Resolution and give full publicity thereof. Section 3. This Resolution shall take effect immediately upon its adoption, pursuant to law. PASSED AND DULY ADOPTED this 28`h day of September 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 09/24/10 FZABWARR FUND TITLE 001 001001 001113 001511 001512 001517 001518 001522 001524 001525 001823 101002 101003 101004 102 102001 105 107 107001 107002 107003 107004 107006 107206 111 112 113 114 116 117 119 120 122 123 126 127 128 129 130102 130212 136 138 139 140 140001 140306 160 183 ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 18-SEP-2010 TO 24-SEP-2010 FUND SUMMARY EXPENSES General Fund Recreation Special Events CDBG Supp Disaster Recovery Subgran ARRA CSBG 2009 Neighborhood Stabilization Program HUD Shelter Plus Care Section 112/MPO/FHWA/Planning SRL - 2502 Isso Bella Dr. SRL - 3768 Wild Orchid Lane SRL - 3731 Wild Orchid Lane INTACT Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Driver's Ed Safety F&F Fund-Court Related Technology FDCF Criminal Justice, Mental Healt River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FCTD TRIP Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund DOT-New N. Entrance Port Ft. Pierce Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir 261,670.06 24,990.00 20,055.00 121,502.40 130,060.21 350.00 6.99 2,810.00 2,480.00 1,620.00 374.10 42,971.76 18,754.74 39,917.66 2,709.10 6, 124.67 340.56 33,725.63 858.89 1, 462.24 6,490.90 213,300.00 13,553.67 181.35 2,835.53 611.66 234.14 514.36 572.76 142.43 873.71 179.99 1,012.29 361.07 125.78 381.31 506.50 596,669.47 495.36 27,865.04 1,776.63 259.83 764.28 8,123.88 2,963.80 17,230.39 4,051.14 5,040.42 PAGE PAYROLL 38,444.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,748.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 09/24/10 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #52- 18-SEP-2010 TO 24-SEP-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 183004 Ct Admin.- Teen Court 186.04 0.00 183006 Guardian Ad Litem Fund 2,410.46 0.00 184211 FDEP South SLC Beach Restoration 65,404.84 0.00 184215 DEP Ft Pierce Shore Protection 2012 50,634.66 0.00 185011 FHFA SHIP 2009/2010 393.00 0.00 216 County Capital I&S 1,202.00 0.00 296 No Lennard Rd 1 20,000.00 0.00 297 No Lennard Rd 2 7,500.00 0.00 298 No Lennard Rd 3 5,000.00 0.00 310205 FDEP/FRDAP MLK/Dreamland Park 161.88 0.00 316 County Capital 17,827.64 0.00 401 Sanitary Landfill Fund 202,937.91 0.00 418 Golf Course Fund 5,159.40 0.00 451 S. Hutchinson Utilities Fund 49,341.72 0.00 461 Sports Complex Fund 10,191.33 0.00 471 No County Utility District-Operatin 100,264.58 0.00 478 No Cty Util Dist-Renewal & Replace 3,737.09 0.00 491 Building Code Fund 193.67 0.00 505 Health Insurance Fund 43.74 1,633.70 505001 Property/Casualty Insurance Fund 20,083.00 0.00 611 Tourist Development Trust-Adv Fund 8,328.88 0.00 801 Bank Fund 40.00 0.00 GRAND TOTAL: 2,190,943.54 42,825.70 ITEM NO. BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST REGULAR TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney DATE: VI-B-1 09/28/10 PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( X ) PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney Approval of Agreement with William Miley to Provide Certain Volunteer Services at Bluefield See CA10-1161 001-3920-543000-300 Environmental Resources General Fund -Utilities The Board of County Commissioners approved the "Volunteer In Preserve" Program/Standard Agreement on October 22, 2002. The Board of County Commissioners approved an agreement with William Miley on February 12, 2008. RECOMMENDATION: Staff recommends approval of new agreement with William Miley for Volunteer in Preserve Program. COMMISSION ACTION: CONCURRENCE: ,pQ APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures County Attorney (x) `1 - OMB Director (x) `~~/ytn `~ Budget Analyst /'V Daniel S. McIntyre (Marie Gouin) ( ) ERD (x ) (Name) n Smith) COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA10-1161 DATE: September 28, 2010 SUBJECT: Approval of Agreement with William Miley to Provide Certain Volunteer Services at Bluefield ITEM NO. VI-B-1 Background: Attached to this memo is a copy of the new proposed agreement with William Miley to provide volunteer services at Bluefield. The Volunteer in Preserve (VIP) Program provides volunteer staffing for the Environmental Lands Program in exchange for the opportunity to temporarily reside on the sites, providing their own recreational vehicle. VIP's provide twenty (20) hours of service each week, such as opening and closing gates, patrolling and exotic removal. The County provides utility's at approximately $50 per month. The County has had an agreement with Mr. Miley since February 2008. Previous Action: The Board of County Commissoiners approved the "Volunteer In Preserve" ProgramlStandard Agreement on October 22, 2002. The Board of County Commissioners approved an agreement with William Miley on February 12, 2008. Recommendation: Staff recommends approval of new agreement with William Miley for Volunteer in Preserve Program. Respectfully submitt~, L '~ k-- eat er Sperrazza Lueke 1 Assistant County Attorney r AGREEMENT THIS AGREEMENT is dated this ~hd day of ~~` ~ ~' aDi~ between ST. LUCIE COUNTY, a political subdivision of the State of Florida, located at 2300 Virginia Avenue, Fort Pierce, Florida, hereinafter referred to as "County" and WILLIAM MILEY, hereinafter referred to as "Contractor". WHEREAS, the County owns the property located at Bluefield; and, WHEREAS, the County desires responsible persons reside on various County properties, with the County to provide and pay for certain utilities in connection therewith in return for the Contractor assisting the County in protection of the County's property. NOW, THEREFORE, in consideration of the mutual considerations and benefits according to the County and the Contractor, the parties agree as follows: 1. County does hereby agree to allowthe Contractorto use a designated area on which to place a recreational vehicle, as identified in the attached Exhibit "A" hereinafter referred to as the "Property", together with reasonable grounds for the usual needs of the Contractor on a month to month basis from October 1, 2010 to September 30, 2011. 2. County agrees to provide utility service, including garbage to the Contractor, if regularly scheduled garbage service is provided by the County to the Property. If regular garbage service is not provided to the Property, the Contractor shall provide for his own garbage disposal. 3. The Contractor agrees to: a. provide telephone service; b. reside in the recreational vehicle (RV) and advise the Environmental Regulation and Land Division Manager of the normal hours that the Contractor will occupy the RV, and advise of any expected absence which deviates significantly from the normal routine; c. act as the County liaison and respond to all emergency and non-emergency needs as requested; d. notify, where appropriate, the Environmental Regulation and Land Division Manager and/or Sheriffs Department of any unusual activity on the property including but not limited to wildfire, lost hikers, poaching, suspected trespass and vandalism; e. maintain the RV and grounds in good repair and appearance; f. maintain insurance coverage for any property owned by the Contractor and be financially responsible for any damage to the recreational vehicle or any property therein for damages, excluding normal wear and tear; g. provide a minimum of 20 hours of work per week as indicated below. 4. The Contractor shall be responsible for maintenance of the Property with his/her duties to specifically include but not limited to: a. Inspect all buildings on the Property at least once a day. b. Collect any appropriate fees. c. Open and close all entrance gates for the property including Bluefield daily. Gates are to be opened at sunrise and closed at sunset. d. Clean all campsites and restrooms on a weekly basis. e. Check on campers. f. Inspect for signs of damage or vandalism, and report any found to be Environmental Regulation and Land Division Manager and/or the Sheriff's Department. g. Report any unauthorized use in the area to the above persons. Maintain an activity log of inspection tours, noting the dates and time the property is checked, problems encountered, safety hazards, abnormal activity, discrepancies and unusual circumstances, together with corrective action taken, or person notified. The log shall be submitted to the Environmental Regulation and Land Division Manager, on a monthly basis. Take all lawful steps to protect the Property from burglary, malicious mischief, unlawful trespass and vandalism, and prevent injuries and unlawful acts. Mowing and trimming of all the trails, parking areas, and any other public access areas, weekly, during the growing season. The County will provide all equipment. The areas must be mowed with a bush hog mower or finish mower and the grass shall be cut to a length of no higher than two (2) inches in height. Any large vegetative debris (tree limbs, trees, etc.), located in the area to be mowed, must be moved prior to mowing. All paper and trash debris will be picked up from within the area to be mowed and removed from the site. All structures (i.e. informational signs (except interpretive posts), guardrails, kiosks, fencing, etc.) must be kept in a clean appearance and weed-eated following each mowing cycle. The Contractor will be responsible for any damage to County equipment caused during Contractor's use. Perform any miscellaneous managerial duties as defined by the Environmental Regulation and Land Division Manager. 4. The Contractor warrants to the County that he is a responsible and law abiding person and that he is not under any legal disability or criminal prosecution. The Contractor further covenants and agrees that he will use the aforesaid utilities being furnished to him only for his actual housekeeping needs and will keep the Property and his recreational vehicle in a neat appearing and sanitary condition. Contractor will not let or sublet or sub-lease the Property or recreational vehicle to any person or persons whomsoever. Any sub-renting and subleasing shall constitute a breach of this Agreement. 5. This Agreement may be automatically renewed at sole option of the County on the basis of month-to-month with the first day of each month being the day of the month of the date hereof. Either party may terminate this Agreement, with or without cause, with seven (7) days prior written notice. Contractor further covenants and agrees that he will upon written notice terminating this Agreement, vacate the Property and remove his property from the Property or parking place and will leave the site clean. If the Contractor fails to vacate the Property and it becomes necessary forthe County to institute a legal proceeding againstthe Contractor, the prevailing party shall pay reasonable attorney fees and the costs of such suit at legal proceeding. 6. The Contractor agrees that no person shall reside on the premises, other than those members of his immediate family. The Contractor furtheragreesto be responsible for all pets both inside and outside, and agrees and understands that the pets are limited to two (2) dogs. Pets shall always be leashed when outside of Contractor's fenced common area/residence. 7. No personal trucks and/or trailers shall be allowed into the site past the contractor's residence, unless authorized by Environmental Regulation and Land Division Manager or appropriate land's management staff or during an emergency. Patrolling should only occur on a designated 4-wheelertype vehicle provided by the County. During all routine patrolling and on site work, the Contractor shall wear the provided safety vest and/or uniform provided by the County. Contractor shall have a clean appearance and be approachable by the public at anytime while onsite. 8. Contractor agrees that no hunting or trapping shall be allowed on the Property unless he receives separate written authorization from the Environmental Regulation and Land Division Manager. 9. As a consideration for allowing the Contractor to use the Property, the Contractor agrees to indemnify and hold the County, its agents and employees, harmless for all claims for damages and for any claims that may a made against it or them, by any member of his family or his guests for any damages whatsoever. 10. No amendment or claimed amendment hereto, either verbal or written shall be binding upon the County unless the same has been formally executed in behalf of the County by its Director of Leisure Services and the Contractor. 11. Notice. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 With A Copy To: St. Lucie County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 St. Lucie County Environmental Regulation and Land Division Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 As To Contractor: 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. Mediation. In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ATTEST: Deputy Clerk WITNESSES: ,, ~ " ~~ BOARD OF COUNTY COMMISSIONERS BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CONTRACTOR -~-~'~r-------- S :\A TTY\A GREEM N T\preserv e. M i ley. w pd ITEM NO. VI-B-2 ~~~ ~ ~~ =~, - DATES 09/28/10 -- AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (x ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Drug Abuse Treatment Association, Inc. (D.A.T.A.) Twelfth Amendment to 1990 Facilities Use Agreement BACKGROUND: See CA10-1162 FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners approved June 12, 1990 Facilities Use Agreement and eleven subsequent extensions RECOMMENDATION: Staff recommends approval of the Twelfth Amendment to the Facilities Use Agreement with D.A.T.A. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Signatures County Attorney (x) ? OMB Director ( ) Budget Analyst Daniel S. McIntyre CONCURRENCE: ~f~ Faye W. Outlaw, MPA County Administrator (Name) ERD ( ) (Name) (Name) (Name) C0C1 ~'rfTY - F L a R 1 D A "~ TO: Board of County Commissioners COUNTY ATTORNEY MEMORANDUM FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA10-1162 DATE: September 28, 2010 SUBJECT: Drug Abuse Treatment Association, Inc. (D.A.T.A.) Twelfth Amendment to 1990 Facilities Use Agreement ITEM NO. VI-B-2 Background: Since 1990, the Drug Abuse Treatment Association, Inc. (D.A.T.A.) has used the facility known as the "Youth Hall" for H.R.S.-contracted drug treatment services for children. Previous Action: Board of County Commissioners approved June 12, 1990 Facilities Use Agreement and eleven subsequent extensions Recommendation: Staff recommends approval of the Twelfth Amendment to the Facilities Use Agreement with D.A.T.A. e tfully submitted, Heather Sperrazza uek Assistant County Attorn TWELFTH AMENDMENT TO JUNE 12, 1990 FACILITIES USE AGREEMENT THIS TWELFTH AMENDMENT is dated this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and DRUG ABUSE TREATMENT ASSN., INC., a Florida corporation, hereinafter referred to as "D.A.T.A.". WHEREAS, the parties entered into a Facilities Use Agreement on June 12, 1990 for the use of certain facilities referred to as the "Youth Hall"; and, WHEREAS, the parties have entered into a first amendment to the June 12, 1990 agreement to amend the description of the subject property to delete approximately seventy-four thousand eight hundred forty-four (74,844) square feet; and, WHEREAS, on July 28,1992, the parties entered into a second amendment to the June 12, 1990 agreement to permit D.A.T.A. to install a portable classroom on the subject property; and, WHEREAS, on March 22, 1994, the parties entered into a third amendment to the June 12, 1990 Agreement to permit D.A.T.A. to install modular units to provide a day treatment program for juvenile offenders on the subject property pursuant to a contract with the Florida Department of Health and Rehabilitative Services, hereinafter referred to as "H.R.S."; and, WHEREAS, on February 22, 1996, the parties entered into the fourth amendment to the June 12, 1990 Agreement to permit D.A.T.A. to use the modular units to expand its juvenile drug and alcohol treatment programs and to extend the term of the Agreement through and including June 30, 1998 subject to the renewal of the contract with H.R.S. for in-patient substance abuse treatment for children with an additional one year option to renew the agreement upon the same terms and conditions, upon renewal of D.A.T.A.'s contract with H.R.S., as amended. 5:\ATTY\A6REEMNT\12a-DATA.wpd - 1 WHEREAS, the parties have entered into amendments to the agreement to extend the term of the agreement for additional years through and including June 30, 2010 upon the same terms and conditions; and, WHEREAS, D.A.T.A. wishes to exercise its option to renew the agreement retroactive from July 1, 2010 through and including June 30, 2011 upon the same terms and conditions. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the June 12, 1990 Agreement as follows: 1. Paragraph 2. D.A.T.A. USE OF YOUTH HALL: TERM RENEWAL is hereby amended to read as follows: 2. D.A.T.A. USE OF YOUTH HALL: TERM; RENEWAL D.A.T.A. shall be considered the County's agent forthe sole purpose of providing supervision of County employees at the Youth Hall pursuant to the County's contract with H.R.S. for the period July 1, 1990 through the termination of said contract effective July 1, 1990. For the period beginning July 1, 1990, D.A.T.A. will commit to use the Youth Hall, including the personal property owned by the County as listed in the inventory attached hereto and incorporated herein as Exhibit "C" to provide in-patient substance abuse treatment for children pursuant to its contract with H.R.S. For the period January 1, 1995 through and including December 31, 1995, D.A.T.A. will also provide a day treatment program for juvenile offenders pursuant to its contract with H.R.S. The term of this Agreement shall be for the period July 1, 1990 through and including June 30, 2011, subject to the renewal of the contract with H.R.S., n/k/a Florida Department of Children and Families ("D.C.F."), for in-patient substance abuse treatment for children and may be renewed for an additional one (1) year period upon the same terms and conditions, upon renewal of D.A.T.A.'s contract with D.C.F., as amended. Either party may terminate this Agreement with or without cause, upon thirty (30) days prior written notice to the other party. 2. Except as amended herein, the remaining terms and conditions of the June 12, 1990 agreement, as previously amended, shall remain in full force and effect. '. 5:\ATTY\A6REEMNT\12n-DATA.wpd - 2 .~ IN WITNESS WHEREOF, the County has hereunto subscribed and D.A.T.A. has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SECRETARY DRUG ABUSE TREATMENT ASSN., INC. BY: PRESIDENT (SEAL) 5;\ATTY\A6REEMNT\12n-DATA.wpd - 3 AGENDA REQUEST DATE: September 28, 2010 REGULAR ( ] PUBLIC HEARING [ ] CONSENT (X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attorney ITEM NO. VI-B-3 PRESENTED BY: Mark Godwin~~~j~ . Criminal Justice Coordinator SUBJECT: Request to have the Board to amend and approve a Contractual Rate Agreement (Amendment No. 0006) with United for Families, Inc (UFF) for drug screening services. BACKGROUND: Please see attached Memorandum CA No. 10-1206. FUNDS AVAIL: N/A This is anon-financial amendment PREVIOUS ACTION: The St. Lucie County Drug Screening Lab opened for testing on July 1, 2008. Since January 2009, the Board has approved five (5) previous Contractual Rate Agreements with UFF. RECOMMENDATION: Staff recommends the Board approve the Amended Contractual Rate Agreement with United for Families, Inc., and that the Chairman be authorised to sign the Amended Contractual Rate Agreement. COMMISSION ACTION: (,APPROVED (]DENIED [ ]OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Aparovals X Coun Attorne : ~~ [x] Management 8~ Budget: [ ] tY Y Dan McIntyre Marie Gouin, Director Patty Marston, Analyst County Attorney MEMORANDUM10-1206 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: September 28, 2010 SUBJECT: Approve amendment changes in the St. Lucie Drug Screening Lab Contract with United For Families (UFF) and Department of Children and Families (DCF). ITEM NO. VI B 8 Background: The St. Lucie County Drug Screening Lab opened on July 1, 2008. The Lab has tested many clients in the public and private sectors. In 2009, the lab tested over 17,000 individuals. This new amended agreement assures that the St. Lucie County Drug Screening Lab is in compliance with DCF's requirements such as: Civil Rights, Criminal Background Checks, Indemn~cation, Information Systems Security Obligations, Patents, Copyrights and Royalties, Whistleblower's Act Requirements, Financial and Compliance Audit, and Debarment, Suspension, Ineligibility and Voluntary Exclusion Certification. The primary purpose of the attached amendment is to fulfill the contract requirements as issued by the State of Florida, Department of Children and Families, requiring UFF to integrate into its subcontracts the required DCF Contract Directives for Administrators (CDAs) and/or amendment changes as outlined in UFF's Contract ZJK84 with DCF. Recommendation: Staff recommends that the Board approve Contractual Rate Agreement Amendment (0006) with United for Families, Inc. for screening clients receiving services, and fulfill the contract requirements as issued by the State of Florida, Department of Children and Families, and authorize the Chairman to sign the amended agreement. pectfully submitted, Mark Godwin Criminal Justice Coordinator AMENDMENT No. 0006 THIS AMENDMENT, entered into between United for Families, Inc., hereinafter referred to as the "Agency" and St. Lucie County Drug Screening Lab, hereinafter referred to as "Provider", amends Contract #UA979 as follows: The primary purpose of this amendment is to integrate in UFF's subcontracts the required DCF Contract Directives for Administrators (CDAs) and/or amendment changes in UFF's Contract ZJK84 with DCF. 1. Page 2, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, CNIL RIGHTS REQUIREMENTS, Line 13] DELETE "1. The SERVICE PROVIDER and its partners, subcontractors, and agents shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 3 5 (hereinafter referred to as ADA). 2. The SERVICE PROVIDER shall, if the SERVICE PROVIDER or any of its partners, subcontractors, or agents employs 15 or more employees, designate aSingle-Point-of-Contact (one per firm} to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 and the ADA. The name and contact information for the SERVICE PROVIDER's Single-Point-of-Contact shall be furnished to the UFF Contract Manager within 14 calendar days of the effective date of this requirement. 3. The SERVICE PROVIDER shall, within 30 days of the effective date of this requirement, contractually require that its partners, subcontractors and agents comply with section 504 and the ADA. ASingle-Point-of-Contact shall be required for each partner, subcontractor or agent that employs 15 or more employees. This Single- Point-of-Contact will ensure effective communication with deaf of hard-of-hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the SERVICE PROVIDER'S Single-Point-of-Contact. 4. The Single-Point-of-Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated compliance with Section 504 and the ADA. Further, employees of SERVICE PROVIDERS, its partners, subcontractors, and agents with 15 or more employees shall attest in writing that they are familiaz with the requirements of Section 504 and the ADA. This attestation shall be maintained in the employee's personnel file. 5. The SERVICE PROVIDER'S Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of- hearing customer or companions are posted neaz where people enter or are admitted within the agent locations. Such Notices must be posted immediately, but not later than March 12, 2010, with respect to current SERVICE PROVIDERs (partners, subcontractors, and agents). T'he approved Notice can be downloaded through the Internet at: http://www.dcf.state.fl.us/admin/i civilri ts.shtml 6. The SERVICE PROVIDER and its partners, subcontractors, and agents shall document the customer's or companion's prefer ed method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The SERVICE PROVIDER shall submit Compliance Reports monthly, not later than the 10`~ day of each month, to the UFF Contract Manager. The SERVICE PROVIDER shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. 7. If customers or companions aze referred to other agencies, the SERVICE PROVIDER must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs." and REPLACE with "1. The SERVICE PROVIDER and its partners, subcontractors, and agents shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Procedure (CFOP) 60-10, Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard-of-Hearing". 2. The SERVICE PROVIDER shall, if the SERVICE PROVIDER or any of its partners, subcontractors, or agents employs 15 or more employees, designate aSingle-Point-of-Contact (one per firm) to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504, the ADA, and CFOP 60-10, Chapter 4. The name and contact information for the SERVICE PROVIDER'S Single- Point-of-Contact shall be furnished to the UFF Contract Manager within 14 calendaz days of the effective date of this requirement. 3. The SERVICE PROVIDER shall, within 30 days of the effective date of this requirement, contractually require that its partners, subcontractors and agents comply with Section 504, the ADA, and CFOP 60-10, Chapter 4. A Single-Point-of-Contact shall be required for each partner, subcontractor or agent that employs 15 or more employees. This Single-Point-of-Contact will ensure effective communication with deaf or hazd-of-hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the SERVICE PROVIDER's Single-Point-of-Contact. 4. The Single-Point-of-Contact shall ensure that employees are awaze of the requirements, roles & responsibilities, and contact points associated compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of SERVICE PROVIDERS, its partners, subcontractors, and agents with 15 or more employees shall attest in writing that they are familiaz with the requirements of Section 504, the ADA, and CFOP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file. 5. The SERVICE PROVIDER's Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hazd-of- hearing customer or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately, but not later than Mazch 12, 2010, with respect to current SERVICE PROVIDERS (partners, subcontractors, and agents). The approved Notice can be downloaded through the Internet at: ht~://www.dcfstate.fl.us/admin/i civilrights shtml 6. The SERVICE PROVIDER and its partners, subcontractors, and agents shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The SERVICE PROVIDER shall submit Compliance Reports monthly, not later than the 2°d business day following the reporting month, to the LTFF Contract Manager. The SERVICE PROVIDER shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. 7. If customers or companions are referred to other agencies, the SERVICE PROVIDER must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs." 2. Page 2, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, Line 44] ADD "CRIlYIINAL BACKGROUND CHECKS: In accordance with Chapter 435, Florida Statutes, the SERVICE PROVIDER shall complete criminal background checks on all applicants for employment, agents, independent contractors, and/or volunteers who aze subject to have contact with any vulnerable person. Furthermore, the SERVICE PROVIDER may not, in relation to the aforementioned members, select nor hire nor allow these members contact with any vulnerable person until the screening process is completed and demonstrates the absence of any grounds for denial. If the SERVICE PROVIDER becomes awaze that a current personnel member has a disqualifying offense, the SERVICE PROVIDER must: 1. terminate the employment of any of its personnel found to be in noncompliance with the minimum standazds of Chapter 435, Florida Statutes; or 2. remove the personnel member from contact with any vulnerable person and place the personnel member in a position for which background screening is not required until the situation is resolved, unless the personnel member is granted an exemption from disqualification pursuant to s. 435.07; and 3. immediately send, to the iTFF Contract Manager, written notification which states: the name of the personnel member, the personnel member's position held with the SERVICE PROVIDER'S organization, the disqualifying offense, and the SERVICE PROVIDER'S outlined procedures and plans of how the individual situation will be addressed and resolved. The SERVICE PROVIDER shall maintain detailed written policies and procedures regarding recruitment practices, screening procedures, reference and background checks, and training methods for employees, agents, independent contractors, and/or volunteers." 2 3. Page 3, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, INCIDENT REPORTING AND CLIENT RISK PREVENTION, After Line 8] ADD 3`a paragraph as follows: "In accordance with the DCF added mandatory reporting requirements under CFOP 75-2, Chapter 9, paragraphs 9- 7, (m) is now added to emphasize the requirement of direct client services providers to report incidents of fraud, waste, and abuse. Therefore, the SERVICE PROVIDER, and any subcontractor, must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the SERVICE PROVIDER, and of any subcontractor, providing services in connection with this contact who has any knowledge of a reportable incident shall report such incident as follows: 1. reportable incidents that may involve an immediate or impending impact on the health or safety of client shall be immediately reported to the UFF Contract Manager; and 2. other reportable incidents shall be reported to the DCF Office of Inspector General by completing a Notification/Investigation Request (from CF 1934) and emailing the request to the Office of Inspector General at ig_complaints@dcfstate.fl.us. The SERVICE PROVIDER, and any subcontractor, may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428. 3. A reportable incident is defined in CFOP 180-4 as follows: (a) Inappropriate employee acts or omissions that result in client injury, abuse, neglect or death; (b) Fraud; (c) Theft; (d) Breaches of confidentiality by an employee, unless inadvertent and self-reported(e.g., revealing a reporter's name, providing confidential documents to unauthorized persons, access of client files for non-business reasons, providing information from client files such as medical or benefits information, etc.) immediately upon confirmation by the district: (e) Falsification of official records (e.g., intentional alteration of state documents, misrepresentation of information during an official proceeding, intentional falsification of client case records, case notes, client contact reports, visitation records, or client home visits, creating false and fictitious files, etc.); (f) Misuse of position or state property, employees, equipment or supplies for personal gain or profit (e.g., misuse of telephonic and communication devices, use of staff for personal services, soliciting on state time and state property, conspiracy to conceal missing state property, misuse of the Internet to conduct personal business as defined by policy, etc.); (g) Failure to report known or suspected neglect or abuse of a client; (h) Improper expenditure or commitment of public funds; (i) Contract mismanagement by a Department employee or by a contractor, subcontractor, or employee of either (e.g., misuse, waste, or loss of a significant amount of public funds, evidence of egregious lack of judgment in the use of public funds, evidence that state or federal laws, or state rules or federal regulations have been violated, etc.); (j) Computer related misconduct (e.g., accessing FLORIDA, Florida's Safe Families Network (FSFN), HomeSafeNet or FAHIS system files of clients when there is no direct business involvement with the client, accessing inappropriate or pornographic web sites, sending threatening or harassing messages, misuse of email, etc.); (k) Any violation under §435, F.S., Title XXXI, Employee Screening, that would result in disqualification from client contact duties (e.g., convicted of murder, manslaughter, assault and battery, kidnapping, false imprisonment, sexual battery, theft, robbery child abuse, abuse and neglect of an elderly or disabled adult, sale of a controlled substance, resisting arrest, contributing to delinquency of a minor, or other disqualifying offence); or, (1) Any other wrongdoing that would be a violation of statute, rule, regulation or policy, excluding job performance and related deficiencies." 4. Page 3, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, INDEMNIFICATIONI DELETE "To the extent allowed by law, the SERVICE PROVIDER shall be liable for and indemnify, defend and hold United for Families and all of its officers, agents, and employees harmless from all claims, suits, judgments, or damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the SERVICE PROVIDER, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof." and REPLACE with "To be liable for and indemnify, defend and hold United for Families, other contracted service providers, its trustees, DCF and all of its officers, agents, and employees harmless from all claims, suits, judgments, or damages, including attorneys' fees and costs, arising out of, relating to or involving any act, actions, neglect, or omissions (inclusive of those associated with any trademark, copyright, patent, or unpatented invention, process, trade secret or intellectual property right, information technology used or accessed, or article manufactured or used) by the SERVICE PROVIDER, its agents, independent contractors, volunteers and students, or employees, whether acting alone or in collusion with others, during the performance or operation of this contract or any subsequent modifications, renewals or extensions thereof. The SERVICE PROVIDER shall provide prompt written notification to UFF of any such claim arising from the performance of this contract. If the SERVICE PROVIDER is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless DCF shall be to the extent permitted by law and without waiving the limits of sovereign immunity. SERVICE PROVIDER shall fully comply with the worker's compensation law regarding SERVICE PROVIDER and SERVICE PROVIDER'S employees. SERVICE PROVIDER further agrees to indemnify and hold UFF harmless from any failure of SERVICE PROVIDER to comply with applicable worker's compensation laws. UFF shall have the right to offset against the amount of any fees due to SERVICE PROVIDER under this Agreement any amount due to UFF from SERVICE PROVIDER as a result of SERVICE PROVIDER'S failure to promptly pay to UFF any reimbursement or indemnification arising under this Section." 5. Page 4, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, INFORMATION SYSTEMS/ SECURITY OBLIGATIONS, Line 2] DELETE "CFOP 50-6" and REPLACE with "CFOP 50-2" 6. Page 4, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, INFORMATION SYSTEMS/ SECURITY OBLIGATIONS, Line 3] DELETE "(CF114)" and REPLACE with "(CF 0114)" 7. Page 4, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, INFORMATION SYSTEMSI SECURITY OBLIGATIONS, After Line 16] ADD 4~' paragraph as follows: "The SERVICE PROVIDER shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the SERVICE PROVIDER shall assure that unencrypted personal and confidential departmental data will not be stored on unencrypted storage devices. If the use of subcontractors by the SERVICE PROVIDER has been approved by UFF, then the SERVICE PROVIDER shall require the same of all subcontractors. The SERVICE PROVIDER agrees to notify, in writing, UFF's Contract Manager as soon as possible, but no later than five (5) business days following the determination of any breach or potential breach of personal and confidential DCF-related data. The SERVICE PROVIDER shall provide written notice to affected parties no later than forty-five (45) days following the determination of any potential breach of personal or confidential DCF-related data provided in section 817.5681, F.S." 8. Page 4, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, Line 31] ADD "PATENTS. COPYRIGHTS. AND ROYALTIES: In the event that any intellectual property, inventions, written or electronically created materials, including books, manuals, presentations, films or other copyrightable materials are produced (arising from the SERVICE PROVIDER's, its officers', agents' and/or subcontractors' performance under or in relation to this contract), these items are agreed to be determined works for hire for the benefit of DCF, fully compensated under this contract amount, and that neither the SERVICE PROVIDER nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the perfonmance of this contract. In addition, the SERVICE PROVIDER shall notify the Department of State. It is specifically agreed that DCF shall have exclusive rights to all data processing software falling within the terms of section 119.084, F.S., which arises or is developed in the course of or as a result of work or services performed under this contract, or in any way connected herewith. Any and all copyrights accruing under or in connection with the performance under this contract are hereby reserved to the State of Florida. Notwithstanding the foregoing provision, if the SERVICE PROVIDER is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply. The SERVICE PROVIDER, if not a state agency, as that term is defined in subsection 768.28 F.S., shall indemnify and save harmless UFF and the State of Florida and their employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or un-patented invention, process or article manufactured by the SERVICE PROVIDER. The SERVICE PROVIDER has no liability when such claim is solely and exclusively due to the Florida Department of State's alteration of the article. The Florida Department of State will provide prompt written notification of claim of copyright or patent infringement. Further, if such claim is made or is pending, the SERVICE PROVIDER may, at its option and expense, procure from the Florida Department of 4 State, the right to continue use of, replace or modify the article to render it non-infringing. If the SERVICE PROVIDER uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the compensation paid pursuant to this contract includes all royalties or costs arising from the use of such design, device or materials in any way involved in the work contemplated by this contract. If UFF uses Federal funds to support this contract, the Federal awazding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under this contract." 9. Page 4, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, Line 34] ADD "PROPRIETARY OR TRADE SECRET INFORMATION: Unless exempted by law, all public records are subject to public inspection and copying under Florida's Public Records Law, Chapter 119, F.S. Any claim by the SERVICE PROVIDER of proprietary or trade secret confidentiality for any information contained in the SERVICE PROVIDER's documents (reports, deliverables or work papers, etc., in paper or electronic form) submitted in connection with this Contractual Rate Agreement will be waived, unless the claimed confidential information is submitted in accordance with the pazagraph below. The SERVICE PROVIDER must clearly label any portion of the documents, data or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as proprietary or trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the SERVICE PROVIDER shall include information correlating the nature of the claims to the particular protected information. UFF and/or DCF, when required to comply with a public records request including documents submitted by the SERVICE PROVIDER, may require the SERVICE PROVIDER to expeditiously submit redacted copies of documents mazked as confidential or trade secret in accordance with the pazagraph above. Accompanying the submission shall be an updated version of the justification stated in the paragraph above, correlated specifically to redacted information. The redacted copy must exclude or obliterate only those exact portions that are claimed to be proprietary or trade secret. If the SERVICE PROVIDER fails to promptly submit a redacted copy and updated justification in accordance with this paragraph, UFF and/or DCF is authorized to produce the records sought without any redaction of proprietary or trade secret information. UFF and/or DCF is not obligated to agree with the SERVICE PROVIDER'S claim of exemption on the basis of proprietary or trade secret confidentiality and the SERVICE PROVIDER shall be responsible for defending its claim that each and every portion of the redactions of proprietary or trade secret information are exempt from inspection and copying under Florida's Public Records Law." 10. Page 6, [Contractual Rate Agreement, SERVICE PROVIDER ASSURANCES, Line 8] ADD "WAIVER: UFF's failure to demand performance of any provision of this Contractual Rate Agreement shall not be deemed a waiver of such performance. UFF's waiver of any one breach of any provision of this Contractual Rate Agreement shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this Contractual Rate Agreement. Any waiver by either party of a violation of any provision of this Contractual Rate Agreement shall not be considered a waiver of any subsequent violation. The provisions in this Contractual Rate Agreement do not limit UFF's right to remedies at law or in equity. WFIISTLEBLOWER'S ACT REQUIREMENTS: In accordance with subsection 112.3187(2), F.S., the SERVICE PROVIDER and any of its subcontractors shall not retaliate against an employee for reporting violations of law, rule, or regulation that creates substantial and specific danger to the public's health, safety, or welfare to an appropriate agency. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. The SERVICE PROVIDER and any of its subcontractors shall inform employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General, the Florida Commission on Human Relations or the Whistle-blower's Hotline number at 1-800-543-5353. The SERVICE PROVIDER must comply with, and incorporate into any of its subcontracts, all requirements related to the federal whistleblower protections specified in Section 1553 of the American Recovery and Reinvestment Act of 2009 (the Recovery Act). The SERVICE PROVIDER shall post notice of employees rights and remedies for whistleblower protections provided under Section 1553 of the American Recovery and Reinvestment Act of 2009 (the Recovery Act)." 5 11. Page 7, [Contractual Rate Agreement, ATTACffiVI1;NT I, A. SERVICES TO BE PROVIDED, 5., a] DELETE This Contractual Rate Agreement does not allow the SERVICE PROVIDER to subcontract for the provision of any services under this contract without prior written approval of UFF." and REPLACE with "a. This Contractual Rate Agreement does not allow the SERVICE PROVIDER to subcontract for the provision of any services under this contract without prior written approval of UFF. In no event may the SERVICE PROVIDER assign or enter into any transaction having the effect of assigning or transferring any right to receive payment under this contract which right is not conditioned on full and faithful performance of the SERVICE PROVIDER's duties hereunder. Any sublicense, assignment or transfer occurring, without prior approval of UFF, shall be null and void. b. The SERVICE PROVIDER will be responsible for all work performed and expenses incurred with the project If UFF permits the SERVICE PROVIDER to subcontract all or part of the work contemplated under this Contractual Rate Agreement, including entering into subcontracts with vendors for services and commodities, it is understood by the SERVICE PROVIDER that all such subcontract arrangements shall be evidenced by a written document subject to prior review and approval by UFF. Such review of the written subcontract document by UFF will be limited to a determination of whether or not subcontracting is permissible and the inclusion of applicable terms and conditions of this Contractual Rate Agreement. The SERVICE PROVIDER shall include, or cause to be included, in all subcontracts (at any tier) the substance of all clauses contained in this Contractual Rate Agreement that mention or describe subcontract compliance. The SERVICE PROVIDER further agrees that UFF shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and the SERVICE PROVIDER shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The SERVICE PROVIDER, at its expense, will defend UFF against such claims." 12. Page 8, [Contractual Rate Agreement, ATTACHMENT I, B. MANNER OF SERVICE PROVISION, 2., a.] DELETE "The SERVICE PROVIDER shall maintain an adequate level of staff and properly trained, screened, and certified staff (administrative and programmatic) to meet the contractual responsibilities and in compliance with all applicable administrative rules and statutes. Moreover, in order to prevent business interruption, the SERVICE PROVIDER must maintain adequate staff coverage to ensure no deficiency or gap in any UFF required service delivery aspect exists on a daily operating basis or an emergency need basis." and REPLACE with "The SERVICE PROVIDER shall only select, hire and maintain an adequate level of staff (administrative and programmatic) who is properly background screened in accordance with the requirements of Chapter 435, Florida Statutes, trained, and certified to meet the contractual responsibilities and in compliance with all applicable administrative rules and statutes. Moreover, in order to prevent business interruption, the SERVICE PROVIDER must maintain adequate staff coverage to ensure no deficiency or gap in any UFF required service delivery aspect exists on a daily operating basis or an emergency need basis." 13. Beginning on Page 22, DELETE current ATTACI~VVIENT II in its entirety and REPLACE with ATTACffi1~NT II FINANCIAL AND COMPLIANCE AUDIT now included in this amendment. 14. Page 24, DELETE current ATTACffiVIENT III CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS in its entirety and REPLACE with ATTACI~VIENT III AFFIDAVIT for CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION MATTERS now included with this amendment. This amendment shall be in effect 10/1/2010. All provisions in the contract and any attachments thereto in conflict with this amendment are hereby changed to conform to this amendment. 6 All provisions not in conflict with this amendment are still in effect and are to be performed in accordance with the level specified in the contract. This amendment and all its attachments are hereby made a part of the Contract #UA979. IN WITNESS THEREOF, the parties hereto have caused this ten (10) page Amendment #0006 to be executed by their officials thereunto duly authorized. SERVICE PROVIDER: ~~ ST. LUCIE COUNTY DRUG SCREENING LAB UNITED FOR FAMII.IES, INC. Signed By: Name: Charles Crrande Title: Chairman Date: Federal I.D. # 59-6000835 Signed By: Name: Christine W. Demetriades Title: Chief Executive Officer Date: Federal I.D. # 59-3616410 7 ATTACHMENT II FINANCIAL AND COMPLIANCE AUDIT The administration of resources awarded by UFF to the SERVICE PROVIDER may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised, UFF may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on-site visits by UFF staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the SERVICE PROVIDER agrees to comply and cooperate with any monitoring procedures deemed appropriate by UFF. In the event UFF determines that a limited scope audit of the SERVICE PROVIDER is appropriate, the SERVICE PROVIDER agrees to comply with any additional instructions provided by UFF regarding such audit. The SERVICE PROVIDER further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by DCF staff, DCF's Inspector General, the State of Florida's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised. In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the SERVICE PROVIDER must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended during its fiscal year, the SERVICE PROVIDER shall consider all sources of Federal awards, including Federal resources received from UFF. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the SERVICE PROVIDER conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the SERVICE PROVIDER shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with UFF in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due UFF shall be fully disclosed in the audit report package with reference to the specific contract number. PART II: STATE REQUIREMENTS This part is applicable if the SERVICE PROVIDER is a non-state entity as defined by Section 215.97(2), Florida Statutes. In the event the SERVICE PROVIDER expends $500,000 or more in state fmancial assistance during its fiscal year, the SERVICE PROVIDER must have a State single or project-specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state fmancial assistance expended during its fiscal year, the SERVICE PROVIDER shall consider all sources of state fmancial assistance, including state financial assistance received from UFF, other state agencies, and other non-state entities. State fmancial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the SERVICE PROVIDER shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. 22 The schedule of expenditures should disclose the expenditures by contract number for each contract with LTFF in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due UFF shall be fully disclosed in the audit report package with reference to the specific contract number. PART III: FOR-PROFIT SERVICE PROVIDERS Although PART I and PART II above govern primarily SERVICE PROVIDERS that are a State or local government or a non-profit organization as defined in OMB Circular A-133, the pass-through entity (UFF) is responsible for establishing requirements, as necessary, to ensure compliance by for-profit recipients/subrecipients. Therefore, UFF will require its contracted for-profit SERVICE PROVIDERs who receive $500,000 or more per year in federal or state funds to have both of the following: 0 A single audit in accordance with the requirements of A-128 or A-133. 0 Aprogram-specific annual independent financial and compliance audit conducted and prepared in accordance with Generally Accepted Government Auditing Standards, applicable laws and regulations. In turn, UFF will require its contracted for-profit SERVICE PROVIDERs who receive less than $500,000 per year in federal or state funds to have the following: 0 Aprogram-specific annual independent financial and compliance audit conducted and prepared in accordance with Generally Accepted Government Auditing Standards, applicable laws and regulations. For-profit entities must further comply with PART IV and V stated below, herein ATTACHMENT II. PART IV: REPORT SUBMISSION Any reports, management letters, or other information required to be submitted to UFF pursuant to this agreement shall be submitted within 1( 20) calendar days after the end of the SERVICE PROVIDER'S fiscal year or within thirty (30) calendar days of the SERVICE PROVIDER's receipt of the audit report, whichever occurs first, directly to the following unless otherwise required by Florida Statutes: United for Families Attn: Contracts Manager 10570 S. Federal Hwy, Suite 300 Port St. Lucie, Florida 34952 SERVICE PROVIDERS, when submitting audit report packages to LJFF for audits done in accordance with OMB Circular A- 133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the SERVICE PROVIDER must be indicated in correspondence submitted to UFF in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General. PART V: RECORD RETENTION The SERVICE PROVIDER shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six (6) years from the date the audit report is issued and shall allow UFF or its designee access to such records upon request. The SERVICE PROVIDER shall ensure that audit working papers are made available to UFF or its designee upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by iJFF. 23 United for Families ATTACHMENT III AFFIDAVIT for CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION MATTERS This affidavit for certification is required of IJFF potentiaUcurrent subcontractors as an additional contract provision contained in the contract between LIFF and the State of Florida, Department of Children & Families (Contract ZJK84). This certification fiuthennore meets the requirement of the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The guidelines were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211). 1. Being an authorized contract signatory authority representing my organization, I hereby affirm and attest to the best of my knowledge and belief, on behalf of my agency, that the below statements are true and correct. My organization certifies that it and its principals: ® are not presently, and/or have not been within the past 5 years, barred, proposed for debarment, suspended, declazed ineligible, or otherwise prohibited or voluntarily excluded from doing business with iJFF or any government entity; ® are not presently or have not, within athree-year period preceding this proposaUservice contract, been criminally and/or civilly charged by iJFF or a government entity (Federal, State, or local) with, indicted for, convicted of, had one or more public transactions terminated for cause or default as a result of, or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction and/or a violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bnbery, falsification or destruction of records, making false statements, or receiving stolen property; ® aze not under investigation or indictment for criminal conduct, or have been convicted of any crime which would adversely reflect on their ability to provide services to vulnerable populations, including, but not limited to, abused or neglected children, or which adversely reflects their ability to properly handle public funds; ® are not currently involved, or have been involved within the last 5 years, with any litigation, regardless of whether as a plaintiff or defendant, which might pose a conflict of interest to UFF, the State of Florida, Department of Children & Families, the state or its subdivisions, or a federal entity providing funds to the State of Florida, Department of Children & Families or UFF; ® have not had a contract terminated by LJFF or the State of Florida, Department of Children & Families for a failure to satisfactorily perform or for cause; or ® have not failed to implement a corrective action plan approved by LJFF, the State of Florida, Department of Children & Families or any other governmental entity, after having received due notice. 2. Where the organization is unable to certify to any of the statements in this certification, such an organization shall attach an explanation to this certification. Subsequently, the organization shall provide immediate written notice to the LJFF Contract Manager at any time the agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. If it is later determined that the signer knowingly rendered an erroneous certification, then iJFF, the Federal and/or State Government may pursue available remedies, including suspension and/or debarment. Name of Certifying Official Signature Date Title Official Name of Organization/Agency/SERVICE PROVIDER Address of Organization/Agency/SERVICE PROVIDER State of Florida County of Swom to (or affirmed) and subscribed before me this (day of month] day of In witness hereof, 1 hereunto set my hand and official seal. (month), 20 (year]. (Signature of NOTARY PUBLIC, STATE OF FLORIDA) (Print, Type, or Stamp Commissioned Name of Notary Public) My Signature, as a Notary Public, verifies the affiant's identification has been validated by Personally Known: OR Produced Identification: of Identification Produced: 24 1~ ~}. -~ ITEM NO. VI-B-4 " ~ { = - DATE: 09128110 ~ - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBMITTED BY: County Attorney SUBJECT: Permission to Advertise -Certificate of Public Convenience and Necessity (CON) -Application for Class F for Golden Years Senior Care, Inc. BACKGROUND: See CA10-1195 FUNDS AVAILABLE: N/A PREVIOUS ACTION: On August 18, 2010, the Emergency Medical Services Advisory Board voted to recommend approval of the application for CON. RECOMMENDATION: Staff requests permission to advertise Golden Years Senior Care, Inc.'s application for Certificate of Public Convenience and Necessity for public hearing before the Board of County Commissioners on October 26, 2010, beginning at 9:00 am or as soon thereafter as may be heard. COMMISSION ACTION: (X) APPROVED ( ) OTHER CONCURRENCE: ( ) DENIED ~~ -~ Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) ~.~ Public Safety (x ) . Daniel S. McIntyre (Jack Southard) ERD ( ) (Name) (Name) -.-_. COUNTY F L~ R I .D A - TO: Board of County Commissioners COUNTY ATTORNEY MEMORANDUM FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA10-1195 DATE: September 28, 2010 SUBJECT: Permission to Advertise -Certificate of Public Convenience and Necessity (CON) -Application for Class F for Golden Years Senior Care, Inc. ITEM NO. VI-B-4 Background: Golden Years Senior Care, Inc. d/b/a Granny Nannies has submitted an application, attached, for a Class F (Use of wheelchair vehicles to provide wheelchair vehicle service) Certificate of Public Convenience and Necessity (CON). The Public Safety Director has reviewed the application and found it to meet the requirements of Chapter 1-12.5 of the Code of Ordinances. Previous Action: On August 18, 2010, the Emergency Medical Services Advisory Board voted to recommend approval of the application for CON. Recommendation: Staff requests permission to advertise Golden Years Senior Care, Inc.'s application for Certificate of Public Convenience and Necessity for public hearing before the Board of County Commissioners on October 26, 2010, beginning at 9:00 am or as soon thereafter as may be heard. Respectfully submitte , ~~f ~. ~ 19eather Sperrazza Lue Assistant County Attor ey ~utvvtNitNCt AND NECESSITY APPLICATION pp ~DL,1~ t~ ~t~S St--'fit ~ C~~ ILL 1. A iicant's name: Address: I ~-2--~ ~ ~ ~~~~--~ -~'~V ~'N1~1 ~D t~~ S~ ~ N j t_l.~l L~ ~ ~-t-C~ P-! L~4 34~~ 3 Phone: ~2 - ~~1- ~6~ 2. Applicant's Business is a ( )Sole Proprietorship ( )Partnership (~f Corporation If Applicant is a partnership list the name and address of each partner: Name: Address: If Applicant is a corporation list the Name and Address of the following: Name: G OL~~1 '~ f t~}P~ S~-~.~t D~ ~~A-~,~ ~ ~~, Address: 122 SIn1 ~~j~ ~i1~1t,~E `ESL -~ "~, _4~-r President: ~ i A V. President: ~~ Secretary: ~~ Treasurer: S'/4 ~ L~ Date of incorporation: v~oc t-l ~ 2Cr~1 ~~4~ ~ ~~ l~,bG ~ ~~2~1 w o4+~ ~ ~~r\c Place of Incorporation: s~~ ~ ~ ~ ~ ~~~ D~ (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) . ~~~ ~ ~ ~r~-Nl~t x ~ 3• Applicant's iviedicai uiracior: Address: . 5. Please attach a vehicle roster which describes all vehicles Applicant proposes to use in St. Lucie County as well as the relevant license and registration numbers. 6. Please list how you handle radio communication from your base of operation in St. Lucie County to your vehicles and/or personnel out in the field of operation. S~~ ~ i i AcH-~ ~rPQ~v,~ ~ x . ~ 7. Please attach a current financial statement which includes a statement regarding whether or not Applicant receives Federal or other Public funds. If Applicant is a governmental unit, please provide statement of funds budgeted for this service. ~~E ~~c ~4G~ ~ ~P~1 ~c . ~ 8. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occun'ence). ' (Please attach Certificate of Insurance from such carrier.) 9. Area '(s) proposed to be served by Applicant: S ~ " `-~ c-~ ~ c o cc ~ i y IYl ~. i ~ ry Cc~ uti i ~l i -~Ji fir,! ~i~~ C~c~t~T~ (Also please provide a detailed map of service area.) S~ ~ti'7"1~Gt}~"~ A'PP'-~C:Nt'~i?~ C~ 10. Address of base of operation from which the proposed area (s) are intended'to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) ~i+z~ nn~..l 1J1~N1~ttS nn~ ~ -,.~ ~„L.~-~-,~..n ~ ..-- ....~„-- -144-L~ S p u i ft U t~l ~~W ~ ~~ Del ~ `tom l_. -~ ~ ~ , G ~ 11. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: (In addition, please indicate whether applicant is willing to provide . indigent transport service and community service during any emergencies}. S ~~ ~-T~4c tf-~ ~P~D~X ~-} 12. Please provide detailed information on how you will affect exisfinn _~A~,~~o~ ;~ +~,e 14. ~ Please provide a narrative history of Applicant's company. At a minimum please include: (a) three personal reference, (b) completed training and certificates, (c) experience and personal. integrity, (d) areas previously and/or currently served, (e) hospitals or other entities previously or currently served, (f) names and length of . employment of key employees. 5~~, fl'~Llt~~ ~ ~~~ ~ 15. On a separate sheet, please provide a justification for your application. Any relevant support documentation should be attached such as area survey you may have conducted, growth studies, population studies, needs assessment. S~ A i ~ ~i ~?DI~C 1! 16: Written documentation of a background check performed by the Florida Department of Law Enforcement (FDLE) on each of the applicant's personnel. 17. .Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. ~ /~ 18. Classification applying for: Ll_~SS t= Sig ature Applicant STATE OF FLORIDA - ~. COUNTY OF ~ _('l t- r The foregoing instrument was acknowledge before me this ~ day of e , ~, by ~,f~~n as for _(n nn~ Il)4t1[i~,S r(Y1~t n~ a ~ ~.rn ~~~ ~~ ^---~ ~ -- ~tate'~~ --~r0riaa I certify from the records of this office that GRANNY NANNIES is a Fictitious Name registered with the Department of State on February 14, 2006. The Registration Number of this Fictitious Name is 606051900054. I further certify that said Fictitious Name Registration is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of March, 2006 ~~. . ~~~ ~ ~Q~b ~~EZrs~~ of~t~ f f ~P~rttrfrnPnt IIf ~t~~p v~z~c22 roe-osi 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. AN_ Stanley Woghiren Administrator Brenda Woghiren Alternate Administrator Driver Driver's License No: W265-061-62-674-0 License Expiry Date: 05/14/2012 Vincent Cutenese Senior Driver Driver's License No: C352-870-56-130-0 License Expiry Date: 04/10/2014 FLORIDA VEHICLE REGISTRATION PLATE 857T1/W DECAL 14042457 YR/MK 2005JDODG BODY VN VIN 2D4GP44L45R200451 Plate Type RGS NET W1- 4098 DL!FE>D 204249341-01 Date Issued 11/16/2009 Plate Issued 11/16J2009 GOLDEN YEARS SENIOR CARE INC 7440 S US HWY 1 PORT ST LUCIE, FL 34952-1417 CO/AGY 6 / Z T# 602732398 B# 285216 Expires Midnight Wed 6J30/2010 COLOR RED Reg. Tax 96.15 Class Code I TITLE 103374643 Init. Reg. 225.00 Tax Months 7 County Fee 3.00 Back Tax Mos Mail Fee Credit Class Sales Tax Credit Months Voluntary Fees Grand Total 324. l5 IIvIPORTANT IlYFORMATION 1. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibiliry of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. RGS -SUNSHINE STATE PLATE ISSUED X 6. Please list how you handle radio communication from your base of operation in St. Lucie County to your vehicles and/or personnel out in the field of operation. ANSWER: Radio communication will be conducted through us of NEXTEL cell phone which are dedicated for non- emergencytransportation service. The Administrator, Alternate Administrator and Senior Driver all have NEXTEL cell phone. ~o:zs AM GRANNY NANNIES oz/oe/~o Profit & Loss cash Basis January through December 2008 Jan -Dec 08 Ordinary Income/Expense Income Fees 482,070.99 INCOME 28,767.19 Reimbursed Mileage 75.89 Screening Fees 308.00 Total Income 511,222.07 Expense Advertising 12,371.83 Automobile Expense 8,339.27 Bank Service Charges 401.00 Depmciation Expense 925.00 Dues and Subscriptions 652.77 Franchise Commission 11,029.82 Insurance 7,867.56 Interest Expense .834.56 Licenses and Permits 272.70 Meals and Errtertainment 221.67 Medical 748.98 Miscellaneous 249.11 Office Supplies 1,001.15 PAYROLL 141,387.53 Postage and Delivery 82.91 Printing and Reproduction 1,397.32 Professional Fees 9,958.66 Rent 9,877.81 Repairs 233.77 SUBCONTRACTORS .225,353.33 Supplies 1,988.40 T 8, E 3,773.75 Utilities 6,483.36 VOID 0.00 Write Offs 8,762.62 Total Expense 454,214.88 Net Ordinary Income 57,007.19 Other Income/Expense Other Income Other Income 3,428.00 Total Other Income 3,428.00 Other Expense Other Expenses 0.00 Total Other Expense 0.00 Net Other Income 3,428.00 Net Income 60,435.19 Page 1 a~^~R OP ID NH CERTIFICATE OF LIABILITY INSURANCE °"~~"' L~ GRANN-2 02 04 10 PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE American Business Ins Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW on Rd #120 Can d i y ero n 32107 L Westlake Village CA 91361- Phoae:800-980-1950 Fax:800-980-1960 INSURERS AFFORDING COVERAGE NAIC# MSURED INSURER A: II111C0 C88u81 CO an INSURER 8: Golden YAara SeIiior Care Znc, i INSURER C: es dba Granny Nann 7440 3011tH IIS Sighvra 1 9 INSURER D: 2 Port St Lucie FL 34 MISURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FL)R ~ ht r~uL:7 rtrcluu mLnL.n 1 tu. rvv 1 wl ~ rw 1 Mrvurrv~a TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT W RH RESPECT TO WHICH THIS CERTIFICATE MAY BE RSSUED OR ANY REQUIREMENT ' , riONS OF SUCH THE INSURANCE AFFORDED BY THE POLICIES DESCRIED HEREM IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDT MAY PERTAIN , POLICIES. AGGREGATE L9~ARS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR S TYPE OF MISURANCE POLICY NUMBER DATE DATE ~ LgiAT1S GENERAL LUIBILITY EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY PREMISES (Ea oowrenca) _ CLAIMS MADE ~ OCCUR MED EXP (Arty one person) S PERSONAL b ADV INJURY E GENERAL AGGREGATE S GEML AGGREGATE LIMB APPLJES PER: PRODUCTS - COMPlOP AGG S POLICY ERCaT LOC AUT OMOBILE LUIBLITY COMBMED SINGLE LIMB S (Ee accWerK) ANY AUTO ALL OWNED AUTOS BODILY INJURY a 125 , 000 A X scHEDULEDnuTOS 09UCC1276 10/31/09 10/31/10 ~pB18O") HIRED AUTOS BODILY INJURY S 300,000 NON-0WNED AUTOS (Per ~) - PROPERTY DAMAGE S lOO 000 (Per ecddern) , ~~ Upa~r AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS f UMBRELLA LJABIIITY EACH OCCURRENCE S OCCUR ~ CLAIMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION S S wDR KERSC~MPENSanoN ~ - TORY LMARS ER AND EMPLdYER8 ~~ YIN ANY PROPRIETORIPARTNER/EXECUTNE E.L EACH ACCIDENT S ^ OFFICER/MEMBER EXCLUDED? IM,,,d.m,y ~ NH) E.t DISEASE - EA EMPLOYE S If yes, dasaibe under SPECL4L PROVISIONS below E.L DISEASE -POLICY LlMR S OTHER Physical Dsmage Comp~Coll DED $1,000 A ,Actual Cash Value 09IICC1276 10/31/09 10/31/10 S cPeril DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I EXCWSIONS ADDED BY ENDORSEMENT I SPECUIL PROVISIONS Driver Added effective 02/04/10: Vincent Cuteness CFRTIFICeTF HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION EVIDENC DATE THEREOF, THE OL4UING INSURER WILL ENDEAVOR TD MAIL 1 O DAYS YYRnTEN ET71denCe of Insurance NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 7UC IMPOSE ND OBLJGATON OR LIABILITY OF ANY KIND UPON 7HE INSURER, ITS AGENTS OR REPRESENTATNES. YiYYYY Y]t;YYYYYYYYYY~Y YYYZYYYYZY ]C71:][1[]r]C1C1C7C]C AUTHORGED REPRESENTATNE ACORD 25 (2009/01) 'U T9i3tf-lUUy AGVKL7 GGJKF'e1CA I IUIY. An rlgrns reserves. The ACORD name and logo are registered marks of ACORD Printable Counties map Florida State Man With Cities Quick Weight Loss Centers Search multiple engines for flarida Lose 3-7 Ibs per week. South state map with cities Florida's weight loss secret! www.wehaawier.corn quiekweightloss.rretlaree f 17 19 ~ ~ ~ 18 21 as.G ~ u "~` Ads b11 1 ~ 3 5 7 4 8 11 8 ~ ~ 12 14 1. E~aenbia ~ 8anta 10 1a asa 3. Qkabosa * Wa11on 8. Holmes 8. Wighingron 91. Quval T. Jackson 32 ~ 8. Ca~Oenr 33. SL Johns 9. ~ 94. Ptrrnam 10. CiuN 35. FvpMr 11. C~adssn 38. Marion 12. 37. ilblusis 19. i.son 98. Cltrw 14. YVaIn~Na 9.9. Hsrrwtdo 1S. Frarrdin 40. lSunrier is..Nt'fenon 4i. take 17. Madson 4z serninole 18. Taybr 43.Onnps 19.1farriNlorr 44.8rsrard 20.8tewannee 45.Osceola 21. lvtdfayaiis 4B. Polk z2.0iocis 47. Paeoo 29. Cottunbia 48. l~eNas 24. QNdwst 49. HiMsboragh 35.13alrar 50. Manafss 28. Union 51. Saraso~la 27. iBradford 8Z. Harolss 28. Alachua 53.OsSob 29.levy .rs4. Wpl9ands 30. iruasu R 55.Oke~schobss 58. Iridisrt Rlwr 57. St l~rcis 58. Martin 59.GNades 80. Charlails Q1. LN 62 siardry 83. Palen 8esch 84. @fONlard 85. Cofer 88. Marroe 87. i1~6ami-Dedr 38 _~ 47 so 5T Page 1 of 1 Florida Counties Man Find great deals and save! Compare products, prices & stores www.Shopping.cam 31 31t ~ 34 95 ~ 1 37 ~ 41 ~ ] 43 '~ u 56 s2 ~ ~ ~, 63 ~ ~ ~ . 81 ~ ~ 85 ~ ~ ®1996-2pt>g SMb Holfwr iDeaips .rw~v.~sebh.M~..cis .v,~.rtlo.idae~uesmNpcm 66 W ~ ~,.,• .,-.«~" . Q7 Main Paae ~ Highlands Countv Search Engine ~ Counties List ~ Print Counties man ~ Feedback ~ Advertise With Us ~ More Mags Design p 2001-2009 Snob Hollow Designs www.snobhollow.com 11. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: (In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies. ANSWER: Reserve company vehicle (wheelchair non-emergency transport) 1 hour $30.00 plus $.50 per mile 1 hour after 6pm $40.00 plus $.SO per mile With respect to whether Granny NANNIES is willing to provide indigent transport services and community services during emergencies, we were advised by Ed Griffin of MV Transportation that he already had more than enough participants that would fulfill this requirement and he confirmed that he did not need our service. I spoke with Mr. lack Southard on December 17, 2009 at 11:25am and informed him of Mr. Griffin's advice. Mr. Southard advised and confirmed that Granny NANNIES should turn in our application since Ed has confirmed that he did not need Granny NANNIES services. Answer to Question 12 12. Please provide detailed information on how you will affect existing services in the following areas (a) cost (b} quality of care (c) availability (24 hour operation). ANSWER: Granny NANNIES business objective is aimed at providing services that complement the changing demand and needs of its current and potential customers. Since 2006 Granny NANNIES staff have been monitoring and analyzing the various requests for services from our past, current and potential customers. The conclusion from the analysis of our survey revealed that inquirers are looking for assistance that combines both home health care and non-emergency transportation services. These customers are predominantly the elderly,, couples or individuals with special needs that specifically prefer a licensed nurse registry that engages certified nursing aides (CNA) or home health aides{HHA), registered nurses (RN) level of care to provide them with their required service. Our survey also revealed that access to transportation is the. major factor that allows our elderly and special needs customers to live independently at home. It is the connection to vital activities that are very important to them and the additional provision of escorts that are trained and certified to pick them up from home, guide them through appointments and return them safely to their homes. Cost The rate that Granny NANNIES would charge for the provision of non-emergency transportation services has been determined from the analysis of the. survey that has been conducted with our customers. This rate is set within the rates that are generally charged by other competitive licensed Nurse Registry agencies in the area. Granny NANNIES non-emergency transportation service will complement the rates that are charged by existing services because our business objectives will be focusing on customers that prefer to patronize the services that are provided by licensed Nurse Registries. Quality of Care As an established licensed Nurse Registry Granny NANNIES since 2006 has been involved in the provision of quality care to its clients. These services range from basic care to total care support. Our caregivers have and continue to (where required) use their own vehicle or the clients vehicle to transport clients to their respective appointments or engagements. These include discharges and transfers from facilities to home or place of residence. With respell to quality of care, as a licensed Nurse Registry Granny NANNIES is already subjected to the requirements of quality assurance inspection that is conducted by the State of Florida. We have proven knowledge, experience and track record for providing quality services to our clients and those with special needs. We work with policies and procedures that are driven by our customers. We have knowledge and working experience in managing "compliances" that includes complaints/abuse reporting, emergency management, HIPAA (privacy rule), Physicians Statement of Good Health and verification of licenses. The staff and independent contractors that provide our services are comprehensively orientated before they are engaged. They have to comply with other recruitment standards before they are also allowed to provided quality services to our clients. The standards that have been complied with include the following: criminal background screening, drug abuse testing, CPR/First Aid, in-service training HIV/AIDS, Domestic Violence, Risk Management training and references. As an agency we periodically conduct customer satisfaction survey with our clients inorder to ensure that we are addressing the needs of our customers and the local community. As a licensed agency we have developed the necessary administrative infrastructure that is required for providing quality of care services to our clients. Availability Granny NANNIES non-emergency transportation services will be provided on a 24 hour operation services mode. Granny NANNIES will refer potential customers to other local non-emergency transportation providers where such requests are outside of our business objectives. Answer to Question 14 14. Please provide a narrative history of Applicant's company. At a minimum please include: (a) three personal references, (b) completed training and certificates, (c) experience and personal integrity, (d) areas previously and/or currently served, (e) hospitals or other entities previously or currently served, (f) names and length of employment of key employees. ANSWER: Granny NANNIES Nurse Registry was founded in Central Florida in 1990 and has since grown into a successful licensed nursing agency with numerous company owned and owner/operated franchise locations serving thousands of the community elderly and individuals with special needs. Granny NANNIES location in the Treasure Coast was established in 2005 and licensed in 2006 to cover the counties of Saint Lucie, Martin and Indian River. Our office is located in Port Saint Lucie. The agency is owned and managed by an Administrator and Alternate Administrator and supported by other clerical and administrative staff. We have independent contractors, known as caregivers that include certified nursing assistants, Home Health Aides and Companions that provide services to our clients. We also have a Registered Nurse that is engaged to provide assessments when required by our clients. The Agency is providing a valuable service of employment and in service training to the local community as well as fulfilling the desired needs of its existing and potential customers. The Agency specializes in certified nursing assistant (CNA) AND Home Health Aide (HHA) level of care for the elderly, couples or individuals with special needs. Our care services are available for 24 hours a day and seven days a week. Our services range from basic care through total care and these include, transferring, toileting, bathing, medication reminders, light housekeeping, doctor appointments, companion, range of motion exercise, general supervision, errands and shopping. In addition to these services our trained caregivers have and continue to (when requested by clients)use their own vehicle or the clients vehicle to transport client to their appointments or engagements. These appointments range from hospital or doctor visit, social clubs, churches/religious venues. (a) Three personal references included are references from Mrs. Deanna Mitchell, Mr. Stuart Putnam and Mrs. Marlene Blattman. (b) Completed Training and Certificates: Included are Brenda Woghiren-CPR certificate, Eighty Hours Administrative Training; Vincent Cutenese-CPR certificate; Stanley Woghiren-Eighty Hours Administrative Training. (c) Experience and personal integrity: Included are copies of resume for Vincent Cuteness and Brenda Woghiren. (d) Areas previously and/or currently served: Saint Lucie, Martin and Indian River Counties. (e) Hospital or other entities previously or currently services: St. Lucie Medical Center, Martin Memorial Hospital, Indian River Memorial Hospital. (f) Names and length of employment of key employees; a. Stanley Woghiren, Administrator -since 2005 b. Brenda Woghiren, Alternate Administrator -since 2005 c. Vincent Cuteness, Admin/Driver -since 2010 Deanna M. Mitchell 2735 SW Glenmoor Way Palm City, FL 34990 772-283-5095 December 21, 2009 To: The Board of County Commissioners Re: Granny NANNIES Granny NANNIES is a licensed nursing agency that has provided live-in care for my mother since July, 2009. I was impressed with them on our initial contact, at which time an appointment wss made to meet at Mom's residence to discuss her needs and to review the care programs they offered and recommended for her. I continue to be impressed since engaging their services and seeing first-hand how qualified and caring their caregivers are ... every single day, 24/7. Mom is carefully and tenderly attended to, and she (and 1) have peace of mind knowing that they are there solely to meet her needs and provide professional and loving attention to her: Mom has thrived on their good cooking, has gained weight, has discontinued the need for medications, and relaxes in the cleanliness and comfort of her own home. I did my due diligence and I can say that I made the right choice. Granny NANNIES is truly committed to providing the highest quality of compassionate care to its clients, and I am especially impressed at how good they are at matching the right caregiver to the client. Surely being in the profession of providing affordable home care services must have its share of challenges, but Granny NANNIES is definitely doing all the right things for all the right reasons and is therefore, in my opinion, one of the very best in the industry. Our communities are fortunate to have Granny NANNIES, and I highly refer them to my friends and to you without hesitation. Sincerely /~~ Deanna M. Mitchell PL?TNAM December 21, 2009 To Whom It May Concern: It is my extreme pleasure to recommend Granny Nannies. A little over three years ago I was in desperate need of care provider services for my aging and `ailing parents. (went through three other providers before 1 was introduced to Stanley and Brenda. I was impressed with their sense of urgency to help me. In them, I found real partners in developing a care plan for my parents. Their caregivers are fully trained and screened. They have looked after my parents with the utmost of respect and sensitivity. More than that, they have done so with complete regard for their dignity. There are not enough words to describe what they have brought to my family. I remain satisfied and impressed with the delivery of the care services that Granny Nannies have provided for my parents, which in my opinion, is comparatively of high quality. Over and above what their care providers have done for my parents ... Stanley, Brenda and office staff are professional and accountable. When l've had questions they have been addressed immediately. They are courteous, friendly and sensitive to the needs of their customers. Thus far I am confident with their integrity and I will not hesitate to employ their . services for as long as there is a need. 1 have recommended their services to friends searching for a care provider and will continue to be their biggest fan. If you have any comments, questions or if I can provide any additional information please feel free to contact me directly. Regards, ~GC~'- Stuart G. Putnam Stuart O Putnt am 1~i4 Soriano Dri<~e Jupiter Florida 331,.58 Phone: 561-707-~3-t18 email - stuariputnunC~aol.com RECEIVm 12/21/2089 04:04 .Dec 21.09 02:56p Howard 7725639883 p.1 Marlene S. Blatttaaa 6225 Coveriy place Vero Beach, FL 32966 561-929 3271 (c) 777-7949830 (o) fax: 772-563-9883 December 2I, 2049 To Whom it May Concern; This Letter is to endorse Granny ~iannies as a business that offers service, integrity and compassion As the daughter of ane of the patients that Granny Nannies serviced from December 1, 2006-June 7, 2009, I can tell you first hand, that not only does. Granny nannies prm7de wonderfiil service as an con, but the administrators of Granny Nannies of the Treasure Coast are to be commended for their hands on approach to the way in which they nm their agency. In the almost three years in which I utiIi~ed Granny Nannies, some problems did arise- thingshappen It was the way in which Stanley Woghirea and Brenda bandied the issues that made the difference. They were always sensitive to my needs and to the needs of my infirmed mother. They handled difficult sitaations delicately but diroctly. They seemed w have the right balance of knowledge and compassion and came up with logicxtl and workable solutions. I would highly recommend Granny Nannies to aayoac is need of senior services. Most importantly, the people that run Granny Nannies of the Treasure Coast, are to be commended and applauded for the outstanding and reliable servicx they provide for the elderly. Please feel flee to call upon me if I can be of further assistance. Sincerely, ,~~ ~ -- Marlene S. Blaftman Daughter of the late Rose Friedman -. T -_ r _ . _ x'31 i=~j '"`? ^?C :3'ST%3? `~ .. :`.d ?i C57 :1'4'.?7_°! i ~ S? •'C:.iS.C :~ Cf~r.u:'i: 0:3 ~ : ."ai Z.li. ~i. : ? 4_u;,f?',: X.:ii3::.d '•Y'.i. 1.15 ~-"'i::d'Jii :f ~~:9 .ti.t; ,Ll Iii IC']~1 J.~::r }•" '~T'. F~a~~ ESU9 .).Y9 Flxc,^^an_so 1'~a~awat Cate _:t".'y .:3:'F:Y .. 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This card contains unique security features to protect against forgery. 80-t?03 R~ y~M t~ ,, ..~ ,:: / za ~% i ~~~~~ ' tl~ i' 1~1 ~~ i y i, .I ~'` ` '. ~C,~ I '~ i ~; ' ~: ~,,; ,~:• 't.:.: f~;;, ,,~ i ~~:i ~~ ,,. -. @'~' . /~ i Certi, ficate of Completion This 1S t0 Certify that Brenda Woghiren Attended and Successfully Completed Eighty Hour Administration Training February 10, 2006 Granny N~U~I~NIES 1912 Boothe Circle #300 Longwood, FL 32750 ~. ~,, :, ~ 7~ ^`I ~r~~ ~, _,.,< . ~;r.~,,`.~ T'rai~aer Signature t ' ~ ; -s- l ~ . ' `Administrator Sign ~~_, :.U'~ ~T `~~ ~ 'i h~ -~ .~ On This L~?~ ~Y '' ~ 200 ter' ~~ ~L' 7~~1`(`! .` .. ''. x . -... <~. -~ >` ~ ~_, •: _,~.~ . i~ -.~~r . :. ' ~ ^t., f; :~~4, .}~: ~,: `'X'~ --=.~~~ '+~. ~,~, •r ~~~~. ~ ~ .:....~. L ~'. `_ \~ .... ,~ ~~ ~~ _ . :~ r,~: .x ~;;:~, ,~~:~ :rt~_~ -`,"' I 1 ~ -. ~~:. 1 ~; r ;: ~ ~. ~~ ~~ y ~..y4 :~ ~; r-Y-=~ ~. -; =, ; ' _ ~°> ~r, '- S ~ 'f 4 =~,. :/ .. Y~%~ rR ~tl, 1;;~'j 3 a4y~:~ ;~~ :~~ ., ~~ rid;; ~;, ~':; ;fir,! ~ ~~i f~i'. Certi acate of Completion This is to certify that ~S'tanley N~oghiren ' Attended and Successfully Completed Eighty Hour Administration Training February 10, 2006 L~. !i1 r, ~,~ ;1: ,.~;.~ ; ,U Trainer Signature ,,,.: ,, ii Admirristrator Sigr ~; i Granny N~t~'1~NIES 1912 Boothe Circle #300 Longwood, FL 32750 ~L`` ~ ~_day t~; .,? (On This u,' i . ..~ ~~~?~~ e ~6~,1 2UO~p `_:~' ..` . ~s (.~ ~/~ V ~~ ~ ", c,~p`1 ~~~~ ~~ . i ,. .:: _ ;.~ _ _~~:. - <` ,~~ ..:. ' . T.: :, ~,, :.-- .~~x !` r ~.,s~;:, ~t~ =~~~.. ~~~~~~. }y~, '` -f'n's .. ,~ '`. :,-~_= ~ir''...'~Ylr .. ~~}. ~: ~,~ . ... ~. :,~ ~~.- ~~- ^~~ ;~{ ~~~x: ,. _~~= ° >x: ''iv ~:=« ^y:. Vincent J. Cutenese 1914 SW Import Drive, Port St. Lucie, Fl. 34953 (479) 903-4103 / (772) 626-6020 OBJECTIVE: To obtain afull-time position as a C.D.L. Class A Driver for an organization that would utilize my 28 years of professional experience and proven skills as professional driver. QUALIFICATIONS: Professional C.D.L. Class A Tractor Trailer Driver Passen er Endorsement Dispatch and transportation Services 28-Yeats Clean Driving Record Two and Fout Year Safety Awards Third Place Winner for the Flowers Baking Co. Annual Road Rodeo, 1987 & 1988 ATTRIBUTES: Focus on developing trust through quality customer service. Adapt easily and quickly to new skills and concepts. Courteous, dedicated and dependable Strong team player, work well with co-workers and managemert CAREER HISTORY: 06/09-07/09 CEMEX, Indiantown, Fl. Concrete Mixer Driver Poured Concrete at FPL Solar Power Farm 05/07-06/09 ACADIANA DESTINATION SERVICES, Fort Pierce, Fl. Passenger Bus Driver, vans & cars to and from Airports, Ports, and Private. 07/05-08/07 CEMEX, Fort Pierce, Fl. Concrete Mixer Driver Delivered ready mix concrete products on-time throughout Treasure Coast Area 08/02-07/05 GULFSTREAM GOODWILL II~TDUSTRIES, INC. West Palm Beach, Fl. production/Vocational Supervisor/ Truck Driver (Straight Truck and Van) Supervised 9 person crew processing products at algreen's Distribution Center in Jupiter, 1 year Picked up and delivered household items such as fianiture ,clothing, etc., 2 years 1998-2002 MARTIN COUNTY PETROLEUM, Palm City, Fl. Tractor Trailer/ Fuel Tanker Driver Calculated gallons of fuel w be loaded Loaded and delivered on and off road diesel fuel, three grades of gasoline and oil products to Customers throughout the Tri-Coumy region. 1997-1998 MARRIOTT DISTRIBUTION SERVICES, Port St. Lucie, Fl. Tractor Trailer Driver (Refrigerated Van) Responsible for the nightly on-time deliveries of frozen, refrigerated and dry good food ~roductss to Restaurants and hospitals throughout the central and southern regions of Florida 1986-1997 RYDER DEDICATED LOGISTICS, INC. Dispatch Supervisor/ Tractor Trailer Driver/ Lead Man, Plant City, Florida 1993-1997 Delivered frown and refrigerated specialty food products to larger grocery chains. As Lead-Man performed office duties including dispatch, scheduled drivers, yard dog duties and Lined-up the backhauLs coming into Florida from interstate division Ryder Dedicated Resources at Flowers Baking Co. Transportation Office Manager, Fort Pierce, Fl. 1991-1993 Scheduled drivers, payroll and billing of a dispatch office that consisted of 12 drivers Drove only when there was a service problem or if there was an added or unscheduled rim. Flowers Baking Co. Tractor Trailer Driver, Fort Pierce, FI. 1986-1991 Delivered baked goods to numerous sales and distribution warehouses throughout the central region of Florida Stanley E. Wogluren NL~NAGEMErTT PROFII,,E `~. POLICY. ADN~ISTRATION, STRATEGIC ~ ORGANIZATIONAL RESPON~fr.rr~e • Management executive with an impressive 18 years of proven experience in delivering competiti~*e quality services for elderly care and special needs business. Experience in working with Local Government Authority and the Voluntary Private Sector. • Impressive experience is social research, policy developanent and implementation for the elderly and special needs clients. Evaluation of policies against targets, consolidation of a~minis~tive functions ('including client confidentiality and. personal records, writing snntial reports and briefing committee). • Proti~' track reconis for developing shategy -these include organi~tion, marketing, new business opport~mitieslnegotistion and problem solving. • Impressive record for budget preparation and achievement of business target • L~npressive reconi of surpassing elderly/special needs customer expectation and satisfaction through cg:ality assurance framework. • Experience in working with Government appointed Registered Inspectors of Assisted Living Homes for the elderly and clie~ with special needs. • Experience is working and iia;cing with Health A-~thority, Primary Health Ca.e Team, General Hear Practitioners, Registered biurses, Psychiatric iVurses, Occupational Health Team, Social 4Vorke:s, Lo~I GOVeFs~menf, Care Managers and Regulation inspectors for policy development, care plans and review. • Initiating the development of Assisted Living homes for the elderly, very frail elderly and special needs clients. • Impressive record for staff recruitment (i.e. care workers, registered nurses, domestic help), training, supervision and orientation. • Experience in managing diverse needs and expectations. • Strong multi-tasking abilities for dealing with different range of situations including combatant clients and the impact of change management. • Impressive leadership qualities that is firmed on team building, training and interpersonal skills. • Thrives on solutions and continuous improvement through evaluation of performance. B. OPERATIONAL RESPONSIBILITIES • Supervising the assessment of elderly care and special needs clients. • Supervising the preparation and review of care plans. • Initiating case conference meetings with nurses, social workers, care workers, relatives, advocates, clie~s, general practitioners and psychiatric nurses. • Supervising staff on appropriate policies for dealing with continence, bed sores, mobility, memory loss and infirnuty as it affects the elderly and special needs. • Reviewing operational policies for service delivery. • Implementing compliance with medication administration. • Recommending changes in mobility aids and adaptation for the elderly and special needs clients. • Supervising the implementation of reality orientation program for elderly clients that are experiencing confusion and loss of memory. • Developing social activities programs in line with care plans for stimulating social interaction and fulfillment_ • Identifying befrienders and advocates for elderly clients that have no relatives or support. • Supervising the preparation of staff rostering. PROFESSIONAL EXPERIENCE Granny NANNIES Port St. Lucie, Florida 2005 to Date Administrator • Responsible for the management of the company; • Developing/reviewing operational strategies, policies and objectives; • Researching needs and demands of existing/potential business related customers; • Complying with Florida Agency for Health Care Administration (AHCA) regulation; • Progressing Human Resource requirements; • Recruiting independent contractors, verifying licenses, certificates, in-service training, criminal history background screening; physicians statement of good health, drug abuse, integrity references; • HIPPA and Emergency Management compliance; • Managing quality assurancelcomplaints; • Financial management accountability; • Customer care. SOUTHWARK COUNCIL (A Local Government Authority that is situated in South London, England) 2005 Revenue & Resources Manager Responsible for the management and achievement of revenue generation targets, resource control and debt recovery. Target setting and review for staff. Policy development and monitoring. Budget preparation and implementation. Liaison between inter-departments and external agencies. Managing staff through recruitment, orientation, supervision, performance appraisal and training, business risk mapping. Addressing customer complaints. Reporting to Executive Board. TOWER HAMLET COUNCIL (A local Government Authority that is situated in East London, England 2004-2005 Assistant Manager Leasehold (Housing Services Directorate) Responsible for developing strategy for income generation and recovery. Achieving corporate goals. Setting and reviewing performance targets for staff. Implementing change management. Implementing solutions for resolving complaint from dissatisfied customers. Developing operation policies. Reporting to Executive Board. ASRA GREATER LONDON HOUSING ASSOCIATION -London, England (An Association that is funded by central Government to develop, provide and manage housing for people with special needs.) 2003-2004 Housing Services Manager Responsible for managing the Associations income generation policy. Development and identification of new business opportunities. Addressing complaints from diverse customers. Maintaining confidentiality. SALVATION ARMY HOUSING ASSOCIATION -London, England (A Christian organization that is funded by central Government to develop, provide and manage housing for people with special needs) 2001-2003 Acting Director Housing Services Head of Housing Management Responsible for directing and implementing the Association's national housing services for people with special needs and provision of care and support for the elderly. Produced corporate strategy and set targets in line with mission statement. Implemented total Quality Management tool for achieving effective and efficient service delivery. This enabled the identification of the Association's strength, weakness, opportunities and threats. Empowered customers through the production of "Rights Charter". Implemented effective Quality Assurance strategy by addressing complaints promptly and monitoring trends and customer satisfaction. Promoted the Associations profile within the sector. Identifying and developing special needs and elderly care business opportunities. Liaised with Social Services (including occupation health, social workers, and case managers) health Authorities, hospitals and doctors for conducting client assessments, producing caze plans and reviews, case conferences and negotia#ion of care contracts. Produced operational policies for assisted living. Recruited, oriented and appraised staff. Set salaries and budgets. Developed and implements inclusive policies that are sensitive to the needs of customers and staff that are .physically disabled. Brenda A. Woghiren EXPERIENCE PROFILE • 20 years experience as an Administrative Assistant/Legal Secretary; • Competently applies own initiative; • Team involvement and collective achievement; • Result and target driven • Successfully dealing with complaints/monitoring feedback; • Calm and rational in time of deadline, crisis and emergency; • Strong awareness of diversity; • Proven counseling skills for supporting those in need; • Proven bookkeeping skills and tack record including office budgetary reconciliation; • Excellent oral and written communication ability; • Strong interpersonal skills; • Strong organizational skills; • 90 wpm typing speed; • Proficient use of Microsoft Word, Powerpoint, Excel, Quickbooks, Generations RESPONSIBILITIES Alternate Administrator Granny NANNIES, Port St. Lucie, FL 2005 -Present • Responsible for the management of the company; • Developing/reviewing operational policies and objectives; • Complying with Florida Agency for Health Care Administration (AHCA) regulation; • Recruiting independent contractors, verifying licenses, certificates, in- service training, criminal history background screening; physicians statement of good health, drug abuse, integrity references; • HIPPA and Emergency Management compliance; • Managing quality assurance/complaints; • Financial management accountability; • Customer care. Legal Secretary/Assistant to Head of Commercial Litigation Department White & Case, London, England 2000 - 2005 • Coordinated the attorney's calendar for meetings, seminars and court appearances; • Transcription and filing with the Court of all legal documents; • Transcription of all correspondence; • Generated client invoices; • Indexing and filing of all legal documents; • Handled all clerical aspects of the client's file from inception to trial. Legal Secretary/Assistant to Partner Soloff & Zervanos, P.C., Philadelphia, PA 1995 - 1999 • .Coordinated the attorney's calendar for meetings, seminars and court appearances; • Scheduled depositions; • Transcription and filing with the Court of all legal documents; • Transcription of all correspondence; • Generated client invoices; • Indexing and filing of alI legal documents; • Handled all clerical aspects of the client's file from inception to trial. Office Manager/Legal Secretary to Managing Partner Fitzpatrick and Tanker, P.C., Philadelphia, PA 1992 - 1995 • Management of support star; • Tracking vacation/sickness records of support staff; • Coordination of temporary support staff for distribution of overflow work when required; • Preparation of payroll and payroll taxes, income and expenditures, reconciliation of bank accounts; • Maintained office equipment and office supplies; • Tracked attorneys billable hours • Generated client invoices. Legal Secretary/Assistant to Partner and Associate Attorney Abraham, Pressman & Bauer, P.C., Philadelphia, PA 1986 -1992 • .Coordinated the attorney's calendar for meetings, seminars and court appearances; • Scheduled depositions; • Transcription and filing with the Court of all legal documents; • Transcription of all correspondence; • Generated client invoices; • Indexing and filing of all legal documents; • Handled all clerical aspects of the client's file from inception to trial. REFERENCES AVAILABLE .UPON REQUEST Answer to Question 15 15. On a separate sheet please provide a justification for your application. Any relevant support documentation should be attached such as area survey you may,have conducted, growth studies, population studies, needs assessment. ANSWER: Justification The justification for our application stems from our primary business objective which is aimed at providing services that complements the changing demand and needs of our current and potential customers, that prefer to use a licensed nurse registry to provide a combination of both care and non-emergency transportation for them. These customers range from the elderly, couples or individuals with special needs. Since 2006 Granny NANNIES staff have been monitoring and analyzing the various requests for services from our past, current and potential customers. The conclusion from the analysis of our survey revealed that inquires are looking for assistance that combines both home health care and non-emergency transportation services. These customers are predominantly the elderly, couples or individuals with special needs that specifically prefer a licensed nurse registry that engages certified nursing assistants or home health aide level of care to provide them with their required services. Our analysis also revealed that some of our clients and potentia! customers preferred escorts that are trained and certified to pick them up from home and guide them through appointments, assist them with their health necessities and then return them safely to their home. Some customers also request for further assistance after they have been transported home. This assistance range from after discharge medication administration, wound treatment, bed bath or shower. Survey Result From our telephone survey (see result Appendix 1} that was conducted with respondents from the counties or St. Lucie, Martin and Indian River. St. Lucie county appears to reflect a growing need and demand for combined home care and non-emergency transportation services. Equally of importance in the trends from the demographic surveys that were conducted by ePodunk, Bureau of Economic & Business research as well as US Census Bureau in 2000, 2005 and 2010 respectively reveal a growth in population particularly in St. Lucie County. For example the projected estimated population by age in 2009 is (see below}. This trend represents almost 45% of St. Lucie County population that are potential customers. Total Population and Growth Projection 2009 284,606 Total Population 50 - 59 40,294 14.2°~ 60+ 82,011 28.8% Of interest is the number of potential customers that could use and benefit from our services. These are single people that live alone. US Census Bureau in 2000 established that St. Lucie had 12.40% of its households that were in the age group 65 and older that lived alone. The Bureau also estimated in its 2000 survey that St. Lucie County had 45,066 persons from age group 5 plus that were disabled. These are potential customers within this group that are wheelchair bound that are striving to improve upon their independence. They need a certified escort that would provide them with their non-emergency transportation requirement particularly during and after admission/discharge situations. Whilst the demand for services dropped slightly in 2009 as a result of the economic situation, our existing and potential customers appeared to be more concerned about their disposable income and affordability. They were inquiring, as well as, comparing .costs or services. They were also spending prolonged periods in consultation with their respective family members or loved ones before deciding to take up services. Affordability as well as the inclusion of a CNA/HHA and driver escort were and still are the main motivating factors that customers are demanding. St. Lucie county demographics reflect a growing elderly population. Granny NANNIES -has and still is contributing to the quality of life for the county's elderly. population by providing quality services that complement the changing need and demand of this age group..Granny NANNIES also recognizes that access to quality affordable transportation is often the major factor that allows seniors to live independently in their own home. It is the connection to vital activities such as going to a doctor appointment, grocery shopping, visiting family and friends and social clubs. Our escort caregivers who are trained and certified to pick up the clients at home, guide them through appointments, admission/discharge and return them home safely. Appendix 1 TELEPHONE INQUIRY SURVEY RESULTS FROM 2007 Total clients surveyed Total female surveyed Total male surveyed Total special needs clients surveyed Couples (Elderly) Counties -Total Respondent St. Lucie Martin Indian River Total Demosraphic Profile 42 18 10 3 11 20 10 12 42 Summary of need and demand requests 20 - 30 -Mainly special needs -wheelchair bound -Prefer CNA trained/certified/escort/driver. -health issues requiring assistance/supervision, transfers. -doctors appt./library 50 - 80 -admission/discharge related/mobility and wheelchair bound assistance. -CNA, HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring, supervision, social, personal appt. and engagements. 80 and above -elderly/frail elderly -mobility/wheelchair bound -admission/discharge, care and support. -CNA/HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring/supervision, social/personal, appts./engagement. Appendix 1 TELEPHONE INQUIRY SURVEY RESULTS 2008 Total clients surveyed Total female surveyed Total male surveyed Total special needs clients surveyed Couples (Elderly) Counties -Total Respondent St. Lucie Martin Indian River Total Demosraahic Profile 80 50 20 4 6 40 25 15 80 Summary of need and demand requests 20 - 30 -Mainly special needs -wheelchair bound -Prefer CNA trained/certified/escort/driver. -health issues requiring assistance/supervision, transfers. -doctors appt./library 50 - 80 -admission/discharge related/mobility and wheelchair bound assistance. -CNA, HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring, supervision, social, personal appt. and engagements. 80 and above -elderly/frail elderly -mobility/wheelchair bound -admission/discharge, care and support. -CNA/HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring/supervision, social/personal, appts./engagement. Appendix 1 TELEPHONE INQUIRY SURVEY RESULTS 2009 Total clients surveyed Total female surveyed Total male surveyed Total special needs clients surveyed Couples (Elderly) Counties -Total Respondent St. Lucie Martin Indian River Total Demoeraahic Profile 64 36 17 3 8 29 25 10 64 Summary of need and demand requests 20 - 30 -Mainly special needs -wheelchair bound -Prefer CNA trained/certified/escort/driver. -health issues requiring assistance/supervision, transfers. -doctors appt./library 50 - 80 -admission/discharge related/mobility and wheelchair bound assistance. -CNA, HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring, supervision, social, personal appt. and engagements. 80 and above -elderly/frail elderly -mobility/wheelchair bound -admission/discharge, care and support. -CNA/HHA trained certified escort/driver. -assistance with doctor/hospital appointment, medication administration, bed bath/shower care, transferring/supervision, social/personal, appts./engagement. TELEPHONE SURVEY RESULTS BREAKDOWN OF COUNTIES DEMOGRAPHIC PROFILE SERVICE INQUIRIES 2007 - 2009 2007 COUNTIES AGE GROUP 20 - 30 50 - 80 80 -Plus St. Lucie 4 6 10 Martin 2 2 6 Indian River 2 3 7 2008 COUNTIES AGE GROUP 20 - 30 50 - 80 80 -Plus St. Lucie 4 16 20 Martin 3 10 12 Indian River 3 5 7 2009 COUNTIES AGE GROUP 20 - 30 50 - 80 80 -Plus St. Lucie 3 10 16 Martin 3 9 5 Indian River 2 2 4 Motivation Need/Demand • Affordability 10096 • Use of certified CNA/HHA & Driver Escort 9596 AHCA: Background Screening `~~ Agency for Health Care Administration Background Screening Section 2727 Mahan Drive Bldg. 3, Mail Stop #40 Tallahassee, FL 32308 Page 1 of 1 Friday, January 22, 2010 Agency for Health Care Administration -Background Screening Search Results Name: Date of Birth: Race: Sex: Screening Result CLASS 1 -ELIGIBLE CLASS Z -ELIGIBLE Personal Information: STANLEY WOGHIREN 07/08/1957 B M Date 01/21/10 04/24/06 AHCA: Background Screening `~~ Agency for Health Care Administration Background Screening Section 2727 Mahan Drive Bldg. 3, Mail Stop #40 Tallahassee, FL 32308 Page 1 of 1 Friday, January 22, 2010 Agency for Heatth Care Administration -Background Screening Search Results Name: Date of Birth: Race: Sex: Screening Result CLASS 1 -ELIGIBLE CLASS 2 -ELIGIBLE Personal Information: BRENDA ANNETTE WOGHIREN 05/14/1962 B F Date 01/21/10 04/24/06 AHCA: Background Screening Agency for Health Care Administration Background Screening Section 2727 Mahan Drive Bldg. 3, Mail Stop #40 Tallahassee, FL 32308 Page 1 of 1 Friday, January 22, 2010 Agency for Health Care Administration -Background Screening Search Results Name: Date of Birth: Race: Sex: Screening Result CLASS 1 -ELIGIBLE Pe rso n a I Information VINCENT CUTENESE 04/10/1956 W M Date 01/21/10 AGENDA REQUEST C O L[ iVT Y >F t O R t I~ R CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B- 5 DATE: September 28, 2010 REGULAR [] PUBLIC HEARING [] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Interlocal Agreement -TCERDA Utility Improvements BACKGROUND: See attached memorandum FUNDS AVAILABLE: 316-3716-564000-093610-Capital Infrastructure PREVIOUS ACTION: RECOMMENDATION: Stuff recommends that the Board approve the Interlocal Agreement with the proposed amendment to Paragraph 5C and authorize the Chairman to sign the Interlocal Agreement. Staff also recommends that the Board approve the amended Interlocal Agreement as an Exhibit to the previously approved Interlocal Agreement with the City of Fort Pierce, FPVA, the County and TCERDA pertaining to annexation to the Research Park. COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Q, County Attorney: ~'~ Daniel 5. McIntyre Originating Dept. CONCURRENCE: ~1-t - _~ Faye W. Outlaw, MPA County Administrator Review and Approvals Management & Budget U~~h~ttgr, Public Works Dir: _ ~`'~ >~" 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.: 10-1187 DATE: September 14, 2010 SUBJECT: Interlocal Agreement -TCERDA Utility Improvements BACKGROUND: Attached is a proposed Interlocal Agreement between the County, Fort Pierce Utilities Authority (FPUA) and the Treasure Coast Research and Development Authority. The Interlocal Agreement pertains to additional utility infrastructure needed to support the TCERDA master planned facilities. Under the terms of the Agreement, FPUA will design and construct water and wastewater improvements needed to support TCERDA master planned facilities. The proposed water improvements consist of approximately 5,300 lineal feet of 12 inch water main in Rock Road from Pruitt Research Road to Okeechobee Road. The proposed wastewater improvements consist of approximately 5,400 lineal feet of 8 inch force main in Rock Road or in a new proposed road. Under the terms of the Agreement, the County is responsible for paying all contractors costs and easement acquisition costs associated with the construction of the project. The estimated cost of the water improvements is $373,000.00 and the estimated cost of the wastewater improvements is $422,000.00 for a total amount of $725,000.00. Funding is available in Account Number 316-3716-564000-093610 - Capital Infrastructure. FPUA is responsible for designing and permitting the project and completing construction of the pro ject within 180 days from receipt of funds from the County. County staff recommends that Paragraph 5C be revised as follows: C. TCERDA or the COUNTY may require its consultants to review and provide comments on FPUA's construction plans and may also review the work performed by FPUA's contractors during construction_ Any delays or additional costs caused by such review are their sole responsibility unless such review discloses error or omissions. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the Interlocal Agreement with the proposed amendment to Paragraph 5C and authorize the Chairman to sign the Interlocal Agreement. Staff also recommends that the Board approve the amended Interlocal Agreement as an Exhibit to the previously approved Interlocal Agreement with the City of Fort Pierce, FPUA, the County and TCERDA pertaining to annexation of the Research Park. ully submitted Daniel 5. Mc County Attoi DSM/caf Attachment INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY, TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY AND FORT PIERCE UTILITIES AUTHORITY (TCERDA UTILITY IMPROVEMENTS) THIS AGREEMENT made and entered into this day of , 2010, by and between ST. LUCIE COUNTY ("COUNTY"),apolitical subdivision of the State of Florida, TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY ("TCERDA"), n research and development authority designated under Chapter 159, Part V, Florida Statutes, and FORT PIERCE UTILITIES AUTHORITY ("FPUA"), a utility authority created as a part of the government of the City of Fort Pierce, Florida under the Charter of the City of Fort Pierce, hereinafter referred to as "the PARTIES". WHEREAS, COUNTY and TCERDA require additional utility infrastructure to support the TCERDA muster plnnned facilities located in the vicinity of Rock Road and Picos Road as shown on the attached map; and, WHEREAS, COUNTY and TCERDA desire FPUA to design and construct the Water System and Wastewater System Improvements necessary to support the TCERDA master plnnned facilities at the Research Pnrk, hereinafter referred to as "PROJECT"; and, WHEREAS, COUNTY, CITY, FPUA, and TCERDA entered into an Interlocal Agreement dated June 1, 2010, regarding annexation and development of the TCERDA master planned facilities (the "CITY Interlocal Agreement"). WHEREAS, the PARTIES desire to enter into this Interlocal Agreement to provide for the design, permitting, inspection, and construction of the PROJECT. 1 NOW, THEREFORE, the PARTIES hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes and the Florida Interlocnl Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. PROJECT DESCRIPTION. The COUNTY and TCERDA require additional water and wastewater capacity nt the TCERDA Research Park which will require the construction of additional water and sewer facilities. The water improvements consist of approximately 5,300 lineal feet of 12-inch water main in Rock Road from Pruitt Research Road to Okeechobee Rond, and the wastewater improvements consist of approximately 5,400 lineal feet of 8-inch force main in Rock Road or in a new TCERDA master plan road east of Rock Road from Picos Road to Orange Avenue, (collectively "the PROJECT"). A. Service Contingencx - The COUNTY understands that at the execution of this Agreement, the FPUA wastewater system has capacity available for initial service a total of 100 Equivalent Residential Connections (ERC). FPUA will make this capacity available to the COUNTY, but no capacity is reserved until Capital Improvement Charges are paid. The capacity available is not guaranteed but will be determined bused on conditions in the existing FPUA wastewater system nt the time of request for connection of developments within the TCERDA Research Park. Build-out capacity for the TCERDA Research Park shall be contingent upon: 1. Construction of approximately 6,700 lineal feet of 16-inch force main along Orange Avenue from Jenkins Road to 39tH Street No further capital backbone system improvements will be required for initial service. 3. COUNTY RESPONSIBILITIES. COUNTY'S responsibilities under this Agreement are as follows: A. COUNTY shall be responsible for all Contractor costs and easement acquisition costs associated with construction of the PROJECT. B. COUNTY shall provide the funds to facilitate the construction of the PROJECT. The estimated construction cost of the water improvements is $373,000 and 2 the estimated construction cost of the wastewater improvements is $422,000. Payment by the COUNTY to FPUA for the full $795,000 shall be due and payable within 30 days prior to the scheduled start of construction. The above costs do not include easement acquisition costs. C. COUNTY shall assist FPUA in obtaining all permits necessary for the PROJECT. D. COUNTY shall review and approve the construction plans prior to the start of construction of the PROJECT. E. No utility connections are proposed under this PROJECT. In the future, the party requesting service shall be responsible for all capital improvement charges for any service connections to the FPUA water and wastewater systems for their developments in the PROJECT area or Research Pnrk. F. Annexation of parcels within the PROJECT shall be in accordance with policies established in the CITY Interlocnl Agreement between St. Lucie County, TCERDA, Fort Pierce Utilities Authority, and the City of Fort Pierce. 4. FPUA RESPONSIBILITIES. FPUA's responsibilities under this Agreement are ns follows: A. FPUA and/or its consultant shall design and permit the PROJECT ns agreed upon by the parties at its sole cost. The design and construction of the PROJECT will be done in accordance with all applicable, standard FPUA policies and procedures. B. FPUA will obtain any permits or easements required for the PROJECT. FPUA will not be required to expend funds for acquisition of easements. C. FPUA will utilize its Unit Price Contractor to facilitate construction of the PROJECT. D. FPUA and/or its contractors will coordinate with COUNTY and TCERDA and complete all construction of the PROJECT within 180 days after the receipt of funds from the COUNTY. E. FPUA shall administer the PROJECT to install the improvements including providing project administration, inspection during construction, shop drawing 3 approvals, change order approvals, project certification, and production of record drawings. F. Upon completion of the PROJECT and acceptance of ownership of the PROJECT by FPUA, FPUA shall be responsible for the operation and maintenance of the facilities. 6. FPUA shall provide a Final Estimated Cost for the construction of the PROJECT to COUNTY for approval. Any unexpected costs incurred during the construction of the PROJECT beyond the Final Estimated Cost shall be the responsibility of COUNTY. Unexpected costs are those costs that could not have been reasonably foreseen by FPUA or its contractors. H. FPUA will refund to COUNTY the funds remaining after the completion of the project within 90 calendar days after completion of construction by the Contractor of the PROJECT. 5. TCERDA RESPONSIBILITIES. TCERDA's responsibilities under this Agreement are ns follows: A. TCERDA shall complete the muster planning process for the PROJECT, including final determination of locations for primary roads and utility corridors and estimates of build out water and wastewater flows. B. If master plan water and wastewater mains are to be located in new master plan roads, TCERDA shall provide FPUA with survey information on the roads including any construction surveying from initial grading of the roads and final design grades of the roads and adjacent right-of -way. C. TERCDA or the COUNTY may require its consultants to review and provide comments on FPUA's construction plans and may also review the work performed by FPUA's contractors during construction any delays or additional costs caused by such review are their sole responsibility. 4 6. MUTUAL AGREEMENT. The PARTIES agree as follows: A. That COUNTY, TCERDA and FPUA will coordinate project design, construction, and construction inspection in a joint effort to insure timely completion of all work. The parties will agree to a PROJECT schedule prior to disbursement of funds. TCERDA or the COUNTY shall have the right to request information on, and conduct a review of, FPUA's construction costs. B. This Agreement shall not be deemed to be for the benefit of any entity or person who is not a party hereof, and neither this Agreement, nor any interest therein, may be assigned without the prior written consent of the non-assigning party. C. This Agreement shall not become effective until and unless approved by appropriate official action of the governing body of each party and recorded in the public records of St. Lucie County. D. The parties agree that upon the written consent and approval of the PARTIES this Agreement may be amended in the future to provide for the installation of additional utilities to benefit the Research Park. 7. TERMINATION. Either the COUNTY or FPUA may terminate this Agreement upon sixty (60) days prior written notice to the other party provided, however, that the COUNTY'S right to reimbursement for monies advanced to FPUA for the PROJECT, less any outstanding payments due to the Contractor for materials purchased or work completed up to the time of termination, shall survive any termination. 8. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified moil return receipt requested and addressed as follows: If to COUNTY: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 And If to TCERDA Executive Director Treasure Coast Education, Research, and Development Authority With n copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With n copy to: Robert I. MacLnren, II, Esquire Osborne & Osborne 798 South Federal Highway 5 2199 South Rock Road Fort Pierce, Floridn 34945 If to FPUA: Utilities Director Fort Pierce Utilities Authority 113 N. 2"d Street Fort Pierce, Florida 34950 Boca Raton, FL 33434-6114 W ith n copy to FPUA Attorney P.O. Box 3191 Fort Pierce, Florida 34948 9. INDEMNIFICATION. Each Party is responsible for all personal injury and property damage to the extent attributable to the negligent acts or omissions of that Party and the officers, employees, and agents thereof. Nothing herein shall be construed as nn indemnity or a waiver of sovereign immunity enjoyed by any Party hereto, as provided in Section 768.28, Floridn Statutes, as amended from time to time, or any other law providing limitations on claims. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by n written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted ns a whole unit. All interpretations shall be governed by the laws of the State of Floridn. 11. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes, prior to becoming effective. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. THE NEXT PAGE IS THE SIGNATURE PAGE 6 v ATTEST: Deputy Clerk ATTEST: Secretory ATTEST: Secretory BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Choir APPROVED AS TO FORM AND LEGAL CORRECTNESS: BY: County Attorney FORT PIERCE UTI ES UTHORITY BY: Chairtnnn APPROVED AS TO FORM AND CORRECTNESS: BY: FPUA A orney TREASURE COAST EDUCATION, RESEARCH, AND DEVELOPMENT AUTHORITY BY: Choir APPROVED AS TO FORM AND CORRECTNESS BY: 7 TCERDA Attorney `~ ° = ORANGE AVE D _ J~,a, ~:i~„ k. ' Attachment~to Interlocal Agreement r 12., N i C, Ep F` ~, _- 4„ Y ~ g^' U ~ Q'~(01fp -r N ~ Proposed 8" Sewer Force Main z Y I 4,. PIC OS RD fV 8" (D N 2" GRAHAM RD 2" N ; ~ ~ 8" 2,. ~" ? RESEARCH CENTER RD U ~ Proposed 12" Water Main °° $„ ~~ Legend Proposed Sewer Main 6" Proposed Water Main ^' Existing Sewer Main r Existing Water Main / / ~ Rock Road Utility Improvements ., HOBEE RO Fort Pierce Utilities Authority treet~34950)nn9 ~o Wa113No 6 KEEC P OnBox O . a.. Date: 9/2/2010 Fort Pierce, Florida 34950 AGENDA REQUEST DATE: September 28, 2010 REGULAR [ ] PUBLIC HEARING Leg. (]Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Cedar Creek Engineering Orange Avenue -Monitoring Wells BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A ITEM NO. VI-B- 6 PRESENTED BY: JoAnn Riley Property Acquisition Manager PREVIOUS ACTION: October 21, 2008 -Cedar Creek Engineering was granted permission by the Board of County Commissioners to install monitoring wells in Orange Avenue right-of-way. October 20, 2009 -Cedar Creek Engineering was granted permission by the Board of County Commissioners to install two (2) additional wells and 22 temporary injection points for microbes for bio-remediation in the right-of-way of Orange Avenue. May 18, 2010 -Cedar Creek Engineering was granted permission by the Board of County Commissioners to install three (3) additional wells in the right-of-way of Orange Avenue. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~ APPROVED [' j OTHER [ ]DENIED Approved 5.0 Review and Approvals <~~ (x) County Attorney: C Daniel McIntyre [x) Originating Dept: SMR- JoAnn Riley [x] Road and Brid Don Pauley /'j [x] Engineering: /~V Mike Powle~ CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x) Public Works: ~' Don West PROPERTY ACQUISITION DIVISION 1VIEIVIORANDUIVI TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 28, 2010 SUBJECT: Revocable License Agreement Cedar Creek Engineering Orange Avenue -Monitoring Wells BACKGROUND: On October 25, 2003 there was a traffic accident and liquid fertilizer, diesel fuel and motor oil was spilt at or near 12661 Orange Avenue. This material constitutes hazardous substances and/or pollutants which were released into the soil and groundwater. The purpose of the monitoring wells is to determine if the release of liquid fertilizer and diesel fuel that occurred on October 25, 2003, poses a threat to the drinking water quality in the surrounding area. There is a Final Judgment between the Florida Department of Environmental Protection and Charles Barney Trucking that states Charles Barney Trucking needs to comply with all environmental requirements to clean up the spill. The Board of County Commissioners granted Cedar Creek Engineering permission on October 21, 2008 to install 3 to 5 monitoring wells in the right-of-way of Orange Avenue and October 20, 2009 an additional 2 wells and 22 temporary inject points, which have been removed. On May 18, 2010, the Board of County Commissioners approved 3 additional monitoring wells and a pump test site. This request is to install 2 monitoring wells and 2 infiltration galleries as shown in Exhibit 1. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, ~1n~~I . nn Riley Property Acquisition Manager DISCLAIMER St. Lude County makes ne warranty, represerrtatron or guaranty as to the content, sequence. accuracy, timeliness, or wmple[eness of any of the geotlata informaton provided herein. The reader should not rely on the data provided herein for any reason. St Luue County explicitly Aisclaims any representations and warranties, including. without limitation, Me implietl warranties of merchantability and fitness for a particular purpose. St. Lucie County snail assume rKi liability for: 1. Any enors, omissions. or inaccuracies in the information provided regardless of how causetl. or 2. Any deasion made or action taken or not taken by any person in reliance upon any information or tlata furnished hereuntler. DISCLAIMER St Luae County makes ro warranty, represernalion or guararny as to [he mrnern, sequence, accuracy, timeliness, or completeness of any of me geodata irnpnrlation provitletl herein. The reader should not rely on the data provitletl herein for any reason. SL Luae County explicf[ry tlisclaims any representations and warranties, inclWirg, without limitation, the implied warranties of mercharnabildy antl fitness for a particular purpose. SG Lucie Coumy shall assume ro liabildy for 1. Any ertors, omissgns, or inaccurades in the infortnatlon provided regardless of trove caused: or 2. Any deasion matle or action taken or not taken 6y any person in reliance upon any information or Data fumishetl hereuntler m lf~ N N N c~ L u~~oN i ~ ~~ +~ I { N ~ ~ ~ O ~' ` 6~ -v I ~'- I i ~ ~ ~ ~ ~ ~ - Q ~ ~ ~ a~ a' ~~ ~ o ~ ~ L'~ Q> ~ ~ ~ ~ N - O o ~ LtJ ~ -Q ~ ~ N iL ~ i .waon O ~ ~ _ ~ ;; o ~ u m o 0 m I ~ ~ I f - x aqua} x - i ~t ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ /~t?M2~lap U N ~ N I IN ~ Q~ ~ ~ I ~ ~ U I ~ ~ U O z ~ _ ~ ~ - _ [\ N ~ --- N ~ -••- ~ ~ ~ ~ L U -u - ~ S I B ~' ~ ~ s N O ~ ~ w I { ~- ~ I ~ ~ N I I ~ I ~ ~ ~ ~ ~~ uJ N i Q ` N u..~ ~ U ~ 6' ~ ~/ W ~ - I >,I ~ L ~ W ~ ~ ~ 3. 0 L o ~I ~ ~~ ~ ~ ~I ml N UJ ~ ~ .,' I { ~ W U~ ~ 1 ~`~~'`lt~l 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, 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (the "County") and CEDAR CREEK ENGINEERING, 325 A Tierney Way, Winchester, KY 40391 ("CEDAR CREEK"). WHEREAS, the County is the owner of the property described as: THAT PORTION OF A COUNTY ROAD RIGHT-OF-WAY, KNOWN AS ORANGE AVENUE, LYING IN SECTION 08, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. Near Parcel #2308-421-0003-000/5 WHEREAS, "CEDAR CREEK" requests to install two (2) infiltration galleries and two wells within the infiltration galleries in the right-of-way of Orange Avenue near address 12661 Orange Ave. The proposed wells will be located within the right-of-way of Orange Avenue. See Exhibit "1 ". WHEREAS, "CEDAR CREEK" will install 2 new wells and 2 infiltration galleries in the right-of-way of Orange Avenue. The wells within the infiltration galleries wil! be at a depth of 25 ft. WHEREAS, the County has agreed to allow the installation of 2 new wells and 2 infiltration galleries subject to the terms and conditions set forth in this limited Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant "CEDAR CREEK" a limited Revocable License Agreement for the purpose of installing 2 wells and 2 infiltration galleries as indicated on the attached Exhibit "1". This license shall extend only to the above-referenced locations (Exhibit 1) and shall not extend to the construction and/or installation of any other structures. 2. This license shall be binding on future successors and assignees of "CEDAR CREEK". "CEDAR CREEK" agrees to provide the County with notice of any change in ownership pursuant to Paragraph seven (7) of this Agreement. 3. The County shall have the right, at the discretion of the County Engineer or the Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at "CEDAR CREEK's" sole expense upon thirty (30) days written notice to "CEDAR CREEK". The County Engineer or Road and Bridge Manager may, in lieu of termination, request that "CEDAR CREEK" perform certain alterations to the monitoring wells at "CEDAR CREEK'S" sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. "CEDAR CREEK" shall, at all times, maintain the wells locations so as not to be a detriment to the traveling public, and any damage to the right-of-way, pavement, or roadbed during installation or maintenance operations shall be immediately corrected to the satisfaction of the County Engineer or Road and Bridge Manager. 4. "CEDAR CREEK" shall construct the wells in accordance with all applicable building and highway codes and safety regulations of the County and State of Florida, and shall be maintained solely at the expense of "CEDAR CREEK". 5. "CEDAR CREEK" agrees to allow County employees access to the location of the monitoring wells for County purposes as determined by the County Engineer. 6. "CEDAR CREEK" agrees to provide copies of the results of the sampling of the monitoring wells located in the travelway of Orange Avenue to the County Engineer. 7. All notices, requests 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, addressed to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to: Cedar Creek Engineering, Inc 325 A Tierney Way Winchester, KY 40391 With Copies to: County Attorney Administration Building Annex 2300 Virginia Avenue, 3`~ Floor Fort Pierce, FL 34982 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3`d 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. 8. As consideration for the County agreeing to allow the encroachment of the wells as set forth herein, "CEDAR CREEK" agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above right-of-way by "CEDAR CREEK" or their 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 "CEDAR CREEK's" use of the property. 9. "CEDAR CREEK" shall promptly record this limited Revocable License Agreement in the Official Records of St. Lucie County, Florida. "CEDAR CREEK° shall pay any document excise taxes and the cost of recording this limited Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNT1(, FLORIDA DEPUTY CLERK CHAIRMAN 2 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF F~ cr; d~- COUNTY OF ~+• Luc~~c CEDAR C EK EN By: IT'S rfP~l ERING, INC. The foregoing i jn~strument was acknowledged before me this 13+~ day of S~• , 2010 by P~ K,o~~ AS Pres~d~+ of CEDAR CREEK ENGINEERING iNC. who produced ~~~ ~~~~-e. (type of identification) and who did take an oath. WITNESS my hand and official seal, this 13~'L. day of -~, 2010. My commission expires: ~~~~`" ~ Maria . _ ,~~i~ ° ~. =* : -.~ :* o ;. #DD 832769 :~ c; <'ij~e~lC, STA~~~~~~` ' ~f!!tl1111111~1~ ~~l'v~ a~,~,e_ i nature of Notary Public Name of Notary Public s:~acglwpljanetUicenseagreelorange ave monitoring well 2010Vicenseagreement.docx 3 m N N c~ L O u~~oN i ~ ;~ ~ ~~ 3 N Ip L ~, m 1. ~ ~~ I ~ _ ~ m ~ ~ ~ ~ ~ ~ _ _ ~ ~ ~ -' c c~ a' ~~ ~ o ~ > Q N ~' ~ ~ ~ ~ In N _ O o _ ~ W J s ~ ~ I- ~ ~ ~ N _~ a- ~ ~ .swan O ~ ~ o 0 m ~ i ~~ i ~- x aqua} x - i ~ ~ ~ ,~ ~' ~ ~ t6 m N cq m ~ ~C~Mani,~p U a~ ~ N I I . N ~ Q ~ ~ O I ~ ~ N U ~ I ~ ~ L 0 ~ Z ~ ~ _ N ~ ~ _' ~ ~ ~ ~ o N ~ ~ L~ U - ~ ~ - ~ ~ - ~ ~ W o ~ ~ m N i ~ i N ~ ~ ~ 3Nf WV N - ~ Q ~~ ~ ' ~ j ~ ~ ~ ~ _ ~ ~~ ~ W ~L ~ ~~ ~' ~ O ~ ~ o ~~ s - ~9 ~ ~ ~ ~ ~I ' ~I ~ N u..~~ S ~ c ~ U LLI o~ U~ [CEDAR CREEK ENGINEERING INTRODUCTION This is a Remedial Action Plan Modification report prepared in accordance with Rule 62- 780.700(15)b, F.A.C. for activities performed at 12661 Orange Avenue in Ft. Pierce, Florida. The work was conducted to evaluate methods to augment the existing Remedial Action Plan. The existing plan (20 May 2009) called for the application of nitrogen-utilizing bacteria for the destruction of ammonia in groundwater. Groundwater analyses conducted subsequent to the submittal of the RAP revealed ammonia concentrations greater than previously observed, suggesting that a more aggressive approach may be warranted. To improve the definition of the extent of groundwater contamination and to quantify parameters necessary for design of a groundwater recovery system, three 2-inch monitoring wells and a 6- inch recovery well were installed, groundwater samples were collected from all monitoring wells at the site, and a 12-hour pump test completed. Field work was conducted between 24 May and 28 May 2010. Included here are descriptions of field activities and documentation of results. Attached are groundwater potentiometric surface maps, a map depicting the distribution of ammonia in groundwater, and a map showing the capture zone for the selected pumping rate. Also included are tables summarizing historical soil and groundwater data, as well as results of the pump test. Other attachments include photographs, groundwater sampling logs, well logs, laboratory analytical reports, and the Remedial Action Plan Summary Form [Form 62-780.900(5)]. 325 A Tierney Way • Winchester, Kentucky 4039 • 859-745-4225 • 859-745-422$ Fax CedarCreekEngineering. com Remedial Action Plan Modification i266~ Orange Avenue, Fort Pierce, Florida Page 2 METHODS Well Installation and Groundwater Sampling ~6 July 2oio FDEP Facility ID No. COM_zz9i84 Claim No. P~4629 On 25 May 2010, three monitoring wells and a recovery well were installed at the site. Two-inch monitoring wells MW9 and MW10 were installed to a depth of 12 feet, screened in the 2-10 ft interval, for the purpose of defining the horizontal extent of contamination; two-inch well MW11 was installed to a depth of 30 feet, screened in the bottom 2 feet, for the purpose of defining the vertical extent of contamination; and 6-inch recovery well RW1 was installed to a depth of 23 feet, screened from 3.0 to 23 feet, for use as a groundwater pumping well. Well Completion Reports are included in the attachments; the well locations are shown on Figure 1. Between 24 May and 27 May 2010, all twelve wells at the site were gauged, purged, and sampled. Field monitoring included measurement of pH, temperature, conductivity, DO and turbidity. Samples were sent to Environmental Science Corp. (ESC) of Mt. Juliet, Tennessee for analysis for ammonia nitrogen by Method 350.1, and for nitrate and nitrite by EPA Method 9056. Groundwater gradients from this and several previous monitoring events are depicted on Figures 2 through 5. Analytical results are shown graphically on Figure 6. Tables 1, 2 and 3 provide summaries of soil and groundwater laboratory and field data; groundwater sampling logs are also included in the attachments. Groundwater Hydraulics On 27 May 2010, a 12-hour pump test was conducted at RW1. The purpose of the test was to determine the groundwater removal rate required to capture ammonia-contaminated groundwater. 325 A Tierney Way • Winchester, Kentucky 4039 • 859-745-4225 • 859-745-4228 Fax CedarCreekEngineering. com Remedial Action Plan Modification ~6 July zoo ~z66i Orange Avenue, Fort Pierce, Florida FDEP Facility ID No. COM_zz9i84 Page 3 Ciaim No. P~46zg The test utilized a 1-hp submersible pump, installed in RW1 and pumped continuously at a near-steady rate of 14.9 gpm for a period of 12 hours. RW1 is a 6-inch well, screened with 0.020-slot screen from its bottom depth to a depth of 3 feet. The pump inlet was set at a depth of 19.6 feet. During the period of pumping, the flow rate from the welt was recorded, as were groundwater levels in RW1 and surrounding monitoring wells. Liquid levels were recorded hourly using an electronic liquid level meter accurate to 0.01 feet. The flow rate from the well was recorded using a 1-inch, in-line flow turbine flow meter with totalizer. Water was pumped to a 20,000-gallon frac tank and flow volume was verified by sticking this tank. Analysis of pump test data was accomplished by first curve-fitting drawdown data to a Theis curve to develop estimates of transmissivity and specific yield of the aquifer. These values were then utilized in conjunction with WhAEM2000 (USEPA, 2007) software to determine the pumping rate and drawdown sufficient to control groundwater in the target zone. 3z5 A Tierney Way • Winchester, Kentucky 4039 • $59-745-4225 • 859-745-4zz8 Fax CedarCreekl=ngineering. com Remedial Action Plan Modification i266i Orange Avenue, Fort Pierce, Florida Page 4 RESULTS Well Installation and Groundwater Sampling i6 July 200 FDEP Facility ID No. COM_229~84 Claim No. P~4629 Nitrogen compounds, including ammonia, nitrate and nitrite, remain above closure levels in six wells at the site. Ammonia is the compound found at highest levels. Additionally, in every case where nitrate or nitrite exceeds closure limits, ammonia also does, generally by a substantially greater margin. This suggests that once ammonia has been converted, nitrate and nitrite levels decline readily, and thus the remedial effort is targeted principally at ammonia. The highest concentration of ammonia, 440 mg/L, was measured MW7, a well installed to define the vertical extent of contamination. This well targets the 15-17 foot zone. MW11, another vertical extent well, targeting the 28-30 foot zone, yielded an ammonia concentration of 270 mg/L, demonstrating that the highest levels of contamination remain in the upper level of the aquifer. The shallow aquifer in this region extends to a depth of approximately 90 feet. Local wells draw water from depths of 60 to 75 feet. Following application of microbes and air in December 2009, ammonia levels declined sharply in MW7 and MW8, the two wells yielding the highest contaminant levels. Ammonia in others wells generally increased slightly, possibly due to disturbance of the groundwater by the injection treatment. The average concentration of ammonia declined from 450 mg/L before biotreatment to 255 mg/L, after, or a 43% decline. Based on an estimated 365,000 liter volume of impacted water, this translates to a mass of 157 Ib of ammonia degraded. Ammonia levels, depicted on Figure 6, show that the highest concentrations of ammonia remain centered at the location of the spill origin, with migration predominantly to the east, consistent with groundwater flow direction. 325 A Tierney Way • Winchester, Kentucky 4039 • 859-745-4225 • 859-745-4228 Fax CedarCreekEngineering.com Remedial Action Plan Modification ~6 July 200 ~z66~ Orange Avenue, Fort Pierce, Florida FDEP Facility ID No. COM_zz9i84 Page 5 Claim No. Pi46z9 Groundwater Hydraulics Groundwater surface contours are presented in Figures 2 through 5, representing several different dates on which liquid levels were recorded. Based on surface topography, it is inferred that regional groundwater flow is directed generally to the east; locally, flow patterns are heavily influenced by numerous canals and roadside drainages. While a uniform gradient is not consistently observed at the site, a pattern of flow to the east can be seen on most dates. For use in estimating groundwater capture zones, a gradient of 0.0035 has been used based on the information below. Figure 7 depicts the static water table used for modeling drawdown and hydraulic control by pumping. Pump test results demonstrate that approximately 15 gpm can be sustained by the pumping well for an extended period and that good continuity exists between the pumping well and most other wells on site at distances up to 106 feet. Figure 8 depicts drawdown over time at the various observation wells. Transmissivity and specific yield were determined to average 0.026 ft2/s and 0.012, respectively. Based on a 90 ft aquifer, the hydraulic conductivity is calculated to be 0.00029 ft/s, consistent with published values for clean sand (0.00016 to 0.33 ft/s). 3z5 A Tierney Way • Winchester, Kentucky 4039 • 859-745-4225 • 859-745-4zz8 Fax CedarCreekEngin Bering. com Gradient Data Table Remedial Action Plan Modification ~b July 2oio i266~ Orange Avenue, Fort Pierce, Florida FDEP Facility 1D No. COM_zz9i84 Page 6 Claim No. P~4629 The pumping rate required to control groundwater has been estimated using the software referenced above. Using aquifer parameters derived from pump test data, the software predicts drawdown at specified points in the target area, and generates resulting particle flow lines. The input and results of the analysis are given in Table 4 and in Figure 9. Match curves and other data used to develop these estimates are included in the attachments. The particle flow lines produced by the drawdown resulting from a 10 gpm withdrawal are shown on Figure 9. The flowpaths of particles from various points in the target zone, including the impacted weAs, define the capture zone of the pumping well. Comparison of the capture zone shown in Figure 9 with the ammonia distribution shown in Figure 6 demonstrates that this pumping rate is sufficient to control groundwater throughout the target area. An estimate of the volumetric flow rate of water passing through the impacted area has been calculated from: Q = KiA where: Q =volumetric flow rate (ft3/s) K =hydraulic conductivity (ft/s) i =hydraulic gradient (ft/ft) A =cross-sectional area of target zone (ft2) Using the distance from MW4 to MW9 (107 ft), and assuming a 40 foot impacted aquifer thickness and the hydraulic conductivity and gradient values determined previously, the rate of water passing through the zone between MW4 and MW9 is estimated to be 1.8 gpm. This confirms the specified flow rate of 10 gpm will be sufficient to capture contaminants on site. It is possible that after the system has been operational for some time, it may be determined that a lower flow rate is adequate for the desired purpose. It is noted that the model used does not reflect re-injection of water, and is therefore conservative. 325 A Tierney Way • Winchester, Kentucky 4039 • 859-745-4225 • 859-745-422$ Fax CedarCreekEngineering. com Remedial Action Plan Modification ~6 July 200 iz66~ Orange Avenue, Fort Pierce, Florida FDEP Facility ID No. COM_zz9i84 Page 7 Claim No. P~46z9 UPDATE TO REMEDIAL SYSTEM Based on the results of both groundwater quality and hydraulic testing, it is concluded that an active system to promote biological degradation of ammonia and other nitrogen compounds in groundwater can effectively control impacted groundwater and accelerate the degradation of those compounds. The proposed system will draw water from the center of the impacted area, aerate the water mechanically, amend it with microbes periodically, and reintroduce the water into the subsurface. The proposed system will be simple and will utilize minimal equipment in order to reduce capital and maintenance costs and to improve reliability. A description of the system follows; diagrams depicting the process are included as Figures 10 and 11. Water wi11 be drawn from RW1 at rates of 2 to 10 gpm. The water will be delivered to an equipment building located on an adjacent property. (Note that completion of the work, including installation of the building and trenching, will require permission from two neighboring property owners.) In the building, the water will be passed through an aeration tank and then drain by gravity back to the spill area. There it will infiltrate the subsurface through three infiltration galleries. Liquid level controllers in the infiltration galleries will control pumping such that the liquid levels in the infiltration galleries do not rise above the ground surtace. Microbes will be added periodically to the water being returned to the subsurface. Based on discussions with Maryland Biochemical, the producer of the microbes, it is anticipated that the bacteria populations will persist in the subsurface approximately 90 days. 3z5 A Tierney Way • Winchester, Kentucky 4039 • 859-745-4225 • 859-745-4zz8 Fax CedarCreekEngineering. com Remedial Action Plan Modification ~6 July zoo iz66~ Orange Avenue, Fort Pierce, Florida FDEP Facility ID No. COM_zz9~84 Page 8 Claim No. Pi46zg MONITORING AND CLOSURE Monthly checks of the treatment system would be made to ensure proper operation and monitor the volume of water recycled. The concentration of ammonia in groundwater from the recovery well would be analyzed each month. Dissolved oxygen levels in the system influent and effluent would be monitored in the field. Microbes would be added to the return groundwater every 90 days. All twelve monitoring wells on-site will be sampled on a quarterly basis. Once ammonia, nitrate and nitrite levels were found to be below GCTLs in all wells for two consecutive sampling events, remediation would be deemed complete, and a petition for closure would be made. Once closure is granted, all monitoring wells and remediation equipment would be removed from the site. 325 A Tierney Way • Winchester, Kentucky 4039 • 859-745-4225 • 859-745-4228 Fax CedarCreekEngineering.com I I 0 ~ +~ ~ c o ~ i I I ~ I ~ f L ~ - c~ 3 a~ 0 U N v a~ S U N U L _~ V L N L ~6 V s U Q~ ~ ~ ~ ~ Q O ~~ ~ U ~ ~ ~ ~ N u- o a~ 0 -~ N - ~ ai y ~ ~ 3 ~ ~ m O ~ N N I O U O Z U w 0 wv ~Z U W a} W '~ L ~~ ~ ~~ n~ ~ w W s ~ MW6 MW9 residence ~. ~; ~, ~. ~~ ~~ a; ~, fence ' x-x-x-x- ~ x-x-x-x-x-~ equipment building 0 100 Feet CEDAR CREEK ENGINEERING Winchester, Kentucky Chuck Barney Trucking 1266 I Orange Avenue Fort Pierce, Florida FDEP Facility ID No. COM_229 184 MWfS [remedial System Layout Drawing Date: 12JUL I 0 Drafted by: PR F l g u re ~ ~ Orange Avenue MW3B ~CE~AR Cf~EEK ENGIP~IEERING Pure Science for Clean Water• 3 September 2010 Geetha Selvendran, P.G. Waste Cleanup Section Florida Department of Environmental Protection Southeast District 400 North Congress Avenue, Suite 200 West Palm Beach, FL 33401-2913 RE: Chuck Barney Trucking Incident, 12661 Orange Avenue (SR68) Fort Pierce, St. Lucie County, Florida Carolina Casualty Claim No. P14629 OGC # 06-2365 Dear Ms. Selvendran, As discussed in our telecom 19 August 2010, this correspondence is submitted to provide additional information regarding the remediation plan for the above-referenced project. Specifically, information is provided for the nitrogen-utilizing bacteria, equipment operation, and locations of remediation system facilities. In addition, a monitoring well for the purpose of defining the vertical extent of contamination is specified. To address the potential for short-circuiting by process water, we have modified the original design to include three re-injection wells. Construction details for these wells are provided. Nitrogen-Utilizing Bacteria. Attached to this correspondence please find technical data provided by Maryland Biochemical, the manufacturer of the microbes. These microbes, a blend of nitrosomonas and nitrobacters, were developed by Maryland Biochemical to enhance treatment of high-ammonia wastewater produced in poultry processing operations. We have completed both bench and field testing of these microbes and met with success in those efforts. Complete summaries of the bench test and field test are given in our correspondence of 18 May 2009, and our Remedial Action Report dated 15 January 2010. Nitrosomonas are effective in oxidizing ammonia, while nitrobacters oxidize nitrite. The bacteria function in the pH range of 6.5 to 8.5. Groundwater pH at wells in the target area ranges from 6.4 to 8.8. The recovery well, RW1, exhibits a pH of 7.5, within the optimal range of 7.5 to 8.0. Recommended application rates, designed for wastewater treatment plants, range from 10 to 480 ounces per million gallons, with low doses for domestic wastewater maintenance, and high doses for short-term "shock" of industrial wastewater. 325 A Tierney Way • Winchester, Kentucky 4034 • $59-745-4225 CedarCreekEngineering. com Page 2 Ms. Selvendran 3 September 2010 The one-time field application made at this site previously was approximately 120 pounds of microbes in approximately 900,000 gallons of groundwater, or approximately 2,000 ounces per million gallons. Once the system is under steady operation, applications will be made manually on a monthly basis, at a rate of 1,000 ounces per million gallons. It is anticipated that the system will process from 80,000 to 400,000 gallons of water per month, and thus 80 to 400 ounces (5 to 25 pounds) of microbes will be delivered to the subsurface each month. Equipment Operation. An updated process schematic, Figure 1, is provided in the attachments. The system has been modified from our previous submittal to include three injection wells, one co-located with each infiltration gallery, to allow groundwater to be introduced at depth. The injection wells will be constructed of 2-inch PVC, cased to 20 feet, and screened in the 20 to 25 foot interval, similar to the depth of the recovery well, which terminates at 23 feet. This will ensure movement of processed groundwater through the target zone. By periodically altering the return flow rates to the six sites (3 wells, 3 trenches), many different flow regimes can be established, preventing short-circuit regimes from dominating the circulation process. The system will be equipped with automatic valves controlling flow to each infiltration gallery/well. Each gallery will be equipped with a high level probe, and flow to that location will be stopped in the event water levels rise above fixed maximums. Figure 2 depicts groundwater surface contours and flowlines under conditions which include re- introduction of water at each of three infiltration galleries. The groundwater elevation at the galleries has been estimated based on a volume balance with the volume extracted to produce drawdown in the vicinity of the recovery well. The maximum elevation of the groundwater "mounds" are maintained below surface grade. Figure 3 details the proposed trench configuration and the location of the equipment building. Modifications to this plan may be required by the local property owners or by St. Lucie County. Monitorino Well. MW-12, shown on Figure 3, will be installed close to the center of the plume for the purpose of providing definition of the vertical extent of contamination. It will be constructed of 2-inch PVC, extend to a depth of 50 feet, and be screened in the bottom 2 feet. Thank you for your attention to this project. If you have any questions or concerns, please do not hesitate to call. Sincerely, CEDAR CREEK ENGINEERING, INC. 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N/A REGULAR ( ) PRESENTED BY: Michael Powley, P.E. ,~~~/p County Engineer PREVIOUS ACTION: Board approved the Subdivision Improvement Agreement on July 26, 2005. Board approved the final plat for Palm Breezes Phase I on August 25, 2005. Board approved an Amended Subdivision Improvement Agreement on January 10, 2006. RECOMMENDATION: Board acceptance of: the off-site improvements; the Maintenance Agreement for the off-site improvements; the amended Subdivision Improvement Agreement; the associated partial release of surety, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (x ) CONCURRENCE: G~~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures v ~~. - Finance Daniel McIntyre Originating Dept. (x ) County Surveyor (x ) ~. Dona West ~~~ Ron Harris (x) Sha~ rancis County Engineer (x ) Road & Bridge (x ) ~~~f Michael Powley Don Pauley Palm Breezes Club Phase I partial release conditional acceptance.ag Engineering .Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director 1~~ FROM: Michael Powley, County Engineer rye ~1y ~' DATE: September 28, 2010 SUBJECT: Palm Breezes Club Phase I ITEM NO. VI-CI Background: Palm Breeze Club is located approximately 1.5 miles west of Kings Highway and is situated on the north side of Orange Avenue. Centex Homes, developer of Palm Breezes Club Phase I, was required to construct turn lanes at the project entrance and minor drainage improvements within the Orange Avenue right-of-way. Pursuant to the terms of the Subdivision Improvement Agreement, the developer provided a "Subdivider's Completion Bond" in the amount of $3,359,329.98. On April 7, 2009 Pulte Homes Corporation acquired Centex Corporation together with all of the Centex interest in the Palm Breezes Club development. The necessary documentation confirming this acquisition has been provided. The developer, having satisfactorily completed the road improvements on Orange Avenue, is requesting conditional acceptance of the off-site improvements together with the partial completion of the on-site improvements. Staff has inspected the improvements and reviewed the supporting documentation provided by the Developer's engineer of record (Attachment A). Staff recommends the Board approve the conditional acceptance of the off-site improvements, accept the Maintenance Agreement (Attachment B), accept Amended- Subdivision Improvement Agreement for a time extension and assignment to Pulte Homes Corporation (Attachment C), release the original bond, and accept the new surety in the amount of $488,439.50. Recommendation: Board acceptance of: the off-site improvements; the Maintenance Agreement for the off-site improvements; the amended Subdivision Improvement Agreement; the associated partial release of surety, and authorization for the Chairman to sign documents as approved by the County Attorney. t ~ I (..-~ ~ ' HSQ GROUP, INC. Consulting Engineers • Planners • Transportation 1489 W. Palmetto Park Road, Suite 340 ~i Boca Raton, Florida 33486 (561) 392-0221 Phone • (561) 392-6458 Fax August 27, 2010 Craig Hauschild, P.E. Capital Projects Engineer ST. LUCIE COUNTY -ENGINEERING DIVISION 2300 Virginia Avenue, 2ND Floor Annex, Room 229 Ft. Pierce, FL 34982 RE: Orange Avenue Palm Breezes Club HSQ Project # 0503-21 St. Lucie County permit number: 06-105 Dear Mr. Hauschild: I hereby certify that all of the required project improvements, as identified in the attached improvement agreement have been completed on June 3, 2010 for Orange Avenue at Palm Breezes and that I have inspected the construction incrementally in accordance with the requirements of "Standard Specifications for Public Works Construction, St. Lucie County, Florida" and the Florida Department of Transportation. These improvements conform to the development plans and the standard specifications, with the following deviations: Modification of road section swales and additional drainage inlet. However, these deviations will not result in functional or structural problems, other than routine maintenance based on my evaluation and professional opinion. Certified by, HSQ Group, Inc. ~~ Z7/~~ Jay Huebner, P.E. Florida Registration Number 54615 Z \Projects~2005\0503-21 Palm Breezes\Apphcauons\Certifications\orange ROW certification2 doc Attachment A I ~--J ~-- HSQ GROUP, INC. Consulting Engineers • Planners • Transportation 1489 W. Palmetto Park Road, Suite 340 Boca Raton, Florida 33486 (561) 392-0221 Phone • (561) 392-6458 Fax August 27, 2010 Ron Harris Capital Projects Engineer ST. LUCIE COUNTY -ENGINEERING DIVISION 2300 Virginia Avenue, 2ND Floor Annex, Room 229 Ft. Pierce, FL 34982 RE: Palm Breezes Club -phase 1 certification HSQ Project # 0503-21 Dear Mr. Harris: Please accept this letter as certification of completion of the water, sewer, paving (1St lift only) and drainage for Palm Breezes (aka Morningside) phase 1. We have conducted field observations and found the phase 1 to be constructed in substantial conformance with the approved Civil Engineering drawings. Please find attached a set of as-built drawings for your use. We have addressed your comments and field modifications. Please contact our office if you have any questions or require additional information. Sincerely, HSQ Group, Inc. ~/Z~~la Jay Huebner, Y.E. Florida Registration Number 54615 Principal Z'\Projects\2005\0503-21 Palm Breezes\Correspondence\phaselcertcounty.doc Attachment A MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of , 2010, by and between PULTE HOMES CORPORATION (the "Developer")and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer has completed the construction of drainage improvements and turn lanes within Orange Avenue right of way (the "Improvements") and will convey ownership and maintenance responsibility to the County; and WHEREAS, as n condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in n form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of nt least one (1) year and thirty (30) days from the dote of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of Seventeen Thousand Nine Hundred and Five dollars and Fifty cents ($17,905.50), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and ns more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, HSQ GROUP, INC. dated May 28, 2005. This amount shall be retained for n period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the Improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie county Board of County Commissioners and recommend that the Improvements C:\DOCUMENTS AND SETTINGS\MHUENIKEN\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\AN7TM3UL\MAINTENANCE AGREEMENTPALMBREEZES EXECUTED 9 8 lO.DOC Page 1 Attachment B be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in accordance with requirements established by the County Engineer, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County Engineer will establish a completion date and so notice the Developer that the required security will not be released until all corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. FORFEITURE OF SECURITY. If the Developer fails to satisfactorily correct all deficiencies as directed by the County Engineer, the County shall, upon notice to the Developer, use the security to correct the deficiencies. If the cost, including the cost of staff time, to correct the deficiencies is less than the amount of the security, the County shall refund the balance of the security to the Developer. If the cost to correct the deficiencies is greater than the amount of the security, the Developer shall pay the overage amount to the County within thirty days from receipt of nn invoice from the County. After the thirty-day period, interest shall accrue at the maximum rote allowed by law. 6. NOTICE. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (ns elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Pierce, FL 34982 As to The Developer: Pulte Home Corporation Attn: Michael Hueniken 1400 Indion Creek Parkway Jupiter, FL 33458 Phone: (561) 906-7967 Focsimile: (561) 745-4905 W ith a Copy to St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, 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 C:\DOCUMENTS AND SETTINGS\MHUENIKEN\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\AN7TM3UL\MAINTENANCE AGREEMENTPALMBREEZES EXECUTED 9 8 lO.DOC Poge 2 Attachment B 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. 7. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce its rights in n Florida court of appropriate venue and jurisdiction. 8. INTERPRETATION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted ns a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first written. Pulte Home Corporo~,t~ion- ~. ~~~~~ -e-tc~ ~-~" BY: PRINT: ~~~~ ~uc~uf,~~~ TITLE : LIZ' ~~P~~-~tJT /~•9t~.fI~.S~ ATTEST: BOARD OF COUNTY COMMISSIONERS ST_ LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney C.\DOCUMENTS AND SETTINGS\MHUENIKEN\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\AN7TM3UL\MAINTENANCE AGREEMENTPALMBREEZES EXECUTED 9 8 l0 DOC Page 3 WITNESSES: SECOND AMENDMENT AND ASSIGNMENT TO JULY 26, 2005 SUBDIVISION IMPROVEMENT AGREEMENT C05-07-417 and C06-01-011 THIS SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT, is entered into this _ day of , 2010, by and between PULTE HOMES CORPORATION (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developer has commenced the development of land in St. Lucie County known as Palm Breezes Phase I; and WHEREAS, the Developer proposes to construct certain subdivision improvements to the satisfaction of the County; and WHEREAS, the parties entered into a Subdivision Improvement Agreement, C05-07-417, on July 26, 2005; and WHEREAS, the parties entered into a second Subdivision Improvement Agreement, C06-01-011, on January 10, 2006, which should have been considered a First Amendment to the July 26, 2005, Subdivision Improvement Agreement; and WHEREAS, on April 7, 2009, Pulte Homes Corporation acquired Centex Corporation; and WHEREAS, Pulte Homes has satisfactorily completed the road improvements on Orange Avenue and requests a partial release of the original security, per the Subdivision Improvement Agreement; and WHEREAS, Pulte Homes Corporation now desires to accept assignment of the Subdivision Improvement Agreement as amended; and WHEREAS, the parties now desire to extend the time for completion of required subdivision improvements. NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: Pulte Homes Corporation is now the Developer of Palm Breezes Phase I and accepts assignment of the Subdivision Improvement Agreement as amended. 2 The Developer agrees to complete the Improvements within two years of the date of this Amendment. 3. The County releases the original security of $3,359,329.98 and accepts new security in the amount of $488,439.50 to guarantee completion of the remaining improvements. 3. Except as amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Second Amendment to the Subdivision Improvement Agreement shall be the date on which this Amendment is approved by the Board of County Commissioners. Attachment C ATTEST: DEPUTY CLERK WITNESSES: ~~----- -~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY PULTE HOMES CORP RATION BY: i~~ C~~~ "~ ~~ C~ Print Name: /~Iic fls-~ ~~~~,cli~~.l Title: L.R~~ 7~~'~~r^i~t~'u i /~.9N~/~- Attachment C ITEM NO. VI- Cc2 - - ~ _ -- DATE: 9/28/10 ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ' `1 Don West V'~ , SUBMITTED BY: Public Works Public Works Dir ctor SUBJECT: Bid Waiver and Sole Source Determination BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-546000-300 Equipment Maintenance PREVIOUS ACTION: October 12, 2004 -Board approved bid waiver and sole source. October 4, 2005 -Board approved bid waiver and sole source. September 26, 2006 -Board approved bid waiver and sole source. September 25, 2007 -Board approved bid waiver and sole source. September 23, 2008 -Board approved bid waiver and sole source. October 13, 2009 -Board approved bid waiver and sole source. June 16, 2009 -Board approved bid waiver and sole source to Everglades Equipment RECOMMENDATION: Board approval of bid waiver and sole source determination for the purchase of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo and Samsung, Trekker Tractor, LLC, for Case, Everglades Equipment for John Deere, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder, Lubo, USA, for the construction and demolition recycling equipment, Menzi USA for the Menzi Muck, Great Southern Equipment for Gradall and Econolite Control Products for traffic signal equipment. Authorization for the Chairman to execute contracts as approved by the County Attorney. CONCURRENCE: COMMISSION ACTION: APPROVED ( ) DENIED _ ~~ ( ) OTHER ~ - Approved 5.0 Faye W. Outlaw, MPA County Administrator CoordinationlSianatures Road & Bridge (X) OMB Director (X ) ~~~ Budget Analyst Don Pauley ~!` ~ Marie Gouin :- f; Solid Waste (X) Purchasing (X) `~~~ Ron Roberts Desiree Ciminio :~ COUNTY f L Q R I D A Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Don West ~ - Public Wor Dire~tor DATE: 9/28/2010 SUBJECT: Bid Waiver and Sole Source Determination ITEM NO. VI- ~2 Background: The St. Lucie County Baling and Recycling Facility and the Road & Bridge Division own and operate equipment from Kelly Tractor for Caterpillar, Flagler Equipment Company for Volvo and Samsung, Trekker Tractor, LLC, for Case, Everglades Equipment for John Deere, Sierra International Machinery, LLC, for the baler system, Continental Biomass Industries, Inc for the grinder and LUBO USA for the construction and demolition recycling system, Menzi USA for the Menzi Muck, Great Southern Equipment for Gradall and Econolite Control Products for traffic signal equipment. All of the parts for the equipment are only available from the licensed dealer of the respective equipment. Per Section 8.1(a)(2); of the Purchasing Manual this request is for service contracts for maintenance, repairing, or servicing of existing equipment owned by the County, and therefore qualifies for a bid waiver. Recommendation: Board approval of bid waiver and sole source determination for the purchase of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo and Samsung, Trekker Tractor, LLC, for Case, Everglades Equipment for John Deere, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder, Lubo, USA, for the construction and demolition recycling equipment, Menzi USA for the Menzi Muck, Great Southern Equipment for Gradall and Econolite Control Products for traffic signal equipment. Authorization for the Chairman to execute contracts as approved by the County Attorney. DW:dls Attachment A -Sole Source Forms with letters Attachment A JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A.good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Replacement parts andlor repairs as needed on our John Deere "light" equipment to keep them in good working order. As sole source procurement from (Name of Company}: Everglades Farm Equipment Co., Inc. Contact Name: Mark Bergren Phone: 772-461-5568 The basis for this sole source determination and the reason no other vendor is suitable is: Everglades Farm Equipment Co., Inc, is the sole provider of John Deere "light" equipment parts and service in our loca{ area. DepartmenUDivision _~U~,L~C 5/~,~A~ ~ ~~~D~~ Requested By Na e) Authorized Signature ~v Dats -- -, Note: t. Enter descrfption of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. ~. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved C' ..._--- Mana ement & Budget Director ~~ County Administrator G:fORMS1ISQLE $OURCEl11NT Disapproved ~ ~ 1~ ~~ Date ~ lis /,a Date EVERQLADE$ FAiiM EQUIPMENT CO. 6950 Orange Avenue Ft. Pierco, FL 3x947 Phona: 772-461-5568 Fax: 772-46fi-0735 September 7, 20i 0 Saint Lucie County Attn: Burt Saleeby 2300 Virginia Avenue Fort Pierce, FL 34982 Burt, Tltis letter is to reference your request for a sole distributor status with Saint Lucie Cout-ty for John Deere Equipment. Everglades Farm Equipment has the exclusive territory as a franchise of John Deere for Saint Lucie County. We sell John Deere Lawn and Grounds equipment, John Deere Agricultural equipment (which includes tractors and large mowers), and light construction equipment which John Deere calls Worksite products. We sell parts for all equipment we sell and also provide service for this equipment. We are the closest multi-contracted John Deere dealer to serve al[ of your equipment needs. We are also the closest dealer for Alamo, Rhino, and Bush Hog. All of which the city has purchased from us in the past. We provide parts delivery and in field service calls for the equipment we sell. If you have any further questions please call me at ?72-201-7173. Respe tful~ ~~`~ ark E. Berggreu Sloe A~ancrger l.;'vc>>~~Icrdes Farm Is'quil~me~rt f_'ou~pal~y 1~~n7 i'ier•cc~, !'L 2 JOHN UEEF~E JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: repairs or replacement parts that maybe necessary to keep our Menzi Muck machines !n goon ;ing order. As sole source procurement from (Name of Company): Menzi, USA Contact Name: paui Meadows Phone: X863-603-7979 The basis for this sole source determination and the reason no other vendor is suitable is: Menzi, USA is the sole provider of any and all Menzi Muck equipment parts as well as providing specially trained mechanics for this equipment in the State of Florida. DepartmentlDivision ~uSl_\G WO2.Kra ! ~oA~ ~ ~~'t'~~~ Requested sy not Na e) Authorized Signature ~/~/~~ Date ~ Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department, 5. Attach proposal from vendor with pricing. Approved ~ Management & Budget Director ~~ . County Administrator Disapproved ~ c3 O Date ~/,~-J~ a Date G:FORMSILSOLE SOURCE11lN7 09=Oy-i4;i9:51 ;MenZi USA Sales, Inc. 17724828987 . --f~T.T-T'~Y-~+TfCw--...~;.+~~-V±.+'+•,T.11-/.•7.1 R"PP ,~ ~T^f.7'r~ f.. ~ ~ ~/ .. ~ ~ . ~~'11~1i~~~'~`T~ ~ . ~~a~~c~}'~' September 4, 2010 St. T.ucie County 2100 Virginia Avenue Ft. Pierce, FI. 34982-Sb52 ;863 683 6232 # 2/ 2 IASO Fairbanks Shat [.akelsnd, NI.33RO3 Te1:863•b03-7979 P,-x; A63•G03.7987 ~ ~ .~. . ,Reference: "Sole Source t)istributot•" r• .i (' 1' 1 .~ 1 I ' ~`~, '. ' `~ ~~ ,,'~'•: ' 'This;:ltt~~ W conftim that M~•nzi USA Saks, lne, ie the "Sole Source" diatributur fur ~~~:•_: x;:;~;.~e , '~.: r . u1::~'>~4~i'1~~c~ Excavators, parts and s~xviee and in the Uititcd States. Thu~cc arc tto other . ` <'.: '~ '., ~ ~ : d~elasii,~ps m riorida. ,,. •';~ • • ~' •.'~ ~ ~~; :'~S2iouid you have any questions phase call t -800-247-371;9. S4ncerely, .: 'aul (i. Prebide ~,.n!'; ti !~: t is i.:?'•;Y.4 ~ f~~~i..: 311' i:f~`:~,(•:;~.; v ~~: if„!.Y a.Yi ,; : ~,.~}' Y;"~C'L •,q/te r;`' r: 14.1..: r a. ... ,'V~r .. ."/ir ..~......'i... . .'t: ~.~rl `':.:.; ~~ .. 4 JUSTiFlCATION FOR SOLE SOURCE PROCUREiNENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sale Source Procurement. A good faith review of available sources- has been made and there is only one source for the required supply, services or construction item. NVe propose to procure the following: lacenient or upgrade parts as needed for our existing systems. As sole source procurement from (Name of Company): Econolite Control Products, Inc. Contact Name; Chris Carline Phone: 904-448-5619 The basis for this sole source determination and the reason no other vendor is suitable is: Econolite is the sole provider and manufacturer of any and all "Econolite" products in the State of Florida. The Saint Lucie County signal system is functioning on all Econolite products. In order to upgrade or replace any of this equipment it must be Econolite. DepartmendDivision Pu~L.tC 1~~~~'Iz~.I~ ~ ~tt~~ Requested By Print N e) Authorized Signature 9~~~d Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved r' Manag ent ~ Budget Director ~~ County Administrator G:t=0RMS11SOLE SOURCE111NT Disapproved r ~~/~/ o Date ~~iS`..,~ia Date 5 =~E~®NOLMTE .~.,.. .....,M ..._.,...».... .. _............. ., ...,,~.. , t'~~il ~l',aiv~~'Vt~:,~i~,N~'~f!;n t;rp't1~1 (.;:1iliFia.111~;~ ._ To: St Lucie County Purchasing Gene Snedeker From: Chris Carline Econolite Control Products, Inc. Date: 09/09/10 Re: Sole Source To whom it may concern, This letter is to verify that Econolite Control Products, Inc. Located at PD Box 550897 Jacksonville, Florida 32255 is the sole provider and manufacturer of any and all, "Econalite" products In the state of Florida. This would include cabinets (T51 and TS2), Controllers, Suitcase Testers, ARIES'" and icons ""software, Autoscope '"'video detection, Econolite Signals, BIU`s, load Switches, Power Supplies and any other products with the Econolite'"' name. This also includes any products or licensing that would be associated with Econolite proprietary products. Example: ARIES'"' software upgrades can only be purchased through Econolite as the software is registered, trademarked and distributed only by Econolite. Econolite is the manufacturer and sole distributor of Autoscope'" products in the United States. If you have any questions concerning this matter, please feel free to contact me at (904) 448-5619. We appreciate the opportunity far your business! VALID UNTIL FURTHER NOTICE Thank You, Chris Carline Econolite Control Products, Inc. South East District Manager P.O. Box 550897 ~ Jacksonville, FL 32255 .Cell: (904) 318-7153 PH: {904) 448-5619 • FAX: (904) 212-1320 • v,,ww.econoiite.com • ccarf ine@econolite.com 6 JUSTIFICATION FOR SOLE- SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following:: Replacement parts andlor repairs as needed on our John Deere "heavy" equipment to keep them in good working order. As sole source procurement from (Name of Company): Nortrax Equipment Co. Contact Name: Kevin. Enke Phone: 813-967-0436 The basis for this sole source determination and the reason no other vendor is suitable is: Nortrax Equipment Co. is the sole provider of John Deere "heavy" equipment parts and service in South Florida. DepartmenUDivision ~i~BI.~G t~~-,5 ~~PL~ ~ Utz-IL~C~~ Requested By Print Na e) Authorized Signature ~1 Date Note: 1. Enter description of goods or services to be procured. 2. [nter name. of sole source contracting. 3. Enter the determination and basis (or sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved (~ ~_'~~ Managem nt 8~ Budget Director ~~ County Administrator Disapproved (' l3 to Date Da e G:FORMS1lSOLE SOURCE111N7 Sep. 4. 2010 i0:3~AM ~T~~4aC September 9, 2010 Debbie Scribner St. Lucie County Road & Bridge 307101eaadcr Ave. Ft. Pierce, FL 34982 No.09$$ P. 2 Dear Debbie, The purpose of this letter is to state that Nortrax Equiprr~ent Co. is tlAe John. Deere Construction and Forestry Equipment Dealer for Central and South Florida. We are the sole source for Jobu Deere Heavy Equipment Parts and Service in St. Lucie County. Sincerely, eve Colangelo General 1Vlaaager NortraY, West Palm Beach Nortrax Equipment Co. SE i.LC 3933 Marlin Luther King Jr. Blvd„ West Palm Beach, FL 33404 phone (56~) 846-6818 X-201 fax {561y 848.7098 JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: aceme.ni parts and/or repairs as needed on our "Gradall" equipment to keep them in gooa ing order. As sole source procurement from (Name of Company}: Great Southern Equipment Co. Contact Name: Ferry Bishop. Phone: 954-327-8808 The basis for this sole source determination and the reason no other vendor is suitable is: Great Southern Equipment Co. is the sole provider of "Gradall" equipment parts and service in 5outn Florida. DepartmentlDivision .~ue~~..~G. {,,s /~OAL7 ~ {~..~-1 DC~ -s-.~ v Requested By int Na ne) Authorized Signature /.~ Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. d. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. __` Approved r Manage ent & Budget Director County Administrator G:FORMSgSOLE SOURCEt\INT Disapproved ~ Date 9/~~-1~~ -----~- Date 4 _ _ _ ;=GS Equlpmeni, Inc ~~ . _ =4501 08ke8 Road•Onvie FI 3331A .~,c:.... ... ~, _~i'H (954) 327.8808•Fax (954) 327-8646 ~, ~_ St. Lucia County Attention: Debbie Schriber Re. Oradall Flydrautic Excavator Sole Source Debbie, as per St. Lucie Counties request the purpose of this letter is to inform you that GS Equipment is the sotr source (3radall Bxcavator da~ler for sates, pans, and service in your geographical azEa. The Davie branch of GS Equipment represents t3rad~11 Excavators In the counties of Monroe, Miami-Dade, Broward, Palm Beach, Martin, SsiAt Lucio, Indian River, and Okeechobee. We iux the Bole source for parts and labor in the territory mentioned above. Thank you for inquiring about the Cmdall Excavator product iinc of equipment If I errs ba of futtlter assistance please do sot hesitate to ca11. Bast regards Terry Bishop l00/l00'd 8088L2£056(XH~) auam~lno3 S9 50=£1 (f1Hl)O102-60-d35 10 JUSTIFICATI~7N FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Icement parts and/or repairs as needed on our John Deere "Itght" equlprnent to keep them in working order. As sole source procurement from (Name of Company): Everglades Farm Equipment Co., Inc. Contact Name; Mark Bergren Phone: 772-461-5568 The basis for this sale source determination and the reason no other vendor is suitable is: Everglades Farm Equipment Co., Inc. is the sole provider of John Deere "tight" equipment parts and service in our local area. Department/Division _~'1~181..\C. ~,5/~~,D ~ '~`j2,~D~~ Requested By Na e) Authorized Signature 9/~,~U Data ~, Note: 1, Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5, Attach proposal from vendor wish pricing. Approved (~ Manage ent & Budget Director _~~ ~ ~~ County Administrator G:FORMSI\SOLE SOURCEUINT Disapproved ~~~~1~~ Date _~~~~ Date ll EV@RGLADES FARM EQUIPMENT CO. 6150 Oiengo Ayenue Ft. Pierce. FL 34947 Phone: 772-461.5568 Fax: 772-466-0735 September 7, 2010 Saint Lucie County Attn: Burt Saleeby 2300 Virginia Avenue Fort Pierce, FL 34982 Burt, This letter is to reference your request for a sole distributor status with Saint Lucie County for John Deere Equipment. Everglades Farm Equipment has the exclusive territory as a franchise of John Deere for Saint Lucie County. We sell John Deere Lawn and Grounds equipment, John Deere Agricultural equipment (which includes tractors and large mowers), and light construction equipment which John Deere calls Worksite products. We sell parts for all equipment we self and also provide service for this equipment. We are the closest. multi-contracted John Deere dealer to serve all .of your equipment needs. We are also the closest dealer for Alamo, Rhino, and Bush Hog. All of which the city has purchased from us in the past. We provide parts delivery and infield service calls for the equipment we sell. If you have any further questions please call me at 772201-7173. Respe tfi111 ~~~~ ~~~ Mark B. Berggren SY1e Manager 11~c~rglades I~ar•»r Egrrij~nren! Cnurpnny I~or•! fierce, I~l ,JOHN DEERE -, JUSTIFICATION FOR. SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: and service. As sole source procurement from (Name of Company): Kefiy'Tractor Contact Name: Ron Roberts Phone: 462-1631 The basis for this sole source determination and the reason no other vendor is suitable is: Kelly Tractor is the only authorized dealer in this region for Caterpillar equipment. This sole source will be used by Solid Waste and Road & Bridge. Department/DiviSlon SOLID WASTE & ROAD & BRIDGE Ron Roberts Requested By (Print Name) •~" Aut I Signature Date Note:. 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved r ~~ Manageme & Budget Director ~~ County Administrator G:FORMSpSOIE SOURCEUINT Disapproved r; ~~/3~> O Date Date i i ' .* Kelly risctor Co. Ssrvlnp the tnda5fry Slrtce 1933 Www.k9llyfrtttor.com September 9, 20 LO St Lade Counfyr Board Of Co~awmissiouers 2300 VhgiulaAvr cost Pierce FL 34982-5652 KeUy'~ox ~ ~ ~~~ ~~~, tkalar i'or Caterpiil>W mac>wlnos, paw, end sezviu for 3t. Lucta County. A,s ao A>QIwr(zed CatetpiUAr diabt-tutor, Ke1ty T}xctor mauunrains nn io~ventory of repleeemeat parts rmd a ~"of filCtory-4ainea t~ntefNUS Oo provldo support aid aorvicas w wets of Csterpitlar products. Although. oa ouasioa„ az2~r porir Repliers eatempt to rspr+esent themselves >m genufno Gtito ~71ar arrppLters, Please know that gettniGp Catotpiilat pam yre sold exciusivoty t]>a+pugh autho~irrd ~Carctpt~ dealers and distributors, If you hati"o arty quastion>t or ooncwns, pletae feel fteo to contact me. SnucercJy, Gary Conklin ' Servjco Manager Kelly Titauor Co. WestPakp BeacL, FL 561-683-1231 ext 130 ~r ~ • ~ • r 8AR EI8 R w>a~R ~' it1t~ O A is B N ~ '~' M4tl8EY ~c+ustau SULL4tti1<. M/uN O+rrL K~4HinONO1 susrNrat•awn ~trtoigi~•Aoia, slo~r,ch ao~ a~r~ '~70q '" a+~'n nvaeo~a orr„sitcMaa~b~ ,~.t: ~«~ia:{~,~ owr.. It ~'' .,{ ~ ~~; sJto sneer • sear a ~~~ v, ~. . {30y ~'~a SA ' 7 r. 4. C -' ~xrp {,sR 1' ~~ PI R s. ~l N~ 1J~ E ODIOIUd DrM . ~rNtt~ir~~ ~p•~• ~ ' t f~. Il. a' ~sso. o ~ r~ .. .~ ~~~~~' GOUNTy;; :;:'~> JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A.good faith review of available sources has been made and.there is only one source for the. required supply, services or construction item. We propose to procure the following: irts and service. As sole source procurement from (Name of Company): Flagier Equipment Contact Name: Ron Roberts ' Phone: .462-1631 The basis for this sole source determination and the reason no other vendor is suitable is: Flagler Equipment is the only authorized dealer in this region for Volvo and Samsung equipment. This sole .source will be used by Solid Waste and Road & Bridge. DepartmenflDivislon SOLID WASTE & ROAD & BRIDGE Ron Roberts Requested. By {Print N e) A orized Signature Date Note: 1. Enter description of goods or services to he procured. 2. Enter name of sole source contracting. 3. Enter the determtnation and basis for sole source procurement. A. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved Managem t & Budget Director ~--. County Administrator ~-, Disapproved ~ ~~'~~l D Date ql~S ~/~ Date G:FORMSIISOLE SOURC[1UNT 45830318 07;48:21 a.m. 09-)0-2010 1/) CDNSTRUCTIt)N EgtJll'IdENT September 09, 2010 St. Lucie County Board of Co)cnty Commissioners Attn: Jim Murphy 2300 Virginia Ave. Ft. Pierce, FL 34982 ItE: Volvo Construction )Equipment To Whom It May Co)~cern: 4700 M.ilienia Bivd. Suite 500 Orlando, FL 32839.6019 Tel (407) 659-8700 fax (407) 659.8720 Please be advised the Ftagter Construction Equipment, LLC is the authorized Volvo Construction )equipment distributor for the State of Florida. As lice authorized distributor Flagter CE is the sole source supplier of genuine Volvo parts for construction and paving equipment including wheel loaders, excavators, graders, pavers, rollers acrd articulated trucks. Parts are sold !o St. Lucie County Solid Waste. FOII our branch in Davie, Florida. Moat parts orders are filled from our stock. Delivery of coon-stock, non-emergency parts is nocrnally made within 72 hours. Emergency pares nom3ally can be delivered overniglri for an overnight delivery charge of five (5%} percent of the purchase price of the part. Also, Ftagler CE is tl)e sole source for trained end certiSed Volvo Construction Equipment technicians. Our current regular time tabor rate is $ 90.00 per hour; travel tune is $ 90.00 per hour; mileage charge $ 2,75 per mile. The overtime charge is S 135.00 pea hour. For additional informatiar on Ftagler CE and Volvo CE, please visit our website at . ~ or give me a cell at the above telephone number. Sincerely, -- ~-: Howard L. McNeal . •Vice~PrdsideittlGustocrter fit ~ pet cc: M. Deuyour-Davie 13ranch JUSTtF1CAT10N FOR SOLE SOURCE PROCURENtENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: its and service. As sole source procurement from (Name of Company): Trekker Tractor, LLC I Contact Name: Ron Roberts ~; Phone: 462-1.631, The basis for this sole source determination and the reason no other vendor is suitable is: I i Trekker Tractor is the only authorized dealer in this region for Case equipment. This sole source will be used by Solid Waste and Rvad & Bridge. i DepartmentlDlViSiOn SOLID WASTE & ROAD & BRIDGE ' Ron Roberts i Requested t3y {Print Name) i Authorized Signature Date i Note: 1. Enter description of goods or services to be procured. 2, Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement, 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved Manageme & Budget Director County Administrator G:FORMSIISOLE 50URCEHINT Disapproved ~ / ~ /~ Date ~/ ~,~ Date GROUP. HeJdi Hansen Market Network Manager September 9, 2010 St. Lucie County 8OGG Attention: Finance Department 2300 Virginia Avenue Fort Pierce, FL 34982 To Whom !t May Concern, ~~~> ~0~~ This is to inform you that Trekker Tracfor, LLC is the sole source of Case construction equipment and is the only authorized dealer for OEM parts and service on Case construction equipment in the Foci Pierce. Florida market. r Sincerely, ~~ ~¢~~~ Heidi Hansen Cass Congluollon Equlpmanl Inc. 821 Slata SUeet Radne, W15J404, U.SA. Plpne (282} 07&8021 Faz (282) 618-0878 Iwldl.hancen~GM.COm wv+w.auce.cam 1R MANUFACTURER'S CERTIFICATION PURSUIT, ADMINIBTRATY'V'E NON PUItBUIT, UTII,[TX VL~IICLES, 'I`RUCKB dt VANB, do OTHKR Y+'LEET RaUIPMENT BID NO. 09.17-0808 'this fs to certify that Trekker ZraCtox, LLC Vendor/Respondent Name) fs authorized to represent CIJH America, LLC - Case Construction (Manufacturer's Name) In the State of Florida. DY= Manufacturer: CM}i America LLC -Case Construction Addre&s: ti21 State Street Ctty, State, Zip: Racine i WI 53402 ____ O[Ilee Phone: 262-636-6021 Mob11e Phone: R.m~; heidi . hansen®cnh. com Sf~nature: TtUe: Network Market Manager ___~_ _....,_ M.fEABS 11i01'Es This certification form must be executed by an authorized employee of the manufacturer ONL.X. Deaierw/Reptrsentativea are not authorized to execute thfa certiflcntion form on behalf of the manufacturer, 1`!to manufacturer must execute this ccrtificatton form even If they arc offering their own products. Failure to submit this certification form with your response as required Shall result in the dlaquaLfication of the response. BID 08-17-0808 553 ~~~. 19 September 9, 2010 Mr. Ron Roberts St. Lucie County Solid Waste 6120 Glades Cut off Road tort pierce, FL 34981 Ucar Ron: This letter is to conf rm that Lubo USA, LLC. is the cxclusivc North American distributor and representative for sales, service and parts for Lubo Screening & Recycling Systems. Sincerely, Erik H. Eenkcma van Dijk Executive Vice president Exclusive US and Coaadian dislribubr of LU80 and Tiiech rerycling equipment Main Office: Lubo USA, LLC • 78 Halloween Blvd., Stamford, CT 06902 • Tel: {203)967-1140 • Fax: (203) 9b7-1199 info®lubousa,com • vvwwlubousa.com Stamford, CT • Chicago, [L • Torrance, CA • Houston, TX • Toronro, Onrorio 20 JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described. below is being procured pursuant #o the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: rts and service. As sole source procurement from (Name of Company): LUBO, USA Contact Name: Ron Roberts ~ Phone: 462-1631 The basis for this sole source determination and the reason no other vendor is suitable is: LOBO, USA is the only authorized dealer far the construction and demolition recycling equipment. DepartmentlDivision sot.,iA WASTE Ran Roberts Requested By rin ame) Aut on d Signature Date Note: 1. Enter descr(ption of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter tfie determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. - Approved (, Manage ent & Budget Director County Administrator G:FORMSIISOLE SOURCEI\INT Disapproved ~ ~~ Oate ~/ ~ ~/~ Date 21 51~RRA INTERNATIONAL MACHINERY l~lC BAL[I~ i LOGGERS 1620 LAST DRUNUAGE IANE {9330'1) ~'ORiABLf: OR STATIONARY P.0 RQX t3~0 DkKENSFIEIO SHLAR i UALEI~ 1 LOGG[RS CALlFORNiA • '33367 FMCPRFSSE SAI.ERS 8 tvIRF`s 6f1-377-70%3 • fAX fifit-32'l~fl759 SERVICE ~k NARTS USA 800-343•ti50:i Seplcmlxr 9, 20l U tit. Lucie County SWA 230(1 Virginia Avc Amiex Fori Piecce, C"I, 34982 Attn: Mr, f8mC5 A. Murphy Reference: Sierra Internatia~ul Machinery LI,C-Soie Source llear Mr. Mlurphy, "Phis correspondence is to confirm that Sierra Jn(eruationat Machinery LI,C is ihc: aulhoriud supplier in North America for Macpresse Isumpa baling machines, pacts supply and service. Sieri~ provides ell services necessary for operators to purchase, operate, maintain and service Macpresse baling end conveying equipment. Airy yucstions regarding sales, parts or service may be directed to the undersigned or to Sierra's Mncpressc sales offic:c; at (817) 337-7I 1 }, Sincerely, ~,> ~ `' ~~~ vu~u f _.~ ............., ..__ - __ ~ Steve Simmons C;cneral Service Manager (80U) 325-9124 >rxt 204 ..........,,.,-. .................._....,.._.,.,..,..,___..,.,~...._...,.., ww~+.slerraiiStlz+a,m , .,...__._._ ,. ,.,..,........._..._......,........,...._............ ~q~ ~ „+ ~ ~~ ,' Y'Y h ~`~ U. S T~~r ~ C r >;. 22 JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuani to the guidelines on' Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: parts and service. As sole source procurement from (Name of Compahy}: Sierra International Machinery Contact Name: Ron Roberts Phone: 462-1631 The basis for this sole source determination and the reason no other vendor is suitable is: Sierra International Machinery is the only authorized dealer for the baling conveyors and equipment. DepartmentlDivision SOLID WASTE Ron Roberts Requested By {Prins Name) ~~... -- Auth zed Signature Date Note: 1. Enter description of goods or services to be procured. 2, Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. b. Attach proposal from vendor with pricing. Approved ~ Managern nt & Budget Director ---"'-Y County Administrator G:FORMSt1501E SOURCEl11NT Disapproved ~ /~ Date ~/ i~-~id Date 23 MANUF'ACTURER'S CERTIFICATION PURSUIT. ADMINI$TRATYV$ NON-PURSUIT. U'.t'ILITY VIrHICLG9, TRUCKS & VANE. do OTHER Y+'LEET B~UII'MENT HID NO. 09.17-0808 Thfa is to certify that Trekker Zraetox, LLC (Vendor/Respondent Name) to authorized to represent CNH America LT,C -Cafe Construction (Manufaeturcr's Name) fn the State of Florida. RY~ Manufacturer: CI3H America LLC -Case Construction Address: 621 State Street Cliy, State, Zip: _ Racine, WI 53402 _____ OtJ1ee Phone: 262-636,6021 Moblte Phone: E-matt: _ heidi . hensen~cnh. com Signature: 'fftie; Network Market Manaq~r ____ W M-EABB 1iT07'Es This eetliftcatlon form must be executed by an authorized employee of the manufaeturer ONLY. Dealers/Reprcaentatlvea am not suthor)zed to execute thts ccrtitfcation forut on behalf of the manufacturer. 1'Ito manufacturer must execute this certiftcadon form tven tf they arc otfertng their own products. Failure to submit this cerWicatlon form with your response as rcqutred shall result >n the dlaquatttlcatfon of the rcepozse. BID 09-17-4908 ,t 553 24 JUSTIFICATION FOR SOLE SOURCE PROCUREMENT .Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: its and service. As sole source procurement from (Name of Compahy): Sierra International Machinery T Contact Name: Ron Roberts Phone: 462-1631 . The basis for this sole source determination and the reason no other vendor is suitable is: International Machinery is the only authorized dealer for the baling conveyors and equipment. Department/Division SOLID WASTE Ron Roberts Requested By (Print Name) -''~ Au~ized Signature Date Note: 1. Enter description of goods or services to be procured. V 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Aitach proposal from vendor with pricing. Approved {~ Managem nt & Budget Director ~~ County Administrator G:FORMS1150LE SOURCEI~INT Disapproved ~ ~~ ~ ~ ~/~ Date ~r,~-~,~ Date 25 ITEM NO. VI-D1 DATE: 9128110 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ron Roberts SUBMITTED BY: Solid Waste Assistant Solid aste Director SUBJECT: CDM Work Authorization No. 2 for Permit Compliance in Years 2010-2015 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-531000-300 Professional Services Fiscal Year 2010-11 PREVIOUS ACTION: April 11, 2010 -Board approved master contract with CDM for engineering services January 1, 2004 -Board approved 2005-2010 agreement for annual permit compliance for $251,550 RECOMMENDATION: Board approval of Camp Dresser 8 McKee (CDM) Work Authorization No. 2 for engineering services to assist Solid Waste with permit compliance for years 2010 through 2015. Scope of services includes annual water quality monitoring, analysis, annual aerial survey, financial responsibility update, biennial water quality report, Title V reporting, and continuing consulting services for a total annual cost of $244,220. COMMISSION ACTION: CONCURRENCE: (~ APPROVED ( ) DENIED ( ) OTHER ~ '--~ ~ ~~ Faye W. Outlaw, MPA Approved 5-0 County Administrator CoordinationlSignatures County Attorney (X) ~~ OMB Director (X) ~ /;~ ~, Budget Analyst ~.;1-- D rna el S. McIntyre Marie Go , i TawonnaJohnson Purchasing (X) I`" 1.~ Public Works (X) ' ~ . Director Melissa Simberlund n West Solid Waste MEMORANDUM TO: Board of County Commissioners FROM: Ron Roberts, Assistant Solid Waste Director DATE: September 28, 2010 SUBJECT: CDM Work Authorization No. 2 for Permit Compliance for Years 2010-2015 ITEM NO. VI-D1 Backs round: In April of 2010, the Board approved a 5-year master agreement with CDM for consulting and professional engineering services. to order to remain compliant with several operating permits, certain actions and conditions must be met. These include, but are not limited to, the following: • Annual aerial survey • Financial assurance • Water quality monitoring and analysis • Biennial water quality report The term of this Work Authorization is October 1, 2010 -September 20, 2015. Recommendation: Board approval of CDM Work Authorization No. 2 for engineering services to assist Solid Waste with permit compliance for years 2010 through 2015. Scope of services includes annual water quality monitoring, analysis, annual aerial survey, financial responsibility update, biennial water quality report, Title V reporting, and continuing consulting services for a total annual cost of $244,220. RR:dls Attachment A -CDM Work Authorization No. 2 ~~ , , , Attachment A WORK AUTHORIZATION NO. 2 CONTRACT C10-02-066 FOR CONTINUING CONSULTING/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 CAMP, DRESSER & MCKEE, INC., hereinafter referred to as the "Engineer". WITNESSETH: WHEREAS, on February 9, 2010, the COUNTY entered into a Consulting Agreement (Contract No. C10-02-066) hereinafter refer-ed to as "Contract" with the ENGINEER to provide continuing professional consulting engineering services; and, WHEREAS, pursuant to the Contract, the ENGINEER 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: BAILING AND RECYCLING FACILITY YEAR ONE THROUGH FNE ANNUAL PERMIT COMPLIANCE (hereinafter referred to as "the Project".) Page 1 of 3 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the ENGINEER in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing Contract (C10-02-066). The services to be provided by ENGINEER on the Project shall be for those services as outlined in the Scope of Services and Schedule attached hereto as ATTACHMENT "A"; and as outlined in the Budget described in ATTACHMENT "B", 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 the total amount of One million one hundred thirty-two thousand one hundred fifty and 00/100 ($1,132,150.00) Dollars as further detailed in ATTACHMENT "B-2". 4. CONTRACT DOCUMENT: Except as amended herein, 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. ENGINEER shall commence work upon receipt of written Notice to Proceed, and shall complete all work as further described in ATTACHMENT "A". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or his designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the ENGINEER, 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 ENGINEER 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 in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 ATTEST: CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CAMP, DRESSER 8~ McKEE, INC. BY: Print Name: Title: Page 3 of 3 ~•~ 1701 Highway A-1 •A, Suite 301 Vero Beach, Florida 32963 tel: 772 231-4301 (ax: 712 231-4332 September 10, 2010 Mr. Ron Roberts Solid Waste Manager St. Lucie County 6120 Glades Cutoff Road Fort Pierce, Florida 34982 Subject: St. Lucie County Baling and Recycling Facility Year Chle Through Five Annual Permit Compliance Dear Mr. Roberts: Camp Dresser & McKee Inc. (CDM) is pleased to submit this proposal for professional engineering services to assist St. Lucie County (SLC) with permit compliance for years 2011 through 2015. The scope of services in this proposal is on a fiscal year basis (October 1 through September 30) and includes the following: ^ Part A: Annual Water Quality Monitoring, Analysis, and Reporting for both the Glades Road Landfill and Fairwinds Golf Course ^ Part B: Annual Aerial Survey and Financial Responsibility Update ^ Part C: Biennial Water Quality Report for the Baling and Recycling Facility ^ Part D: Title V Reporting ^ Part E: Continuing Consulting Services SLC will issue individual purchase orders each year as shown in Attachment B-2. CDM appreciates this opporhinity to continue to help SLC with its solid waste management program. If you have any questions, please don't hesitate to contact us. Sincerely, Approved by: `-'~ l/ , `/ Kevin N. Vann, P.E. Eric J. rotke, P.E., BCEE Project Manager Principal Camp Dresser & McKee Inc. Camp Dresser & McKee Inc. File: 0000-EJGMK-MG.SLC p2sae.aoc consulting ~ engineering • construction • operations ATTACHMENT A ST. LUCIE COUNTY SOLID WASTE DIVISION SCOPE OF SERVICES The scope of services for this project consists of five parts as follows: Part A Annual Water Quality Monitoring, Analysis, and Reporting for both the Baling and Recycling Facility and Fairwinds Golf Course Landfill Part B: Annual Landfill Aerial Survey, Capacity Calculations, and Financial Responsibility Update Part C: Biennial Water Quality Report for the Baling and Recycling Facility Part D: Title V Reporting Part E: Contintung Consulting Services PART A: ANNUAL WATER QUALITY MONITORING, ANALYSIS AND REPORTING To comply with Chapter 62-701.510(9) of the Florida Administrative Code (F.A.C) and specific conditions set forth in the Florida Department of Environmental Protection (FDEP) permits, the Solid Waste Division of St. Lucie County (SLC) will submit water quality reports to FDEP. Camp Dresser & McKee Inc. (CDM) has developed the proposed Scope of Services to assist the Solid Waste Division in preparing these reports. TASK 1.0 BALING AND RECYCLING FACILITY MONITORING AND REPORTING The SLC Baling and Recycling Facility is subject to the monitoring and reporting requirements under FDEP Operations Permit (Permit No. 0126814-012-SC). The following requurements are identified in this permit: A. Groundwater Monitoring and Reporting -all groundwater monitoring wells must be sampled on asemi-annual basis during the months of January and July as specified in Specific Condition No. 9. Analytical results and summary reports for groundwater must be submitted to FDEP semi-annually and no later than 60 days from completion of laboratory analyses, as required by Chapter 62-701.510(9}(a), F.A.C. The following information must be recorded and submitted as part of the semi-annual reports: a. Sampling and analytical methods; b. Method detection limits; c. Applicable water quality standards; d. Storet code numbers; A-1 pzs+e an aaoc. e. Top of Casing (TOC) elevations; f. Water level measurements and groundwater elevations (measured within 1/100th of a foot) prior to sampling; g. Identification and type (background or compliance) of all sampling points; h. Facility name and identification number, sample collection dates, and analysis dates; i. Quality assurance and control notations; An updated groundwater contour map with contours no greater than 1-foot intervals; and, k. Summary of any water quality standards or criteria exceedances including elevations above background levels. B. Leachate Monitoring and Reporting - leachate samples mast be collected from wet wells annually, as specified in Specific Condition No. 18, and results must be submitted concurrently with the groundwater monitoring reports, C, Stormwater Monitoring and Reporting -surface water sampling locations, C96-North and C96-South must be sampled semi-annually (January, July), as specified in Specific Condition No. 19, and results must be submitted concturently with the groundwater monitoring reports. This Scope of Services includes the preparation of the reports as described above using data provided by the laboratory contracted by SLC for sample collection and analysis. If an exceedance of regulatory levels occurs, as identified in the conditions set forth in Permit No. 0126814-012-SC, then additional sampling and analysis will be required and the additional reporting will be performed but biAed tinder a different task. Any additional work required will be billed tinder Part E: Consulting Services related to the Solid Waste System as and when requested by SLC. Collection and analyses of samples are not included. TASK 2.0 FAIRWINDS GOLF COURSE MONITORING AND REPORTING The Fairwinds Golf Course (abandoned North Airport Landfill) is subject to monitoring and reporting regturements under Chapter 62-701.510(9)(a), F.A.C. and FDEP Permit No. 0065429- SF-003. CDM will prepare the October and April semi-annual reports for this closed landfill. The technical reports shall contain those items listed above tinder Groundwater Monitoring and Reporting Requirements. This Scope of Services includes the preparation of the reports as described above using data provided by the laboratory contracted by SLC for sample collection and analysis. If an exceedance of regulatory levels occurs, as identified in the conditions set forth in Permit No. 0065429-SF-003, then additional sampling and analysis will be required and the additional reporting will be performed but billed tinder a different task. Any additional work regtured A-2 ~I2948 at Adocx will be billed under Part E: Consulting Services related to the Solid Waste System as and when requested by SLC. Collection and analyses of samples are not included. PART B: BALING AND RECYCLING FACILITY ANNUAL AERIAL SURVEY AND FINANCIAL RESPONSIBILITY UPDATE TASK 1A BALING AND RECYCLING FACILITY ANNUAL AERIAL SURVEY FDEP requires annual estimates of the remaining life and capacity in cubic yards of the landfill as ftu'ther detailed in Section b2-701.500, F.A.C. To meet this requirement, CDM will have an aerial topographic survey performed on the active Class I and construction and demolition (C&D) debris landfills of the Baling and Recycling Facility. CDM will prepare and submit to FDEP the topographic contour survey and calculated volumes of Class I and C&D debris fill since the previous survey. CDM will review the volumetric modeling and provide an estimated waste density based on the results of the survey and volumetric modeling. (November) TASK 2.0 ESTIMATE ESCROW DEPOSIT REQUIREMENTS CDM will prepare documentation that demonstrates proof of financial assurance for the cost of closing and providing long-term care for the Class I landfill, the C&D debris landfill, and the C&D debris processing facility. This documentation will be submitted for review by SLC. Two copies of the final document will be provided to SLC. CDM will meet with SLC to discuss issues and to provide needed coordination. CDM will also respond to FDEP correspondence regarding financial assurance. CDM will estimate the annual escrow deposit requirements separately for closure and long- term care based on the FDEP approved closure and long-term care cost estimates. (August) TASK 3.0 PREPARE LETTER REPORT CDM will present the results of the preceding tasks in a letter report setting forth all asstunptions, calculations, and findings. (October} PART C: BIENNIAL WATER QUALITY REPORT FOR THE BALING AND BICYCLING FACILITY CDM will prepare and submit a technical report in accordance with Specific Condition 13 and Chapter 62-701.510(9)(a), F.A.C. for the Baling and Recycling Facility based on laboratory data received from SLC. The report is required every 2.5 years during the active life of the facility. The report will include: A-3 pssa8 Ni Adxx 1. Tabular displays of any data which shows that a monitoring parameter has been detected, and graphical displays of any leachate key indicator parameters detected (such as pH, specific conductance, Total Dissolved Solids (TDS), TOC, sulfate, chloride, sodium and iron), including hydrograph for all monitor wells; 2. Trend analyses of any monitoring parameters consistently detected; 3. Comparisons among shallow, middle, and deep zone wells; 4. Comparisons between background water quality and the water quality in detection and compliance wells; 5. Correlations between related parameters such as total dissolved solids and specific conductance; b. Discussion of erratic and/or poorly correlated data; 7. An interpretation of the grottnd water contour maps, including an evaluation of grotutd water flow rates; and 8. An evaluation of the adequacy of the water quality monitoring frequency and sampling locations based upon site conditions. Note that this task only occurs in years one and four of the proposal. (Fiscal Years 2011 and 2014) PART D: TITLE V REPORTING Title V Air Operation Permit No. 1110081-OOb-AV contains monitoring and reporting requirements related to the landfill gas collection and control system at the SLC Baling and Recycling Facility. CDM will assist SLC, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes. TASK 1.0 STATEMENT OF COMPLIANCE CDM will prepare and submit the annual statement of compliance for Baling and Recycling Facility. This doctunent must be submitted to FDEP within 60 days after the end of the calendar year, as required by Chapter b2-213.440 (3)(a)(2), F.A.C. (March 1) A-4 ~ze4e ai adocz TASK 2.0 ELECTRONIC ANNUAL OPERATING REPORT CDM will prepare and submit the Electronic Annual Operating Report for Baling and Recycling Facility. This report must be submitted to FDEP or before April lg~ of each calendar year using the EAOR system for air pollutant emitting facility, as required by Chapter 62-210.370(3), F.A.C. (April lgt) TASK 3.0 SEMI-ANNUAL OPERATING REPORTS CDM will prepare and submit the semi-annual operating reports for Baling and Recycling Facility as required by the New Source Performance Standards (NSPS), 40 CFR 60 Subpart WWW. This report must be submitted to FDEP on asemi-annual basis (during the months of March and September) and must include all information listed in 40 CFR 60.757(f) (1) through (fl (6)• (March 1 and September 1) TASK 4.0 ANNUAL EMISSIONS FEE CDM will submit the annual emissions fee to FDEP between January 15 and March 1 of each year using completed FDEP Form 62-213.900 (1). SLC is responsible for providing CDM with the required fee. (March 1) PART E: CONTINUING CONSULTING SERVICES RELATED TO THE SOLID WASTE SYSTEM AS AND WHEN REQUESTED BY THE COUNTY The purpose of this task is for continuing as needed services. The budget of this part of the work is $100,000. Listed below are some examples of the issues and assignments performed by CDM under the previous authorization and that may be required to be performed during years 1 through 5: ^ National Pollutant Discharge Elimination System (NPDES) permits ^ Notice of Termination and Representation associated with US Environmental Protection Agency (EPA) issues ^ Coordinating the water quality monitoring program with laboratory services ^ Response to FDEP routine requirements ^ Leachate management issues ^ Additional leachate sampling and analysis ^ Additional surface water sampling ^ Video inspection of gas system risers ^ Startup, Shutdown and Malfunction Plan revisions ^ Flare compliance testing ^ Review of Okeechobee Landfill permit compliance issues ^ Emergency Leachate Surface Water Discharge Permit A-5 ~izeaa a~ aaa: ^ Hurricane Damage Assessment ^ Additional sampling, analysis and evaluation of additional wells (including the NE corner assessment wells, C&D facility and Cell IIIA) and re-sampled to assess and analyze grotutdwater contamination ^ Miscellaneous permitting and permit compliance activities SCHEDULE PART A Work will be completed within 6(} days following any sampling event. PARTS B AND C Work will be completed 10 days prior to its due date to FDEP to allow SLC review and comment. Final submittals will incorporate SLC comments and meet required schedule deadlines. PART D Statement of Compliance Electronic Annual Operating Report Semi-annual Operating Report Annual Emissions Fee March 1 Apri11 March 1 /September 1 Between January 15 and March 1 PART E As needed. A-6 p2848 An Ad«x ~W O U wQ l.7 w 4 ~..7 Q v~ Q W V a O V w Q~ a O ~QQ A~ w ~ S ~ ~ A N N 000 ~ O N N '- O a0 r 01 s 'O Q ~ 0 N CO N Cp ~ N ~ ~ ~ N N QNi a r O' 7 ~ N n O O O O N O O O O O ~ N C yO N ~ N 000 0 0 0 0 ~ ~ ~ COO N r N d O a '~ ~ ° ~i r v o o v ^ 0 0 0 0 0 ~ ~ .S a c o C~ '~' ~ N ^ N O N c0 ~j ~t N 7 N N N a ~ ~' a~ C o N O v N w r w r 0 N ~ v N N ~ co '' N ~ N ~ r ~ 'C a f0 N CO N ~f N CO •7 r r N r 1l') N ~ d ~ ~ ~ O ~ d N Q ~ ~ C H C ~ C_ ~ ~ C O ~ C f0 '~ ~ C j ~ ¢ o c _ ~ F ~ ~ em u. a~ o % ~ c at g d d v ~ U o p c t d ~i ~ • N « d 7 O O ~ ~ ~ ~ c a o ~ c m ~ '~ y v N ( W ~ O d ~ « ~ ~o fn V ~ ~ W ~ ~ •~ 3 ¢ a o ~ ~ ~ ~ D L 7 C W J 'C ~ ~ W fn 44 ¢ C O I O H Q 0 0 0 W "' 0 0 0 0 ~•• r N C ~ r N C 7 Q ~ ~ ~ lV M < ~ m ~ .1V [~ ,f ~C . [~ (~/ ~ V 0 fY~J es Y ~ Y ~ Y ~ m ~ !6 1- F- y ~ W H W F- l0 F- N ~ r F - N a a a N a I~ ~+ V a O ~Q G-~ U w U W E"'~ Q Q V U ~-t Q 9W H a a Q 8 S ° Q S ~ ao f0 r O tf) ~ U7 ~ (h ad Cll O rr y N s fH fA fA } O S u°~ ~ O ((O~ 00 (O (O r O N C M ~ I~ ~ 01 H ~ ~ O ~ ~ ~ ~ C 7 ~ o Q GO tp O ~A ~ P ~ M ~ fA M fH N EA p O ~ N ~ m 0 Y r~ ~ h eo t a ~ ~ ~ ~ ~ ~ N N ~ ~ ~ fH N V p S ~ ~N i 69 ~ 7' •... O O op c0 O f~ . - O O N N 4~4 ~ ~ NN f!9 p O ~ { N ~ N } y O F E m z ~ m ~ d ~ a a 7 3 'o d ~ T_ c ~ ~ c 1I1 O m O ~ Q ~ •~ ~ ~ C ~ NNy p C LL G U o ~ ~ ~ ~ Z ~ c ~ (7 ~ a c c U •c N ~ 3 a 3 ¢ ~ a > > ~ ~ > . `- a` a` m ~ c°~ Q m C) o ui ~ d r C 'C C 0. 4. d 0. .1 j~ J ATTACHMENT C PART A BUDGET PROJECT: ANNUAL WATER QUALITY MONITORING, ANALYSIS AND REPORTING PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of Cotutty Commissioners and Camp Dresser & McKee Inc. BUDGET: Labor Category Hours Officer 8 Principal/Associate 24 Senior Professional 72 Professional II 156 Professional I 88 Staff Support 72 Admin Support ?4 TOTAL HOURS `~4 TOTAL LABOR COST $50,334 OTHER DIRECT COSTS $3,500 GRAND TOTAL $53,834 USE A LUMP SUM $53,800 C_1 ~29aa an c.doc ATTACHMENT C PART B BUDGET PROJECT: BALING AND RECYCLING FACILTTY ANNUAL AERIAL SURVEY AND FINANCIAL RESPONSIBILITY UPDATE PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of County Commissioners and Camp Dresser & McKee Inc. BUDGET: Labor Categ_orx Hours Officer 8 Principal/Associate 42 Senior Professional 8 Professional II 4 Professional I 0 Staff Support 0 Admin Support 18 TOTAL HOURS 80 TOTAL LABOR COST $12,217 OTHER DIRECT COSTS $2,900 OUTSIDE PROFESSIONAL $22,500 GRAND TOTAL $37,617 USE A LUMP SUM $37,600 C-2 pzs.e a. c.da ATTACHMENT C PART C BUDGET PROJECT: BIENNIAL WATER QUALITY REPORT FOR THE BALING AND RECYCLING FACILITY PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of County Commissioners and Camp Dresser & McKee Inc. BUDGET: Labor Cat~o~y Hours Officer 4 Principal/Associate 24 Senior Professional 36 Professional II 70 Professional I 60 Staff Support 20 Admin Support 24 TOTAL HOURS 238 TOTAL LABOR COST $27,655 OTHER DIRECT COSTS $2,000 GRAND TOTAL $29,655 USE A LUMP SUM $29,650 C-3 pzsae ~, c.ax ATTACHMENT C PART D BUDGET PROJECT: TITLE V REPORTING PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie CoLUity Board of County Commissioners and Camp Dresser & McKee Inc. BUDGET; Labor CategorX Hours Officer 5 Principal/Associate 24 Senior Professional 12 Professional II 0 Professional I 114 Staff Support 0 Admin Support 26 TOTAL HOURS 181 TOTAL LABOR COST $20,172 OTHER DIRECT COSTS $3,000 GRAND TOTAL $23,172 USE A LUMP SUM $23,170 G4 p2saa an c.doc ITEM NO. VI-D2 DATE: 9128/10 AGENDA REQUEST REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI-JD CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ron Roberts SUBMITTED BY: Solid Waste Assistant Soli aste Director SUBJECT: CDM Work Authorization No. 3 for Landfill Gas Management BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-531000-300 Professional Services Fiscal Year 2010-11 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of CDM Work Authorization No. 3 for engineering services related to landfill gas management program for a total of $541,780 and authorization for the Chairman to execute documents as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator CoordinationlSignatu res County Attorney (X) ~~' OMB Director t' Budget Analyst Daniel S. McIntyre Purchasing (X) ~,~ Melissa Simberlund Public Works Director (X) ,(~ arid. ouin Tawonna Johnson ~X) ~. Do West Solid Waste MEMORANDUM TO: Board of County Commissioners FROM: Ron Roberts, Assistant Solid Waste Director DATE: September 28, 2010 SUBJECT: CDM Work Authorization No. 3 for Landfill Gas Management ITEM NO. VI-D2 Background: CDM will provide professional services related to the management and gas system compliance monitoring for the existing landfill gas collection system, operation of the gas compression system, greenhouse gas monitoring and reporting and design of the Phase IIIB landfill gas collection system. These annual services are a requirement of our permit. Previous Action: October 1, 2008 -Board approved CDM Work Authorization for fiscal year 2009-2010. Recommendation: Board approval of CDM Work Authorization No. 3 for engineering services related to landfill gas management program for a total of $541,780 and authorization for the Chairman to execute documents as prepared by the County Attorney. RR:dls Attachment A -CDM Work Authorization No. 3 Attachment A WORK AUTHORIZATION NO. 3 CONTRACT C10-02-066 FOR CONTINUING CONSULTING/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 CAMP, DRESSER & MCKEE, INC., hereinafter referred to as the "Engineer". WITNESSETH: WHEREAS, on February 9, 2010, the COUNTY entered into a Consulting Agreement (Contract No. C10-02-066) hereinafter refer-ed to as "Contract" with the ENGINEER to provide continuing professional consulting engineering services; and, WHEREAS, pursuant to the Contract, the ENGINEER 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: BAILING AND RECYCLING FACILITY LANDFILL GAS MANAGEMENT PROGRAM (hereinafter referred to as "the Project".) Page 1 of 3 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the ENGINEER in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing Contract (C10-02-066). The services to be provided by ENGINEER on the Project shall be for those services as outlined in the Scope of Services and Schedule attached hereto as ATTACHMENT "A"; and as outlined in the Budget described in ATTACHMENT "B", 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 the total amount of Five hundred forty-one thousand seven hundred eighty and 00/100 ($541,780.00) Dollars as further detailed in ATTACHMENT "C-2". 4. CONTRACT DOCUMENT: Except as amended herein, 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, t ime being of the essence. b. ENGINEER shall commence work upon receipt of written Notice to Proceed, and shall complete all work as further described in ATTACHMENT "A". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or his designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the ENGINEER, 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 ENGINEER 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 in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 ATTEST: CLERK COUNTY ATTORNEY WITNESSES: CAMP, DRESSER 8~ McKEE, INC. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: Print Name: Title: Page 3 of 3 ,, 1701 Highway A~1-A, Suite 301 Vero Beach, Florida 32963 tel: 772 231.4301 lax: 772 231 4332 September 13, 2010 HAND DELIVERED Mr. Ron Roberts Solid Waste Manager St. Lucie County 6120 Glades Cut-Off Road Fort Pierce, Florida 34981 Subject: St. Lucie County Baling and Recycling Facility Landfill Gas Management Program Dear Mr. Roberts: Camp Dresser & McKee Inc. (CDM) is pleased to submit this proposal for professional engineering services to assist St. Lucie County with the overall landfill gas system management at the above referenced site. The scope of services includes management and gas system compliance monitoring for the existing landfill gas collection system, operation of the landfill gas compression system, greetnhouse gas monitoring and reporting, and design of the Phase IIIB landfill gas collection system. CDM appreciates this opporhtnity to continue to help St. Lucie County with its landfill gas management program. If you have any questions, please do not hesitate to contact tts. Sincerely, Kevin N. Vann, P.E. Project Manager Catnp Dresser & McKee Inc. File: 0000-EJGNB-MG.SLC Approved by: Eric J. rotke, P.E., BCEE Principal Engineer Camp Dresser & McKee Inc. pzsst.aoc conzulting • engineering • construction • operations ATTACHMENT A SCOPE OF SERVICES ST. LUCIE COUNTY BALING AND RECYCLING FACILITY LANDFILL GAS MANAGEMENT PROGRAM The purpose of this program is to provide overall landfill gas system management for the St. Lucie Cotmty (SLC) Baling and Recycling Facility located on Glades Cut-Off Road. In general, Camp Dresser & McKee Inc. {CDM) will provide professional services related to the management and gas system compliance monitoring and reporting for the existing landfill gas collection system, operation of the landfill gas compression system, greenhouse gas monitoring and reporting, and design of the Phase IIIB landfill gas collection system. TASK 1-LANDFILL GAS SYSTEM OPERATION AND MAINTENANCE CDM will provide services related to operation and maintenance and Title V compliance for the active landfill gas collection system as further described below. Subtask 1.1 Gas System Operation and Maintenance CDM will provide on-site technicians to perform corrective actions and routine gas system operation and maintenance. Under this task, CDM will also undertake routine corrective actions required to repair damages to the gas collection system wells. Corrective actions will be developed based on the information collected during periodic field inspections conducted by both CDM and SLC personnel. This Scope of Services does not include work associated with ptunping leachate from the landfill gas collection wells and/or collection system. Sribtask 1.2 Title V Compliance An essential aspect of the landfill gas management program is strict adherence to all regulatory monitoring, reporting, and certification requirements. Under this task, CDM will provide services related Title V compliance for the landfill gas collection system. CDM will perform the appropriate Title V compliance monitoring, testing, record keeping, and reporting. CDM's Scope of Services for this subtask is further defined below: Subtnsk 1.2.1 Quarterl}~ Methane Sur ace Sweeps Perform methane surface emissions monitoring as required by the New Source Performance Standards (NSPS) (40 Code of Federal Regulations ((CFR) 60 Subpart WWW). If any exceedances of the 500 parts per million (ppm) threshold are detected during quarterly monitoring, CDM will make system adjustment in an effort to resolve title sihtation. Should physical site repairs {sod replacement, erosion repair, etc.) be necessary, SLC will take corrective action to stop gas emissions from that area. CDM will provide SLC recommendations on how to proceed with the corrective action. Upon completion of the corrective action, CDM will retest the area as required by the permit and/or regulations. A-1 ii2es~ .aoc Subtask 1.2.2 Gas Stistem Inspections/Balancing/Adjustments Inspect, balance, and adjust the gas collection system on a monthly basis, noting and recording operating parameters as required in NSPS 40 CFR 60.756 (a) as well as any damage, wear, or other system distress which would require corrective action. Subtask 1.2.3 Gas Stistem Routine Gas Welt Maintenance Make routine repairs to the gas wells only. (As Needed) An estimated cost of materials and supplies is provided in Attachment C. CDM will not ttse this allowance without written authorization from SLC. Work associated with adjusting the 6-inch and 12-inch landfill gas collection wellheads is included in this estimate. Should unforeseen circttrnstances require substantial repairs beyond our estimate, an amendment will be submitted. Subtask 1.2.4 Flare Downtime Resolution CDM landfill gas technicians will visually observe operation of the flare at times when they are on-site and the flare is operating, or should be operating. SLC will be responsible for visually observing the operation of the flare at times daring landfill operation hours when CDM technicians are not on-site. A designated SLC person(s) will report flare outages to CDM. CDM will then diagnose flare problems, repair minor problems, and/or resolve other problems with the flare through the use of CDM technicians and/or mechanical contractors. (As Needed) Aii estimated cost of materials and supplies is provided in Attachment C. Should unforeseen circumstances require substantial repairs beyond our estimate, an amendment will be submitted. Subtask T.2.5 Non-Routine Maintenance Non-routine maintenance work such as repair or maintenance work noted during the routine visits will be performed with SLC's prior approval. CDM will work with assistance from SLC staff to accomplish these repairs through the ttse of CDM technicians and/or mechanical contractors. An estimated cost of materials and supplies is provided in Attachment C. Should unforeseen circumstances require substantial repairs beyond our estimate, an amendment will be submitted. TASK 2 - LANDFILL GAS COMPRESSION SYSTEM OPERATION AND MONITORING CDM will provide services related to operations and monitoring for the landfill gas compression system and its components on SLC property as further described below. Subtask 2.2 La~edfill Gas Compression System Operations and Monitoring CDM will provide an on-site technician(s) to perform routine landfill gas compression system operation, monitoring, and routine maintenance. This work will be performed by the landfill gas technician(s) during their periods onsite as part of the ongoing landfill gas system operation and maintenance. A-2 y295t.noc Subtask 2.1.1 Landfill Gas Compression stem Inspections and Monitoring CDM will monitor the gas compression system on a daily basis, or as technicians are available at the site, coincident with the ongoing landfill gas system operation and maintenance. Monitoring will include observation of the overall system operation, operating parameters, data and other visual conditions. CDM will inspect and adjust the gas compression system on a monthly basis, noting and recording operating parameters as well as any damage, wear or other system distress which would require corrective action. CDM will provide a monthly inspection report to SLC. Subtask 2.1.2 Landfill Gas Co»ipression S~~stem Routine Maintenance CDM will perform routine maintenance to the gas compression system in accordance with the 2006 CPL Systems, Inc. Cpperation and Maintenance Manual. (As Needed) Cost of materials and supplies will be covered by SLC and are not included in this proposal. CDM will provide a monthly report of the maintenance that was performed. Subtask 2.1.3 Land~ill Gas Compression Siistem Downtime Resolution CDM landfill gas technicians will visually observe operation of the system at times when they are onsite during the ongoing landfill gas system operation and maintenance project. Automated reporting systems (autodialer/SCADA) will also alert CDM to outages. CDM will initiate a response to alerts within 1 hour. Any repairs will be performed between the hours of lam and 6 pm, Monday thru Friday. CDM will diagnose system problems, fix minor problems, and/or interface with the component manufacturer's repair specialist to repair or resolve problems with the system. (As Needed) Cost of materials and supplies will be covered by SLC and are not included in this proposal. Subtask 2.1.4 Non-Routine Maintenance It is noted that CDM is taking over operations of the landfill gas compression system in an "as-is" condition. CDM assumes that the landfill gas compression system is in good working order. CDM will identify non-routine maintenance work such as repair or maintenance work during the routine visits. The need for non-routine maintenance work repairs will be transmitted to SLC's representative, along with suggested corrective action and, as available at the time, estimated cost of repair. CDM and SLC personnel will agree on a course of action. CDM will perform the suggested corrective action outside the scope of this proposal to resolve the problem. The cost of labor, materials and supplies for non-routine maintenance work such as repair or maintenance work are not included in this proposal. A-3 II2951.doc It is assumed that full access to the programmable logic controller (PLC) and programming of the compression system controls will be granted to CDM. SLC will provide a copy of the commented PLC code for the current installation, information on the software version that was used to develop the PLC code, information on the software version (including any patches or updates) that was used to develop the human machine interface (HMI) (Wonderware), copies of all HMI screens and a copy of the database for the current installation, and clarification of any problems that have been encountered with the system (specifically with instrumentation and PLC/HMI). Should unforeseen circumstances require a substantial evaluation/investigation, an amendment will be submitted. Subtask 2.2 Initial Inspection CDM and SLC representatives will jointly perform a compression system inspection, including the compression system, controls, control shed and custody transfer station just prior to initiation of this Scope of Services. The inspection shall include frill photographic documentation and notation of existing conditions. CDM will compile the results of this inspection in a report that will be reviewed and accepted by both SLC and CDM as a fair representation of existing conditions and stahis of the system and its components. If internal inspections are not feasible at that time, they will be made as soon as possible after the initiation of this Scope of Services. TASK 3 -GREENHOUSE GAS MONITORING AND REPORTING The mandatory greenhouse gas (GHG) reporting rule 40 CFR Part 98 was finalized by the Environmental Protection Agency (EPA) and published in the Federal Register on October 30, 2009. This rule requires large emitters ofheat-trapping emissions to begin collecting GHG data under a new reporting system. This rule applies to all facilities which generate 25,000 metric tons or more of CO2 equivalent (CO2e) per year, including landfills and waste-to-energy facilities. The rule requires that monitoring plans be developed and implemented by January 1, 2010. Reporting is required annually. CDM proposes to monitor the SLC Baling and Recycling Facility for the calendar year 2011 and prepare the report for submission to EPA in 2012. To assist SLC in complying with the new regulations, CDM proposes the following Scope of Services. Subtask 3.1 Greenhouse Gas Monitoring For Calendar Year 2011 Subtask 3.1.1 Weekli~ Monitoring It is assumed that the landfill gas flare will not have continuous emissions monitoring for methane. Therefore, CDM will calibrate portable equipment as required, perform and record measurements on: ^ The landfill gas flare at the SLC Baling and Recycling Facility. These measurements will include: - Methane Content (§98.343(b)(2)(ii)) - Volumetric gas flow (§98.343(b)(2)(i)) - Temperature, if volumetric flow is not corrected fox temperahire (§98.343(b) (2}{iii)) A-4 ~izss~.aoc - Pressure, if voltunetric flow is not corrected for pressure (§98.343(b)(2)(iii)} - Moisture Content, if voltunetric flow is measured on a dry basis (§98.343 (b} (2) (iii) ) - Methane Monitoring (§98.344 (b)) Sticbfask 3.1.2 Annual LFG Sampling and Anali sL - Three grab samples of landfill gas must be taken at least annually to determine the non-methane organic carbon correction factor (§98.344 (b)(6)(ii)). This will apply to the SLC Baling and Recycling Facility landfill gas collection system. Deliverables: CDM will submit weekly {or, if desired, monthly) updates for the monitoring data collected. CDM will also retain the data on the backed up E-Room which CDM maintains for SLC Baling and Recycling Facility landfill gas data. Or, alternately, CDM can keep onsite in a secure location the results as measured and updated weekly. CDM will also collect the annual landfill gas samples, have them analyzed, and submit the laboratory reports to SLC as well as save them in the E-Room. Stibtask 3.2 Preparation of GHG Data for Submission to EPA CDM will compile the landfill GHG and QA data collected during calendar year 2011 and perform GHG calculations for submission to the EPA. Depending on how the EPA requires the data to be reported, CDM will either directly report to EPA, or provide the report data to SLC to be submitted to the EPA. Items to be reported include: ^ General data per §98,3 (c} ^ Emissions of CO2, CH4, and N2O from each stationary combustion unit (including flares) following the requirements of Subpart C. (§98.342(c)) ^ Landfill specific data per §98.346 ^ Annual Methane Generation: - Must report the modeled CH4 generation rate- (§98.364(8)) and all the supporting parameter values used in modeling - Waste disposal quantity for each year of landfilling and description of how it was estimated. §98.364(b) - Waste composition data, if available, and how these data were estimated. §98.364(c) - Degradable organic carbon (DOC) value and decay rate (k) value for each waste category identified. §98.364(d) A-5 iizssi.d« Fraction of CH4 in landfill gas and an indication of whether the fraction of CH4 was determined based on measured values or the default value. §98.364 (e) ^ Annual Methane Emissions: - The surface area of the landfill containing waste (in square meters), the cover types applicable to the landfill, the surface area and oxidation fraction for each cover type used to calculate the average oxidation fraction, and the average oxidation fraction used in the calculations. §98.364 (f) - Landfills without LFG collection systems §98.346(h): o The methane generation must be adjusted for cover soil oxidation, and reported as emissions in metric tons CH4 - Landfills with LFG collection systems §98.346(1): o Total volumetric flow of landfill gas collected for destruction (cubic feet at 520°R or 60°F and 1 atm) o CH4 concentration of landfill gas collected for destruction (percent by volume). o Monthly average temperature for each month at which flow is measured for landfill gas collected for destruction, or statement that temperahtre is incorporated into internal calculations run by the monitoring equipment o Monthly average pressure for each month at which flow is measured for landfill gas collected for destruction, or statement that temperahre is incorporated into intemal calculations run by the monitoring equipment o An indication of whether destruction occurs at the landfill facility or off-site. If destnuction occurs at the landfill facility, also report an indication of whether a back- up destruction device is present at the landfill, the annual operating hours for the primary destruction device, the annual operating hours for the backup destruction device (if present), and the destruction efficiency used (percent) o Annual quantity of recovered CH4 (metric tons CH4) o A description of the gas collection system (manufacture, capacity, number of wells, etc.), the surface area (square meters) and estimated waste depth (meters) for each area specified in Table HH-3 of this subpart, the estimated gas collection system efficiency for landfills with this gas collection system, and the annual operating hours of the gas collection system. o Methane generation calculated based on waste in place data, corrected for oxidation, reported in metric tons CH4 o Methane generation calculated based on measured LFG recovered and gas collection efficiency (estimated or default), corrected for oxidation, reported in metric tons CH4 o Methane emissions calculated based on LFG collection system information and methane generation based on waste in place data, reported in metric tons CHa o Methane emissions calculated based on LFG collection system information and methane generation based on gas collection efficiency, reported in metric tons CH4 A-6 j12951.doc ^ General Stationary Fuel Combustion Sources (Subpart C) - Carbon dioxide, CHa, and nitrogen oxides (Nox) emissions calculated based on monitoring equipment and/or fuel use - Fraction of biogenic emissions based on percentage of LFG used as fuel Deliverables: CDM will submit to SLC/EPA a compilation of the SLC Baling and Recycling Facility GHG and QA data collected during calendar year 2011 for submission to the EPA. TASK 4 -PHASE IIIB HORIZONTAL GAS COLLECTION SYSTEM DESIGN CDM will design a horizontal landfill gas collection system for the recently activated Phase IIIB cell. The design will include two tiers of horizontal landfill gas collection pipes. CDM will determine the location of existing gas headers, wells, and valves to determine the best points of connection for a system extension into Phase IIIB. CDM will evaluate the necessity and timing for the installation of the first phase of the Phase IIIB gas collection system as hirther described below. A detail design will be prepared showing the horizontal landfill gas coAection piping network, as well as tie in points to the existing landfill gas extraction system. It is anticipated that the landfill gas collection system will consist of perforated horizontal landfill gas collection piping, connected to the existing landfill gas collection system through a network of header and lateral HDPE pipes, which will be installed within the waste mass. The design of the new system will match, as closely as possible, the features of the existing systems, incorporating the latest advances in component design and operation. As part of the design, CDM will produce a set of specifications which will describe the system components, level of quality, installation methods, and details to convey the basis of the design. The specifications will include the following sections: ^ Perforated HDPE landfill gas pipe ^ Landfill gas header piping and testing ^ Valves and appurtenances CDM will also produce drawings and details which will show the location of system components, interconnects, and phasing for the system, as well as details of various system components. Drawings will include: ^ Location plan ^ Landfill Gas Expansion Plan at Elevation 50 Feet NGVD ^ Landfill Gas Expansion Plan at Elevation 105 Feet NGVD ^ Details The total system design will be used for submittal to the FDEP for the purpose of permitting the system. The design will include a phased approach to constructing the system as filling A-7 j12951.doc progresses. The design package will be included in the Phase II and IIIA closure permit application to FDEP. CDM will identify immediate improvements necessary to facilitate optimum extraction of gas from the Phase IIIB area. Installation of those improvements will be by amendment to this authorization or through the bidding process. SCHEDULE Task Estimated Schedule Task 1-Gas System Operation, Maintenance, Ongoing for 1 year, and Title V Compliance October 2010 through September 2011 Task 2 - Landfill Gas Compression Skid Operation November 1, 2010 through and Maintenance September 30, 2011 Task 3 - Greenhouse Gas Monitoring and Reporting Ongoing for 1 year, Submitted to EPA March 31, 2012 Task 4 - Phase IIIB Horizontal LFG Design September 30, 2010 A-8 iizssi.doc d x O A u`a a U w r (~ oa O U V a F+ a C~7 cn ATTACHMENT C BUDGET ST, LUCIE COUNTY BALING AND RECYCLING FACILITY LANDFILL GAS MANAGEMENT PROGRAM PROJECT Task 1-Landfill Gas System Operation and Maintenance DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie Cotu-ty Board of County Commissioners and Camp Dresser & McKee Inc. Labor CategorX Hours Officer 110 Principal/Associate 355 Senior Professional 185 Professional II 270 Professional I 255 Senior Support 675 Staff Support 1,200 Admire Support 120 TOTAL HOURS 3,170 TOTAL LABOR COST $340,007 OTHER DIRECT COSTS 5 000 GRAND TOTAL $385,007 USE (LUMP SUM) 85•Opp C-2 p2951.a« ATTACHMENT C BUDGET ST. LUCIE COUNTY BALING AND RECYCLING FACILITY LANDFILL GAS MANAGEMENT PROGRAM PROJECT Task 2 -Landfill Gas Compression System Operation and Monitoring DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of County Commissioners and Camp Dresser & McKee Inc. Labor CateQOry Hotus Officer 18 Principal/Associate 26 Senior Professional 55 Professional II 60 Professional I 55 Senior Support 140 Staff Support 380 Admire Support 36 TOTAL HOURS 770 TOTAL LABOR COST $74,503 OTHER DIRECT COSTS 4 500 GRAND TOTAL $79,003 USE (LUMP SUM) ~79,000 C-3 pzes,.doc ATTACHMENT C BUDGET ST. LUCIE COUNTY BALING AND RECYCLING FACILITY LANDFILL GAS MANAGEMENT PROGRAM PROJECT Task 3 -Greenhouse Gas Monitoring and Reporting DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St, Lucie Cotmty Board of Cotutty Commissioners and Camp Dresser & McKee Inc. Labor CategorX Hours Officer 6 Principal/Associate 16 Senior Professional 20 Professional II 40 Professional I 40 Staff Support 84 Admin Support 16 TOTAL HOURS 222 TOTAL LABOR COST $23,085 OTHER DIRECT COSTS $1,400 OUTSIDE PROFESSIONAL SERVICES (LABORATORY) 1500 GRAND TOTAL . $25,985 USE (LUMP SUM} $25.980 C-4 pzssi.aoc ATTACHMENT C BUDGET ST. LUCIE COUNTY BALING AND RECYCLING FACILITY LANDFILL GAS MANAGEMENT PROGRAM PROJECT Task 4 -Phase IIIB Horizontal Gas Collection System Design DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of County Commissioners and Camp Dresser & McKee Inc. Labor Category Hours Officer 8 Principal/Associate 70 Senior Professional 70 Professional II 42 Professional II 75 Senior Support 18 Staff Support 110 Admire Support 28 TOTAL HOURS 421 TOTAL LABOR COST $48,809 OTHER DIRECT COSTS 3 000 GRAND TOTAL $51,809 USE (LUMP SUM) $5~(8 .. C-5 pzssti.do~ -~'. 1- 1 1' 1 ~' 1' T AGENDA REQUEST ITEM NO. VI-D3 DATE: 9128110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: BOARD OF COUNTY COMMISSIONERS Solid Waste Bid Waiver for Hauling Fill Material See attached memorandum. 401-3410-534000-300 Contracted Services Fiscal Year 2010-11 PRESENTED BY Ron Roberts Assistant Solid Waste Director PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board, waive the bid requirement pursuant to Section 8.1, a.1 or a.8 of the Purchasing Policy Manual and determine that waiving the bid requirement is in the best interest of the County, and award a contract to Waste Pro based on a low quote of $2.38 per cubic yard. Staff further recommends that the Board authorize the Chairman to sign a contract with Waste Pro as approved by the County Attorney. COMMISSION ACTION: {~ APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: ~~ - Faye W. Outlaw, MPA County Administrator CoordinationlSianatures County Attorney (X) ~ OMB Director (X) Budget Analyst `-~-~= Daniel S. McIntyre Marie Gouin-- Tawonna Johnson Purchasing (X) ~g~F Public Works (X ) Director Melissa Simberlund Don West Solid Waste MEMORANDUM TO: Board of County Commissioners FROM: Ron Roberts, Assistant Solid Waste Director DATE: September 28, 2010 SUBJECT: Bid Waiver for Hauling Fill Materia- ITEM NO. VI-D3 Background: The Solid Waste Department has been in discussions with representatives of Lennar, Inc. regarding the availability of an estimated 500,000 cubic yards of fill material at a Lennar development site in St. Lucie County. Lennar has agreed to a11ow the County to remove the fill material at no charge provided that the County immediately remove the fill from the site. The only stipulation is that the County pay for the loading and trucking of the material offsite and agree to indemnify Lennar against any damage to the site. Acquisition of this fill material will result in a substantial savings to the County. The County recently awarded a bid for delivery and purchase of fill material. The low bid was $5.29 per cubic yard. Using this low bid, the County would incur a cost of $2,645,000. In view of the time constraints involved, staff obtained three quotes to remove the fill from the Lennar site as follows: Waste Pro of St. Lucie County - $2.38 per cubic yard. Sheltra & Sons of Martin County - $2.55 per cubic yard Austin Tupler Trucking, Inc. of Palm Beach County - $3.00 per cubic yard Using the low quote of $2.38, the cost to remove the donated fill would be $1,190,000.00 resulting in a savings of $1,455,000. Recommendation: Staff recommends that the Board, waive the bid requirement pursuant to Section 8.1, a.1 or a.8 of the Purchasing Policy Manual and determine that waiving the bid requirement is in the best interest of the County, and award a contract to Waste Pro based on a low quote of $2.38 per cubic yard. Staff further recommends that the Board authorize the Chairman to sign a contract with Waste Pro as approved by the County Attorney. RR dls Attachment A- Quotes for trucking of fill material Attachment B -Contract Attachment A Ron Roberts From: Russel Mackie [rmackie@wasteprousa.com] Sent: Thursday, September 16, 2010 10:17 AM To: Ron Roberts Subject: Fwd: Fill hauling quote Russell Mackie Regional Vice President Waste Pro of Florida Sent from my iPhone Begin forwarded message: From: Russel Mackie <rmackie~wasteprousa.com> Date: September 15, 2010 10:35:30 AM EDT To: "robertsr(~?stlucieco.~ov" <robertsr(a~stlucieco.gov> Subject: Fill hauling quote Ron, Please accept this email as Waste Pro's official quotation for hauling clean fill from less than an 8 mile radius from the st Lucie county landfill. All fill will be loaded, and delivered to the st Lucie county landfill for a rate of $2.38 a cubic yard. This price is guarnteed for up to 500,000 cubic yards of fill delivered. Waste Pro can be ready to commence within 48 hours of notice of award and will commit the necessary resources to satisfy the county's timetable for recieving fill. If you need any additional information or points of our proposal clarified please contact me directly. Russell Mackie Regional Vice President Waste Pro of Florida Sent from my iPhone 5EP-1d-2010(TUE) 13:57 Sheltra & Son Constuction (FAX)772 597 Q213 P. 001/001 Sheltra & Son Construction Inc. P. 0. Bvx 338 772.597-3180 Indiantawn, Fivrida 34966 Fax 772-597-4213 SEPTEMBER 14 2010 ATTN: Ran F$X 772-462-6987 REs.ST. LUCIE COUNTY LANDFILL Please accept this as our proposal for the following: Loading b Hauling ONLY fill material withiA a 5 mile radius of the St. Lucie County Landfill, approximately 120,000 cy to 500,000.00 cy. Price 62.55 per cubic yard. If you should have any questions, please don't hesitate to contact us. Sincsrely, Ricky Sheltra 2 From. ERNESTO M CEBALLOS To: JUSTIN Dale: 9!15!2010 Time: 11.y5:18 AM M I A M I B O Y N T O N B E A C H (305) 999-4198 (407) 732-3b02 H O M E S T E A D B O C A B A T O N (305) 374-0261 1407) 243-0133 AUSTIN TUPLER TRUCKING INC. 6570 S.W. 47TH COURT DAME, FLORIDA 33319 PHONE (954} 583-0801 EAX (954) 583-0844 ESTIMATE SUBMITTED TO: JUSTIN DATE: 9/15/10 CONTRACTOR: CITY OF PORT ST. LUCIE PROJECT NAME: RECYCLING FACILIT PHONE: 772-871-5223 EAX:772-871-7337 PROJECT #: PROJECT ADDRESS: 6120 GLADES CUT OFF ET PIERCE PRICES OF TRUCKING These estimates are based on payment being made on a monthly basis with no retainage. These estimates are subject to change if FAX is not returned within five (5j, working days of the date listed above. TAXES ARE NOT INCLUDED IN THESE PRICES. These prices do not include supplying a performance or payment bond. Prices are good until expiration dates stated below unless otherwise specified. COMPANY SERVICE/MATERIAL EXP-DATE RATE Tupler FILL 12/31/10 3.00 YARD QUOTE #:198483-001 BY SIGNING DELIVERY TICKETS, CUSTOMER IS FULLY LIABLE FOR ALL TRUCKING AND MATERIALS AND NO CREDIT OR DISCOUNTS WILL BE GIVEN AFTER TICKETS ARE SIGNED. PRICES ARE SUBJECT TO CHANGE IF THE QUARRY WE ARE TRUCKING FROM CANNOT FULFILL ITS OBLIGATIONS. PRICES AND DELIVERY CANNOT BE GUARANTEED IN THE EVENT OF WORK STRIKES BY UNIONS OR OTHERS. ACCEPTED BY: Company name PLEASE CALL ME IF YOU HAVE ANY QUESTIONS Name i e NOTE: 2 $ Fuel surcharge for every FROM ERNIE CEBALLOS 15 C increase over 3.00 Pape 2 of 2 NOTE: PRICE IS BASED ON A FIVE MILE HAUL (ONE WAY) AS PER CUSTOMER. PRICE INCLUDES THE LOADING OF THE MATERIAL. PRICE IS BASED ON HAULING APPROX. HALF A MILLION YARDS. PRICE IS BASED ON SETTING UP THE JOB TO HAUL AT LEAST 1500 YARDS PER DAY. 3 ATTACHMENT B CONTRACT THIS CONTRACT, made this day of 2010, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and WASTE PRO OF FLORIDA, INC., their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is recovery of fill material from Copper Creek, including but not limited to: preparation of the area for truck traffic; load trucks from the stock piles according to County instructions; deliver the material to the Baling and Recycling Facility (the "Facility") to location instructed by County; and repair any damage done to site location by truck traffic or loading equipment. 3. PROJECT MANAGER The Project Manager for the County is Ron Roberts at (772) 462-1631. The Project Manager for the Contractor is Russell Mackie at (772) 595-9390. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: "lV A. This Contract, consisting of pages 01 through 13 inclusive. B. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the Work; and further guarantees the successful performance of the Work for the service intended. Neither inspection- nor payment, including final payment, by the County shall relieve the Contractor or its Surety from his or its obligations to do and complete the Work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 6. TIME OF PERFORMANCEIDELAYS AND EXTENSIONS OF TIME The Contractor shall begin work within 72 hours after notification by the County, but no later than October 5, 2010. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work by April 15, 2011. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. v 2.. As the Contractor's sole and exclusive remedy for delay, the County may grant an extension of the contract time, when a critical item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather (i.e., beyond the 10 year mean average) shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall only be done by Change Order. 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds being: $2.38 per cubic yard delivered to the County. All deliveries must be confirmed, for billing purposes, with a load ticket provided by County to the hauler. Hours of deliveries will be completed during normal operating hours of the Facility. 8 PAYMENT SCHEDULE The County shall make payments on account of the Contract as follows: Once each month progress payments shall be made during the process of construction in amounts not to exceed ninety percent (90%) of the amount due on the Contract on the basis of Work completed as certified by the Contractor and approved by the County's Project Manager. Contractor shall submit a payment application to the County's Project Manager by the 25th day of each month. The application shall be for the dollar amount of the Work complete on the last day preceding the submission of the application. Payment to the Contractor shall be made within 20 business days of the County's receipt of the application or if appropriate, within 20 business days of the approval of the application by the County's consulting engineer or architect and the application is received by the County. The County may reject the application in writing which shall specify the deficiency and the action necessary to correct the deficiency. Payment shall be due 20 days after the County's receipt of a corrected application, or if different, within such other period of time as defined by F.S. §218.735, as amended. All applications for payment submitted by the Contractor shall reference the County's Contract number. ., 3V The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 9. SUBCONTRACTORS In the event Contractor requires the services of any contractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such contractor or professional associate. 10. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and alt questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 12. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day of the certificate for final performance of the work for the service intended. This warranty term includes all work and materials supplied by subcontractors. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work "4`" in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 13. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, has conducted a sufficient investigation of the surface and sub-surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly "5v constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 14. INDEMNITY Contractor agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Contractor specifically agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them harmless from all claims arising out of the County's Indemnification Agreement with MS Rialto Copper Creek FL, LLC. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold `"6V harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. This indemnification is limited to the amount of insurance held by the Contractor, as required by this Agreement. 15. INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected Work will be immediately corrected by the Contractor. When the Work is substantially completed, the Contractor shall notify the County in writing that the Work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 16. INSURANCE Commercial General Liabilitv: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The County shall be an additional insured and shall receive the same notification rights that are provided to the first named insured as respects cancellation and nonrenewal. THIS ENDORSEMENT MUST BE INSERTED ONTO THE CERTIFICATE OF INSURANCE. Business Automobile Liabilitv: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The County shall be an additional insured and shall receive the same notification rights that are provided to the first named insured as respects cancellation and nonrenewal. THIS ENDORSEMENT MUST BE INSERTED ONTO THE CERTIFICATE OF INSURANCE. Workers Compensation and Employers Liabilitv: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (Chapter V7v 440, Florida Statutes) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The County shall be an additional insured and shall receive the same notification rights that are provided to the first named insured as respects cancellation and nonrenewal. THIS ENDORSEMENT MUST BE INSERTED ONTO THE CERTIFICATE OF INSURANCE. 17. DEFAULT; TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the County in completing the Project and for reimbursement of damages incurred. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by .. $.. the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. B. WITHOUT CAUSE The County may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the Contractor. Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County's ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the County in completion of the project, in addition to liquidated damages, construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. 18. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against ~" 9" any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 19. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 20. PRODUCTS OR MATERIALS WITH RECYCLED CONTENT Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: a) Is not available within a reasonable period of time; or b) Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 22. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (2005) and as may be amended from time to time. 22. ASBESTOS-FREE MATERIALS Contractor shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. 23. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining "10' County's written approval. In addition, the Contractor shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. 24. NO All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: Waste Pro of Florida, Inc. 4100 Selvitz Road Fort Pierce, Florida 34981 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. 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. 25. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 26. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no "llv interest, either director indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2003) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 27. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 28. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. v12V 29. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 30. ANTITRUST ASSIGNMENT The Contractor and the County and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida and local governments. Therefore, the Contractor assigns to the State of Florida and the County any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIR CLERK COUNTY ATTORNEY WITNESSES: WASTE PRO OF FLORIDA, INC. BY: Print Name: Title: s:\atty\agreemnt\waste pro copper creek.docx APPROVED AS TO FORM AND CORRECTNESS: v13" ~! ITEM NO. VI-E DATE: 09/28/10 AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X 1 TO: SUBMITTED BY: SUBJECT: BACKGROUND: BOARD OF COUNTY COMMISSIONERS Planning ~ Development Services/Tourism REGULAR PRESENTED BY: Charlotte Lombar Tourism Coordinator 2010/2011 Contracts for the Treasure Coast Sports Commission See attached memorandum. FUNDS AVAILABLE: 611-5210-582000-500 PREVIOUS ACTION: October 13, 2009 -Board approval of 2009 / 2010 Treasure Coast Sports Commission contracts RECOMMENDATION: Board approval of the 2010/2011 contracts for the Treasure Coast Sports Commission for a total amount of $150,000 and authorization for the Chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) ( ) OTHER CONCURRENCE: DENIED Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures A~~County Attorney ( ) / ,, / ~ OMB Director ( ) (.(~~ Budget Analyst Dan McIntyre/K. MacKenzie-Smith Originating Dept. ( ) ~- ERD ( ) M. a rlee/ C.Lombard / ~~ M. Gouin/P. Marston n/a Planning & Development Services MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Planning 8 Development Services Director FROM: Charlotte Lombard 1~ Tounsm DATE: September 28, 2010 SUBJECT: 2010/2011 Contracts for the Treasure Coast Sports Commission ITEM NO. VI-E Background: The Treasure Coast Sports Commission (TCSC) has been promoting tourism in the County by attracting sporting events that provide measurable economic impact to the County and the Treasure Coast since 1999. At the August 25, 2010 Tourist Development Council (TDC) meeting, the TDC unanimously recommended the approval of $150,000 of grant funding to the TCSC for the 2010/2011 fiscal year. These funds are generated by the tourist development tax. Total recommended funding to the TCSC for FY 2010/2011 is $150,000. Below is a breakdown of the funding allocation: $ 75,000 -Administrative costs 75 000 -Bids fees and sponsorships $150,000 -Total Recommendation Board approval of the 2010/2011 contracts for the Treasure Coast Sports Commission for a total amount of $150,000 and authorization for the Chairman to sign the contracts as prepared by the County Attorney. ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Wednesday August 25, 2010 0 12:30 P.M. MINUTES Members present: Commissioner Chris Dzadovsky, Chairman Christopher Egan, Vistana's Beach Club -Sheraton PGA Marilyn Minix, Road Runner Travel Resort Michelle Valvano, Perfect Drive Golf Villas Pam Haney, Holiday Inn Express Members absent: Councilwoman Linda Bartz, City of Port St Lucie Commissioner Eddie Becht, City of Fort Pierce Paul Taglieri, St. Lucie Mets Jill Hanson, Residence Inn by Marriott Staff present: Charlotte Lombard, Tourism Development Manager Katherine Mackenzie Smith, Assistant County Attorney Jennifer Garrity, Recording Secretary Terri Ann Palumbo, Executive Assistant to Comm. Dzadovsky Also present: Tom Colucci, Treasure Coast Sports Commission Cathy Matos, Homewood Suites Loretta Milian, St. Lucie County Chamber of Commerce Erica Byfield, Comet Creative Carla Scheifele,- Hilton Garden Inn Harold Smyth, Economic Transformation Team of Fort Pierce Raymond J. Nau, Melbourne Airport Authority Bob Baldassari, PGA Jo Seiler, Hampton Inn & Suites AI Scholliamos, Castle Pines Golf Villas Arlo Koletzky, St. Lucie County Chamber Paul Schall, German Marketing Cooperative Ed Griffith, Courtyard Marriott, Martin County HMA 1. CALL TO ORDER: Commissioner Dzadovsky called the meeting to order at 12:32 PM. 2. ROLL CALL: Jennifer Garrity called roll. 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. Tourist Development Council Meeting 0 August 25, 2010 4. APPROVAL OF MINUTES The minutes from July 14, 2010 were approved unanimously. 5. FINANCIAL a. Charlotte Lombard reported that the June 2010 numbers were $154,123.00, which is up 4% from June 2009. Numbers are up 1 % year to date from this time last year. b. P & L report was passed out to the TDC members. Report attached. 6. 2011 BUDGET PRESENTATION Charlotte gave a presentation on the 2011 TDC budget and travel schedule. Discussion ensued. Michelle Valvano made a motion to approve the 2011 TDC budget and travel schedule. Marilyn Minix seconded. Unanimously approved. Presentation attached. 7. ST.LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MISSION STATEMENT Charlotte presented mission statements from other TDC's and CVB's in Florida. Commissioner Dzadovsky recommended Charlotte come back to the next TDC meeting with a draft of the TDC mission statement. 8. PUBLIC COMMENT Katherine MacKenzie-Smith spoke about the online retail travel companies and the settlement in the class action lawsuit. Buzz Symth spoke about the SKA fishing tournament and concerns about being prepared. AI Scholliamos mentioned that he had received a couple of phone calls from the SKA participants and there was concern about the lack of knowledge of the area. Tom Colucci reassured the TDC members and attendees that the SKA tournament preparation is under control. Mr. Colucci mentioned the SKA meeting that is taking place at his office August 31 at 10:00 am and invited anyone that would like to attend to learn more about the event and sponsorship opportunities. Mr. Symth also spoke about the relationship with the Bahamas and St. Lucie County. Page 2 of 3 Tourist Development Council Meeting 0 August 25, 2010 Ray Nau from the Melbourne International Airport spoke about the new airlines that are being stationed at the airport. He also spoke of the new 95 interstate exit to the airport. Bob Baldassari, PGA, spoke about the Patriot Golf Day September 4, 2010. Erica Byfield mentioned the Homerun Music Festival being held September 25, 2010 at Digital Domain Park. John Wilkes from the Sunrise Theatre mentioned the Sunrise Advantage Plan. Chris Egan mentioned the Martin County Chamber Golf Tournament October 29, 2010. 9. ADJOURNMENT The meeting adjourned at 2:08 P.M. Page 3 of 3 FY 2010/2011 GRANT CONTRACT (Bid Fees and Sponsorships) THIS CONTRACT, made this day of 2010, between ST. LUCIE COUNTY, n political subdivision of the State of Florida, hereinafter called the "County",and TREASURE COAST SPORTS COMMISSION, INC. , n Florida not-for-profit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree ns follows: 1. The County shall disperse to the Recipient n grant in the total amount of seventy-five thousand and 00/100 dollars ($75,000). The County shall reimburse the Recipient's sports event bid fees in accordance with the following schedule: October 15, 2010 $20,000 January 15, 2011 $40,000 April 15, 2011 $15,000 The Recipient shall submit a written report on each event funded by the grant to Tourism Development Manager within thirty (30) days after the completion of the events written report. The report on the event(s) funded by the grant shalt include, but not be limited to, the number of attendees nt the event, a list of hotels and/or other accommodations used by participants and attendees nt the event, the number of room nights generated by the event and a copy of the brochure, flyer or poster used to market the event. 2. The Recipient shall expend grant monies towards bid fees and sponsorships of events within St. Lucie County based on the number of attendees at the event, hotels and/or other accommodations used by participants and attendees at the event, and room nights generated. 3. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Contract, any money not used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by n certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior S:\ATTY\AR2EEMNT\CONTRACT\tcsc-bidfees-spmsorsh'gs-Il.wpd -1- written approval of the County Management and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal Inws, rules and regulations. 9. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council". In the alternative, Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism Marketing and Public Relations Specialist. 10. Either party may terminate this Contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of the termination notice. 11. Any notice shall be in writing and sent registered or certified moil, postage and charges prepaid, and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With a Copy to: St. Lucie County Attorney Administration Annex 5:\ATTY\AQ2EEMNT\CONTRACT\tcsc-bidfeu-sponsorshps-11.wpd -2- 2300 Virginia Ave., 3rd Floor Fort Pierce, FL 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Fietd Sports Complex 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 12. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 13. Except as otherwise provided, this Contract shall be binding upon and shall insure to the benefit of the parties. 14. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Contract shall supercede all previous communications, representations oragreements, either verbal or written, between parties hereto. 15. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state Inw and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hove caused the execution by their duly authorized officials ns of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN DATE: 5:\ATiY\A6REEMNT\CONTRACT\test-bidfees-spmsorshps-ll.wpd -3- APPROVED AS TO FORM AND CORRECTNESS: ATTEST: SECRETARY COUNTY ATTORNEY TREASURE COAST SPORTS COMMISSION, INC. BY: DATE: PRESIDENT 5:\ATTY\AGREEMNIICONTRALTItcsc-bidfeu-sponsorships-11.wpd ~~- FY 2010/2011 GRANT CONTRACT (Administrative Costs) THIS CONTRACT, made this day of , 2010, between ST. LUCIE COUNTY, n political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST SPORTS COMMISSION, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of seventy-five thousand and 00/100 dollars ($75,000.00) for administration costs. The County shall disperse the grant funds in accordance with the following schedule: October 15, 2010 $7,500.00 November 15, 2010 $7,500.00 December 15, 2010 $7,500.00 January 15, 2011 $7,500.00 February 15, 2011 $7,500.00 March 15, 2011 $7,500.00 April 15, 2011 $7,500.00 May 15, 2011 $7,500.00 June 15, ZO11 $7,500.00 July 15, 2011 $7,500.00 2. The Recipient shall use the grant monies for the operational expenses associated with its efforts to attract, stimulate, and promote sporting events in St. Lucie County from the date first above written through and including September 30, 2011. Operational expenses shall be limited to staff salaries, office supplies, equipment, marketing, and advertising costs. The Recipient shall submit quarterly written reports to the St. Lucie County Tourism Manager regarding the expenditure of the grant funds and activities of the Recipient, particularly the promotion of sporting events in St. Lucie County. The reports shall be delivered on or before February 1, 2011, May 1, 2011, August 1, ZO11, and November 1, 2011. 3. The Recipient shall hove internal fiscal controls adequate to safeguard the grant funds. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this contract, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Administrator and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Contract, to audit the use of the grant monies. Upon demand, the 5:\ATTY\AGREEMNT\CONTRACT\tcsc - Adminll.wpd County shall hove access to and the right to examine nny directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St, Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council." In the alternative, the Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism Development Manager. Z0. Either party may terminate this Contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Field 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 12. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be deemed to be n waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides nny forms for contract modification, Recipient agrees to use said forms. S:\ATTY\AGREEMNT\CONTRACT\tcsc - Adminll.wpd 2 13. Except as otherwise provided, this Contract shall be binding upon and shall insure to the benefit of the parties. 14. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have cnused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY TREASURE COAST SPORTS COMMISSION, INC. BY: PRESIDENT DATE: (SEAL) 5:\ATTY\AGREEMNT\CONTRACT\tcsc - Adminll.wpd 3 MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org l~lliaiiilUlil~lii~till~l[iil~li~3iillli~lllfili{itiilltiiiiiidll~~~li>iiilltlf~t~~~1~~~~tNlli{4i~i'~iilii(#Illlt~~iiiil~~ltttiillfl~l~if~l~iitlllhtlltill{lii3#liillltiNi~lililiiiltl~l Chris Dzadovsky, Chairman District No. 1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 iiiiiiltiiuiiliiilillilllilitl$~ii>i~i<~~Itilfi~afii~~~~il~i~i4t~~iit~il ilii~~~il~~i1 Gii~~i~~~l~~l iiil~~ii~~i~iiil~~)<l~i~[flftll fill ~~~~itl i-iitlit~~~i)ili{)l tlili~iiii~~l ii1j17iiiiii iil~ir MINUTES Approve the minutes from the September 14, 2010 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 51 and 52. 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~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 14, 2010 Convened: 9:35 a.m. Adjourned: 9:36 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Chris Craft, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Joseph E. Smith, Clerk of the Circuit Court, Mark Satterlee, Planning and Development Services Director, Jim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk MINUTES Approve the minutes from the August 24, 2010 meeting. It was moved by Com. Grande, seconded by Com. Coward to approve the minutes of the meeting held August 24, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 48, 49 and 50. The Board approved Warrant List No. 48,49 and 50. B. COUNTY ATTORNEY Contract for Sale and Purchase -Heavy Machines Company Inc. a/k/a the Alghita Tract - Parcel I.D. No. 1423-130-0021-000-5 The Board approved the Contract for Sale and Purchase, authorized the Chairman to sign the Contract, approved Budget Amendment BA 10-035 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Florida Department of Agriculture and Consumer Services -Second Amendment of FY 2009-10 Contract The Board approved the proposed Second Amendment to the FY 2009-10 Contract with the Florida Department of Agriculture and Consumer Services, and authorized the Chairman to sign the amendment. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/17/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #51- 11-SEP-2010 TO 17-SEP-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 254,718.81 GRAND TOTAL: 254,718.81 PAGE 1 PAYROLL 36,854.86 36,854.86 09/24/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #52- 18-SEP-2010 TO 24-SEP-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 77,247.28 GRAND TOTAL: 77,247.28 PAGE 1 PAYROLL 0.00 0.00 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org iiiiiiiiltiiiiiiiSl~liiiUiiiiuiiiiiiiiliiiiiii-itliifiiilliiiii~~~~liiiil~ll~±il~iitii~~>;~3iill[iii~1~[iiiiiiiiiiiiNiOll~ijfili~~I1~~i~i~lli~Eiiii~~liiif1i11t1iliifYiifiiitiiti[lidiul[iiiiiiiliii~ Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 iiii i iii iif>il~tliiiiliiiillliliiit~tiiiiiti~liiiliiiilll~tUtiiiiii.iiiliiiiiiiiiiiii~i~iiiiiiikiiirl-liiilliillfiiiit[Illittltuilliil~~illiilliiLiii~i~llifiUlifiilltiiil lil lii{aiiiiiliiii iii i iiiiiiitiG~~ MINUTES Approve the minutes from the September 14, 2010 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 51 and 52. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 14, 2010 Convened: 9:36 a.m. Adjourned: 9:40 a.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Joseph E. Smith, Clerk of the Circuit Court, Millie Delgado-Feliciano, Deputy Clerk MINUTES Approve the minutes from the August 24, 2010 meeting. It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held August 24, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 48, 49 The Board approved Warrant List Nos. 48 and 49 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/17/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #51- 11-SEP-2010 TO 17-SEP-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,445.80 GRAND TOTAL: 3,445.80 PAGE 1 PAYROLL 4,403.86 4,403.86