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May 17, 2011
May 17, 2011 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA 12EVISEthd5�E -121k1 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 r�ior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board, ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments, Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability, Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. May 17, 2011 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st•lucie.fl.us www.stlucleco.org Chris Craft, Chairman District No. 5 Chris Dzadovsky, Vice Chairman District No.1 Tod Mowery District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 3, 2011 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 11-090 — proclaiming Monday, May 30, 2011 as "Memorial Day" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 11-090 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 32 and 33. B. COUNTY ATTORNEY 1. Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates Consider staff recommendation to approve of Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates 2. Revocable License Agreement — James Babineau and Robin Chaloux — 5514 Eagle Drive — Holiday Pines Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct James Babineau and Robin Chaloux to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY Replat of Lennard Road Square to be known as Elks Club Replat Consider staff recommendation to authorize the County Surveyor and the Chairman to execute the Elks Club Replat and forward the Plat to the City of Port St. Lucie for approval and recording in the Public Records of St. Lucie County. C. . OFFICE OF MANAGEMENT & BUDGET Bid No. 11-013, Purchase and Installation of Guardrail Consider staff recommendation to approve to award Bid No. 11-013, a pricing contract for the purchase and installation of guardrail, to the two lowest responsive and responsible bidders, Florida Youth Conservation Corps of Dade City and Southeast Guardrail of West Palm Beach, and authorization for the Chairman to sign documents as approved by the County Attorney. Bid No. 11-015, Fire Sprinkler System Inspection, Testing and Maintenance Consider staff recommendation to approve to award Bid No. 11-015, Fire Sprinkler System Inspection, Testing and Maintenance, to Life Safety Systems of Fort Pierce and authorization for the Chairman to sign documents as approved by the County Attorney. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the Capital asset inventory of various departments of St. Lucie County Board of County Commissioners. 4. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. 5. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Tax Collector's Office. 6. Request for Qualifications (RFQ) No. 11-007, Professional Engineering Services — Bridge Evaluation and Design Consider staff recommendation to approve of the short-listed firms for Professional Engineering Services — Bridge Evaluation and Design and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. D. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for March, 2011 Consider staff recommendation to authorize payment of Prison Health Services invoice number PHS0009197 for HIV medications for the FY-2011 period of March 01, 2011 through March 31, 2011, in the amount of $38,244.19. Prison Health Services Inmate Health Care Invoice, FY 10-11. Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0009221 for the period from October 01, 2010 thru March 11, 2011, in the amount of $309,343.65. Renewal of Employee Basic Life, Supplemental Life, LTD and STD Insurance Benefits with ReliaStar (ING) Life Insurance Company. Consider staff recommendation to approve to renew the employee Basic Life Supplemental Life, Short -Term and Long -Term Disability Insurance coverage's with ReliaStar Life Insurance Company, a member of the ING family of companies. 4. Catastrophic Inmate Medical Insurance Policy Renewal Consider staff recommendation to approve to renew the OPTUM Catastrophic Inmate Medical Insurance Policy and authorization to pay the five month premium of $32,308.50 now and to pay the October 1, 2011 one-year premium based on a continued rate of $5.10 per in -mate per month when the premium billing is received. E. PLANNING & DEVELOPMENT SERVICES Airport Division: Terminal and Customs Apron Rehabilitation Project Consider staff to approve of AECOM Work Authorization No. 14 for professional engineering services for the St. Lucie County International Airport Terminal and Customs Apron Rehabilitation Project in the amount of $166,529, and authorization for the Chairman to sign documents as approved by the County Attorney. PARKS, RECREATION & FACILITIES Waiver of Facility Rental Fees for the 2011 Florida Police and Fire Games Consider staff recommendation to approve to waive $18,824 in facility rental fees for the 2011 Florida Police and Fire Games as outlined in the agenda memorandum. 2. Waiver of Facility and Bleacher Rental Fees for the 2011 WetFest and Approval to Sell Alcohol Consider staff recommendation to approve to waive $400 in facility rental fees and $350 in bleacher rental fees for the 2011 WetFest at Museum Pointe Park and approval to sell alcohol. 3. Award of Bid No. 11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building. Consider staff recommendation to approve to award Bid No. 11-023 to Paul Jacquin & Sons and authorization for the Chairman to sign documents as approved by the County Attorney. G. SHERIFF'S OFFICE Authorization to apply for the 2011 Paul Coverdell Forensic Science Grant Consider staff recommendation to authorize the application submission of the 2011 Paul Coverdell Forensic Science Grant with an award amount up to $175,000.00. 2. Authorization to apply for the 2011 COPS Hiring Program Grant. Consider staff recommendation to approve to authorize the application submission of the 2011 COPS Hiring Program Grant in the amount of $4,695,341.91. H. HOUSING & COMMUNITY SERVICES Community Services Division: Coast2Coast Rx Card Consider staff recommendation to approve to cancel the contract with NACo/Caremark and enter into an agreement with Coast2Coast Rx and authorize the Chairman to sign documents as approved by the County Attorney. 2. Federal Transit Administration (FTA) - State of Good Repair Grant FY10 Consider staff recommendation to approve acceptance of FTA 5309 FL-04-0127-00, approval of agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 11-089 and authorization for the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No.11-017 Pain Management Clinics Consider staff recommendation to approve Ordinance No. 11-017. B. COUNTY ATTORNEY Code Enforcement Case No. 67794-5960 Floyd Johnson Road., Fort Pierce, FL — Unsightly and Unsanitary Conditions, Unsafe Structure, and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety Consider staff recommendation to approve authorization for staff to abate the violations by clearing the debris, mowing the grass, boarding up on openings on the structure and securing the pool and placing a lien on the property for the cost. C. OFFICE OF MANAGEMENT & BUDGET Amendment to the fiscal year 2010-2011 budget Consider staff recommendation to approve of Budget Resolution No. 11-076 amending the fiscal year 2010-2011 budget. REGULAR AGENDA Vill. COUNTY ATTORNEY Applications of Grove Land Utilities, LLC and Bluefield Utilities, LLC to operate a Water and Wastewater Utility to provide services in a portion of St. Lucie County — Settlement Offer Consider staff recommendation to reject the settlement proposal and proceed to hearing. IX. PUBLIC WORKS Engineering Division: MCZ/Centrum Citrus Farms Mining Permit Application Update X. ANNOUNCEMENTS The Board of County Commissioners will hold a Special Work Session on Utilities on Tuesday, May 17, 2011 at 2:00 p.m. in Conference Room #3. 2. County offices will be closed on Monday, May 30, 2011 to observe Memorial Day. 3. The Board of County Commissioners will hold a Joint meeting with the Treasure Coast Education & Research Development Authority on Thursday, June 9, 2011 at 2:00 p.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, June 14, 2011 at 9:00 a.m. in Conference Room #3. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Chris Dzadovsky, Chairman District No.1 Tod Mowery, Vice Chair District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the April 19, 2011 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 30, 31, 32 and 33. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org Frannie Hutchinson, Chair District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 MINUTES Approve the minutes from the April 19, 2011 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31, 32 and 33. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. May 17, 2011 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 prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised, Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments, Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability, Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. May 17, 2011 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www..stlucieco.org ■l�\��� .. F �\���l,l„ [�t���ll���.. �l,l,� �����t,l�����I�iI����il���t��JW„ �G\��t��� Chris Craft, Chairman District No. 5 Chris Dzadovsky, Vice Chairman District No.1 Tod Mowery District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the May 3, 2011 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 11-090 — proclaiming Monday, May 30, 2011 as "Memorial Day" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 11-090 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 32 and 33. B. COUNTY ATTORNEY 1. Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates Consider staff recommendation to approve of Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates 2. Revocable License Agreement — James Babineau and Robin Chaloux — 5514 Eagle Drive — Holiday Pines Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct James Babineau and Robin Chaloux to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY 3. Replat of Lennard Road Square to be known as Elks Club Replat Consider staff recommendation to authorize the County Surveyor and the Chairman to execute the Elks Club Replat and forward the Plat to the City of Port St. Lucie for approval and recording in the Public Records of St. Lucie County. C. OFFICE OF MANAGEMENT & BUDGET Bid No. 11-013, Purchase and Installation of Guardrail Consider staff recommendation to approve to award Bid No.11-013, a pricing contract for the purchase and installation of guardrail, to the two lowest responsive and responsible bidders, Florida Youth Conservation Corps of Dade City and Southeast Guardrail of West Palm Beach, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Bid No. 11-015, Fire Sprinkler System Inspection, Testing and Maintenance Consider staff recommendation to approve to award Bid No. 11-015, Fire Sprinkler System Inspection, Testing and Maintenance, to Life Safety Systems of Fort Pierce and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the Capital asset inventory of various departments of St. Lucie County Board of County Commissioners. 4. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. 5. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Tax Collector's Office. 6. Request for Qualifications (RFQ) No. 11-007, Professional Engineering Services — Bridge Evaluation and Design Consider staff recommendation to approve of the short-listed firms for Professional Engineering Services — Bridge Evaluation and Design and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. D. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for March, 2011 Consider staff recommendation to authorize payment of Prison Health Services invoice number PHS0009197 for HIV medications for the FY-2011 period of March 01, 2011 through March 31, 2011, in the amount of $38,244.19. 2. Prison Health Services Inmate Health Care Invoice, FY 10-11. Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0009221 for the period from October 01, 2010 thru March 11, 2011, in the amount of $309,343.65. 3. Renewal of Employee Basic Life, Supplemental Life, LTD and STD Insurance Benefits with ReliaStar (ING) Life Insurance Company. Consider staff recommendation to approve to renew the employee Basic Life Supplemental Life, Short -Term and Long -Term Disability Insurance coverage's with ReliaStar Life Insurance Company, a member of the ING family of companies. 4. Catastrophic Inmate Medical Insurance Policy Renewal Consider staff recommendation to approve to renew the OPTUM Catastrophic Inmate Medical Insurance Policy and authorization to pay the five month premium of $32,308.50 now and to pay the October 1, 2011 one-year premium based on a continued rate of $5.10 per in -mate per month when the premium billing is received. E. PLANNING & DEVELOPMENT SERVICES Airport Division: Terminal and Customs Apron Rehabilitation Project Consider staff to approve of AECOM Work Authorization No. 14 for professional engineering services for the St. Lucie County International Airport Terminal and Customs Apron Rehabilitation Project in the amount of $166,529, and authorization for the Chairman to sign documents as approved by the County Attorney. F. PARKS, RECREATION & FACILITIES Waiver of Facility Rental Fees for the 2011 Florida Police and Fire Games Consider staff recommendation to approve to waive $18,824 in facility rental fees for the 2011 Florida Police and Fire Games as outlined in the agenda memorandum. 2. Waiver of Facility and Bleacher Rental Fees for the 2011 WetFest and Approval to Sell Alcohol Consider staff recommendation to approve to waive $400 in facility rental fees and $350 in bleacher rental fees for the 2011 WetFest at Museum Pointe Park and approval to sell alcohol. 3. Award of Bid No. 11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building. Consider staff recommendation to approve to award Bid No. 11-023 to Paul Jacquin & Sons and authorization for the Chairman to sign documents as approved by the County Attorney. G. SHERIFF'S OFFICE 1. Authorization to apply for the 2011 Paul Coverdell Forensic Science Grant Consider staff recommendation to authorize the application submission of the 2011 Paul Coverdell Forensic Science Grant with an award amount up to $175,000.00. 2. Authorization to apply for the 2011 COPS Hiring Program Grant. Consider staff recommendation to approve to authorize the application submission of the 2011 COPS Hiring Program Grant in the amount of $4,695,341.91. H. HOUSING & COMMUNITY SERVICES Community Services Division: Coast2Coast Rx Card Consider staff recommendation to approve to cancel the contract with NACo/Caremark and enter into an agreement with Coast2Coast Rx and authorize the Chairman to sign documents as approved by the County Attorney. Federal Transit Administration (FTA) - State of Good Repair Grant FY10 Consider staff recommendation to approve acceptance of FTA 5309 FL-04-0127-00, approval of agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 11-089 and authorization for the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. COUNTYATTORNEY Ordinance No.11-017 Pain Management Clinics Consider staff recommendation to approve Ordinance No. 11-017. B. COUNTY ATTORNEY Code Enforcement Case No. 67794-5960 Floyd Johnson Road., Fort Pierce, FL — Unsightly and Unsanitary Conditions, Unsafe Structure, and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety Consider staff recommendation to approve authorization for staff to abate the violations by clearing the debris, mowing the grass, boarding up on openings on the structure and securing the pool and placing a lien on the property for the cost. C. OFFICE OF MANAGEMENT & BUDGET Amendment to the fiscal year 2010-2011 budget Consider staff recommendation to approve of Budget Resolution No. 11-076 amending the fiscal year 2010-2011 budget. REGULAR AGENDA VIII. COUNTY ATTORNEY Applications of Grove Land Utilities, LLC and Bluefield Utilities, LLC to operate a Water and Wastewater Utility to provide services in a portion of St. Lucie County — Settlement Offer Consider staff recommendation to reject the settlement proposal and proceed to hearing. IX. PUBLIC WORKS Engineering Division: MCZ/Centrum Citrus Farms Mining Permit Application Update X. ANNOUNCEMENTS The Board of County Commissioners will hold a Special Work Session on Utilities on Tuesday, May 17, 2011 at 2:00 p.m. in Conference Room #3. 2. County offices will be closed on Monday, May 30, 2011 to observe Memorial Day. 3. The Board of County Commissioners will hold a Joint meeting with the Treasure Coast Education & Research Development Authority on Thursday, June 9, 2011 at 2:00 p.m. at the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, June 14, 2011 at 9:00 a.m. in Conference Room #3. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Chris Dzadovsky, Chairman District No.1 Tod Mowery, Vice Chair District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the April 19, 2011 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 30, 31, 32 and 33. 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 www.co.st•lucie.fl.us www.stlucieco.org Frannie Hutchinson, Chair District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 MINUTES Approve the minutes from the April 19, 2011 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31, 32 and 33. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 3, 2011 Convened: 6:00 p.m. Adjourned: 7:00 p.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Tod Mowery, Chris Dzadovsky (absent) Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Waldie, Utilities Director, Todd Cox, Airport Manager, Jack Southard, Public Safety/IT Director, Mark Satterlee, Planning/Devel. Services Director, Millie Delgado -Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 19, 2011 meeting. It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve the minutes of the meeting held April 19, 2011, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No.11-060 — "National Safe Boating Week" Consider staff recommendation to adopt Resolution No.11-060 as drafted. It was moved by Com. Hutchinson, seconded by Com. Lewis, to adopt Resolution No.11-060, and; upon roll call, motion carried unanimously. Mr. Joseph 0. Walsh, Master Chief Petty Officer US Coast Guard, was present to accept the proclamation. B. COUNTY ATTORNEY Resolution No. 11-084 — proclaiming the month of May 2011 as "Stroke Awareness Month" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 11-084 as drafted. It was moved by Com. Mowery, seconded by Com. Lewis, to adopt Resolution No. 11-084, and; upon roll call, motion carried unanimously. Mr. Roy Tringa, Visiting Nurse Association and Mr. Mike Claus, stroke survivor, were present to accept the proclamation. C. COUNTY ATTORNEY Resolution No. 11-086 -"Travel and Tourism Week" Consider staff recommendation to adopt Resolution No. 11-086 as drafted. 1 It was moved by Com. Lewis, seconded . by Com. Mowery, to adopt Resolution No. 11-086, and; upon roll call, motion carried unanimously. Ms. Michelle Valvano, TDC member was present to accept the proclamation. D. COUNTY ATTORNEY Resolution No.11-085 - "National Community Action Month" Consider staff recommendation to adopt Resolution No.11-085 as drafted. It was moved by Com. Hutchinson, seconded by Com. Lewis, to adopt Resolution No.11-085, and; upon roll call, motion carried unanimously. Ms. Barbara Mason -Gardiner, Chair of the Treasure Coast Community Action Committee, was present to accept the proclamation. E. COUNTY ATTORNEY Resolution No.11-087 "Foster Care Month - May 201 V Consider staff recommendation to adopt Resolution No.11-087 as drafted. It was moved by Com. Lewis, seconded by Com. Mowery, to adopt Resolution No. 11-087, and; upon roll call, motion carried unanimously. Ms. Janet Steward, Foster Care Recruiter Hibiscus Children's Center was present to accept the proclamation. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board and read a letter he had mailed to the Army Corps of Engineers in the year 2003 regarding his concerns with the jetty of Ft. Pierce and the beach areas. VI. CONSENT AGENDA Com. Mowery requested item 6-C be pulled for separate discussion and vote. It was moved by Com. Mowery, seconded by Com. Lewis, to approve the balance of the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved warrant list No. 30 and 31. B. COUNTY ATTORNEY Approval of Budget Resolution No. 11-083 allowing the County to recognize revenue from interest earned on the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant. The Board approved the Budget Resolution No. 11-083 allowing the County to recognize the interest earned on grant funds in the amount of $8,023.64, and once approved these funds will be added to the Mental Health Court expense category. 2. Bear Point Mitigation Bank — Credit Reservation Agreement with City of Port St. Lucie for Crosstown Parkway Extension The Board approved the proposed Bear Point Mitigation Bank Credit Reservation Agreement with the City of Port St. Lucie, and authorized the Chairman to sign the agreement. 1 04/21/11 FZABWARR FUND TITLE 001 001009 001113 001194 001512 001517 001518 001529 001531 101 101002 101003 101004 102 102001 102812 107 107001 107003 107005 107006 107206 129801 130102 140 140001 140358 162 183 183001 183004 183006 190 216 310001 310005 316 316001 362300 401 418 451 471 491 505 505001 611 665 ST. LUCIE COUN-lr-T-- BOARD WARRANT LIST *30- 16-APR-2011 TO 21-APR-2011 FUND SUMMARY General Fund Gen -One Time Funding CDBG Supp Disaster Recovery Subgran U.S. Dept of Housing & Community Neighborhood Stabilization Program HUD Shelter Plus Care Section 112/MPO/FHWA/Planning CSBG FY 2011 US DHHS Earned Income Tax .Cr 10/11 Transportation Trust Fund . Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology. FDCF Criminal Justice, Mental Healt FIND Stam Blum Restrooms Phase II FTA 5307-ARRA 2009 Capital Projects Airport Fund Port Fund FDOT Update Master Drainage Plan Tourism Dev-5th Cent Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Sports Complex Fund County Capital I&S Impact Fees -Library Impact Fees -Law Enforcement County Capital 5th Cent Fuel -Capital FDOT Airport Terminal Renovations Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund SLC Art in Public Places Trust Fund 11 EXPENSES 90,487.83 168,401.50 1,000.00 5,415.10 3,504.67 9,868.00 608.54 2,200.80 6,537.00 22.53 24,925.33 8,926.12 13,910.24 1,544.97 42,087.70 1,147.50 85,311.44 814.41 3,733.42 8,888.59 12,353.74 17,,650.64 12,000.00 660.48 6,353.14 148.80 577.00 7, 632.08 1,058.27 140.00 1,398.47 204.25 3,947.76 1,202.00 363.04 3,607.50 5,427.65 171,895.98 2,090.30 65,001.25 37,643.79 228.14 12,451.19 554.54 4,391.56 6,990.00 248.85 13,209.50 PAGE PAYROLL 30,054.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,633.70 0.00 0.00 0.00 1 04/29/11 - FZABWARR FUND TITLE 001 001113 001444 001445 001509 001512 001516 001518 001519 001523 001529 001531 001534 001536 101 101001 101002 101003 101004 101006 102 102001 102812 107 107001 107002 107004 107006 107167 129 130102 130109 140 150 160 183 183004 183006 185010. 185011 187 189100 189101 189102 190 216 310001 310002 ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 22-APR-2011 TO 29-APR-2011 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FCTD-Planning Grant FY10-11 Emer. Mgmt Prep. (EMPA) FY11 US Dept of Housing CDBG 09 Neighborhood Stabilization Program Homeland Security -Issue 10 Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery Emer Mgmt Prep & Assis FY11 (EMPG) CSBG FY 2011 US DHHS Earned Income Tax Cr 10/11 Metropolitan Planning/Section 5303 FL Energy & Climate Comm Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Driver's Ed Safety F&F Fund -Court Related Technology Edward Byrne Mem JAG 2010. Local Sol Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5307 Capital and Operating Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Boating Improvement Projects Home Consortium Home Consortium FY 2008 Home Consortium 2009 Sports Complex Fund County Capital I&S Impact Fees -Library Impact Fees -Parks EXPENSES 342,127.55 7.34 44.89 2,129.25 1,013.28 3,585.47 209.95 17,243.57 84,722.59 574.42 147.76 2,636.92 103.68 10,125.00 3,354.75 94.67 32,140.99 13,250.56 3,947.38 2,487.05 34,156.51 38,:999.18 598.75 24,486.42 88.08 88.08 218,515.00 773.31 34,830.02 109,127.75 1,971.12 159.56 3,433.96 116.52 22,555.85 261.19 1,637.18 1,477.00 435.59 5.34 500.00 10,450.00 6.31 132.62 26,986.82 1,202.00 610.39 6,986.97 PAGE PAYROLL 456,230.27 0.00 514.47 0.00 0.00 2,464.91 0.00 8,024.91 1,896.50 0.00 1,931.45 0.00 1,355.47 0.00 32,914.18 1,237.61 44,456.19 14,080.71 15,738.66 0.00 65,189.44 10,789.60 7,827.07 140,350.68 1,122.83 1,122.83 0.00 8,736.95 0.00 0.00 0.00 2,085.83 11,472.17 1,523.20 3,110.46 3,105.65 4,813.12 0.00 0.00 0.00 0.00 0.00 0.00 1,733.41 18,283.22 0.00 0.00 0.00 E1 3. 2011 Economic Development Exemption Application - J.J. Taylor Distributing Florida, Inc.; Ordinance No.11-019 The Board accepted the report of the Property Appraiser and granted permission to advertise Ordinance No. 11-019 for a public hearing on June 7, 2011, at 6:00 p.m. or as soon thereafter as the item may be heard. C. PUBLIC SAFTEY & COMMUNICATIONS Professional Services Agreement with the Treasure Coast Regional Planning Council for the development of Phase II, Post -Disaster Redevelopment Plan This item was pulled for separate discussion and vote. D. PLANNING & DEVELOPMENT SERVICES Bid No. 11-010; Taxiways A & B Rehabilitation Conditional Award The Board approved to conditionally award Bid No. 11-010, Rehabilitate Taxiway A & B Rehabilitation, to the lowest responsible bidder, Ranger Construction, approved the project budget pending receipt of FAA and FDOT grant funds and authorized the Chairman to sign documents as approved by the County Attorney. E. TRANSPORTATION PLANNING ORGANIZATION Resolution No.11-073, Budget Amendment The Board approved Resolution No.11-073 to amend the County budget in the amount of $72,350 for receipt of the grant funds on behalf of the TPO. F. PARKS AND RECREATION Department of Corrections Inmate Labor Contract The Board approved the Department of Corrections Inmate Labor contract as outlined in the agenda memorandum and authorized the Chairman to sign the documents as approved by the County Attorney. G. HUMAN RESOURCES Job Reclassification of the Solid Waste Fiscal Specialist Position The Board approved to reclassify the position of Solid Waste Fiscal Specialist to Scale Operations Coordinator and approved the Scale Operations Coordinator job description. Addition to Consent: Com. Mowery's request to ratify his appointment to the SLC Affordable Housing Advisory Committee. The Board ratified Com. Mowery's appointment, Mr. Joe Dramis, to the SLC Affordable Housing Advisory Committee. Consent Item pulled for discussion C. PUBLIC SAFTEY & COMMUNICATIONS Professional Services Agreement with the Treasure Coast Regional Planning Council for the development of Phase II, Post -Disaster Redevelopment Plan Com. Mowery questioned how many phases there are for this project and how many have been completed. He also asked if the plan could be done by in-house staff. The Public Safety Director advised the Board there are two phases to this project and this was the last phase. He also stated the plan would take us beyond what had been done previously when 3 the hurricanes hit. He does not believe it can be done by in-house staff since it requires expertise in the field. Com. Craft stated this would mesh together with the existing plan. Com. Mowery indicated he is struggling with the cost of the redevelopment plan and would have difficulty in supporting it tonight. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Mowery; Aye's: Lewis, Hutchinson, Craft, motion carried by a vote of 3 to 1 (Com. Dzadovsky absent). VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No.11-014 — Surplus Property Ordinance Consider staff recommendation to approve Ordinance No.11-014. It was moved by Com. Mowery, seconded by Com. Lewis, to approve Ordinance No. 11-014, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Ordinance No.11-016 — Art in Public Places Consider staff recommendation to approve Ordinance No.11-016. Mr. Bob Russell, 1402 Nebraska Ave., Ft. Pierce addressed the Board and stated he was a big proponent of the Arts and the Cultural Affairs in our county and he endorsed the transfer of the funds to the Arts Cultural Alliance. He also stated he applauded the goal to re -instate the program earlier than the 24 month period of suspension. Com. Craft addressed the suspension of the ordinance for the 24 month period and stated he wished for everyone to know it was only being suspended for this period not being repealed. Com. Hutchinson asked if there would be a possibility of indicating somewhere in the ordinance that if they could reinstate it prior to the 24 months they would have the ability to do so. The County Attorney indicated they could place language in the ordinance indicating the time could be modified upon Board approval or something to that affect. The Board concurred. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Ordinance No.11-016 as amended, and; upon roll call, motion carried unanimously. C. PLANNING & DEVELOPMENT REVIEW Ordinance No. 11-012 — Florida Power & Light (FPL) Company Land Development Code Text Amendment Consider staff recommendation to approve to schedule the second required hearing for May 17, 2011 at 9:00 a.m. or soon thereafter as possible for Ordinance No. 11-012 to include meteorological towers as permitted temporary structures in the AG-5 (Agricultural-5) zoning district. Staff advised the Board the petitioner requested a continuance of this public hearing for July 5, 2011 at 6:00 p.m. or as soon thereafter as it may be heard. It was moved by Com. Mowery, seconded by Com. Hutchinson, to continue the public hearing on July 5, 2011 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. D. COUNTY ATTORNEY 0 Ordinance No.11-017 — Pain Management Clinics This is the first of two public hearings. The second public hearing will take place on May 17, 2011, at 9:00 a.m. or as soon thereafter as may be heard. Chief Wilson of the St. Lucie County Sheriffs office addressed the Board and thanked them for their support in drafting this ordinance. He advised the Board the county has had 8 deaths due to overdose of prescribed medications. He also indicated that the jail is experiencing inmates with this type of medical issues and that this problem has an impact on the taxpayers of St. Lucie County. No action necessary this is the first of two public hearings. E. COUNTY ATTORNEY Ordinance No. 11-010 — Creating Chapter 1-15.5 (Pawnbrokers and Secondhand Dealers) to Establish New Record Keeping and Holding Period Requirements for Pawnbrokers and Secondhand Dealers Consider staff recommendation to adopt proposed Ordinance No. 11-010 as drafted. Staff advised the Board the attorney for the Pawnbrokers Association had requested a continuation of the public hearing. It was moved by Com. Mowery, seconded by Com. Lewis, to continue the public hearing on June 7, 2011 at 6:00 p.m. or as soon thereafter as it may be heard, 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 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV -A DATE: May 17, 2011 REGULAR [x ) PUBLIC HEARING [ CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 11-090 - proclaiming Monday, May 30, 2011 as "MEMORIAL DAY" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim Monday, May 30, 2011 as "MEMORIAL DAY" in St. Lucie County, Florida. The attached Resolution No. 11-090 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 11-090 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals X Count Attorney: [] Y Y Daniel S. McIntyre Resolution 11-090 A RESOLUTION PROCLAIMING MONDAY, MAY 30, 2011 BE OBSERVED AS "MEMORIAL DAY" IN ST. LUCIE COUNTY, FLORIDA AND ASK THAT ALL UNITED STATES FLAGS BE FLOWN AT HALF- STAFF IN HONOR AND REMEMBRANCE OF THOSE BRAVE MEN AND WOMEN WHO HAVE SERVED OUR COUNTRY IN THE PAST AND THOSE WHO SERVE TODAY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. America's sons and daughters have given their lives in service to our country since the nation was founded. Americans from all backgrounds and corners of our country serve with valor, courage, and distinction in the United States Armed Forces. 3. The historical origins of Memorial Day began afterthe Civil Warwhen towns decorated the graves of soldiers who had died and Memorial Day was celebrated forthe first time on May 5, 1866. 4. It is important to remember those who fought and died for our freedom, and to express our gratitude and respect to their families. 5. Friends and families of those lost, seek peace and may find comfort in knowingtheir loved ones died with honor. 6. It is important for all Americans to uphold the founding principles protected bythose who died; let their legacy to continue to inspire our Nation; and to let this solemn lesson of service continue with future generations. 7. Americans pause each year on Memorial Day to remember and pay tribute to our military service members who have made the ultimate sacrifice, so thatwe may enjoythe blessings of peace and freedom. 8. On Memorial Day, we honor fallen soldiers, their commitment to our country, and their legacy of patriotism and sacrifice. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim Monday, May 30, 2011, as "MEMORIAL DAY" in St. Lucie County, Florida. 2. The board urges the citizens of St. Lucie County to participate in the community activities that will be honoring those who have been lost in the line of duty. PASSED AND DULY ADOPTED this 17T" day of May, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 05/05/11 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST *32- 30-APR-2011 TO 05-MAY-2011 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 2,270,060.80 5,800.00 001113 CDBG Supp Disaster Recovery Subgran 33,633.25 0.00 001190 FTA Sec 5307 - Buses 05/06 2,625.36 0.00 001444 FCTD-Planning Grant FY10-11 133.77 0.00 001445 Emer. Mgmt Prep. (EMPA) FY11 2,1B7.50 0.00 001512 Neighborhood Stabilization Program 1,548.58 0.00 00151E Section 112/MPO/FHWA/Planning 3,012.54 0.00 001519 CDBG FY 2008 Disaster Recovery 39,252.7E 0.00 001523 Emer Mgmt Prep & Assis FY11 (EMPG) 86.36 0.00 001529 CSBG FY 2011 1,170.73 0.00 001534 Metropolitan Planning/Section 5303 254.37 0.00 101 Transportation Trust Fund 10,953.80 0.00 101001 Transportation Trust Interlocals 399.87 0.00 101002 Transportation Trust/80% Constitut 31,370.93 0.00 101003 Transportation Trust/Local Option 26,928.11 0.00 101004 Transportation Trust/County Fuel Tx 11,161.27 0.00 101006 Transportation Trust/Impact Fees 126,172.13 0.00 101112 FHWA FDOT Walton Road Widening 486,938.56 0.00 102 Unincorporated Services Fund 21,424.33 0.00 102001 Drainage Maintenance MSTU 22,831.55 0.00 102812 Paradise Park Stormwater Ph 3 4,045.21 0.00 104 Grants & Donations Fund 92,612.00 0.00 107 Fine & Forfeiture Fund 3,707,576.59 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 359.81 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 3,434.22 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 29,214.34 0.00 107006 F&F Fund -Court Related Technology 6,301.68 0.00 107206 FDCF Criminal Justice, Mental Healt 573.42 0.00 III River Park I Fund 2,849.69 0.00 112 River Park II Fund 614.65 0.00 113 Harmony Heights 3 Fund 235.48 0.00 114 Harmony Heights 4 Fund 517.10 0.00 116 Sunland Gardens Fund 576.01 0.00 117 Sunrise Park Fund 143.26 0.00 119 Holiday Pines Fund 880.53 0.00 120 The Grove Fund 181.03 0.00 122 Indian River Estates Fund 1,018.90 0.00 123 Queens Cove Lighting Dist#13 Fund 363.53 0.00 126 Southern Oak Estates Lighting 126.28 0.00 127 Pine Hollow Street Lighting MSTU 383.16 0.00 12B Kings Hwy Industrial Park Lighting 509.51 0.00 130 SLC Public Transit MSTU 44,847.04 0.00 130101 FTA Operating and Capital Assist 63,066.55 0.00 130104 FTA 5317 New Freedom Enhanced Servi 8,982.25 0.00 130107 FTA 5311 Block Grant 9,698.31 0.00 130109 FTA 5307 Capital and Operating 108,052.90 0.00 130210 FDOT 5311 Block Grant 45,492.65 0.00 136 Monte Carlo Lighting MSTU$4 Fund 1,784.56 0.00 05/05/11 FZABWARR FUND TITLE 138 139 140 140368 150 160 183 183001 183004 189101 189102 190 310001 310005 316 396 397 398 401 418 451 458 471 478 479 491 505 505001 606 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #32- 30-APR-2011 TO 05-MAY-2011 FUND SUMMARY Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund FDOT - Taxiway C Rehabilitation Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Home Consortium FY 2008 Home Consortium 2009 Sports Complex Fund Impact Fees -Library Impact Fees -Law Enforcement County Capital Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash -Property Appraiser Tourist Development Trust-Adv Fund Law Library Bank Fund EXPENSES 261.16 767.80 5,940.54 6,158.11 492.15 1,359.03 2,242.90 460.00 2,322.78 6.31 560.08 39,711.36 12,100.10 17,482.50 44,671.38 50,420.07 10,977.50 3,545.96 552,995.96 10,017.73 24,857.23 214.93 30,973.93 2,456.09 340.90 5,036.53 1,470.60 9,316.22 1, 000, 000.00 614.22 725.00 25,249.51 9,090,335.23 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,633.70 0.00 0.00 0.00 0.00 0.00 7,433.70 05/13/11 FZABWARR FUND TITLE 001 001113 001194 001444 001445 001512 001516 001517 001518 001519 001523 001529 001531 001532 001534 001536 101 101001 101002 101003 101004 101006 102 102001 102812 107 107001 107002 107003 107006 115 118 121 129 130102 130109 140 140001 140353 140369 150 160 181 183 183001 183004 183006 184216 ST. LUCIE COUNTY - BOARD WARRANT LIST *33- 06-MAY-2011 TO 13-MAY-2011 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran U.S. Dept of Housing & Community FCTD-Planning Grant FY10-ll Emer. Mgmt Prep. (EMPA) FY11 Neighborhood Stabilization Program Homeland Security -Issue 10 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery Emer Mgmt Prep & Assis FY11 (EMPG) CSBG FY 2011 US DHHS Earned Income Tax Cr 10/11 Homeland Security -Issue 11 Metropolitan Planning/Section 5303 FL Energy & Climate Comm Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund -BOO Mhz Oper F&F Fund -Court Related Technology Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5307 Capital and Operating Airport Fund Port Fund Taylor Creek New Spoil Site FDOT Taylor Crk Perm. Spoil Site Co Impact Fee Collections Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP S SLC Beach Restoration EXPENSES 431,279.51 101,756.01 4,447.10 7B.56 7,245.11 8,668.57 292.12 8,843.00 17,963.12 860.51 10,069.75. 6,529.72 1,400.00 1,212.54 80.75 4,125.00 3,238.03 B4.47 83,296.31 14,245.56 9,724.14 8,749.55 .7,914.94 85,659.45 10,948.74 130,411.16 20,449.32 85.81 130.22 18,151.47 595.48 823.00 90.87 7,820.00 1,310.64 150.40 10,722.42 6.26 61300.00 3,510.00 109.12 2,389.33 1,194.00 10,935.22 360.00 1,754.47 1,035.69 147,466.52 PAGE PAYROLL 457,592.67 0.00 0.00 1,039.35 0.00 2,464.91 0.00 0.00 7,786.28 1,896.51 0.00 2,162.03 0.00 0.00 1,069.22 0.00 33,160.45 1,237.60 41,472.90 14,115.50 15,660.81 0.00 65,748.48 11,757.06 7,954.05 137,985.39 1,122.83 1,122.83 0.00 8,736.95 0.00 0.00 0.00 0.00 0.00 2,085.B3 11,472.16 0.00 0.00 0.00 1,523.20 3,110.46 0.00 3,105.65 0.00 4,813.12 0.00 0.00 05/13/11 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR FUND TITLE WARRANT LIST #33- 06-MAY-2011 TO 13-MAY-2011 FUND SUMMARY IB5010 FHFA SHIP 2008/2009 189100 Home Consortium 1B9101 Home Consortium FY 2008 189102 Home Consortium 2009 190 Sports Complex Fund 250 Capital Projects I&S 262 Tourism Dev 4th Cent I&S Fund 295 River Branch I&S Fund 310001 Impact Fees -Library 316 County Capital 316802 FIND Stan Blum Boat Ramp 31B County Capital -Transportation Bond 401 Sanitary Landfill Fund 41B Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util-Renewal & Replacement Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 6B1 King Orange 2 682 Skylark 2 683 Revels Lane 1 689 Rouse Road MSBU 690 Treasure Cove/Ocean Harbor S MSBU 801 Bank Fund EXPENSES PAYROLL 86.74 0.00 2,745.00 0.00 762.80 0.00 128.69 1,733.41 33,466.88 18,367.27 80,959.48 0.00 419,616.95 O.DO 2,082.62 0.00 21,467.11 0.00 130,981.05 0.00 1,098.00 0.00 36,B21.61 0.00 211,041.69 50,828.14 8,889.48 16,415.47 1,489.12 4,523.B6 48.44 665.15 76,627.29 7,131.98 88.22 1,213.09 77.12 1,045.91 1,573.05 15,004.78 266,199.13 1,186.40 368.84 4,929.37 1,102.66 1,901.01 314.58 0.00 4,916.03 0.00 3,712.11 0.00 6,220.29 0.00 1,304.08 0.00 3,606.05 0.00 184,66B.75 0.00 GRAND TOTAL: 2,696,977.82 965,142.08 r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-1 DATE: 05/17/11 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney ( X ) SUBMITTED BY: County Attorney SUBJECT: Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates BACKGROUND: See CA11-428 FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board approved the Road Improvement Agreement on May 26. 2006 Board approved the First Amendment on August 21 2007 RECOMMENDATION: Staff recommends approval of Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( x) OMB Director ( ) Budget Analyst Daniel S. McIntyre (Name) (Name) (Name) ERD ( ) (Name) COUNTY ATTORNEY iT+"r TO: Board of County Commissioners MEMORANDUM FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA11-428 DATE: May 17, 2011 SUBJECT: Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates ITEM NO. VI-B-1 Background: Regions Bank has foreclosed on the property known as Carriage Pointe Estates and is in the process of completing the required off -site improvements. Regions Bank has requested an extension of the Road Improvement Agreement until October 31, 2011. Recommendation: Staff recommends approval of Second Amendment and Assignment of Road Improvement Agreement with Regions Bank for Carriage Pointe Estates. Respectfully submitted, Bather �Sperrazza Lueke Assistant County Attorney SECOND AMENDMENT AND ASSIGNMENT TO MAY 23, 2006 ROAD IMPROVEMENT AGREEMENT CARRIAGE POINTE ESTATES THIS SECOND AMENDMENT AND ASSIGNMENT is entered into this day of 2011, by and between REGIONS BANK (the "Developer") and ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer and the County entered into a Road Improvement Agreement on May 23, 2006; and WHEREAS, on August 21, 2007, the parties entered into a First Amendment, extending the time to complete the improvements to October 31, 2007 due to unforeseen circumstances; and WHEREAS, Regions Bank is now the owner of the property; and WHEREAS, the parties agree that the Agreement should be further amended to reflect the new ownership and extend the completion date. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Regions Bank acknowledges that it is the new owner of the property known as "Carriage Point" and accepts assignment of the Road Improvement Agreement. Regions Bank hereby agrees to assume, perform and discharge all duties, liabilities and obligations of as set forth in the Agreement, as amended. 2. Paragraph 2 of the May 23, 2006 Road Improvement Agreement is amended to read as follows: 2. COMPLETION OF REQUIRED ROAD IMPROVEMENTS/ OWNERSHIP. The Developer agrees to provide the County Attorney a construction schedule, in calendar days, which guarantees the completion of the Improvements for the above referenced development on aforestated County rights -of -way, as submitted by the Developer's engineer and approved by the County Engineer. The Developer shall guarantee completion of the Improvements on or before October 31, 2011. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, The Wantman Group Inc., dated May 3, 2006. Upon completion, the ownership of the Improvements shall be conveyed to the County by Bill of Sale free and clear of all liens and encumbrances. 5:\ATTY\AGREEMNT\SHELBY HOMES -CARRIAGE 2A.DOC_)1_ 3. Paragraph 7 of the May 23, 2006 Agreement shall be amencled to read as follows: 7. FAILURE TO COMPLETE IMPROVEME NTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed on or before October 31, 2011, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement. In the event of Developer=s failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvernents shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. 4. Except as amended herein, the remaining terms and conditions of the May 23, 2006 Agreement shall remain in full force and effect. ATTEST: BOARD Of COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney REGIONS BANK WITNESSES: C.\DOCUME-1\F020105\LOCAL5-1\TEMP\NOTESEA3121) MELBY ►•rOME5-CARRIAGE 2A.D0CX 40 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement James Babineau and Robin Chaloux 5514 Eagle Drive Holiday Pines BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See Attached Memorandum 01/c1 ITEM NO: VI-B-2 DATE: May 17, 2011 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct James Babineau and Robin Chaloux to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator f' Review and Approvals [x] County Attorney: „� [x] Road and Bridge: [x] Public Works: Daniel McIntyre Don Pauley Don West [x] Originating Dept: JKL [x] Engineering: Purchasing: JoAnn Riley Mike Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: May 17, 2011 SUBJECT: Revocable License Agreement James Babineau and Robin Chaloux 5514 Eagle Drive Holiday Pines BACKGROUND: James Babineau and Robin Chaloux request permission to install a fence in the County's Drainage and Utility Easement at the rear of their property in Holiday Pines. Staff has approved the Revocable License Agreement with the understanding if the encroachment causes any flooding, utilities need to be installed or for any reason, the property owners must move the fence at their own expense. James Babineau and Robin Chaloux have signed this Revocable License Agreement with this understanding. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct James Babineau and Robin Chaloux to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, o Ann Riley Property Acquisition Manager Ni PROPERTY LOCATION .r L an IOC. 115 162 163 �r h ion 104 tl7 3 26 on II'. 105 14 7 15f 20 jV 6773f: 6 Vp 7a P ,fin 30 Ian 7, n 11 TI 7i tE Y 7 7 173 1F 0 d9 d; 3 176 3e 62 TO 36 4 767 7 f3 176 uL�/ IZ 3G PA Co 170 ,80 37 e5 18i i7 65 IV. 133 1a:: 10 0 3a 0i art An 53 87 40 6 fit 120 41 at: 7 at 42 117 E � 43 116 V 9e „ 119 5 44 9t 68 116 4 .,5 67 �� 3 c3 114 147 4> 146 e 94 8 tT 113 uu it5 4e 5,1 05 149 CC 40 53 111 160 1'1 y�kk143 5? 97 }S; rat Ul 110 0 152 109 0 t4t 124 r�, fu3 273 •�.,. 106 163 130 2T1 f0) NO c0 1U6 101 t0 164 mi Ot 130 203 102 156 13:. 0� 13a 204 ir'� IIU 160 `�G� Ify1 13c r 5G 13? 109 1E3 ,68 i67 US i,V' 134 a i-, . 201 tdt 35r, W.. fi> •"•' 267 306 '7 136 ISO: ` z00 + 166 fO1 3a9 17, Jai, W, d2d 372 371 870 Mg i,2 a rr g6 I no St, luaa County makes no warrmly, mpresanlation of guaranty oe to the mnbnl, eaquenca, accuracy, limUinesq or completeneso of my of the geodalo Informodm pmlded herein. The render should not rely on the data proykad herein fat ony,.a.a. St. Lucie Counly-plielay disaaires any repreaantadons and wanmllea,including. without lcaimllon, the Implied 0 0.01 0.02 0.04 0.06 0.06 ramiee of an —her, obliny and filnaaa for a ps,6miar purpose. St Luce County ehall eswma ne liability tor: 1. Any aners, ornlodons, or insocureolae In the MIIP.S nrmadea proy fokjad r.gwdletes of how coused; or 2. Any deuteron —do or aaron token or not lot by any parson in fallen- upon any Information or data lurttlobed heraundor. 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 , 2011, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and JAMES BABINEAU and ROBIN CHALOUX whose address is 5514 Eagle Drive, FL 34951 (the "Owner"). WHEREAS, the Owner owns the property described as follows: Holiday Pines S/D Phase 1 — Lot 92 WHEREAS, the Owner has requested a Revocable License Agreement for a six (6) foot high wood fence within the County's rear and side easements. Exhibit A WHEREAS, the County is willing to permit the Owner to encroach in the County's easements for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's easement. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the County's easement. The owner agrees that if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding or drainage problems or other needs in the area and the fence needs to be removed or relocated, the owner will do so at the Owner's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence in the County's easements. 4. The Owner shall maintain the easement along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health Department Standards. The fence shall not interfere with County use of the easement and any damage to the County's easements shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner'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. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easements by the County or Utilities Department. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: James Babineau and Robin Chaloux 5514 Eagle Drive Fort Pierce, FL 34951 With Copies to: County Attorney 2300 Virginia Avenue, 3rd 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. 13. As consideration for the County granting this Revocable License Agreement the Owner 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 property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESS.~ Witn " v Witness ' nn t Witness Witness - J STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ROBIN CIiALOUX The foregoing instrument was acknowledgedbefore me this day of d�k�r;20I 1, by DAMES BABMAU and ROBIN QRALOUX who produced bA tEl (type of identification) and who did tnlce an oath WITNESS my hand and official seal, this .gi 1� day of . dl 2011. My commission expires: Sign lure otary JOSEPH T. I.EGEIN, III Notoy Publ'u; Commanweatih of Massachus ft MY Commission Exp. Dec. 23, 2016 a V �M W v1 ifwi Ot �� P a "z1` O J FYa R� ' •� � ••✓:ilk• • L-- ` �` \\V\.- �� yQ �Mahh EXHIBIT .0 3 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-3 DATE: May 17, 2011 REGULAR [ ] PUBLIC HEARING( ] CONSENT [x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Replat of Lennard Road Square to be known as Elks Club Replat BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 10, 1993 - Community Development Administrator approved CD-93-011 granting site plan approval for a project known a Lennard Road Square 5/D. May 24, 1994 - Board of County Commissioners approved the plat of Lennard Road Square. RECOMMENDATION: Staff recommends that the Board authorize the County Surveyor and the Chairman execute the Elks Club Replat and forward the Plat to the City of Port 5t. Lucie for approval and recording in the Public Records of St. Lucie County. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: [x]County Attorney: Daniel S. McIntyre [x] Originating Dept.: JM(L JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Public Works: [x] County Engineer: Id Don WeS I Michael Powley [x] Road & Bridg [x] County Surveyor: Don Pauley Ron Harris 5:\ACQ\WP\JoAnn\Abandonments\Lennard Road Square Drainage Easement\Agenda Requestmpd INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: May 17, 2011 SUBJECT: Replat of Lennard Road Square to be known as Elks Club Replat BACKGROUND: On September 10, 1993, the Community Development Administrator approved 0-93-011 granting site plan approval for a project known a Lennard Road Square S/D, On May 24, 1994, the Board of County Commissioners approved the plat of Lennard Road Square. The Property Acquisition Division received a request from Culpepper & Terpening on behalf of their client, the City of Port St. Lucie, requesting the Board of County Commissioners consent to the replat of Lennard Road Square and the abandonment of the 40' Drainage Easement. The City of Port St. Lucie purchased the surrounding 15.95 +/- acres in December 2009, April 2010 and July 2010. No other land owner would be affected and no other entity has rights to the Drainage Easement other than the County. The City is creating a retention area to address drainage issues within the area shown on the attached construction plans. We have also attached a copy of the proposed replat for your review and approval. RECOMMENDATION: Staff recommends that the Board authorize the County Surveyor and the Chairman execute the Elks Club Replat and forward the Plat to the City of Port St. Lucie for approval and recording in the Public Records of St. Lucie County. Respectfully submitted, k V� Iileyy Acquisition Manager 5:\ACQ\WP\JoAnn\Abandonments\Lennard Road Square Drainage Easement\Agenda Memompd �: .4"G Co7, REPLAT OF LENNARD ROAD SQUARE r SE-MELALEUCAl-BLVD PEE S�.MPNpR N AVE �o� d Q SE NMp`R101-A Z J Li(� W W co V V y � � J to W R a y � w IV w N SEI_LONGHQRN_AVE SE- ORT ST-LUCIE-BLVD N SE_MARIPOSA.AVE SE CANE SLOUGH n tl► lop GN y y a N 6 0,l i� l 7 1 SE GILJETLTE AVE TA w r� F- $E_FRUITIAVE J W w MCLAIME1i unry maX.s pn warranty. repre>emafion o, quarenry ac 1p lhu. Ltl—S—ty a.accvrecy.11-Ilness, or complaloness of any of lh,+. geodala rnlormalipn yrovidee harehr. meLr�ad�,noma nmroly op m. eam prpvreoen«omfor a1.—Son.cl.urole,01111 acplluuy allblm,-1.Aeaoolonpnsandvarramree,ie.—m w;waw llrrvleuan. me imppen 0 0.02 0.04 O.Otf 0,12 0.16 anLpu pl me¢ImnfabrlXy:nW Gbrxbs hn a J: , 2. A purpose. St Lpeiu Counry-.,essumo nn IiaMliry b[ 1. AnY errors. u in Ina Mile, rrdprrrurlrnn p ondpd,epar<Ilosr al hew' caused: m +. Any dn<islen rnada pr oclinn Ipkprr ar nal to Xan fry any poraop Ip roliunce upop any mlormohpacar o'ob furnrahorl norounder, fi VCEIVFO CULPEPPER & TERPENING, INC CONSULTING ENGINEERS 1 LAND SURVEYORS C&T Project No.: 10-047 File: SLC Sender's Email: mkolo@ct-eng.com February 16, 2011 VIA: Hand Delivery Mr. Daniel S. McIntyre, Esq. County Attorney St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982 RE: Elks Club Re -Plat Abandonment of Drainage Easement Dear Mr. McIntyre: On behalf of our client, the City of Port St. Lucie, we respectfully request the St. Lucie County Board of County Commissioner's (BOCC) consent to the re -platting of Lennard Road Square and the abandonment of the 40 foot drainage easement contained therein. The subject drainage easement encumbers only land owned by the City of Port St. Lucie who currently has the maintenance responsibility of the facilities contained within. No other landowner will be impacted and no other entity has rights to the easement other than St. Lucie County. The facilities within said easement will not be abandoned; rather they will be enhanced by the creation of a retention area which will enable the City of Port St. Lucie to address drainage issues within this area. For you review and consideration, we have enclosed a copy of the proposed re -plat, boundary survey, and construction plans. We hope that the attached plans meet with your concurrence and that this item can be place on the most convenient BOCC meeting for consideration. Should you have any questions, please do not hesitate to contact me directly at 772-464-3537 extension 213. Also, if this request and materials are satisfactory to present to the BOCC for consideration, please advise me of the number of copies of the submitted materials or any additional materials that are needed for the BOCC review. We thank you for your time and consideration in this matter. SincerelyXcael Cu ER & TERPENING, INC. Kolodziejczyk, PLS Survey Division Manager C:\DOCUME-1UclittleU,OCALS-1\Temp\ELF20110216_101039\10-047 SLC McIntyre, easement abandonment request.doc A LEGACY OF EXPERTISE AND EXCELLENCE 2980 SOUTH 25TH STREET ( FT. PIERCE, FL 34981 1 (772) 4 6 4 - 3 5 3 7 1 FAX: (772) 464-9497 IIJONIOH MaIVMVWOIS dlMa tlaV Oa'ONI9arOad r LL j °c f Am: JeE`- Q �vCIE C a ID z o g H e� o o & d o W a a �� CL WZF y� N W m IL 7 D O o J p z J W Co T H W W W N F e F W O � �C C6 z z W ~ N z T+ V N Q G ~ yLLI W ' J OC Z W > W o Y H z F N V v Q W G t9 OONN% W W � N a = W W z L H W N M c N O a �_ �_ �WLu.t! W _ • W " ° E..O W � ? o fA,,4 o Z a �W!-C� J do W U U Z H LLL T W O H� LL - C2 HO 0 LL 0, ocF-t��z «s Z C L LLI Z M OVO(I Oc/VNN37 3 b 8 � z z !" LLI d _ Z.zQ.Z ILJU. FW JI:oW LL, O Ci 1- F �W� T,J LU Oy p ltlNtlO 96-B NIM00 F W 0 1. 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GC QE ik a5 ak 9 Y E F W •.'$; �O>5 5a 3g w :N="=�F+ � 55fi F �� =5sc�g a w ls "s J v 6 5 8 m U N fia�$d m JUn111Ic i1Ul1ua11, 1-1Cin U1 Llli- �,1J1L.U.LL UUULL - JL. Luc Ie _LaunLy - Fi1e Number: 1 2 7 4 1 F`) OR BOOK 0 8 6 O. PAGE `2 7 9 Recorded: 09-111-93 08:_ A.M. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 r19 20 21 22 23 24 25 26 0 27 28 29 30 3 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDER OF SITE PLAN APPROVAL CD-93-011 AN ORDER GRANTING SITE PLAN APPROVAL FOR A PROJECT KNOWN AS LENNARD ROAD SQUARE S/D FL`e C10P� \-�M WHEREAS, the St. Lucie County Community Administrator has reviewed the application for site plan approval submitted by Culpepper & Terpening, Inc. and has reviewed the comments of the St. Lucie County Development Department on this application, and makes the following determinations: 1. A 3 lot subdivision has been proposed for location on the west side of Lennard Road, approximately 700 feet north of Maraposa Avenue, which project is to be known as Lennard Road Square S/D. 2. The Community Development Department has reviewed the site plan for the proposed project and has found it to meet all technical requirements of the Land Development Code and to be consistent with both the existing zoning and the future land use maps from the St. Lucie County Comprehensive Plan.. 3. The proposed project does not require the preparation of a traffic impact report. 4. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 7. . The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 8. The proposed project is to be served by adequate public facilities and services. 9. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order as Exhibit A , as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03(A)(5) of the St. Lucie County Land Development Code, the site plan for the proposed project to be known as Lennard Road Square S/D, be, and the same- is hereby approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening, Inc.; undated, and date stamped received by the St. Lucie County Community Development Administrator on August 27, 1993. B. The property on which this development will take place is described as follows: See attached Exhibit A C. This site plan shall expire on September 10, 1994, unless a building permit is issued or a site plan approval extension granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. All requests for site plan extension shall be accompanied by a request for a new certificate of capacity for the property and project described in this Order. D. The conditions set forth in Section A are ..an integral nonseverable part of the site plan approval granted by this Order. If any condition set"forth-in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this Order shall I �o c� ra 1 become null and void. 2 3 4 E. This Order shall become effective upon the date of 5 approval indicated below. Should the property 6 owner, developer or authorized agent wish to appeal 7 any condition described in Section A above, all 8 such appeals must be filed in writing with the 9 County Administrator within thirty (30) days of the 10 rendering of this Order, as described in Section 11 11.02.03(B), St. Lucie County Land Development 12 Code. Should an appeal to this Order be filed, no 13 permitting reviews or further administrative action 14 shall take. place on the processing of this 15 development project until the appeal is resolved. 16 17 18 F. The certificate of capacity, attached as Exhibit A, 19 shall be valid for the same period as this order. 20 If this order expires or otherwise terminates, the 21 Certificate of Capacity shall automatically 22 terminate. 4 23 24 25 G. A copy of this Order shall be mailed, return 26 receipt to the developer and agent of record as 27 identified on the site plan applications. 28 29 30 H. A copy of this Order shall be attached to the site 31 plan drawings described in Section A, which plan 32 shall be on file with the St. Lucie County 33 Community Development Administrator. 34 35 36 I. This Order shall be recorded in the public records 37 of St. Lucie County. 38 39 40 ORDER effective the 10th day of September, 1993. 41 42 43 44 COMMUNITY DEVELOPMENT ADMINISTRATOR 45 ST. LUCIE COUNTY, FLORIDA 46 47 48 / c 49 50 BY 51 erry Virta 52 53 I I ro ra H N OD H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 J� CD93-011 DJM APPROVED AS TO FORM AND CORRECTNESS: �i COUNTY ATTOIR Y• 171 I • • • DESCRIPTION c� All that portion of Lot 15, Block 1, ST. LUCIE GARDENS, ra according to the Plat thereof recorded in Plat Book 1 at Page 35 of the Public records of St. Lucie County, N Florida, located in Section 12, Township 37 South, Range 40 East, St. Lucie County, Florida, LYING Easterly of a W line in said Lot 15, which line is described as follows: Begin at a point on the South line of said Lot 15 being 610.93 feet, (as measured along the South line of said Lot 15) West of the West right-of-way line of a 100 foot wide right-of-way for Lennard Road, thence North 00° 51136" E a distance of 662.97 feet to a point on the North line of said Lot 15, which point lies 601-0Q feet, (as measured along the North line of said Lot 15) West of the West right-of-way line of a 100 foot wide right-of-way for Lennard Road, the centerline of the above referenced 100 foot wide right-of-way for Lennard Road being the East line of said Section 12. Description supplied by client and ammended by Culpepper and Terpening, Inc. 12-8-89. ST LUCIE COUNTY CERTIFICATE OF CAPACITY CERTIFICATE NO.:C93-228 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St. Lucie County Comprehensive Plan for: 1. TYPE OF DEVELOPMENT ORDER: MINOR SITE PLAN - REPLAT OF 9.2 ACRES NO. OF UNITS: 3 LOTS, NO. OF SQUARE FEET: 92,000 2. PROPERTY LEGAL DESCRIPTION & TAX I.D.# (& STREET ADDRESS): 3414-501-4745-000/1 LENNARD RD SQUARE LENNARD RD N/A 3. APPROVAL #: RES #:CD-93-012 r. 4. SUBJECT TO THE FOLLOWING CONDITIONS FOR CONCURRENCY: 5. OWNER'S NAME: LENNARD ROAD ASSOCIATES ADDRESS: PO BOX 8073 PT ST LUCIE, FL 34950-8073 6. CERTIFICATE EXPIRATION DATE: 09-10-94 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions, and expiration date as listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development order issued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. SIGNED: DATE: September 13, 1y93 Community Development Administrator ST. LUCIE.COUNTY, FLORIDA I b N N 03 A AGENDA REQUEST ITEM NO. DATE: REGULAR VI- C1 05/17/11 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Bid No. 11-013, Purchase and Installation of Guardrail BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101004-4109-553100-400 Safety Marker Signs 101004-4109-534000-400 Other Contractual Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 11-013, a pricing contract for the purchase and installation of guardrail, to the two lowest responsive and responsible bidders, Florida Youth Conservation Corps of Dade City and Southeast Guardrail of West Palm Beach, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: () APPROVED () DENIED O OTHER Coordination/Signatures OMB County Attorney (X) Budget Analyst Dan McIntyre . Purchasing ( X) ` Public Works Desiree Cimino CONCURRENCE: Faye W. Outlaw, MPA County Administrator (X) (,U) Christine Weekes (X) D West Don Pauley i Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE: May 17, 2011 SUBJECT: Bid No..11-013, Purchase and Installation of Guardrail ITEM NO. VI-Cl Background: . On March 16, 2011, submittals to Bid No. 11-01, Purchase and Installation of Guardrail, were opened. Four submittals were received; 274 companies were notified and 22 documents were distributed. Staff recommends awarding to the two lowest responsive, responsible bidders, Florida Youth Conservation Corps of Dade City and Southeast Guardrail of West Palm Beach. Bid No. 11-013 was bid in accordance with Local Preference Ordinance No. 09-005. The purpose of this bid is to establish contract pricing for the purchase and installation of guardrail for the Road and Bridge Division. Recommendation: Board approval to award Bid No. 11-013, a pricing contract for the purchase and installation of guardrail, to the two lowest responsive and responsible bidders, Florida Youth Conservation Corps of Dade City and Southeast Guardrail of West Palm Beach, and authorization for the Chairman to sign documents as approved by the County Attorney. I r ATTACHMENT 1 (Page 1 of 3) �z Z W Q Uf1' a :D Lu Q. ❑ J_ Q LL O Z a g a Oz Qq wN O U) 4 a p Ov MM [n a Ya w p r 0 ao a O F-0 � U � m N lV N nl e- h i- N 00 c* p� J W 0 C 7 W ti t4 to sH M Wil w t!! U. N Z Q U W G 4 cva d d CO V C O O O p O O O O O O O O O O O O O O O O � N � O v► -- to h kn h a � w Fn u4 cr> u> w by .n ur Yayr a 3 0 LU LL a 0 U O O O O O R O 2 V! 0. w N � w w co q U� 0 = u� y O W LL O w .0 m n' c!p O O O O O O LU � cC '� W r N r in o O c;za = a ? w vMi rq ua w w 44 - � U m N w 4,1 O :1 c N J J J .�.! 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Ed Nc LL U .CUm . p d O 41 y m c uC ,Q Q w N !0 m..,m, U m F m G w O W W W w 1 w � w w < m `l N N N N N N M M ATTACHMENT 1 (Page 3 of 3) v; x 0 �V O� c; c © 0 N 0 0 a 0 0 CD0 0 o c " Q F- D Q o 0 h 0 N o ui W t0 w O o N 0 rl• 0 c0 LO C, � D W i- i- r ba by fn w w m w "z 0 u ti Q O O o O 0 O 0 O - .o , O o C o 0 O U7 O 0 o Q w 2 4 Q O O N C O O I O C4 ui OM 0 cr - Q 01 i w e? W urP N r W Q 2 O D DO 'e (7 O 0 - O vi Q o w O o O In O w O o O 0 O o O a O. o O 0 O 0 4 QQ W Z S r p0 N1 6f r WITt0 CO tD LO % O 00 �j ❑ i O N Y N Y N► Wd U! !13 W W 40 m9 yp H3 Ifl r C7 w z N o 0 0 0 o c a o 0 0 0 0 0 Q W CD0} co O M O 0 W O inW (I V (O0 w It 04 O M ti O h O LO D i z Y.. <9 fA 4Y V} tR dl 40 (a N V R Y H 3 L W W W J J It J J W N fq W W ,a y a W � w otS aJ R T 8 m L 0 m o v�i y y co a of p a C m m a cc 0 0 N N L O 10 a� C Q Ca G 7 O W 0 0 }. o A w w d c' a v u u ti t ti v a u a u ro m ' ~ U m CL a v V n ro E' 0 w c W w w N a a A n G m m 0 0 a m v ro O 0 fl• 2 2 3- tN+1 M M M M Vp R M V Vim' Y T V{N�� ITEM NO. VI-C2 DATE: 05/17/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin 1: SUBMITTED BY: Office of Management & Budget/Purchasing Director Y SUBJECT: Bid No. 11-015, Fire Sprinkler System Inspection, Testing and Maintenance BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Department Operational Budgets PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 11-015, Fire Sprinkler System Inspection, Testing and Maintenance, to Life Safety Systems of Fort Pierce and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (XO M B ) Budget Analyst ( X ) Dan McIntyre u a.y rvw Otv11-✓UVGI . Purchasing (X) Central Services (X) 64, Desiree Cimino D ra Brisson Roger Shinn Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE: May 17, 2011 I ,' SUBJECT: Bid No. 11-015, Fire Sprinkler System Inspection, Testing and Maintenance ITEM NO. VI-C2 Background: On March 30, 2011, submittals to Bid No. 11-015 for Fire Sprinkler Inspection, Testing and Maintenance were opened. One submittal was received; 72 companies were notified and five documents were distributed. Bid No. 11-015 was bid in accordance with Local Preference Ordinance No. 09-005 The intent of the bid is to provide contract pricing for fire sprinkler system inspections, testing and maintenance for County facilities. Recommendation: Board approval to award Bid No. 1.1-015, Fire Sprinkler System Inspection, Testing and Maintenance, to Life Safety Systems of Fort Pierce and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT 1 (Page 1 of 2) BID #11-015 Fire Sprinkler System Inspection, Testing & Maintenance DATE: 03/30/2001 @ 2:00 PM 1 PUBLIC DEFENDER 216 SO.2ND ST. FT. PIERCE 2. 218 SO.2ND ST. FT. PIERCE 3. 411 SO.2ND. ST. FT. PIERCE 4. 2300 VIRGINIA AVE. FT. PIERCE 5. 101 MELODY LANE FT. PIERCE 6. 2410 MORNINGSIDE BLVD. PT. ST. LUCIE 7. 4700 MIDWAY RD. FT. PIERCE 8. . 5150 MILNER DR. FT. PIERCE 9 ROCK ROAD JAIL 900 NO. ROCK RD. FT. PIERCE 10 ST. LUCIE WEST ANNEX 250 NW COUNTRY CLUB ROAD 11 WALTON ROAD ANNEX 1664 WALTON RD., PORT ST. LUCIE 12 LOGISTICS CENTER 3855 S. US 1, FORT PIERCE 13 CLERK OF COURT BLDG. 201 S. INDIAN RIVER DR., FORT PIERCE 14 HAVERT FENN CENTER 2000 VIRGINIA AVENUE, FORT PIERCE 15 CLERK OF COURT REMODEL LIFE SAFTEY SYSTEMS Ft. PIERCE, FL FAX: 772-344-0478 $ 21.00 /Month $ 59.00 /Month $ 21.00 /Month $ 40.00 /Month $ 21.00 /Month $ 40.00 /Month $ 40.00 /Month $ 21.00 /Month $ 250.00 /Month $ 21.00 /Month $ 21.00 /Month $ 21.00 /Month $ 75.00 /Month $ 21.00/Month $ 40.00 /Month ATTACHMENT 1 (Page 2 of 2) UKUUV II Halon System Inspection, Testing & Maintenance . 1 ROCK ROAD JAIL 900 NO. ROCK RD. FT. PIERCE 2 ROGER POITRAS BLDG. 2300 VIRGINIA AVE. FT. PIERCE GROUP III ANNUAL INSPECTION OF HOOD SUPPRESSION SYSTEM 1 ROCK ROAD JAIL 900 N. ROCK RD., FT. PIERCE RESPONSE TIME NECESSARY TO GET CREWS WORKING AFTER RECEIPT OF A SERVICE CALL GROUP IV HOURLY RATE FOR ADDITIONAL SERVICES: The hourly rate shall include full compensation for labor, equipment use, travel . time, and any other cost to the bidder. 1 HOURLY LABOR RATE (- Hourly rate for straight time repairs i.e. from 8:00 a.m. to 5:00 p.m., Monday through Friday (rate is to include labor and travel, parts are not included) 2 HOURLY LABOR RATE II - Hourly rate for overtime repairs, i.e. before 8:00 a.m. or after 5:00 p.m.,or on weekends or holidays (rate is to include labor and travel, parts are not included) GROUP V PERCENTAGE ABOVE VENDOR COST FOR ADDITIONAL SERVICES: Bids for parts and supplies shall be submitted on a percentage. Above vendor cost, Evidence of said costs shall be printed, property identified and dated as to issurance and effectiveness. Number of companies notified*: 72. Number of bid documents distributed*: 5 Number of bids received: 1 *per demandstar.com $ 300.00 Bi-Annual $ 300.00 Bi-Annua $ 350.00 Bi-Annual 1 IHOURS $ 75.001 Per Hour $ 113.00 / Per Hour 15 % Above Cost ITEM NO. VI- C3 DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING { ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed Asset Inventory - Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. COMMISSION ACTION: () APPROVED () DENIED O OTHER AGENDA REQUEST Coordination/Signatures Count Atto rney orney (X) Dan McIntyre Purchasing ( X) Sandra orando CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( ) (Name) r _ f Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE: May 17, 2011 SUBJECT: Fixed Asset Inventory — Property Record Removal ITEM NO. VI-C3 Background: Per Section 22.3 of the Purchasing Policy Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (pages-1-26), from the inventory of various departments of St. Lucie County Board of County Commissioners. Information Technology inspects the computers to determine if they are eligible for the Surplus Computer Donation Program. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. PROPERTY # I DEPT. 409129 Agriculture 408761 Public Safety 400584 Planning & Development 400909 " 401184 " 40.1619 402112 " 402207 " 491075 Building & Code 407310 Parks/Aquatics 491081 Various Departments 407272 407225 " 407227 " 407262 " 491101 " 491096 " 407266 " 407292 " 407279 " 102263 " 491082 " 491086 " 407213 491090 " 407171 " 407226 407275 " 407214 " 407173 491084 " 406561 406622 " 406632 406620 " 406598 406609 " 406502 406491 " 406548 406462 " 406601 " 406459 " 406480 ASSETS TYPE Laptop- stolen Old Phone System Computer if Data Ian Intro Pak 11 Laptop if Computer Computer I� PROPERTY # I DEPT. I ASSETS TYPE 406623 Various Departments Computer 406518 " " 406516 " 800226 " 406490 " 406552 " 406464 " 406535 " 406484 " 406645 " 406528 " 102216 " 102227 " 406653 " 406524 " 406610 " 406483 " 406602 " 406641 " 406476 " 800228 " 600033 Sports Complex Fertilizer Spreader 600134 Credenza steelcase 600136 Desk steelcase 600139 " 600140 " 600148 Credenza steelcase 600175 Sofa ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY E=-= s_ TODAY'S DATE _,-miI j J - 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE __.._....�`�_� J_..,._.._I��C�: �.....��..:,....I__.._..._.__......._.�__�..._�_....m...._..�..�r_.___.......____.._...._._._.__._.._.�.__.._. _� 5. PROPERTY RECORD # C��.w._ TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 9. MAKE I 10. M O D EL NUMBER � �c' _1...�.__..._. _.._....._.. _.._.... �. __........__�...�... 11.SERIAL NUMBER .... _........ _._...__� 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, DMARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TOTHE. .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. I, INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/13/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION,_ BUILDING AND ROOM # ISt. Lucie BOCC, Planning & Development Services -Planning Division 4. LOCATION CODE CEGG 5. PROPERTY RECORD # 400584, 400909, 401184, 40�1619, 402112, 402207av���Q TRANSFERRING TO OTHER DEPARTMENT? YES NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 1989, 1989, 1989, 1990, 1992, 1992 8. DESCRIPTION OF PROPERTY PC, PC, Datalan Intro Pak, PC386SX, PC386SX, Computer (laptop) 386SX 25 MHZ 9. MAKE JARCHE,ARCHE, Datalan, MIT, MIT, COMPUADD 0 10. MODEL NUMBER 11. SERIAL NUMBER 2867337 2868079,vnone RTO 092388 PAT,M310792 ANNE,SE15-2G92201 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) JUNK ALL _ FL�_x. _.._.. _ _ DEPARTM T HEA R AUT ORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION t;ry ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/8/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW URCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # `St Lucie County - Building & Code Regulations Division 4. LOCATION CODE------------ 5. PROPERTY RECORD # !491075 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO • IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY :Howard Computer 9. MAKE I --------------.__-__-- 10. MODEL NUMBER 1 11. SERIAL NUMBER!, 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. DEPMTNfENT HEAD OR AUTHORIZED PERSON 4/8/11 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT; FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY :R. TODAY'S DATE I'd t INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # P6 c 4. LOCATION CODE 1 �✓ ;� .� n __._... _.. __.__.�._.v___._......_ .._�_..._,_�._ .... _.__..............___..,,.M_____.w_�_._.,_-:� .... 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) ,. �..,�._.._�._....-.,�..._._..._.._�..�..��...�,.�.....,..,.�...a_:w.....�.w.___..__-__ __ _ _ 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISP DE NO N - - - --_ . L t-% I G THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 5� INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/16/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # ....._._. _ _. _ St. Lucie County Public Safety & Communications, Information Technology Division, Rock Road Operation Center 4. LOCATION CODE RPAUTo 5. PROPERTY RECORD # sticker has been tore off TRANSFERRING TO OTHER DEPARTMENT? YES NO - IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) 3/16/11 DEPARTMENT HW OR AUT ED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/16/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Public Safety & Communications, Information Technology Division, Rock Road Operation Center 4. LOCATION CODE RPAUTO 5. PROPERTY RECORD # 407225, 1,407227,407262 TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME 6. DISPOSING OF ',4.91101,491096 NO YES (�) NO C) 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2004 8. DESCRIPTION OF PROPERTY Personal Computer 9. MAKE Howard 10. MODEL NUMBER E400ML 11. SERIAL NUMBER 61048-0304. .,61029-0304,61513-0504,-;. .,61413-0404,61408-0404 12. METHpp OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) 3/16/11 DEPARTMENT HEAIYOR AUTH RI D PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/16/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Public Safety & Communications, Information Technology Division, Rock Road Operation Center 6. DISPOSING OF YES * NO C 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) 3/16/11 DEPARTMENT HEAD AUTHORIZED PE ON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. P INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/16/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St Lucie County Public Safety & Communications, Information Technology Division, Rock. Road Operation Center 4. LOCATION CODE RPAUTO 5. PROPERTY RECORD # 407213,491090,407171, ',407226,407275,407214 TRANSFERRING TO OTHER DEPARTMENT? YES NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES © NO 12. METHOD OF DISPOSAL (IF DISPOSING OF: K, SURPLUS, SOLD, TRADED, ETC.) 3/16/11 DEPARTMENT HEAD O THORIZ D PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL -OUT FORM AND SEND TO PURCHASING. q INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/16/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St Lucie County Public Safety & Communications, Information Technology Division, Rock Road Operation Center 4 LOCATION CODE RP AUTO 5. PROPERTY RECORD # 407173,491084 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES () NO 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) i 3/16/11 DEPARTMENT H A ORAUTHOFfZ PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. / I) INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE. 1/31/11 6. DISPOSING OF YES NO 11. SERIAL NUMBER 45846-0403, 47447-0903, 47458-0903, 47445-0903 12. METHOD OF DISP=THORi7b �IJRPLUS, SOLD; TRADED, ETC.) 1/31/11 DEPARTMENT HEAD DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING.. t INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1/31/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Public Safety & Communications, Information Technology Division, IT Operations Center, Rock Road 11. SERIAL NUMBER :469so-o7o3, 46992-0703, 45482-0703, 46435-0603, 44040-0103 12. METHOD OF DISPOSAL (IF DISPOSING OF: UNK, SURPLUS, SOLD, TRADED, ETC.) 1 /31 /11 DEP RTMENT HEAD O AUTHOR ED P SON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. d-- INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/23/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Public Safety & Communications, Information Technology Division, Rock Road Operations Center 6. DISPOSING OF YES (F) NO C) 11. SERIAL NUMBER 46513-0603, 46983-0703, 46519-0603, 46440-0603 12. METHOD OF DISPOSAL (IF DISPOSING OF;..-JQNK, SURPLUS, SOLD, TRADED, ETC.) 2/23/11 _ .. DEPARf MENT HEAD Q AUTHORI D PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 13 INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/23/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) , 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County.Public Safety & Communications, Information Technology Division, Rock Road Operations Center 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) -Sur [us , 2/23/11 DEPARTMENT HE OR AUrOfqfZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/23/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Public Safety & Communications, Information Technology Division, Rock Road Operations Center 4. LOCATION CODE RPAUTo 5. PROPERTY RECORD # �~ _ 406490, 406552, 406464 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YESea NO 01 01 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) j 8. DESCRIPTION OF PROPERTY Personal Computer ___.._____ �� 9. MAKE. Howard 10.MODEL NUMBER FS335G�^����� 11. SERIAL NUMBER ^+ _ 46433-0603, 45833-0403, 46521-0603 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.)' DEPARTMENT HE`AfErPR AUTHOKIZED PERSON 2/23/11 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED_ FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACHTOTHE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 1 INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/28/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Lucie County Public Safety & Communications, Information. Technology Division, Rock Road Operations Center 4. LOCATION CODE RPAUTO 5.. PROPERTY RECORD # 406535 ' 406484 , 406645�y_T_ TRANSFERRING TO OTHER DEPARTMENT? YES Q NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) N 2003 8. DESCRIPTION OF PROPERTY (Personal omputer �._._-.,_._.._..�..'__,.._......,._....___....�._......._.�..�...._...............___---.�----�-�----�----� I . CE..__ - 9. MAKE Howard 10. MODEL NUMBER s335G 11. SERIAL NUMBER (�43965-0003, 46445-0603, 47580-1003 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC DEPARTMENT HEAR AUTHOAIZEI2'PERSON 2/23/11 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING: (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. /(" INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 2/23/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Public Safety & Communications, Information Technology Division, Rock Road Operations Center 4. LOCATION CODE RPAUTO 5. PROPERTY RECORD # '406528, 102216, 102227, 406653 TRANSFERRING TO OTHER DEPARTMENT? YES NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES (�) NO '() 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) rplus E 2/23/11 DEPARTMEN AD OR AUf HORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR. TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. J 7 - INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/2/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # .St. Lucie County Public Safety & Communications, Information Technology Division, Rock Road Office 4. LOCATION CODE RPAUTO 5. PROPERTY RECORD # 406524,. '1406610 TRANSFERRING TO OTHER DEPARTMENT? YES IF YES, DEPARTMENT NAME 6. DISPOSING OF 0 NO YES * NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2003 8. DESCRIPTION OF PROPERTY ;Personal Computer 9. MAKE Howard 10. MODEL NUMBER S335G 11.SERIAL NUMBER 44016-0103 ,46994-0703 12. METHOD OF DISPOSAL (IF DISP OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) _.....1? �� 3/2/ 11 '51tPARTMENT,HVAD OR AUT OR ED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. / P INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/2/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (►F NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Public Safety & Communications, Information Technology Division, Rock Road Office 4. LOCATION CODE RPAUTO 5. PROPERTY RECORD 4 __'406483,406602,406641,406476,800228 TRANSFERRING TO OTHER DEPARTMENT? YES NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES � NO THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 19 . INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/21/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER -USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Digital Domain Park - Parks and Recreation 4. LOCATION CODE 1000045 �� C 5. PROPERTY RECORD # s000s3 TRANSFERRING TO OTHER DEPARTMENT? YES O NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES O NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2/1995 8. DESCRIPTION OF PROPERTY LLp2cApeg 9. MAKE ��Ly 10. MODEL NUMBER 11. SERIAL NUMBER Q Q 9 - 12Ce 12. METHOD OF DISPOSAL (IF DISPOSING OF:. JUNK, SURPLUS, SOLD, TRADED, ETC.) DEPARTMENT -HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 6�) INTRANETYURCHASING FORM&PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/21/11 1. INVOICE DATE (IF NEW PURCHASE) ACCOUNT NUMBER'USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Digital Domain Park - Parks and Recreation 4. LOCATION CODE 1000045 Ss PC6 5. PROPERTY RECORD # 00 o 3 TRANSFERRING TO OTHER DEPARTMENT? YES O NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY C p- e �� e 1,S z. f�' 9. MAKE j C ASr 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. 6L / f ) (2 G,& DEPARTMENT HEAD OR AUTHORIZED PERSON 3'l / a0 /l DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 17- ( INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/21/11 1. INVOICE DATE (IF NEW PURCHASE) 2. "ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Digital Domain Park - Parks and Recreation 4. LOCATION CODE 1000045 L S S PCB 5. PROPERTY RECORD # 1600136 TRANSFERRING TO OTHER DEPARTMENT? YES C) IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 12/1995 8. DESCRIPTION OF PROPERTY Pedestal Desk 9. MAKE Steelcase 10. MODEL NUMBER 11.SERIAL NUMBER NO Q NO 0 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. 0 DEPARTMENT HEAD OR AUTHORIZED PERSON 90# \TE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE - AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. o� aq-, INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/21/11 1. INVOICE DATE (IF NEW PURCHASE) 2: ACCOUNT'NUMBERUSED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Digital Domain Park - Parks and Recreation 4. LOCATION CODE 1000045 L S C 5. PROPERTY RECORD # 1600139 TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 12/1995 8. DESCRIPTION OF PROPERTY Pedestal Desk 9. MAKE ISteelcase 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) 0 DEPARTMENT HEAD OR AUTHORIZED PERSON WHOM THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. 23 t INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/21/11 1. INVOICE DATE (IF NEW PURCHASE) 2'. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3.. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Digital Domain Park - Parks and Recreation 4. LOCATION CODE 1000045 5. PROPERTY RECORD # 1600140 TRANSFERRING TO OTHER DEPARTMENT? YES Q NO Q IF YES, DEPARTMENT NAME 6. DISPOSING OF YES e NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY Pedestal Desk 9. MAKE Steelcase 10. MODEL NUMBER 11.SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. f/ DEPARTMENT HEAD OR'AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING.G� INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION �'" ' ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/21/11 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW URCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Digital Domain Park - Parks and Recreation 4. LOCATION CODE 1000045 L '_�s pcx 5. PROPERTY RECORD # 1600148 TRANSFERRING TO OTHER DEPARTMENT? YES Q NO 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES e NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 12/1995 8. DESCRIPTION OF PROPERTY Credenza 9. MAKE Steelcase 10. MODEL NUMBER 11.SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. DEPARTMENT HEAD OR AUTHORIZED PERSON THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 4/21/11 1. INVOICE DATE (IF NEW PURCHASE) 2... ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # Digital Domain Park - Parks and Recreation 4. LOCATION CODE 1000045 ss jC 5. PROPERTY RECORD # 6001T5 TRANSFERRING TO OTHER DEPARTMENT?. YES Q NO o �— IF YES, DEPARTMENT NAME 6. DISPOSING OF YES Q NO Q 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY Three seat sofa 9. MAKE ISteelcase 10. MODEL NUMBER 11. SERIAL NUMBER 12, METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC. Ll DEPARTMENT .HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM. OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. C INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ITEM NO. VI-C4 DATE: 05/17/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A - PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. COMMISSION ACTION: CONCURRENCE: O APPROVED O DENIED O OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures Coordination/Signatures OMB County Attorney (X) Budget Analyst ( ) Dan McIntyre (Name) Purchasing (X) ( ) Sandr Morando (Name) Office of Management & Budget/Purchasing 11111y Jill MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE: May 17, 2011 SUBJECT: Fixed Asset Inventory -Property Record Removal ITEM NO. VI-C4 Background: Per Section 22.3 of the Purchasing Manual, staff is requesting permission to remove the fixed assets as listed on the attached Property Disposition Forms (pages 1-3) from the St. Lucie County Supervisor of Elections Office inventory. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. Property # 403372 405229 405076 Supervisior of Election Assets Type Postage Machine Counterweight cart Copier ST. LUCIE COUNTY PURCHASING DEPARTMENT M, REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASEITEM (IF' NEW W PURCHASE) 3 0 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # i.�s 6 iz ..... .. ... 4. LOCATIA CODE : z--113 2, 5. PROPERTY RECORD #. TRANSFERRING TO OTHER DEPARTMENT? 'YES IF YES, DEPARTMENT NAME I 6. DISPOSING OF 0 NO YES NO 7. YEAR ACQUIRED (IF TRANSFERREWDONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 9. MAKE ..... . ... .. 10. MODEL NUMBER 11. SERIAL NUMBER 101 ---- . .... ...... .............. 12. METHOD OF DISP AL (IF DISPOSING OF,/JUNK)SRPLUS, SOLD, TRADED, ETC.) DEPARTME EAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER, A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE..INVOICE AND RECEIVINGCOPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND .TO PURCHASING., (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INF6'RMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET: PURCHASI NO PORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT '``:� REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY ,3 J TODAY'S DATE 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) . ......... _... _ . 3 GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # D . 4. LOCATION ODE ; �:_:....:.._.. _ _ ._ ......... _........ _......_.. 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? 'YES NO ....... .... ...`._"' _ . IF YES, DEPARTMENT NAME _- _._......._._.__. _.... 6. DISPOSING OF YES # NO 0 7. YEAR ACQUIRED (IF TRANSFERRED%DONATEDr RADED, ETC.) 8. DESCRIPTION OF PROPERTY _ 9. MAKE - 10. MODEL NUMBER 11. SERIAL NUMBER 12.METHOD OF QI`SPOSAL (iF DISPOSING OF SUN URPLUS ...._.............. __.......... ...... ......_._.._. _..._..._...,_....._...._...._....._..._...._...._.....__.._._..._.....,.SOLD, TRADED, ETC.) i PART T .HEAD OR AUTHORIZED PERSON D TE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE, INVOICE AND RECEIVING -COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO. PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS, B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. In INTRANET:PURCHASINC FORMS:PROPERTY DISPOSITION I ST. LUCIE COUNTY, PURCHASING DEPARTMENT AZI REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE)TEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIV ISION, BUILDING AND ROOM# 4. LOC (ON C E. 5. PROPERTY RECORD #. 4. TRANSFERRING TO OTHER DEPARTMENT? 'YES NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO 0 7. YEAR ACQUIRED (IF TRANSFERREDiDONATEDfTRADE'D, ETC.) ... ..... . . 8. DESCRIPTION OF PROPERTY ... . ....... 9. MAKE ...... -- ---- 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DI SAL (IF DISPOSING OF: JJUNV, SURPLUS, SOLD, TRADED, ETC.) ... ....... . .. .... ... . ... 5EPAR M T HEAD OR AUTHORIZED PERSON DATE THIS, OrRMIS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE..INVOICE AND RECEIVING' COPY OF P.O, AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE . , NOT SURE OF ANYPART OF THE INFORMATION REQUESTED, YOU WILL NEED` TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET: PURCHASING FOR-M S: PROPERTY DISPOSITION AGENDA REQUEST ITEM NO. VI-05 DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the St. Lucie County Tax Collector's Office. COMMISSION ACTION: CONCURRENCE: O APPROVED O DENIED O OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) Budget Analyst Dan McIntyre Purchasing ( X ) San ra Morando (Name) (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE : May 17, 2011 SUBJECT: Fixed Asset Inventory -Property Record Removal ITEM NO. VI-05 Background: Per Section 22.3 of the Purchasing Policy Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (page 1-4), from the invento of the St. Lucie County Tax Collector's Office. ry Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition F from the capital inventory of the St. Lucie County Tax Collector's Office. p orms, PROPERTY # Tax Collector Asset Type 405922 ATM Equipment 402041 Printer 404218 405150 404592 Van/Trade in 403652 Van/Trade in ST. LUCIE COUNTY PURCHASING DEPARTMENT I I REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 3/28/11 1. INVOICE DATE (IF NEW PURCHASE) 11. SERIAL NUMBER 19613880 ....... ...... ........ ....... 12. METHOD OF DISPOSAL (IF DISPOSING OF: JU d in on new Triton RL 1600 DEPARTMENT HEAT) OR AUTHORIZED PERSON . SURPLUS, SOLD, TRADED, ETC.) ...... . ... 3/28/11 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. . WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE -INVOICE AND. RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR. PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B.* IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY 1991 ..... ..___...._ ._. ___.._.._. . _.... _ ._ _.._.. __._.,_...-.....__. _ ._ _ wo ;.,. 8. PESqRIPTION OF PROPERTY ;Printer, Dot Matrix 9. MAKE iTexas Instruments ___.._ ......... ... ............. ...__...___. _.,_ .� 10. MODEL NUMBER 1885 7. .., .._.... 11. SERIAL NUMBER 14389300047............... ._.._ _... _....... .. _-------- ----- --- ____. __. _ _ 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC:) _._.............. Junk, Obsolete 11/9/10 DEPARTMENT HEAD OR AUT MORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT,, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL, THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING, INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 11/9/10 rr� 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) , �f 11999 _. 1 _ ........ _..._.. _... -.. _....._..._ _... ........w .. _ r _ ... 8. D SCRIPTION OF PROPERTY._._ ..... _ . ,Printer, Laser ......... ...... . ..... .... ..........-__._----...__..__....._.__ __.._ ._........__._-._ __.. .... _...... ..........._ 9. MAKE Hewlett Packard _.:...___._.__.._......_.. _ __ .._-___-_ --------- _......... . _..._ ._.I .M ........ _.-......- 10. MODEL NUMBER 1aserJet 8000DN 11. SERIAL NUMBER IUSDD040937 ..._. ' i_._.-..._........__....._.. __. _._..._-.._... _..... --- _ _.__....._....._ ..__.._...., 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED; ETC.) Punk, Obsolete 3�� 11/9/10 DEPARTMENT HEAD OR AU HORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 11/9/10 1. INVOICE DATE (IF NEW PURCHASE) ........... TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO C) csx 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) - ---------- 12001 ... ....... .... . ..................... ..... . .... ... ... ....... 8 DESCRIPTION OF PROPERTY - ------------ ..... .. .......... .. .Printer, Laser .... . . . .... ............ ....... . ....... . ........... .. . . ...... .... . 9. MAKE !Hewlett Packard .... . ..... ....... J1 10. MODEL NUMBER !LaserJet 4100 . . .......... ... .. ........ ...... . . ... ..... ------- ------ - - --... ----- ------ - -..........--------- ----- - - 11. SERIAL NUMBER IUSBDI306820 l-, -1 - -1. 1.- 1.1-- -.-. ....... ....... ...... ..... ........ ...... . ... ... .................. ... . ....... .. ............ . 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) .... ................ . . .. .... ...... ... .. .... . ....... 'Ju Obsolete ......... . . . .. ...... .. .......... .. --- ------------- - 11/9/10 DEPARTMENT HEAD OR A&HORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY URCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Tax Collector 4. LOCATION CODE ITCTAXES ...............-...... 5. PROPERTY RECORD # 1404592 TRANSFERRING TO OTHER DEPARTMENT? YES NO IF YES, DEPARTMENT NAME 6. DISPOSING OF YES NO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED,_ETC_) 2000 M 8. DESCRIPTION OF PROPERTY 12001 Chevrolet Venture Van ..... 9. MAKE ;Chevrolet - 10. MODEL NUMBER lVenture Van _...- .- _.. ___... 11.SERIAL NUMBER 11 GNDU03E71 D1 13099 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC..) !Tr ed in ran 2010 Ford Explorer 1/18/11 DEPARTMENT HEA OR A HORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE :INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ST. LUCIE COUNTY PURCHASING DEPARTMENT 6. DISPOSING OF YES (�) NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 11997 8. DESCRIPTION OF PROPERTY 1998 Ford Windstar Van 9. MAKE Ford 10. MODEL NUMBER Windstar 11. SERIAL NUMBER (2FMDA5142WBB26537 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD,.TRADED, ETC.) :Trac jpdin gn 2010 Ford Explorer 1/18/11 DEPARTMENT HEAD OA AUT ORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ITEM NO. VI-C6 DATE: 05/17/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY- Marie M. Gouin 141 " SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Request for Qualifications (RFQ) No. 11-007, Professional Engineering Services - Bridge Evaluation and Design BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101-4115-531000-400 Professional Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the short-listed firms for Professional Engineering Services — Bridge Evaluation and Design and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw,. MPA County Administrator Coordination/Signatures County Attorney ( X) Budget Analyst ( X) NA D Dan McIntyre - Christine Weekes Purchasing ( X) Public Works ( X) Desiree Cimino D n West Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director P��A' DATE: May 17, 2011 SUBJECT: Request for Qualifications (RFQ) No. 11-007, Professional Engineering Services — Bridge Evaluation and Design ITEM NO. VI-C6 Background: On February 09, 2011, responses to RFQ No. 11-007, Professional Engineering Services — Bridge Evaluation and Design, were opened. Ten proposals were received; 718 companies were notified and 53 RFQ documents were distributed. Upon selection of the most qualified firms, the consultant will investigate existing bridge structures and prepare plans, specifications and contract documents for competitive bidding of the construction repair work. During, and/or upon completion, the consultant may be required to inspect the site and make recommendations to the County as to the acceptability of the work. The consultant will review the bridge inspection forms provided by FDOT and incorporate the data into the existing St. Lucie County bridge database. The consultant may also review the existing bridge rating and conditions and make recommendations on identified budgetary needs for critical bridge repairs and/or replacement projects. On April 20, 2011, the selection committee evaluated and ranked the proposals that were received The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. Kimley-Horn — Port St. Lucie, Florida (Satellite office) 2. Culpepper and Terpening — Fort Pierce, Florida 3. Infrastructure Engineers, Inc. — Sebastian, Florida 4. Keith and Schnars, P.A. = Fort Lauderdale, Florida 5. GRAEF — Maitland, Florida Recommendation: Board approval of the short-listed firms for Professional Engineering Services — Bridge Evaluation and Design and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Attachment A Firm Location Past Performance References Qualifications Total Score Ranking Total possible points per committee member 20 55 25 100 Total possible points for five members 100 275 125 500 Kimley-Horn 50 227 110 387 1 Culpepper & Terpening 100 192 87 379 2 Infrastructure Engineers 30 226 105 361 3 Keith and Schnars 15 222 116 353 4 G RAE F 15 218 115 348 5 SAI Consulting 15 211 110 336 6 Bridge Design Associates 15 209 109 333 7 Stanley Consultants 15 203 110 328 8 Reynolds, Smith & Hill 15 189 119 323 9 American Consulting Non -Responsive LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-county area Martin, Okeechobee & Indian River Count 6 Office located outside of the tri-county area but in '' Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. Attachment B BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT TABULATION SHEET — RFQ# 11-007 PROFESSIONAL ENGINEERING SERVICES BRIDGE EVALUATION AND DESIGN OPENED: FEBRAURY 09, 2011 AT 2:00 PM TEN (10) Submittals were received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AwARn wu I RF i=AxFn TO Al RIDDFRS PRIOR TO AWARD. AMERICAN CONSULTING - Satellite Office Contact: Scott M. Korpi I Phone: 772-466-5778 Fax: 772-466-5780 Address: 2270 N. US Highway 1, Fort Pierce, FL 34946 BRIDGE DESIGN ASSOCIATES INC. Contact: Brian C. Rheault, P.E. Phone: 561-686-3660 Fax: 561-791-1995 Address: 1402 Royal Palm Beach Blvd., Bldg 200, Royal Palm Beach, FL 33411 CULPEPPER & TERPENING INC. Contact: James P. Ter enin Phone: 772-464-3537 Fax: 772-464-9497 Address: 2980 South 25 Street, Ft. Pierce, FL 34981 GRAEF Contact: Scott D. Hinrichs, P.E. Phone: 407-659-0553 1 Fax: 407-659-0609 Address: 1059 Maitland Center Commons Blvd., Suite 200 Maitland, FL 32751 INFRASTRUCTURE ENGINEERS INC. Contact: Frank Hickson, P.E. Phone: 772-388-1661 1 Fax: 772-388-1623 Address: 1069 Main Street, suite 112, Sebastian, FL 32958 KEITH & SCHNARS P.A. Contact: Mark Moshier, P.E. Phone: 954-776-1616 Fax: 954-771-7690 Address: 6500 North Andrews Ave., Fort Lauderdale, FL 33309 KIMLEY- HORN & ASSOCIATES INC. -- Satellite Office Contact: Brain Good, P.E. I Phone: 772-345-3800 1 Fax: 772-794-4130 Address: 10521 S.W. Village Center Drive, Suite 103, Port St. Lucie, FL 34987 REYNOLDS SMITH & HILLS INC. Contact: Peter Ro as, P.E. Phone: 813-289-5550 Fax: 813-289-0263 Address: 1715 N. Westshore Blvd., Suite 500, Tampa, FL 33607 SAI CONSULTING ENGINEERS INC. Contact: Victor Bertolina, P.E. I Phone: 407-201-6153 Fax: 407-201-8920 Address: 1153 Miranda Lane, Kissimmee, FL 34741 STANLEY CONSULTANTS INC. Contact: Mark Weber, P.E. Phone: 561-689-3003 Fax: 772-532-1972 Address: 1641 Worthington Road, Suite 400, West Palm Beach, FL 33409 NUMBER OF COMPANIES NOTIFIED*: 718 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 53 NUMBER OF BIDS RECEIVED: 10 * - Per demandstar.com CHRIS D2ADOVSKY, District No.1 TOD MOWERY, District No.2 ♦ PAULA A. LEWIS, District No. 3 FANNIE HUTCHINSON, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator— Faye W. Outlaw, MPA 2300 Virginia Avenue - Fort Pierce,FL 34982-5652 — Phone (772) 462-1700 - TDD (772) 462-1428 Website: www.co,st-lucie.fl,us F AGENDA REQUEST ITEM NO. I VI-D1 DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate HIV Medications Invoice for March, 2011 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization for payment of Prison Health Services invoice number PHS0009197 for HIV medications for the FY-2011 period of March 01, 2011 through March 31, 2011, in the amount of $38,244.19. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) OMB Director (X) 0- Budget Analyst (Daniel S. McIntyre) '< ( ne Gouin) Originating Dept. ( X) ERD ( ) (Wit iam Hoeffner) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director�� FROM: Daniel J. Lutzke, Risk Manage4�--3L DATE: May 17, 2011 SUBJECT: Prison Health Services Inmate HIV Medications Invoice for March, 2011 ITEM NO. VI-D1 Background: Prison Health Services (PHS) acts as a third party administrator for St. Lucie County jail inmate health care and manages, administers and pays for inmate HIV medications and off -site services from medical providers. PHS has submitted their Invoice Number PHS0009197 (Attachment A) in the amount of $38,244.19 and is requesting reimbursement from the County for February FY 2011 inmate HIV medication costs in accordance with Florida Statute F.S. 901.35 which states that the medical services provider shall be reimbursed from the general fund of the County when no other source of payment is available. This invoice brings the total HIV cost FY to date to $214,283.36. Previous Action: December 7, 2010 — BOCC Approval of October FY-2011 HIV Medication Invoice of $40,509.27. January 18, 2011 — BOCC Approval of November FY-2011 HIV Medication Invoice of $36,036.73. February 15, 2011 — BOCC Approval of December FY-2011 HIV Medication Invoice of $31,362.97. April19, 2011 — BOCC Approval of January FY-2011 HIV Medication Invoice of $34,623.59. April19, 2011 — BOCC Approval of February FY-2011 HIV Medication Invoice of $33,506.61. Recommendation Board authorization for payment of Prison Health Services invoice number PHS0009197 for HIV medications for the FY-2011 period of March 01, 2011 through March 31, 2011, in the amount of $38,244.19. AWAII -- � -=--_ _ _ --�. ;-:.----�------ ----- --=--- -- -__ _:---�-�---_--iccNumber-. PHSQ009.19.7--.._.___ PH--..., Prison Health Services, Inc. dba PHS Correctional Healthcare 105 Westpark Drive, Suite 200 Brentwood, IN 37027 1-800-729-0069 ext. 338 ID# 23-2108853 Attachment A ST LUCIE COUNTY SHERIFF'S DEPT April 18, 2011 ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Customer Number: 1534B Aggregate CAP HIV Meds for the Period of March 2011 Amount Due: $38,244.19 Remit Payment To: Prison Health Services, Inc. dba PHS Correctional Healthcare 12464 Collection Center Drive Chicago, IL 60693 Payment Due Date: May 18, 2011 Account Terms: NET 30 DAYS * * * PLEASE DOCUMENT IF INVOICE IS NOT PAID IN FULL $38,244.19 MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2010 through September 30, 2011 HIV Medications For the month ended: March 31, 2011 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ - Annual Aggregate Total: $ - 100% bill back over $ - HIV Medication & Lab Costs - March 2011 $ 38,244.19 See Attached Arrlout�t Due,»a[ch.2Q71}' a �ti s n$.G p 38,244 �1 IE AGENDA REQUEST ITEM NO. VI-D2 DATE: 05/17/11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT { X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 10-11. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval). PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval for payment of Prison Health Services invoice number PHS0009221 for the period from October 01, 2010 thru March 11, 2011, in the amount of $309,343.65. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director ( X ) �a = Budget Analyst (a iel S. McIntyre) (Mai Gouin) Originating Dept. ( X 4Wz ERD ( ) (William Hoeffner) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director# FROM: Daniel J. Lutzke, Risk Manager DATE: May 17, 2011 SUBJECT: Prison Health Services Inmate Health Care Invoice, FY 10-11 for the period from October 1, 2010 through March 11, 2011. ITEM NO. VI-D2 Background: Prison Health Services (PHS) acts as a third party administrator for prisoner health care and manages and pays for medical care expenses for incarcerated jail inmates that are provided off -site (outside the Jail). The County then reimburses PHS for invoices PHS has paid. Florida Statutes make the County responsible for payment of inmate medical services, including psychotropic drugs, whenever the inmate has no viable method of paying for medical services. PHS has now submitted Invoice Number PHS0009221 (Attachment A) for Utilization of medical services from October 1, 2010 through March 11, 2011 and for which PHS has already paid the amount of $309,610 and is requesting reimbursement from the County. Previous Action: None Recommendation Board approval for payment of Prison Health Services invoice number PHS0009221 for the period from October 01, 2010 thru March 11, 2011, in the amount of $309,343.65. Invoice Number: PHS0009221 H BM Prison Health Services, Inc. dba PHS Correctional Healthcare 105 Westpark Drive, Suite 200 Brentwood, TN 37027 1-800-729-0069 ext. 1338 ST LUCIE COUNTY SHERIFF'S DEPT ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981 Customer Number: 1534B ID# 23-2108853 Aggregate CAP Utilization for 10/l/10-9/30/11 as of Marl 1 Psychotropics for 10/1/10-9/30/11 as of Marl 1 Amount Due: $309,343.65 Remit Payment To: Prison Health Services, Inc. dba PHS Correctional Healthcare 12464 Collection Center Drive Chicago, IL 60693 Payment due date: May 27, 2011 Account Terms: NET 30 DAYS * * * PLEASE DOCUMENT IF INVOICE NOT PAID IN FULL Attachment - A April 27, 2011 $319,610.09 ($10,266.44) QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2010 through September 30, 2011 Utilization and HIV Meds For the month ended: March 31, 2011 Aggregate Terms per Contract (backup attached): 100% reimbursement $ - Summary of Aggregate Calculation through 03/31111: Paid Claims $ 274,137.52 On -Site Dialysis Treatments $ 25,100.00 Pharmacy - Dialysis Medications $ 14,503.32 Pharmacy - Cancer Medications $ 19.25 HIV Costs $ 214,283.36 On -Site X-ray $ 5,850.00 Total Paid through 03/31/11: Less: Previously Invoiced $ 533,893.45 $ (214,283.36) Amount Due This Quarter $ 319,610,09 QUARTERLY INVOICE St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2010 through September 30, 2011 Psychotropics For the month ended: March 31, 2011 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 61,526.00 Annual Aggregate Total: $ 61,526.00 100% bill back over $ 61,526.00 Summary of Aggregate Calculation through 03/31/11: Pharmacy - Psychotropic Mods: Total Paid through 03131/11: Aggregate Limit (PHS responsibility) pro -rated 6 months: Total PHS responsibility as of 03/31/11: Amount over Aggregate Limit due from County Less: Previously Invoiced 20,496.56 $ 20,496.56 $ 30,763.00 $ 30,763.00 (10,266.44) Amount Due This Invoice $ (10,266.44) AGENDA REQUEST ITEM NO. VI-D3 DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke , SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Renewal of Employee Basic Life, Supplemental Life, LTD and STD Insurance Benefits with ReliaStar (ING) Life Insurance Company. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 505-0000-229761-000 Employee Benefit Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to renew the employee Basic Life, Supplemental Life, Short -Term and Long -Term Disability Insurance coverages with ReliaStar Life Insurance Company, a member of the ING family of companies. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) L Budget Analyst 'l _ (D ni I S. McIntyre) Marie Gouin) Originating Dept. (X) ( ) ( illiam Hoeffner) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director/ev FROM: Daniel J. Lutzke, Risk Manager DATE: May 17, 2011 SUBJECT: Renewal of Employee Basic Life, Supplemental Life, LTD and STD Insurance Benefits with ReliaStar (ING) Life Insurance Company. ITEM NO. VI-D3 Background: While the County's Short -Term Disability (STD) and Long -Term Disability (LTD) insurance benefits have a very low loss experience rating, the Basic Life insurance has experienced high losses for several years and benefits in excess of premiums paid have been required. In summary the Basic Life loss ratio to paid premiums for each year has been as follows: 06107 196.8%; 07/08 72.4%; 08/09 126.4%; 09/10 262.6%; and 10/10 through 3/31/11 305.4%. The existing coverages as placed with ING included an option to renew annually at re -rated, claims -based premiums. The BOCC Risk & Benefits Division has prepared to bid this coverage in anticipation of a large rate increase due to the Basic Life high loss ratio. Staff has also continued to work with ING on these issues and has now obtained an attractive renewal offer (Attachment A) from ING which, while increasing the Basic Life rates, reduces the Disability rates, and keeps the "Employee Paid" Supplemental Life rates the same. The renewal offer results in the overall combined paid premiums remaining at a "revenue neutral" level. In addition, ING has agreed to lock -in the new rates for a two-year period. Staff feels that the revenue neutral pricing of these employee benefits and the overall net impact is very fair based on the overall experience. Should the County decide to bid these employee benefit coverages, all potential bidders, including ING, would bid based on our prior group loss history. Attachments A. ING Annualized Cost Projections and Renewal Rate Offer for 10/01/2011 renewal. Previous Action None Recommendation Board approval to renew the employee Basic Life, Supplemental Life, Short -Term and Long -Term Disability Insurance coverage's' with ReliaStar Life Insurance Company, a member of the ING family of companies. Attachment - A AGENDA REQUEST ITEM NO. VI-D4 DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk Manager SUBJECT: Catastrophic Inmate Medical Insurance Policy Renewal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to renew the OPTUM Catastrophic Inmate Medical Insurance Policy and authorization to pay the five.month premium of $32,308.50 now and to pay the October 1, 2011 one-year premium based on a continued rate of $5.10 per in -mate per month when the premium billing is received. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) o Budget Analyst _ (Dani I S. McIntyre) (tie Gouin) Originating Dept. (X) ( ) (William Hoeffner) (Name) Human Resources/Risk Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director &_ FROM: Daniel J. Lutzke, Risk Manager DATE: May 17, 2011 SUBJECT: Catastrophic Inmate Medical Insurance Annual Policy ITEM NO. VI-D4 Background: This Optum catastrophic inmate medical insurance policy requires renewal to extend coverage from May 1, 2011 through September 30, 2011. Staff has requested this one-time shortened renewal period and the policy will return to one-year coverage periods thereafter. This will put this policy and any reimbursements in line with the County's and our Inmate Medical Care Management Companies (PHS) Fiscal Year accounting practices. The policy provides protection for the County from large medical insurance claims involving incarcerated inmates. Staff has negotiated a "No -Increase" in the premium rate of $5.10 per in -mate per month while obtaining greater policy benefits. The Average Daily Maximum (ADM) per admission coverage will increase from $9,000 for the first 3 days to $12,000 per day and from $5,000 per day to $8,000 per day thereafter. With this renewal there is no overall annual aggregate maximum coverage limit and the carrier has agreed to include admission coverage for HIV/AIDS and Pregnancy. Previously hospitalization treatment for HIV/AIDS and Pregnancy was specifically excluded from coverage. Catastrophic coverage reimburses the county for off jail premises inmate medical costs that are in excess of a $75,000 per individual inmate Specific Deductible. Optum insurance offers to renew this policy for five months with a $32,308.50 total premium now and on October 1, 2011 for an additional one year period with no change in the premium rate. Attachments A. Hunt Insurance Group Invoice No. 162557 in the amount of $32,309.00 B. OptumHealth Subsequent Policy Period Offer dated 04/20/2011. C. H unt/Optum Health Catastrophic Inmate Medical Insurance One -Year Quote. Previous Action The Board has previously approved purchase of a catastrophic Inmate Medical Insurance policy in each of the past six years. Recommendation Board approval to renew the OPTUM Catastrophic Inmate Medical Insurance Policy and authorization to pay the five month premium of $32,308.50 now and to pay the October 1, 2011 one-year premium based on a continued rate of $5.10 per in -mate per month when the premium billing is received. HUNT INSURANCE CROUP, LLC _38 `1 �tttlittt — Tallahassee, FL 828112 MOR to: R-0. B.ox 12909 * Tallahassee, F 34 To (850) 38543635 Fax (850} 385-2 INVOICE.....;..... Attachment - A St Lucie County BOCC invoice Data 04./ .2300 Virginia Ave Invoice No; 16.2 Fort Pierce, FL 34982 Bill -To Code 8S1 Client Code 8S I Inv .order No: 8 * 1 Named :Insured: St. Lucie county Sheriff's Office Amount Remitted: $ Plaase include INdee number with youepaymont Make checks payable to: Hunt Insurance Group 05/01/11 05/01/11 nited"gealthCare. to Policy No. INMAT'EMEA172917 10/01/11 *Renewal — Inmate Medical Care 8PASH Page- 1 ice Number.: 162557 Amount Due: rim 'yms Due and _Payable Qn, Effa _ tve' Date ORIGINAL INVOICE. Willis is a member.of a major intemational group of companles. in additton to tho compensation received by Willts from Insurers for placements of your it such as:excess and.surplus tines _brokers, wholesalers, reinsurance intermediaries, underwriting managers and similar parties (some:of which may be o� corporate parent or affiliates), may earn and retain usual and customary commissions for their role.in providing Insurance products.or services to citents with insurers or.relmurers.On October.2t, 2004, we announced that we would discontinue ronlingencies in NorthMerice Immediately and mother col end of the year: For any placements thatware made prior to. October 21, 2004, it is posai6leahat WQlis pr its corporate parents or affiliates, contir Insurers 4ased anfectora which are not cilent•spacMe. such as size or pedormance;of an overall bookof,businessprodueedAlh, an insurer by Willis, its Upon written request, Willis.will provide Information regarding the compensation reolved by Willis.or by Its corporate parents.or affiliates,: Prior to.Its Mel caniingeht compensation on.cutaln:of its clients' accounts; these: contingants will be phased out overtliraa:yoars, and no confingenta will be accepted o business generated after the. October 1,.2000 acquisition. 53:5 32,309.00 32, 3'09.00 ice coverages, other parties, in whole or in part by Wiill$' their separate contracts with > in which we operate by the paymenis'orall owands from )rate parents orAlliates. Atli Willis, HRH accepted new brokerage clients or Subsequent Policy Period Offer 5 MONTH CONTRACT ,.:__. __..-. ___. __:. ,- .,:_: . _Employer•:-ST,-L-UGIE-COl4t1•T=YWBOARD-OF�COUNTYE---� _ ._..::; Effective -Date: MAY 01, 2011 =- - - - - "[I 4_1L Stop Loss Carrier: UNIMERICA INSURANCE COMPANY CL&JL11 Life Carrier: �� Producer: DAVID DUNBAR F i n a n c is l s, '� S r l C . " ' Underwriter: ZELLERS, NAOMI Sales Reps: KURT HAAG Date: 04/20/2011 SPECIFIC COVERAGE Specific Deductible Amount Specific Maximum EMPLOYEE 1,267 FAMILY Total Lives/Annual Premium 1,267 Benefits Covered Specific Contract Basis Option 1 $75,000 $25$5.10 $5.10 $.00 $32,308.50 MED 5/8 CONDITIONS AND ASSUMPTIONS Attachment - 8 DISREGARD 5/8 CONTRACT SHOWN ABOVE. ACTUAL CONTRACT FOR THIS RENEWAL IS 5/11. MINIMUM PREMIUM FOR CONTRACT PERIOD 5/1/11 THROUGH 9130/11 is 90% OF PREMIUM SHOWN ABOVE. HOSPITAL AVERAGE DAILY MAXIMUM: $12,000 (DAYS 1-3) & $8,000 (DAY 4 AND EACH DAY THEREAFTER) INCLUDES BACK COVERAGE FOR HIV/AIDS & PREGNANCY Assumes current plan design as stated in Plan Document. This offer directly reflects commission of 17 %. Other compensation or bonuses may be indirectly reflected in this quote. Contact your broker/agent if you have any questions relating to their compensation for this offer. - Assumes the plan will have PPO: current discounts Case Manager: N/A TPA: N/A - Retirees are not covered for medical benefits. - This document may contain Protected Health Information (PHI) and should only be shared with individuals designated to view such information per HIPAA regulations. -The Subsequent Policy Period Offer is based on data submitted, plus other information furnished relevant to underwriting the risk, including all claims or possible claims, paid, pending or denied pending additional information, or which the employer or its authorized representative should otherwise be aware of. Any inaccuracy in the data submitted or failure to disclose any such information can change the terms, conditions, rates or factors of this offer can void the offer and coverage. In executing this form, the employer or its authorized representative, is acknowledging acceptance of the new rates, factors and terms. The employer or its authorized representative further acknowledges that all material facts, terms and conditions stated in the. employers plan document and the Policy/Agreement remain unchanged and in full force and effect, unless noted above. Until we obtain the signed Subsequent Policy Period Offer, the rates and factors are subject to change as additional information /s received. This Offer is valid for the stated effective date noted above provided the employer or its authorized representative elects one of the above options, signs the acknowledgment and we receive thomp/eted Offer by 5/1/11. 1 n n Z ircle Coverages & Options Elected 4innatura l In . `—ITS i Attachment ® C Name of Insured: St. Lucie County Hunt Insurance Group LLCM llis Date of Quote. 03/1.7/2011 36.06: Maclay Boulevard South Insurance Carrier: United HealthCare-OptumHealth Tallahassee, Florida 32312 Inmate Count: 1258 inmates (850)385-3636 - (850) 385-2124 Coverage: Off -Site Inpatient Hospital Services and Outpatient Surgical and attending Physician Services. The. maximum eligible allowable shalt be .limited to the lesser of the amount paid, or up to an "Average Daily Maximum'' (ADM) per admission of $1.2,000 for the: first three days and $8,000 ADM thereafter. iA &n I I x % U COVERAGE BASIS. option l option 2 0. ptio:n3 Limit of coverage:perinmate- $260;000 $250,600 $250;000 Specific deductible per inmate; $50A0.07 $75,000 $80 o0o Current inmate population: 1,2SI3 1,'258 1,258 Rate per inmate per month: $6.10 $4.81 Total Estimated Annual.Prem um* $117,749 $76,090$.72;612 Exclusions orLimitations: • All charges in connection with security or guarding any.inmate forany reason • All charges in connection with. rehab treatment for mental or nervous disorders • Charges which are incurred after the inmate has been. released, from custody • All charges for which government authorities are not legally obligated to pay All .charges in connection with rehab: treatment of substance abuse Charges paid outside the terms of the .Plan Document • Charges which are not inpatient medical -Exckrsio.r�_ im - • All charges incurred as a result of AIDS / H1V illnesses 1 • Ail charges in connection with pregnancy EXCLUSIONS BUY BACK COVERAGE: Aids/HIV & Pregnancy Incl. Incl. Incl. ASSUMPTIONS AND CONDITIONS: • This quote is an estimate based on data provided and subject to a completed application • This.quotation contains general information and is.not a contract or binder of insurance • Eligible claims are those occurring in 12 months and paid in 18 months • The Company reserves the. right to auditthe inmate count • This proposal directly reflects commission of 1:7% • Large claim updates maybe required • Quotes are valid for 30 days Fkft ITEM NO. VI -El TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport Terminal and Customs Apron Rehabilitation Project See attached memorandum. 140373-4220-563000-114600 — Infrastructure 05/17/11 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT - ( X ) PRESENTED fB�Y�: Todd A. Cox ,A`�� �' j�. Airport Manager November 9, 2010 - Board approved Resolution No. 10-281 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA). January 4, 2011 - Board approved Budget Resolution No. 11-023. RECOMMENDATION: Board approval of AECOM Work Authorization No. 14 for professional engineering services for the St. Lucie County International Airport Terminal and Customs Apron Rehabilitation Project in the amount of $166,529, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER County Attorney ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director PIA, Budget Analyst Da4el S. McIntyre Heather Young,. Purchasing ( ) VV ERD Desiree Cimino Melissa Simberlund Originating Dept. ( ) Y 6145 ark atterlee 11f Marie Gouin Patty Marston Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, l rAA Planning & Development Services Director FROM: Todd A. Cox, C.M., Airport Manager>�i DATE: May 17; 2011 SUBJECT: Terminal and Customs Apron Rehabilitation Project ITEM NO. VI -El Background: This is a companion project to the Terminal and Customs Renovations project and consists of resurfacing approximately 185,000 square feet of apron pavement adjacent to the Terminal and Customs buildings. The aprons were last resurfaced in 1980 and the pavement has reached the end of its useful life. The project was approved in the FY 2011 Capital Improvement Program. In October 2007, a pavement inspection was conducted by the Florida Department of Transportation (FDOT). The inspection indicated the apron areas to be in fair to poor condition. Additionally, the drainage structures located within the apron areas are failing and portions of the aprons retain an inordinate amount of water during and after rain events. The Scope of Services provided by AECOM under this project includes the design, bid support, construction administration, and Resident Project Representative (RPR) services for this project for a lump sum amount of $166,529. This project was approved under the FY 2011 budget and is funded with an 80% grant from Florida Department of Transportation with a 20% local match share. Funds are available for this project. Recommendation Board approval of AECOM Work Authorization No. 14 for professional engineering services for the St. Lucie County International Airport Terminal and Customs Apron Rehabilitation Project in the amount of $166,529, and authorization for the Chairman to sign documents as approved by the County Attorney. tc • R • WORK. AUTHORIZATION NO.: 14 CONTRACT.007-04-251 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the ;day of 2011, by Wand between the: ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter: referred to as the "County" and'AECOM USA, INC:, hereinafter referred to as the "'Consultant", .:WITNESSETH: WHEREAS, on April:3, 2007, the COUNTY entered into a: Consulting Agreement (Contract No. C07-04 251) hereinafter, referred to.as "Contract" with the.CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant'to .the Contract, the CONSULTANT is. to provide the professional ..services as outlined in this individual work authorization; and,.. . NOW, THEREFORE, in consideration oftheir mutual promises made herein' and for other good and Valuable consideration, receipt of which is hereby acknowledged by each party; the parties who are legally. bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: Professional Airport Engineering Services for. Terminal Apron Improvements at the St.Lucie Countyanternatlonal Alrport (hereinafter referred to as "the Project":) 2. SERVICE$::: The COUNTY has determined that it would like to utilize the services of the CONSULTANT' in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of :the continuing contract (C07-04-251). The services to be. provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services: attached hereto as Exhibit 'A" and according to the schedule contained within which is attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 Contract C07-04-251 Work Authorization No. 14 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of one hundred sixty-six thousand five hundred twenty-nine and 00/100 dollars ($166,529.00). 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time as further described in Exhibit "B". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST:, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY AECOM USA,ANC. BY: PRINT E..--` i ] r,V, `� lYlsydC�i Page 2 of 2 AECOM 2207It West Shore Blvd. Suite 455, Tampa. Florida S3007 T> 13.075.7100 F 813.075.2150 nrL v.aeram.cmn April 25, 2011 Mr. Todd Cox, C.M. Airport Manager St. Lucie international Airport 3000 Curtis King Blvd. Ft. Pierce, Florida 34946 RE: Professional Airport Engineering Services for Terminal Apron Improvements at St. Lucie County International Airport (FPR). Dear Mr. Cox: AECOM, USA Inc. (AECOM) appreciates the opportunity to submit this proposal to provide professional airport engineering services for the Terminal Apron Improvements Project. We will perform the Scope of Services described in the attached Exhibit "A"; in accordance with the proposed schedule described in Exhibit "B" for the following lump sum fees: Terminal Apron Improvements Prelimina /50% Design Development $ 47,574.95 Construction Documents 95% $ 28,279.09 100%/Bid & Award $ 12,450.91 Construction Administration Services $ 32,723.36 Resident Project Representative Services $ 45,500.00 Total Lump Sum Fee rounded $ 166,529.00 Exhibit "C" shows a sketch of Terminal Apron Improvements Project Limits. Exhibit "D" attached details our staff -hour estimate and expense fees for Terminal Apron Improvements, I am available at your convenience to answer any questions you might have with the development of this proposal and look forward to working with you on this project. Sincerely, ArCOM . Andrew Kacer, PE Senior Project Manager File: A.5.1.1 T:1Engr1FPR160178641.TA1x Terminal Apron\ControllScope and Fee Proposall4-12-2011 Design CA RPR1Terminal Apron Improvements Scope.doc AECOM Terminal Apron Improvements Scope and Fee EXHIBIT A SCOPE OF WORK 1, DESCRIPTION OF THE PROJECT The St. Lucie County Aviation Department (SLCAD) has requested that AECOM provide professional services for design and construction documents, Bid and Award, Construction Administration and Resident Project Representative for Terminal Apron Improvements at St. Lucie County International Airport (FPR). The Terminal Apron consists of flexible pavement (asphalt pavement). The Terminal Apron is also referred to as the South Apron within the Florida Department of Transportation (FDOT) Statewide Airfield Pavement Management Program Report prepared by URS, Inc. The Report dated February 18, 2008 outlined several sections within the South Apron that required Maintenance and Rehabilitation (M&R). This Terminal Apron is the primary Apron at FPR and the sections being rehabilitated within this project are utilized by the US Customs Office and the Terminal Building. The Reports states that immediate M&R activities are needed for Section 4212. This Section was constructed in 1970 and exhibits distresses such as low severity. longitudinal cracking and transverse cracking, and high severity weathering/raveling. There are two other pavement sections, Section 4210 and 4215, which also require rehabilitation to correct the standing surface water runoff drainage problems. Within Sections 4210 and 4215 there are several areas that have. a significant amount of standing water after a rain event, An area of major concern is at the main entrance of the US Customs Building. Sections 4210 and 4215 were constructed in 1984 and exhibit distresses such as low severity longitudinal cracking and transverse cracking, and weathering. Refer to Sketch 1 provided in Exhibit C for approximate location of these aforementioned Terminal Apron pavement sections. Rehabilitation of Terminal Apron: AECOM will provide professional services for rehabilitation of the Terminal Apron pavement within Section 4210, 4212 and 4215 considering a combination of techniques including a bituminous pavement mill and variable thickness overlay, pavement reconstruction and/or pavement rejuvenation. The type of pavement rehabilitation will be determined after a thorough pavement analysis is conducted, and the survey and subsurface investigations are completed. AfC—OM—wil--providethe—Project Management—Airfield--Engineer-ing—Services-C—ornstruction Administration Services and Resident Project Representative (RPR) Services for this Project. Professional Services for Survey and Geotechnical investigation will be required for the proposed rehabilitation of the Terminal Apron Improvements Project. AECOM will obtain these services from subconsultants: Culpepper and Terpening, Inc. and Dunkelberger Engineering & Testing, Inc. to assist in the design development of contract documents. Culpepper and Terpening will provide the survey related services and Dunkelberger Engineering & Testing will provide subsurface geotechnical investigations and construction quality assurance materials testing services. The method of project delivery will be the traditional design -bid -construct via a single contract for design -bid services and Construction Administration Services. Page 2 A =-WM AECOM Terminal Apron Improvements Scope and Fee 2. CONTACT INFORMATION Client: Todd Cox, C.M. Airport Manager St. Lucie County International Airport 3000 Curtis King Blvd. Fort Pierce, Florida 34946 Design Professional: Andrew Kacer, PE Senior Project Manager AECOM 2202 N. West Shore Blvd. Suite 455 Tampa, Florida 33607 Bunti Patel, PE Senior Project Engineer AECOM 2202 N. West Shore Blvd. Suite 455 Tampa, Florida 33607 3. BASIC ENGINEERING SERVICES A. PRELIMINARY/50% DESIGN PHASE AECOM will develop 50% design documents that will include drawings, technical specifications list, preliminary engineer's report and a construction cost estimate. AECOM will develop these documents in accordance with FAA standards, AECOM/Industry practiced computer aided design drafting (CADD) standards, and in accordance with AECOM's ISO 9001 QMS. Design Kick -Off Meeting Upon issuance of a notice -to proceed AECOM will facilitate a design kick-off meeting hetween-AE-COM-and-each-subsonsultant-to-review-the-project deliverables-and-schedul:e of deliverables, as well as the ISO 9001 quality management system (QMS) that is required to be followed by each team member. During this meeting, AECOM will describe the protocol to be adhered to by all team members during the development of the project. At the onset of the Project AECOM will prepare a project directory list for the AECOM Team. Review of Record Documents The AECOM Team will review existing record documentation, including plans, studies, and permits on file with FPR. These record documents will be reviewed in order to obtain data related to: • pavement type, thickness, and age; • data related to existing underground utility locations and type; • airplane tie downs; and • geotechnical data. Page 3 A: SC OM AECOM Terminal Apron Improvements Scope and Fee Site Evaluation The AECOM Team will perform a site evaluation that includes an evaluation of the condition of pavement and underground utilities. The AECOM Team will also evaluate the grassed areas, the drainage system, and other above ground features within the entire project area. Pavement Condition Evaluation AECOM will perform an analysis of the Terminal Apron asphalt pavement. Based on this evaluation we will determine the location of where our proposed geotechnical data acquisition will be and then prepare a summary of the condition of the existing pavement. Topographic Survey Culpepper and Terpening (C&T) will perform the surveying services for this contract. The major components of the survey include the following items: • C&Twill delineate all FPR Tenant leasehold lines within the project limits. C&T will establish primary horizontal and vertical project control for this project. • Horizontal control to be based on Florida State Plane Coordinate system. • Benchmark elevations to be based on NAVD88 unless otherwise directed. Establish permanent site benchmarks for future use purposes. The topographic survey will provide locations using conventional methods to obtain, elevations and coordinates for the existing site features that are located within the Terminal Apron. • The survey will include a topographic survey of the grass area between the Terminal/US Customs Building and the Terminal Apron, • C&T will provide the design (topographic) survey data within the specified project areas, which includes locating topography within the project site area at approximate 50-foot spacing, sufficient to produce a digital terrain model and contours at a 0.2- foot interval. Cross-section intervals less than 50 feet may be required when necessary to define high points, low points, swales, edges of pavement, abrupt changes in grade, boundary limits etc. • Existing pavement edges, airplane tie downs, and utilities will be located. • Provide the layout and characteristics of all pavement markings within the survey boundary. • No underground utility services will be a part of this proposal. The survey will identify all structures present within the surface of the project limits. • Following the geotechnical field work, C&T will locate the final boring locations. • C&T will provide all final digital files in an AutoCAD format along with a sign and sealed survey. • C&T will perform the work in accordance with FDOT and FAA requirements. • C&T will provide all survey work in accordance with the Minimum Technical Standards set forth by the Florida Board of Surveyors & Mappers in Chapter 61G17- 6, F.A.C. pursuant to section 472.027 Florida Statutes. • C&T will complete all work under the direct supervision of a Professional Surveyor and Mapper licensed to practice in the State of Florida. Geotechnical/Subsurface Investigation Program Dunkelberger Engineering & Testing (D&T) will conduct the geotechnical investigation. AECOM will coordinate the efforts of D&T in the execution of their work. The locations of 10-foot deep Standard Penetration Test (SPT) borings and California Bearing Ratio (CBR) Page 4 A C`OM AECOM Terminal Apron Improvements Scope and Fee borings will be identified during the site evaluations phase. Core data will include the thickness of the limerock base or other base materials as appropriate. D&T will operate in close collaboration with AECOM, FPR, FAA/ATCT as needed to schedule and carry out the field investigations discussed in this section. This effort will ensure that the proposed test locations do not conflict with any underground electric utilities or FAA communication facilities. Taxiways will be closed in accordance with current FAA guidelines as appropriate to ensure the safety of the traveling public and the geotechnical field crews. D&T soil engineers will visually examine the recovered soil and rock samples and classify them in accordance with American Society for Testing and Standards (ASTM) procedures. for that purpose, Laboratory testing will be conducted to provide the basis for classification. Boring logs will be drafted for presentation as page logs appended to the geotechnical report for inclusion with the design documents. The field and laboratory data will be incorporated into a Geotechnical Engineering Report which will become part of the construction documents. The report will include assessments of the encountered subsurface conditions, their implications for the proposed construction and recommendations as appropriate for design of the taxiways, connectors, ponds and related facilities. The report be signed and sealed by a Professional Engineer registered in the State of Florida. Pavement Design (AECOM) As on the previous Runway 1OR-28L Rehabilitation project and Taxiway C Improvement projects developed by AECOM for FPR, we will, during this phase, develop pavement sections for each pavement feature that will be based on the existing soil conditions and based on the anticipated fleet mix that will be utilizing the Terminal Apron. The pavement design will be based on the current version of FAA Advisory Circular 150/5320-6E, Airport pavement Design and Evaluation. The current criteria for Airport Pavement design and evaluation is outlined in FAA Advisory Circular 150/5320-6E and utilizes the FAARFIELD pavement design software. This project includes geotechnical efforts to provide a sound pavement engineering design with spaced testing. The type and spacing of the testing is geared towards a pavement design and cannot always accurately identify whether pockets of organic or other Undesirable materials such as waste products are located within the p.roj.ect_area.._._ — _,-.______..__..__._........._........._.� _._ Grading AECOM will prepare the pavement grading plans in accordance with the latest FAA standards. Longitudinal profiles, high points/low points and transverse pavement slopes on the Terminal Apron will be designed in accordance with FAA Advisory Circular 150/5300- 13. AECOM will correct the grades to ensure that the standing surface water drains into the two swales that are present on north side of the Terminal building and the south side of the US Customs Building. Drainage Design There is no storm water drainage design involved with the project. Permitting Not Applicable, Page 5 4LMOM AECOM Terminal Apron Improvements Scope and Fee Lighting, Signage and Miscellaneous Electrical Not Applicable. Marking Plans The Terminal Apron Markings will be in accordance with FAA AC 150/5340-1 K Standards for Airport Markings or the latest edition at the time of contract execution for this Project. All pavement markings on the Terminal Apron will be approved by the FAA ATCT, FPR and FPR US Customs Office. B'. CONSTRUCTION DOCUMENT PHASE (96 PERCENT) AECOM will develop 95% construction documents that will include complete detailed drawings, the FPR general conditions and front end documents, the division 1 documents and the technical specifications. The 95% construction documents will further refine the elements that were developed for the 50% construction documents and incorporate comments provided by FPR related to the 50% construction documents. At this stage the AECOM will , also submit the engineer's report and a construction cost estimate. Comments from our previous submittal will be addressed. AECOM will develop these 95% documents in accordance with FAA standards, AECOM/Industry practiced computer aided design drafting (CADD) standards, and in accordance with AECOM's ISO 9001 QMS. C. 100 PERCENT/BID AND AWARD PHASE AECOM will develop 100% construction documents. The 100% construction documents will further refine the elements that were developed for the 95% construction documents and incorporate comments provided by the Authority related to the 95% construction documents. The 100% construction documents will consist of construction plans, technical specifications, an engineering report, and a construction cost estimate. AECOM will develop these 100% documents in accordance with FAA standards, AECOM/Industry practiced CADD standards, and in accordance with AECOM's ISO 9001 QMS. The 100% Construction Documents will serve as the Bid Documents, The AECOM Team will prepare pre -bid meeting presentation of project, attend pre -bid meeting, and prepare pre -bid meeting minutes. The AECOM Team will prepare and distribute addenda(s) to clarify any bidding contractor questions. AECOM will attend the bid opening, develop the bid -tabulation., -and -prepare -a -letter -recommending which-bidder_sh.o.uld-b.e_selected.,.--.----- .-- . D, DESIGN DELIVERABLES SUMMARY: • One (1) set of full size prints 22" x 34", two (2) sets of half size prints 11, x 17", two (2) engineer's reports and two (2) copies of technical specifications at the milestone submittal • Bid Documents will be provided in electronic media. If requested by the County, AECOM will provide printed sets of Bid Documents that the County can sell to the bidding Contractors. AECOM and the County will agree on the selling price and will reflect this price within the Invitation to Bid documents of the front end specification. The County will reimburse AECOM the printing costs of the bid documents. • Project Manuals shall consist of Technical Specifications, Division 1, and Geotechnical Report (front end documents provided by the County). • Estimate of probable construction costs shall be provided at each milestone submittal. Page 6 AECOM AECOM Terminal Apron Improvements Scope and Fee • Final Report Project Binder containing record drawings, design details, collected as - built information, photographs, inspection reports, material testing results, meeting minutes and quality management records. 4. OWNER PROVIDED INFORMATION • All previous as built drawings, surveys and geotechnical reports related to the site. • Current and forecasted aircraft operations and fleet mix. • Current master plan and airport layout plan. • Any other information relative to the development of the project. 6. CONSTRUCTION ADMINSTRATION SERVICES AECOM will provide CA Services during the construction of the project. The construction administration services that we intend to provide are as follows: A. Develop Conformed Documents that incorporate addenda into the construction documents, and provide these documents to the Contractor and FPR. B. Develop the Project's Construction Management Plan for testing and acceptance of technical specification items. C. Attend the pre -construction conference. D. Review and approve shop drawings and other submittals to evaluate conformance with design intent and construction documents. E. Provide periodic on site observations of the quality and progress of the Contractor's work in order to determine if the construction is proceeding in accordance with the Contract Documents. AECOM's efforts will be directed toward determining whether the completed project will generally conform to the Contract Documents. During such visits, AECOM shall keep FPR informed of the progress of the work, endeavor to guard the FPR against defects and deficiencies on the work of Contractor(s). AECOM will not be responsible for the means, methods, techniques, sequences or procedures of the construction selected by the Contractor(s) or the safety precautions and programs incidental to the work of the Contractor(s). F, Periodically attend bi-weekly construction coordination meetings with RPR. G. Respond to various Requests for Information, Job memoranda, and other field prepared inquiries. H. Review and provide input for change orders that are prepared by the RPR staff. I. Review Contractor Applications for Payment. J. Attend and document substantial completion and final inspections. - ---- — ----K--Prepare-Re cord -Documents-and--AutoCAD discs -,based --upon information -supplied - by RPR and Contractor. L. Receive and review written guarantees and other required close-out documents assembled by the Contractor(s) and required by FPR. 6. RESIDENT PROJECT REPRESENTATIVE SERVICES AECOM will provide RPR Services during the construction of the project. The RPR services that we intend to provide are as follows: A. Daily Reports: Create daily reports stating the following: Construction hours, weather conditions, list of visitors, drilling and testing activities and general observations B. Schedules: Review the progress schedule, schedule of shop drawing submittals and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. Page 7 A: COM AECOM 'terminal Apron Improvements Scope and Fee C. Conference and Meetings: Attend and conduct meetings with . Engineer and Contractor(s), such as preconstruction conferences, progress meetings, job conferences and other project related meetings and prepare and circulate copies of meeting minutes. D. Liaison: Serve as the Engineer's and Owner's liaison with Contractor(s), working principally through Contractor's superintendent. Assist the Engineer in serving as the Owner's liaison with Contractor when Contractor's operations affect Owner's on - site operations. Assist in obtaining from the Engineer or Owner additional details or information, when required for proper execution of work. E. Shop Drawings: Maintain and record date of receipt of shop drawings via a shop drawings log. Advise Engineer of all shop drawings submitted by Contractor for approval. Provide all shop drawings correspondence from Engineer to the Contractor. Ensure all shop drawings are provided in a timely fashion and are approved by the Engineer prior to the beginning of construction activities requiring shop drawings. F. Quality Assurance Materials Testing: Coordinate all materials testing requirements as outlined in the contract documents with materials testing laboratory or subconsultant and Contractor. Coordinate the test results and the appropriate pay factors with the materials testing laboratory or subconsultant, Contractor, Engineer and Owner. G. Review of Construction Activities, Rejection of Defective Work, Inspections and Tests: Conduct on -site observations of the construction activities in progress to assist in determining if the work is being carried out in compliance with the Contract Documents. Report to the Engineer and Owner. whenever Resident Project Representative believes that construction activities are unsatisfactory, faulty or defective or do not meet the requirements of any inspections, test or approval required to be made and advise the Engineer and Owner of work that Resident Project Representative believes should be corrected or rejected or should be uncovered for observation or required special testing inspection or approval. Verify that tests, equipment and systems start-ups and operating maintenance training are conducted in the presence of appropriate personnel and that Contractor maintains adequate records thereof. Observe and record and report to the Engineer and Owner appropriate details relative to the test procedures and start-ups. H. Visitors: Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of the inspections and report to the I. Interpretation of Contract Documents: Report to the Engineer and Owner when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by the Engineer and Owner. J. Modifications: Consider and evaluate Contractor's suggestions for modifications in of contract documents . and report to the Engineer and Owner. Transmit to Contractor decisions as issued by the Engineer and Owner. K. Records: Maintain electronic files of correspondence, reports of job conferences, shop drawings and samples, reproductions of original Contract Documents including all work directive changes, addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports and other project related documents. Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of material and equipment. Page 8M . AECOM Terminal Apron Improvements Scope and Fee L. Reports: Furnish Engineer periodic reports as required of the progress of the work and of Contractor's compliance with the progress schedule and schedule of shop drawings and sample submittals. Consult with Engineer in advance of scheduled major tests, inspections or start of important phases of the work. Draft proposed change orders and work directive changes, obtaining backup material from Contractor and recommend to Engineer change orders, work directive changes and field orders. M. Payment Requests: Review applications for payment with Contractor for compliance with, the established procedure for their submission and forward with recommendations to the Engineer, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work, N. Certificates, Maintenance and Operations Manuals: During the course of the work, verify that certificates, maintenance and operations manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed in accordance with the Contract Documents and have this material delivered to the Engineer for review and forwarding to the Owner prior to final payment for the work. 0. Contractor Documentation and Coordination: Monitor that the as -built drawing mark- ups are properly maintained when there are deviations from the conformed contract documents and Contractor is utilizing current contract documents for construction activities. P. Substantial and Final Completion: Conduct substantial and final inspection in the company of the Owner, Engineer and Contractor and prepare a substantial and if necessary a final punch list of items to be completed or corrected. 7. ASSUMPTIONS • The construction duration for this project is assumed to be 60 calendar days which does not include the mobilization and project closeout durations. The RPR fees are based on this 60 calendar days duration excluding weekends and a maximum of 8 hours per each work day. No permitting is required for this project and therefore our fees do not include any permit fees. • No underground utility locations will be performed under this contract. The airport will be responsible to provide all utility information. - — - - •- -The County IVreview--and--provide-feedbackof-the construction- contract -documents - at the Design Development (50%) and 95% submittal. + The County will be responsible for administrating the bid and award process except at described herein. • The County will provide front end documents for bidding the project. • All drawings will be prepared in AutoCAD. AutoCAD standards will be consistent with the AECOM and industry practices. Page 9 -AECOM'.'.; AECOM Terminal Apron Improvements Scope and Fee SCHEDULE TASK DURATION Notice to proceed 0 Calendar Days Preliminary Design/Design Development 50% 45 Calendar Days Construction Documents 95%0 30 Calendar Days 100% and Bid/Award 30 Calendar Days Mobilization 30 Calendar Days Construction 60 Calendar Days Project Close Out (Substantial and Final Completion 65 Calendar Days Page 10 A IMM AEGOM Terminal Apron Improvements Scope and Fee EXHIBIT C Sketch of Terminal Apron Improvements Project Limits Page 11 ACOM LEGEND 1ALIMIT OF APRON PAVEMENT REHABILITATION PTI' 3.'mn .R j b PROJECT NAME: Project Number: Ex Date: 01/26/11 V. PRELIMINARY TERMINAL APRON REHABILITATION Drawn: RC 0 F.: Checked: AK Sketch No.: I ST. LUCIE COUNTY INTERNATIONAL AIRPORT I AECOM AECOM Terminal Apron Improvements Scope and Fee EXHIBIT D AECOM BREAK DOWN OF FEES FOR TERMINAL APRON IMPROVEMENTS (Staff -hour estimate and fee proposal) CULPEPPER & TERPENING, INC DUNKELBERGER ENGINEERING AND TESTING, INC. Page 12gM F4 Gt 0 0 0 m 0 w C. P4 C', 0 co 0 N0 w mm 0 Wm to W0 m m ,'I O 0 10 n ID (0 O N 0 (D 00 W P tl r- e wo LL- 9) O w w w 6-1 m t� O m r- wI2 m 0 w61 0 0 0 C, 0 0 C, w69. 0 010111a 613 Yk co ww 0 0 0 w69 Im to Z on 4A- rE V) to < fill ww w 6% 0 0 ww 0 C, C, 0 P O w w 'A 0 0 a 0 m 0 0 m 0, N m w 0, co m N0 0 0 'l, w w61� 6, b-, w fq w w 14 w w 69- 69, clxQ 40� N W -d 't wW z W L 10 w CD 0 0 C, C, 0 N N -1 v i z 0 'N V. C', Oo (L TI IT. I I I w: N N 10 ID (,4M Of N CN w 10 "1 6-, C-4 61 tr) &9 v t co N N a, C14 6-1 Cj 64 0 64. 0 61� 69. N 61k N 69. N M, 6, N ul 0) fR 0 w NN N N V) (D N w NC9 N 'N N N NIN N N N NV in Z LU I I C4 co 0 < 61. 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U �U e to O � O F a U Q O w 2 U � w Of w a N 0 a 0 a w e 4 J C E Gf '" Z W 0 Q 2 LL Z E d ui C a vo Dco_ 0 0 N 01 L) d J (n 0) 11) M Cl) 64 000(O 0 00Q!i' 0)co00(B CO 6- 000 (D 61). 69- ti 14 Vi 0)00 00000 60d0a; I� tlt P-: N (A 64 64 dT O ON 64 N CO N 0) Q O M r — 6% 000on OOOC+ 64 69 U7 r-e 69 IA (Y r 61% M0000 nOOOM I`- d t- Cl) 69- 64 69 0(O (A Nh. 1- cf} N CY M fA 00d00 00000 00000 0 co0NLO M M 69- 69 O O — EPr O N 69 0 t of (A C-j N 11� O N ui CD � oii ►� d5o2S � CD � ti+, tG otl dS �+, W 97 d! F- O U W � O U W y � ti 0 060 U W p 0 U W O 0 w w � a ' w U W C1 c$ 7 U W d c a U 0 c U O c? Q U LLB Q c N J Q X Q w Q W w 1 y a UJ > Z i- Owo w O y Q ~ N p F- Q w w ¢y W Z C7 w a a W LL z w w U LLJ Z a Z o O O d U Q V Z d Z w O 0 a 0 w IL U U E m ro F 2 O U U.i Q CULPEPPER irk TERPENING, INC CONSULTING ENOINEERS LAND SURYFYOR5 January 31, 2011 Project 07-033.07 Contract Sender's Email: bterpening@ct-eng.com VIA: Facsimile/Exnaff Andy.Kacer@aecom.com Original via Federal Express Mr. Andrew Kacer, PE AECOM 2202 N. West Shore Blvd. Suite 455 Tampa, FL 33607 RE: Project Number 07-033.07 St. Lucie County Airport — FPR Apron Agreement for Pmfessional Ehoeermg & Surveying Services Dear Mr. Kacer; On behalf of the firm of Culpepper & Terpening, Inc., we are pleased to enclose two (2) copies of our greemerrtforPmfessional Engineering & Surveying Services for the St. Lucie County Airport FPR Apron project for your consideration. Our understanding of the Project is to provide surveying services for your design services for drainage improvements within the limits as shown on the attached Exhibit "B" and in accordance with the attached scope. If this proposal meets with your approval, please execute both contracts, initial each page, and return both copies to our office. Upon receipt, we will provide your office with one fully -executed original contract. An executed contract will serve as the notice to proceed. We appreciate the opportunity to provide this proposal, We look forward to being a part of your project team. Should you have any questions or require any additional information, please feel free to contact either of us directly at (772) 464-3537. Sincerely, CULPEPPER &TERPENING INC. James u h" Terpening Jr., P.E. Preside t JIYr/ilk Enclosure: Agreement for Engineering & Surveying Services �0*66�- Eric Matthews, P.S.M. Project Manager A LEGACY OF EXPERTISE AND EXCELLENCE 2980 SOUTH 25TH STREET FT. PIERCE, FL 34981. (772) 464.3537 FAX: 1772) 464-9497 s?'•i:�Y:.4fN.�..�.;e.k:/Y.i1e h��'dlf.ttilJK�'�1'!6'%.J:a ,!�e :':3.?•'?�`• c9k,���.. 1_. 2d1y,�ns.,�'•. 4. y � ��'C ::��. .: ..; ;;'..; ...::::: i,:P+°-.....:•., Fes:. +.. k�i.�' r...1�.. w�.n :/:. ... � �!. .. n _ .. .. .. '�l:?� �i\`.�•� reWi.. ,�.Y�.%.evT3` _ �.*7it�... .. Professional Services Agreement Between AECOM & Culpepper & Terpening, Inc. (Consultant) for St. Lucie County Airport — FPR Apron Project Number 07-033.07 January 31, 2011 WORK AUTHORIZATION DATE: January 31, 2011 WORK AUTHORIZATION NO.: 07-033.07 (WA 7) PROJECT St. Lucie County Airport — FPR Apron CONSULTANT: Culpepper & Terpening, Inc. I. PROJECT DESCRIPTION/OBJECTIVES The PROJECT shall generally be defined and described as providing Professional Surveying Services for the FPR Apron Project within the limits shown on the attached Exhibit `B" and Exhibit "C" for the St. Lucie County International Airport. II. SCOPE OF SERVICE To accomplish the above objectives, the services will be divided into the following tasks: PHASE 3: FINAL DESIGN SERVICES TOPOGRAPHIC SURVEY The area consists of Aprons as shown in Exhibit "B". The data collected will be at 50 foot intervals on all paved and grass surfaces, and 50 foot cross sections in the grass swales. In addition to the nominal 50 foot grid, high/low points, pavement seams, and visible surface water runoff paths will be Iocated within the limits shown on the attached Exhibit `B". Airport leasehold lines will also be delineated on the survey. • Any edge lights, drainage features, airplane tie -downs or other surface features within the limits shown will be surveyed. All paint markings shall also be identified. Core borings location and elevation will also be located as shown in Exhibit "C". Conventional total station survey equipment will, be utilized. We will provide two hard copies of certified surveys as well as a CD that include PDF's of the certified survey and ACAD files for design purposes. III. ASSUMPTIONS/CLARIFICATIONS 1. Survey based on the survey limits provided by AECOM dated January 31, 2011, as shown on the attached Exhibit "B" and Exhibit "C". 2. Client to provide legal descriptions for APP leaseholds. Ownces Initials: - C&T Initials: C 00C';MF--1\E4ATn1-1\LOCATS-1\Temp\1fL17/111Uu1 133W1\uMUJ.07 AZWK 007.; Ylmr. Page I of S Pmpr)rl kr FPR AV-1. r :�,; •,ti" ::v' r.4:•> j� drri / p .`}`f\^'ir`4n��_ I'.. � �q e. `,. ..-,..2... :'..-. �, •.�) �.r .., ... .. ., `�: '.. ', :... •�,.!_ .... ..A.�,. ...N. ,,a?RY„< , ±. ..�,..-.l:�.M�.t;:,.u• ,.. ..Y•',��tr i•�lhe._ .. i,.v. .I>� .*�• ,.-..,,.. ,,. ,. ., �iX•I�+:..i.r .r ,;draEi k,'._......:r+.t'ASa••.. ., Professional Services Agreement Between AECOM & i Culpepper & Tetpet>ing, Inc. (Consultant) for St. Lucie County Airport — FPR Apron Project Number 07-033.07 January 31, 2011 I IV. BREAKDOWN OF FEES FOR BASIC SERVICES Services to be provided by this Consultant pursuant to this Work Authorization (WA) shall be provided in accordance with Section II above. The following is a breakdown of the proposed fees by phase: PHASE 3 FINAL DESIGN SERVICES $ 6,900,00 L.S. *The term "LS" indicates a Lamp Sum fee for the tasks specified and is intended to be a fixed fee, not subject to change without the agreement of both parties. The term 'T&E" indicates a Time & Expense task and this it an estimated budget figure only. V. COMPLETION DATE Work authorized is estimated to be completed in accordance with the following schedule: PHASE# TASK DATE COMPLETE Phase 3 N/A 10 days from NTP VI. DELIVERABLES WORK PRODUCT COPIES Original Signed and Sealed Survey 2 PDF of the Signed Survey Digital copy of Survey VII. AGREEMENT 1.) The following documents, as applicable, are attached and are incorporated into this Work Authorization: • Exhibit A: General Conditions Approved By:, Co. Name Nam Title: Submitted By: Culpepper & Terpening, Inc, James P. "Butch" Terpening, Jr., P.E. President Owners Lvtials: C&T Initials: a\norwte-neMnrrti-tU ocnts i\r•mp\6uwnmai_u3tni\u7.u3.ti.w ALMNIAA , r,,,•.,, Page 2 of 5 Pmpmtl h,r PPA Ap—Am 5•. 9 y,,. F c .7. N'' r l r �t't'' a+e-• -'v, �.�sr `r" ..a• i%i' i �y 'k;J� .'wcs, .'��.,.., ,'^�i`, �� ,�t.;!s4�. r..,. ,. ,. ,..,..r;�:. as , �1't� N � �t,,�,\MT��•��, .�.,+ ,<,•,f1:-�>�:>-�;w.�' .t� � R � �?�, Professional Services Agreement Exhibit "A" to Work Authorizations GENERAL. CONDITIONS Project Number 07-033.07 These general conditions are attached and made part of proposals and agree 1.0 Standard of Care Consultant, providing services under the Agreement, will endeavor to perform in a manner consistent with the degree of care and skill exercised by members of the same profession under similar current circumstances, 2.0 Basic Services Consultant shall provide mutually agreed -upon services outlined in applicable Work Authorizations for a specific project. Specific work assignments will be initiated w directed by the Owner and shall be set forth in individual Work Authorizations. The Work Authorizations shall describe the scope of the work to be performed by the Consultant, the responsibilities of the Consultant, the amount and basis for the compensation to the Consultant. 3.0 Client Responsibilities Client shall designate in writing, a person to act as his/her representative with respect to the services to be rendered under the Agreement. Client shall provide all criteria and information required for Consultant to perform services under the Agreement. Client shall provide for access to and make all provisions for Consultant to enter upon public and private property as required to perform services under the Agreement, 4.0 Compensation a) Monthly progress invoices for basic services and additional services submitted by Consultant are due upon presentation and shall be considered past due if not paid within thirty (30) calendar days. b) hourly services shall be invoiced based on applicable hourly rates in accordance with the hate Schedule which is subject to annual adjustment. c) In order to provide uninterrupted service by Consultant, Client is required to promptly pay submitted invoices. Client shall have a fourteen (14) day review period to request clarification or additional information regarding an invoice. If no request is made during the review period, the invoice is deemed approved and payment will be made in the full amount of the invoice. If payment in full is not received by Consultant within thirty (30) calendar days, all past due amounts shall bear interest at one and one- half (1.5) percent per month from said thirtieth (301h) day. d) if Client fails to make payments when due or otherwise breaches the Agreement, Consultant may suspend performance of services with seven (7) days written notice to Client. Consultant shall have no liability whatsoever to C Pent for any costs or damages whatsoever as a result of such suspension caused by any breach of the Agreement by Client. Upon payment in full by Client, Consultant may, upon written agreement of both parties, resume services under the Agreement and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for Consultant to resume performance. e) Payment of invoices is in no case subject to unilateral discounting or setoffs by Client and payment is due regardless of suspension or termination of the Agreement by either party. for services by Culpepper & TcrpeninLrr, Inc., the Consultant. 5.0 Permit, Agency and Application Fees Client shall be responsible for and pay all project -related fees including, but not limited to, permitting, filing, recording, inspection, plan review, DRI, PUD, rezoning and impact fees. Any mutually agreed -upon project -related fee up to $500 may be paid by Consultant and invoiced as a reimbursable expense by Client. 6.0 Collection Costs In the event that any invoice or portion thereof remains unpaid for more than thirty (30) days following the invoice date, Consultant may initiate legal action to enforce the compensation provision of the Agreement. Consultant is entitled to collect any judgment or settlement sums due, reasonable attorney fees, court costs, interest and cxpenscs incurred by Consultant in connection with the collection of any amount due under the Agreement. 7.0 Reimbursable Project -related expenses such as travel, lodging, per diem, long distance communications, postage, shipping, reproductions, approved subcontracted services and other necessary and customary costs shall be paid to Consultant by Client. These reimbursables shall be compensated at: • Unit prices per Consultant's Rate Schedule. ■ Out-of-pocket expenses, billed at a multiplier of 1.20 to cover processing costs. 8.0 Taxes Any government -imposed taxes or fees shall be added to the invoice and paid by Client to Consultant for services under the Agreement. 9.0 Indemnification n) Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, directors, employees and independent Subconsultants against all damages, liabilities or costs including reasonable attorneys fees and defense costs, arising out of, or connected with, the Agreement or performance by any of the parties above named of the services under the Agiecment, except those damages, liabilities or costs attributed to the negligent acts or negligent failure to act by Consultant. b) Client agrees that as Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, a Florida corporation, and not against any of Consultant's individual employees, officers or directors, c) Client agrees to indemnify Consultant, its officers, directors, employees and independent Subconsultants against all damages, liabilities or costs arising out of, or in any way connected with, the Agreement or the performance by any of the parties above -named of the services under the Agreement by any third party. 10.0 Limitation of Liability In recognition of the relative risks and benefits of the project to both Client and Consultant, Client agrees to the fullest extent permitted by law, to limit the liability of Consultant and/or its employees, officers, directors, partners, agents and/or representatives to Client and/or any person and/or entity claiming by and/or through Client for any and all claims, losses, costs, damages or claim's expenses from any cause -or causes, including, but not limited to, attorney fees and costs resulting from Consultant's negligent acts, errors and/or omissions. 'fhe total liability of Consultant to Client shall in no event exceed $100,000. Owner's Initials: C&•I' initials: Page 3 of 5 a,�R< i ��• •cY':z•, ,s,{ ;`•'-� F .t ,• L4it;i 1 .vrn �.. ...:..��t�?+���'�-t4'•`%'�.....x-....�.-•..�.`-.''l".�.�Y���t{,.�F?`.! Professional Services Agreement Exhibit "A" to Work Authorizations GENERAL CONDITIONS Project Number 07-033.07 11.0 Instruments of Service Ownership a) All reports, plans, specifications, electronic files, field data, notes and other documents and instruments prepared by Consultant as the Agreement's instruments of service shall remain the property of Consultant. Consultant shall retain all common law, statutory and other reserved right,, including the copyright thereto. b) Instruments of service by Consultant are for the sole use of Client and are not to be copied or distributed, in any manner, to a third party, without the express written permission of Consultant Electronic information or files are for informational purposes only. It is the responsibility of Clicnt to verify the accuracy of the information therein and to hold Consultant harmless for any damages that may result from the use of the information. Client at his own cost shall be responsible for validating any and all electronic in formation. provided. 12,0 Governing Law Client and Consultant agree 'that the Agreement and any legal actions concerning said Agreement shall be governed by the laws of the State of Florida. 13.0 Mediations/Dispute Resolution a) To resolve any conflicts which might arise during the performance of Consultant's services under the Agreement, or during the construction of the Project, and/or following the completion of the project, Client and Consultant agree that all disputes, pertaining to the performance of services by Consultant, shall be first submitted to non- binding mediation. Failure by any party to fully comply with the pre -suit mediation provision shall, upon finding by a court and/or jury, constitute a waiver of this condition precedent. The fees and/or costs of mediation shall be equally borne by the parties to the Agreement. b) In the event of litigation, disputes shall be resolved in the circuit court of the Florida county in which the Project is located under the Agreement. The prevailing party in such litigation shall be entitled to recover from the non -prevailing party all reasonable attorney fees, taxable court cosh, expert witness fees and costs, demonstrative evidence costs, and such other reasonable fees and/or costs generally associated with the litigation of such matters, as determined upon hearing, post -trial, by the court. C) Irrespective of any contract provision or obligation of either party hereunder pursuant to contract or agreement with persons) and/or cntity(ics) not specifically named herein, Consultant shall not be obligated to participate in, not be a named party in, any arbitration proceeding without the express written consent of Consultant. 14.0 Delays a) In the event the project under the Agreement is delayed for a period of more than fifteen (15) calendar days by any act or omission by Client or any other causes beyond Consultant's exclusive control, Client agrees that Consultant is not responsible for any and all damages arising directly or indirectly from such delays. In addition, if the delays resulting from any such causes increase the cost or time required by Consultant to perform its services in an orderly and efficient manner, Consultant shall be entitled to an equitable adjustment in schedule and/or compensation prior to re- commencing work on the project. b) Client recognizes and agrees that factors both within and without Consultant's control may delay the work performance, permit issuance, d struction of the project. Client agrees that it shall not be claim for damages due to hindrances or delays from any 9'�. ever including, but not limited to: the production of contract ; review of documents by any government agency; issuance of im any government agency; beginning or completion of construction; or performance of any task of the work pursuant to the Agreement. Permitting is a regulatory function and Consultant does not guarantee issuance of any permit. Agency reviews and permitting are deemed "factors" outside Consultant's control. 15.0 Termination The Agreement and the obligation to prdvide further services under the Agreement may be terminated by either party upon seven m days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of termination of the Agreemtnt by either party, Client shall within fifteen (15) calendar days of termination, pay Consultant for all services rendered to date, all reimbursable costs and termination expenses incurred by Consultant up to the date of termination, in accordance with the payment provisions of the Agreement. 16.0 Renegotiation of Fees Consultant reserves the right to renegotiate fixed fees to reflect changes in price indices and pay scales applicable to the period when services are rendered. 17.0 Construction Phase Consultant shall not, during any site visits or as a result of observing Contractor's (s) work in progress, supervise, manage, direct or have control over Contractor's (s) work. Nor shall Consultant have any authority or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing its work. Consultant can neither guarantee the performance of the construction contracts by Contractor(s) not assume any responsibility for Contractor's (s� failure to finish and perform its work in accordance with the contract documents. 18.0 hazardous Materials Consultant's Scope of Services does not include any services related to the presence of any hazardous or toxic materials including, but not limited to asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials. In. the event any hazardous or toxic materials are present on or about the job site or any adjacent areas that may affect the performance of Consultant's services, Consultant may, at its option and without liability for consequential or other damages, suspend performance of its services under the Agreement until Client retains appropriate consultants or contractors to identify and abate or remove the hazardous or toxic materials in full compliance with all applicable laws and regulations. 19.0 Signage Client agrees to provide Consultant with a location for Consultant's temporary construction signage on the project site before and during construction activities. 20.0 Successors and Assigns Neither party to the Agreement shall transfer, sublet or assign any rights under or interest in the Agreement (including, but without limitation, monies that may become due or monies that are due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by Consultant shall not be considered as an assignment for purposes of the Agreement. END OF DOCUMENT r Owner's Initials: C&f Initials: Page 4 of 5 a+,w$:p?•mn1'i';s1%;,. ?t' ;.aa �S' "'rl. .ei>,. .;},,,. vk`i.��j+.4;'LX�::•�--�. ...,^,s.° ..:'��'$` £^ ra. �.: .�:-; ..,:.�...-:.�,:;^ •ct1. b t� ��ra�.,I,p•. r ,3+• ,.. .• ... Y..:`Y,:Y l.. r�t.I..;`:.�i. .... ..._'] <.r5..+v1'Sd+.�iA %���i:C..4.'y -i`x• .: .,. ;.:�,.. .. ., :�:}�''i:'�:s,...r.`„�^'+r'I1f,�.Y�ti���.�s.."'Rt.dua�. .���."-`�>:,rt'i%Ii\.i..l'f. ,l..Yii•.v.it4�i'.ti�.f?i�. .. .... .1.:. Professional Services Agreement Exhibit "A" to Work Authorizations GENERAL CONDITIONS Project Number 07-033.07 Appendix A Consultants Hourly & Reimbursable Rate Schedule Professional Services Rate Principal Engineer, P.E. $195.00 Principal Planner $195.00 Senior Project Manager, PE $175.00 Senior Project Engineer, P.E. $135-00 Senior Project Surveyor, P.S.M.. $160.00 Senior Land Surveyor, P.S.M, $125.00 Senior Project Manager $125.00 Project Engineer, P.E. $125.00 Project Manager $90.00 Project Engineer, E.I.T. $90.00 Senior Construction Manager $125.00 Construction Manager $90.00 Construction Inspector $75.00 GIS Project Manager $90.00 Sr, Engineering Technician $75.00 Engineering Technician $60.00 Sr, Surveying Technician $75.00 Surveying Technician $60.00 Administrative Services $40.00 3-D Laser Scan Crew $175.00 GPS Survey Crew $145.00 Survey Crew $125.00 Reimbursable Expense Blue Print $1.50 Blue Print - Color $10.00 Mylar $10.00 Compact Disc $10,00 Small Copy $0.20 Large Copy $0.35 Color Copy $0.35 Federal Express At Cost Travel (Per Mile) $0.50 Outside Services and Application Fees Cost +20% Rates an valid tmtr! 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' .. ��.p.t r ✓ �� f �.44 ��r-/s4 t is� t �� h yt �f p,,� I'���tr: f �r�r� Zp d .t ?.� _ r r<y �` xL.: rCJjC�'•r "fi�� '1 hiA� t 5 1 ;;y� a y i� 1��J r� � �{k �+' 1 �` 'ri� 1 ,�fi,r "{ al {'s, .i f -r 1 ° �p. }}'r -�� -• . � a i Ns'• 4gi i?li'Ftfl .v; s r r �r' . - �I:Y r i,sk S �'y9 C-.�� - zE'.. � Cs.rp. • s'. �y. r f j r� - e aJ 1 r • xk�s� , ��,,yc' , ll'y� Sr' L + el kY jL •i i OUNKMEROER -engineerin * 9 testing, incviioviN.dtihkelh, oat F00- Laad,erdalO 9 Lakeland AE(,QM Ty - iispoxtation.. Taiwary 26.', 2011 . 2202 N.-W-ostshore BmIlevard Project No. HL-4 1-3297 Sultd, 45 5 Tanil.)a,"Fidrida 3307 Attetition: Mr, Andr K-ctcO@.(WOPI. cohl) .m. Knori P,.E,,.. Wei emafl (Andy Senior Project Managor Subject.: GeofewhWea[SerNees AprOnTrOfeet tit" -Y RMI not Alepot Dear Mr, k4cer-: -Put pa I yo-kir.r..q., h . A quogt� W.O �03 is:propos.81. io -provide gootcohnical' sermicesill 0 P connection with.'the Aprot) ProjecL Ottx;,scope :of .t to your oma wk, .9 -q4&y. out -this :scope; ofwork ftpd. fee bgs-is.. Ab",OWW 0 -e Wil the f I.X010 J$:9NfII 0)) W-6, aaficlptQ that - m1r. -w(jik - well. be. executed :wider a a90.01*bt fuffitght :by A *V ` (a _--CO-M TrW*6M� 11' 'fljaok yqu for c-onsi.det-i.ng..Diiiikelboj!gel, for,this-Assignmen't. Shotild any clarification ofafii :P V.ay:trxily yours" OVNKCLURGML'NGJ . W . MKM.&T,jJ$TMIffiC Chris L. mim! Eng'ineer. Attacbment% A — Scope 'Work ' B—Tstimate. &Fce.'Breakdown State of Florida 13o.ard,'4f Pedfos.slb-O.A[Rn 0`10604 A*O0A0IOn'NQe 8-87P Attwhient A Dunk-eIberger is to provide.goolechnical services in connection with the Aproli Project at Ilw St. Lucie Coun.ty. .InternafloifAl Ali -port. DLIAeffiergWs work 'will be fury Wied to A-18COM as a stibconsgltant undof AECOM's. -collfract With $t. 'bide'-Coull.ty. A. !1101.6.s e ih )b .gr 0 1. 10 100YO Pp4ke., pvgor s q _k scope,§6b..dd'p gtld ..P R compensation is provided Hereafter.. SCOPE i0r, -Stl RVIC.... t,✓8 Dtink6lb '9e'rliar --beerl'-g.quested to peifortn -gedtediiiical. service.&,fok the, Aprop. The requested: work. will involve .dri'l-11fig to St4NOal'(1 PC116(l.-itioll Test borings, e-adh 10- feet sleep:� PxvOiient coiw.. are to -becot at each SPT 1066tibh. The following -biltlipbs..this ftr and"tho: a§o&i4tqd. '' uk M ... .a Wo. Cut lui p#dhi'e#t'c'o'rjes:, t6jn,&as.tvt. and diftuilIdOt"the ffiia�d.tt bUth.6 --'.6xi'8tihg pAv Inot SW04. 601hp.0".ijeOfs td%j -A-C thickness, iati&. AC layer thicknesses, cracks ;if ic hess, �ppyvqn 40s of AC 61k- if ge.sop -in the c6r.es, 6md tlWthickftess. of ttte basem. aterial imJety underlyingthe e AC m pgveelit), . Hkplore. flie-shallow'subsurfaco condidoits berioaththe-oxistIng pave.limit stru Wrp witb f0j. 1.046ot deop stah'aard'iekle. tr,qti, 0t (SPT-) holes;: edge :of the apron., 'The-lesting. will 'be.perhormed '(03R) -nlethod' and Opllvejteo Jtp:In equivalent (2hR_val pe-, Ajnqdu!'08 Wae foi• the. base will be dstimated ti'sfag corr6latlo.ns with .jlie!.Olegsuped LRR valuer Measure li4-ftipftto grouildwgter at ea6h.boring,location. Grolk sea[ (mi),.jbe. Spt bprej1ples. to: Nvitfiln, -ftilt -6: 1001jes- of 0. gild then fill the .; . .. I (, ., ... .... 'SUO m tp6r. pflhle -h.61.1(e W.J�lv* ka O-)Qp b'd),%co. 4- To.stsdected and.organde A-0 C18 `F�i t R� will .1 q.1 dla I. a 'tYi t.1 I.... I S nil igih,6 Soils in . ..... 1 Pr-epOfodad, �V� NY.fflken repast pfesellti1�9 the ,field.. O.r iiiY-and .laboratory -tWing: results, acid d6scdblqg ilie--soi-l-.'!aiid-.g(-otiiidwatei!:c.onditi.oiis encountered in,the borings. The report.%will include -graphical bodn dI'hg.:the. Qompos alid-discussion re,90V -.s�jrpngttj aqd qvqA'-sA,(ity cif Lilt dwi:0-sRo. afetiils�. th'' sighed. -d-iby.. P,-: o. ..M repot W..Oda*fe&�Ored professional,engirigor. . d A .:soole � We. will initiate oqr:�y pk,.m�njpd, ia q y upoo receiving n"tt n not fficAt i. 6i to prqqeP4 .%vokwili. include locating 010I.a pqiot h., the d atid notifying lftlshine One Cali IpOutility JocaW, 944 cooidtnatitt tt 96ffie-with.gdf Vttaffarid. FAA, 0epen'ding on anyspe6 coiiMraitits by airpbi-�ve...Antidio b ifig.ollf 4611W9. r-19 10 --jh� site 'Jh utilities. being cleared in...'theAteld. expect the. I�ON IJ Z-.1 sv.ft --Aoiii 3: days of the utl We ,:iril.ling poitlon of the :field work. will.require. 2: days Ito: comp']ete. testing and sport pr8paration• will be lovvthg-complefioij- the. fild-N-vork. W--e* ti6 deliver I original copies of the xpoc.. geotoohjiical. ropm...."to you within apptbxhlidely to-4 weeks U y.O6x.h6flbd to prdfted Interim 1In0ioil 0- kni t :be 0 A p631d. dk k-EkeoOftiplishM, if-deedoil, t�v-- Ided-prior to Wd �0p.-brt-.Wb*R�at-Ag.co gnd.la�b �v The se. services; °twill be d of 4 outlined so vibes, DUNKELBERGEIR COAME, NS fixed k. 8,'$ed on the woik' scbpe desdib6d il: -d OuV we . baye e-stAbljsltd a fiYt;O.TpahiQi.irit bf,$0,300 fol. peirfigrIT)WICP Ofthe t C� R R P, IR 0, ou LO 10. 9 0 .i7 (D " -IT (D -0. fR 0 Co 69 0) 04 Fo 'q t-.04 9 19 0 0: 4M 09 9 OPP, 0 (WEI .Lu., 0 (o IM tk tD. co o .0 cD. q islep 0 o 0 CL S 0. 9 1.j a ci tlCoF 0 0 cr 0 0 c)Cf .0 . 6 8 d 6 C5 ..0 . 0 0 i6 0 Lr) 10 OD. C.0 fn J) Cc: E 'C� 00 FAI P, iro W. Wo. Itt - V) Lb CN 73.. 8Aq:1 2— to m OL 8:4 OL .0 "0 E �d cg*� 'Da 0--i� 82. ;w 0 , Ws Z., 6*' v) Lu W. . ..;,o .a no ca I LEGSND' 4... .9. :.SYMBOL 0 �'AR IA .'RtA LIMIT PR0JfQTNARE,*! iiiJJJ A , * R't 0:9 00KNICALOR WOW$. RG K I:Sketch No.: ST. LU',b-(F-- COUNTY It-TERNATIONAL AIRPORT 1'.AECOM ... I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks, Recreation and Facilities ITEM NO. VI-F1 DATE: 5/17/11 :7 Xrl111J W1617 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Debra R. Brisson Director SUBJECT: Waiver of Facility Rental Fees for the 2011 Police and Fire Games BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 14, 2009 BOCC waived $14,582 in facility rental and staffing fees for the 2009 Police and Fire Games. June 8, 2010 BOCC waived $12,808 in facility rental fees for the 2010 Police and Fire Games. RECOMMENDATION: Board approval to waive $18,824 in facility rental fees for the 2011 Florida Police and Fire Games as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) ^tK, �. flJ. w Budget Analyst ( ) D niel McIntyre Originating Dept. ( X) Purchasing ( ) ebra R. Brisson Parks, Recreation & Facilities TO: Board of County Commissioners FROM: Debra R. Brisson, Director 66P DATE: May 17, 2011 SUBJECT: Waiver of Facility Rental Fees for the 2011 Florida Police and Fire Games ITEM NO. VI-171 Background: The Florida Police and Fire Games Committee has requested the use of five (5) St. Lucie County facilities for the 2011 games: 1. The Havert L. Fenn Center for men's and women's basketball, 2. The St. Lucie County Fairgrounds, Equestrian and Event Center for horseshoes and equestrian events, 3. The John B. Park Sports Complex for men's and women's tennis and soccer, and 4. Digital Domain Park for men's baseball. The County will be required to provide staff support and some materials and supplies which will be paid for by the Treasure Coast Sports Commission. In 2009 and 2010, St. Lucie, Indian River and Martin Counties hosted the Florida Police and Fire Games which brought over 8700 athletes and spectators in 2009 and 7000 in 2010 to the Treasure Coast. Tom Colucci, Executive Director of the Treasure Coast Sports Commission, estimated the economic impact of the 2009 and 2010 games to St. Lucie County to be approximately $1.9 Million annually. In 2009, the Board waived $14,582 in facility rental and staffing fees. Last year, at staff's recommendation, the Board waived only facility rental fees totaling $12,808. The County was reimbursed for staffing and materials and supplies costs by the Treasure Coast Sports Commission. Staff estimates fees for SLC facilities for the 2011 Police and Fire Games as follows: Facility Facility Rental Fees Staffing Fees Materials & Supplies Costs John P. Park Sports Complex (tennis) $640 $640 $50 John P. Park Sports Complex soccer $1,080 $400 $100 SLC Fairgrounds $10,625 $1,512 $400 Havert L. Fenn Center $5,104 $1,076 $420 Digital Domain Park $1,375 $1,625 $100 Total estimated fees $18,824 $5,253 $1,070 As the Treasure Coast Sports Commission and the Florida Police and Fire Games Committee has agreed to pay for staffing and materials and supplies, staff is recommending that the BOCC only waive $18,824 in facility rental fees. Recommendation: Board approval to waive $18,824 in facility rental fees for the 2011 Florida Police and Fire Games as outlined in this agenda memorandum. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks, Recreation and Facilities ITEM NO. VI-172 DATE: 5117/11 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Debra R. Brisson Director Waiver of Facility and Bleacher Rental Fees for the 2011 WetFest and Approval to Sell Alcohol See attached memorandum. N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to waive $400 in facility rental fees and $350 in bleacher rental fees for the 2011 WetFest at Museum Pointe Park and approval to sell alcohol as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) !VX P Budget Analyst ( ) Daniel McIntyre Originating Qept. ( X) Purchasing ( ) Debra R. Brisson Parks, Recreation & Facilities MEMORANDUM TO: Board of County Commission rs� FROM: Debra R. Brisson, Director DATE: May 17, 2011 SUBJECT: Waiver of Facility Rental Fees for the 2011 WetFest ITEM NO. VI-F2 Backaround: Staff has received a request from Captain Donald Voss of the Marine Clean -Up Initiative, Inc., a registered Florida Non Profit Corporation, to waive $400 in facility rental fees for Museum Pointe Park and $350 in bleacher rental fees for the 2011 WetFest. Per the attached Special Event Application, the purpose of the event is to bring awareness regarding our water environment and the expansion of our Eco-tourism Industry using City and County Support and to promote the Marine Clean -Up Initiative and the role they play in keeping our water clean. Captain Voss has agreed to pay other costs associated with the event, including, but not limited to, rental fees for the mobile sound stage, staffing fees and clean-up fees. Additionally, Captain Voss is requesting approval to sell alcohol at the event, which according to adopted policy, the Board must approve. Captain Voss will acquire all permits to sell alcohol per Florida Statute XXXIV, Chapter 561 and all permits required by the City of Fort Pierce. Recommendation: Board approval to waive $400 in facility rental fees and $350 in bleacher rental fees for the 2011 WetFest at Museum Pointe Park and approval to sell alcohol as outlined in this agenda memorandum. ST. �,UCM Ct]VNTY p A,Ry,.S AND C)�EA~'J KON SERVICES SPECIAL EVENT REQIJEST AF)eLIC.A TION �3 PA M) nis forth mubt be filled out entirely 45 to 60 days prior tv event date. A detwWnotion wig be made witbiin 7 days of the subMission of this application $ppzQving ar dMYW9 Your request- If mare information i5 naodsd tfte event Goan pumon vriil be notified, Please do not move lbrward with stay event coordinating, advexticing atc,,.u:atal you have rocew.ved approval £root the CoOtY. If approved. ifie fum mt)ne. Certifctu and a $Soo deposit are requimd before a wMact carp. be iaitiated. AX other ap"tiate documentation ad Uwe payutent (Personal Check, Certified Cbcafc or Casbier's GlXuc)t) nwg be subMitted 30 ddys tcfvre the ovens data, )±vr mbro infoxxmatiorz or ag4ig tGe diving the completion o#tlre ®ppiioatiop please contact Robert Grmt at 772r462-1523, Cox),Wt Person au<ad mauls Name: 3)09.0 i Q4-5 (fl tU t S-�,a �,;�"7: Contact address: .7 �. �etilldt� 1VQ I, 1�� pity: t ' I P ( Zip: 3 �1? l l - p>ar�n+�: Ertl ,A,d&ess�- Name, of proposed event: 15 the svpporfing goup a. Nou-Profit Uoup7 Yes X (provide prooO n:o . - Dato of proposed M.Ut: , tt l 5 �.a f L—Estimated Atmndapce expected: (40, - - Times: Open gates for veudors� � Opm and Clpsc gates for gerneml public Will ,alcohol be sold or provided? Yes .K BO �Iow many volunteers IP411 the event contact per= prcrv3,de: S ? Vir<aIi you,.ollect sponsorships to cover- event costs? i Explain haw You will prornate the event: Furpose of event, Be as spcoz�c as possible: Duu(4ribe the vezid-?rs you will want to nave on Will you chorge for vendor space? i£ w, how zz�ucb�7 �� t��. `R n t � � �� v �aa t� What types of food vendors do you watt Cm siW? Please i ndle to the need for our mobile stage, Wensions =4 # of bloadhers? J ids.."_ F-xplain the needs for ele achy: Explain the need for watev - Wit], y qu laav , youth activities aM of awuws=e,at r es ' oluding atabls's? Explairu Will you charge adWssion? NSo, how mach? J '�► - Wiil a Vwde be. a put of the event? - / v; - - - Wi1i Emy streets need to be closed for this event? Explain: / 1✓ Do you need the press box, PA systm and/or scomboard? Explain: )Do yvu need the tioket bonth's? yes Will lireworksS be deployed at this Event? yes - -- no-- A--.. Will a bonfire be held at this cvcnt? yes no `K� will there be lire musical cntertainmcnt? yes —ty--�_no Will tents larger than 10 x 10 be crcctcd? If yes, see below — no — Will there be water attmotioas at this event? ycs no Plet�,ye ,fax ox bjzWg U,5 fo a and all otber izti'orw4fion to; Robert Grrant Recreation Supen sor I St. Lucie Couaty Parks and Recreation Services 2000 Virgixua Ave. Ft. Pleme, FL 34982 772-462-,1523 off. 772-462-1128 kbx 772-216-0145 cell -PLEASE NOTE: ? j✓vvxt purmfts - F9A fierce, City Clerk 460.2,200 x371 —100 South Diode Highway > Proof of Security dwmiont accded - Fort Fiemc Police and/or Sheriffs Dept, > Tmu larger than. I Ox10 require perX - St. Lucie County Fire Prevention 621.3371 No glass bottles of any kind allowed > Diagt t of event layout > Music rust end at 1 Opm tl ise Ordinance:) ;;,, Please leave parking area and vendor occupied spaces free of any trash > Non -Profit Tax Exempt Doaw nem if applicable IN$UTANCE C1EtUMCATE- naming Sault Lucie Comfy Board of County as Additional Holders- General Liability, > Mininiumn One Million Dollar (1,000,000) per Uccumnce Two Million Dollar (2,000,000) General :A.ggregate > P'lcase be sure that: event numv, on Insurance Certificate matobes event nerve on Contract Alcohol Liability (1,000,000) needs to be att shed to la=anoe Certificate, if applicable EQUWMWNT AND STAFF C GES: ):- Mobile Stage $500 Profit/ S350 Non -Profit - $50 &texzsions > Mobile Bleachers - $250 Profit 1$150 Non. -Profit (Seats 250-300 people) > Garbage 13ia - drop, hatnl & dump $200.00 for 10yd., or $300 fox 20yd, A (l) Mainwriance Staff - $20 per hr. I afl:t,T.o[t ttte Wbonaaon provided above is true. I realize by submitting this application does not automatically approve xxry eV4 ant, r Evexxt Contact Siguatur.e: »-�,�� Date, ! I.`'0 Zd) Last Revised 10/25/2010 AGENDA REQUEST ITEM NO. VI-F3 Revised DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debra Brisson SUBMITTED BY: Parks, Recreation & Facilities Director SUBJECT: Award of Bid No. 11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1930-562000-FE003C General Fund -Hurricane Frances -Courthouse PREVIOUS ACTION: April 12, 2011 — BOCC approved Budget Resolution No. 11-081 expediting solicitation of competitive bids, and waiving the bid process for the direct purchase of materials. RECOMMENDATION: Board approval to award Bid No. 11-023 to Paul Jacquin & Sons, Inc., conditioned on Paul Jacquin & Sons, Inc. executing the county contract form, as sent out to all bidders in Addendum #3, within the time required by the bid and without modification and should Paul Jacquin & Sons, Inc. refuse to execute the county contract form without modification, Board approval to award to the next responsible responsive bidder and authorization for the Chairman to sign documents as approved by the County Attorney and outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED Coordination/Signatures County Attorney ( x) ` an McIntyre Originating Dept. ( x) Roger A. Shinn CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Manager Contract Coordinator r Marie Gouin Jennifer Hill F �c (Name) PARKS, RECREATION AND FACILITIES MEMORANDUM TO: Board of County Commissioners FROM: Debra Brisson, Director kL- DATE: May 17, 2011 SUBJECT: Award of Bid No. 11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building ITEM NO. VI-F3 (Revised) Background: In September of 2004, during Hurricane Frances and Jeanne, the (Old) Clerk of Court building experienced significant water intrusion primarily through the windows. Damage was so extensive that all four (4) floors of the building had to be gutted. Working in conjunction with FEMA, in January of 2007, the County proceeded with renovation of the 1st and 2nd floors of the building. May of 2009, renovations of the 1st and 2"d floors were completed. Invitation to bid went out April 17, 2011 for Bid No. 11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building. Bids were due May 10, 2011. Per Demandstar.com, 526 companies were notified, 32 bid documents distributed and five bids received (Attachment 1). Paul Jacquin & Sons of Ft. Pierce (St. Lucie County) was the lowest bidder at $1,980,000. Recommendation: Board approval to award Bid No. 11-023 to Paul Jacquin & Sons, Inc., conditioned on Paul Jacquin & Sons, Inc. executing the county contract form, as sent out to all bidders in Addendum #3, within the time required by the bid and without modification and should Paul Jacquin & Sons, Inc. refuse to execute the county contract form without modification, Board approval to award to the next responsible responsive bidder and authorization for the Chairman to sign documents as approved by the County Attorney and outlined in this agenda memorandum. z co o z co 0). m rn z Q LLI y U ti M N fir C ll d7 Z - LO O LO o C U co C) o 0 U)m E L N Q U) U a N z (AO W d Q N z U) U U) tL ❑ F-- J LL w = m z — ccl o ~ to v cn rn o o O Cn U N C 0 a, W U m (L o a) N CL ❑ U- > IW— E X 0 o d � w Y mow a lima r man J Z O rl- o Cl U 04 j U Cf) D ui m �j o (D 'I Q c W :E Z m X U U O IL W • Q 05 cD = 1 co O M a.0 cn z U L <D d C o t7 N N to U) o N ti w O J o N LL 0 d r U-LL T � x• 0 O N Z O LO : U^) Lu ~ i JA =) W Q a z > ❑ O y E 0 ❑ Q U d O O s_ Q Q pU m T m O O O E Q d E E M W 0 Z Z z TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks, Recreation & Facilities ITEM NO. VI-F-3 DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) PRESENTED BY: Debra Brisson Director Award of Bid No. 11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building. See attached memorandum. FUNDS AVAILABLE: 001 -1 930-562000-FE003C General Fund -Hurricane Frances -Courthouse PREVIOUS ACTION: April 12, 2011 — BOCC approved Budget Resolution No. 11-081 expediting solicitation of competitive bids, and waiving the bid process for the direct purchase of materials. RECOMMENDATION: Board approval to award Bid No. 11-023 to Paul Jacquin & Sons and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x) OMB Director ( x ) a� pa,y Budget Manager Dan McIntyre Contract Coordinator Originating Dept. ( x) Ci Ro hinn Marie Gouin Jennifer Hill Melissa Simberfund (Name) HAAGENDA - 369 PARKS, RECREATION AND FACILITIES MEMORANDUM TO: Board of County Commiss' n rs FROM: Debra Brisson, Director DATE: May 17, 2011 SUBJECT: Award of Bid No. 11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building ITEM NO. VI-F-3 Backaround: In September of 2004, during Hurricane Frances and Jeanne, the (Old) Clerk of Court building experienced significant water intrusion primarily through the windows. Damage was so extensive that all four (4) floors of the building had to be gutted. Working in conjunction with FEMA, in January of 2007, the County proceeded with renovation of the 1st and 2"d floors of the building. May of 2009, renovations of the 1st and 2Id floors were completed. Invitation to bid went out April 17, 2011 for Bid No. 11-023 — Renovation of Floors 3 & 4 of the Old Clerk of Court Building. Bids were due May 10, 2011. Per Demandstar.com, 526 companies were notified, 32 bid documents distributed and five bids received (Attachment 1). Paul Jacquin & Sons of Ft. Pierce (St. Lucie County) was the lowest bidder at $1,980,000. Recommendation: Board approval to award Bid No. 11-023 to Paul Jacquin & Sons and authorization for the Chairman to sign documents as approved by the County Attorney. z z z c C c a- c rs c CD m (D (D " " 1 9 o o o s a o ti (n rL CD 0 3 m c 7 N a� y to N Q C N 0. w C11 Ncn N � co 0o O O O D X N CD N co CD v T C V fn L O D 0 z 0 D T C — z Qo x OO -fl cp z g -CD co m co rn w C o r- CD O 0 z W a D z D x 3 --q < N CYI com 0 Xcc Cl) o n N O 01 w O O co C1 CD O CD z 0 T CDm0� 3v N X (Z n D On v � -� N ' m o CC) C n m o p cn 0 O z CD T X W N m co CA9 CD co CC) co Z r (7 o 0 0)G) n w m z O O z O r O X cn G± O m O ^o f r m O -n 0 O N �T W c r z G) CU 00 9 x g 0 O zO me X z me 0;o i > N m- zG) IN- ITEM NO. VI — G1 DATE: 5117/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, Director of Finance and Technology -/7/ SUBMITTED BY: St. Lucie County Sheriffs Office, Administration SUBJECT: Authorization to apply for the 2011 Paul Coverdell Forensic Science Grant BACKGROUND: The St. Lucie County Sheriffs Office is requesting authorization to apply for the U. S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ), 2011 Paul Coverdell Forensic Science Grant. This grant has a maximum award amount up to $175,000.00. Coverdell funds are used to improve the quality and timeliness of forensic science by eliminating the case backlog in the analysis of forensic evidence and to train, assist and employ forensic laboratory personnel. No matching funds are required. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorizes the application submission of the 2011 Paul Coverdell Forensic Science Grant with an award amount up to $175,000.00. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) AA �'U ps h Budget Analyst D&n McIntyre Marie Gouin ^"-1 0,4.,Z:j Sophia Holt Originating Dept. ( ) (Name) ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriffs Offic. DATE: Tuesday, May 17, 2011 SUBJECT: Authorization to apply for the 2011 Paul Coverdell Forensic Science Grant ITEM NO. VI — G1 Background: The St. Lucie County Sheriffs Office is requesting authorization to apply for the U. S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ), 2011 Paul Coverdell Forensic Science Grant. This grant has a maximum award amount up to $175,000.00. Coverdell funds are used to improve the quality and timeliness of forensic science by eliminating the case backlog in the analysis of forensic evidence and to train, assist and employ forensic laboratory personnel. No matching funds are required. Recommendation Staff recommends that the Board authorizes the application submission of the 2011 Paul Coverdell Forensic Science Grant with an award amount up to $175,000.00. cgd Print Page Page 1 of 2 0", PYour Resource for Police Grant Assistance Paul Coverdell Forensic Science Improvement Grants Program Grant Details: Amount: $28,000,000 Application Due Date: 05/20/2011 Description: Deadline: 11:59 p.m. eastern time on May 20, 2011 Overview: The Paul Coverdell Forensic Science Improvement Grants Program (the Coverdell program) awards grants to States and units of local government to help improve the quality and timeliness of forensic science and medical examiner services. Among other things, funds may be used to elminate a backlog in the analysis of forensic evidence and to train and employ forensic laboratory personnel, as needed, to eliminate such a backlog. State Administering Agencies (SAAs) may apply for both "base" (formula) and competitive funds. Units of local government may apply for competitive funds. Eligibility: States and units of local government may apply for FY 2011 Coverdell funds. States may be eligible for both "base" (formula) and competitive funds. Units of local government within States may be eligible for competitive funds and may apply directly to NIJ. Any State application for funding must be submitted by the Coverdell) SAA listed on the OJP Web site. Each applicant must satisfy the specific application requirements outlined in this announcement, the general requiements for NIJ and OJP grants, and all other applicable legal requirements. Grant Purpose: A State or unit of local government that receives a Coverdell grant must use the grant for one or more of these three purposes: 1. To carry out all or a substantial part of a program intended to improve the quality and timeliness of forensic science or medical examiner services in the State, including those services provided by laboratories operated by the State and those operated by units of local government within the States. 2. To eliminate a backlog in the analysis of forensic science evidence, including, among other things, a backlog with respect to firearms examination, latent prints, toxicology, controlled susbstances, forensic pathology, questioned documents, and trace evidence. 3. To train, assist and employ forensic laboratory personnel as needed to eliminate such a backlog. Grant Period: 12-month period. Applicants are asked to establish a project period of October 1, 2011, to September 30, 2012. Applicants should be aware that the total period of an award, including one that received a project period http://www.policegrantshelp.com/print.asp?act=print&vid=2044772 5/6/2011 Print Page Page 2 of 2 extension, ordinarily will not exceed 3 years. Funding Areas: 1. Personnel: Funds may be used for forensic science or medical examiner personnel, overtime, fellowship, visiting scientists, interns, consultants, or contracted staff. 2. Computerization: Funds may be used to upgrade, replace, lease, or purchase computer hardware and software for forensic analyses and date management. 3. Laboratory equipment: Funds may be used to upgrade, lease, or purchase forensic laboratory or medical examiner equipment and instrumentation. 4. Supplies: Funds may be used to acquire forensic laboratory or medical examiner supplies 5. Accreditation: Funds may be used to prepare for laboratory accreditation by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board, the National Association of Medical Examiner, or other appropriate accrediting bodies. Funds also may be used for application and maintenance fees charged by appropriate accrediting bodies. 6.Education, training, and certification: Funds may be used for appropriate internal and external training of staff that are directly and substantially involved in providing forensic science or medical examiner services. 7. Facilities: Funds may be used for program expenses relating to facilities, provided the expenses are directly attributable to improving the quality and/or timeliness of forensic science or medical examiner services. 8. Administrative expenses: Not more than 10 percent of the total amount of a Coverdell grant maybe used for direct or indirect administrative expenses. Match requirement: This is not State or local match requirement under the Coverdell program. General Management Svstem (GMS) Contact Information: Contact Name: Alan C. Spanbauer Contact Email: alan.spanbauer(a)usdoi.aov Contact Phone: 202-305-2436 More Information: http: /Iwvvw.ndrs.gov/gdffilesl /nii/s1000952. pdf http://www.policegrantshelp.com/print.asp?act=print&vid=2044772 5/6/2011 k 7 ITEM NO. VI — G2 DATE: 5/17/11 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long, Director of Finance and Technology SUBMITTED BY: St. Lucie County Sheriffs Office, Administration SUBJECT: Authorization to apply for the 2011 COPS Hiring Program Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting authorization to apply for the U. S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS) 2011 COPS Hiring Program Grant. Funding from this grant will be used to enhance the School Resource Program in local St. Lucie County Schools by providing salary and benefits for 21 entry level deputy positions in the amount of $4,695,341.91. This grant provides funding for three years and grantees are required to retain each position for at least 12 months following the conclusion of the funding cycle. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorizes the application submission of the 2011 COPS Hiring Program Grant in the amount of $4,695,341.91. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Droq Budget Analyst DaMcIntyre �oc T ne Gouin i.l. H �- phia Holt Originating Dept. ( ) (Name) ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriffs Office DATE: Tuesday, May 17, 2011 SUBJECT: Authorization to apply for the 2011 COPS Hiring Program Grant ITEM NO. VI — G2 Background - The St. Lucie County Sheriffs Office is requesting authorization to apply for the U. S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS) 2011 COPS Hiring Program Grant. Funding from this grant will be used to enhance the School Resource Program in local St. Lucie County Schools by providing salary and benefits for 21 entry level deputy positions in the amount of $4,695,341.91. This grant provides funding for three years and grantees are required to retain each position for at least 12 months following the conclusion of the funding cycle. Recommendation Staff recommends that the Board authorizes the application submission of the 2011 COPS Hiring Program Grant in the amount of $4,695,341.91. cgd Print Page Page 1 of 2 01 P0JiC8GP8fitSUeJP.00M Your Resource for Police Grant Assistance COPS Hiring Program Grant Details: Application Due Date: 05/25/2011 Description: Deadline: May 25, 2011, at 8:59 PM, EDT Overview: The Office of Community Oriented Policing Services (COPS) is pleased to announce that we will be accepting grant applications for the Fiscal Year (FY) 2011 COPS Hiring Program (CHP). Subject to funding availability, approximately $200 million may be available under FY 2011 CHP for the hiring and rehiring of additional career law enforcement officers. Eligiblity: Full-time sworn officer needs of state, local, and tribal law enforcement agencies nationwide and to increase their community policing capacity and crime prevention efforts. COPS Officer Request: CHP grant funds cover 100 percent of the approved entry-level salary and fringe benefits of each newly - hired and/or rehired, full-time sworn career law enforcement officer for three years (36 months). CHP grant funding will be based on your agency's current entry-level salaries and fringe benefits for full-time sworn officers. There is no local match for this program. Three Specific Hiring Categories: - Hire new officers - Rehire officers that were laid off - Retain officers scheduled for layoffs Application Invitation http://www.policegrantshelp.com/print.asp?act=print&vid=1954564 5/6/2011 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Housing and Community Services/Community Services ITEM NO- VI-H1 DATE: 05/17/11 REGULAR PUBLIC HEARING ( ) LEG: ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: i Stefanie Myers Community Services Manager SUBJECT: Coast2Coast Rx Card BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 11, 2006 — Board approved participation in the National Association of Counties (NACo) discount prescription program. RECOMMENDATION: Board approval to cancel the contract with NACo/Caremark and enter into an agreement with Coast2Coast Rx as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director rr 4� Budget Analyst D;Yniel S. McIntyre Originating Dept. Beth Ryder () W ) Marie Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissigpiers THROUGH: Beth Ryder, DirectorL FROM: Stefanie Myers, Community Services Manager DATE: May 17, 2011 SUBJECT: Coast 2 Coast Rx Card ITEM NO. VI-H 1 Background: In June of 2006, the County began participation and distribution of the National Association of Counties (NACo)/Caremark discount prescription card to residents. This card provides an average of 20% off prescription medications. The NACo program has been initiated in counties throughout the State and has been beneficial in saving more than $6,897,277 for St. Lucie residents since its introduction in this County. The discounts are provided through the Pharmacy Benefits Manager, Caremark, in partnership with NACo. St. Lucie County has placed second in the State with the number of prescriptions filled monthly. A new program has been created by Well Dyne, Pharmacy Benefits Manager that expands upon the discount prescription concept. It is called Coast2Coast Rx (C2C) and provides an average discount nationally of 40-50% on prescriptions from a formulary of more than 60,000 name brand and generic medications. Like the NACo program, the C2C card can be used by the entire family, has more than 60,000 participating pharmacies, does not require the resident to register or pay a fee before the card can be used, and can be used for pets. Several counties that were actively involved with the NACo card, have already made the transition to the C2C program with great success. In addition to the increased discount to residents, the C2C program provides the following: • Up to 60% discounts on dental, vision, and hearing services. • 50-80% discounts on lab and imaging tests. • Direct distribution of the C2C cards to business and pharmacies. C2C handles all administration of the program including printing and distribution of the cards, pharmacy education on the program, customer service inquires; saving staff time for other priorities. • Ability for residents to print a card off of the internet. Multi-lingual information access on the website and through customer service phone lines. VI-H May 17, 2011 Coast2Coast Rx Page 2 e A royalty fee of $1.25 per eligible prescription is paid directly to the County. The $1.25 royalty per filled prescription originates as part of the dispensing fee that is charged by the pharmacy as part of their normal administration. This fee is the same rate, regardless of the payee source (private pay, insurance, Medicaid, etc.). The royalty does not increase the price residents pay for prescriptions. A part of the dispensing fee is given to the pharmacy benefits manager (i.e., Caremark and Well Dyne). C2C has chosen to share part of the fee received with the Counties who elect to participate in the program. This $1.25 royalty is paid directly to the County and could be administered by Housing and Community Services to assist residents with other needs (e.g., prescription assistance, medical procedures, co -pays, etc.). NACo/Caremark does not share its dispensing fee with Counties. With an average of 95,000 prescriptions filled annually, this program could result in substantial revenue for Community Service Programs; while increasing the savings for residents for their medical expenses. Should the Board approve a transition to this new program, C2C will plan and manage the roll- out including a press release. Their staff will handle the collection of old cards and distribution of the new. They will also partner with the County to provide community education and other supports as requested. Recommendation Board approval to cancel the contract with, NACo/Caremark and enter into an agreement with Coast2Coast Rx as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: PowerPoint slides Agreement Coast2Coast Rx Card County Marketing Agreement THIS MARKETING AGREEMENT dated this day of , 2011, by and between Financial Marketing Concepts, Inc., hereinafter "FMC" a Florida corporation, with its principal place of business at: 100 Executive Way, Suite 214, Ponte Vedra Beach, Florida 32082, and St. Lucie County, a political subdivision in the State of Florida; hereinafter "COUNTY" with its principal place of business at 2300 Virginia Avenue, County Courthouse, Fort Pierce, Florida 34982. WITNESSETH: WHEREAS, FMC has created a discount prescription card, to -wit: the Coast2Coast Rx Card, which provides discounts on prescription drugs to individuals and families, and WHEREAS, FMC can provide COUNTY the opportunity to offer its Coast2Coast Rx discount prescription card to its residents at no cost to the COUNTY, and WHEREAS, COUNTY is desirous of providing the Coast2Coast Rx discount prescription card to its residents at no cost to the COUNTY: NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein contained, it is agreed as follows: 1. Benefits. FMC will provide its Coast2Coast Rx discount prescription card at no cost to COUNTY and its residents, and will pay COUNTY a Royalty for each prescription filled that results in a paid claim as listed on Schedule "A" hereof. In addition to the discounts on prescriptions, the card will also offer discounts on dental (DenteMax); vision (Outlook Vision); hearing (Newport Audiology) and imaging and lab tests through an arrangement with Prepaid Lab, LLC and Prepaid Imaging, LLC. Furthermore COUNTY's current and retired employees will receive the. WellCard Health program (www.wellcardhealth.com) at no charge to COUNTY and its current and retired employees. 2. Term. This Agreement will automatically renew every year for another one (1) year term unless COUNTY gives FMC thirty days (30) written notice to terminate, or unless earlier terminated by default. Royalty to COUNTY will continue to be paid as long as COUNTY's residents continue to fill prescriptions under this program, as long as FMC receives its compensation for those prescriptions, and as long as this Agreement is not terminated by COUNTY. In the event COUNTY terminates this Agreement or endorses another discount Rx card, then Royalty will be paid as listed in paragraph 2 of Schedule "A." In any event COUNTY may cancel this Agreement with thirty days (30) written notice to terminate. 3. FMC's Oblations. a. FMC will provide to COUNTY and its residents the Coast2Coast Rx discount. prescription card at no cost to its residents or COUNTY, and will pay a Royalty to COUNTY based on the use thereof. The Royalty will be paid at its full rate as listed on Schedule "A" so long as COUNTY has not endorsed another discount prescription card after the execution of this Agreement. In the event COUNTY does execute an agreement with another discount prescription card after the execution of this Agreement, the Royalty will be paid as set forth in paragraph 3 of Schedule "A." b. FMC will print and distribute the prescription cards for the COUNTY at FMC's cost. COUNTY will approve the card design prior to FMC's printing of the card. c. FMC will handle all administration of the card including the providing of monthly usage reports to COUNTY. FMC will assign a unique Group Code to COUNTY for cards printed by FMC so that. COUNTY's usage can be tracked when the card is used at participating pharmacies. d. FMC will distribute its Coast2Coast Rx Cards to participating pharmacies in the COUNTY and to other such governmental offices (such as libraries, health departments, etc.) designated by the COUNTY. e. FMC will create a private label website for the COUNTY to link to from its. website that will describe the Coast2Coast Rx Card program. Using the website, COUNTY residents will have the opportunity to print a card, search for participating pharmacies, and search for the price of their specific medication(s). f. FMC, with COUNTY's approval, will promote the Rx card in all appropriate media formats, including newspaper, radio, television and internet. g. FMC and its Pharmacy Benefit Manager, will not use any resident's information except as necessary to process prescriptions, and for no other purpose whatsoever. Neither FMC nor its Pharmacy Benefit Manager will contact, transfer or sell resident information to any third party, and both FMC and its Pharmacy Benefit Manager are HIPAA compliant. FMC nor its Pharmacy Benefit Manager will solicit cardholders to use Pharmacy Benefit Manager's mail order unless directed to do so by COUNTY. 4. Indemnification. FMC shall indemnify COUNTY and hold the COUNTY harmless from any loss, claim, liability or expense resulting from FMC's or pharmacy negligence, willful misconduct or from actions resulting in terminating existing discount card agreements. 5. COUNTY's Obligations: COUNTY will provide the opportunity for its residents to receive FMC's Coast2Coast Rx discount prescription card, and COUNTY shall receive a Royalty as specifically set forth on Schedule "A" hereof. 6. Governina Law and Venue. This Agreement shall be governed by and construed in accordance. with the laws of the State of Florida and venue for any proceedings shall be in St. Lucie County. 7. Use of County Seal. For the consideration to be paid by FMC under this Agreement, COUNTY grants to FMC, and FMC accepts, a nonexclusive, nontransferable, limited and revocable license to use the County Seal in connection with the Coast2Coast Rx Discount card program as described in this agreement, and specifically, but not by way of limitation, that FMC has the right to use the County Seal on the discount card, on the private label county website and, in FMC's letter provided to participating pharmacies that educates pharmacies about the program. 2 8. Notice. Any notice required by this Agreement shall be in writing, by certified mail, to the address of each party first set forth above, or at such other address as may hereafter be designated by either party in writing. 9. Entire Agreement. This Agreement contains all the rights, duties and obligations of each party, and this Agreement may not be modified or amended except in writing, signed by both parties. IN WITNESS WHEREOF the parties have hereunto signed this Agreement on behalf of the corporate entity for which they have legal authority to enter into. ST. LUCIE COUNTY, FLORIDA Date: I BY Financial Marketing Concepts, Inc. Date: By: Edward W. Rahn President Schedule "A" FOR ST. LUCIE COUNTY, FLORIDA Coas=oast Rx Card. FMC has offered the opportunity for COUNTY to provide its residents, at no cost to COUNTY or its residents, with ' FMC's Coas=oast Rx Card, and FMC agrees to pay COUNTY a royalty as follows: 1. As long as this Agreement is in full force, then every time a member purchases a prescription through a participating pharmacy, and FMC receives compensation for that prescription, FMC will pay COUNTY one dollar and twenty-five cents ($1.25) per paid claim on a monthly basis. 2. In the event COUNTY terminates this Agreement for any reason, from and after the termination date, the Royalty will be paid at the rate of Twenty-five cents (25) per filled prescription that FMC has received compensation for. 3. In the event COUNTY endorses another discount prescription card after the execution of this Agreement, then the Royalty will be paid at the rate of Twenty- five cents (.25) per filled prescription that FMC has received compensation for. FMC Initials County Initials it . Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! PROPOSAL - FREE DISCOUNT PRESCRIPTION CARD PROGRAM Prepared For St. Lucie County, Florida A G0MM/sS�4 Ulf GC�� CCUNY���VQ Submitted by: Martin Dettelbach Financial Marketing Concepts, Inc. 919-465-0097 marty@financialmarketing concepts.com Working With Counties And Improving The Quality Of Life For Their Residents! 1 Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Proposal For St. Lucie County Financial Marketing Concepts, Inc. (FMC) a Florida corporation headquartered in Ponte Vedra Beach, Florida, is pleased to present this proposal to St. Lucie County. FMC has proven that our Coast2Coast Rx Card offers the greatest discounts overall of any discount card in the marketplace and we welcome the opportunity to work with St. Lucie County. By virtue of our experience and desire to help Americans that can't afford their prescription medications, FMC is uniquely qualified to offer St. Lucie County and its residents the Coast2Coast Rx Card. FMC's discount prescription cards have saved individuals and families over $75 million dollars over the past four years. In 2007 and 2008 our cardholders saved an average of 38%. In 2009, the average savings were 39.5%. Then, in 2010, our cardholders savings jumped to an astounding 45%, while other discount cards continued to provide discounts of only 20% to 25%. We are saving our cardholders over $15,000,000 per month at the present time. Working With Counties And Improving The Quality Of Life For Their Residents! 2 1 Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Key Reasons the County should select Coast2Coast: Best overall Savings: The Coast2Coast Rx Card offers the most significant - discounts of any discount prescription card in the marketplace. In 2011 our average has been greater than 50% savings for our cardholders. <• We handle all administration of the program including printing of cards; shipping costs; all program expense including restocking of the cards _ so no county personnel time is used for our program. FMC send an implementation team to the county to visit all pharmacies in our network to educate the pharmacist and pharmacy technicians about the card. FMC works with the County to determine other distribution points. FMC normally supplies cards to county libraries, governmental offices, health departments/clinics, physician offices, urgent care centers, senior citizen centers, religious organizations and hospitals. •:• We pay a royalty to the county of $1.25 per filled prescription. ❖ FMC has had dozens of counties switch to its program the past two years and no county that has ever had the Coast2Coast Rx Card program have ever left it for another program. We're happy to supply references from all of our counties. Working With Counties And Improving The Quality Of Life For Their Residentsl 3 Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Does St. Lucie County Need A Discount Program? Does St. Lucie County have residents who: •:• Are Uninsured or Underinsured? •:• Have high deductibles or Health Savings Accounts? Can't afford their medications? IN :• Need to save money on prescriptions? Obviously the answer is yes so a discount prescription program would Improve The Quality Of Life And Increase Positive Health Outcomes for St. Lucie County residents. Working With Counties And Improving The Quality Of Life For Their Residents/ a 2 Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Our Business Model Our business model is based on the confidence we have in our program to provide substantial savings for our cardholders. Our goal is to achieve the maximum percentage savings for cardholders ❖ FMC's proprietary marketing techniques ensure the greatest use possible by county residents without using county personnel in the process. •:• FMC is the only discount prescription card that pays a royalty for every prescription filled to a county to help subsidize a county program (usually health related). ,• Working With Counties And Improving The Quality Of Life For Their Residents! 5 Coast2Coast Rx Card The FREE Prescription. Discount Card For Counties! How Can A Program Like This Be Free? This is the most frequently asked question. All of us have always been taught that nothing is free and to be skeptical of anything that sounds too good to be true. However, the Coast2Coast Rx Card Discount Program is a rare exception to both of these concerns. The concept is very simple. Coast2Coast and our Pharmacy Benefits Manager (PBM) have used our purchasing power to negotiate substantial discounts from pharmacies like the insurance companies have done. When a pharmacy fills a prescription for a cardholder, the discounts are credited to the cardholder. The royalty for the PBM, FMC and for the county are taken from the same professional/administrative or dispensing fee that is paid every time a pharmacy fills a prescription through an insurance claim, through a discount program like Coast2Coast or pays cash without any type of prescription coverage. Working With Counties And Improving The Quality Of Life For Their Residents! 6 3 Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Benefits To St. Lucie County Residents A TOTALLY FREE prescription discount program for all residents of St. Lucie County tp receive discounts on more than 60,000 name -brand and generic prescription medications. ee Many nonprescription, specialty and lifestyle medications are also included; over 60,000 drugs are in the card formulary. •S The overall national average discount is about 45%.' •` •:• The overall national savings per prescription is $24.26. 1-. 4• Each month, about 24% of our cardholders save 70% or more,,•' ❖ Can be used at more than 60,000 pharmacies nationwide. S• Accepted at all major chains and 95% of the independent pharmacies. :• Custom webpage to locate participating pharmacies, print a card and compare prices. •:• Cardholders receive up to 60% off on the family's dental, vision and hearing needs plus 50% to 80% discount on lab & imaging tests. Working With Counties And Improving The Quality Of Life For Their Residents! 7 Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Economic Benefits For St. Lucie County This program requires absolutely no expense by St. Lucie County. St. Lucie County will receive a royalty based on the use of the card. Reduction in the cost of providing indigent care. Increase in the rate of positive health outcomes. Increase in purchases at local pharmacies. ❖ Savings will be available to support other areas of the local economy. ❖ More money will stay in the local economy. ❖ Increase in local sales tax revenue to fund other public services. al Working With Counties And Improving The Quality Of Life For Their Residents! 8 El Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Who Can Benefit By Using This Card? ❖ The uninsured ❖ The underinsured ❖ Those with Health Savings Accounts (HSAs) •:• Those who have high deductibles •:• Those who have not reached their annual deductible •:• Those whose medications are not included in their insurance company's formularies •:• Those whose insurance benefits do not extend to lifestyle medications S Those whose insurance does not cover prescriptions while they are in another state w Those whose insurance does not cover medications for their pre-existing conditions Working With Counties And Improving The Quality Of Life For Their Residents! 9 Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Eligibility Requirements •:• Everyone is eligible. ❖ There are no applications, registration, approval process or waiting period. •3 There are no restrictions, exclusions or limitations. •:• No one is turned down regardless of age, health or pre-existing conditions. Easy To Use •:• Simply present your card and prescription at any participating pharmacy. -v There are no pre -authorizations, claim forms or paperwork to fill out. •:• There is no expiration date. •:• There are no restrictions or limits on how much a card is used. 4. One card can be used by an entire family. A All cardholder information is confidential and not sold or otherwise used for any other iamr purpose Working With Counties And Improving The Quality Of Life For Their Residentsl 10 5 r Coas=oast Rx Card The FREE Prescription Discount Card For Counties! List Of Established County Programs Alameda, CA; Amador, CA; Augusta -Richmond, GA; Baker, FL; Buncombe, NC; Charlotte, FL; Collier, FL; Collin, TX; Contra Costa, CA; Copiah, MS; Dallas, TX; Davidson, TN; Denton, TX; Dixie, FL; Dukes, MA; Ellis, TX; Elmore, AL: Fresno, CA; Geneva, AL; Hardee, FL; Hernando, FI_; Highlands, FL; Hill, TX; Hinds, MS; Humboldt, CA; Hunt, TX; Kaufman, TX; Lauderdale, MS; Lee, FL; Leflore, MS; Madison, MS; Mobile, AL; Panola, MS; Placer, CA; Putnam, FL; Rock Island, IL; San Benito, CA; San Joaquin, CA; San Luis Obispo, CA; San Mateo, CA; Santa Barbara, CA; Santa Cruz, CA; Santa Fe, NM; Sarasota, FL; Smith, MS; Snyder, PA; Susquehanna, PA; Tulare, CA; Ventura, CA; Walthall, MS and York, PA. List of Established City Programs Collinsville, IL; Hoboken, NJ; Houston, TX; Kansas City, MO; Lorain, OH; Nashville, TN; New York, NY, Newark, NJ; Orange NJ and Phoenix, AZ Working With Counties And improving The Quality Of Life For Their Residents! 11 6 I Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Proposal Summary 1. FMC is uniquely qualified to offer St. Lucie County residents the Coast2Coast Rx Card by virtue of its experience and desire to assist those uninsured Americans who cannot afford prescription medications. The Coast2Coast Rx Card gives discounts on prescription medications. 2. FMC's responsibilities Include providing the Coast2Coast Rx Card to St. Lucie County residents at absolutely no charge to the County or Its residents. Additionally FMC will assume the production, distribution and administration costs of the cards. FMC will pay St. Lucie County a monthly royalty of one dollar and twenty-five cents ($1.25) for every filled prescription on a residual basis that Is processed using the County's designated group code and for which FMC is paid by its Pharmacy Benefit Manager. 3. The core services offered in this proposal are: a. FMC will provide high -quality paper stock discount prescription cards at no cost to County - usually 25 % of the population of the county for the initial run. b. FMC handles all customer service for the card (no county personnel required to answer questions) and will provide a toll -free number for residents to call should they have any questions. The customer service is 2471365 with Spanish-speaking representatives available as well as the ability to transfer callers to a service with 150 language translators. c. FMC has a separate toll -free number for pharmacies to call If they have questions about the card or how to input the codes for the card. d. FMC will provide a private label web page for St. Lucie County; the Coast2Coast Rx Card website can be translated into 48 languages. e. FMC provides monthly utilization reports to the county. Working With Counties And Improving The Quality Of Life For Their Residents! 13 Coast2Coast Rx Card The FREE Prescription Discount Card For Counties! Some of the participating chain stores include: rM eVSJiP'"` "F SAFEWAY4 , ,5 ; �a 5TG1t7t ,rO ��,.., r. _ a'C't Slips mm.r.m.m. PF✓+rxYf✓m:f iFez3ar: ��C Ali ME IC:AF' �}l1VII�lt)tiIS.. .�••. q y Working With Counties And Improving The Quality Of Life For Their Residents! 14 7 CoastX oast Rx Card The FREE Prescription Discount Card For Counties! What Will Be Required Of St. Lucie County? •3 Endorse the program through Board approval. Execute an agreement (only 3'/Z pages) ❖ Schedule a press conference to announce the launch of the program. •:• Provide a link on the County website to the County's private label web page q r-a . Working With Counties And Improving The Quality Of Life For Their Residents! 15 i AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Housing and Community Services/ Community Services ITEM NO. DATE: REGULAR VI-H2 5/17/2011 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Corine C. Williams Transit Coordinator SUBJECT: Federal Transit Administration (FTA)- State of Good Repair Grant FYI BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130111-4910-331421-400 FTA 5309 PREVIOUS ACTION: June 15, 2010 — Approved submission of FTA Section 5309 grant application: RECOMMENDATION: Board acceptance of FTA 5309 FL-04-0127-00, approval of agreement with Council on Aging of St: Lucie, Inc. and Budget Resolution No. 11-089, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) 'K-L4 A,,, O n.-. OMB Director ( ) k J'A Daniel S. McIntyre Budget AnalystKhArie Gouin Sophia Holt Originating Dept. �Beth Ryder N7ft�--Stefanie Myers Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director L FROM: Corine C. Williams, Transit Coordinator DATE: October 12, 2010 SUBJECT: Federal Transit Administration (FTA)- State of Good Repair Grant FY10 ITEM NO. VI-1-12 Background: The FTA 5309 State of Good Repair (SGR) grant FY10 in the amount of $4,550,000 has been awarded to St. Lucie County. The grant funds will be used to purchase 14 replacement transit buses. The SGR initiative awards. grant dollars to public transit providers for capital projects, including the replacement, rehabilitation or purchase of buses and/or related equipment, as well as forthe construction of bus facilities (e.g. shelters). A non-federal match of 20 percent is required and will be met with Florida Department of Transportation (FDOT) Toll Revenue Credits. Community Transit, the local public transit service provider, will use the funds to replace vehicles that are beyond their useful life. The older units will be replaced with vehicles with an expected service life of ten years. Each vehicle has an estimated cost of $325,000 and will be purchased through the Florida Consortium an FTA approved state contract. Lower maintenance costs are expected with the replacement of the older units. Recommendation: Board acceptance of FTA 5309 FL-04-0127-00, approval of agreement with Council on Aging of St. Lucie, Inc. and Budget Resolution No. 11-089, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Grant Cover Sheet Budget Resolution No. 11-089 Agreement. Y RESOLUTION NO. 11-089 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of $4,550,000 from the Federal Transit Administration grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 17th day of May, 2011, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 130111-4910-331421-400 APPROPRIATIONS 130111-4910-582015-400 Federal Transit Administration Council on Aging After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman Commissioner Chris Dzadovsky, Vice Chairman Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner Tod Mowery PASSED AND DULY ADOPTED THIS 17th DAY OF MAY 2011. ATTEST: $4,550,000 $4,550,000 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY CHARLIE CRIST GOVERNOR . . � - AV Florida Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 MEMORANDUM STEPHANIE C. KOPELOUSOS SECRETARY DATE: December 8, 2010 TO: Larr Merri t; Distri imodal Programs Manager FROM: rion a , State ub 'c Tra sportation and Modal Administrator COPY: Yvette Taylor (FTA), lames J be, Ed Coven, Liz Stutts, file SUBJECT: Authorization for the Use of State Toll Revenue Credits as FTA "Soft Match" for St. Lucie County Board of County Commissioners' application, FM# 430025-1-94- 01; FTA FL-04-SGR-1011 . This is in response to a memorandum of December 7, 2010, requesting the Department's authority to grant a request by St. Lucie County Board of County. Commissioners to use state toll revenue credits in the amount of $1,137,500 as soft match for St. Lucie County Board of County Commissioners' pending capital portion of their FTA application. In accordance with Title 23 United States Code Section 120(j) and the State of Florida's adopted policy regarding the use of toll revenue credits for public transit capital projects, we concur with your determination of eligibility and hereby authorize St. Lucie County Board of County Commissioners to use $1,137,500 in. State of Florida toll revenue credits as soft match for this FTA project. . Use of the toll revenue credits as soft match will effectively allow for FTA funding of capital projects at a 100% federal share. When providing a copy of this authorization to St. Lucie County Board of County Commissioners please ask them to reference the use of these credits in their project budget sheets of their FTA application, and send a copy of this authorization letter to their FTA Project Manager. Also include the item number reference where these aroiects are included in the STIP. FDOT will work with the Federal Highway Administration to ensure that the use of the. toll revenue credits is properly accounted and recorded. If you have any questions, please contact Liz Stuffs, Grants Programs Administrator, at850-414-4500. MH/mw vwwv. dot. state. fl .0 s ® RECYCLED PAPER Project Number: FL-04-0127-00 Adjustment Amt: $0' i Project Description: Purchase 14 buses ;Total Eligible Cost: $4,550,000 Recipient Type: County Agency Total FTA Amt: $4,550,000 FTA Project Mgr: Darreyl Davis 404-865-5631 1 T tal State Amt: $0 Recipient Contact: Karen Scott - 772-462-1777 i T tal Local Amt: $0 New/Amendment: Amend Reason: None Specified Initial Application O#her S Federal Amt: ecial Cond Amt: $0 $0 Fed Dom Asst. #: 20500 Special Condition: None Specified Sec. of Statute: 5309-2 S.C. Tgt. Date: None Specified State Appl. ID: FM:430025-1-94-1 S. C. Eff. Date: None Specified Start/End Date: Jun. 01, 2011 - Jun. 30, 2012 E t. Oblig Date: None Specified Recvd. By State: Apr. 14, 2011 Pie -Award thority?: Yes EO 12372 Rev: Not Applicable d. Debt Authority?: No Review Date: None Specified Planning Grant?: NO al Budget?: No Program Date (STIP/UPWP/FTA Prm Plan) : Dec. 01, 2010 Program Page: 5-68 Application Type: Electronic Supp. Agreement?: No Debt. Delinq. Details: Urbanized Areas UZA ID UZA Name 123280 PORT ST. LUCIE, FL Congressional Districts State ID District Code District Official 12 12 16 23 Thomas J Rooney Alcee L Hastings Project Details This Section 5309 FY2011 State of Good Repair Grant application (D2010-BUSP-033), listed in the `i OTHER (Scopes and Activities not included in Project Budget Totals) None SOURCES OF FEDERAL FINANCIAL ASSISTANCE UZA ID i Accounting Classification FPC FY SEC Previously Approved Amendment Amount Total i 123280 2010.25.04.31.2 00 2011 04 $0.00 $4,550,000.00 $4,550,000.00 Total Previously Approved: $0.00 Total Amendment Amount: $4,550,000.00 Total from all Funding Sources: $4,550,000.00 Alternative Fuel Codes 11.12.02 1 BUY REPLACEMENT 35-FT BUS Diesel Fuel Extended Budget Descriptions 11.12.02 BUY REPLACEMENT 35-FT BUS 14 $4,550,000.00 $4,550,000.00 The total amount requested for this program is $4,550,000. for the purchase of 14 Gillig vehicles for replacement. This reflects the current price of $268,637 for each of the 14 buses, plus options totaling $56,363 per bus. These options include a fare -box for each bus, 1 wheelchair lift, bike rack, two (wheelchair slots, tools, spare parts and paint. Existing radios will be transferred to the new buses. i The soft match of $1,137,500 (20 percent) will be provided through Toll Revenue Credits from the Florida 1 Department of Transportation (FDOT). The use of TRC match for this project has been confirmed by FDOT (approval letter attached). j Changes since the Prior Budget Unable to find change amount information. Part 4. Milestones 11.12.02 BUY REPLACEMENT 35-FT BUS 14 $4,550,000 $4,550,000 Milestone Description Est. Comp. l Before Change After I. Active Fleet A. Peak Requirement 26 0 26 B. Spares 11 0 11 C. Total (A+B) 371 0 37 D. Spare Ratio (B/A) 42.31 % 0.00% 42.31 % II. Inactive Fleet A. Other 0 0 0 B. Pending Disposal 0 0 0 C. Total (A+B) 0 0 0 III. Total (I.0 and II.C) 37 0 37 Breakdown by Fuel Type Diesel Part 7. FTA Comments General Review Comment Title: Extended Budget Description Comment By: Darreyl D Davis Date Created: Mar. 07, 2011 Date Updated: Mar. 10, 2011 Ref Section: .............. . Unknown Comment: Please complete Extended budget Description Section Cleared DD Comment Title: STIP Program Date Comment By: Darreyl D Davis Date Created: Mar. 10, 2011 !Date Updated: Mar. 29, 2011 Ref Section: Unknown Comment: I Please enter STIP Program Date Cleared DD Comment Title: Budget !Comment By: Darreyl D Davis Date Created: Mar. 10, 2011 Date Updated: _ Mar. 29, 2011 i Comments to DOL Comment DOL Title: Comment By: Darreyl D Davis i Dates a Created: Mar. 31, 2011 Date Updated: None Specified Ref_..._,_ Section: Unknown Comment: Please consider this grant for DOL Section 5333(b) Certification. This grant application is for vehicle replacement. Please review this application for labor certification in accordance with DOL Section 5333(b) Certification. The grantee contact is Karen Scott and can be reached at scotttemp@stlucieco.org 772-462-1777 Part 9: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-17, October 1, 2010) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official's electronic signature is entered for this Grant Agreement, FTA has Awarded Federal assistance in support of the Project described below. Upon Execution of this Grant Agreement by the Grantee named below, the Grantee affirms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(17), October 1, 2010, http://www.fta.dot.gov/documents/17-Master.pdf (2) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN. FTA AWARD FTA hereby awards a Federal grant as follows: Project No: FL-04-0127-00 Grantee: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS F. THIS Subdivision "County", successors, called the SUBGRANT AGREEMENT SUBGRANT AGREEMENT, made this day of 2011, between ST. LUCIE COUNTY, a Political of the State of Florida, hereinafter called the ind COUNCIL ON AGING OF ST. LUCIE, INC., or its executors, administrators, and assigns hereinafter "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed four million five hundred fifty thousand dollars ($4,550,000.00) pursuant to the Federal Transit Administration Section 5309 State of Good Repair grant (FL-04-0127- 00), between the Federal Transit Administration and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant.Agreement is four million five hundred fifty thousand and no/100 dollars ($4,550,000.00); to be used to provide funding to purchase buses for replacement hereinafter called the "Project". The Florida Department of Transportation has approved the use of Toll Revenue Credits in the amount of $1,137,500.00 (one million one hundred thirty seven thousand five hundred and no/100 dollars) to be used as soft match for the St. Lucie.County Board of County Commissioners' capital portion of this grant. The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. .2. The subgrant shall be used only as set forth in this Agreement. The Recipient further agrees to comply with the terms and conditions of the Grant Agreement and any agreement between the County and the Federal Transit Administration pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1000.00) or more. The. Council agrees to coordinate with the County Purchasing Director in the purchase of any equipment pursuant to this Agreement. 3. The Council shall have internal controls adequate to 11 safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the Grant Agreement,.the Grant Application, and/or this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. . In the alternative and subject to prior written approval of the County Budget and Management Director, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its. last fiscal year during which funds are expended under this Agreement. 6. The Council 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 Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure.of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments 'made under this Agreement include specific consideration for the indemnification provided herein. 8 The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of the Grant 2 y Agreement, and the certifications accompanying the Grant Application. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 1505 Orange Avenue Fort Pierce, Florida 34950 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Agreement 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 agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2010) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council 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 Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the 3 nature of work that the Council 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 Council. The County agrees to notify. the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the .opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and 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 Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, 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. 14. 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. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions,. or obligations other than those contained herein, and this Agreement shall supersede I all previous communications, representations or agreements, either verbal or written, between the parties hereto. [Remainder of page intentionally left blank.] 5 r IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: ATTEST: SECRETARY COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT ( SEAL) g:\transportation/contract/FTA5309contract(FL-04-0127-SOGR) 5 e .'�yFn`x.,',-t:�'p.�'i.$a-s,�a._ ITEM NO. VII-A AGENDA REQUEST Fill 11117- -I I. U TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: County Attorney SUBJECT: Ordinance No. 11 -0 17 Pain Management Clinics BACKGROUND: See CA11-459 FUNDS AVAILABLE: N/A DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING (X ) CONSENT ( ) PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney PREVIOUS ACTION: On June 15, 2010, the Board of County Commissioners imposed a nine month moratorium on new pain management clinics On March 1, 2011, the Board of County Commissioners extended the moratorium for an additional five months On April 5, 2011, the Board of County Commissioners gave permission to advertise Ordinance No. 11-017 On April 21, 2011, the Planning and Zoning Commission forwarded Ordinance No. 11-017 to the Board of County Commissioners with a recommendation of approval On May 3, 2011, the Board of County Commisioners held its first public hearing on Ordinance No. 11-017 RECOMMENDATION: Staff recommends approval of Ordinance No. 11-017. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney ( x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director {✓ Budget Analyst Daniel S. McIntyre Planning and ( X) ERD ( ) Development Services (Mark Satterlee) (Name) (Name) (Name) COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CAI 1-459 DATE: May 17, 2011 SUBJECT: Ordinance No. 11-017 Pain Management Clinics ITEM NO. VII-A Background: The Centers for Disease Control and Prevention reported on June 18, 2010, that emergency department visits involving nonmedical use of certain prescription drugs more than doubled during 2004-2008 in the United States, and findings indicate a substantial increase in deaths related to the nonprescription use of drugs, despite efforts to control the problem. The report concludes that "stronger measures to reduce the diversion of prescription drugs to nonmedical purposes are needed urgently." In the Spring of 2009, the State Attorney's Office for the 17th Judicial Circuit in Broward County, Florida, issued an interim report on "The Proliferation of Pain Clinics in South Florida" which established the following facts: (i) in 2008, an average of 13.5 deaths per day in Florida were attributed to prescription drugs; and (ii) pain clinics are migrating north from Broward County. St. Lucie County has been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense on -site narcotic drugs. Several counties and municipalities in South Florida have enacted restrictions on pain management clinics or have enacted moratoriums on new pain management clinics in their jurisdictions. Such restrictions or temporary bans could result in pain management clinics migrating to St. Lucie County. In the absence of regulations identifying and monitoring where narcotic drugs may be dispensed, the County's residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services The illegal sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the County. County staff has reviewed the latest Florida legislation and various reports and regulations related to pain management clinics and recommends that additional standards be incorporated into the County's Land Development Code to protect the public health, safety and general welfare. Staff specifically recommends the following changes to the Land Development Code: Define Approved Pain Specialist Define Pain Management Clinic Define Pharmacy • Allow Pain Management Clinics only in the General Commercial Zoning District as a Conditional Use • Require that Pain Management Clinics be in compliance with all applicable federal laws, state laws, administrative rules, and county codes • Require that Pain Management Clinics be operated by an approved pain specialist, or as a Florida Agency for Health Care Administration (ACHA) licensed operation, under Chapter 400, Part X, Florida Statutes • Provide that, in the event the owner or operator of a state licensed or designated pain management clinic has such license or designation revoked by the Florida Board of Medicine, the Florida Board of Osteopathic Medicine or by ACHA, any conditional use permit granted for a pain management clinic shall simultaneously be revoked, and shall thereafter be null and void • Provide that a change in ownership of a pain management clinic shall require a major adjustment to the conditional use permit authorizing the use • Provide that no pain management clinic may be located within 500 feet of another pain management clinic or a pharmacy (unless the pharmacy pre -dates the clinic by at least one year) • Provide that no pain management clinic may be located within 1000 feet of real property comprising a residence, child care facility, public or private elementary, middle, or' secondary school, park, community center or public recreation facility, church or religious facility • Provide that it shall be unlawful for any clinic to be open for operation between the hours of 6:00 p.m. and 7:00 a.m. • Require that the number of parking spaces required for pain management clinics shall be the same as for those required of medical offices, The Planning and Development Services Director may require the applicant to submit a parking analysis study if the Director has concerns as to the safety, sufficiency or configuration of available vehicle parking based on the unique circumstances of the site • Provide that the moratorium on new pain management clinics automatically expires upon the effective date of this ordinance. Previous Action: On June 15, 2010, the Board of County Commissioners imposed a nine month moratorium on new pain management clinics. On March 1, 2011, the Board of County Commissioners extended the moratorium for an additional five months. On April 5, 2011, the Board of County Commissioners gave permission to advertise Ordinance No. 11-017. On April 21, 2011, the Planning and Zoning Commission forwarded Ordinance No. 11-017 to the Board of County Commissioners with a recommendation of approval. The Planning and Zoning Commission made recommendations for changes to the Ordinance, but staff did not include those in the Ordinance because they were all addressed by state statute. On May 3, 2011, the Board of County Commissioners held its first public hearing on this Ordinance. Recommendation: Staff recommends approval of Ordinance No. 11-017. Respectfully submitted, Heather Sperrazza Lueke Assistant County Attorney It 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ORDINANCE NO. 11-017 AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMSISSIONERS AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ADDRESS PAIN MANAGEMENT CLINICS BY AMENDING SECTION 2.00.00 DEFINITIONS; BY AMENDING SECTION 3.01.03 ZONING DISTRICTS; BY CREATING SECTION 7.10.29 FOR PAIN MANAGEMENT CLINIC SUPPLEMENTAL STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE; PROVIDING FOR AUTOMATIC EXPIRATION OF THE MORATORIUM ON NEW PAIN MANAGEMENT CLINCS UPON EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, the Centers for Disease Control and Prevention reported on June 18, 2010 that emergency department visits involving nonmedical use of certain prescription drugs more than doubled during 2004-2008 in the United States, and findings indicate a substantial increase in deaths related to the nonprescription use of drugs, despite efforts to control the problem. The report concludes that "stronger measures to reduce the diversion of prescription drugs to nonmedical purposes are needed urgently"; and 2. WHEREAS, the County Commission has been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense on -site narcotic drugs; and 3. WHEREAS, the County Commission finds that the illegal sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the County; and 4. WHEREAS, in the absence of regulations identifying and monitoring where narcotic drugs may be dispensed, the County's residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services; and Page 1 of 7 5. WHEREAS, on June 15, 2010, the Board of County Commissioners adopted Ordinance 10-021 imposing a moratorium on development permits or approvals for pain clinics in order for staff to research and make recommendations as to the criteria to consider for establishment of pain clinics in the County's Land Development Code; and 6. WHEREAS, County staff reviewed the latest Florida legislation adopted as Chapter 2010-211, Laws of Florida (SB2272), effective on October 1, 2010, various reports and regulations related to pain management clinics and recommend that additional standards be incorporated into the County's Land Development Code to protect the public health, safety and general welfare; and 7. WHEREAS, it is the intent of this Ordinance not to interfere with the legitimate medical use of controlled substances, but rather to regulate the location of pain management clinics to the extent permitted by law and to establish a registration process for pain management clinics for local monitoring purposes; and 8. On , 2011, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed Ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed Ordinance be approved; and 9. On 2011, this Board held its first public hearing on the proposed Ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on , 2011; and 10.On , 2011 this Board held its second public hearing on the proposed Ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on : and 11. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, and objectives of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida; and 12. It is the purpose and intent of this Ordinance to promote the health, safety and general welfare of the residents and businesses of the County through the adoption of regulations to reduce the potential of adverse impacts from pain management clinics through the adoption of zoning regulations and supplemental standards related to the location and monitoring of pain management clinic uses within the County. Page 2 of 7 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: The St. Lucie County Land Development Code is hereby amended by adding the words shown in underlined type: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS: CHAPTER II DEFINITIONS 2.00.00. DEFINITIONS Pain Specialist (Approved) Approved pain specialist means a physician, or group of physicians licensed under either Chapter 458 or Chapter 459, Florida Statutes, and who comply with State of Florida rules for medical doctors and osteopathic physicians. Pain Management Clinic: Pain management clinic means the same as the definition found in Section 4.5.8.3265(1)(a), Florida Statutes (2010), as may be amended from time to time. Pharmacy: Pharmacy means the same as the definition in Sec. 465.003, Florida Statutes (2010), as may be amended from time to time. CHAPTER III ZONING DISTRICTS 3.01.03. Zoning Districts A.-R. NO CHANGE S. CG Commerical, General 1.-6. NO CHANGE 7. Conditional Uses a-i. NO CHANGE j. Pain Management Clinic }: k. Sporting and recreational camps. (7032) Page 3 of 7 1 k:I. Retail trade: 2 (1) Liquor stores. (592) 3 m. Stadiums, arenas, and race tracks. (794) 4 -n4: n. Telecommunication towers - subject to the standards of Section 5 7.10.23. (999) 6 8. NO CHANGE 7 T.-HH.NO CHANGE 8 9 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 10 11 7.00.00. General Provisions 12 13 7.10.00. Supplemental Standards. 14 15 Section 7.10.00 is hereby amended to create a new Section 7.10.29 "Pain Management 16 Clinic" as follows: 17 18 7.10.29 Pain Management Clinic. 19 20 The following provisions are intended to promote the health and general welfare of the 21 residents of St. Lucie County through the regulation of pain management clinics within 22 unincorporated St. Lucie County_ 23 A. Pain Management Clinics shall be subject to the following; 24 25 1. Each pain management clinic shall at all times, be in compliance with each and 26 every provision of this section, as well as all applicable federal laws, state laws 27 administrative rules, and county codes. 28 29 2. A pain management clinic shall be permitted only as a conditional use in the 30 Commercial General Zoning District, as provided in Section 3.01.03(S)(7 31 Lucie County Land Development Code (LDC), and must be operated by an 32 approved pain specialist, or as a Florida Agency for Health Care Administration 33 (ACHA) licensed operation, under Chapter 400, Part X, Florida Statutes, and 34 as otherwise required by Florida law. In addition to the regulations in this 35 section, all provisions of the LDC for conditional use permits, shall apply. 36 37 3. In the event the owner or operator of a state licensed or designated pain 38 management clinic has such license or designation revoked by the Florida 39 Board of Medicine, the Florida Board of Osteopathic Medicine or by ACHA, any 40 conditional use permit granted for a pain management clinic shall 41 simultaneously be revoked, and shall thereafter be null and void. Page 4 of 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4. A change in ownership of a pain management clinic shall require a major adjustment to the conditional use permit authorizing the use. 5. Location. Any new pain management clinic shall only be located in the CG (Commercial, General) Zoning District, subject to the other requirements of this section and all applicable federal, state, local and other agency provisions. B. Distance requirements. The following distances shall be measured by straight line measurement without regard to intervening buildings from the nearest point of the building or unit within a building in which the proposed clinic is to be located to the nearest point of the lot, use, or right-of-way line from which the proposed clinic is to be separated. 1. No pain management clinic shall commence operation within 500 feet of any other pain management clinic. 2. No pain management clinic shall commence operation within 500 feet of a Pharmacy, unless such pharmacy shall have pre -dated the pain management clinic by at least one (1) year. 3. No pain management clinic shall be located within 1,000 feet of real property comprising a residence, child care facility, public or private elementary, middle, or secondary school, park, community center or public recreation facility, church or religious facility. C. Other regulations. 1. It shall be unlawful for any clinic to be open for operation between the hours of 6:00 a.m. and 7:00 a.m. The number of parking spaces required for pain management clinics shall be the same as for those required of medical offices, the Planning and Development Services Director may require the applicant to submit a parking analysis study if the Director has concerns as to the safety, sufficiency oor configuration of available vehicle parking based on the unique circumstances of the site. 3. All state licenses and permits, shall be provided to the County prior to the issuance of any occupation authorizations, licenses, permits or renewals issued by the County. Page 5 of 7 PART B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. PART C. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. CODIFICATION It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. PART F. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE This Ordinance shall take effect upon filing of a certified copy of this Ordinance with the Department of State. PART H. MORATORIUM The moratorium on new pain management clinics which was approved by the Board of County Commissioners on June 15, 2010 and extended on March 1, 2011, shall automatically expire upon the effective date of this ordinance. Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 PART I. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED this th Day of , 2011. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS Page 7 of 7 County Attorney ITEM NO. VII-A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: County Attorney SUBJECT: Ordinance No. 11-017 Pain Management Clinics BACKGROUND: See CAI 1-459 FUNDS AVAILABLE: N/A DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING ( X ) CONSENT ( ) PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney PREVIOUS ACTION: On June 15, 2010, the Board of County Commissioners imposed a nine month moratorium on new pain management clinics On March 1, 2011, the Board of County Commissioners extended the moratorium for an additional five months On April 5, 2011, the Board of County Commissioners gave permission to advertise Ordinance No. 11-017 On April 21, 2011, the Planning and Zoning Commission forwarded Ordinance No. 11-017 to the Board of County Commissioners with a recommendation of approval On May 3, 2011, the Board of County Commisioners held its first public hearing on Ordinance No. 11-017 RECOMMENDATION: Staff recommends approval of Ordinance No. 11-017. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x) OMB Director ( ) Budget Analyst Daniel S. McIntyre (Name) (Name) Planning and ( X) ERD ( ) Development Services (Mark Satterlee) (Name) COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. No: CA11-459 DATE: May 17, 2011 SUBJECT: Ordinance No. 11-017 Pain Management Clinics ITEM NO. VII-A Background: The Centers for Disease Control and Prevention reported on June 18, 2010, that emergency department visits involving nonmedical use of certain prescription drugs more than doubled during 2004-2008 in the United States, and findings indicate a substantial increase in deaths related to the nonprescription use of drugs, despite efforts to control the problem. The report concludes that "stronger measures to reduce the diversion of prescription drugs to nonmedical purposes are needed urgently." In the Spring of 2009, the State Attorney's Office for the 17th Judicial Circuit in Broward County, Florida, issued an interim report on "The Proliferation of Pain Clinics in South Florida" which established the following facts: (i) in 2008, an average of 13.5 deaths per day in Florida were attributed to prescription drugs; and (ii) pain clinics are migrating north from Broward County. St. Lucie County has been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense on -site narcotic drugs. Several counties and municipalities in South Florida have enacted restrictions on pain management clinics or have enacted moratoriums on new pain management clinics in their jurisdictions. Such restrictions or temporary bans could result in pain management clinics migrating to St. Lucie County. In the absence of regulations identifying and monitoring where narcotic drugs may be dispensed, the County's residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services The illegal sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the County. County staff has reviewed the latest Florida legislation and various reports and regulations related to pain management clinics and recommends that additional standards be incorporated into the County's Land Development Code to protect the public health, safety and general welfare. Staff specifically recommends the following changes to the Land Development Code: • Define Approved Pain Specialist • Define Pain Management Clinic • Define Pharmacy ' • Allow Pain Management Clinics only in the General Commercial Zoning District as a Conditional Use • Require that Pain Management Clinics be in compliance with all applicable federal laws, state laws, administrative rules, and county codes • Require that Pain Management Clinics be operated by an approved pain specialist, or as a Florida Agency for Health Care Administration (ACHA) licensed operation, under Chapter 400, Part X, Florida Statutes • Provide that, in the event the owner or operator of a state licensed or designated pain management clinic has such license or designation revoked by the Florida Board of Medicine, the Florida Board of Osteopathic Medicine or by ACHA, any conditional use permit granted for a pain management clinic shall simultaneously be revoked, and shall thereafter be null and void • Provide that a change in ownership of a pain management clinic shall require a major adjustment to the conditional use permit authorizing the use • Provide that no pain management clinic may be located within 500 feet of another pain management clinic or a pharmacy (unless the pharmacy pre -dates the clinic by at least one year) • Provide that no pain management clinic may be located within 1000 feet of real property comprising a residence, child care facility, public or private elementary, middle, or secondary school, park, community center or public recreation facility, church or religious facility • Provide that it shall be unlawful for any clinic to be open for operation between the hours of 6:00 p.m. and 7:00 a.m. • Require that the number of parking spaces required for pain management clinics shall be the same as for those required of medical offices, The Planning and Development Services Director may require the applicant to submit a parking analysis study if the Director has concerns as to the safety, sufficiency or configuration of available vehicle parking based on the unique circumstances of the site • Provide that the moratorium on new pain management clinics automatically expires upon the effective date of this ordinance. Previous Action: On June 15, 2010, the Board of County Commissioners imposed a nine month moratorium on new pain management clinics. On March 1, 2011, the Board of County Commissioners extended the moratorium for an additional five months. On April 5, 2011, the Board of County Commissioners gave permission to advertise Ordinance No. 11-017. On April 21, 2011, the Planning and Zoning Commission forwarded Ordinance No. 11-017 to the Board of County Commissioners with a recommendation of approval. The Planning and Zoning Commission made recommendations for changes to the Ordinance, but staff did not include those in the Ordinance because they were all addressed by state statute. On May 3, 2011, the Board of County Commissioners held its first public hearing on this Ordinance. Recommendation: Staff recommends approval of Ordinance No. 11-017. Respectfully submitted, Heather �Sper�razza �Lueke 1 Assistant County Attorney 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ORDINANCE NO. 11-017 AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMSISSIONERS AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ADDRESS PAIN MANAGEMENT CLINICS BY AMENDING SECTION 2.00.00 DEFINITIONS; BY AMENDING SECTION 3.01.03 ZONING DISTRICTS; BY CREATING SECTION 7.10.29 FOR PAIN MANAGEMENT CLINIC SUPPLEMENTAL STANDARDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE; PROVIDING FOR AUTOMATIC EXPIRATION OF THE MORATORIUM ON NEW PAIN MANAGEMENT CLINCS UPON EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: WHEREAS, the Centers for Disease Control and Prevention reported on June 18, 2010 that emergency department visits involving nonmedical use of certain prescription drugs more than doubled during 2004-2008 in the United States, and findings indicate a substantial increase in deaths related to the nonprescription use of drugs, despite efforts to control the problem. The report concludes that "stronger measures to reduce the diversion of prescription drugs to nonmedical purposes are needed urgently"; and 2. WHEREAS, the County Commission has been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities, which dispense on -site narcotic drugs; and 3. WHEREAS, the County Commission finds that the illegal sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the County; and 4. WHEREAS, in the absence of regulations identifying and monitoring where narcotic drugs may be dispensed, the County's residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services; and Page 1 of 8 1 5. WHEREAS, on June 15, 2010, the Board of County Commissioners adopted 2 Ordinance 10-021 imposing a moratorium on development permits or approvals 3 for pain clinics in order for staff to research and make recommendations as to the 4 criteria to consider for establishment of pain clinics in the County's Land 5 Development Code; and 6 7 6. WHEREAS, County staff reviewed the latest Florida legislation adopted as 8 Chapter 2010-211, Laws of Florida (SB2272), effective on October 1, 2010, 9 various reports and regulations related to pain management clinics and 10 recommend that additional standards be incorporated into the County's Land 11 Development Code to protect the public health, safety and general welfare; and 12 13 7. WHEREAS, it is the intent of this Ordinance not to interfere with the legitimate 14 medical use of controlled substances, but rather to regulate the location of pain 15 management clinics to the extent permitted by law and to establish a registration 16 process for pain management clinics for local monitoring purposes; and 17 18 8. On , 2011, the Local Planning Agency/Planning and Zoning Commission 19 held a public hearing on the proposed Ordinance after publishing notice in the St. 20 Lucie News Tribune at least 10 days prior to the hearing and recommended that 21 the proposed Ordinance be approved; and 22 23 9. On 2011, this Board held its first public hearing on the proposed 24 Ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune 25 on , 2011; and 26 27 10.On , 2011 this Board held its second public hearing on the 28 proposed Ordinance, after publishing a notice of such hearing in the St. Lucie 29 News Tribune on ; and 30 31 11. The proposed amendments to the St. Lucie County Land Development Code are 32 consistent with the general purpose, goals, and objectives of the St. Lucie County 33 Comprehensive Plan and are in the best interest of the health safety and public 34 welfare of the citizens of St. Lucie County, Florida; and 35 36 12.It is the purpose and intent of this Ordinance to promote the health, safety and 37 general welfare of the residents and businesses of the County through the 38 adoption of regulations to reduce the potential of adverse impacts from pain 39 management clinics through the adoption of zoning regulations and supplemental 40 standards related to the Location and monitoring of pain management clinic uses 41 within the County. 42 Page 2 of 8 1 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of 2 St. Lucie County, Florida: 3 4 The St. Lucie County Land Development Code is hereby amended by adding the words 5 shown in underlined type: 6 7 PART A. 8 9 THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT 10 CODE CAUSING THE CODE TO READ AS FOLLOWS: 11 12 CHAPTER II DEFINITIONS 13 14 2.00.00. DEFINITIONS 15 16 Pain Specialist (Approved) 17 18 Approved pain specialist means a physician, or group of physicians licensed under 19 either Chapter 458 or Chapter 459, Florida Statutes, and who comply with State of 20 Florida rules for medical doctors and osteopathic physicians. 21. 22 Pain Management Clinic: 23 24 Pain management clinic means the same as the definition found in Section 25 458.3265(1)(a), Florida Statutes (2010), as may be amended from time to time. Such 26 definition shall not include any of the following: 27 28 • A clinic that is licensed as a facility pursuant to chapter 395; 29 • A majority of the physicians who provide services in the clinic primarily provide 30 surgical services; or 31 • The clinic is owned by a publicly held corporation whose shares are traded on 32 a national exchange or on the over -the counter market and whose total assets 33 at the end of the corporation's most recent fiscal quarter exceeded $50 million; 34 • The clinic is affiliated with an accredited medical school at which training is 35 provided for medical students, residents, or fellows; 36 • The clinic does not prescribe or dispense controlled substances for the 37 treatment of pain; 38 • The clinic is owned by a corporate entity exempt from federal taxation under 26 39 U.S.C. s. 501(c)(3); 40 • A facility that is owned or operated by a chiropractic physician licensed under 41 Chapter 460, Florida Statutes, and does not contract or employ a physician 42 licensed under Chapter 458 or Chapter 459, Florida Statutes, who is primarily Page 3 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 engaged in the treatment of pain by prescribing or dispensing controlled substance medications for the treatment of chronic nonmalignant pain. Pharmacy: Pharmacy means the same as the definition in Sec. 465.003, Florida Statutes (2010), as may be amended from time to time, and includes community pharmacy, internet pharmacy, and special pharmacy, but does not include institutional pharmacy or nuclear pharmacy, as each of those terms are used in that section. CHAPTER III ZONING DISTRICTS 3.01.03. Zoning Districts A.-R. NO CHANGE S. CG Commerical, General 1.-6. NO CHANGE 7. Conditional Uses a-i. NO CHANGE j. Pain Management Clinic t k. Sporting and recreational camps. (7032) k:I. Retail trade: (1) Liquor stores. (592) t: m. Stadiums, arenas, and race tracks. (794) n. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. NO CHANGE T.-HH.NO CHANGE CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00. General Provisions 7.10.00. Supplemental Standards. Section 7.10.00 is hereby amended to create a new Section 7.10.29 "Pain Management Clinic" as follows: 7.10.29 Pain Management Clinic. Page 4 of 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 The following provisions are intended to promote the health and general welfare of the residents of St. Lucie County through the regulation of pain management clinics within unincorporated St. Lucie County. A. Pain Management Clinics shall be subject to the following: 1. Each pain management clinic shall at all times, be in compliance with each and every provision of this section, as well as all applicable federal laws, state laws, administrative rules, and county codes. A pain management clinic shall be permitted only as a conditional use in the Commercial General Zoning District, as provided in Section 3.01.03(S)(7), St. Lucie County Land Development Code (LDC), and must be operated by an approved pain specialist, or as a Florida Agency for Health Care Administration (ACHA) licensed operation, under Chapter 400, Part X, Florida Statutes, and as otherwise required by Florida law. In addition to the regulations in this section, all provisions of the LDC for conditional use permits, shall apply. 3. In the event the owner or operator of a state licensed or designated pain management clinic has such license or designation revoked by the Florida Board of Medicine, the Florida Board of Osteopathic Medicine or by ACHA, any conditional use permit granted for a pain management clinic shall simultaneously be revoked, and shall thereafter be null and void. 4. A change in ownership of a pain management clinic shall require a major adjustment to the conditional use permit authorizing the use. 5. Location. Any new pain management clinic shall only be located in the CG (Commercial, General) Zoning District, subject to the other requirements of this section and all applicable federal, state, local and other agency provisions. B. Distance requirements. The following distances shall be measured by straight line measurement without regard to intervening buildings from the nearest point of the building or unit within a building in which the proposed clinic is to be located to the nearest point of the lot, use, or right-of-way line from which the proposed clinic is to be separated. 1. No pain management clinic shall commence operation within 500 feet of any other pain management clinic. 2. No pain management clinic shall commence operation within 500 feet of a pharmacy, unless such pharmacy shall have pre -dated the pain management clinic by at least one (1) year. Page 5 of 8 1 2 3. No pain management clinic shall be located within 1,000 feet of real property 3 comprisinq a residence, child care facility, public or private elementary, middle, or 4 secondary school, park, community center or public recreation facility, church or 5 religious facility_ 6 7 C. Other regulations. 8 9 1. It shall be unlawful for any clinic to be open for operation between the hours of 10 6:00 p.m. and 7:00 a.m. 11 12 2. The number of parkinq spaces required for pain management clinics shall be 13 the same as for those required of medical offices, the Planning and. 14 Development Services Director may require the applicant to submit a parking. 15 analysis study if the Director has concerns as to the safety, sufficiency or 16 configuration of available vehicle parking based on the unique circumstances 17 of the site. 18 19 3. All state licenses and permits shall be provided to the County prior to the 20 issuance of any occupation authorizations, licenses, permits or renewals 21 issued by the County. 22 23 PART B. CONFLICTING PROVISIONS 24 25 Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie 26 County, County Ordinances and County Resolutions, or parts thereof, in conflict with this 27 Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 28 29 PART C. SEVERABILITY 30 31 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 32 inoperative or void, such holding shall not affect the remaining portions of this Ordinance. 33 If this Ordinance or any provision thereof shall be held to be inapplicable to any person, 34 property, or circumstances, such holding shall not affect its applicability to any other 35 person, property or circumstances. 36 37 PART D. APPLICABILITY OF ORDINANCE. 38 39 This Ordinance shall be applicable in the unincorporated area of St. Lucie County. 40 41 PART E. CODIFICATION 42 Page 6of8 It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. PART F. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE This Ordinance shall take effect upon filing of a certified, copy of this Ordinance with the Department of State. PART H. MORATORIUM The moratorium on new pain management clinics which was approved by the Board of County Commissioners on June 15, 2010 and extended on March 1, 2011, shall automatically expire upon the effective date of this ordinance. PART 1. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX Page 7 of 8 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PASSED AND DULY ADOPTED this ATTEST Deputy Clerk th Day of , 2011. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS Page 8 of 8 County Attorney V AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-B DATE: May 17, 2011 REGULAR[] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 67794 - 5960 Floyd Johnson Road., Fort Pierce, FL - Unsightly and Unsanitary Conditions, Unsafe Structure, and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety BACKGROUND: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: See attached memorandum CA 11-0376. Staff recommends that the Board authorize Staff to abate the violations by clearing the debris, mowing the grass, boarding up on openings on the structure and securing the pool and placing a lien on the property for the cost. Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator [X] Code Compliance Manag r Robin Meyer INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 11-0376 DATE: May 17, 2011 SUBJECT: Code Enforcement Case No. 67794 - 5960 Floyd Johnson Road., Fort Pierce, FL - Unsightly and Unsanitary Conditions, Unsafe Structure, and Unsafe and Unsanitary Pool, causing Serious Threat to Public Safety BACKGROUND: St. Lucie County has received code compliance complaints on the property at 5960 Floyd Johnson Road in Fort Pierce and have exhausted all avenues to gain compliance. A Notice of Violation was issued on December9, 2010 against this property forviolation of Section 1-9-32 of the St. Lucie County Code of Ordinances for Public Nuisance - overgrowth of grass and weeds and unsafe and unsanitary pool; and Section 13.09.00 and Section 8.00.05 of the St. Lucie County Land Development Code for Exterior Property Maintenance - all openings including windows and doors were to be secured to prevent unintended entry, and Swimming Pools — must be enclosed by a screen room or fence. A letter was issued to the owner of the property and he was given a compliance date of January 1, 2011. The property was still in violation on February 2, 2011 and was brought before the St. Lucie County Code Enforcement Board. At that time, an Order was issued giving Jenkins Road 90 LLC until March 4, 2011 to correct the violations. On April 6, 2011, Staff reported to the Code Enforcement Board that the property still remained in violation. An Order Imposing Fine/Lien was entered. Tax certificates have been issued for the 2008 and 2009 tax bills. The 2010 annual tax bill has not been paid. As of April 13, 2011, the property has not been abated. On April 6, 2011, the Code Enforcement Board issued an order to Staff to bring the property to the Board of County Commissioners, as they found the property to present a serious threat to public safety. Section 162.09 Florida Statutes provides that the Code Enforcement Board may order Staff to notify the Board of County Commissioners when they feel the violation presents a serious threat to the public health, safety and welfare and the County may make all reasonable repairs which are required to bring the property into compliance and charge the violator. Making such repairs does not create a continuing obligation on the part of the County to make further repairs to or maintain the property. Staff is requesting authorization to have any debris removed, grass mowed, all openings to the structure boarded and the pool secured and place a lien on the property for the cost. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize Staff to abate the violations by clearing the debris, mowing the grass, boarding up on openings on the structure and securing the pool and placing a lien on the property for the cost. KB/cb Encl. H:\AR-K8-FIoydJohnsonRoad.wpd Respectfully submitted, I� Katherine Bar i Assistant County Attorney ST. LUCIE COUNTY CODE ENFORCEMENT BOARD ORDER IMPOSING FINE/LIEN CASE NO. 67396 JENHINS ROAD 90 LLC THIS CAUSE came on for a Fine Hearing before the St. Lucie County Code Enforcement Board ("Board") on the 6t" day of April, 2011, after due notice to the Violator, Jenkins Road 90 LLC. As Jenkins Road 90 LLC did not appear for the hearing, and the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issued its Order Imposing Fine/Lien as follows: 1. On February 2, 2011, this Board issued its Findings of Fact, Conclusion of Law, and Order determining that a violation of Section 13.09.00, Exterior Property Maintenance, Article 303.2, Protective Treatment and Section 7.05.09(B), House and Building Numbers, of the St. Lucie County Land Development Code and Section 1-2-75, Responsibility of Property Owner; Notice of Defacement of the St. Lucie County Code and Compiled Laws, existed on the property located at 5960 Floyd Johnson Rd., Ft. Pierce, FL on the property described as: 01 35 39 FROM SE COR OF SEC RUN N ALG E LI OF SEC 74.52 FT, TH S 89 DEG 59 MIN 21 SEC W // TO S LI OF SEC 875.83 FT TO POB, TH CONT S 89 DEG 59 MIN 21 SEC W 150 FT, TH N 00 DEG 04 MIN 32 SECW 290.40 FT, TH N 89 DEG 59 MIN 21 SEC E 150 FT, TH S 00 DEG 04 MIN 32 SEC E 290.40 FT TO POB (1.00 AC) (OR 2386-1805) recorded in the Public Records of St. Lucie County. The Violator was given until March 4, 2011. to abate the violation. 2. Based upon testimony of the Code Enforcement Staff, this Board determines that a violation of Section 13.09.00, Exterior Property Maintenance, Article 303.2, Protective Treatment and Section 7.05.09(B), House and Building Numbers, of the St. Lucie County Land Development Code and Section 1-2-75, Responsibility of Property Owner; Notice of Defacement of the St. Lucie County Code and Compiled Laws continues to exist as the violator has not repaired or replaced the damaged windows, removed the graffiti from the house or placed four (4) inch house numbers on the house so that they are easily visible from the street on the property described above. 3. Pursuant to the authority granted by Section 162.09, Florida Statutes, and Section 1-2-25 of the St. Lucie County Code of Ordinances, and after considering the gravity of the violations, any actions taken by the Violator to correct the violations, and any previous violations committed by the Violator, this Board orders the Violator to pay a fine of two hundred fifty and 00/100 dollars ($250.00) per day for each day the violation continues beginning March 5, 2011 , with the maximum fine not to exceed five thousand and 00/100 dollars ($5,000.00). No additional prosecution cost has been imposed. 4. Pursuant to Section 162.09, Florida Statutes, and Section 1-2-25, St. Lucie County Code of Ordinances, this Order may be recorded in the Public Records of St. Lucie County, Florida, and shall constitute a lien against the above described property and any other real or personal property owned by the Violator. This Order will continue as a lien until the violation has been abated and the fine ordered in paragraph 3 above is paid. 2 Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code Enforcement Board Secretary, St. Lucie County, 2300 Virginia Avenue, Fort Pierce, FL 34982 within thirty (30) days of the date of this order. Any aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. DONE AND ORDERED this 6th day of April, 2011 ATTEST: ?DEENFORCEMENT BOARD SECRETARY ST. LUCIE COUNTY CODE ENFORCEMENT BOARD APPROVED AS TO FORM AND CORRECTNESS: Ll--2 X -- CODX ENFOPf BOARD ATTORNEY I HEREBY CERTIFY that this document is a true and correct copy of the Code Enforcement Board Order Imposing Fine/Lien in this case. DE ENFORCEMENT BOARD SECRETARY I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: dkw Jenkins Road 90 LLC 1951 NW 19t" St., Ste. 200 Boca Raton, FL 33431 4 ( . - a tko-*1 5 —ODE ENFORCEMENT SECRETARY ST. LUCIE COUNTY CODE ENFORCEMENT BOARD REFERRAL TO THE ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CASE NO. 67396 JENKINS ROAD 90 LLC THIS CAUSE came on for a Fine Hearing before the St. Lucie County Code Enforcement Board on the 6t" day of April, 2011, after due notice to the Violator, Jenkins Road 90 LLC., As Jenkins Road 90 LLC did not appear for the hearing, and the Board having heard testimony under oath, received evidence, and heard argument of counsel, thereupon issued its Order as follows: Based upon the testimony of the Code Enforcement Staff, this Board determines that the violation of Section 13.09.00, Exterior Property Maintenance, Article 303.2, Protective Treatment and Section 7.05.09(B), House and Building Numbers, of the St. Lucie County Land Development Code and Section 1-2-75, Responsibility of Property Owner; Notice of Defacement of the St. Lucie County Code and Compiled Laws existed on the property located at 5960 Floyd Johnson Rd., Ft, Pierce, FL on the property described as: 01 35 39 FROM SE COR OF SEC RUN N ALG E LI OF SEC 74.52 FT, TH S 89 DEG 59 MIN 21 SEC W H TO S LI OF SEC 875.83 FT TO POB, TH CONT S 89 DEG 59 MIN 21 SEC W 150 FT, TH N 00 DEG 04 MIN 32 SECW 290.40 FT, TH N 89 DEG 59 MIN 21 SEC E 150 FT, TH S 00 DEG 04 MIN 32 SEC E 290.40 FT TO POB (1.00 AC) (OR 2386-1805) as recorded in the Public Records of St. Lucie County, and presents a serious threat to the public health, safety, and welfare and Staff is N directed to notify the St. Lucie County Board of County Commissioners of the conditions. Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code Enforcement Board Secretary, St. Lucie County, 2300 Virginia Avenue, Fort Pierce, FL 34982 within thirty (30) days of the date of this order. DONE AND ORDERED this 6th day of April, 2011. ATTEST: ST. LUCIE COUNTY CODE ENFORCEMENT BOARD CODE ENFORCEMENT BOARD CHAIRMAN SECRETARY APPROVED AS TO FORM AND CORRECTNESS: COD NFOR q MENT BOARD ATTORNEY I HEREBY CERTIFY that this document is a true and correct copy of the Code Enforcement Board Order Imposing Fine/Lien in this case. u *CEENFORCEMENTBOARD SECRETARY I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: Jenkins Road 90 LLC 1951 NW 19" St., Ste. 200 Boca Raton, FL 33431 CODE ENFORCEMENT BOARD SECRETARY dkw r L S .iF w L u$ C .(M ..1 t�aYsnSu3�k ���t4S� v�-ixv.'Ll"r�iE IM �..- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Budget SUBJECT: Amendment to the fiscal year 2010-2011 budget BACKGROUND: See attached memorandum. ITEM NO. VII-C DATE: 05/17/11 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Jennifer Hill Manager FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 11-076 amending the fiscal year 2010-2011 budget. COMMISSION ACTION: () APPROVED () OTHER ( ) DENIED Coordination/Signatures County Attorney (X) Dan McIntyre Purchasing ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( X) !, Jennifer Hill (Name) ti. Office of Management ♦ Budget Budget Division t-son= MEMORANDUM . TO: Board of County Commissioners FROM: Jennifer Hill, Budget Manager THROUGH: Marie M. Gouin, Management & Budget Director' DATE: May 17, 2011 SUBJECT: Amendment to the fiscal year 2010-2011 budget ITEM NO. VII-C Background: The audit of the Board of County Commissioners' Financial Statements has been completed and staff has calculated the actual beginning balances of the numerous funds. Additionally, staff has found the need to revise certain revenue estimates and to establish transfers for various purposes. In keeping with good financial practices, staff proposes amending the fiscal year 2010-2011 budget to reflect the actual beginning cash balances, the revised revenue estimates and establishing transfers between funds, as seen on attachment A. The following transfers between funds are included in this amendment: • $451,297 from the FDOT — Hurricane Jeanne Fund (101105) to the General Fund (001). Expenses that were disallowed by the granting agency were covered using a transfer from the General Fund. The granting agency has made payment on some expenses that were previously disallowed, which allows us to return funds to the General Fund; • $400,000 from the Sales Tax Revenue Bond Interest & Sinking Fund (215) to the General Fund (001). These funds were set aside to use to as an inter -fund loan to cover the Utility's debt. The Utilities division no longer needs this inter -fund loan; • $2,848,631 from Indian River Estates MSBU (39007/$2,438,552), Harmony Heights MSBU (39008/$120,527), and Sunland Gardens MSBU (39009/$289,552) to the Capital Projects Interest .& Sinking Fund to fund debt service payments; • $131,620 from the Tourist Development Trust Fund (610) to the Sports Complex Fund (190). The tourist development tax is required to be deposited into a trust fund. The money is then moved to the Sports Complex Fund to fund operations at Tradition Field. More revenue was received in fiscal year 2010 than anticipated. If all other revenues come in as budgeted, the subsidy from the General Fund may be reduced; and • $46,729 from the Arts in Public Places Trust Fund (665) to the Airport Fund (140/$1,437), the Transportation Trust Fund (101003/$13,254), the Parks MSTU Fund (129/$634), and the Transportation Capital Fund (318/$31,404) to return funds that were transferred to the Arts in Public Places Trust Fund in prior years. The following revised revenue estimates are included in this amendment: • General Fund (001) - o Eliminate the $45,000 Cardroom Gaming Revenue Budget to reflect that no revenue has been received yet. In the event that the revenue is received, the budget will be amended. o Increase the budget to reflect $24,775 in admission fees collected at Lawnwood Stadium. These funds are. distributed to the School Board in accordance with an interlocal agreement; and • Fine & Forfeiture Fund (107) — Recognizing funding from an agreement with United for Families that increased funding generated by the Drug Lab by $45,840. The following other changes are included in this amendment: • Move funding from the Grants Division to the Human Resources Department for an Executive Assistant position; • Move funding from the Human Resources Department to Purchasing for the courier service; and • Move funding to the correct accounts for the Economic & Concurrency Division. The FY 2011 budget that was adopted on September 22, 2010 was $592,352,597. Since then, there have been several amendments to the budget bringing the amended budget to $605,912,623. This resolution will increase the amended FY 2011 budget by $20,276,792 to $626,189,415. Of this increase, $16,230,214 is in the General Fund and Fine and Forfeiture Fund bringing the total amended FY 2011 budget for.these two funds from $182,441,508 to $198,671, 722. This public hearing was advertised on Friday, March 13, 2011. Previous Action: September 22, 2010 - The Board held a Public Hearing and adopted the FY 2010-2011 budget. Recommendation: Board approval of Budget Resolution No. 11-076 amending the fiscal year 2010-2011 budget. RESOLUTION NO. 11-076. WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, staff calculated the actual fund balance for each fund as of September 30, 20010, revised certain revenue estimates, and determined the need to establish transfers between funds, and WHEREAS, the adopted budget reflects the estimated amounts rather than the actual fund balance forward amounts, and WHEREAS, it is accepted financial practice to amend the adopted budget to reflect the actual fund balance forward amounts, and, where necessary, revise revenue estimates or establish transfers and, WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds,, NOW, THEREFORE, BE IT RESOLVED by the Board of County .Commissioners of St. Lucie County, Florida, in meeting assembled this 171h day of May, 2011, pursuant to Section 129.06 (d), Florida Statutes, that such funds in the form of actual beginning fund balances are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as reflected in attachment "A", which is incorporated as part of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 17th DAY OF MAY, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: i Q z z w S Q Q Z O P: D _! 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U v c.) p c o0 ca O Q L L O N N M M _ N y N LL j� CL O O O O d d .n .n .� U N N en en m N 0 m v 18 •a •o -o •a -o -o v c c c a) E > > > > - > O 'W ro ro o 0 0 0 0 0 N 0 0 0 O o:->>> LL LL 'L n. 'L E a� d ro N o �. 2 2 0 U a � W W W J c E c =-- U N U 0 ro d- 2 c c c c c 0c c m U o V O N r 4) c c o o v a v v a 2 w Y w= 2 7 c p p p c n r C V- C 0 Y m ro _ o m _ca c 0 c c c c- >>= U U U U n a y C: in W-j Q Q Q Q Q w ro m cu c °) N N (a == N N N N N N ro 2= 2 0 0 0 0 7 N O O .O N- (3a J J J J J J C Y N 7 O 2 2 (q 0) J J J J 3 J (n (4 (n Z Z z z m 2 0. F- F- F- J J W M W O W 0 Y (A U) (7 m F N m d• IO 10 1- 0 a) O N 'c) " IO 0 ) O NY to (0 r- 00 0) O O O O O O O O O O N N N N N N r w aCl)M N N N N M m M M M M (M (M M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 4 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. Vill DATE' -17 a, -,)I/ REGULAR [x] PUBLIC HEARING [] CONSENT [XXJ PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Applications of Grove Land Utilities, LLC and Bluefield Utilities, LLC to operate a Water and Wastewater Utility to provide services in a portion of St. Lucie County - Settlement Offer BACKGROUND: See attached memorandum no. 11-323 RECOMMENDATION/ CONCLUSION: County staff recommends that the Board reject the settlement proposal and proceed to hearing. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ J OTHER: County Attorney: Daniel S. McIntyre Faye W. Outlaw, MPA County Administrator Review and Approvals INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 11-323 DATE: April 19, 2011 SUBJECT: Applications of Grove Land Utilities, LLC and Bluefield Utilities, LLC to Operate a Water and Wastewater Utility to Provide Service in a Portion of St. Lucie County ••sr�****ss****ss*********ss**r*****s*�***s**********************************ss**** BACKGROUND: On September 18, 2009, the County received a "Legal Notice" dated September 11, 2009, notifying the County that Grove Land Utilities, LLC ("Grove Land") had applied to the Florida Public Service Commission (PSG) to operate a water and wastewater utility to provide service to territory in Indian River, Okeechobee and St. Lucie Counties. A copy of a map locating the property in St. Lucie County is attached. A copy of the pertinent portion of the Application filed by Grove Land Utilities, LLC is also attached. The legal notice provides that any objection must be in writing and filed with the Office of Commission Clerk, Florida Public Service Commission within thirty days from September 11, 2009. On September 29, 2009, the County received a "Legal Notice" dated September 15, 2009, notifying the County that Bluefield Utilities, LLC ("Bluefield") had applied to the Florida Public Service Commission to operate a water and wastewater utility to provide service to territory in Martin and St. Lucie Counties. A copy of a map locating the property in St. Lucie County is attached. A copy of the pertinent portion of the Application filed by Bluefield is also attached. The property in St. Lucie County that Grove Land and Bluefield propose to serve in St. Lucie County is within the service territory of the St. Lucie County Water and Sewer District. The Board established the District on June 15, 2004. Pursuant to Chapter 153, Part II, Florida Statutes, the County believes it has the exclusive right to provide water and wastewater utility service within the District boundaries. No water and wastewater facilities may be constructed without the prior consent of the District. In addition, the South Florida Water Management District issued a 20-year Consumptive Water Use Permit to serve the 20-year water needs of current and future customers of the County District. The Consumptive Use Permit includes the property which is the subject of the Application filed by Grove Land and Bluefield. On October 6, 2009, the Board, by a 5-0 vote, directed staff to file objections in both the Grove Land and Bluefield cases. Copies of the filed objections are attached. Subseauent Developments Since the County filed its objections in 2009, a number of subsequent developments have occurred as follows: Martin County, Indian River County, Okeechobee County, City of Port St. Lucie and Fort Pierce Utilities Authority also filed objections with the PSC. All of the entities except Martin County have subsequently withdrawn their objections so that Martin County and St. Lucie County are the only local governments objecting to the Grove Land/Bluefield applications. On January 7, 2010, the State of Florida, Department of Community Affairs sent letters to PSC staff on the Grove Land and Bluefield applications. Copies of the letters are attached. The DCA concluded that both applications "did not include any data and analysis to demonstrate that the proposed service area for the (Grove Land and Bluefield) Utilities was needed to meet approved development." The DCA also concluded "(n)or was information provided to indicate that the anticipated development is needed to meet projected growth demands in the area and that existing development opportunities are unavailable to meet that anticipated growth. In the absence of this data and analysis, the new service area will promote urban sprawl." Evans filed a similar application to create a water and wastewater utility (Skyland Utilities) in Pasco and Hernando Counties. PSCstaff recommended denial of the Skyland application based on lack of demonstrated need. Evans has withdrawn the Skyland application. The Grove Land/Bluefield applications were scheduled for hearing in February2011. The parties agreed to abate the proceedings to allow the parties to explore settlement. The abatement will expire on April 30, 2011 unless it is extended. SETTLEMENT OFFERS: Both Evans and County staff have submitted proposals in an effort to settle the issues. Both proposals are attached. The County staff proposal (SLC Draft of 2/11) proposes a public private partnership agreement between the County and Evans to develop "water farming" and "biofuels" which are Evans' stated goals in needing a PSC certificate to operate a utility. Although County staff believes that water farming and biofuels are exemptfrom PSC regulation under current law, the County staff proposal also provided that the County would request the County's legislative delegation initiate and support legislative changes that would further clarify that state law does not require a PSC regulated utility to engage in water farming or biofuels. Unfortunately, Evans representatives have indicated that the County staff proposal is not acceptable to Evans. It appears that County withdrawal of its objections to the Bluefield/Grove Land applications is an essential component of any settlement offer that would be acceptable to Evans. The Evans proposal is in the form of a draft Agreement between the County and Bluefield/Grove Land. Under the terms of the Evans proposal, the County would withdraw its objections to the Bluefield/Grove Land applications. In return, Evans would grant the County a "Right of First Refusal" to provide County utility service to residential development on Evans properties that exceeds the current density. As proposed, the County would be required to enter into an agreement within ninety (90) days and provide service within six (6) months. The County would also be required to purchase utility improvements installed by Evans at "fair value". r t DISCUSSION: In analyzing any settlement proposal, it is important to look at the advantages and disadvantages of settlement. One of the advantages of accepting a settlement offer is the certainty a settlement provides. In this case, there is no guaranty that the County's objections to the Bluefield/Grove Land applications will be successful. Although County staff believes that the County's objectives are well founded and are similar to the objections raised by Pasco and Herando Counties in the Skyland application, the PSC staff and the PSC may feel differently., Settlement would eliminate this uncertainty. Some of the potential disadvantages of accepting the Evans settlement proposal are as follows: County staff agrees with DCA staff that there is not a demonstrated need for the private utilities and that approval of the applications could lead to urban sprawl. Once PSC certificates are approved, it is relatively easy, under current law, to expand the certificated areas (beyond Evans' properties). From a "regionalization" perspective, it would appear to be better to have less utilities rather than more. RECOMMENDATION/CONCLUSION: Based on the above, County staff recommends that the Board reject the settlement proposal and proceed to hearing. ly su Daniel S. McIntyre County Attorney DS M/cb Attachments S:\ATf Y\MEMOS\11-323.wpd BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Grove Land Utilities, LLC Docket No. to operate a Water and Wastewater Utility In Indian River, Okeechobee and Filed: September 11, 2009 St. Lucie Counties, Florida. APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES Grove Land Utilities, LLC (the "Utility"), by and through its undersigned attorhey and pursuant to Sections 367.031 and 367.045, Florida Statutes, and Rule 25-30.033, Florida Administrative Code, files this application for original certificates to operate a water and wastewater utility in Indian River, Okeechobee and St. Lucie Counties and for approval of initial rates and charges ("Application"). The Application is attached hereto. In support of the Application, the Utility states: 1. The Utility's name and address are: Grove Land Utilities, LLC 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 2. The names and addresses of the Utility's authorized representatives are: Ronald Edwards, Manager Grove Land Utilities, LLC 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 Cox .Ct Phone: (772) 234.2410 Fax: (772) 234-6059 and - -- Michael Minton S`'t' ---�- Dean, Mead, Minton & Zwemer pit: A .... - 1903 South 25t' Street, Suite 200 AU',N'3 _ Fort Pierce, Florida 34947 CL K _ Phone: (772) 464-7700 Fax: (772) 464-7877 t Nt;M6rR'OA'�'L oocug38� SEP�� O _CflM11lSS10N C1.�r•;� fpSC r 3. The Utility is subject to exclusive jurisdiction of the Commission because its service will transverse the boundaries of Indian River, Okeechobee and St. Lucie Counties, Florida. Section 367.171(7), Florida Statutes. 4. Pursuant to Rule 25-30.030(2), Florida Administrative Code, the Utility has obtained from the Commission a list of names and addresses of the entities entitled to receive notice of the Application ("Notice List'). 5. Within seven (7) days of filing this Application, the Utility will provide notice of the Application by regular mail to: (a) the governing bodies of Indian River, Okeechobee and St. Lucie Counties, Florida; (b) the governing bodies of all municipalities within Indian River, Okeechobee and St. Lucie Counties, Florida, stated on the Notiice List; (c) the regional planning councils designated on the Notice List; (d) all water and wastewater utilities on the Notice List; (e) the Office of Public Counsel; (f) the Commission's Director of the Commission Cleric and Administrative Services; (g) the appropriate regional offices of Florida Department of Environmental Protection (°FDEP'); (h) the appropriate Water Management District; and (i) other entities stated on the Notice List. Such notice will contain all information required under Florida Administrative Code Rule 25-30.030(4) 6. Within seven (7) days of filing this Application, the Utility will provide a copy of the notice of the Application to the prospective customers of the system to be certificated. 7. Within seven (7) days of filing this Application, the Utility will publish notice of the Application once in a newspaper of general circulation in the territory proposed to be served. B. Within fifteen (15) days of filing this Application, the Utility will submit affidavits to the Commission verifying that it has provided notice of its Application, along with a copy of the notice and list of entities receiving the notice pursuant to Florida Administrative Code Rule 25-30.030. 9. Included in the Application are all information, documents, and maps required by Florida Administrative Code Rule 25-30.033, including facts demonstrating the Utility's ability to provide service, the area and facilities involved, the need for service in the area involved, and the existence or nonexistence of services from other utilities in the proposed service area. Also included in the Application are Schedules showing all rates, classifications, charges for service of every kind proposed by the Utility, and all rules, regulations and service availability policies. 10. The application fee required by Section 367,145, Florida Statutes, and Florida Administrative Code Rule 25.30,020, has been submitted to the Commission Clerk of Administrative Services, along with the filing of this Application. WHEREFORE, the Utility requests that the Commission: a. Grant Utility's application for original certificates for a proposed water and wastewater system; b. Approve initial rates and charges for the Utility; c. Issue certificates of authorization for the water and wastewater system; and d. Grant such other relief as appropriate. APPLICATION FOR ORIGINAL CERTIFICATE FOR A PROPOSED OR EXISTING SYSTEM REQUESTING INITIAL RATES AND CHARGES (Pursuant to Section 357.045, Florida Statutes) To: Office of Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-MO The undersigned hereby makes application for original certificates) to operate a water and wastewater utility in Indian River, Okeechobee and St. Lucie Counties, Florida, and submits the following information: PART I APPLICANT INFORMATION A) The full name (as it appears on the certificate), address and telephone number of the applicant: Grove Land Utilities LLC Name of utility (7721234-2410 (772) 234.6059 Phone No. Fax No. 660 Beachland Blvd. Suite 301 Office street address Vero Beach Florida 32963 City State Zip Code Mailing address I different from street address intemet address if applicable B) The name, address and telephone number of the person to contact concerning this application: Ronald Edwards Manager Grove Land Utilities LLC'r (772) 234-2410 Name Phone No. 660 Beachland Blvd Suite 301 Street address Vero Beach Florida 32963 City State Zip Code ^ and Michael Minton Dean Mead Minton & Zwemer (772) 464-7700 Name Phone No. 1903 South 25'" St Suite 200 Street address Pierce Florida 34947 City State Zip Code and Gerald Hartman PE BCEE ASA - GAI Consultants (407) 423-8398 Name Phone No. 301 E. Pine St., Suite 1020 Street address State Zip Code C) Indicate the organizational character of the applicant; (drele one) Corporation Partnership Sole Proprietorship Other. Limited Liability Company - (Specify) D) If the applicant Is a corporation, indicate whether it has made an election under Internal Revenue Code Section 1362 to be an S Corporation; Yes No X E) If the applicant Is a corporation, list names, titles and addresses of corporate officers, directors, partners, or any other person(s) or entities owning an Interest In the applicant's business organization. (Use additional sheet it necessary). The 6ppliggnt is an LLC wholly owned by Evans Utilities Comnanv, Inc. Evans Utilities is the sole member of Applicant.-- F) If the applicant is not a corporation, list names and addresses of all persons or entities owning an interest In the organization. (Use additional sheet if necessary.) Not Applicable 2 0.11 PART it NEED FOR SERVICE A) Exhibit A - A statement regarding the need for service in the proposed territory, such as anticipated (or actual) development in the area. Identify. any other utilities within the area proposed to be served which could potentially provide such service In the area and the steps the applicant took to ascertain whether such other service is available. B) Exhibit B - A statement that to the best of the applicant's knowledge, the provision of service will be consistent with the water and wastewater sections of the local comprehensive plan, as approved by the Department of Community Affairs at the time the application is filed, If the provision of service is inconsistent with such plan, provide a statement demonstrating why granting the certificate would be in the public interest. PART III SYSTEM INFORMATION A) WATER (1) Exhibit C - A statement describing the proposed type(s) of water service to be provided (i.e., potable, non -potable or�o. r (2) Exhibit D - The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. If development will be In phases, separate this information by phase. In addition,* if the utility is in operation, provide the current number of ERCs by meter site and customer class. (3) Description of the types of customers anticipated (i.e., single family, mobile homes, clubhouse, commercial, etc.): The Applicant currently is proRosing to serve general service residential, and exempt and non-exempt bulk service customers. (4) In the case of an existing utility, provide the permit number and the date of approval of facilities by the Department of Environmental Protection .(DEP) or the agency designated by DEP to Issue permits: WA 3 (5) Indicate the design capacity of the treatment plant in terms of equivalent opment residential connections (ERCs) and gallons per day (gp ). will be in phases, separate this Information by phase. 195 (ERCs) 68,250 (GPD) Phase 1 378 (ERCs) 132,300 (GPD) Phase it Max 392 (ERCs) _ 137.200 (GPD) Phase III Max 331 (ERCs) 115.850 (GPD) Phase IV Max (6) indicate the type of treatment: (7) Indicate the design capacity of the transmission and distribution lines in terms of ERCs and gpd, If development will be in phases, separate this Information by phase. 195 (ERCs) 68 2 0�__ _ (GPD) Phase I 378 (ERCs) 132,300 (GPD) Phase it Max 392 (ERCs) 137,200 (GPD) Phase ill Max 331 (ERCs) 115.850 (GPD) Phase IV Max (8) Provide the date the applicant began or plans to begin serving customers: (9) Exhibit E - Evidence, in the form of a warranty deed, that the utility owns the land where the water facilities are or will be located. If the utility does not own the land, a copy of the agreement which provides for the long term continuous use of the land, such as a 99-year lease. The Commission may consider a written easement or other cost-effective alternative. The applicant may submit a contract for the purchase and sale of land with an unexecuted copy of the warranty deed provided the applicant files an executed and recorded copy of the deed, or executed copy of the lease, within thirty days after the order granting the certificate. 4 WASTEWATER (1) Exhiblt F - The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. If development will be in phases, separate this information by phase. In addhion,.if the utility is in operation, provide the current number of ERCs by meter size and customer class. (2) Description of the types of customers anticipated (i.e., single family, mobile homes, clubhouse, commercial, etc.): The Applicant currently is proposing to serve mainly general service and residential customers within the proposed service area. (3) In the case of an existing utility, provide the permit number and the date of approval of facilities by the Department of Environmental Protection (DEP) or the agency designated by DEP to issue permits: N/A (4) Indicate separately the design capacity of the treatment plant and effluent disposal system in terms of equivalent residential connections (ERCs) and gallons per day (gpd). If development will be In phases, separate this Information by phase. 185 (ERCs) 49,950 (GPD) Phase I 378 (ERCs) 102,060 (GPD) Phase II Maas 392 (ERCs) 105,840 (GPD) Phase III Max 331 (ERCs) 89,370 (GPD) Phase IV Max (5) Indicate the method of treatment and disposal (percolation pond, spray field, etc.): IN full extent of treatment required for future Phases has not yet been determined. (6) Exhibit __Q_ -If the applicant does not propose to use reuse as a meant of effluent disposal, provide a statement that describes, with particularity, the reasons for not using reuse. 5 (7) indicate the design capacity of the collection lines in terms of ERCs and GPD. If development will be in phases, separate this information by phase. 185 (ERCs) 49,950 (GPD) Phase 1 378 (ERCs) 102,060 (GPD) Phase II Max 392 (ERCs) 105,840 (GPD) Phase Ili Max 331 (ERCs) 89,370 (GPD) Phase IV Max (8) Provide the date the applicant began or plans to begin serving customers: (9) Exhibit ,j-I , - Evidence, in the form of a warranty deed, that the utility owns the land where utility treatment facilities are or will be located. If the utility does not own the land, a copy of the agreement which provides for the long term continuous use of the land, such as a 99-year lease. The Commission may consider a written easement or other cost-effective altemative. The applicant may submit a contract for the purchase and sale of land with an unexecuted copy of the warranty deed provided the .— applicant files an executed and recorded copy of the deed, or executed copy of the lease, within thirty days after the order granting the certificate. PART IV FINANCIAL AND TECHNICAL INFORMATION A) Exhibit _,,,j_ - A statement regarding the financial and technical ability of the applicant to provide reasonably sufficient and efficient service. B) Exhibit J - A detailed financial statement (balance sheet and income statement), certified if available, of the financial condition of the applicant, showing all assets and liabilities of every kind and character. The income statement shall be for the preceding calendar or fiscal year. If an applicant has not operated for a full year, then the income statement shall be for the lesser period. The financial statement shall be prepared in accordance with Rule 25-30.115, Florida Administrative Code. If available, a statement of the source and application of funds shall also be provided. C) Exhibit K - A list of all entities, including affiliates, upon which the applicant is relying to provide funding to the utility, and an. explanation of the manner and amount of such funding, which shall include their financial statements and any financial agreements with the utility. This requirement shall not apply to any person or entity holding less than 10 percent ownership Interest In the utility. r 6 D) Exhibit L - A schedule showing the projected cost of the proposed system (or actual cost of the existing system) by uniform system of accounts (USDA) account numbers pursuant to Rule 25-30.115, F.A.C. In addition, provide the capacity of each component of the system in ERCs and gallons per day. If the utility will be built in phases, this schedule shall apply to the design capacity of the first phase only. Provide a separate exhibit for the water and sewer systems. E) Exhibit M - A schedule showing the projected operating expenses of the proposed system by USOA account numbers when 80 percent of the designed capacity of the system is being utilized. If the utility will be built in phases, this schedule shall apply to the design capacity of the first phase oniy. In addition, if the utility has been in existence for at least one year, provide actual operating expenses for the most recent twelve months. Provide a separate exhibitfor the water and sewer systems. F) Exhibit N - A schedule showing the projected capital structure, Including the methods of financing the construction and operation of the utility until the utility reaches 80 percent of the designed capacity of the system(s). G) Exhibit Q -A cost study, including customer growth projections, which supports the proposed rates, miscellaneous service charges, customer deposits and 00 - service availability. charges. A sample cost study is enclosed with the application package. Provide a separate cost study for the water and sewer systems. H) Exhibit N/A - if the base facility and usage rate structure (as defined in Rule 25-30.437(6), F.A.C.) is not utilized for metered service, provide an alternative rate structure and a statement supporting why the alternative is appropriate. 1) Exhibit N/A - If a different return on common equity other than the current equity leverage formula established by order of the Public Service Commission pursuant to Section 367.081(4), F.S. is utilized, provide competent substantial evidence supporting the use of a different return on common equity. Information on the current equity leverage formula may be obtained by contacting the accounting section at the listed number. PART V ALLOWANCE FOR (FUNDS USED DURING CONSTRUCTION (AFUDC) Please note the following: A) Utilities obtaining initial certificates pursuant to Rule 25-30.033, F.A.C., are authorized to accrue AFUDC for projects found eligible pursuant to Rule 25- 30.116(1), F.A.C. B) A discounted monthly AFUDC rate calculated in accordance with Rule 25- r 7 30.116(3), F.A.C., shall be used to insure that the annual AFUDC charged does not exceed authorized levels. C) The date the utility shall begin to charge the AFUDC rate shall be the date the certificate of authorization is issued to the utility so that such rate can apply to Initial construction of the utility facilities. PART VI TERRITORY DESCRIPTION AND MAPS A) TERRITORY DESCRIPTION Exhibit P - An accurate description, using township, range and section references as specified in Rule 25-30.030(2), Florida Administrative Code, If the water and wastewater service territories are different, provide separate descriptions. B) TERRITORY MAPS Exhibit tD - One copy of an official county tax assessment map or other map showing township, range and section with a scale such as 1'=200' or 1 "=400' on which the proposed, territory is plotted by use of metes and bounds or quarter sections and with a defined reference point of beginning. H the water and wastewater service territories are different, provide separate maps. C) SYSTEM MAPS Exhibit R -One copy of detailed map(s) showing proposed lines, facilities and the territory proposed. Additionally, identify any existing lines and facilities. Map(s) should be of sufficient scale and detail to enable correlation with a description of the territory to be served. Provide separate maps for water and wastewater systems. PART VII NOTICE OF ACTUAL APPLICATION A) Exhibit S - An affidavit that the notice of actual application was given in accordance with Section 367.045(1)(a), Florida Statutes, and Rule 25-30.030, Florida Administrative Code, by regular mail to the following: (1) the governing body of the municipality, county, or counties in which the system or the territory proposed to be served is located; (2) the privately owned water and wastewater utilities that hold a certificate granted by the Public Service Commission and that are located within the 8 county in which the utility or the territory proposed to be served is located; (3) if any portion of the proposed territory is within one mile of a county boundary, the utility shall notice the privately owned utilities located in the bordering counties and holding a certificate granted by the Commission; (4) the regional planning council; (5) the Office of Public Counsel; (6) the Public Service Commission's Director of the Division of the Commission Clerk and Administrative Services; (7) the appropriate regional office of the Department of Environmental Protection; (8) and the appropriate water management district. Copies of the Notice and a list of entities noticed shall accompany the affidavit. THIS MAY BE A LATE -FILED EXHIBIT B) Exhibit T - An affidavit that the notice of actual application was given in accordance with Rule 25-30.030, Florida Administrative Code, by regular mail or personal delivery to each customer of the system. A copy of the notice shall accompany the affidavit. THIS MAY BE A LATE -FILED EXHIBIT. C) Exhibit U - Immediately upon completion of publication, an affidavit that the notice of actual application was published once In a newspaper of general circulation in the territory in accordance with Rule 25-30.030, Florida Administrative Code. A copy of the proof of publication shall accompany the affidavit. THIS MAY BE A LATE -FILED EXHIBIT. , PART Vlll FIUNG FEE Indicate the filing fee enclosed with the application: $ 1,500.00 (for water) and $ 1,500.00 (for wastewater). Note: Pursuant to Rule 25-30.020, Florida Administrative Code, the amount of the filing fee as follows: (1) For applications in which the utility has the capacity to serve uplo 500 ERC's, the filing fee shall be $780. (2) For applications in which the utility has the capacity to serve from 501 to 2,000 ERC's the filing fee shall be $1,500. (3) For applications in which the utility has the capacity to serve from 2,001 ERC's to 4,000 ERC's the filing fee shall be $2,250. (4) For applications in which the utility has the capacity to serve more than 4,000 ERC's the filing fee shall be $3,000. PART IX TARIFF Exhibit V - The original and two copies of water and/or wastewater tarfff(s) containing all rates, classifications, charges, rules and regulations. Sample tariffs are enclosed with the application package. 10 ..., PART X AFFIDAVIT I 1 A FD►yQf?,DS (applicant) do solemnly swear or affirm that the facts stated in the foregoing application and all exhibits attached thereto are true and correct and that said statements of fact thereto constitutes a complete statement of the matter to which it relates. BY: 21-5 Applicant's Signature &OALD L - 6-bWAOS Applicant's Name (Typed) Applicant's Title ` Subscribed and sworn to before me this ZiL day of month in the year of 2009 by'f DN&(i, , F—DWAPDS who is rsonally known to me or produced identification n Type of Identification Produced B wh Cwir��lon D0749997 a E.V=OtM0 12 Print, Type or Stamp Commissioned Name of 'If applicant is a corporation, the affidavit must be made by the president or other officer authorized by the by-laws of the corporation to act for It. If applicant is a partnership or association, a member of the organization authorized to make such affidavit shall execute same. TABLE OF CONTENTS EXHIBITS Exhib' Name A Need for Service B Consistency with Local Comprehensive Plan C Customers, Facility and Services D Number of ERCs to be Served -Water E Land Ownership for Water Facilities F Number of ERCs to be Served -Wastewater G Use of Reuse H Land Ownership for Wastewater facilities I Financial and Technical Ability J Detailed Financial Statement K Funding of Utility L Projected Cost of the System M Operating Expenses N Projected Capital Structure O Cost of Service Study P Territory Description p Tax Assessment Maps R System Maps S Affidavit: Notice of Application T Affidavit: Notice to Customers U Affidavit: Notice of Publication V Water Tariff and Wastewater Tariff r EXHIBIT A Grove Land Utilities, LLC (Grove Land) proposes to provide potable and non -potable water and wastewater services to bulk exempt, bulk non-exempt, intensified agribusiness, residential and general service customers from the service territory described in this application within Indian River, Okeechobee and St. Lucie counties. Grove Land's affiliate, Evans Properties, Inc., (Evans) owns all of the land inside the service boundaries of the utility. In addition to ten existing residences and two shops that have a need for central service, Evans has plans for utilizing utility services for a variety of ventures. A copy of a request for service letter for existing facilities, signed by Mr. J. Emmet Evans III, VP of Evans Properties to Mr. Ron Edwards, Manager of Grove Land Utilities, LLC, as well as a copy of a more general request for service, signed by Mr, Ron Edwards, President of Evans, to the Florida Public Service Commission Is provided in Appendix I. Grove Land plans to expand its utility in phases to coincide with the need for utility service for Evans property. The most immediate need for water and wastewater services for Evans is the existing residential and commercial properties, exempt and non-exempt bulk water, intensified agribusiness and the first phase of development. The requirement for utility services is planned to be completed in four (4) phases. The first phase will occur in one area each of Indian River, Okeechobee and St. Lucie Counties. Please refer to the phased development map In Appendix 1. The map labels each section of land with an ID number. Phase I will encompass ID numbers 1, 2 and 4. Phase 11 will encompass ID numbers 3 and S. Grove Land is proposing to establish a single water and wastewater utility system for Indian River, Okeechobee and St. Lucie Counties. The Utility's facilities in all three counties will be functionally related and operationally integrated. Grove Land's system will be managed from a single centrally -located office. Personnel responsible for management, maintenance, customer service and administrative support will be the same for all three counties. Staffing, planning, and budgeting will be done on a system- wide basis rather than on a county -by -county basis. Moreover, operating costs will not vary materially from county to county and rates will be uniform throughout Grove Lands's proposed service area. There is currently no central potable water or wastewater service in the service territory described in this application. No other utilities are within the area proposed to be served, and none are capable of providing the necessary level of service In the area. Since Grove Land's affiliate currently owns all of the land within the proposed service area, they will be in the best position to provide water and wastewater service in the most efficient and cost-effective manner. P. EXHIBIT B Grove Land Utilities (Utility) will be operating in Indian River, Okeechobee and St. Lucie Counties. Therefore, the discussion of consistency with the Comprehensive Growth Management Plan (Comprehensive Plan) will be addressed for each County separately. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of Indian River County. Chapter 3, page 32, begins discussion of private treatment plants regarding the Sanitary Sewer sub -element. It allows for private treatment plants In land use areas designated as agriculture as long as there is clustering of residential development within the area. Chapter 3B, page 23, provides the same for potable water systems. The proposed territory has a land use element designation of agriculture 2 (AGR-2). Chapter 1, page 69, discusses the allowed land use density of the AGR-2 land use element. The allowed density is 1 (one) dwelling unit per 10 (ten) acre tract of land. The conceptual plan of utility services set forth; in this application is consistent with the foregoing density. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of Okeechobee County. The proposed territory has a land use element designation of agriculture. Section 2, page 9, discusses the allowed land use density of the agriculture land use element. The allowed density is 1 (one) dwelling unit per 10 (ten) acre tract of land. The conceptual plan of utility services set forth in this application is consistent with the foregoing density. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of St. Lucie County. It is the Utility's understanding that St. Lucie County would ultimately like to provide all potable water and wastewater service �.. to unincorporated areas of the County and would like utilities to connect to County facilities when they become available. If and when utility service becomes available and it is financially feasible to connect, Grove land will evaluate an interconnection to County facilities. The proposed territory has a land use element designation of agriculture (AG-5). Page 1-25 of the Comprehensive Plan discusses the allowed land use density of the AG-5 land use element, The allowed density Is 1 (one) dwelling unit per 5 (five) acre tract of land. The conceptual plan of utility services set forth in this application is consistent with the foregoing density. The pertinent sections from the referenced Comprehensive Plans are included in Appendix II. I ki —' BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Bluefield Utilities, LLC Docket No. to operate a Water and Wastewater Utility in Martin and St. Lucie Counties, Florida. Filed: September 25, 2009 APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES Bluefield Utilities, LLC (the "Utility"), by and through its undersigned attorney and pursuant to Sections 367.031 and 367.045, Florida Statutes, and Rule 25-30.033, Florida Administrative Code, files this application for original certificates to operate a water and wastewater utility in Martin and St. Lucie Counties and for approval of initial rates and charges ("Application"). The Application is attached. In support of the Application, the Utility states: 1. The Utility's name and address are: Bluefield Utilities, LLC 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 2. The names and addresses of the Utility's authorized representatives are: Ronald Edwards, Manager Bluefield Utilities, LLC 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 Phone: (772) 234-2410 Fax: (772) 234-6059 and I Michael Minton Dean, Mead, Minton & Zwemer 1903 South 25"Street, Suite 200 _; - Fort Pierce, Florida 34947 Phone: (772) 464-7700 Fax: (772)464-7877 000UM..-N, �,' ii:: ('r"• r• 09921 Sic. P2: o FP.SC-Ct,t' :'i:': %i' 1. t 6 3. The Utility is subject to exclusive jurisdiction of the Commission because its service will transverse the boundaries of Martin and St. Lucie Counties, Florida. Section .. 367.171(7), Florida Statutes. 4. Pursuant to Rule 25-30.030(2), Florida Administrative Code, the Utility has obtained from the Commission a list of names and addresses of the entities entitled to receive notice of the Application ("Notice List"). 5. Within seven (7) days of filing this Application, the Utility will provide notice of the Application by regular mall to: (a) the governing bodies of Martin and St. Lucie Counties, Florida; (b) the governing bodies of all municipalities within Martin and St. Lucie Counties, Florida, stated on the Notice List; (c) the regional planning councils designated on the Notice List; (d) all water and wastewater utilities on the Notice List; (e) the Office of Public Counsel; (f) the Commission's Director of the Commission Clerk and Administrative Services; (g) the appropriate regional offices of Florida Department of Environmental Protection ("FDEP") (West Palm Beach); (h) the appropriate Water Management District; and (i) other entities stated on the Notice List. Such notice will contain all information required under Florida Administrative Code Rule 25-30.030(4) 6. Within seven (7) days of filing this Application, the Utility will provide a copy of the notice of the Application to the prospective customers of the system to be certificated. 7. Within seven (7) days of filing this Application, the Utility will publish notice of the Application once in a newspaper of general circulation in the territory proposed to be served. r B. Within fifteen (15) days of filing this Application, the Utility will submit affidavits to the Commission verifying that it has provided notice of its Application, along with a copy of the notice and list of entities receiving the notice pursuant to Florida Administrative Code Rule 25.30.030. 9. Included in the Application are all information, documents, and maps required by Florida Administrative Code Rule 25-30.033, including facts demonstrating the Utility's ability to provide service, the area and facilities involved, the need for service in the area involved, and the existence or nonexistence of services from other utilities in the proposed service area. Also included in the Application are Schedules showing all rates, classifications, charges for service of every kind proposed by the Utility, and all rules, regulations and service availability policies. —. 10. The application fee required by Section 367,145, Florida Statutes, and Florida Administrative Code Rule 25-30,020, has been submitted to the Commission Clerk of Administrative Services, along with the filing of this Application. WHEREFORE, the Utility requests that the Commission: a. Grant Utility's application for original certificates for a proposed water and wastewater system; b. Approve initial rates and charges for the Utility; c. Issue certificates of authorization for the water and wastewater system; and d. Grant such other relief as appropriate. Respectfully submitted this 25th day of September, 2009. DELI, MEADl,MINTON MER J v Michael Minton Dean, Mead, Minton & Zwemer 1903 South 26th Street, Suite 200 Fort Pierce, Florida 34947 Phone: (772) 464-7700 . Fax: (772) 464-7877 Attomey for Bluefield Utilities, LLC APPLICATION FOR ORIGINAL CERTIFICATE FOR A PROPOSED OR EXISTING SYSTEM REQUESTING INITIAL RATES AND CHARGES (Pursuant to Section 367.045, Florida Statutes) To: Office of Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850 The undersigned hereby makes application for original certificates) to operate a water and wastewater utility in Martin'and St. Lucie Counties, Florida, and submits the following information: PART I APPLICANT INFORMATION A) The full name (as it appears on the certificate), address and telephone number of the applicant: Bluefield Utilities, LLC Name of utility (772) 234-2410 (772) 234-6059 Phone No. Fax No. 660 Beachland Blvd., Suite 301 Office street address Vero Beach Florida 32963 City State Zip Code Mailing address if different from street address Internet address if applicable B) The name, address and telephone number of the person to contact concerning this application: Ronald Edwards. Manager— Bluefield Utilities LLC (772) 234-2410 Name Phone No. 660 Beachland Blvd., Suite 301 Street address Vero Beach Florida 32963 City State Zip Code ; 50 N e� 5_ and Michael Minton — Dean. Mead. Minton & Zwemer (772) 464-7700 Name Phone No. 1903 South 25`h St., Suite 200 Street address Ft. Pierce Florida 34947 City State Zip Code and Gerald Hartman, PE, BCEE. ASA — GAI Consultants (407) 423-8 Name Phone No. 301 E. Pine St., Suite 1020 Street address Orlando Florida 32801 City State Zip Code C) Indicate the organizational character of the applicant: (circle one) Corporation Partnership Sole Proprietorship Other: Limited Liability Company (Specify) - D) If the applicant is a corporation, indicate whether it has made an election under Internal Revenue Code Section 1362 to be an S Corporation: Yes No X E) If the applicant is a corporation, list names, titles and addresses of corporate officers, directors, partners, or any other person(s) ore * ntities owning an interest in the applicant's business organization. (Use additional sheet if necessary). The Applicant is an LLC wholly owned by Evans Utilities Company, Inc. Evans Utilities is the sole member of Applicant. F) If the applicant is not a corporation, list names and addresses of all persons or entities owning an interest in the organization. (Use additional sheet If necessary.) Not Applicable. 2 --- PART II NEED FOR SERVICE A) Exhibit A - A statement regarding the need for service in the proposed territory, such as anticipated (or actual) development in the area. Identify any other utilities within the area proposed to be served which could potentially provide such service in the area and the steps the applicant took to ascertain whether such other service is available. B) Exhibit B - A statement that to the best of the applicant's knowledge, the provision of service will be consistent with the water and wastewater sections of the local comprehensive plan, as approved by the Department of Community Affairs at the time the application is filed. If the provision of service is -inconsistent with such plan, provide a statement demonstrating why granting the certificate would be in the public interest. PART III SYSTEM INFORMATION A) WATER (1) Exhibit C - A statement describing the proposed type(s) of water service to be provided (i.e., potable, non -potable or of). (2) Exhibit D - The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. If development will be in phases, separate this information by phase. In addition,'if the utility is in operation, provide the current number of ERCs by meter size and customer class. (3) Description of the types of customers anticipated (i.e., single family, mobile homes, clubhouse, commercial, etc.): The Applicant currently is proposing to serve general service residential Intensified agribusiness, and exempt and non-exempt bulk service customers. (4) In the case of an existing utility, provide the permit number and the date of approval of facilities by the Department of Environmental Protection (DEP) or the agency designated by DEP to issue permits: N/A 3 -~ (5) Indicate the design capacity of the treatment plant in terms of equivalent residential connections (ERCs) and gallons per day (gpd). If development will be in phases, separate this information by phase. 279 (ERCs) 97,650 (GPD) Phase 1 734 (ERCs) 256,900 (GPD) Phase II Max 924 (ERCs) 323,400 (GPD) Phase III Max 299 (ERCs) 104,650 (GPD) Phase IV Max 11 (ERCs) 3,850 (GPD) Phase V Max 12 (ERCs) 4,200 (GPD) Phase VI Max (6) Indicate the type of treatment: Water facilities for Phase I will provide chlorination via a hygochlodnatorfor disinfection purposes. Phases II through VI are yet to be determined. (7) Indicate the design capacity of the transmission and distribution lines in terms of ERCs and gpd. If development will be in phases, separate this information by phase.. 279 (ERCs) 97,650 (GPD) Phase I 734 (ERCs) 256.900 (GPD) Phase II Max 924 (ERCs) 323,400 (GPD) Phase III Max 299 . (ERCs) 104.650 (GPD) Phase IV Max 11 (ERCs) 3,850 (GPD) Phase V Max 12 (ERCs) 4,200 (GPD) Phase VI Max (8) Provide the date the applicant began or plans to begin serving customers: Service will begin as soon as immediately possible after certification and rate approval by the Commission (9) Exhibit E - Evidence, in the form of a warranty deed, that the utility owns the land where the water facilities are or will be.located. If the utility does not own the land, a copy of the agreement which provides for the long term continuous use of the land, such as a 99-year lease, The Commission may consider a written easement or other cost-effective alternative. The applicant may submit a contract for the purchase and sale of land with an unexecuted copy of the warranty deed provided the applicant files an executed and recorded copy of the deed, or executed copy of the lease, within thirty days after the order granting the certificate. 4 S) WASTEWATER (1) Exhibit F - The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. If development will be in phases, separate this information by phase. In addition, if the utility is in operation, provide the current numberof ERCs by metersize and customer class. (2) Description of the types of customers anticipated (i.e., single family, mobile homes, clubhouse, commercial, etc.): The Applicant currently is proposing to serve mainly general service and residential customers within the proposed service area. (3) In the case of an existing utility, provide the permit number and the date of approval of facilities by the Department of Environmental Protection (DEP) or the agency designated by DEP to issue permits: N/A (4) Indicate separately the design capacity of the treatment plant and effluent disposal system in terms of equivalent residential connections (ERCs) and gallons per day (gpd). If development will be in phases, separate this information by phase. 259 (ERCs) 69,930 (GPD) Phase I 734 (ERCs) 198,180 (GPD) Phase II Max 924 (ERCs) 249,480 (GPD) Phase III Max 299 (ERCs) 80.730 (GPD) Phase IV Max 11 (ERCs) 2,970 (GPD) Phase V Max 12 (ERCs) 3,240 (GPD) Phase VI Max (5) Indicate the method of treatment and disposal (percolation pond, spray field, etc.): The type of treatment and disposal for Phase I will be a low-pressure system utilizing a 5,000 gallon septic tank and accompanying drain -field in Martin County and pre-enalneered wastewater treatmentglants utilizing an extended aeration/MLE treatment process with percolation ponds in St Lucie County. The full extent of treatment required for future Phases has not yet been determined. 5 (6) Exhibit G - If the applicant does not propose to use reuse as a means of effluent disposal, provide a statement that describes, with particularity, the reasons for not using reuse. (7) Indicate the design capacity of the collection lines in terms of ERCs and GPD. If development will be in phases, separate this information by phase. 259 (ERCs) 69,930 (GPD) Phase I 734 (ERCs) 198,180 _ (GPD) Phase 11 Max 924 (ERCs) 249,480 (GPD) Phase III Max 299 (ERCs) 80.730 ___ (GPD) Phase IV Max 11 (ERCs) 2,970 _ (GPD) Phase V Max 12 (ERCs) 3,240 (GPD) Phase VI Max (8) Provide the date the applicant began or plans to begin serving customers: Service will begin -as soon as immediately possible after certification and rate approval by the Commission (9) Exhibit H - Evidence, in the form of a warranty deed, that the utility owns the land where utility treatment facilities are or will be located. If the utility does not own the land, a copy of the agreement which provides for the long term continuous use of the land, such as a 99-year lease. The Commission may consider a written easement or other cost-effective alternative. The applicant may submit a contract for the purchase and sale of land with an unexecuted copy of the warranty deed provided the applicant files an executed and recorded copy of the deed, or executed copy of the lease, within thirty days after the order granting the certificate. PART IV FINANCIAL AND TECHNICAL INFORMATION A) Exhibit I - A statement regarding the financial and technical ability of the applicant to provide reasonably sufficient and efficient service. B) Exhibit J - A detailed financial statement (balance sheet and income statement), certified if available, of the financial condition of the applicant, showing all assets and liabilities of every kind and character. The income statement shall be for the preceding calendar or fiscal year. If an applicant has not operated for a full year, then the income statement shall be for the lesser period. The financial statement shall be prepared in accordance with Rule 25-30.115, Florida Administrative Code. If available, a statement of the source .6 and application of funds shall also be provided. C) Exhibit K - A list of all entities, including affiliates, upon which the applicant is relying to provide funding to the utility, and an explanation of the manner and amount of such funding, which shall include their financial statements and any financial agreements with the utility. This requirement shall not apply to any person or entity holding less than 10 percent ownership interest in the utility. D) Exhibit L - A schedule showing the projected cost of the proposed system (or actual cost of the existing system) by uniform system of accounts (USDA) account numbers pursuant to Rule 25-30.115, F.A.C. In addition, provide the capacity of each component of the system in ERCs and gallons per day. If the utility will be built in phases, this schedule shall apply to the design capacity of the first phase only. Provide a separate exhibit for the water and sewer systems. E) Exhibit M - A schedule showing the projected operating expenses of the proposed system by USOA account numbers when 80 percent of the designed capacity of the system is being utilized. If the utility will be built in phases, this schedule shall apply to the design capacity of the first phase only. In addition, if the utility has been in existence for at least one year, provide actual operating expenses for the most recent twelve months. Provide a separate exhibit for the water and sewer systems. F) Exhibit N - A schedule showing the projected capital structure, including the methods of financing the construction and operation of the utility until the utility reaches 80 percent of the designed capacity of the system(s). G) Exhibit O - -A cost study, including customer growth projections, which supports the proposed rates, miscellaneous service charges, customer deposits and service availability charges. A sample cost study is enclosed with the application package. Provide a separate cost study for the water and sewer systems. H) Exhibit N/A - If the base facility and usage rate structure (as defined in.Rule 25-30.437(6). F.A.C.) is not utilized for metered service, provide an alternative rate structure and a statement supporting why the alternative is appropriate, Exhibit N/A - If a different return on common equity other than the' current equity leverage formula established by order of the Public Service Commission pursuant to Section 367.081(4), F.S. is utilized, provide competent substantial evidence supporting the use of a different return on common equity. Information on the current equity leverage formula may be obtained by contacting the accounting section at the listed number. 7 PART V ALLOWANCE FOR FUNDS USED DURING CONSTRUCTION (AFUDC) Please note the following: A) Utilities obtaining Initial certificates pursuant to Rule 25-30,033, F.A.C., are authorized to accrue AFUDC for projects found eligible pursuant to Rule 25- 30.116(1), F.A.C. B) A discounted monthly AFUDC rate calculated in accordance with Rule 25- 30,116(3), F.A.C., shall be used to insure that the annual AFUDC charged does not exceed authorized levels. C) The date the utility shall begin to charge the AFUDC rate shall be the date the certificate of authorization is issued to the utility so that such rate can apply to initial construction of the utility facilities. PART VI TERRITORY DESCRIPTION AND MAPS A) TERRITORY DESCRIPTION Exhibit P - An accurate description, using township, range and section references as specified in Rule 25-30.030(2), Florida Administrative Code. If the water and wastewater service territories are different, provide separate descriptions. B) TERRITORY MAPS Exhibit � _ -One copy of an official county tax assessment map or other map showing township, range and section with a scale such as 1 "=200' or 1 "=400' on which the proposed territory is plotted by use of metes and bounds or quarter sections and with a defined reference point of beginning. If the water and wastewater service territories are different, provide separate maps. C) SYSTEM MAPS Exhibit R -One copy of detailed map(s) showing proposed lines, facilities and the territory proposed. Additionally, identify any existing lines and facilities. Map(s) should be of sufficient scale and detail to enable correlation with a description of the territory to be served. Provide separate maps for water and wastewater systems. N PART VII NOTICE OF ACTUAL APPLICATION A) Exhibit S - An affidavit that the notice of actual application was given in accordance with Section 367.045(1)(a), Florida Statutes, and Rule 25-30.030, Florida Administrative Code, by regular mail to the following: (1) the governing body of the municipality, county, or counties in which the system or the territory proposed to be served is located; (2) the privately owned water and wastewater utilities that hold a certificate granted by the Public Service Commission and that are located within the county in which the utility or the territory proposed to be served is located; (3) if any portion of the proposed territory is within one mile of a county boundary, the utility shall notice the privately owned utilities located in the bordering counties and holding a certificate granted by the Commission; (4) the regional planning council; (5) the Office of Public Counsel; (6) the Public Service Commission's Director of the Division of the Commission Clerk and Administrative Services; (7) the appropriate regional office of the Department of Environmental Protection; (8) and the appropriate water management district. Copies of the Notice and a list of entities noticed shall accompany the affidavit. THIS MAY BE A LATE -FILED EXHIBIT B) Exhibit T - An affidavit that the notice of actual application was given in accordance with Rule 25-30.030, Florida Administrative Code, by regular mail or personal delivery to each customer of the system. A copy of the notice shall accompany the affidavit. THIS MAY BE A LATE -FILED EXHIBIT. C) Exhibit U - Immediately upon completion of publication, an affidavit that the notice of actual application was published once in a newspaper of general circulation in the territory in accordance with Rule 25-30.030, Florida Administrative Code. A copy of the proof of publication shall accompany the affidavit. THIS MAY BE A LATE -FILED EXHIBIT. 0 PART Vlll FILING FEE Indicate the filing fee enclosed with the application: $ 2,250.00 (for water) and $ 2,250.00 (for wastewater). Note: Pursuant to Rule 25-30.020, Florida Administrative Code, the amount of the filing fee as follows: (1) For applications in which the utility has the capacity to serve up to 500 ERC's, the filing fee shall be $750. (2) For applications in which the utility has the capacity to serve from 501 to 2,000 ERC's the filing fee shall be $1,500. (3) For applications in which the utility has the capacity to serve from 2,001 ERC's to 4,000 ERC's the filing fee shall be $2,250. (4) For applications in which the utility has the capacity to serve more than 4,000 ERC's the filing fee shall be $3,000., -- PART IX TARIFF Exhibit V - The original and two copies of water and/or wastewater tariff(s) containing all rates, classifications, charges, rules and regulations. Sample tariffs are enclosed with the application package. 10 PART X AFFIDAVIT 4L • CDW A DS (applicant) do solemnly swear or affirm that the facts stated in the foregoing application and all exhibits attached thereto are true and correct and that said statements of fact thereto constitutes a complete statement of the matter to which it relates. BY: Pe-x� t �d4~ Applicant's Signature 4D-1-y Lst,`:�� Applicant's Name (Typed) %JVad(,c—r? Applicant's Title Subscribed and sworn to before me this day of month in the year of 20 r'` by )! 1d L� D L ��W�1�Q� who is personally known to me _. _ or prod ced identification Type of Identification Produced c AIA.r Mary Pub ic's S W n ' Nus OVIS11_01: — yr Print, Type or Stamp Commissioned Name 'If applicant is a corporation, the affidavit must be made by the president or other officer authorized by the by-laws of the corporation to act for it. If applicant is a partnership or association, a member of the organization authorized to make such affidavit shall execute same. A 4 TABLE OF CONTENTS EXHIBITS Exhibit Name A Need for Service B Consistency with Local Comprehensive Plan C Customers, Facility and Services D Number of ERCs to be Served -Water E Land Ownership for Water Facilities F Number of ERCs to be Served -Wastewater G Use of Reuse H Land Ownership for Wastewater Facilities I Financial and Technical Ability J Detailed Financial Statement K Funding of Utility L Projected Cost of the System M Operating Expenses N Projected Capital Structure 0 Cost of Service Study P Territory Description 0 Tax Assessment Maps R System Maps S Affidavit: Notice of Application T Affidavit: Notice to Customers U Affidavit: Notice of Publication V Water Tariff and Wastewater Tariff t A EXHIBIT A Bluefield Utilities, LLC (Bluefield) proposes to provide potable and non -potable water and wastewater services to bulk exempt, bulk non-exempt, intensified agribusiness, residential and general service customers from the service territory described in this application within Martin and St. Lucie Counties. Bluefield's affiliate, Evans Properties, Inc., (Evans) owns all of the land inside the service boundaries of the Utility. In addition to existing houses, shops and offices that have a need for central service, Evans has plans for utilizing utility services for a variety of ventures. A copy of a request for service letter for existing facilities, signed by Mr. J. Emmet Evans III, VP of Evans Properties to Mr. Ron Edwards, Manager of Bluefield Utilities, LLC, as well as a copy of a more general request for service, signed by Mr. Ron Edwards, President of Evans, to the Florida Public Service Commission is provided in Appendix 1. The existing properties mentioned in Mr. Evans' request for service will be given service as phasing allows. Bluefield plans to expand its utility in phases to coincide with the need for utility service for Evans property. The most immediate need for water and wastewater services for Evans is the existing residential and commercial properties, exempt and non-exempt bulk water, intensified agribusiness and the first phase of development. The requirement for utility services is planned to be completed in six phases. The first phase will occur in two areas of St. Lucie County and one area of Martin County.: Please refer to the phased development map in Appendix I. The map labels each section of land with an ID number. Phase I will encompass ID numbers 1, 2 and 16. a Bluefield is proposing to establish a single water and wastewater utility system for botf Martin and St. Lucie Counties. The Utility's facilities in both counties will be functionalIK related and operationally integrated. Bluefield's system will be managed from a single centrally -located office. Personnel responsible for management, maintenance, customer service and administrative support will be the same for both counties: Staffing, planning, and budgeting will be done on a system -wide basis rather than on a county -by -county basis. Moreover, operating costs will not vary materially from county to county and rates will be uniform throughout Bluefield's proposed service area. There is currently no central potable water or wastewater service in the service territory described in this application. No other utilities are within the area proposed to be served, and none are capable of providing the necessary level of service in the area. Since Bluefield's affiliate currently owns all of the land within the proposed service area, they will be in the best position to provide water and wastewater service in the most efficient and cost-effective manner. X EXHIBIT B Bluefield Utilities, LLC (Utility) will be operating in both Martin and St. Lucie Counties. Therefore, the discussion of consistency with the Comprehensive Growth Management Plans (Comprehensive Plan) will be addressed for each County separately. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan- of Martin County. Chapter 2, Section 2.2.1-11 and Section 2.2.1 of the Comprehensive Plan discusses the provision of needed wastewater and potable water facilities in a timely, cost efficient manner, which protects the public health. It is the Utility's understanding that Martin County would ultimately like to provide all potable water and wastewater service to unincorporated areas of the County and would like utilities to connect to County facilities when they become available. If and when utility service becomes available and it is financially feasible to connect, Bluefieid will evaluate an interconnection to County facilities. The proposed territory has a land use element designation of agriculture (AGR). Section 4.4.M, paragraph 1.a discusses the allowed land use density of the AGR land use element. The allowed density is one dwelling unit per twenty acre tract of land. The conceptual plan of utility services set forth in this application is consistent with the foregoing density. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of St. Lucie County. It is the Utility's understanding that St. Lucie County would ultimately like to provide all potable water and wastewater service to unincorporated areas of the County and would like utilities to connect to County facilities when they become available. If and when utility service becomes available and it is financially feasible to connect, Bluefield will evaluate an interconnection to County facilities. The proposed territory has a land use element designation of agriculture (AG-5). Page 1-25 of the Comprehensive Plan discusses the allowed land use density of the AG-5 land use element. The allowed density is one dwelling unit per five -acre tract of land. The conceptual plan of utility services set forth in this application is consistent with the foregoing density. The pertinent sections from the referenced Comprehensive Plans are included in Appendix III. r EXHIBIT C Bluefield plans to provide potable and non -potable water and wastewater service to exempt and non-exempt bulk customers, various existing structures including maintenance shops and several houses, intensified agribusiness, and new development throughout the proposed service territory which traverses the boundaries between Martin and St. Lucie Counties. The water will be chlorinated and will meet all Florida Department of Environmental Protection (FDEP) requirements for public drinking water. In Martin County, Phase I utility services are planned that can serve the equivalent of developing the approximately 365 acres with an allowed density of 1 dwelling unit per 20 acres or approximately 18 ERCs. Potable water service will be provided by modifying existing wells. Wastewater service will be provided by the use of a low- pressure wastewater treatment system, utility grinder pumps, and a 5,000 gallon septic tank. In St. Lucie County, Phase I will consist of utility services that are planned to serve the equivalent of developing 2 parcels of land. One parcel is approximately 2,273 acres and the other is approximately 331 acres. The approved density of those parcels is 1 dwelling unit per 5 acres. Although the 2,273 acre parcel could serve up to 454 ERCs based on the approved density, utility services are being designed to serve approximately 201 ERCs on the 2,273 acre parcel with any utility services needed on the west side of the property. The 331 acre parcel has utility services designed to provide service to 60 ERCs. Of the 201 ERCs on the 2,273 acre parcel, 20 will be on septic tanks while the remaining 181 will be served by two 25,000 gallon per day (gpd) wastewater package treatment plants utilizing Extended Aeration (EA)/Modified Ludzack-Ettinger (MLE) treatment for nitrogen removal. The 60 ERCs on the 331 acre parcel will be served by two 10,000 gpd wastewater package treatment plants utilizing EANLE treatment. There will be several interconnected sites throughout the proposed service area once all phases are developed to insure efficient water service. The Utility's system will be managed from one centrally located office. Personnel responsible for the management, maintenance, customer service, and administrative support will be the same the Utility's operation in both counties. Staffing, planning, and '^ budgeting will be done on a system -wide basis, rather than county -by -county. Operation costs will not vary materially from county to county and rates will be uniform throughout the Utility's service area. Physical interconnections will occur that traverse county lines during Phase II and III. EXHIBIT D Measurement of utility service need is typically stated as an equivalent residential connection (ERC). Exhibit D describes the number of ERCs proposed to be served by meter size and customer class, by utility service development phase for the water system. The utility service development in the proposed service area is planned to be in 6 phases. Exhibit D also discusses the types of customers anticipated, type of water treatment, the proposed facilities, and the capacity of the facilities in ERCs and gallons per day (gpd). ERCs and Projected Annual Demand The Utility proposes to provide potable and non -potable water and wastewater service to exempt and non-exempt bulk customers, various existing structures including maintenance shops and several houses, intensified agribusiness, and new development. It is anticipated that all customers other than bulk will be served by a 5/8" x 3/4"meter. The need for Phase I utility services are anticipated to occur from 2010 to 2016, with 80% capacity reached in 2015. For this filing, 2015 will be the Test Year. The future phases will begin upon the completion of Phase I. It is anticipated that Phase I will have approximately 5 general service ERCs to service existing shops and offices. Phases II through VI have not been conceptually designed at this time and; therefore, the ERCs and gallons per day shown are for the maximum allowable by future land use element density. a Table D-'I Meter Size, Maximum Number of Meters, and Demand Per Utility Service Demand Phase Maximum # Maximum # Gallons Phase Meter Size of Meters of ERCs Per Day Total Gallons 1 5/8" 279 279 350 97,650 II 5/8" 734 734 350 256,900 III 5/8" 924 924 350 323,400 IV 5/8" 299 299 350 104,650 V 5/8" 11 11 350 3,850 VI 5/8" 12. 12 350 4,200 Total 2,259 2,259 790,650 It is anticipated that these ERCs will connect equally throughout each of the years of the phase. Given this assumption, Table D-2 below presents, for Phase I, the annual ERCs, average ERCs, and end of year ERCs as well as the anticipated annual gallonage (based on average ERCs) for Years 1 through 7 (Year 6 is the Test Year). Table D-2 Annual ERCs, Average ERCs, and Annual Flow Projections Potable Water Supply Year 1 Year 2 _ Year 3 Year 4_ Year 5 Year 6 Year 7 Annual ERCs 15 25 37 50 50 75 27 Average ERCs 8 28 59 102 152 215 266 Total ERCs 15 40 77 127 177 252 279 Flow (1,000 Gallons}, 1/ 2,240 7,840 16,520 28,560 42,560 60,200 74,480 l/ Based on average ERCs utilizing 350 gallons per day and active 80% of the lime throughout the year. Type of Treatment and Capacity of Facilities The potable water facilities will provide chlorination via a hypochlorinator for disinfection purposes. For Phase I there are 5 proposed water facilities that will serve approximately 279 ERCs across the service territory. These facilities will vary in size from 3" to 12" with a total system capacity of 97,650 gallons per day to serve the 279 planned ERCs. Appendix III contains schematics and conceptual layout of utility facilities for each of the 3 areas in Phase I. There is 1 area in Martin County and 2 1 areas in St. Lucie County in Phase I. Appendix 1 contains a proposed service territory map with the phases marked by ID numbers. IN 1, 2 and 16 are part of Phase I. Figures D-1A, D-2A, D-3A, D-113, D-2B and D-36 in Appendix III are the water treatment plant conceptual schematic and conceptual water distribution system layout including plant sites for ID 1, 2 and 16 respectively. The water treatment process denoted in each is standard utilizing 50 gallon day tanks with 500 gallon hypodhlorite bulk storage and hydro tanks. EXHIBIT E Bluefield will not own any of the land where the Utility's facilities will be located. Instead, the Utility will lease the land from the Landowner, Evans Properties, Inc. Attached hereto as Appendix IV, is a copy of the proposed lease agreement, which provides for the use of the land owned by the Utility's related party, Evans Properties, Inc., and from whom the Utility will lease the property. EXHIBIT F Measurement of utility service need is typically stated as an equivalent residential connection (ERC). Exhibit F describes the number of ERCs proposed to be served by meter size and customer class, by utility service development phase for the wastewater system. The utility service development in the proposed service area is planned to be in 6 phases. Exhibit F also discusses the types of customers anticipated, type of wastewater treatment, the proposed facilities, and the capacity of the facilities in ERCs and gallons per day (gpd). ERCs and Proiected Annual Demand The Utility proposes to provide potable and non -potable water and wastewater service to exempt and non-exempt bulk customers, various existing structures including maitenance shops and several houses, intensified agribusiness, and new development throughout the proposed service territory which transverses the boundaries between Martin and St. Lucie Counties. All customers will be served by a 5/8" x 3/4" water meter from which wastewater consumption will be billed. Central wastewater service will not be provided to the existing structures. The existing structures will continue to use on -site septic systems. Utility service needs for Phase I are anticipated to occur from 2010 to 2016, with 80% capacity reached in 2015. For this Filing, 2015 will be the Test Year. The future phases will begin upon the completion of Phase I, It is anticipated that Phase I will be a mixture of intensified agribusiness, residential and general service customers. Phases II through VI have not been conceptually designed at this time and therefore the ERCs and gallons per day shown are for the maximum allowable by future land use element density. Table F-1 Meter Size, Maximum Number of Meters, and Demand Per Development Phase Maximum # Maximum # Gallons Total Treated Phase Meter Size of Meters of ERCs Per Day Gallons 1 5/8" 259 259 270 69,930 I I ' 5/8" 734 734 270 198,180 III 5/8" 924 924 270 294,480 IV 5/8" 299 299 270 80,730 V 5/8" 11 11 270 2,970 VI 5/8" 12 12 270 3,240 Total 2,239 2,239 604,530 �- It is anticipated that these ERCs will connect equally throughout each of the years of the phase. Given this assumption, Table F-2 below presents, for Phase 1, the annual ERCs, average ERCs, and end of year ERCs as well as the anticipated annual gallonage (based on average ERCs) for Years 1 through 7 (Year 6. is the Test Year). Table F-2 Annual ERCs, Average ERCs, and Annual Flow Projections Wastewater System Year 1 Year 2 Year 3 Year 4 Year_5 Year 6 Year 7 r27 Annual ERCs 0 25 32 50 50 75 Average ERCs 0 13 41 82 132 195 246 Total ERCs 0 25 57 107 157 232 259 Flow 1,000 GallonsL 1/ 0 2,808 8,856 17,712 28,512 42,120 53,136 f/Actual flows based on average ERCs utilizing 270 gallons per day and active 80%of the time throughout the year. Billable flow will be higher as it will be based on melered water flows. Type of Treatment and Capacity of Facilities 1 ^- There will be three separate wastewater treatment plants (WWTPs). The Martin County portion of the Utility will utilize a low-pressure wastewater treatment system pumping into a 5,000 gallon septic tank with the accompanying drain -field. For St. Lucie County, the 2 remaining WWTPs will be pre-engineered secondary wastewater treatment plants utilizing extended aeration with an MLE process. For land parcel designated with the ID 1, included in Appendix I, the intent is to have two (2) 10,000 gpd plants. The first plant to be installed at the end of Year 1 and the second plant will be installed at the end of Year 2. For land parcel designated with the ID 2, included in Appendix 1, the intent is to have two (2) 25,000 gpd plants. The first plant to be installed at the beginning of Year 4 and the second plant will be installed at the beginning of Year 6. The 19 water ERCs either existing or coming online in the first 3 years will use on -site septic systems. For Phase I, the aforementioned WWTPs will serve approximately 259 equivalent residential connections (ERCs) across the service territory. These facilities will have a total system capacity of 69,930 gallons per day to serve the 259 planned wastewater ERCs. Appendix V contains schematics and conceptual layout of utility facilities for each of the 3 areas in Phase I. There is 1 area in Martin County and 2 areas in St. Lucie County in Phase 1. As described above, Appendix I contains a proposed service territory map with the phases marked by ID numbers. IDs 1, 2 and 16 are part of Phase I. Figures F-1 A, F-2A, F-3A, F-1 B, F-2B and F-313 in Appendix V are the wastewater treatment plant conceptual schematic and conceptual wastewater collection system layout including plant sites for ID 1, 2 and 16 respectively. ID 1 schematics denote a 10,000 gpd pre-engineered plant utilizing an EA/MLE process, ID 2 schematics denote a 25,000 gpd pre-engineered plant utilizing an EAWLE process and ID 16 schematics denote a low-pressure wastewater treatment system utilizing a 5,000 gallon septic tank. EXHIBIT G Bluefield is proposing to not use reuse as a means of effluent disposal during Phase 1. The provision of reuse would not be financially feasible for Phase I customers. Reuse disposal will be considered for future Phases. t EXHIBIT H Bluefield will not own any of the land where the Utility's facilities will be located. Instead, the Utility will lease the land from the Landowner, Evans Properties, Inc. Attached hereto as Appendix VI, is a copy of the proposed lease agreement, which provides for the use of the land owned by the Utility's related party, Evans Properties, Inc., and from whom the Utility will lease the property. 0 EXHIBIT I Exhibit I is a statement regarding the financial and technical ability of the Applicant to provide reasonably sufficient and efficient service. Bluefield Utilities, LLC ("Utility System") is a wholly owned subsidiary of Evans Utilities Company, Inc. ("Utility"), a Florida corporation. Evans Utilities Company, Inc. is a wholly -owned subsidiary of Evans Properties, Inc. (Evans). Evans is a privately held corporation and has been doing significant business in Florida for over 50 years. Financial Ability of Bluefield Utilities LLC , The Utility's financial ability to operate is summarized on the proforma financial analysis attached as Appendix VIII, Schedules 4, 7, 16, and 19, Inter -company is the only debt of this corporation. Sixty percent (60%) is anticipated debt and forty percent (40%) is anticipated infusion of cash and/or assets from an affiliate, Evans. A copy of the Funding Agreement between the Utility and Evan whereby Evans agrees to provide the Utility with the funding necessary to build and operate the Utility System is contained in Appendix VII. In lieu of an Annual Report, Evans has made provisions to meet with the Florida. Public Service Commission staff and will provide all necessary confidential financial information at that point. Technical Ability of Bluefield Utilties LLC The related landowner,. Evans, owns all of the land and has overseen all of the water resources within the proposed service territory. Evans has vast experience in water management through its agricultural oversight and has been -a leader in water conservation measures and innovative resource management techniques for use of non -potable water. Evans has won awards and recognition for their environmental stewardship. A news release dated November 20, 2000 from the Florida Department of Agriculture and Consumer Services highlights some of the innovations of Evans with regards to their agricultural efforts. "Precision Agriculture" allows Evans to have more information about their land and uses than ever before thus allowing them to make the best decisions possible regarding their agricultural business. Choosing the best possible root stock, precision application of pesticides, use of reservoirs, microjets and drip irrigation to conserve water all help Evans achieve environmental stewardship. Metering pump stations and the use of tensionmeters and surface wells to indicat(p the water levels in the groves allows Evans to water the appropriate amount which in turn helps conserve water. In recognition of Evans' environmental stewardship, Florida Farm Bureau CARES program honored Evans at the Indian River Citrus Seminar held on March 10, 2009 for their outstanding efforts in implementing Best Management Practices. CARES stands for County Alliance for Responsible Environmental Stewardship. The CARES program works in conjunction with University of Florida/IFAS and the Florida Department of Agriculture and Consumer Services. Evans will contract the day-to-day operations of the Utility System to a qualified company. GAI Consultants, Inc. (GAI) will provide regulatory and technical expertise necessary to comply with all local, state and federal rules and to construct and maintain the Utility's water and wastewater system. Dean Mead will provide legal advice related to utility operations. Additional qualified consultants will be retained as necessary to insure the successful operation of the Utility. Appendix VII also includes information on the Utility's consultant, GAI Consultants, Inc. and Dean Mead, the Utility's attorneys. EXHIBIT J Bluefield has not yet begun operation and thus does not have a detailed balance sheet, a statement of financial condition, or an operating statement. However, Appendix Vlll, Schedules 4, 7, 16, and 19 include information concerning all of the assets of Bluefield : to be utilized in the provision of potable and non -potable water and wastewater service and the operation and maintenance expenses anticipated to be incurred in such operation. These lists of assets and O&M expenses are prepared in accordance with the provisions of Rule 25-30.115, Florida Administrative Code and comply with the requirements of Rule 25-30.032 (1) (r) and (s). EXHIBIT K As described in Exhibit 1, the Utility's affiliate -- Evans Properties, Inc. (Evans) is the entity that has agreed to provide funding the Utility as and when needed to insure that all needs for capital improvement are met in a timely manner and to insure the provision of safe and efficient potable water and wastewater treatment systems in the future within the proposed service territory. The Funding Agreement Evans entered into with the Utility is found in Appendix VII. A EXHIBIT L Appendix Vill, Schedules 4, 11, 16, and 23 show the projected cost of the proposed water and wastewater systems by uniform system of accounts (USDA) account numbers pursuant to Rule 25-30.115, F.A.C. In addition, the capacity of the system in Equivalent Residential Connections is provided. EXHIBIT M Appendix Vlll, Schedules 7 and 19 shows the projected typical operating expenses of the proposed water and wastewater systems by USOA account numbers when approximately 80% of the design capacity of the system is being utilized. EXHIBIT N Appendix Vill, Schedules 8 and 20 show the projected capital structure, including the methods of financing construction and operation of the Utility until the Utility reaches approximately 80% of the design capacity of the water and wastewater systems. Please note that this schedule presents the anticipated capital structure at the end of Year 6, the Test Year. II i EXHIBIT O Exhibit O includes the cost study, which supports the proposed rates, miscellaneous service charges, customer deposits, and service availability charges. The cost of service for potable water service and wastewater service including revenue requirements and rate design was developed using Florida Public Service Commission Standards. The cost study is included in Appendix VIII. EXHIBIT P Exhibit P provides the territory descriptions, using township, range and section references as specified in Rule 25-30.030(2), F.A.C. The water and wastewater service territories are the same, DESCRIPTION ID Parcel 1 Section 1 Township 36 South, Range 38 East & Section 6 Township 36 South Range 39 East, St Lucie County That part of the NE 1/4 of Section 1, Township 36 South, Range 38 East, LESS the North 48 feet; AND that part of the NW 1/4 of Section 6, Township 36 South Range 39 East, LESS the following described land; Begin at the intersection of the North right of way line of State Rd 70 (Okeechobee Road) and the West right of way line of County Road 609A' thence North 250,19 feet; thence S 650 W, 208.71 feet; thence South, 250.19 feet ; thence N 650 E 208.71 feet to the point of beginning. TOGETHER WITH That part of the West 1/2 of Section 1, Township 36 South, Range 38 East, Less the canal right of way, All land lying North of State Rd 70 (Okeechobee Rd) and it's associated widening to date in St Lucie County. DESCRIPTION ID Parcel 2,8 &15 Section 2-4.9-15, 23-26 & 36 Township 37 South Range 37 East, & Section 35 Township 36 South, Range 37 East St Lucie County Section 2 LESS the North 125 feet AND all of Section 3 less the North 125 feet AND that portion of Section 4 & 9, lying East of the following described line; Commence at the South line of the North 100 feet of said Section 4 run West 3500 feet to the point of beginning; thence S 280 E, 1550 feet; thence S 140E, 950 feet; thence S 200 E, 1700 feet; thence S 230 E, 600 feet; thence S 200 E, 550 feet; thence S 300 E, 2550 feet; thence S 210 E 400 feet to the East line of said Section 9 all lying in Township 37 South, Range 37 East in St Lucie County Florida . TOGETHER WITH portions of Sections 10,11,12,13,14,15,23,24,25,26 and 36 all lying in Township 37 South, Range 37 East in St Lucie County Florida, more particularly described as follows; Begin at the Northwest corner of Section 10 and run South 2170 feet; thence S 21 ° E 800 feet; thence N 730 42'00" E along said South line, 1646.50 _ feet; thence S 300 44' 17" E a total distance of 24,491 feet to the South line of Section 36, thence East along said South line for 110 feet to a line 140 feet West of the East line of said Sections 36, 25, 24 and 13; thence along said parallel line North 3 miles to the South line of Section 12; thence East along said South line 5 feet to a line parallel with and 135 feet West of the East line of said Section 12; thence North 1 mile to the Ntrrth line of Section 12, thence West along said North line Section 12, 11 & 10 for 3 miles to the point of beginning. TOGETHER WITH the W 3/4 of the S 1/2 of Section 35, Township 36 South, Range 37 East in St Lucie County, Florida. DESCRIPTION ID Parcel 3 Section 14 Township 36 South Range 38 East, St Lucie County The S/W 1/4 of Section 14, Township 36 South, Range 38 East in St Lucie County less canal right of way, the North 47 feet and the West 50 feet thereof and ALSO a portion of the SE 1/4 of said Section 14 more particularly described as follows. Begin at the intersection of the South line of the North, 47 feet thereof; thence N 89039' 37" E, 15 feet; thence S 020 22' 10" E 2486.71 feet; thence N 890 57' 14' W. 85 feet; thence N 000 45' 24" W along the East line of the SW 1/4, for 2484.78 feet to the point of beginning.. DESCRIPTION ID Parcel 4 & 10 Section 25 Township 36 South Range 38 East, St Lucie County The East 1/2 of the NE 1/4 and the South 1/2 of Section 25 Township 35 South Range 38 East in St Lucie County LESS the road and canal rights of way, DESCRIPTION ID Parcel 5,14 & 18 Section 2-5 & Section 9-10 Township 36 South Range 38 East St Lucie County The West 3/4 and that part of the Northeast 1/4 of the SE 1/4 of Sections 2 LESS canal right of way, AND that part of Sections 3 & 4, LESS road and canal rights of way AND the E 1/2 and NW 1/4 of Section 5, less road and canal rights of way, AND that part of Section 9, the NW 1/4 of Section 10, all lying North of SR 70 (Okeechobee Rd) and the associated widening all in Township 36 South Range 38 East in St Lucie County Florida DESCRIPTION ID Parcel 6 Section 22 and 27 Townshlo 36 South Range 38 East St Lucie County The East 1/2 of Section 22 LESS and all of Section 27 Township 36 South, Range 38 East in St Lucie County Florida LESS 100'x 100' in the Southwest corner of the Section. DESCRIPTION ID Parcel 7, 12, 16, 19, 20 Section 6-7 and 18 Township 38 South Range 38 East, Section 1.12-13 Township 38 South Range 37 East, Martin Countv All of Section 6, LESS the canal right of way, all of Section 7 y AND that portion of the North 1/2 of Section 18 more particularly described as follows; Begin at the Northeast comer of the Section; thence South 2640 feet to the South line of the N 1/2; thence West, along said South line 2100 fee; thence North 208 feet; thence West 205.64 feet; thence North 540.58 feet; thence South 738.55 feet to the aforementioned South line; thence West 2535 feet to the West line of the Section,; thence North 2640 feet to the North line of the Section, thence East, along said North line 5280 feet to the point of Beginning, all being in Township 38 South Range 38 East in Martin County Florida AND that portion of the East 1/2 and the NW 1/4 of Section 1 that lies South of the Florida East Coast Railway, the East 1/2 of Section 12 and the NE 1/4 Section 13, all in Township 38 South Range 37 East In Martin County Florida. DESCRIPTION ID Parcel 9 Section 24 Township 35 South Range 38 East, St Lucie County The W 1/2 of the SE 1/4 of Section 24 Township 35 South Range 38 East in St Lucie County LESS the East 25 feet, the West 51 feet and the South 25 feet thereof. DESCRIPTION ID Parcel 11 Section 13 Township 36 South Range 38 East, St Lucie County The SW 1/4 of Section 13, Township 36 South, Range 38 East in St Lucie County LESS the canal rights of way. DESCRIPTION ID Parcel 13 Section 23 Township 35 South Range 38 East, St Lucie County Section 23 Township 35 South, Range 38.East in St Lucie County Florida LESS road and canal rights of way. DESCRIPTION ID Parcel 17 Section 5-8 Township 36 South Range 38 East St Lucie County That part of Section 5, LESS canal & road right of way AND that Part of Section 6, AND the North 112 of Section 7, Less the South 50 feet and LESS the road right of way TOGETHER WITH that part of Section 8 that lies North and West of Summerlin Road all in Township 36 Range 38 East, lying South of SR 70 (Okeechobee RD) and its associated widening in St Lucie County Florida EXHIBIT Q Attached hereto as Appendix IX is a copy of a map showing section, township and range references with the proposed service territory plotted thereon. This series of 13 maps (Maps 01 — 013) utilizes a scale of 1" = 400 feet as proposed under Subsection (n) of Rule 25-30.033, F.A.C. In addition, attached is a map (Map Q) utilizing a much smaller scale (1" = 6,000 feet), which is more readily usable for the Commission in evaluating this Application. I� r EXHIBIT R Attached as Appendix IX are water and wastewater system maps showing proposed water and wastewater lines and facilities. These maps are larger versions of the conceptual plan maps provided in response to Exhibits D and F. Figures 13-1 B, D-26 and D-3B represent the conceptual water system design for land areas designated IDs 1 and 2 in St. Lucie County and ID 16 in Martin County. Figures F-16, F-213 and F-3B represent the conceptual wastewater system design for land areas designated IN 1 and 2 in St. Lucie County and ID 16 in Martin County. d` EXHIBIT S Exhibit S will be a late -filed exhibit consisting of an affidavit that the Notice of Actual Application ("Nofice") was given in accordance with Sections 367.045(1)(a), Florida Statutes, and Rule 25-30.030, Florida Administrative Code, by regular mail to the following: 1. The governing body of the municipality, county, or counties in which the system or the territory proposed to be served is located; 2. The privately -owned water and wastewater utilities that hold a certificate granted by the Public Service Commission and that are located within the county in which the utility or territory proposed to be served is located; 3. If any portion of the proposed territory is within one mile of a county boundary, the utility shall notice the privately owned utilities located in the bordering counties and holding a certificated granted by the Commission; 4. The regional planning council; 5. The Office of Public Counsel; 6. The Public Service Commission's Director of the Division of the Commission Clerk and Administrative Services; 7. The appropriate regional office of the Department of Environmental Protection; and 8. The appropriate water management district. Copies of the Notice and a list of entities identified by the Florida Public Service Commission staff to receive notice are appended to the draft affidavit, which is attached hereto. Legend {_ s31 AG a., t a Proposed Certificate Limit Buildout Condition: Buildout Condition: ' 121 DU 15 DU 1 -- Midway Water Main Evans Properties _. Phase 1 (2,968 AC) ( H e 81 AC 13 . Buildout Condition: Phase 2 (3,489 AC) x 15 DU 8125 AC Phase 3 (4,828 AC) Buildout Condition: s ya 09 753 AC Phase 4 (1,459 AC) 155 DU Buildout Condition: KOM Phase 5 (215 AC) 141 DU 308 AC 331 AC fi34 AC Buildout Condition: Buildout Condition: r Phase 6 (242 AC) Buildout Condition: 59 DU 60 DU 126 OU 0 County Fair Ground a 0Port St. Lucie Planning Service Area State Road City of —County Road .: ` Port St Lucie Utility Service Areas c 586 AC City Limits Buildout Condition: County Fair,; s 113 DU 0Ground L. ,County Limit R�TjH ST. • F.. , R1 ER WATE-'R TR©LIDIST' i# N. St. Lucie Water District Section, Township, Range e -- Railroad 1.273 AC ®' Buildout Condition: 454 DU M - # �y !F 1,420 AC Buildout Condition _ 282 DU i € i--. -_ - y Ci( of PortSl. Lucie 2,952 AC �c'y „�3 •1. 1 a`4'. s m Buildout Condition' _ 585 DU '* ST �UCIE :,��1 key v h .e, utrCondition: a r - ;it 3fi4 AC 59 DU 329 AC z Buildout Co. Buildout Condition 16 DU 16 DU h Aga 215 AC242 AC Buildout Condition: Buildout Condition 12 DU 111 11 Du 6V aE 0 5,000 10.000 Feet ]� Y ' DEVELOPMENT PHASES -FINAL ai consultants FIGURE t (a) BLUEFIELD UTILITIES kf EVANS PROPERTIES, INC. (PO #676380) 301 E. Pine St, Suite 1020, Orlando, FL 32801 P 407,423.8398, F 407.843.1070 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Grove Land Utilities, LLC Docket No. 090445-WS to operate a Water and Wastewater Utility in Indian River County, Okeechobee and St. Lucie Counties, Florida OBJECTION OF ST. LUCIE COUNTY, FLORIDA TO APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES St. Lucie County, Florida, by and through its undersigned attorney, files the following objection to the Application by Grove Land Utilities, LLC ("Grove Land"), for Original Certificates for Proposed Water and Wastewater System and Request for Initial Rates and Charges ("Application"), and states the following: 1. The St. Lucie County Commission established the St. Lucie County Water and Sewer District on June 15, 2004 ("District"), pursuant to Chapter 153, Florida Statutes, Part II. The St. Lucie County Commission sits as the governing board of the District. The jurisdictional boundaries of the District comprise "the contiguous unincorporated areas of the County" not within the utility service areas of the Fort Pierce Utility Authority or the City of Port St. Lucie ("District Boundary"). Within the District Boundary, the District has the exclusive right to provide water and wastewater utility service. Pursuant to Chapter 153, Part II, Florida Statutes, no water or wastewater facilities may be constructed without the prior consent of the District. 2. The Territory Description set forth in Exhibit P of the Application includes property located in unincorporated St. Lucie County ("St. Lucie County Territory"). The St. Lucie County Territory falls within the District Boundary. The owners of the property within the St. Lucie County Territory have not requested the District to provide water and sewer service nor notified the District of any need for water and sewer services. Nor has Grove Land submitted a request to the District for consent to provide water and sewer service within the District Boundary. The St. Lucie County Commission, sitting as the governing board of the District has not consented to Grove Land providing water and sewer service within the District Boundary. Accordingly, Grove Land has failed to meet the statutory prerequisite in Chapter 153, Part II, to obtain consent of the District, and cannot include the St. Lucie County Territory in its Application with the Commission. 3. The District currently has a 20-Year Water Consumptive Use Permit issued by the South Florida Water Management District on March 13, 2008, ("CUP) to serve the 20-year potable water needs of the current and future customers within the District Boundary. The CUP 5:\A7TY\5UIT5\Grove Land-Objectionmpd -1- y includes an allocation of water for future water service to the St. Lucie County Territory and surrounding territory. Pursuant to the District's adopted Utility Extension Policy, the property owners within the St. Lucie County Territory'may obtain water and wastewater utility service from the District in accordance with the terms of the Utility Extension Policy. Accordingly, there is no need for water and wastewater utility service to the St. Lucie County Territory by Grove Land. 4. Pursuant to the St. Lucie County Comprehensive Plan, Chapter 6(A) Sanitary Sewer Sub -Element and Chapter 6(D) Potable Water Sub -Element, Objective 6A.1.1 and Goal 60.1, public utilities cannot be provided in a manner that promote sprawl and leapfrog development. As the St. Lucie County Territory is for removed from existing development and is rural/agricultural in nature, granting Grove Land's Application will violate these Comprehensive Plan requirements by promoting sprawl and leapfrog development. Accordingly, the Grove Land Application should be denied as inconsistent with and not in conformity with the goals, policies and objectives of the County Comprehensive Plan. No applications for land use changes have been submitted. The County has initiated a comprehensive Western Lands Study in which the issue of development of western land including the provision of utility services will be addressed. Based on the foregoing, St. Lucie County objects to the Grove Land Application and requests the Commission deny the Application to the extent of removing the St. Lucie County Territory from consideration by the Commission. Daniel'S. McInty County Attorn Florida Bar No. 287571 2300 Virginia Avenue Fort Pierce, Florida 34982 Telephone: (772) 462-1420 Fax No.: (772) 462-1440 I hereby certify that on the 7 day of October 2009, this Objection was filed with the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 323099-0850 and mailed to Grove Land Utilities, LLC, 660 Beachland Boulevard, Suite 301, Vero Beach, Florida 32963. 5AAM\SUIT5\&rove Land-Objectionxpd -2- BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Bluefield Utilities, LLC Docket No. 090459-WS to operate a Water and Wastewater Utility in Martin and St. Lucie Counties, Florida AMENDMENT TO OBJECTION OF ST. LUCIE COUNTY, FLORIDA TO APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES St. Lucie County, Florida, by and through its undersigned attorney, hereby amends its Objection to the Application by Bluefield Utilities, LLC ("Bluefield"), for Original Certificates for Proposed Water and Wastewater System and Request for Initial Rates and Charges ("Application"), as follows: 1. Paragraph 2 is hereby amended to read. 2. The Territory Description set forth in Exhibit P of the Application includes property located in unincorporated St. Lucie County ("St. Lucie County Territory"). The St. Lucie County Territory falls within the District Boundary. The owners of the property within the St. Lucie County Territory have not requested the District to provide water and sewer service nor notified the District of any need for water and sewer services. Nor has Bluefield submitted a request to the District for consent to provide water and sewer service within the District Boundary. The St. Lucie County Commission, sitting as the governing board of the District, has not consented to Bluefield providing water and sewer service within the District Boundary. Accordingly, Bluefield has failed to meet the statutory prerequisite in Chapter 153, Part II, to obtain consent of the District, and cannot include the St. Lucie County Territory in its Application with the Commission. Daniel S. McIntyle County Attorne Florida Bar No. 287571 2300 Virginia Avenue Fort Pierce, Florida 34982 Telephone: (772) 462-1420 Fax No.: (772) 462-1440 5:\Ar Y\SUITS\Bluefield Utilities -Amendment to Objectionmpd -1- t I hereby certify that on the 7th day of October 2009, this Amendment to Objection was filed with the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 323099-0850 and mailed to Bluefield Utilities, LLC, 660 Beachland Boulevard, Suite 301, Vero Beach, Florida 32963. A Daniel S. McInty e SAATTYMITSMbefield Utilities -Amendment to Objection.wpd -2- r BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Bluefield Utilities, LLC Docket No. 090459-WS to operate a Water and Wastewater Utility in Martin and St. Lucie Counties, Florida OBJECTION OF ST. LUCIE COUNTY, FLORIDA TO APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES St. Lucie County, Florida, by and through its undersigned attorney, files the following objection to the Application by Bluefield Utilities, LLC ("Bluefield"), for Original Certificates for Proposed Water and Wastewater System and Request for Initial Rates and Charges ("Application"), and states the following: 1. The St. Lucie County Commission established the St. Lucie County Water and Sewer District on June 15, 2004 ("District"), pursuant to Chapter 153, Florida Statutes, Part II. The St. Lucie County Commission sits as the governing board of the District. The jurisdictional boundaries of the District comprise "the contiguous unincorporated areas of the County" not within the utility service areas of the Fort Pierce Utility Authority or the City of Port St. Lucie ("District Boundary"). Within the District Boundary, the District has the exclusive right to provide water and wastewater utility service. Pursuant to Chapter 153, Part II, Florida Statutes, no water or wastewater facilities may be constructed without the prior consent of the District. 2. The Territory Description set forth in Exhibit P of the Application includes property located in unincorporated St. Lucie County ("St. Lucie County Territory"). The St. Lucie County Territory falls within the District Boundary. The owners of the property within the St. Lucie County Territory have not requested the District to provide water and sewer service not notif ied the District of any need for water and sewer services. Nor has Bluefield submitted a request to the District for consent to provide water and sewer service within the District Boundary. The St. Lucie County Commission, sitting as the governing board of the District, has not consented to Bluefield providing water and sewer service within the District Boundary. Accordingly, Bluefield has failed to meet the statutory prerequisite in Chapter 153, Part II, to obtain consent of the District, and cannot include the St. Lucie County Territory in its Application with the Commission. 3. The District currently has a 20-Year Water Consumptive Use Permit issued by the South Florida Water Management District ("CUP) to serve the 20-year potable water needs of the current and future customers within the District Boundary. The CUP includes an SAATMSUITSWILiefield Vtilities-Objectionmpd -1- allocation of water for future water service to the St. Lucie County Territory and surrounding territory. Pursuant to the District's adopted Utility Extension Policy, the property owners within the St. Lucie County Territory may obtain water and wastewater utility service from the District in accordance with the terms of the Utility Extension Policy. Accordingly, there is no need for water and wastewater utility service to the St. Lucie County Territory by Bluefield. 4. Pursuant to the St. Lucie county Comprehensive Plan, Chapter 6(A) Sanitary Sewer Sub -Element and Chapter 6(D) Potable Water Sub -Element, Objective 6A.1.1 and Goal 6D.1, public utilities cannot be provided in a manner that promote sprawl and leapfrog development. As the St. Lucie County Territory is far removed from existing development and is rural/agricultural in nature, granting Bluefield's Application will violate these Comprehensive Plan requirements by promoting sprawl and leapfrog development. Accordingly, the Bluefield Application should be denied as inconsistent with and not in conformity with the goals, policies and objectives of the County Comprehensive Plan. No applications for land use changes have been submitted. The County has initiated a comprehensive Western Lands Study in which the issue of development of western land including the provision of utility services will be addressed. Based on the foregoing, St. Lucie County objects to the Bluefied Land Application and requests the Commission deny the Application to the extent of removing the St. Lucie County Territory from consideration by the Commission. A Daniel'S. McIntyr County Attorn ��/ Florida Bar No. Z87571 2300 Virginia Avenue Fort Pierce, Florida 34982 Telephone: (772) 462-1420 Fax No.: (772) 462-1440 I hereby certify that on the I day of October 2009, this Objection was filed with the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 323099-0850 and mailed to Bluefield Utilities, LLC, 660 Beachland Boulevard, Suite 301, Vero Beach, Florida 32gk3. ^ 5:\ATTY\SUITS\8luefie{d Utilities-Objectionxpd -2- 0 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better place to call home' CHARLIE CRIST THOMAS 0. PELHAM January 7, 2010 ReCeIVGd By Ms. Patti Daniel JAN 121010 Public Utilities Supervisor Bureau of Certification, Bconomics & Tarifrx Growth Management Public Services Commission 2540 Shumard Oak Boulevard Ta shasaee,-Florida 32399-0850 RE: PSC Docket No. 090445-WS, Application for Original Certificates for Proposed Water and Wastewater System in Indian River, Okeechobee, and St. Lucie Counties by Grove Land Utilities, LLC Dear Ms. Daniel: The Department completed its review of the Grove Land Utilities, LLC application to the Public Service Commission for original certificates for a proposed water and wastewater system in Indian River, Okeechobee, and St. Lucie Counties. The service boundaries of the proposed utility includes 5,628 acres in northeast Okeechobee County, 3,823 acres in southwest Indian River County, and 1,757 acm in northwest'St. Lucie County, for a total of 11,208 acres. The service area is comprised of a scattered, disconnected pattern of parcels, ranging from a low of 431 acres for phase 1 in St. Lucie County to a high of 3,232 acres for phase 2 in Okeechobee County. Tin Future Land Use Map (PLUM) designation for all of the property is Agriculture, with a density of 1 unit per 10 acres in Okeechobee and Indian River Counties, and 1 unit per 5 acres in St. Lucie County. The application focuses on the design capacity of the treatment plants and indicates that the utility could serve 1,295 single family homes, which is consistent with the maximum density permitted by the FLUM designation for the properties. The Department identified urban sprawl as an issue of concern. Indian River and St. Lucie Counties utilize an urban service area which is intended to preserve an efficient and compact land use pattern. Okeechobee County utilizes urban FLUM designations which direct the location of urban uses. While central potable water and sewer systems are needed to some the higher densities and intensities of use located within an urban service area, these facilities are intended to serve a low density, rural pattern of devek)pme nt that permits 1,295 single family homes on 5 or 10 acre lots. The existing low density land uses do not justify the need for centralized water and sewer facilities and the location of these facilities will encourage premature' urbanization of the rural area, thereby undermining the integrity of the urban service area and increasing the potential for sprawl patterns of development. The Grove Land Utilities proposal is therefore an'ineffieient use of infrastructure that would result in a premature 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE. FL 32309.2100 850-400-0486 (p) • 850.921-07111 (t) • Wsbslte: www.dca.ststa.tl.us • C01MLMM7M.A1MiM 00406- 70•(•) 080490=00) • ROMMCO1N01M1!/ OM. 80HU42071p) 0504M-1741M • 0 MOMO MIDCCrYIN I V ORVEWPO ff 5504• ON (p) 45Q-M4M P) • .It Ms. Patti DWel January 7, 2010 Page 2 conversion of agricultural land The pertinent goals, objectives, and policies (GOPs) from each local government's comprehensive plans are discussed below. The GOPs were reviewed to evaluate the Gmve Land Utilities application for consistency with these comprehensive plans. Future Land Use Element (FLUE) Objective Lt notes that the Future Land Use designations are intended to "encourage an efficient pattern of development and discourage sprawl." Several GOPs emphasize that urban uses are intended to. be located within FLUM categones. diet support. urban uses and' that centaur the inkadni tore needed to accommodate sach:developinent (sMe #LtM Q jective W and :FLUE Me"LiA, L1.2, LLO, M.11, L2.1, L7.1, surd. L1Q,1� t�LU1� Policy L1.10 notes that, thb Agriculture FLUIK designation protects agrictiltt*d land,' ideirtifies land that is not needed' to serve projected. gcowtb, has minimal road ac e; lies nii public sewer awi►ater eerhiM and is intendal16 be held -in reser<►e for iiuture needs. FLUE Policy L4:1 emphasizes tvdevelopaueart and renewal. Similarly, FLUE Objective L10 and FLUE Policy L7.4 promote innovative land development techniques to use public facilities in the most efficient manner possible. Infrastructure Policy S2.2 and Capital Improvements Element (CIE) Policy FIA provide criteria for evaluating and prioritizing capital projects. Based on the information in the application, it cannot be determined whether time criteria have been mot. For example, both Policies place first priority on projects needed for public health and safety., then on projects whidr increase efficiency, and Snally onprojects which are logical facility extensions. Also, Objective S3 notes that the County will work with utility providers to increase the availability of public supply potable water and sanitary sewer facilities in urbanized and urbanizing areas of the county. The Capital Impmvcmesuta Element also addresses infrastructure at CIE Goal F, which states that the County will provide public facilities "in a manner which protects investments in existing facilities, maximizes the use of existing facilities, and promotes orderly growth." Indian River County FLUE Objective 1 notes that the County will "have an efficient and compact land use pattern". Several GOP9 emphasize that urban uses are intended to be located within the urban service area, which contains the hilhistructure needed to accommodate such development (sex FLUE Goal 1, FLUE Objectives 1 and 2, as well as FLUE Policies 1.11,1.13, 1.1 S, 2.1, 2.2, and 2.3). FLUE Objective 4 and its policies encourage the concentration of urban uses, thereby discouraging sprawl and encouraging in811 and redevelopment. FLUE Policy 6.1 notes that the County will "...not provide public services or facilities which would induce or encourage the development of agriculturally designated lands except..." for health and safety, agriculture planned developments, and other similar forms of development. r ,> 41 M, Patti Daniel ]anuary 7,2010 Page 3 Sewer Sub -Elements ere esse�allY identical. GOPs in the Potable water and Sanitary Goa11 calls for an efPident potable Therefore, the following citations refer to both elements. tes orderly degradation of existing resAu 4nofce that the we,sewer system that praven� and fieprcdemands* Policy 2. elOpmeat, and meets � to be a public health threat. Policies 5.2 and 5.7 growth and shall provide service to areas establish the cntem for evaluating county �,� Sub-Elatraut) and (Policy 5.9 in the Sanitary the . mbrrr�en, in the application+ it cannot be determined prioritizing capitalpmj� Based an Policy 5.2 in both elements Places Srst whether, these criteria have boon met. For example, projects which increase priority on Projects needed for Public health and safety, thonenon. Similarly. Policies 5.7 and finally on projects which era bgical fscillty policy 6.1 efFiciency,.. location of Facilities• Finally, Y and 5.8 pry evaluatcon criteria reg�dirig� p shall be vatoly owned public water treatment plants or peck lovide notes that pri outside of the Urban Service � when such development allowed in areas of developmentUse Elerncnt for... clustering of residential meets ilia ixibwia of Policies of the Future Land development within agricultual areas." S Lt. ucie CouK-mac Several GOPs cenpiiasiu that urban uses acedinmodate sutended to be locatedch within the urban service area, which contains the infiastrucmre such development (we 1.1.5.9, anted 1.1.1 FLUE Objectives 1.1.1 and 1.1.7, and Policies 11.11, land and Objective 1.1.2 calls for a tside of thcoordinatede urban service boundary promotes �°nd0n of jjjivAm as the primary FLUE Policies 1.1.2.4 and 1.1.2.5 envision the manage of cultural activities" Li'lcewise, "Mrough the orderly delivery of services growth within the agricultural lend use cate8�' concurret with the impacts of developmWe which will occur in "a rational and orderly der". Also, FLUE Policy 1.1.4.1 discourages "We conversion of property in the agricultural to bigha intensity urban uses". FLUE and suburban armObjective 1.1.5 discourages "the "while FLUE Policy 1.1.7.1 eac ourages innovative land use proliferation of urban sprawl , dove P Simi>ati;, FLUE Objective 1.1.12 and FLUE Policy 1.1.12.1 restrict development to urban service areas, where Public facilities are higher densities and intensities of development. public facilities that have available. FLUE Policy 1.1.12.3 establishes criteria for the l&C efficiency of services provided, not been met. Far OuMle, public facilities must maximize minimize their coat, and minimize their impacts on the natural environment. GOPa in the potable Water and Sanitary Sewer Sub-Ele�nents are essentially identical. noted,the citations in the � below refer to both elements. Therefore, unless otherwise shall provide potable water The elements note at Objectives 6A.1.1 and 6D.1 wohcies 6.A.1.1.1 and 6.D.1.1.1 acid sanitary sewer facilities that b notminepromote on the basis of economy and efficient operation emphasize that service areas will be determinal but will not promote leapfrog development. Similarly, Policies 6A.l.l.lb and 6D.l.l .lb indicate i Ms. Patti Daniel January7, 2010 Page 4 that service will be provided to the urban service area in "the most cost effective and efficient" manna. Policies 6A.1.3.2, 6D.1.3.1, and 6D.1.3.2 establish the priority for capital improvements. Finally, Policy 61).1.4.2 in the Sanitary Sewer Sub -Element establishes limits for the use of on -site wastewater treatment systems, but insufficient information is provided in the application to determine if the criteria are met. CmAgaW In conclusion, the Grove band Utilities application would promote urban sprawl. As described below, several observations can be drawn from the above.review of the GOPs. • A land use pattern of one house per either five or ten acres does not support the need for ceatralizedoilities. • AdditioriaJ urfianization is gtcouregod by siting urban inf lstntctu1e in a rural area, thereby undermining the integrity of the urban service area and increasing the potential for sprawl patterns of development. • The installation of a central water and wastewater facility outside of the urban service area defeats the intent of policies that emphasize that urban uses are intended to be located within the urban service area, which contains the infiastruature needed to accommodate such development. • The application is not associated with specific development plans that demonstrate that policies related to the form of development are met to justify centralized water and wwta*atw facilities.. • Creating an 11,209 acre service area in a rural, agriculture area does not establish an efficient potable water and sanitary sewer system that promotes orderly, compact growth and development. Instead, it will promote an urban sprawl pattern of development and the premature conversion of agricultural land. • The application does not demonst<ate whether it meets the criteria for evaluating and prioritizing- capital projects. Applying the criteria outlined in the above goals, objectives, and policies to the Grove Land Utilities application, the proposed creation of a new service area would contribute to urban sprawl type development pursuant to Rule 91-5.006(5)(g), F.A.C., because it "promotes, allows or designates for development substantial areas of the jurisdiction to develop... in excess of demonstrated need", would result in the `premature... conversion of rural land to other uses", will result in a "land use pattern or timing which will disproportionately irmase the cost in time, money and energy, of providing... law enforcement, education, health care, fire and emergency response, and general government", "fails to provide a clear separation between urban and rural uses", "discourages or inhibits in -fill of existing neighborhoods and communities", and "results in the loss of significant amount of finictional open space". Ms. Patti Daniel January 7, 2010 Page 5 The proposed application for the expansion of the water and wastowdw service area .for the Grove Land Utilities did not include any data and analysis to demonstrate that the proposed service area expansion was needed to mod approved developmart. Nor was information Provided to indicate that the anticipated development is needed to meet projected growth damands in the area and that existing development opportunities are unavailable to meet that anticipated growth. In the absence of this data and analysis, the new service area will promote moiiicient urban sprawl pa#a= of development. We very much appreciate the opportunity to comment on this application. If you have any questions or need additional information, pleased call Bill Pablo, AICP, for assistance, at (85.0) 922-1781. S' ly, Mike McDaniel, Chief Office of Comprehensive Planning Q=. cc: Michael Minton, Dean, Mead, Minton & Zwemer Patricia M. Steed, Executive Director, Central Florida Regional planning Council Michsel L Busha, Executive Director, Treasure Coast Regional Planning Council Bill Royce, Director, Okeechobee County Planning Department Bob Kos&& Dircftf, Indian River County Community Development Department Mark 5atterlee, AICP, Director, St. Lucie County Growth Management Department i 9 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home' CHARUE CRIST G0vWW January 7, 2010 Ms. Patti Daniel Public Utilities Supervisor Bureau of Certification, Economics & Tariffs Public Services Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0950 THOMAS O. PELHAM S-nfMy Received By JAN 12 2019 Growth Management _ RE: PSC Docket No. 0904S9-WS; Application for original certificates for proposed water and wastewater system and request for initial rates and charges in Martin and St. Lucia Counties by Bluefield Utilities, LLC. Dear Ms. Daniel: Thank you for the opportunity to review the Bluefield Utilities, LLC application to the Public Service Commission for original certificates for proposed water .anti wastewater system and request for initial rates and charges in Martin and St. Lucie Counties. The service boundaries of the proposed utility include 2,325 awes in Martin County and 12,132 acres in St. Lucie County for a total of 14,457 acres. The service area is comprised of a scattered, disconnected pattern of sub -phases, ranging from a low of g I acres for phase 3 in St. Lucie County to a high of 2,952 awes for phase 2 in St. Lucie County. The Future Land Use Map (FLUM) designation for ell of the property is Agriculture, with a density of 1 unit per 20 acres in Martin County and l unit per 5 acres in St. Lucie County. The application focuses on the design capacity of thetreatmentplants and indicates that the utility could serve 2,259 single family homes. The DePwbmt of Community Aff*3 reviewed the application based on the need for service and consistency with the Comprehensive Plans of Martin and St. Lucie Counties. The Department identified lack of need for service as an issue of concern. The proposed application for original certificates for proposed water and wastewater system and supporting information does not justify the need for the water and wastewater treatment facilities. The application packet included two letters, one from the president and one from the Via President of Evans Properties, Incorporated Both letters requested that Bluefield Utilities be allowed to Provide potable water to properties owned by Evans Properties. In a letter firm J. Emmett Evans, Vice President of Evans Properties, LLC included with application, E Mr . vans identifies three offices, three shops, and a total of 13 employee houses that would benefit from the Proper service. In a letter fiom Ronald Edwards, president of Evans Properties, LLC is a statement "in addition to existing houses, shops and offices, that have a need for central service, 2656 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399.2100 660-466-6466 (p) • 660-921.0761 (f) ♦ Wsbsils: "w.dea.ztate fl 1 • CO11111MIY!•LAG11lq MG AgOpCOtlIN04 M • K0IMA00W9M11MTNW MM-22W(p) sSOY�ti7Q(q • ORYKO*MHIT OW48& B (p) no-W4M M V Ms. Patti Daniel January 7, 2010 Page 2 the need for higher intensity agricultural uses is evident as well as service for future planned development." No development plan is proposed and no land use changes have been submitted that justifies the need for central water and sewer service. The Department identified urban sprawl as an issue of concern. Martin and St. Lucie Counties utilize an Urban Service District/Ana, which is intended to preserve an efficient and compact land use pattern. We central potable water and sewer systems are needed to serve the higher densities and intensities of use located within an urban service area, these facilities are intended to serve a low density, rural pattern of development that permits 2,259 single family homes on 5 or 20 acre lots. The existing low density land uses do not juv* the need for centralized water and sewer facilities and.die location of these facilities.will encourage premature urbanization of the n#W area, thereby undermining the integrity of the urban service area and increasing the potentialfor sprawl patters. of development The Bluefield Utilities proposal is therefore an inefficient use ofinfiesiructure that would result in a premature conversion of agricultural land. The pertinent goals, objectives, and policies (GGPs) from each local government's comprehensive plans are discussed below. The GOP$ were reviewed to evaluate the Bluefield Utilities application for consistency with the Martin and St. Lucie Counties comprehensive plans. Martin County The Martin County Comprehensive Plan Future Land Use Element includes Section 4.4.0 to "encourage urban development in urban service areas"; Policy 4.4.0. l.c. "to limit development of a use or intensity that requires public services to be permitted only within the Primary Urban Services District'; Policy 4.4.0.1.d. "to discourage individual utilities and to Prohibit package treatment plants outside the Primary and Secondary Urban Service Districts"; Policy 4.4.0. Li. "limits the provision of public services outside the Primary and Secondary Urban Service Districts to improvements that are necessary to remedy an existing deficiency"• Policy 4.4.0.2.h.(6) "prohu'bits properties lying outside either the Primary or Secondary Urban Service Districts from receiving utility service from a 4.5:0. "prohibits areas outside the regional wastewater system"; Section Primary and Secondary. Urban Services Districts from connecting to ether a regional utility or an interim water system"; 'Section 4.41 "restricts the expansion of urban public facilities and services to the urban service districts designated within the Plan in order to Preserve agricultural lands and provide farmers with the maximum from urban encroachment". and Policy 4.6.E.2 promotion expansion of urban services to arm adjacent to urban cocorresa��tural lands by restricting the Tine Martin County Comprehensive Plan Sanitary Sewer Services Element includes Policy 10.4.A. I �j. that "prohibits package uwdff eft plants outside the Primary and Secondary Urban Service Districts". The Martin County Comprehensive Plan Potable Water Element includes Section 11.5.3.a. that "establishes criteria for the extension of public facilities that discourage urban sprawl by limiting the expansion of public utilities to only the areas identified Ms. Patti Daniel January.7, 2010 Page 3 in the Future Land Use Element of the Comprehensive plan ; the Martin County Comprehensive Plan Drainage and Natural Groundwater Aquifer Recharge Element includes Section 13.4.6.a. "that establishes criteria for the extension of public facilities that discourage urban sprawl by limiting the expansion of public utilities to only the areas identified in the Future Land Use Element of the Comprehensive Plan". St. Lucie County The St. Lucie County Comprehensive Plan Future Land Use Element includes Objective 1.1.2 that calls for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promotes mention of agricultural activities; Policies 1.1.2.4 and 1.1.2.5 envision the mmuagenent of growth within the agricultural land use category "through the orderly delivery of services concurrent with the impacts of development" which will occur in "a rational and orderly.manner"; Policy 1.1.4.1 discourages "the conversion of property in the agricultural and suburban areas to higher intensity urban uses"; Objective 1.1.5 discourages "the proliferation of urban sprawl"; while Policy 1.1.7.1 "encourages innovative land use development patterns"; Objective 1.1.12 and Policy 1.1.12.1 restrict higher densities and intensities of development to urban service areas, where public facilities are available; and Policy 1.1.12.3 establishes criteria for the -location of public facilities that have not been met. For example, public facilities must maximize the efficiency of services provided, minimize their cost, and minimize their impacts on the natural environment. The St. Lucie County Comprehensive Potable Water and Sanitary Sewer Sub.Elements are essentially identical. 7berefore, unless otherwise noted, the citations in this paragraph refer to both elements. The elements note at Objectives 6A.1.1 and 6D.1.1 that the County shall Provide potable water and sanitary sewer facilities that do not promote urban sprawl. Policies 6A.1.1.1 and 6D.1.1.1 emphasize that service areas will be determined on the basis of economy and efficient operation but will not promote leapfrog development; Similarly, Policies 6A.1.1.1b and 6D.1.1.1 b indicate that service will be provided to the urban service area in "the most cost effective and efficient" manner. Policies 6A.1.3.2, 6D.1.3.1, and 6D.-1.3.2 establish the priority for capital improvements. Finally, Policy 6D.1.4.2 in the Sanitary Sewer Sub -Element establishes limits for the use of on -site wastewater treatment systems, but insufficient information is provided in the application to determine if the criteria are met. , Conclusion In conclusion, the Bluefield Utilities application would promote urban sprawl. As described below, several observations can be drawn from the above review of the GOPs. • A land use pattern of one house per either five or twenty acres does not support the reed for centralized facilities. Ms. Patti Daniel January 7, 2010 Page 4 • Additional urbanization is encouraged by siting urban infra uctatr ure in a rural area, thereby undermining the integrity of the urban service area and increasing the potential for sprawl patterns of development. • The installation of a central water and wastewater facility outside of the urban service area defeats the intent of policies that emphasize that urban uses are intended to be located within the urban service area, which contains the infrastructure needed to accommodate such development. ■ The application is not associated with specific development plans that demonstrate that Policies related to the form of development are met to justify centralized water and wastewater facilities. • Creating an-.1-4,457 acre service area in a rural, agriculture area does not establish an efficient potable water and sanitary sewer system that promotes orderly, compact growth and development. Instead, it will promote as urban sprawl pattern of development and the premature conversion of gdmlbral land. ■ The application does not demonstrate whether it meets the criteria for evaluating and prioritizing capital projects. Applying the criteria outlined in the above goals, objectives, and policies to the Bluefield Utilities application, the proposed creation of a new service area would contribute to urban sprawl type development pursuant to Rule 9J-5.006(5xg), F.A.C., because it "promotes, allows or designates.: for development substantial areas of the jurisdiction to develop... in excess of demonstrated `need", would result in the ,*wntum... conversion of rural land to other uses", will result in a lead use pattern or timing which will disproportionately increase the cost in time, may and energy, of providing ... law enforcement, education, health care, fire and emergency response, and general government", "fails to provide a clear separation between urban and Waal uses", "discourages or inhibits in -fill of existing neighborhoods and communities", and ` Mults in the loss of significant amount of functional open space". The proposed applic OdOn for the expansion of the water and wastewater service area for the Bluefield Utilities did not include any data and analysis to demonstrate that the proposed service area expansion was needed to meet approved development. Nor was information providedto indicate that the anticipated development is needed to meet projected growth demands in the area and that existing development opportunities are unavailable to meet that anticipated growth. In the absence of this data and analysis, the new service area will promote inefficient.urban sprawl patterns of development. 'A Ms. Patti Daniel Jamiary 7, 2010 Page 5 We very much appreciate the opportunity to comment on this application. If you have any questions or need additional information, Pleased call Laura Regalado, Community Planner, for assWmx;e, at (950) 922-3762. Sincerely, Mike McDaniel, Chief Officx of Comprehensive Planning cc: Michael Minton, Dean, Meted, Minton dt Zwemer Michael J. Bnsha, Executive Director, Treasure Coast Regional Planning Council Nicki van Vonno, AICP, Growth Manege ent Director, Martin County Mark Satterlee, AICP, Director, St. Lucie County Growth Management Department C Dan!W Mdntvw low From: Lee Dobbins ILDobbinsodeannitead.corn) To seft Daniel Wednesft, February 02, 20119:14 AM : McIntyre Cc: Michael Minton; Ron Edwards Subject: Bluefield and Groveland Utilities Attachowme Agreement - St. Lucie County (1701 22132-4).DOC Dan, As discussed, attached is a draft Agreement between St Lucie County, Bluefield Utilities and Grove Land Utilities. Please give me your thoughts after you have had a chance to review it. DEAN W. LAe Dobbins Attorney at Law MEAD I-DobbinsOdeanmead.com Dean, Mead, Minton & Zwemer 1903 South 25th Street, Suite 20D Fort Pierce, I'lodda 34947 772-464-7700, 772-562-7700, Fax 772-464-7677 www.deanrnead.com I— Orlando I Fort Pierce I Vlera I Gainesville 1. tr..' (.1 1'".. I'l-liviotral to ill if i5 Anil imy f Poo. ll !, 'ilt: thl'. —lillij I it,. ; xw I, - t1l t, wtv, id�n! 1 vol ipwrit. ?ou arc- her of. I dilltnItill I j,n, rr ,op.yinq of I I w% ell M. 11-1, :1: o-w- il ;I rif!!, ps: If V-s lui.t rer.-ived Its v, i:*oinnitinit cit. pr I- thy; mlim I, de-Moiw ally !taiA colvt,< :hc r-1 al'-1 rol I v i it. so by tol it plionc. I hank yt,'tj. REGULATORY DISCLAIMER, Alt., it q,i it il n, Hilted Sill Ti;.-v;wv fiequlatc.rts, plf-aie Ir awme that this communa: t; ol 111", hic- senotill to I'fe loss.iff, duct it iis: it iA N, uSt.,.d. by iorlic' I LL 111,1011 1 t,.r the ic ol.aprijol (if( V. avoidn19 pasta It ill that it b-1 it St. Il v,lit-r-il I ,x I l tr plitim-mew, nia; 1,li-tinil -1 rt-Lon it tiviirfin-4 to another p.irty willo, plijit ll Think Green! Please consider our environment before printing this e-mail. FEB 0 30 AGREEMENT BETWEEN BLUEFIELD UTILITIES, LLC GROVE LAND UTILITIES, LLC AND ST. LUCIE COUNTY, FLORIDA THIS AGREEMENT is made and entered into this ,_ day of . 2011, by and between the St. Lucie County Board of County Commissioners (hereinafter referred to as the "County"), Bluefield Utilities, LLC, a Florida limited liability company (hereinafter referred to as "Bluefield") and Grove Land Utilities, LLC, a Florida limited liability company (hereinafter referred to as "Grove Land") (each a "Party" and collectively the "Parties"). RECITATIONS WHEREAS, Bluefield and Grove Land are both subsidiaries of Evans Utilities Company, Inc. (collectively referred to as the "Utility"), which is a subsidiary of Evans Properties, Inc. WHEREAS, Evans Properties, Inc. ("Evans") is a family owned company that currently predominately grows citrus on its properties. WHEREAS, following the lead of other progressive, diversified agricultural businesses in Florida, Evans has undertaken to form and certificate utilities for a number of its properties across the state. WHEREAS, due to the negative economic impact of diseases such as canker and citrus greening and the poor market conditions for citrus, Evans is undertaking these steps in order to diversify its business activities and position itself to take advantage of potential opportunities to meet water and wastewater needs. WHEREAS, such opportunities may include (a) supplying water for bio-fuel production, which requires large quantities of water and close proximity to crop -lands, (b) bulk -water sales to municipalities or other large water users, (c) providing water and wastewater service for future agricultural, industrial or residential development, or (d) fees for environmental services, such as water retention or cleansing facilities to meet coming water quality standards. Water retention and storage capacity could be provided under contract to one or more governmental entities or credits could be sold to agri-business or other users that are required to have retention and storage capacity. WHEREAS, the granting of a certificate to provide water or wastewater service in a territory does not imply that the certificate is issued for any specific class of service, and it is common for the Florida Public Service Commission ("FPSC') to grant an original water certificate and approve rates for services which may be in demand at a future time. WHEREAS, by having a certificated utility, Evans will be better positioned to enter into contracts with bulk users, governmental entities, and other utilities, and will be able to obtain F0122132v4 more favorable financing for constructing infrastructure improvements, to provide water and wastewater services as and when needed. WHEREAS, on or about September 11, 2009, Grove Land filed an application before the Florida Public Service Commission ("FPSC") for the certification of a public utility with territory in St. Lucie County, Indian River County and Okeechobee County, PSC Docket No. 090445-WS (the "Grove Land Application"). WHEREAS, on or about September 25, 2009, Bluefield filed an application before the FPSC for the certification of a public utility with territory in St. Lucie County and Martin County, PSC Docket No. 090459-WS (the "Bluefield Application"). WHEREAS, on or about October 7, 2009, the County filed an objection to the Bluefield Application with the FPSC and on or about October 15, 2009, the County filed an objection to the Grove Land Application with the FPSC, raising certain concerns as set forth therein. WHEREAS, the Parties hereto desire to enter into this Agreement to address the County's concerns with respect to the foregoing Applications. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, representations, and warranties entered into between the Parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Right of First Refusal: Exhthit "A", attached hereto and made a part hereof, identifies certain parcels of real property (identified therein as the "Designated Parcels") which lie within the territory which Bluefield is seeking to have certificated by the FPSC, pursuant to the Bluefield Application. The Utility hereby agrees that, in the event that any part of the Designated Parcels ever receives applicable governmental approvals allowing residential development of such property at a higher density than would currently be allowed on such property by the County Land Development Code, the County Utility Department shall have the right to provide potable water and/or wastewater service to such residential development, in accordance with the terms and conditions of this paragraph. However, should Evans Properties, Inc., a subsidiary or a related entity ("Evans Properties") apply to the County Utility Department for potable water and/or wastewater service for any such property and the County refuses to provide such service, or notifies Evans Properties that the County is unable to provide such service, upon reasonable terns and at a reasonable cost, then the Utility shall have the right to serve such residential development. For purposes of this Agreement, the County failing to affirmatively agree in writing to provide such service upon reasonable terms and at a reasonable cost within 90 days after written request for service, or failure to provide such service within six (6) months after agreeing to do so, shall constitute refusal to provide service. As used herein, the term "reasonable cost" shall mean a total cost (including the cost of any infrastructure the County may require to be built as a condition of service) not exceeding the County's then standard utility impact fees, ERC reservation charges and connection fees (as set forth in the County's then current approved rate schedule) required to connect such residential development to the County's utility system. The Utility hereby reserves the right to provide utility service to the Designated Parcels for any purpose other than residential development at a higher density than would currently be allowed by the County Land Development Code. If the County �j W 10wy*, 12" AL%zW Gt u/� F0122132v4 w I ; ch tnm/na ("LA-Aua i0,u, (,cmtl�� �vll�c � exercises its right to provide utility service with respect to any portion of the Designated Parcels (such portion of the Designated Parcels shall be referred to as the "Excluded Parcel') as set forth in this paragraph, then the County will purchase from the Utility at "fair value" any existing utility improvements made by the Utility already serving the Excluded Parcel. As used herein, "fair value" shall mean: (a) an amount mutually agreed to by the parties; or (b) a value established by a qualified appraiser or appraisers selected by the parties, as provided herein. If the parties cannot agree upon an appraiser► then each party shall select a qualified appraiser, who WWI then each prepare an appraisal. If the values determined by those appraisals are within five percent (5'/0) of the higher appraisal amount, then the fair value shall be the average of the two appraisals. If the difference is greater than five percent (5%), then the two qualified appraisers shall name a third qualified appraiser, who shall determine which of the two appraisals more accurately represents fair value, and that appraisal shall constitute fair value. If two appraisers are engaged, each party shall bear the cost of its own appraiser. If a third appraiser is engaged, then the parties shall equally share the cost of the third appraiser. The foregoing notwithstanding, under no circumstances shall fair value be less than the cost to the Utility for design, permitting and constriction of the utility improvements (taking into account due allowance for depreciation), or the indebtedness of the Utility directly attributable to the such utility improvements, whichever is greater. For purposes of this Agreement, the term "qualified appraiser" shall mean an ASA certified public utility appraiser. 2. Withdrawal of County Objection: Promptly upon the execution of this Agreement, the County agrees to file with the FPSC a withdrawal of its objections to the Bluefield Application and the Grove Land Application, together with a copy of this Agreement to be included as a part and condition of the FPSC approval of the certificates requested by the Applications. 3. Consolidation of Applications: In the event that Bluefield and Grove Land request that the FPSC consolidate the Bluefield Application and the Grove Land Application, so that all of the properties identified in the Bluefield Application and the Grove Land Application will be certificated as a single territory of Grove Land, and the Bluefield Application is withdrawn, then the County shall make no objection to the FPSC with respect to such consolidation and withdrawal. 4. FPSC Approval: In the event that the FPSC denies the certification of the Designated Parcels as a part of either the Bluefield Utility or the Grove Land Utility, then this Agreement shall be null and void and have no further force or effect. 5. Notices: The Parties designate the following persons to be contacted and to receive all notices regarding this Agreement: If to St. Lucie County, such notice shall be addressed to St. Lucie County at: St. Lucie County Administration Office 2300 Virginia Avenue Fort Pierce, Florida 34952 F0122132v4 Attention: County Administrator With a copy to: St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, Florida 34952 Attention: County Attorney If to Bluefield, such notice shall be addressed to the Utility at: Bluefield Utilities, LLC 660 Beachland Boulevard Vero Beach, FL 32963 Attention: Ron Edwards With a copy to: Dean, Mead, Minton & Zwemer 1903 South 25 h Street, Suite 200 Fort Pierce, FL 34947 Attention: Michael D. Minton Any Notice or other document required or allowed to be given pursuant to this Agreement shall be in writing and shall be delivered personally, or by overnight courier, or sent by Certified Mail, Postage Prepaid, Return Receipt Requested. The use of electronic communication is not considered as providing proper notice pursuant to this Agreement. 6. i ent: This Agreement shall be binding upon, and inure to the benefit of, the County's, Bluefield's and Grove Land's successors and assigns. 7. Beneficiaries: This Agreement is solely for the benefit of the County, Bluefield and Grove Land and no other causes of action shall accrue upon or by reason hereof to or for the benefit of any other party, who or which is not a Party to this Agreement. 8. Amendment: This Agreement cannot be modified or amended except by a written instrument executed by all Parties and supported by valid consideration. 9. Aonlicable Law and Venue: This Agreement will be interpreted in accordance with the laws of the State of Florida. Venue for any action related to, arising out of, or in any way connected to this Agreement shall be in the state and federal courts located in and for St. Lucie County, Florida and nowhere else, and the Parties agree to submit to the jurisdiction of such courts. 10. Entire Agreement and Effective Date: This Agreement constitutes the entire agreement and understanding between the Parties with regard to the content herein and has been entered into voluntarily and with independent advice and legal counsel and has been executed by 4 F0122132v4 authorized representatives of each Party on the date written above. This Agreement shall become effective (the "Effective Date") when the last party to this Agreement executes the Agreement. There are no representations, warranties or covenants of any nature, oral or written, which are not included herein. 11. Severability: If any provision or part of a provision of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall, to the extent possible to ensure that the Agreement satisfies the intent of the Parties, remain valid and enforceable by any Party. 12. Construction of Ate: If any provision of this Agreement requires judicial interpretation, the Parties agree that they have each collectively participated in the negotiation and drafting of this Agreement and that there shall be no judicial or other presumption against either Party regarding the construction of this Agreement. 13. Time is of the Essence: Time is of the essence with respect to each provision of this Agreement. 14. Interpretation: Words used in this Agreement in the singular shall be held to include the plural and vice versa, and words of one gender shall be held to include other genders as the context requires. The terms hereof, herein, and herewith and words of similar import shall be construed to refer to this Agreement in its entirety and not to any particular provision unless otherwise stated. 15. Counterparts: This Agreement may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all Purposes and all such counterparts shall, collectively, constitute one agreement, but, in making Proof of this Agreement, it shall not be necessary to produce or account for more of such counterparts than are required to show that each party hereto executed at least one such counterpart. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date set forth above. ATTEST: By: Deputy Clerk 5 FOt22132v4 BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA By: Chris Craft, Chairman Approved as to form and legal sufficiency: Daniel S. McIntyre, County Attorney BLUEFIELD UTILITIES, LLC, a Florida limited liability company By: Print Name: Its: GROVE LAND UTILITIES, LLC, a Florida limited liability company By: Print Name: Its: 6 F0122132v+ ir .AGREEMENT BETWEEN BLUEFIELD UTILITIES, LLC GROVE LAND UTILITIES, LLC AND ST. LUCIE COUNTY, FLORIDA THIS AGREEMENT is made and entered into this _ day of , 2011, by and between the St. Lucie County Board of County Commissioners (hereinafter referred to as the "County"), Bluefield Utilities, LLC, a Florida limited liability company (hereinafter referred to as `Bluefield") and Grove Land Utilities, LLC, a Florida limited liability company (hereinafter referred to as "Grove Land") (each a "Party" and collectively the "Parties"). RECITATIONS WHEREAS, Bluefield and Grove Land are both subsidiaries of Evans Utilities Company, Inc. (collectively referred to as the "Utility"), which is a subsidiary of Evans Properties, Inc. WHEREAS, Evans Properties, Inc. ("Evans") is a family owned company that currently predominately grows citrus on its properties. WHEREAS, following the lead of other progressive, diversified agricultural businesses in Florida, Evans has undertaken to form and certificate utilities for a number of its properties across the state. WHEREAS, due to the negative economic impact of diseases such as canker and citrus greening and the poor market conditions for citrus, Evans is undertaking these steps in order to diversify its business activities and position itself to take advantage of potential opportunities to meet water and wastewater needs. WHEREAS, such opportunities may include (a) supplying water for bio-fuel production, which requires large quantities of water and close proximity to crop -lands, (b) bulk -water sales to municipalities or other large water users, (c) providing water and wastewater service for future agricultural, industrial or residential development, or (d) fees for environmental services, such as water retention or cleansing facilities to meet coming water quality standards. Water retention and storage capacity could be provided under contract to one or more governmental entities or credits could be sold to agri-business or other users that are required to have retention and storage capacity. WHEREAS, the granting of a certificate to provide water or wastewater service in a territory does not imply that the certificate is issued for any specific class of service, and it is common for the Florida Public Service Commission ("FPSC") to grant an original water certificate and approve rates for services which may be in demand at a future time. WHEREAS, by having a certificated utility, Evans will be better positioned to enter into contracts with bulk users, governmental entities, and other utilities, and will be able to obtain F0122132v4 more favorable financing for constructing infrastructure improvements, to provide water and wastewater services as and when needed. WHEREAS, on or about September 11, 2009, Grove Land filed an application before the Florida Public Service Commission ("FPSC") for the certification of a public utility with territory in St. Lucie County, Indian River County and Okeechobee County, PSC Docket No. 090445-WS (the "Grove Land Application"). WHEREAS, on or about September 25, 2009, Bluefield filed an application before the FPSC for the certification of a public utility with territory in St. Lucie County and Martin County, PSC Docket No. 090459-WS (the "Bluefield Application"). WHEREAS, on or about October 7, 2009, the County filed an objection to the Bluefield Application with the FPSC and on or about October 15, 2009, the County filed an objection to the Grove Land Application with the FPSC, raising certain concerns as set forth therein. WHEREAS, the Parties hereto desire to enter into this Agreement to address the County's concerns with respect to the foregoing Applications. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, representations, and warranties entered into between the Parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Right of First Refusal: Exhibit "A", attached hereto and made a part hereof, identifies certain parcels of real property (identified therein as the "Designated Parcels") which lie within the territory which Bluefield is seeking to have certificated by the FPSC, pursuant to the Bluefield Application. The Utility hereby agrees that, in the event that any part of the Designated Parcels ever receives applicable governmental approvals allowing residential development of such property at a higher density than would currently be allowed on such property by the County Land Development Code, the County Utility Department shall have the right to provide potable water and/or wastewater service to such residential development, in accordance with the terms and conditions of this paragraph. However, should Evans Properties, Inc., a subsidiary or a related entity ("Evans Properties") apply to the County Utility Department for potable water and/or wastewater service for any such property and the County refuses to provide such service, or notifies Evans Properties that the County is unable to provide such service, upon reasonable terms and at a reasonable cost, then the Utility shall have the right to serve such residential development. For purposes of this Agreement, the County failing to affirmatively agree in writing to provide such service upon reasonable terms and at a reasonable cost within 90 days after written request for service, or failure to provide such service within six (6) months after agreeing to do so, shall constitute refusal to provide service. As used herein, the tern "reasonable cost" shall mean a total cost (including the cost of any infrastructure the County may require to be built as a condition of service) not exceeding the County's then standard utility impact fees, ERC reservation charges and connection fees (as set forth in the County's then current approved rate schedule) required to connect such residential development to the County's utility system. The Utility hereby reserves the right to provide utility service to the Designated Parcels for any purpose other than residential development at a higher density than would currently be allowed by the County Land Development Code. If the County 2 F0122132W exercises its right to provide utility service with respect to any portion of the Designated Parcels (such portion of the Designated Parcels shall be referred to as the "Excluded Parcel") as set forth in this paragraph, then the County will purchase from the Utility at "fair value any existing utility improvements made by the Utility already serving the Excluded Parcel. As used herein, "fair value" shall mean: (a) an amount mutually agreed to by the parties; or (b) a value established by a qualified appraiser or appraisers selected by the parties, as provided herein. If the parties cannot agree upon an appraiser, then each party shall select a qualified appraiser, who shall then each prepare an appraisal. If the values determined by those appraisals are within five percent (5%) of the higher appraisal amount, then the fair value shall be the average of the two appraisals. If the difference is greater than five percent (5%), then the two qualified appraisers shall name a third qualified appraiser, who shall determine which of the two appraisals more accurately represents fair value, and that appraisal shall constitute fair value. If two appraisers are engaged, each party shall bear the cost of its own appraiser. If a third appraiser is engaged, then the parties shall equally share the cost of the third appraiser. The foregoing notwithstanding, under no circumstances shall fair value be less than the cost to the Utility for design, permitting and construction of the utility improvements (taking into account due allowance for depreciation), or the indebtedness of the Utility directly attributable to the such utility improvements, whichever is greater. For purposes of this Agreement, the term "qualified appraiser" shall mean an ASA certified public utility appraiser. 2. Withdrawal of County Objection:. Promptly upon the execution of this Agreement, the County agrees to file with the FPSC a withdrawal of its objections to the Bluefield Application and the Grove Land Application, together with a copy of this Agreement to be included as a part and condition of the FPSC approval of the certificates requested by the Applications. 3. _Consolidation of Applications: In the event that Bluefield and Grove Land request that the FPSC consolidate the Bluefield Application and the Grove Land Application, so that all of the properties identified in the Bluefield Application and the Grove Land Application will be certificated as a single territory of Grove Land, and the Bluefield Application is withdrawn, then the County shall make no objection to the FPSC with respect to such consolidation and withdrawal. 4. FPSC Approval: In the event that the FPSC denies the certification of the Designated Parcels as a part of either the Bluefield Utility or the Grove Land Utility, then this Agreement shall be null and void and have no further force or effect. 5. Notices: The Parties designate the following persons to be contacted and to receive all notices regarding this Agreement: If to St. Lucie County, such notice shall be addressed to St. Lucie County at: St. Lucie County Administration Office 2300 Virginia Avenue Fort Pierce, Florida 34952 3 i-oi 22 t 32Ya Attention: County Administrator With a copy to: St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, Florida 34952 Attention: County Attorney If to Bluefield, such notice shall be addressed to the Utility at: Bluefield Utilities, LLC 660 Beachland Boulevard Vero Beach, FL 32963 Attention: Ron Edwards With a copy to: Dean, Mead, Minton & Zwemer 1903 South 25'h Street, Suite 200 Fort Pierce, FL 34947 Attention: Michael D. Minton Any Notice or other document required or allowed to be given pursuant to this Agreement shall be in writing and shall be delivered personally, or by overnight courier, or sent by Certified Mail, Postage Prepaid, Return Receipt Requested. The use of electronic communication is not considered as providing proper notice pursuant to this Agreement. 6. Assignment: This Agreement shall be binding upon, and inure to the benefit of, the County's, Bluefield's and Grove Land's successors and assigns. 7. Beneficiaries: This Agreement is solely for the benefit of the County, Bluefield and Grove Land and no other causes of action shall accrue upon or by reason hereof to or for the benefit of any other party, who or which is not a Party to this Agreement. 8. Amendment: This Agreement cannot be modified or amended except by a written instrument executed by all Parties and supported by valid consideration. 9. Applicable Law and Venue: This Agreement will be interpreted in accordance with the laws of the State of Florida. Venue for any action related to, arising out of, or in any way connected to this Agreement shall be in the state and federal courts located in and for St. Lucie County, Florida and nowhere else, and the Parties agree to submit to the jurisdiction of such courts. 10. Entire Agreement and Effective Date: This Agreement constitutes the entire agreement and understanding between the Parties with regard to the content herein and has been entered into voluntarily and with independent advice and legal counsel and has been executed by 4 F0122132v4 :40 authorized representatives of each Party on the date written above. This Agreement shall become effective (the "Effective Date") when the last party to this Agreement executes the Agreement. There are no representations, warranties or covenants of any nature, oral or written, which are not included herein. 11. Severability: If any provision or part of a provision of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall, to the extent possible to ensure that the Agreement satisfies the intent of the Parties, remain valid and enforceable by any Party. 12. Construction of Agreement: If any provision of this Agreement requires judicial interpretation, the Parties agree that they have each collectively participated in the negotiation and drafting of this Agreement and that there shall be no judicial or other presumption against either Party regarding the construction of this Agreement. 13. Time is of the Essence: Time is of the essence with respect to each provision of this Agreement. 14. Interpretation: Words used in this Agreement in the singular shall be held to include the plural and vice versa, and words of one gender shall be held to include other genders as the context requires. The terms hereof, herein, and herewith and words of similar import shall be construed to refer to this Agreement in its entirety and not to any particular provision unless otherwise stated. 15. Counterparts: This Agreement may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall, collectively, constitute one agreement, but, in making proof of this Agreement, it shall not be necessary to produce or account for more of such counterparts than are required to show that each party hereto executed at least one such counterpart. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date set forth above. ATTEST: Deputy Clerk ro1z213zva BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA Chris Craft, Chairman Approved as to form and legal sufficiency: Daniel S. McIntyre, County Attorney BLUEFIELD UTILITIES, LLC, a Florida limited liability company By: Print Name: Its: GROVE LAND UTILITIES, LLC, a Florida limited liability company By: Print Name: Its: 6 F0122132A COUNTY INTER -OFFICE MEMORANDUM ST. W= COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 11-096 DATE: February 7, 2011 SUBJECT: Evans Properties - Public -Private Partnership Apwmsnt Attached for discussion purposes is a draft agreement between the County, the Water A Sewer District and Evans. The draft is intended as an alternative staff proposal to the proposal submitted by Lee Dobbins, Esq. on behalf of Evans Properties. DSM/caf Attachment Copy to: County Administrator Utility Services #""er planning b Development Services Director FEB 0 , .&/1 i &EASE AA071F• 77w execution of this Apv m wt by St. L taie Coanty and the St. Lucie Canty Water and Sever DistWct does not c+a►st hft an q woha/ of any land use, zoning or site plan gpplicaNww. PUBLIC PRIVATE PARTNERSHIP AGREEMENT REGARDING WATER, WASTEWATER AND RECLAIMED WATER DEVELOPMENT By and among EVANS PROPERTIES, INC., ST. LUCIE COUNTY, FLORIDA, and THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT 2011 UX Oroh of Z/ /I I TKS AGREEMENT is entered into as of this day of 2011, by and among Evans Properties, Inc. ("Evans"), a corporation organized under the laws of the State of Florida, St, Lucie County, Florida, a political subdivision of the State of Florida (the `County/'), and the St. Lucie County Water and Sewer District ('District"), a special district of St. Lucie County, Florida (the 'District'"'), as follows: WHEREAS, Grove Land Utilities, LLC C&vve Land"), is a wholly owned subsidiary of Evans Utilities Company, Inc. ('Utility Company", which is a wholly owned subsidiary of Evans; and WHEREAS, Bluefield Utilities, LLC ('Bknfield") is a wholly owned subsidiary of Utility Company, which is a wholly owned subsidiary of Evans, and WHEREAS, On September 11, 2009, Grove Land filed its Application for Original Certificates for Proposed Water and Wastewater Utility Systems and Request for Initial Rates and Charges with the Florida Public Service Commission ('PSC") ('Grove Land Application"); and WHEREAS, On September 25, 2009, Bluefield filed its Application for Original Certi f icates for Proposed Water and Wastewater Utility Systems and Request for Initial Rates and Charges in Martin and St. Lucie Counties with the FPSC CBkxfield Application«) WHEREAS, the FPSC consolidated the Grove Land Application and the Bluefield Application in Docket Number 090459-WS ('PSC DoclwwX and WHEREAS, On October 7, 2009, St. Lucie County filed its objections with the FPSC to the Bluefield Application and the Grove Land Application ('County Objections"), and WHEREAS, County is a political subdivision of the State of Florida, possessing primary jurisdiction over land development issues within unincorporated St. Lucie District. The County has considered, approved, and filed with the Florida Department of Community Affairs Comprehensive Plan Amendments adopted by Ordinance W 10-020 (the *Plan AmwtdmterrW) affecting properties owned by Evans in the unincorporated areas of the County ('Evans Prvpttrrties and WHEREAS, on December 29, 2010, Evans filed a Petition for Formal Administrative Hem•ing with the State of Florida Department of Community Affairs ( bCA') challenging the St Lucie County Comprehensive Plan Amendments adopted by Ordinance W.10-020 (the Man Amendments")curd the Department of Community Affairs proposed finding that such Plan Amendments are in cm Vlknce tender DCA Docket Number 10-IER-NOI-5601-(A)-(I) COCA pocket") (the 'bCA Petition'; and su crorr.f zi Al -1- WHS EAS. District is a special district of the County pursuant to County Ordinance W. 04- 023, which enabling ordinance established the District's water, sewer and reclaimed water utility service area within which Evans Properties are located (`District Service Area"), WHEREAS, following the lead of other progressive, diversified agricultural businesses in Florida, Ewan has undertaken to form and certificate utilities for a n unAw of its properties across the state; WHEREAS, due to the negative economic impact of diseases such as canker and citrus greening and the poor market conditions for citrus, Evans is undertaking these steps in order to diversify its business activities and position itself to take advantage of potential opportunities to meet water and wastewater needs; WHEREAS, such opportunities may include (a) supplying water for bio-fuel production, which requires large quantities of water and close proximity to crop -lands, (b) bunk -water sales to municipalities or other large water users, (c) providing water and wastewater service for future agricultural or industrial development, or (d) fees for environmental services, such as water retention or cleansing facilities to meet coming water quality standards. Water retortion and storage capacity could be provided under contract to one or more governmental entities or credits could be sold to agri-business or other users that are required to have retention and storage capacity. WHEREAS, by entering into this Agreement, Evans will be better positioned to enter, into contracts with bulk users, governmental entities, and other utilities, and will be able to obtain more 11 favorable financing for constructing infrastructure improvements; WHEREAS, the County believes it in the best interests of the public and the environment to encourage the environmentally friendly opportunities sought by Evans which present an opportunity for job growth in the County in favored industries while preserving the rural character of the western parts of the County: and WHEREAS, Evans, on behalf of itself and the Utility Company, Grove Land and Bluefield, and the County and the District desire to amicably resolve the County Ob jectionns and the DCA Challenge by entering into this Agreement; SLC a.tr of zi Al -2- NOW, THEPAFM for and in consideration of the premises, and reliance on the mutual promises, covenants, undertakings, recitals and other matters herein contained, the parties hereto covenant and agree as follows: The above Recitals are true, correct, and incorporated herein by specific reference. �iL. - _ i M • 'Bulk Service Agreement" has the meaning set forth in Article IV, Section 2 below. • "Cost of Construction" shall equal the total cost of Evares investment and unreimbursed expenses in the design, permitting, and construction of the Utility System, including any and all ancillary expenses, reasonable costs of capital, and other costs identified as a Cost of Construction hereunder. • "District" means the St. Lucie County Water and Sewer Utility District, a special district of St. Lucie County, Florida, a political substation of the State of Florida • "District Utility Department" means the administrative operations of the District, changed with the day -today operation of the District's water, wastewater, and reclaimed utility systems. • "District Utility Extension and Service Policies" means the promulgated and adopted n umxual, if any, of the District setting forth uniform policies and procedures for utility construction and/or operation. • "District Utility Director" means that person appointed by the District to lead the District's Utility Deportment. • "Evans" has the meaning set forth in the Recitals. • "Evans Parties" means Evans, Bluefield, Grove Land, Utility Company, and all other Evans controlled entities and affiliates. • "Evans Properties" means the properties as further described on Exhibit 1 to this Agreement and made a part hereof. SLC o, dl of z/ 111 -3- Developers Agreement" Means a standard contract unproved by the District between Evans, and such person or persons or entities that may be constricting homes or commercial properties within the Evans Properties, which agreements shall set forth the terms and conditions under which utility lines are designed, permitted, constructed, and service Made available only within the Evorns Properties. 'Effective Date" moans the date the last of the Parties executes this Agreement. • "Engineer of -Record" means the engineer selected by Evans with primary oversight of the design, permitting, and construction of the Utility Systems. • 'Exemption Amendment" meets the proposed amendment to Section 367.022, Florida Statutes, attached to this Agreement and made a part hereof as Exhibit 2. • 'Exempt Utility Service" means water and sewer service not subject to the provisions of Chapter 367, Florida Statutes, and exempt from regulation by the FPSC pursuant to Section 367.022, Florida Statutes, as amended from time to time. • 'Exempt Utility SysteM(sY means the combination of the assets, facilities, plants, including land, constituting the Exempt Utility Service systems which will be constructed and funded by Evans, which construction may take place in phases, which serve or are intended to be available to serve Exempt Utility Service customers within the Evans Properties. • "Non -Exempt Utility Service" means water and sewer, service subject to the provisions of Chapter 367, Florida Statutes. • 'Parties" means Evans, the County and the District. • "PSC" moons the Florida Public Service Convnission. C..) "Reserved Capacity" means Non -Exempt Utility Service dedicated by the Utility Systems for use by Evans within the Evans Properties. "Utility System(sY' sholl mean the combination of the assets, facilities, plants, including land, constituting the Non -Exempt Utility Service water, wastewater, and reclaimed water Systems which will be constructed and funded by Evans, which construction may take place in phases, which serve or are intended to be available to serve customers within the Evans Properties, and which are subject to transfer pursuant to this Agreement, and any additions thereto in subsequent phases as they are thereafter enlarged, expanded, constructed, SLC OMfr of zi /it -4- reconstructed and relocated from time to time and subsequently transferred to the District. • ' Wheel" or "Wheeling" moons the transmission by the District of non -potable water, potable water, wastewater or reclaimed water from the Utility Systems to any of Evans properties. • 'Wheeling Notice" has the meaning set forth in Article Foam, Section 1 below. 1. Evans agrees: (a) within ten (10)days after the Effective Date, to cause Utility Company and Bluefield to withdraw the Bluefield Application from the PSC. V (b) within ten (10) days after the Effective Date, to cause Utility Company and Grove Land to amend the Grove Land Application to remove the Evans Properties from the Grove Land Application before the PSC. (c) within ten (10) days after the Effective Date, to withdraw the DCA Petition. v (d) during the term of this Agreement, not to file or cause or permit any Evans Parties to file an application for an original certificate for a utility system under Chapter 367, Florida Statute, with the PSC for any property within the boundaries of St. Lucie County, Florida, or for an amended certificate to include any property within the boundaries of St. Lucie County, Florida into the service area of a now existing or future PSC certificated utility, or extend Non -Exempt Utility Service from an existing or future PSC certificated utility to any property within the boundaries of St. Lucie County, Florida. 2. The County shall (a) upon withdrawal of the Bluef ield Application, withdraw its objection to the Bluefield Application, if requested by the PSC. (b) upon amendment of the Grove Land Application to remove the Evans Properties from the Grove Land Application, as approved or accepted by the PSC, withdraw its objection to the Grove Land Application. (c) within ten (10) days after the Effective Date, submit the Exemption Anmxk cat to the St. Lucie County State Legislative Delegation with the recommendation it be adopted by the sic ON, H Z/ ni -51 C l.egislat re; the County further agrees to support the efforts of Evans in promoting the adoption of the Exemption Amendment as reasonably requested. (d) during the term of the Agreement, establish and amend from time to time as requested by the Evans Parties, subject to the requirements of Section 12501(q) and •), Florida Statutes, one or more municipal service benefit units or municipal service taxing units within one, some or all of the Evans Properties for the purpose of financing infrastructure improvements, including but not limited to, all or arty part of Exempt Utility Systems and Utility Systemus. 3. The District shall (a) during the term of the Agreement, consent to the Evans parties' construction of Exempt Utility Service facilities within the District's service area and the Evans Parties' provision of Exempt Utility Services. (b) at the request of the Evans Parties, wheel Non -Exempt Utility Service from the Evans Parties' Utility System to Non -Exempt Utility Service customers on the Evans Properties, in accordance with the Wheeling terns and conditions set forth in Article Four below. The intent of this provision is for the District to act as bulk service customer of the Evan Parties' Non -Exempt Utility Service provider so that the Evans Parties' Non -Exempt Utility Service provider will be deemed an Exempt Utility Service provider and not subject to regulation under Chapter 367, Florida Statutes. 1. The Evans Parties shall notify the District of its intent to provide Non -Exempt Utility Service within some or all of the Evans Properties from time to time pursuant to Article Three Section (3xb) above (a "Wheeling Notice"). The Wheeling Notice shall include a description of (i) the area proposed to be provided Non -Exempt Utility Service, (ii) the proposed customers to be served and their location, (ill) the Utility System(s) that will be used to provide the Non -Exempt Utility Service, (iv) the transmission, distribution, and collection system facilities p to be installed to provide the Non -Exempt Utility Service, (v) the location of COWVservice meters/corrections, (vi) the time from to initiate the Non -Exempt Utility Servi , and (vii) a traditional cost of service study for the Non-Exe dhmpt Utility Service as if apphdna for a PSC certificate. _ - . 2. Upon receipt of a Wheeling Notice, the District shall enter into a bulk service agmement with the Evans Parties in which the District shall receive bulk utility service and redistribute that service to individual customers on the Evans Properties and through which the Evans Parties shall RX DwIr Of zi ice -6- license to the District the use of that portion of the Utility Systems downstream of the bulk service meters/connections through which the District shall provide utility service to individual customers within the Evans Properties (a 'Bulk Service Agreementol The License Agreement shall set forth the rate tariff to be charged by the District to the individual customers, based upon the cost of service study as verified by the District together with a rate of return equal to the mid- point of the range of rates of return established by the PSC as of the date of the Wheeling Notice, plus an administrative fee to recover the District's cost to provide service. The License Agreement shall provide for the District to receive bulk utility service from the Evans Parties and to remit to the Evans Parties the utility rates received from the individual customers, less the District's administrative fee. The Bulk Service Agreement shall contain customary terns and conditions. oUpon agreement of the parties, the Bulk Service Agreement may provide for the Evans Parties to operate the licensed facilities and provide customer service and billing. This Agreement shall be effective upon execution of all panties and shall continue in force for a term of thirty (30) years. The Agreement may be exuded for additional terms of thirty years (30) upon the written consent of the parties prior to expiration of the then current term. This Agreement may only be amended in writing by mutual consent of the parties or their successors in interest. �1 • Neither party shall be in breach or default hereunder, unless within thirty (30) calendar days after receipt of written notice, the party fails to cure any material breach of any obligation wider this Agreement that is set forth in such notice, or if such cure can not reasonably be effected within a thirty (30) day period, the party commences the cure within the thirty (30) day period and diligently pursues the enure to completion. If any such failure continues beyond such cure period, the neon -defaulting party may seek specific performance and/or seek any other remedy available. 11 •J �11J U •.1! �lt_�ll _11.1 SLt Orah o/ Z/ Al -7- 1. The parties hereto stipulate that damages resulting from breach of this Agreement carrot be reasonably ascertained. 2. If a party breaches this Agreement, the other party shall notify the breaching party of such breach by delivering written notice to the broaching party as set forth in this Agreement. Such notice shall identify the breach complained of and request that the breaching party cease and desist from continuing such breach and, if applicable, that the breaching party cure such breach. If, within thirty (30) calendar days after delivery of the written notice, the breaching party fails to acknowledge, cease and desist from continuing the activities alleged to be a breach or, if applicable, fails to cure such breach as provided in Article Seven above, the other party may institute an action to enjoin the breaching party from continuing such breach of this Agreement and shall be entitled to injunctive or other equitable relief without the showing of irreparable harm. The parties hereto stipulate that proof of a breach of this Agreement shall be sufficient for a court of competent jurisdiction to (i) enter an injunction prohibiting the breaching party from continuing such breach of this Agreement, (ii) require a cure of such breach, and (iii) award such other relief as is necessary and consistent to carry out the intent and purpose of this Agreement. In no case shall either party be required to post a bond in order to secure the injunctive or other equitable relief envisioned herein. 3. Each party expressly waives the defenses of an adequate remedy of law to any action brought by another party to enforce, with reasonable notice to the other party, through either specific performance, injunctive relief, or extraordinary writ or resort to any remedy provided by this Agreement, the other porty's obligation under the Agreement. The parties consent to the expedition of any legal proceedings instituted seeking to compel performance as set forth herein. 1. This Agreement shall control the dealings between the parties relative to the subject matter contained herein. Each peaty shall cooperate and assist the other in every reasonable way in carrying out the intention of the parties hereto, including granting of such necessary easements, expediting the review process, granting of construction permits, and such other functions as may from time to time be necessary for the mutual benefit of the parties hereto. 2. The failure of this Agreement to address a particular permit, condition, term or restriction does not relieve either party of the necessity of complying with the law governing those permitting requirements, conditions, terms or restrictions. 3. Any of the parties hereto, or their successors or assigns may file an action for injunctive relief in the Circuit Court of St. Lucie County to enforce the terms of this Agreement. SIX Groh of 2/ n1 -8- F 4 3. This Agreement incorporates and includes all prior negotiations, correspondence, eonverlati0m, agreements and understandings applicable to the matters contained herein; and the parties agree that themare no eonututments,agraments or uiderstowwv concerning the subject matter of this Agreement that are not contained in or incorporated into this Agreement. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior written or oral representations or agreements. No deviations or modifications hereof shall take Place except and unless agreed to by the parties hereto in writing. The duties and obligations of the parties hereto may not be charged from those contained herein except upon mutual agreement of the parties, as reflected in a written instrument duly adopted by both of the parties hereto. 4. If any provisions of this Agreement are contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provisions shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid. The remainder of this Agreement shall not be invalidated thereby and shall be given full force and effect. 5. The parties agree that suits or actions at law arising from the provisions, performance, or breach of this Agreement shall initially be .brought in St. Lucie County, Florida, and no other jurisdiction. This Agreement shall be construed and interpreted under the laws of the State of Florida. 6. This Agreement shall not be construed more strictly against any party. 7. The parties shall have all rights available by law to enforce this Agreement. B. In the event litigation is required by either party to enforce the terms of this Agreement each party shall bear its own court costs, attorneys' and/or paralegal fees and costs incurred by mason of such action and all costs of suit and those incurred in preparation thereof, whether related to trial, collection or appeals. 9. Time is of the essence as to all matters agreed to herein by the parties All notices, demands, requests and other communications shall be deemed sufficient and properly given, if in writing and delivered in person to the following addresses, sent by certified or registered mail, or by overnight delivery, postage prepaid with return receipt requested, or by electronic meets with a verifiable delivery receipt at such addresses, provided, if such notices, demands, requests or other communications are sent by mail they shall be deemed as given on the 5W arm or zi /if -9- 1 third day following such mailing that is not a Saturday, Sunday or a day on which United States nail is not delivered, and all other means upon actual delivery: If to Evans Properties: 660 Beachland Boulevard Vero Beach, FL 32963 Attention: Ron Edwards With a copy to: Dean, Mead, Minton & Zwemer 1903 South 2W' Street, Suite 200 Fort Pierce, FL 34947 Attention: Michael D. Minton. If to St. Lucie County: St. Lucie County Administrator 230D Virginia Avenue Fort Pierce, FL 34982-5652 With a Copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 If to District: St. Lucie County Water and Sewer District 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: Utility Director With a Copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: Daniel S. McIntyre, County Attorney &.0 Draft of 2/ /11 -10- ART ra.E 9.EVf9d 5uccasors and Assign This Agreement sWI inure to the benefit of and be obligatory upon the parties hereto and their respect counterpart were upon the some instrument. COUNTERPARTS This Agreement may be executed in counterparts with the some effect as if the signatures to each counterpart were upon the sane instrument. IN WITNESS W AEREOF, Evans, the Cow" and the District have executed this Agreement on the date first above written EVANS PROPERTIES, INC. ATTEST: By: Ronald L. Edwards Title: President Datedthis dayof .20H STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2011 by Ronald L Edwards as President of Evans Properties, Inc., on behalf of the corporation. The above named person is personally known to me or has produced as identification ATTEST: CLERK SLC Dro? of ai n1 -11- Signature of Notary Public (Notary Seal) Printed Nome of Notary Public My cornrnission expires on BOARD OF COUNTY COMNlISSiIONER.S ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN s.. ATTEST: CLERK JOINED IN ON AND AGREED TO 8Y: ATTEST: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE COUNTY WATER AND SEWER CISTRICT BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BLmBIEIA Lr AITIES, LLC. By: Ronald L Edwards Title: Manager Dated this day of 2011 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was ackwMedged before me this day of 2011 by Ronald L Edwards, the Manager of Bluefield Utilities, LLC, on behalf of the limited liability company. The above named person is personally {yawn to me or has produced as identification. Signature of Notary Public (Notary Seal) suorar, or v n, -12- Printed Nome of Notary Public My commission expires on GROVE LAND uTIl1TIES, LLC. By: Ronald L Edwards Title: Manager Datedthis dayof 2011 STATE OF FLORIDA COUNTY OF ST. LUCIE Theforegoing instrument was Mmowledged before me this day of 2011 by Ronald L, Edwards, the Manager of Grove Land Utilities, LLC, on behalf of the limited liability company. The above named person is personally known to me or has produced as identification. Somiture of Notary Public (Notary Seal) Printed Name of Notary Public My commission expires on EVANS V TMx zES COMPANIES, INC. By: Ronald L. Edwards Title: President Datedthis dayof 2011 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2011 by Ronald L. Edwards as President on behalf of the corporation. The above named person is personally known to me or has produced as identification. au DM" of v Af -13- SL.COrnft of 2/ Al -14- 519nature of Wary Public (Wtary Jeal) Printed Nome of Notary Public My commission expires on EXHIBIT 2 EXEMPTION AMENDMENT 367.022 Exemptions. — The following are not subject to regulation by the commission as a utility nor are they subject to the provisions of this chapter, except as expressly provided: (1) The sale, distribution, or furnishing of bottled water. (2) Systems owned, operated, managed, or controlled by governmental authorities, including water or wastewater facilities operated by private firms under water or wastewater facility Privatization contracts as defined in s.153.91, and nonprofit corporations formed for the purpose of acting on behalf of a political subdivision with respect to a water or wastewater facility. (3) Manufacturers providing service solely in connection with their operations. (4) Public lodging establishments providing service solely in connection with service to their guests. (5) Landlords providing service to their tenants without specific compensation for the service. (6) Systems with the capacity or proposed capacity to serve 100 or fewer persons. (7) Nonprofit corporations, associations, or cooperatives providing service solely to members who own and control such nonprofit corporations, associations, or cooperatives. (8) Any person who resells water or wastewater service at a rate or charge which does not exceed the actual purchase price of the water or wastewater. (9) Wastewater treatment plants operated exclusively for disposing of industrial wastewater. (10) The sale of bulk supplies of desalinated water to a governmental authority. (11) Any person providing any nonpotable water for irrigation or fireflow purposes in a geographic area where potable water service is available from a governmentally or privately owned utility or a private well. (12) The sale for resale of bulk supplies of water or the sale or resale of wastewater services to a governmental mMwHty or to a utility regulated pursuant to this chapter either by the commission or the county. = The sale of rronootable water for gquifer recharne environmental industrial or agricuKrw Rurtmo= 14 The sale of environmental services such as water retention or cleansing facilities to meet water gyp dy stance. SLC braft of zi /11 -16- ITEM NO. IX DATE: 5/17/11 maim- AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. p SUBMITTED BY: Public Works/Engineering Division County Engineer ,rb SUBJECT: MCZ/Centrum Citrus Farms Mining Permit Application Update BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: N/A COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x) Planning & Dev Services Dir. Daniel McIntyre Originating Dept. ( x ) 0 jDonaWest MCZ mine update to bocc.ag County Engineer (x) " Mark Satterlee ( x) mv Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: May 17, 2011 SUBJECT: MCZ/Centrum Citrus Farms Mining Permit Application Update ITEM NO. IX Background: The proposed MCZ/Centrum Citrus Farms mine is located on the north side of Orange Avenue approximately nine miles west of Kings Highway. The proposed mine is situated inside of a 1200- acre parcel on which no mining activity has previously been approved. Access to and from the site will be via Orange Avenue to Kings Highway. The County has long recognized the wear -and -tear endured by Orange Avenue from the elevated percentage of large trucks in the traffic stream. Although the travel lane width meets the current standard of 12 feet, one can still find indications that, albeit infrequently, the outside truck tires are still leaving the roadway surface and are riding on the shoulder. Drop-offs can result if maintenance is not performed promptly. The County has long requested assistance at both the state and federal level but these requests have not yet borne fruit. On February 1, 2011, a Public Hearing was held to discuss the MCZ Mining Permit application. Because of the uncertainty surrounding the Florida Department of Transportation's (FDOT) Orange Avenue project, both in scope and time frame, the Board granted the applicant a continuance to a date uncertain and directed staff to provide an update to the Board after 90 days. Staff has met with the applicant's representatives as well as FDOT's project managers on several occasions since the February Public Hearing. The applicant remains steadfast in his intentions to pursue the mining permit and develop the mine. Likewise, FDOT continues the design of their project to construct shoulders (5-foot paved and 3 foot unpaved) between Graves Road and Kings Highway. A conference call with both the applicant and the FDOT project managers was held the last week of April. The all-important benefit:cost ratio has not been developed yet. This number must, of course, be greater than one, but even projects with a ratio greater than one but less than two will face extra hurtles. The FDOT Safety Committee will make the determination if the benefit:cost ratio is high enough to justify the expenditures. Historically, benefit:cost ratios less than two are not often approved. There are still significant obstacles. Assuming a favorable benefit:cost ratio, FDOT would develop construction plans over the next year and a half and prepare to bid the project in Spring 2013. s� Engineering Division May 17, 2011 Agenda Item IX Page 3 Construction funding in the amount of almost $2.5 million is scheduled for the same FDOT fiscal year (2012/2013). It is not known yet if this sum of money is sufficient to construct the necessary improvements. If bids exceed the funding, FDOT will look to the County to fund the difference. Without assistance from us, the project would be delayed until the necessary funds could be accumulated. In our most recent meeting, the applicant desired to move forward with their application. Presently, discussion centers around the applicant paying for extending the FDOT Orange Avenue improvements to the mine property after FDOT completes their project. While this remains a discussion item and may change, the permit condition of no new truck trips until Orange Avenue is reconstructed remains. At the time of this writing, additional meetings with both the applicant and with FDOT have been scheduled. The FDOT Safety Committee meeting is tentatively set for the first half of May. The results of any meetings scheduled prior to May 17 will be provided in the Board update. Previous Action: November 9, 2010 — Board approved permission to schedule a public hearing. December 7, 2010 — Board approved continuance to February 1, 2011 or soon thereafter. February 1, 2011 — Board approved continuance of the mining permit Public Hearing to a date uncertain. Staff to report back on application status in 90 days. Recommendation: N/A MOSQUIT04 CONTROL? DISTRICT MOSQUITO CONTROL DISTRICT www.co.st•lucie.fl.us www.stiucieco.org d�t�it't���>Iitlt���rf�Yt��tit`t�r�'ii�tt��tki't�tki`�i�t������r�'iitt����i����r►�ii��������iti`�l!�i�tr���i�irii>iti�t�tt � t��l�l;���tt���l��ti��ritfr��>i��t���i`i�'i`��i Chris Dzadovsky, Chairman District No.1 Tod Mowery, Vice Chair District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 •3LEl3F}}f5 tJ3. :.3.'. LEd..: .... ;E, €#,€,£.E,d;Fs,141,3 3t. =.1_zf, f.-iF.ta,f::C .2..3}£.3;?E},(_}.?, f.}.. ,.}-,t, #.}.l:Xl. .L.:. d3. .: 5,>l �f.(:£..i, ,F}L >..,£;t£ fEE a'. 3:.I:.E .. d ..td.�. bi#€,#eta, hlt.E£}FF: , MINUTES Approve the minutes from the April 19, 2011 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 30, 31, 32 and 33. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 19, 2011 Convened: 10:20 a.m. Adjourned: 10:21 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Chris Craft, Tod Mowery Others Present: Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Mark Satterlee, Planning/Services Director, Jim David, Mosquito Control Director, Don West, Public Works Director, Marie Gouin, OMB Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the March 22, 2011 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held March 22, 2011, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 26, 27, 28 and 29. The District approved warrant list no. 26, 27.28 and 29. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of the Circuit Courty 04/21/11 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #30- 16-APR-2011 TO 21-APR-2011 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 9,497.83 GRAND TOTAL: 9,497.83 PAGE 1 PAYROLL 0.00 0.00 04/29/11 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #31- 22-APR-2011 TO 29-APR--2011 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 4,013.83 GRAND TOTAL: 4,013.83 PAGE 1 PAYROLL 30,015.37 30,015.37 05/05/11 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #32- 30-APR-2011 TO 05-MAY-2011 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 17,984.61 0.00 GRAND TOTAL; 17,984.61 0.00 05/13/11 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #33- 06-MAY-2011 TO 13-MAY-2011 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 7,191.66 GRAND TOTAL: 7,191.66 PAGE 1 PAYROLL 31,532.38 31,532,38 EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org Frannie Hutchinson, Chair District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 MINUTES Approve the minutes from the April 19, 2011 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31, 32 and 33. 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: April 19, 2011 Convened: 10:22 a.m. Adjourned: 10:23 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Tod Mowery, Chris Craft, Chris Dazadovsky Others Present: Lee Ann Lowery, Assistant County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mark Satterlee, Planning/Development Services Director, Marie Gouin, OMB Director, Millie Delgado -Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held March 22, 2011, and; upon roll call, motion carried unanimously. Com. Dzadovsky requested his comments made regarding invoicing the Federal Government be added to the minutes. (Note: The minutes will be re -approved as amended at the next Erosion District meeting). II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Mowery, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 27, 28 and 29. The District approved warrant list no. 27, 28, 29. B. COUNTY ATTORNEY Temporary Construction Easements for SR A1A Phase 1 Roadway Reconstruction — Parcel I. D. No. 2401-501-0020-000/1 - Parcel I. D. No. 2401-501-0025-000/6 - Parcel I. D. No. 2401-502- 0006-000/0 The District approved the Temporary Construction Easements in favor of the City of Fort Pierce, authorized the Chairman to sign the Temporary Construction Easements, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. There being no further business to be brought before the District, the meeting was adjourned. Chairperson Clerk of the Circuit Court 05/05/11 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #32- 30-APR-2011 TO 05-MAY-2011 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,502.29 0.00 04/29/11 ST_ LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #31- 22--APR-2011 TO 29-APR-2011 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 399.59 GRAND TOTAL: 399.59 PAGE 1 PAYROLL 4,613.49 4, 613.49 05/13/11 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #k33- 06-MAY-2011 TO 13-MAY-2011 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,591.67 GRAND TOTAL: 2,591.67 PAGE 1 PAYROLL 4,613.49 4,613.49