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January 17, 2012 Agenda Packet
AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT,): County Attorney ITEM NO. VI B-1 DATE: January 17, 2012 REGULAR[] PUBLIC HEARING Leg. [ ) Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Contracts for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from Selvitz Road East to South 25th Street Drawdy Brothers' Business Properties, LLLP — Parcel 3405-421-0001-000/2 (portion) Mr. & Mrs. Vince Peterson — Parcel 3406-501-0030-100/3 (portion) BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE PREVIOUS ACTION RECOMMENDATION COMMISSION ACTION: [X]APPROVED [ ]OTHER Approved 5.0 [x] County Attorney s'f Daniel McIntyre [x] Originating Dept: JM1?_ JoAnn Riley Funds will be made available in: Impact Fees - Right -of -Way 101006-4116-563007-4118 Impact Fees -Title 101006-4116-561002-4118 April 11, 2006 - Agreement with H.W. Lochner, Inc. for design and permitting Four-Laning of Midway Road from East of Turnpike Bridge to South 25th Street Staff recommends the Board approve the Contracts for Sale and Purchase from Drawdy Brothers' and Mr. & Mrs. Peterson, authorize the Chairman to sign the Contracts, direct staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County. CONCURRENCE: ( ] DENIED Review and Approvals r�2 � ,� [x] Engineering: - Michael Powley el [x] County Surveyor: AV — Ron Harris Faye W. Outlaw, MPA County Administrator [x] Public Works: Don West ' AGENDA REQUEST ITEM NO. VI-Cl DATE: 01/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks, Recreation & Facilities Parks Manager -North Division SUBJECT: Digital Domain Park - Proposed Pricing for the 2012 Baseball Season BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Sterling Facility Services, LLC's proposed 2012 pricing for tickets, souvenirs, parking, programs, and concessions at Digital Domain Park, as outlined in the agenda memorandum. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA\\' County Administrator Coordination/Signatures OMB Director County Attorney ( X) Budget Analyst ( ) Daniel McIntyre Originating Dept. (X) Purchasing ( ) e Ann Lowery Marie Gouin Melissa Simberlund TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division Capital Budget See attached memorandum. ITEM NO. VI-D1 DATE: 1/17112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.E. County Engineer 14.VP Lennard Rd. (PSL HS to Bromeliad Cir.) $400,000-101006-4116-563000-114603 funding from 101006-4116-563000-1905 (Impact Fees Projects TBD) Widening of Midway Rd. (Glades to Selvitz) $600,000-101006-4116-563000-114604 funding from 101006-4116-563000-1905 (Impact Fees Projects TBD) Juanita Ave. Sidewalk $75,000 - 101006-4116-563000-114605 funding from 101006-4116-563000-1905 (Impact Fees Projects TBD) Oleander Ave. Drain. (Bell Ave. to Edwards Rd.) $200,000 - 102001-3725-563000-113603 funding from 102001-9910-599300-800 (Stormwater Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of capital projects CIP12-028 to CIP12-031. COMMISSION ACTION: CONCURRENCE: APPROVED (.) DENIED ( ) OTHER -- Faye W. Outlaw, MPA County Administrator Approved 5.0 Coordination/Signatures County Attorney ( x ) OMB Director ( x ) ' Budget Analyst Y Daniel McIntyre Originating Dept. ( x ) County Engineer (x) Don ' d West Capital Budget Corrections. ag Marie Gouin MVP JK Michael Powley AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Weatherbee Road Sidewalk BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563000-470--Capital ITEM NO. VI-D2 DATE: 1 /17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.E. County Engineer PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to reject all bids and rebid the Weatherbee Road Sidewalk project. COMMISSION ACTION: N APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney (x) OMB Director (x ) Budget Analyst Daniel McIntyre Marie uin Originating Dept. ( x ) Don Id West Weatherbee Sidewalk reject bids.ag County Engineer (x) MVP -, Michael Powley OF ITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING .LEG. QUASWD CONSENT VI -El 1117112 (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski Pl*cl� SUBMITTED BY: Community Services/Housing Division Housing Manager SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) 10t' Street Roadway Reconstruction BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001519-5420-583000-500 - CDBG DRI Fay PREVIOUS ACTION: March 23, 2010 - Board approval of the interlocal agreements with the City of Fort Pierce and City of Port St. Lucie. RECOMMENDATION: Board approval to reject and re -bid Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Bid No. 11-031 COMMISSION ACTION: (jO APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director D s-Al Budget Analyst Dani S. McIntyre Originating Dept. ( ) !� Beth Ryder ( ) hG Marie Gouin l� Sophia Holt AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Commissioner Tod Mowery SUBJECT: Investment Committee appointment BACKGROUND: N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VI- F DATE: � 01/17/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Commissioner Tod Mowery District #2 RECOMMENDATION: Board ratification of Commissioner Mowery's appointment of Andrea Gregory to the Investment Committee. COMMISSION ACTION: ( ) APPROVED ( ) (�() OTHER Pulled' CONCURRENCE: DENIED _ Faye W. Outlaw, MPA County Administrator TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST ITEM NO. VI-G DATE: 01/17/2012 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard Planning & Development / Tourism Tourism Coordinator POA Acquisition Corporation Contract Amendment C97-01-122 See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: December 12, 2006 — BOCC approval of lease agreement extension RECOMMENDATION: Board approval of the Contract Amendment with POA Acquisition Corporation and authorization for the Chair to sign documents as prepared by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures ice; County Attorney ( ) OMB Director ( ) Budget Analyst K. Barbieri/D. McIntyre AliOriginating Dept. ( )ERD ( ) M. "atterlee/ Clombat0 n/a r � � gem, :.�i �..� AGENDA REQUEST Q ST ITEM NO. Vill DATE: 1117/12 REGULAR (X ) PUBLIC HEARING ( j LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget Director SUBJECT: Auditor Selection Committee / ! BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to grant authority to.the Management and Budget Director to advise the Constitutional Officers that an audit selection committee has been established in accordance With Florida Statutes. Board approval is also needed to designate an individual to represent them on the selection committee. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Notion to approve staffs Approved 5-0 recommendation and to also appoint lomm. Craft to the selection CONCURRENCE: Faye W. Outlaw, MPA County Administrator ;ommittee. Coordination/Signatures OMB Count Y Attorney ( X ) � Budget Analyst ( ) Dan McIntyre Other ( ) Other ( ) (Name) (Name) (Name) ITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASWD CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye Outlaw, SUBMITTED BY: Administration County Adm nistrror SUBJECT: FY 11 Major Accomplishments BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board acceptance of FY 11 Major Accomplishments. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, M. P.A. Approved 5.0 County Administrator County Attorney ( ) Originating Dept. ( ) Coordination/Signatures . OMB Director ( ) Budget Analyst Daniel McIntyre Faye W. Outlaw, M.P.A. ERD ( ) 01/17/12 (X) Marie Gouin Patty Marston (Name) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funding previously approved in 184212-3710-543000-3712 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Fourth Amendment to FDEP Project Agreement 07SL3 and Work Authorization No. 9 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) ( ) OTHER Approved 5.0 CONCURRENCE: DENIED .7 -r � ` ------------ Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x ) Daniel S. McIntyre Originating Dept. ( x ) JajTWs R. David OMB Director Budget Analyst (x ) Contract Coordinator Marie Gouin t Patty Marston Melissa Simberlund Erosion District ( x) j Richard A. Bouchard AGEND372.M.DEP07SL3 01/13/12 FZABWARR FUND TITLE 001 001009 001446 001447 001512 001516 001518 001519 001534 001539 001541 101 101002 101003 101004 101006 102 102001 102812 107 107003 107006 ill 112 113 114 116 117 119 120 122 123 126 127 128 129 130102 136 138 139 140 140001 140138 140367 140372 160 170 183 ST. LUCIE COUNTY - BOARD WARRANT LIST #15- 07-JAN-2012 TO 13-JAN-2012 FUND SUMMARY General Fund Gen -One Time Funding EMPA FY12 FTCD Planning Grant Agr FYII-12 Neighborhood Stabilization Program Homeland Security -Issue 10 Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 Safe Routes to School Program CSBG FY12 Transportation Trust Fund 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 -BOO Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund . Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund Taxiways A & B Rehabilitation FDOT Taxiway A & B Rehabilitation FDOT Term/Cus Fac Ren Phs 1 Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir EXPENSES 871,384.46 168,401.50 10,460.42 5.79 1,236.10 210.46 81.86 280.45 128.36 550.57 925.00 1,054.75 29,074.90 10,594.55 12,907.89 33, 052.76 2,833.32 31,366.01 3,195.60 166,860.72 2,584.63 3,438.04 2,841.26 612.75 234.66 515.44 573.99 142.75 875.99 180.38 1,014.69 361.93 126.03 382.06 507.63 83,028.34 62,738.72 1,780.03 260.35 765.76 13,023.52 100.00 346,638.38 18,244.12 151,593.33 6,322.19 27,008.06 4,093.16 PAGE 1 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 D.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 01/13/12 FZABWARR FUND TITLE 183001 183004 183006 184216 189102 189103 190 310001 315 318 318103 362 39007 401 418 451 458 471 479 491 505 611 625 666 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #15- 07-JAN-2012 TO 13-JA14-2012 FUND SUMMARY Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP S SLC Beach Restoration Home Consortium 2009 Home Consortium FY 2010 Sports Complex Fund Impact Fees -Library County Building Fund County Capital -Transportation Bond FHA St James Sidewalk Sports Complex Improv Fund Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Economic Development Trust Fund Bank Fund GRAND TOTAL EXPENSES 600.00 1,736.72 16,116.71 69,563.51 218.00 398.00 38,474.37 47,340.87 144,706.92 2,308.73 10,050.00 156,258.67 797.64 454,780.74 20,745.48 40,110.06 4,613.40 250,535.22 4,237.50 233.09 738,308.22 45,353.01 1,923.65 25,000.00 23,214.88 4,172,219.05 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 728.32 0.00 0.00 0.00 0.00 0.00 0.00 796.80 0.00 0.00 0.00 0.00 1,525.12 2 01/13/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #15- 07-JAN-2012 TO 13-JAN-2012 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 46,712.30 GRAND TOTAL: 46,712.30 PAGE 1 PAYROLL 0.00 0.00 01/13/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #15- 07-JAN-2012 TO 13-JAN-2012 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 14,514.32 PAGE Z PAYROLL 0.00 January 17, 2012 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 Tuesday at 6:00 P.M. or as soon thereafter as possible and on the third Tuesday 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 of 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. January 17, 2012 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org 33 4F [k,.,tF.F-`:. F. 3.:.4 � dil hA fF4t.F. x,y};l zt .bAl'. F:G3. �4.d> d. S k,skF.bs Sk.I,AFF..nL• xd..Si,lr' F.. {�: kxk.3. Sd3h,t.a. ...E: ?kSbl F.t✓Sf lx£A..>J,S.d' 34 '.v �. .'.S.S. F<.sk'„k; # b.4x,•.Fx y; F„t;'. 3 d-(f.:sn a.F px 1, t3. .'.:I.iF•!• Chris Dzadovsky, Chairman District No.1 Tod Mowery, Vice Chairman District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 INVOCATION II. PLEDGE -OF ALLEGIANCE III. MINUTES Approve the minutes from the January 3, 2012 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation by Clerk Joseph E. Smith of the GFOA popular reporting and CAFR Awards. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 14 and 15. B. COUNTY ATTORNEY Contracts for Sale and Purchase — Midway Road Improvements — Four-Laning of Midway Road from Selvitz Road East to South 251h Street — Drawdy Brothers' Business Properties, LLLP — Parcel 3405-421-0001-000/2 (portion) — Mr. & Mrs. Vince Peterson — Parcel 3406-501-0030-100/3 (portion) Consider staff recommendation to approve the Contracts for Sale and Purchase from Drawdy Brothers' and Mr. & Mrs. Peterson, authorize the Chairman to sign the Contracts, direct staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County. C. PARKS, RECREATION & FACILITIES Digital Domain Park - Proposed Pricing for the 2012 Baseball Season Consider staff recommendation to approve of Sterling Facility Services, LLC's proposed 2012 pricing for tickets, souvenirs, parking, programs, and concessions at Digital Domain Park. D. PUBLIC WORKS Engineering Division: 1. Capital Budget Consider staff recommendation to approve of capital projects CIP12-028 to CIP12-031. 2. Weatherbee Road Sidewalk Consider staff recommendation to approve to reject all bids and rebid the Weatherbee Road Sidewalk project. E. HOUSING & COMMUNITY SERVICES Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) 10th Street Roadway Reconstruction Consider staff recommendation to approve to reject and re -bid Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Bid No. 11-031 F. COMMISSIONER MOWERY Investment Committee appointment Board ratification of Commissioner Mowery's appointment of Andrea Gregory to the Investment Committee G. PLANNING & PLANNING SERVICES Business & Concurrency Management/Tourism: POA Acquisition Corporation Contract Amendment C97-01-122 Consider staff recommendation to approve of the Contract Amendment with POA Acquisition Corporation and authorization for the Chairman to sign documents as prepared by the County Attorney. VII. PUBLIC HEARINGS There are no public hearings scheduled for January 17, 2012. REGULAR AGENDA VIII. MANAGEMENT & BUDGET Auditor Selection Committee Consider staff recommendation to approve to grant authority to the Management and Budget Director to advise the Constitutional Officers that an audit selection committee has been established in accordance with Florida Statutes. Board approval is also needed to designate an individual to represent them on the selection committee. IX. ADMINISTRATION FY 11 Major Accomplishments Board acceptance of FY 11 Major Accomplishments X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a Budget Workshop on Tuesday, January 24, 2012 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 14, 2012 at 9:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. The 47th Annual St. Lucie County Fair will take place February 24, 2012 - March 4, 2012 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfai r.org. The Board of County Commissioners will hold a Budget Workshop on Tuesday, February 28, 2012 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 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 Risk & Benefits Manager at (772) 462-1404 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.stlucieco.org .t'k£»,t,_3a,zit<E.uxzlE,S:F•.4,.5,tibA.,J .tt,.F,,,F.SE3--.3, tA,ef,t.3 St_A.:IF�t fdt,f k.s t.I. k-5,...,.: Ex.,.J ,!:di..,£,�FSi.s;.ik. R A.i ix?.SA-., r..�r, �;; t,1 .I �.£..3}F.F iz f.z£."; ffu tk};a,E:'3-''.45. Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chair District No. 3 Chris Dzadovsky District No. 1 Frannie Hutchinson District No. 4 Chris Craft District No. 5 .c,f i(x FLih. .F41. f.. „d:at. 2a;,Ei tt L.t...,,3 ,.z1Z.:J. sA. z.. ,�.:n ,6;.'•:.I.l •f me£:T3.t„S, iJdF,(,v;..F "L '1 SaS(: .L:1 ,: al F4L. dWfi AILS-%!:?.tbf it •iL :c.r •• 1<,iytE 12F:F:,zi.M3•.4 1.-i.:Aai. .., i:F. •t}.:'.53J id.a.1' •: MINUTES Approve the minutes from the December 20, 2011 meeting. II. GENERAL PUBLIC COMMENT Ill. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12, 13, 14 and 15. 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org tE. }. f f' EIE, F%: 3... , t .,L. /.t..l. ..t„t.3:F...L .3 L£.n.I a. l.dM4 i l3 }, s.AAd iA,l iti lJ.t-'•Lddm :fiid... :R Lt apt`.. aL:.x.., i-t4 '�i ,ad'a.tt,.'2 .f 'E.fi.`tt 3.E.i :.13 c, Sd-.3:. A t'.}Fs,'.§Ed.. }`.t L.E:L(.. ti fi }: fna. Ft. 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 .... .,fi} ... L. '. •.3 ,ixE,.>...'„i3,£F.£f,'.sFr. Fd.4i ti1.3>.. d4',ifd RL dF�. s.i. f...:1kF,tEt.FeEEd ,.,..£,x, ,E,S,. tl E=.AF.z:.it.A.}[;,4.:tF .A is Erhk F,.:.Aii. d.;3}}1; FF:'..sdd Ld £wl.S. wt; i?-.£...A�d,£. MINUTES Approve the minutes from the December 20, 2011 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No.12, 13,14 and 15. B. MOSQUITO CONTROL & COASTAL MANAGEMENT Fort Pierce Inlet Management Plan Grant Amendment Consider staff recommendation to approve the Fourth Amendment to FDEP Project Agreement 07SL3 along with Work Authorization No. 9 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ENVIRONMENTAL CONTROL BOARD www.co.st-lucie.fl.us www.stiucieco.org .. «!. b'l£.:-bt J..t idF ib s.. IEx ,EF'{>J, t « .�+•.c.F,.. SMr.Lt..k• l.x._: k[ F.Sa!'#.t.t .•.ra,£kt iJ x E3<e..i' �' i. ti>m ::ke..t. E: ,dat F< ,i .:,'Ea.. Ja141.. '... k. a.},tA; x ;3:.,{) £1.>J,le L3a'.e ri.e:. iF Chris Craft, Chairman District No. 5 Paula A. Lewis, Vice Chairman District No. 3 Tod Mowery District No. 2 Chris Dzadovsky District No. 1 Frannie Hutchinson District No. 4 .E ,xy:?: <:5'a. '.v:1.f t. .f t:.-is?i.. ..tax.R:. t,`# i.:E#,•.. •:k- E?L.. %'. tF t S.t .f d. 5s.,.'d,-54 :'1......d ..f.�.;. 6i.i ,kd a• ,t l.k ..xa tk l.. k2:l,�br r.. te3i (. a}.... bd t .Fi<::c: FA 'd. E'.kc .t b'.e. F.[. MINUTES Approve the minutes from the December 20, 2011 meeting. II. GENERAL PUBLIC COMMENT 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. SUSTAINABILITY DISTRICT www.co.st-lucie.fl.us www.stlucieco.orci �[.•f,} Ilz� d,a.. . ,'x... }, 'z, .t.i if i. ..� ... }.!>.33a. }h.3A,F.L7. Fe.3 .3 e.1 i'.3:1.} d }E,3b[&t£,6t �'.t.d {!. Sbdd tf {.ih3.f £.' dd}fx SF.t..(. d} „3..t:.z, .itd b.t .k.3.:.dg x.4F } ,F,.l,k},!>.bza4F FF3 'yFz:}F.t};.£ 'td'.4 2.Ltl,t. i�i��tlitdtti8�ii��l�ili�fiiili��3tti��ii��i�filiiii�ii3iil�iEii�iift'Ci)fliiiitCtiliiilii�ti`iiT�#�I�rfii�l�ttiiFi3�i �i�l�tiliiiin�l�iYiiiitit�i�i�iliii�iltt�i3ltiiiltiiTl�tiiili�{ii�9tii�tii�i`I�l�rfiit➢i Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Chris Dzadovsky District No.1 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 ,dam, {�h;{,.,t,&.[. ^d d.F E4. idh. .bk. 2e .a?„•tve ">IF:..3.. b.za 3 „S,d ..}=.s ,;.! 6dF.. ,4�.£t.Aei. d. {,fad,.;bf ,. F.<.L:. S..dtl�eFd `... d! t kd tt. �ti<.3'.Fd�,� £�3fa3£'.}s.ddb6d1 f,;.,f .FSFb.YF;-1s� 'bNAd.,a �Ek ,d-4ad. .•. SSi< MINUTES Approve the minutes from the December 20, 2011 meeting. If. GENERAL PUBLIC COMMENT 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 60 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 3, 2012 Convened: 6:00 p.m. Adjourned: 6:30 p.m. Commissioners Present: Chairman, Chris Dzadovsky, Tod Mowery, Paula A. Lewis, Frannie Hutchinson, Chris Craft Others Present: Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public works Director, Lauri Waldie, Utilities Director, Beth Ryder, Community Services Director, Mark Satterlee, Planning Services Director, Ken Mascara, Sheriff, Karen Smith, ERD Director, Millie Delgado - Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 20, 2011 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held December 20, 2011, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for January 3, 2012. V. GENERAL PUBLIC COMMENT Mr. John Arena, Ft. Pierce resident, addressed the Board regarding boats coming into the inlet full speed and injuring manatees, the economy and the cost of the replacement of sand on the beaches. VI. CONSENT AGENDA It was moved by Com. Mowery, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No.12 and 13. The Board approved Warrant List No.12 and 13. B. COUNTY ATTORNEY Permanent Slope Easements for Juanita Ave Improvements Tommy Lee Mitchell - I.D. 1433-420-0015-000/1 - Resolution No.12-005 Mr. & Mrs. Robert Lewis - I.D 1433-420-0008-000/9 - Resolution No.12-006 Sandra L. Jenkins - I.D.1433701-0515-000/8 - Resolution No.12-007 Alma Anglin Coplin - I.D. 1433-701-0332-000/1 - Resolution No. 12-008 Robert Lewis - I.D. 1433-420-0011-010/6 - Resolution No. 12-009 Willy J. Williams, Sr. - I.D.1433-420-0011-000/3 - Resolution No. 12-010 The Board accepted Resolution No. 12-005, Resolution No. 12-006, Resolution No. 12- 007, Resolution No. 12-008, Resolution No. 12-009 and Resolution No. 12-010, authorized the Chairman to sign the Resolutions accepting the Permanent Slope Easements and directed staff to record the Permanent Slope Easements in the Public Records of St. Lucie County, Florida. 2. Request Permission to Advertise Notice of Public Hearing Petition to abandon a 10-foot Drainage/Utility Easement along North side of Lots 45, 36, 37 and 38 and a 6-foot Drainage/Utility Easement along East side of Lot 35, all in Block 43 in River Park — Unit Five The Board authorized staff to advertise a Public Hearing to be held on February 7, 2012 at 6:00 p.m. or as soon thereafter as possible. C. SHERIFF'S OFFICE Draw Request — January 2012. The Board approved the Sheriffs double draw request for January 2012 in the amount of $4,980,941.75. (Amount requested; 1st draw total = $4,980,941.75) (2nd draw total = $4,980,941.75) This is a total of $9,961,883.50 for the month of January. D. PUBLIC WORKS Engineering Division: Repairs of South 25th Street Bridge Over Ten -Mile Creek Southbound Lanes The Board approved rejecting all bids and to rebid the Repairs of South 25th Street Bridge over Ten -Mile Creek Southbound Lanes. E. HOUSING & COMMUNITY SERVICES 1. Construction Services for D-9 Canal Drainage Improvements The Board authorized awarding bid #11-037 for construction services to Arbor Tree and Land, Inc. for the D-9 Canal Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorized the Chairman to sign documents as approved by the County Attorney. 2. Construction Services for Hogpen Slough Drainage Improvements The Board authorized awarding bid #11-040 for construction services to Melvin Bush Construction, Inc. for the Hogpen Slough Drainage Improvement project funded under the CDBG Tropical Storm Fay, and authorized the Chairman to sign documents as approved by the County Attorney. F. HUMAN RESOURCES Corizon Inmate Health Care Invoice No. CZN000010270 for FY-2011 The Board approved payment of Corzon Health Services FY-2011 invoice number CZN000010270 for Inmate Utilization of Medical Service costs in the amount of $84,600.92. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Planning Division: Ordinance No. 11-027 — Land Development Code Text Amendment to Class A Mobile Home Permits. 2 It was moved by Com. Mowery, seconded by Com. Lewis, to continue this public hearing on February 7, 2012 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. B. PLANNING & DEVELOPMENT SERVICES Planning Division: Land Development Code text Amendment — Commercial, Neighborhood Zoning Consider staff recommendation to approve the first reading of Ordinance 12-004 (fka 11-035) granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District and scheduling of the second required public hearing on February 7, 2012 at 6:00 p.m. or as soon thereafter as the item may be heard. Com. Dzadovsky expressed his concern with any kind of installations being done on site and asked staff how they are defining auto parts. Staff addressed Com. Dzadvosky's question and advised the Board that there would not be any installation of parts permitted on site. It was moved by Com. Craft, seconded by Com. Mowery to approve the first reading of Ordinance No.12-004 formally known as 11-035, and; upon roll call, motion carried unanimously. The second Hearing is scheduled for February 7, 2012 at 6:00 p.m. or as soon thereafter as it may be heard. C. COUNTY ATTORNEY Ordinance No. 12-001— Amending Section 1-20-07 Parking restricted on certain street of the Code of Ordinances of St. Lucie County to Further Restrict Parking on South 35th Street; Providing for Conflicting Provisions; Providing for Severability; Providing for Applicability; Providing for Filing with the Department of State; Providing Effective Date; Providing for Adoption; And Providing for Codification. Consider staff recommendation to adopt the attached Ordinance No. 12-001 and authorize the Chairman to sign the Ordinance. It was moved by Com. Mowery, seconded by Com. Lewis, to adopt Ordinance No. 12-001 and authorized the Chairman to sign the Ordinance, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY Request for Board of County Commissioners to declare unsafe the structure located at 101 Berger Road, Fort Pierce. Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Complied Laws, staff recommends that the Board declare the structure located at 101 Berger Road, Fort Pierce, Florida to be unsafe and that the Board hold a public hearing on February 21, 2012 at 7:00 p.m. or as soon thereafter as possible to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. The Board members questioned if Berger was a road or a street. Staff advised the Board they would look into it and make the correction if necessary by the second hearing. It was moved by Com. Craft, seconded by Com. Mowery to approve staff recommendation and hold a public hearing on February 21, 2012, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 3 CONSENT AGENDA ITEMS O1/06/12 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #14- 31-DEC-2011 TO 06-JAN-2012 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 3,757,910.15 433,353.04 001194 U.S. Dept of Housing & Community B2.19 443.74 001446 EMPA FY12 3,143.16 0.00 001447 FTCD Planning Grant Agr FY11-12 149.66 890.62 00144E Residential Construction Mitigation 7.28 12.95 001512 Neighborhood Stabilization Program 61,180.27 1,990.91 00151E Section 112/MPO/FHWA/Planning 1,841.67 8,792.41 001519 CDBG FY 2008 Disaster Recovery 17,221.53 665.B4 001526 SRL - 3739 S. 25th St. 64.22 402.51 001527 SRL - 10701 S. Ocean Dr. 20.51 70.36 001528 SRL - 614 Faber Ave. 10,809.99 402.51 001534 Metropolitan Planning/Section 5303 256.93 809.21 001537 HUD Shelter Plus Care 2010 46.76 443.64 001539 Safe Routes to School Program 134.89 1,094.92 001541 CSBG FY12 392.41 2,313.87 101 Transportation Trust Fund 5,573.42 32,90B.48 101001 Transportation Trust Interlocals 206.01 1,237.60 101002 Transportation Trust/80% Constitut 22,752.49 42,1.80.30 101003 Transportation Txust/Local Option 4,682.51 14,260.84 101004 Transportation Trust/County Fuel Tx 5,664.39 15,839.72 101006 Transportation Trust/Impact Fees 25,653.45 0.00 102 Unincorporated Services Fund 12,298.26 64,834.00 102001 Drainage Maintenance MSTU 6,213.60 13,873.73 102812 Paradise Park Stoxmwater Ph 3 789.28 3,2B9.54 107 Fine & Forfeiture Fund 6,708,354.54 166,619.3E 107001 Fine & Forfeiture Fund -Wireless Sur 112.30 915.77 107002 Fine & Forfeiture Fund-E911 Surchar 5,037.16 915.77 107003 Fine & Forfeiture Fund-800 Mhz Oper 29,688.21 0.00 107006 F&F Fund -Court Related Technology 1,729.36 8,736.95 115 Sheraton Plaza Fund 650.60 0.00 118 Paradise Park Fund 901.16 0.00 121 Blakely Subdivision Fund 90.92 0.00 130109 FTA 5307 Capital and Operating 354.53 2,085.83 140 Airport Fund 2,196.03 12,188.65 140001 Port Fund 26,571.72 0.00 142 Port MSBU Development Fund 28,786.03 0.00 150 Impact Fee Collections 259.26 1,523.20 160 Plan Maintenance RAD Fund 532.88 3,110.46 183 Ct Administrator-19th Judicial Cir 6,056.53 3,105.65 183001 Ct Administrator-Arbitration/Mediat 80.00 0.00 183004 Ct Admin.- Teen Court 1,866.55 3,183.42 185012 FHFA SHIP 2010-2011 20.56 47.24 189101 Home Consortium FY 200B 1.08 0.00 189102 Home Consortium 2009 6,500.40 256.88 189103 Home Consortium FY 2010 269.35 1,592.06 IB9104 HUD Housing Counseling Grant 188.86 1,902.32 189105 HUD Housing Counseling Grant 7.22 34.90 189203 Hardest Hit fund Advisor Services 40.23 208.10 l 01/06/12 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #14- 31-DEC-2011 TO 06-JAN-2012 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 190 Sports Complex Fund 24,121.12 15,423.67 216 County Capital I&S 15,520.24 0.00 242 Port I&S Fund 247,756.88 0.00 310001 Impact Fees -Library 5,233.55 0.00 315 County Building Fund 3,303.92 0.00 316001 5th Cent Fuel -Capital 364,692.58 0.00. 401 Sanitary Landfill Fund 57,905.02 53,499.65 418 Golf Course Fund 5,922.76 16,904.12 451 S. Hutchinson Utilities Fund 3,104.20 4,523.90 458 SH Util-Renewal & Replacement Fund 113.54 665.18 471 No County Utility District-Operatin 105,32B.05 7,131.95 478 No Cty Util Dist -Renewal & Replace 207.13 1,213.08 479 No Cty Util Dist -Capital Facilities 179.67 1,045.87 491 Building Code Fund 3,010.06 18,192.30 505 Health Insurance Fund 218,657.B5 1,1B6.40 505001 Property/Casualty Insurance Fund 849.30 4,929.37 611 Tourist Development Trust-Adv Fund 453.85 2,450.61 625 Law Library 9,858.87 0.00 630 Tax Deed Overbid Agency Fund 6,471.24 0.00 801 Bank Fund 230,476.56 0.00 GRAND TOTAL: 12,060,556.90 973,703.42 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney ITEM NO. VI B-1 DATE: January 17, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Contracts for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from Selvitz Road East to South 25th Street Drawdy Brothers' Business Properties, LLLP — Parcel 3405-421-0001-000/2 (portion) Mr. & Mrs. Vince Peterson — Parcel 3406-501-0030-100/3 (portion) BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Impact Fees - Right -of -Way 101006-4116-563007-4118 Impact Fees - Title 101006-4116-561002-4118 PREVIOUS ACTION: April 11, 2006 - Agreement with H.W. Lochner, Inc. for design and permitting Four-Laning of Midway Road from East of Turnpike Bridge to South 25th Street RECOMMENDATION: Staff recommends the Board approve the Contracts for Sale and Purchase from Drawdy Brothers' and Mr. & Mrs. Peterson, authorize the Chairman to sign the Contracts, direct staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator Review and ,sApprovals [x] County Attorney , '[x] Engineering: ��'� ;=�E� [x] Public Works: Daniel McIntyre Michael Powley Don West [x] Originating Dept: Imiz. [x] County Surveyor: JoAnn Riley Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: January17, 2012 SUBJECT: Contracts for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from Selvitz Road East to South 25th Street Drawdy Brothers' Business Properties, LLLP - Parcel 3405-421-0001-000/2 (portion) Mr. & Mrs. Vince Peterson - Parcel 3406-501-0030-100/3 (portion) BACKGROUND: St. Lucie County is in the process of a Road Improvement Project to widen Midway Road from Selvitz Road East to South 25t" Street. The proposed design for Midway Road is a four (4) lane divided urban section with a 6' sidewalk on the north side and a 12' multi -use path on the south side and the design for Selvitz Road is a four (4) lane divided urban section with a 12' multi -use path on the west side to approximately Favorite Road. The footprint for Midway Road will need to accommodate in the future two additional lanes in accordance with St. Lucie County's Long Range Transportation Plan. The project will need road right-of-way on Midway Road and 5elvitz Road. Appraisals were prepared by the County's independent appraiser Fuller-Armfield-Wagner. The appraised value and cost to cure was presented to Drawdy Brothers' who felt the improvement costs and cost to cure were acceptable, provided they could keep title to their sign for purposes of moving it. They did however; make a counter-offer of $3.80 per square foot on the land value. The counter-offer was presented to Fuller- Armfield-Wagner and in Mr. Fuller's opinion the counter-offer is within his range of value and reasonable. The appraised value and cost to cure, if any, was accepted by Mr. & Mrs. Peterson for $14,000.00. RECOMMENDATION: Staff recommends the Board approve the Contracts for Sale and Purchase from Drawdy Brothers' and Mr. & Mrs. Peterson, authorize the Chairman to sign the Contracts, direct staff to proceed with the closings and record the Warranty Deeds in the Public Records of St. Lucie County. Res//p��ectfully submitted, lbw J Ann Riley roperty Acquisition Manager zQ 1S H19Z S 1S Hl�Z S 0 0 z FF -3: N 7 > a J j N O p �o w w Q p A O Z ab-N3SN3M10f O v ,?^ Rf lE- C .h O O U U Ik-T',FFF-E— fi �J x�. W 'p aU N3SN31SNHO .O N N L d 4- j O N +� a21 NNnci a21NNna-MN w z L L w Q a-+ N �O cu O n— NW NEWARK.LN .�-+ ail ZlIA13S al ! ZIIAI=jS MN cu E 7 w 2110 -VJMZIAN w cc— 0 i- Z G L rr_ :O Q '� Nw PR�MM:ST Z PROJECT NAME: Midway Road Improvements PARCEL: Drawdy Brothers' Business Properties, LLLP. Parcel 3405-421-0001-000/2(portion) CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2011,DRAWDY BROTHERS' BUSINESS PROPERTIES LLLP, whose mailing address is 10690 W. Midway Road, Fort Pierce, FL 34945 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce Florida 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" Humor, The full purchase price NLX �O determined to be the rounded total of the following: Real Property Parcel I.D. 3405-421-0001-000/2 (portion of) Other Improvements upon the Land )Ochs Dollars u0/100 Dollars, %Y MOMM $100p000.00 $68,855.00 $31,145.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release orsubordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto 1 to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliverto PURCHASER Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. i� 8. POSSESSION. SELLER shall deliver possession to. PURCHASER at the closing. 9. CLOSING. The closing shall be on or before .January 18, 2012 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with 3 a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after 4 SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLERwarrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 5 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and beliefthat there is no violation of Federal, State, .and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. 24. The terms of the attached addendum are hereby incorporated herein. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this :3 day of 1� b V, , 2011. 4,,tess .. Witness STATE OF FL - COUNTY OF _5.- L (Az-/c DRAWDY BROTHERS' BUSINESS PROPERTIES, LLLP IT'S The foregoing instrument was acknowledged before me this Y ` day of )' ' , 2011, by r% 1.10 1,/ it's who is N: peg rsonaliy know` to me orwho has produced a drivers license issued within the last five 6 years as identification. My Commission Expires EXECUTED by PURCHASER this ATTEST: day of , 2011 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 7 EXHIBIT "A" MIDWAY ROAD PARCEL 110 THAT PART OF: "A PARCEL OF LAND IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE,40 EAST, ST. LUCIE COUNTY, FLORIDA: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1 A OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. LESS MIDWAY ROAD RIGHT-OF- WAY." (SAID PROPERTY BEING THE SAME LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2933, PAGE 246 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.) DESCRIBED AS FOLLOWS: COMMENCE AT A MAGNETIC NAIL AND BRASS WASHER STAMPED "GCY LB4108" IN A CONCRETE CURB MARKING THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE RUN NORTH 00'12'49" WEST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 2644.30 FEET TO A POINT ON THE CENTERLINE OF SURVEY OF MIDWAY ROAD AS SHOWN ON ST. LUCIE COUNTY RIGHT OF WAY MAP, COUNTY JOB No. 0618; THENCE DEPARTING SAID EAST LINE RUN SOUTH 89°51'33" WEST ALONG SAID CENTERLINE OF SURVEY A DISTANCE OF 1317.44 FEET; THENCE RUN NORTH 89°35'55" WEST AND CONTINUE ALONG SAID CENTERLINE A DISTANCE OF 2.24 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF THE.SOUTHEAST 114 OF SAID SECTION 5; THENCE DEPARTING SAID CENTERLINE OF SURVEY RUN SOUTH 00°10'20" EAST ALONG SAID EAST LINE A DISTANCE OF 40.00 FEET TO A POINT. ON THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF MIDWAY ROAD AS SHOWN ON SAID RIGHT OF WAY MAP FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 00*1020" EAST ALONG SAID EAST LINE A DISTANCE OF 55.00 FEET; THENCE DEPARTING SAID EAST LINE RUN NORTH 89°35'55" WEST PARALLEL WITH THE AFORESAID CENTERLINE OF SURVEY A DISTANCE OF 329.95 FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 5, ALSO BEING THE EAST LINE OF LOT 98 OF WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND SHOWN ON SAID RIGHT OF WAY MAP; THENCE RUN NORTH 00°09'42" WEST ALONG SAID WEST LINE A DISTANCE OF 55.00 FEET TO A POINT ON THE AFORESAID EXISTING SOUTHERLY RIGHT OF WAY LINE OF MIDWAY ROAD; THENCE DEPARTING SAID WEST LINE RUN SOUTH 89035'55" EAST ALONG SAID EXISTING RIGHT OF WAY LINE A DISTANCE OF 329.94 FEET TO THE POINT OF BEGINNING. CONTAINING 18,147 SQUARE FEET, MORE OR LESS. EXHIBIT "B" Cost to Replace Site Improvements and Acquisition of Property Concrete driveway 1,960+/- sf Concrete border planter - 68 linear feet Sod - estimated to cover 15,900 square feet Sub -total contributory/depreciated value of site improvements= PLUS: Landscaping including specimen trees and shrubs PLUS: Total contributory/depreciated value jof all site improvements= Note: cost to move sign is included as a cost to cure The average price per sq ft of th e Total Value jof the Acquisition (rounded) $5,100.00 $ 500.00 3 500.00 $9,100.00 $19,046.00 $28,146.00 68,900.00 $ 3,000.00 100, 000.00 Note: within the road construction project St. Lucie County will replace driveways, culverts and utility connections located within the right of way and for this reason it is not included in compensation for the existing driveway, culvert, and utility connections with the right of way. 9 EXHIBIT "C" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES � I k 10 EXHIBIT vol)" CONTRACTS, LICENSES AND AGREEMENTS 11 EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 12 EXHIBIT "F" POLICIES OF INSURANCE 13 ADDENDUM This Addendum to Contract for Sale and Purchase for Real Property Acquisition between Drawdy Brothers' Business Properties, LLLP, Seller, and St. Lucie County, a political subdivision of the State of Florida, Purchasers, and whereas it is further agreed as follows: 1. The parties acknowledge that there is currently a sign located on the real property being conveyed herein. It is understood and agreed that the Seller shall retain ownership of said sign as it is the intention of the Seller to move the sign to the Seller's remainder property. The Seller shall remove the sign from the property being purchased by the Purchaser within forty five (45) days of notice to do so provided by Purchaser to Seller. This provision shall survive the closing of the transaction. 2. At closing, Purchaser shall pay the sum of $3,280.00 as attorney's fees to Neill, Griffin, Tierney, Neill & Marquis, for their representation of the Sellers in this transaction. In witness whereof, the parties have hereunto set their hands and seals the date and year indicated. St. Lucie County, a political subdivision of the State of Florida By: _ Date: Drawdy Brothers' Business Properties, LLLP f By: Date: i 1— Sp - By: ADDENDUM TT This Addendum to Contract for Sale and Purchase for Real Property Acquisition between Drawdy Brothers' Business properties, LLLP, Seller and St. Lucie County, apolitical subdivision of the State of Florida, Purchasers and whereas it is further agreed as follows: 1. To change the closing date of the Contract for Sale and Purchase from January 18, 2012 to February 24, 2012. St, Lucie County, apolitical subdivision of the State of Florida By: Chairman Date: Drawdy Brother' Business Properties, LLLP Date: l r 3 /Z By; u Date: r FULLER-ARMFIELD-WAGNER Appraisal & Research, Inc. Daniel D. Fuller, MAI, SRA 120 North Second Street Phone (772) 468-0787 State -Certified General Fort Pierce, FL 34950 1-800-273-7364 Real Estate Appraiser RZ567 email: FAW_appabellsouth.net Fax (772) 468-1103 November 23, 2011 St. Lucie County Board of County Commissioners C/o Ms, Jan LiCausi, Acquisition Agent 2300 Virginia Ave. Fort Pierce, FL 34982 RE: 2035 West Midway Rd. St Lucie County, Florida— (Drawdy — Parcel 110) FAW appraisal 19287 — Drawdy — dated August 15, 2011 Dear Ms. LiCausi: As per your request, the following is an Addendum to the referenced appraisal of the partial acquisition of the above addressed property under the ownership of Drawdy Brothers Business Property. All Limiting Conditions, Extraordinary Assumptions, and Certification remain as reported in the referenced appraisal report and by reference become applicable to this Addendum. The purpose of this Addendum is to address the owner's offer to settle for a total compensation of $100,000, with the owner's opinion the value of the land area acquired; $4.00 per square foot. • The owner's opinion of value of $4.00 per square foot is within the upper end of the range of the data analyzed, and because a great deal of uncertainty exists in the market, the subject's value could fall towards the upper end of the range of the data. • Further, the owner's total offer of $100,000 can be analyzed as follows. Offer - $100,000 Less: Contributory value of site improvements - $ 28,146 Less: Cost to Cure - $ 3.000 Net Offer to Site Acquired $ 68,854 Net offer to site acquired of $68,854 / 18,147 sf of site acquired = $3.79 / sf which is well within the range of the data and reasonably close to my opinion of the value of the site acquired. Therefore, it is my opinion the owner's settlement offer is within my range of value and a reasonable offer. If there additional questions, please contact me at your convenience. Daniel D/ Fuller, MAI State -Certified General Real Estate Appraiser RZ567 LAW OFFICES NEILL, GRIFFIN, TIERNEY, NEILL & MARQUIS CHARTERED 311 SOUTH SECOND STREET SUITE Zoo RICHARD V. NMI-L*o FORT PIERCE, FLORIDA 340$0 MAILING ADDRESS: CHESTER 0, GRIFFIN'0 POST OFFICE BOX 1270 J. STEPHEN TIERNEY. III RICHARD V.NEILL, JR FORT PIERCE, FL 34954 RENE`E MAROUI5-AHRAM TELEPHONE (772) 464-8200S' FAX (772) 464-2566 JAY T. HOLLENKAMP +BOARD =RTIFICD WILXZ, TR(== a r PATES LAWYER November 15 2011 'CERTIFIED CIRCUIT CIVIUCOUNTY COURT MEDIATOR d HOARD CERTIFIED TAXATION LAWYER *BOARD CERTIFIED CIVIL TRIAL LAWYER OOF COUNSEL Via Facsimile 772-462-1440 Janet LiCausi, Property Acquisition Agent St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, FL 34982 RE, Acquisition of Lands by St. Lucie County Midway Road Project, Parcel ID#: 3405-421-0001-0002 Drawdy Office lark Dear Ms. LlCausl: I have been able to review the appraisal provided by Mr. Fuller in connection with the above with my clients. Although we feel that the appraisal was very professionally done, we do have arguments with the final conclusion. The appraisal lists comparable sales, a contract and some. listings, but finally relies most heavily on sale number 2, and adopts its square foot value, when that property was decidedly inferior to my clients' property, The Drawdys have not only been in. the construction business, but have been very active in the purchase and sale of real estate tracts in St. Lucie County for some time. I have had great respect for their ability to evaluate real estate and I am often reminded of something nay father used to tell me "money is smarter than appraisers". The subject property is in a unique location and one my clients settled on after an extended exercise of due diligence, Its location on. Midway Road gives it ready access to 25" Street, U.S. 1 and I-95. Being in the construction business, it was important to my clients that something with their name on it would have aesthetic appeal to potential customers. Sale number 2, upon which the appraisal relies, is properly on Edwards Road, which must not only be considered a poor location from a. potential business standpoint, but is also less appealing. The appraiser notes that it is a triangular piece, which is not conducive to high marketability. The appraiser notes that generally speaking, smaller pieces sell for higher prices per square foot. That is not true if a larger piece is a more optimum size for development, The Drawdys feel that the size of their property before the taking was optimum for not only what they were trying to achieve in their development, but for most any developer of property for that use. For these reasons, my clients believe that sale number 1 would be a much better indication of value as it has frontage on Midway Road and otherwise has minor positive and negative adjustments to it. That property indicated a square foot price of $4.16. The Drawdys feel that a fair value on their properly would be $4.00 per square foot based not only on that sale, but their understanding of the current market, My clients felt that some of the estimations for site improvements were a little on the low side, however, they do not feel it is worth arguing about. 'therefore, they would accept the value of site improvements at $28,146.00 and the cost to cure of$3,000.00. This would indicate a total value of $103,734.00, which consists of land value of the 18,147 square feet at $4.00 per square foot of $72,.588.00; site improvements of $28,146.00 and costs of cure of $3,000.00. Based on this, my clients would be agreeable to enter into an agreement at a total sale price of $100,000.00, which would provide that they could keep title to the sign for purposes of Moving it. In addition, we would expect the County to pay $3,280.00 in attorney's .fees as part of the full and complete compensation. There have been no costs incurred at this point as we have not hired an appraiser or other expert. Please let me know if we can resolve this matter on that basis. Dstevhen Tierney, ] �JST/mlh cc: Phil.Drawdy PROJECT NAME: Midway Road Improvements PARCEL: Vince Peterson and Carson J. Peterson Parcel 3406-501-0030-100/3(portion) CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2011, VINCE PETERSON and CARSON J. PETERSON, his wife, whose mailing address is 4911 Selvitz Road, Fort Pierce, FL 34981-4808 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Fourteen Thousand 00/100 Dollars, determined to be the rounded total of the following: $14,000.00 Real Property Parcel 1.D.3406-501-0030-100/3 (portion of) $4,200.00 Other Improvements upon the Land (Exhibit "B") (rounded) *7 County will replace, at the County's expense driveway and culverts located within right-of-way. payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration's as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and 2 charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before January 31, 2012 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEYS FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have 3 because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 4 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required documents, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the 5 activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of. canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. 6 IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. Jan Lk" � EXECUTED by SELLER this day of C2 , 201 . Witness Witness Witness Witness STATE OF P o6Zt-bA COUNTY OF 5i L.t)C( //1,1� C-t— 9=== NCE PETERSON CARSON J. PETERS The foregoing foregoing instrument was acknowledged before me this � day of �l+V , 20fj,, by VINCE PETERSON and CARSON J. PETERSON, who is personally known to me or who has produced a driver's license issued within the last five years as identification. My Commission Expires a =MARIAN SWAIN Notary Public - State of Florida My Comm. Expires Apr 29, 2013 Commission # DD 662325 Bonded Through National Notary Assn. Nota Public (Printed, Typed or Stamped Name of Notary Public) EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK day of , 2011 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY EXHIBIT "A" Parcel I.D. 3406-501-0030-100/3(portion of) MIDWAY ROAD PARCEL 123 LEGAL DESCRIPTION: THAT PART OF: THE SOUTH 150.00 FEET OF THE NORTH 750.00 FEET OF LOT 16, ALL LOCATED IN THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, IN MODEL LAND COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 34, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 50.00 FEET THEREOF FOR SELVITZ ROAD RIGHT OF WAY. (SAID PROPERTY BEING A PORTION OF THE SAME LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3289, PAGE 248 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA). DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND RAILROAD SPIKE IN A PAVEMENT CUT-OUT MARKING THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE RUN SOUTH 00009'07" EAST ALONG THE EAST LINE OF SAID SECTION 6, ALSO BEING THE CENTERLINE OF SURVEY OF SELVITZ ROAD AS SHOWN ON ST. LUCIE COUNTY RIGHT OF WAY MAP FOR MIDWAY ROAD, COUNTY JOB NUMBER 0618, A DISTANCE OF 1958.06 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH 750.00 FEET OF SAID LOT 16; THENCE DEPARTING SAID EAST LINE AND SAID CENTERLINE OF SURVEY RUN SOUTH 89057'49" WEST ALONG SAID NORTH LINE A DISTANCE OF 50.00 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF SAID SELVITZ ROAD AS SHOWN ON SAID RIGHT OF WAY MAP FOR A POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE RUN SOUTH 00009'07" EAST ALONG SAID EXISTING WEST RIGHT OF WAY LINE A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 750.00 FEET OF SAID LOT 16; THENCE DEPARTING SAID EXISTING WEST RIGHT OF WAY LINE RUN SOUTH 89057'49" WEST ALONG SAID SOUTH LINE A DISTANCE OF 25.00 FEET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 00009'07" WEST PARALLEL WITH THE AFORESAID EAST LINE OF SECTION 6 AND CENTERLINE OF SURVEY OF SELVITZ ROAD A DISTANCE OF 150.00 FEET TO A POINT ON THE AFORESAID NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH 750.00 FEET OF SAID LOT 16; THENCE RUN NORTH 89057'49" EAST ALONG SAID NORTH LINE A DISTANCE OF 25.00 FEET TO A POINT ON THE AFORESAID EXISTING WEST RIGHT OF WAY LINE OF SELVITZ ROAD AND THE POINT OF BEGINNING. CONTAINING 3750 SQUARE FEET, MORE OR LESS. EXHIBIT "B" Cost to Replace Site Improvements and Acquisition of Property 160 linear feet of chain link fence 2 - 5 feet chain link gates fence sections electric wiring and two spotlights 40 feet of PVC water service pipe 400+/- square feet of marl driveway 3,300+/- square feet of sod Sub -total contributory/depreciated value of site Improvements Landscape, Trees/Shrubs Total contributory/depreciate value of all site improvements Replacement cost or Cost to Cure $1,600.00 $ 400.00 $ 600.00 $ 100.00 $ 200.00 500.00 $3,400.00 3 050.00 $6,450.00 3 300.00 Value of site = $49,000 per ac x 0.086ac .= $4,200. (Rounded) $4,200.00 (Rounded) Total $14,000.00 Within the existing right-of-way to the street pavement there is a poured concrete driveway and a 30+/-feet x 16 inch culvert - these items are to be replaced by St. Lucie county thus not included in the taking of compensation. 10 EXHIBIT 61cpy SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 1�11k 'le 11 EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS 12 EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 13 EXHIBIT "F" POLICIES OF INSURANCE / (,t, (),w e-r5 emsI 4��Wl 14 Y TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks, Recreation & Facilities ITEM NO. VI-Cl DATE: 01/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Guy D. Medor Parks Manager -North Division Digital Domain Park - Proposed Pricing for the 2012 Baseball Season See attached memorandum. N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Sterling Facility Services, LLC's proposed 2012 pricing for tickets, souvenirs, parking, programs, and concessions at Digital Domain Park, as outlined in the agenda memorandum. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA\\ County Administrator Coordination/Signatures OMB Director County Attorney (X) Budget Analyst ( ) Daniel McIntyre Originating Dept. (X) Purchasing ( ) e inn Lowery Marie Gouin Melissa Simberlund Parks, Recreation & Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Lee Ann Lowery, Assistant County Administrat0. FROM: Guy D. Medor, Parks Manager -No DATE: January 17, 2012 SUBJECT: Digital Domain Park - Proposed Pricing for the 2012 Baseball Season ITEM NO. VI-Cl Background: In accordance with contract CO3-08-457, dated August 1, 2003, and amended on September 27, 2011, between the County and Sterling Facility Services (SFS), LLC, the proposed concessions and ticket pricing for the 2012 baseball season is submitted to the Board for approval. See attached memorandum from SFS, dated December 1, 2011. Per the terms of the contract, the County receives the following percentages of revenues: • 30% of tickets • 30% of programs • 20% of concessions • 20% of promotions • 7.5% of catering & bar • 14% of souvenirs • 20% of sub -contractor vendors • 50% of parking revenues The 2012 proposed prices are as follows: Spring Training Tickets: Location 2011 2012 Season Premium Box 1` 3 rows (101-105) $25 $25 $385 Lower Level Reserve Sections 101 —113 $18 $20 $315 Field Level Terrace (new) Sections 114 —124 $20 $20 $315 Upper Level Reserved Sections 201 — 213 $12 $15 $240 General Admission Berm $ 6 $ 8 $132 April 3, 2012 - New York Mets vs New York Yankees - Premium pricing will apply as follows: Premium Box $35 Field Level Terrace and Lower Level Reserve $35 Upper Reserve $30 Admission $20 f Page 2 Memorandum VI-Cl St. Lucie Mets Ticket Prices: 2011 2012 Reaular Admission: Premium Seating (1st 3 rows-101-113) $ 8 $ 8 Adult General Admission $ 6 $ 6 Children General Admission $ 4 $ 5 Independence Day - Fireworks Niaht: Premium Box $10 $10 General Admission $ 8 $ 8 Season Tickets: $200 $210 Programs: Spring Training Program $5 St. Lucie Mets Scorecard $1.50 Parking: $6 Spring Training - $90 for the season St. Lucie Mets - no charge (July 4th - $3) Concessions: Of the 55 menu items, eight were increased by $.50, six were increased by $1, and one was increased by $2 during spring training and minor league season. Recommendation: Board approval of Sterling Facility Services, LLC's proposed 2012 pricing for tickets, souvenirs, parking, programs, and concessions at Digital Domain Park, as outlined in this agenda memorandum s :- STERLING FACILITY SERVICES, L.L.0 December 1, 2011 Faye Outlaw 5t. Lucie County, County Administrator 2300 Virginia Ave. Fort Pierce, F134982-5652 Dear Faye, Attached, per the facility use agreement, are the 2012 proposed pricing structure for the following areas of operation: ticket, parking, programs and concessions, as well as a calendar of events and a list of the dignitary seating. I will notify your office if any changes or additions occur to the calendar of events. If you have any questions please do not hesitate to call. you, Paul Tag ri Director of Florida Operations 523 NW Peacock Blvd. • Port St. Lucie, Florida 34986 • (772) 871-5473 • Fax (772) 871-5477 STERLING FACILITY SERVICES, L.L.0 2012 Ticket Pricing Spring Training ticket prices Description Location Price per game Price for season Premium Box First 3 rows of sections 101— 105 $25.00 $385.00 Field Level Terrace Sections 114 —124 + New Area $20.00 $315.00 Lower Reserve Sections 101-113 $20.00 $315.00 Upper Reserve Sections 201— 213 $15.00 $240'00 General Admission Bleacher / Berm $8.00 1 $132.00 April 3, 2012 vs. New York Yankees • Premium pricing will apply to this game as follows: Premium Box - $35, Field Level Terrace and Lower Reserve - $35, Upper Reserve - $30, General Admission - $20 St. Lucie Mets ticket prices Regular Admission: Premium Seating (first three rows of sections 101-113) - $8.00 Adult General Admission - $6.00 Children and Seniors General Admission - $5.00 Independence Day Fireworks Night: Premium Seating - $10.00 General Admission - $8.00 Season Tickets - $210.00 Programs Spring Training program - $5.00 St. Lucie Mets scorecard - $1.50 Parking Spring Training - $6.00 per game / $90.00 for the season St. Lucie Mets — no charge (July 4`h : $3.00) 523 NW Peacock Blvd. • Port St. Lucie, Florida 34986 • (772) 871-5473 • Fax (772) 871-5477 . UL'/EJ -r STERLING FACILITY SERVICES, L.L.0 Dignitary Seating Name Position # of Seats Location Michelle Berger City Council 2 105 F 5,6 Linda Bartz Vice Mayor 2 105 G 5,6 Shannon Martin City Council 2 105 F 9,10 Jerry Bentrott City Manager 2 105 G 7,8 Jack Kelly City Council 2 105 F 7,8 Roger Orr City Attorney 2 103 D 12,13 Chris Craft County Commissioner 2 102 E 9,10 Tod Mowery County Commissioner 2 102 E 11,12 Fran Hutchinson County Commissioner 2 102 D 7,8 Paula Lewis County Commissioner 2 102 D 9,10 Ken Mascara County Sheriff 2 110 F 19,20 Dan McIntyre County Attorney 3 104 H 7-9 JoAnn Faiella Mayor, City of PSL 2 103 D 10,11 Faye Outlaw ounty Administrator 2 102 G 8,9 Chris Dzadovsky County Commissioner 2 104 F 7,8 Leann Lowery Asst. County Administrator 2 102 G 6,7 Brian Reuther Chief of Police 2 103 E 9,10 * Please cross out any dignitaries that no longer need to be on the list and write in any additional or new dignitaries that need to be added. Please return with any changes to the Mats office at Digital Domain Park. Name Position # of Seats Location 523 NW Peacock Blvd. - Port St. Lucie, Florida 34986 - (772) 871-5473 - Fax (772) 871-5477 STERLING FACILITY SERVICES, L.L.0 2012 Preliminary Schedule of Events • January: Minor League Mini Camp • January: Fantasy Camp (1 week) • January: Major League Mini Camp • February — March: New York Mets Spring Training • April — June: Extended Spring Training • April — September: St. Lucie Mets (Florida. State League) • June — September: Gulf Coast Mets (Gulf Coast League) • October: Instructional League 523 NW Peacock Blvd. • Port St. Lucie, Florida 34986 • (772) 871-5473 • Fax (772) 871-5477 4 STERLING FACILITY SERVICES, L.L.0 2012 Menu Prices Menu Item Spring St. Lucie Hot Dog 7:1 $ - $ 2.75 Jumbo Hot Dog 5:1 $ 3.75 $ 3.75 Italian Sausage $ 6.00 $ 5.00 Hamburger $ 5.00 $ 4.00 Cheeseburger $ 5.00 $ 4•00 French Fries $ 4.50 $ 4.00 Nachos $ 4.00 $ 4.00 Nacho Grande $ 5.00 $ 5.00 Frank & APs Pizza $ 5.50 $ 5.00 Com Dog wtfries $ 4.00 $ 4.00 Knish $ 4.00 $ 3.00 Cheesesteak $ 6.00 $ 6.00 Grilled Chicken Sandwich $ 6.00 $ 6.00 Chicken Fingers w/fries $ 7.00 $ 6.60 Hot Dog Nuggets $ 4.00 $ 4.00 Shrimp & Fries $ 7•00 $ 6•50 Onion Rings $ 4.00 $ 4.00 Deli Wrap $ 6.00 $ 5.00 Mozzarella Sticks $ 4.00 $ 4.00 Wings $ 6.00 $ 5.00 Caesar Salad $ 6.00 $ 5.00 Taco in a Helmet $ 6.00 $ 6.00 Dirt in a Helmet $ 4.00 $ 3.00 Popcom Tub $ 3.50 $ 3.50 Popcom Box $ 2.00 $ 2.00 Countertop Snacks $ 2.00 $ 2•00 Fried Pickles $ 4.00 $ 4.00 Peanuts $ 3.50 $ 3.50 Cracker Jacks $ 3.00 $ 3.00 Fruit Salad $ 4.00 $ 3.00 Funnel Cake $ 5.00 $ 5.00 Cotton Candy $ 3.00 $ 3.00 Candy $ 3.00 $ 3.00 Soft Pretzel $ 3.50 $ 2.50 6oz Italian Ice $ 3.00 $ 3.00 Souvenir Ice $ 4.50 $ 4.50 16oz Lemonade $ 3.00 $ 3.00 24oz Lemonade $ 4.00 $ 4.00 32oz Lemonade $ 5.00 $ 5.00 Coffee $ 1.50 $ 1.50 Bottled Soda $ 4.00 $ 3.00 Bottled Water $ 3.50 $ 2.50 Gatorade $ 4.00 $ 3.00 22 oz Soda $ 3.50 $ 3.00 32oz Souvenir Soda $ 4.60 $ 4.50 24oz Souvenir Beer $ 7.00 $ 6.00 Domestic Bottled Beer $ 6.50 $ 5.00 Imported Bottled Beer $ 7.00 $ 6.00 Bucket of Beer $ 30.00 $ 22.00 Wine $ 6.50 $ 5.50 Mixed Drink $ 7.00 $ 5.00 Double Mixed Drink $ 12.00 $ 9.00 Voodoo Bucket $ 14.00 $ 11.00 Frozen Cocktail $ 7.00 $ 6.00 Smoothie Drink $ 6.00 $ 5.00 523 NW Peacock Blvd. • Port St. Lucie, Florida 34986 • (772) 871-5473 • Fax (772) 871-5477 2012 NY METE SPRING TRAINING SCHEDULE www.DiaitalDomainPark.com (772) 871-2115 1 2 3 4 5 6 BRD BRD 6:30 6:30 8 12 13 14 OFF 0 'N PMB PMB PMB 6:35 6:35 6:35 is 16 17 18 CHA CHA CHA OFF v 6:30 6:30 6:30 i g Wm 25 2 27 28 JUP JUP JUP FTM 6:35 6:35 6:35 6:05 29 30 FTM FTM 1:05 7:06 JUNE NEW A I.. CHA 6:30 1 10 11 j-, 15 16 CHA CHA FSL FSL 5:30 6:30 ASG ASG 17 18 19 20 k 411, ? ON FSL BRD BR) BRD ASG 6:30 6:30 10:00 28 JUP 29 JUP 30 JUP 6:36 12: 6-36 AUGUST MAY IM 8 9 10 11 12 BRE BRE BRE BRE BRD 6:36 10:36, 6:35 6:35 6:30 13 1-2'- 17 18 19 OFF LAK LAK LAK 6:30 7:11 6,30 20 21 22 23 24 LAK DAY DAY DAY DAY 1:00 7:05 10:35 7:06 7:06 A-M".-" 28 29 30 31 OFF PMB PMB PMB 6:35 6:35 6:35 JULY F—m F11-77 1 2 3 f y- FTM FTM FTM 4:05 7:06 7:05 IS 8 9 10 11 BRD BRD OFF TAM TAM TAM TAM 5:00 6:30 1 7:00 7:00 7:00 6:00 DUN DUN DUN 6:35 6:36 6:00 22 DUN 6:00 x tmm 30 31 CLR CLR 7:00 7:00 SEPTEMBER 1111,11", d llIl AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Capital Budget BACKGROUND: See attached memorandum. ITEM NO. VI-D1 DATE: 1 /17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.E. County Engineer 144P FUNDS AVAILABLE: Lennard Rd. (PSL HS to Bromeliad Cir.) $400,000-101006-4116-563000-114603 funding from 101006-4116-563000-1905 (Impact Fees Projects TBD) Widening of Midway Rd. (Glades to Selvitz) $600,000 - 101006-4116-563000-114604 funding from 101006-4116-563000-1905 (Impact Fees Projects TBD) Juanita Ave. Sidewalk $75,000 - 101006-4116-563000-114605 funding from 101006-4116-563000-1905 (Impact Fees Projects TBD) Oleander Ave. Drain. (Bell Ave. to Edwards Rd.) $200,000 - 102001-3725-563000-113603 funding from 102001-9910-599300-800 (Stormwater Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of capital projects CIP12-028 to CIP12-031. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED (.) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator County Attorney (x ) Coordination/Signatures l OMB Director Budget Analy st st Y Daniel McIntyre Originating Dept. ( x)' " (Donelld West Capital Budget Corrections. ag (x) mo-Z4� Marie Gouin County Engineer ( x) MVP JK Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director. FROM: Michael Powley, County Engineer��if� DATE: January 17, 2012 1" SUBJECT: Capital Budget ITEM NO. VI-D1 Background: During the Strategic Planning session in July 2011, Public Works staff presented a proposed Capital Improvement Plan (CIP). The presentation included three new CIP projects: • Lennard Road extension (Port St. Lucie High School to Bromeliad Circle) • Midway Road Widening (Glades Cut-off Road to Selvitz Road) • Juanita Avenue Sidewalk extension (21st Street to LIS-1) With the conceptual approval received then, it is our desire to formally incorporate them into the CIP. Attached please find four Capital Project Summary forms (CIP 12-028 through CIP 12-031) for the three projects discussed above as well as the fourth discussed below (Attachment A). One project was not discussed in the Strategic Planning session; the Oleander Avenue Drainage Pipe Replacement. This pipe was only recently identified through a reported failure. It runs almost the entire length of Oleander Avenue on the west side between Bell Avenue and Edwards Road and serves as a driveway culvert for the many businesses that exist within the aforementioned limits. The pipe is in excess of 25 years old and could severely impact many businesses if it were to fail again ahead of our replacement project. It is imperative that design for its replacement be implemented quickly. Sources of funding for these projects include Stormwater Reserves and Road Impact fees. Recommendation: Board approval of capital projects CIP12=028 to CIP12-031. ATTACHMENT A ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Weatherbee Road Sidewalk BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 318-4113-563000-470--Capital PUBLIC HEARING LEG. QUASI -JD CONSENT VI-D2 1/17/12 PRESENTED BY: Michael Powley, P.E�� County Engineer PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to reject all bids and rebid the Weatherbee Road Sidewalk project. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney (x ) ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator .•Coordination/Signatures OMB Director Budget Analyst Daniel McIntyre Originating Dept. ( x) DonA Id West Weatherbee Sidewalk reject bids.ag County Engineer (X) (x) PL Marie uin (x) im Michael Powley .51 Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: Michael Powley, County Engineer DATE: January 17, 2012 SUBJECT: Weatherbee Road Sidewalk ITEM NO. VI-D2 Background: On December 14, 2011, bids were opened for the referenced project. We have a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for reimbursement of approximately $1.1 million. While 48 plan sets were provided to contractors, only four bids were received (Attachment A). All bids were significantly higher than our design consultant engineer's estimate of $1.3 million. Compounding matters, FDOT made significant changes to their website during our bidding that may have affected our pre - qualification requirements dictated by our grant. It is our desire to clarify the pre -qualification requirements, make minor modifications to our plans to reduce the costs, and to rebid the project. Our grant agreement with FDOT has ample time for this effort. Previous Action: April 3, 2007 - Grant application to FDOT — Safe Routes to School Program. May 13, 2008 - Change of the funding schedule from FY 09/10 to FY 10/11 for optimal use of grant funding. March 3, 2009 - Local Agency Program (LAP) Agreement #423197-1-38-01 in the amount of $153,000 for the design and Commission Resolution #09-055. December 15, 2009 - Board approval to advertise for RFQs for Weatherbee Road sidewalk design. October 4, 2010 - Board approval to enter LAP agreement for construction. December 6, 2011 - Board approval of Work Authorization No. 2 with Milestone Construction Group, LLC for Construction Management services in the amount of $176,421 for the Weatherbee Road Sidewalk project. 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A O O m O m U 0 O a O O 0 O W U 0 a O O m 0 0 O O 0 O 0 0 O U 0 0 a 0 0 0 o O 0 0 N O U ip O O O J O m U O O m D m U m N 0 O 0 0 O O m N O O O O O O O O O O O O O O O O O O N O N O a 0 O O 0 0+ O O 0 U O 0 O 0 O 0 0 tJ O O O O O U O O tJ O w w w w w w w a+ en w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w En w w w w cn to w w w w �n w w w AO N W+ A Ol N -• P N O w N O A m O N A W N P N N(� O> d tm0 N N+ V j W O -+ W O O O O A W O N N+ N m V m m m N A m O -• O V m OOo A N p+ N U o+ O 0 0 m m �O O O O N A m O O O O O U O O A O O O O O O O m O O O O O O O O P+ O O t0 O O U O O O m+ O N Oo O Oo fNn O lm» m O O O O O O O O O O O O O 0 a 0 0 0 0 0 0 O O O O O O O. O O o IN TO: SUBMITTED BY: SUBJECT: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Community Services/Housing Division VI -Ell 1/17/12 PUBLIC HEARING ( ) .LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Diana Wesloski Housing Manager Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) loth Street Roadway Reconstruction BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001519-5420-583000-500 - CDBG DRI Fay PREVIOUS ACTION: March 23, 2010 - Board approval of the interiocal agreements with the City of Fort Pierce and City of Port St. Lucie. RECOMMENDATION: Board approval to reject and re -bid Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Bid No. 11-031 COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER County Attorney ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Slanatures OMB Director () 04 Budget Analyst Danid4 S. McIntyre Originating Dept. ( ) Beth Ryder Marie Gouin l� Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, DirectoIC/ FROM: Diana Wesloski, Housing Manager PqA-Al DATE: 01 /17/2011 SUBJECT: Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) 10th Street Roadway Reconstruction ITEM NO. VI -El Backaround: St. Lucie County was granted $8,058,428 in CDBG DRI funds for recovery projects as a result of Tropical Storm Fay. The County is the primary recipient and administers the entire grant. In partnership with the City of Fort Pierce and Port St. Lucie, the funds were designated for five (5) infrastructure projects. On March 23, 2010, the Board approved an interlocal agreement between St. Lucie County and the City of Fort Pierce and Port St. Lucie to provide funding for the 10"' Street Roadway Reconstruction Project, one of the five approved projects. On October 9, 2011 Bid No. 11-031 was advertised. Bids were due on November 16, 2011. The bids received came in over budget and the two lowest bidders were deemed non -responsive. The scope of work for the re -bid will specify that the gas and electrical relocation work will be completed by Fort Pierce Utilities Authority (FPUA) as approved by the Department of Economic Opportunity (DEO). Recommendation Board approval to reject and re -bid Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Bid No. 11-031 Attachment: Tabulation Sheet Letter from FPUA requesting permission to complete the gas and electric relocation. Approval letter from DEO granting FPUA's request. BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #11-031 IO h STREET ROADWAY RECONSTRUCTION OPENED: NOVEMEBER 10, 2011 AT 2:00 PM Six (6) submittals were received for subject proposal: PURCHASING DEPARTMENT Total Bid Amount SUNSHINE LAND DESIGN INC. 3291 SE Lionel Terrace, Stuart, FL 34997 $2,268,006.09 Tel:772-283-2648 Fax: 772-288944 GUETTLER BROTHERS.CONSTRUCTION LLC 01 Whiteway Dairy Road, Fort Pierce, FL 34947 $2,299,092.10 Tel: 772-461-8345 Fax: 772461-8039 FELIX ASSOCIATES OF FLORIDA INC. 8526 SW Kansas Ave., Stuart, FL 34997 $2,640,581.73 Tel: 772-220-2722 Fax: 772-220-2728 GIBBS & REGISTER INC. 232 South Dillard Street, Winter Garden, FL 34787 '407-654-6133 $2,740,544.50 Tel: Fax: 407-905-2941 DICKERSON FLORIDA INC. P.O. Box 910, Ft. Pierce, FL 34954 $2,897,347.00 Tel: 772-429-4444 Fax: 772-429-4445 COMMUNITY ASPHALT CORPORATION 5100 29 Court, Vero Beach, FL 32967 $2,996,540.56 Tel: 772-770-3771 Fax: 772-770-3707 Number of companies notified*: 608 Number of bid documents distributed*: 62 Number of bids received: 6 *per demandstar.com CHRIS DZADOVSKY, District No.1 #TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No, 3 #FRANNIE HUTCHINSON, District No. 4 #CHRIS CRAFT, District No. 5 County Administrator— FAYE W. OUTLAW, MPA 2300 Virginia Avenue — Fort Pierce, FL 34982-5852 — Phone (772) 462-1700 — TDD (772) 482-1428 Website: www.co.st4ucie.fl.us 1701 South 37"' Street Phone: 772.466.1600 PO Box 3191, Fort Pierce, FL 34948 Fax: 772.461.1938 Electric Engineering "Committed to Quality" December 14, 2011 Diana E. Wesloski Housing Manager SLC Housinf and Community Services Department 437 North 7 Street Fort Pierce, FL 34950 Re: 10° Street Reconstruction Project —Electric and Gas Relocation FPUA Project Number: 20090078-1 Dear Ms. Wesloski, The Fort Pierce Utilities Authority (FPUA) is always in favor of change that would benefit the community. The joint IO h Street, Delaware Avenue to Canal Terrace, project that the City of Fort Pierce and St. Lucie County are working on is a prime example of community improvement and development. FPUA shares the vision to move forward in providing a more reliable infrastructure in St. Lucie County. FPUA does understand the funding requirements for this project, however, we are concerned about the special requirements of the proposed work on the electric and gas distribution systems. FPUA normally does its own work and is very concerned regarding the public safety, workmanship, liability and warranty associated with this type of construction. Having both Electrical and Gas Engineering and operating departments, we believe it would be in the best interest of the community for FPUA to utilize our existing resources for this construction work. This will ensure that the workmanship will meet the safety requirements for construction and coordination of electric switching and gas service interruptions. FPUA is offering to provide all the materials and labor to complete this work, according to the design plans, for $232,000. If you have any questions, please feel free to contact me at (772) 466-1600, ext. 6396 or email: bbaldwin®FPUA.com. Sincerely, AA�_;l V�_ William E. Baldwin, PE Supervising Engineering cc: Tracy Telle, Assistant City Engineer Javier Cisneros, PE, Assistant Supervising Engineer - FPUA Paul Laguerre, Sr. Engineering Technician - FPUA www. 1pua. coin �Y Our mission is to provide our customers with economical, reliable and friendly service in a continuous q_y effort to enhance the quality of life in our community. PP.. ProvKlr Rick Scotts, Doug Darling GOVERNOR E �� EXECUTIVE DIRECTOR FLORIDA DEPARTMENT#/ ECONOMIC OPPORTUNITY December 20, 2011 DEC 2 7 20111 The Honorable Chris Dzadovsk3' St tueb County Chairman, St. Lucie County Board of County Commissioners CommunRy Servlcet 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Community Development Block Grant (CDBG)/Disaster Recovery Initiative Contract #1ODB-K4-10-66-01-K 35/St. Lucie County Sole -Source. Procurement — Construction Dear Chairman Dzadovsky: The Department has reviewed the sole -source request regarding procurement of construction services for the IO'h Street Reconstruction (Gas and Electric Relocation) project. In the County's letter dated December 14, 2011, it stated that this procurement has special requirements for the proposed work on the gas and electric distribution systems within the City of Fort Pierce. The Ft. Pierce Utilities Authority (FPUA) usually operates and completes its own work and they have expressed concern in overall public safety, workmanship and liability that will impact the associated warranty with this type of construction. Under C.F.R. 24 Part 85'.36(b) (5), to foster greater economy and efficiency, grantees and subgrantees are encouraged to enter into State and intergovernmental agreements for procurement or use of common goods and services. The County has indicated that since the FPUA has both Gas and Electrical Engineering and Operating Departments, it would be in the community's best interest to allow FPUA to utilize these resources for this construction work. Therefore, the Department concurs with your request to award a contract to the FPUA and allow them to complete the construction for this project. Please ensure that your procurement files document compliance with other procurement requirements, such as cost analysis and negotiation -or -profit as separate parts of the contract price. In accordance with Attachment C, Program Conditions, Item 2, a copy of the executed agreement and cost analysis must be submitted to the Department for review and acceptance. The Caldwell Building 107 E. Madison Street Tallahassee, Florida 32399-4120 850.245.7105 TTY/TDD 1-800.955-8771 Voice 1-800-955-8770 FlorlduJobs.org An equal opportunity employer/program. Auxiliary aids and services arc available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/I DD equipment via the Florida Relay Service at 711. � The Honorable Chris Dzadovsky, Chairman St. Lucie County Board of County Commissioners December 20, 2011 Page 2 If there are any questions, please contact Adriane Burgess via email at adriane.burgessndeo.myflorida.com or at the office at (850) 717-8444. Sincerely, Bob Dennis Community Program Manager cc: Mr. William E. Baldwin, P.E., Supervising Engineer, Fort Pierce Utilities Authority /Mrs. Diana Wesloski, Housing Manager, St. Lucie County Housing and Community Services Department AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Commissioner Tod Mowery SUBJECT: Investment Committee appointment BACKGROUND: N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VI- F DATE: 01/17/11 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Commissioner Tod Mowery District #2 RECOMMENDATION: Board ratification of Commissioner Mowery's appointment of Andrea Gregory to the Investment Committee. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator ,TAN-05-2012 16: 06 StHWH51 NH 11urvHL Dnitin St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be County resident.. 2. Must not be related to a County Commissioner or County employee involved with the committee of interest or the supporting department, 3. Must not be employed by the some business entity as,a County Commissioner or other committee members. 4. Must not serve on more than two County advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application, In addition, service on quasi-judicial boards may require financial disclosure. Please complete"the"following Information: 1. Name: 2, Home Phone: $ta 9 - %A ld`1- Cell Phone: " i'j al - v? 9 OS Work Phone: `)I a - . l o1(oA2�_ . Email: Af%dr rA � qEM0,C. a SeQfa 3, Home Address: 946t ► Sf-- t4k NyL. Ohg&&h go PL34 4, Current Employer/Occupation: N _O Vf (S) business address: St6 (!Qipr d-c AWM% ,2 S .3%4 API 6. Brief summary of education & work experience: (Pleasd attach resume' if available) ._ -40 7. Do you currently serve on any city or county commlttee(s)? If so, please list: S. Other current volunteer activities: T 9. Why do you wish/ two serve on the committees) indicated? 10. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or JHN-tJ5-�101� 16�l9'( StHUUR51 NRIIUNHL BRNK ff� ��1 �5'f�i H.bd "no contest" to, a crime, whether or not adjudication was withheld? ® Yes No Are you currently charged with a crime, other than noncriminal traffic infractions? ® Yes q:) Adjudication withheld or prosecution deferred? ® Yes ® No a �� If time to finu of fihnua Mama nrnulda the f6linwina► information: OFFENSE DATE PLACE ,STATE SENTENCEA OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time oT violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. Signature Date Please identify the committee/board of your choice: 0 Affordable Housing Advisory, Committee 13 Housing Finance Authority 0 Airport Master Plan Technical Advisory committee XK Investment Committee D Board of Adjustments (qua4i-judicial) O Land Acquisition & Selection Committee O Central Florida Foreign Trade Zone, Inc. 13 Library Advisory Board 13 Citizen's Budget Committee 0 Planning & Zoning Commission (quasi-judicial) CI Code Enforcement Board (quasi-judicial) . 17 Public safety Coordinating Council O Community Development Block Grant LO Pakks & Recreation Advisory Board O Comprehensive Economic Development Strategy ci Sustainability Advisory Committee D Contractors Certlflcation Board 0 Tourist Development Council 13 Early learning Coalition SLC 0 Measure Coast Education & Research DevelopmentAuthorlq O Emergency Medical Services Advisory Council 17 Treasure Coast Health Council, Inc. 0 Harbor Advisory Committee O Value Adjustment Board (quasi-judicial) 13 Historical Commission APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Missy Stiadle 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772.462-2131 Email: Stiadlem@Stlucieco.org Staff use: Rec_ Commission District _ ANDREA. L, GREGORY POOLEY 4506 S.E.141" Avenue Okeechobee, FL 34974 Dome (863)467.6645 Cell (772)834.3905 tapooleyl@aol.com • Seacoast National Bank, Vice President and Portfolio Manager, 5 years o Integral member of wealth and investment management team • SanTrust Bank, Vice President and Portfolio Manager,13 years o Integral member of wealth and investment managemeot team • First Union National Bank, Personal Investment Counselor, 2 years o Actively involved with promotion and sales of various retail investment products • Delta First Financial, Asset Manager, 2 year o Acquired exceptional customer relations skills • Membership in several financial services organization to acquire knowledge and network with investment professional in the community SEACOAST NTIONAL BANK, Stuart, FL 2006 — Present Vice President & Portfolio Manager • Directly involved in the active investment management of approximately $250 million discretionary assets for high net worth clientele including private individuals, foundations, and charitable organizations. • Continuing responsibilities include proactive customer contact, asset. allocation, portfolio diversification, implementing investment strategies, monitoring a variety of account activities. • Excel in customer service and client relationship development and retention • Responsible for partnering with private Bankers and Trust Administrative Officers to ensure that all client goals are met and needs are satisfied. • Instrumental in educating associates and colleagues in product presentation and delivery • Directly involved in the preparation of formal presentation materials for prospective clients - Active participation in referring and closing new business efforts. . • Actively seeking referrals from existing client base and centers of influence SUNTRUST BANK, SOUTH, FLORA, Stuart, FL Vero Beach, FL & West Palm Beach, FL 1994 — 2006 Vice President & Portfolio Manager • Directly involved in the active investment management of approximately 3220 million discretionary assets for high net worth Private Wealth clientele. • Continuing responsibilities include proactive customer contact, asset allocation, portfolio diversification, implementing investment strategies, monitorvig a variety of account activities. • Excel in customer service and client relationship development and retention • Responsible for partnering with Private Bankers and Trust Administrative Officers to ensure that all client goals are met and needs are satisfied. • Instrumental in educating associates and colleagues in product presentation and delivery • Directly involved in the preparation of formal presentation materials for prospectivz clients. • Active participation in referring and closing new business efforts. 0 Actively seeking referrals from existing client base and centers of influence JHN-M-k.'bl?_ 1b;U'( StHUUH51 NHI1UNHL bHNK rYG e;:1 �5Yt3 .t'.U4 FIRST UNION BROKERAGE SERVICES, INC., Orlando, FL & Vero Beach, FL 1993-1994 Assistant Vice President and Personal Investment Counselor • Licensed Securities Representative (Series 7, Series 63, Life Health & 'Variable Annuity). Assisted area branch personnel in promotion and sales of trust and retail investment products and services. Responsible for training and development of branch personnel in referral programs and branch licensing requirements. DELTA FIRST FINANCIAL, Longwood, FL 1991-1992 Asset Martaer • Licensed Securities Representative (Series 7, Series 63, Life Health & Variable Annuity). • Customer Service/Sales Associate - sales support services team member for private investment company special, ing in individually managed portfolios for national client base. Member of Martin County Estate Planning Council - Secretary Member of Financial Planners Association Member of National Association of Female Executives Member of Woman Supporting the Arts (WSA) M.B.A. Concentration in Finance, Palm Beach Atlantic University, West Palm Beach, FL B. S. Business Administration/Finance, University of Central FL, Orlando, FL Certified Trust Financial Advisor (CTFA) — Professional designation Chartered Financial Consultant (ChFC) cuirently enrolled, The American College, Bryn Mawr. PA Passed CFA Level I - June 2000, CPA Institute Certified Financial Para -planner — Professional designation, College for Financial Planning. Denver CO Personal Trust Relationship Management, Cannon Trust School, Orlando, FL Excellent verbal and written communication skills Excellent organizational skills Excellent analytical skills Excellent people skills Complete proficiency with al) cross -platform databases including; Bloomberg, ILX Workstation, Thompson One Financial, Longview - Asset Management System, Reuters Knowledge for Investment Management, Wealthscope, Microsoft Word, Microsoft Excel, and Microsoft PowerPoint ACTIVITIES/INTERESTS- Martial Arts — Certified S'' Degree Black Belt Instructor in Tae Kwon Do Racquet Sports, Scuba Diving, heading TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST ITEM NO. VI-G DATE: 01 /17/2012 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard Planning & Development / Tourism Tourism Coordinator POA Acquisition Corporation Contract Amendment C97-01-122 See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: December 12, 2006 — BOCC approval of lease agreement extension RECOMMENDATION: Board approval of the Contract Amendment with POA Acquisition Corporation and authorization for the Chair to sign documents as prepared by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney ( ) ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst K. Barbieri/D. McIntyre Ali, Originating Dept. ( ) M. 8atterlee/ C.Lombarq �i M. b ' /P. Marston n/a Planning & Development Services / Tourism MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct FROM: Charlotte LombaT n Tourism �j� DATE: January 17, 2012 SUBJECT: POA Acquisition Corporation Contract Amendment C97-01-122 ITEM NO. VI-G Background: St. Lucie County entered into a Billboard Lease Agreement with POA Acquisition Corporation (known today as Clear Channel Outdoor or "CCO") on January 1, 1997. The Agreement provides for two, five year extensions. The Agreement provided that at the end of the Lease Term, all structures other than the signs designated as A#1 and A#2 located on the property shall become the property of the Lessee. On December 12, 2006, the County exercised the first extension extending the Billboard Lease Agreement for an additional five years from January 1, 2007 through December 31, 2011. The original agreement allows the County to lease to CCO 10 billboards that are located on the County's landfill property. During the term of the original agreement, CCO paid 45% of the annual gross income from each structure or $70,000, whichever was greater. In addition, CCO donated $50,000 per year in outdoor advertising credits which could be used in any of CCO's Florida markets. On March 2, 2010 the City of Fort Pierce extended its territorial limits to include 6120 Glades Cut -Off RD. This is the location for the structures of the signs. These signs exceed the City's codes concerning height and minimum distance separation. Therefore, the structures are nonconforming signs pursuant to the City of Fort Pierce's Code of Ordinances. These signs may continue in use but may not be replaced. CCO has become a "sole source" provider based on their ownership of the structure and the County's inability to replace the signs if the structure is removed. CCO is proposing a contract amendment as summarized below: • CCO will pay the County 45% of the annual gross income from each structure or $50,000, whichever is greater. The reduction of the revenue from $70,000 to $50,000 is a result of the decline in the economy and the over -saturation of billboard structures in Florida. • CCO will donate $50,000 per year in outdoor advertising credits which could be used in any of CCO's Florida markets. (same as original agreement) • CCO will provide one free vinyl production and installation per year for a value of $1,010. In addition, COO will provide a reduction in the production cost of vinyl from $661.50 to $472.50. • CCO will donate advertisements on CCO's digital billboard network throughout Brevard County on a space available basis. The term of this contract amendment is 10 years. Recommendation Board approval of the Contract Amendment with POA Acquisition Corporation and authorization for the Chair to sign documents as prepared by the County Attorney. cal AMENDMENT TO JANUARY 1,1997, BILLBOARD LEASE AGREEMENT BETWEEN ST. LUCIE COUNTY AND POA ACQUISITION CORPORATION THIS AMENDMEN T TO JANUARY 1,1997, BILLBOARD LEASE AGREEMENT made this %J. day of 2006, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY," and POA ACQUISITION CORPORATION, or his, its or their successors, executors, administrators, and assigns hereinafter called the "LESSEE": WHEREAS, the parties entered into a Billboard Lease Agreement on January 1, 1997 wherein the County agreed to lease to Lessee Sites for the operation of billboards, and WHEREAS, the parties desire to amend the Billboard Lease Agreement to exercise their option to extend the Billboard Lease Agreement for an additional five years from January 1, 2007 through and including December 31, 2011. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 1.01 of the Billboard Lease Agreement shall be amended to read as follows: 1.01 TERM St. Lucie County, a political subdivision of the State of Florida (the "County") hereby extends for the first five (5) year option, the lease to POA Acquisition Corporation (the "Lessee"), unless terminated earlier as provided for herein. The term under the Billboard Lease Agreement of January 1,1997 shall begin on January 1, 2007 and is hereby extended through and including 1 December 31, 2011. 2. Paragraph 4.02 of the Billboard Lease Agreement shall be amended to read as follows: 4.02 ADDITIONAL RENTAL In addition to the guaranteed base payment, Lessee will also donate to the County $50,000 per year in advertising credits which may be used in any of Lessee's Florida Markets which include, Orlando, Ocala/Gainesville, Jacksonville, Interstate 75 from Stateline, Interstate 95 from Stateline, Florida Turnpike from Wildwood to West Palm Beach, and Interstate 4 from Daytona Beach to Orlando. The advertising credits shall be used within the 12 month period in which credits are earned and will not be accumulated into subsequent years. Included with the advertising credits will be Lessee's Art Department creative services. Lessee will assist the County in designing a campaign that will supplement their marketing needs and objectives. Lessee will include all standard outdoor advertising copy production. Lessee will provide the County with monthly reporting on the location and usage of these advertising credits. 3. Except as amended herein, the remaining terms and conditions of the January 1, 1997, Billboard Lease Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date as indicated below. ATTEST: BOARD LINTY CO IONERS ST. C CO A DEPUTY CLERK '. „ - AN — ------ i 0:44TTY1KATHERINIKATHEMContractsla-PflAwpd Date: TO M TTORNEY POA ACQUISITIWCORPORATION BY: Print Name: L,: -" mot yg";z Title: esc-, j Cs iC Date: La-a�i L C �WW L KNOW ALL MEN BY THESE PRESENTS, that POA ACQUISITION CORPORATION, a Delaware Corporation ( herein referred to as " Assignor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration received from or on behalf of UNIVERSAL OUTDOOR, INC- ATLANTIC COAST (herein after referred to as " Assignee"), does hereby grant, bargain, sell, assign, and transfer unto Assignee the Lease Agreement 70210 between Assignor and St. Lucie County dated October 22, 1996. Assignor hereby represents and warrants that the lease is valid and enforceable in accordance with its terms and that all payments have been paid through the 31 st Day of December, 1997. Assignor further represents and warrants that all necessary permits necessary to construct a billboard structure on the leased premises have had final approval. Assignee assumes all obligations of Lessee under the terms of the lease as set forth therein, and agrees to indemnify Assignor for its failure to perform under the terms of the lease and pledges the lease as security for its performance. �WITNESS WHEREOF, the undersigned have set their hands and seals this Day of _ 1997. WITNESSESS- POA AC)QFISITION CORPORATION (UtU fl By: _ �- Print: �C � LarrywlcIn yre "ASSIGNOR60p; USA M-SUS t My Comm-Exp, 011W Bonded BY.-&W lc.0 IM Print: (\ �� No. CC3'9�6b7 ,. IOwl,4Sworn to and subscribed before me this_�day of tr 97. 7 My commission Expires C� _ C\ (Notary Public) L.� r °:� C BILLBOARD LEASE AGREEMENT ARTICLE 1 1.01 Term: St. Lucie County, a political subdivision of the State of Florida ("the County") hereby leases to POA Acquisition Corporation (the "Lessee") for a term of ten (10) years, beginning on January 1, 1997 ("Date of Execution"), the Sites described in Article 3.01 below for the operation of billboards. ARTICLE 2 2.01 Option to Renew: Provided that there has been no default of the Lease by Lessee, Lessee may, by written notice to and approval of the County, renew this Lease Agreement (the "Lease") upon the same terms and conditions for two (2) additional terms of five years each. Notice to the County must be given at least six months prior to the end of the then current term. Option terms shall run consecutively so as to make this Lease continuous in its operation from the beginning to its termination, a period of 20 v years. Extension of the Lease must be done by a written agreement signed by the Lessee and the County. At the end of the Lease Term, all structures other than the signs designated as A#1 and A#2 located on the property shall become the property of the Lessee. ARTICLE 3 3.01 Sites: This Lease is exclusive only to the Sites described in Exhibit "A" attached to and incorporated herein. ARTICLE 4 4.01 Annual Rent: During the term of the Lease, the Lessee shall pay to the County without billing, A, or B, whichever is greater; Forty-five percent (45%) of the. annual Gross Income from each structure. y\ B. The minimum annual rental payment is set forth as follows: 00 Billboard Minimum Structure Annual Rent Turnpike #1 $5,000-northbound (Sign B-5) $5,000-southbound g:lagreemntll easelblllboar Billboard Minimum Structure Annual Rent Turnpike #2 $5,000-northbound (Sign B-4) $5,000-southbound 1-95 #1 (Sign B-3) $10,000-northbound $1 0,000-south bound 1-95 #2 (Sign B-2) $10,000-northbound $10,000-southbound 1-95 #3 (Sign B-1) $10,000-northbound Total $70,000 Location #3 is the southernmost structure on Interstate 95. This structure will have only one (1) advertising face, for northbound traffic, as a result of the width of the median of Interstate 95 and the presence of native vegetation therein. The County shall assist " POA/Universal in receiving permission from FDOT to trim or relocate the vegetation in the median which would gain visibility for a southbound facing on sign B-1. In the first Lease Year, Lessee shall pay the initial seventy thousand and 0/100 ($70,000.00) dollars on or before November 1, 1996. In each subsequent Lease Year on January 1, beginning on January 1, 1998, Lessee shall pay in advance the minimum annual rent of seventy -thousand and 0/100 ($70,000.00) dollars to County. The final calculation of the annual rent shall be completed by January 15 after the end of each lease year beginning on January 15, 1998. Payment of any additional rent shall be made within seven (7) days after the final annual rent calculation is complete. 4.02 Additional Rental: In addition to the guaranteed base payment, Lessee will also donate to the County $50,000 per year in advertising credits which may be used in any of Lessee's Florida Markets which include, Orlando, Ocala/Gainesville, Jacksonville, Interstate 75 from Stateline, Interstate 95 from Stateline, Florida Turnpike from Wildwood to West Palm Beach, and Interstate 4 from Daytona Beach to Orlando. The. -advertising credits shall be used within the 12 month period in which credits are earned and will not be accumulated into subsequent years. Included within the additional advertising credits will be Lessee's Art Department creative services. Lessee will assist the County in designing a campaign that will g:1agreemnt9easelb111boar -2- M supplement their marketing needs and objectives. Lessee will include all standard outdoor advertising copy production. 4.03 Rental Rate Review: The guaranteed rental rate(s) stated herein shall be subject to fair and non-discriminatory review and adjustment at the end of the first five (5) year period from the Date of Execution of this Lease and each one (1) year period thereafter. Rates for Sites added to the Lease after the Date of Execution, shall be reviewed at the same time as the original Sites. When revised rental rates are established and approved by appropriate action of the Board of County Commissioners, this Lease shall be amended by a written document signed by both parties. 4.04 Gross Income: The term Gross Income as used in this Agreement means all monies paid or payable to or considerations of determinable value received by the Lessee for sales made, transactions had or for services rendered, in the operation of the billboards at the Sites, regardless of when or where the order therefore is received, or the goods delivered, or services rendered, whether paid or unpaid, whether on 'a cash or credit basis or in consideration of any other thing of value; provided, however, that any taxes imposed by law which are separately stated to and paid by a customer and directly payable by the Lessee to a taxing authority and sales refunds shall be excluded therefrom. It is understood that Gross Income shall not include bonafide third party advertising agency commissions paid. 4.05 Sales Tax: The Lessee shall be liable for the prevailing State of Florida Sales and Use Tax imposed on rent on the amounts payable to the County under this Agreement. This Sales and Use Tax shall be payable to the County who in turn will remit same, less authorized handling deductions to the State. 4.06 Utility Charges: The Lessee shall pay all electric utility charges. The County shall be responsible for utility charges on County -owned structure. 4.07 Payment of Fees: The Lessee shall pay all rents, fees, and charges, and submit all reports required by this Lease to the following: Management and Budget Manager 2300 Virginia Avenue - Fort Pierce, Florida 34982 In the event Lessee fails to pay any of the rentals, fees, or charges as required to be paid under the provisions of this Lease within 30 days after the same shall become due, interest at the rate of one percent (1 %) per month or twelve (12%) percent annually shall accrue against the delinquent payment(s) until same are paid. Implementation of this provision shall not preclude the County from terminating this Lease for default in the payment of rentals, fees, or charges, or from enforcing any other provisions contained herein. g:lagreernnWeaselblllboar =3- `awle r.1 4.08 Reports and Records: A. The Lessee shall maintain during the term of this Lease all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Lease and all monies collected hereunder, not limited to gross income. The form of all such records and reports shall be subject to the approval of the County Administrator or his designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. B. On January 15 following the end.of each lease year throughout the term of this Agreement beginning on January 15, 1998, the Lessee shall furnish to the County Administrator or his designee a report of Gross income during the preceding calendar quarter, on forms approved by the County Administrator or his designee. This report shall be signed by the Lessee certifying to the accuracy of such gross income. C. The Lessee shall allow the County Administrator or his designee or the auditors of the County to inspect all or part of the compilation procedures. Said inspection is at the sole discretion of the County Administrator or his designee. D. Prior to the commencement of the operations under this Lease, the Lessee shall secure in writing, from the County Administrator or his designee, approval of any and all recording machines, or records, such as but not limited to, cash registers, tapes, books, ledgers, journals, sales slips, and invoices, installed or used for recording the operations of the Lessee under this Lease. E. All records of the Lessee that are pertinent to this Lease and necessary to verify the. report set forth herein shall be available to the County Administrator or his designee and the County's auditors at a reasonable location in St. Lucie County, Florida for a period of five (5) years after the end of any lease year. ARTICLE 5 5.01 Content of Advertisement: Lessee may only advertise commercial or public service advertisements on any billboard structure constructed on the leased site. No sign shall include political messages or advertise adult entertainment. The County Administrator shall be the final authority in any dispute over advertising content. 5.02 Approvals: The Lessee agrees that it will obtain prior written approval -from the County Administrator or his designee in all of the following matters: A. Changes from originally approved specifications, signage, and graphics. B. Equipment Lessee plans to install requiring any modifications. g;lagreemnMeasethillboar -4 - Further, it is understood by the Lessee that should any of the above items be disapproved, Lessee will offer alternative solutions. The County Administrator or his designee shall be allowed sixty (60) days to reach a decision in any of the above matters and failure to do so within such period shall constitute approval. 5.03 Approval of Change: The County Administrator or his designee reserves the right with stated just cause to require the Lessee to change within a stated time any and all items contained in Section 5.02 it deems in need of change, despite previous approval of same. 5.0.4 Quality of Lessee's Services: Design & Landscape Package A. The Lessee shall conduct its operation in an orderly manner so as not to annoy, disturb, or be offensive to County operators, or others in the immediate vicinity of such operations. B. Lessee shall take good care of the Lease Sites and the structures, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, and upon the expiration of this Lease, or its termination in any manner, shall deliver the Site Structures, including title thereto, free and clear of all liens and encumbrances, to the County in no worse condition than the same was at the commencement of this Lease, loss by fire or other casualty and ordinary wear and tear only exceptions. C. POA agrees to paint the structures to the County's specifications (ie. color structure), so that all of the structures are uniform. POA also agrees to provide a landscape package to be placed around all approved locations. This provision will be mutually agreeable by both parties. ARTICLE 6 6.01 _Assignment Subletting and Successors in Interest: Lessee shall not sub -lease the Sites in whole or any part to any other persons or firm without first obtaining the County's written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in this Lease shall extend to and be binding on the respective successors and assignees as well as sub -leases accepted by the County. g:lagreemntVeaseWil/boar -.5- ARTICLE 7 7.01 Construction of Billboard Structures A. Construction - Lessee, at its own expense, shall construct permanent structures in accordance with the specifications attached as Exhibit "B" at the locations shown on Exhibit "A". Construction of the Billboard Structure shall be completed within 120 days from the Date of Execution. The signs designated as A#1 and A#2 shall be owned by the County and shall not be subject to this Lease. The Lessee shall obtain all required permits and comply with all federal, state and local construction codes and ordinances. B. Lessee shall not alter or modify any portion of billboard structures, the leased Sites or the improvements constructed therein without first obtaining written approval from the County Administrator or his designee. C. Lessee shall not sell, convey, mortgage, pledge or otherwise dispose of any of the improvements installed on the leased Sites without prior written consent of the County Administrator or his designee. D. Utility Meters - Lessee shall install separate utility meters at all permanent billboard sites constructed by the Lessee pursuant to this Agreement. 7.02 Improvements Installed by Lessee: A. Lessee agrees that all structures and improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. ARTICLE 8 8.01 Maintenance Responsibilities of Lessee: A. Appearances of Facilities: Lessee shall, at its sole cost and expense, keep and maintain the leased Sites in a first-class condition during the term of this Lease and any extensions thereof. - 8.02 Damages: Lessee shall repair all damage to the leased or non -leased portions of the site caused by the Lessee, its employees, agents, or independent - contractors. g:lagreemnWeaselbil/boar -6- `-0001 ARTICLE 9 9.01 Eminent Domain: Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of Landlord and Tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, including but not limited to (i) any residual interest in the Lease, or (ii) any other facts or circumstances arising out of or in connection with this Lease. Lessee hereby waives and relinquishes any legal rights and monetary claimswhich it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the leased property specified in this Agreement, or adjacent properties owned or leased by it, when any or all such properties are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether (i) this Lease is still in existence on the date of taking or sale; or, (ii) has been terminated prior thereto. ARTICLE 10 10.01 Quiet Enioyment of Leased Property: The County covenants and agrees that so long as no default exists in the performance of Lessee's covenants and agreements contained herein, Lessee shall peaceably and quietly hold and enjoy the lease Sites and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. ARTICLE 11 11.01 Indemnification: For ten and 0/100 ($10.00) dollars and other good and valuable consideration, Lessee does hereby agree and covenants to defend fully, protect, indemnify. and hold harmless the County from and against each and every claim, demand or cause of action and any and all liability, cost, expense (including but not limited to reasonable attorneys' fees, costs and expenses incurred in defense of the County, even if incident to appellate, post judgment or bankruptcy proceedings), damages or loss in connection therewith, which may be made or asserted by the Lessee, the Lessee's employees or agents, invitees or any third parties (including but not limited to the County) on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with the Lessee's operation of the Sites. At the election of the County, Lessee shall contest and defend the County against any such claims of liability against the County. The County shall in any event, have the right, g:lagreemnMeaselbillboar -7- 'ray/ r"001 through counsel of its choice, to control the defense or response to any such claim to the extent it could affect the County financially. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Lessee shall be excluded from the Lessee's duty to indemnify the County, but only to the extent of negligence of the County or such third party. For the purpose of this section, the term "County" shall be deemed to include the Board of County Commissioners and its agents, employees and affiliates. For purposes of this indemnification, "claims" shall mean and include all obligations, actual and consequential damages and costs reasonably incurred in the defense of any claim against the County, including, but not limited to attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The County shall have the right to defend any such claim against it in such manner as the County deems appropriate or desirable In its sole discretion. ARTICLE 12 12.01 Liability for Damage or Iniur,Y The County shall not be liable for any damage or injury which may be sustained by any party or persons on the leased Sites y other than the damage or injury caused solely by the negligence of the County. ARTICLE 13 13.01 Damage or Destruction of Sites: If the leased Sites are partially damaged, but not rendered unusable for the purposes of this Lease, the same shall be repaired with due diligence by the Lessee from proceeds of the insurance coverage and/or at its own cost and expense, and a pro-rata adjustment of the rent payable hereunder for the period of the Lessee's business interruption, if any, shall be made. If the damage shall be so extensive as to render such Sites unusable for the purposes intended, but capable of being repaired within thirty (30) days, the same shall be repaired with due diligence by the Lessee from the proceeds of the insurance coverage policy and/or at its own cost and expense, and for the period of Lessee's business interruption a pro-rata adjustment shall be made as to the minimum rental guarantee. ARTICLE 14 14.01 Ingress and Egress: Subject to rules, regulations, statutes, and ordinances governing the use of the Sites, Lessee, his agents, servants, patrons and invitees, and his suppliers of service and furnishers of materials, shall have the Aght of ingress and egress to and from the Sites during normal Landfill operating hours. g:1agreemnMeaselbillboar - $- *o.✓ 'rs✓ ARTICLE 15 15.01 Insurance: The Lessee shall maintain the following insurance during the term of this Lease. A. - Worker's Compensation and Employer's Liability Insurance- Worker's Compensation Insurance shall provide for the limits required by Chapter 440, Florida Statutes (1995), and as may be amended from time to time. The Employer's Liability shall be for a limit of no less than Five Hundred Thousand and no/100 dollars ($500,000.00). If Lessee, their partners, or officers request a waiver of exemption under Section .440.04, Florida Statutes (1995), and as may be amended from time to time, Lessee agrees to provide full disclosure of this waiver to the County and the County shall have the right to reject Lessee's waiver of exemption. B. General Liability Insurance - Lessee shall provide Commercial General Liability Insurance written on an occurrence basis, including product liability/completed operations, contractual liability, fire legal liability for a limit of at least one Million and no/100 dollars ($1,000,000.00), combined single limit for bodily injury, illness and property damage. Lessee shall also provide Coverage B (Personal Injury), written at a sub -limit of at least One Hundred Thousand and no/100 dollars and Coverage C (Medical Payments) of at least Five Thousand and no/100 dollars ($5,000.00) per person and Twenty Five Thousand and no/100 dollars ($25,000.00) per occurrence. Lessee shall also provide liquor law liability for a limit of not less than three hundred thousand and no/100 dollars for coverage at the Sites where liquor or beer and wine is sold. The County shall be named as an additional named insured under all of the above policies. C. Lessee shall be responsible for keeping in force fire and extended coverage on all their own contents, improvements and betterments. The insurance required shall include those classifications as listed in Standard Liability Insurance Manuals, which most nearly reflect the operations of the Lessee under this Lease. All insurance policies and surety bonds required under this Lease shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The company must be no less than "A" as to general policy holders rating, and no less than -NI" as to financial rating, in accordance with the latest edition of Best's Key Rating Guide, published by A.M. Best Company, Inc. The Lessee shall furnish Certificates of. Insurance to the County Administrator or his designee at least fifteen (15) days prior to the commencement of operations, which Certificates shall clearly indicate that the Lessee has obtained insurance in the type, amount and classifications as required for strict compliance with the terms of this Lease and clearly that the County has been named as an additional named insured. g:lagreemntVeaselblllboar - 9- %Uwe sftvol The County Administrator or his designee reserves the right to reasonably amend the insurance requirements by the issuance of notice in writing to the Lessee. ARTICLE 16 16.01 Termination by County for Cause: A. The County may terminate this Lease without notice upon the occurrence of any of the following events: (1) Institution of proceedings in voluntary bankruptcy by the Lessee. (2) Institution of proceedings in involuntary bankruptcy against the Lessee if such proceedings continue for a period of ninety (90) days. (3) Assignment by Lessee for the benefit of creditors. (4) Abandonment by Lessee of, and discontinuance of operations hereunder. (5) The discovery of any misstatement in the "Request for Proposals" which, in the sole opinion of the County materially affects the Lessee's qualifications to perform under the Lease. B. The County shall have the right to terminate this Lease after thirty (30) days written notice sent by registered or certified mail to the Lessee, of the occurrence of one or more of the following, unless the same shall have been corrected within such period: (1) Non-performance of any covenant of this Lease and failure of the Lessee to remedy such breach. (2) The conduct of any business or the merchandising of any product or service not specifically authorized herein. C. If the Lessee fails to pay any sum or sums due under this Lease for a period of 10 days after the due date, the County shall have the right, after seven calendar days additional written notice sent by registered or certified mail to the Lessee specifying the amount of payment(s) in default, to terminate this Lease; provided, however, that such termination shall not be effective if Lessee makes the required payment(s) during the seven calendar day period following receipt of the written notice. gAagreemnMeaselblllboar - j Q- In the event of termination for cause by County as set in this Section, Lessee shall not be entitled to any additional compensation and Lessee agrees to forfeit and convey ownership of the signs to the County free and clear of all liens and encumbrances. 16.02 Termination by Lessee for Cause: Lessee shall have the right upon thirty (30) calendar days written notice to the County to terminate this Lease at any time after the occurrence of one or more of the following events: A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the facilities for commercial purposes, and the remaining in force of said injunction for a period of more than ninety (90) calendar days. B. A breach by the County of any of the terms, covenants, or conditions contained in this Lease and the failure of the County to remedy such breach for a period of sixty (60) calendar days after receipt of written notice sent by registered or certified mail from the Lessee of the existence of such breach. 4 C. In the event Lessee's advertising copy of structures become entirely on partially destroyed or obscured beyond the control of the Lessee and cannot effectively be rebuilt due to changes in state or local regulations. 16.03 Right of Early Termination: After the initial ten (10) year term, either the County or the Lessee may terminate this Lease without cause upon one hundred eighty (180) days prior written notice without right of compensation that Lessee may otherwise be entitled under State or Federal Law including but not limited to entitlements under Chapter 479, Florida Statutes, the Highway Beautification Act and the Uniform Relocation Act. Within the initial ten (10) year term, either party may terminate this Lease without cause upon one hundred eighty (180) days prior written notice; provided, however, that in the event the County determines to exercise its,right hereunder, the Lessee shall be entitled to compensation equal to the unamortized cost of the billboard structures and a reasonable profit prorated over a ten (10) year term to the exclusion of any other right to compensation that Lessee may have pursuant to Chapter 479, Florida Statutes, the Highway Beautification -Act and the Uniform Relocation Act. ARTICLE 17 17.01 Non -Discrimination: A. That Lessee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: gAagreemniVeasetblllboar 1. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. 3. That the Lessee shall use the Sites in compliance with all other requirements imposed by or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance. B. That in the event of breach of any of the above non-discrimination covenants, the County shall have the right to terminate the concession and to re-enter and repossess said facilities thereon and hold the same as if said concession has never been made or issued. C. Lessee shall not discriminate against any employees or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. ARTICLE 18 18.01 Rules and Regulations: The Lessee will observe, obey and comply with all present and future rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction; which maybe applicable to Lessee's operations under this Lease. Any activities involving hazardous materials or substances of any kind are specifically prohibited. ARTICLE 19 19.01 Payment of Obligations: Lessee shall pay all taxes and other costs lawfully assessed against its leasehold interest in the leased Sites, its improvements and its operations under the Lease provided, however, that -Lessee shall not be deemed to be in default of its obligations under this Lease for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. g:lagreemnfVeaselbillboar - j 2- %we 1VW ARTICLE 20 20.01 Availability of Lessee's Records: Lessee shall make available to the County Administrator or his designee and/or County's auditors at any time from Monday through Friday inclusive, between the hours of 9:00 a.m. and 5:00 p.m. all books of account, reports, records, and other pertinent documents for audit purposes hereunder, as determined by the County Administrator or his designee. ARTICLE 21 21.01 Inspection by County; The County Administrator or his designee may make periodic inspections of all of the leased Sites to determine if such are being maintained in a neat and orderly condition. The Lessee shall be required to make any improvements in cleaning or maintenance methods required by the County Administrator or his designee. Such periodic inspections may also be made to determine whether the Lessee is operating in compliance with the terms and provisions of this Lease. ARTICLE 22 22.01 Facility Repairs, Alterations and Additions by the County: The County shall have the absolute right, without limitations to make any repairs, alterations, and additions to any structures and facilities at the site, including the facilities leased under this Lease, free from any and all liability to the, Lessee for loss of business or damages of any nature whatsoever during the making of such repairs, alterations, and additions. ARTICLE 23 23.01 Title to Structures on Termination: It is the intention of the parties to this Lease that upon termination of this Lease, all billboard structures and equipment purchased by Lessee other than A #1 and A #2 shall remain the property of the Lessee. ARTICLE 24 24.01 Indulgence Not Waiver: The indulgence of either party with regard to any breach or failure to perform any provision of this Lease shall not be deemed to constitute a waiver of the provision of any portion of this Lease either at the time the breach or failure occurs or at any time throughout the term of this Lease. ARTICLE 25 25.01 Notices: Any notices submitted or required by this Lease shall be sent by registered or certified mail and addressed to the parties as follows: g:1agreemn(Veaselb11/boar -13- ,r✓ To the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Ft. Pierce, FL 34982 To the Lessee: POA Acquisition Corporation 600 Sandtree Drive, Suite 209 Palm Beach Gardens, Florida 33403 With a Copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Ft. Pierce, FL 34982 or to such other address as either party may designate in writing. 25.02 Interpretation: Venue: This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Lease may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Lease shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall,be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY MMISSIONERS ST. LUCIE COUN , LORIDA BY: CHAIRMAN Date: g:lagreemnNJeaselbillboar -14- WITNESSES: rAr POA AC UISITION CORPORATION BY: Date: g:lagreemntVeaselbillboar -15- '- „r;-r•"'-zr• �'i::::.::;':'f!ai: i3' '.t .. '`• . ,a. _ :sd:.. •Si'r°_i=...a..i¢:::i:=tr��a. � ,:'':""'S,.�y�iei"��"t...`:.... ..r !„{Tr •� ]'' r Dom... ' :T, • '';:�' � i:.— :lam ^'� � �:' ��?�'.i ':++ �• -y�.=.%%i:1'-. %'- J.fr�i. ..... �' ..;dew •> T't'+• ' -.�;;, ..r •� a :s: 1s:ilSs3}s • ,jam ' 4 '• rKr�1 .=4i .,:.i" : fi;;L.{y .y, a_ •h;�•::••-S, ,, •��.�•.M1K • -.. � -'�J f' '1'1 is "';y: ::�.J iT S - L• ::'Y'� +' � *t '•� . V : ^S•: ••.�'yeF. � •' • � .. j•... �.'J:.i:��73T. `•t:-:S.�Sy,��i_ •yyy��gg=1` "•,.? ''� r �� ..�,�,�. ;► " _ a: t ., 1,000 ;r:_ ter!,'• :. 4 • :.•; '"i''.. TO BE CONSTRUCTED FOR !�' i, ..,M,'�'•::•,i�-=�.�.;'::'- ` � •;�:-��.::=• °'•.;=.� , _.� .•. »;`: _ :i:�= 1'_ r.r'_ *:s. ° _ a •"S,T� AND OWNED BY aT^:.• :::: s l ;{z ;. t. " - .: •''., �t ;' _. "' ST LUCIE COUNTY, .. ;_— :i:= zii_': 5=::• ?s:+.sss Yyr; `u'::� `:„;e: —:. _ y;i� �• 71�:.al:sxx•s� �r,�: < r N 1,112,000 { J'-�'a ;�7ic� .-f'3:: -t ll.•�i .......... 44 y' •'i';i:i�s ,ti t:ii }26�i;:; st1;;;i C NI - a.; ,. is 1i:�c:'iK. ;is: 1i,. ��,'+�',:`• •�. II if��-� +, �i t�[:IS ty yj !Jt `:.y #• 11-R•.�,,. ,.•y� y ! �� -A�•..'. ,��I.aii, s,I•y.A.r lii'tii '�r'7 �Yi't i'(iY �. ,s�'ar •' n+ '•'f' ,� .� .ry,,E;_. � Z►:{. � M:t 7A �i'b:i�:?j:liltj�:ii::;i �j N�='��,f�I.li�'•••w.is��."../:��`+�alr�r`ri�•1,117,000�`-1'�' ' \ ��� .., mw 1' i,,,,+,�-r. ..: .. Ar. , ,: S is l'Z.. :.. r A ! � ,_•'�'� . r:. rq.. .}Rwi • 1 'BLABS-1J N .1,110.400 , o .: - ..R.,�;, : ; _ • '�- w o gal „T_ :.,, �� .. �•, _ r%�•: at S' � � ram:: •'•' �ti�: �. _ �` T 'ram -: Xe`4`���`,T�g�f� v .''r � r - :•i`•` �„ "i. M .�.•tlf. a .t`" � r.-- -r_. R yai' �:• r-^a SLr.:.-,~.'.«.: ' • +srs.•'�,�._ .:.:.r '- a�::g'•'•at:�.: i. v;. :+S' �,�.�' - SEC:. ".'~ ,y -w: `•• � �: y'¢•, -'r• ''�'1301•�n1Ao1 • _ :.'.ri:. •. ..... vn •c sti„ �r.•�37�'� �3:•, : :-_�et •yam,►' .:''yi: �„ _ -Y: � �. .�. :.. , ..• •^r!:..:'Mbi;.w.er.Awnp• ... .i11111 �p.I wlml..w TMio, n+n4a11 11�:+4e• µay �ll,1+:•ca•.- t, so...las �Aio�r•�uMi[iism ap x'noaw�rsuesa.wmo.r.u+o•.iw�raa��lw.raw se,4..uo:.w,ao nr.n.�'a"'°� .-';'tt ei�':� ..;_ •..,3 ` a^��...•.^` ..Iwmax.o.ci•.ia.SE :e.... � - •1aVRaa•aro.• ' .. ....... ... _ ..:l+y�. ' a1i,[p 1•. J u lEn CDM Camp Diwec & .'- M RRADASAW { { { CAOfa r.••91•• •�• ��"" .tee•_ .»!�1,•' _ YN as �. a . .': :',ti :.:•*" spit:.,^ •. '•at':.' „i'� •ty:F,�:v rv�^+^ t\C'� ,•I Mw 9S� \ _ :� � . "34 .• tii� '�R, • ..... .•.-�'F..,'S.�.. -. � - �,�.i• =w.•. ,_,-y' _ A BILLBOARD 2._i: '~ .TO -BE CONSTRUCTED FOR r r�s.-'c. •�"-�itc=s;aW.'�� . _ Y� AND OWNED ocA a-zr`ST LUCIE COUNTYr ^:'. i,;, -:'. �' - {�,_,,_:� :• ;ry„ _i-r ••• ►• :.j+'^% � _y,�'+'�1-'L`�-��;L�-^'•..�`_..-.tr'-•yayrr1ti0C'+�.,�^-4�:. HT -DATE =_-. ^� .r�'i•l'T-:.� �; a� ..��:...•t;;ar•:'" -r".r--vim, �-...�_. •y II �'."` rC T'e�r.1•T+r�. '•cr�-jF�y,'. ';,:!s�„�, a. ti.�i,{ .� Jr %yv„-''.'"`«•:" �"' �...}irrr+:^' i:�r .t-. POTENTIAL BLLSOA 44S�+IPN lo-4i :..,.y',,'.ty.„,.^••�•�.:•.:�Si`?'Y4lL FG"'3w'�:. y..a", wr_ HIBIT A .„ :; ; . POTENTIAL Bca BOARo ... •., _ { ::. " :: ptNINGo- SM LOCATION 1B-53 �c ;.t � ,� ••••• ., BASED ON DEP SERNA - MAftGF1 YY v.��s. 0 BE Dr—. FER z i. j • ::�''=.;a•+ �^y`:.':'^vf Ate'++` . ~ •'•�'�''��-� r,,.,_ , i T __ ��,�' • .�n!•,✓�' ✓ •��- I a_-_._ . -:•C.� - ./v.,• h :..a ,r--•, •. ••�`• fir• .. ra....... _ _.-.�-�:,: • ._ ��* .C"• - -� ,.. � ss: F" • �_�^{� - j-'1�ri4L"'F� .,.a�a_rat.•y�" An .arr• +It wra�ai l:N •you, •�' '�! •-��•"��t w.w� T,f+••►•w •s' ? �•,..y � 1,, :�. I Aw 'L .'T��Y nT• �: • F.s _ rvOJCCI W. 621T.p. ST. awEC1 »c, ST• LUdE . ,.. PoTeTnAL BILLBOARD SIGN LOCATION E'CHIBIT A GLADES CUi• L L EXHIBIT d`B" _ SPECIFICATIONS FOR 10.6z36 DUAL FACE BILLBOARD Size: 10.606 20 ft. Vee, Centermount Height: 50 ft. From ground level to the top Walkways: (2) outside catwalks - one on each outside face with a walk -around and (4) inside - catwalks Ladder: Pole access ladder 15 ft. From ground level to upper structure Hang -rail: (1) per face Panels: (2) sets of metal faces that hang on (3) angle iron stringers Paint: Structure painted to color specification Lights: (6) 400 watt lights installed on billboard, with electrical hook-up 411 permits, taxes, fees and fines will be paid and furnished by the contractor. Contractor shall also be responsible for finalizing the locations of all signs, based on current state and county rules and regulations governing billboard signs, performing geotechnical borings and analysis prior to structural design. -Contractor shall provide sealed engineering drawings. Drawings must be prepared in accordance with all applicable state and building codes. 'j ITEM NO. Vill DATE: 1/17/12 AGENDA REQUEST REGULAR (X ) PUBLIC HEARING ( j _ LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget Director SUBJECT: Auditor Selection Committee BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to grant authority to. the Management and Budget Director to advise the Constitutional Officers that an audit selection committee has been establishedin accordance with Florida Statutes. Board approval is also needed'to designate an individual to represent them on the selection committee. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W . Outlaw, M PA County Administrator Coordination/Signatures _ �.. OMB County Attorney (X) 1 Budget Analyst ( ) Dan McIntyre (Name) Other ( ) Other ( ) (Name) (Name) h� }uME Office of Management & Budget/Purchasing MEMORANDUM TO Board of CountyCommissioners FROM: Marie. M. Gouin, Management & Budget Director rn DATE: January 17, 2012 SUBJECT: Auditor Selection Committee ITEM NO. VIII Background: The contract with Berger, Toombs, Elam, Gaines & Frank to provide auditing services on the County's general-purpose financial statements for the Board of County Commissioners and Constitutional Officers, will expire with the completion of the 2010-2011 audit. Florida Statutes 218.391(2) (Attachment 1) require "The governing body of ...noncharter county shall establish an audit committee that, at a minimum, shall consist of each of the county officers elected pursuant to s. 1(d), Art. VIII of the State Constitution, or a designee, and one member of the board of county commissioners or its designee..." Once established, the committee must publicly announce requests for proposals, to include a general description of the audit and instructions on 'how qualified interested certified public accounting firms licensed under chapter 473 can apply for consideration. Recommendation: Board approval to grant authority to the Management and Budget Director to advise the Constitutional Officers that an audit selection committee has been established in accordance with Florida Statutes. Board approval is also needed to designate an individual to represent them on the selection committee. 1-1 o.JY I - 2AUU1L0r seiecuon proceaures. - Lu i 1 rlonda Statutes -The Florida Senate Pagel of 4 9 Attachment 1 CHAPTER 218 FINANCIAL TITLE XIV MATTERS VIEW ENTIRE CHAPTER TAXATION AND FINANCE PERTAINING TO POLITICAL SUBDIVISIONS 218.391 Auditor selection procedures. — (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a charter county, municipality, special district, district school board, charter school, or charter technical career center shall establish an audit committee. Each noncharter county shall establish an audit committee that, at a minimum, shall consist of each of the county officers. elected pursuant to s. 1(d), Art. VIII of the State Constitution, or a designee, and one member of the board of county commissioners or its designee. The primary, purpose of the audit committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 218.39; however, the audit committee may serve other audit oversight purposes as determined by the entity's governing body. The public shall not be excluded from the proceedings under this section. (3) The audit committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to http://www.flsenate.gov/Laws/Statutes/2011/218.3 91 12/20/2011 218.391 - Auditor selection procedures. = 2011 Florida Statutes - The Florida Senate Page 2 of 4 furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at. a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and, recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the audit committee, and negotiate .a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e),. the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second -ranked firm. Failing accord with the second -ranked firm, negotiations shall then be terminated with that firm and undertaken with the third -ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with any one of the three top -ranked firms, but it may not negotiate with more than one firm at a time. http://www.flsenate.gov/Laws/Statutes/2011/218.391 12/20/2011 riuuitor seiecuon proceaures. - Lul l Honda Statutes -The Florida Senate Page 3 of 4 (b) If compensation is one of the factors established pursuant to .paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest -ranked qualified firm or must document in its public records the reason for not selecting the highest -ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and- negotiate a contract with such firm must ensure that the agreed -upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. http://www.flsenate.gov/Laws/Statutes/2011/218.391 12/20/2011 218.391 - Auditor selection procedures. 2011 Florida Statutes - The Florida Senate Page 4 of 4 (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. History.-s. 65, ch. 2001-266; s. 1, ch. 2005-32. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2011 State of Florida. http://ww,w.flsenate.gov/Laws/Statutes/2011/218.391 12/20/2011 AGENDA REQUEST ITEM NO. IX DATE: 01/17/12 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( } CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye Outlaw, SUBMITTED BY: Administration County Adm nistr or SUBJECT: FY 11 Major Accomplishments BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board acceptance of FY 11 Major Accomplishments. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, M. P.A. County Administrator County Attorney ( ) Originating Dept. ( ) Coordination/Signatures OMB Director ( ) Budget Analyst Daniel McIntyre Faye W. Outlaw, M.P.A. ERD ( ) Marie Gouin Patty Marston (Name) COUNTY ADMINISTRATION MEMORANDUM 12-001 TO: Board of County Commissioners FROM: Faye Outlawristra v County Admi or DATE: January 17, 2012 RE: FY11 Major Accomplishments This item is a presentation to the Board of the FY11 Administrative Report of Major Accomplishments. The Report is a summary of the significant initiatives that were carried out by the Board, county staff and through partnerships with various agencies. It also highlights the ongoing programs that provided at least a 10% increase in services to county residents. As the Board is aware, in FY11 our staffing levels were at or below the 1993 staffing levels. Considering this factor, all county operations should be recognized for being able to continue to run core services and programs. Staff is also to be commended for their contribution to our 2011 United Way Campaign; our employee participation rate reached 72% compared to the FY10 rate of 15%. Employees also participated in several other community charitable campaigns such as the Back -to -School Drive. During 2011, there was some progress within our local economy that merits footnoting. This includes, but is not limited to, the following: • a 15% increase in tourist tax revenues over FY10 • an uptick in building permit activity over FY10. This resulted in the Building Enterprise Fund 491 breaking even for the first time since 2006. • stabilization of the Utility Enterprise Fund 471. This resulted in the repayment of the $300,000 loan to the general fund ahead of schedule. • five economic development deals for a total of 247 jobs created over a 10-year period and an estimated $12.7 million capital investment. 144 people have been hired. Staff recommends the Board hears the presentation and accepts the FY11 Administrative Report of Major Accomplishments. FY11 ADMINISTRATIVE REPORT OF MAJOR ACCOMPLISHMENTS Board of County Commissioners: • Successful lobbied to help secure additional grant funding for the following: o $6 million in funding from the Department of Environmental Protection (DEP) for the Fort Pierce Beach Re -nourishment project. o $2.5 million in funding from the Federal Emergency Management Agency (FEMA) for the 3rd and 4th floor Old Courthouse renovation project. o $3.5 million in funding from the Federal Aviation Administration (FAA) for the Taxiway A & B Rehabilitation Project. • Collaborated with the Constitutional Officers and outside agencies to implement the write -down of health insurance premiums and reconstitution of the Insurance Advisory Committee. (Effort led by the Tax Collector on behalf of the participating agencies). Awards: International City -County Management Association's Strategic Leadership and Governance Program Excellence Award (Local Economic Stimulus Program - Policy Development) County Attorney: • Negotiated three settlements: o Tradition -over naming rights; resulting in payment of $50,000 to the County. o Groveland Utilities case before the Public Service Commission. o Property owner in the T&T Land airport eminent domain case. • Successfully validated bonds for the energy financing program and the Lennard Road MSBU. • Drafted interlocal agreement with the City of Port St. Lucie for the collection of the County roads, parks and public buildings impact fees. • Successfully defended a decision by the St. Lucie County Board of Adjustment in Circuit Court (Chambliss v. St. Lucie County Board of Adjustment). • Participated in a case with several other counties that resulted in a determination that the state could not require counties to fund regional conflict counsel offices. • Participated in a class action lawsuit with other counties against internet travel companies (Priceline) that resulted in payment to the County of $40,669.29. Property Acquisition • Acquired a 12-acre parcel to establish the North Fork Greenway trail system that will extend from the Gordy Road Recreation Area to White City Park, a distance of six miles. • Acquired right-of-way from 8 property owners for the widening of Midway Road from South 25th Street to Selvitz Road. • Acquired Permanent Slope Easements, Right -of -Way Easement, Sidewalk Easement and Ingress/Egress Easement from 5 property owners for Public Works / Environmental Resources projects. • Assisted the Housing and Community Services Department purchase 2 homes, sell 8 homes and transfer 10 homes to Fort Pierce Housing Authority as part of the Neighborhood Stabilization Program. • Sold 15 parcels of real property of insufficient size and shape. Criminal Justice • Created an online 'Case Scheduling' module which has been added to the Judicial Calendar Application allowing attorneys and Pro Se filers to schedule hearings electronically throughout the 19th judicial circuit via the Web. The system currently supports 986 registered attorneys/pro se users representing over 650 law firms. • Created a new automated hotline for defendants in drug court, mental health court and pretrial. • Helped facilitate tremendous cost savings to the Jail and the County for inmate medical (transfers/releases of terminal defendants, pregnancies, cancer, surgeries, heart problems, etc.) Over 50,000 jail bed days saved (at $60 per day, without medical, saves over $3 million) • Opened new lab site in Okeechobee County. From January 2011 through December 2011, the Drug Lab processed 18,596 drug screens at the Ft Pierce site and 2,034 at the Okeechobee site. Awards: • The SLC Pretrial Program received a national award from Satellite Tracking of People Inc. for "Innovative Use of GPS Technology". County Administration: • Media implemented SLCTV broadcasting on AT&T U-Verse 99 cable network throughout the Treasure Coast and Palm Beaches. • Media hosted monthly Coffee with the Commissioner meetings in Studio 101. • Media implemented Closed Captioning of all SLCTV programming. Treasure Coast Research Park • Facilitated completion of ground leases on land transfers with TCERDA Partners - 60 acres SLC BOCC to SLC School District -468 acres SLC School District to OF -190 acres OF to SLC School District to SLC BOCC to TCERDA -295 acres SLC BOCC to TCERDA • Facilitated development of Phase 1 Conceptual Site Plan which includes 154 acres- 1.3 million square feet (four 32 acre quads). Finalized plans for Phase 1A of the Site Plan (8 acres for development of 76,000 square feet of laboratory and offices). Capital Projects: • Research Park facilitated the installation of sanitary sewer and water lines by FPUA. • Media completed the relocation of SLCTV's Studio from Morningside Library to Room 101 in the County Administration Complex. Awards: Media 2011 National Association of County Information Officers Excellence Awards: o Meritorious (Audio/Video One -Time Programing: Oxbow's Earth Day Celebration PSA) o Meritorious (Special Projects/Media Relations: FTA Visits St. Lucie County's Intermodal Facility) o Excellent (Feature Writing: All Smiles At Lawnwood Skate Park) o Excellent (Special Projects/Ceremonies: Green Collar Training Center Grand Opening) 2011 Florida Public Relations Association Treasure Coast Chapter: Judges' Award o (Press Releases: St. Lucie County Libraries Offer Language Courses Online) o (Public Relations Programs - Public Affairs Category: The Federal Transit Authority's Build Week in St. Lucie County) County Administrator 2011 American City & County Magazine's County Leader of the Year Florida City and County Managers Association's Career Excellence Award South Florida Business Leader's 2011 Women Extraordinaire Award International City/County Management Association's Strategic Leadership and Governance Program: Excellence Award (Local Economic Stimulus Program - Implementation) 3 OPERATING DEPARTMENTS Environmental Resources and Co-operative Extension: • Secured $682,535 in grant funds for land acquisition, management, greenways and trails access and habitat restoration projects. • Secured a habitat restoration grant for work already scheduled resulting in a reduction in $43,000 in operating costs. • Increased exotic vegetation removal by 18% over FY10. • Increased visitors to the Oxbow Eco-Center and Preserve by 17% over FY10. • Increased environmental and school program participation by 62% over FY10. • Increased vegetation permits by 21 % over FY10. • Increased equestrian use of Bluefield Preserve by approximately 150% over FY10. Resulted in national press coverage in Trail Rider magazine. • Increased web contacts at Cooperative Extension by 60% over FY10. • Saved the County an estimated $30,000 in environmental consulting fees by providing professional assistance to other Departments. New Partnerships: • Partnered with the St. Lucie County Fire District and Florida Parks Service (Savannas State Park) to share equipment, funding and resources for prescribed fire and wildfire prevention and to enhance threatened and endangered species habitat. • Partnered with the Up the Creek Disc Golf Club reducing operation and maintenance costs significantly while still improving the course. The improvements will attract State tournaments to the County with the Club providing the advertising and marketing. • Partnered with Florida Atlantic University to help increase populations of several federally endangered plant species on County Preserves which are found nowhere else in the world. Awards: • National Association of Counties 2011 Achievement Award for the County's Controlled Burn Training Partnership with Indian River State College. Housing & Community Services: • Maintained library services at close to FY10 levels with a 26% reduction in library hours: Served 308,347 virtual and 459, 229 in -person visitors, totaling 767,576 visits. • Facilitated an estimated $78 million in veteran compensation which is a 27% increase over FY10. • Assisted 1,668 residents with filing tax returns through the VITA program for a total return of $2.26 million which is a 43% increase over FY10. • Secured $61,000 in reimbursements for Community Services funds expended during Tropical Storm Fay; above and beyond FEMA payments. • Established the foundation of the Library's E-Book service, with the purchase and installation of a 300 volume E-Reference Collection. Capital Projects: • Purchased 14 replacement transit vehicles through the receipt of $4.5 million in Federal Transit Administration State of Good Repair grant funds and $225,720 in Section 5309 funds. • Completed construction of the Transit Intermodal Facility which was featured as part of the Presidents "Build Week" tour. Press conference was attended by Peter Rogoff, Federal Transit Administration Administrator from Washington DC. • Commenced construction of the Hurston Branch Expansion. • Installed security camera systems at all Branch libraries. • Completed installation of a bus shelter including, mosaic bench, planters, bicycle racks and trash receptacles at the renovated PAL facility. Partnerships: • Collaborated with St. Lucie County School District to open an Alternative High School site at the Morn ingside,Branch. • Initiated a community education campaign about the Safelink Free Cell phone program for low income residents. Distributed more than 5,000 applications. Awards: • Housing Division NSP 1 program ranked number two in the State for overall program achievement. Human Resources: • Facilitated the opening of the Employee and Family Health Center which has experienced a 94% utilization rate. • Facilitated the selection of a new third party administrator for the County's health insurance program (Blue Cross -Blue Shield). Medical services were discounted by 67% as opposed to 47% under the prior third party administrator. Mosquito Control & Coastal Management: • Successfully managed the sentinel monitoring, mosquito inspections, backyard manual control measures and effective ground ULV control of multiple vector populations which resulted in no 'Locally -acquired' human cases of arbovirus (West Nile virus, St. Louis Encephalitis, Malaria, Dengue, etc.). • Completed development of the state -required Pesticide Discharge Management Plan to meet U. S. Environmental Protection Agency - National Pollution Discharge Elimination System (NPDES) (permitting requirements for pesticide applications to take effect October 31, 2011). • Submitted the 5-year 'Notice of Intent to Apply Pesticides' permit application to the State of Florida (issued before October 31, 2011). • Initiated near shore Artificial Reef permitting for a 1-mile square area in the Atlantic Ocean adjacent to Blind Creek Park (data collection is complete). Capital Projects: • Completed installation of electrical supply for a quad pump station at Imp 14C ($57,004) • Completed 60,000 cyd Emergency Beach Re -nourishment at Ft. Pierce Beach ($1,324,329) 5 • Completed four (4) Artificial Reef Deployments (2000 tons) funded by the Fish & Wildlife Commission ($74,200) New Partnerships: • Partnered with Teen Anglers/Boys & Girls Scouts/Home-Schooled collecting Mangrove seedlings at Bear Point Sanctuary and Vitolo Family Park • Partnered with Surfriders for beach clean-up at Blind Creek, Frederick Douglass and John Brooks Park • Partnered with Jack & Jill of America for beach clean-up at Frederick Douglass Park. Awards: NACo Achievement Award Winner for Artificial Reef/Oyster Restoration Program Office of Management, Budget. Purchasing and Grants: • Coordinated the completion of Standard & Poor's and Moody's surveillance review of the County's debt ratings. Overall ratings were maintained and -or upgraded. • Facilitated the completion of an update to the County's cost allocation plan for indirect costs. This was the first update in nine years. • Participated in the State's new process allowing for electronic submission of Truth in Millage (TRIM) documents. • Successfully secured $1,004,692 in grant funding for county projects Awards: • Received the GFOA budget award for the FY 11 budget. Parks. Recreation & Facilities: • Installed new landscaping at Harbor Point, Employee Health Clinic and UDT SEAL Museum. • Installed new picnic pavilions at River Park Marina and Lawnwood Tennis Complex/Lawnwood Baseball. • Added 62 horse stalls at the Fairgrounds to attract more equestrian events; bringing the total stalls from 52 to 114. • Sponsored two "cancer walks" at Lincoln Park Community Center. • Took 40-50 children to "Kids at Hope" ceremony at Indian River State College. • Co -sponsored the Florida High School Athletic Association Baseball Tournament at Digital Domain. • Hosted the Southern Kingfish Association Nationals — 2010 National Championship at the Fenn Center. • Hosted 10 horse shows as well as the Florida High School Rodeo at the Fairgrounds. • Completed kitchen floor replacement at Rock Road Jail. Capital Projects: • Renovated the interior and exterior of Lincoln Park Community Center. • Demolished the Paradise Park swimming pool and installed three new pavilions. • Completed the fountain and other site improvements at Martin Luther King Dreamland Park. • Installed new restrooms at Stan Blum Boat Ramp and Lawnwood Baseball fields. • Oversaw completion of the Employee Health Clinic construction 6 • Oversaw completion of the Emergency Vehicle Storage facility construction at the E.O.C. • Oversaw completion of the Intermodal Bus Transfer Station construction in conjunction with Community Services. New Partnerships: • Partnered with the Historical Society to operate the Regional History Center in lieu of closure due to staffing shortages. Awards: • National Association of Counties Achievement Award — Employment and Training for County Residents Category: Parks, Recreation and Facilities Department (Green Collar Training Center) • Florida State League Sports Turf Crew Awards — Certificate of Commendation: Parks, Recreation and Facilities Department (fields at Digital Domain Park) Planning & Development Services: • Facilitated Board approval of the 2011 update to the Airport Master Plan • Completed the Airport Master Drainage Plan update • Commenced construction of the new Airport Terminal renovations • Settled objections to the Evaluation and Appraisal Report (EAR) based amendments to the St. Lucie County Comprehensive • Issued the Western Lands Study Report and held final public workshop for feedback on the recommendations • Processed TCERDA's Planned Non -Residential Development (PNRD) site plan • Processed 7,955 permit applications through Permitting and Zoning which is 481 more than in FY10, or a 6.4% increase • Added 3 new over-the-counter permits in the Building Department bringing the total from 11 to 14 • Processed 3,517 Code enforcement cases with a 90+% abatement rate in 2011 compared to 2,649 cases in FY10 — a 32% increase. • Tourism launched the Summer Fishing Campaign targeting Tampa's fishing community which encouraged Tampa's fishing enthusiasts to visit St. Lucie County's fishing opportunities and affordable fishing packages offered by hotels and marinas. • TDC issued a $148,720 capital grant to Heathcote Botanical Garden to complete the James J. Smith Bonsai Gallery which displays the nation's largest collection of tropical bonsai trees. • Tourism designed and posted six billboards along 1-95 and the Turnpike promoting the area's main assets including outdoors/nature, beaches, golf, historic Fort Pierce, horseback riding on the beach and fishing. Partnerships: • Implemented the Chamber's Small Business Task Force to review and make recommendations on amendments to the LDC to assist small business. Task Force was recommended by the Citizen Budget Committee. • BOCC staff (Planning, Code Enforcement, Public Works, ERD) collaborated with Sheriff and Fire District to successfully host the County's first Mud Jam event. 7 • Tourism served on the advisory board of "Fort Pierce Authentic Tours" program which promotes Fort Pierce as an eco-tourist destination. • Tourism partnered with Indian River State College —particularly the new Public Safety Complex. Partnership to promote educational tourism. • Tourism partnered with Fort Pierce Westwood High School to support the Entrepreneurship/Travel/Tourism Program which is a new business program adding travel and tourism as a curriculum elective. Awards: Airport: US Fish and Wildlife Service Regional Directors Award for the Airport's Florida Scrub Jay Plan in June, 2011. Planning Division: National Association of Counties Technology Achievement Award for the Planning Online Project Tracking System, a web -based database that allows the public to access critical documents for land development projects. Tourism: National Association of Counties 2011 Achievement Award Winner for the TDC Capital Improvement Grant Program in recognition of an effective and innovative program. Public Safety & Communications: • Created an interactive mapping program, Evacuation Zone Viewer, allowing citizens to determine what hurricane evacuation zone they are in, shelter locations, etc. Capital Projects: • Installed an 8-position back-up recording system for the 911 Center located in the Information Technology compound. • Installed a security surveillance system in all County libraries. Awards: The American Red Cross awarded the Community Courage Award to the Animal Control Coordinator for her animal rescue efforts at the Animal Sanctuary Refuge. The National Association of Counties (NACo) awarded Information Technology the 2011 Achievement Award for the development and implementation of a Planning Online Tracking System. Public Works: • The Engineering Division completed construction of two significant roadway projects: o Walton Road Widening: widened the existing two-lane roadway from Village Green Drive to Lennard Road to a four -lane divided roadway. The project included landscaped medians, a 12-foot multi -purpose path and Bicycle lanes. o Lennard Road MSBU: constructed approximately 1 Y2 miles of new two-lane roadway between Prima Vista Boulevard (east of US-1) and Kitterman Road. An extension of Tilton Road westward completed the alignment. Water Quality Division o Paradise Park Phase 3: completed construction of six detention ponds and initiated construction of the storm sewer system by using the in-house construction crew. Awards: o Utilities Division: The Florida Rural Water Association awarded the North Hutchinson Island Water Reclamation Facility the best Small Wastewater System of the Year for 2011. X MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chair District No. 3 Chris Dzadovsky District No.1 Frannie Hutchinson District No. 4 Chris Craft District No. 5 ddiffiliffilludill� MINUTES Approve the minutes from the December 20, 2011 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12,13,14 and 15. 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. E E m m N N T T U QQ F- Of CQ p OJ Z }}. W Z � OO U U pw W J O U N t U R U fn U J cc m a c O 0 a i CO 0 d LO '0) �• c w •� N U Q U ,vo O m o =Lc UO N Co•O a_ L U' t 6 �+ 5 m 3� m O C p ao� C L J 2 0 L c m O O L- U p y 0 m .c •a O q1 O c Q � •O O m .L m U E M L O � d O i L 0 O •p U- Q Y L r O co o O 0 U 0 V Q n. d L Lea m c v m om� c N E 0 N 00 O U O a) 0 _ C E m ~ O Z Q 0 ca ?' o � O E cn O C cu = N a E E to O U U c O O -a E O Co � LO � c O L CL U = a U -0CD 0 -0 N � 0 O r cn ..0 fa o 30 ems•; H Z W O V U J m a W Z w 0 Z W Q F- Z W U) Z O U m U O c Q. _ c c6 cd a c a) C a) cn c U CD U = 0 Uc ca -00 a a ,a) E U c Ca 0 O E a C ca _o M ti co LO d' cM LO O Z C �ZI 3 L. H a c ca _o 06 ai ti C crS M C f2 N E _ c U) cu c cLa N O 0_ a cu U D a) s H c ca cm c O a c _ U- ca U U- o M 0 0 O Z C O O cn a _ m 0 O a 0_ ¢ a) a N N O ca a C ca 0 0 0 609, LO O c o 0 E ¢ O O — U M N 0 o T o a z > O Q CL cu ai CU O m a N U) cu O o �L ca 0 " CU H U ca E U U FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 12,752.19 GRAND TOTAL: 12,752.19 PAYROLL 29,794.65 29,794.65 FUND SUMMARY- MU69UITU FUND TITLE EXPENSES 145 Mosquito Fund 14,144.06 GRAND TOTAL: 14,144.06 PAYROLL 0.00 0.00 FUND TITLE 145 Mosquito Fund FUND SUMMARY- MOSQUITO EXPENSES 6,411.98 GRAND TOTAL: 6,411-98 PAYROLL 28,824.60 28,824.60 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.orq Nii(ililiilliiliil{Illfilillillii9iili llYlfi�Ii396iiiiilflli9 0i191a9iiiiiiiiflYiioYii�iY�ifYfiuifY� Y �fiiYlu�f�Y �ilIi,IIliiiiliYiili6tYiiYiYilliiiill�iiiiiifiiiiiill 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 IIIIIYIIIIIIi11111111111YY1f1111IIItiY111111Yllillllllflll11f1111Y11i11IIIIIIIf11IIIIf1111/Tiff111/11if111YfIIIIIIIfli/fY111iRim f-ill iiiYill iill filfiiill iliilillllllfllllllYifi1111fIf1YillliiiliillliiYiiiliiil MINUTES Approve the minutes from the December 20, 2011 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12, 13, 14 and 15. B. MOSQUITO CONTROL & COASTAL MANAGEMENT Fort Pierce Inlet Management Plan Grant Amendment Consider staff recommendation to approve the Fourth Amendment to FDEP Project Agreement 07SL3 along with Work Authorization No. 9 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting, re U-i Z ry LL LLI U Wc 23 Z G Z D D O W LLULLI J co Isl ' -o r Q N N a) a) U 0 ai cu 2 U 'a) J c0 (u IL C O co c t U c c cu a O (D ?� Q- O L U o ^) C CO L ,0U CL cn a� U C O Z N E O O N U0 cc o ' U .E 0 '3 CU Q O .— ) 0 m J �O m Q � •ai J 0 W o cu O CU O L2U cn E c cu 'D U Q 0 >+ Q O � � m O C -2 U o� c36 a) CK >1 L O -cu x LL C:pU (6 O 4- O O N cu p O O i .0 cu a) �'0 .'" "O O a) OQMLL m o 0 0 0 cu co 00 0 o - -a U (1) o E c cu c) C c Z U a) w--. tB ce (D U Q O O CD co L L r E a) 0)Q Q �� o E Z 4-. 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LUCIE COUNTY - BOARD FZABWARR WARRANT LIST *12- 17-DEC-2011 TO 22-DEC-2011 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,523.46 GRAND TOTAL: 3,523.46 PAGE 1 PAYROLL 6,490.29 6,490.29 12/30/11 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #13- 23--DEC-2011 TO 30-DEG-2011 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 4,855.26 0.00 01/06/12 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #14- 31-DEC-2011 TO 06-JAN-2012 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,116.03 6,490.29 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funding previously approved in 184212-3710-543000-3712 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Fourth Amendment to FDEP Project Agreement 07SI-3 and Work Authorization No. 9 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Signatures County Attorney (x) Daniel S. McIntyre Originating Dept. ( x ) Japes R. David AGEN D372.A4. DEP07SL3 CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director (x ) Budget Analyst Contract Coordinator Erosion District (x ) Marie Gouin f Patty Marston Melissa Simberlund ft Richard -A. Bouchard �n r xj }� I �■}�j TO: Erosion District Board Mosquito Control & Coastal Management Services Erosion District MEMORANDUM THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Coastal Engineer DATE: January 17, 2012 SUBJECT: Fort Pierce Inlet Management Plan Grant Amendment ITEM NO. III-B Background: The State's management plan (May, 1997) for Ft. Pierce Inlet indicates it is cost effective to utilize off -shore sand sources to mitigate the erosive impacts due to the inlet on the down -drift shoreline but to consider sand by-passing alternatives (transfer of beach sand from the north side of the inlet to the south side) in the future. On January 8, 2002, the Board approved a matching grant with FDEP along with a scope of work for Taylor Engineering, Inc. to initiate a feasibility study to evaluate various sand by-passing alternatives. Taylor Engineering, Inc. completed a draft feasibility study in June 2003 and after several discussions, FDEP staff recommended evaluating the sediment impoundment basin alternative in greater detail. On July 15, 2008, the Board approved FDEP Project Agreement No. 07SL3 and Work Authorization No. 13 with Taylor Engineering, Inc. in order to move forward with this alternative. The Board approved an amendment to both the work authorization and FDEP grant on January 20, 2009 for additional field work, data collection, a preliminary design and corresponding document to assist with future decision making. Two subsequent amendments to the grant agreement were approved to increase state funding, include a more detailed work plan and extend the expiration date. After holding a public workshop and subsequent workshop with the Board, there was a consensus to move forward with the final design and permitting of the sediment impoundment basin alternative on a "pilot" project basis with direction to minimize impacts to the environment and the adjacent Inlet State park. This alternative would include siting an inlet sand trap just inside the Ft. Pierce inlet near the north jetty with the intent of capturing sand migration from the adjacent beaches for future placement on the down -drift beach immediately south of the inlet. The scope of work for this effort has been reviewed and approved by FDEP and is included in the attached work authorization ($275,848) with Taylor Engineering, Inc. The attached FDEP grant amendment reallocates existing funds from task 2.2 to task 2.3, providing for a 50% cost share for this work and also extends the grant expiration date. Previous Action: January 8, 2002 -Board approved FDEP Grant and W.A. with Taylor Engineering to initiate feasibility study. July 15, 2008 - Board approved FDEP Grant No. 07SL3 and W.A. No. 13 with Taylor Engineering. January 20, 2009 - Board approved Al to FDEP Grant No. 07SL3 and Al to W.A. No. 13 with Taylor Engineering. January 12, 2010 - Board approved A2 to FDEP Grant No. 07SL3 to include additional funding and work plan. December 14, 2010 - Board approved A3 to FDEP Grant No. 07SL3 to revise the expiration date and work plan. Recommendation: Board approval of the Fourth Amendment to FDEP Project Agreement 07SL3 and Work Authorization No. 9 with Taylor Engineering and authorization for the Chairman to sign documents as approved by the County Attorney. ;1 Amendment No. 4 to FDEP Grant 07SL3 (8 pages) W.A. #9 w/Taylor Engineering (10 pages) AMENDMENT No: 4 DEP AGREEMENT No: 07SL3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR FORT PIERCE IMP IMPLEMENTATION THIS AGREEMENT entered into on the 81' day of January, 200 2009, amended on the 12"' day of January, 2010, and amended on the 23 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIC 'DEPARTMENT"), and the ST. LUCIE COUNTY EROSION DIST "LOCAL SPONSOR"), whose address is 2300 Virginia Avenue, Ft :;Pie as follows: WHEREAS, the LOCAL SPONSOR has requested and the Agreement; and, WHEREAS, other changes to the Agreement are ended on the 20"' day of January, of December, 2010, between the hereinafter referred to as the (hereinafter referred to as the lorida~ 349,82, is hereby amended TMENT has aQreed:to extend this NOW, THEREFORE, in consideration of the mutual benefits.,; to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree., as follows • Paragraph 2 sentence one is hereby deleted in; its entirety and replaced with the following: This Agreement shall begin'"on thelast;date executed grii.d end on Sept"ember 30, 2014. • Paragraph 7 sentence`;three is hereby deleted in its entirety and replaced with the following: Each Scope of Work shall require approval by ;the DEPARTMENT as to content, deliverables, and schedule and shall be. incorporated into the Grant Work Plan in the form of an approved amendment to this Agreement. • Paragraph 8 is herebyy'deleted m rts'entirety and replaced with the following: A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identifiedin Table 1 below TABLE 1 Task # Eligible Project Tasks Estimated Project Costs Federal DEP Local Total 2.0 Design and Permitting 2.1 Sediment Impoundment Basin $117,905 $117,905 $235,810 2.2 Basin Alternative Evaluation $195,774 $195,774 $391,548 2.3 Sand Trap Design and Permitting Services $151,624 $151,624 $303,248 TOTAL PROJECT COSTS $465,303 $465,303 $930,606 of DEP Agreement No. 07SL3, Amendment No. 4, Page 1 of 4 B. Changes that transfer funds from one task to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. • Paragraph 12 sentence three is hereby deleted in its entirety and replaced with the following: If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces which are no longer available to the public. • Paragraph 14 the first sentence is hereby deleted in its entirety and replaced with the following: As consideration for the satisfactory completion of the eligible work, identified m Attachment A and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. Paragraph 15 sentences one through four are hereby deleted°'in their entirety and replaced with the following: The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days'after.receipt of each request for payment to determine that the work has >been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment It -is understood and agreed that any request for payment that requires the DEPARTMENT to requesf ,additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the request for payment, the DEPARTMENT shall disburse the funds due to'the LOCAL SPONSOR less ten>(10) percent, which shall be retained on account. Paragraph 18 is hereby revised to change the DEPA,RTMENT's.Project Manager to Guy Weeks, Phone: 850/922-7714. Paragraph 21 in hereby deleted m is entirety and`replaced with the following: Any notices between the parties,shall„be; considered delivered when posted by Certified Mail, return receipt requested, or overnight courier''service, or`dehvered m,person to the Project Managers at the addresses below. DEPARTMENT Richard Bouchard ,. Dena VanLandingham, Grant Program County MC &'Coastal Management Administrator Lucie County;'Erosion District Department of Environmental Protection 3150 Will Fee Road Bureau of Beaches and Coastal Systems Fort Pierce.,f lorida 34982 3900 Commonwealth Blvd., MS 300 7.72 462-1710 Tallahassee, Florida 32399-3000 bou'ehardr@stlucieco.org (850) 922-7711 Dena.vanlandingham@dep.state.fl.us Any changes to the contact information shown above or in paragraph 18 must be reduced to writing in the form of a Change Order to this Agreement. DEP Agreement No. 07SL3, Amendment No. 4, Page 2 of 4 • Paragraph 42 the following language is hereby added: A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. LOCAL SPONSORS are prohibited from commingling funds on either a program -by -program or a project -by - project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a LOCAL SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms" of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall.refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by:: the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate used, by the State'..Board of Administration. Interest shall be calculated from the date(s) the>' `original payment(s) are %;received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the T,QCAL ,SPONSOR to the DEPARTMENT. C. In the event that the LOCAL SPONSOR recovers costs, mcurired under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered f iids ,.originally provided"`under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the , State Board of Administration. Interest shall be calculated from the dates) the payment(s) are recovered' by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. Paragraph 42 the followinglanguage is If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in;violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect , . Attachment A-3, Grant Work Planijs"hereby deleted iri its entirety and replaced with Attachment A-4, Revised Grant W,.or Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A-3 shall hereinafter refer to Attachment A-4, Revised Grant Work Plan. In all':."' her respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remainin.full force and effect. OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL3, Amendment No. 4, Page 3 of 4 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT By: Title: *Commission Chair Date: FEID No.59-6000835 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary �'o r designee n Administrator as to form and legality: Grantee's Attorney Department of Environmental Protection *If someone .,other the Commission Cha'irsigns this Agreement, a resolution, statement or other documentation authorii''ifing"I"hat versonJQ sign the Agreement on behalf of the County/City must accompany the List of Attachments/Exhibits included as paft'of this Agreement: Specify Letter/ Type Nuifi,`&e" r., Description (include number of pages) Attachment A-4 Revised Grant Work Plan (4 pages) DEP Agreement No. 07SL3, Amendment No. 4, Page 4 of 4 ATTACHMENT A-4 REVISED GRANT WORK PLAN Project Title: Fort Pierce IMP Implementation Project Location: The project is being performed within the St. Lucie County boundaries between the DEP reference monuments R34 and R47. Project Background: The Ft. Pierce Inlet is a federally maintained inlet. The Ft..,Pierce Inlet Management Plan adopted in 1997 defines measures needed to mitigate the adverse impacts of the inlet on the coastal system. A feasibility study has been completed and the design of the sand trap continues. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, for all applicable DEPARTMENT permits and the eligible proJect ,task items established below. All data collection and processing, and the resulting product `',deliverables, shall comply with the standard technical specifications contained in the DEPARTMENT'S` Regional '`Data, Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified „in, the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. Theseplans may be found at http://www.dep.state.fl.us/beaches/. Three (3),origmals and one,(1) electronic copy ofall'written reports developed under this Agreement shall be forwarded`to:;:the DEPARTMENT, unless „ otherwise specified. Project Description: The deliverables listed below are to be completed!andapproved by the DEPARTMENT by the due date listed. The PROJECT consists of the implementation of :the Ft Pierce Inlet. Management Plan that includes measures to mitigate the impacts of the Inlet. The planrecommends Bypassing beach compatible dredge material to downdrift beaches within the area of inlet influence, development of a sediment impoundment basin to facilitate bypassm11 g and the implementation of a;comprehensive monitoring program. 2.0 Design and Permitting Professional services required for engineering and design, obtaining environmental permits "and other' authorizations and;;.the preparation of plans and specifications for beach nourishment 'This item specifically excludes permit application fees or any other fees paid to the State of Florida .;: Performance standard: All deliverables, reports, and monitoring results will be circulated to the Bureau for review"'and comment. When comments are received from the Bureau affirming that the Aeliverable,is,`acceptable, payment will be authorized. 2.1 Sediment I"mpoundment Basin Taylor Engineering was retained by the St. Lucie County Erosion District to conduct a field measurement study of Ft. Pierce Inlet in support of the sediment impoundment basin design effort. Tasks associated with this effort include: Tide measurement and wind data collection, current and suspended sediment (or bed elevation change) measurement, bathymetric survey, validation of sediment characteristics, evaluate sediment basin design alternatives and preparation of a final report. DEP Agreement No. 07SL3, Amendment No. 4, Attachment A-4, Page 1 of 4 2.2 Deliverable A: Digital tide, velocity, wind, wave, and sediment data CD(s) — 2 copies. Deliverable cost: $142,942 total value ($71,472 - DEP cost). 100% completed on April 20, 2009. Deliverable B: Digital bathymetry data CD(s) — 2 copies. Deliverable cost: $63,295 total value ($31,647 DEP cost). 100% completed on April 20, 2009. Deliverable C: Five hard copies and digital copy in pdf format of the report summarizing the findings. Drawing files provided in AutoCAD format with appropriatehorizontal and vertical datum information and 2 Data CD(s). Deliverable cost: $29,573 total value ($14,786 - DEP cost) 100% completed on April 20, 2009. Basin Alternatives Evaluation Taylor Engineering was retained by the St. LucieCount, sediment transport modeling and alternative.analysis in basin design effort. Tasks associated with this effort inc calibration and validation; geotechnical investigation, Et Basin alternatives analysis; Final report; Preparation "of:.( project results and recommendations; Preparation of the permit submittals; Response to RAI's, and Project coord Deliverable A: Baseline Mathematical M Report detailing the setup of the baseline I summary of the findings and results. The, of the Atlantic 0 "' " 'and a portion of the Wabasso (Indian River'Co);to Sewall's Pi Deliverable cost: $54,880 total value ($27 2009. Erosion District to inport of the sedim .seline model setup"' ntal assessment'documeni document; Presentation of P permit application and and management. el,:the calibration and validation efforts, and a lel domain will"include Ft. Pierce Inlet, portions ian River Lagoon from Marsh Island near (Martin Co.). - DEP cost). 100% completed on October 2, Report'detailing the re sults:of the subsurface geotechnical investigation of the Fort Pierce Inlet area. The report will include field logs, photographs, core logs, gradation curves, and recommendations bn.methodologies that are considered most appropriate to dredge the sediment basin. D.eiiverable cost: $121;276 total value ($60,638 - DEP cost). 100% completed on October 30, 2009.: DeliverableC: Environmental Assessment: Development of;reports and documents in the formats required by the National EnvironmentalPolicy Act (NEPA), including an Environmental Assessment, a draft Biological Assessment, and an Essential Fish Habitat Evaluation for use in state and federal environmental permitting processes. Deliverable cost: $72,111 total value ($36,056 - DEP cost). 100% completed on January 8, 2010. DEP Agreement No. 07SL3, Amendment No. 4, Attachment A-4, Page 2 of 4 2.3 Deliverable D: Decision Documents: Two hard copies and a digital copy in pdf format of the document stating clearly the commitments (operational and funding) required from the USACE, the State of Florida, and the St. Lucie County should the project move forward. Deliverable cost: $13 8,142 total value ($69,071 - DEP cost). 100% completed on January 8, 2010. Deliverable E: Presentation of Project Results and Recommendations: One CD with the digital copy of the presentation to be made to the St. Lucie County Board of County Commissioners and a digital copy of the presentation to be iriade,at a local public workshop showing the results and recommendations of the study, Deliverable cost: $5,138 total value ($2,569 — DEP cost). Due December 31, 2012. Sand Trap Design and Permitting Services Taylor Engineering & subcontractors will collect dal engineering design and permit applications for the' 'Fi completion of the data collection, Taylor Engineerin, application meetings with the FDEP and USACE in submittal of a joint coastal permit application. We v data collection and pre -application meetings to condi develop a final basin design that meets the project ol: impacts. We will prepare and sub rriit a;Joint Coastal required to complete tl Pierce Inlet sand trap."! will coordinate and pat .-eparation for the comp and USACE. We will respond to any RAl's,and maintain a c between the applicant and the participating agencies, Deliverable A: Sub bottom seismic Survey Data and Report` Bathymetry and=Topography Survey Data files. Deliverable cost: $28,483 total value ($14,241.50 - DEP cost). Due Date December 31, AI"'.). xmation gathered from the engineering analyses to minimizing adverse application to the FDEP ine` of communication Deliverable B: Hardbottom/ mitigation site survey data files and summary report. Deliverable. cost: $32,5:17 total value ($16;258.50 - DEP cost). Due date `Deeember 3l; 2012. Deliverable C: Vibracore Data and`Report. Deliverable cost: $41536 00 total value ($20,768 - DEP cost). Due„date: December 31, 2012. D: Minutes of the FDEP pre -application meeting & Minutes of the USACE Deliverable cost:<$7,336 total value ($3,668 - DEP cost). Due date: December 31, 2012. Deliverable E: Final construction plans, cross section plots and summary report. Survey data files, reef design drawings and summary report for the conceptual mitigation plan. Deliverable cost: $71,138 total value ($35,569 - DEP cost). Due date: December 31, 2012. DEP Agreement No. 07SL3, Amendment No. 4, Attachment A-4, Page 3 of 4 Deliverable F: Summaries of Presentation to the St. Lucie County Board of County Commissioners & Public Workshop Presentation. Deliverable cost: $8,464 total value ($4,232 - DEP cost). Due date: September 30, 2013. Deliverable G: JCP application to FDEP in hard copy and digital format. Deliverable cost: $33,814 total value ($16,907 - DEP cost). Due date: September 30, 2013. Deliverable H: Response to FDEP RAI # 1. Deliverable cost: 7/31/2013 $10,000 total value ($5,000 - DEP Due date: September 30, 2013. Deliverable I: Response to FDEP RAI #2 and Public Corr Deliverable cost: $20,000 — total value ($10,000 - DEP: co Due date: September 30, 2014. Deliverable J: Quarterly progress reports begmning I` qu of 2013. Quarterly reports due with —in two weeks:'of end Deliverable cost: $22,560 total value ($11,280 - DEP cost; DEP cost). Due dates: April 15, 2012; July 15;,2012; October 15, 20 '' and July 15, 2013. Deliverables K: Future sand trap design and fermi; under this task must be approved by Bureau staff •P expended until an am endment is executed p "'cont Total cost $27,400 total:value ($13,700 - DEP cost). Due date: September 30 2014. All Tasks are Contractual''Servi of 2012 and tch quarter. . 880 per qu, uarter report — 15, 2013; April 15, 2013 `Scopes of work added these funds may be DEP Agreement No. 07SL3, Amendment No. 4, Attachment A-4, Page 4 of 4 WORK AUTHORIZATION NO. 09 CONTRACT C08-12-632 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2012, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "District" and TAYLOR ENGINEERING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on December 16, 2008, the District entered into a Consulting Agreement (Contract No. C08-12-632) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The District has determined that it would like to complete a project described below: Ft. Pierce Inlet Sand Trap Final Design and Permitting Services (hereinafter referred to as "the Project".) 2. SERVICES: The District 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 (C08-12-632). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 2. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of two hundred seventy-five thousand eight hundred forty-eight and 00/100 dollars ($275,848.00), as further detailed in Exhibit " B". 3. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 4. 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 "C". 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 District 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 Work Authorization effective the date first written above. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT DEPUTY CLERK WITNESSES: (1) BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TAYLOR ENGINEERING, INC. BY: (2) PRINT NAME: TITLE: Page 2 of 2 Scope of Work for Ft. Pierce Inlet Sand Trap Final Design and Permitting Services Overview Exhibit A The state adopted Ft. Pierce Inlet Management Plan requires beach placement of 130,000 cy/yr of beach compatible sand on downdrift beaches. The placement mitigates the impacts of the inlet to the downdrift shoreline areas and maintains the longshore sediment transport from north to south across the inlet. The Ft. Pierce Shore Protection Project currently exceeds the bypassing requirements; however, the project has performed poorly at the northern end due to localized inlet impacts and severe storm -induced erosion. In 2004, Taylor Engineering completed a study to identify an annual bypassing operation that could meet either the state adopted bypassing requirements or, at a minimum, supplement the shore protection project to buffer high erosion rates and maintain the federal beach restoration project's design template over its renourishment interval. Subsequently, Taylor Engineering completed a feasibility study in 2009 to evaluate construction of a sediment basin within the inlet. With results appearing favorable for implementation of a sediment basin, the project sponsors proceeded to the preliminary design phase. The resulting Decision Document, completed by Taylor Engineering in May 2011, evaluated two alternative designs and offered recommendations regarding implementation of a bypassing program. In the current project phase described in this scope of work, Taylor Engineering will draw upon the results of the past studies to finalize a sediment basin design and assist St. Lucie County with obtaining state and federal permits. We have made several key assumptions in developing this scope of work and associated fees for the project. These assumptions, noted below and throughout this scope of work, affect the proposed level of effort and associated costs. If any of the assumptions should prove incorrect, we will submit a proposal to modify our scope of work and our fees accordingly. We have developed this scope of work with the following assumptions and background information: 1. The data collection and review (Task 1) is based on Florida Department of Environmental Protection (FDEP) review comments received during the previous project phase. FDEP recommended a seismic survey of the proposed basin. A bathymetry survey is also required to provide current information. We assume no additional geotechnical surveys (i.e. vibracores) are required; the geotechnical data collected in 2009 will suffice for design and permitting purposes. 2. We will conduct the pre -application meetings (Task 2) after completion of data collection and review (Task 1) in order to discuss the survey results and project design implications during the meetings. I We will prepare a Joint Coastal Permit (JCP) application and submit the application to the FDEP and U.S. Army Corps of Engineers (USACE). 4. As part of the JCP application, we will develop a hardbottom mitigation plan that includes a conceptual artificial reef design. However, final design and permitting services regarding the artificial reef are not included in this scope of work. 5. This scope of work excludes permit -related fees. St. Lucie County. Erosion District will pay all permit -related fees directly to the regulatory agencies. 6. St. Lucie County is responsible for obtaining all required construction easements. Task 1 Data Collection and Review We will collect data required to complete the final engineering design and permit applications. We will subcontract Sonographics, Inc. to conduct a sub -bottom seismic survey of the proposed sediment basin vicinity. The seismic survey is required to identify potential rock layers or outcrops. Sonographics will Exhibit A correlate their survey data with vibracores previously collected in 2008. Following the seismic survey, we will subcontract American Vibracore Services (AVS) to collect and analyze up to six vibracores within the proposed basin boundaries to verify the seismic data and further define areas of beach -compatible sand. We will subcontract Morgan & Eklund to conduct a bathymetric and topographic survey of the proposed basin vicinity and adjacent upland area in Ft. Pierce Inlet State Park; this data will define the baseline conditions for design purposes. Additionally, we will subcontract CSA International, Inc. (CSA) to conduct a hardbottom survey of the proposed basin vicinity and conduct a UMAM impact analysis to quantify impacts. CSA will also investigate potential artificial reef sites within Ft. Pierce Inlet using a subbottom profiler and jet probes to determine existing sediment thickness. Task 1 Deliverables + Sub -bottom seismic Survey Data and Report for $7, 710.00 • Bathymetry and Topography Survey Data files for $20, 773.00 • Hardbottom and mitigation site survey data files and summary report for $32, 517.00 • Vibracore Data and Report for $41, 536.00 Cost Task 1: $102, 536.00 Task 2 Pre -application Meetings Upon completion of Task 1, we will coordinate and participate in pre -application meetings with the FDEP and USACE in preparation for the completion and submittal of a joint coastal permit application. The pre -application meetings will occur in the offices of the FDEP Beaches and Coastal Systems Bureau in Tallahassee and the USACE Palm Beach Gardens offices. The objectives of the meetings include presenting the proposed project, soliciting agency concerns, and obtaining agency advice on their concerns. We have budgeted for a senior engineer and a senior scientist to attend the meetings. Following the meetings, we will prepare meeting minutes documenting key discussion points and distribute the minutes to the meeting participants. Task 2 Deliverables • Minutes of the FDEP pre -application meeting for $$3,668.00 • Minutes of the USACE pre -application meeting for $$3,668.00 Cost Task 2: $7, 336.00 Task 3 Final Engineering Design We will use the information gathered in Tasks 1 - 2 and conduct additional engineering analyses to develop a final basin design that meets the project objectives while minimizing adverse impacts. To develop the final design, we will conduct the following analyses: • Investigate safety and recreational impacts — The public has expressed concern regarding potential safety and recreational impacts to the adjacent Ft. Pierce Inlet State Park shoreline. We will evaluate the potential effects of the basin on the recreational area and shoreline and coordinate with the County to identify an acceptable basin configuration. • Stability Analysis — We will conduct a dynamic stability analysis to confirm that construction of the basin will not create unstable soils that could impact the north jetty and shoreline. • Numerical model revised basin configuration — We assume the above analyses will result in a preferred basin configuration that differs from those presented in the Decision Exhibit A Document. We will apply the MIKE21 modeling system, previously calibrated and verified in the preliminary design phase, to evaluate the proposed final basin configuration. We assume we will evaluate one alternative basin configuration. • Construction quantities — With a final basin design identified, we will determine the construction quantities of the various types of dredged materials (e.g. beach quality sand, rock, etc.). • Opinion of Cost — We will develop an opinion of cost for construction of the proposed final basin design. • Conceptual artificial reef design — We will apply CSA's hardbottom and mitigation site survey results (Task 1) to develop a conceptual artificial reef design for mitigation purposes. Note that final design and permitting of the artificial reefs are not included in this scope of work. Also of note, if the hardbottom impacts of the final basin design exceed those of Alternative 2 discussed in the Decision Document, we may require additional time and expenses for investigation of a larger area. • Public workshops — We will present the final basin design to the St. Lucie County Board of County Commissioners and conduct a public workshop to inform the general public and solicit feedback. Task 3 Deliverables • Summary report and final construction planform and cross section plots for $64,334.00 • Conceptual mitigation plan (hardbottom and mitigation site survey data files and summary report, conceptual mitigation reef design drawings and summary report) for $6,804.00 • Presentation to the St. Lucie County BCC for $4,232.00 • Public Workshop Presentation for $4,232.00 Cost Task 3: $79, 602.00 Task 4 Joint Coastal Permit Application Preparation and Submittal We will prepare and submit a Joint Coastal Permit (JCP) application to the FDEP and USACE. The application submittal will include a letter of transmittal; the completed JCP application form; a project narrative describing the sediment basin design, beach and offshore placement areas, and natural resources; permit drawings; and all supporting survey data and reports. The application will address FDEP-required permitting issues including: • List of Adjacent Property Owners • Statement of Consistency with State -Approved Local Comprehensive Plan • Detailed Project Description — We will produce a narrative describing dredging and construction methods, schedules, best management practices, environmental protections and actions to avoid and minimize temporary and permanent impacts, etc. • Staging Areas — Staging areas will require negotiations between St. Lucie County, USACE, and FDEP staff. • Water Quality Variance — Dredging and material disposal generates a turbidity plume that will likely exceed the state's water quality standard. We will conduct numerical modeling to determine the spatial extent over which a water quality variance may prove necessary. A plume analysis will support the variance request for an increased distance within which the plume -entrained waters will temporarily exceed water quality standards. Exhibit A • Hardbottom Mitigation Plan — We will prepare a hardbottom mitigation plan based on the conceptual artificial reef design developed in Task 3 that addresses hardbottom impacts expected from basin construction. • Physical Monitoring Plan — We will prepare a physical monitoring plan that intends to evaluate post -construction project performance. • Biological Monitoring Plan — We will prepare a biological monitoring plan that intends to evaluate post -construction project impacts. • Sand QA/QC Plan — We will prepare a sand QA/QC plan to ensure that St. Lucie County places only appropriate fill material on the beach. Notably, the construction of the sediment basin will produce non -beach quality materials, including rock and fine sediments. Disposal of these materials will require offshore or upland disposal. Also, construction of the basin may impact existing hardbottom and require mitigation. Taylor Engineering will, after consultation with the County, address the above issues in the permit application submittal. However, this scope of work does not include final design and permitting of any required mitigation efforts. We will prepare a set of full size (22" x 34") and page size (8'/2" x 1 I ") permit drawings to include: • Cover sheet/location map showing project location, sponsor, date, project name and other pertinent information • Plan views showing existing topography/bathymetry, core boring locations, territorial sea limits, dredging area, dredged material placement areas, natural resources, and mitigation areas • Section views of the proposed sediment basin and dredged material placement areas • Aerial photography, obtained from the FDEP and other sources, as a base map for all project plan view drawings Task 4 Deliverables • JCP application to FDEP and USACE in hard copy and digital format for $33,814.00 Cost Task 3: $33, 814.00 Task 5 Responses to RAIs After review of the JCP application, the FDEP and USACE will likely respond with requests for additional information (RAIs). RAIs typically comprise a series of questions that require additional clarification or other information regarding the proposed work. Experience indicates that similar projects have generally required responses to a minimum of two RAIs from FDEP. The USACE typically issues one RAI before the public notice and then requires a response to public comments. Due to the uncertainties involved with agency RAIs, we have budgeted $30,000 to respond to FDEP and USACE RAIs. Should the permit application require additional labor or other direct costs to respond adequately to agency RAIs, we will submit a new cost proposal commensurate with the level of effort needed to satisfy agency requests. Taylor Engineering will provide all RAI responses to St. Lucie County for review before submittal to the FDEP and USACE. We will coordinate with FDEP and USACE regulatory staff, maintain consistency between state and federal permit applications and other environmental documentation, and provide submittals in electronic and hardcopy format, per their requirements. Task 5 Deliverables • Response to FDEP RAI#1 for $10,000.00 Exhibit A • Response to FDEP RAI#2 for $10,000.00 • Response to USACE RAI and Public Comments for $10,000.00 Cost Task 5: $30, 000.00 Task 6 Project Coordination and Project Management The single most important activity during the permitting process is the establishment and maintenance of a clear line of communications between the applicant and the participating agencies. To that end, Taylor Engineering will actively coordinate with local, state, and federal agencies staff during the application process. These agencies include, but are not limited to, St. Lucie County, FDEP, USACE, U.S. Coast Guard, U. S. Fish and Wildlife Service (USFWS), Florida Fish and Wildlife Conservation Commission (FFWCC), and National Marine Fisheries Service (NMFS). We will also meet or correspond with St. Lucie County Erosion District staff regularly to inform them of the project progress and get their concurrence on the project elements. Task 6 Deliverables • Six (6) quarterly progress reports for $3,760.00 (an amount equal to the total task cost divided by the 18 months of the proposed project schedule) Cost Task 6.• $22,560.00 Total Project Cost: $275,848.00 SUMMARY We will perform these services for a lump sum fixed price of $275,848.00. Exhibit B provides an estimated breakdown of this cost. Page 1 EXHIBIT B TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK P2011-213: FT PIERCE INLET SAND TRAP DESIGN AND PERMITTING SERVICES TASK 1: Data Collection and Review Labor Hours Cost ($) Task Totals Director 16.0 2,304.00 Senior Professional 44.0 6,456.00 Senior Technical Support 4.0 360.00 Administrative Support 8.0 416.00 Total Man -Hours 72.0 Labor Cost 8,536.00 Non -Labor Units Cost ($) sub -bottom seismic (Sonographics) 1.0 5,622.00 bathymetry survey (Morgan & Eklund) 1.0 18,685.00 iardbottom and mitigation site survey (CSA) 1.0 30,565.00 geotech survey (AVS) 1.0 39,128.00 Total Non -Labor Cost 94,000.00 Total Task 1 $ 102,536.00 TASK 2: Pre -application Meetings Labor Hours Cost ($) Task Totals Director 16.0 2,304.00 Senior Professional 36.0 4,464.00 Senior Technical Support 4.0 360.00 Administrative Support 4.0 208.00 Total Man -Hours 60.0 Labor Cost 7,336.00 TASK 3: Final En Total Task 2 $ 7,336.00 ours Vice President 38.0 6,802.00 Director 36.0 5,184.00 Senior Professional 480.0 59,520.00 Project Professional 24.0 2,424.00 Senior Technical Support 48.0 4,320.00 Administrative Support 26.0 1,352.00 Total Man -Hours 652.0 Labor Cost 79,602.00 Total Task 3 $ 79,602.00 Page 2 P2011-213: FT PIERCE INLET SAND TRAP DESIGN AND PERMITTING SERVICES TASK 4: JCP Application Preparation and Submittal Labor Hours Cost ($) Task Totals Vice President 16.0 2,864.00 Senior Professional 144.0 17,856.00 Staff Professional 60.0 4,980.00 Senior Editor 2.0 186.00 Senior Technical Support 80.0 7,200.00 Administrative Support 14.0 728.00 Total Man -Hours 316.0 Labor Cost 33,814.00 Total Task 4 $ 33,814.00 TASK 5: Response to RAls Labor Hours Cost ($) Task Totals Vice President 12.0 2,148.00 Director 9.0 1,296.00 Senior Professional 120.0 14,880.00 Staff Professional 96.0 7,968.00 Senior Technical Support 36.0 3,240.00 Administrative Support 9.0 468.00 Total Man -Hours 282.0 Labor Cost 30,000.00 Total Task 5 $ 30,000.00 TASK 6: Project Coordination and Project Ma Labor Hours Cost ($) Task Totals Vice President 32.0 5,728.00 Director 48.0 6,912.00 Senior Professional - 80.0 9,920.00 Total Man -Hours 160.0 Labor Cost 22,560.00 Total Task 6 $ 22,560.00 Project Total $ 275,848.00 A >� III�IIII� �I o i �i zo. I I i a� N I C 7 Z i 6 IWI, !.., I i a W i 1- t9 l x w ROU H E E E I I E O F. c=i j a W 2 ; W Z t~i. G — > E Qi Z 2' N ._.N___N N_--- M__------ -_... M .M .V_...__� � _� � v .p ___ a__p. E •Q M co LL `m v a ado m Il. IL O C IL lL O C' g C c C IL lL 9 a 9 C 'uC- 9 M 9 9 E. A a a = - 9 ro - 2 •> ¢ U 0- 2 ca c A u U v 10 v O N -• v c n ❑ � � 3 ro� 9 LL 7 9 u 9. y w i° a T c ... � � y A °• � ry E m 9 O 6l ci ` W U o w' °E' ¢ c 3 w 3 d 3 3 3 a: a z U mca = S J we z' o U❑ a aa a¢¢¢¢ a o I C � q LL m m C M. M M M. •�i K - R v ❑_ 'N O iv1 �I. T-5! � •N �� �� IJ^ m i�iN IN iN N N iN N IO N M o a` ENVIRONMENTAL CONTROL BOARD ENVIRONMENTAL CONTROL BOARD www.co.st-lucie.fl.us www.stlucieco.orq I11111111111lifliflilYlidili11111WIIhiAhiliiiiill fiiJill ii11111iIIiiIYIYiIIIIifIIIIIIIIIIIIIYIIiIIiIiIIiIaiIIYlfii1616111liliifl1i0f11ii411lIII ii641114 11lilliliI111144111111111hiiYiii11il1iii Chris Craft, Chairman District No. 5 Paula A. Lewis, Vice Chairman District No. 3 Tod Mowery District No. 2 Chris Dzadovsky District No.1 Frannie Hutchinson District No. 4 111111111111111ilhlIIIIII lfl`Ii1lYlllillfllillilli111fiiillliiif fiYlfll11i11fi11iY11fi11Y1Y111iii1ilii1111YIfliBlYYllliililflfi11111fiY'i1liYliiiiflllUi11f11ifi11111fillilllililliilf1iYi111111YillllliilfIIU MINUTES Approve the minutes from the December 20, 2011 meeting. II. GENERAL PUBLIC COMMENT 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 0 OQ m O Z W LLI V Z M J O= ot �Q-U� LLI V W Z j J c Z W N C" N .CQ E (D V m 0 cc 0 L O E i E U 0 v C � N N i a) R � N 0 .c . ao m O 0 CU y (.7 3 � JL a0,,, c a�i Q �- J . % V U) •� 7 0- fA O Q O w U O c L i a) o a) Q U y., C 4) O m m U a i c m C ci O u. O cn E L O cc N o � o c O U 0 >� c � o � o c E 0 m � N U Y OL o n. N C c Rf 0 `- U o N 00 o CU E c c 0 C O z a) L 0 cu cu M c (D CD E a) -v O m m N �O m L c 0 .Q m 0 V7 N c N L 'C `R 0 c cm c m L SUSTAINABILITY DISTRICT SUSTAINABILITY DISTRICT www.co.st-lucie.fl.us www.stiucieco.org i ail Isla iiii llsfllliiiil i iiiiii i iiii lliiiiil ilia i ii i I Ili iliiiiliiii williiiiillilllilii iiii liliiiii iiii Ili i ii i1111iiiliiiill111ii11iii111111illiiililllillllliiiiliiiiliiliiiliiiliiiliiiilii1il11ili1iii11ilii Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Chris Dzadovsky District No.1 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 Was Ili Ina Iwall IiilliiiiiiiiiIiiIiiiiliiiiilall i[III iIi1lliIIII ail iiIIiiilIiiiiiIII IiIlliiIiIIIIiIIiIIillIIIiiIiIiIIWWII iiiiit1iiliiiiiiiii iiillliiiiiiall IiiIWas iliiail iiiiiiiiiiiiiiiiiiiiiiiiiiiii MINUTES Approve the minutes from the December 20, 2011 meeting. II. GENERAL PUBLIC COMMENT 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Z. 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