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Home My WebLink AboutAgenda Packet 09-28-04 "1 I~ ~¿ . \.; ....., ~J;:,;'~~~..~~~::/f!'l"~1:~~'" '.' ,- \' . SEPTEMBER 28, 2004 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING 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 are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fI.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No.2 District No. 4 District No. S September 28, 2004 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES ð ~(~t/ /Ù Approve the minutes of the meeting held on September 21, 2004. 1\~ ~e%j) Approve the minutes of the Finai FY 2005 Budget Public Hearing heid on September 16, 2004. ~ 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator 3. GENERAL PUIIUC COMMENT , IN e-d CONSENT AGENDA ca( 11eM A~r(.;;yD ---- 4. PUBLIC HEARINGS SA. There are no Public Hearings scheduled for September 28, 2004 END OF PUBLIC HEARINGS -- 6J /0 ~/ (~e ~~~ 7. COUNTY ATTORNEY Tradition Field - Naming Rights Agreement - Consider staff recommendation to approve the Naming Rights Agreement and authorize the Chairman to sign the Agreement ADMINISTRATION Bi-Weekly Committee Reports - Board to provide updates on the Committees and Advisory Boards on which they serve. ',~ ~ ......, CONSENT AGENDA SEPTEMBER 28. 2004 1. WARRANTS LISTS. \ \ e.. If,} t.. Approve warrants list . . S4 ~(\ð ~D COUNTY ATTORNEY 2. A. Rock Road Jail Expansion - Amendment No. I to Centex Rooney/Schenkel Schulu Contract - Consider staff recommendation to approve Amendment No. I and authorize the Chairman to sign the Amendment B. Resolution No. 04-278 - Improvements to South 2Sth Street - Consider staff recommendation to approve Resolution No. 04-278 as drafted. C. Lennard Road Project MSBU - Contract for Sale and Purchase - Mr. & Mrs. Roman Swiezy - Mr. & Mrs. Stan Swiezy - Consider staff recommendation to reject the counter offer and authorize staff to send a 30 day notice letter. D. Treasure Coast Sports Commission, Inc. - 2004/0S Grant Contract - Consider staff recommendation to approve the proposed grant contract for Treasure Coast Sports Commission, Inc., and authorize the Chairman to sign the contract. E. South 2Sth Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easement - Cesar Cumerma - Consider staff recommendation to approve the Purchase Agreement with Cesar Cumerma in the amount of ELEVEN THOUSAND SIX HUNDRED and no/1 00 DOLLARS ($11,600.00) as shown on the sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. F. Advertising Services - Agreement with Simple Success Marketing, Inc. - Consider staff recommendation to approve the proposed agreement with Simple Success Marketing, Inc., and authorize the Chairman to sign the agreement. 3. PUBLIC WORKS A Building and Zoning Division - Permission to release the property at 220S Elizabeth Avenue, from the second amended order for repair or demolition of unsafe building, dated January 13, 2004 - Consider staff recommendation to approve the release of the building from the demolition order and authorize the Chairman to sign the release as prepared by the County Attorney's Office. B. Engineering Division - Becker Road MSBU - Paving and Drainage Improvements - Revised Final Assessment Roll to Re-Allocate Assessments - Consider staff recommendation to adopt Resolution No. 04-2S7 approving a Revised Final Assessment Roll to re-allocate said assessments for the Becker Road Municipal Services Benefit Unit. C. Engineering Division - Ideal Holding Road MSBU - Paving and Drainage Improvements Amend Final Assessment Roll to Re-distribute Assessments - Consider staff recommendation to adopt Resolution No. 04-2S6 approving an Amended Final Assessment Roll to re-distribute said assessments for the Ideal Holding Road Municipal Services Benefit Unit. D. Solid Waste Division - Exclusive Residential Collection Service Agreement by and between St. Lucie County and Waste Pro of Florida, Inc. - Consider staff recommendation to approve the Exclusive Residential Collection Service Agreement by and between St. Lucie County and Waste Pro of Florida, Inc. as approved by the County Attorney and authorize the Chairman to sign. · -- '-" ....., Consent Agenda September 28, 2004 Page Two E. Solid Waste Division - Bid Waiver and Sole Source declaration to purchase software for the integration of the cashiering module into the current City View application. This will allow the MSBU Division to collect and maintain the non-ad valorem assessment roll as it pertains to new certificates of occupation. The total cost of the module integration and 3 licenses is $24,135. Request Board approval of Budget Amendment #04-169 and Equipment Request #04-277. - Consider staff recommendation to approve purchase of software for the integration of the cashiering module into the current City View application. The total cost of the module integration and 3 licenses is $24,13S. Recommend Board approve Budget Amendment # 04-169 and Equipment Request # 04-277. 4. MANAGEMENT AND BUDGET A. $347,S40 Howard Computer Lease Program - Consider staff recommendation to adopt Budget Resolution No. 04-264 recognizing the capital lease proceeds and establishing the budget within the numerous funds. B. Adopt Budget Resolution 04-283 to establish the budget for the $650,000 loan proceeds for the Sports Complex. - Consider staff recommendation to adopt Budget Resolution 04-283 establishing the budget for the $6S0,OOO. loan proceeds for the Sports Complex. S. AIRPORT A. Budget Resolution 04-271 Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA 412401) for $3,948.00 for Perimeter Fencing - 'Consider staff recommendation to approve the Budget Resolution 04-271 for the FDOT, JPA this FDOT grant provides for $3,948.00 of the $lS7,896.00 project total. B. Budget Resolution 04-281 for Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for $200,000.00 for Drainage Improvements - Consider staff recommendation to approve the budget resolution #04-281 for Florida Department of Transportation (FDOT) Joint Participation Agreement. This FDOT grant provides for the $200,000.00 of the $2S0,OOO.00 project total. C. Budget Resolution 04-282 for the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA 412400) in the amount of $152,000.00 for the installation of perimeter fencing. - Consider staff recommendation to approve the budget resolution # 04-282 for Florida Department of Transportation (FDOT), Joint Participation Agreement (JPA). This FDOT grant provides for $lS2,OOO.00 of the $190,000.00 project total. 6. UTILITIES Request Board approval for a reduction in the Letter of Credit for the Seminole Tribe of Florida. The original Letter of Credit is $1,360,442.03 and the new Letter of Credit would be for $6S0,OOO.00 as a result of payments made to St. Lucie County. Consider staff recommendation to approve a reduction in the Letter of Credit for the Seminole Tribe of Florida. The new Letter of Credit will be $6S0,000. 7. GRANTS A. Request Board approval to accept a South Florida Water Management District Water Savings Incentive Program grant in the amount of $50,000 for funds to retrofit plumbing in low-income homes consistent with the Community Services SHIP program. - Consider staff recommendation to authorize staff to accept the grant from the South Florida Water Management District Water Savings Incentive Program grant for funds to retrofit plumbing in low-income homes consistent with the Community Services SHIP program. · - '-" ....,¡ Consent Agenda September 28, 2004 Page Three B. Conservation Project Support grant application to the Institute of Museums and Library Services for funding in the amount of $lS0,OOO to be utilized for consultation services, conservation equipment, and conservation supplies for a collections conservation program at the St. Lucie County Historical Museum. Also, authorize the acceptance of the grant if it is approved for funding. - Consider staff recommendation to authorize the submittal of a Conservation Project Support grant application to the Institute of Museums and Library Services for funding in the amount of $lS0,OOO to be utilized for consultation services, conservation equipment, and conservation supplies for a collections conservation program at the St. Lucie County Historical Museum. Also, authorize the acceptance of the grant if it is approved for funding. 8. CENTRAL SERVICES Contract Change Order #S to Contract #C03-06-4S2 Administration Building Addition/Barth Construction, Inc. - Consider staff recommendation to approve Change Order #S, to Contract No. C03- 06-452/Barth Construction, to increase the contract amount by $9,062.00 and contract time an additional six (6) days for a completion date of January 3rd, 200S, and authorize the Chair to sign the Change Order as prepared by the County Attorney. 9. PURCHASING A. Bid #04-103 - St. James Drive Maintenance - Consider staff recommendation to award Bid #04- 103 - St. James Drive Maintenance to Treasure Coast Lawn, Inc. for the cost of services as outlined in the attached bid tabulation sheet and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Permission to advertise Invitation for Bid for Lawnwood Football Stadium Lighting - Consider staff recommendation to grant permission to advertise Invitation for Bid for Lawnwood Football Stadium Lighting. C. Award of RFP #04-060, Telecommunication Solution Services - Consider staff recommendation to negotiate with the top ranked firm, Bell South, and authorize the Chairman to sign the contract as prepared by the County Attorney. 10. GROWTH MANAGEMENT A. Authorize the first amendment to the Contract with Tindale-Oliver and Associates Urban Boundary Study to provide for a revised scope of services. There is no net increase in the overall contract cost. - Consider staff recommendation to authorize the first amendment to the Tindale- Oliver Urban Service Boundary contract for the purpose of updating the County's base transportation analysis data in the amount of $ 20,000 (No net increase in the overall contract price) B. Authorize "Florida's Turnpike Special Permit" for access to the Turnpike access road at the northeast corner of the SR 70 interchange. - Consider staff recommendation to approve the request allowing staff to submit the Florida's Turnpike Permit for use of the Turnpike Access Road at the northeast corner of the SR 70 interchange. 1. · · · · 2. \w' 'wII ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ------- -- ANNOUNCEMENTS SEPTEMBER 28, 2004 County Commissioners meeting changes: November 2, 2004 Board of County Commissioners meeting will be changed to 9:00 a.m. November 9, 2004 Board of County Commissioners meeting will be changed to 6:00 p.m. November 16, 2004 Board of County Commissioners Reorganization meeting will be changed to 9:00 a.m. December 28, 2004 Board of County Commissioners meeting canceled. The Board of County Commissioners will hold a Public Hearing on the second reading of proposed Ordinance 04-021 <amending IL-Industrial Light and U - Utilities) to add off-roa. d vehiC. Ie P¡jl.p r. ks on Monday, October 4,2004 at 6,00 p.m. in the, County eom_J.miSSlon Cph:mr~ ¿ ; J;[e>\~ (t;5ueP~ <':5\ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. , . ~ "wtI BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 2 I , 2004 Tape: l,2 Convened: 6:00 p.m. Adjourned: 8:40 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Doug Coward, Frannie Hutchinson, Cliff Barnes, John Bruhn, absent Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Paul Phillips, Airport Director, Paul Hiott, Veterans Services Director, Beth Ryder, Community Services Director, Don West, Public Works Director, Mike Bowers, Utilities Director, Pete Keogh, Parks and Rec. Director, Ed Parker, Purchasing Director, Dennis Grimm, Code Enforcement Manager, Mil1ie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Barnes, seconded by Com. Coward, to approve the minutes of the meeting held September 14,2004; and, upon roll call, motion carried unanimously. It was moved by Com. Coward, seconded by Com. Barnes, to approve the minutes of the Preliminary FY 2004/05 Budget Public Hearing; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS A. Rcsolution No. 04-251- Proclaiming September 17,2004 as "Citizcnship Day" and further proclaiming September 17,2004 through September 23,2004 as " Constitution Week" in St. Lucie County, Florida. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve Resolution No. 04-251; and, upon roll call, motion carried unanimously. B. Resolution No. 04-261- Proclaiming September 9,2004 through September 10,2004 as "The Grand Inaugural of the 11 Ih President of the University of Florida" in St. Lucie County, Florida. It was moved by Com. Barnes, seconded by Com. Huchinson, to approve Resolution No. 04-2() I; and, upon roll call, motion carried lInanimollsly. C. Resolution No. 04-276 Proclaiming September 23, 2004 as "Business and Industry Appreciation Day" in St. Lucie County, Florida. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution NO. 04-276; and, upon roll call, motion carried unanimously. D. Convoy of Hope presentation was made by the Community Services Director. E. The County Administrator read upcoming events. \w- """ 3. GENERAL PUBLIC COMMENTS (1-1541) Mr. Bob Bangert, Holiday Pines resident, addressed the Board and commended the County Administrator an staff for the continued updates given during Hurricane Frances. Ms. Shirely Burlingham- Hutchinson Island resident commended staff and the County Administrator for their prompt assistance during the aftennath of Hurricane Frances. Sheriff Mascara addressed the Board and expressed his appreciation for the combined efforts of staff and the County Administrator during the Hurricane at the Emergency Operations Center. He also advised the Board that St. Lucie County has been provided with a bomb robot provided by the Homeland Security agency. M r. Bi 11 Hearn, Indrio Road resident commended the County Administrator and staff for their assistance during the Hurricane and suggested their be schedules of updates provided to the public in the future when this type of a disaster occurs. Mr. Hearn also questioned the Taylor Creek dredging project and asked if Phase I had been started. The Public Works Director advised Mr. Hearn that Phase I of the project had been completed prior to the stonn. Mr. Hearn also commented on the re-scheduledATV issue and stated he was disappointed to see this issue re-scheduled especially with all the aftennath work which needs to be done. Mr. Joe Smith, area resident, addressed the Board and commended the County Administrator for his errorts during and after the stonn to keep the County residents updated. Ms. Susie Caron, area resident, addressed the Board regarding the Emerson Estates project and provided a picture showing the area between her property and the project and how all the trees had been taken away. She also advised the Board of the problems she had with the run-off and its overflow onto her property. 4. CONSENT AGENDA (1-1541) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the Consent Agenda with item C-13B pulled and additions CA-1; and, upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 53. 2. COUNTY ATTORNEY A. Unclaimcd monics deposited or collected by the St. Lucie County Clerk of Court- The Board approved the attached Affidavit of Publication be filed and recorded in the Board minutes. B. Airport Industrial Park - The Board approved the proposed Consent to Assignment of Contract for Sale and Purchase from Arthur M. Hungerford III to PAI-LAR, LLC and authorized the Chainnan to sign 2 \...- ......, C. General Financial Advisory Services- The Board approved the proposed Consent to Assignment of General Financial Advisory Services Agreement and authorized the Chairman to sign. D. Revocable License Agreement- Handex, Inc., Monitoring Well on Angle Road- The Board approved the Revocable License Agreement, authorized the Chairman to execute the Revocable License Agreement and instruct Handex, Inc., to record the Agreement in the Public Records of St. Lucie County. E. South 25th Street Roadway Widening-Midway Road to Edwards Road- Temporary Easement Bobby and Patricia Shaw- The Board approved the purchase agreement with Bobby and Patricia Shaw in the amount of $6,230 as shown on the legal description, authorized the Chairman to execute the Purchase Agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. F. South 25th St.- Roadway Widening Project Midway Road to Edwards Road- Temporary Construction Easement- Alfred R . Johnson Parcels 7031704 Resolution No. 04-272- The Board accepted the temporary construction easement authorized the Chairman to sign Resolution No. 04-272 and directed staffto record the documents in the Public Records of St. Luce County, Florida. G. South 25th St., Roadway Widening - Midway Road to Edwards Road- Temporary Construction Easement Ronald M. Dillon- The Board approved the purchase agreement with Ronald M. Dillon in the amount of $5,900 as how an authorized the Chairman to execute the purchase agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. H. Inmate Mental Health Services- First Amendment to December 5, 2003 Agreement with Prison Health Services Inc.,- The Board approved the first amendment to the December 5, 2003 agreement and authorized the Chairman to sign. 3. PUBLIC SAFETY Hewlett Packard 4(,00 Duplexer Color Printer in the amount of $2,164.32- approve budget amendment BA04-1 (¡6 and equipment request EQ04-273- The Board approved the budget amendment and the equipment request and the purchase of a Hewlett Packard 4600 Duplex color Printer in the amount of$2,165. 4. PUBLIC WORKS A. SFWMD Grant for Paradise Park Stormwater Improvements- The Board approved transferring $530,000 to the Paradise Park Subdivision Project to establish the required matching funds. B. Engineering Division- Request for a Public Hearing on St. Lucie Citrus Mining Permit Application- The Board approved a public hearing to be held on October 19,2004 to consider the request of the St Lucie Citrus Mining Permit Application. ('. HI11',ilwl'riI11', I )ivisiol1- First Amcndmcnt to Work AlllhorizulÎon No, I () (( 'OO-II-17'}) Il)r Soil Tcsting Scrvices with Dunkelbcrgcr Engineering & Testing, Inc., for Midway Road and Glades Cut Off Road Intersection improvements project in the amount of$20,000. 3 '-' ....,,¡ D. Engineering Division-USGS contract for water quality monitoring at 5 Mile Creek- The Board approved the attached contract with USGS in the amount of$14,860.00 for Water Quality Monitoring in the Five Mile Creek. 5. INVESTMENT FOR THE FUTURE A. Change Order No.2 to Contract No. C03-05-492- Paul Jacquin & Sons Inc., for the Walton Road Annex- The Board approved Change Order No.1 to Contract No. C03-05-492 with Paul Jacquin & Sons Inc., to increase the contract sum by $153,303.00 and authorized the Chair to sign the prepared Change Order. B. Emergency Repair of Prima Vista Blvd., just west of US. 1- The Board accepted the project; released retainage in the amount of $5,540.94 and make Pinal Payment in the amount of$5,540.94 to Johnson Davis for the emergency repair of Prima Vista Blvd. 6. SHERIFF A. Pem1ission to accept a COPS Universal Hiring Grant from the US Dept. of Justice, Office of Community Oriented Policing Services- The Board accepted the COPS Universal Hiring Grant and authorized the County Administrator to sign the application. B. Florida Department of Law Enforcement, Office of Domestic Preparedness Homeland Security Grant Program- Law Enforcement Terrorism Prevention Grant- The Board approved the submission of the grant application and authorized the Chairperson to sign the application. C. Request for distribution from the Law Enforcement Trust Fund in the amount of $444,704.90- The Board approved the request for distribution from the Law Enforcement Trust Fund. 7. ADMINISTRATION A. Planning and Zoning Commission- The Board ratified the At Large Appointments of Bill Hearn and Carson McCurdy retro to November 2003. B. Annual Fire Control Report- The Board accepted the Annual Fire Control Report from the State Division of Forestry. 8. AIRPORT A. Budget Resolution 04-260 Federal Aviation Administration grant for the Preparation of Design Plans for Parallel runway 9L/27R and install perimeter fencing in the amount of $677,000.- The Board approved Budget Resolution # 04-260 for this FAA grant which provides $677,000 of the $712,632 required for this project. B. Conditional Conceptual Approval with Air Charter of Florida, Tnc.- The Board granted a Conditional Conceptual Approval for the aviation development of approximately 10 acres of property located at the intersection of taxiway E and taxiway B at the St. Lucie County Tntemational Airport to allow Air Charter of Florida to start preliminary design and financing that isrequired for a development of th is magn i tude. 9. PURCHASING 4 \...r ....,¡ A. Bid 04-093- Signal Maintenance and Master Construction Contract- The Board approved awarding Bid 04-093 to The Signal Group, Inc., for a total bid price of $256.057.83 and authorized the Chairman to sign the contract as prepared by the County Attorney. B. RFP # 04-066 enter into a dock lease agreement for the North Dock on South Causeway Island- The Board approved negotiating with True North of Clint ion LLC o/a Tall Ship Unicorn and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Award of RFP # 04-097 Car Washing Services for Cars and Pick up Trucks- The Board approved awarding RFP # 04-097 to Steve Barnett, Inc., for Car Washing items # 1 through 12 and Rocket Carwash Inc. for Detail/Washing Items # 13 through 16 and authorized the Chairman to sign the contracts as prepared by the County Attorney' . D. First Extension to Contract COI-04-409 with Care Environmental Corporation- The Board approved the first extension to the contract and authorized the Chairman to sign the extension as prepared by the County Attorney. E. Bid 04-076- Purchase of one Crawler Loader with Tracks- The Board approved awarding Bid 04-076 Purchase of one crawler loader with tracks to the lowest responsive and responsible bidder ASAP Equipment Rental & Sales for $52,500 and authorized the Chairman to sign the contract as prepared by the County Attorney. F. Fixed Asset Inventory Property Record Removal- The Board approved the removal of records from the fixed asset inventory of the Board of County Commissioners. G. Pern1ission to issue an invitation to Bid for the sale of one (1) surplus Xerox Stapler/Folder and one (1) Xerox Channel Blind System- The Board approved issuing an invitation to bid for the sale of one surplus Xerox stapler folder (pr# 403358) and a Xerox Channel Blind system. 10. GRANTS A. Submittal of a grant application to the Florida Boating Improvement Program and the acceptance of the grant if approved for funding- The Board approved the submittal of the grant application and the acceptance of the grant and also approved Resolution 04-263 authorizing the project manager to administer the grant on behalf of the Bee. Grant funds inan amount equal to $150,000 to be malched I: I by Sl. Lucie County will fund the construction of a restroom, parking lot, shoreline revetment, boat dock, canoe launch, fishing platforms, picnic pavilions and trail connection at River Park Marina. B. Submittal of a grant application in an amount not to exceed $100,000 to the National Oceanic & Atmospheric Administration for the Vitolo Park restoration project and to accept the grant if it is approved for funding. - The Board approved the submittal of the NOAA grant application for Vitolo park restoration project and the acceptance of the grant if awarded. The grant requires a 1: 1 match that shall be provided from an alternative grant. 11. UTILITIES Declaration ofEmcrgency and request for a bid waiver per the Purchasing Manual Section 5.5- The Board approved declaring an cmcrgency and requestcd a bid waiver pcr 5 '-" ....,¡ / the Purchasing Manual Section 5.5 to approve the quote from Danella Companies, Inc., for lowering of the water main on SR-70 in the amount of$111,835.31. 12. COMMUNITY SERVICES Contract with the State of Florida for the operation of the S1. Lucie County Health Department and adopt Resolution No. 04-275- The Board approved the contract with the State of Florida for a total project amount of $14,808,851 including funds from State General Revenue, other State Funds, Federal Funds and $996,500 from the General Fund of S1. Lucie County for operation of the S1. Lucie County Health Department and adopted Resolution No. 04-275 approving the schedule of fees and authorized the Chainnan to sign the necessary documentation. 13. PARKS AND RECREATION A. Roof Replacement at the F1. Pierce Community Center- The Board approved the reallocation of $20,000 fonn the Parks Capital Reserves in order to complete the F1. Pierce Community Center roof. B. Work Authorization No. 4- Contract C03-05-235 with Hazen Sawyer P.c. Environmental Consulting Services for Golf Course Expansion- This itcm was pullcd . C. Request for approval to serve alcohol at the lndrio Road School House Park- The Board approved the request to serve alcohol during the Tcamstcrs Union's annual company picnic on October 23,2004. D. Award of Contract to Seating Contractors USA for the Adams Ranch Equestrian Arena Bleachers- The Board approved waiving the bid process and piggy back off of State Contract 650-001-04-1 to award Seating Constructors USA the contract in the amount of$360,019.00. 14. HUMAN RESOURCES Permission to advertise- The Board approved the legal advertising of the designation of the Assistant County Administrator's position in the Senior Management Service Class of the Florida Retirement System. REGULAR AGENDA (1-1775) 5. PUBUC HEARINGS A. Request for an order pursuant to Article Ill, chapter 2-5 of S1. Lucie County Code of Ordinances and Compiled Laws, to repair or demolish an Unsafe Structure at Staff recommends that the Board enter an order as follows: 1. Joseph M. Bernard and Jasmine A. Bernard, as owners of the building, shall obtain a building pennit by December 1, 2004 to either repair or demolish the building. If a pennit is obtained by December 1 st, Joseph M. Bernard and Jasmine A. Bernard as the owners shall repair or demolish the building or cause the bui lding to be repaired or demolished by March 21, 2005. 2. lfthe pennit is not obtained by December 1, 2004 for repair or demolition of the building or if a pennit is obtained and the building is not repaired or demolish by March 21,2005, thc County shall demolish the building and assess the entire cost against lhe real properly where lhe building is located. Mr. Benard was present to address the Board. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. 6 '-' -...I 13. Request for an order pursuant to Article Ill, chapter 2-5 of S1. Lucie County Code of Ordinances and Compiled Laws, to repair or demolish an Unsafe Structure at 1823 South 33 Street, F1. Pierce, Florida. Staff recommends that the Board enter an order as follows: 1. Carol C. Leverett and Grove H. Leverett, as the owners ofthe building, shall obtain a building permit by December 1, 2004 to either repair or demolish the building. If a permit is obtained by December 1, 2004 Carol C. Leverett and Grove H. Leverett as the owners of the building shall repair or demolish the building or cause the building to be repaired or demolished by March 21, 2005. 2. Trthe permit is not obtained by December 1, 2004 for repair or demolition of the building or if a permit is obtained and the building is not repaired or demolish by March 21, 2005, the County shall demolish the building and assess the entire cost against the real property where the building is located. Mr. (¡rove Leveretle W1lS present 1Ind 1Iddressed the Board stating he had blue prints and was now proceeding to get a permit. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. C. Request for an order pursuant to Article III, chapter 2-5 of S1. Lucie County Code of Ordinances and Compiled Laws, to repair or demolish an Unsafe Structure at 2601 Walker Drive, Ft. Pierce, Florida. Staff recommends that the Board enter an order as follows: I. Rudolfo Uncein, as the owner of the building shall obtain a building permit by Deccmber 1,2004 to either repair or demolish the building. Iftbe permit is obtained by December 1,2004 Rudolfo Uncein, as the owner of the building shall repair or demolish the building or cause the building to be repaired or demolish by March 21, 2005. 2. If the permit is not obtained by December 1, 2004 for repair or demolition of the building or if a permit is obtained and the building is not repaired or demolish by March 21, 2005, the County shall demolish the building and assess the entire cost against the real property where the building is located. Mr. Uncein was present and addressed the Board stating he had started the repairs by replacing the roof, the garage doors and was not proceeding to do the windows and the doors. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. D. Request for an order pursuant to Article III, chapter 2-5 of S1. Lucie County Code ofOrdin1lnccs and Compiled Laws, to repair or demolish an Unsafe Structure at 2004 N. 51 st Street, Ft. pierce, Florida. Staff recommends that the Board enter an order as follows: 1. Ronnie Green and Elease I. Green, as the owners of the building, shall obtain a building permit by December 1, 2004 to either repair or demolish the building. Ifa permit is obtained by December 1, 2004 Ronnie Green and Elease I. Green, as the owners of the building shall repair or demolish the 7 '-- ...., building or cause the building to be repaired or demolished by March 21, 2005. 2. If the permit is not obtained by December 1,2004 for repair or demolition of the building or if a permit is obtained and the building is not repaired or demolish by March 21, 2005, the County shall demolish the building and assess the entire cost against the real property where the building is located. Mr. Ronnie Green was present and addressed the Board stating he had obtained a building permit to replace the roof. II was moved by Com. Ilutehinson, seconded by Com. Barnes, to approve starr recommendation; and, upon roll call, motion carried unanimously. E. Request for an order pursuant to Article III, chapter 2-5 of S1. Lucie County Code of Ordinances and Compiled Laws, to repair or demolish an Unsafe Structure at 50 I Weatherbee Road, F1. Pierce, Florida. Staff recommends that the Board enter an order as follows: 1. Marjorie Baskeyfield as the owner ofthe building shall obtain a building permit by December 1, 2004 to either repair or demolish the building. If a permit is obtained by December 1, 2004 Marjorie Baskeyfield as the owner of the building shall repair or demolish the building or cause the building to be repaired or demolished by March 21, 2005. 2. If the permit is not obtained by December I, 2004 for repair or demolition of the building or ¡fa permit is obtained and the building is not repaired or demolish by March 21, 2005, the County shall demolish the building and assess the entire cost against the real property where the building is located. Ms. Baskeyfield was present and addressed the Board stating she was in the process of obtaining a new engineer to revise the plans. Com. Barnes suggested extending the permitting time to February I, 2005 and also extend the time of completion to May 21,2005. Com. Hutchinson disagreed with extending the time due to the fact this issue has been going on for several years. II was moved by Com. Barnes, seconded by Com. Coward, to approve staff recommendation with the reeommcnded extensions; and, upon roll call, the vote was as follows: Nay: Hutchinson, Aye's: Barnes, Coward, Lewis; motion carried by a vote 01'3 to I. F. Request for an order pursuant to Article III, chapter 2-5 of S1. Lucie County Code or Ordinances and Compiled Laws, to repair or demolish an Unsafe Structure at 3506 Avcnue R, Ft. Pierce, Florida. Staff recommends that the Board enter an order as follows: 1. James T. Strong and Pamela M. Strong, as the owners of the building shall obtain a building permit by December 1, 2004 to either repair or demolish the building. Ifa permit is obtained by December 1, 2004 James T. Strong and Pamela M. Strong, as owners of the building shall repair or demolish the building or cause the building to be repaired or demolished by March 21, 2005. 2. lfthe permit is not obtained by December 1, 2004 for repair or demolition of the huilding or if a permit is obtained and the building is not repaired or 8 ..... .....,¡ demolish by March 21,2005, the County shall demolish the building and assess the entire cost against the real property where the building is located. It was moved by Com. Barnes, seconded by Com. Coward, to approve staff recommendation; and, upon roll calI, motion carried unanimously. G. Request for an order pursuant to Article III, chapter 2-5 ofS1. Lucie County Code of Ordinances and Compiled Laws, to repair or demolish an Unsafe Structure at 4209 Avenue D. F1. Pierce, Florida. Staff recommends that the Board enter an order as follows: 1. Charles Randolf, as the owner of the building shall obtain a building permit by December 1, 2004 to demolish or repair the building. If a permit is obtained by December 1, 2004, Charles Randolf as the owner of the building shall repair or demolish the building or cause the building to be repaired or demolished by March 21,2005. 2. Ifthe pem1it is not obtained by December 1, 2004 for repair or demolition of the building or if a permit is obtained and the building is not repaired or demolish by March 21, 2005, the County shall demolish the building and assess the entire cost against the real property where the building is located. Mr. Charles Randolph new property owner was present and stated he had the plans drawn and the property would be repaired. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. Com. Coward requested staff update the Board in the future with the costs of staff time and title searches for these issues. Ú. COUNTY ATTORNEY Resolution No. 04-2(¡5- Authorizing Term Loan to Provide Financing for Sports Complex Improvements - Consider staff recommendation to approve Resolution No. 04- 265 as drafted. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution No. 04-265; and, upon roll call, motion carried unanimously. 7. COMMUNITY SERVICES Proposed Plan for the Dr. Shamsher Singh Hurricane Relief Fund for Senior and Budget Resolution No. 04-273 which will set up the budget for this program- Consider staff recommendation to approve the plan proposed and approve Budget Resolution No. 04- 273 to set up the budget for the program. The Community Services Director advised the Board that she had received another donation to the fund in the amount of $2,500 bringing the total to $252,500. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Resolution No. 04-273 and also ßudgct Rcsolution No. 04-273; and, upon roll call, motion carried Ill1illl i 1110lls1 y. ADDITIONS CONSENT CA -1. Human Resources- Hurricane Frances compensation - The Board approved the Hurricane Frances compensation for exempt employees. 9 ~ '...,,/ ADDITIONS REGULAR AGENDA RA-l. COUNTY ATTORNEY Clerk of Court Office Space- Temporary Branch office- Consider staff recommendation to approve Resolution No. 04-277 and authorize the Chainnan to sign the Resolution. It was moved by Com. Barnes, seconded by Com. Coward, to approve Resolution NO. 04-277; and, upon roll call, motion carried unanimously. RA-2. COUNTY ATTORNEY Clerk of Court Office Space- Commercial Lease with DeSantis Commercial, mc.- Consider staff recommendation to ratify the County Administrator's emergency approval of the Lease with DeSantis Commercial, Inc. It was moved by Com. Coward, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. RA.3 ADMINISTRATION Request for authorization to proceed with the loan for the purchase of Environmental Sensitive Lands- Consider staff recommendation to authorize staff to proceed with the process of issuing a bond issue for approximately $6,380,000 with an annual debt paymcnt of$500,000 for 20 ycars to purchase environmental sensitive lands. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. UNAGENDAD Hurricane Frances Line of Credit- Consider staff recommendation to approve a line of credit for $20,000,000 to assist the county with their cash flow. It was moved by Com. Barnes, seconded by Com. Coward, to approve staff recommendation and also approve Resolution No. 04-280; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 10 )' \..i ....,¡ BOARD OF COUNTY COMMISSION ST. LUCIE COUNTY, FLORIDA BUDGET PUBLIC HEARING Date: September 16,2004 Tape: 1- Convened: 5 :05 p.m. Adjourned: 5:45 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Cliff Barnes, John D. Bruhn, Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Dennis Wetzel, LT. Director, Roger Shinn, Central Services Director, Mike Bowers, Utilities Director, Marie Gouin, M & B Director, Paul Phillips, Airport Director, Beth Ryder, Community Services Director, Pat Clute, Employee Relations Manager, Millie Delgado-Feliciano, Deputy Clerk BUDGET PUBLIC HEARING .... 1. The Management and Budget Director reviewed the agenda. 2. Public Hearing on the final budget for fiscal year 2004/05 - The purpose of the public hearing is to adopt a final millage rate and budget. 3. A discussion on the rolled back rate was held. The Management and Budget Director advised the Board of the rolled back rate - 7.5104. 4. The following are the mill ages and budgets under the Board of County Commissioners: Public Comments: Ms. Katherine Linberger area resident of the Grove questioned the two different MSBU rate for The Grove and for Palm Grove for lighting. She also stated her concerns to the increase in the rate. The County Administrator addressed her question. The Management and Budget Director addressed the lighting districts and how they are billed according to FPL. The Management and Budget Director reviewed the Errata and it's substantive changes. The Management and Budget Director asked for a consensus from the Board regarding the Tourist Development budget. The problem with this was the funding for the Sports Commission. In the current budget reviewed in July, there was $59,000 for the Commission and in item number 3, aids to private organizations, there will be $31,000 will be added to the $59,000 making it $90,000 and also they asked for an increase and Tourism is requesting $40,000 from the general fund to fund the organization which would make it $130,000 for next fiscal year. Mr. Larry Daum, Economic Development Director addressed the Board and stated they could get by with $100,000 rather than the $130,000. Com. Barnes suggested giving them $100,000 and if they can prove to the Commission during the next year that they need more and if there is more to give, then they can dip into the Contingency fund. 1 l' \..t- ....,¡ Com. Lewis concurred with the $100,000. Com. Hutchinson would rather spend the money on things that may be yet coming due to the Hurricane and ifthe office of Tourism in Tallahassee may require matching funds for any monies she would rather use the money for this purpose. Com. Coward stated he too would be willing to provide $100,000. Com. Bruhn opposed giving anymore money. He was not optimistic that there would be many sleeping rooms available. Those who are homeless at this point are taking up most of the rooms. .. The Management and Budget Director stated that by allocating $100,000 to the Sports Commission this would lower the reserves is the tourism budget to $24,000 and add $10,000 to the private organizations. This is all strictly tourism dollars not general fund. Operating Funds with Millages: Millage Budget General Fund Fine and Forfeiture Fund 4.1248 3.3178 85,548,736 50,324,751 Dependent Districts: 0.1000 4,118,169 45,191 3,404,660 Mosquito Control District Fund Mosquito State 1 Erosion District Zone E 0.2757 Debt Service Fund: Environmental Land I & S Port I & S South County Regional Stadium Communication System I & S 5 Year Building Bond I & S County Capital I & S Becker Road I & S Beach Bond I & S Impact Fees I & S Capital Project I & S Tourism Dev. 4th cent I & S River Branch I & S 0.1250 0.0240 2,177,499 551,361 54,963 1,298,525 8,857,602 961,239 225,015 o 262,163 577,579 1,074,864 36,526 Other Funds without Millages: Special Revenue Funds: Transportation Trust Fund (¡!'IIllls IIlld DOIlIII iOlls Library Special Grants Fund Additional Court Costs Drug Abuse Tmst Fund Port and Airport Fund Port MSBU Plan Maintenance RAD 5th Cent Tourist Development Fund Court Facilities Fund Court Facilities- Court Costs Court Administration 19th Circuit Housing Finance Authority Environmental Lands Housing Assistance Ship Program 57,570,134 371,840 229,250 o 8,329 16,587,258 106,510 298,632 494,688 1,639,124 141,062 2,206,490 48,108 o 1,054,656 2 ',.. '-' Boating Improvement Projects Bluefield Ranch Improvement Fund Capital Outlay Funds South County Regional Stadium Beach Bond Impact Fees Fund 5 Year Building Bond Fund County & Transportation Capital Lakewood Park Capital Fund Port Development Capital Sports Complex Improvements MSBU in house Loan Funds Environmental Land Capital Treasure Cove/Ocean Harbor Capital King Orange 2 MSBU Capital Skylark 2 MSBU Capital Revels Lane MSBU Capital Airport Industrial Park Capital Lennard Rd MSBU Road Capital Lennard Rd MSBU Water Capital Lennard Rd MSBU Sewer Capital Grey Twig MSBU Capital Enterprise Funds: Solid Waste Operations Golf Course Sports Complex Building Code Fund HEW Utilities NO Hutchinson Utilities NO Hutchinson Utilities Renewal/Repl. NO Hutchinson Utilities Capital SO Hutchinson Utilities SO Hutchinson Fund R & R Fund Holiday Pines Operations Holiday Pines Renewal Rapl. Holiday Pines Capital Airport Utilities District/Capital Internal Service Funds: Insurance and Loss Trust Funds: Two Cent Tourist Development One Cent Tourist Development Law Enforcement Trust Fund Law Library Arts in Public Places Trust Fund SLC Economic Dev. Trust Fund FF A Road MSBU Fund (Debt Service) South Hutchinson Fund (Debt Service) Driftwood Manor Fund (Debt Service) King Orange MSBU (Debt Service) Lost Tree Estates MSBU (Debt Service) Anita Strcct MSBU(Dcbt Service) Timberlake Estates MSBU (Debt Service)_ .....J 316,096 106,579 o 259,857 16,934,994 25,159,061 19,800,569 o 221,328 o 736,494 5,701,033 o o o o 788,000 347,458 36,872 26,327 164,579 13,250,970 2,008,710 1,676,909 3,700,000 157,699 2,574,656 175,703 2,078,206 2,313,417 273,550 2,457,693 63,724 1,323,022 177,284 14,238,339 970,884 581,590 272,265 396,012 1,082,925 269,416 o 3,921,165 31,384 33,511 4,996 10,539 23,656 3 ....,. ~ Briargate Estates MSBU (Debt Service) Rouse Road MSBU (Debt Service) North AlA MSBU (Debt Service) Ideal Holding Road MSBU (Debt Service) Westglen MSBU (Debt Service) Raintree Forest MSBU (Debt Service) River Branch EST MSBU (Debt Service) Grey Twig MSBU (Debt Service) 3,703 27,416 15,555 20,437 12,314 9,021 o o Mr. Bruce Chambers Port S1. Lucie resident addressed the Board regarding the taxes and asked they attempt to keep them as low as possible. Mr. Tom Linberger, Palm Grove resident, addressed the Board and questioned the assessments in 1989 compared to today's assessments. The County Administrator addressed his questions. 5.B Board Discussion - None 5C. It was moved by Com. Hutchinson, seconded by Com. Coward to adopt the millages for funds under the County Commission as listed; and, upon roll call, motion carried unanimously. 5.D It was moved by Com. Coward, seconded by Com. Barnes, to adopt the budgets as amended for funds under the County Commission as listed; and, upon roll call, the vote was as follows: Nay: Bruhn; Aye's: Coward, Bames, Lewis, Hutchinson, motion carried by a vote of 4 to 1. 6.A Millages and Budgets of the Special Districts Street Lighting Districts Millages Budgets # 1 River Park I # 2 River Park II # 3 Harmony Heights 3 # 4 Harmony Heights 4 # 5 Sheraton Plaza # 6 Sundland Gardens # 7 Sunrise Park # 8 Paradise Park # 9 Holiday Pines # 1 0 The Grove #11 Blakely Subdivision #12 Indian River Estates # 13 Queens Cove #16 Palm Grove #126 Southern Oaks 0.3904 0.7148 0.9891 0.7038 1.0529 0.6624 0.7954 0.9718 0.2240 0.1216 1.9991 0.1242 0.1030 0.5219 0.6123 43,987 9,812 4,358 8,343 8,991 8,951 2,848 11,090 13,183 3,280 1,844 14,837 5,015 12,022 2,676 6.B Board discussion - None 6.C It was moved by Com. Coward, seconded by Com. Bruhn, to adopt the mill ages for the Special Districts; and, upon roll call, motion carried unanimously. ú.D It was moved by Com. Hutchinson, seconded by Com. Barnes, to adopt the budgets for the Special Districts; and, upon roll call, motion carried unanimously. 7 .Millages and Budgets of the Municipal Service Taxing Districts (MSTU's) 7.A Municipal Service Taxing Districts Millages Budgets 4 ~ .....,,; Unincorporated Area MSTU Storm Water MSTU Law Enforcement MSTU Parks MSTU Transit MSTU Monte Carlo Lighting MSTU 4 Palm Lakes Gardens MSTU Pine Hollow Street Lighting MSTU Kings Highway Industrial Park Lighting 0.5256 0.4108 0.3557 0.2500 0.0900 0.4817 0.4894 5,001,473 10,329,999 2,084,486 7,853,812 1,157,758 23,924 2,535 13,770 21,862 7. B Board discussion- None 7.C It was moved by Com. Barnes, seconded by Com. Hutchinson, to adopt the millages for the Municipal Services Taxing Districts; and, upon roll call, motion carried unanimously. 7.D It was moved by Com. Hutchinson, seconded by Com. Coward to adopt the budgets for the Municipal Services Taxing Districts; and, upon roll call, motion carried unanimously. 8. Resolution No. 04-269 Fixing the FY 2004-05 Final Millage Rates- It was moved by Com. Barnes, seconded by Com. Bruhn, to adopt Resolution No. 04-269; and, upon roll call, motion carried unanimously. 9. Resolution No. 04-270 Fixing the FY 2004/05 Final Budgets - It was moved by Com. Hutchinson seconded by Com. Barnes, to approve Resolution No. 04-270; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 5 .\ y~. '-' "'" AGENDA REQUEST ITEM NO. ~ DA TE: September 28. 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman. Esq. Bond Counsel SUBJECT: Resolution No. 04-280 - Authorizing Revenue Anticipation Note for Disaster-related Repairs and Improvements within the County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 04-280 as drafted. COMMISSION ACTION: CONCURRENCE: !XI APPROVED [] DENIED [ J OTHER: Approved 5-0 County Attorney: Jr/ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only. if applicable) Eff.5/96 .. '-" S SQUIRE ~DERS -....J LEGAL COUNSEL WORLDWIDE SQUIRE, SANDERS & DEMPSEY L.L.P. MEMORANDUM To: Chairman and Members of the Board of County Commissioners of St. Lucie County, Florida From: Robert O. Freeman Date: September 20,2004 Re: Proposed Resolution Authorizing Revenue Anticipation Note for Disaster-related repairs and improvements Within the County The attached Resolution 04-280 would authorize the borrowing of up to $20,000,000, in the form of a line of credit, from SunTrust Bank, for the reconstruction and repair of capital facilities within the County damaged by the recent hurricanes (the "Project"). It also authorizes the execution of a Loan Agreement between the County and the Bank and delivery of a Note by the County to the Bank to evidence the loan. The form of Loan Agreement and SunTrust proposal description are exhibits to the Resolution. The loan, evidenced by the Loan Agreement and Note, would be secured by the disaster relief funds expected to be received from the State and Federal Governments and by the full faith and credit and taxing power of the County, in the amount necessary to supplement the disaster relief funds to pay the principal of and interest on the Note as it becomes due.. The loan would due within one year. ElSTU2004 RANSlM-BOARD '-' ....,J RESOLUTION NO. 04-280 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ISSUANCE OF A REVEN1Æ ANTICIPATION NOTE, SERIES 2004, IN AN AMOUNT NOT TO EXCEED $20,000,000 TO PROVIDE FINANCING FOR DISASTER-RELATED REPAIRS AND IMPROVEMENTS WITHIN THE COUNTY, PROVIDING FOR THE APPROVAL OF A PROPOSAL TO MAKE A TERM LOAN TO THE COUNTY FOR SUCH PURPOSE; PROVIDING AS SECURITY FOR THE PAYMENT OF THE NOTE THE DISASTER RELIEF FUNDS EXPECTED TO BE RECEIVED BY THE COUNTY FOR SUCH PURPOSE AND, TO THE EXTENT NECESSARY, THE FULL FAITH AND CREDIT AND TAXING POWER OF THE COUNTY; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE COUNTY AND THE BANK; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE AND THE LOAN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act. Section 2. Definitions. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Loan Agreement. "Act" means Chapter 125, Florida Statutes as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions oflaw. "Bank" means SunTrust Bank, Orlando, Florida. "Board" means the Board of County Commissioners, as the governing body of the County. "Chàirman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. '-" .....,¡ "County Administrator" means the County Administrator of the County. "Disaster Relief Funds" means the moneys expected to be received from the State and Federal Governments as payment for, or reimbursement to the County for payment of, a portion of the cost of the Project. "Loan" means the advance of moneys :fì-om the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the Loan Agreement between the Bank and the County setting forth the tenns and details of the Loan, in substantially the fonn attached hereto as Exhibit A, with such modifications and changes thereto as shall be approved by the Chainnan, upon the advice of the County Attorney, such approval to be evidenced by the Chainnan's execution thereof. "Note" means the Revenue Anticipation Note, Series 2004 (Disaster Relief Project), of the County, which shall be in substantially the fonn attached to the Loan Agreement as Exhibit A, with such modifications and changes thereto as shall be approved by the Chainnan, upon the advice of the County Attorney, such approval to be evidenced by the Chainnan's execution thereof. "Paying Agent" means the Clerk ofthe Circuit Court ofthe County. "Project" means the construction, reconstruction and repair of County in:fì-astructure damaged by the recent hurricanes, and all costs incidental thereto. "Proposal" means the proposal of the Bank attached hereto as Exhibit B. "Project Costs" means all or a portion of the cost of undertaking the Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes to the extent pennitted under the Code; and such other costs and expenses as may be necessary or incidental to the financing of the Project. "Resolution" means this resolution and all resolutions amendatory hereof and supplemental hereto. Section 3. Findings. It is hereby found, declared, and detennined by the Board: (A) Public works and public safety and other public infrastructure was extensively damaged as a result of Hurricane Frances and related weather. Disaster Relief Funds are not expected to be available to the extent and at the times necessary to undertake the needed construction, reconstruction and repair of such damaged infrastructure. 2 EISTU2004 RANSlR-AUTH ~ "-' (B) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its inhabitants that the County immediately undertake the Project. The County is authorized pursuant to the provisions of the Act to undertake the Project. (C) The County is without adequate, currently available funds to pay Project Costs, and it is necessary and desirable and in the best interests of the County that it borrow the moneys necessary for the Project. The County is authorized pursuant to the provisions of the Act to borrow moneys necessary to pay the Project Costs. (D) The County has received the proposal from the Bank and detennines that it is in the best interests of the County to delegate to the County Administrator the authority to accept the Proposal on behalf of the County. (E) Pursuant to the provisions of the Act, the County is authorized to pledge the Disaster Relief Funds to secure payment of the Loan and to pledge the full faith and credit and taxing power of the County to repay the Loan, to the extent necessary to supplement the Disaster Relief Funds. (F) It is necessary and desirable and in the best interests of the County to authorize and approve the execution and delivery of the Loan Agreement and the Note, and the taking of all other action in connection with the consummation of the Loan. Section 4. Authorization of Note. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County of its Revenue Anticipation Note, Series 2004 (Disaster Relief Project), in a principal amount of $20,000,000, to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Proposal, and to be secured solely by the Disaster Relief Funds and, if necessary, the full faith and credit and taxing power of the County, is hereby authorized. Section 5. Approval of Proposal. The County Administrator, upon the recommendation of RBC Dain Rauscher Inc., Financial Advisor to the County, is hereby authorized to accept the Proposal on behalf of the County. The County Attorney and Bond Counsel are hereby authorized and directed to proceed to prepare the necessary documents to consummate the Loan. Section 6. Approval of Form of Loan Agreement and Note. The Loan Agreement and the Note are hereby approved, and the Chainnan and Clerk are hereby authorized to execute and deliver the Loan Agreement and the Note to the Banle Section 7. Authorization of Other Action. The Chainnan, the Clerk, the County Administrator, the Management and Budget Director, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the Loan Agreement and the Note and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and 3 E/STU2004 RANS/R-AUTH ~ ...,¡ the Note to the Bank, including, but not limited to, the making of modifications to the Loan Agreement and the Note to conform the provisions thereof to the provisions of the Proposal. Section 8. Application of Proceeds of Loan. The proceeds of the Loan shall be applied solely to the payment of Project Costs. Section 9. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 10. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Note or Loan Agreement delivered hereunder. Section 11. Amendment. This resolution may not be amended or repealed except with the prior written consent of the Bank. Section 12. Effective Date. This resolution shall take effect immediately upon its adoption. 4 EISTU2004 RANS/R-AUTH ~ '...J Passed and Adopted this 215t day of September 2004, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman of the Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5 E/STU2004 RANS/R-AUTH ~ -...I EXHIBIT A FORM OF LOAN AGREEMENT A-I ElSTU2004 RANS/R-AUTH \.t ....J EXHIBIT B BANK PROPOSAL SunTrust Bank, Central Florida Mail Code 1100 200 S. Orange Ave. Orlando, FL 32801 Tel (407) 237-6764 Fax (407) 237-5615 Todd A. Morley, CFA Vice President September 17, 2004 Ms. Marie Gouin Management and Budget Director St. Lucie County 2300 Virgina Avenue Fort Pierce, FL Fax: 772.462.2117 Mr. Bill Leedy RBC Dain Rauscher 225 E. Robinson Street, Suite 465 Orlando, Florida 32801 Fax: 407.422.5659 Re: Commitment to St. Lucie County for Non-revolving Bank Line of Credit (Grant Anticipation Note) Dear Ms. Gouin and Mr. Leedy: SunTrust Bank is pleased to present this commitment to provide St. Lucie County a Line of Credit (the "Line") in the amount of up to twenty million and 00/100 dollars ($20,000,000). The Line shall be secured by a lien on amounts received from FEMA and the State of Florida related to reimbursement of costs related to Hurricane Charley and Hurricane Frances. The repayment shall be further secured by a pledge of ad valorem taxes. SunTrust appreciates the opportunity to provide St. Lucie County the Line of Credit (Grant Anticipation Note) and views this as further indication of our interest to work with St. Lucie County on commercial bank loans as well as public bond sales. We value our relationship with the County and look forward to working with the County on this transaction. Although the following provisions, terms and conditions are intended to be comprehensive, they are not necessarily inclusive of all the anticipated terms that will be applicable to the credit. All of such terms will be set forth in the final, definitive loan documents, and all such terms must be acceptable to the Bank and its counsel. Borrower: St. Lucie County Lender: SunTrust Bank 200 South Orange Avenue Orlando, FL 32801 Todd Morley Vice President (407) 237-6764 C-l E/STU2004 RANS/R-AUTH '-' ......, Amount: Up to $20,000,000 Maturity: One year or less. Purpose: The Line of Credit will be used to pay for costs related to Hurricane Charley and Hurricane Frances. Terms: Interest only, payable April 1, 2005 and at maturity. Principal is due in full at maturity. Security: The Line of Credit shall be secured by a first lien on amounts received from FEMA and the State of Florida related to reimbursement of costs related to Hurricane Charley and Hurricane Frances. Additionally the County shall pledge their ad valorem revenues. Interest Rate: Tax-exempt Non-Bank Qualified Variable Rate (1-Month) Non-Bank qualified tax-exempt rate of 77% of one-month LIBOR plus 0.54%. Rate as of September 17, 2004 is 1.89%. The initial rate shall be set one day prior to closing at a rate of 77% of one- month LIBOR plus 0.55% and shall reset the first day of each month there after based on 77% of one-month LIBOR plus 0.55%. Prepayment: The County may prepay the outstandinq draws at anytime without penalty. Closing Costs: Bank Counsel fees shall be capped at $1,750 for review of documentation. Covenants and Conditions A) All matters relating to this loan, including all instruments and documents required, are subject to the Bank's policies and procedures in effect, applicable governmental regulations and/or statutes, and approval by the Bank and the Bank's Counsel. B) Borrower's Counsel shall submit a written opinion, in form and substance acceptable to the Bank and Bank's Counsel, that all documents are valid, binding and enforceable in accordance with their terms, that execution and delivery of said documents has been duly authorized, and addressing such other matters as the Bank and the Bank's Counsel deem appropriate. C) Borrower shall submit annual audited statements within 210 days of fiscal year end, together with an annual budget within 30 days of adoption, together with any other information the Bank may reasonably request. D) The tax-exempt interest rates quoted herein take into consideration a corporate tax rate of 35%. In the event of a change in the maximum corporate tax rate, the Bank shall have the right to adjust the interest rate in order to maintain the same after tax yield. E) The Bank shall have the right to adjust the tax-exempt interest rate in order to maintain the same after tax yield if any amendments to existing law are enacted which would adversely affect the Bank's after tax yield including any "determination of taxability" as will be defined in the loan B-2 EISTL/2004 RANS/R-AUTH \.' ~ documentation. F) The Borrower shall comply with and agree to such other covenants, terms, and conditions that may be reasonably required by the Bank and its counsel and are customary in tax-exempt financings of this nature. These covenants would include, but are not to be limited to, covenants regarding compliance with laws and regulation, remedies in the event of default and bond counsel's opinion regarding the tax exempt and "bank qualified" nature of the facility. G) Draw Certificate: The County Administer shall certify that the proceeds from the requested amount to be drawn will be used for expenditures related to Hurricane Charley and Hurricane Frances and that such expenditures will qualify as reimbursable expenditures from FEMA and the State of Florida. Acceptance of Commitment:Borrower must signify its acceptance of this commitment no later than October 14, 2004 on the acknowledgment below. This commitment shall remain valid until November 1, 2004 unless otherwise extended by the Bank. After you have had a chance to review the following information, please contact Todd Morley at (407) 237-6764 with any questions. SunTrust Bank greatly appreciates the opportunity to provide this financing commitment for the above referenced project, and eagerly awaits your response. Sincerely, SunTrust Bank Todd Morley Vice President BORROWER ACCEPTS THE COMMITMENT AS RENDERED: Date cc: Wayne Herring, SunTrust Bank B-3 ElSTU2004 RANS/R-AUTH ""/ \...r ..., AGENDA REQUEST ITEM NO. 7 DATE: September 28, 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Tradition Field - Naming Rights Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Naming Rights Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: !XI APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: :k Review and Approvals Management & Budget Parks & Rec. Dir: \{~ . Purchasing: Originating Dept. County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 / ~ \w; >....J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-1307 DATE: September 21, 2004 SUBJECT: Tradition Field - Naming Rights Agreement ************************************************************************** BACKGROUND: Attached is a copy of a Naming Rights Agreement between the County and Tradition Development Company, L.L.C. The Agreement was negotiated by the New York Mets on behalf of the County. In return for $75,000.00 payment from Tradition each year, the County agrees to rename the Stadium as "Tradition Field" and the right to name the sports complex "Tradition Sports Complex" or "Tradition Field Sports Complex." The Agreement runs from February 18, 2004 and expires on December 31, 2013. Tradition has the option to extend the term an additional five years. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Naming Rights Agreement and authorize the Chairman to sign the Agreement. DSM/ caf Attachment ~ ~ NAMING RIGHTS AGREEMENT Naming Rights Agreement ("Agreement") by and between St. Lucie County, a political subdivision of the State of Florida ("County"), and Tradition Development Company, L.L.C., a Florida limited liability company with its principal place of business at 1850 Fountainview Boulevard, Port St. Lucie, Florida 34986 ("Sponsor") (with County and Sponsor referred to collectively herein as the "Parties"). W!TNE~~ETH: WHEREAS, County is the owner of the Sports Complex (as hereinafter defined), and possesses the right to grant Naming Rights (as hereinafter defined) to third parties through the Club (as hereinafter defined) or Club's designee as County's exclusive agent; and WHEREAS, Sponsor is a company engaged in master plan community development in the State of Florida in and near St. Lucie County, Florida; and WHEREAS, Sponsor desires to acquire from County, and County desires to grant to Sponsor, the Naming Rights upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and premises contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows: DEFINITIONS. The following terms shall have the meanings stated below when used in this Agreement: "Advertising Agreement" means the coterminous advertising agreement entered into by and between Sponsor and the Club simultaneous with the execution of this Agreement. "Agreement" means this Naming Rights Agreement, as it may be amended, modified or otherwise supplemented from time to time pursuant to its terms. "Business Day" means any day that is not a Saturday, Sunday or a day on which banks are required or permitted to be closed in the State of Florida. "Change in Control" means a change in the ability to direct the management and affairs of Sponsor as a result of or resulting in the exercise of contractual, voting or other rights. "Club" means Sterling Mets, L.P. d/b/a the New York Mets and its affiliate, Sterling Facility Services, L.L.C. "Competitor" means any entity that is unaffiliated with Sponsor, and is engaged in any of the activities described in the definition of "Sponsor Business." "Contract Year" means each of the calendar years during the Term beginning with calendar year 2004. 1 ~ ....." "Control" means the ability to direct the management and affairs of any entity or person as a result of the exercise of contractual, voting or other rights. "CPI Factor" means, with respect to any Contract Year, a fraction the numerator of which is the Consumer Price Index, All Urban Consumers, Miami-Fort Lauderdale Area, All Items, of the Bureau of Labor Statistics of the United States Department of Labor (1982-1984=100) (the "CPI") as of October 1 of the calendar year immediately preceding such Contract Year and the denominator of which is the CPI as of October 1 of the calendar year immediately prior to such immediately preceding calendar year; provided, that in no event will the CPI Factor for any Contract Year be less than 1.00 or greater than 1.04. For example, in determining the annual Naming Rights Fee (as defined herein) for Contract Year 2005, the CPI Factor for Contract Year 2005 would be a fraction the numerator of which is the October 1,2004 CPI and the denominator of which is the October 1,2003 CPI (but, in any event, a fraction no less than 1.00 and no greater than 1.04). If the CPI ceases to be published, the CPI shall be replaced by such other reasonably similar index as County may reasonably designate with the consent of the Club and Sponsor. "FUA" means the S1. Lucie Sports Complex Facilities Use Agreement between Sterling Facility Services, L.L.C. and County, dated as of August 1, 2003, as modified, amended, supplemented or replaced from time to time. "Land" means the real property legally described on Exhibit "A" hereto. "Requirements" means any and all (i) laws, rules, regulations, orders, ordinances, statutes, codes, executive orders, resolutions and requirements (currently in force or hereafter adopted) of any federal, state or local government or municipality (and any agency, department, legislative body, commission, board, bureau, instrumentality or political subdivision of any of the foregoing) applicable to the Parties, the Club, the Naming Rights, the Stadium Trademarks, this Agreement or any rights or obligations hereunder, or the Sports Complex or any portion thereof and (ii) certificates of occupancy issued for the Sports Complex as then in force. "Sponsor Business" means the ownership, management or operation of a master plan community development business. "Sports Complex" means the Land and all of the fields and improvements located thereon, including, without limitation, the Stadium, and certain major and minor league training facilities, locker rooms, practice facilities, and other facilities and improvements. "Stadium" means the baseball stadium located at the Sports Complex and formerly known as Thomas 1. White Stadium. "Stadium Trademarks" means the Stadium Name and the Complex Name (as those terms are defined herein) and all other trademarks, trade names, and service marks that incorporate the Stadium Name or the Complex Name, as the foregoing may be jointly developed by the Parties and approved by the Parties and the Club, subject further to the provisions of this Agreement, provided, however, that the Club shall retain the Club's rights to any name, trademark, copyrighted material, logo or other intellectual property of the Club. 2 '-' .'-1Ì SECTION I. NAMING RIGHTS. (a) County hereby grants the following rights (the "Naming Rights") to Sponsor upon the terms and conditions contained in this Agreement: the right to have the Stadium officially designated as "Tradition Field" (with such officially designated name referred to herein as the "Stadium Name") during the Term of this Agreement; and the right to have the Sports Complex officially designated as "Tradition Sports Complex" (with such officially designated name referred to herein as the "Complex Name"), subject to Section I (b) below, during the Term of this Agreement. In addition, County shall refer, and shall cause Club to refer, to the Stadium as the Stadium Name and to the Sports Complex as the Complex Name, and shall not advertise or refer to the Stadium or the Sports Complex by any other name. In addition, County shall use, and shall cause Club to use, the Stadium Name and the Complex Name when referring to the Stadium and the Sports Complex, respectively, in any of its and the Club's correspondence, press releases, promotional materials, advertisements and/or publications. In addition County shall use the Stadium Name and the Complex Name when referring to the Stadium and the Sports Complex, respectively, on all related directional traffic and pedestrian signs on highways, local streets, and all public thoroughfares in and around the Sports Complex and in St. Lucie County, Florida, and County shall change all such signage (at its expense in the initial instance of such, and subject to subparagraph (b) below) to reflect such names. In addition, County will not sell or permit any third party the right to have any of Baseball Fields I through 7 at the Sports Complex officially designated to have a name that will include such third party's corporate or trade name, product name, or trademark. Except as specifically provided in the Section hereof entitled "Assignment", Sponsor shall have no right to assign or sublicense the Naming Rights. (b) Sponsor shall have no right to have the Stadium officially designated as /" anything other than "Tradition Field" or to have the Sports Complex officially designated as \\@¡Y""'---anything other than "Tradition-Sports Complex" (even in the event of, among other things, a change in Sponsor's company name or any sale, consolidation or merger of Sponsor or the like) without the prior written consent of both County and the Club, which consent may be granted or withheld in County's and the Club's respective sole and absolute discretion, except that Sponsor shall have the ability to cause the Complex Name to be redesignated once during the Term to either "Levitt Sports Complex" or "Levitt and Sons Sports Complex" (with such redesignation of the Complex Name to take place on or before the commencement of the New York Mets Spring Training season following the calendar year in which Sponsor delivers written notice to County and the Club of its desire to have the Complex Name redesignated). In the event that at the request of Sponsor the Stadium is officially designated as anything other than "Tradition Field" or the Sports Complex is officially designated as anything other than "Tradition Sports Complex" with the consent of County and the Club (including redesignation of the Complex Name "Levitt Sports Complex," or "Levitt and Sons Sports Complex" subsequent to the delivery of written notice as contemplated in the previous sentence), Sponsor will be responsible for all costs incurred by County and the Club associated therewith, including without limitation the cost to remove and replace any signage reflecting the new Stadium Name or the new Complex Name, and shall use, or shall reimburse County or the Club for their use of, a reputable, licensed, and insured contractor to perform such removal and replacement. The size, materials, design, artwork and specific locations of the aforesaid replacement signage shall be subject to the reasonable approval of County and the Club. In the event that prior to termination of this 3 '-' ....." Agreement the Stadium Name or Complex Name changes at the request of Sponsor after fabrication of any signage or advertisement reflecting the Stadium Name or Complex Name, the Sponsor will be responsible for reimbursing the County and the Club for all reasonable costs incurred by them or on their behalf relating to all such name changes including, without limitation, all costs related to the removal and replacement of any signage or advertisement reflecting the Stadium Name or Complex Name, modifications to the official website of the County which identifies the Stadium Name and/or Complex Name to change such name on such web site and the replacement of golf shirts worn by event employees at the Sports Complex. (c) Signage provided by County hereunder reflecting the Stadium Name and Complex Name or any of the other Stadium Trademarks may be removed, stored and/or destroyed by County upon termination or expiration of this Agreement, and shall be removed after termination or expiration of this Agreement if requested by Sponsor. All costs and expenses associated with the removal, storage and/or destruction of such signage shall be borne by the County provided that such costs and expenses shall be borne by Sponsor if this Agreement is terminated because of material breach or an Event of Default by Sponsor or if this Agreement is terminated because of termination of the Advertising Agreement due to Sponsor's exercise of its right to terminate that agreement effective December 31, 2008 as provided therein. (d) Notwithstanding anything to the contrary in this Agreement, County shall retain and reserve the right, itself or through agents, to market for sale and sell to one or more other third parties naming rights to the football/soccer field near the Sports Complex and/or to any constituent part of the Sports Complex other than the Stadium and Baseball Fields 1 through 7 during the Term (and to name Baseball Fields 1 through 7 during the term other than as prohibited by Section 1 (a)), provided that County shall not sell or permit such naming rights, and shall not enter into an agreement granting the Football/Soccer Naming Rights (as such term is defined in the FDA), to a Competitor during the Term. In the event that this Agreement is terminated, County, without any further proceedings, may grant the rights granted to Sponsor hereunder (including, without limitation, the right to designate the name of the Stadium and the Sports Complex) to one or more third parties during any portion of the Term that would have remained under this Agreement had it not been terminated. (e) Notwithstanding anything to the contrary in this Agreement, Sponsor shall have no right, title, or interest in or to any existing or future trademarks, trade names, service marks, copyrighted work, other intellectual property, logos, letters, words, symbols, characters, designs, and the like of County or the Club, all of which are reserved to County and the Club as such may apply irrespective of this Agreement. This Agreement does not grant to Sponsor any right to use any intellectual property of County or the Club or their employees or affiliates, and Sponsor shall not use or infringe upon or dilute any such name, trademarks, trade names, service marks, copyrighted works, rights of privacy or publicity, or other intellectual property. (f) Notwithstanding any other provision of this Agreement, Sponsor and its employees and agents shall comply with all Requirements applicable to Sponsor or the performance of Sponsor's obligations under this Agreement. 4 \..r \J SECTION 2. STADIUM TRADEMARKS. (a) The Parties and the Club may jointly develop and use such Stadium Trademarks (in addition to the Stadium Name and Complex Name) as they may mutually agree upon. Any incorporation or other use of any image of the Sports Complex or any part thereof, including the Stadium, in any Stadium Trademark shall likewise require the prior written approval of the County and the Club, such approval to be granted or withheld in County's and the Club's respective sole and absolute discretion. The Stadium Trademarks shall not include or incorporate any name, trademark, copyrighted material, logo or other intellectual property of the Club, all of which remain the sole and exclusive property of the Club and may be used by the Parties only in accordance with the Advertising Agreement or such other written agreement entered into by the Club. (b) Sponsor shall bear all costs and expenses associated with legally establishing and protecting rights to the Stadium Trademarks and any claim or dispute relating to the Stadium Trademarks (except that, to the extent the Stadium Trademarks are included or incorporated into any name, trademark, copyrighted material, logo or other intellectual property of the Club, Sponsor shall only be responsible for the costs and expenses associated with any claim or dispute to the extent such claim or dispute is related to the Stadium Trademarks and shall not be responsible for the costs and expenses associated with any claim or dispute to the extent such claim or dispute is related to the trademarks of the Club); provided, however, Sponsor shall (i) immediately provide County and the Club with written notice of any claim ("Claim") of which Sponsor becomes aware made against or otherwise involving the Stadium Trademarks (including, without limitation, any claim for actual or potential infringement or dilution); and (ii) allow County and the Club, at each entity's separate and respective sole option, to participate (at such entity's cost and expense) in the proceedings regarding each Claim with counsel selected by each such participating entity; and (iii) not settle or otherwise compromise any Claim where the settlement or compromise does not generally release County or the Club (to the extent the Claim affects such party) or may affect the interests of County or the Club without the prior written approval of County and the Club. This paragraph shall be without limitation of Section 11 hereof. SECTION 3. USE AND LICENSING OF STADIUM TRADEMARKS. (a) Subject to Section 3(c) hereof, Sponsor hereby grants to County and the Club a royalty-free license throughout the Term of this Agreement to use the Stadium Trademarks for any purpose, whether commercial or otherwise. Without limitation of the foregoing, Sponsor hereby grants to County and the Club a royalty-free license throughout the Term of this Agreement to use, advertise and sell, and authorize third parties to use, advertise and sell, apparel, souvenirs and other merchandise incorporating the Stadium Trademarks, subject to the reasonable quality control of Sponsor to protect its trade names and trademarks as set forth below. Upon expiration or termination of the Term, County and the Club, and any third party authorized by either of them, shall have six months to dispose of previously manufactured or ordered apparel, souvenirs and other merchandise bearing the Stadium Trademarks. (b) Subject to Section 3( c) hereof, Sponsor grants to any third party authorized by County or the Club to use the Stadium or the Sports Complex a royalty-free 5 ~ ...." license throughout the Term of this Agreement to use the Stadium Trademarks in connection with such use of the Stadium or the Sports Complex (including, without limitation, in advertising, promotion, identification of the Stadium and the Sports Complex, and in all other functions or activities with respect to which such third party would refer to the Stadium or the Sports Complex). (c) The nature and quality of the use of the Stadium Trademarks hereunder (including, without limitation, Sponsor's "Tradition" trademark or the "Levitt" or "Levitt and Sons" trademarks, service marks or trade names as they may be included in the Stadium Trademarks) shall conform to such reasonable standards as may be set by and under the control of Sponsor, provided that Sponsor or gives prior, written notice of such standards to County and the Club. County will use commercially reasonable efforts to enforce such requirements with respect to the Club. The County shall and shall cause the Club to endeavor to conform to the Sponsor's reasonable quality control standards with respect to goods offered for sale by the County and/or the Club under the Stadium Trademarks provided (i) Sponsor acknowledges that goods now being offered for sale by the County or the Club meet the Sponsor's quality control standards; (ii) Sponsor shall not raise its quality control standards without the prior written consent of the County and the Club which consent shall not be unreasonably withheld; and (iii) Sponsor shall act reasonably and in good faith in dealing with any quality control issues. (d) County agrees to reasonably cooperate in good faith with Sponsor (at Sponsor's sole cost and expense), upon written request, for the purpose of securing and preserving Sponsor's rights in and to the Stadium Trademarks. (e) During the Term, Sponsor shall have the right to use the Stadium Trademarks in its promotional or marketing materials subject to the prior reasonable written approval of both County and the Club, but Sponsor shall make no other use of, and shall not authorize any third party to use, the Stadium Trademarks without the prior written consent of both County and the Club (which consent, when sought by Sponsor with respect to Sponsor's own use, shall not be unreasonably withheld or delayed, and which consent, when sought with respect to any third party's use, may be granted or withheld in the discretion of County and the Club). If neither County nor the Club disapprove of any promotional or marketing material submitted by Sponsor for approval pursuant to the immediately preceding sentence within fifteen (15) days of County's and the Club's respective receipt of such material, it shall be deemed approved. Without limitation of the foregoing provisions of this subsection, Sponsor shall not, and shall not authorize any third party to, produce, advertise, distribute or sell apparel, souvenirs or other merchandise identifying or using any image of the Stadium or the Sports Complex and/or using the Stadium Trademarks without the prior written approval of County or the Club, which approval may be granted or withheld by County and the Club in their respective sole and absolute discretion. (1) Upon the expiration or termination of this Agreement, for any reason whatsoever, County and the Club shall immediately discontinue and shall not resume the use and exploitation of any and all Stadium Trademarks, and Sponsor shall not use or license the use of the StadiUm Trademarks in connection with, or license or assign the Stadium Trademarks to, any professional baseball organization other than the Club. 6 '-" ......, (g) Nothing herein shall restrict the ability of Sponsor or its affiliates to utilize the mark or name "Tradition", "Levitt," or "Levitt and Sons" subject to, among other things, Section 1 (e) of this Agreement and any restrictions with respect to the use of the Stadium Trademarks. SECTION 4. TERM (a) Subject to Sections 4(b) and 6 below, and subject to such termination and termination rights as are set forth elsewhere in this Agreement or are provided at law or in equity, the "Term" of this Agreement shall commence as of February 18, 2004 and shall expire on December 31, 2013. (b) Sponsor will have the option (the "Renewal Option") to extend the Term of this Agreement by providing written notice to both County and the Club on or before April 1, 2013 of Sponsor's election to extend the Term of this Agreement for an additional period of five years, until December 31, 2018, provided, however, that Sponsor must also exercise its option to extend the Advertising Agreement until December 31, 2018 as provided in the Advertising Agreement. SECTION 5. PAYMENT. In consideration of the rights to be granted by County to Sponsor hereunder, Sponsor shall pay County an annual fee (the "Naming Rights Fee") equal to Seventy Five Thousand Dollars ($75,000.00) in 2004, and for each subsequent Contract Year, an amount equal to the Naming Rights Fee in effect for the immediately preceding Contract Year multiplied by the CPI Factor. Each annual Naming Rights Fee shall be due and paid on or before each December 31 during the Term. The Naming Rights Fee of $75,000 for the 2004 Contract Year shall be due and paid in its entirety on or before December 31, 2004 notwithstanding that the Term did not commence until February 18, 2004 and even though certain rights and benefits contemplated hereunder were not received during certain portions of 2004. All payments required hereunder shall be made in immediately available funds by wire transfer to such bank account as County may direct in writing from time to time. In the event that any payment date covered by this Section is not a Business Day, such payment shall be made on the immediately preceding Business Day. 7 '-" ~ SECTION 6. TERMINATION. (a) This Agreement shall be conterminous with, and automatically terminate without any further action by either party hereto upon, the expiration or termination of the Advertising Agreement or the FDA. Notwithstanding the foregoing, if the FDA terminates or expires and County or the Club notifies Sponsor that the FDA will be replaced with a lease, facilities use agreement or other agreement whereby the Club plays Spring Training games at the Stadium (the "Successor FDA") between the Club and County, then this Agreement shall not terminate, County and Sponsor shall, with the consent of the Club, enter into an amendment or modification of this Agreement to reflect the Successor FDA, and this Agreement, as so amended or modified, shall remain in effect until the earliest of the (i) termination of this Agreement, as so amended or modified; (ii) termination of the Successor FDA; (iii) termination of the Advertising Agreement; or (iv) expiration of the remainder of the scheduled Term hereunder. The termination of this Agreement as a result of the termination of the FDA or the Successor FDA or the Advertising Agreement shall not constitute a default by County hereunder, and shall be without any liability of either County or the Club to Sponsor. In the event this Agreement terminates as the result of the termination of the Advertising Agreement, and if such termination of the Advertising Agreement was due to a breach or default thereof by Sponsor, then the termination of this Agreement shall be treated as if it occurred due to an Event of Default by Sponsor. (b) In the event Sponsor or any person or entity subject to Sponsor's Control or who Controls Sponsor or who bears or uses Sponsor's names, trademarks, service marks or logos (or, if "Levitt" or "Levitt and Sons" or any other name, trademark, service mark or logo is part of the Complex Name, any parent, affiliate, subsidiary, licensee, or business associate of Sponsor who bears or uses such name, trademark, service mark or logo) engages in any conduct which, in the reasonable opinion of the Club, would or does materially demean or damage the reputation, image or customer goodwill of the Stadium or the Sports Complex, the Stadium Trademarks, Sponsor (or its successor-in-interest), County, the Club, the New York Mets Major League Baseball team, the St. Lucie Mets Minor League Baseball team (or any Florida State League or Gulf Coast League ("GCL") team affiliated with the Club), Major League Baseball, Minor League Baseball, the Florida State League (or, if applicable, the GCL), County may (with the consent of the Club), and upon being so directed by the Club shall have the obligation to, terminate this Agreement by delivering written notice to Sponsor, provided that any dispute as to the reasonableness of Club's opinion shall be submitted to arbitration pursuant to appropriate arbitration standards and procedures set forth in Section 8 of this Agreement, and Sponsor shall have the right to demand arbitration in accordance with such procedures. (c) In addition to the other bases for termination set forth in this Agreement and in addition to any other remedies available at law or in equity, County may (with the consent of the Club), and upon being so directed by the Club shall have the obligation to, terminate this Agreement upon written notice to Sponsor (i) in the event of a Change in Control of Sponsor, or the consolidation, sale, merger, bankruptcy, foreclosure, or transfer of substantially all stock of Sponsor; (ii) in the event Sponsor becomes primarily engaged in a business other than a Sponsor Business; (iii) in the event Sponsor is responsible for an "Event of Default" as defined herein (including, among other things, a failure to cure a payment default or a failure to comply with a material term or condition of, or to satisfy a material obligation Sponsor has assumed under, this 8 \..- ....., Agreement which breaches are not cured within the applicable cure period); or (iv) in such other circumstances as are set forth in this Agreement. Any termination of this Agreement in accordance with this Section 6 shall not constitute a default by the terminating party and shall be without liability of either the terminating party or the Club, and shall be without limitation of any other rights or remedies under this Agreement, the Advertising Agreement, or otherwise, including such rights or remedies as may exist at law or in equity. (d) Except as otherwise provided herein, each of the following shall constitute a material breach and default of this Agreement (an "Event of Default"): (i) the failure by Sponsor to cure a payment default under this Agreement within ten (10) business days after written notice of such breach; or (ii) subject to Section 7 hereof, the failure by either party to comply with a material term or condition of, or to satisfy a material obligation it has assumed under, this Agreement, which default is not cured within thirty (30) days after written notice of such breach to the defaulting party or such greater period of time as is necessary to cure such breach if such party commences within such thirty (30) days good faith efforts to cure such breach and such party is proceeding with diligence to complete such cure. (e) Upon the earlier of the termination or expiration of the Term of this Agreement, none of the terms and conditions of this Agreement shall be of any further force or effect, except for Sections I(c), I(e), 2(b), 3(t), 3(g), 6(t), 8, 9, 11, and 15 through 22 hereof, which shall survive the termination or expiration of this Agreement (along with such other provisions as are specifically identified elsewhere herein as surviving the termination or expiration of this Agreement or which, by their nature, would survive such termination or expiration) . (t) Upon an Event of Default not cured within the applicable cure period the other party shall be entitled to seek all remedies available at law or in equity except as otherwise specified in this Agreement, but under no circumstances shall either party hereto be entitled to receive or otherwise recover from the other party any special, punitive or consequential damages. SECTION 7. FORCE MAJEURE. (a) Diminution or delay in either party's performance of its obligations under this Agreement by reason of the occurrence of substantial damage or destruction of the Stadium, a natural disaster or other act of God, action or decree of any federal, state or local government or municipality or any other governmental body with appropriate jurisdiction, war, act(s) of war (whether war be declared or not), terrorism, police action, insurrection(s), riot(s) or civil commotion(s), lockout, strike or other labor or work stoppage, or other events or circumstances out of the control of the party who is unable to perform its obligations shall not constitute a default under this Agreement and shall not constitute a ground for termination, but there shall be an equitable abatement of the Naming Rights Fee if the Stadium is materially damaged as a result of such events or circumstances and not repaired within a reasonable time. (b) In the event that no Spring Training activities occur at the Sports Complex during any year of the Term because of a Major League Baseball work stoppage, Sponsor shall not be required to pay the annual fee to County for such year as described in Section 5 above. 9 \.t """'" SECTION 8. ARBITRATION. (a) The Parties shall utilize any of the three (3) disinterested persons selected as arbitrators by County and the Club under the FUA to serve as arbitrators in the event of an arbitrable dispute under this Agreement (i.e., a dispute as to the reasonableness of Club's opinion as set forth in Section 6(b) hereof, with the reasonableness of such opinion to be the only matter arbitrable under this Agreement, and the only issue to be resolved in an arbitration held hereunder). Any arbitrator utilized hereunder shall not be affiliated with either of the Parties hereto and shall be a person qualified to render decisions pertaining to the entertainment and sports fields. (b) The arbitration procedure herein shall be the sole and exclusive method for the determination of any issues subject to arbitration in this Agreement, and the arbitrator may award appropriate remedies, although nothing herein shall be construed to forbid either party from resorting to court for relief from, or to enforce rights under, any arbitration award. Any demand for arbitration shall be filed in writing with the other party to this Agreement and with the Club and with the American Arbitration Association. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based upon such dispute would be barred by the applicable statutes of limitations. Any arbitrator's award or determination hereunder shall be binding and conclusive on all parties. (c) Each dispute to be resolved by arbitration pursuant to this Agreement shall be submitted to one of the three arbitrators referenced above in Section 8(a) based upon qualifications and subject to such arbitrator's availability. The dispute and all other supporting materials shall be submitted according to a schedule established by the arbitrator. Notice of submission of a dispute to arbitration shall be made by facsimile transmission to Club, County, Sponsor, and the selected arbitrator. Such facsimile notice shall be effective upon receipt and sent to all of the notice parties listed in Section 16 of this Agreement at the facsimile telephone numbers set forth therein or such other facsimile telephone numbers as Club, County, or Sponsor may designate by notice pursuant to Section 16. With respect to arbitration hereunder, each arbitrator shall agree that he or she shall render his or her decision within thirty (30) days of the submission to him or her of all materials pursuant to this subsection. The parties hereto shall make all reasonable efforts to adhere to, and cause the arbitrator to adhere to, the time limits set forth herein, provided that, if such time limits cannot be met despite such reasonable efforts then the arbitrator may extend such time frames as necessary and such extension shall not affect the validity of the decision of the arbitrator. The determination of the arbitrator shall be in writing, setting forth the reasons for such determination and shall be final and binding upon the parties hereto and neither party may apply to any court to vacate, modifY or appeal the award of the arbitrator but may apply to an appropriate court solely for the purpose, if necessary, of enforcing the award of the arbitrator. Notwithstanding the foregoing, either party hereto may seek to vacate or modifY the award solely on the grounds of corruption, fraud, or miscalculation of figures, or because the arbitrator has decided a matter not arbitrable hereunder. (d) The expenses of arbitration shall be shared equally by County and Sponsor, but each party shall be responsible for the fees and disbursements of its own attorneys and the expenses of its own proof. The Club shall be afforded the right to participate in the arbitration in order to offer evidence in support of the reasonableness of Club's opinion as set 10 \.,-. ....., forth in Section 6(b) hereof (although it shall be the burden of the party submitting the dispute to arbitration to prove that such opinion was not reasonable), and if it exercises such right, shall be responsible for the fees and disbursements of its own attorneys and expert witnesses in connection therewith. County and Sponsor shall sign all documents and do all other things necessary to submit any such matter to arbitration and further shall, and' hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder. (e) With respect to the provisions of this Section 8, County, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, assigns to the Club any and all of County's rights related to any arbitration hereunder with respect to the reasonableness of Club's decision to terminate this Agreement as set forth in Section 6(b) of this Agreement, including without limitation the right to defend and support the reasonableness of such decision. Sponsor expressly and irrevocably consents to such assignment. SECTION 9. REPRESENTATIONS AND WARRANTIES. (a) County represents and warrants that it is a political subdivision of the State of Florida; that it has all power and authority to execute and deliver this Agreement and to perform its obligations hereunder; that the execution, delivery and performance by it of this Agreement and the consummation of the transactions contemplated hereby has been duly and validly authorized by all requisite County action, and no other act or proceeding is necessary to authorize the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby; and that it is not subject to or obligated under any applicable law, rule or regulation of any governmental authority, or any agreement, instrument, license or permit, or subject to any order, writ, injunction or decree, which would be breached or violated by the execution, delivery or performance ofthis Agreement. (b) Sponsor represents and warrants that it is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Florida; that it has all corporate power and authority to execute and deliver this Agreement and to perform its obligations hereunder; that the execution, delivery and performance by it of this Agreement and the consummation of the transactions contemplated hereby has been duly and validly authorized by all requisite corporate action, and no other corporate act or proceeding is necessary to authorize the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby; and that it is not subject to or obligated under its certificate of incorporation or by-laws, in each case as amended to date, or any applicable law, rule or regulation of any governmental authority, or any agreement, instrument, license or permit, or subject to any order, writ, injunction or decree, which would be breached or violated by the execution, delivery or performance of this Agreement. (c) Sponsor represents and warrants that, throughout the Term, it shall possess all ø-" right, title and interest in, to and under Sponsor's "Tradition" trademark, service mark and trade \\~ all Stadium Trademarks (including, without limitation, "Tradition Field" and "Tradition Sports Complex") and, among other things, shall have the right, without need for any ß consent or permission from any other person or entity, to use, exploit, and authorize the use and ~ exploitation of Sponsor's "Tradition" trademark, service mark and trade name and all Sladium 11 '-' '-' Trademarks as contemplated by the Naming Rights Agreement and the Advertising Agreement (including among other things, if used as part of the Stadium Name or Complex Name or any Stadium Trademark, "Levitt," "Levitt and Sons," or any other name, trademark, service mark, copyrighted work, other intellectual property, logos, letters, words, symbols, characters, designs, and the like). Sponsor further represents and warrants that neither the Stadium Trademarks, nor Sponsor's "Tradition" trademark, service mark and trade name (nor, if applicable, the "Levitt" or "Levitt and Sons" trademarks, service marks and trade names), nor any other names, trademarks, service marks, copyrighted works, other intellectual property, logos, letters, words, symbols, characters, designs, and the like as included or incorporated in the Stadium Name, the Complex Name or any of the other Stadium Trademarks will wrongfully conflict with or will infringe upon or dilute the rights of any third parties. The Parties acknowledge that, as between Club, County and Sponsor, the Stadium Trademarks are the property of Sponsor. SECTION 10. SUBSERVIENCE. Notwithstanding anything to the contrary contained in this Agreement, this Agreement and the terms and conditions hereof, including without limitation each right and obligation of County and Sponsor contained in this Agreement, shall be subject and subordinate to the FUA (and any Successor FUA) and the Requirements. If this Agreement terminates, or if County's performance hereunder is substantially impaired, due to the application or effect of the FUA (or any Successor FUA), or due to any modifications, amendments, supplements or replacements of the FUA (or any Successor FUA), Sponsor shall be entitled to a pm rata refund of payments made hereunder based on the value of the rights promised hereunder but not delivered by County during the Term. County shall not be required to issue a refund of any portion of payments not actually made by Sponsor. SECTION 11. INDEMNIFICATION. (a) To the extent allowed by law, County shall indemnify, hold harmless, and defend Sponsor, Club, and each of Sponsor's and Club's parents, affiliates, partners, members, officers, directors, shareholders and subsidiaries, and all of the employees, agents, representatives, consultants, contractors, licensees, successors and assigns of any of the foregoing (with all of the foregoing referred to collectively herein as the "Sponsor Indemnified Parties"), from and against any and all claims, allegations, suits, proceedings, losses, damages, judgments, liabilities, costs, penalties, fines, charges or expenses of any kind and nature (including, without limitation, reasonable attorneys' fees and other costs and disbursements) arising out of, by reason of or relating to (i) County's breach of any of the agreements, representations and warranties of this Agreement, or (ii) any violation of law, code, ordinance, statute, rule, or regulation of any federal, state, or local government or municipality caused by County or its assistants, employees, agents, representatives, contractors, consultants, or licensees. County shall give Sponsor and the Club prompt notice of the assertion of any claim or the commencement of any action that may expose any of the Sponsor Indemnified Parties to liability, and the Sponsor Indemnified Parties shall have the right, at County's expense, to undertake the defense, compromise or settlement thereof, and County agrees to cooperate therewith. Should any Sponsor Indemnified Party not elect exercise such right, County shall defend such Sponsor Indemnified Party at the County's expense by counsel satisfactory to such Sponsor Indemnified Party, and the prior consent of such Sponsor Indemnified Party shall be required to the extent any settlement affects such Sponsor Indemnified Party. In the event County does not provide a defense as required hereunder, County shall, in addition to the above, 12 '-' ,...,,¡ pay the Sponsor Indemnified Parties the attorneys' and consultants' fees and all other legal expenses and costs incurred by the Sponsor Indemnified Parties in providing such defense, and County agrees to cooperate with the Sponsor Indemnified Parties in such defense, including, but not limited to, providing affidavits and testimony upon request of the Sponsor Indemnified Parties. (b) Sponsor shall indemnify, hold harmless, and defend County, Club, and Club's parents, affiliates, partners, members, officers, directors, shareholders and subsidiaries, and all of the employees, agents, representatives, consultants, contractors, licensees, successors and assigns of any of the foregoing (with all of the foregoing referred to collectively herein as the "County Indemnified Parties"), from and against any and all claims, allegations, suits, losses, damages, judgments, liabilities, costs, penalties, fines, charges or expenses of any kind and nature (including, without limitation, reasonable attorneys' fees and other costs and disbursements) arising out of, by reason of or relating to the Stadium Trademarks or any component or part thereof used in connection with this Agreement or the Advertising Agreement. Sponsor shall give County and the Club prompt notice of the assertion of any claim or the commencement of any action that may expose any of the County Indemnified Parties to liability, and the County Indemnified Parties shall have the right, at Sponsor's expense, to undertake the defense, compromise or settlement thereof, and Sponsor agrees to cooperate therewith. Should any County Indemnified Party not elect exercise such right, Sponsor shall defend such County Indemnified Party at Sponsor's expense by counsel satisfactory to such County Indemnified Party, and the prior consent of such County Indemnified Party shall be required to the extent any settlement affects such County Indemnified Party. In the event Sponsor does not provide a defense as required hereunder, Sponsor shall, in addition to the above, pay the County Indemnified Parties the attorneys' and consultants' fees and all other legal expenses and costs incurred by the County Indemnified Parties in providing such defense, and Sponsor agrees to cooperate with the County Indemnified Parties in such defense, including, but not limited to, providing affidavits and testimony upon request of the County Indemnified Parties. SECTION 12. INSURANCE. (a) Sponsor shall obtain and maintain throughout the Term of this Agreement, at Sponsor's own expense, Errors and Omissions, Advertising Injury, Commercial General Liability (including advertising liability coverage) and/or Media Liability insurance, written on an occurrence basis and with a limit of not less than $3,000,000 per occurrence, providing coverage for damages arising out of acts, errors, or omissions of Sponsor or any of the Sponsor Entities, including but not limited to libel/slander, harm to character, reputation or feelings, product disparagement, any infringement or dilution of trademark, service mark, copyright, or other intellectual property rights, any unfair competition, any invasion or infringement of, or interference with, the right of privacy or publicity, and any plagiarism, misstatement or misleading statement as a result of error or omission in advertisements, publications or communications, including without limitation as any of the foregoing may relate in any way to this Agreement, the Naming Rights, the Stadium Trademarks, or any other intellectual property, publication, advertising, or communication of or authorized by Sponsor or any of the Sponsor Entities. 13 \..-. ..."" (b) All insurance policies Sponsor is required to provide hereunder shall name County, Sterling Facility Services, L.L.C., Sterling Mets, L.P., and the other County Indemnified Parties as additional insureds. Not later than ten (10) days after execution of this Agreement, Sponsor shall deliver fully paid certificates of insurance to County and the Club showing that the insurance Sponsor is required to provide hereunder has been obtained and providing that such policy or. policies are cancelable only after thirty (30) days prior written notice to County and the Club. No changes in, or cancellation of, such policy or policies of insurance will be made without the prior written consent of County and the Club, which shall not be unreasonably withheld. Such insurance addressed above in this Section shall be without deductible or right of retention, and shall be primary to any insurance or self-insurance maintained by County or the Club. (c) The County agrees to procure and pay for and at all times during the term of this Agreement maintain fire and extended and "special form" coverage (including without limitation insurance from and against all losses, damages, claims and liabilities related to or arising from acts of terrorism) on all property, both real and personal, with replacement cost coverage limits of not less than the replacement cost of the Sports Complex and also covering loss of income. The County is self-insured for general liability with statutory limits of $100,000 per person/$200,000 per incident pursuant to Section 768.28, Florida Statutes, and waives and has waived sovereign immunity to that extent. The insurance policies referenced above in this paragraph shall further name Sponsor and Club as an additional insured and shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. SECTION 13. ENTIRE AGREEMENT; AMENDMENTS. This Agreement contains, and it is intended as, a complete statement of all of the terms and provisions of the arrangements and understandings between the parties hereto with respect to the matters provided for herein, and supersedes all prior agreements, understandings, representations, negotiations and discussions, whether oral or written, of the parties hereto with respect to those matters. No amendment, supplement or modification of this Agreement shall be binding unless executed in writing by the party to be bound thereby. SECTION 14. ASSIGNMENT. Sponsor may not assign this Agreement and may not assign or delegate any rights or obligations hereunder except with the prior written consent of County and the Club, in County's and the Club's sole and absolute discretion. Sponsor may pledge this Agreement as collateral for loans obtained by Sponsor. Sponsor shall give County and the Club prompt written notice of any sale of substantially all of the Sponsor's assets, any transfer of substantially all of the stock of Sponsor, any pledge of this Agreement by Sponsor as collateral to a bank lender, or any sale or merger of Sponsor's company or Sponsor's insolvency or declaration of bankruptcy. The terms and conditions of Section 1 (b) hereof prohibiting changes to the official designation of the name of the Stadium or the Sports Complex without the consent of County and the Club shall continue to be applicable notwithstanding anything stated in this Section or this Agreement, and the Stadium Name and the Complex Name shall not change except as provided in Section 1 (b) hereof. . Nothing in this Section shall be construed to limit the provisions of Section 6( c) of this Agreement, or shall apply or be construed to relieve Sponsor of its obligations to County or the Club hereunder. 14 '-' ...., SECTION 15. CONFIDENTlALITYINON-DISCLOSURE. The tenns and provisions of this Agreement shall remain strictly confidential and each party hereto shall not disclose the tenns and provisions of this Agreement to any other party, except (i) to the Parties' agents, employees, attorneys, accountants, financial advisers, lenders and representatives, and any bona fide prospective purchaser of Sponsor, (ii) to Club and its affiliates, agents, employees, attorneys, accountants, financial advisers, lenders and representatives, (iii) as required by the Requirements, (iv) as directed by a court of competent jurisdiction, (v) as required by law (including Sections 119.011 and 119.07, Fla. Stat. (2003)) after consultation with counsel, (vi) to the extent such tenns and provisions are a matter of public record, or (vi) in any litigation or arbitration between the Parties. SECTION 16. NOTICES. All notices, requests, consents and other communications required or pennitted under this Agreement shall be in writing (including facsimile communication but excluding e-mail) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service (with acknowledgment of receipt), telecommunicated (including by fax), or mailed by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO COUNTY: With a COpy to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 33482 Telephone: (772) 462-2130 Facsimile: (772) 462-1648 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 33482 Telephone: (772) 462-1420 Facsimile: (772) 462-1440 AS TO SPONSOR: With a copy to: Tradition Development Company, L.L.C. Attn: Pete Hegener, Vice President 1850 Fountainview Boulevard Port St. Lucie, Florida 34986 Telephone: (772) 340-3500 Facsimile: (772) 340-3356 Ruden, McClosky, Smith, Schuster & Russell, P.A. Attn: Barry E. Somerstein, Esq. 200 East Broward Boulevard Fort Lauderdale, Florida 33301 Telephone: (954) 527-2405 Facsimile: (954) 333-4005 AS TO CLUB: With a copy to: Sterling Facility Services, L.L.C. Attn: Paul Taglieri, Vice President 527 NW Peacock Boulevard Port St. Lucie, FL 34986 Telephone: (772) 871-2121 Facsimile: (772) 878-9802 Sterling Mets, L.P. Attn: David Howard, Executive Vice President Shea Stadium, 123-01 Roosevelt Avenue Flushing, New York 11368 Telephone: (718) 565-4309 Facsimile: (718) 446-1225 15 ~ ~ And with a CODY to: General Counsel Shea Stadium, 123-01 Roosevelt Avenue Flushing, New York 11368 Telephone: (718) 565-4397 Facsimile: (718) 335-8066 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by facsimile device, and (c) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. SECTION 17. THIRD PARTY BENEFICIARY. The Club is an intended and vested third party beneficiary of this Agreement, and as such shall be entitled to enforce ìts rights and Sponsor's or County's agreements, obligations, warranties and representations under this Agreement as if a party hereto. This Agreement may not be modified, supplemented, or amended, and no breach or provision of this Agreement may be waived, without the prior written consent of Sponsor and County and the Club in each instance if its interests may be adversely affected. SECTION 18. RELATIONSHIP OF THE PARTIES. This Agreement does not constitute a partnership agreement, nor does it create a joint venture or agency relationship between or among the Parties or the Club. Neither party shall be liable for the representations, acts, or omissions of the other party contrary to the terms of this Agreement. SECTION 19. WAIVERS. The failure of either party hereto at any time or times to require performance of any provision hereof shall in no manner be deemed to affect such party's right at a later time to enforce the same. No waiver by either party of the breach of any term contained in this Agreement, whether by conduct or otherwise, in anyone or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach or of the breach of any other term or provision of this Agreement. SECTION 20. REMEDIES CUMULATIVE. Except as expressly stated herein, all remedies provided in this Agreement shall be deemed cumulative, and the exercise of one shall not preclude the exercise of any other remedy for the same event or any other event. SECTION 21. SEVERABILITY. If any provision of this Agreement shall be held invalid or unenforceable, the remainder shall remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. SECTION 22. HEADINGS. The headings of the Sections contained in this Agreement are for purpose of reference only, are not part of this Agreement and are not to affect the construction of, or to be taken into consideration in interpreting, this Agreement. 16 - -- '-' ''''''; SECTION 23. COUNTERPARTS. This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original and both of which taken together shall constitute one and the same agreement. This Agreement may be executed and delivered via facsimile machine by the parties hereto, which shall be deemed for all purposes as an original. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. NEXT PAGE IS SIGNATURE PAGE.] 17 '-' - '...,.¡ IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on dates so indicated, as follows. ATTEST: DEPUTY CLERK STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date signed: , 2004 APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY DEVELOPMENT COMPANY, L.L.c. Date signed: , 0ept. J!1' , 2004 The foregoing instrument was acknowledged before me this _ day of 200_, by , as of Notary Public, State of Florida My Commission Expires: STATE OF FLORIDA COUNTY OF ST. LUCIE Personally known _ OR Produced Identification The foregoing instrument was acknowledged before me this /s--!1, day of () etJ}. , 200.!i, by rtt ¡,IJ "\J. ~çthey, as PY'(~J;dertf" of TRADITION DEVELOPMENT COMPAN , L.L.C., a Flonda lImIted lIabIlIty company. ~,,{l.V "úð OFACIAlNOTAAY SEAL ~ c:;. SHIRLEY e SMITH ~ J:~ ~ COMMISSI(W NUMBER ?~~~ 00015824 «'0 oq; MY COMMISSION EXPIRES F fL MAY 4.2005 Personally known /' OR Produced Identification 18 ~ ,. ...... ...., Namine: Rie:hts Ae:reement Exhibit A A Parcel of land lying in sections 23 and 26, Township 36 South, Range 39 East, St. Lucie County, Florida, particularly described as follows (the "Land"): Commence at the Northeast comer of Section 24, Township 36 South, Range 39 East; thence run North 89°44'41" West along the North line of said Section 24 a distance of 5282.95 feet to the Northwest comer of said Section 24; thence run Southeasterly along the arc of a curve, concave to the Northeast, with radius of 1273.24 feet, and central angle of 3 r40'04", and chord bearing of South 1 SO 49'29" East a distance of 703.73 feet to a point of tangency; thence run South 31°39'31" East a distance of 314.70 feet to a point of curvature; thence run Southeasterly along the arc of a curve, concave to the Southwest, with radius of 1096.22 feet and central angle of28°35'55" a distance of 547.17 feet to a point of tangency; thence run South 03°03'36" East a distance of 292.82 feet; thence run South 86°56'24" West a distance of 638.79 feet to a point of curvature; thence run Southwesterly, along the arc of a curve, concave to the Southeast, with radius of 2864.79 feet and central angle of 4T43'22" a distance of2386.14 feet; thence run South 50°46'58" East a distance of 60.00 feet to the point of beginning; thence run South 50°25'05" East a distance of 982.20 feet; thence run South 29°08'31" East a distance of 1077.84 feet; thence run South 03°20'05" East a distance of 1328.73 feet; thence run Westerly along the arc of a curve, concave to the Southwest with a radius of 3858.28 feet and Central angle of 1 T 44' 58" a distance of 1195.24 feet to a point of tangency; thence run South 81 °00'24" West a distance of 624.60 feet to a point of curvature; thence run Northwesterly along the arc of a curve, concave to the Northeast, with radius of 25.00 feet and Central angle of 90°00'00" a distance of 39.27 feet to a point of tangency; thence run North 08°59'36" West a distance of 770.72 feet to a point of curvature; thence run Northeasterly along the arc of a curve, concave to the Southeast, with radius of 2804.79 feet and central angle of 48°12'38" a distance of 2360.04 feet to the point of beginning. Containing 100.00 acres. County acknowledges that Sponsor and the Club are relying upon the County's legal description of the Land as set forth above, and agrees that such reliance is reasonable. 19 ~ "'" AGENDA REQUEST ITEM NO. 7 TO: SUBMITTED BY (DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: DATE: September 28, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] Board of County Commissioners Administration Bi-Weekly Committee Reports At the April 1 1, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: COMMITTEE Blueway Advisory Committee Chamber of Commerce Board of Directors Children's Services Council Cultural Affairs Council Friends of SLC Library Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: MEETING DATE As Needed Monthly 2nd Thursday 2nd Tuesday 2nd Thursday 2nd Wednesday 3rd Wednesday Quarterly 3rd Friday COMMISSIONER Barnes Lewis Lewis Barnes Bruhn Bruhn Bruhn/Coward Lewis Coward/H utchinson CONCURRENCE: [ ] APPROVED [ ] DENIED M OTHER: Reports Given Review and Approvals County Attorney: Management & Budget: Originating Dept:_ Other: Finance: (Check for Copy only, if applicable) Purchasing:_ Other: Effective: 5/96 / \y-- \..f "" AGENDA REQUEST ITEM NO. C2a DATE: September 28, 204 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Rock Road J"ail Expansion - Amendment No. I to Centex Rooney/Schenkel Schultz Contract BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Amendment No. I and authorize the Chairman to sign the Amendment. COMMISSION ACTION: CONCURRENCE: [)(I APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: a. J<£ Review and Approvals Asst. Co. Adm.-Wazny: Purchasing: Originating Dept. Cen. Svcs. Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff.5/96 '-' .....,¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-1309 DATE: September 21, 2004 SUBJECT: Rock Road Jail Exþansion - Amendment No. I to Centex Rooney/Schenkel Schultz Contract ************************************************************************** BACKGROUND: On April 27, 2004, the County entered into an Agreement to design and construct the Rock Road Jail Expansion project. Attached to this memorandum is a copy of draft Amendment No. I dated September 13, 2004 which amendment outlines the procedures for the County to directly purchase materials needed for the project. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Amendment No. I and authorize the Chairman to sign the Amendment. Respectfully submitted, DSM/ caf Attachment ~ "'wI AMENDMENT NO. 1 SEPTEMBER 13, 2004 This Contract Amendment is annexed to and expressly made a part of the DESIGN- BUILD AGREEMENT (#C04-04-323) dated April 27,2004, by and between ST. LUCIE COUNTY ("COUNTY") and CENTEX ROONEY / SCHENKEL SHULTZ DESIGN/BUILDERS, L.C. ("DESIGN-BUILDER") to establish the procedures for Owner Direct Material Purchases for the Project known as ROCK ROAD JAIL EXPANSION ("Project") as set forth below; ARTICLE Owner Direct Material Purchase The DESIGN-BUILDER has received a "Technical Assistance Advisement" dated September 3, 1999 from the Florida Department of Revenue based on "Sales Tax Exempt Purchasing Procedures for Public Projects ("the Procedures"). The terms of the Procedures (as revised on January 24, 1997) will be controlling as to Owner Direct Material Purchases made on the PROJECT. If the Florida Department of Revenue assesses any sales tax penalties and/or interest against DESIGN-BUILDER or any of its Subcontractors or Material Suppliers relating to the direct purchase of materials and/or equipment by COUNTY as authorized by this paragraph, such taxes, penalties, interest and/or any legal and administrative fees expended by DESIGN-BUILDER as a direct result of any action or assessment made by the Florida Department of Revenue, shall be reimbursed by COUNTY to DESIGN- BUILDER in a prompt and reasonable manner and shall not be considered a Project Cost. The Owner Direct Material Purchases made on the PROJECT will be in accordance with the Technical Assistance Advisement, dated September 3, 1999, and the Sales Tax Exempt Purchasing Procedures for Public Projects (as revised on January 24, 1994) attached to this Amendment and Marked Exhibits A and Exhibit B as follows: Exhibit A Florida Department of Revenue Technical Assistance Advisement, dated September 3, 1999. Exhibit B Sales Tax Exempt Purchasing Procedures for Public Projects (as revised on January 24, 1997). Page 1 of 2 '-' """ ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN COUNTY AND DESIGN-BUILDER REMAIN UNCHANGED IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT. ATTEST: BOARD OF COUNTY OMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY ATTEST: DESIGN-BUILDER: WITNESS BY: (SEAL) Authorized Corporate Officer or Individual (Sign Before a Notary Public) J. Michael Wood (Printed name of signer) WITNESS ManaQer (Printed title of signer) 8529 Southpark Circle, Suite 200 Orlando, FL 32819 (Business Address of Contractor) 407-226-9819 (Phone number of signer) Page 2 of 2 V?/lv/¿VV'I I:J,¿V rill!. + ORLANDO OFFICE ~ 008/037 '-' - ~"~ DEPARTMENT OF REVENUE L H. Fuchs Executive Director EXHIBIT "A" '-J '. . General Tax Adminislfatjon Child Support Enforcement Property Tax Administration Administrative Services Information Services September 3, 1999 Cynthia Spurgeon, Project Cost Accountant Centex Rooney Construction Company 8529 South Park Circle - Suire 200 Orlando, Florida 32819 Re: Technical Assistance Advisement (99A-044) Public Works Contract Exempt Purchasing Procedures Sales and Use Tax - Public Works Contracts Section 212.08(6)~ F.S. Rules 12A-1.001(9), 12A-l.094, F.A.C. Dear Ms. Spurgeon: This is in response to your letter to the Florida Depamnent of Revenue dated July 6, 1999, in which you asked for a technical assistance advisement indicating that the procedures proposed in your letter would provide for tax exempt purchases. Facts Centex-Rooney Construction Company, Inc. ("Taxpayer") is a construction company that frequently enters into contracts to act as prime contractor or construction manager on projects for govenunental entities. Taxpayer developed Sales Tax. Exempt Purchasing Procedures for Public Projects (the "Procedures") intended to permit governmental entities to enjoy sales tax saVÙJ.gs by purchasing constructipn materials for their projects directly from suppliers. On February 4, 1997, Taxpayer submitted the Procedures (as revised on January 24, 1997) to the Department and requested a letter of technical assistance indicating the procedures would provide for tax exempt purchases. On February 18, 1997, a favorable letter oftecbnical assistance was issued. Since that time, Taxpayer has required each govemrnental entity with which it contracts with to obtain a technical assistance advisement from the Department befer-e agreeing to enter into a tax exempt direct purchasing program. 'In each case, the Procedures were incorporated into the contract between Taxpayer and the governmental entity, and the tenns of the Procedures have been controlling as to purchases made on a tax exempt basis. Taxpayer also requires governmental entities to indemnify Taxpayer if the Department determines that any purchases treated as tax exempt by the parties failed to meet the criteria for exemption. Each of the technical assistance advisements issued to date 011 Taxpayer's contra.cts has been specific to a particular public works project and has been issued to the governmental entity Tallahassee, Florida 32399-0100 U::1./I;J/;¿UU'I l~::n !-AX + ORLANDO OFFICE I4J 010/037 '-" ....I Page 2 involved. Some goveJ;I1mental entities have submitted multiple technical assistance advisement requests, even though there was no change in the material tenns of the contracts between the parties, and the Procedures governed the direct purchasing program in each case. Taxpayer is requesting a technical assistance advisement be issued to Taxpayer on the Procedures. 'This will avoid the necessity of requiring governmental entities to obtain separate technical assistance advisements on a project-by-project basis for contract terms and procedures identical in all material ways to those that have already been considered by the Department. The Procedures contain the following provisions: 1. A governmental entity may elect to purchase materials and equipment included in a subcontractors bid directly from the supplier. Such items are referred to as "OwnerlPublic Entity-PUIChased Materials," and the govermnental entity will hold full title to all slIch materials. 2. Subcontractors will select the suppliers from whom materials will be purchased and will submit a list of materials and suppliers with their bids for consideration as OwnerlPublic Entity-Purchased Materials. The cost of the materials and applicable sales tax will be included in the bids. If a pUblic entity elects to purchase any materials directly, the subcontract amount will be reduced by the cost of, and sales tax related to, those materials. 3. Subcontractors will furnish Taxpayer with detailed Pw:chase Order Requisition Fonns CC'RequisitionsD) for all Owner/Public Entity-Purchased Materials. 4. Upon receipt of a Requisition, the governmental entity will review the Requisition and, if approved, issue its own purchase order directly to the supplier, with delivery to be F.O.B. job site. The purchase order must contain or be accompanied by the governmental entity's consumer's certificate of exemption and must include the governmental entity's exemption nwnber, issue date, and expintion date. 5. Although the governmental entity will take title to Owner/Public Entity-Purchased Materials upon delivery to the job site, subcontractors will be obligated to inspect, accept delivery of, and store the materials pending incorporation into the project and will remain liable for their negligence in meeting any of those obligations. 6. After verifying that delivery is in accordance with the purchase order, subcontractors mll forward approved invoices to Taxpayer, who will deliver them to the governmental entity. The governmental entity will process the invoices and issue payment directly to the suppliers. 7. The governmental entity is required to purchase and maintain builder's risk insurance sufficient to cover the value of any Owner/Public Entity-Purchased Materials from the time the governmental entity takes title through the time the materials are incorporated into the project. Vö{ Id{¿VVC¡ 1:J:~1 !-AX '-' ~ ORLANDO OFFICE 141 011/037 'wi Page 3 As we discussed on the telephone, in some cases the underlying contract may provide that the governmental entity purchases the builder's risk insurance by reimbursing Taxpayer for the premiums Taxpayer pays to cover a project rather than by dealing directly with the insurer. In such cases, the governmental entity must be named as an additional insured party and receive any proceeds ofinsw-ance related to OwnerlPublic Entity-Purchased Materials. It must also be noted that this advisement is based on an assumption that the Procedures are the controUing tenns of the agreement between Taxpayer and a governmental entity. In any case in which review of the contract documents as a whole reveals other tenns that are inconsistent in any material respect with the tenns of the Procedures and that supersede them, this advisement shall not apply. Law Sales to governmental units are exempt from sales tax pursuant to section 212.08(6), F.S., which provides: There are also exempt from the tax imposed by this chapter sales made to the United States Government, a state, or any county, municipality, or political subdi~ision of a state when payment is made directly to the dealer by the governmental entity. . . . This exemption does not include sales of tangible personal property made to contractors employed either directly or as agents of any such government or political subdivision thereof when such tangible personal property goes into or becomes a part of public works owned by such govermnent or political subdivision. A detennination whether a particular transaction is properly characterized as an exempt sale to a government entity or a taxable sale to a contractor shall be based on the substance of the transaction rather than the form in which the transaction is cast The department shall adopt rules that give special consideration to factors that govern the status of the tangible personal property befgre its affixation to real property. In developing these rules, assumption of the risk of damage or loss is of paramount consideration in the detennination. . . . Rule 12A-1.001(9), F.AC., entitled "Governmental Units," contains guidelines for claúning and documenting the exemption. Governmental entities must obtain a consumer's certificate of exemption :6:-om the Department. Vendors are required to obtain proper documentation of the exempt status of the sale for their records. By its terms, section 212.08(6), F.S.. exempts only direct purchases by governmental entities. The exemption does not apply when a contractor, employed by the governmental entity, purchases tangible personal property which is to be incorporated into public works owned by the entity. Administrative guidelines governing the taxability of materials purchased for public works contracts. such as the contract involved in the instant case, are contained in Rule 12A-l.094, F.A.C., which provides: V'!f lðf¿VU'I I::I:;¿ I rllX '-' + ORLANDO OFFICE III 012/037 -...I Page 4 (1) This rule shall govern the taxabiIity of transactions in which contractors manufacture or purchase supplies and materials for use in public works, . . . . (2) The purchase or manufacture of supplies or materials by the contractor for incorporation into a public works project is taxable to the contractor since he is the ultimate conswner. . . . (3)(a) The purchase or manufacture of tangible personal property for resale to a governmental body is exempt :trom tax provided this exemption shall not mclude sales of tangible personal property made to contractors employed either directly or as agents of the United States Government, a state, or any county, municipality, or political subdivision of a ,c¡œ,te when such tangible pemonal property goes into or becomes a part of public works financed or owned by such governmental bodies or political subdivisions. (b) With regard to Contxacts with government entities, the exemption in subsection (3)(a) is appropriate only where the levy would otherwise fall on the government itsel~ or on an agency or instrumentality so closely connected with that government that the two cannot realistically be viewed as separate entities, at least insofar as the activity being taxed is concerned. A finding of exempt status, however, requires something more than the implication of traditional agency notions, so that to resist a state's taxing power, a private taxpayer must actually stand in the government's shoes as a principal, rather than as a contractor employed either directly or as the govermnent's agent. A contractor ~11 not be deemed to actlL11.ly stand in the government's shoes if the contractor has a substantial independent role in making purchases. Accordingly, the fact that title passes directly to the government and payment is made with government funds, in and of itself: cannot characterize the tnmsaction as an exempt purchase if the purchasing entity, in its role as a purchaser, is sufficiently distinct from the government. (4) The exemption in subsection (3)(a) is a general exemption for sales made to the government. . . . A determination of whether a particular tI3IlSaction is properly characterized as an exempt sale to a government entity or a taxable sale to a contractor shall be based on the substance of the transaction, rather than the fonn in which the transaction is cast. The Executive Director . . . will determine whether the substance of a particular transaction is governed by subsection (2)(a) or is a sale to a governmental body as provided by subsection (3) of this role based on all of the facts and circumstances surrounding the transaction as a whole. The Executive Director. . . will give special consideration to factors which govern the status of the tangible personal property prior to its affixation to real property. Such factors include provisions which govern bidding, indemnification, inspection, acceptance, delivery, payment, storage, and assumption of the risk of damage or loss for the tangible personal property prior to its affixation to real property. Assumption of the Vù{ I.:I{¿VV'I I~:;¿ I t-IIX -t ORLANDO OFFICE 141 013/037 '-' .....1 Page 5 , risk of damage or loss is a paramount consideration. A party may be deemed to have assumed the risk of loss if the party either: bears the econonUc burden of posting a bond or obtaining insurance covering damage or loss; or enjoys the economic benefit of the proceeds of such bond or insurance. Other factors that may be considered by the Executive Director . . . include whether: the contractor is authorized to make purchases in its own name; the contractor is jointly or severally liable to the vendor for payment: purchases are not subject to prior approval by the government; vendors are not ÍIÛonned that thegovemment is the only party with an independent interest Ù1 rhe purchase; and whether the contractors are fonnally denominated as purchasing agents for the government. Sales made pursuant to so called lIcost-plus", "fixed-fee", "lump sumll, and "guaranteed price" contracts are taxable sales to the contractor unless it can be demonstrated to the satisfaction of the Executive Director. . . that such sales are, in substance, tax exempt sales to the government. (5) Contractors who manufacture materials for incorporation into public works shall be liable for tax in the manner provided in Rule 12A-1.051(5) or (6), FAC.... Discussion, Analysis and Conclusion Rule 12A-1.001(9), F.A.C., states that in order for a sale to a state or local governmental entity to be tax exempt, Mpayment must be made directly to the dealer by . . . the political subdivision of a state. II Rule 12A-1.094(2) and (3), F.A.C., state that the purchase of materials for publiç works contracts is taxable to the contractor as the ultimate consumer where the contractor is deemed to be the purchaser. If the purchaser of the materials is the governmental entity, however, the transaction is exempt. For there to be an exempt transaction, the governmental entity must directly purchase, hold title to, and assume the risk of loss of the tangible personal property prior to its incorporation into realty, and satisfy various factors contained in Rule 12A-l.094, F.AC. Under Rule 12A-l.094, F.A.C., the Department will also give special consideration to several factOtS (bidding, indemnification, inspection, acceptance, delivery, payment, and storage) which govern the status of tangible personal property prior to its affixation to real property when detemrining whether the sale is to the tax exempt entity or to a contractor. However, the assumption of risk of damage or loss during the time that the building materials are physically stored at the job site prior to their installation Or incotpo~tion into the project is a paramount consideration. The govemmental entity must assume all risk of loss or damage for the tangible personal property during that period. To establish that it has assumed that risk, the governmental entity should purchase, or be the insured party under, insurance on the building materials. To summarize, the conditions that must be met to satisfy the requirements of Rule 12A-l.094, F.A.C., and establish that the governmental entity rather than the contractor is the purchaser of materials, include: V';J' I'" ¿IJIJ'I I:):;¿ I 1"111\ -+ ORLANDO OFFICE 141 014/037 '-' ...I Page 6 1. The gov~ental entitY must execute the purchase orders for the tangible personal property involved in the contract. which must include the governmental entitis consumer's certificate of exemption number. The contractor may present the governmental entity's purchase orders to the vendors of the tangible personal property; 2. The governmental entity must acquire title to and assume liability for the tangible personal property at the point in time when it is delivered to the job site up until the time it is incorporated as real property; 3. Vendors must directly invoice the governmental entity for the tangible personal property; and 4. The governmental entity must directly pay the vendors for the tangible personal property; 5. The governmental entity must assume all risk of loss or damage for the tangible personal property Î11volved in the contract, as indicated by the entity's acquisition ot: or inclusion as the insured party under, insurance on the building materials. The Procedures appear to satisfY the foregoing requirements for exemption of transactions as sales to a governmental entity. A govermnental entity will make direct purchases of various construction materials. After receiving requisition forms from the subcontractors, the governmental entity Will prepare purchase orders for direct purchases. After receiving the approved invoices :trom the contractors, the governmental entity will pay the vendors directly. The governmental entity will retain legal, and equitable, title to all materials it purchases and will. be responsible for paying for builder's risk insurance on those materials. The governmental entity will receive any insurance proceeds related to the loss or destrnction of those materials. Based upon the conclusion that the governmental entity is the purchaser, all purchases of materials made in accordance with the Procedures will be exempt from sales tax. AJ:. required by the Proced1.1reS, a properly completed exemption certificate must be extended at the time of purchase to each of the vendo~. A suggested format for an exemption certificate is provided in Rule 12A-l ,039, F.A.C., a copy ofwbich is enclosed. Please note that this response does not apply to a contractor that manufactures or fabricates its own materials as specified in Rule 12A-1.094(S), F.A.C. Under the rule, the contractor and subcontractors, not the government entity, are deemed to be the ultimate consumers of the articles of tangible personal property they manufacture or fabricate to perform their contracts. & such, the contractor and subcontractors are subject to use tax on the full cost of the manufactured or fabricated articles as detailed in Rule 12A-l.051(S). F.A.C. 'This response constitutes a Technical Assistance Advisement under section 213.22, F.S., which is binding on the Department only under the facts and circumstances described in the request for this advice, as specified in section 213.22, F.S. Our response is predicated on those facts and the specific situ.a1ion summarized above. You are advised that subsequent :statutory or adnrinistra.tive --- 'J{ I"{¿VVC¡ I::>: £ I -/lX -+ ORLANDO OFFICE 14i015/037 '-' ....., Page 7 rule changes, or judici~ interpretations of the statutes or rules upon wlùch this advice is based, may subject similar future 1I'ansactions to a different treatment than expressed in this response. You are further advised that this response, your request and related backup documents are public records under Chapter 119, F.S., and are subject to disclosure to me public under the conditions of section 213.22, F.S. Confidential information must be deleted before public disclosure. .In an effort to protect confidentiality, we request you provid~ the undersigned with an edited copy of your request for Technical Assistance Advisement, the backup material and this response, deleting names, addresses and any other details which might lead to identification of the taxpayer. Your response should be received by the Depattment within 15 days of the date of this letter. Sincerely, ~cJl~ Linda W. Bridges Tax Law Specialist Technical Assistance and Dispute Resolution (850) 922-9412 LWBI Enclosure,: Rule 12A-1.039 Control #: 37968 Vtl/I;j/¿VV/I l~:¿¿ !-AX '-' EXHIBIT "B" + ORLANDO OFFICE ...J III 018/037 SALES TAX EXEMPT PURCHASING PROCEDURES FOR PUBLIC PROJECTS 1. The Subcornractor has included Florida StAte Sales and other applicable taxes in his bid for material, supplies and equipment. The OwnerlPublic Entity, being exempt from sales tax, reserves the right to make direct purchases of various construction equipment, materials or supplies included in the Subcontractor's bid and/or contract, substantially in accordance witb the form of Purchase Order attached herewith. Any equipment, materials or supplies directly purchased by the Owner/Public Entity that are induded in the SubconU'actor's contract shall be referred to as OwnerIPublic Entity-Purchased Materiats and the responsibilities of both 0.. nerlPublic Entity and Subcontractor relating to such Owner/Public Entity-Purchased Materia.ls shall he governed by the terms and conditions of these procedures. 2. Material suppliers shall be selected by the Subcontractor a.warded the subcontract. The Subcontractor has included the price for all constructi )Q materials plus applicable taxes in his bid. Owner/Public Entity Purchasing of construction materials, if seJected, will be administered on a deductive Change Order basis, the Subcontract amount shall be reduced by the net undiscoumed amount of these Purchase Orders. plus all sales tax. .). Subcontractor shall provide Construction Manager a list of all intended suppliers, vendors, and materialmen for conside~ation as Owner/Public Entity-Purchased materials. This list shall be submitted at the same time as the preliminary schedule of values and the Project CPM schedule. The Subcontractor shall submit a description of the materials to be supplied, estimated quantities and prices. 4. Upon request from Construction Manager, and in a timely manner, Subcontractor shall prepare a standard Purchase Order Requisition Form in a fonn acceptable to the OwnerIPublic Entity and the Construction Manager, to specifically identify the ma.terials which Owner/Public Entity has , at its sole option, elected to purchase directly. Tbe Purchase Order Requisition Form shall include: a... The name, address, telephone number and contact person for the materia.] supplier b. manufacturer or brand, model or specification number of the item c. quantity needed as esrimated by Subcontractor d, The price quoted by the supplier for the materials identified therein e. any sales tax associated with such quote f. delivery dates as established by SubcDntractor Subcontractor shall include reference to any terms and conditions which have been negotiaæd with the vendors; i.e., payment terms, warranties, retainage, etc. Such Purchase Order Requisition Forms are to be submitted to Owner/Public Entity's designated representative no less than seven (7) days prior to the need for orderi.cg such Owner/Public Entity-Purchased Materials, in order to provide sufficient time for OwnerIPublic Entity review and approval CUld to assure that such Directly Purcha5ed Materials may be directly purchased by Owner/Public Entity and delivered to the Project site so as to avoid any delay to the Project. PAGE 1 OF 4 Rel'ised () 11-¿-I/()7 V::J/I<:II¿VV'I I~:¿¿ -AX ~ ORI ANOO OFFICE ~017/037 '" "'" 5 After receipt of the Purchase Order Requisition Form, Owner/Public Entity shall prepare its Purchase Orders for equipment.. materials or supplies which the o'WI1erfPublic entity chooses to purchase directly. Pursuant to the Purchase Order, the vendor will provide the required quantities of material at the price established in the vendor's quote to the Subcontractor, less any sales tax associated with such price. Promptly upon receipt of each Purchase Order, Subcontractor shall verify the terms and conditioo.s of the Purchase Order prior to its issuance to supplier and in a manner to assure proper and timely delivery of items. Owner/Public Entity's Purchasing Director òr his designated representative shall be the approving authority for the Owner/Public Entity on Purchase Orders in conjunction with OwnerIPublic Entity-Purchased materials. The Purchase Order shall require that the supplier provide the required shipping and handling insurance. The Purcl1a.se Order shall also require the delivery of the OwnerIPublic Entity-Purchased Materials on the delìvery dated provided by the SubcontractOr in the Purchase Order Requisition Form and sha.ll indicate F.O.B. jobsite. The Owner/Public Entity's Purchase Oroers shall cont.a..i.n or be a~companied by the OwnerlPublic Entity's exemption certificate and must inc1ud-: the Owner/Public Entity's name, address, and exemption number with issue and ex.piration date shown. 6. In conjunction witb the execution of the Purchase Orders by the suppliers, the Subcoruractor shall execute and deliver to the Owner/Public Entity, through the Construction Manager, one or more deductive Change Orders, referencing the rhll value of all OwnerIPublic Entity-Purchased materials to be provided by each supplier frotn whom the Owner elected to purchase material directly, plus all sales tax savings associated with such materials in Subcontractor's bid to Construction M?'1ager. 7. All shop drawings and submittals shall be made by the Subcontractor in accorda.nce with the Project Specifications. 8. Subcon'tractor shall be fully responsible for all matters relating to the receipt of materials furnished by OwnerIPublic Entity in accordance with these Procedures, including, but not limited to, verifying con-ect quantities, verifying do~umentatioD of orders in a timely manner, coordinating purchases, providing and obtaining ail warranties and guarantees required by the Contract Documents, inspection and acceptance of the goods at the time of delivery, and loss or damage to equipment and materials following acceptance of items by the OwnerIPublic Entity due to the negligence of the Subcontractor. The Subcontractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Subcontractor for the particular materials furnished. The Subcontractor shal1 provide all services required for the unloading, handling and storage of materials through im;tallatÏon. The Subcontractor agrees to indemnify and hold harmless the OwnerIPublic Entity from any and all claims of whatever nature resulting from non-payment of goods to suppliers arising from the actions or directions of Subcontractor. 9. k Owner/Public Entity-Purchased Materials are delivered to the jobsite, the Subcontractor and the Constt1JctÌoo Manager, as Owner/Public Entity's Representative, shall visually inspect a.1I shipments from the suppliers, and approve the vendor's invoice for material delivered. The Subcontractor shall assure that each delivery of OwnerIPublic Entity-Purchased Material is accompanied by documentatiOD adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier conforming to the Purchase Order, together with such additional information as the Owner/Public Entity or COllStruction Manager may require. The Construction Manager, as Owner's Representative, PAGE 2 OF 4 R,',·;\·('I/ ! /'}.1/f)~ U~fl~fL004 '~:22 FAX + ORLANDO OFFICE III 018/037 ~ '-' shall verify in writing to the OwnerlPublic Entity the accuracy of the delivery ticket. The Subcomractor will then forward the invoice to the Owner/Public Entity through the CDnstruction Manager for payment. The invoice shall be thereupon furnished to the OwnerlPublic Entity for processing and payment in the manner as all other Owner/Public Entity ÌDvoices are processed. The Owner/Public Entity shall have the right to assign Owner/Public Entity personnel to verify and audit the accuracy of all Direct Purchase documects. 10. The Subcontractor shall insure that O'\\'I1erlPublic Entity-Purchase materials conform to the SpecifiC4tioDs. and determine prior to incorporation into the Work if such materials are patently defective, and whether such materials are identical to the materials ordered and match the description on the bilI of lading. If the Subcontractor discovers defective or nonconformity's in the Owner/Public Entity-Purchased Material upon such visual inspect:ion, the Subcontractor shall nm utilize such nODcolúorming or defective materials in the Work and instea.d shall promptly notify the Vendor of the defectivt" or nOn conforming condition in order to pursue repair Or replacement of those materials without any undue delay Or interruption to the Project. Additionally the Subc'''..¡ractor shall notify the Owner/Public Entity, through the Construction Manager, of such occurrence. If the Subcontractor fails to perform such inspection and othern'Ìse incorporates Owner/PuUic Entity-Purchased materials, the condition of which it either knew or should have known: 'y performance of an inspection, Subcontractor shall be responsible for aU damages to OwnerlPublic Entity resulting from Subcontractor's incorporation of such materials into the Project, including liquidated or delay damages. In the event that materials furnished ar~ found to be defective ornonconfonning, the Subcontractor shall promptly take action to' remedy the defect or nonconformance so as nat to delay the work. 11. The SubcontractOr shall maintain records of all OwnerIPublic Entity-Purchased Materials it incorporates into the Work from the stock of Owner/Public Entity-Purchased Materia.ls in its possession. The SubconTractor shall account monthly to the OwnerIPublic Entity, through the Construction Manager, for any Owner/Public Entity-Purchased materials delivered into the Subcontractor's possession, including portions of a.ll suc.h materials which have been incorporated into the Work. 12. The Subcontractor shall be responsible for obmining and managing all warranties and guaJ"a.nte~ for all materials and products as required by the Contract Documents. All repairs. maintenance or damage repair calls sball be forwarded to the Subcontractor for resolution with the appropriate supplier or vendor. 13. Notwithstanding the transfer of OwnerIPublic Entity-Purchased ma.terials by the OwnerlPublic Entity to the Subcontractor's possession, the OwnerlPublic Entity shall retain title to any and a.IJ Owner/Public Entity-Purchased materials. 14, The transfer of possession of Owner/Public Entity-Purchased Materials from the OwnerlPublic Emity to the Subcontractor shall constitute a bailment for mutual benetìt of the OwnerlPublic Entity and the Subcontractor. The OwnerlPublic Entity shaU be considered the bailor and the Subcontractor the bailee of the Owner/Public Entity-Purchased materials. Owner/Public Entity-Purchased Materials shall be considered returned to the Owner/Public Entity for purposes of its bailment at such time as they are incoI1JOrated intO the Project or consumed in the process of completing the Project. Baile~ shall have the duty to safeguard, store and protect all Owner/Public Entity-Purchased Materials. PAGE 3 OF 4 r.> ".". ,.1 , '''I f 'n- V::I/I;;1/ZVUII l~:a t-AX + ORLANDO OFFICE It! 0 18/037 '-' ~ 15. The Owner/Public Entity shall purchase a.nd maintain insurance pursuant to the requirements set forth in the Owner/Public Entity and ConstructIOn Manager Agreement which shall be sufficient to protect against any loss of or damage to OwnerlPublic Entity-Purchased equipment, materials or supplies. Such insurance shall cover the full value of any OwnerlPublic Entity-Purchased Materials nO! yet incorporated into the ProjeCt from the time the Owner flISt takes title. 16 The O'WDer/Public Emiry shall in no way be liable for interruption or delay in the Project, for any defectS or other problems with the Project, or for any extra costs or time resulting from delay in the delivery of, or defects in. Owner/PubJic Entity-Purchased Materials. 17. On a monthly basis, Subcontractor shall be required to review invoices submitted by all suppliers of OwnerIPublic EDtiry-Purchased Materials delivered to the Project site during that month and either CODcur or obj~ct to the OwnerlPublic Entity's issuance of payment to the suppliers, based upon Subcontractors records of materials delivered to the site and any defects in such materials. 18. In order tD arrange for the prompt payment to the supplier, the Subcontractor shall provide to the Owner/Public Entity, through the Construction Manager, a list indicating the acceptance of the goods or materials in accordance with the e.strblished monthly Payment Request Schedule. The list shall iDclude a copy of the applicable Purchase Order, invoices, delivery tickets, written acceptance of the delivered items, and such other documentation as may be reasonably required by the OwnerfPublic Entity. Upon receipt and verification of the appropriate documentAtion, the Owner/Public Entity shall prepare a check drawn to the supplier based upon the receipt of data provided. This check will be released, delivered and remitted directly to the supplier. The Subcontractor agrees to assists the OwnerIPublic Entity to immediately obtain partial or fmal release of lien waivers a.s appropriate. 19. At the end of the Project, any refund for surplus materials returned to suppliers plus applicable sales tax savings amount shall be credited with aD additive Change Order to the Subcontractor's agreement with the Construction Manager. Salvage materials shaU be the property of the Owner/Public E~tity and stored or removed from the site by the Subcontractor at the OwnerlPublic Entity's direction. PAGE 4 OF 4 Revised 1/24/9 í ~ "-' ....J AGENDA REQUEST ITEM NO. C2B DATE: September 28,2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 04-278 - Improvements to South 25th Street BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 04- 278 as drafted. COMMISSION ACTION: CONCURRENCE: County Attorney: ~/ Review and Approvals IX] APPROVED [ ] DENIED [ ] OTHER: Approved (5-0) Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ,. '-' "wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-1305 DATE: September 20, 2004 SUBJECT: Resolution No. 04- 278 - Improvements to South 25th Street ************************************************************************** BACKGROUND: The Board has previously authorized the design, permitting and construction of improvements to South 25th Street (the "Project") and contracted with Inwood Consulting Engineers to design and permit the Project. The construction plans have been completed by Inwood and reviewed and approved by the County Engineer. Attached is draft Resolution No. 04-278 which authorizes the County Engineer or his designee to explain the plans for the Project and to testify about controlling standard design criteria that conflict with the plans for the Project. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 04-278 as drafted. DSM/ caf Attach ment · ~ "" RESOLUTION NO. 04-278 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board has authorized the design, permitting and construction of certain improvements to South25thStreet (the "Project"). 2. The County contracted with Inwood Consulting Engineers ("Inwood") to design and permit the Project. 3. Inwood has completed the construction plans for the Project and those plans have been reviewed and approved by the St. Lucie County Engineer. 4. It is necessary and appropriate to authorize the County Engineer or his designee to explain the plans for the Project and to testify about controlling standard design criteria that conflict with the Project plans. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, St. Lucie County, Florida: 1. The County Engineer or his designee is authorized to bind the County, and is further authorized to explain the plans for the Project and to testify about controlling standard design criteria that conflict with the plans for the Project. 2. This Resolution shall take effect upon adoption. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes xx XX XX XX XX PASSED AND DULY ADOPTED this XX day of XX, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST :..;.;-- '...I ITEM NO._C2c_ DA TE: Sept. 28. 2004 .....,¡ AGENDA REQUEST ITEM NO._C2c_ DATE: Sept. 28. 2004 REGULAR [] PUBLIC HEARING Leg.l1 Quasi-JD l1 CONSENT P<] " // PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS Daniel S. McIntyre County Attorney SUBMITTED BY (DEPT.): County Attorney SUBJECT: Lennard Road Project MSBU Contract for Sale and Purchase Mr. & Mrs. Roman Swiezy Mr. & Mrs. Stan Swiezy BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board reject the counter offer and authorize staff to send a 30 day notice letter. COMMISSION ACTION: CONCURRENCE: [)Q APPROVED [ ) OTHER [ ) DENIED Approved 5-0 [x] County Attorney,~ Review and Approvals [ ] Road and Bridge: [ ] Public Works: [ ]Originating Dept: [ ] Engineering: [ ]Purchasing: ......,¡ PROPERTY ACQUISITION DMSION MEMORANDUM TO: Board of County Commissioners fROM: Daniel McIntyre, County Attorney DATE: September 28, 2004 SUBJECT: Lennard Road MSBU Contract for Sale and Purchase Mr. & Mrs. Roman Swiezy Mr. & Mrs. Stan Swiezy BACKGROUND: The Board of County Commissioners has approve~ the North Lennard Road, MSBU Project. The Lennard Road corridor has been long recognized as a key part of a larger transportation program designed to provide capacity/circulatory and relief to U.S. #1. The location of this corridor is to the western edge of the Savanna State Preserve using certain existing public right-of-ways in the area. By staying to the west edges of the State lands the County has been able to keep environmental impacts to the absolute minimum necessary to construct this roadway. A contract was sent to Mr. & Mrs. Roman Swiezy for $31,000.00. The contract price included funds to purchase and install a fence along their property line that abuts the extension of Prima Vista Blvd., compensation for relocating their driveway and damages. Also included in the contract was a Ten (10) foot permanent slope easement to install, maintain the road right of way of Prima Vista Blvd. Mr. & Mrs. Roman Swiezy rejected the County's offer and counter offered $81,000.00, which is much greater than the appraised value for the .247 acres of property needed and the items Mr. & Mrs. Swiezy asked to have included in the contract. St. Lucie County also offered to purchase Mr. & Mrs. Stan Swiezy property that was needed for the Lennard Road Project. This small parcel was .005 acres (211sq. ft) and appraiser by Mr. Daniel Deighan for a value of $200.00, which the County offered the seller. Mr. & Mrs. Stan Swiezy rejected the County's offer and counter-offered at $19,200.00. RECOMMENDATION/CONCLUSION: Staff recommends the Board reject these counteroffers and authorize staff to send a 30day letter. -' . '-" ......, PROJECT NAME: Lennard Road MSBU PROPERTY OWNER: Roman A. And Catherine E. Swiezy PARCEL: Tax ID # 3414-501-0707-250/1 Parcel 10 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2004, between ROMAN A. and CATHERINE E. SWIEZY. his wife whose mailing address is 801 Tilton Road Port St. Lucie, Florida 34052-6378 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" and MA_1" as well as a Ten (10) foot Permanent Slope Easement to install, maintain, operate, upgrade, replace, and renew, from time to time, back slopes upon, along, over, and across the right-of- way of Prima Vista Blvd. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is T-hirtr Olll~ TI,uu::,uIIJ uCld OO/lOODollars £/~ ¡,¡,+- 0 ( e.. ,t-w ...-:;..~ determined to be the total of the following: ~. .I 81 foe ,f) 1 j J $3J.,QOOOffJ¡t t2/J ~ Real Property (Land) Other (Fence, installation, driveway relocation, damages) 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. This is page ...L of 16 pages of this agreement. Sellers hereby initial this page a~~owld. ging th. ey understand the contents. ~ ÛL . · ."' '-' """ 2. DECORATIVE FENCE: LANDSCAPING, DRIVEWAY APRON. As part of the Lennard Road Improvement Project, the PURCHASER shall install landscaping along the Pri~a Vista Boulevard right-of-way for a distance of 600 feet in accordance with the plans attached as Exhibit "F". and provide a driveway apron and curb cut on Prima Vista Blvd. Purchaser shall pay Seller $12,000.00 (which is included in the purchase price of $31,000.00) towards the purchase and installation of 600 feet of decorative fencing along Prima Vista Blvd. 3. 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. 4. 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. This is page -L of 16 pages of this agreement. Sellers hereby initial this page ~~edgìng the% understand the contents. tl/J -UM '-'. "'" 5. CONVEY ANCE. 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. 6. 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. 7. PRORA nONS. 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. 8. 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. 9. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 10. CLOSING. The closing shall be on or before September 1. 2004. 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. 11. 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. This is page .-L of 16 pages of this agreement. Sellers hereby initial this page a/~~e~ging they understand the contents. ~ (l~ - ~ 12. 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. Upon receipt of an invoice from SELLER'S attorney identifying the time spent by SELLER'S attorney in representing SELLER'S in this transaction, the PURCHASER will pay SELLER'S attorney up to $5,000.00 in attorney's fees at the closing of this contract. 'wi 13. 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. 14. DEF AUL T. 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. 15. 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. 16. ASSIGNMENT. Tb.is 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. 17. 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 This is page .A- of 16 pages of this agreement. Sellers hereby initial this page acknowledging they understand the contents. £tbJ 61_ - '-' ....., 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. 18. 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. 19. 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. 20. 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. 21. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described in Exhibit" A" 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. 22. SELLER'S REPRESENT A TIONS. (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 other than those set forth in Exhibit lie" attached here to made a part thereof. This is page í of 16 pages of this agreement. Sellers hereby initial this page a:;,/;iedging they understand the contents. ~.J riA '-' 'wi (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. 23. COMPLIANCE WITH ENVIRONMENTAL LA WS. -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. This is page --º- of 16 pages of this agreement. Sellers hereby initial this page acknowledging they understand the contents. ð/1 0A- / ,~ '-' 'wi 24. CONFLICT OF LA WS. 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. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this lj0 day of Aù-r~ ~~ «~;ç~ Roman A. Swiezy ,2004 Witn/7 / . L.A- r /~ Roman A. Swiezy STATE OF COUNTY OF h~L~ ;f -at t/ul ) ) The foregoing instrument was acknowledged before me this (J y ,2004. by Roman A. Swiezy ond-Cotherine E. Swiezy, w to me who has produced a drivers license issued within the last five Commission No.: a ~ "Jíf"'''t, --,. COO,'" Uoy Notary Pu ª,-: 'ì~'~ i:~ MY COMMISSION # D0065501 EXPIRES ....~?:~.:' October 26, 2005 , ".9f"f¡ì..·' BONDED THRU TROY FAIN INSURANC~ INC My Commission Expires: (Printed, Typed or Stamped Name of Notary) This is page ..:L of 16 pages of this agreement. Sellers hereby initial this page ack~.owledging they understand the contents. /:) (J le.;æ;/ ~l/L - ~ '-' EXECUTED by PURCHASER this day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY This is page -ª- of 16 pages of this agreement. Sellers hereby initial this page acknowledging they understand the contents. /~ tÁA- \.f -...J EXHIBIT "A" DESCRIPTION That part of the West 1/2 of Lot 7, less Percel 1, being the Eest 165 feet, of the South 265 feet. .of the North 305 feet, of the West 1/2 of Troct 7 and less Parcel 2, being the West 85 feet, 'of the Eost 250 feet, of the South 255 teet, of the North 305 feet, of the West 1/2 of Tract 7, alf afBlock 3, ST. LUCIE GARDENS, as recorded in Plcrt Book 1, Poge 35 of the Public Records f SL Lucie County, Florida lying w¡thln the following described parcel; 0 A porcel of lond lying In the Easf 1/2 of Sectlon 22. Section 23, the West 1/2 of Section 104- and the East 1/2 of Section 15 all of Township 36 South, Ronge +0 Eost, Sl Lucie County, Florida and lying 65 feet each side of the following described centerline for Lennord Road: For 0 point of reference, commence oi 0 found .ç"x~" .co.ncrete monument (unnumbered) morking. t!l.e Southwest comer of the Southeast )( of soid Section 2:3; thence ·NOO·09'OS"W olong the West line of the Southeast )( of said Section 23, a distonce of 2621.67 feet to a point lying 25.00 feet Souih of 0 tound ~. iron pipe (unnumbered) morking the Northwest comer of the Southeast X of said Section 23 ond an intersection with the C'enterline for Lennard Rood at centerline station 323+38.52; thence 589'59'21"E along said centerline a dIstance of 665.29 feet to on Intersection with the Eost line of lot 7, Block ~ of sold plat of St. Lucie Gardens and the point of beginning of the centerline for Lennord Rood at centerline stotion 316+73.23 Thence N89'59'21 oW, 'parollel with soid North line of the Southeost )( of soid Section 23 0 distance of 665.29 feet to centerline stotlon 323+38.52 and on intersectIon with the West line of the Southeast )( of sold Section 23 and the centerline of Snver Ook' Drive 0 , 00 foot wide right-of-way; thence continue N89'59'21 "W, parollel with said North li!')e of said Section 23, a distonce of 1518.63 feet ·to centerline stcrtlon 338+57.15 and 0 point of curvature of 0 curve concave to the Northeost hoving a rodius of 1065.00 feet ond 0 centrol ongle of <4-715'17", thenc~ Northw~sterly elong the orc of S1Jld curve 0 distonce of 878.36 feet to a point at centerline station 3~7+35.50 ond 0 point hereafter referred to os point'~ A·, a chord bearing to said point beors N66"21' <4-2"W, with 0 chord distance of 853.67 feel; thence continue olong soid curve concove to the Northeast having 0 rodius of 1065.00 feet ond 0 centrol ongle of 04-2"28'58", thence Northwesterly along the arc of s.old curve 0 distance of 789.66 feei to centerline station 355+25.16 ond 0 point lying 65.00 feet East of the West line of the Northwest J,( of said Section 23 and 0 point of tongency, a chord bearing to sold point bears N21 "29'35"W, with 0 chord dlstonce of 771.70 feet; thence NOO'5'06"W, porallel with said West line 0 distance of 1618.06 feet to centerline station 371+04-3.22 and on Intersection with .the South line of the Southwest 1 /~ ot sold Section 1+; thence NOO'07'04-6"W, 0 distance of 237.69 feet to centerline stotion 373+80.91 ond 0 point of curvoture of 0 curve concave to the Southwest having 0 rodius of 7000.00 feet and 0 centrol angle of 07·..¡.a·51~, thence Northwesterly along the ore o·f said curve 0 dIstance of 954.68 f~t to a point of reverse curvature ot centerline statIon 383+35.59 and 0 point lying oh the East line of the Southeast ~ of said Section 15, 0 chord beoring to soid point bears NO~'02'12"W, with 0 chord dlstonce of 953.94 feet; Thence along reverse curve, co~ccrve to the Northeost having 0 rodius of 7000.00 feet ond a centrol· ongle of 07'48'51·, thence Northerly along th~ arc of soid curve 0 distonce of 954.68 feet to centerline station 392+90.27 and 0 point of tongency and a point lying 65.00 feet West of the West line of said Sectlan 15, 0 chord bearing to said point beors ND4"02'12"W, with 0 chord distonce of 953.9~ feet; thence NOO"07'~"W poralle' with said Eost line of soid Section 15, 0 distonce of 497.12 feet to centerline stotlon 397+87.39 and 0 point on the North line of soid Southeost }( of soid Section 15; thence NOO'06'2~"W, 0 distance of 200.16 feet to centerline stotion 399+87.55 and 0 poini of curvature of 0 curv~ conC1Jve to the Southwest having a rodius of 1065.00 feet ond a central angle of 45'30'16~, thence Northwesterly along the arc çf sold curve a distonce of 845.82 feet to centerline station +08+33..37 ond 0 point of tangency, a chord bearing to soid point bears N22'51 '31 "W, with 0 chord distance of 823.77 feet; thence N~5'36'39"W, a distance of 508.57 feet to centerline stotion 413+42.04 ond 0 point lying on the North line, of the South i2, of the Northeast J,(, of sold 'Section 15 ond the point of terminus, of the centerline for Lennord Rood, said lands lýing 65.00 feet each side of the obove described center line also termlnote ot said North. line of the South ~ of the Northeast J,(of scrid Section 15. for 0 point of reference from the terminotingcenterline stotion 413+42.0~; thence . N89·46'39"E olon.g the North line of the South ~ of the Northeast 11( of said Section 15, 0 distance oT 7.46,43 feet to 0 point lying on the East line of the Northeast X of said Section 15; Thence NOO'06'2~"W along said Eost line, 0 distance of 1317.58 feet to 0 found 04-"x04-· concrete monument (unnumbered) morking the Northeast comer of said Section 15. TOGE1HER WITH: A parcel of land lying In the West ~ of sold Section 23 ç¡nd the Eost ~ of said SectIon 22 and lying 65 feet eoch side of the following described centerline for Primo Vista Extension: Begin ot the obove soid point· A· being 0 centerline intersection for Lennard Rood ond Prima Visto Exiension ot centerline equotion stotlon 4-8+35.38 for the centerline tor Primo Vista Extension; thence S47'5'56"W along soid centerline a ~tonce ot 224.52 feet to centerline stotion ~+10.86 ond 0 point of curvature of 0 curve concave to the Southeost having 0 radius of 750.00 feet ond 0 ·centrol ongle of 23'35'18", thence Southwesterly along the orc of said curve a dlstonce of 308.77 feet to centerlIne stotlon 43+02.09 ond 0 point 1ying on tne -West line of said Section 23, ot 0 point 8~.97 feet. S0015'06"E, of 0 found 3~x3" concrate monument (unnumbered) mOrKlng the West J,( comer of sold Section 2.3; a chord beorlng to said point bears S35"28'17"W with a chord distance of 306.59 feet, thence continue olong soid curve concove to the Southeast hoving a rodius of 750.00 feet ond 0 centrol angle of 21 "21'55", thence Southwesterly along the orc of sold curve 0 dIstonce of 279.57 feet to centerline station 40+22.4-2 ond a point of reverse curvature of a curve concave to the Northwest having c rodius of 750.00 feet and 0 centrol ongle ot 59·45'+0·, thence Southwesterly olong the orc of sold curve a distance of 782.27 feet to centerline station 32+04-0.15 ond the end of the described centerline 0 chord bearing to sold point bears S35"2S'17"W, with 0 chord distonce of 306.59 faet All londs lying 65.00 feet eoch side of the obove-described centerline terminote ot the West line ot sold Section 23. Sheet 1 of 2 This is page -ª- of 16 pages of this agreement. acknowledging they understand the contents. /Øæ:J ~.{ Sellers hereby initial this page ~ EXHIBIT' A-I" 'øIÌ o \---I 100 ~ 200 I SKETCH TO ACCOMPANY DESCRIPllON THIS IS NOT A SURVEY I I 5001 S'05"E I PARCEL 134 339.59' ~ SCAl.! INFŒT '" "", ,þ~ "" . . "" ~.[,Z~':--. " ~~- , ',,- ~ q&--1--- .""'-, ~:o~:-. .... '-....... . - ..... - ~ . --- .'- . -ST. LOT 7 BLOCK 3 SECTION ·23 LUCIE GARDENS (P8. ..1, PG. 35) I I ;:; ~ I"""'" ~:;i . /- :;,0 . : <C ":0: a:¡ ,,-, z: ¡ ! N0015'06"W WEST UNE Of THE NORTH 1/" Of SECì10N 2:1. TOWNSHIP :165. RAN GE -4<1E l:F1'29'24- R=815.00' L=21.1 9' ~ 6=25'23'23- ... R=685.00' 'S L=303.SS' " 265.00' " I 1 g N0014'21"W ' ::3 PARCEl 2 27.71' I " - 265.00-;-~ T - ì I '" ! PARCEl 1 .$:~ JI U' ~ ~ ~~ ~ , - ~/~ H ~ L-.- ' ... I f~~> ~ I /::~ ~ I / I r:::J~' LOT 10 r~ I I1F'è" J~? REQUIRED R/W It') II ~ I , ml/IJ Þ I' I ~ 1 ,J> 1/ ~10' PERMANENT I / I r-,::: /? SLOPE EASEMENT (rr?) ')1 / / If EXlST1NC R/W ~~' Iff'l' / NORTH UNE OF' THE SOUTH 1/2 I . . / Of SEC110N 23. TOWNSHIP :165. RANCE ~E " . LOT 6 , I I, / ~/ I '/ LOT 11 /, I 0 ~ /" 'I I '- Ii I c:, '/ I ~ wi', J .~~.IIJ I -0 I I, II I' ~/I I , II' I' ¡I ¡ : II Ii I ROAD R/W ,:r PER PLAT 1 ST. LUCIE GARDENS 2B'~:\L --- - - - -- - - -----¡- " N8S"SS'2'"W ¡ , 80.46' -- -- ~ REOUIRED R/~W . " ~ " ". /' , ~ :. "0':::';" , "" )<æ'" ,,'" ". " "." . '" " . ","';TA :I~7+:l5.50 '" ",,,,'" (LENNARD ROAD) .i ~/ '" / I LOT 8 /_. LEGEND PSE 0: PERMANENT SLOPE EASEMENT /:;¡ = DELTA R = RADIUS L 0: ARC LENGTrl PG = PAGE PB = PLAT BOOK POB-=POINT Of BEGINNING P~C = POINT Of COMMENCEMENT PLS 0: PROFESSIONAL LAND SURVEYOR R\W = RIGHT-Of-WAY ~ = CENTERUNE ± = PLUS OR MINUS sq. ft.- SQUARE FEET THE NORTH UNE OF THE SOUTrl 1/2 OF SECìlON 2.3 IS ASSUMED TO BEAR N89"S9'21·W AND ALL OTHER BEARINGS SHOWN HEREON ARE RELA ìlVE THERETO. LOT 12 Sheet 2 of 2 This is page ~ of 16 pages of this agreement. Sellers hereby initial this page acknowledging they understand the contents. ê6~J etl ~ ...,j EXHIBIT II B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES This is page -1L of 16 pages of this agreement. Sellers hereby initial this page aC~~gi~9 they understand the contents. /« /£)"/ Ctð // /~tf'i// -- '-' EXHIBIT IICII - CONTRACTS, LICENSES AND AGREEMENTS wi This is page -1L of 16 pages of this agreement. Sellers hereby initial this page aCk~Ã:iedging they understand the contents. ß!iiJ CIÆ '-" "wtI EXHIBIT OlD" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS This is page --1L of 16 pages of this agreement. Sellers hereby initial this page acknowledging they understand the contents. ~ Œu '-' "'" EXHIBIT "E" POLICIES OF INSURANCE This is page ~ of 16 pages of this agreement. Sellers hereby initial this page acknowledging they understand the contents. d§@J ~A- ~ '...I '" ,~ ~-c_ V) EXHIBIT "F" I I I I' ::,., "t' Q:) Q.. e Q. ~ Q:) '" Q:) ~ U) c: 'rtJ ~ Q QJ OJ U) "'::" OJ tJ c· o CJ i ~ .C,; ~j - . ,'" ~ 3 ¡ '<;,~ r .~q j o ~ ' :glf 3jd .¡a 5:. ,.. ~..;' 5 ~~ ¡ t2 J!i ¡j'>.)' '<» :. I j I r, ¿ : ~ "- CD .8- "- Cl:. ~ Q:) /',¡ ~ <J) ~ °1 .~ ¡jl/:j/I 2!:¡n!jJ!j¡ ... 1 , J j I j 1 .: ,~ HH~ This is page --1L of 16 pages of this agreement. Sellers hereby initial this page a/);'Ie:..e~ging they understand the contents. Æ:JtJ Ct} '-' EXHIBIT ~F-l" 'WI - '" ..... JI!-o- I:I;i t:: .!;? "- ~ ,£2 l.¡J - .2 () t) § ü ~ ~ . f6 I -.> 2 ]j i j I oIdt i . o j" :g 1 :::J . ~ß' ~ g! § ~; ...-1 ~ .t!i! d%) 'š·p " II I, ,,-¡ .~. i l'iLI II]'! 'f'" 'film.lil! 1 .. f ~ f ~ f = ! J í f; l This is page ~ of 16 pages of this agreement. Sellers hereby initial this page ¡E/ owiedging they understand Ihe contents. !~. C~¿ I l ii ï:! '- '...I PROJECT NAME: Lennard Road MSBU PROPERTY OWNER: Stan L. and Amy K. Swiezy PARCEL: Tax ID # 3414-501-0707-200/6 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION . THIS AGREEMENT made this day of . ' 2004, between . STAN L. and AMY K. SWIEZY. his wife whose mailing address is 825 Tilton Road Port St. Lucie, Florida 34052-6378 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" and MA"'l" as well as a'Ten (10) foot Permanent Slope Easement to install, maintain, operate, upgrade, replace, and renew, from time to time, back slopes upon, along, over, and across the right-of- way of Prima Vista Blvd. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase,price is Two Hundred and 00/100 Dollars determined to be the total of the following: f1 $J~l"O JJ/)J ($ 20000T· I~ ¡OO OO()v $ ~;ff:)jfJ Real Property (Land) 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. This is page .-L of 14 pages of this agreement. Sellers hereby initial this page tøedging~stand the conlents. '- '-' 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. PAVED ACCESS. DRIVEWAY APRON AND CURB CUT As part of the Lennard Road Improvement Project the PURCHASER shall provide SELLER with paved access to Tilton Road in accordance with the plans attached as Exhibit "F." and a driveway apron and curb cut on Prima Vista· Blvd. 4. 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. 5. CONVEY ANCE. 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. This is page ....L of 14,pages of this agreement. Sellers hereby initial this page a/iWledging th~rstand the contents. Iii . h - -. '- ~ -. 6. 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. 7. PRORA nONS. 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. 8. 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. 9. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 10. CLOSING. The closing shall be on or before September 1. 2004. 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. 11. 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. 12. 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. This is page -L of @ied9in9 the: 1ì pages of this agreement. , erstand the contents. Sellers hereby initial this page - '- ~ 3. 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. 14. 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. 15. 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. . 16. 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. 17. 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 PURGHASER 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. This is page ~ of 14 pages of this agreement. Sellers hereby initial this page a$ied9¡n9 t~'tstand the contents. - \w -...,I 18. 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. 19. 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. 20. 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. 21. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described in Exhibit" A" 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 anfl void. 22. SELLER'S REPRESENT A nONS. (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 other than those set forth in Exhibit "C" attached here to made a part thereof. (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. This is page -ª- of 14 pages of this agreement. Sellers hereby initial this page amWied9¡n9 th~wrstand the contents. "-r '-' 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. 23. 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. 24. 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. This is page -L of 14 pages of this agreement. Sellers hereby initial this page (!jiWledg¡ng the:grstand the contents. \w '-" IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this ~ day of ,2004 Witness as to Stan L. Swiezy St Witness as to Stan L. Swiezy Witness as to Amy K. Swiezy Witness as to Amy K. Swiezy STATE OF COUNTY OF ~Y40-¡q- 9T ~CZ ) ) The foregoing instrument was acknowledged before me this ~ day of ~fðì.!::f' ,2004, by Stan L. Swiezy and Amy K. Swiezy ,who is personally known to me or who has produced a drivers license issued within the last five years as identification. - . . Commission No.: EXECUTED by PURCHASER this day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY This is page l of 14 pages of this agreement. Sellers hereby initial this page a/~oWiedging theY:I!J!rstand the contents. æ /- - \.. ~ EXHIBIT "A" DESCRIPTION That part of Parcel 2, being the West 85 feet, of the East 250 feet. of the South 265 feet, of the North 305 feet, of the West 1/2 of Tract 7, of Block 3, ST. LUCIE GARDENS, os recorded in Plat Book 1, Page 35 of the Public Records of Sl Lucie County, Florida lying within the following described parcel: A parcel of land lying in the East 1/2 of Section 22, Section 23, the West 1/2 of Section 14 end the East 1/2 of Section 15 011 of Township 36 South, Range 40 Ecst, St. Lucie County, Florida end lying 65 feet each side of the fo1lowing described centerline for Lennard Road: For 0 point of reference, commence at 0 found 4")(4" concrete monument (unnumbered) marking the Southwest comer of the Southeast )¡( of said Section 23; thence NOO1J9'09"W along the West line of the Southeast )¡( of said .Section 23, 0 distance of . 2621.67 feet to 0 point lying 25.00 feet South of 0 found ~" iron pipe (unnumbered) marking the Northwest comer of the Southeast )¡( of said Section 23 and on intersection with the centerline for Lennard Rood at centerline station 323+38.52; thence S89'59'21"E along said centerline 0 distance of 665.29 feet to on inten¡ection with the East line of Lot 7, Block 4 of said plat of St. Lucie Gardens and the point of beginning of the centerline for Lennard Rood at centerline station 316+73.23 Thence NBB'59'21"W, .parallel with..$Qid North line ·of-the South.east )¡( of said Section 23 0 distance of 665.29 feet to centerline station 323+38.52 and on intersection with the West line of the Southeast )¡( of said Section 23 and the centerline of Silver Oak Drive 0 100 foot wide right-of-way; thence continue N89'59'21"W, parallel with said North line of said Section 23, a distance of 1518.63 feet to centerline station 338+57.15 and 0 point of curvature of 0 curve concave to the Northeast having 0 radius of 1065.00 feet and 0 central angle of 4715'17", thence Northwesterly along the arc of said curve 0 distance of 878.36 feet to 0 point at centerline station 347+35.50 and a point hereafter referred to as point "A", a chord bearing to said point bears N66'21'42"W, with a chord distance of 853.67 feet; thence continue along said CUI"\I'e concave to the Northeast having a rodius of . 1065.00 feet and 0 central angle of 42'28'58-, thence Northwesterly along the arc of said curve a distance of 789.66 feet to centerline station 355+25.16 and a point lying 65.00 feet East of the West line of the Northwest )¡( of said Section 23 and a point of tangency, 0 chord bearing to said point beon¡ N21'29'3S"W, with a chord distance of 771.70 feet thence N001S'06"W, parallel .with said West line a distance of 1618.06 feet to centerline station 371+43.22 and an intersection with the South line of the Southwest 1/4 of said Section 14; thence NOO'07'46"W, a distance of 237.69 feet to centerline station 373+80.91 and a point of curvature of a curve concave to the Southwest having a radius of 7000.00 feet and a central angle of 07'4<1'51". thence Northwesterly along the arc of said curve a distance of 954.68 feet to a point of reverse curvature at centerline station 383+35.59 and 0 point lying on the East line of the Southeast )¡( of said Section 15, a chord bearing to said point bears N04'02'12"W, with 0 chord distance of 953.94 feet; Thence along reverse curve, concave to the Northeast having a radius of 7000.00 feet and a central angle of 07'48'51", thence Northerly along the arc of said curve a distance of 954.68 feet to centerline station 392+90.27 and 0 point of tangency and 0 point lying 65.00 feet West of the West line of said Section 15, a chord bearing to said point bears N04'02'12"W, with a chord distance of 953.94 feet; thence NOO1J7'46"W parallel with said East line of said Section 15, a distance of 497.12 feet to centerline station 397+87.39 and a point on the North line of said Southeost )¡( of said Section 15; thence Noo·06~24~.w,. a. distance of 200..16_ feet to centerline station 399+87.55 and a point of curvature of a curve concave to the Southwest h·aving a radius of 106S.00 feet and a central angle of 4~'30'16"; thence Northwesterly along the arc of said curve 0 distance of 84S.82 feet to centerline station 408+33.37 and a point of tangency, a chord bearing to said point bears N22'51 '31 oW, with a chord distance of 823;77 feet; thence N4S'36'39"W, a distance of 508.67 feet to centerline station 413+42.04 and a point lying on the North line, of the· South ~, of the Northeast )¡('. of said Section 15 and the point of terminus, of the centerline for Lennard Road, said lands lying 65.00 feet each side of the above described centerline also terminate at said North line of the South ~ of the Northeast )¡( of said Section 15. For 0 point of reference from the terminating centerline station 413+42.04; thence N89'46'39"E along the North line of the South ~ of the Northeast )¡( of scid Section 15, a distance of 746.43 feet to a point lying on the East line of the Northeast )¡( of said Section 15; Thence NOO'06'24"W along said East line, 0 distance of1 31 7.68 feet to 0 found 4"x4" concrete monument (unnumbered) marking the Northeast comer of said Section 15. TOGETHER WITH; A parcel of land lying in the West ~ of said Section 23 and the East ~ of said Section 22 and lying 65 feet each side of th~ following described centerline for Prima Vista Extension: Begin at the above said point . A· being 0 centerline intersection for Lennard Road and Primo Vista Extension at centerline equation station 48+35.38 for the centerline for Primo Vista Extension; thence S4715'S6"W along said centerline 0 distance of 224.52 feet to centerline station 46+10.86 and 0 point of curvature of a curve concave to the Southeast having a rad~ of 750.00 feet and 0 central angle of 23'35'18", thence Southwesterly along the arc of said curve a distance of 308.77 feet to centerline station 43+02.09 and 0 point lying on th..~.West line of said Section 23, at 0 point 84.97 feet, S001S'06"E, of a found 3"x3" concrete monument (unnumbered) marking the West )¡( comer of said Section 23, 0 chord bearing to said point bears S35'28'17"W with a chord distance of 306.59 feet, thence continue along said curve concave to the Southeast having a radius of 750.00 feet and 0 central angle of 21 '21 '55" thence Southwesterly along the arc of said curve a distance of 279.67 feet to centerline station 40+22.42 and 0 point of' reverse curvature of 0 curve concave to the Northwest having 0 radius of 750.00 feet and a central angle of 59'45'40", thence Southwesterly along the arc of said curve a distance of 782.27 feet to centerline station 32+40.15 and the end of the described centerline a chord bearing to said point bears S35'28'17"W, with a chord distance of 306.59 feet. All lands lying 65.00 feet each side of the above-described c.enterline terminate at the West line of said Section 23. This is page -ª- of 14 pages of this agreement. ackn~-edging they und?5~~md the contents. ¡/II' ß Sheet 1 of 2 Sellers hereby initial this page - .. \w ...., EXHIBIT ~ A-l" o , '00 , , J SCALE IN FEET 200 I SKETCH TO ACCOMPANY DESCRIPTION lHlS IS NOT A SURVEY I j I PARCEL 133 (:0.005 ACRES, 2" SQ.FT.) ~ '" "'" , 'Þ~/'" '" ~ ~-- " .{,~~ '::--.... " "'--1ftD;. ~...... " "'Z~~~-- ~ '~[(ÿ~1:- __ -----... C/A. . -- -~y "- - ...... : --..: : ~¡ . I""'" ,..........J ~,< . ,- ~Io -t",< ;'-'Icr: CO : '-" Zl ¡ ¡ I : NOOï5'06"W WEST UNE OF THE NORTH , /2 OF SECllON 23. TOVINSHIP 365 RANGE 40E ' LEGEND LOT 6 J' - 265.00..... .l.v T I I I" ~ ~,/ I I "8 PARCEL' Q;;/ i'~. U .n .'? . <:f :!! C>.I/~.... , ~/~ +.....L- ' , i I (~> 1 ~ I ,l"~ I ?= I /1 'i::J"" IN //fl~~ II '0') //~ ~ J. ~I REQUIRED R/W !O II ~ I 1~1/1 ~ jJ I' . Z{ ~~!.~ 1/ "'- '0' PERMANENT ~p II SLOPE EASEMENT (TYP) - . I L11 , / /1- . I I II , / Of SECTION 23. TOWNSHIP 36S, RANGE 40E , , I I I I, / .~' I '/ LOT 11 /, I O~I ~I I' I '- 1/ I I a: I 1/ ~~ ~ :,'1 . ! 1'0 II! II I ~I' ,1 I 1/' I' I U : ,I, II I NOO'~·21-W 27.71' -- .- ROAD R/W 1S' PER PLAT l ST. LUCIE GARDENS . . ~8." PG. 3~ -----------¡- " S89'59'21-E . I 15.~9' - -,- lP=02"39' 02- R=685.00' L=31.69' '0 o IÒ CD ~ LOT 8 LOT 7 BLOCK 3 SECTION 23 ST-. LUCIE GARDENS ·-{PB.1, PG. 35) .- '~~ ')4/~~~ ~~~~ //~ .~ ~ STA 347+35.50 / .. ,1'// (l.DINARD ROAD) '// I I I LOT 10 iii on ... '5 PSE "" PERMANENT SLOPE EASEMENT t:. = DELTA R = RADIUS L = ARC LENG1H PG = PAGE PB = PLAT BOOK POB = POINT 'Of BEGINNING POC = POINT Of COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR R\W = RIGHT-Of-WAY It. = CENTERUNE :I: = PLUS OR MINUS sq.ft. = SQUARE FEET TI-iE NOR1H UNE OF 1HE SOU1H '/2 OF SECTION 23 IS ASSUMED TO BEAR N89'59'Z1"W AND ALL OTI-iER BEARINGS SHO~ HEREON ARE RELATIVE TI-iERETO. LOT 12 Sheet 2 of 2 .---.--. This is page -ª- of 14, pages of this agreement. Sellers hereby initial this page aCkno~(g they uœtand the contents. - '-' ....." EXHIBIT II B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES This is page ~ of 14 pages of this agreement. Sellers hereby initial this page /knfWiedging th;y uptiei'stand the contents. I //~ JA '-' - .,-, EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS This is page ---1L of 14 pages of this agreement. Sellers hereby initial this page a~~.n~Wledging they urtfitand the contents. I jI/t' !// '-' 'wi '. EXHIBIT "D" OPERA TION, MAINTENANCE AND EMPLOYMENT AGREEMENTS This is page --1L of 14 pages of this agreement. Sellers hereby initial this page ack.rrowledging th~y u â stand the contents. 1// / /£4 .._ .... . '-' "'" EXHIBIT "E" POLICIES OF INSURANCE This is page ~ of 14 pages of this agreement. Sellers hereby initial this page ac/~..rrp.., ~Iedging they u~tand the contents. i/ /f(·f M · ~ ... '-' '-' c: CONSUL TlN~ ENGINEERS ~CULPEPPER & LA-ND SUR\Æ'¡'ORS ( 2980 SCUTrl 251:.'1 SìREZT TER.P EN') N G I FORT PIERc:::ë:. FLORIDA 3...981 ,INC. (772) ""+-3.5.:17 Slol. of Florido Board 0/ Prol""..lonal Englnocn Au th ori:::ctlon 1'10. ;'285 IlL TON RD ACCESS This is page 14 of 14 a es . ack90wledging they Unde1=S~a. ;d th of this agreement. / /':'(" j/j/ e contents. Sellers hereby initial this page ..... AGENDA REQUEST ...." ITEM NO. C-2.D· Date: September 28, 2004 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Treasure Coast Sports Commission, Inc. - 2004/05 Grant Contract BACKGROUND: See C.A. No. 04-1314 FUNDS A V AIL. (State type & No. of transaction or N/A): Account No. 611-5210--582000-500 (Tourist Development Trust Fund) ( j RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed grant contract for Treasure Coast Sports Commission, Inc., and authorize the Chairman to sign the contract. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] DENŒD [ ] OTHER: Approved 5-0 . County Attorney: jd--- Coordination/SÍ!!ßa tu res Mgt. & Budget: Purchasing: 'I- Originating Dept.: Finance (Check for Copy only, if applicable): Other: Other: " ... ~ ""'" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 04-1314 DATE: September 22, 2004 SUBJECT: Treasure Coast Sports Commission, Inc. - 2004/05 Grant Contract BACKGROUND: Attached to this memorandum is a copy of the proposed 2004/05 grant contract for Treasure Coast Sports Commission, Inc. As approved by the Board of County Commissioners during the September 9, 2004 final budget hearing, the contract provides for a one hundred thousand and 00/1 00 dollars ($100,000.00) grant to the Sports Commission for operational expenses related to its efforts to attract, stimulate, and promote sporting events on the Treasure Coast. The funds will be paid in whole from monies generated by the Tourist Development Tax. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed grant contract for Treasure Coast Sports Commission, Inc., and authorize the Chairman to sign the contract. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Economic/Tourism Development Manager Contracts Coordinator Deputy Clerk Press/Public -~ ~ "wi GRANT CONTRACT TillS CONTRACT, made this day of ,2004, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST SPORTS COMMISSION, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of one hundred thousand and 00/1 00 dollars ($100,000.00). The County shall disperse the grant funds in accordance with the following schedule: October 15,2004 $10,000.00 February 15, 2005 $20,000.00 November 15,2004 $10,000.00 March 15,2005 $20,000.00 December 15,2004 $10,000.00 Apri115,2005 $20,000.00 January 15,2005 $10,000.00 2. The Recipient shall use the grant monies for the operational expenses associated with its efforts to attract, stimulate, and promote sporting events on the Treasure Coast from the date first above written through and including September 30, 2005. Operational expenses shall be limited to staff salaries, office supplies, equipment, marketing, and advertising costs. The Recipient shall submit quarterly written reports to the St. Lucie County Tourism and Convention Manager regarding the expenditure of the grant funds and activities of the Recipient, particularly the promotion of sporting events in St. Lucie County. The reports shall be delivered on or before February 1,2005, 1 '\, ~ 'wi May 1,2005, August 1,2005, and November 1,2005. 3. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this contract, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie 2 '", . ~ ...."",¡ County Tourist Development Council." In the alternative, the Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism and Convention Manager. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Field 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 3 -.. . . \.f ~ 13. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: TREASURE COAST SPORTS COMMISSION, INC. BY: SECRETARY PRESIDENT DATE: (SEAL) g:\atty\agreemnt\contract\tcsports .comm. 04. wpd 4 ~ '-' AGENDA REQUEST ITEM NO. C2E DATE: September 28, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRE SENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement Cesar Cumerma - Tax LD. No. 2433-221-0005-070-1 - Parcel 736 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust /Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Cesar Cumerma in the amount of ELEVEN THOUSAND SIX HUNDRED and no/100 DOLLARS ($11,600.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: OG APPROVED [ ] DENIED [ ] OTHER: . Approved 5-0 [XX] County Attorney: !k~ Review and Approvals [XX] Public Works Director: [XX] County Engineer: [XX] Originating Dept.: ftvl..t- ] Road & Bridge: [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\ WP\J oAnn\25th Street\Cumerma\Agenda Request.wpd ( ...."J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY ,FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: September 28, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement Cesar Cumerma - Tax I.D. No. 2433-221-0005-070-1 - Parcel 736 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On July 29, 2004, an offer was made to the owner for a Temporary Construction Easement in the amount of $11,600.00, which was based on the real estate appraisal report prepared by Daniel K. Deighan, MAI. The report was reviewed and approved by Daniel D. Fuller, MAI, as required by the Department's procedures. The purpose of the Temporary Construction Easement is for the construction of a retaining wall and for tying in and harmonizing the back slope within the existing right-of-way. Parcel 736 is a 10' wide area along the owner's property line that fronts South 25th Street. The Temporary Easement consists of an area of approximately 1,450 square feet. There are no building improvements within the Easement area. Mr. Cumera has agreed to accept the County's offer for the Temporary Construction Easement at the offer amount of $11,600.00. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Cesar Cumerma in the amount of ELEVEN THOUSAND SIX HUNDRED and no/100 DOLLARS ($11,600.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. G:\ACQ\WP\JoAnn\25th Street\Cumerma\Agenda Memo.wpd - { \..f ~. Page 1 of 3 S1. Lucie County, Florida TEMPORARY CONSTRUCTION EASEMENT STATE ROAD NO.: PARCEL NO.: 615 (S. 25th street) 736 THIS AGREEMENT is made by and between: Cesar Cumerma hereinafter referred to as SELLER and the S1. LUCIE COUNTY for the use and benefrt of the St Lucie County, Florida, hereinafter referred to as the PURCHASER. . WITNESSETH For and in consideration of the mutual convenantsand conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following Temporary Construction Easement or interest therein, upon the following terms and conditions: I. DESCRIPTION (a) .Real estate or interest therein, identified as parcel 736 . and shown on Right of Way Maps for PROJECT: S. 25th street incorporated herein by reference. ·0 Fee Simple o Permanent Easement (Section 111.(b) does not apply) . Temporary Construction Easement (Sections III.(b, c and d) do not apply) o Leasehold Interest (Sections III.(b and c) do not apply) (b) 0 Personal property identified as follows: N/A (c) 0 Outdoor Advertising structure identified by permit number: N/A (Section III.(b and c) do not apply) II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to ·SELLER at closing including fees and costs. (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession (c) Itemized purchase price, fees and costs Land and Improvements $ Real Estate Damages $ (SeverancelCost-to-Cure) $ 10.400.00 Business Damages $ Attorney Fees $ Appraiser Fees $ ODA Structure $ Other Temporary Easement - Land $ 1.200.00 (Specify) $ $ 11.600.00 $ (Specify) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS $ 11.600.00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that execution of this Temporary Construction Easement Agreement by PURCHASER constitutes conditional acceptance and is subject to final County acceptance. Final County acceptance shall denote final approval of the purchase price an all terms and conditions contained in this Temporary Construction Easement Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final County acceptance. Notice of final County acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI. N/A (b) SELLER is responsible for all taxes due and owning on the property as of the date of closing. ,~ . - \..r ...,¡ Page 2 of 3 (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchaser price shown in Section II. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a result of actions of the seller. The terms of this sub-section shall survive the closing. (d) Any extension of acceptance beyond the date of closing must be authorized by the PURCHASER in writing. During the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent care in protecting the property from theft and vandalism. All property, whether real or personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date of this agreement, less any reasonable wear and tear. (e) It is mutually understood that this Temporary Construction Easement is necessary for transportation purposes and is being acquired under threat of condemnation, pursuant to Section 337.27, Florida Statutes. (f) The outdoor advertising structure. owner shall provide an executed ODA Permit Cancellation(s) (Form No. 575-070-12) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag(s) at or prior to receipt of payment for the ODA structure. (g) Other: IV. CLOSING DATE . This transaction shall be closed and the instrument of conveyance delivered within 60 days of the County agency acceptance. . o This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of final County acceptance. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser. There 0 is o is not an addendum to this agreement --- ,,," \..f ~ Page 3 of 3 VI. IN WITNESS WHEREOF, THE SELLER(S) of the Temporary Construction Easement have caused these presents to :eeu=n~~:~0Š'c/ ~tur'-- Dåte CONDITIONAL ACCEPTANCE BY PURCHASE of the TEMPORARY CONSTRUCTION EASEMENT Cesar Cumerrna Name (Please Type or Print) 5c?3 - 21) - 2c.J8:2 Social Security Number ST. LUCIE COUNTY BOARD OF COUNTY COMMISIONERS BY: Name (Please Type or Print) DATE: Signature Date Name (Please Type or Print) Social Security Number VII. FINAL COUNTY ACCEPTANCE IN WITNESS WHEREOF, St Lucie County has caused these presents to be accepted this . ,2004. day of BOARD OF COUNTY COMMISSIONERS, CHAIRMAN -- .......... - \r' AGENDA REOUEST ITEM NO. ~ Date: September 28, 2004 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Advertising Services - Agreement with Simple Success Marketing, Inc. BACKGROUND: See C.A. No. 04-1330 FUNDS A V AIL.(State type & No. of transaction or N/A): Account No. 611-5210-534000-500 (Other Contractual Services) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreement with Simple Success Marketing, Inc., and authorize the Chairman to sign the agreement. COMMISSION ACTION: CONCURRENCE: ]C APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ~ Coordination/Shmatures Mgt. & Budget: ~~.~~!f.1.t~ Purchasing: Originating Dept.: Other: Finance (Check for Copy only, if applicable): \.,-. ...J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 04-1330 DATE: September 22, 2004 SUBJECT: Advertising Services - Agreement with Simple Success Marketing, Inc. BACKGROUND: On August 1, 2004, the Board of County Commissioners approved the award of the contract for advertising services for the Tourism and Economic Development Division (RFP No. 04-073) to Simple Success Marketing, Inc. Attached to this memorandum is a copy of the proposed agreement with Simple Success. The initial term of the agreement will be for one year through September 30, 2005 with an option to extend for two additional one year periods. The agreement provides for a monthly retainer in the amount of one thousand eight hundred and 00/1 00 dollars ($1,800.00) with total compensation for all services not to exceed one hundred twenty-five thousand and 00/1 00 dollars ($125,000.00). Approval for the monthly retainer cost was approved by the Board in the August 1, 2004 award with the understanding that additional costs would be presented for approval as incurred. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed agreement with Simple Success Marketing, Inc., and authorize the Chairman to sign the agreement. Respectfully submitted, ')~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director Economic/Tourism Development Manager Contracts Coordinator Deputy Clerk Press/Public ~ '.,j AGREEMENT THIS AGREEMENT, made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and SIMPLE SUCCESS MARKETING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant to provide advertising for the St. Lucie County Tourist and Economic Development Division ("TEDD"); and, WHEREAS, the Consultant desires to provide the County with such services. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices acceptable within the industry and good ethical standards. 2. SCOPE OF WORK The Scope of Work to be provided to accomplish the County's objective will be set forth in individual Work Authorizations for the advertising campaigns and such other work as may be authorized by the County pursuant to this Agreement. Upon prior request of the County, the Consultant, in coordination with the TEDD and the Tourist Development Council ("TDC"), will be responsible for the following tasks under this Agreement: A. Develop, recommend and implement an annual marketing plan for the most effective advertising promotional program, with strategies especially directed towards domestic and international consumers travel agents and tour operators. B. Create, design and produce a program of advertisements to most effectively appeal to and target tourists to visit and revisit St. Lucie County. 1 '-" "wi C. Analyze, develop and purchase the most efficient and productive media including, burnot limited to, newspapers, magazines, billboards and broadcast. D. Provide and produce the necessary materials for placing advertisements, and the production of brochures and related sales materials. E. Conduct research to determine the appropriate markets to focus upon the most cost effective approach to reach such markets. Establish a benchmark for measurement and to refine the advertising message. F. Billboard advertising, designing and coordination with overall advertising program. G. Explore and propose web site and advertising programs that will direct consumer and travel trade to the tourism site and maximize the County's visibility through the world wide web. All photographs, design and artwork produced by the Consultant under this Agreement shall become the property of the County. The Consultant shall notify the County Project Coordinator of all available cash discounts for placement of advertising as such discounts become available. In the event the Consultant accrues bonus spots for placement of advertising on behalf of the TEDD, the Consultant shall use such bonus spots only for promotions on behalf of the TEDD. 3. PROJECT COORDINATORS The Project Coordinator for the County is Gayla Barwick, Tourism Coordinator, at (772) 462-1535. The Project Coordinator for the Consultant is Joy Baggett at (772) 297-2098. The parties shall direct all matters arising in connection with the performance of this Agreement, other than notices required hereunder, to the attention of the Project Coordinators for attempted resolution or action. The Project Coordinators shall be responsible for overall resolution or action. The Project Coordinators shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TERM The initial term of this Agreement shall be for the period October 1, 2004, through and including September 30, 2005. The parties reserve the option to extend this Agreement for two additionaIterms of one year each upon the same terms and conditions as herein provided. In order to exercise these options, the parties must agree to do so in writing no later than thirty (30) days prior to the termination date of the then current term. 2 '-" '....I 5. WORK AUTHORIZATIONS All services to be provided by the Consultant under this Agreement shall be authorized by the County through an appropriate Work Authorization prepared by the County Proj ect Coordinator and approved as follows: A. Up to four thousand nine hundred ninety-nine and 99/100 dollars ($4,999.99) _ County Tourism and Economic Development with input from the S1. Lucie County Tourist Development Council ("TDC"). B. Five thousand and 00/1 00 dollars ($5,000.00) through nineteen thousand ninety-nine and 99/100 dollars ($19,999.99) - S1. Lucie County Growth Management Director and S1. Lucie County Administrator with input from the TDC. C. Twenty thousand and 00/1 00 dollars ($20,000.00) and above - Board of County Commissioners with input from the TDC. The Consultant fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Consultant, unless authorized as provided herein. The time for completion of each project shall be defined in each proposal presented by the Consultant and approved by the County Project Coordinator. 6. COMPENSATION The Consultant shall be compensated for all services as described in Exhibit "Á", and rendered during the first year of this Agreement under this Agreement in an amount not to exceed one hundred twenty - fi ve thousand and 00/100 dollars ($125,000.00) which shall include a monthly retainer fee in the amount of one thousand eight hundred and 00/1 00 dollars ($1,800.00) per month. The monthly retainer fee shall include the services set forth in Exhibit "B". The total annual budget for any subsequent year ofthe Agreement shall be agreed upon by the parties prior October 151 each year. The parties acknowledge and agree that this is the total amount allocated for advertising services and is also intended to cover the design cost of printed materials, research, and advertisement placements, including commissions. The County Project Coordinator will provide direction to the Consultant regarding the allocation of funds for each advertising campaign. The compensation paid to the Consultant for services rendered hereunder, other than those set forth in Exhibit "A", shall be as authorized in individual Work Authorizations approved as provided above and shall be calculated using the rate schedule attached hereto and incorporated herein as Exhibit "B". The Consultant shall submit detailed invoices with supporting backup information, including media affidavits for each television and radio commercial placed and tear sheets for each print advertisement, to the County when requesting payment for a proposal. Such invoices include detail sufficient for pre-audit and post audit review by the County. 3 ~ ....¡ 7. ADVERTISING CAMPAIGNS The Consultant shall provide the following services only when directed by the TEDD with regard to the advertising campaigns. There will be occasions when the Consultant will be required to expand upon the existing advertising campaign theme. A. Upon request and receipt of budget approval from the TEDD, the Consultant shall develop a theme/concept story board with creative collateral material (minium of2) along with suggested media placement for the campaign. A particular theme/concept should be carried throughout the campaign and be formulated to reach the following markets: families, "empty nesters," and mature markets. B. The Consultant shall present the campaign to the TEDD for selection and approval. C. Following approval of a campaign by the TEDD, the Consultant shall begin production ofthe creative concept approval by the TEDD, that may include some or all of the development of advertising for radio, newspaper, magazine and television and a marketing strategy for such advertising. D. The Consultant shall meet with the County Project C,oordinator and the Tourism and Economic Development Manager for final approval of the campaign. E. Following final approval of the campaign by the County Project Coordinator, the Consultant will place the advertising with the appropriate media. 8. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. 4 '-' .....,¡ (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Coordinator or otherwise be guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date and the pro-rata amount of the retainer fee for that month through the effective date of termination. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work performed through the termination date. 9. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth in Exhibit "B", for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 10. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent ofthe other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 5 '-' ....,¡ 11. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement upon reasonable notice and during regular business hours. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. The Consultant shall refund by check payable to the County the amount of such reduction of payments. The County agrees it shall compensate the Consultant for amounts not charged to the County by the Consultant which are found on the basis of audit examination to constitute allowable costs under this Agreement. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance ofthe final certificate, whichever is sooner. 12. PUBLIC RECORDS Upon reasonable notice by the County, the Consultant shall provide copies of all documents, papers, letters, or other material subj ect to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement for public review. 13. INSURANCE The Consultant shall procure and maintain during the life ofthis Agreement insurance of the types and subject to the limits set forth below. The Consultant shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the Consultant, it shall be the responsibility of the Consultant to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. All insurance companies providing insurance under this Agreement shall be licensed and authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed officials, employees, volunteers and agents, or the contractor shall procure a bond guaranteeing payment of losses and 6 \..f ...",¡ related investigations, claim administration and defense expenses. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $500,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. The coverage Contractual Liability shall be included. C. COMMERCIAL AUTO LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $1 ,000,000.00 combined single limit. D. OTHER INSURANCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: (1) The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Consultant's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on scope ofprotection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. (2) The Consultant's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers. Any insurance or self-insurance maintained by the County, the TDC, their Officers, Officials, Employees, Agents, or Volunteers shall be in excess of 7 '-' "" the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 14. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, the TDC, their Officials, Employees, Agents, and V olunteers and indemnify the County, the TDC, their Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. This indemnification shall be to the extent of the insurance requirements set forth in this Agreement. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. To the extent permitted by law, the County covenants and agrees at all times to save, hold, and keep harmless the Consultant, its Officials, Employees, Agents, and Volunteers and indemnify the Consultant, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, j udgments, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the County's performance of this Agreement. 15. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 16. ATTORNEYS' FEES AND COSTS In the event the either party defaults in the performance of any of the terms, covenants and conditions of this Agreement, said party agrees to pay all damages and costs incurred by the other party in the enforcement of this Agreement, including reasonable attorneys' fees, should such party prevail against the defaulting party in any legal action instituted in response to such default. 8 ~ 'wi 17. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 18. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 19. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: As to Consultant: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Simple Success Marketing, Inc. 2646 SW Map Road, Suite 305 Palm City, FL 34990 With Copies to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Tourism and Economic Development Manager 2300 Virginia Avenue Ft. Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal 9 ~ """ delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 20. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 21. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate( s) was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 22. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 23. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2003) and as may be amended from time to time. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of 10 - it ~ ...., receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement 24. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted 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 Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SIMPLE SUCCESS MARKETING, INC. BY: SECRETARY PRESIDENT (SEAL) g: \atty\agreemnt\ssm.04. wpd 11 ~ ....J EXHIBIT" A" MONTHLY RETAINER FEE SERVICES 1. Creative conceptualization 2. Marketing plans and recommendations 3. All in-house design of ad materials 4. All in-house design of collateral materials 5. All in-house design of direct mail and other marketing materials 6. Copy-writing 7. Public relations fact sheets, stories and distribution 8. Media budget preparation and implementation 9. Photography and video coordination/supervision 10. Analysis and review of marketing data results 11. Scheduled monthly staff and Tourist Development meetings 12. Client contact and progress reports 13. Billboard design and initiative (monthly "drive-by" to insure lighting, tree and bush trimming) 14. Federal Express charges between Consultant and County offices. 15. Media placement 16. Client service 17. Attendance at meetings 18. Proofing 12 ~ '. "'" EXHIBIT "B" ADDITIONAL SERVICE RATES Outside Services and Production: 1. Mark-up on all outside production - 1 0%. 2. Outside production expenses (i.e., printing, photography, videography, purchase of stock photography, billboard vinyl, direct mail, etc.) will be estimated in writing in advance of work. The County will be financially responsible for the costs of pre- approved outside production. 3. Hand illustration will be estimated in advance and billed at $100/hour. 4. Out of pocket expenses (i.e., long distance telephone, postage, messengers, express mailings to publications, color mock-ups, copies, and disks, etc.) will be billed at cost. Media Commissions: 1. Commissionab1e media is paid to the Consultant directly from the publication at the standard rate of 15%. 2. The County will pay the Consultant directly for non-commissionable media at the rate of 17.65%. 13 - ."..,..,.. ....., -. .. '--' ....." I·' ITEM NO. C3 ¡\ DATE: September 28,2004 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis M. Grim Code Compliance Manager r6> SUBJECT: Request the Board of County Commissioners give permission to release the property 2205 Elizabeth Avenue, from the second amended order for repair or demolition of unsafe building, dated January 13, 2004. BACKGROUND: In August 2002, the Board of County Commissioners issued an order for the repair or demolition of the structure located at 2205 Elizabeth Avenue by December 1, 2002, with permits to be applied for by October 1, 2002. As of October 9, 2002 no permits were issued. On November 19, 2002 Mr. Wayne Larsen brought a copy of the Warranty Deed stating he had purchased the property. On December 3,2002 the Board of County Commissioners issued an amended order for the repair or demolition of 2205 Elizabeth Avenue by June 1, 2003 with permits to be applied for by February 1, 2003. As of November, 2003 no permits were issued. In November, 2003 a letter was received from Cook & Menard Architecture requesting 8 weeks to submit changes to apply for permits. In January 2004 the Board of County Commissioners issued a second amended order for the repair or demolition of the structure locate at 2205 Elizabeth Avenue by June 1, 2004. Permits were applied for and this structure has now been brought up to code. FUNDS AVAILABLE: PREVIOUS ACTION: The Board of County Commissioners granted an extension for the Demolition or Repair to the property located at 2205 Elizabeth Avenue, Fort Pierce by June 1, 2004. RECOMMENDATION: Staff recommends the approval of the release of the building from the demolition order. A letter was received and the house has been brought into compliance with code. Staff further recommends that the Board of County Commissioners approve and authorize the chairman to sign the release as prepared by the County Attorney's Office. COMMISSION ACTION: A 11 APPROVED 0 DENIED o OTHER: Approved 5-0 , '-" Review and Approvals æ- o County Attorney: 0 Management and Budget: o Originating Dept: (Pub. Wks.) ~ 0 Other: o Finance: Check for copy only, if applicable: ....., o Purchasing: o Other: 2205 Elizabeth '-' .....,¡ RECISION OF ORDER OF REPAIR OR DEMOLITION BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That the Board of County Commissioners for St. Lucie County, a political subdivision of the State of Florida, pursuant to the provisions of Chapter 2-5, Building and Building Regulations, Article III Unsafe Buildings and Structures of the St. Lucie County Code of Ordinances, on the 13th day of January, 2004, entered a Second Amended Order for the Repair or Demolition of Unsafe Building at 2205 Elizabeth Avenue, Fort Pierce, FL and recorded in Official Record Book 1896, Page 1717, of the Public Records of St. Lucie County, Florida, amending an Amended Order entered on the 3rd day of December 2002 and recorded in Official Record Book 1625, Page 426, of the Public Records of St. Lucie County, Florida, which amended an Order entered on the 20th day of August 2002 and recorded in Official Record Book 1572, Page 2824, of the Public Records of St. Lucie County, Florida. WHEREAS, on the _ day of September 2004, the Board found that the property has been satisfactorily repaired. NOW, THEREFORE, IT IS ORDERED THAT THE Order dated August 20, 2002, as amended, is hereby rescinded. IN WITNESS WHEREOF, the Board of County Commissioners for St. Lucie County, Florida, acting by and through its Chairman, who executes this Order rescinding the Order for Repair or Demolition of Unsafe Building dated August 20, 2002; Amended Order for the Repair or Demolition of Unsafe Building dated December 3, 2002; and, Second Amended Order for the Repair or Demolition of Unsafe Building dated January 13, 2004 on this _ day of September, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY ORDER FOR THE REPAIR OR DEMOLITION OF UNSAFE BUll DING PROPERTY OF JACK HOYT 2205 ELIZABETH AVE, FORT PIERCE, FL THIS MATTER came on before the Board of County Commissioner~ for St. Lucie County (the "Board") at a duly advertised public hearing on August 20. 2002 pursuant to Article III of Chapter 2-5 (Unsafe Buildings and Structures) of the Sf. Lucie County Code of Ordinances and Compiled Laws upon the request of the SI. Lucie County Public Works Director to cO'1sider appropriate action to abate the safety hazard and the Board having heard comments of staff and the public hereby makes the following determinations: 1. The structure at 2205 Elizabeth Ave. Fort Pierce, FL (the "Building") was reported as unsafe. On March 18, 2002, Staft inspected the structure and determined it to be unsafe. 2. On July 16. 2002, the Board of County Commissioners, pursuant to Article III of Chapter 2-5 of the Sf. Lucie County Code and Compiled Laws (the "Code") declared the Buildings unsafe and ordered a public hearing to be held on August 20, 2002, to determine what steps should be taken with respect to the Building. As of this date. the Building has not been demolished and continues to constitute a nuisance. 3. On July 23, 2002, the Building was posted and on July 23. 2002, the Building was posted at the County Courthouse. 4. A Notice of Declaration of Unsafe Structure or Building and Notice of Public Hearing was published in The Tribune on July 23, 2002, July 30, 2002, August 6, 2002, and August 16, 2002. 5. The structure is damaged to such an extent that the cost of repair or restoration of the building will exceed 50% of the value of the buildings after repair. Based on the above determinations. the Board orders as follows: If the permit is not obtained by October 1, 2002, for repair or demolition of the Building or if a permit is obtained and the Building is not repaired or demolished by December \\ 2002, the County shall demolish the Building and assess the entire cost against the real property where the Building is located. . DONE AND ORDERED this 20lh day of August, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: --()I ¿J_ CHAIRM A D CORRECTNESS: 561 335 0343 P.02 "'wI A'EMODEl1NG. ADDITIONS. REPAIRS. ALTERATIONS · NEW ROOFS · ROtJf REPAIRS - PAINTIHI; PRESSURE CLEANING. SIDING. STUCCO . KITCHENS · BATHS· TILE WORK·' FINISH WORI(· WINDOWS DOORS -SKYLIGHTS. HURRICANE PROTECTION · SCREEN ENCLOSURES - POR CHES· SUNRIIOMS . tlECKS "We Do It All" Residential and Commercial ~~~:_nc;_e_~~~~E~uilding Contractor Lie. & Ins. # CBC 056032 Wayne Larsen, Pr~sident -- November 23,2002 Dennis M. Grim, C.B.O. County Building Official Code Compliance Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 As per requested I'm writing this letter to confirm that 1, Wayne Larsen tcgether with my wife Beverley have purchased property owned by Jack Hoyt on Novemh~r S, 2002 described as 2205 E1izabeth Avenue, Fort Pierce, Florida. 1 have enclosed a I:oPy of the Warranty Deed, which Fidelity National Tide sent out for recording. It is our intention to clean up and remodel the existing structure and propc :rty. The camper in the driveway is gone and a 30 yard waste removal container has t~ken its place. Please allow us 4-6 months to complete the transformation of this pw>erty. Sincerely, (-0 ()1.~'·--" c', Wayne Larsen L _. _ PO. Sex 944 · Jensen Beach. Florl~ja 34957 ~tUdr1 - 281-1954 · Port St Lucie - 335-8554 · Vera - 234-0900 . Pager·- 229-6681 '-" ......, ~ 4_. ·Preøared By and RettJrn To: Susan D. Meitner. CLC Fidelity National Title Insurance Company of New York ' 720 SE Port St. Lucie Blvd. Port St. Lucie. FL 34952 File No. 02-010-410135 Property Appraiser's Pare" I.D.lfo/io) Numberes) 2428-604-0047-000/5 S5#: WARRANTY DEED THiS WARRANTY DEED dated Novemb.r 8.2002. by Jack Hoy,. h.rc;n.fte, calied the g..n'or. to Wayne La"'.n and Bcv.ri.y L....n. hI, W/f.. whose POstoff/ce addr... is, , h.r.inafter c.li.d the grantee: (Wherever used herein the terms -grantor" and "grantee" include aU the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the Successors and assigns of corporations! WITNESSETH, Tha'tha g..ntor, for and /n CO""d...tion of the sum of "0.00 Ind othcr vaiuable CO"./d.rat/on. rCC.ip, wh.,eof is h.roby acknowiedged, h.roby grants, barga/n., .cii.. IIi.n., remi.... rele..... convcv., and confirms unto the grantee, aJ/ the certain land situated in St. Lucie County, Florida, vi%; Lo, II. 810ck 3, Fla.twood Acr.., acco'ding to the pl., thareof, II r.co'dcd in Pi., Book 10, Page 78 of the Pubiic Records of St. Lucie County, E=lorida The above described property is not the homstead of the Grantor. Subject to easements. restrictions, reservations, and limitations of record. if any. TO HAVE AND TO HOLD the same in fee simple forever. TOGETHER w;th all the 'enements. heraditamanta Ind 'Ppu".nance, there,o b.iongin. 0' /n any w/.c .pp.".ln;n.. AND the .ran'or hereby covenants with ..id gran,.. that the grantor is iawfully "/,cd of s.id iand /n fee .impl., that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warran~ the title to said land and wilJ defend the same, against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. - .¡-=~_J;..I~·'.,:..- _" :--, '. .. - .j L:. NO'.I i 9~·~-~- W.,,..,,C"r ::~ :11"IIti.'clUoIj to lnuIYÌlh...1I1 f'c..... 11 z.~1(1:,,¿;...;.....,;¡.Qi '. -~ - . - --'':'':-::'~~N, :--- ,,-- ..:~. . ~ Page 1 of 2 '-" '...,,/ ~OÙJ IN WITNESS WHEREOF, the said grantor has signed anq' sealed these presents the day and year first above written. Jack Hoyt tr~ (Address and Phone Number) STATE of COUNTY of WITNESS my I HEREBY CERTIFY that on this day, before me, an 0 ficcr aforesaid to take aCknowledgemont.s, personally appcare II1y commission expires: r;;i';.:;~~... SUSAN 0 ~EThER (.~., ¡J'.- .,:¡, AlY COMI"'::$()~. CD 05iC49 ~~'~::'f¥ t= Á>"Mi:i» OC'.oc:r'. 1X.:i .~.~:'f:." I0I06111 nr.. ,'<..;.&I) Jot_ ·JItUGi.r:ø¡ Ift"nf,r c.-.c. ;1~",,;(h..,¡1 :. ¡r.d.i"od~J . '~2IO'HlncI;"._PdI "~.C'2of2 . ..... .. ~ '>- .... :z: a c..J W f- c..J :::J -' I- Z f- <J: C:':I '-D I ¡:..J '-:1" l- e.::: :::J LLJ CJ t!J (.) a: n_ I- f- In :::J ¡:..J c...J ··~O e.::: rl ..... (J :..: CJ wCJ :J: or¡ I- a:: c··J u.. CJ ,., a .. ocr- ""'0-·0 c.:::O:l WO". ....J c··¡r.··J (J r-t 0 ~ CJ:::; Z rl <J: ........ :¿: L C·J ....J IlJ r-! CJJ::J" :J:s'O ~w Wzu Z L ZQJO <J: -< IJ a..... cu t-:I u.. a:: '-' "'wI BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY AMENDED ORDER FOR THE REPAIR OR DEMOLITION OF UNSAFE BUILDING AT 2205 ELIZABETH AVENUE. FORT PIERCE. FL THIS MATTER came before the Board of County Commissioners for St. Lucie County (the "Board") on December 3, 2002 pursuant to Article III of Chapter 2-5 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws upon the request of the new property owner, Mr. Wayne Larsen, to grant an extension for the repair or demolition of the property and the Board having heard comments of staff and the public hereby makes the following determinations: 1. The structure at 2205 Elizabeth Avenue, Fort Pierce, FL (the "Building") was reported as unsafe. On March 18,2002, Staff inspected the structure and determined it to be unsafe. 2. On August 20, 2002, the Board of County Commissioners, pursuant to Article III of Chapter 2-5 of the St. Lucie County Code and Compiled Laws (the "Code") declared the building unsafe and issued an Order requiring the ownérs of the property to obtain a permit for the repair or demolition by October I, 2002. 3. On November 8, 2002, the Property was purchased by Mr. Wayne Larsen, a licensed contractor, license number CBC 056032. 4. Mr. Wayne Larsen has indicated that he intends to repair the property and has requested a three (3) month extension to accomplish the repair, 5. The structure is damaged to such an extent that the cost of repair or restoration of the building will exceed 50'Yo of the value of the building after repair. Based on the above determinations, the Board amends the August 20, 2002 Order as follows: If the permit is not obtained by February I, 2003, for repair or demolition of the Building or if a permit is obtained and the Building is not repaired or demolished by June 1, 2003, the County shall demolish the Building and assess the entire cost against the real property where the Building is located, Except as amended herein, the remaining terms and conditions of the August 20,2002 Order shall remain in full force and effect. DONE AND ORDERED this 3rd day of December, 2002. ATTEST: ~ ,·~~:t..· - ·~·~..~·~~t",~lJ'-~:~ ·f:·::S~:' .,. ,.."¡¡ . ~ .,,_...... . "-' .¡>' "~.",'" ·"~a· ,'" r, , '.'"'i,.'...,". CÕMMISS;r~È!i~:"'.'. . x ,FLORIDA' I.,........:·'.:'.};.:..,:.. . ~o?írf¡·:t~! ,,' ; ;". , .. ,p _. :,:'-',';.-'- '-~"~":- ADMINISTI!~TaR'~i >~., -'~'.;!::;''':,.; ~". ~'J' ·7~· " . '- "'-";'- . 1b,a;- Y~~::Çt2, l,~}::~:·>·¿i:;,~·;·<t~:::\ t;. I \"":::.".:." \.,,' '.~ ~j':~.-:: ,....., -\'\ 11~,;:'~1 ~, '" I ~; ....~:. . '., "";':1 ~\¿dtt(~ZijJ BY: .: . . -.:.,~.. J" 1 .~:" '. ,_. l;,~þ"~LJ" ·-....'M, NQU-3-2ØØ3 11:~FROM:COOK & MENARD 7724604244 TO:""148 P.2 COOK & :MENARD ARCHITECTURE. INC. FLORIDA REGISTRATION NO. AAOO03494, NCARB CERTIFICATION NO. 31789 808 Delaware Avenue, Fort Pierce, Florida 349S0 Pbone (772) 460-7751 Fax (772) 460-4244 EmaiJ Address COOKMENARD@CS.COM November 3, 2003 St. Lucie County Building Dept. Attn: Michelle Prestridge, Code Enforcement Officer 2300 Virginia Avenue Ft. Pierce, FL 34982 Reference: Wayne & Beverly Larsen, 2205 Elizabeth Ave, Ft. Pierce, SL County Case #: 21963 To Whom It May Concern: Please be advised that this office has been contracted by Mr. Wayne Larsen, to provide COnstruction documents for pennit application, for the above referenced code violation. We. are requesting approximately eight (8) weeks to schedule the work and finalize the drawings, so that a pennit can be applied for. Æ.rM Peter B. Cook Cook & Menard Architecture, Inc. PBC :dfo ~~1-06-04 1~ 772 335 0343 ...." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY SECOND AMENDED ORDER FOR THE REPAIR OR DEMOLITION OF UNSAFE BUILDING AT 2205 ELIZABETH AVENUE, FORT PIERCE. FL THIS MATTER came before the Board of County Commissioners for St. Lucie County (the "Board") on January 13,2004 pursuant to Article III of Chapter 2-5 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws upon the request of the new property owner, Mr. Wayne Larsen, to grant an extension for the repair or demolition of the property and the Board having heard comments of staff and the public hereby makes the following determinations: 1. The structure at 2205 Elizabeth Avenue, Fort Pierce, FL (the "Building") was reported as unsafe. On March 18,2002, Staff inspected the structure and determined it to be unsafe. 2. On August 20, 2002, the Board of County Commissioners, pursuant to Article III of Chapter 2-5 of the St. Lucie County Code and Compiled Laws (the ·Code") declared the building unsafe and issued an Order requiring the owners of the property to obtain a permit for the repair or demolition by October 1, 2002. 3. On November 8. 2002. the Property was purchased by Mr. Wayne Larsen, a licensed contractor, license number CBC 056032. Mr. Wayne Larsen has indicated that he intends to repair the property and requested a three (3) month extension to accomplish the repair. 4. On December 3, 2002, an extension was given to repair or demolish the building by June 1,2003. 5. On December 23, 2003. permits were applied for to repair the building. 6. The structure is damaged to such an extent that the cost of repair or restoration of the building will exceed 50'0 of the value of the building after repair. Based on the above determinations, the Board amends the August 20,2002 Amended Order as follows: If the Building is not repaired or demolished by June 1, 2004, the County shall demolish the Building and assess the entire cost against the real property where the Building is located. )'í(í2Z/~ ~1~"dd) (~~, p.03 :;;o."c-¡ CD ....·0 n.....:D QCCZ .., z: 0. :z: m CDC 0.5 :::c:: ..c:ro OCDï' 1',)'" :z .........:D o ::z: ...0 w ....."" o LJ C") ~~ï' rom -:¡ :;;0 0....::00:: -.J:IC) .. 0 g~-n -I gs~ o :00::("') - .... 7.! con ...0 c::: 0-_ -0-1 ::D n jjO m~ r--I -:¡ r- I -:¡ c.tJ :D - :z: -I ï' c: ("'J "'""" m n o c::: :z: --I -< ... J~'-06-04 15\-0 772 335 0343 . . ...." Except as amended herein, the remaining terms and conditions of the August 20,2002 Order, as amended, shall remain in full force and effect. DONE AND ORDERED this 13th day of January. 2004. ATTEST: G :\A TiY\Ho)ll OenlOlition Amended Order, wpd BOARD OF COUNTY COMMISSIONERS ST. LUaE COUNTY, FLORIDA BY: ~J¿') æ ~Æ CHAIRMAN ¿'/ . - APPROVED AS TO FORM AND CORRECTNESS: /t~J /U~ . COUNTY ATTORNEY P.04 '.' . ~ ç~ ~~);; ;.:~ ~ ' §j?tr.:·/;' ;.~ ,,") ~~; . -:..; ~.~. . ( <# "-.,: . .~~.";;;.~.- ~..""~2""~ .::,., ,'. . ,~! c:::J ;:1:1 to o o '" ..... OJ -.Q C'" ï:I :r> Cj) !T1 ..... -J ..... OJ AGENDA REQUEST """ ITEM NO.~ '-"' DATE: September 28, 2004 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DEPT ichael Powley, P.E. County Engineer SUBJECT: Becker Road MSBU - Paving and Drainage Improvements Revised Final Assessment Roll to Re-Allocate Assessments BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: January 10, 1995 - Board created MSBU September 5, 1995 - Board adopted Preliminary Assessment Roll July 10, 2001 - Board approved Final Assessment Roll RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 04-257 approving a Revised Final Assessment Roll to re-allocate said assessments for the Becker Road Municipal Services Benefit Unit. COMMISSION ACTION: CONCURRENCE: bG APPROVED [] DENIED [ 1 OTHER: A pproved 5-0 [x]County Attorney {}¿t/ [x]Public Works Dir ~t\)\ , []Finance ( Coordination/Sianatures []Mgt. & Budget [X]MSBU Coor ~ [ ] Utilities: ~ '-' 'wJfI COMMISSION REVIEW: September 28, 2004 ENGINEERING MEMORANDUM NO. 04-170 TO: FROM: DATE: SUBJECT: Board of County Commissioners Michael Powley, P.E., County Engineer MI/P August28,2004 Becker Road MSBU - Paving and Drainage Improvements Revised Final Assessment Roll to Re-Allocate Assessments BACKGROUND On January 10, 1995, the Board created the Becker Road MSBU to fund paving and drainage improvements. On September 5, 1995, the Board approved the Preliminary Assessment Roll. The method of assessment was based upon the trip generation method. Upon completion of the roadway improvements, on July 10, 2001, the Board approved the Final Assessment Roll. Subsequent to adoption of the Final Assessment Roll, several large parcels of land have been subdivided into single family platted lots. A revised assessment roll is necessary to re-allocate the existing assessments still being collected on the tax roll. The engineering services of Camp, Dresser & McKee ("CDM") were retained to prepare a revised final assessment roll RECOMMENDATION Staff recommends that the Board adopt Resolution No. 04-257 approving a Revised Final Assessment Roll to re-allocate said assessments for the Becker Road Municipal Services Benefit Unit. BP Attachment cc: Staff Concurring MSBU Coordinator Diane Bernardo, CPA, Finance Dept. Linda Smith, Tax Collector Data Base Administrator Evelyn Haskell, Property Appraiser, Director Tax Roll Preparation ~ ....., RESOLUTION NO. 04- 257 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING A REVISED FINAL ASSESSMENT ROLL FOR THE BECKER ROAD MUNICIPAL SERVICES BENEFIT UNIT TO RE-ALLOCATE ASSESSMENTS AS SET FORTH IN THE REVISED FINAL ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on January 10, 1995, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 95-012 initially determining that the creation of the Becker Road Municipal Services Benefit Unit (the II Becker Road MSBU") to fund the cost of a project to construct a portion of a realigned Becker Road (the "Project") is in the best interest of St. Lucie County; a copy of a map showing the boundaries of the Becker Road MSBU is attached as Exhibit "A"; and WHEREAS, on March 13, 1995, the City Council of the City of Port St. Lucie, adopted Ordinance No. 95-14 authorizing St. Lucie County to create a MSBU within the boundaries of the City of Port St. Lucie to construct and improve Becker Road; and WHEREAS, on September 5, 1995, the Board adopted Resolution No. 95-164 creating the Becker Road MSBU; and thereby, (1) adopted the Preliminary Assessment Roll for the Becker Road MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the II Special Assessment") within the Becker Road MSBU in the amount set forth in the Preliminary Assessment Roll, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for1997 for a period of 20 years, and (4) authorized the County Engineer to proceed with the Project; and -1- '-" ." WHEREAS, on December 17, 1996 pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 96-252 which stated the Board's intent to use the uniform method of collecting the Special Assessments levied by the Becker Road MSBU; and WHEREAS, on July 10, 2001, the Board adopted Resolution No. 01-161 approving the Final Assessment Roll upon review of the final costs for the completed Project and determined that the final costs were lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments were credited in accordance with Section 1-13.5-7 of the Code; and WHEREAS, on September 28, 2004, pursuant to Section 197.492, Florida Statutes, the Board adopted Resolution No. 04-257 after reviewing and confirming an engineer's report prepared by Camp, Dresser & McKee, Inc. to re-allocate existing assessments due to plat abandonments and newly created platted subdivisions. The Revised Final Assessment Roll is attached hereto as Exhibit "B". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida, as follows: Section 1: The Revised Final Assessment Roll for the Becker Road MSBU (Exhibit 11 BII) is hereby approved and confirmed and the Revised Final Assessment Roll is substituted for the Final Assessment Roll. Section 2: Except for the substitution of the Amended Final Assessment Roll for the Final Assessment Roll, all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 95-012,95-164,96-252 and 01-161 including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 1997 for a period of 20 years, shall remain in full force and effect and apply equally to the Amended Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. THE NEXT PAGE IS THE SIGNATURE PAGE -2- '-' .....,¡ PASSED AND DULY ADOPTED this 28th day of September, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -3- ~ ...,.¡ EXHIBIT "An Map of MSBU ,--- h !) i \f' ---=-:-'':.: 1¡)' ~' I (¡\ _ . ~ , , " - ..,. -. - \. ,ì ~. \ ~ ~ 'fI" ,......., '7 . '.' , .' .' I ç;.j' . ð. r'2 b'" ~ 'i'"JJ ' - . , . '~ '\ ..¿I . ,.. J ".." \(" .~" ~ \ ..' . ' \ ,) - Ä ~ · h " ' \ .,,- " " ''' " .:: :-- . , , ' I ' . ' ' ' ' . .', . ..' .~ L ~~. - i ' · , 'I . ~ l" . ' -, '. \ . _ _ " ,J , ' // \ \ " ,.-,: _ . ' /'" i" ',~ ,p\'., .', \ --=-'- ../r.' ," '" ¡__ ____\'-, ' ,\ J,;;~.~';:- ¡ ,. '. : \ I Vy -:i¡' ,r¡ .i ~ - ¡ -'.' ~ ~ - --./ ,_ . , . ~ ,..Æ"//7J ~ 'I ,- 1'-1 r , - .I . . -' ~ (\ \ _~., _ ; _ ' ~ "// /" '/.7 ',/j / ...?- ./ , \ \. 'tÁ'// ~ ~ // "'" -~ ~ "'" _, _' ,,/ L "):v.. b /1 / J Jr ,,~ '" ,,,,'''''''' '. J _' . 4~ ~ 71/r' 1Z£2'::J. í' ¡::, 1J.'1 J 1 U, ~ . I/4'»: ~ ~o/~~:J ,¡ "it " ~, ~Æ.)f. 'f/N '1-1 ,'~ //' ~, "" "/' jU'v '/f}'1/'/Y; v .. ' '--, ~ I' ." , r-=-' . . I/~/ (f/¡/- \1>-0/ ¥# <"? .A Y V 4 ' J j · , . ___ . I'::::. ~ ~/. ~ .,¿. \ r , '='= -1 ~ <'j ~7V~V ,/1" ~~ i/ V i''> -- ,/", (,J I=~ ~ . \ ~ I '/.: / ~ 1/ t' ' / 1/ [" , ..f ~ '-- ~ ~ ..,'/ ~ ¿> 7vn17fi ~ ,'1\ I. ' » I~ . -L' ~ ~ÞX~ /~WIl ~ ~.'~. \ ~~ ~ . . _ ',. ~ ~-1 V ~ ~~ ~~ - U ' A \:~iH . '. ~ i(j~~~~f~~_ . .. "".' .~.. ..' \ ~~,/~~~ 11;; . ~ "X V / . xl .' ,'. '\':. "'" ,\ l2 ,'>N / /.- /Ü.v 7 >,~ q~ .~~ g:~ÿ// /~). . ~ ~~ .~ _~7 .~' ~ .-, :<- .... ',~~~', - ¡ Becker Road MSBU SLC - Drainage & Paving ~ """" EXHIBIT "B-1 " BECKER ROAD MSBU REVISED FINAL ASSESSMENT ROLL TABLE 1 ST. LUCIE COUNTY, FLORIDA BECKER ROAD MSBU FINAL SPECIAL ASSESSMENT ROLL SUMMARY OF CURRENT UNPAID PARCELS Item Value Total Square Footage of All Parcels on "bck3_unpaid.csv" (1) 262,578.04 Less: Parcels Converted from: (2) 4427-600-0065-000/8 4427-600-0107-000/5 4427-700-0083-000n 4427-700-0184-000/5 Subtotal Parcels Converted From (187.308) (143.748) (91.476) (117.612) (540.144) Plus: Parcels Converted to: (3) 4428-500-0001-000/8 4428-500-0002-000/5 4433-500-0001-000/4 4433-500-0002-000/1 Subtotal Parcels Converted To 252.650 200.380 135.910 146.360 735.300 Adjusted Total Square Footage for Cu"ent Unpaid Parcels (4) 262,773. 196 (1) Provided by Tax Collector's Office. (2) Parcels no longer in the current parcel database and their associated square footages. . (3) New parcellD numbers for converted parcels and their associated square footages. (4) Equals Total Square Footage of All Parcels on "bck3_unpaid.csv" less Subtotal Parcels Converted From plus Subtotal Parcels Converted To. Final Roll Calculation. xIs Rate 9/17i2004; 11:10AM ~ ....,.¡ EXHIBIT "B-2" BECKER ROAD MSBU REVISED FINAL ASSESSMENT ROLL TABLE 2 ST. LUCIE COUNTY, FLORIDA BECKER ROAD MSBU FINAL SPECIAL ASSESSMENT ROLL CALCULA TION OF FINAL SPECIAL ASSESSMENT RA TE Item Value Total Gross Amount of Assessments on Final Roll (1) $190,747.21 Adjusted Total Square Footage for Current Unpaid Parcels (2) 262,773. 196 Assessment Rate per Square Foot (3) $0.725901 (1) Provided by County Finance Department as amount required to payoff all bonds. (2) Taken from Table 1. (3) Equals Total Gross Amount of Assessments on Final Roll divided by Adjusted Total Square Footage for Current Unpaid Parcels. Final Roll Calculation. xIs Rate 9/17/2004; 11:10 AM ;r". AGENDA REQUEST ...." ITEM NO. ~ ~ ... DATE: September 28,2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT Michael Powley, P,E. County Engineer SUBJECT: Ideal Holding Road MSBU - Paving and Drainage Improvements Amend Final Assessment Roll to Re-distribute Assessments BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction Q! N/A): N/A PREVIOUS ACTION: August 20, 1996 - Board created MSBU April 6,1999 - Board adopted Preliminary Assessment Roll August 22, 2000 - Board approved Final Assessment Roll RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 04-256 approving an Amended Final Assessment Roll to re-distribute said assessments for the Ideal Holding Road Municipal Services Benefit Unit. COMMISSION ACTION: CONCURRENCE: DQ APPROVED [] DENIED [ ] OTHER: Approved 5-0 [xJCounty Attorney f)J:- [x]Public Works Dir .À t ~, []Finance ( Coordination/Sianatures []Mgt. & Budget [X]MSBU Coor ~ [ ]Utilities: ., '-' ~ COMMISSION REVIEW: September 28, 2004 ENGINEERING MEMORANDUM NO. 04-169 TO: FROM: DATE: SUBJECT: Board of County Commissioners Michael Powley, P.E., County Engineer M1/f August28,2004 Ideal Holding Road MSBU - Paving and Drainage Improvements Amend Final Assessment Roll to Re-distribute Assessments BACKGROUND On August 20, 1996, the Board created the Ideal Holding Road MSBU to fund paving and drainage improvements for seventy-seven (77) parcels. On April 6, 1999, the Board approved the Preliminary Assessment Roll. The method of assessment was based upon the equivalent residential connection ("ERC") method, since each parcel would generate the same number of trips. Upon completion of the roadway improvements, on August 22, 2000, the Board approved the Final Assessment Roll. Subsequent to adoption of the Final Assessment Roll, a landowner applied for development of Carlton Country Estates, a 24 lot subdivision, to be located on the southern half of the property. Since the entire parcel had originally been assessed for one (1) single family residence, the owner would be subject to paying an additional assessment for the trips generated by his development. The firm of Camp, Dresser & McKee ("CDM") was retained to evaluate alternative methodologies to determine the best methodology to re-distribute the roadway component of the assessment (attached). Once the adjusted assessment amount per parcel had been determined, the owner of Carlton Country Estates provided St. Lucie County with payment for the additional trips. The Revised Final Assessment Roll reflects a credit amount of $883.72 to be assigned to each assessed parcel. If the assessment was prepaid, a refund check will be mailed to the current owner of record. For those assessments still being collected on the tax roll, a credit will be issued. RECOMMENDATION Staff recommends that the Board adopt Resolution No. 04-256 approving an Amended Final Assessment Roll to re-distribute said assessments for the Ideal Holding Road Municipal Services Benefit Unit. c: Staff Concurring MSBU Coordinator Diane Bernardo, CPA, Finance Dept. Linda Smith, Tax Collector Database Administrator Evelyn Haskell, Property Appraiser, Director Tax Roll Preparation - ... ~. ...." RESOLUTION NO. 04-256 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING AN AMENDED FINAL ASSESSMENT ROLL FOR THE IDEAL HOLDING ROAD MUNICIPAL SERVICES BENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH IN THE AMENDED FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 20, 1996, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 96-194 which created the Ideal Holding Road Municipal Services Benefit Unit (the "Ideal Holding Road MSBU") to fund the cost of a project to provide paving and drainage improvements to seventy-seven properties within the boundaries of the Ideal Holding Road MSBU in unincorporated St. Lucie County, Florida (the "Project"), as shown on the attached Exhibit "A"; and . WHEREAS, on December 8, 1998 pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 98-260 which stated the Board I s intent to use the uniform method of collecting the Special Assessments levied by the Ideal Holding Road MSBU; and WHEREAS, on April 6, 1999, the Board adopted Resolution No. 99-088 and thereby, (1) adopted the Preliminary Assessment Roll for the Ideal Holding Road MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the II Special Assessment") within the Ideal Holding Road MSBU in the amount set forth in the Preliminary Assessment Roll, and, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for 1999 for a period of 15 years; and WHEREAS, on August 22, 2000, the Board adopted Resolution No. 00-177 approving the Final Assessment Roll upon review of the final costs for the completed Project and determined that the final costs were lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments were credited in accordance with Section 1-13.5-7 of the Code; and -1- ..- ~ '-" WHEREAS, on September 28, 2004, the Board reviewed an engineer's report prepared by Camp, Dresser & McKee, Inc. to evaluate and re-distribute the Final Assessment Roll due to the creation of additional trips generated from a proposed development, known as Carlton Country Estates, a twenty-four lot subdivision. The Amended Final Assessment Roll is attached hereto as Exhibit "B". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida, as follows: Section 1: The Amended Final Assessment Roll for the Ideal Holding Road MSBU (Exhibit "B") is hereby approved and confirmed and the Amended Final Assessment Roll is substituted for the Final Assessment Roll. Section 2: Except for the substitution of the Amended Final Assessment Roll for the Final Assessment Roll, all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 96-194, 98-260, 99-088 and 00-177, including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 1999 for a period of 15 years, shall remain in full force and effect and apply equally to the Amended Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 28th day of September, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- Iii ' I 1:1 . I ,1 Ijl I i ---~t--~--l=-----¡ III I I ", I Ili- I I I I , 'I Iii I' ----1-~ I! -- I I I I I: ,I I· II ----- .----*--.--- -_.- 'I II 11 II II i~ ... ~--+~~~ I' I! ¡ II I I! L' I , ~, 1- .--------- '~I :-=-==-::=:::==~~-t-::..=-~- I I I ."" EXHIBIT "A" Map of MSBU ....." ~I"'I - .+ I I I - _ _-_ _ _ _1_"':- --L -= - -- - - - ~- L_ - . ..... -.. - I I I \ .. "0' I I I I---=-~ . ø -"~I çl.:! ~"; ~ III -/--' ...'. .. ... ~\:,._¡' I~I==~.I J I"",'''", - C',.... ..,... "'. - ,--- I· ..._ ~J.. 'J~ I I -'I- _ _ - ~ ,~. , , . "~:;J i "IT' ...d.'î"!I' I~ I .=..-.... . ... - ~. ~:::,i ~ I I I~:· I I ----m----~·--L=--T '. I I ¡- ,... ...... .._ "U" ,~.. ..:".. 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Solid Waste Manager SUBJECT: Staff request Board approval of the Exclusive Residential Collection Service Agreement by and between St. Lucie County and Waste Pro of Florida, Inc. as approved by the County Attorney and authorize the Chairman to sign. BACKGROUND: On 6/18/04 the Board of County Commissioners awarded RFP 04-042 to Waste Pro and on 9/15/04 approved the charges to be placed on the non-ad valorem assessment roll effective 10/01/04. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends Board approval of the Exclusive Residential Collection Service Agreement by and between St. Lucie County and Waste Pro of Florida, Inc. as approved by the County Attorney and authorize the Chairman to sign. COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER CONCURRENCE: Approved 5-0 County Attorney (X) Originating Dept. (X) )r Coordination/Sianatures Mgt. & Budget ( ) Public Works (X) Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable) _ ~ \.t' g:\atty\agreemnt\ Waste Pro-4 EXCLUSIVE RESIDENTIAL COLLECTION SERVICE AGREEMENT By and Between ST. LUCIE COUNTY, FLORIDA and WASTE PRO OF FLORIDA, INC. .", \w' SECTION 1.01. SECTION 1.02. SECTION 1.03. '" TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION DEFINITIONS .................................. 1 CONSTRUCTION AND INTERPRETATION. . . . . . . . ., 11 SECTION HEADINGS. . . . . . . . . . . . . . . . . . . . . . . . . .. 12 ARTICLE II REPRESENTATIONS SECTION 2.01. REPRESENTATIONS OF THE COUNTY . . . . . . . . . . .. 12 SECTION 2.02. REPRESENTATIONS OF CONTRACTOR. .......... 12 ARTICLE III RESIDENTIAL WASTE COLLECTION SERVICE SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. SECTION 3.06. SECTION 3.07. SECTION 3.08. SECTION 3.09. GENERAL DESCRIPTION ....................... 14 COLLECTION OF HOUSEHOLD WASTE ........... 16 COLLECTION OF YARD TRASH .................. 17 COLLECTION OF BULK ITEMS .. . . . . . . . . . . . . . . . .. 18 BACK DOOR COLLECTION SERVICE. . . . . . . . . . . . .. 18 MANNER OF COLLECTION .. . . . . . . . . . . . . . . . . . . .. 19 NATURAL DISASTERS. . . . . . . . . . . . . . . . . . . . . . . . .. 19 HAZARDOUS WASTE .......................... 20 USE OF DESIGNATED DISPOSAL FACILITY. . . . . . .. 20 ARTICLE IV RECYCLABLE MATERIAL COLLECTION SERVICE SECTION 4.01. SECTION 4.02. SECTION 4.03. SECTION 4.04. SECTION 4.05. SECTION 4.06. g:\atty\agreemnt\ Waste Pro-4 RECYCLABLE MATERIAL COLLECTION SERVICE .,. 23 RECYCLING BINS ............................. 23 MANNER OF COLLECTION ............... . . . . . .. 24 MARKETING RECYCLABLE MATERIAL. . . . . . . . . . .. 25 RECYCLING COLLECTION EQUIPMENT. . . . . . . . . ., 25 REVENUE FROM SALE OF RECYCLABLE MATERIAL 26 i \w' SECTION 5.01. SECTION 5.02. SECTION 5.03. SECTION 5.04. SECTION 5.05. SECTION 6.01. SECTION 6.02. SECTION 6.03. SECTION 6.04. SECTION 6.05. SECTION 6.06. SECTION 6.07. SECTION 6.08. SECTION 6.09. SECTION 6.10. SECTION 6.11. SECTION 6.12. SECTION 6.13. SECTION 6.14. SECTION 6.15. SECTION 6.16. SECTION 6.17. SECTION 6.18. SECTION 6.19. SECTION 6.20. SECTION 6.21. SECTION 6.22. SECTION 7.01. SECTION 7.02. SECTION 7.03. SECTION 7.04. SECTION 7.05. g:\atty\agreemnt\ Waste Pro-4 ...." ARTICLE V FEES, BILLING AND COLLECTION COUNTY URBAN SERVICE AREA FEES ........... 26 COUNTY RURAL SERVICE AREA FEES. . . . . . . . . . ., 27 RESIDENTIAL BILLING, COLLECTION AND PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 FRANCHISE FEES ............................. 30 NON-AD VALOREM ASSESSMENT PROVISIONS . . .. 30 ARTICLE VI OPERATIONS OFFICE ...................................... 32 HOURS FOR SERVICE. . . . . . . . . . . . . . . . . . . . . . . . .. 33 ROUTES AND SCHEDULES ..................... 33 HOLl DAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33 CONTRACTOR PERSONNEL .................... 34 COLLECTION EQUIPMENT ........ . . . . . . . . . . . . .. 35 COM PLAI NTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36 QUALITY OF PERFORMANCE OF CONTRACTOR. ... 37 PERMITS AND LICENSES ......... . . . . . . . . . . . . .. 39 SECURITY FOR PERFORMANCE . . . . . . . . . . . . . . . .. 39 WORKER'S COMPENSATION INSURANCE. . . . . . . ., 41 LIABILITY INSURANCE ......................... 41 REPORTING REQUIREMENTS, BOOKS AND RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 42 USE OF RECYCLED PRODUCTS ................. 43 POINT OF CONTACT ...........................44 INDEPENDENT CONTRACTOR. . . . . . . . . . . . . . . . . .. 44 LOCAL IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . .. 44 TITLE TO WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45 NEW SERVICE INFORMATION...............···· 45 PROMOTIONAL REQUIREMENTS ................ 45 CHANGES IN SCOPE OF COLLECTION SERVICE ... 47 DISPUTE RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . .. 47 ARTICLE VII GENERAL PROVISIONS TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . .. 48 NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 48 DEFAULT OF CONTRACT . . . . . . . . . . . . . . . . . . . . . .. 49 INDEMNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54 CHANGE OF LAW ............................. 56 ii - \.f ....,¡ SECTION 7.06. SECTION 7.07. SECTION 7.08. SECTION 7.09. SECTION 7.10. APPLICABLE LAW, JURISDICTION AND VENUE. . . .. 57 ATTORNEY'S FEES ............................ 57 AMENDMENTS AND WAIVERS. . . . . . . . . . . . . . . . . .. 57 ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 58 ENTIRE AGREEMENT .......................... 58 APPENDIX A APPENDIX B APPENDIX C DESCRIPTION OF COUNTY URBAN SERVICE AREA FORM OF LETTER OF CREDIT FORM OF PERFORMANCE BOND g: \atty\agreemnt\ Waste Pro-4 iii - ....., 'wi EXCLUSIVE RESIDENTIAL COLLECTION SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of , 2004, by and between St. Lucie County, a political subdivision of the State of Florida (the "County"), and Waste Pro of Florida, Inc. (the "Contractor"). WITNESSETH: WHEREAS, the County, in exercise of its powers to regulate the health, safety and welfare of its citizens and visitors, has selected Contractor to provide collection service for residential waste and recyclable material within all or a portion of the unincorporated area of the County; and WHEREAS, Contractor is willing to provide collection service for such residential waste and recyclable material; NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the County and Contractor mutually undertake, promise and agree for themselves, their successors and assigns as follows: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Exclusive Residential Collection Service Agreement, the following terms shall have the following meanings unless the context hereof otherwise requires. "Agreement" means this Exclusive Residential Collection Service Agreement. g:\atty\agreemnt\ Waste Pro-4 1 - "-' ....., "Back Door" means a location at the side or rear of a Dwelling Unit acceptable to both the customer and Contractor; provided however, that if an appropriate location cannot be agreed upon, the issue shall be resolved pursuant to Section 6.22 hereof. "Back Door Surcharge" means the amount payable by a customer to Contractor for providing Back Door Collection Service to a Dwelling Unit, which shall be (A) $11.00 per month for Dwelling Units located in the County Urban Service Area, and (B) $11.00 per month for Dwelling Units located in the County Rural Service Area. "Biomedical Waste" means any solid waste or liquid residue which may present a threat of infection to humans. The term "Biomedical Waste" includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health represent a significant risk of infection to persons outside the generating facility. The term "Biomedical Waste" does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Biological Waste" means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term "Biological Waste" does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. g:\atty\agreemnt\ Waste Pro-4 2 '--' ~ "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. "Bulk Items" means items that require special handling and management because of their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and furniture. "Bulk Items" must have been previously used by the customer at the Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste. "Collection Service" means Residential Waste Collection Service and Recyclable Material Collection Service. "Commercial Collection Service" means the collection of solid waste from Commercial Property. When the context requires, the term includes the collection and proper processing of Recyclable Material from Dwelling Units located on Commercial Property. "Commercial Property" means all Improved Property other than Residential Property. "Construction and Demolition Debris" means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land g:\atty\agreemnt\ Waste Pro-4 3 '--' ...., clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(12)0), Florida Statutes, and FAC 62-701.200(27), unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of Construction and Demolition Debris with other types of solid waste will cause it to be classified as other than Construction and Demolition Debris. "Collection Service Cost" means Contractor's cost of billing, bill collection, administration, and bad debt for providing Residential Waste and Recyclable Materials Collection Services. "County" means St. Lucie County, a political subdivision of the State of Florida. "County Administrator" means the chief executive officer of the County or the designee or designees of the County Administrator which shall represent the County in the administration and supervision of this Agreement. "County Disposal Charge" means the amount payable to the County for disposal of Residential Waste at a Designated Disposal Facility. g:\atty\agreemnt\ Waste Pro-4 4 ~ ...I "County Rural Service Area" means that portion of the unincorporated area of the County that is not within the County Urban Service Area. "County Rural Service Area Fee" means the sum of (A) the Residential Waste Collection Component for the County Rural Service Area, (8) the Waste Disposal Component, and (C) the Yard Trash Disposal Component. "County Urban Service Area" means that portion of the unincorporated area ofthe County described in Appendix A. "County Urban Service Area Fee" means the sum of (A) the Residential Waste Collection Component for the County Urban Service Area, (8) the Recyclable Material Collection Component for the County Urban Service Area, (C) the Waste Disposal Component, and (D) the Yard Trash Disposal Component. "Customer List" means separate listings of billing names and addresses for (A) all Dwelling Units within the County Urban Service Area, and (8) any Dwelling Units in the County Rural Service Area to which Contractor is providing Residential Waste Collection Service. "Curbside" means a location that is (A) within three feet of the curb, (8) within six feet of the paved surface of the public roadway if there is no curb, (C) within 6 feet of the closest accessible public right-af-way, or (0) any other location agreed to by the resident and Contractor that will provide a safe and efficient location to Contractor's crew and vehicle. If an appropriate location cannot be agreed upon, the County Administrator shall designate the location for pick-up, considering the presence of threatening or dangerous dogs or other animals. g:\atty\agreemnt\ Waste Pro-4 5 - \w ....I "Designated Disposal Facility" means the place or places specifically designated by the County for the disposal of Residential Waste. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid batteries, used oil, any material for which there is no legally permitted disposal or storage facility within the County. However, tires on rims, rims, small boat and auto parts under 50 Ibs are not exempt. "Fiscal Year" means that period beginning October 1 st of each year and ending on September 30th of the subsequent year. "Franchise Fee" means the amount payable to the County by Contractor pursuant to Section 5.04 hereof. "Garbage" means all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food material. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or g:\atty\agreemnt\ Waste Pro-4 6 ~ '- '--' potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes. "Household Waste" means Garbage and Rubbish generated by a Dwelling Unit forwhich Collection Service is provided hereunder. The term "Household Waste" does not include Exempt Waste or Bulk Items. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Residential Waste or being capable of generating Residential Waste. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. "Letter of Credit" means the irrevocable commercial letter of credit, if any, provided by Contractor to the County pursuant to Section 6.1 O(A) hereof. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Multiple Single-Family Attached Units" means single-family dwelling units constructed in a series, row, or group, including four units or more with common walls or separate walls abutting each other, separated by a nominal space of not less than two inches, or which have an independent entrance. "Periormance Bond" means the performance bond, if any, provided by Contractor to the County pursuant to Section 6.1 O(B) hereof. g:\atty\agreemnt\ Waste Pro-4 7 -- \w ....J "Public Entity Crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "Recovered Material" means metal, paper, glass, plastic, textile, rubber or other materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. "Recyclable Material" means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Household Waste. The materials initially designated by the County are (A) newspapers and all inserts, (8) #1 through #7 plastic containers (all colors), (C) aluminum cans, (D) steel cans,(E) glass bottles and jars (green, clear, and brown), (F) aluminum foil, (G) aluminum bakeware, (H) aeseptic containers, (I) gable top containers, (J) telephone books, (k) magazines and catalogs, (I) paperboard boxes, and (M) corrugated cardboard boxes. g:\atty\agreemnt\ Waste Pro-4 8 \w '...I "Recyclable Material Collection Component" means the fee for providing Recyclable Material Collection Service to a Dwelling Unit, which shall be $1.98 per month for Dwelling Units located in the County Urban Service Area. "Recyclable Material Collection Service" means the process whereby Recyclable Material is removed from a Dwelling Unit, processed and marketed by Contractor. "Recycling Bin" means two fourteen-gallon stackable bins suitable for temporary storage of Recyclable Material, one of which shall be colored PMS #715 green for newspapers, and the second of which shall be colored reflex blue for other commingled Recyclable Material. "Residential Property" means a parcel of Improved Property on which a Single- Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that "Residential Property" does not include (A) property on which a Mobile Home is located that is classified as either "RMH-5," "PUD," "HIRD," "RE-2", "CG," "CN," "CO," or "RVP" under the County's zoning regulation, or (B) a parcel of property on which more than one Single-Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares a common wall with one or more other Dwelling Units on other parcels of property not under common ownership. Any disputes concerning the definition of Residential Property shall be resolved as provided for in Section 6.22 of this Agreement. Residential property shall not include any County owned property. "Residential Waste" means Household Waste, Yard Trash and Bulk Items. g:\atty\agreemnt\ Waste Pro-4 9 \w' ..., "Residential Waste Collection Component" means the fee for providing Residential Waste Collection Service to a Dwelling Unit, which shall be (A) $6.75 per month for Dwelling Units located in the County Urban Service Area, and (B) $6.75 per month for Dwelling Units located in the County Rural Service Area. "Residential Waste Collection Service" means the process whereby Residential Waste is removed from a Dwelling Unit and transported to a Designated Disposal Facility. "Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweep-ups and all other accumulations of a nature other than Garbage, which are usual to housekeeping; also any bottles, cans or other containers not containing Garbage. "Service Day" means the date on which Collection Service is provided. "Single-Family Residence" shall mean a Building that contains a single Dwelling Unit. "Sludge" includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similarwaste disposal appurtenances. "Standard Container" means any commonly available light gauge steel, plastic, or galvanized water tight receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted water tight top or lid and handle(s), or for Household Waste only, a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. A standard container shall not exceed 32 gallons in capacity. g:\atty\agreemnt\ Waste Pro-4 10 \w' 'wi "Tipping Fee" means the disposal fee at the Designated Disposal Facility for Household Waste, Yard Trash and Bulk Items, expressed in dollars per ton. "Triplex" shall mean a Building that contains three Dwelling Units. "Waste Disposal Component" means $3.44 per month, the amount computed by (A) multiplying (1) the generation rate for Household Waste and Bulk Items, which is stipulated during the term of this Agreement to be 1.29 tons per year, by (2) the Tipping Fee, expressed in dollars per ton, at the Designated Disposal Facility for Household Waste, and (B) dividing the result by twelve. "White Goods" means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic appliances that were previously used at the Dwelling Unit from which they are collected. "Yard Trash" means vegetative matter resulting from yard and landscape maintenance. The term "Yard Trash" does not include Exempt Waste. "Yard Trash Disposal Component" means $.77 per month, the amount computed by (A) multiplying (1) the Yard Trash generation rate, which is stipulated during the term of this Agreement to be 0.46 tons per year, by (2) the Tipping Fee, expressed in dollars per ton, at the Designated Disposal Facility for Yard Trash, and (B) dividing the result by twelve. SECTION 1.02. CONSTRUCTION AND INTERPRETATION. (A) Words importing the singular number shall include the plural in each case and vice versa, and words importing persons shall include firms and corporations. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer g:\atty\agreemnt\ Waste Pro-4 11 '-' .""" to this Agreement; the term "heretofore" shall mean before the date of adoption of this Agreement; and the term "hereafter" shall mean after the initial date of adoption of this Agreement. (8) No provision of this Agreement is to be interpreted as a penalty upon any party to this Agreement. The parties hereby agree that the rights of the County in the event Contractor takes or fails to take certain actions pursuant to this Agreement, are reasonable, and that the parties desire such certainty with regard to such matters. (C) This Agreement shall not be construed more strongly against any party regardless that such party, or its counsel, drafted this Agreement. SECTION 1.03. SECTION HEADINGS. Any headings preceding the texts of several Articles and Sections of this Agreement and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall neither constitute a part of this Agreement nor affect its meaning, construction or effect. ARTICLE II REPRESENTATIONS SECTION 2.01. REPRESENTATIONS OF THE COUNTY. The County makes the following representations as the basis for the undertakings on the part of Contractor herein contained: (A) The County is duly organized and validly existing as a political subdivision of the State of Florida. (8) The County has full power and authority to enter into the transactions contemplated by this Agreement. g:\atty\agreemnt\ Waste Pro-4 12 \w' ....., SECTION 2.02. REPRESENTATIONS OF CONTRACTOR. Contractor makes the following representations as the basis for the undertakings on the part of the County herein contained: (A) Contractor is a corporation duly organized, validly existing and in good standing under the laws of the State of Florida, authorized to do business in the State of Florida, and has all requisite corporate power and authority to enter into and fully perform this Agreement. All necessary corporate action on the part of Contractor relating to the authorization of its execution and delivery of this Agreement and its performance of its duties and obligations contained herein have been duly taken, and this Agreement, when executed and delivered, will be valid and enforceable against Contractor in accordance with its terms, except to the extent that the enforceability thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. (8) There are no actions, suits or proceedings pending or, to the knowledge of Contractor, threatened against or affecting Contractor, at law or in equity or before or by any Federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality wherein an unfavorable decision, ruling orfinding would adversely affect the validity of this Agreement or any agreement or instrument to which Contractor is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby. (C) Contractor is willing, ready and able to fully perform the duties and obligations contained herein. g:\atty\agreemnt\ Waste Pro-4 13 \w; ""'" ARTICLE III RESIDENTIAL WASTE COLLECTION SERVICE SECTION 3.01. GENERAL DESCRIPTION. (A) Contractor shall provide Residential Waste Collection Service to all Residential Property located within the County Urban Service Area. In addition, Contractor shall provide Residential Waste Collection Service, upon request and continued payment of the County Rural Service Area Fee, to Residential Property located within the County Rural Service Area. (1) Upon the request of the owner of any Multiple single-family attached units within the County Urban Service Area that utilizes Standard Containers and payment of the County Urban Service Area Fee, Contractor shall provide Residential Waste Collection Service and Recyclable Material Collection Service to such Multiple single-family attached units. (2) Upon the request of the owner of any Multiple single-family attached units within the County Rural Service Area that utilizes Standard Containers and payment of the County Rural Service Area Fee, Contractor shall provide Residential Waste Collection Service to such Multiple single-family attached units. (8) Adjustments to County Urban Service Area or County Rural Service Area boundaries due to municipal annexation or contraction will be as provided by Section 171.062, Florida Statutes. g:\atty\agreernnt\VVastePro-4 14 \w- ....¡ (C) The County agrees to provide or identify one or more Designated Disposal Facilities at all times. All Residential Waste collected by Contractor will be delivered to a Designated Disposal Facility and the applicable disposal charge shall be paid by Contractor. If Contractor delivers Residential Waste to any facility other than a Designated Disposal Facility, Contractor agrees to pay to the County, as liquidated damages and in addition to any other remedy available to the County pursuant to this Agreement, an amount equal to three times the Tipping Fee that would have been paid if such Residential Waste had been delivered to a Designated Disposal Facility. At the County's direction, Contractor shall segregate and separately dispose of Bulk Items at specified areas of a Designated Disposal Facility. (D) Contractor acknowledges that the County intends to authorize one or more persons or entities to provide Commercial Collection Service within the County Urban Service Area and the County Rural Service Area and that the County has no jurisdiction over the collection of Residential Waste within the City or Commercial Collection Service within the City. In addition, the County may authorize one or more persons or entities to provide Residential Waste Collection Service in the County Rural Service Area. The County shall have the right at any time to authorize any other person or entity to engage in the on-site collection of Construction and Demolition Debris, Contractor Generated Waste and Hazardous Waste. (E) Contractor shall be subject to all laws, rules and regulations applicable to Residential Waste Collection Service as adopted by the County. This Agreement does not and shall not be construed to relieve Contractor from any obligation to address any permit, condition, term, approval or restriction and shall not relieve Contractor, or its successors, g:\atty\agreemnt\ Waste Pro-4 15 '-' .."" of the obligation to comply with any law, ordinance, rule or regulation governing said permitting requirements, terms, approvals or restrictions. SECTION 3.02. COLLECTION OF HOUSEHOLD WASTE. (A) Household Waste will be placed in Standard Containers and placed at Curbside prior to 7:00 a.m. on the Service Day. Household Waste will not be placed in the same Standard Container as Yard Trash. All Household Waste shall be properly containerized in Standard Containers or placed at Curbside. No filled Standard Container or individual item shall exceed 50 pounds in weight. (8) Subject to the holiday provisions set forth in Section 6.04 hereof, (1) two weekly Household Waste Service Days will be scheduled for Residential Property in the County Urban Service Area at regular intervals of not less than forty-eight nor more than ninety-six hours apart, and (2) one weekly Household Waste Service Day will be scheduled for Residential Property located within the County Rural Service Area. On or prior to October 1,2004, Contractor will deliver a detailed route schedule (including maps) to the County Administrator. Revised route schedules and maps shall be provided not less than five days prior to any change. (C) All Standard Containers placed at Curbside will be emptied and all plastic bags and individual items placed at Curbside will be removed by Contractor. Other than plastic bags, each Standard Container shall be opened, emptied at truck-side, and left at the same point it was collected in an upside down position with the lid beside the Standard Container. No Standard Container shall be left in a driveway, ditch, or public roadway. (D) Exempt Waste or Standard Containers holding Exempt Waste may be left at Curbside by Contractor. Contractor agrees to attach a prominent written three part g:\atty\agreemnt\ Waste Pro-4 16 \w- """'" notice (one (1) for the Customer, one (1) for the County, and one (1) for the Contractor) to the Standard Container explaining why the Standard Container was not emptied or the Exempt Waste was not removed. The notice shall include a telephone number to be called if the customer desires to contest Contractor's determination that any material constitutes Exempt Waste. If Contractor and the customer cannot agree, Contractor shall immediately notify the County Administrator and the issue shall be resolved pursuant to Section 6.22 hereof. SECTION 3.03. COLLECTION OF Y ARC TRASH. (A) Yard Trash will be placed in Standard Containers or separately at Curbside prior to 7:00 a.m. on the Service Day. All Yard Trash generated by Residential Property shall be prepared for collection as follows: (1) All stumps, trees, and limbs, except for palm fronds, shall be cut into lengths no longer than four (4) feet and stacked in piles. No single stump, tree, or limb shall exceed fifty pounds in weight. (2) All palm fronds shall be stacked in neat piles. No single palm frond shall exceed fifty pounds in weight. (3) All grass clippings, leaves, and similar small vegetative debris, shall be placed in Standard Containers. (4) Yard Trash will not be placed in the same Standard Container as Household Waste. Each Residential Container shall be opened and emptied at truck-side. Lids shall be replaced or left adjacent to the Residential Container. g:\atty\agreemnt\ Waste Pro-4 17 '-' ..." (B) Subject to the holiday provisions set forth in Section 6.04 hereof, one weekly Yard Trash Service Day will be scheduled for Residential Property located within the County Urban Service Area and the County Rural Service Area. On or prior to October 1 , 2004, Contractor will deliver a detailed route schedule (including maps) to the County Administrator. Revised route schedules and maps shall be provided not less than five days prior to any change. (C) Contractor shall not knowingly commingle Yard Trash with Household Waste or Recyclable Material. SECTION 3.04. COLLECTION OF BULK ITEMS. Collection Service shall be provided for all Bulk Items generated in the normal course of use at the Dwelling Unit for which Residential Waste Collection Service is provided. No additional charge shall be made for the collection of Bulk Items. Bulk waste shall be picked up in the same manner and schedule as other household garbage. SECTION 3.05. BACK DOOR COLLECTION SERVICE. (A) Upon request of any customer and payment of the Back Door Surcharge, Contractor shall provide Back Door Collection Service. Back Door Collection Service shall include Household Waste and Recovered Material. Collection Service for Bulk Items and Yard Trash will be provided at Curbside. (B) Contractor will also provide Back Door Collection Service to handicapped persons if the customer provides to Contractor proof of handicapped status as required by Section 320.0848(1 )(a), Florida Statutes, and certifies that no other able-bodied person resides in the household. Back Door Collection Service will be provided to handicapped g: \atty\agreemnt\ Waste Pro-4 18 - -............-- -~ \.., ...., persons for Household Waste and Recyclable Material without payment of the Back Door Surcharge. Collection Service for Yard Trash and Bulk Items will be provided at Curbside. SECTION 3.06. MANNER OF COLLECTION. Contractor shall collect Residential Waste from Residential Property with as little disturbance as possible. Any Standard Container damaged by Contractor will be replaced or repaired promptly by Contractor. Any property of others damaged by Contractor shall be repaired or replaced to the satisfaction of the owner. Contractor shall not litter or cause any spillage to occur upon the premises or the right-of-way wherein the collection shall occur. During hauling, all Residential Waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage, the Contractor shall promptly clean up all spillage. SECTION 3.07. NATURAL DISASTERS. (A) I n the event of a natural disaster, Contractor agrees to do all work as required by the County Administrator, both within the County Urban Service Area and the County Rural Service Area. All equipment and personnel of Contractor or its subsidiaries or affiliates, shall be available to the County in the event of a natural disaster; provided however, that if Contractor or its subsidiaries or affiliates provide service to other jurisdictions affected by the same natural disaster, Contractor and its subsidiaries and affiliates shall use their best efforts to equally assist all affected jurisdictions, including the County. In the event the County Administrator requires services beyond what is required of Contractor hereunder, considering any reduction of regular service during such disaster, Contractor shall receive extra compensation above the normal compensation contained in this Agreement to cover documented actual costs for such extra services provided by g:\atty\agreemnt\ Waste Pro-4 19 -- --- '-" .."., Contractor, provided Contractor has first secured written authorization and approval from the County Administrator. The extra compensation shall be reasonable and if Contractor and County Administrator cannot agree on the amount of extra compensation, the Board shall make the final determination. Contractor agrees to provide the emergency services immediately upon request and the fact that the extra compensation has not been determined shall not delay the provision of service. (B) In the event Contractor, through no fault of its own, is incapacitated by a hurricane, tornado, major storm or other natural disaster, the County Administrator may grant Contractor a variance from regular routes and schedules. Such variance shall not be withheld unreasonably. In such event, the County Administrator may authorize other service providers to temporarily provide Collection Service within the County Urban Service Area and the County Rural Service Area after such natural disaster. As soon as practicable after such natural disaster, Contractor shall advise the County Administrator when it is anticipated normal routes and schedules can be resumed. SECTION 3.08. HAZARDOUS WASTE. Contractor shall not be required to collect and dispose of Hazardous Waste under this Agreement. All such collection and disposal of Hazardous Waste are not regulated under this Agreement, unless and until a separate agreement therefore is entered into by and between County and Contractor. SECTION 3.09. USE OF DESIGNATED DISPOSAL FACILITY. (A) As a material consideration for this Agreement, Contractor agrees that all Residential Waste collected by Contractor will be delivered to a Designated Disposal Facility and the applicable disposal charge shall be paid by Contractor. g:\atty\agreemnt\ Waste Pro-4 20 "-' .~ (B) On or before the tenth day of each month, Contractor shall pay the full County Disposal Charge incurred by Contractor for the prior month. County Disposal Charges shall be based upon the records maintained by the County indicating the total weight of Residential Waste deposited at each Designated Disposal Facility by Contractor's vehicles. County Disposal Charges shall be computed in accordance with the schedule of charges approved by the Board, as the same may be amended from time to time. (C) Contractor shall post security in a form acceptable to the County Attorney in the amount of $200,000, which is Contractor's estimated total County Disposal Charges for two months, rounded to the nearest thousand dollars. The security shall insure Contractor's faithful and timely payment of all County Disposal Charges. The parties agree that this security amount is an estimate by the County and may be reviewed in April 2005 and semiannually thereafter. If there is a significant increase in Contractor's monthly total County Disposal Charge, the County reserves the right to review the security amount at any time. Based upon any such review, the security amount shall be adjusted to the revised estimated total County Disposal Charge for two months, rounded to the nearest thousand dollars. Any adjustment of the security amount may also include an adjustment for a Tipping Fee increase authorized by the Board if such increase is due to take effect prior to the next regularly scheduled review. (D) Contractor agrees to comply with the provisions of all permits, rules, regulations, laws and ordinances adopted or issued by the County, State of Florida, or United States of America and applicable to the Designated Disposal Facility. g:\atty\agreemnt\ Waste Pro-4 21 ~ ...." (E) Contractor hereby releases the County from all liability and shall indemnify and hold the County, its agents, and employees harmless from any and all claims and causes of action for loss of property, accident, personal injury or death by reason of any act or omission of Contractor, its agents, or employees in the use of the Designated Disposal Facility and for all claims and causes of action for violation of all permits, rules, regulations, laws and ordinances adopted or issued by the County, State of Florida, or United States of America due to the placement or disposal of Hazardous Waste at the Designated Disposal Facility by reason of any act or omission of Contractor, its agents or employees in the use of the Designated Disposal Facility. (F) The County shall have the right, in its sole discretion, to direct Contractor to dispose of the Residential Waste collected pursuant to this Agreement at any Designated Disposal Facility. In the event that the County chooses or is obliged to change the location of such disposal to any site other than the current landfill on Glades Cutoff Road, Contractor and the County shall in good faith negotiate a new rate for affected services, based on the difference in total transportation costs of all collection vehicles caused by the change in location of the new Designated Disposal Facility. Should the County and Contractor be unable to agree upon new rates when and if the County designates a new disposal site, the existing rates shall continue to apply for a period of 90 days at which time either party may terminate the Agreement. Notwithstanding the existence of any contract between Contractor and any owner or occupant of Residential Property, if this Agreement is terminated the County shall be immediately entitled to secure the Customer List in order to provide or contract for interim collection service. g:\atty\agreemnt\ Waste Pro-4 22 ~ "'" ARTICLE IV RECYCLABLE MATERIAL COLLECTION SERVICE SECTION 4.01. RECYCLABLE MATERIAL COLLECTION SERVICE. (A) Contractor shall provide Collection Service for Recyclable Material from all Residential Property located within in the County Urban Service Area. Within the County Urban Service Area, the charge for the Recyclable Material Collection Service shall be included in the charge for the Residential Waste Collection Service but will be separately stated on each bill. (B) Subject to the holiday provisions set forth in Section 6.04 hereof, one weekly Recyclable Material Service Day will be scheduled for Residential Property located within the County Urban Service Area. The Recyclable Material Service Day will coincide with one of the Household Waste Service Days. On or prior to October 1,2004, Contractor will deliver a detailed route schedule (including maps) to the County Administrator. Revised route schedules and maps shall be provided not less than five days prior to any change. (C) All Recyclable Material to be collected from Residential Property shall be in approved Recycling Bins placed at Curbside. SECTION 4.02. RECYCLING BINS. (A) Not more than three and not less than two weeks prior to the commencement of Recyclable Material Collection Service, Contractor at its own expense shall provide and deliver Recycling Bins to any Dwelling Unit in the County Urban Service Area for which a request is made in response to the new service information provided pursuant to Section 6.19 hereof. g:\atty\agreemnt\ Waste Pro-4 23 ~ ...., (B) The size, shape, and color of the Recycling Bins, and the configuration of any printing shall be approved by the County Administrator. (C) Upon delivery to each customer, the title to the Recycling Bins shall be transferred to the County. (D) Contractor shall replace at its own expense any Recycling Bin that is (1) lost, (2) rendered unserviceable through normal wear and tear of collection services, or (3) damaged through the fault or negligence of Contractor or its employees. The replacement Recycling Bin shall be delivered on the next Recovered Material Service Day following the customer's request. (E) Contractor must purchase Recycling Bins manufactured with a minimum of 25 percent post-consumer plastic. (F) The County shall notify Contractor of the issuance of certificates of occupancy within the County Urban Service Area. Recycling Bins for newly constructed Dwelling Units shall be provided and delivered by Contractor within ten days of Contractor's receipt of such notice. SECTION 4.03. MANNER OF COLLECTION. Contractor shall collect Recyclable Material with as little disturbance as possible and shall leave the Recycling Bins at the same point they were collected . To be eligible for pick-up, Recyclable Material must be placed in Recycling Bins and the Recycling Bins must be placed at the usual accessible pick-up location. If materials other than Recyclable Material are improperly placed in a Recycling Bin, Contractor shall return such material to the Recycling Bin and place a brightly colored "friendly" reminder notice on the inside of the Recycling Bin informing the customer of the error. g:\atty\agreemnt\ Waste Pro-4 24 ~ "'" SECTION 4.04. MARKETING RECYCLABLE MATERIAL. (A) Contractor shall not return collected Recyclable Material to the waste stream. If the market ceases to exist for any Recyclable Material, alternate disposal options for such Recyclable Material must be approved in advance by the County Administrator. Such approval shall not be unreasonably withheld. (8) Contractor shall be responsible for processing and marketing all Recyclable Material collected and shall take all reasonable commercial action to assure that the Recyclable Material are separated, processed and marketed or otherwise disposed of in a manner that assures reuse or return to use in the form of raw materials or products. SECTION 4.05. RECYCLING COLLECTION EQUIPMENT. (A) Contractor shall have on hand at all times and in good working order such recycling collection service equipment as to permit Contractor to adequately and efficiently perform the contractual duties specified in this Agreement. Vehicles for Recyclable Material Collection Service shall be designed to separate various types of Recyclable Material and shall be enclosed or otherwise properly covered so as to prevent litter or discharge. Vehicles used for Recyclable Material Collection Service must be a different color than vehicles used for Residential Waste Collection Service. The color of vehicles used for Recyclable Material Collection Service shall be approved by the County Administrator. All equipment used for Recyclable Material Collection Service shall be kept in good repair and appearance, and in a sanitary, clean condition at all times. (8) No advertising, except signage approved by the County to promote recycling will be permitted on recycling collection vehicles. Contractor name, corporate logo, and telephone number must be displayed on all vehicles at all times. g:\atty\agreemnt\Waste Pro-4 25 ~ '-' SECTION 4.06. REVENUE FROM SALE OF RECYCLABLE MATERIAL. Contractor shall at all times hold title and ownership to all Recyclable Material collected by Contractor pursuant to this Agreement and shall retain the revenues obtained from its sale of Recyclable Material. ARTICLE V FEES, BILLING AND COLLECTION SECTION 5.01. COUNTY URBAN SERVICE AREA FEES. (A) During the term ofthis Agreement, Contractor shall charge the County Urban Service Area Fee to Dwelling Units located in the County Urban Service Area. (8) On the date any change in the Tipping Fee for Household Waste becomes effective, the Waste Disposal Component of the County Urban Service Area Fee will be adjusted to reflect (1) the new Tipping Fee, and (2) an amount equal to the Franchise Fee payable pursuant to Section 5.04 hereof in respect of the increase or decrease resulting from the adjustment of such Tipping Fee. The County agrees to notify Contractor 120 days in advance of any change in the Tipping Fee for Household Waste. (C) On the date any change in the Tipping Fee for Yard Trash becomes effective, the Yard Trash Disposal Component of the County Urban Service Area Fee will be adjusted to reflect (1) the new Tipping Fee, and (2) an amount equal to the Franchise Fee payable pursuant to Section 5.04 hereof in respect of the increase or decrease resulting from the adjustment of such Tipping Fee. The County agrees to notify Contractor 120 days in advance of any change in the Tipping Fee for Yard Trash. g:\atty\agreemnt\ Waste Pro-4 26 ~ ~ (D) If during the term of this Agreement the State of Florida imposes a sales tax on Residential Waste Collection Service or Recyclable Material Collection Service, the amount of such tax may be collected by Contractor from the customers in addition to the County Urban Service Area Fee. In such event, the amount of such tax collected by Contractor shall not be deemed gross revenues of Contractor for purposes of computing the Franchise Fee payable pursuant to Section 5.04 hereof. SECTION 5.02. COUNTY RURAL SERVICE AREA FEES. (A) During the term of this Agreement, Contractor shall charge the County Rural Service Area Fee to Dwelling Units located in the County Rural Service Area. (8) On the date any change in the Tipping Fee for Household Waste becomes effective, the Waste Disposal Component of the County Rural Service Area Fee will be adjusted to reflect (1) the new Tipping Fee, and (2) an amount equal to the Franchise Fee payable pursuant to Section 5.04 hereof in respect of the increase or decrease resulting from the adjustment of such Tipping Fee. The County agrees to notify Contractor 120 days in advance of any change in the Tipping Fee for Household Waste. (C) On the date any change in the Tipping Fee for Yard Trash becomes effective, the Yard Trash Disposal Component of the County Rural Service Area Fee will be adjusted to reflect (1) the new Tipping Fee, and (2) an amount equal to the Franchise Fee payable pursuant to Section 5.04 hereof in respect of the increase or decrease resulting from the adjustment of such Tipping Fee. The County agrees to notify Contractor 120 days in advance of any change in the Tipping Fee for Yard Trash. (D) If during the term of this Agreement the State of Florida imposes a sales tax on Residential Waste Collection Service, the amount of such tax may be collected by g:\atty\agreemnt\Waste Pro-4 27 "-' ..., Contractor from the customers in addition to the County Rural Service Area Fee. In such event, the amount of such tax collected by Contractor shall not be deemed gross revenues of Contractor for purposes of computing the Franchise Fee payable pursuant to Section 5.04 hereof. SECTION 5.03. RESIDENTIAL BILLING, COLLECTION AND PAYMENTS. (A) Contractor shall be responsible for the billing and collection of County Urban Service Area Fees and County Rural Service Area Fees. Customers shall be billed, in advance, at the beginning of each calendar quarter. Fees shall be deemed delinquent fifteen days after the end of the calendar quarter. Interest shall accrue on delinquent Urban Service Area Fees and County Rural Service Area Fees at the same rate provided in Section 55.03, Florida Statutes. Customers shall not be billed for any services provided in excess of one (1) year from the date the services were provided. (8) To the full extent permitted by law, Contractor is hereby authorized to impose a lien against Residential Property as to which County Urban Service Area Fees or County Rural Service Area Fees are delinquent in the amount of such delinquent Urban Service Area Fee and County Rural Service Area Fee, plus interest to the date of payment. Provided however, Contractor agrees to use its best efforts to collect delinquent fees by means other than the imposition of liens. All liens for delinquent payments shall be imposed within one (1) year of becoming delinquent. In consideration of the payment of One Hundred Dollars ($100.00) by the County to the Contractor, the Contractor agrees to save harmless and assume the defense of and indemnify the County and its officers, employees, contractors and consultants against and from any and all claims, costs, charges and expenses (including without limitation, fees and expenses of attorneys, expert g:\atty\agreemnt\ Waste Pro-4 28 -.... .."J witnesses and other consultants) which may be imposed against the County and their officers, employees, contractors and consultants by reason of any lien imposed by Contractor pursuant to this Section 5.03(B). In case any claim shall be made or action brought against any person or entity in respect of which indemnity may be sought against Contractor, such indemnified person or entity shall promptly notify Contractor in writing setting forth the particulars of such claim or action. The indemnified person or entity shall be entitled to select and retain counsel of his or her choice and Contractor shall be responsible for the payment or immediate reimbursement for all reasonable fees and expenses incurred in the defense of such claim or action. (C) Contractor shall not terminate Residential Waste Collection Service or Recyclable Material Collection Service for non-payment of County Urban Service Area Fees. Uncollectible accounts shall not be the responsibility of the County. No owner or occupant shall avoid the use of, or be excused from the payment of, Residential Waste Collection Service or Recyclable Material Collection Service by virtue of non-payment. (D) On or before October 1,2004, and at the County's request thereafter (which shall not exceed four times per year), Contractor shall provide to the County a copy of the Customer List. The Customer List shall designate the Dwelling Units receiving Back Door Collection Service as handicapped customers and the Dwelling Units receiving Back Door Collection Service upon payment of the Back Door Surcharge. If requested by the County Administrator, Contractor shall provide the Customer List on electronic media in a format compatible with the County's data processing system. SECTION 5.04. FRANCHISE FEES. g:\atty\agreemnt\ Waste Pro-4 29 '-' 'wi (A) To compensate the County for the cost of administration, supeNision and inspection rendered for the effective performance of this Agreement, Contractor shall pay to the County a Franchise Fee equal to four percent of all gross revenues collected or received from its customers within the County Urban SeNice Area and the County Rural Service Area for Residential Waste Collection Service and Recyclable Material Collection Service. For the purposes of determining the Franchise Fee due the County, gross revenues shall encompass all fees charged for Residential Waste Collection Service and Recyclable Material Collection Service, including the Tipping Fee paid by Contractor at any Designated Disposal Facility. (8) Franchise Fees shall be payable monthly in arrears. Any amounts not paid when due shall earn interest at the same rate provided in Section 55.03, Florida Statutes. Adjustments to the Franchise Fees due the County, based upon additional information on the gross revenues revealed by the reporting requirements in Section 6.13 hereof, or otherwise, shall be made from time to time. Any further amounts which may be due County as a result of changes or additional information relating to the gross revenues shall be made with the next monthly payment. SECTION 5.05. NON-AD VALOREM ASSESSMENT PROVISIONS. Notwithstanding any other provision of this Agreement to the contrary, the provisions of this Section 5.05 shall apply during any Fiscal Year for which the County has imposed non-ad valorem assessments against Residential Property located within the County Urban Service Area to fund all cost of Collection Service. (A) The provisions of this Section 5.05(A) shall apply to Collection Service provided in the County Urban Service Area. g:\atty\agreemnt\Waste Pro-4 30 - - ~ ,..I (1) Upon notification from the County that it intends to impose non-ad valorem assessments against Residential Property located within the County Urban Service Area to fund all cost of Collection Service, Contractor will deliver to the County its current County Urban Service Area Customer List and any other information within its control to assist the County with revisions to the Urban Service Area Customer List that are required to facilitate its use as a special assessment roll. Following imposition of the non-ad valorem assessments, the County will be responsible for maintaining the County Urban Service Area Customer List. The County Urban Service Area Customer List will be updated to reflect the Dwelling Units to which Collection Service is to be provided by adding any Dwelling Units for which a new certificate of occupancy is issued and deleting any Dwelling Units which can no longer be occupied due to eminent domain, code enforcement, natural disasterorother reasons. Adjustments to the County Urban Service Area Customer List shall be made within five days after notification by the party discovering the need for adjustment. (2) Effective October 1 of any Fiscal Year for which the County has imposed non-ad valorem assessments against Residential Property located within the County Urban Service Area to fund the cost of the Residential Waste Collection Component, the Recyclable Materials Collection Component, the Waste Disposal Component and the Yard Trash Disposal Component, the County agrees to pay Contractor for providing Collection Service to property located within the County Urban Service Area. Beginning on the fifteenth day of November and the fifteenth day of each month thereafter, the County agrees to pay the Contractor for services g:\atty\agreemnt\Waste Pro-4 31 -- -- '-' ~ provided in the prior month in the amount of $12.94 per each Dwelling Unit on the County's Urban Service Customer List as of the last day of the immediate prior calendar month, less the four percent Franchise Fee imposed pursuant to Section 5.04. The amount to be paid each month, less the Franchise Fee, will be $12.42 ($12.94 - .52 = $12.42). Contractor shall be solely responsible for billing and collecting the Back Door Surcharge. (3) Amounts payable to Contractor pursuant to this Section 5.06 shall constitute "gross revenue" for purposes of computing the Franchise Fee. (B) This Section 5.05 shall not affect any terms of this Agreement related to the provision of Residential Waste Collection Service in the County Rural Service Area. ARTICLE VI OPERATIONS SECTION 6.01. OFFICE. (A) Contractor shall maintain an office within the County where complaints can be received. It shall be equipped with sufficient telephones, and shall have responsible person in charge during collection hours and at minimum shall be open during normal business hours, 8:00 a.m. to 5:00 p.m. Monday through Friday and at all other times that service is being provided. All telephone numbers used by Contractor shall allow for toll free use for any call originating from within the County. Any call received after hours shall be recorded electronically and returned prior to noon of the next business day. (B) During normal business hours, Contractor shall allow the County to inspect and copy all records, papers, letters, or other documents related to Contractor's performance of this Agreement. g:\atty\agreemnt\ Waste Pro-4 32 '-' ~ SECTION 6.02. HOU RS FOR SERVICE. Residential Waste Collection Service and Recyclable Material Collection Service shall be provided between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday. The hours of Collection Service may be extended due to extraordinary circumstances or conditions with the prior consent of the County Administrator. SECTION 6.03. ROUTES AND SCHEDULES. Contractor shall provide the County Administrator, in a format acceptable to the County Administrator, the schedules of all routes for Residential Waste Collection Service and Recyclable Material Collection Service and keep such information current at all times. In the event of a permanent change in routes or schedules that will alter the day of pick-up, Contractor shall immediately notify the customer affected in writing or other manner approved by the County Administrator not less than two weeks prior to the change. SECTION 6.04. HOLIDAYS. (A) The dates on which the County observes the following holidays shall be holidays for Contractor: Thanksgiving Day, Christmas Day and July 4th. Contractor is not required to provide Residential Waste Collection Service, Recyclable Material Collection Service or maintain office hours on the holidays set forth above. (8) Contractor is not required to make up Residential Waste Collection Service or Recyclable Material Collection Service that is not provided on Thanksgiving Day and July 4th; provided however, that (1) Residential Waste Collection Service for Household Waste shall be provided at least one time during each week, and (2) Recyclable Material Collection Service shall be provided at least one time during each two week period. Residential Waste Collection Services and Recyclable Material Collection Services that are g:\atty\agreemnt\ Waste Pro-4 33 '-t ~ not provided on Christmas Day will be provided on the next regularly scheduled collection day immediately following Christmas Day. SECTION 6.05. CONTRACTOR PERSONNEL. (A) Contractor shall assign qualified persons to be in charge of the operations within the County Urban Service Area and the County Rural Service Area and shall provide the name of each person to the County Administrator. (8) Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. (C) Contractor shall bear the responsibility for verifying the employment status, under the Immigration Reform and Contract Act of 1986, of all persons it employs in the performance of this Agreement. (D) Contractor's collection employees and field supervisors shall wear a uniform or shirt bearing the name of Contractor. (E) Each driver of a collection vehicle shall at all times carry a valid Florida driver's license for the type of vehicle that is being driven. (F) Contractor's name and office telephone number shall be prominently displayed on all vehicles used to collect Residential Waste and Recyclable Material and on all vehicles used by field supervisors. Contractor shall provide the County at all times g:\atty\agreemnt\ Waste Pro-4 34 ~ ....", with a current list of the vehicles used for Residential Waste Collection Service and Recyclable Material Collection Service. (G) Contractor shall provide operating and safety training for all personnel. (H) Contractor's employees shall treat all customers in a polite and courteous manner. SECTION 6.06. COLLECTION EQUIPMENT. All equipment used to fulfill this contract shall be new at the institution of services. All vehicles shall be new rear or side loaded vehicles. Contractor shall have on hand at all times and in good working order such equipment as shall permit Contractor to adequately and efficiently perform the contractual duties specified in this Agreement. Contractor's proposal to enter into this Agreement included a list of the specific equipment to be used by Contractor in its provision of Collection Service hereunder. The parties agree that the equipment list is made a part hereof by reference and may not be changed without prior written approval by the County Administrator. All collection equipment shall be kept in good repair, appearance, and in a sanitary, leak-proof, clean condition at all times. Contractor shall have available sufficient reserve equipment to provide the service within the hours and days of collection required hereunder. Such reserve equipment shall correspond in size and capacity to the equipment used by Contractor to perform its contractual duties. Equipment is to be painted uniformly with the name of Contractor, business telephone number and the number of the vehicle in letters not less than 3 inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except for events sponsored by the County, which shall be advertised on request. g: \atty \agreemnt \ Waste Pro-4 35 "-' '-" SECTION 6.07. COMPLAINTS. (A) All service complaints shall be directed to Contractor unless otherwise directed by the County Administrator. The County Administrator shall notify Contractor of each complaint communicated to the County. All complaints shall be immediately recorded on a complaint log by Contractor. Contractor shall provide a substantive response to each complaint within 24 hours after it is received by Contractor. When the complaint is received after 12:00 noon on a Saturday orthe day preceding a holiday, as specified in this Agreement, a substantive response shall be made by Contractor no later than the next regular working day. Each complaint shall be fully resolved within 96 hours after it is received by Contractor. (8) Contractor shall supply the County Administrator on a monthly basis with a typed statement of all oral or written complaints (including copies of written complaints received) on a complaint form or other written format approved by the County Administrator, from any source and whether or not received and forwarded to Contractor by the County. Such statement shall be in the format approved by the County indicating the date and hour of inquiry or complaint receipt, the nature of the complaint; if received on the day preceding a holiday or a weekend, it shall be addressed on the next working day if a resolution cannot be reached on the date of receipt. Contractor shall provide the County Administrator with a full explanation of the disposition of any complaint involving a claim of damage to persons or property as the result of actions of Contractor or its employees or agents. Contractor shall provide individual written notice to all of its Residential Waste Collection Service and Recyclable Material Collection Service customers about complaint procedures, rules and regulations, and days of collection on g:\atty\agreemnt\Waste Pro-4 36 - '-" ....,J an annual basis and whenever there is a change in service, days of collection or other procedures. Such notice materials must be approved by the County Administrator prior to distribution. The County may from time to time contact customers directly regarding the quality of service and the disposition of complaints. SECTION 6.08. QUALITY OF PERFORMANCE OF CONTRACTOR. (A) It is the intent of the County to ensure that Contractor provides a high quality level of Collection Service. To this end, all complaints received by the County Administrator and reported to Contractor shall be promptly resolved pursuant to the provisions of this Agreement. I n the event legitimate complaints, as determined by the County Administrator, shall exceed one percent of the total customers including those billed by Contractor, within the County Urban Service Area and the County Rural Service Area during any Fiscal Year, or one-quarter of one percent of the total customers including those billed by Contractor, during anyone calendar month, the County Administrator may levy administrative charges for those complaints as set forth in Sections 6.08(A)(1) and 6.08(A)(2) hereof which exceed the percentage levels specified herein. (1) Failure to clean-up $10.00 per incident per location. spilled Residential Waste and Recyclable Material; (2) Failure or neglect to collect $50.00 per incident per location. Solid Waste or Recyclable Material from any premises at or within the times specified within this Agreement; g: \atty\agreemnt\ Waste Pro-4 37 \..i - ~ (B) For performance failures by Contractor as specified in Sections 6.08(8)(1) through (7) hereof, the County Administrator may levy administrative charges as follows: (2) (3) (4) (5) (6) (7) (1 ) Failure or neglect to complete each route on the regular Service Day; $1,000.00 for each route not completed each day. $1,000.00 per vehicle incident per day. $1,000.00 per day per incident. $100.00 per day per incident. $25.00 per incident per location. $100.00 per day per incident. $25.00 per day per incident. (C) The County Administrator may assess administrative charges pursuantto this Failure to keep vehicles and equipment in good repair and maintained in clean, safe, and sanitary manner; Failure to have vehicle operators properly licensed; Failure to maintain office hours in the manner specified in this Agreement; Failure to replace or repair any container damaged as specified in this Agreement; Failure to file and keep current all documents and reports required by this Agreement; Failure to resolve any complaint as specified in this Agreement. Section 6.08 on a monthly basis in connection with this Agreement and shall at the end of each month during the term of this Agreement notify Contractor and the Board in writing of the administrative charges assessed and the basis for each assessment. In the event Contractor wishes to contest such assessment it shall provide written objections to each contested assessment or charge and, within five days after receiving such monthly notice, g: \atty\agreemnt\ Waste Pro-4 38 '-" ...., request in writing an opportunity to be heard and present its written defense to such administrative assessment. If the County Administrator and Contractor cannot agree on the contested assessment within ten days after receipt of Contractor's written defense, the County Administrator shall forward Contractor's written objection and defense to the Board for consideration and shall notify Contractor of the date on which the matter will be considered by the Board. The County shall notify Contractor in writing of any action taken with respect to Contractor's claims and the decision of the Board will be final administrative action. (D) The assessment of administrative charges pursuant to this Section 6.08 is a supplementary remedy and does not replace any other remedies available to the County under this Agreement, or otherwise, for failure of Contractor to provide a high quality level of service. SECTION 6.09. PERMITS AND LICENSES. Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect. SECTION 6.10. SECURITY FOR PERFORMANCE. Contractor shall secure its performance of this Agreement and all obligations arising hereunder either by furnishing a Letter of Credit, as described in Section 6.1 O(A) or by furnishing a Performance Bond, as described in Section 6.10(8). The Letter of Credit or Performance Bond shall be delivered to the County simultaneously with the execution of this Agreement. (A) The Letter of Credit shall be issued by a federally insured and regulated savings and loan association or commercial bank, having offices in the State of Florida, must be rated at least "A" by Moody's Investors Service, Inc. or "A" by Standard and g:\atty\agreemnt\Waste Pro-4 39 "-' ...J Poor's Corporation. The Letter of Credit shall secure the faithful performance of this Agreement and all obligations arising hereunder in the amount of $500,000 and be in substantially the form set forth in Appendix B hereto. The Letter of Credit initially provided shall be valid and remain in effect throughout the term of this contract. It shall thereafter be automatically renewed for successive one year periods unless, at least 60 days prior to the Letter of Credit's date of expiration, the issuer of the Letter of Credit notifies the County in writing by registered mail that the issuer elects not to so renew the Letter of Credit. If at any time the County has been notified that the issuer of the Letter of Credit has elected not to renew the Letter of Credit for a successive period of at least one year and Contractor has failed to deliver to the County a replacement Letter of Credit meeting the standards set forth in this Section 6.1 O(A) or a Performance Bond meeting the standards set forth in Section 6.1 O(B) at least 15 days prior to the date on which the Letter of Credit expires, the County shall be entitled to draw the full amount of the Letter of Credit and hold the funds derived therefrom to secure Contractor's performance of this Agreement. (B) The Performance Bond shall be issued by a surety licensed to do business in the State of Florida, having an office in the State of Florida, and rated A-VII, B-X, or better according to Best's Key Rating Guide. The Performance Bond shall secure the faithful performance of this Agreement and all obligations arising hereunder in the amount of $500,000 and shall be in substantially the form set forth in Appendix C hereto. A Performance Bond provided shall be valid and remain in effect throughout the terms of the contract. It shall thereafter be automatically renewed for successive one year periods unless, at least 90 days prior to its date of expiration, the issuer of the Performance Bond notifies the County in writing by registered mail that the issuer elects not to so renew the g:\atty\agreemnt\Waste Pro-4 40 ~ """" Performance Bond. If at any time the County has been notified that the issuer of the Performance Bond has elected not to renew the Performance Bond for a successive period of at least one year and Contractor has failed to deliver to the County a replacement Performance Bond meeting the standards set forth in this Section 6.1 O(B) or a Letter of Credit meeting the standards set forth in Section 6.1 O(A) not later than 15 days following the County's receipt of such notice, the County, at its sole option, may terminate this Agreement as of the date on which the Performance Bond expires. SECTION 6.11. WORKER'S COMPENSATION INSURANCE. Worker's Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amount not less than $1,000,000 per incident. SECTION 6.12. LIABILITY INSURANCE. (A) Contractor shall, during the term of this Agreement and any extensions hereof, maintain in full force and effect general and automobile liability insurance which specifically covers all exposures incident to Contractor's operations under this contract. Such insurance shall be with a company acceptable to the County, in the broadest form available, in an amount of not less than $5,000,000.00 Combined Single Limit for personal injury, including death, and property damage liability and shall include, but not be limited to, coverage for Premises/Operations Products/Completed Operations, Contractual to support Contractor's agreement or indemnity. All policies shall be endorsed to show the County, a political subdivision of the State of Florida, as an additional insured as its interests may appear, and shall also provide that insurance shall not be canceled, limited or non-renewed until after 45 days written notice has been given to the County. g:\atty\agreemnt\Waste Pro-4 41 \w' ...., (8) Current certificates of insurance evidencing required coverage must be on file with the County at all times. (C) Contractor expressly understands and agrees that any insurance protection furnished by Contractor shall in no way limit its responsibility to indemnify and save harmless County under the provisions of this Agreement. Deductibles shall not exceed $10,000. As to the County's interest therein, no policy shall be invalidated by any act or neglect of, or breach or violation of any warranties, declarations or conditions by Contractor or its agents, and such insurance shall be primary without right of contribution of any other insurance carried by or on behalf of the County. Contractor hereby irrevocably waives all claims against the County for all losses of and damages to property or injuries or death to persons resulting from risks insurable under the insurance described above. SECTION 6.13. REPORTING REQUIREMENTS, BOOKS AND RECORDS. (A) In addition to any other requirements of this Agreement, Contractor shall be required to file pertinent statistical and aggregate cost information pertaining to Residential Waste Collection Service and Recyclable Material Collection Service that is requested by the County to comply with the provisions of Chapter 403, Florida Statutes, and other pertinent laws and regulations. At a minimum, Contractor shall submit a monthly report within ten working days after the last day of each month consisting of the number of Dwelling Units served. (8) The County or its designee shall have the right to review all records maintained by Contractor on 5 days written notice. (C) An annual audit of Contractor's gross revenues collected or received from its customers for Residential Waste Collection Service and Recyclable Material Collection g:\atty\agreemnt\ Waste Pro-4 42 '-" "will Service and the Franchise Fees paid to the County pursuant to Section 5.04 hereof shall be prepared by an independent Florida certified public accounting firm acceptable to the County in accordance with generally accepted accounting principles and shall be delivered to the County at Contractor's expense within 120 days of the 12 month period ending Contractor's fiscal year. Contractor shall establish and maintain at its own expense during the term of this Agreement, a bookkeeping, accounting and record keeping system to facilitate the preparation of said audit and shall preserve for at least 6 years from the date of their preparation, full, complete and accurate books, records and accounts in accordance with generally accepted accounting principles consistently applied and in the form and manner prescribed by the County from time to time. (D) If requested by the County Administrator, Contractor shall provide the Customer List on electronic media in a format compatible with the County's data processing system. SECTION 6.14. USE OF RECYCLED PRODUCTS. When available, Contractor shall procure products or materials with recycled content with respect to work performed or products supplied under this Agreement. A decision to not procure such items must be based on a determination that such procurement is not available within a reasonable period of time, fails to meet the performance standards set forth in applicable specifications or fails to meet the reasonable performance standards of Contractor or the County. On an annual basis Contractor shall provide the County with a written statement indicating what recycled products were used or supplied in its performance under this Agreement. If a decision was made not to use recycled products, Contractor shall provide the County with a written statement indicating the basis for the decision using the above criteria. g:\atty\agreemnt\ Waste Pro-4 43 '-' ..." SECTION 6.15. POINT OF CONTACT. All dealings, contacts, notices, and payments between Contractor and the County shall be directed by Contractor to the County Administrator unless otherwise specifically provided for herein. SECTION 6.16. INDEPENDENT CONTRACTOR. Nothing herein contained is intended or shall be construed as in any way establishing the relationship of co-partners between the parties hereto, or as constituting Contractor as the agent, representative or employee of the Cou nty for any purpose whatsoever. Contractor is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Contractor shall be solely responsible for the acts and omissions of its officers, employees, agents, or any permitted subcontractors. SECTION 6.17. LOCAL IMPROVEMENTS. County reserves the right to construct any improvement or to permit any construction in any street or alley, which may have the effect of temporarily preventing Contractor from traveling his accustomed route or routes for collection. Contractor, however, by an acceptable method, shall continue to collect the Residential Waste and Recyclable Material to the same extent as though no interference existed upon the streets or alleys formerly traversed. This shall be done without extra cost to the customers. SECTION 6.18. TITLE TO WASTE. Contractor shall have title to all Residential Waste upon its collection; provided, however, that the County reserves the right at all times to elect to hold title and ownership to all or a portion of the Residential Waste collected (except Recyclable Material) by Contractor pursuant to this Agreement. Such election by County shall be in writing signed by the County Administrator. g:\atty\agreemnt\ Waste Pro-4 44 --- ~ '-" .., SECTION 6.19. NEW SERVICE INFORMATION. Approximately one month prior to initiating service, Contractor shall mail, at its own expense, an initial package of service information material to each customer. The customer information package shall be approved by the County Administrator and include (A) the Service Days for Residential Waste, Yard Trash and Recyclable Material, (B) a summary of the customers' responsibilities, (C) the procedure for delivery of a Recycling Bin, and (D) Contractor's customer service telephone number. In addition, Contractor shall mail, at its own expense, new customer information packages shall be mailed whenever a customer name or billing address changes. SECTION 6.20. PROMOTIONAL REQUIREMENTS. (A) The County shall be responsible for the development and production of promotional material, including but not limited to brochures, radio advertisements and newspaper advertisements, to introduce the Residential Waste Collection Service and Recyclable Material Collection Service. In addition, the County shall develop periodic promotional programs to encourage increased participation and enhance public awareness. (B) Contractor agrees to reimburse the County for the cost of development and production of such promotional material; provided however, that Contractor's obligation for reimbursement shall be limited as follows: (1) during the initial calendar year of this Agreement, Contractor's obligation shall not exceed an amount equal to the sum of two percent of Contractor's projected gross revenues from Residential Waste Collection Service and Recyclable Material Collection Service within the County Urban Service Area assuming service to 19,300 Dwelling Units and a ninety-nine percent collection rate, and g:\atty\agreemnt\ Waste Pro-4 45 - ~ J (2) during each subsequent calendar year of this Agreement, Contractor's obligation shall not exceed an amount equal to the sum of two percent of the gross revenues collected or received from its customers for Residential Waste Collection Service and Recyclable Material Collection Service within the County Urban Service Area during the immediate prior calendar year. During any calendar quarter, Contractor's reimbursement obligation shall not exceed fifty percent of the maximum annual reimbursement obligation. Amounts due to the County for reimbursement shall be paid within thirty days of the County's invoice. (C) To expedite timely preparation of the initial campaign, the County may incur costs to develop and produce promotional material prior to the effective date of this Agreement. Contractor will be required to reimburse such amounts upon submission of an invoice by the County on or after the effective date of this Agreement. (D) At the County's request (but not more than once during each calendar quarter), Contractor shall insert packages of promotional material developed and prepared by the County in Recycling Bins placed at the usual accessible pick-up location. (E) Contractor shall also distribute any brochures developed and prepared by the County in the same envelope as the quarterly customer bills. Within thirty days of the effective date of this Agreement, Contractor shall notify the County of a reasonable size and shape of brochures that can be delivered with the quarterly customer bills and a reasonable number of days prior to the quarterly billing date that brochures must be delivered to Contractor. SECTION 6.21. CHANGES IN SCOPE OF COLLECTION SERVICE. From time to time, at the sole option of the County, it may be necessary to modify the scope of g: \atty\agreemnt\ Waste Pro-4 46 '-' 'will the Residential Waste Collection Service and/or Recyclable Material Collection Service to be provided hereunder. In such event, the County will provide notice to Contractor not less than 45 days prior to the proposed effective date. Any change in scope that does not increase Contractor's actual cost shall be implemented on the specified date without modification to this Agreement. If the change in scope does increase Contractor's actual cost, Contractor shall notify the County Administrator within 15 days of the notice and Contractor shall be entitled to an increase in Residential Waste Collection Component and/or Recyclable Material Collection Component ofthe Urban Service Area Fees, County Rural Service Area Fees and City Service Area Fees equal to the incremental increase in its actual cost. If Contractor and County Administrator cannot agree on the incremental increase in actual cost, the Board shall make the determination, which shall be final and binding on Contractor. SECTION 6.22. DISPUTE RESOLUTION. Except as provided in Section 6.21 and to the extent permitted by law, the County Administrator shall be responsible for interpreting this Agreement to resolve disputes that may arise hereunder. The parties agree that any decision rendered by the County Administrator in connection with such matters shall be final and binding upon Contractor, the customer and the County. ARTICLE VII GENERAL PROVISIONS SECTION 7.01. TERM OF AGREEMENT. The term of this Agreement shall be for the period beginning October 1, 2004, and terminating September 30, 2009. g:\atty\agreemnt\ Waste Pro-4 47 '-' '-' SECTION 7.02. NOTICE. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Chairman, Board of County Commissioners County Administrator County Attorney Contractor Waste Pro of Florida, Inc. 101 North U.S. Highway 1, Suite 111 Fort Pierce, Florida 34950 Attention: Robert J. Hyres Vice President-Municipal Contracts SECTION 7.03. DEFAULT OF CONTRACT. (A) The County may terminate this Agreement, except as otherwise provided in this Section 7.03, by giving Contractor thirty days advance written notice, upon the happening of anyone of the following events: (1) If Contractor shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization g:\atty\agreemnt\ Waste Pro-4 48 '-" ."" or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or (2) By order or decree of a Court, Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy law or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty days after the entry thereof, any notice of cancellation shall be and become null, void and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; or (3) By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control or all or substantially all ofthe property of Contractor, and such possession or control shall continue in effect for a period of sixty days; or (4) If Contractor is convicted or found guilty of a Public Entity Crime with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere, and is placed on the convicted vendor list pursuant to Section 287.133, Florida Statutes; or (5) Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or any of the rules and regulations promulgated by the County pursuant thereto or has wrongfully failed or refused to comply g: \atty\agreemnt\ Waste Pro-4 49 ~ '-' "" with the instructions of the County Administrator relative thereto and said default is not cured within thirty days of receipt of written notice by County to do so, or if by reason of the nature of such default, and the same cannot be remedied within thirty days following receipt by Contractor of written demand from County to do so, Contractor fails to commence the remedy of such default within said thirty days following such written notice, or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within thirty days, and (b) that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time). No notice to cure a default shall be required if Contractor fails to perform under Sections 7.03(A)(1), 7.03(A)(2), 7.03(A)(3), 7.03(A)(4), 7.03(8) and 7.03(C) hereof. (8) Notwithstanding anything contained herein to the contrary, if Contractor fails to provide Collection Service for a period of five consecutive scheduled working days the County may secure Contractor's billing records on the sixth working day in order to provide interim Collection Service until such time as the matter is resolved and Contractor is again able to perform pursuant to this Agreement. If Contractor is unable for any reason or cause to resume performance at the end of fifteen working days all liability of the County under this Agreement to Contractor shall cease and this Agreement may be terminated by the County. (C) Notwithstanding anything contained herein to the contrary, in the event Contractor delivers Residential Waste to a facility other than the Designated Disposal Facility, the County may secure Contractor's billing records and this Agreement may be terminated by the County. g:\atty\agreemnt\ Waste Pro-4 50 - - \w '" (0) Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this Section 7 .03, in the event that Contractor's record of performance shows that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of County and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The County shall thereupon issue Contractor a final warning citing the circumstances therefor, and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, County may terminate this Agreement upon the giving of written final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day following the date of the final notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said final notice, Contractor shall proceed to cease any further performance under this Agreement. (E) In the event of the aforesaid events specified in Sections 7.03(A), 7.03(8), 7.03(C) and 7.03(0) hereof and except as otherwise provided therein, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the County under this Agreement to Contractor shall cease, and the County g:\atty\agreemnt\ Waste Pro-4 51 - - \.r' ." shall have the right to collect on the full amount of the Letter of Credit or utilize the Performance Bond and shall be free to negotiate with other contractors for the operation of the herein specified services. For failure to perform, Contractor shall reimburse the County all direct and indirect costs of providing interim Collection Service. The County shall tender to Contractor any funds drawn on the Letter of Credit and not used as provided herein. (F) In the event this Agreement is abandoned by Contractor during the term thereof as a result of Contractor's failure to perform as set forth in Section 7.03(B) hereof, or for any other reason Contractor ceases operations under this Agreement or in the event Contractor delivers Residential Waste to a facility other than the Designated Disposal Facility on more than three different days during any Fiscal Year, in addition to the other remedies provided herein, the County is hereby given the option to purchase all or any part of the equipment owned or leased by Contractor which is currently being used in the performance of services under this Agreement, especially including, but not restricted to, that equipment owned by Contractor and listed on the yearly equipment schedule as required hereunder. (1) The purchase price of such equipment shall be that to be mutually agreed upon by Contractor and the County, but in no event shall the County be required to pay more than the lower of the figures stated as: (a) the fair market value determined from a current appraisal of similar equipment, or (b) book depreciated value. (2) The County shall have sixty days from the time Contractor ceases operations or from the third day on which Residential Waste is delivered to a facility other than the Designated Disposal Facility in which to exercise its option to purchase all or any g:\atty\agreemnt\Waste Pro-4 52 '-' 'wi part of Contractor's equipment, and the purchase price for such equipment shall be withheld or placed in escrow at the County's option until it has been determined that all liens, attachments and obligations which might result in liens or attachments upon such equipment have been fully satisfied. If the County shall find it necessary to pay any such obligations in order to secure equipment subject to this provision, such payments shall be charged against and paid from the purchase price withheld or in escrow, and the escrow agent shall be authorized to make such payments by direction of the County Administrator only. (3) Upon notice given Contractor under this Section 7.03 that the County will exercise its rights under the option to purchase any equipment, Contractor shall immediately give possession and control of such equipment to the County, which shall then become responsible for all care, maintenance and operation of such equipment until the purchase agreement has been made final, or the equipment is returned to Contractor, or other final disposition of the equipment has been made. The County shall make payment to Contractor within 60 days of its possession or control of such equipment. (G) Contractor recognizes that the failure on the part of Contractor to comply with the terms of this Agreement is likely to cause irreparable damage to the County and damages at law would be an inadequate remedy. Therefore, Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Agreement by Contractor, the County shall be entitled to an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and costs incurred in obtaining said equitable relief until such time as a final and binding determination is made by the court. The g:\atty\agreemnt\Waste Pro-4 53 '-' "'" foregoing equitable remedy shall be in addition to, and not in lieu of, all remedies or rights which the County may otherwise have by virtue of any breach of this Agreement by Contractor. The County shall be entitled to seek injunctive relief without the posting of any bond or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Agreement. The County shall also be able to seek injunctive relief to prohibit any act or omission by Contractor or its employees that constitutes a violation of any applicable law, is dishonest or misleading. Contractor expressly consents and agrees that the County may, in addition to any other available remedies, obtain an injunction to terminate or prevent the continuance of any existing default or violation, or to prevent the occurrence of any threatened default by Contractor of this Agreement. SECTION 7.04. INDEMNITY. For the additional consideration of$10 and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the execution of this Agreement, Contractor hereby covenants and agrees 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 ofthe County, even if incident to appellate, post-judgment or bankruptcy proceedings), damage or loss in connection therewith which may be made or asserted by Contractor's employees or agents, 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 anyway incidental to or in connection with its performance hereunder. At the election of the County, Contractor shall contest and defend the County against any such claims of liability against g:\atty\agreemnt\Waste Pro-4 54 \.t "wi the County. The County shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim to the extent it could affect the County financially. This indemnification shall also include any claim or liability arising from or in any way related to actual or threatened damage to the environment, agency costs by investigation, personal injury or death, or damage to property, due to a release, alleged release, or improper handling by Contractor of Hazardous Waste regardless of the merits of the claim. 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 Contractor shall be excluded from Contractor'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 7.04, the term "County" shall be deemed to include the Board 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, reasonable accountants', 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. This indemnity shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. SECTION 7.05. CHANGE OF LAW. (A) The parties understand and agree that changes in law in the future, including, but not limited to, legislative, judicial or administrative changes, which mandate certain g:\atty\agreemnt\ Waste Pro-4 55 - '-" ..."" actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law. (8) To the extent that any current law or any law effective after execution of this Agreement is in conflict with, or requires changes in, the provisions of Collection Service or exclusive rights set out in this Agreement, the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement as a result of a change in law. (C) Except as otherwise expressly provided herein, no remedy herein conferred upon any party is intended to be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. SECTION 7.06. APPLICABLE LAW, JURISDICTION AND VENUE. (A) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (8) The parties to this Agreement expressly consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the State of Florida, whether state, local or federal, and further agrees that venue shall lie in St. Lucie County, Florida. SECTION 7.07. ATTORNEY'S FEES. In the event of any dispute hereunder or of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any manner arising from this Agreement, the g:\atty\agreemnt\ Waste Pro-4 56 - '-' 'wi prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. SECTION 7.08. AMENDMENTS AND WAIVERS. No amendment, supplement, modification or waiver of this Agreement shall be binding unless executed in writing by all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, whether or not similar, unless otherwise expressly provided. Each such amendment, supplement, modification or waiver of this Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County. SECTION 7.09. ASSIGNMENT. No assignment or subcontract of this Agreement or any right occurring under this Agreement shall be made in whole or in part by Contractor without the express written consent of the Board, which consent shall not be unreasonably withheld. Assignment shall include any transfer of 20% or more of stock or control in Contractor. The Board shall have full discretion to approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by Contractor. Any assignment or subcontract of this Agreement made by Contractor without the express written consent of the Board shall be null and void and shall be grounds of the Board to declare a default of this Agreement, and immediately terminate this Agreement by giving written notice to Contractor, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all liability of the County under g:\atty\agreemnt\ Waste Pro-4 57 - \.i """ this Agreement to Contractor shall cease and Contractor shall be deemed to have failed to perform its obligations under this Agreement, and County shall have the right to draw and collect on the Letter of Credit or require performance or indemnification from any surety and shall be free to negotiate with other contractors or any other person or company to provide service to the County Urban Service Area. In the event of any assignment with the consent of County, the assignee shall fully assume all the liabilities of Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Agreement. SECTION 7.10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supercedes all prior and contemporaneous agreements, understandings, negotiations and discussions of the parties, whether oral or written, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as specifically set forth herein. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has caused this Agreement to be executed and delivered as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: g:\atty\agreemnt\ Waste Pro-4 58 - ,-. "'-'" Deputy Clerk (SEAL) By: IN WITNESS WHEREOF, has caused this Agreement to be executed and delivered as of the day and year first above written. WASTE PRO OF FLORIDA, INC. By: President ATTEST: Secretary (SEAL) g:\atty\agreemnt\ Waste Pro-4 59 '-" STATE OF COUNTY OF The foregoing instrument was acknowledged before me by , as President and Secretary of the corporation. They are personally known to me or have produced as identification. WITNESS my hand and official seal, this _ day of """ and on behalf of ,A.D., 2004. Notary Public State of My Commission Expires: g:\atty\agreemnt\ Waste Pro-4 60 '-' '-' APPENDIX A DESCRIPTION OF COUNTY URBAN SERVICE AREA The County Urban Service Area is described as that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the Cou nty from I ndian River Cou nty and ru n southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. A-I ~ - - - \.-r ""'" APPENDIX B FORM OF LETTER OF CREDIT Any Letter of Credit provided under this Agreement shall be in substantially the following form or contain minimally the elements as illustrated hereby and shall in any event be subject to the review and approval of the St. Lucie County Attorney: IRREVOCABLE STANDBY LETTER OF CREDIT NO. [insert Issuer's identifying number] ISSUER: [insert full name and street address of Issuer) (hereinafter "Issuer"). PLACE AND DATE OF ISSUE: [insert address where credit is issued and date of issue.]. PLACE OF EXPIRY: At Issuer's counters DATE OF EXPIRY: This credit shall be valid until September30,2009, and shall thereafter be automatically renewed for successive one year periods unless at least 60 days prior to expiry, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: Waste Pro of Florida, Inc. (hereinafter "Applicant"), 101 North U.S. Highway 1, Suite 111, Fort Pierce, Florida 34950. BENEFICIARY: The Board of County Commissioners, St. Lucie County Florida (hereinafter "Beneficiary") 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Attn: County Administrator AMOUNT: $500,000 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY ADMINISTRATOR, CERTIFYING THAT: [Insert Name of Contractor] has failed to meet or complete the requirements of performance or other obligations under the St. Lucie County Exclusive Residential Collection Service Agreement between Waste Pro of Florida, Inc. and St. Lucie County, dated ,2004 (a copy of which has been filed in the Official Minutes of the Board of County Commissioners and is made a part hereof), or that the Beneficiary has been notified that the Issuer has elected not to renew this Credit for a successive period B-1 ..... - - - \.f "'WJII of at least one year and the Applicant has failed to deliver to the Beneficiary a replacement letter of credit 15 days prior to the Date of Expiry which meets the standards set forth in the aforementioned St. Lucie County Exclusive Residential Collection Service Agreement. DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under [insert name of Issuer) Credit No. [insert Issuer's number identifying this letter of credit), dated [insert original date of issue.) The original letter of credit and all amendments, if any, must be presented for proper endorsement. This letter of credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiarythatdraft(s) drawn under in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice Documentary Credits (1983 Revisions) International Chamber of Commerce Publication No. 400. [Name of Issuer) By: [insert title of corporate officer- must be signed by President, Vice President, or Chief Executive Officer] B-2 ... .. \.,., -- APPENDIX C FORM OF PERFORMANCE BOND - - '-...I' .... - '- .....,¡ FORM OF PERFORMANCE BOND Any Performance Bond provided under this Agreement shall be in substantially the following form or contain minimally the elements as illustrated hereby and shall in any event be subject to the review and approval of the St. Lucie County Attorney: PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Contractor, WASTE PRO OF FLORIDA, INC., 101 North US Highway 1, Suite 111, Ft. Pierce, Florida 34950, a Florida Corporation, hereinafter called Contractor, and , a Florida Corporation, hereinafter called Surety, are held and firmly bound unto St. Lucie County, Florida, hereinafter called County, in the total aggregate penal sum of Five Hundred Thousand Dollars ($500,OOO.00)in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that: WHEREAS, Contractor entered into a certain Exclusive Residential Collection Service Agreement with St. Lucie County, Florida, dated ,2004, (a copy of which has been filed in the Official Minutes of the Board of County Commissioners and is made a part hereof) for residential waste and recyclable material collection service to be performed by Contractor in St. Lucie County, Florida; and WHEREAS, the County has a material interest in the performance of said Agreement. NOW, THEREFORE, if Contractor shall, well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Agreement during the original term thereof, and any extensions thereof, with or without notice to the Surety and thereafter, and if Contractor shall satisfy all claims and demands incurred under this Agreement, and shall fully indemnify and save harmless County from all costs and damages which it may suffer by reason of failure to do so, and shall perform Contractor's duties and responsibilities under the Agreement and reimburse and immediately repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. This Performance Bond shall be valid until September 30, 2009, and shall thereafter be automatically renewed for successive one year periods unless at least 90 days prior to its date of expiration, the Surety notifies the County in writing by registered mail that the Surety elects not to so renew this Performance Bond. [appropriate execution required] C-l -.... 4 /' ITEM Nb"_Òt'~ DATE: 9/28/04 AGENDA REQUEST REGULAR () PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Solid Waste Division Leo J. Cordeiro, Solid Waste Manaqer SUBJECT: Staff requests Board approval for Bid Wavier and sole source declaration to purchase software for the integration of the cashiering module into the current City View application. This will allow the MSBU Division to collect and maintain the non-ad valorem assessment roll as it pertains to new certificates of occupation. The total cost of the module integration and 3 licenses is $24,135. Request Board approval of BudgetAmendment # 04-169 and Equipment Request # 04-277. BACKGROUND: FUNDS AVAILABLE: 401-3410-5993000-300 Operating Reserves Budget Amendment #04-169 will move funds from the Operating Reserves to 401-3410-568000-300 Capital Software. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approve purchase of software for the integration of the cashiering module into the current City View application. This will allow the MSBU Division to collect and maintain the non-ad valorem assessment roll as it pertains to new certificates of occupation. The total cost of the module integration and 3 licenses is $24,135. Recommend Board approve Budget Amendment # 04-169 and Equipment Request # 04-277. COMMISSION ACTION: CONCURRENCE: (XI APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) Originating Dept. ~) CÀ1/ .J~'. Coordination/Sianatures Mgt. & Budget (X) ~ Public Works (X) Purchasing (X) ~ InformationTech (X) ~J Finance: (check for copy, only if applicable)_ '\ ~ '-' ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Works/Solid Waste PREPARED DATE: 9/22/2004 AGENDA DATE: 9/28/2004 401-3410-568000-300 Software $24,135 FROM: 401-3410-599300-300 Reserves $24,135 CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: nla nla nla DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: l/J()JJJó711UJ.-- BA04-169 U) 0::: W~ zo 00 -~ U)M U)O -0 :EN :Eo::: 0« OW » I-...J z«~ :;)oe O~~ Ou.~ w u.o:::~ 000 Cu.« O:::I-~ «U)9 OW.... m:;) >0 I-W zO::: :;)1- OZ OW W:E _a. 0- :;):;) ...Jg . I- U) .. tJ)tJ) ww » >< ë w o z .. wO :Ew :E> o~ Oe. we. 0::« ~ - e: Q) >-E ..0 (J "0 (J Q) Q) .t:! ~ = co :;E g>~ .- 0 Q)- ..0 co e: > 0"0 :.¡:¡ co ~ C: = 0 Q.e: Q.Q) CO..c: ~- Q)õ ~Q) ~ g ü co _ e: e: Q) Q)'E I:: tU i3 E Q)"O ..c: e: - co .Be: .£ 0 Q)t$ - Q) ::J_ -go E ~ e>..c: .£ :: :>. .~ .E g ..c: ~ co (J0Q. ~ = i3 co u ~=o -~...... ...... Q) 0 o .... (J e: co Q) O~- .- co rno.g æ(Jt .8 .~ Q) e: ..c: U 'ã) I- ~ :5ui~ ....'Eo .EQ)- (J E (J .- t:: .£ Q) co co .... Q. t:: co Q) Q) ~O2- o ~.- (J e: (J (J ::J co .- 0- ¡::Üe o o ('I) I o o o eX) co LO I o ~ ..". ('I) I ~ o ..". :it I- Z :::I o o ~ 1'0- 1'0- C\I I ..". o a LU ð w 0:: I- Z w :E e. :::I a w .... ... -.. - ST" L '.Ire E COUt·H'/ EN~. 7"72 4822882 Ø8/21/Ø4 Ø8'C:)4F',m P. ØØl '- ""'" r'~' \~fill,;,~ \1 un,I;ç~H~.~ 21'\ September, 2004 St. Lucie County 2300 Virginia Avenue Ft. Pierce, F'L 34982 ATTENTION: Dennis Grim Dear Dermis, RE: CitvView Cashierioe: Module Based on our discussions I am happy to provide a quotation for the supply and integration of the Cashiering Module into your cunent CityView application. 1. 2. 3. 4. Item Module: Integration: Modifications to current SY¡Jtem: 3 Add1tionat Licenses Cost $4,995 $5,400 $1,350 $12,390 Total: $24,135 Please note that the modifications to current systems are based on a 10- hour estirnate and may change once the final specifications are known. A demonstration of the cas1ùedng module is being planned for sometime next week. Thank you for your continued support of CityView. Yours truly, ~~ 0~ ~."4 David Saxton Municipal Software CQl·poratiol1. Snite 1101,4464 Ma:-kharn Street. Vic'oria. a'it!sh Cohunbia, Canada V8Z 7X8 Telephone: (250) 475·6600 Facsimile: (250) 475-6080 Toll Free: )·800-665.·5647 13·M3'!: DSaxtol1@MuníclpalSoftwar,'com ~ ~'-1 '-' vi AGENDA REQUEST ITEM NO. c-4A ... . .. ... -- DATE: September 28, 2004 REGULAR [ PUBLIC HEARING [ CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: $347,540 Howard Computer Lease Program BACKGROUND: The Board entered into an agreement with Howard Industries and SunTrust Leasing Corporation to replenish numerous computers within the county departments, Constitutional Officers, the Court Administrator and a few outside agencies. The Board subsequently approved additional computer purchases under the program. Budget Resolution 04-264 recognizes this additional and unanticipated revenue and establishes the budgets which will enable the various entities to purchase the new equipment. A SunTrust Loan in the amount of $626,539.48 was obtained which included $279,000 loan proceeds budgeted for Information Technology for FY04 leaving a balance of $347,539.48 to be budgeted. FUNDS ARE AVAILABLE: See attached Budget Resolution No. 04-264 PREVIOUS ACTION: August 14, 2001 - Board accepted the proposal dated August 8, 2001, from SunTrust Leasing Corporation to finance the Howard Computers Lease contract. December 11, 2001 - Board approved the Fifth Addendum, Six Addendum and Seventh Addendum to the contract with Howard Industries dated August 8, 2001, allowing for the purchase of additional computers. February 12, 2002 - Board approved Budget Resolution 02-66 establishing the debt repayment budget for the additional computers. February 26, 2002 - Board approved Budget Resolution 02-071 recognizing loan proceeds from SunTrust Bank for the purpose of funding the Howard Computer Lease Project. May 27, 2003 - Board approved Budget Resolution 03-127 recognizing loan proceeds from SunTrust Bank for the purpose of funding the Howard Computer Lease Project. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No. 04-264 recognizing the capital lease proceeds and establishing the budget within the numerous funds. 1 attachment: Budget Resolution 04-264 G:\BUDGElìWP\AGENDA'S\AGENDA04\9'28'04HOW ARD'LEASE.DOC '-' ..J COMMISSION ACTION: CONCURRENCE: !XI APPROVED [] DENIED [ J OTHER: County Attorney: XX 9;x. Approved 5-0 Coordination/Signatures Management & Budget: ~Purchasing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) XX G:IBUDGE1ìWP\AGENDA'S\AGENDA04\9'28'04HOW ARD'LEASE.DOC ~ \.r ...,J RESOLUTION NO. 04-264 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of loan proceeds from SunTrust Bank for the purpose of funding the Howard Computer Lease Project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 28th day of September 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the County's budget is hereby amended as follows: REVENUES 001-0000-383100-000 101-0000-383100-000 102-0000-383100-000 107-0000-383100-000 145-0000-383100-000 471-0000-383100-000 491-0000-383100-000 611-0000-383100-000 Capital Lease Proceeds Capital Lease Proceeds Capital Lease Proceeds Capital Lease Proceeds Capital Lease Proceeds Capital Lease Proceeds Capital Lease Proceeds Capital Lease Proceeds 179,038 13,760 38,082 54,396 8,600 1,720 46,749 5,195 Total Revenues $347,540 APPROPRIATIONS 001-11104-564000-100 001-1210-564000-100 001-1225-564000-100 001-1301-564000-100 001-1330-564000-100 001-1410-564000-100 001-1530-564000-100 001-1515-564000-100 001-19301-564000-100 001-1955-564000-100 001-3715-564000-300 001-3920-564000-300 001-6420-564000-600 001-7110-564000-700 001-7210-564000-700 001-7216-564000-700 001-7216-564000-7102 001-7216-564000-7104 001-7220-564000-700 001-7420-564000-700 001-7310-564000-700 001-7910-564000-700 001-9950-571100-800 001-9950-573000-800 001-9950-573100-800 Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Debt Service-General Fund Paying Agent Fees Additional Exp-Bond 1,720 1,720 1,720 1,720 1,720 1,720 3,463 1,732 3,440 11,919 2,146 3,440 1,720 67,932 3,440 1,720 3,440 3,440 1,720 1,720 2,146 1,720 46,580 3,500 3,500 G:\BUDGElìWP\AGENDA'S\AGENDA04\9'28'04HOW ARD'LEASE.DOC f ., .- ~ 101-4108-564000-400 101-4109-564000-400 101-4110-564000-400 101-4115-564000-400 102-1510-564000-100 102-15101-564000-100 102-1520-564000-100 107-602-564000-6000 145-6230-564000-600 471-3600-564000-100 491-2415-564000-200 611-5210-564000-500 Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Machinery & Equipment Total Appropriations """ 3,440 5,160 3,440 1,720 24,241 6,926 6,915 54,396 8,600 1,720 46,749 5,195 $34 7,540 l After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 28TH DAY OF SEPTEMBER, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGEn WP\AGENOA'S\AGENOA04\9'28'04HOW ARO'LEASE.DOC - /.# '- ,.",,¡ ~ AGENDA REQUEST -..........."'...........""""..,.'.'....'... , . .... ," ! . .. ,. - ITEM NO. C-4B DATE: Sept. 28, 2004 REGU LAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 04-283 to establish the budget for the $650,000 loan proceeds for the Sports Complex. BACKGROUND: On September 2(,2004, the St. Lucie County Board of County Commissioners approved a resolution providing for a revolving bank loan/line of credit from SunTrust Bank. The loan, in a principal amount not to exceed $650,000, would finance a portion of the cost of acquisition and construction of certain capital improvements to the County's Sports Complex. Security for the repayment of the loan would be the revenues received from 100% of the fourth and 67% of the fifth cent tourist development tax levied and collected within the County. Neither the faith and credit nor the ad valorem taxing power of the County is pledged to secure the loan. A budget resolution must be approved by the Board appropriating these unanticipated revenues for the current fiscal year 2003-04. The attached Budget Resolution 04-283 will accomplish this in accordance with Florida Statutes. FUNDS AVAilABLE: See attached Budget Resolution 04-283 PREVIOUS ACTION: See above RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 04-283 establishing the budget for the $650,000 loan proceeds for the Sports Complex. Coordination/Sianatures COMMISSION ACTION: [... APPROVED [] DENIED [-1 OTHER: Approved 5-0 County Attorney: XX L~' Management & Budget: XX Ù.f) flJtJiìpurchaSing: Orig Dept: Central Services: Finance: (Check for Copy only, if applicable) 1 Other: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 561-462- 1777 or TDD 561-462-1428 at least forty-eight (48) hours prior to the meeting. ~. """ RESOLUTION NO. 04-283 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a revolving bank loan I line of credit in the amount not to exceed $650,000 from SunTrust Bank. Proceeds from the loan will be used to finance a portion of the cost of acquisition and construction of certain capital improvements to the County's Sports Complex. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 28th day of September, 2004, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2003-2004, and the County's budget is hereby amended as follows: REVENUES 362-75201-384200-700 APPROPRIATIONS 362-75201-563000-700 Proceeds from Loan $650,000 Improvements other than Buildings $650,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John Bruhn, Vice Chairperson Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED THIS 28th DAY OF SEPTEMBER, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY \wr ..., S SQUIRE vWDERS LEGAL COUNSEL WOR.LDWIDE SQUIRE, SANDERS & ÐEMPSEYL.L.P. MEMORANDUM To: Board of County Commissioners of S1. Lucie County, Florida From: Robert O. Freeman Date: September 9, 2004 Re: Resolution Authorizing Term Loan to Provide Financing for Sports Complex Improvements The attached resolution provides for approval of a revolving bank 10an/1ine of credit ("loan") from SunTrust Bank. The loan, in a principal amount not to exceed $650,000, would finance a portion of the cost of acquisition and construction of certain capital improvements to the County's Sports Complex. The docum~ntation for this loan consists of a Loan Agreement between the County and SunTrust Bank; similar in form to documentation the Board approved for the loan for the Thomas 1. White Stadium improvements financing last year. Security for the repayment of the loan would be the revenues received from 100% of the fourth and 67% of the fifth cent tourist development tax levied and collected within the County pursuant to Section 125.0104(3)(1), Florida Statutes and County Ordinance 02-36, on a parity with the County's outstanding Tourist Development Tax Revenue Bond, Series 2003 (2003 Thomas 1. White Stadium Project). Neither the faith and credit nor the ad valorem ta.xing power of the County is pledged to secure the loan. cc: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Marie Gouin, Management and Budget Director Christann K. Hartley, Finance Director I0916.1/28902-00115/M-BOARD 2 .' '-' ....¡ RESOLUTION NO. 04-265 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE SPORTS COMPLEX AND RELATED FACILITIES; PROVIDING FOR THE BORROWING OF NOT EXCEEDING S650,000 ON A REVOLVING ,. BASIS FROM SUNTRUST BANK, TO PAY A PORTION OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF A TOURIST DEVELOPMENT TAX REVENUE BOND, SERIES 2004 (SPORTS COMPLEX PROJECT) TO EVIDENCE THE COUNTY'S OBLIGATION TO REPAY SUCH AMOUNT; PROVIDING FOR THE EXECUTION AND DELNERY OF A LOAN AGREEMENT IN CONNECTION THEREWITH; PROVIDING FOR PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BOND FROM THE FOURTH CENT TOURIST DEVELOPMENT TAX AND A PORTION OF THE FIFTH CENT TOURIST DEVELOPMENT TAX; AND MAKING CERTAIN COVENANTS IN CONNECTION THEREWITH; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE BOND; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority For This Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, and Chapter 159, Part vn, Florida Statutes, Ordinance No. 87-77 of St. Lucie County, Florida (the "County"), as amended, and other applicable provisions of law (collectively, the "AcC), and Resolution No. 03-195, adopted by the Board of County Commissioners on August 26, 2003 (the "Original Resolution"), which authorized the issuance of the Series 2003 Bond (herein defined), pursuant to a Loan Agreement authorized thereby, between the County and SunTrust Bank, dated September 10, 2003. This resolution is supplemental to the Original Resolution. Section 2. Definitions. Capitalized terms used in this resolution shall have the following meanings unless the context clearly requires othervvise. Words importing singular numbers shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Loan Agreement. "Bank" means SunTrust Bank, a bank organized under the laws of the State of Georgia, acting by and through its office in Orlando, Florida. "Board" means the Board of County Commissioners of the County, as the governing body of the County. .. \wt. ...., "Bond" means the Tourist Development Tax Revenue Bond, Series 2004 (Sports Complex Project), of the County, in substantially the form attached to the Loan Agreement as Exhibit A with such modifications or changes thereto as may be necessary or desirable, in the opinion of the County Administrator, upon the advice and recommendation of the Financial Advisor, the County Attomey, and Bond Counsel, to conform to terms thereof to the terms of the Commitment or to secure for the County any additional rights or privileges not inconsistent with the tenus of the Commitment, such approval to be presumed by the execution and delivery thereof by the County to the Bank. "Bond Counsel" means Squire, Sanders & Dempsey L.L.P. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice- Chairman. "Clerk" means the Clerk of the Circuit Court, ex officio Clerk of the Board, or in the Clerk's absence, any Deputy Clerk. "Commitment" means the Commitment for the making of the Loan submitted to the County by the Bank and attached to the Loan Agreement as Exhibit B. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County or his designee. "County Attorney" means the County Attorney of the County or, in his absence, any Assistant County Attorney. "Financial Advisor" means RBC Dain Rauscher Inc., Orlando, Florida. "Fifth Percent Tourist Development Tax" means the proceeds of the fifth percent tourist development tax levied and collected within the County pursuant to the provisions of Section 125.0104(3)(n)1, Florida Statutes, and County Ordinance No. 02-36, enacted by the Board on December 17,2002, when, as and if remitted to and received by the County. "Fourth Percent Tourist Tax Revenues" means the proceeds of the fourth percent tourist development tax levied and collected within the County pursuant to the provisions of Section 125.0104(3)(1), Florida Statues, and County Ordinance No. 02-36, enacted by the Board on December 17,2002, when, as and if remitted to and received by the County. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the agreement between the Bank and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Attachment I with such modifications or changes thereto as may be necessary or desirable, in the opinion of the County Administrator, upon the advice and recommendation ofthe Financial Advisor, the County Attorney, I0907.1/28902.00115/R.AUTH 2 \w- ....." and Bond Counsel, to conform the tenns thereof to the tenns of the Commitment or to secure for the County any additional rights or privileges not inconsistent with the terms of the Commitment, such approval to be presumed by the execution and delivery thereof by the County to the Bank. "Original Resolution" means Resolution No. 03-195, adopted by the Board on August 26, 2003. "Pledged Revenues" means collectively: (i) the Fourth Percent Tourist Tax Revenues, (ii) sixty-seven percent (67%) of the Fifth Percent Tourist Tax Revenues, (iii) the moneys on deposit in the Sinking Fund established pursuant to the Loan Agreement, and (iv) the investment earnings on the moneys on deposit in the Sinking Fund. "Project" means the acquisition and construction of certain improvements in the County as described on Attachment II hereto. "Project Costs" means all or a portion of the cost of undertaking the Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes; payment of interest on the Loan prior to its maturity; and such other costs ~d expenses as may be necessary or incidental to the financing or refinancing of the Project. "Resolution" means, collectively, the Original Resolution, this resolution and all resolutions amendatory hereof and supplemental hereto. "Series 2003 Bond" means the County's Tourist Development Ta.x Revenue Bond, Series 2003 (2003 Thomas 1. White Stadium Project), dated September 10,2003, issued in the aggregate principal amount of $6,055,000. "Series 2003 Loan Agreement" means the Loan Agreement between the County and the Bank, dated September 10, 2003, setting forth the terms of the Series 2003 Bond, including provisions by which additional obligations payable from the Pledged Revenues may be issued. Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) It is necessary and desirable and in the best interests of the health, safety and welfare of the residents of the County that the County undertake the Project. The County is authorized pursuant to the provisions of the Act to undertake the Project. (B) The County is without adequate, currently available funds to pay the Project Costs and it is necessary and desirable and in the best interests of the County and its residents that the County borrow the moneys necessary to pay the Project Costs. The County is authorized pursuant to the provisions of the Act to borrow moneys to pay the Project Costs. 10907.1."~9Q2-00115/R-AUTH 2 ....., ....,¡ (C) The County has received the Commitment from the Bank, a copy of which is attached to the Loan Agreement as Exhibit B. (D) The County hereby finds that acceptance of the Commitment is in the best interest of the County. (E) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its residents to secure the County's obligation to repay the Loan by pledging the Pledged Revenues. The County is authorized pursuant to the provisions of the Act to pledge the Pledged Revenues to repay the Loan. (F) The Pledged Revenues are not pledged or encumbered to pay any debts or obligations of the City other than the City's Series 2003 Bond. The City is authorized pursuant to the provisions of the Act and of the Original Resolution and the Series 2003 Loan Agreement to pledge the Pledged Revenues to secure the payment ofthe Bond. . (G) Section lOF of the Series 2003 Loan Agreement provides for the issuance of additional bonds under the tenns, limitations and conditions provided therein. Upon the issuance of the Bond, the Bond and the Series 2003 Bond shall be on a parity and rank equally as to lien on and source and security for payment from the Pledged Revenues. (H) The obligation of the County to repay the Loan in accordance with the terms set forth in the Bond and the Loan Agreement and to make the other payments, if any, required· under the Loan Agreement is hereby declared to be and shall be a special, limited obligation of the County, secured solely by the Pledged Revenues. The obligation of the County to repay the Bond in accordance with its terms and to make other payments, if any, required under the Bond or the Loan Agreement shall not be or constitute a general obligation or indebtedness of the County and neither the Bond nor the Loan Agreement shall be or constitute a "bond" of the County within the meaning of Article VII, Section 12, Florida Constitution (1968). Neither the Bank nor any successor owner of the Bond shall be entitled to compel the payment of the principal of or interest on the Bond or the making of any payments required under the Bond or the Loan Agreement from any moneys of the County other than the Pledged Revenues. In particular, neither the Bank nor any successor owner of the Bond shall be entitled to compel the levy of ad valorem taxes by the County to pay the principal of and interest on the Bond or to make any payments required under the terms of the Loan Agreement. Furthermore, the obligation of the County to repay the Bond in accordance with its terms and to make the payments, if any, required under the Loan Agreement shall not constitute a lien upon or pledge of an interest in the Project or any other property of the County, but shall constitute a lien only upon the Pledged Revenues. Section 4. Authorization of Bond. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Commitment, the issuance by the County of its Tourist Development Tax Revenue Bond, Series 2004 (Sports Complex Project), in a principal amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000), to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics 10907.1128902.00115'R·AUTH 2 - . '-" ..J as provided in the Loan Agreement and the Commitment, and to be secured solely by the Pledged Revenues, is hereby authorized. Section 5. Approval of Form of and Delivery of Loan Agreement and Bond. The Loan Agreement and the Bond attached thereto, incorporated herein by this reference, are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver such documents and to take such other actions as shall be necessary to consummate the Loan. The delivery of the Bond to the Bank is hereby authorized. The Chairman, the Clerk, the County Administrator, the Management and Budget Director, the Finance Director, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the Bond and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Bond to the Bank, including, but not limited to, modifications to the Loan Agreement and the Bond to conform to or supplement the Commitment. Section 6. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 7. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of this resolution or of the Bond or Loan Agreement delivered hereunder. . Section 8. Amendment. This resolution may not be amended or repealed except with the prior written consent of the Bank. Section 9. Effective Date. This resolution shall take effect immediately upon its adoption. I0907.1128902.00115IR-AUTH 2 ...... ...,,; Passed And Adopted at a meeting duly called and held this 14th day of September 2004. ST. LUCIE COUNTY, FLORIDA By: Chair, Board of County Commissioners ATTEST: Clerk of the Circuit Court, ex officio Clerk to the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 10907.1128902-00IIS/R-AUTH 2 .' ~ ....; ATIACHMENT I FORM OF LOAN AGREEMENT 10907.1128902.ooIISiR-AliïH 2 - . ~. Total Item '-' ATIACHMENT II PROJECT DESCRIPTION1 Cost $ I Project list contains all items to be fmanced with Bond proceeds or other available moneys to the extent that Bond proceeds are insufficient therefor. 10907.1128902-00IIS/R-AUTH 2 ,. '-' .." " ". , AGENDA REQUEST ITEM NO. C-5-A DATE: September 28,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] St. Lucie County INTERNATIONAL AIR oíÌ F/ô"iðâisr¡:éåsi.1féCöåst TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Budget Resolution 04-271 Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA 412401) for $3,948.00 for Perimeter Fencing BACKGROUND: The airport continues to secure the airport property with fencing. The past five years the Board has approved fencing projects at St. Lucie County International Airport to secure the airport land. The airport has secured 80% of the property with fencing. This grant will assist in the continuation of securing the airport. The local match is $3,948.00 the Florida Department of Transportation (FDOT) Joint Participation Grant Agreement is for $3,948.00 and the FAA will fund $150,000.00 making the project total $157,896.00. FUNDS AVAILABLE IN ACCT#: Matching funds in the amount of$3,948.00 are available in the airport reserve account 140-4210-599330-400 PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Budget Resolution # 04-721 for the Florida Department of Transportation (FDOT), Joint Participation Agreement (JP A) this FDOT grant provides for $3,948.00 ofthe $157,896.00 project total. COMMISSION ACTION: CONCURRENCE: KAPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: Reviews & Approvals. t1, . County Attorney: l" OMB~purchaSmg Originating Dept: J"-' L- Other: Other: Finance: (Check opy nly, if applicable) .- , /' /. '-" ""'" RESOLUTION NO. 04-271 WHEREAS, subsequent to the adoption of the budget for the S1. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Florida Department of Transportation in the amount of $3,948 as additional funding for the Installation of Perimeter Fencing at the S1. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the S1. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 28th day of September, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the S1. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 140338-4220-334411-48005 Florida Department of Transportation $3,948 APPROPRIATIONS 140338-4220-563000-48005 Improvements OIT Buildings $3,948 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 28th DAY OF SEPTEMBER, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~. t ' , ~ ....I .. AGENDA REQUEST ITEM NO. C-5-B DATE: September 28, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] St. Lucie County d INTERNATIONAL AIRPORT on Florida's Treasure Còast TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Budget Resolution 04-281 for Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA 407701) for $200,000.00 for Drainage Improvements BACKGROUND: The airport has approximately 100 acres of pavement used as landing surfaces and parking aprons for aircraft at the airport. The original design of the storm water system associated with this pavement called for the sheet flow of storm water across the pavement and into the collection ditch system and then into the storm water ponds. Due to the rapid development of hangars at the airport, the existing storm water systems have not been able to accommodate the increased stomi water. These grant funds will enable improvement to the drainage system at the airport. The local match for this project is $50,000.00 the Florida Department of Transportation (FDOT) Joint Participation Grant Agreement is for $200,000.00 making a project total of $250,000.00. FUNDS AVAILABLE IN ACCT#: Matching funds of S50,000.00 are available in the Airport Project Reserve account (140-4210-599330-400). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the budget resolution # 04-281 for Florida Department of Transportation (FDOT) Joint Participation Agreement. This FDOT grant provides for the $200,000.00 of the $250,000.00 project total. COMMISSION ACTION: MAPPROVED []DENIED Approved 5-0 [ ]OTHER: Reviews & Approvals W County Attorney: ¡/ ð. OMB _~ Originating Dept:W~ Other: Finance:(Check for Copy only, if applicable) CONCURRENCE: t"frv\q Purchasing Other: ,- ",," J '-" ,..." RESOLUTION NO. 04-281 WHEREAS, subsequent to the adoption of the budget for the S1. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Florida Department of Transportation in the amount of $200,000 as additional funding for Drainage Improvements at the S1. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the S1. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 28th day of September, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the S1. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 140339-4220-334411-48008 Florida Department of Transportation $200,000 APPROPRIATIONS 140339-4220-563000-48008 Improvements orr Buildings $200,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 28th DAY OF SEPTEMBER, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY - '--' ...", K It'' 51. Lucie County INTERNATIONAL AIJ on Ffôrì8âíSffêásùrèÙó AGENDA REQUEST ITEM NO. C-5-C DATE: September 28, 2004 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] ",t( SUBMITTED BY: Airport PRESENTED BY: Paul A. Phillips TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Budget Resolution 04-282 for the Florida Department Transportation (FDOT) Joint Participation Agreement (JP A 412400) in the amount of$152,000.00 for the installation of perimeter fencing. BACKGROUND: The FDOT has issued this JP A to support the Airports continued efforts to install fencing for the safety of the Airport users. This JP A will enable the Airport to begin a final fencing design stage. The local match for this grant is $38,000.00 and the FDOT Joint Participation Grant Agreement (JP A) is for $152,000.00 making the project total $190,000.00. FUNDS AVAILABLE IN ACCT#: Matching funds of $38,000.00 are available in the Airport Project Reserve account (140-4210-599330-400) PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the budget resolution # 04-282 for Florida Department of Transportation (FDOT), Joint Participation Agreement (JPA). This FDOT grant provides for $152,000.00 of the $190,000.00 project total. COMMISSION ACTION: CONCURRENCE: "APPROVED []DENIED Approved 5-0 [ ]OTHER: Reviews & Approvals ~/ County Attorney: V! OMB JltfL.-- mrtí'1Purchasing Originating Dept: f/¡f r;jvvú~ Other: .. '~bther: Finance:(Check fdr Copy ðnly, if applicable) \....- "'" " ;Ç" RESOLUTION NO. 04-282 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Florida Department of Transportation in the amount of $152,000 for the Installation of Perimeter Fencing at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 28th day of September, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 140337-4220-334411-48005 Florida Department of Transportation $152,000 APPROPRIATIONS 140337 -4220-563000-48005 Improvements OIT Buildings $152,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 28th DAY OF SEPTEMBER, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY - - "" ',... ~ ...." ITEM NO. ¿, AGENDA REQUEST DATE: Sept. 28. 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS pq:z:- P.M. Bowers Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff requests that the Board approve a reduction in the Letter of Credit for the Seminole Tribe of Florida. The original Letter of Credit is $1,360,442.03 and the new Letter of Credit would be for $650,000.00 as a result of payments made to 81. Lucie County. FUNDS AVAILABLE: N/A PREVIOUS ACTION: S1. Lucie County Utilities Developer Water and Wastewater Service Agreement, April, 2003. RECOMMENDATION: Staff recommends that the Board approve a reduction in the Letter of Credit for the Seminole Tribe of Florida. The new Letter of Credit will be $650,000.00. COMMISSION ACTION: KAPPROVED 0 DENIED ~ :'ri"OTHER: Approved 5-0 Cf¡", c· Review and Approvals ~unty Attorney. ¡fi " "",nagement and Budget, /fIO ~ 0 Purchasing, ~riginating Dept:~ 0 Other: 0 Other: ~inance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. J",. .. \.-r .."" UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Utility Director~ TO: DATE: September 28, 2004 RE: SR-70 Water Main - Seminole Tribe of Florida BACKGROUND: In April, 2003, the Seminole Tribe of Florida entered into a Developer Water and Wastewater Service Agreement providing a Letter of Credit in the amount of $1,360,442.03. The Seminole Tribe of Florida has requested in writing that we approve the reduction of the Letter of Credit to $650,000.00 as a result of previous payments made to S1. Lucie County. RECOMMENDATION: Staff recommends that the Board approve a reduction in the Letter of Credit for the Seminole Tribe of Florida. The new Letter of Credit will be $650,000.00. - @002l002 09/15/2004 WED Ii: 11 FAX 9549873475 seminole tribe ~ MITCHELL CYPRESS Cbairman MOSES B. OSCEOLA Vwe Chairinan PRlSClLLAU;SAYEN Secretary MICHAEL D. TIGER Tœasurcr September 15,2004 St. Lucie County FJorida Attn.: Kaye Merritt 2300 Virginia Avenue Ft. Pierce, FL 34982 ."" SEMINOLE TRIBE OF FLORIDA SUSIE KIPPENBERGER Director ofUtllitics 3302 Phone: {954) ~300, Ext. 1112 Pbone: (954) 967-3401 Fax: (954) 967-3475 Web; www.#lllÛlOlelribo.~.Om UTILITIES Dear Ms. Merritt: RE: Water Main and Force Main Extension State Road 70 - Ft. Pierce, Florida This letter is in reærcnec to the construction of the W8lt:r Main and the Force Main Extension along State Road 70 fur the Cbipco's Landing subdivision in Ft. Pierce. Florida. We would like to request a rcductiOD in the letter of credit asa result of previous payments made to St. Lucie County from the. Seminole Tribe. of Florida.. Tbe cunent amQUDt oftbe letter of credit would be for the amount of $650,000 (Six HUndred and Fjfty Thousand DoJlars). If you have any questions or need additional infonuation, please do not hesitate to call my office at (954) 961-3401. Thank you in advance. "BUT I HAVE PROMISES TO KEEP & Mll..ES TO GO BEFORE I SLEEpn '..I AGENDA REQUEST ITEM NO. C7 A DATE: September 28, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants Bill Hoeffner, Grants Writer SUBJECT: Request Board approval to accept a South Florida Water Management District Water Savings Incentive Program grant in the amount of $50,000 for funds to retrofit plumbing in low-income homes consistent with the Community Services SHIP program. BACKGROUND: The South Florida Water Management District Water Savings Incentive Grant Program provides funds for projects that promote water conservation including indoor plumbing retrofits, large area irrigation controls and other potable water savings projects. Grants funds become available October 2004. The allowable grant request is $50,000 and requires a SO/50 match which will come from the State Housing Initiative Participation (SHIP). The goal of the Community Services Department is to use the funds to retrofit plumbing fixtures and leaking pipes in the houses that meet SHIP retrofit requirements. Since SHIP funds have been reduced over the years, this provides another source of dollars that assists Community Services in fulfilling the community's housing improvement goals. FUNDS AVAilABLE: The SO/50 required match will come from the State Housing Initiative Participation (SHIP) program that is set aside to retrofit low income homes. PREVIOUS ACTION: The Board approved the submittal of the application for this grant program on March 9, 2004. RECOMMENDATION: Staff recommends that the Board authorize staff to accept the grant from the South Florida Water Management District Water Savings Incentive Program grant for funds to retrofit plumbing in low-income homes consistent with the Community Services SHIP program. Review and APP~Is' 'Jm .¡n'r\fIJ-o County Attorney: _ Management & Budget: Jq...1LJ 'I" ~~urchasing: _ Originating Dept: _ Other: Other: Finance: (Check for Copy only, if applicable) Effective: 5/96 COMMISSION ACTION: i,APPROVED 0 DENIED D-OTHER: Approved 5-0 - AGENDA REQUEST "wtI a,& ITEM NO. . DATE: September 28, 2004 CONSENT [X REGULAR PUBLIC HEARING [] Leg. [ Quasi -JD. [ TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner, Grants Writer SUBJECT: Authorize the submittal of a Conservation Project Support grant application to the Institute of Museums and Library Services for funding in the amount of $150,000 to be utilized for consultation services, conservation equipment, and conservation supplies for a collections conservation program at the S1. Lucie County Historical Museum. Also, authorize the acceptance of the grant if it is approved for funding. BACKGROUND: This grant from the Institute of Museum and Library Services provides funding of $150,000 to strengthen the ability of museums to serve the public more effectively by supporting high priority activities that advance the institution's mission and strategic goals. S1. Lucie County Historical Museum intends to utilize funding from this grant to acquire consultation services, storage equipment, and storage supplies that will be used to appropriately manage, care for, and store the museum's collections. The need for this equipment has been identified through a number of studies completed at the museum. The need is also identified in the museum's Strategic Plan. FUNDS AVAIL.: The grant requires a 1:1 match in either cash or in-kind services. An in-kind match of at least $75,000 shall be provided. The cash match will not exceed $75,000. These funds will be available in FY2004/2005 in Fund 001-7910-599300-700. PREVIOUS ACTION: No previous action. RECOMMENDATION: Staff recommends the Board authorize the submittal of the Conservation Project Support grant and the acceptance of the grant if it is approved for funding. COMMISSION ACTION: ~ APPROVED t· ] OTHER: CONCURRENCE: County AttorneYI Originating Deptl Finance: (copies only) : u~/ Mgt " Budget I Public Works I [ ] DENIED Approved 5-0 purchasing I Other I -- 'Y. ~ ..., AGENDA REQUEST ITEM NO. C-8 DATE: SEPT. 28,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: CONTRACT CHANGE ORDER # 5 TO CONTRACT #C03-06-452 ADMINISTRATION BUILDING ADDITION/BARTH CONSTRUCTION, INC. BACKGROUND: On June 24th, 2003, the Board of County Commissioners approved Contract #C03-06-452 with Barth C_onstruction for the Administration Building Addition. To accommodate required circuits not available from existing panels, Barth Construction will provide and install a 75KVA transformer and 200 AMP MCB panel with 20 circuit breakers at a cost of $6,088.00. In addition, slip resistant commercial vinyl flooring will be installed to match existing floor at a cost of $2,974.00. Contract time extension of six (6) days is needed due to delays caused by Hurricane Frances. Staff is requesting approval to increase the contract amount by $9,062.00 and contract time an additional six (6) days. FUNDS AVAIL: 31 0003-1930-562000-16008 (Buildings) PREVIOUS ACTION: On July 13th, 2004, the Board of County Commissioners approved Change Order #4/Contract #C03-06-452, Barth Construction, Inc. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order #5, to Contract No. C03-06-452/Barth Construction, to increase the contract amount by $9,062.00 and contract time an additional six (6) days for a completion date of January 3rd, 2005, and authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: bel APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Coordination/Signatures .¡;., ~:~: B"df¡ 7:.. y / Purchasing Mgr.: ~p County Attorney: Originating De¡;¡;:::!:::itt \\l ~ Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGENDA-ADMIN.-BARTH CO-S.DOC - on" ~ 09/23/04 THU 08:52.- V 561 7703017 "" \.f BARTH CONSTR. INC. ~002 '...I I'!!!m! General Contractor CGC007847 September 15, 2004 Paul Dritenbas Edlund, Dritenbas. Binkley Architects & Associates 65 Royal Palm Pointe Vera Beach. FI 32960 Re: St. Lucie County Administration Addition Proposal Request # 20 New Transformer & MCB Panel on Second Floor Paul, We are submitting herewith our costs for the Transformer and Panel in the amount of. Six Thousand Eighty Eight and 001100 Dollars ($6,088.00) and a time extension of 0 days. 1) The wort< is limited to providing and installing a 75'rWA transformer and 200 AMP MCB panel with 20 circuit breakers to accommodate the required circtlits not available from existing panels. This equipment will be located in the new 2nd floor Electrical Room. Should you require any additional information, please feel free to contact me. Sincerely. Jason Fykcs Ruth Construction Ine. Approved by: Approved by: Architect Owner Date: Date: Cc: Ken "all, SLC Centr.1 Services 1717 Indian River Roulevard It Suite 202A ... Vcro Beach, Florida 32960 Phone: (561) 778-3072'" FaK: (561) 770-3017 E.mail: inf(1(à'bar'hC<.'l1sll1l~tion.c(1II · Internet: www.bnrthconstruction.com \\Ntsbs\bar1h\p¡:i»-ë~tš\ŠLC Ad~¡ñ:Ãddition\Proposal Requt':sts\#20 new transformer and panel on 2nd tloor.doc 09/23/04 THl108:57 -\X 5617703017 .u_ \.f Z! ~t jj .- - ~ c o ;; :¡; "g oCt. e o t j! f/) 'c 'ë 'a 4: >- - c ~ o o 0 ell ('II U . .J ~ .... w (1).::1 WCPO ~~w <(OO:: ZZ~ t-t-« OOCl) wwO -,"")Q... 000 Q::D::D:: 1l..Q...Q... .. o o LL. ~ C o U ell tI) C o 'ii c: III C. In o :æ: eð .. GI E .. ~ ø c: e ~ ~ GI Z Z º -- n.. c:: o CJ) w o BARTH CONSTR. INC. -'~ «(f) bO ~ù ,8 ~ 8 I ,a - 0 en ..,. 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ED~) ~005 la¡ooz _~._._99/ 23/04 .. ..-.. -' -. -. -. r-' --" ...- ..-'- ... al'~J!!t!· COCOO'1M7 - Gene\'al Conln,.;tor September 15.2004 PaulOrltenbas Edlund, Oritenbas. Binkley Architects 8. Associales 85 Royal Palm Paiute Vero Beach, FI 32960 Re: st. Lucie County Administration Addition Proposal Request #I 21 Vinyl Floor 'n Hall #6 Paul, We are Slubmittlng herewah our costs ror the "Inyl Floor 10 the élmount of. two Thousand Nine Hundred Seventy four and 001100 Dollars ($2,974.00) and a time e~emlÎon of 0 days. 1) The work Is limited to prov\dlng and In£talling Mé!nnlng1on's Assurance slip resistant commercial vinyl floor with heat-welded seamS. Color to match exl6ting floor in hall six. Should you require any additlOna1 information, please fiel free to contact ,,'e. Sincerely. Approvcd by: OWAE:f ^pprll..ed by: f ;¡-itf.d ..,,: ¡if ¡¡'77ftJ; Da&c;_ Cc: KI:ll H¡sll, SL(: Centrat SC\"\'KI." 1717 Indian Ri..er Boulevard * Suitc 202A * Vero Beach. FI(1rida 31960 Phoné: (561) 7'lS·3072 · fax: (56 n 770-3017 f.-fIIait .í.I!£~Øhªl:1:l:tç!m:\I!.\!~j~n.!,.';.IWl · In&oI11C(; w"w-.barthconsInlction.t¡)ln r:\projccts\SLC Admin. Addition\Proposul Requcsu\l121 Vinyl \loor h:lllway 6.doc - ; 09/23/04 Tm.; 08:53 '( 561 7703017 (lOl15,')~ \TEl1 113; 1~1 561 ;703017 _, ,_,' 4_' ......... ~-'. ~._. --. -_.. -.. _. -- .--." Zi ! -- .,. c:: o ~ :a "D cÍ ~ c 1: 4V ';) 'E E "0 cÍ ~ C ;J C () ~ ~ N Ü U: ~ t- ..J en - UJ CI)~~ LúCDO :¡:~uJ <ior:r: ~Z..J t-t-<i ßß~ I~a.. 000 0:.0:0::: " I' n co :n: - ¡; ::& .5 m c:: 'C: o o ü: >. c:: ;; z º t- n.. oc U (/) w n BARTH CONSTR. INC. BARTH CONSTR. INÇ.,. _. .__. _.. ,__" ,-_Of oJt- <cn ""'0 ~ù 8 . . I . ' 8. .~ ti ~ Ñ ~."...V)4I)4ooIPCA~ 8a~aga8B. ~O~OOOOO{B_ o N ..... on ...: 8886888 ßt:.o~c:iodOÓ ~5 ~ æ -,8S,g8.S8~ ~ooooooo 0 ~ ~ a:t:;8888888 ~~dOciOdQÓ ~a8.8aa~a 00000 0 6 .... V) ..-:t:88a~8.8.S. ~~cidoOOOO I:: ~!1~!:3~~~~ ~ ~8a8.aa8.a OOOOOQO ;¡ W IU (;) ~ oJ ,.888888.8 "':.-00000 z Q .... 0. æ ~ w o I!! g o ¡¡; .~ VI J! () -- d..I'II")~IO<Dr- z . I .......... 8~g ~~ ~ ~ ""NO'> Ñ Ñ ~ND I.OOU1 ~O... m Ó . <" ~ C7> ri IR II) ."...,." W't tI) '-- a! :::3 en ~ 011 fJ) ~~ .....J VlO wO:: -J> <c( (fQ. ~ ,... .:J@~ ~lli¡"; ~\l.g IX) 'ID :::3~:::3 (fVcn ill ~ Q :z :Ii)- 20 c;;z ~\Y.:J Q.!CC ~z8 °u ~ r:D [ :0; C) ~ u ~007 fihoo:l i íù J: .!: ~ J ~ - OP,';;5/04 THU 08: 53 '561 7703017 \I'ElI 111: 10 ~. 561 ¡¡(¡3017 BARTH CO~STR. INC. .!~R11! CON$TR. INC. -1-+4 EDL~ ~006 \lIOOl " _ 09/23/04 - . ~._... _. _.~. ....... .-" .-....-.. I'e!'!~. (~CiÇOO7S47 General Contractor September IS. 2()O~ Kennelh !-tall St. Lucie County Ccntral ServiccG 2300 Vir~¡l\ii\ AVl!:nue Ft. 11icrce, Florid:. )4982 Rt: Administr<'llion Bllilding Addition Gc)tl~men. We are rcques{jl\g a contracl tinM! e"teklonl:t'f6'days d to delay!! caused by Hurricane Francis. C tð) , Pd~ I SiJ'lccrel)'. d':n1;., 17 17 Indian River BoulcvQrd * Suite 20:lA .. VetO Beach. Florida 32960 phone;: (172) 778-3071 · Fax: (772) 770·3017 . ¡¿.mail: .!rl!1JJf.ï;;t>!lX!..SI\!!i!!:!!~:!i2l....conl · Internel: ~y~w .har!b!..1'-11':\![!J..£.!)oJl,c~'m. 1';\PrQjcclS\$I.C Admin, Additioo\eorrespondence\owncr\roofleak MJl'Ch 2/i.doc -- -' .. '- .." ITEM NO. C-9a DATE: 9/28/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Bid #04-103 - St. James Drive Maintenance. BACKGROUND: On August 25, 2004, Bid #04-103 was opened for - St. James Drive Maintenance. Three hundred and seventy-seven (377) vendors were notified, fourteen (14) bid documents were distributed and four (4) responses were received. The low bidder, All-Star Landscaping, Inc., has withdrawn their bid. Therefore, Staff recommends award to the second lowest bidder, Treasure Coast Lawns, Inc. for the cost of services as outlined in the attached bid tabulation sheet. FUNDS AVAILABLE: 101-4110-534000-400 - Other Contracted Services PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid #04-103 - St. James Drive Maintenance to Treasure Coast Lawns, Inc. for the cost of services as outlined in the attached bid tabulation sheet and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: (X) APPROVED () DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Coordination/SiQ natures County Attorney (X) 91, /~ :-'~ Mgt & Budget (X).fìI( ~ Other ( ) Purchasing (X) 6// Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable) _ ( ~I ..." i I ;- ....-.. - ~ '.... ,. ø ¡,... :5 ·~æ t; en -== ~ « ¡:: ã :r: a:: [D- u« ~ cr: a.. < ::> UJ 0.. a. ,Q ß .. 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W 0.. a a . ~r ci ~'" ~ ..- ,("') ~ ~ '0 õ ° iŸ w 0.. en>- ~-' oz ~o u~ 0'" O·~· ror-w a~ðgJ: ~ü ~..g¡ g OZ 00 ::J ~S ~,cfi ~ ~.~ ~ß ~ w...;J WCD t> 9 ~ 9(9 X Qw So! ~ w -co·o ro 3 Z f5iñ f5:'! g¡ I'~ Ie.. ~ z o ¡:: .<>: .(J .::J 0.. 0.. .<>: OC w P- I-- U) o (J --' ~ o I-- o w >- ~. w oc ::...JI -'0 ~'5 ~::; -0 ~·W >:---J -,0 0..>- 0..0· ::JW wOC - ....,./ ITEM NO. c-9B DATE: 9/28/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Permission to advertise Invitation for Bid for lawnwood Football Stadium Lighting. BACKGROUND: To solicit bidders for Football Stadium Lighting. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff request permission to advertise Invitation for Bid for lawnwood Football Stadium Lighting. COMMISSION ACTION: ~) APPROVED () DENIED ( ) OTHER Approved 5-0 CONCURRENCE: ~.- S N I ISTRA TOR Coord i nation/Siç¡natures County Attorney ( X) ~\ ~¿ Mgt. & Budget ( ) Other ( ) Purchasing (X) -cjf Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ - ....... '-" "WII ~ Parks and Recreation De artment Memorandum To: Ed Parker, Purchasing Director Linda Brown, Assistant Director~ From: Subject: Lawnwood Football Stadium Lighting Date: September 21, 2004 Attached is the Scope of Services for the Lawnwood Football Stadium lighting system. Staff is requesting that this go to bid. If you need more information, please call me at Ext. 1511 Thank you. c: Ruth Totton, Senior Buyer ,..-:,; ~ ~_! ~ ". ~."_.. , ,."'-. -.,..--., .~_._,~. r.....) .'" "---. .. "--- . ~ =;¿ .,--,_. . ...." _.. -,~.- f:y ... {~ -. '-.J - .~. ITEM i1f1. C-9 ~ DATE: 9/28/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Award of RFP #04-060, Telecommunication Solution Services. BACKGROUND: On June 23, 2004, RFP #04-060 was opened for Telecommunication Solution Services for the IT Department. Twelve hundred and one (1201) vendors were notified, ninety-five (95) bid documents were distributed, and six (6) responses were received. The Selection Committee met on August 26, 2004 to evaluate and rank the proposals for RFP #04-060 Telecommunication Solution Services. The Selection Committee ranked the firms in the following order: (1) Bell South (2) Arrow Communications (3) Shared Technologies (4) Communications Systems (5) Advanced Communication (6) All Tel Networking. Staff request permission to negotiate with the top ranked firm, Bell South. FUNDS AVAILABLE: 107-602-599330-6000 (Project Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff request permission to negotiate with the top ranked firm, Bell South, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED () DENIED ( ) OTHER Approved 5-0 Coord i nation/Si~ natures County Attorney (X) 4-_. , I ,fL./ . Mgt. & Budget (X).Jt/Ø ~ Other ( ) Purchasing (X) 67/ Originating Dept (X) Other ( ) Finance: (check for copy. only if applicable)_ '-' BOARD OF COUNTY COMMISSIONERS . ..., PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director dr Date: August 26, 2004 From: Re: RFP #04-060 - Telecommunication Solutions Services ************************************************************************************************************* Background: On June 23,2004 proposals were opened for RFP #04-060, Telecommunication Solutions Services for the Information Technology Department. Twelve Hundred and one (1201) vendors were notified, Ninety-five (95) documents were distributed, and Six (6) responses were received. A Selection Committee met on July 30,2004 to review the proposals. The Committee deferred ranking the proposals until each proposer was given a chance to answer questions proposed by the Committee. On August 17, 2004 all proposers were invited to answer questions before the Committee. The Selection Committee ranked the proposals based on the following criteria: Criteria Maximum Points Compliance with terms, conditions, requirements and specifications 30 Experience 20 Total and itemized costs and added value for proposed solution 20 Ability to provide compatibility with existing PBX/Centrex Systems and future expansion requirements 20 Established presence in St. Lucie County and availability of local support 10 JOHN D. BRUHN, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTCHINSON, District No.4. CLIFF BARNES, District NO.5 COUNTY ADMINISTRATOR· DOUGLAS M. ANDERSON 2300 VIRGINIA AVENUE. FORT PIERCE, FL 34982-5652 . (772)-462-1700. FAX (772) 462-1294 ~ -..".. ~ ""'" To: From: Date: Re: Board of County Commissioners Ed Parker, Purchasing Director August 26, 2004 RFP #04-060 - Telecommunication Solutions Services Page 2 The Selection Committee ranked the proposals as follows: Points 1) Bell South 2) Arrow Communications 3) Shared Technologies 4) Communications Systems 5) Advanced Communication 6) All Tel Networking 630 546 514 467 410 238 Recommendation: The Selection Committee recommends approval to negotiate with the top ranked firm, Bell South, and approval for the Chairman to sign the contract as prepared by the County Attorney. JOHN D. BRUHN, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTCHINSON, District NO.4. CLIFF BARNES, District No.5 COUNTY ADMINISTRATOR - DOUGLAS M. ANDERSON 2300 VIRGINIA AVENUE. FORT PIERCE, FL34982-5652 . (772)-462-1700. FAX (772) 462-1294 ... '-' ...I BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - RFP #04-060 TELECOMMUNICATIONS SOLUTIONS SERVICES INFORMATION TECHNOLOGY OPENED: JUNE 23, 2004 THE FOLLOWING VENDORS RESPONDED TO THE RFP: 1. ADVANCED COMMUNICATION SOLUTIONS, INC., DEERFIELD BEACH, FL FAX: 954-429-3223 2. ALL TEL NETWORKING, INC., STUART, FL FAX: 772-219-4055 3. ARROW COMMUNICATIONS, INC., STUART, FL FAX: 772-693-1665 4. BELLSOUTH BUSINESS, WEST PALM BEACH, FL FAX: 800-505-4552 5. COMMUNICATIONS SYSTEMS MANAGEMENT, TAMPA, FL FAX: 813-349-2101 6. SHARED TECHNOLOGIES, INC., DEERFIELD BEACH, FL FAX: 954-571-0490 NUMBER OF COMPANIES NOTIFIED*: 1201 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 95 NUMBER OF BIDS RECEIVED: 6 ·per demandstar.com JOHN D. BRUHN, District NO.1 + DOUG COWARD, District No.2 + PAULA A. LEWIS, District No.3 + FRANNIE HUTCHINSON, Dístric¡ No.4 + CLIFF BARNES, District NO.5 COUNTY ADMINISTRATOR - DOUGLAS M. ANDERSON 2300 VIRGINIA A VENUE + FORT PIERCE, FL 34982-5652 + (772)-462-1700 + FAX (772) 462-1294 '-" ...." '. 0 I I 0 0 0 .¡c 0 0 0 0 ~ 0 .¡c I'- "- ~ I'- 0 0 0 "<t 3: 0 c.o co 0 co "tJ "tJ 1'-. 0 N "'" ..- Q) Q) N c.o C') 0) L{) "tJ "tJ ..- N N IX) Y7 ::J ::J ..- Y7 Y7 (") U U Y7 .... e: E N tß- ra 0 0 0 0 0 0 .¡c "tJ 0 0 Cl.. Cl.. 0 0 .¡c ".:: I'- C') "- "- 0 0 0 0 "<t c.o 3: 3: c.o "<t 0 ü: co I'- "tJ "tJ 0 N 0 ~ ..- Ñ Q) Q) c.o "<t .... L{) (") "tJ "tJ N N 0) en ~ Y7 ::J ' ·c::J Y7 Y7 0) Ü U U (") e: e: .... tß- 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 I'- c.o "'" I'- 0 0 ...¡ "<t 0 O'J "<t c.o N ,.... co c.o O'J 0 0 O'J "'" ...... O'J 0 ..- c.o L{) LO- l!) N N O'J N N "'" Y7 Y7 Y7 Y7 Y7 Y7 N tß- 0 0 0 .¡c C) 0 0 0 0 r: I'- 0 0 C! (jj ~ ...... ..- 0 .... !::: ... c.5 O'J I'- ""'- 0) 0 r: l!) O'J O'J IX) <ï: == c.o N l!) LO- ..... Y7 Y7 Y7 0 Q) (") Z tß- c.o .¡c O'J co ..r: co C! ..... ::J "'" IX) 0 "<t. ,.... .!!l ...... 0 I'- .... Q) ~ N m (") tß- I/) 0 0 0 0 0 "tJ 0 r: ~ 0 ~ 0 0 Q) 0 0 ...... co N O'J co "tJ IX) "tJ :;: I/) "<t O'J "<t "<t O'J ::J N Q) ra r: N C'). CO_ I'- C') U co CJ .~ 0 "<t N "<t l!) N e: 0) r: ra r: -"<t N ...... N N N ::J '=Y7 Y7 Y7 ...... Y7 N > Y7 tß- "tJ E 0 < E en 0 ü (I) 0 0 0 0 .¡c c: 0 0 0 0 0 0 l!). L{) 0 0 0 :;: N N C') 0 0 == ra ~ "<t. c.o O'J LO CJ O'J N co O'J ,.... o .- "<t ..- N (") or:i ... c: ... ::J Y7 ..- ~ Y7 co < E Y7 N E tß- 0 I/) ü û) 0 0 0 ('-. 0 0 0 0 u I/) 0 ~ 0 0 0 0 c: .5!! L{) 0 0 0 0 IÖ Q) "'C C) c.o l!) 0 0 N (") E Q) 0 "<t. o. N l!) (") ... a.. ra 0 I'- "<t co "<t "<t IX) '5 >, ..c: r: "<t C') 0 N ..- N 0- U en ..c: Y7 Y7 ..- Y7 Y7 N W e: u Y7 tß- rn Q) I/) "tJ I- c: e: .2 ::J ....J ro "tJ aJ >< >, « .S:? '- Q) - l- e: Q) c: c: 0 ::J "tJ ... c: ra l- E '> Q) < ... >, "'C l- E 0 Q) ra '- c: c: c: Q) 3: 0 a.. Q) 0 ... .... E (I) Õ 0 Q) ::J "'C (f) - "'C c: - Q < 0 .5!! Q) Q) « ..c: "'C "tJ (f) u t t c: c: ::J Q) Q) Q) Q) u 0 - .c ::J ::J > - 0 ra e: - ::J 0 0 ::¡ >< .. en c.. u u -.., w .. .. · '-" ~ Agenda Request ...." Item Number Date: IDA Sept. 28, 2004 Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-JD [ TO: SUBMITTED BY: Board of County Commissioners Growth Management SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ D APPROVED OTHER Approved 5-0 County Attorney Originating Dept.: Authorize the first amendment to the Contract with Tindale-=Oliver and Associates Urban Boundary Study to provide for a revised scope of services. There is no net increase in the overall contract cost. As the Board is aware, approximately 1 î years ago, this Board authorized the conducting of a study to assess the current status of available lands in the County that could be developed for urban type uses and provide recommendations as to the need for any adjustment to the County's existing Urban Service Boundary (USB) line. The basis for determining the future need of the community was to be the expected population levels for the community as promulgated by the University of Florida. Approximately nine months ago, the Board determined, through the workshop process of this study, that they did not want to make any wholesale movement to the USB line, but would consider any such movements only on a case by case basis, and then only if there were a more through 'planning' vision for the areas seeking the adjustment. It was this determination, and the pressing development interest of the North County Area, that resulted in the North County Planning Charrette in the spring of 2004. The final results of this Charrette are being prepared and will be presented to the Board in the very near future. Meeting schedules and recent weather emergencies have necessitated a delay in preparing and presenting the final report. With the general acceptance by the community of the concepts of growth as set forth in the North County Charrette, the need to continue with the urban land study and the development of possible adjustments to the existing USB line has essentially been eliminated. However, in proceeding with the study up to this point, the County's consultants have identified a need to provide updated and refined data in regard to the transportation- planning component of this project. Since one of the recent agreements that the County made with the Department of Community Affairs included a commitment to update our Transportation Element in the Comprehensive Plan, County Staff would, at this time, recommend that a revised Scope of Work be approved with the firm of Tindale/Oliver and Associates, that would provide for an update to the County's base transportation analysis data and for updating the County's Transportation Element to address current state requirements. Funding of this work effort would be through the existing contracts that the County has with Tindale/Oliver and would not result in the commitment of any additional funds beyond those already committed. The information to be gained from this work is base line data that is absolutely essential to have and will be required as the County moves forward with the broader implementation plan for the North County Charrette program. As the Board is aware, the County has committed just fewer than one million dollars to begin the development of the necessary regulations that will allow for the implementation of Charrette program. Staff recommends that the board approve the requested amendments to the existing Tindale/Oliver and Associates contracts, as described in the attached exhibit a, and authorize the County Administrator and Chairman to complete the execution of the revised contracts. ~ding is available in 102-1510-531000-100 (Prof. Services for Planning) and C02-09-645. N/A Staff recommends that the Board authorize the first amendment to the Tindale-Oliver Urban Service Boundary contract for the purpose of updating the County's base transportation analysis data in the amount of $ 20,000 (No net increase in the overall contract price) CONCURRENCE: DENIED Coordination! Signatures Mgt. & Budget: Finance: Purchasing: Other: .l .. '-' ...,¡ Attachment A St. Lucie Urban Services Boundary Study Revised Project Budget and Tasks (July 8, 2004) SI. Lucie County Transportation Element Tasks Existlno Tasks and Remainlna Budaet Original Revised Remaining Task Description Budaet Budget Fee 1.00 Proiect Star! Uo $7,656.84 $7,656,84 $0.00 2.00 DeveloD Vacant Land and Redevelooable Land Inventorv $40,810.35 $40,810.35 $0.00 3.00 Develoo Vacant Land Use and TransDortation Visions $48,831.36 $48,831 .36 $0.00 4.00 Evaluate Preferred Altemative $18,442.21 $18,101.48 $340,73 5.00 Select Altemative Urban Land Use Plan/Final ReDor! $31,545.19 $9,413.51 $22,131.68 6.00 Proiect Manaoement and Qualitv Control $2,711.28 $2,169.02 $542.26 7.00 Leaal Sub Consultant $47,125.00 $12,447.02 $34,677.98 $197,122,23 $139,429.58 $57,692.65 Note: Tasks 1.00 to 7.00 are considered complete as is and no additional work will be completed relative to the original scope for these tasks. Senior Planning Total Total Total Task Description Principal PM Planner Planner Tech Admin Hours labor Expenses Task 8.00lAdJustments to Socioeconomic Data 1 1 16 801 20 201 5 1421$12,380.00 ì $12,380.001 9.00lleaal Sub Consultant I 21 I I I 21 41 $416.001 $3,000.001 $3,416.001 10.00 Transoortatlon Element Revisions 10 63 116 38 128 25 380 $31,854.00 $900.00 $32,754.00 10.01 Review Existina Element and Stioulation Aareement 2 2 4 $440.00 $440.00 10.02 Kick-Off Meetina & Collect Data 10 12 2 24 $2,496.00 $150.00 $2,646.00 10.03 Evaluate Existinn Hiahwav LOS 2 4 6 12 $1,070.00 $1,070.00 10.04 PreDare Forecast of 5 Year Traffic Volumes 1 6 8 4 19 $1,502.00 $1,502.00 10.05 Evaluate 5 Year Forecast Hiahway LOS 2 4 6 2 14 $1,186.00 $1,186.00 10.06 MaeSeries 2 8 40 4 54 $3,532.00 $3.532.00 10.07 Recommended Revisions to Goals and Policies 6 10 18 4 38 $4,052,00 $4,052.00 10.08 Recommend LOS Standards 2 6 2 1 11 $1,318.00 $1,318.00 10.09 Analysis of Backlooaed Facilities (10 Year 8 12 12 30 2 64 $4,876.00 $4,876.00 10.10 Draft Technical Suncor! Document 1 8 20 4 36 6 75 $5,726,00 $200,00 $5,926.00 10.11 Meetina to Review Findinas and Draft ReDar! 8 12 20 $2,120,00 $150.00 $2,270.00 10.10 Finalize Technical SUCcOr! Document 1 4 16 2 16 6 45 $3,536.00 $400.00 $3,936.00 I 11.00lMeetlnas and Other Assistance ICost Plus Task! I 12 321 121 I 41 60T $7,272.001 $275.001 $7,547.001 h2.0õTReYlse Forecast Socioeconomic Data 16f 64 981 161 121 2061 $21,164.001 $430.001 $21,594.001 New Tasks Totals: 41 5.18% 175 22.10% 306 38.64% 58 7.32% 164 20,71% 48 6.06% 792 $73,086.00 $4,605.00 $77,691.00 100.00% Existing and Remaining Budget: $57,692.65 New Tasks: $77,691.00 Net Additional Services: $19,998.35 C:\Documents and SettingslwenDesldopWew File Away\St. Lucie USA Additiona/lSt Lucie Transportation ElementllS' Lucie Transportation Element 070B2004.xfs)SheeI1 '-' ..., St. Lucie County Urban Services Boundary Study Revised Project Scope of Services (July 8, 2004) Purpose The St. Lucie County Community Development Department has requested Tindale - Oliver & Associates, Inc. to provide technical assistance for the update of the Comprehensive Plan Transportation Element and development of forecast socioeconomic data. It is the intent of this scope of services to allow for the required technical assistance for the preparation of the update of the Transportation Element by which the Consultant will serve as an extension of the County staff. Attention is directed to the fact that no remaining work identified in the prior scope of services for the Urban Services Boundary Study will be undertaken and Tasks 1.00 through 7.00 are considered complete as is. They remaining effort from Tasks 4.00 to 7.00 will be used in part to fund the scope of services identified below. Scope of Work The scope of work for this project is identified in greater detail below: Task 8.00: Socioeconomic Data Revisions In the course of conducting the St. Lucie County Urban Services Boundary (USB) Study, several flaws in St. Lucie County's Traffic Analysis Zone population and employment socioeconomic data (Z-Data) were discovered. In many cases, the 1996 base year data and 2025 future year data, provided as part of the Treasure Coast Regional Planning Model (TCRPM), did not correlate. Additionally, severe mismatches of socioeconomic and Traffic Analysis Zones (TAls) were identified by St. Lucie County staff. Although some effort was allotted in the St. Lucie County Urban Service Boundary Study to review socioeconomic data, this effort was allocated to correct well-defined issues such as recent subdivision development. In general, the types of adjustments afforded in the USB budget involve adding units to an underlying total which was assumed to be correct. Because the inaccuracies in the provided Socioeconomic data are severe, the allotted effort is insufficient to provide reliable data from which growth forecasts and traffic models can be derived. As such, additional services are necessary to establish reliable baseline data. The above described task will be accomplished through the execution of the following sub tasks. · The Consultant will coordinate with the St. Lucie County Project Manager and staff to relate available socioeconomic data with the provided TAl GIS layer. · The Consultant will provide OIC maps and tables to the County to review the accuracy of the socioeconomic data maps. · The Consultant will use parcel data and other sources to estimate population in those TAZs for which no socioeconomic data is available. · The Consultant will coordinate with the County to resolve missing employment socioeconomic data. · The Consultant will develop a methodology to distribute the Single Family Dwelling Units and Multi-Family Dwelling Units socioeconomic data variables into the multiple inputs necessary to run the TCRPM. '-' .., . The Consultant will provide a draft technical summary to the St. Lucie County Project Manager including tables and maps depicting the revised Socioeconomic and a summary of the methodologies employed in the revision process. Task 9.00: Leaal Sub Consultant Assistance This scope of services provides for the Legal Sub Consultant to conclude in place tasks that were underway as part of the Urban Services Boundary Project. Task 9.01: Contract Revision The Legal Sub Consultant will complete the development of a contract revision requested by the St. Lucie County Staff. This also includes limited background legal research and other requested activities. Task 10.00: Transportation Element Revisions The Consultant will to provide technical assistance for the update of the Comprehensive Plan Transportation Element as noted in the sub tasks identified below. Task 10.01: Review Existing Element and Stipulation Agreement The Consultant will review the existing draft of the Transportation Element and the DCA Stipulation Agreement. Based on this review, the Consultant will make recommendations for changes to the Transportation Element to respond to the Stipulation Agreement. Task 10.02: Kick-Off Meeting & Collect Data The Consultant will participate in one project kick-off meeting to review the issues identified in Task 1. This meeting will also be intended to allow the Consultant to collect any needed documents, reports, or data required to complete the tasks associated with the update of the Transportation Element. Task 10.03: Evaluate Existing Highway LOS Using existing data the Consultant will develop a "generalized tables" level of service analysis of existing roadway conditions. This level of service analysis will not include any field data collection or review of data in the field. Task 10.04: Prepare Forecast of 5 Year Traffic Volumes Based on historical traffic volume growth, the Consultant will develop a forecast of traffic volumes to forecast the level of service five years after the existing conditions analysis. Task 10.05: Evaluate 5 Year Forecast Highway LOS Using the forecast traffic volumes developed in Task 4, the Consultant will develop a "generalized tables" level of service analysis of roadway conditions five years in the future conditions. The roadway network included in this analysis will reflect existing plus committed roadway improvements. Task 10.06: Map Series The Consultant will develop with the assistance of County staff, the required map series to be included in the Transportation Element. Task 10.07: Recommended Revisions to Goals and Policies \...- 'WII The Consultant will make recommendations for revisions to the Transportation Element Goals and Policies based on a review of the existing and short term forecast conditions. This task will also attempt to address issues raised in the Stipulation Agreement. Task 10.08: Recommend LOS Standards The Consultant will make recommendations for revisions to the Transportation Element adopted level of service standards based on a review of the existing and short term forecast conditions. Task 10.9: Analysis of Backlogged Facilities (10 Year) The Consultant will prepare an analysis of backlogged facilities using a ten year analysis horizon. This task assumes the use of the 2015 Treasure Coast Interim Cost Affordable Plan Model Network to forecast 2015 traffic volumes that will be used for the analysis. The Consultant will build a database of the roadway network using data developed in Tasks 3 and 5 combined with the lanes and volumes from the 2015 model. The Consultant will perform a "generalized tables" level of service analysis. Task 10.10: Draft Technical Support Document The Consultant will prepare a brief technical report that documents the appropriate data, assumptions, methodologies, analysis, and findings used or developed in Tasks 1 to 9. Three copies of this draft technical document will be provided to St. Lucie County staff for review. Task 10.11: Meeting to Review Findings and Draft Report The Consultant will prepare for and conduct one meeting with St. Lucie County staff to review the analysis completed in Tasks 3 to 9 as documented in the draft technical report developed for Task 10. The Consultant and County staff will identify any recommended changes to the draft report during this meeting. Task 10.12: Finalize Technical Support Document Based on comments received for the meeting provided for in Task 11, the Consultant will make minor modifications to the technical report. The Consultant will provide 10 bound copies of the technical report and one unbound camera ready original to St. Lucie County staff. Task 11.00: TransDortation Element Revisions (Cost Plus Task) The Consultant will meet with the County Project Manager and County or review agency staff as directed. These services will be provided up to a limit of $7,547.00. Meetings or services in excess of $7,547.00 will require an additional services agreement. Task 12.00: UDdate Forecast Socioeconomic Data This task includes the socioeconomic data projections required for the 2030 LRTP Update. Task 12.01: Revised Forecast Socioeconomic Data This task will include the creation by the Consultant of new forecast socioeconomic data based on current available information for the 2030 LRTP Update. This will include refined ZOATA variables based on the updated TAZ structure developed by the FOOT and the MPO. This work effort will include integration of the Consultant's Land Use "'- ~ Allocation Model to reflect the revised zonal structure. Forecasts will include: population, dwelling units, three employment categories, school enrollment, and hotel/motel units. It is assumed that the County or FOOT Consultant will provide base year data within one week of the Consultant receiving notice to proceed. Any delay in the provision of this information may increase the period of time required to complete this task. The forecasts will include only minor adjustments to the lifestyle variables. One set of ZOATA will then be produced for 2005,2015 and 2030 using the Consultant's land use allocation model. The 2005 ZOATA set will consider the impacts of ORis and other major developments as provided by St. Lucie County staff. Two interactive workshops will occur with St. Lucie County staff to refine the 2005, 2015, and 2030 ZOA T A forecasts. The result of this work effort, to be documented in a draft technical memorandum, will be a refined TAZ map and updated ZOATA files for 2005,2015, and 2030. The Consultant will prepare a Technical Memorandum that documents the methodology and results used for the development of the forecast socioeconomic data. RESPONSIBILITIES OF TINDALE-OLlVER · Update land use allocation model based on new TAZ structure; · Prepare for and attend two workshops to review and create new ZOA T A; · Create updated ZOATA files; · Prepare draft Technical Memorandum (3 copies); · Meet with MPO staff to review draft Technical Memorandum; · Prepare final Technical Memorandum (3 copies and POF). Responsibilities of the County · Provide requested data and information; · Schedule and Attend two ZOATA update workshops; · Review draft Technical Memorandum and minor validation related changes; · Meet with Consultant to review Technical Memorandum; · Receive final Technical Memorandum. Summary of Deliverables: · Technical Memorandum documenting process and results of project. · ZOATA files for Regional Transportation Analysis modeling. PROJECT BUDGET The project budget is provided in Attachment A. PROJECT SCHEDULE The project will be developed to coincide with the schedule in use by the St. Lucie County staff for the update of the Transportation Element. C:IDocuments and SettingslwerlDesktop\St. Lucie USA AdditionallSt Lucie Transportation Element\St Lucie USA Revised Scope 05242004.doc I" '-' ~ Agenda Request Item Number Ie· ~ Date: Sept 2t2004 Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-J 0 [ TO: SUBMITTED BY: Board of County Commissioners Growth Management SUBJECT: Authorize "Florida's Turnpike Special Permit" for access to the Turnpike access road at the northeast corner of the SR 70 interchange. BACKGROUND: Attached is a copy of the "Florida's Turnpike Special Permit" required for access to the turnpike access road at the northeast corner of SR 70 interchange. The County has begun the process of acquiring the mountain bike trail on 47.75 acres at the Crossroads Park of Commerce. In addition to the 47.75 acres, there is an additional th ree to five acres to be used as a parking area. Using the turnpike access road we can connect the parking area to the trail without interfering with the St. Andrews Episcopal Church's plans for a school on the remaining property. The access would be for bicyclists and emergency vehicles. FUNDS AVAILABLE: N!A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the request allowing staff to submit the Florida's Turnpike Special Permit for use of the Turnpike Access Road at the northeast corner of the SR 70 interchange. COMMISSION ACTION: CONCURRENCE: 00 APPROVED [=:J OTHER o DENIED Approved 5-0 County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: ,.... .¡!&" ,*,- tþ.. '-" ....J COMMISSION REVIEW: September 28, 2004 GROWTH MANAGEMENT DEPARTMENT Administration MEMORANDUM TO: FROM: County Commission Interim Growth Management Director , .~ /)f/ at '¥ 'C DATE: September 22, 2004 SUBJECT: Authorize "Florida's Turnpike Special Permit" for access to the Turnpike Access Road at the northeast corner of the SR 70 interchange. Attached is a copy of the "Florida's Turnpike Special Permit" required for access to the turnpike access road at the northeast corner of SR 70 interchange. The County has begun the process of acquiring the mountain bike trail on 47.75 acres at the Crossroads Park of Commerce. The land is owned by St. Andrews Episcopal Church and has a South Florida Water Management District conservation easement over it. In addition to the 47.75 acres, there is an additional three to five acres to be used as a parking area. Using the turnpike access road we can connect the parking area to the trail without interfering with the St. Andrews Episcopal Church's plans for a school on the remaining property. The Florida Turnpike Special Permit is requesting use of the access road as a connection from the parking area to the start of the trail. The access road will be used by bicycles and emergency vehicles. The access road will not be the entrance for the trail; the entrance will still be from Crossroads Place, the main entrance to the Crossroads Park of Commerce. If you have any questions, please let me know. cc: Doug Anderson, County Administrator Faye Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney David Kelly, Planning Manager Karen Butcher, Bicycle! Pedestrian Coordinator -~ .~ ,/,"-" '-' "'" ;~. Florida Department of Transportation FLORIDA'S TURNPIKE SPECIAL PERMIT PITS #.: Permit No.: Permittee: Address: Section: State Road: County: Telephone No.: Fax No.: Mobile No.: Email: Requesting permission from the State of Florida, Department of Transportation, Florida's Turnpike, hereafter called the Turnpike (TPK) or Department, to perform or construct, operate and maintain: from TPK MP/ Station: to TPK MP/ Station: 1. Proposed work is within the corporate limits of this municipality. Yes () No ( ) Name of municipality: 2. Applicant declares that prior to submitting this application the applicant has ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of improvement was mailed on: , to the following utilities/municipalities: 3. It is expressly stipulated that this permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. 4. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration or relocation of all or any portion of such highways, or that it is necessary for the public transportation facility, any and all of Permittee's facilities or operations shall be immediately removed from said highway, or reset or relocated thereon as required by the Department, all at the expense of the Permittee. 5. The Permittee's construction, maintenance, or operations shall not interfere with the property and rights of a prior Permittee. 6. The Permit holder understands and agrees that the rights and privileges herein set out are granted only to the extent of the Department's right, title, and interest in the land to be used by the permit holder. 7. The Permittee hereby agrees to indemnify, save and hold harmless the Department and all of its officers, agents and employees against all loss and damage, including damage to person or property, due to any act or omission by, or negligence of the Permittee, or its contractors, subcontractors, officers, agents, and employees arising out of this Permit, to the extent permitted by law. 8. The permit holder shall observe all Department safety regulations during construction. The permit holder must safely conduct the public through the project area in accordance with Part VI of the Manual of Uniform Traffic Control Devices, Index 600, of the Department's Design Standards, and the Florida's Turnpike Roadway Lane Closure Policy dated 3/28/03, as amended and supplemented, by displaying necessary safety devices and taking whatever other measures are required or appropriate. 9. In case the permit holder fails to meet any of the permit requirements, the permit holder will be BARRED from performing further work under this permit and will be required to bring into compl iance or to remove said work from the right-of-way at no cost to the Department, and the permit holder will still be bound bv the indemnitv provision of Paraaraph 7. ,...,- , ." \..; 'wi ~" <If! 1 O. All work shall meet the Department's Standards and be certified by the Permittee's ENGINEER OF RECORD, that the work has been substantially completed in accordance with the State of Florida's latest Department of Transportation Standard Specifications for Road and Bridge Construction, and in accordance with all rules, regulations, policies, plans, special provisions, and safety standards pertaining to this type of work. The Engineer of Record is , and is located at , telephone number 11. All materials and equipment may be subject to inspection by the Florida's Turnpike Maintenance or Construction Engineer, or their designees. 12. All Department property shall be restored to its original condition as far as practical, in keeping with the Department's specifications, and in a manner satisfactory to the Department. 13. The attached drawing and special provisions covering details of this proposed work shall be made part of this permit. 14. The Permittee shall commence actual construction in good faith within days from the date of said permit approval and shall be completed within days. If the beginning date is more than 60 days from the date of permit approval, the Permittee must review the permit with the Florida's Turnpike Maintenance Engineer, or his Designee, to make sure that no changes have occurred in the highway that would affect the permitted construction. If work has not begun in good faith within 365 days, this permit shall become void. 15. The office of the Florida's Turnpike Maintenance Engineer is located at the Turnpike's Pompano Beach Service Plaza, Pompano Beach, FL, 33069, P.O. Box 9828, Ft. Lauderdale, FL, 33310-9828, telephone number (954) 975-4855. The representative for that office, , located at , telephone number , will be notified forty-eight (48) hours in advance of the pre-construction meeting, and again forty-eight (48) hours before beginning work. 16. Special Instructions: 17. Special Conditions: Submitted for Permittee by: Typed Name & Title Signature Date Witness Witness Affix Corporate Seal Here. IF APPLICANT IS NOT A CORPORATION, THEN THE SIGNATURE OF TWO (2) WITNESSES IS REQUIRED. Roadway Construction is proposed/underway. No ( ) Yes ( ) W.P.I. No.: Recommended for approval: Title: Date Approved by: Date Florida's Turnpike Maintenance Engineer or Designee . Government Use ..... ... '-" ...., '" , ~, ë' .. . ., ; _.n'tlc ..- .ç:: --./ ';' !;~ :' . ¡ , J ~ i: .....b:¡ "'li.~.~.·), ~ ¡;ø; ..~~': ~~. t ~ .. ~.. ~ rfr'0'i ";¡k' ...; "'r "'~.'~'.¡:;.; ái: ~~::~ J. ;. ~~._·t~ .~ ~~' (, .. : 0 ... " ~7;.. ~:t!>H_ . ..'-' ~ t~ t, ~'. ro. (_' ,--: -.."" '" .~;.. ~~~ -~ .- CI9t .~ I:;~~. ,;·~·~';~:~it~:··-r~~(~\ 2;:~ fõt 1f ~'. ~~~ ~;.. OJ ':"'1.;' ~ .": t- "~".:. ~ ~,)' - .?~ ~~ ¡ '.: h ': ;¡;i'lL- ~ \1 ::~ I ~L' .~ ~.' .~ ~.~-' f9/(X](J--þ(}(}(NIT } \. ... ~f,'. I i 8· ~, · cZ'04t & . , '.~ ....~.,., ',.~:~( h "" ~~'ljY111 ~ \;, fi;, ~ ...1' ~ ~:~ · b·_·'-"...·III i Iíì . ,.¡¡ . ".~ ~'~tV:.·~ IÌiò. . "','ê' iíi:.-~_·~' WiP- _.rtE"',," -~. h~ ; , "...~.. , 'mar . '0'1>1 ,.t"~.'i·~---"·- ~-$j~~ ~----'\,--..'Oti' "-.L.U.~~, \r-~ .'. ~= ~ ~",. i' ~'~; ~~'~'. t:. : i~ '~-::::}"~ ;,~ ¡¡ÍIí4\~:' e II: -aÞ-fllI: : ;. , ~.. 1- :':'0' ('·L· t ~ .: . . " . -1L~y '¿I' ,- i' ,S: t;~, k ~Ii -:.11'. : ·lO~þf£j~('-; ;. -;.'....-., .:'\~""'.,::,:" .- O>L " "I'~ ,:, .. ..' ~-~~-",.ol';. ~ "-t:~'(9/'7. '[XH£fJ.i: : ." ':" ~;"-":~"r A: ÿ". . . ~ ¡ '~r' -' ~ ...... . ;.t~) ~. :'~<~:~~:. i~.~ ~,,,. i,~: .e.-.·c.·.t'"Ctw,·"" ,It y. " ._-. .'~"" (g/~(XXJ-£££J ¡: t,'4~V""'" 10'1", ¡õ Itf"M'...~.. _,~Øf~. , .¡¡ i ,;. .¡_~ .~~..._,.",,61'-;. "i^"". " .' _'. '.', ii,' ~.'~-': . .> ~.~~ .;. 'III ..Ø"""t - 0 ..., .. po :.t-" - ......." .. . t ..- ....- III[ .\; ~ . o OK ~~~~....___~_~aøz - . 'f' " ~+ .~...... . .~. . , ~~.t:t I' · "'~~I - r ... "I i "- lIP;' ........ -~ 't - . " (5/000 , -.!tooo -fIn "" '-" ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT John D. Bruhn District t Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA September 28, 2004 1. MINUTES Approve the minutes ofthe meeting held August 24, 2004. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 49, SO, 51, S2 and S3. 2. PURCHASING A. Bid Waiver and Piggyback Martin County Bid No. A/R 04-327 for Aerial Adulticiding Services - Consider staff recommendation to approve the waiver of the bid process and permission to piggyback Martin County Bid No. A/R 04-327 Aerial Adulticiding Services with Vector Disease Control, Inc. and authorize the Chairman to sign the contract as prepared by the County Attorney. B. First Amendment to Contract No. C04-0S-39S with Native Technologies, Inc. - Consider staff recommendation to approve the first amendment to contract C04-0S-39S with Native Technologies, Inc., and authorize the Chairman to sign the amendment as prepared 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 Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. """ ....I MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 24, 2004 Tape: 2 Convened: 11 :30 a.m. Adjourned: 11 :31 a.m. Commissioners Present: Chairman, Doug Coward, Cliff Barnes, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, absent, prior appt. Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the minutes of the meeting held August 10, 2004; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 47 and 48. 2. COUNTY ATTORNEY A. Impoundment 14A Reconstruction- Work Authorization No. 10 with Hazen and Sawyer- The board approved the proposed Work Authorization No. 10 and authorized the Chairman to sign the Work Authorization. B. Fort Pierce Community Redevelopment Agency- Request for Exemption from Tax Increment for Calendar Year 2005- The Board authorized the Chairman to sign the draft letter to the Ft. Pierce Community Redevelopment Agency. There bcing no further business to bc brought bcforc thc Board, the mceting was :ldjolll"lled. Chairman Clerk of Circuit Court 08/20/04 F''7J\BWARR FUND 145 145115 146 '-' ST. LUCIE COL~~ - BOARD .."., WARRANT LIST #49- 14-AUG-2004 TO 20-AUG-2004 FUND SÜ~Y- MOSQUITO TITLE Mosquito Fund USDA/Indrio Blueway Buffer Res Mosquito State I Fund GRAND TOTAL: EXPENSES 15,431.55 52,087.66 49.27 67,568.48 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 .... ~ tz: 0 "" t; CO VI ! ...... ~ ...." W -.1 ...... 0 ::ø "" ~ ~ H III ~ '2 t'" lo;I .... ~ 0 tz: g ø. e ~ {n ~ t'" t'" H c:: G) {n () ~ ~ H lo;I tz:# ~~ () 0 ~ ~ 0 ~ {nt.J )f I~ ><: t"' ~ G) IX! ><:, 0 oW ~ 0 3:0 t1 0,," W W {n C7\ C7\ lo;I IO~ >< C::O 0 0 'tI H \D \D lo;I ~w w w Z 0-.1 {n 0 0 0 lo;I ~ CO CO {n G) , W 0 0 "" w w .... .... , , 'tI -.1 -.1 ~ CO CO 0 0 ::ø 'tI 0 ~ 0 0 t'" CO CO t'" lo;I .... 0 n ~ "II c 0 = N CD '-" ..J \AI 1:>:1 ~ ....... .... n IIJ ~ .... :0: ~ -.I 0'1 ....... In 0 IIJ .... ::II "" "" In II H H IIJ ~ "" .... 0 \D H IIJ n :J: 0 1:>:1 0 "" !II ~ t:Ø <: ..... CD 1:>:1 IT .... ~ 0 .... tQ 0 "II ~ 0 ::II ¡: tQ ¡: ::s H >i IT ø. t þ' t'" t'" H C tQ n t-3 H '* 1:>:1 In n 0 0 I ~ "II ~ ~ .... >< I 1; >i Q t:Ø 0 I 0 t-3 ~ r;; )0 0 t'" 0 t "" >i 0 IIJ -.I I 1; Q In In I \AI \AI >i IIJ \AI \AI 0 0 >i 0 .... .... )0 . -.I -.I t'" 'Ø )0 Q 1:>:1 \D 09/01/04 FZABWARR FUND 145 145114 145820 ~ ST. LUCIE COU~~ - BOARD .."", WARRANT LIST #51- 28-AUG-2004 TO 03-SEP-2004 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund NOAA/Blind Creek Pk/ADA Access FIND/Blind Creek Park/Pub Access GRAND TOTAL: EXPENSES 13,493.08 4,937.60 4,813.40 23,244.08 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 ~ .. .. 09/10/04 FZABWARR FUND 145 TITLE '-' ST. LUCIE COUNTY - BOARD ...." WARRANT LIST #52- 04-SEP-2004 TO 10-SEP-2004 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: EXPENSES 70,390.04 70,390.04 PAGE 1 PAYROLL 34,105.09 34,105.09 ¡.r '-' ""'*'" .- 09/10/04 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR VOID LIST# 52- 04-SEP-2004 TO 10-SEP-2004 !-vL'1D: 145 - Mosquito Fund CHECK INVOICE VENDOR TOTAL 00315435 12429073 Blue Crystal Ine 49.60 FUND TOTAL: 49.60 "'" 09/20/04 FZABWARR FUND TITLE 145 146 ..." ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 11-SEP-2004 TO 17-SEP-2004 FUND SUMMARY- MOSQUITO EXPENSES Mosquito Fund Mosquito State I Fund 150,236.93 25.78 GRAND TOTAL: 150,262.71 - PAGE 1 PAYROLL 894.51 0.00 894.51 ~ ~ ITEM N'f!I'! C- J A DATE: 9/14/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and Piggyback Martin County Bid No. AIR 04-327 for Aerial Adulticiding Services. BACKGROUND: On June 3, 2004 Martin County Bid No. AIR 04-327 was approved by the Martin County Administrator. In accordance with Section 5.7 County Purchasing Manual, the Mosquito Control Department staff requests a waiver of the bid process and approval to contract with Vector Disease Control, Inc. for Aerial Adulticiding Services. FUNDS AVAILABLE: PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the waiver of the bid process and permission to piggyback Martin County Bid No. AIR 04-327 Aerial Adulticiding Services with Vector Disease Control, I nc., a nd authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: IXI APPROVED [] DENIED [ ] OTHER: Approved 5-0 ~ ~ County Attorney:(X) r. Coord ination/SiQnatures Mgt. & Budget;(x) Purchasing Mgr.:(X) df Originating Dept Other: Other: Finance: (Check for Copy only, if Applicable) ...,J BOARD OF COUNTY COl\'IMISSIONERS l\'IOSQUITO CONTROL DISTRICT TO: Melissa Simberlund, Contracts Coordinator FROM: James R. David, Director ~ DATE: July 23, 2004 SUBJECT: VDCI Contract No. COI-IO-077 Our contract with VDCI was obtained by piggybacking on Martin County's bid. Martin County has re-bid this service and we are requesting a review of the attached to determine if we can keep using our current contract or obtain a new contract based on the current bid. Thank you for your assistance. JRD:sh ..-- ., Attachment: Martin COWlty Notice of Award .~ Cc: Ed Parker/with attachment ---- CJ JOHN D. BRUHN, District No.1 _ DOUG COWARD, District No. 2- PAULA A. LEW1S, District No.3 - FRANNIE HUTCHINSON, District No. 4- CLIFF BARNES, District No.5 COlIDty Administrntor - Douglas M. Anderson 2300 Virginia Avenue, Fort Pierce, FL 34982 - (772) 462-1692 - Fa;( (772) 462-1565 - TDD (772) 462-1428 3150 Will Fee Road, Fort Pierce, FL 34982 - DOUG SMITH Commissioner. District 1 SUSAN L. VALLIERE Commissioner, District 2 LEE WEBERMAN Commissioner, District 3 SARAH HEARD Commissioner, District 4 MICHAEL DITERLlZZI Commissioner, District 5 RUSS BLACKBURN County Administrator STEPHEN FRY County Attorney TELEPHONE 7ï2-288-5.100 WEB ÞDDRESS h:!C:/!WINW .ma rtin.f!.us '-' """" lVIARTIN COUNTY BOARD OF COUNTI COMMISSIONERS 2401 S.E, MONTEREY ROAD' STUART, FL 34996 NOTICE OF AWARD June 4, 2004 File: asp041.306 .---. .- Mr. Robert A. Loe . . l--:' Vector Disease Coütrol, Inc. P.O. Box 566, 203 E Cross Street De Wi tt, AR 72042-0566 -- - .. C:J -- 1;1 .-- f__ --." . - ,~.-] - -' ~ Description: Aerial Adulticiding Services Bid #NR 04-327 co You are hereby notified that the BID submitted on May 18, 2004, was approved by the County Administrator, Russ Blackburn, on June 3, 2004. You are required to return an acknowledged copy of this Notice of Award to Martin County no later than June 14, 2004. In addition, please furnish an original certificate of insurance naming the County as additional insured. Also please sign the attached Purchase Order Agreement for Goods Form and return it with this signed Acceptance of Notice. An executed copy of this will be returned to you for your records. Thank you for your participation in our bidding process. We look forward to doing business witl~you. -.! , ~)=([-~\ ¿;:~C?:>( / / v" L/J:'C~_____~ By: J a:inès W. Pritchard, Senior Buyer ,/ ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged By: ~ obø-rf If· L Q e h-r !k-c-I-o r PI 'se- ~- ~ -fr,) /" ~c. T~is /0 T>{ clav of .::Í ~ 11 e- ~ 20 01'. SIgnature: ~ -->i! ~~ Title: 9 r-e 5,'''/.e-..(f- ,I. ,-"" __ l - ~ ..., PURCHASE ORDER AGREEMENT FOR GOODS This Purchase Order Agreement ("Order") bearing a PO Number of and a Contract/Bid Number of AIR 04-327 is dated June 3. 2004 ,by and between Martin County Board of County Commissioners ("County") and Vector Disease Control. Ine. as contractor/vendor (hereinafter referenced as "Contrac- tor") _ County desires to purchase services as more specifically set forth in Exhibit A attached hereto and made a part hereof (collectively, "services") from Seller on the terms and conditions set forth herein, and at the price set forth in Exhibit B attached hereto and made a part hereof, and Seller desires to provide such services to County on the terms, conditions, and price set forth herein. This Order constitutes a binding contract when signed by the County and accepted by the Seller, by execution of this Order. Now, therefore, intending to be legally bound, County and Seller agree as follows: PRICE: The Seller's price will be the price set forth on Exhibit B; and under no circumstances will the price be higher than specified, without the express written authorization of the Seller, as evidenced by a change order to this Order. ASSIGNMENTIDELEGA TION: No right, obligation or interest in this Order shall be assigned or delegated by the Seller without the prior written consent of the County, without prejudice to County's other rights and remedies. PUBLIC ACCESS: The Seller shall allow public access to all public record documents and materials directly related to this Order in accordance with the provisions of Chapter 119, Florida Statutes. Should the Seller assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Seller. RECORDS/AUDIT: The Seller shall maintain books, records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied. The County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals, or claims. INTERPRETA TION; PAROL EVIDENCE; INTEGRATION: This Order states the entire and final understanding between the parties and no course or prior dealing, usage of the trade, or extrinsic or parol evidence shall be relevant to supplement. vary or explain any term used. The Florida Uniform Commercial Code (Chapters 671-679, Florida Statutes) shall control definitions. All interpretations of this Order shall be governed by the laws of the State of Florida. The acceptance or acquiescence of any course of performance rendered under this Order shall not be construed as a w:1iver nor shall it be relevant to define or vary any term stated herein. VENUE In the event it is necessary for either party to initiate legal action regarding this Order, venue shall be in the Nineteenth Judicial Circuit for Martin County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. MODIFICATIONS This Order may be modified or rescinded only in writing, signed by the parties' duly authorized agents. EXCUSABLE DELAYS The County may at its option grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Seller. Such grant must be in writing and made part of the Order. TERMINATION If either party fails to fulfill its obligations under this Order in a timely and proper manner, the other party shall have the right to terminate this Order by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Order shal1 terminate at the expiration of the ten (10) day time period. Incase of default by Seller: 1) any such termination will be without liability to the County except for completpd items 19 '-' ....,; delivered and accepted by the County; and 2) Martin County may procure the articles or service covered by this Order from other sources and hold the Seller responsible for any excess expense occasioned thereby. " TERMS: The Contractor shall submit completed monthly payment requests covering the Work performed during the period covered bv the payment request invoice to the persons designated by the OWNER. All payment requests/invoices shall be mailed to: Martin C(~unty Board of County Commissioners, 2401 SE Monterey Road, Stuart, Florida 34996. Such partial payment request/invoice shall be supported by such data as the OWNER may reasonably require. The payment request will either be approved by the OWNER, or be returned to the CONTRACTOR with the reasons for refusing to approve the payment in writing. In the latter case, the CONTRAC- TOR may make the necessary corrections and resubmit the partial payment request. The OWNER wi]! pay the CONTRACTOR in accordance with the provisions of the Florida Prompt Payment Act. INVOICING & PAYMENTS The CONTRACTOR shall submit a separate invoice for each work assignment upon completion of each work assign- ment, Invoices shall include a complete description of the work provided and written evidence of the acceptance of such work by the COUNTY and the amount owed based upon the bid plices. Failure by the CONTRACTOR to sub- mit a proper invoice may result in the rejection of such invoice by the COUNT'l, in which case the CONTRACTOR shall submit an invoice with the required information, Payment shan be made by the COUNTY in accordance with the FLorida Prompt Payment Act, F,S, section 218.70, All invoices shall be mailed to ACCOUNTS PAYABLE, 1\1<11'- tin County Board of County Commissioners, 2401 SE Monterey Road, Stuart, Florida, 34996 TAXES Martin County is exempt from Federal and State sales, use and like taxes. Sellers doing business with the County shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Seller be authorized to use the County Tax Exemption Number is securing such materials. PURCHASE ORDER & CONTRACT NUMBER PO Number & Contract Number (if applicable) must appear on all payment requests and correspondence concerning this Order. RESPONSIBILITY The County wi11 not accept responsibility for any goods delivered unless covered by this Order. STATEMENT OF SERVICE The CONTRACTOR shall, to the satisfaction of the COUNTY, fully and timely perform all work items described in Exhibit A. NONDISCRIMINA TION: The Seller hereby assures that no person shall be excluded on the grounds of race, color, creed, national, origin, handicap, age, or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this Order, The Seller shall take all measures necessary to effectuate these assurances. INDEMNIFICA TION/INSURANCE For value received, Seller agrees to defend, indemnify, save and hold harmless Martin County, its employees and agents against any and all claims, causes of action, damages, liabilities, and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the Seller, or its employees, agents, subcontractors or assignees in connection with this Order. Seller also agrees to save and hold harmless 1'lartin County, its employees and agents from liability for infringement of any United States patent, trademark or copyright for or on account of the use of any product sold to County or used in the performance of this Order. Seller agrees to maintain insurance sufficient to protect the interests of the County, as set forth in Exhibit A OCCUPATIONAL SAFETY AND HEALTH The Seller agrees to furnish Martin County with a current Material Safety Data Sheet (MSDS) on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Florida Statutes chapter 442, the Florida Occupational Safety and Health Act. Appropriate labels and MSDSs shaH be provided for all shipments. Send MSDSs and other pertinent data to Martin County Purchasing Division, 2401 S.E. Monterey Road, Stuart, Florida 34996 at least ten (10) calendar days prior to shipment. PUBLICITY No endorsement by the County of the product and/or services will be used by Seller in any way, manner or fonn in product literature or advertising. PUBLIC ENTITY CRIMES Pursuant to Florida Statutes section 287.133(2)(a), all Sellers are hereby notified that a person or affiliate who has been placed on the convicted vendor list foHowing a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a pubJic entity for the construction or repair òr a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant uncler a 20 ~ ..."", contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes section 287.017 for CATEGORY TWO [currently $25,000J for a period of 36 months from the date of being placed on the convicted vendor list. A "Public entity crime" means R violation of any state or federal law by a person with respect to and directly related to the transaction of business with the State ~f Florida, any of its departments or agencies, or any political subdivision of the State of Florida. or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresenta- tion. AVAILABILITY OF FUNDS The obligations of the County under this Order is subject to the availability of funds lawfully appropriated for the goods by the Martin County Board of County Commissioners. IN WITNESS WHEREOF, County and Seller have executed this Order as of the date written above. CONTRACTOR: Vec..-f ø-r D ' > ~ > e.. C.... -t 1'" I , :J:,c. Board of County Commissioners, COUNTY: Martin County, Florida By: i?~¡-A ? (?re ~,'d~ + il~¡). By,! ~C¡ County Administrator orib Title: Form Approved by County Attorney 08/00 21 '-' ,." . E. SCOPE OF WORK FOR BID # AiR 04-327 The successful bidder shall provide Martin County with Aerial Adulticidinq Services for Mos- quito Control on an "as needed" basis for the term of the agreement. Scope of Services: Includes, but is not limited to; qualified contractors to furnish Federal Aviation Administration (F.A.A.) approved aircraft, equipped for ultra-low volume (UL V) dispersal of insecticides to con- trol adult mosquitoes over populated areas within Martin County. The contractor shall provide all labor, materials, equipment, supplies, insurance, bonds, and any other requirements to complete the terms, conditions and specifications herein, Any other fees, etc., are the respon- sibility of the contractor.. Requirements: Agreement shall allow for all labor, materials and services to provide Aerial Adulticiding Ser- vices for Mosquito Control on an "as needed" basis for Martin County. Term shall be for a pe- riod of twelve (12) months with two (2) twelve month renewal options provided both parties are in agreement and there are no changes to the terms and conditions. Price escalations will be considered at the time of renewal only and must be documented with written verification of in- dustry price increases. Specifications e A. The contractor shall provide F.A.A. approved aircraft and equipment, equiped with a system, either high pressure or micron air, capable of dispersing from 1 i2 to 1 fl. oz./acre of Martin County's chemical of choice, at time of bid (Dibrom), with a average maximun droplet rate of 25 microns. All aircraft shall be licensed to operate over congested areas following all F .A.A. rules and regulations and be capable of treating 16,000 acres in one evening. B. The contractor shall provide a description of the aircraft(s) and type of equipment (tanks, nozzles, pumps, etc.) used to disperse the chemicals by the Ultra Low Volume (UL V) method and photo(s) of aircraft(s) and equipment to be submitted with bid. C. All aircraft must be in excellent condition with current Air Worthiness Certificate and Federal Aviation Administration Certification. Copies of current Air Worthiness Certificate, Federal Aviation Administration Certification and the last annual inspection shall be furnished with bid. An inspection of the aircraft(s) and records by Martin County will be required before acceptance of any bid. D. The èontractor shall provide - Aircraft Liability Insurance - in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Coverage to include Chemical Application Liability in an amount not less than $1,000,000. Martin County must be shown as an additional insured with respect to this coverage. . E. A demonstration of the aircraft and spray equipment will be required before acceptance of bid. 10 '-' "'" . F. Contractor must be available for contact between the hours of 7:00 A.M. and 5:00 P.M., seven days a week. The contractor shall have the resources for the County to make personal contact with a company representative within 30 minutes of the County's first attempt to notify the contractor of a spray mission. All aircraft must be operational and available for the dispersal of insecticides in Martin County within twenty four (24) hours of notification. G. Martin County will supply all chemicals to the contractor at the Martin County Mosquito Headquarters located on Whitham Field, Stuart, FL. The contractor will load the chemicals into the aircraft and provide all pumps, coupling devices and special adapters which may be required to transfer the chemicals from storage to tanks on the aircraft. The aircraft's cockpit must be enclosed, separated from the chemical tank, pump and other spray equipment. H. The areas to be treated will be designated by the Mosquito Control Division as well as the time of day the treatment is to be made and quantitative amount of acreage to be covered. I. All aircraft will be required to operate under F . A. A. regulations following all safety , regulations for speed and altitude while applying chemicals at label requirements. . J. Evidence of ownership or acceptable lease agreements for all aircraft described must accompany bid. If the contractor were to use any other aircraft(s) other than identified in the bid, such substitutions may only be made after prior written notice and approval by Martin County. K. Martin County reserves the right to employ other aircraft for the Mosquito Control Adulticiding program, if: the contractor's aircraft is not airworthy: the spray equipment does not function properly; the aircraft is not available; the pilots do not carry out instructions; or when the County deems necessary. L. If the contractor fails to provide service under the contract, the contractor shall pay the cost difference if other aircraft service shall be deemed necessary by Martin County. M. The contractor will provide a copy of an approved droplet size spectrum and calibration report for each aircraft to be used before beginning any adulticiding treatments in Martin County. The contractor shall adhere to all instructions listed on the current label of any insecticide used in reference to Ultra Low Volume (UL V) aircraft application. Martin County Mosquito Control reserves the right to request additional droplet size test and recalibration of equipment at the contractors cost at any time during the term of the contract. N. Each aircraft must have installed a Global Positioning. System (G,P.S.) based electronic guidance system. This system must be able to assist in applying pesticides uniformly within an accuracy of 10 meters, horizontally. The system must include software within the G.P.S. receiver capable of creating a grid spray area and creating the appropriate offs~ts needed to adjust for wind conditions, so that spray is properly applied The G.P.S. receiver should be equipped to communicate with the Kytoon . 11 . . . '-' """ Weather Monitor or similar system. The contractor will supply a Kytoon Weather Monitor or similar system to be placed in the spray area so as to be able to evaluate weather conditions during spray missions and communicate to the aircraft's G.P.S. system so that the appropriate adjustments in the aircraft flight paths can be made so as to spray perpendicular to the wind. If at anytime weather conditions are in question as to wether a spray mission will be successful the contractor will not spray. O. The contractor will provide to Martin County Mosquito Control a flight report specifying the spray height, air temperature at ground and spray level, humidity, wind direction and speed at ground and spray level, speed of aircraft, amount of insecticide used , acreage covered, swath width and colored GPS maps differentiating spray on and spray off within 48 hours after a spray mission. P. All aircraft and spray equipment shall comply with all existing F.A.A. regulations. The words "MOSQUITO CONTROL" shall be painted on the bottom of the wings for easy public identification from a height of 300 feet. O. The aircraft and pilots shall be properly trained, certified and shall meet all requirements as specified in F.A.A. regulations. Pilots must maintain certification as described in Chapter 388 FS and 5E-13-F.A.C. for Aerial Public Health Pest Control. Copy of Pilot's license, Public Health Pest Control license and Aerial Certification shall be furnished with proposal. R. Termination for Convenience: Martin County reserves the right to terminate the contract to be entered into between the County and any selected contractor in whole or part by giving written notice at least thirty (30) days prior to effective date of the termination. Upon termination, the contractor shall bill Martin County for all amounts not previously billed and due to contractor at that time. S. Historically Martin County has treated a range of 60,000 to 300,000 acres per year. Typically Martin County averages 100,000 to 150,000 acres per year. All quantities are estimates. The contractor shall spray on an as need basis and Martin County will not be held to any minimum/maximum amount of acres treated. The bidder shall designate their bid in cost/acre sprayed only. Calculation should be based on application rate of chemical. For example at 1/2 oz. per acre, 30 gallons applied would equate to 7680 acres, at $0.65 per acre this would equal $4992.00 Please Note: It is incumbent upon all participants to include information in sufficient detail to allow an In- formed decision process. Martin County will not be held to any minimum/maximums during the term of agreement. 12 e e e '-' ...." F. THE BID SCHEDULE In accordance with the terms, conditions and specifications, the undersigned bidder hereby submits the following prices for supplying Martin County with the goods and/or services called for in Bid # AIR 04-327 All quantities are estimates and given only as a guideline for bid preparation. See Section C, Special Provisions - C8 Quantities. The following is a treatment cost per acre on an .as needed basis for a 12 month contract period. This includes aircraft, pilot, ground crew to load, fuel and all expendables required to perform Aerial Adulticide Services. Prices shall be based on the accumulative spraying from ° to 300,000 acres or above during a 12 month contracted period. The acreage sprayed for the past three years is shown below: Year 2001 2002 2003 Acres 70,000 192,000 84,480 o C t/ A escnptlon os cre o to 100,000 acres in 12 month contract $0.85 From 100,001 to 200,000 acres in a 12 month contract $0.80 From 200,001 acres or above in a 12 month contract I $0.80 Delivery _ONE calendar days after receipt of order. If you are not the successful bidder for primary provider, would you consider serving as the secondary (backup) provider with the same terms and conditions as your bid? AYes _No /£ß~ Signature Vector Disease Control, Inc. Firm Name ACKNOWLEDGMENT IS HEREBY MADE OF RECEIPT OF ADDENDA ISSUED DURING THE SOLICITATION PERIOD: ADDENDUM # THROUGH ADDENDUM # 13 JUL-2~-2804 17:~ f=iIG f=iUlf=iTIOt-i Lf=iD ...,14 853 3120 P.01 i " . AIG AVIATION CER TIFICA TE OF INSURANCE THIS IS TO CERTIFY TO: MARTIN COUNTY JOARD OF COUNTY COMMISSIONERS 2401 S.W. MONTE~EY RD AnN: GENE LEMIRE STUART, FL 34996 THAT THE FOLLOWING POLICY liES OF INSU lANCE HA VE BEEN ISSUED TO: VECTOR DISEASE CONTROL, INC. P.O. BOX 566, 203 E. CROSS STREET I DEWrrT, AR 72042 I I I POLICY NO. A V 1850855-02 j POLICY PERIOD: From NOVEMBER 30, 2003 to NOVEMBER 30, 2004 INSURANCE COMPANY NATIONAL UNION rlRE INSURANCE COMPANY OF PITTSBURGH. PA i LIABILITY COVERAGES I LIMITS OF LIABILITY NON-CHEMICAL CHEMICAL Bodily Injury -- excluding Passengers $ e¡;¡ch person $ 100,000. each person each occurrenCe 300,000. each occurrence aggregate 300.000. aggregate Property Damage each occurrence 100,000, each occurrence ðggregate 250.000. aggregate Passenger Liability 100,000. each person Not applicable 100,000. each occurrence Not applicable Single Limit -- Property Damage & Bodily 1,000,000. each occurrence each occurrence Injury, excluding Passengers I aggregate aggregate Medical Expense -- eluding Crew each person Not applicable J each occurrence Not applicable Chemical Limits of Liability ara part of and no in addition to the Non-chemical Limits of Liability. All liability arising from anyone occurrence s~all not exceed the Non-chemical Limits of Liability. Descríption of Aircraft and Physical Damage ¡..,overage hereunder: DEDUCTIBLES FAA. YEAR INSURED NOTtN IN MOTION, LIEN CERT. NO. MAKE AND MODEL BUILT VALUE MOTION INGESTION. AMOUNT OR MOORING SEE AITACHED $ $ $ $ I I OTHER COVERAGES/CONDITIONS/REMARKS AS RESPECTS N21 00, N76SR, N2468M, 96 AS, N8707S: CHEMICAL COVERAGE APPLIES PER CHEMIC AL CA TORGORY PRC" RESTRICTED CHEMICAL. AS RESPECTS N3333G, N2707R: CHEMCIAL COVERAGE APPLIES PER CHEMI( AL CATORGORY "NA" NOT APPLICABLE The Avia1ion Managers have made provision o give the certificate holder prompt notice of cancelllJtion of any policy above. But, the Aviation Managers assume o responsibility for failure to provide such notice. This certificate does not chanç¡e in any way the actual coverages I rovided by the policy/ies specified above. Certificate No. 17 BV --c: ;¡:~~ Date of rssue 7/21/04 LAC I- I (Authorized Repr ntative) AG30 (8/01) ;: ......... ' ....1 ITEM NO. C-2b DATE: 9/28/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: First Amendment to Contract No. C04-05-395 with Native Technologies, Inc. BACKGROUND: On May 25, 2004 the Board entered into an agreement with Native Technologies, Inc. for mosquito control impoundment restoration. Staff is requesting that the Board authorize the first amendment to the agreement with Native Technologies, Inc. FUNDS AVAILABLE: Account #145115-6230-534000-6955 - Other Contractual Services PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the first amendment to contract C04-05-395 with Native Technologies, Inc., and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: I1G APPROVED [] DENIED [T OTHER: Approved 5-0 ç;,. Mgt. & Budget:;{ , Purchasing Mgr.:(X) Other: t)~ - County Attorney:(X) C).. 1 ~ 0/ Coordi nation/SiQ natures Originating Dept: Other: Finance: (Check for Copy only, if Applicable) , ~ '-" ,. FIRST AMENDMENT TO MAY 25,2004 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND NATIVE TECHNOLOGIES, INC. THIS FIRST AMENDMENT is dated this day of , 2004, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida (the "District"), and NATIVE TECHNOLOGIES, INC., a Florida corporation (the "Contractor"). WHEREAS, on May 25, 2004, the parties entered into an Agreement wherein the Contractor agreed to perform mosquito control impoundment restoration (the "Agreement"); and, WHEREAS, on September 1,2004, at 4:00, p.m., the St. Lucie County Public Safety Director declared a state of local emergency due to Hurricane Frances which state of emergency has been extended to September 29,2004. WHEREAS, Hurricane Frances caused extensive downed vegetation and damage to the dikes and culverts throughout the mosquito control impoundments significantly impairing the ability of the District to operate the impoundments; and, WHEREAS, operation of the mosquito control impoundments is essential to the health, safety and welfare of the residents of St. Lucie County; and, WHEREAS, the parties desire to amend the Agreement to provide for the Contractor to perform emergency vegetation removal and dike and culvert breach repair in the mosquito control impoundments in conjunction with the aforementioned impoundment restoration. . NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 2 of the Agreement shall be amended to read as follows: 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is to conduct mosquito control impoundment restoration, emergency vegetation removal, and dike and culvert breach repairs. The parties acknowledge and agree that this contract is being entered into pursuant to the "piggyback" provisions of Broward County School Board Project No. 3041-96-08, hereinafter called the "Broward Contract". All references to the School Board of Broward County, Florida in the Broward Contract shall be deemed to refer to the 1 ,-". .....I ." District for the purposes of this Contract. 2. Paragraph 4 of the Agreement shall be amended to read as follows: 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the District and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of 15 pages. B. Broward Contract, consisting of 12 pages. C. Contractor's Broward Contract Schedule of Unit Prices, consisting of 2 pages. D. Contractor's letter to James R. David dated April 9, 2004, consisting of 1 page. E. Contractor's Memorandum to St. Lucie County Mosquito Control District dated May 4, 2004, consisting of 2 pages. F. Contractor's letter to James R. David, dated September 22, 2004, consisting of 2 pages. G. Insurance Certificate(s) to be provided by the Contractor with an executed original of this Contract. H. Any modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 3. Paragraph 6 of the Agreement shall be amended to read as follows: 6. TERM OF CONTRACT The Contractor shall begin the work on the mosquito control impoundment restoration within five (5) calendar days after t he signing, execution and delivery of written notice to proceed and shall complete all of 2 '-' . ...".¡ the work hereunder within one hundred twenty (120) days of the date of the notice to proceed. The parties acknowledge and agree that the Contractor has already commenced work on the emergency vegetation removal and dike and culvert repair work set forth in the Contractor's letter dated September 22, 2004. The Contractor shall complete all work described in _ the September 22, 2004 letter on or before September 30, 200;(.:) Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the District, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the District in writing. The Contractor shall perform such additional services hereunder as agreed upon by the Project Managers in accordance with the rates set forth in the Contractor's bid. In the sole opinion of the District, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the District shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the District shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the District authorizes such payment in writing. As the Contractor's only remedy for delay, the District may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension 0 f the contract time. A II claims for extension of time shall be made in writing to the District. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information as appropriate. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 3 '-' ...J 4. Paragraph 7 of the Agreement shall be amended to read as follows: 7. CONTRACT PAYMENT The District shall pay the Contractor for the performance of this Contract upon the rendering of said services in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount of three hundred fifty-one thousand four hundred seventy-nine and 49/100 dollars ($351,479.49) in current funds as follows: A. Impoundment Restoration - Not to exceed eighty-seven thousand nine hundred fifty-nine and 00/100 dollars ($87,959.00). B. Emergency Vegetation Removal - Not to exceed two hundred six thousand two hundred sixty-eight and 80/100 ($206,268.80) C. Dike and Culvert Breach Repair - Not to exceed fifty-seven thousand two hundred fifty-one and 69/100 dollars ($57,251.69) 5. All other terms and conditions of the original Agreement are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: NATIVE TECHNOLOGIES, INC. 4 ::; ,- '-' BY: SECRETARY g:\atty\agreemnt\1 a-nti.wpd 5 PRESIDENT (SEAL) ....,¡ '-'" ...., ST. LUCIE COUNTY EROSION DISTRICT John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA September 28, 2004 1 . MINUTES Approve the minutes of the meeting held August 24, 2004. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 49, 50, Sl, S 2 and S 3. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' ,."., EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 24, 2004 Tape: 2 Convened: 11 :31 a.m. Adjourned: 11 :32 a.m. Commissioners Present: Vice Chairman, Cliff Barnes, Paula A. Lewis, John D. Bruhn, Doug Coward, Frannie Hutchinson absent prior appt. Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan Mclntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES 1\ was moved by COI11. Bruhn, seconded by Com. Coward, to approve the minutes oCthc mceting hcld August 10,2004; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 47 and 48. 2. EROSION CONTROL Approval to submit application and supporting Resolution No. 04-002- The Board approved the Florida Beach Erosion Control Program funding application request to the FDEP and authorized the Chair to sign Resolution No. 04-002. There being no further business to be brought before the Board, the meeting was adjourned. Chairnum Clerk of Circuit Court 08/20/04 F7.ABWARR FUND 184 TITLE '-' '-' ST. LUCIE COUNTY - BOARD WARRANT LIST #49- 14-AUG-2004 TO 20-AUG-2004 FUND SUMMARY- EROSION EXPENSES Erosion Control Operating Fund 692.30 GRAND TOTAL: 692.30 . PAGE 1 PAYROLL 0.00 0.00 - .... IJ, ".I 0 CO ~ t'I CD "" t ...... '-- I\,) \ ...... E ...; ...... 0 ~ "" l>¡ >i I'f H 0 >i ID t" ... l>¡ 0 /:I () 0 /:I 11' I'f ~ 0 .... 0 ~ 'tI & tQ CD >i I'f II 11' t" t" ,... H c: (j') /:I tQ () ~ IQ >i H ~ l>¡ ".I ".1# ¡;: &? () /:I 0 >i ø. ~ 0 tQl\,) ~ IZ 0< t" ~ t:J 0<' 0 'I\,) t 0 tz:Io t1 ~"" 0 W W l>¡ tQ>i >< HO 0 0 'Ø 0 0\ 0\ l>¡ 2:1\,) "" "" ~ ...; I "" "" tz:I ¡g .... f-I tQ (j') , I\,) 0 0 "" I\,) I\,) 'Ø CO CO ~ -.J ...; 'Ø \D \D ~ >' 0 "" "" t" (j') 1II 1II t" tz:I f-I 09/01/04 F7.ABWARR "WII '-" PAGE 1 ST. LUCIE COUNTY - BOARD WARRANT LIST #51- 28-AUG-2004 TO 03-SEP-2004 FUND SUMMARY- EROSION TITLE EXPENSES PAYROLL Erosion Control Operating Fund 2,106.79 0.00 GRAND TOTAL: 2,106.79 0.00 FUND 184 ."." ~ PAGE 1 09/10/04 ST. LUCIE COUNTY - BOARD F7.ABWARR WARRANT LIST #52- 04-SEP-2004 TO 10-SEP-2004 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion control operating Fund 1,270.29 2,879.45 GRAND TOTAL: 1,270.29 2,879.45 09/20/04 F7.ABWARR FUND 184 TITLE ., ~ ST. 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