HomeMy WebLinkAboutAgenda Packet 10-12-04
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OCTOBER 12, 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.
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BOARD OF COUNTY
COMMISSIONERS
www.co.st-Iucie.fl.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
October 12] 2004
9:00 A.M.
INVOCATION
PLEDGE OF ALLEGIANCE
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1. MINUTES
Approve the minutes of the meeting held on October 4] 2004.
2. PROCLAMATIONS/PRESENTATIONS
A. Presentation by Environmental Resources on Ralls Road property through the ESL program
B. Reading of the announcements by the County Administrator
3. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
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PUBLIC HEARINGS
SA. There are no public hearings schedule for October 12] 2004.
END OF PUBLIC HEARINGS
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HUMAN RESOURCES
Administration Agreement - Employee Benefit Plan - Employers Mutual] Inc. - Consider staff
/commendadon to approve the Administration Agreement and authorlze the Chaln".n to sign the
\Á./feement.
I /~/:wa~dH:S~:~ #04-~,~:~v~al enance~er:cars and Pick-Up Trucks - Consider staff
î \ recommendation to award RFP #04-094 reventive Maintenance Services for Cars and Pick-Up Trucks to
V\ Steve Barnett] Inc., and authorize the Chairman to sign the contract as prepared by the County Attorney.
8. COUNTY ATTORNEY
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Memorandum of Agreement - Department of Homeland Security/Federal Emergency Management
Agency; Use of Land at St. Lucie County International Airport - Consider staff recommendation to
approve the Memorandum of Agreement and authorize the Chairman to sign the Agreement.
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Consent Agenda
October 12] 2004
. Page Two
9. COUNTY ATTORNEY
Chuck/s Seafood] Inc. - Proposed Temporary Site Improvements and Future Expansion - Staff requests
direction from the Board of County Commissioners with regard to the following issues for Chuck]s Seafood]
Inc.:
1. Installation of temporary restaurant trailer and mobile production trailer onsite.
Festivals as an accessory use to the restaurant use permitted under the lease agreement.
Consider proposed expansion of facilities and operations and] if conceptually approved]
authorization to advertise the requested additional property for lease.
HUMAN RESOURCES
Retiree Health Benefit Plan Incentive - Consider staff recommendation to approve the Retiree Health
Benefit Plan Incentive retroactive to October 11 2004.
11. ADMINISTRATION
St. Lucie County Sports Complex (Tradition Field) Facilities Use Agreement - Exhibits - Consider staff
recommendation to approve the exhibits.
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CONSENT AGENDA
OCTOBER 12. 2004
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"1. WARRANTS LISTS
Approve warrants list No. 1 and 2
2. COUNTY ATTORNEY
A. Drainage Easement - Reserve Homes LTD.] L.P. - Consider staff recommendation to approve the
Drainage Easement and authorize the Chairman to sign the Easement.
B. South 2Sth Street Roadway Widening - Midway Road to Edwards Road - Engler _ Consider staff
recommendation to approve the Contract for Sale and Purchase with Carmen and Nancy Engler in
the amount of NINETEEN THOUSAND AND FIFTY and no/1 00 DOLLARS ($ 19]OSO.00) as
shown on the attached sketch and legal description] authorize the Chairman to execute the
Contract and direct staff to close the transaction and record the documents in the Public Records
of St. Lucie County] Florida.
3. AIRPORT
Proposed Parallel Runway Design - Florida Department of Transportation (FDOT) Supplemental Joint
Participation Agreement (JPA) Grant Acceptance - Consider staff recommendation to accept the Florida
Department of Transportation (FDOT) Supplemental Joint Participation Agreement OPA)] and authorize
the Chair to execute the JPA and Resolution 04-289 authorizing the Chair to sign the agreement. This
FDOT grant provides for $13]868.00 of the $S54J37.00 project total.
4. " ADMINISTRATION
~' ' , J A. Acceptance of Road Improvement Contrtbutlon from Savanna Club Joint Venture _ Consider staff
~. recommendation to accept $240]000 for the developers share of Lennard Road construction and
a Letter of Credit in the amount of $378]728 for non-site related improvements. Impact Fees
will be credited for the non-site improvements. .
0'7~ Revision to Fleet Replacement Program - Consider staff recommendation to approve the revision
,) of the Fleet Replacement Plan to change the Cargo Van for Media Relations to a SUV and approve
the additional $2]000 expense from the Fleet Replacement Funds.
5. PUBLIC WORKS
A. Engineering Division - Green Acres MSBU - Interlocal Agreements with the Property Appraiser
and Tax Collector - Consider staff recommendation to approve the Interlocal Agreements and
authorize the Chairman to sign the Agreements.
B. Engineering Division - South 26th Street M.S.B.U. - Wastewater Improvements _ FPUA _
Request Permission to advertise for the Initial Public Hearing - Consider staff recommendation to
accept the Petition and grant permission to advertise an Initial Public Hearing to be held on
November 9th to consider creating the South 26th Street MSBU.
6. INVESTMENT FOR THE FUTURE
John Brooks Dune Crossover/DEP Agreement No. CZ414 - Approve Amendment No. 1 to extend
ending date of Agreement - Consider staff recommendation to approve Amendment No. 1 to DEP
Agreement No. CZ414/John Brooks Dune Crossover to extend the project ending date to December 31]
2004] and authorize the Chair to sign the Amendment.
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Consent Agenda
October 12] 2004
. Page Two
7. CENTRAL SERVICES
Approve EQ#OS-259 for the purchase of a spot cooler for Orange Blossom Mall to assist with department
that were transferred to that location due to Hurricane Frances - Consider staff recommendation to
approve EQ#OS-2S9 for the purchase of a spot cooler for the Orange Blossom Mall location at a cost of
$4,19S.00.
8. PUBLIC SAFETY
Microphone System in the amount of $3]672.00 - Consider staff recommendation to approve the Budget
Amendment BA04-168 and Equipment Request EQ04-276 for purchase of a Microphone system in the
amount of $3,672.
9. PURCHASING
A. Third Extension to Contract No. CO l-1Q-S91 with Ronald L. Book, P;A. and the Rubin Group]
Inc. - Consider staff recommendation to approve the third extension to contract COI-I0-S91
with Ronald L Book] P.A. and Rubin Group] Inc., and authorize the Chairman to sign the
extension as prepared by the County Attorney.
B. Permission to advertise Invitation for Bid Annual Contract for Culvert/Driveway Replacement -
Consider staff recommendation to grant permission to advertise Invitation for Bid for Annual
Contract for Culvert/Driveway Replacement. .
C. Permission to advertise Invitation for Bid for Annual Contract for Enhanced Swale Maintenance -
Consider staff recommendation to grant permission to advertise Invitation for Bid for Annual
Contract for Enhanced Swale Maintenance.
D. Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane
Frances/Jeanne - Consider staff recommendation (1) Ratify the County Administrator's Order
effective September 3] 2004 at S:OO P.M.; (2) Approve the waiver of sealed bids as a result of
the declared emergency; (3) Ratify the County Administrator's approval of the emergency
purchase orders as attached; and authorize the Chairman to sign contracts as prepared by the
County Attorney.
E. Permission to issue Invitation for Bids to sell surplus equipment - Consider staff recommendation
to grant permission to the Purchasing Department to advertise for bids for surplus equipment. The
results will be brought back to the Board for award.
F. Bid #04-070 - Sale of Surplus Real Property at the Airport Industrial Park - Consider staff
recommendation to award Bid #04-070 - Sale of Surplus Real Property at the Airport Industrial
Park to the highest bidders as follows: Charles Yecker] Block 2 - Lot 10 for total amount of
$ 72]6S0.00; Carlton Branker] Block 1 . Lots 8 and 9; Block 2 . Lots 8 and 9 for total amount of
$207]604.00; Carl R. Trimble] Block 1 - Lots 10] 11] 12 and 13 for total amount of
$200]S40.00 and approval for the Chairman to sign the Deed(s).
G. Bid Waiver and sole source declaration for service and purchase of parts for certain County
Equipment for Fiscal year 2004-200S. This is for the Public Works Department] Solid Waste
Division] and Central Service Department] Service Garage - Consider staff recommendation to
approve bid waiver and sole source declaration for the parts and services to Kelly Tractor for
Caterpillar, L.B. Smith for Volvo and Samsung] Sierra International Machinery] LLC for MacPress
balers and conveyors] Continental Biomass Industries] Inc. for grinder] Lubo USA] LLC for C&D
processing equipment] Menzi USA for Menzi Muck and Great Southern Equipment for Gradall.
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Consent Agenda
October 12, 2004
_ Page Three
10. HUMAN RESOURCES
Senior Management Class Retirement Resolution No. 04-284 - designating the position of Assistant
County Administrator as being within the Senior Management Service Class - Consider staff
recommendation to adopt Resolution #04-284.
11. CUL rURAL AFFAIRS
Hispano Art Reception at the Historical Museum - Consider staff recommendation to grant permission for
wine to be served at the Historical Museum during the Hispanic art exhibit reception on October 15]
2004.
12. COMMUNITY SERVICES
Governor]s Hurricane Relief Fund - Consider staff recommendation to authorize staff to apply for the St.
Lucie County allocation from the Governor's Hurricane Relief Fund, appoint the Community Services
Director as the County designee for the program and to Chair an unmet needs committee] appoint the
United Way of St. Lucie County to be the fiscal agent and as fiscal agent] accept applications from agencies
that will provide services as identified by the unmet needs committee and approval for the County
Administrator to sign all documents necessary for this fund.
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ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
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ANNOUNCEMENTS
OCTOBER 12] 2004
1. County Commissioners meeting changes:
· The Board of County Commissioners will hold a Special BOCC Meeting on October 18] 2004 at 6:00
p.m.
· The November 2] 2004 Board of County Commissioners meeting will begin at 9:00 a.m.
· The November 9] 2004 Board of County Commissioners meeting will begin at 6:00 p.m.
· The Board of County Commissioners will hold a Special Board Meeting on November 15, 2004 at 6:00
p.m.
· The November 16] 2004 Board of County Commissioners Reorganization meeting will begin at 9:00 a.m.
The public is invited to join the newly elected Commission for cake and coffee following the reorganization
meeting.
· The December 28] 2004 Board of County Commissioners meeting has been canceled due to the Holidays.
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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.
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: October 5, 2004
Tape: 1
Convened: 6:05 p.m.
Adjourned: 7:05 p.m.
Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Frannie
Hutchinson, Doug Coward, Cliff Barnes
Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County
Administrator, Dan Mcintyre, County Attorney, Randy Stevens, Community
Development Director, Scott Herring, Road and Bridge Manager, Marie Gouin, M & B
Director, Don West, Public Works Director, Mike Powley, County Engineer, Ed Parker
Purchasing Director, Mike Bowers, Utilities Director, Sheriff Ken Mascara, Lauric
Ileistermann, Deputy Clerk, (transcribed by Millie Delgado-Feliciano, Deputy Clerk)
1. MINUTES (1-024)
It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of
the meeting held September 28, 2004; and, upon roll call, motion carried unanimously.
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2. PROCLAMA TIONS/PRESENT A TIONS
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A. The County Administrator read upcoming events.
3. GENERAL PUBLIC COMMENTS
Mr. Paul Scholl, area resident, addressed the Board regarding the problems he
encountered in the aftermath of Hurricanes Frances and Jeanne.
Mr. Scholl COlIllIWlIlcd olllhe ullcooperativt: IIHlIlnt:1' and lhe poor workmanship ol'tlle
cOlltl'tlclors ill the cOllllly as well as SOllie busincsses. MallY COl1tl'llctors do 110t retllrn
calls and is very frustrating.
He also commented that he placed calls to the County Commission and no calls were
returned.
Com. Coward stated his assistant did in fact take the call while he was out assisting those
who needed ice, water and food in the county. He also contacted Mr. Scholl before the
meeting.
Com. Brulm stated he was not aware that Mr. Scholl's house was not livable and had he
known he would have assisted him in finding a place because this was what he was doing
at that time and apologized he did not get back with him as soon as he wanted.
Sheriff Ken Mascara thanked the county citizens for their cooperation during both
storms. He also extend~d thanks to the County Administrator for his organization during
the storms. lie reported 110 deaths or busillcss/residential burglaries with the exception of'
a couple generator thefts.
4. CONSENT AGENDA (-0352)
Com. Barnes requested some type of advertising on the acquisition of Ralls Road Corp.
property, a 100 acre site.
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It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent
Agenda with item 241-3240 under mosquito, $285,000 in item C5B pulled to be brought
back; also approval of additions CA-l ,2,3 with corrected amount on item CA3 $476,350;
and, upon roll call, motion carried unanimously.
Com. Coward requested possible additional special voting location sites being placed
throughout the county to ease the voting process due to the hurricanes.
1. WARRANT LIST
The Board approved Warrant List Nos. 54 and 55.
2. COUNTY ^ TTORNEY
A. Florida Communities Trust- Ten Mile Creek East/FCT Project 02-056-
FF2- The Board approved the option agreement for sale and purchase
ofthe Ralls Road Corp. parcel for $3,300,000.00 as shown on the map,
authorized the Chainllan to execute the agreement and directed staff to
close the transaction and record the documents in the Public Records
of S1. Lucie County, Florida.
B. Florida Communities Trust- Ten Mile Creek East/FCT Project 02-056-
FF2 Ralls Road Corp- The Board approved Work Authorization No.
15 with LBFH, Inc., in the amount of$27,580.00 and authorized the
Chairman and County Attorney to sign the Work Authorization.
3. MANAGEMENT AND BUDGET
A. Deletion of Land and Improvements from Fixed Asset Inventory
accordance with the procedures outlined in the purchasing manual,
section I ~L4 (The Purchasing Department and or OMB will seek
approval from the Board to remove the item from the Capital Asst
Inventory if the item cannot be utilized elsewhere in the county- The
Board approved the deletion of the capitalized items which capitalized
as of September 30,2003.
B. Tax Collector requesting advance for October- The Board approved
the advance for the Tax Collector as outlined by Florida Statute 192-
102.
C. Medical Examiner's FY 04 Budget Change- The Board approved the
Medical Examiner's request to purchase 8 stainless steel autopsy trays.
4. UTILITIES
Work Authorization with LBFH, Inc., for engineering services for the design and bidding
services for the North Hutchinson Island Wastewater Treatment Plant improvements and
modifications in the amollnt of$33,750- The Board approved the Work Authorization
with LI1FII ill the amOlIl1 or$33,750.
5. PURCHASING
A. Change Order # 1 with Dependable Roofing Systems, Inc., for roof
replacement at the F1. Pierce Community Center- The Board approved
change order # 1 to contract C04-04-246 with Dependable Roofing
Systems, Inc., for $18,360 and authorized the Chairman to sign change
order # 1 as approved by the County Attorney.
B. Approval of Bid Waiver and Ratification of Emergency Purchase
Orders from Hurricane Frances- The Board approved 1) ratifying the
County Administrator's order effective September 3,2004 at 5:00
p.m.; 2) approved the waiver of sealed bids as a result of the declared
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emergency; 3) ratifying the County Administrator's approval of the
emergency purchase orders and credit card statements as attached; and
authorized the Chairman to sign contracts as prepared by the County
Attorney.
CA-l PUBLIC WORKS
ESRT and ARCP AD Software- The Board approved the bid waiver and sole source to
purchase software and the tablet PC and approved Budget Amendment 05-101 equipment
request EQ05-257 and EQ05-258.
CA-2. - UMAN RESOURCES
Hurricane Jeanne compensation for exempt employees- The Board approved the
compensation for exempt employees.
CA-3. SUPERVISOR OF ELECTIONS
Request authorization to purchase New Accu-Votes with memory cards due to damage
from the hurricane- The Board authorized the purchase of75 new Accu-Votes with
memory card in the amount of$476,350.
REGULAR AGENDA( 1-0599)
5.A COUNTY ATTORNEY
Petition for Abandonment- Abandon a drainage/utility easement located on the South
side of Lot 9-Blcok 173-A Lakewood Park Unit 12A Resolution No. 04-262- Consider
staff recommendation to approve Resolution No. 04-262, instruct staff to publish the final
Notice of Abandonment, record Resolution No. 04-2,62 Proof of Publication of the Notice
of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public
Records of St. Lucie County, Florida.
It was moved by Com. Coward, seconded by Com. Hutchinson, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
5.B PUBLIC WORKS (1-0741)
Public Hearing to review the application request of Bay Hill Holdings, Inc., LLC Florida
Rock Industries, Inc.,- for a Mining Permit renewal- This request was to seek Board
approve for a Class II mining permit for a period of20 years (North Plant)- Consider
staff recommendation to approve a Class II mining permit for twenty years to be updated
every 24 months subject to special conditions as outlined.
Crushing l-lours- Monday lhru Wedncsday- 5:00 a.m.- 9:00 p.m.; Thursday and Friday-
6:00 a.m. - 6:00 p.m.; Saturday 6:00 a.m. - 3:00 p.m.
The applicant requested a change in the above operation hours to:
Excavator: 6:00 a.m.- 10:00 p.m. Monday -Friday
6:00 a.m. - 3:00 p.m. Saturday
Blasting
ú:OO a.I11.-(d)O p.m. Monday - Saturday
6:00 a.I11.-1 0:00 p.m. Monday -- Wednesday
6:00 a.m.-l 0:00 p.m. Thursday & Friday
6:00 a.m.- 3:00 p.m. Saturday
9:00 a.m.-5:00 p.m. Monday-Friday
Shipping:
Crushing
Mr. .lames Morgan, Glades Cut offresident, addressed the Board in favor of the project.
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Mr. Phillip Stickles, Glades Cut off resident, addressed the Board in favor of the project.
Com. Coward commented that he was pleased Florida Rock was working with the area
residents and addressed the environmental issues for the area.
Mr. Robert Martin applicant representative stated it would difficult at this time to
accolllmodate the rcqucst of keeping the smal1 islands on the lake but wil1 do as best as
they can to upgrade the area by possibly forming "fingers" on the sitc.
The applicant representative also statcd they concurred with the relocation orthc tortoises
as well the reclamation process and work with staff on this issue.
Com. Coward requested staff review codes regarding reclamation and mining issues.
It was moved by Com. Coward, seconded by Com. Bruhn, to approve the mining permit
with the amended hours of operation and stated conditions; and, upon roll call, motion
carried unanimously.
6. COUNTY ATTORNEY (1-1578)
Resolution No. 04-191- Solid Waste Rate Resolution- Consider staff recommendation to
adopt the Resolution and authorize the Chairman to sign the resolution.
It was moved by Com. Coward, seconded by Com. Barnes, to approve Resolution No.
04-191 and authorize the Chairman to sign the resolution; and, upon roll call, motion
carried unanimously.
BOARD COMMENTS
Com. Bruhn requested the PIO officer interview a staff member from FEMA regarding
what they do provide and do not provide.
Com. Coward suggested a building department staff member also be interviewed
answering questions regarding permits etc.
Com. Barnes suggested staff investigate a hurricane impact fee for shelters and
emergency operations buildings.
Com. Barnes also commented on the Nextel communications issue. He received an
inflated bi 11 from Ncxtcl and asked this be looked into.
The County Administrator stated he spoke with the Governor and staffwi1l be contacting
the Attorney General and requesting an investigation be conducted. The county did
recei ve a cred it () ' Scptel1l ber.
Com. Hutchinson commented on issues starting to surface regarding codes at a state level
which the county does not have control over.
The County Administrator stated the county and the state have been receiving phone calls
from nursing homes needing power or fuel for generators. He stated he spoke to the
governor and suggested that any nursing home facility before licensed should be required
to have a generator sufficient to run the facility for a certain number of days. He asked if
this cannot be made a state law, then he suggested the county draft an ordinance on the
subj ecL
Com. Hutchinson suggested these issues be brought up at the legislative level in the near
future.
(:0111. Ball1l:s slIggl:stcd gn)Cl:ry stores and pharmacies (large chains) also have
gl:nerators avai lable to assist them in opening the stores to the public.
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The County Administrator stated there will be ideas submitted at the next Strategic
Planning session. Also, there will be a wrap up on the hurricanes and the aftermath. If a
worksession is needed lor December, one will be scheduled.
The County Administrator advised the Board about temporary housing on the way from
FEMA and everyone's efforts to get things rolling again as soon as possible.
The County Attorney requested the Board approve an extension on the State of
Emergency for Hurricanes Frances and Jeanne.
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the extension
on the State of Emergency for Hurricanes Frances October 13,2004 and Jeanne October
14,2004; and, upon roll call, motion carried unanimously.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of Circuit Court
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AGENDA REQUEST
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ITEM: # 6
DATE: October 12, 2004
REGULAR [X]
PUBLIC HEARING [
CONSENT [ ,]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): Human Resources
PRESENTED BY: Carl Holeva
H. R. Director
SUBJECT:
Administration Agreement - Employee Benefit Plan - Employers Mutual, Inc.
BACKGROUND:
See Attached Memorandum
FUNDS AVAIL:
505-1900-369050-1911
505-1900-369050-1912
505-1900-369050-1914
505-1900-369050-1915
505-1900-369050-1916
505-1900-369050-1917
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the Administration
Agreement and authorize the Chairman to sign the Agreement.
COMMISSION ACTION:
C07NCE:
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Douglas M. Anderson
County Administrator
~ APPROVED [] DENIED
[ ] OTHER:
. Approve 5-0
Review and Approvals
County Attorney:
Management & Budget:
Purchasing:
Originating Dept. Human Resources
Other:
Other:
Finance: (Check for Copy only, if applicable)_
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Carl Holeva, Human Resources Director
DATE:
October 6, 2004004
SUBJECT:
Administration Agreement - Employee Benefit Plan -
Employers Mutual, Inc.
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BACKGROUND:
Attached is a proposed agreement between the County and Employers
Mutual, Inc. (EMI) for EMI to provide administration services for the County's
employee benefit plan, The proposed term is three (3) years. The proposed
compensation schedule is set out in Schedule A. The Claims Administration fee will
remain at $12.50 per employee per month. The Access Management fee, the
Dimension Plus fee and the Flexible Spending Account fee are fees. The Bradman
Unipsych fee is an existing fee with a slight increase.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve the Administration Agreement
and authorize the Chairman to sign the Agreement.
Respectfully submitted,
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Carl Holeva
Human Resources Director
Attachment
Carl Holeva - Master Admin Aqreement for ECN Clients. doc
Page 1
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EMPLOYERS MUTUAL, INC.
ADMINISTRATION AGREEMENT
THIS AGREEMENT is effective this 1st day of October 2004. by and between ST.
LUCIE BOARD OF COUNTY COMMISSIONERS, with an address 2300 VIRGINIA
A VENUE, FORT PIERCE, Florida 34982, hereinafter referred to as the "Plan Sponsor" and
EMPLOYERS MUTUAL, INC., a Florida Corporation. hereinafter referred to as the "Contract
Adm inistrator".
WHEREAS. The Plan Sponsor has established an Employee Benetit Plan. hereinafter
called the "Plan". which provides t(1r direct payment of certain health and welfare benetits to and
tÒr certain eligible individuals as detined by the Plan's Master Plan Document. such individuals
being hereinafter referred to as "Plan Members";
WHEREAS. The Plan Sponsor desires to engage the services of the Contract Administrator
to provide administration services for the Plan;
NOW THEREFORE. in consideration of the mutual covenants and conditions as
contained herein the parties hereto agree as tallows:
SECTION 1- DUTIES AND RESPONSIBILITIES OF THE CONTRACT ADMINISTRATOR
1.0 I The Contract Adniinistrator agrees to perform the following administrative services for the
Plan Sponsor:
(a) assist in the preparation and printing of a Master Plan Document. or plan booklet.
and identitication cards. the vendor expense for which shall be billed to the Plan
Sponsor on an incurred basis. and other material necessary to the operation of the
Plan;
(b) process all claims presented for payment. including but not limited to. reasonable
investigatory work in determining claim eligibility. noticing initial subrogation
illkrvention. and preparing and distributing benetit checks or drafts to employees
and/or service providers;
(c) initiate a hospital bill audit tor all claims meeting established criteria;
(d) ansvver inquiries from the Plan Sponsor. Plan Members and service providers
concerning requirements. procedures or benetits of the Plan;
(e) rev iew all appl ications for coverage under the Plan based upon underwriting
guidelines established by the Plan Sponsor. to determine eligibility tor status as a
Plan Mem bel';
(f) maintain all claim tiles for the Plan;
(g) prepare and provide to the Plan Sponsor monthly reports of monies received tì'olll
C.arl Holeva - Master Admin Aqreement for ECN Clients.doc
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the Plan Sponsor and all disbursements made to or on behalf of Plan members;
(11) provide the Plan Sponsor with a report of the operation of its Plan once a year; and
(i) assist the Plan Sponsor in preparing reports and returns required by any local, state
or tederal government pertaining to the operation of the Plan.
SECTION II - DUTIES AND RESPONSIBILITIES OF THE PLAN SPONSOR
2.0 I The Plan Sponsor shall have tinal authority in determining benefit provisions and Plan
language describing such benetit provisions as outlined in the Plan's Master Plan Document
and Plan Booklet.
2.02 The Plan Sponsor shall have tinal authority in determining the eligibility of claims to be
paid by the Plan. The Plan Sponsor acknowledges that excess risk insurance coverage
purchased by the Plan Sponsor will not provide coverage with respect to any claims not
eligible under the express terms and conditions of the Plan.
2.03 The Plan Sponsor shall have tinal authority in directing the Contract Administrator as to the
investment and use of Plan Sponsor assets.
2.0"¡ The Plan Sponsor shall be responsible ti.Jr collecting all appropriate contributions to pay
Plan benefits from all Plan Members in the Plan. Failure to collect any such contributions
shall not relieve the Plan Sponsor from its obligation to fund the Plan as required to pay all
benetits uncleI' the Plan and tees incurred by the Plan.
2.():' I'he Plan SplHlsor shall be responsible for taking the following actions:
(a) provide the Contract Administrator with a complete and accurate list of all
individuals eligible for benetits under the Plan and who are enrolled in the Plan;
(b) noti tY the Contract Adm inistrator on a timely basis of any changes in eligibi lity and
participation;
(c) distribute (and return to Contract Administrator when necessary) to all eligible Plan
Members all appropriate and necessary materials and documents, including but not
limited to. summary plan descriptions, Plan language amendments. identitication
cards, enrollment forms, applications and notice forms as may be necessary for the
operation or the Plan or to satisfy the requirements of state or tecleral laws or
regulations;
(d) satis fy any and all reporting. notice, disclosure, and return req ui rements imposed by
state and tederal statutes and regulations upon the Plan;
(e) utilize and maintain the Contract Administrator as the single, sole and exclusive
contract administrator to assist the Plan Sponsor in administering the Plan; and
(f) provide the Contract Administrator with any additional information incidental to the
Plan as Illay be requested by the Contract Administrator from time to time.
1
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SECTION III - FUNDING
3.0 I The Contract Administrator shall deposit all monies forwarded by the Plan Sponsor into the
Plan Sponsor's account(s).
SECTION IV - CONTRACT ADMINISTRATOR'S FEES
4.0 I The Contract Adm in istrator shall recei ve consideration in accordance with Schedule A
herei n incorporated by reference. A II monthly fees shall be paid by the 10th day of each
month.
4.02 If the Plan Sponsor. for any reason whatsoever. fails to make a required fee payment or
necessary contribution for claim payment as requested by the Contract Administrator on a
timely basis. the Contract Administrator may suspend the performance of its services to the
Plan until such time as Plan Sponsor makes the proper remittance. The Contract
Adm inistrator may charge interest to the Plan Sponsor on all past fees due to Contract
Adm inistrator at the rate of one and one-hal I' percent ( 1-1/2%) per month or the maximum
rate allowed hy law. whichever is less.
4.03 Other fees and commissions. Plan Sponsor agrees that Contract Administrator shall
be entitled to receive such commissions as may be payable by reason of Contract
Administrator's market analysis and placement of specitic/aggregate stop loss
insurance coverage with a carrier or carriers of such insurance products in an
amount not to exceed 10% of premium.
4.03 In the event this contract terminates. the Contract Administrator and Plan Sponsor may
agree in writing to have the Contract Administrator process the incurred but unpaid claims
at such rate as agreed upon.
SECTION V - LIMITS OF THE CONTRACT ADMINISTRATOR'S RESPONSIBILITY
5.01 The Contract Administrator shall have no responsibility. risk. liability or obligation for the
funding of Plan benefits. The responsibility and obligation for funding Plan benetits shall be
solely and totally the responsibility of the Plan Sponsor.
5.02 Contract Administrator shall be liable for the recovery of claim processing errors ansll1g
tì'om the Contract Administrator's performance pursuant to the terms of this Agreement.
excepting I iabil ity for any such error that is reasonable. made in good faith. and within
acceptable industry standards. Contract Administrator shall use diligent efforts toward the
recovery of any loss therefrom. Contract Administrator's liability. if any. shall be limited to
that amount in excess ol"the claim amount(s) payable under the terms of tile Plan.
5.03 It is unckrstood and agreed that the Contract Administrator is and shall remain <::In
independent contractor vvith respect to the serviœs being performed by the Contract
Administrator pursuant to this Agreement and shall not for any purpose be deemed an
employee of the Plan Sponsor, nor shall the relationship of the parties be deemed that of
~
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partners or joint ventures. Contract Administrator does not assume any responsibility, risk,
liability or obligation for the general policy direction of the plan, the adequacy of the
funding thereof: or any act or omission or breach of duty by parties other than Contract
Administrator. Contract Administrator shall not be deemed an insurer, underwriter or
guarantor ,vith respect to any benetits payable under the plan.
5.04 It is understood and agreed that the Contract Administrator is not a tiduciary to the Plan.
Notwithstanding anything in the Agreement to the contrary any delegation of authority or
duties pursuant to this Agreement construed by a court of law or governmental agency to
make the Contract Administrator a tiduciary shall be null and void, and such duties are
hereby retai ned by the Plan Sponsor.
SECTION VI- PROVIDER NETWORK
6.01 The membership of the Sponsor's Plan will receive health care delivery through EMl"s
contracted provider network (Employers Community Network. "ECN") for which "access"
is contracted. This includes access to the Dimension Health Network in Palm Beach,
Broward, Dade and Monroe counties. For employees who live in the Dimension Health
Network service area the Plan Sponsor will be billed the Dimension Access fee.
6.02 The Plan Sponsor or the Contract Administrator may negotiate the provider network
contract with both parties being knowledgeable of the terms of the tee(s) to be paid for the
network "access" privilege.
6.03 The Contract Administrator will maintain records of the contracted providers on its claims
processi ng system ti les.
6.04 The Contract Administrator will maintain records of the negotiated claims payment
allowances for the contracted providers within the network.
SECTION VII - OllT OF NETWORK SERVICES
7.01 The Contract Administrator may at its discretion, negotiate reduced billings tì'om hospitals.
physicians and ancillary providers in the instance of allowable services performed outside
the provider network contracted for health care delivery to the Plan membership. However,
the Contract Administrator shall have no aftirmative duty to negotiate the billing reductions
except as provided under Section 1.01.
7 . iJ 2 A II expenses and fees incurred in the provider fee negotiations shall be deducted from the
billed charges savings. The Contract Administrator will be entitled to 15% of the negotiated
sav IIlgs.
7.03 The Contract Administrator is authorized to negotiate and remit payments of the billable
charges and other incurred expenses and fees.
5
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SECTION VIII - UTILIZATION MANAGEMENT SERVICES
8.0 I i\lanagement Services. The function of these services is to make recommendations
as to whether speci tic health care services are covered by the plan, that proposed
treatment is consistent with industry standard protocols and is medically necessary as
ddined under the Plan Document. The utilization management service does not
dcterm i ne what med ical treatment shall be provided to the patient. The Contract
Administrator agrees to perform the following Utilization Management Services for
thc Plan Sponsor:
(a) Pre-Certification. Plan Administrator will prospectively revievv the medical
necessity of scheduled hospital admissions. contemplated surgical procedures and
other health care services as required in the Plan Document. The pre-certification
process will review Provider's and Patient's plans for care. Second medical
opinions will be recommended when medical necessity appears uncertain. This
pre-certitication process will also review surgical necessity and proposed length of
stay.
Pre-Certitication shall initially be conducted by the Plan Administrator's
Utilization Management Nurse who will advise the physician and patient whether
the pend i ng adm ission or surgical treatment is medically necessary as defined
under the Plan and, if so, the recommended length of stay for the specific
diagnosis or procedure involved. In now event shall any such recommendation be
construed as prec I udi ng any health care service. The decision for adm ission shall
be the sole responsi bil ity of the patient and the patient's physician.
(b) Concurrent Review. Contract Administrator shall review and monitor
emergency hospital admissions and ongoing hospital confinements to make
recommendations concerning the medical necessity of continuing inpatient care.
(c) Discharge Planning. Contract Administrator will consult with the patient
attending physician(s) and hospital to assure that discharge planning is conducted
on a timely basis, recommending less intensive settings for care and treatment
when appropriate.
(d) Case Man,'gemen t. Contract Adm i nistrator shall provide Case Management
services to assist patients in the coordination and administration of health care in
the treatment and care of long-term or terminal illness and serious injuries
requiring extended care. Contract Administrator will identify potential cases for
Case Management based 011 the severity of diagnosis. This program utilizes an
interactive approach involving the case manager, attending physician, hospital,
patient and the patients tàm i Iy.
(e) Medicnl/Peer Review Consulh,tions. The Contract Adm inistrator Uti I ization
Management Department Illay utilize the services of a peer review physician for
h
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review of medical records as the tinal process of a request for appeal. Charges
incurred as a result of these reviews will be billed to the patients claim tile.
SECTION IX - COBRA
9.0 I Contract Administrator will provide the following COBRA non-discretionary, ministerial
record-keeping and notitication services on behalf of the employer:
(a) Generate and send employer a monthly bill for COBRA services.
(b) Generate and send COBRA notice and election form to Qualitied Beneticiaries
(QB's) immediately following a Qualitying Event.
(c) Generate and send monthly bills to QB's.
(d) Provide telephonic support for QB's (regarding eligibility, billing issues, etc.).
(e) Process prem i ums.
(f) Communicate eligibility ofQB's to carriers.
(g) Generate and send reports to carriers.
9.02 Contract Administrator has no responsibility for these services prior to the effective date
of this agreement with the Plan Sponsor.
SECTION X - HIPAA
10.01 Contract Administrator qualities as a business associate of the Plan Sponsor, as detined in
Title 45 Code of Federal Regulations Section 160.103, the Administrative Simplification
provisions of the llealth Insurance Portabil ity and Accountability Act of 1996 (1-1 IPAA).
Contract Administrator agrees to pertorm its responsibilities called for under this
Agreement in a manner which complies with the requirements of HIPAA then in effect
and as applicable to Contract Administrator.
Further, Contract Adm i nistrator speci tically agrees to the followi ng req ui rements:
(a) Contract Administrator shall not use or further disclose individually identifiable
personal health inllmnation other than is permitted by this Agreement or as
authorized by law;
(b) Contract Administrator shall use appropriate safeguards to prevent unauthorized
uses or disclosures of individually identitiable personal health intormation and
report any sLlch disclosure to the Plan Sponsor;
7
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(c) Contract Administrator shall ensure that its employees, agents. contractors and
representatives agree to comply with the foregoing requirements. Contract
Administrator shall take immediate corrective action against any of its employees.
agents, contractors or representatives who use or disclose individually identitiable
personal health information in violation of this Agreement:
(d) Contract Administrator agrees that the remedy for a violation or breach of this
Agreement shall include equitable relief. and that Plan Sponsor may seek to enjoin
the unauthorized disclosure or seek aftirmative relief requiring the return or
destruction of individually identitiable personal health information in the
possession or custody of Contract Administrator. its employees. agents.
contractors or representatives or other third parties persons not authorized to such
possession or custody.
SECTION X[ - SUBROGATION
11.0 I The Contract Administrator may at its discretion. pursue subrogation rights on behalf of the
Plan Sponsor or may contract with a third party to pursue such rights of recovery. However.
the Contract Administrator shall have no aftirmative duty to pursue. or to contract with any
third party to pursue. such rights of subrogation except as provided under Section 1.01 (b).
The Plan Sponsor shall cooperate with the Contract Administrator or any such third party
subrogation contractor in the recovery effort.
11.02 All costs and fees incurred in connection with any subrogation action shall be paid out of
any recovelïes.
11.03 Contract Administrator. or any third palty subrogation contractor, is authorized to negotiate
and settle all subrogation actions.
SECTWN XU - RECORDS
12.0 I During the term of this agreement. Contract Administrator shall maintain all records and
ti les in conj unction with the adm inistrati ve services to be performed hereunder. A II records
and files generated are. and will remain. the property of the Plan Sponsor. The term "records
and tiles" shall mean the claim tiles. unissued and canceled checks. bank statements.
enrollment cards, copies of reinsurance applications and contracts. copies of the account
ledger sheets of any Plan account(s), and copies of any computer records.
12.02 The Plan Sponsor shall not have acœss to any records containing personal information.
unless appropriate releases and authorizations are presented to the Contract Administrator.
Personal information includes. but is not limited to, medical record information as well as
any other individually identifiable information gathered in connection with a benefit
transaction.
12.03 The Contract Administrator shall within thirty (30) days written notice tì'om the Plan
Sponsor. allow the Plan Sponsor or an authorized agent to inspect or audit all records and
x
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tiles, except as described in Section 9.02 above, maintained by the Contract Administrator
at the administrative oftice of the Contract Administrator during normal business hours. The
Plan Sponsor shall be liable for any and all fees to be charged by the auditor. Any such
agent or auditor that has access to the records and tiles maintained by the Contract
Administrator shall agree not to disclose any proprietary and confidential information used
in the business of the Contract Administrator.
SECTION XlJI- mSCLOSURE
13.0 I It is recogn ized and understood by the Plan Sponsor that the Contract Adm inistrator is not
an Insurance company.
13.02 It is recognized and understood by the Plan Sponsor that the Contract Administrator is
subject to all laws and regulations applicable to contract administrators.
13. 03It is recognized and understood by the Plan Sponsor that the Contract Administrator may
provide a hospital bill audit service itself or through a designated agent. Contract
Administrator or its agent may receive a percentage of any reduction in claim amount(s),
after costs. resulting from the hospital review bill process.
SECTION XIV- INDEMNIFICATION
14.0 I The Contract Administrator agrees to indemnify. defend and hold the Plan Sponsor
harml ess:
(a) for any penalty or tine the Plan Sponsor shall suffer to the extent that is the tàult of the
Contract Administrator
(b) for any claim payment that is made in error provided the amount paid in error is not
recoverable through normal procedures and provided it was with in the Contract
Administrator's ability to discover the error using a standard of care reasonable under
the circumstances. subject to the limitations as stated in Section V of this Agreement.
(c) for any claims resulting tì'om errors, omissions or negligence on the part of the Contract
Adm inistrator unless the actions of the Administrator were taken at the direction of the
Plan Sponsor or as the result of the Plan Sponsor's negligence.
14.02The Plan Sponsor agrees to indemnity. defend and huld the Contract Administrator. its
ofticers. directors. employees and representatives harmless:
(a )for any and all claims or liability that arise out of this agreement. including reasonable
attorney and accounting fees incurred with respect to any claims. suits. actions.
investigations or proceedings brought by a third party and asserted against any Contract
Administrators Indemnitee.
\ b! for any action resulting from the Contract Administrator acting at the direction of the
l)
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..."
Plan Sponsor In the event the Contract Administrator becomes liable to any third
parties;
(c )for any action resulting tì'om a cause of action relating to any negligent act or omission
or willful misconduct in connection with this agreement.
14 .03 Both parties acknowledge that Plan Sponsor is the tinal authority in the administration of
this program.
SECTION XV- TERM OF AGREEMENT
IS.OI This Agreement shall become effective at 12:01 a.m. on the ]'1 day of October and shall
remain in effect fÒr a term of three (3) years unless renewed or terminated as provided
below. The atorementioned effective date. and each annual effective date anniversary, shall
also be known as the Plan's "Anniversary Date".
SECTION XVI - TERMINATION
16.0 I It is understood and agreed that either party shall have the right to term inate this agreement
on any Anniversary Date by:
(<1) the Plan Sponsor giving the Contract Administrator not less than ninety (90)
days advance written notice of termination.
(b) the Contract Administrator giving the Plan Sponsor not less than ninety (90)
days advance written notice of term ination.
16.02 Contract Administrator may. at its sole discretion. terminate this agreement in the
event that the Plan Sponsor t~lils to properly fund the Plan within tifteen (15) days
of receiving a written request to do so from the Contract Administrator.
16.03 Upon termination by either party, the Contract Administrator shall, within ninety (90) days
of the term ination of services under this agreement, del iver to the Plan Sponsor a complete
and tinal accounting of the financial status of the Plan. Contract Administrator shall, upon
the request and at the expense of the Plan Sponsor. provide computer runs detai I ing various
aspects of Plan Sponsor's Plan. Upon term i nation, the Plan Sponsor understands and agrees
that. e\cept where there is evidence of gross negligence or willful misconduct or tì·aud. the
Contract Adm inistratur is released from all I iabil ity, loss, or damage arising in any manner
out of the Plan or its administration or the performance by Contract Administrator pursuant
to the terms of this Agreement.
16.04 It is understood that at term i nation of th is Agreement. the Contract Adm inistrator shall
process incurred-but -not -reported and not prev i ous I y processed c lai Il1S of "run-out" at a
fee Illutually agreed upon by Plan Sponsor and Contract Administrator.
16.05 All notices or other communications required by this section shall be effective upon deposit
to
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.....,
with the United States Postal Service for delivery by cel1itied mail, return receipt requested.
16 . 06 This agreement shall automatically renew for subsequent one (I) year terms upon the
expiration of the term hereof: unless terminated in accordance with Section XVI.
SECTION XVII- BONDING
17.0 I The Contract Administrator shall. within thirty (30) days of the receipt of a written demand,
present evidence to the Plan Sponsor that its employees are fully bonded as required by state
and federal statutes and regulations.
SECTION XVIII - MISCELLANEOUS PROVISIONS
18.0 I If any provision of this Agreement is held invalid or unenforceable. such invalidity or
unenforceability shall not affect any other provision. and this Agreement shall be construed
and entorced as ifsuch provision had not been included.
18.02 This Agreement may be amended by Plan Sponsor and Contract Administrator at any time
by mutual written consent of both pal1ies. No amendment, under any circumstances, may
reduce any benetiL which might be paid for any cause prior to the amendment or prejudice a
claim.
IS.O] Plan Sponsor is hereby designated as agent tor service of legal process on behalf of the plan
at its principal oftice.
18.04 It is understood that Contract Administrator will from time to time take advantage of
processing et1ìciencies through system developments of communication and/or interface
with other systems or via the Internet. It is further understood that these improved system
capabilities of data base interrogation. tile maintenance or claims processing will be offered
to the Plan Sponsor at a negotiated fee.
18.05 It is understood and agreed that Plan Sponsor is the named Plan Administrator within the
meaning of Section 414(g) of the Internal Revenue Code of 1986, as amended. and is the
named Administrator within the meaning of Section 3( 16)(A) of the Employee Retirement
Income Security Act of 1974 (ERISA), as amended.
18 . 06This Agreement is the entire agreement of the parties and supersedes all prior contracts.
representations, understandings. memoranda and other communications between the parties.
II
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SECTION XIX - ATTACHMENTS TO THE ADMINISTRATION CONTRACT
19.01 The following list of Schedules attach to and become part of the body of this contract and
are herein incorporated by reference when selected by the Plan Sponsor as pmi of the
administrative services to be performed by the Contract Administrator.
· FEE SCHEDULE - Schedule A
PLAN SPONSOR
ST. LUCIE BOARD OF
COUNTY COMMISSIONERS
CONTRACT ADMINISTRATOR
EMPLOYERS MUTUAL, INC.
By:
By:
Name:
Name: .Jim Davis
Title:
Title: Vice President, Sales & Marketin!!
Date:
Date:
12
·FILE No.507 10/07~1 13:12 ID:EMPLOYERS MUTUAL,INC.
FAX: 177228713~
....,
PAGE 2/ 2
,
SCHEDULE A - FEE SCHEDULE
THIS SCHEDULE is 'effective from the 1- day of Oetober 2004, through the 30dl day of
September. by and between ST. LUCIE COUNTY BOARD OF COUN'rv COMMISSIONERS. with
an address of 1300 VJR,GJNJA AVENUE, FORT PIERCE, Florida 34982, ~feneó to as I'Plan Sponsor'·
and EMPLOYERS MUTUAL, INC., referred to as "Contract Adrninistratar". This Schedule supplements
the Adminisntion Agreement by and between Plan Sponsor and Contract A4ministrator effective the 111
day of JANUARY 1988.
Pursuant to the . AdminisTtation Agreement, . Plan Sponsor shall provide to Contract Administrator the
fonowing administrative fees and other costs for the Plan Year beginning the I" day Oetober 2004.
moo
PER J:MrLOVEt; PEp MONTII
ClaiJDI Administration: $11.50
(Includes mesdleal, deatat utllizatiou review, c:ase management, COBRA, HIP AA, re-pricing)
EM! Network AccesalMaDagemeøt: $3.00
(Iucludes Employers CommuDity Network & Dimensioø Plus)
Dlmeusioll Plus $4.50
(Ouly appUes for employees resicUDg in Palm Beach, Broward, Dade & Monroe Counties)
BradllUUllUDipsyeJ¡ Meatal øealth Carve-øllt: $5.82
FJestbIe Spending Account Admbdstration $5.50 (per participant) ,
(Jocludes mecUea1 & depeadent eare aceounts aud the debit c:ard)
ReiD_uraDu Placement Agent or Record
(Includes specific/aggregate stop toss coverage)
Life, AD&D Imurance Agent ofllecord
(Incl~des baaic i ~upplemeQtal group life & AD&P coverage's)
~m\ewal1uqease: Tbc above fees arc based 011. 12·month ¡uuanœe. The first renewal effective 10/1/05 wiD be an
8% ÏPCrcue to the Claims Administration feé·from $12.5010 $13.50. After the 1011/05 renew.t EM! guarantees that
Cl~ Administration, FSA AdmúUsntion and ECN Network Access feci wiU tlot exceed mote than 5% annually.
The Contnct Administrator cannot guuantee tbe Dimension Plw Of BradølaDlUaips)'ch fees.
. Addlde.... SeI"VÚ!l!ll Ne, Çoverm Abnv,
If .dditional ~iccslprojects arc: requested 1Ð' Plan Sponsor. and Conlrac:t Administntor agrees to doliver additional
scrviceslprojecø. then 'the fee for these additiooal serviceslprojccÞ will be COIIlPQted based upon the: time and ~cnals needed to
deliver those additional serviCCllprojects.
Printing" mailing costa for provider directories, Summary Plan documents, outsourced ID '*4 prøduction and similar itemS will be
a pus through cost at the expense of the Plan Sponsor and arc: not inc1uded In the fce& above.
The cost to develop a complete ad hoc report package custOmized to the Plan Sponsor needs win be computed ba&ccI upon the time,
complexity 111\4 programming nceded to deliver these repoIis.
The fee for dovclopmg ønd maintaùùng 11'1)' data interchanges and in~ e.g., eügibility to pbannacy vetldors. networks. positive
pay bank intcrf8¡:Q¡ arc not inch~ in the fees above. '
Upon request from the Plan Sponsor to ~vidc lilY of these additional servico&'projectl or materials. ConÞ'llCt Aåministrator will
develop a budset and obtain prior written consent of the Plan Sponsor before proccedÚlg.
13
ITEM NO~-7
DATE: 10/12/04
AGENDA REQUEST
REGULAR (X)
PUBLIC HEARING ( )
CONSENT ( )
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Purchasing Department
Ed Parker, Purchasinq Director
SUBJECT: Award of RFP #04-094, Preventive Maintenance Services for Cars and Pick-Up Trucks.
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: Various Department Accounts
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners to uphold the
Selection Committee's recommendation to award RFP #04-094 Preventive Maintenance Services for
Cars and Pick-Up Trucks to Steve Barnett, Inc., and authorization for the Chairman to sign the
contract as prepared by the County Attorney.
COMMISSION ACTION:
CE:
()Q APPROVED () DENIED
( ) OTHER
Approved 4-1
(Comm. Coward - No)
Motion to strike out extensions
and award for 1 year only and
rebid after the first year.
o G NDERSON
COU Y ADMINISTRATOR
Coord ination/Sianatures
County Attorney (X ) ~
Originating Dept. ( )
Mgt. & Budget ( )
Other ( )
Purchasing (X)
¢//
Other ( )
Finance: (check for copy, only if applicable)_
\...i
.
BOARD OF COUNTY
COMMISSIONERS
....,,¡
PURCHASING
DEPARTMENT
Ed Parker
Director
MEMORANDUM
To:
Board of County Commissioners
Ed Parker, Purchasing Director cA/ r
From:
Date:
October 6,2004
Re:
RFP #04-094 - Preventive Maintenance Services for Cars and Pick-Up Trucks
*************************************************************************************************************
Background:
On July 28,2004 proposals were opened for RFP #04-094 - Preventive Maintenance Services
for Cars and Pick-Up Trucks for the Central Services Garage. One Hundred eighteen (118)
vendors were notified, four (4) documents were distributed, and two (2) responses were
received. A Selection Committee met on August 16, 2004 to review the proposals.
The Selection Committee ranked the proposals based on the following criteria:
Criteria
Maximum Points
Cost - Pricing on specific services
40
Technical Resources - Availability
of Equipment
25
Estimated Downtime
20
Location - Location of business in
S1. Lucie County
15
The Selection Committee ranked the proposals as follows:
Points
1) Steve Barnett, Inc.
2) Sunrise Ford Co.
290
Non-Responsive
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
..
\....f .....I
.
October 6,2004
RFP #04-094 - Preventive Maintenance Services for Cars and Pick-Up Trucks
Page 2
The Selection Committee deemed the proposal submitted by Sunrise Ford as non-
responsive for not submitting the following sections as required in the proposal.
Item 1 - Billing Requirements
Item 2 - Minimum Requirements for Normal Service Charge (Check List)
Item 3 - Additional Items As Needed
Item 5 - Optional Items
Item 6 - Questionnaire
On August 27, 2004, Sunrise Ford Company filed a letter of protest. (see attached) As
required by the County's Purchasing Manual, I consulted with the County Administrator
and the County Attorney. I also followed-up with the Code Compliance Director, Dennis
Grim, to determine if any violations were open against Steve Barnett, Inc.
On September 22,2004 I sent, by certified mail, my decision to Sunrise Ford and to
inform them of their right to appeal my decision to the Board of County Commissioners
(see attachment). This letter receipt is dated 9/23/04.
On September 31,2004, the Purchasing Department received a letter dated August 24,
2004 to the County Administrator appealing my decision and requesting a hearing by the
Board of County Commissioners.
Recommendation:
Staff recommends the Board of County Commissioners to uphold the Selection
Committee's recommendation to award RFP #04-094 - Preventive Maintenance Services
for Cars and Pick-Up Trucks to Steve Barnett, Inc., 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, FL 34982-5652 . (772)-462-1700. FAX (772) 462-1294
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BOARD OF COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
ED PARKER, DIRECTOR
TABULATION SHEET - RFP #04-094
PREVENTIVE MAINTENANCE SERVICES
FOR CARS AND PICK UP TRUCKS
CENTRAL SERVICES
OPENED: JULY 28,2004
1. STEVE BARNETT, INC.,
FORT PIERCE, FL
2. SUNRISE FORD COMPANY
FORT PIERCE, FL
NUMBER OF COMPANIES NOTIFIED*: 118
NUMBER OF BID DOCUMENTS DISTRIBUTED*: 4
NUMBER OF BIDS RECEIVED: 2
· PER DEMANDSTAR.COM
JOHN D. BRUHN, District No.1. DOUG COWARD, District No.2. PAULA A. LE:WIS, District No.3. FRANNIE HUTCHINSON, District No.4 + CLlF¡:: BARNES, District No.5
COUNTY ADMINISmATOR . 001)(;1 AS M ANn¡::R.c:;n~1
:-:ÛG-2?'-2004 04 :SSV
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,
56 j 468132!!1
P_01
51 '''IR I 5E_FORD
SUNRISE
Company'
5435 South U.S. Hwy. 1
Post Office Box 12699
Fort Pierce, Florida 34979-2699
Phone (772} 461-6000
FAX (772} 461-8:349
Mary Jo Tierney
President
August 27, 2004
Mr. Ed Parker
Purchasing Director
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 33450
Dear Mr. Parker:
I learned today that my proposal for bid package 04-094 RFP - Preventative Maintenance
was determined to be non-responsive and the County Purchasing Committee
recommended the bid be awarded to Steve Barnett.
I request that the county reconsider my bid. Sunrise Ford been in business in St. Lucie
County for more than 70 years and during that time has proven to be an ethical, reputable
car dealer. Sunrise Ford has provided dependable service and its sales department enjoys
an excellent reputation. Just as important, Sunrise Ford has shown that it is a responsible
corporate and county citizen.
We have complied with county codes and worked closely with county staffon a recent
expansion project. It is my understanding that Steve Barnett has been in violation of a
county code while the bid was being considered and continues to be in violation today,
despite repeated notices and warnings £fom county staff I request that the county review
his file with the code enforcement board before making a decision on this matter.
Besides being cited for violations in the past, Mr. Barnett apparently still is in viola.tion
and was given until August 4, 2004 to rectify the matter (Notice of Viola.tion 26966).
However, it is my understanding he continues to be in violation.
I believe a,n investiga.tion into this matter and his prior history with county codes and
county staff is warranted.
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BOARD OF
COUNTY
COMMISSIONERS
PURCHASING
DEPARTMENT
ED PAP.KEf\ CPPß
DfP.EGOP.
September 22, 2004
Certified Mail #7001 1940 0004 5000 1484
Sunrise Ford
Attn: Mary Jo Tierney
5435 South U.S. Highway 1
Fort Pierce, FL 34979-2699
Re: RFP #04-094 - Preventative Maintenance Services for Cars and Pick-Up Trucks
Dear Ms. Tierney:
This is in response to your letter of protest, dated August 27, 2004, regarding the
aforementioned proposal. I have discussed this matter with our Code Compliance Director
and County Attorney. ,
Per my discussion with our Code Compliance Director, Steve Barnett, Inc. has no open
violations of County codes. Therefore,! will recommend to the Board of County
Commissioners to award RFP #04-094 - Þreventative Maintenance Services for Cars and
Pick-Up Trucks to Steve Barnett, Inc.
As required by the County's Purchasing Manual, I have consulted with the County
Administrator and the County Attorney concerning your written protest. You have the right to
appeal my decision to the Board of County Commissioners by filing a written notice of appeal
with the County Administrator within seven (7) days from receipt of this letter.
t;)i!L
Ed Parker, CPPB
Purchasing Director
EP:mc
cc: Doug Anderson, County Administrator
Daniel Mèlntyre, County Attorney
Dennis Grim, Code Compliance Manager
Roger Shinn, Centra] Services Director
JOHN D. ßRUHN, Disrricr No.1· DOUG COWARD, District No.2· PAULA A. LEWIS, Disttict No. J . FRANNIE HUTCHINSON, District No.4' CLIFF ßAf\NE5, Disrricr No.5
COUnty Administroror - Dougios M. Anderson
2JOO Virginia Avenue · Fori Pierce, FL J4982-5652 . Phone (772) 462-1700
FAX (772) 462-1704 · TDD (772) ,162-1428
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SUNRISE
Company
. :- ,-~ --
j: 15
5435 South U.S. Hwy. 1
Post Office Box 12699
Fort Pierce, Florida 34979-2699
Phone (772) 461-6000
FAX (772) 461-8349
Mary Jo Tierney
President
August 24,2004
Mr. Doug Anderson
County Administrator
St. Lucie County
23ûû Virginia Avenue
Fort Pierce, FL 24982
Re: RFP #3-094 - Preventative Maintenance Services for Cars anå Pick-Up Trucks
Dear Mr. Anderson:
I am in receipt ofthe certified letter, dated September 22,2004, concerning the
aforementioned proposal. I am appealing Mr. Parker's decision
On August 26, 2004, the day before I wrote the letter of protest, 1 reviewed the county's
Steve Barriett violation file and saw that his latest citation was for improperly parking a
vehicle on landscaping (Notice of Violation 26966). He was given until August 4,2004
to remove the van. Although he had written a letter to the county assuring that the matter
was taken care of, he continued to park the vehicle improperly. I brought the matter up
with Dennis Bunt, assistant director of code compliance, and was told that Mr. Barnett
continued to be in violation
A vehicle remained parked illegally on the property for the next three weeks. Indeed, the
very day I received the certified letter from V.ú. Parker, a v~hicle was still there. Mr.
Bunt again had to discuss the matter with Mr. Barnett It wasn't until September 23,
while his bid proposal was being considered by the county, that Mr. Barnett complied
with the county codes.
I don't know what constitutes an "open" violation with county, but in this case, Mr.
Barnett was given until August 4,2004 to comply with the code and refused to do so.
His blatant disregard for the violation, and subsequent warnings, is obvious. As I pointed
out in a previous letter to the county, I believe I am entitled to the county's bid. I have
been a good corporate and county citizen. Mr. Barnett's behavior towards county staff
and county codes should not be rewarded with a county bid.
\-r
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Please refer this matter to the county commissioners, who I believe should make the
ultimate decision on this matter.
Thank: you for your consideration..
Sincerely,
'tf~q9rJj~1r
Cc: Daniel McIntrye, County Attorney
Ed Parker, County Purchasing Agent
Dennis Grim, Code Compliance Manager
Board of County Commissioners
1. Stephen Tierney, attorney
To:
From:
Date:
Subject:
1.
CW /ee:
~
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Public Works
Code Enforcement
Daniel McIntyre, Saint Lucie County Attorney
Charles Wenzel, Code Compliance Supervisor
l~)
October 5, 2004
Code Violation Check for property located at 5555 South U.S. 1
(Steve Barnett)
A check of the records for open code violations for the above listed
property, indicated that there are no active Code Enforcement Cases.
Dennis Grim
Dennis Bunt
Katherine Maekensie-Smith
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Bid Sheet
SUNRISE F~~RD
Company
Mary Jo Tierney
President
Mike Wetzel
Vice President/General Manager
Light Fleet Service Price Sheet
Passenger Cars and Light Duty Trucks ( V4 Ton)
LOF wi tire rotation*
*includes inspection of lights,
belts & hoses, filters, brakes and fill fluids.
Transmission Fluid Change ( flush)
Coolant Flush
Serpentine Fan Belt Replacement
Disc Brake Service, inel. turning rotors
Drum Brake Service, inel. turning drums
Fuel Filter ( depending on vehicle)
Air Filter (depending on vehicle)
Wiper Blades, installed
Tires:
$13.95
$89.95
$49.95
$65.00
$99.95 per axel
$89.95 per axel
$40.00 ave.
$15.00 ave.
$24.00 pair
Light truck and passenger vehicles to be sold at national account government
pncmg.
(approx 15% ofÍretail)
Mount, balance and valve stems
$8.50 per tire
For information not listed above, please call:
Roy Livingston or Keith Newton @ ( 772 ) 468-3400
or
Buddy Monteleone @ ( 772 ) 461-6000
POBox 12699. Ft Pierce. F1 34979
~èreIY,
)'~þ~/7
Mike Wetze
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Item 1: BiJlinQ ReQuirements:
Contractors will provide a service report of work completed on each
vehicle serviced, signed ·by the St. Lucie County vehicle operator. At the
end of each week, the weekly invoice, along with the service reports
attached to the invoice, will be forwarded to the Central Services/Service
Garage to process payment.
The service reports must reference a purchase order number and must be
signed by a S1. Lucie County employee. All service reports must be self-
explanatory as to the charges for repairs and/or parts. If the charge is for
a specific item or job listed in the awarded RFP and the price agrees with
that amount, the total amount is all that is required on the service report.
However, all other charges must be broken out by itemizing hours
times hourly labor rate with total labor dollars charged, and actual
parts cost with mark-up with total parts cost, and grand total of parts
and labor amount charged. If billing includes billable parts with markup,
then a copy of the parts price list page indicating vendor's cost must be
attached to the service report. Having the service report ready when
vehicles are delivered, or picked up, will avoid confusion and will expedite
your payment. In summary, the service report shall include:
· Date
· Purchase Order number
· Service report number
· St. Lucie County's vehicle number
· St. Lucie County's License Plate number
· Routine preventive maintenance services performed and amount of
routine services
· Additional repairs performed must be listed separately with
amounts broken down by contracted labor rate times hours worked
and contracted parts cost plus markup with a copy of the parts price
list page indicating vendor's cost and the Central Services/Service
Garage employee's name who authorized the additional repairs,
and
· Any recommended repairs advised for that vehicle.
Each invoice must reference a purchase order number and list the service
report numbers included in that invoice's weekly charges as well as provide
a copy of each detailed service report with the invoice and submit to the
Central Services/ServiCe Garage on a weekly basis.
billing Requirements: Yes X No_
Vendor' Signature.," '
Company's Name Steve Barnett, Inc,
RFP # 04-094
PREVENTIVE MAINTENANCE
SERVICES FOR CARS AND PICK UP TRUCKS
10
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Item 2: Minimum Requirements for Normal Service Charge
The following items are to be included in the normal preventive maintenance service
charge on automobiles and pick up trucks up to and including 1-Ton 11,000 GVW. Also,
environmental charges and/or shop charges, jf any, need to be included in this base
charge.
Yes
Can you Comply? Description of Normal Preventive Maintenance Service
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Oil Change, including 5 quarts oil and oil filter for Gasoline or Diesel
Engines (additional quarts priced out separately pricing page.)
Check Gasoline Air Filter
Grease Chassis
Replace Grease Fitting if needed.
Check Exhaust System - report if necessary
Check Cooling System - add 50/50 coolant if needed
Check All Belts - report if needed
Check Battery Water - add if needed
R~move and Clean Battery Cable Connections
Check and Clean Battery Hold Down - replace if needed
Check Headlights and Parking Lights - report improper operation
Check Signal and Clearance Lights - report improper operation
Check Horn - report improper operation
Oil Door Hinges
Check Windshield Wipers and Washers - add fluid if needed and
report improper operation
Check Transmission - add fluid if needed
Check and Grease Drive Line and U-Joints
Check Differential Oil and Pinion Leaks and add gear oil if needed.
Check Master Cylinder Fluid and add fluid if necessary
Check \Nheel Bolt Studs - report if necessary
Check for Bent Rims on VVheels - report if necessary
Check Tire for Pressure - correct air if necessary
Check Tires for Conditions, Cuts and Tread Depth - report if
necessary
RFP . 04-094 11
PREVENTIVE MAINTENANce
SERVICES FOR CARS AND PICK UP TRUCKS
Yes
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Can you Comply? Description of Normal Preventive Maintenance Service
Yes
Inspect All Brakes - report if necessary
Yes
Check for Broken I Cracked Glass and/or Mirrors - report if
necessary
Yes
. Check for Damage- Bent Body Exterior Parts (Accident Type)- report
if necessary
Yes
Affix Windshield Sticker - Displaying Next Service Mileage and Date
C~ck Fire Extinguisher Date - report if necessary
Yes
Vendor's Signature.
Company's Name Steve Barnett, Inc.
RFP # 04-094
PREVENTIVE MAl NTEHANCE
SERVICES FOR CARS AND PICK UP TRUCKS
12
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Item 3: Additional I terns as Needed
Additional Approved Repairs:
· What is your hourly labor rate for additional repairs? $65.00
per hour.
· What is your labor warranty? 12 months or 12,000 miles
· What is your parts cost plus markup? Cost plus 35 %
· What is your parts warranty? 12 months or 12,000 miles
· Can you balance tires?
Yes X
No
· What is the largest size tire your shop can balance? 22"
Vendor's Signature I ,
RFP _ 04-094 13
PREVENTIVE MAINTENANCE
SERVICES FOR CARS AND PICK UP TRUCKS
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Item 4: Compensation Form
Item Description Unit Price
1 Normal Preventive Maintenance Service Charge for Autos and
Pickups based on five (5) ~tts of oil and oil filter. $ 17.89
Estimated Downtime: 15 mutes
2 If more than five (5) quarts of motor oil required, price per
additional quart. $ 1.49
3 Fuel filter for diesels - replace each time diesel vehicle is
serviced. $ 16.99
4 Fuel filter for gasoline engines - replace if needed
$ 10.99
5 Air filter for diesels - replace each time diesel vehicle is
serviced i. $ 14.99
6 Air Filter for gasoline engines - replace if needed.
$ 14.99
7 Transmission Fluid, Filter and Gasket
Estimated Downtime: 2 Hours $ 69.95
8 Transmission Flush for Autos and Pickups
Estimated Downtime: 2 Hours $ 59.95
9 Single VVheeI- Remove wheels and check brake pads,
cylinder ~nd drums, and report if needed.
Rotate tires if needed. $
Estimated Downtime: 15 Minutes 8.99
10 Dual Wheel- Remove wheels and check brake pads,
cylinder and drums, and report if needed.
Rotate tires if needed. $
Estimated Downtime: 15 Minutes 8.99
11 Windshield Wiper Blades, 18 - inch, replace if needed
$ 5.99
12 VVindshield Wiper Blades, 22-inch, replace if needed
$ 5.99
Note: Estimated downtime is defined as the length of time from when our
vehicle arrives in your shop until our vehicle departs your shop.
RFP # 04-094
PREVENTIVE MAINTENANCE
SERVICES FOR CARS AND PICK UP TRUCKS
Company's Name Steve Barnett. Inc.
Vendor's Signatur~
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Item 5: Optional Items
1. Please state extras included in your bid not listed in specifications:
We have a full service repair facility. We have a car wash available. We can perform
manufacturers warranty service and on site parts warehouse.
2. Please list any additional options not included in your bid and the cost of each:
N/A
Vendor's Signature
Company's Name Steve Barnett, Inc.
RFP ,. 04.094
PREVENTIVE MAINTENANCE
. SERVICES FOR CARS AND PICK UP TRUCKS
15
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Item 6: Questionnaire
·1. Number of Shop Locations: 2
2. Location of Shop(s): 5555 South US Highway #1
Fort Pierce, FL 34982
3. Normal Working Hours: Time: From: 7:30
a.m. to: 6:00
p.m.
Days: From: Monday
Thru Saturday
4. How many mechanical technicians do you employ at each facility? 10
5. How long has your company been in this business? 23 Years
6. Do you charge any other fees? No
7. Where is the total filter inventory, related to the equipment proposed to be serviced at your
location? Onsite
8. Where is the nearest regional parts depot located? Orlando, FL
9. What is the average delivery time for non-stocked filters or parts to arrive at your service
facility?
15 Minutes
10. Explain how a defective part would be handled under your warranty:
We would be 100% responsible to correct any defects covered under ours and thp. m;:¡nllf;:¡r.tI Irprp!';
warranties at not cost to S1. Lucie County.
Vendor's Signature, ,
Company's Name Steve Barnett, Inc.
RFP # 04.094
PREVENTIVE MAINTENANCE
SERVICES FOR CARS AND PICK UP TRUCKS
16
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Item 7: Account ListinQs
List company name, address, contact person, and phone number, of five (5) customers where
the proposer has supplied the same or similar goods or service:
1 . Thrifty Car Rental
5655 South US Highway #1 Fort Pierce, FL 34982
429-1540 Attn: Butch
2. Enterprise Car Rental
2505 Bristol Orive West Palm Beach, FL 33409
466-7440 George Cis her or Maria Sacchi
3. Fort Pierce Housing Authority
707 North 7th Street Fort Pierce, FL 34950
M. Merrill
4. Oelaporte Air Conditioning
3901 Okeechoee Road Fort Pierce, FL 34947
770-3300 Frank Oelaport
5. State Attorney's Office
411 South Second Street Fort Pierce. FL 34982
462-1382 Attn: Jenny
Vendor's Signature Company's Name Steve Barnett, Inc.
RFP '04-094 17
PREVENTIVE MAINTENANCE
SERVICES FOR CARS AND PICK UP TRUCKS
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RFP # 04-094
PREVENTIVE MAINTENANCE SERVICES FOR CARS AND PICK UP
TRUCKS
DUE DATE: JULY 28,2004
DUE TIME: 3:30 P.M.
81. Lucie County
Purchasing Department
2300 Virginia Avenue, Room 228
F1. Pierce, FL 34982-5652
(772) 462-1700
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REQUEST FOR PROPOSALS
Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue,
Fort Pierce, FL 34982, until 3:30 P.M. local time on Wednesday, July 28,2004, for the
following:
RFP # 04 - 094
PREVENTIVE MAINTENANCE SERVICES FOR CARS & PICK UP TRUCKS
CENTRAL SERVICES/DEPARTMENT
RFP documents may be obtained via the internet by contacting DemandStar.com or by
using the County's website at http://www.stlucieco.gov. If you do not have internet
access, you may obtain the documents by calling DemandStar by Onvia at (800) 711-
1712 and request document number #04-094 or contact the Office of the Purchasing
Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700.
RFP's may be either mailed or hand delivered to the Purchasing Department, 2300
Virginia Avenue, 2nd Floor, Room 228, Fort Pierce, FL 34982. Any RFP'S received
after the above stated time will be returned to the bidder unopened.
The Board of County Commissioners reserves the right to waive any informalities or
minor irregularities; reject any and all bids/proposals which are incomplete, conditional,
obscure, or which contain additions not allowed for; accept or reject any bids/proposal in
whole or in part with or without cause; and accept the bid/proposal which best serves
the County.
For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing
Web Site at: www.co.st-lucieJl.us
St. Lucie County is an Equal Opportunity/Affirmative Action Employer.
CAUTION: It is the bidder's/proposer's responsibility to ensure that bids/proposals are
received in the Purchasing Department prior to the date and time specified above.
Receipt of a bid/proposal in any other County office does not satisfy this requirement.
Publish Date: Sunday, June 27, 2004
2
Part I
1-1
1-2
1-3
1-4
1-5
1-6
1-7
1-8
1-9
1-10
1-11
1-12
1-13
1-14
1-15
1-16
1-17
1-18
Part II
2-1
Part III
3-1
3-2
Part IV
4-1
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Table of Contents
General Information
Definitions
Invitation to Propose; Purpose
Issuing Office
Awards
Development costs
Inquiries
Site Visitations
Timetables
Delays
Proposal Submission and Withdrawal
Rejection of Irregular Proposals
Addenda
Equal Opportunity
Oral Presentation
Insurance
Lobbyist Disclosure
Feasibility Studies
Public Entity Crimes Statement
Statement of Work
Scope of Work
Instructions for Preparing Proposals
Rules for Proposals
Proposal Format
Evaluation of Proposals
Evaluation Method and Criteria
3
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GENERAL INFORMATION
PART I
1-1 DEFINITIONS
For the purposes of this Request for Proposals ("RFP"), proposer shall mean
contractors, consultants, respondents, organizations, firms, or other persons submitting
a response to this Request for Proposals.
1-2 INVITATION TO PROPOSE: PURPOSE
The Board of County Commissioners, 8t. Lucie County, Florida (the "Board") solicits
proposals from responsible proposers to provide Preventive Maintenance Services
for Cars and Pick Up Trucks for 8t. Lucie County.
1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING
8t. Lucie County Purchasing Department
Administration Annex
2300 Virginia Avenue, Room 228
Fort Pierce, Florida 34982
1-4 CONTRACT AWARDS
The Board anticipates entering into a continuing contract with a termination clause the
proposer who submits the proposer(s) who submit the proposals judged by the Board to
be most advantageous to the County. The County anticipates awarding one (1)
contract, but reserves the right to award more if in its best interest.
The proposer understands that this RFP does not constitute an agreement or a contract
with the proposer. An official contract or agreement is not binding until proposals are
reviewed and accepted by the Board and a written agreement or contract is approved
by both the Board and the successful proposer(s).
1~ DEVELOPMENT COSTS
Neither the Board nor its representatives shall be liable for any expenses incurred in
connection with preparation of a response to this RFP. Proposers should prepare their
proposals simply and economically, providing a straightforward and concise description
of the proposer's ability to meet the requirements of the RFP.
RFP # 04-094 4
PREVENTIVE MAINTENANCE
SERVICES FOR CARS AND PICK UP TRUCKS
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1-6 INQUIRIES/INTERPRETATIONS
The County will not respond to oral inquiries. Proposers may mail or fax written
inquiries for interpretation of this bid to:
Desiree Cimino, Buyer
St. Lucie County Purchasing Department
Administration Annex
2300 Virginia Avenue, Room 228
Fort Pierce, Florida, 34982.
(772) 462-1704 (Fax)
The County will respond to written inquiries if received at least 7 working days prior to
the date scheduled for receiving the bid/proposals.
The County will record its responses to inquiries and any supplemental instructions in
the form of a written addendum. If addenda are issued, the County will make every
attempt to issue such addenda at least 5 working days before the date fixed for
receiving the proposals. This will be adhered to even if the opening date must be
postponed in order to observe the time requirements. Written addenda will be sent
to all appropriate planholders. No interpretation shall be considered binding unless
provided in writing by St. Lucie County.
1-7 SITE VISITATIONS- N/A
1-8 TIMETABLES
The Board and the proposers shall adhere to the following schedule in all actions
concerning this RFP.
A. From opening time, the Board and County staff will review and
evaluate the proposals on a timely basis.
B. The Board may enter into a contract after conducting negotiations
and obtaining appropriate approvals. The County may notify
unsuccessful proposers at this time.
1-9 DELAYS
The County may delay scheduled due dates if it is to the advantage of the County. The
County will notify proposers of all changes in scheduled due dates by written addenda.
RFP # 04-094 5
PREVENTIVE MAINTENANCE
SERVICES FOR CARS AND PICK UP TRUCKS
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1-10 PROPOSAL SUBMISSION AND WITHDRAWAL
The County will receive proposals at the following address:
St. Lucie County Purchasing Department
Administration Annex
2300 Virginia Avenue, Room 228
Fort Pierce, Florida 34982
To facilitate processing, please mark the outside of the envelope with the RFP #04-094
PREVENTIVE MAINTENANCE SERVICES FOR CARS & PICK UP TRUCKS.
Proposers shall submit 10 copies, including one marked original on the outside with
an original signature inside. All proposals shall be submitted in a sealed, opaque
package marked as noted above. The proposer may submit the proposal in person or
by mail.
Proposers may withdraw their proposals by notifying the County in writing at any time
prior to the opening. Proposers may withdraw their proposals in person or through an
authorized representative. Proposers and authorized representatives must disclose
their identity and provide a signed receipt for the proposal.
Proposals, once opened, become the property of the County and will not be returned to
the Proposers. Upon opening, proposals become "public records" and shall be subject
to public disclosure in accordance with Chapter 119, Florida Statutes.
Telephone confirmation of timely receipt of the proposal may be made by calling (772)
462-1700 before proposal opening time. Proposals received after the established
deadline will be returned unopened to the proposer.
1-11 IRREGULARITIES; REJECTION OF PROPOSALS
Proposals not meeting stated minimum terms and qualifications may be rejected by the
County as non-responsive or irregular. However, the County reserves the right to waive
any irregularities, technicalities or informalities in any proposal. The County reserves the
right to allow for the clarification of questionable entries and for the correction of
typographical and mathematical errors, reject the proposal of any proposer in arrears or
in default upon any debt or contract to the Board of County Commissioners of St. Lucie
County or who have failed to perform faithfully any previous contract with the County or
with other governmental jurisdictions. The County reserves the right to reject any or all
proposals without cause.
1-12 ADDENDA
If revisions become necessary, the County will provide written addenda at least five
working days prior to the opening date to all proposers who receive the RFP. This will
be adhered to even if the opening date must be postponed in order to observe the time
requirements. Any changes to the RFP will be made available for all prospective
RFP # 04-094 6
PREVENTIVE MAINTENANCE
SERVICES FOR CARS AND PICK UP TRUCKS
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proposers to receive. Although we will make an attempt to notify you of the addendum,
it is the sole responsibility of the proposer to ensure it is received.
1-13 EQUAL OPPORTUNITY
The County recognizes fair and open competition as a basic tenet of public procurement
and encourages participation by minority and women business enterprises. The County
requests minority and women business enterprises to submit evidence of such
classification with their proposals.
1-14 ORAL PRESENTATION
At their discretion, the County may require any proposer to make an oral presentation of
the proposal. These presentations provide an opportunity for the proposer to clarify the
proposal for the County. The County will schedule any such presentations.
1-15 INSURANCE
The proposer, if awarded a contract, shall maintain insurance coverage reflecting the
minimum amounts and conditions required by the County.
1-16 LOBBYIST DISCLOSURE REQUIREMENT
Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County,
Florida, any professional consultant who utilizes the services of a lobbyist as defined in
Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or
concurrently with the submission of a proposal to the Board for the performance of any
services for the Board. Such disclosure shall include the following:
A. The name of any lobbyist employed directly or indirectly by the consultant
for the purpose of influencing or attempting to influence the selection of the
professional consultant by the Board.
B. The name and address of the lobbyist.
C. The length of such agreement, contract or understanding and the amount of
any fee, gratuity, compensation or consideration paid or promised to be paid
to the lobbyist either before or after hiring whether or not same is set out as
compensation for the lobbying or is for other services.
The disclosure shall be filed with the Clerk on forms provided by the Board and such
records shall be open to the public.
1-17 FEASIBILITY STUDIES
The County has established a policy that any professional consultant that contracts
with the County as an advisor as to the feasibility of any County capital project, shall not
be eligible to participate in any future design work on that project that might become
RFP # 04-094 7
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necessary as a result of the consultant's advice. The Board of County Commissioners
(the "Board") may determine to waive this policy by majority vote if the Board
determines that there is a compelling reason to waive the policy.
1-18 PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to the County, may not submit a bid on a contract to the County for
the construction or repair of a public building or public work, may not submit bids on
leases of real property to the County, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with the County, and
may not transact business with the County in excess of $10,000.00 for a period of 36
months from the date of being placed on the convicted vendor list.
The County will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The County shall consider the employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such
violation by the Recipient of the employment provisions contained in Section 274A(e) of
the INA shall be grounds for unilateral cancellation of this Agreement by the County.
RFP # 04-094 8
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STATEMENT OF WORK
P ART II
2-1 SCOPE OF WORK FOR PREVENTIVE MAINTENANCE SERVICES
The intent of this RFP is to solicit proposals to perform preventive
maintenance services on the cars and pickup trucks maintained in St.
Lucie County's Fleet.
Business must be centrally located in St. Lucie County.
Preventive Maintenance would include but is not limited to:
· Changing oil and Oil Filter. (We use 15W-40. No Synthetic or Syn-
tech blends to be used.)
· Lube Chassis as required.
· Check all Fluid Levels: transmission, trans-axle, coolant, brake
fluid, windshield washer fluid.
· Check Tires: Tire pressure, Tire Condition, Tire Tread Depth.
· Check Brakes: Proper operation, Pad/shoe wear (at tire rotation
service)
· Check Battery: Cable connections/ terminals-clean and tighten,
fluid (if applicable)
· Check all Lights
· Check for broken/cracked glass and/or mirrors.
· Inspect engine belts and hoses.
· Clean Windshield, check wiper blades.
Added Requirements:
· Replace Fuel Filter every 25,000 miles.
· Replace Air Filter every other service.
· Rotate Tires every other service, Record tire tread depth
(standard procedure is by 32nds.
· Inspect all brakes.
· Inspect for damage - bent body exterior parts (accident type).
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Item 1: BillinQ ReQuirements:
Contractors will provide a service report of work completed on each
vehicle serviced, signed by the St. Lucie County vehicle operator. At the
end of each week, the weekly invoice, along with the service reports
attached to the invòice, will be forwarded to the Central Services/Service
Garage to process payment.
The service reports must reference a purchase order number and must be
signed by a St. Lucie County employee. All service reports must be self-
explanatory as to the charges for repairs and/or parts. If the charge is for
a specific item or job listed in the awarded RFP and the price agrees with
that amount, the total amount is all that is required on the service report.
However, all other charges must be broken out by itemizing hours
times hourly labor rate with total labor dollars charged, and actual
parts cost with mark-up with total parts cost, and grand total of parts
and labor amount charged. If billing includes billable parts with markup,
then a copy of the parts price list page indicating vendor's cost must be
attached to the service report. Having the service report ready when
vehicles are delivered, or picked up, will avoid confusion and will expedite
your payment. In summary, the service report shall include:
· Date
· Purchase Order number
· Service report number
· St. Lucie County's vehicle number
· St. Lucie County's License Plate number
· Routine preventive maintenance services performed and amount of
routine services
· Additional repairs performed must be listed separately with
amounts broken down by contracted labor rate times hours worked
and contracted parts cost plus markup with a copy of the parts price
list page indicating vendor's cost and the Central Services/Service
Garage employee's name who authorized the additional repairs,
and
· Any recommended repairs advised for that vehicle.
Each invoice must reference a purchase order number and list the service
report numbers included in that invoice's weekly charges as well as provide
a copy of each detailed service report with the invoice and submit to the
Central Services/Service Garage on a weekly basis.
Can you comply with the above billing Requirements: Yes_ No_
Vendor' Signature
Company's Name
RFP # 04-094
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Item 2: Minimum Requirements for Normal Service Charge
The following items are to be included in the normal preventive maintenance service
charge on automobiles and pick up trucks up to and including 1-Ton 11,000 GVW. Also,
environmental charges and/or shop charges, if any, need to be included in this base
charge.
Can you Comply? Description of Normal Preventive Maintenance Service
Oil Change, including 5 quarts oil and oil filter for Gasoline or Diesel
Engines (additional quarts priced out separately pricing page.)
Check Gasoline Air Filter
Grease Chassis
Replace Grease Fitting if needed.
Check Exhaust System - report if necessary
Check Cooling System - add 50/50 coolant if needed
Check All Belts - report if needed
Check Battery Water - add if needed
Remove and Clean Battery Cable Connections
Check and Clean Battery Hold Down - replace if needed
Check Headlights and Parking Lights - report improper operation
Check Signal and Clearance Lights - report improper operation
Check Horn - report improper operation
Oil Door Hinges
Check Windshield Wipers and Washers - add fluid if needed and
report improper operation
Check Transmission - add fluid if needed
Check and Grease Drive Line and U-Joints
Check Differential Oil and Pinion Leaks and add gear oil if needed.
Check Master Cylinder Fluid and add fluid if necessary
Check Wheel Bolt Studs - report if necessary
Check for Bent Rims on Wheels - report if necessary
Check Tire for Pressure - correct air if necessary
Check Tires for Conditions, Cuts and Tread Depth - report if
necessary
RFP # 04-094
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Can you Comply? Description of Normal Preventive Maintenance Service
Inspect All Brakes - report if necessary
Check for Broken / Cracked Glass and/or Mirrors - report if
necessary
Check for Damage- Bent Body Exterior Parts (Accident Type)- report
if necessary
Affix Windshield Sticker - Displaying Next Service Mileage and Date
Check Fire Extinguisher Date - report if necessary
Vendor's Signature
Company's Name
RFP # 04-094
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Item 3: Additional Items as Needed
Additional Approved Repairs:
· What is your hourly labor rate for additional repairs?
per hour.
· What is your labor warranty?
· What is your parts cost plus markup? Cost plus
%
· What is your parts warranty?
· Can you balance tires?
Yes
No
· What is the largest size tire your shop can balance?
Vendor's Signature
Company's Name
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Item 4: Compensation Form
Item Description Unit Price
1 Normal Preventive Maintenance Service Charge for Autos and
Pickups based on five (5) quarts of oil and oil filter. $
Estimated Downtime:
2 If more than five (5) quarts of motor oil required, price per
additional quart. $
3 Fuel filter for diesels - replace each time diesel vehicle is
serviced. $
4 . Fuel filter for gasoline engines - replace if needed
$
5 Air filter for diesels - replace each time diesel vehicle is
serviced $
6 Air Filter for gasoline engines - replace if needed.
$
7 Transmission Fluid, Filter and Gasket
Estimated Downtime: $
8 Transmission Flush for Autos and Pickups
Estimated Downtime: $
9 Single Wheel - Remove wheels and check brake pads,
cylinder and drums, and report if needed.
Rotate tires if needed. $
Estimated Downtime:
10 Dual Wheel - Remove wheels and check brake pads,
cylinder and drums, and report if needed.
Rotate tires if needed. $
Estimated Downtime:
11 Windshield Wiper Blades, 18 - inch, replace if needed
$
12 Windshield Wiper Blades, 22-inch, replace if needed
$
Note: Estimated downtime is defined as the length of time from when our
vehicle arrives in your shop until our vehicle departs your shop.
Vendor's Signature
Company's Name
RFP # 04-094
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Item 5: Optional Items
1. Please state extras included in your bid not listed in specifications:
2. Please list any additional options not included in your bid and the cost of each:
Vendor's Signature
Company's Name
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Item 6: Questionnaire
1. Number of Shop Locations:
2. Location of Shop(s):
3. Normal Working Hours: Time: From:
a.m. to:
p.m.
Days: From:
Thru
4. How many mechanical technicians do you employ at each facility?
5. How long has your company been in this business?
6. Do you charge any other fees?
7. Where is the total filter inventory, related to the equipment proposed to be serviced at your
location?
8. Where is the nearest regional parts depot located?
9. What is the average delivery time for non-stocked filters or parts to arrive at your service
facility?
10. Explain how a defective part would be handled under your warranty:
Vendor's Signature
Company's Name
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Item 7: Account ListinQs
List company name, address, contact person, and phone number, of five (5) customers where
the proposer has supplied the same or similar goods or service:
1.
2.
3.
4.
5.
Vendor's Signature
Company's Name
RFP # 04-094
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INSTRUCTIONS FOR PREPARING PROPOSALS
PART 11/
3-1 RULES FOR PROPOSALS
The proposal must name all persons or entities interested in the proposal as principals.
The proposal must declare that it is made without collusion with any other person or
entity submitting a proposal pursuant to this RFP.
3~ PROPOSAL FORMAT
Proposers shall prepare their proposals using the following format:
A. Letter of Transmittal: This letter will summarize in a brief and concise
manner, the proposer's qualifications. An official authorized to negotiate
for the proposer must sign the Letter of Transmittal. The letters should not
Exceed one page in length.
B. Oraanization Profile and Qualifications: This section of the proposal
must describe the proposer, including the business size, range of
activities, etc. Each proposer must be authorized to do business in the
State of Florida and, if a corporation, must be incorporated under the laws
of one of the States of the United States, proof of same must be provided.
The proposer must emphasize its expertise in, and experience with similar
programs. The proposal must identify the primary individuals responsible
for supervising the work.
C. Scope of Work: This section of the proposal should explain the Scope of
Work as understood by the proposer and detail the approach, activities, and
work products to be provided.
D. Additional Data: Items 1 through 7 of this RFP must be signed and filled
out in their entirety and included in Vendor's proposal. If these items are not
included in the proposal, the proposal will not be considered.
E. Compensation: The proposal shall include compensation. (Item #3)
RFP # 04-094 18
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EVALUATION OF PROPOSALS
PART IV
4-1 EVALUATION METHOD AND CRITERIA
A. General: The County shall be the sole judge of its own best interests, the
proposal, and the resulting negotiated agreement. The County reserves
the right to investigate the financial capability, reputation, integrity, skill,
business experience and quality of performance under similar operations
of each proposer, including stockholders and principals before making an
award. Awards, if any, will be based on both an objective and subjective
comparison of Proposals and Proposers. The County's decisions will be
final.
The County's evaluation criteria will include, but shall not be limited to,
consideration of the following:
POINT SYSTEM FOR SHORT LISTING AND FINAL SELECTION OF BUSINESS:
EV ALUA TION CRITERIA POINT VALUE
Cost - Pricing on specified Services.
Maximum points: 40
Technical Resources - Availability of personnel,
equipment and parts required for vehicle service. 25
Maximum Points:
Estimated Downtime- Amount of time vehicle would
be down due to service being performed.
Maximum Points: 20
Location - Location of Business in the S1. Lucie
County Area. Maximum Points: 15
RFP # 04-094 19
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AGENDA REQUEST
ITEM NO. .x.-
DATE: October 12, 2004
REGULAR [XX]
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
SUBJECT: Memorandum of Agreement - Department of Homeland Security/Federal
Emergency Management Agency; Use of Land at St. Lucie County
International Airport
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board approve the Memorandum
of Agreement and authorize the Chairman to sign the
Agreement.
Approved 5-0
uglas Anderson
County Administrator
COMMISSION ACTION:
L1C]. APPROVED [ ] DENIED
[ ] OTHER:
County Attorney: .
~.
Review and Approvals
Management & Budget
Purchasing:
Originating Dept.
Airport Dir.:
Property Acq. Mgr.:
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Finance: (Check for copy only, if applicable)
Eff.5/96
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
04-1357
DATE:
October 6,2004
SUBJECT:
Memorandum of Agreement Department of Homeland
Security/Federal Emergency Management Agency - Use of Land
at St. Lucie County International Airport
**************************************************************************
BACKGROUND:
Attached is a copy of draft Memorandum of Agreement between the Department of
Homeland Security/Federal Emergency Management Agency (DHS/FEMA) and St. Lucie
County. The Agreement allows DHS/FEMA the exclusive use of a 15-acre site (the old
fairgrounds site) and nonexclusive use of a 10-acre site. The to-acre site is leased to an
airport tenant but is not being used. The County Administrator has contacted the airport
tenant (Houck) and the tenant has indicated that they have no objections to the nonexclusive
use by DHS/FEMA.
DHS/FEMA proposes to use the site for purposes of construction laydown,
preparation, storage (including storage of travel trailer units), and associated needs and uses
including occupancy, conducting of activities, and placement of such personnel and/or
equipment as necessary for the carrying of disaster relief. The proposed rent is O. The
proposed term is one year from September 29,2004 through September 30,2005. The term
may only be modified with the consent of the parties.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve the Memorandum of Agreement and
authorize the Chairman to sign the Agreement.
DSM/caf
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MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HOMELAND
SECURITY / FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE
COUNTY OF SAINT LUCIE REGARDING USE OF AIRPORT LAND
1) PARTIES. The parties ("Parties") to this Agreement, dated as of October 1, 2004, are the
Department of Homeland Security Federal Emergency Management Agency ("DHS/FEMA")
and the County of Saint Lucie, by and through the Saint Lucie County Board of County
Commissioners (the "County"), which owns and operates the Saint Lucie County
International Airport. DHS/FEMA and the County are sometimes hereinafter referred to in
the singular as a "Party."
2) AUTHORITY. The signatory for each Party warrants and represents to the other Party that
the signatory has the authority to bind the Party to this Agreement. Each Party warrants and
represents to the other that it has the authority to enter into this Agreement. In particular, the
County and the signatory therefore warrants and represents that, should it be necessary to
obtain any approval and/or consent to enter into and/or to implement this Agreement, that
such approval and/or consent has obtained prior to signature of this Agreement or shall be
obtained promptly after signature of this Agreement.
This Agreement is authorized under the provisions of section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5174.
3) PURPOSE IS DHS/FEMA USE OF A PORTION OF PROPERTY. The purpose of this
Agreement is to set forth terms by which the County shall provide to DHS/FEMA the use and
occupancy of a portion ofthat real property ("Property" or, alternatively, "Airport Grounds"),
together with improvements located thereon, known as the Saint Lucie County International
Airport,
That property located at the physical address 3000 Curtis King Blvd., located
approximately 3 miles northwest of the City of Ft. Pierce, and approximately
within a quadrant bounded by Indrio Road to the north, State Highway 1 to the
east, St. Lucie Blvd to the south, and North Kings Highway to the west.
The portion of the Property to be licensed and utilized under this Agreement shall be
known as the "DHS/FEMA Location" and is described as follows:
Two sites consisting of (1) a IS-acre site bordered by Curtis King Blvd. across
from the airport Fire Station No.4, commonly referred to as the former
fairgrounds area ("Site 1") and (2). an approximate 1 O-acre site formerly known
as "closed Runw..ayI8," directly behind the hangar located at 3109 Airmams
Drive. ("Site 2")
The DHS/FEMA Location is more fully described in Exhibit A attached hereto and incorporated
herein. The use for Site 1 shall be exclusive; the use for Site 2 shall be non-exclusive.
Licensee entitled to entry, occupation, usage and other rights to the Property and/or the
DHS/FEMA Location under this Agreement includes:
(i) the Federal Emergency Management Agency (FEMA);
MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HOMELAND SECURITY /
FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE COUNTY OF SAINT LUCIE
REGARDING USE OF AIRPORT LAND
Page 1 of 4
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(ii) any of the following assisting FEMA and/or the US Government in
providing disaster relief:
a. any ofFEMA's agents, employees, and/or contractors and their subcontractors,
b. any other US Government agency, including, but not limited to, the Army Corps
of Engineers (Army Corps), which has been specifically assigned by FEMA the
mission of assisting in the construction and establishment oftemporary housing
for disaster victims, the employees, agents and/or contractors (and their
subcontractors) of the Army Corps or any other United States Government
agency; and
c. any private voluntary agency, voluntary organization, and
d. any State Florida government agency, or its employees, contractors, or
representatives assisting FEMA and or independently of FEMA assistance
providing disaster relief
The use shall be for purposes of construction laydown, preparation, storage
(including storage of travel trailer units), and associated needs and uses including
occupancy, conducting of activities, and placement of such personnel and/or
equipment as necessary for the carrying out of disaster relief and for the term of this
Agreement.
4) RESPONSIBILITIES:
a) DHSIFEMA agrees to
i) Provide for its own utilities, make such improvements (which improvements shall be
of a nature as to be removable at the end of the term) as DHSIFEMA determines
necessary and/or expedient for its use of the DHSIFEMA Location; and shall provide
its own security and administrative support for its activities thereon.
ii) Remove any improvements that FEMAlDHS has constructed, at the end of term of
occupancy under this Agreement.
b) The County agrees to
i) Grant to DHSIFEMA a license for the exclusive use of Site 1 and the non-exclusive
use of Site 2 of the DHSIFEMA Location for the period commencing on September
29, 2004 through September 30, 2005;
ii) Permit DHSIFEMA such reasonable access to the Airport Grounds for purposes of
ingress and egress and as necessary and/or expedient for carrying out those activities
described in Paragraph 3 above related to administering disaster relief. Such access
includes, but is not limited to, the use of all common roads for the purpose of moving
travel trailer and/or mobile home units in and out of the DHSIFEMA Location.
c) The County acknowledges and agrees that no rental fee, charge, or rent shall be required
ofDHSIFEMA for use of the DHSIFEMA Location as set forth in this Agreement.
d) Liability:
i.) The County agrees to indemnify and hold harmless DHSIFEMA against any claim,
action or cause of action that may be asserted against DHSIFEMA as a result of the act or
omissions of the County, its employees or agents. Provided that nothing in this
Agreement shall be interpreted to limit the sovereign immunity of the County, except as
it relates to the United States Government and any department or agency thereof.
ii.) DHSIFEMA agrees that any claim, action or cause of action that may be asserted
against DHSIFEMA for damage or loss as a result ofDHSIFEMA's acts or omissions, for
its own negligence and the negligence of its agents or invitees shall be handled in
accordance with the appropriate statutes and regulations.
MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HOMELAND SECURITY /
FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE COUNTY OF SAINT LUCIE
REGARDING USE OF AIRPORT LAND
Page 2 of 4
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5) POINTS OF CONTACT. Communications between the Parties pertaining to this Agreement
shall be directed as follows:
For DHS/FEMA
Richard F. Harrington
Disaster Recovery Logistics Chief
100 Sunport Lane
Orlando, Florida 32809
Phone (407) 858-6237
FAX (407) 251-4712
F or the County
Douglas M. Anderson
County Administrator
Phone (772) 462-1450
FAX (772) 462-2131
With Copies To:
Daniel McIntyre
County Attorney
2300 Virginia Ave.
Ft. Pierce, FL 34982
Phone (772) 462-1441
FAX (772) 462-1440
Paul Phillips
St. Lucie County Int'l Airport
Phone (772) 462-1732
FAX (772)462-1718
6) OTHER PROVISIONS. Nothing in this Agreement is intended to conflict with current law or
regulation or the directives of the DHS/FEMA or the County. If a term of this Agreement is
determined to be inconsistent with such authority, then that term shall be invalid, but the
remaining terms and conditions of this Agreement shall remain in full force and effect.
7) EFFECTIVE DATE. The terms of this Agreement will become effective as of September 29,
2004.
8) RESPONSIBILITY FOR ACTIVITIES IN THE FACILITY.
a) The County agrees to indemnify and hold harmless DHS/FEMA against any" claim, action
or cause of action that may be asserted against the Government as a result of the act or
omissions of the Licensor, its employees or agents. Provided that nothing in this
Agreement shall be interpreted to limit the sovereign immunity of the County, except as
it relates to the United States Government and any department or agency thereof.
MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HOMELAND SECURITY /
FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE COUNTY OF SAINT LUCIE
REGARDING USE OF AIRPORT LAND
Page 3 of 4
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b) DHSIFEMA agrees that any claim, action or cause of action that may be asserted against
the Government for damage or loss as a result ofDHSIFEMA's acts or omissions, for its
own negligence and the negligence of its agents or invitees shall be handled in
accordance with the appropriate statutes and regulations.
9) MODIFICATION. This agreement may be modified upon the mutual written consent of the
Parties.
10) TERMINATION. The terms of this Agreement, as modified with the consent of both
Parties, will remain in effect until the expiration of the term of use in accordance with
Paragraph 4(b)(i) of this Agreement. The Agreement may be extended by mutual written
agreement of the Parties.
11) COUNTERPARTS AND FACSIMILES. The Parties may execute this Agreement
simultaneously, in any number of counterparts, or on facsimile copies, each of which shall be
deemed an original, but all of which together shall constitute one and the same Agreement.
In witness whereof, the parties have signed this Agreement on the dates set forth below:
For DHSIFEMA:
For the County:
Richard F. Harrington, Disaster Recovery Name
Logistics Chief
Title
Date:
Date:
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MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF HOMELAND SECURITY /
FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE COUNTY OF SAINT LUCIE
REGARDING USE OF AIRPORT LAND
Page 4 of4
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AGENDA REOUEST
'wII
ITEM NO.
9
Date: October 12, 2004
Regular [ X ]
Public Hearing []
Consent [ ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): Administration
dministrator
SUBJECT:
Chuck's Seafood, Inc. - Proposed Temporary Site Improvements and Future Expansion
BACKGROUND:
See attached October 6, 2004 memorandum from Ray Wazny, Assistant County
Administrator
FUNDS AVAIL:
(State type & No. of transaction or N/A): N/A
RECOMMENDATION:
Staff requests direction from the Board of County Commissioners with regard to the
following issues for Chuck's Seafood, Inc.:
1.
Installation of a temporary restaurant trailer and mobile production trailer
onsite.
2.
Festivals as an accessory use to the restaurant use permitted under the lease
agreement.
3.
Consider proposed expansion of facilities and operations and, if conceptually
approved, authorization to advertise the requested additional property for
lease.
[ ] APPROVED [] DENIED
IX! OTHER:
CE:
COMMISSION ACTION:
COMMISSION CONSENSUS:
Doug s . Anderson
County Administrator
Motion: To allow trailer in place for 12 months so that restaurant can operate for the next 12 months.
Board directed that restaurant restoration be brought back to Commission at a future Board meeting.
Semi tractor trailer (Mobil production unit/studio) - Motion that Lessee present a written request to park production studio to prevent vandalism.
fMobile home on County property being used as residence/office - Motion: that Lessee to present a written request regarding the mobile home for office use at
restaurant.
Festivals - Motion: Future festival to be approved by County Commissioners prior to event.
Board has directed staff to hold a Charette with the City of Fort Pierce, Applicant and the public to discuss Chuck's Seafood.
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COUNTY ADMINISTRATION
MEMORANDUM
04-62
TO:
FROM:
Board of County Commissioners
Ray Wazny, Assistant County Administrator ~
October 7, 2004
DATE:
RE: Chuck's Seafood, Inc. - Proposed Temporary Site Improvements and Future
Expansion
On April 21 ,1998, the County entered into a Restatement of Lease with Chuck's Seafood,
Inc. for the County owned restaurant on South Causeway Island. The restaurant is
adjacent to a fire station and a County owned park. The South Causeway Park includes
picnic areas, a boat ramp, the Smithsonian Marine Center and the Historical Museum.
Approximately 8 months ago Lewis Barton approached staff and asked if he could create
a film studio at the Chuck's Seafood site. Expanding the restaurant facility was also
discussed. Initial staff response was to advise Mr. Barton that his verbal proposal would
not likely get a favorable staff recommendation because of limited causeway parking and
questionable public benefit. The type of activity verbally proposed is more suited to
privately owned property.
In May, 2004 St. Lucie County was advised that Lewis Barton had purchased Chuck's
Seafood, Inc. and assumed the lease for Chuck's Seafood. Because of prior discussion
concerning Mr. Barton's proposed use, Douglas Anderson, County Administrator, sent a
letter on June 2, 2004 to Roy T. Mildner, Esquire, attorney for Mr. Barton in which he stated
that, "The Lease also requires the Leasee to obtain the approval of the County and any
applicable regulatory agency prior to the construction of any improvements on the
premises."
On June 4, 2004 the County was informed by Fort Pierce that Lewis Barton submitted a
City building permit application for improvements at Chuck's Seafood. Fort Pierce refused
to process the application because Mr. Barton had signed as owner and the City was
aware that Chuck's Seafood was County owned.
On June 4, 2004 Mr. Anderson sent a letter advising Mr. Barton that he had no authority to
submit building permit applications to the City of Fort Pierce as "owner" of Chuck's
Seafood. This letter also required replanting of Seagrapes, which had been removed
without County approval.
On June 21, 2004 the request of Chuck's Seafood to conduct a "Piratefest" festival was
denied because a festival is inconsistent with the lease agreement. Underthe terms of the
lease, use of the property is limited to a restaurant and other lawful uses incidental to such
use.
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Chuck's Seafood, Inc. - Proposed Temporary
Site Improvements and Future Expansion
October 7, 2004
Page 2
On June 25, 2004 Mr. Barton was advised that he was in violation of the City of Fort Pierce
sign ordinances.
On July 2, 2004 Mr. Barton was denied an extension of time to replant Seagrapes, which
were removed without County approval.
On July 16, 2004 Mr. Barton was advised that replanted Seagrapes were not adequate.
In August, St. Lucie County received notice from the Department of Environmental
Protection that a site plan had been submitted by Mr. Barton to expand the use of Chuck's
Seafood. The application was not approved because Mr. Barton had not received County
approval for the expanded use. Approval by the County, as a property owner, is required
for issuance of the permit.
On September 29, 2004 John Alcorn, Building Official of Fort Pierce, advised Mr. Barton
on the requirements for placing a trailer at the Chuck's Seafood Restaurant.
The issues surrounding Chuck's Seafood are policy matters for the expansion of the
facilities at Chuck's Seafood, and providing for additional uses which will impact public
parking. The plan that Mr. Barton proposed to the Department of Environmental Protection
eliminates virtually all of the on-site parking. To facilitate restaurant patrons, additional
parking would be required in the County owned parking lot that is currently used by the
public for boat trailer parking and picnics. In the event the Board determines to make the
additional space available for lease, it will be necessary to advertise for bids pursuant to
Section 125.35, Florida Statutes, which governs the lease of County owned property.
County staff would also like direction from the Board concerning the continuing
"improvements" being made by Mr. Barton to the County owned Chuck's Seafood without
either County approval or City of Fort Pierce building permits. Photographs taken last
week indicate that extensive work is underway, including electrical improvements, without
permits. It appears that the restaurant is being gutted and a television trailer and an
office/dining trailer have been placed on County property without approval of either
Fort Pierce or St. Lucie County.
Finally, staff would like Board direction on whether festival events, such as Piratefest, can
be conducted at Chuck's Seafood.
RL W/jc-04-62
C: Douglas M. Anderson, County Administrator
Dan Mcintyre, County Attorney
Heather Young, Assistant County Attorney
'--
'WJI
BOARD OF
COUNTY
COMMISSIONERS
COUNTY
ADMINISTRATOR
DOUGLAS M. ANDmSO~
June 2, 2004
Roy T. Mildner, Esquire
Blake, Torres & Mildner, P.A.
423 Delaware Avenue
Fort Pierce, Florida 34950
RE: Letter of May 25, 2004 - Stock Acquisition of Chuck's Seafood, Inc. by Lewis
Barton
Dear Mr. Mildner:
Thank you for your letter of May 25,2004. Please note that I have forwarded your letter
to the County Attorney for review. Please also note that the April 21, 1998 Lease provides for
use of the Premises as a restaurant and other such lawful uses incidental thereto, subject to use
for public County purposes. The Lease also requires the Lessee to obtain the approval of the
County and any applicable regulatory agency prior to the construction of any improvements on the
premises.
I am emphasizing the Lease provisions set out above because of some informal discussions
between County staff and the prospective lessee at a recent meeting. At this meeting, the
prospective lessee discussed some uses that appear to be different than the uses allowed by the
Lease as well as additional improvements to the Premises. Nothing in those discussions should be
construed as County approval. No change in use or the construction of additional improvements
is allowed without the express written consent of the Board of County Commissioners of St. Lucie
County, Florida. Please provide the County with a copy of the signed stock sale agreement along
with written confirmation that the agreement has closed.
If you have any questions, please let me know.
/..I~ ~ .
ug,s /M. Anderson
County Administrator
DMA/ caf
Copy to:
Board of County Commissioners
County Attorney
Growth Management Director
. DOUG COWARD. Disrricr NO.2. PAULA A. LEWIS. Dis7;;Ct No. J . FRANNIE HUTCHINSON. Disrricr No.4· CLIFF ßARNES. DiSTricr No.5
Counry Adminisrrator . DCt.:ç;'os M. Anderson
JOHN D. ßRUHN, District No.1
2300 Virginio Avenue . Forr Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428
FAX (772) 462-1648 · emoil: dougo@co.sr-Iucie.fl.us
web site: www.co.st-Iucie.fl.us
"'"
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BOARD OF
~OUNTY
COMMISSIONERS
COUNTY
ADMINISTRATOR
DOUGLAS M. ANDERSON
June 4, 2004
SENT VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lewis Barton
2025 Surfside Trail
Vero Beach, Florida 32963
RE: Chuck's Seafood
Dear Mr. Barton:
Attached are copies of three Chuck's Seafood permit applications dated May
26, 2004 and May 28, 2004, signed by you, which were submitted to the City of
Fort Pierce. The Fort Pierce permits for a Temporary Office Trailer (114-9) and
for a Concrete Dining Patio and Tiki Bar (CR4-41) were rejected by the City
because you failed to obtain St. Lucie County (owner) approval.
You also signed a Fort Pierce Tree Removal Application as owner or authorized
agent of Chuck's Seafood on May 28, 2004. Based on your certification to the
City of Fort Pierce that you were the owner or authorized agent for the owner,
the City Clerk's office issued the permit and you removed vegetation, including
Seagrapes.
You are advised that you are not the owner or owner's'agent and have no
authority to sign permit applications as owner or authorized owner's agent for
this County-owned site. Furthermore, all Seagrapes and other vegetation,
which have been removed without County approval, must be replanted with
plants of equivalent size in the specific areas where they had been by thirty (30)
days from the date of your receipt of this letter. If you fail to replant the
vegetation by said date, County staff will recommend that the Board of County
Commissioners enact the termination clause of our lease contract.
. D. ßf\UHN. Disrricr NO.1. DOUG COWAf\D. Disrricr No.2· PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTCHINSON. Disrricr No.4. CLIFF ßAf\NES. Disrricr No.5
Counry Adminisrroror - Douglos M. Anderson
2300 Virginia Avenue · Fort Pierce. FL 34982-5652 · Phone (772) 462-1450 . TDD (772) 462-1428
FAX (772) 462-1648 · email: dauga@co.st-Iucie.fl.us
web site: www.co.st-fucie.fl.us
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Page 2
June 4, 2004
Chuck's Seafood
Additionally, if you make any alterations to the County-owned site without
County approval, staff will recommend that the Board of County
Commisso ers enact the termination clause of our lease contract.
DMA/ ab 04-77
c: Board of County Commissioners
Ray Wazny, Assistant County Administrator
Dan McIntyre, County Attorney
Dennis Murphy, Strategy & Special Projects Director
Dennis Grim, Code Compliance Manager
Dennis Beach, City Manager, City of Fort Pierce
Hector Franco, Acting Director, Building Dept., City of Fort Pierce
Roy T. Mildner, Esquire, Blake, Torres & Mildner, P.A.
Attachments
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: ~,,¡ ~01~:>.:(~(ci
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REST A TEMENT OF LEASE AGREEMENT
THIS RESTATEMENT OF LEASE AGREEMENT made this 2\ ~ day of
~
, 1998, between the ST. LUCIE COUNTY, a political subdivision of the State
of Florida, as Lessor and CHUCK'S SEAFOOD, INC., a Florida corporation, as Lessee;
VV I T N E SSE T H:
VVHEREAS, on July 16, 1991, whereby the Lessee entered into a Lease Agreement with
the St. Lucie County Port and Airport Authority, hereinafter referred to as the "Authority", for
certain property located at 822 Seaway Drive, Fort Pierce, Florida, hereinafter referred to as the
"Premises", for the operation of a restaurant and such other uses incidental thereto; and,
'\VHEREAS, on June 15, 1992, the parties entered into a First Amendment to the July 16,
1991 Lease Agreement to proivde that during the initial ten year term of the Lease Agreement the
lessor may omy terminate the Lease Agreement for cause or upon determination of a public
purpose; and,
WHEREAS, on December 30, 1996, the Authority conveyed all right, title and interest
in the Premises to S1. Lucie County, subject to the terms and conditions of the July 16, 1991
Lease Agreement, as amended; and,
WHEREAS, the parties have agreed to further amend and restate the July 16, 1991 Lease
Agreement to address the matter of ad valorem taxes and further clarify the terms of the Lease
Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree to amend and restate the July 16, 1991 Lease Agreement as follows:
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That said Lessor does hereby lease to said Lessee the Premises located in St. Lucie
County, Florida, described as follows:
The building, including the existing parking area, located at 822 Seaway Drive, Fort
Pierce, Florida, which is known as Chuck's Seafood, and more particularly reflected in
the drawing attached hereto and incorporated herein as Exhibit "A".
TO HAVE AND TO HOLD the premises aforesaid unto the Lessee from the 2.\~ day
of~
, 19~i', for a term of fifteen (15) years, with the option for extension by
agreement of Lessor and Lessee for up to three (3) additional five (5) year terms, said Lessee
paying for the same to the Lessor, its successor and assigns, the rents hereinafter provided for.
DEFINITIONS
The following definitions shall apply for purposes of this Lease:
(a) Improvements: All decorations, installations, additions, or alterations, structural or
otherwise, in or to the premises.
(b) Premises: The building and existing parking area, located at 822 Seaway Drive, Fort
Pierce, Florida, which is known as Chuck's Seafood.
(c) Untenantable: The inability to conduct normal daily business operations.-
COVENANTS OF LESSOR
1. Lessor covenants and warrants that it is owner in fee simple of the land on which
the Premises are located and has the right to make this Lease. In the event of any sale or transfer
of Lessor's interest in the Premises, the covenants and obligations of Lessor hereunder shall be
imposed upon such successor in interest.
2. Lessor covenants that, so long as Lessee shall faithfully perform the terms
covenants and conditions hereof, Lessee may peaceably and quietly have, hold, and enjoy the
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Premises, and may use same for any lawful purpose within the limitations and conditions imposed
by this Lease for the term hereby granted, without molestation or disturbance by or from Lessor,
his émployees or agents, or any others claiming rights through Lessor in the Premises, and free
of any encumbrance created or suffered by Lessor.
COVENANTS OF LESSEE
This Lease is made upon the following express covenants and conditions, each and every
one of which Lessee covenants with Lessor to keep and perfonn:
3. USE OF PROPERTY: Lessee shall use and occupy the Premises for use as a
restaurant and other such lawful uses incidental thereto. Lessee acknowledges that this property
is subject to use for public county purposes only under the supervision and management of the S1.
Lucie County, as successor in interest to the S1. Lucie County Port and Airport Authority, f/k/a
Fort Pierce Port and Airport Authority.. as required by the deed of conveyance from the Trustees
of the Internal Improvement Trust Fund of the State of Florida. Public county purposes include,
but are not necessarily limited to the following: a county complex, parking area, facilities for
sports programs which would include aquatic sports, boats and docks, including sanitary facilities
necessary or desirable to construct and operate and lease a marina together with a food service
facility if permined by zoning regulations. Lessee acknowledges that the use of the land for
purposes other than public purposes as set forth above may cause reversion of title to the Trustees,
and agrees not to use the land in any manner inconsistent with public county purposes as herein
defined.
4 . MONTHLY RENT: Lessee shall pay to Lessor, in such coin or currency of the
United States of America as at the time of payment of public and private debt, without setoff or
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deduction whatsoever, except as specifically provided for in this Lease or agreed to in writing by
the Lessor, a net monthly rental as follows:
Years 1 - 8
One Thousand Five Hundred Dollars (U.S.
$1.500.00) plus applicable taxes, subject to
a COSt of living adjustment as provided for
below
Year 9 - 15
The fair market rental amount as determined
by the S1. Lucie County Property Appraiser
based on a cost approach to value and or
income approach value method of appraisal
in year 9, plus applicable taxes, subject to a
cost of living adjustment as provided below.
Such payments shall be payable in advance on the first day of each month during the tenn
of this Lease, beginning on the first day of May 1998.
5. COST OF LIVING ADJUSTMENT (COLA): Lessor and Lessee agree that the
rental payments set forth above shall be adjusted higher or lower at one year intervals, but in no
event shall rentals be less than the amount set forth in section 4 above.
(a) Calculation: The adjustment to the rent and the annual rent at each one year
interval shall be determined by multiplying the basic annual rent then in èffect by a
fraction, the numerator of which shall be the Index figure indicated for the month of
August preceding each January 1st of the year of the adjustment, such figure to be shown
by the Consumer Price Index, the United Stares City Average All Items and Commodity
Groups (1967) issued by the Bureau of Labor Statistics of the United States Department
of Labor, and the denominator of which shall be the basic standard Index of such price
index for the month of August preceding each January 1st of the year preceding the year
of adjustment. The product of such multiplication shall be the amount of the annual rental
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payments to be made for the ne~t succeeding one (1) year period. The adjustment
hereunder shall not exceed three percent (3 %) increase per year.
(b) Communication: The rental adjustment made based upon the provisions of
this section shall be made solely by Lessor, unless it is necessary for the parties to agree
upon a conversion factor under the provisions set forth in subsection (d) below. Lessor,
upon determining the rental adjustment of the applicable one (1) year period as provided
above, shall advise Lessee of the new monthly rental for such period, which shall be
accompanied by evidence supporting ~he manner in which Lessor detennined the new
adjusted rent, which evidence shall be in sufficient detail to enable Lessee to verify
Lessor's calculations.
(c) Continuation During Recalculation: It is further understood and agreed that
if the rental adjustment is not immediately detenninable at the time an adjustment is
required, the previous rental then being paid shall continue until an adjustment can be
made, and the adjustment shall be retroactive to the adjustment date, and the sum
constituting the adjustment for the months of the period which have passed prior to the
detennination of the amount of the adjustment shall be due and payable within thirty (30)
days after such detennination.
(d) Alternate Index: It is understood and agreed that the above described Index
is now being published by the Bureau of Labor Statistics of the United States Department
of Labor. Should the Bureau of Labor Statistics change the manner of computing such
index, the Bureau will be asked to provide a conversion factor. Should the publication of
such index be discontinued by the Bureau of Labor Statistics, then such other Index as may
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be published by such Bureau most. nearly approximating the discontinued index shall be
used in making the adjustments described above. Should the Bureau discontinue the
publication of an Index approximating the Index contemplated, then such Index as may be
published by another United States governmental agency which most closely approximates
the Index first above referred to shall govern and be substituted as the Index to be used,
subject to the application of an appropriate conversion factor to be furnished by the
governmental agency publishing each index. If such governmental agency will not furnish
such conversion factor, then the parties shall agree upon a conversion factor to be applied
to the new Index.
6. ADDITIONAL CHARGES AND EXPENSES:
(a) Property Insurance: During the term of this Lease Agreement, Lessee shall
procure and pay for and at all times maintain insurance coverage on the Premises for fire,
windstorm and other occurrence, including vandalism, malicious mischief and other
hazards, with replacement cost coverage limits of not less than the replacement cost of the
Restaurant as a result of a single occurrence. Lessee shall obtain a waiver of subrogation
against Lessor. Lessor shall be named as an additional insured under said policy. In the
event of damage or destruction of the Premises, the monies received in respect of this
insurance shall be expended in rebuilding or repairing the same, and in the case such
money shall be insufficient for such purpose, the deficiency shall be made good by the
Lessee.
(b) Liability Insurance: Lessee shall, during the term of this Lease and any
renewals or extensions thereof, and at Lessee's cost and expense, carry public liability
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insurance in the limits commonly known as $100,000 and $300,000 personal injury and
$25,000 property damage. Said policy of insurance shall insure the Lessor and a
certificate thereof shall be delivered to the Lessor certifying that such insurance is in effect
and will not be canceled without thirty (30) days written notice to Lessor.
(c) Utilities: Lessee shall pay the cost of water, sewer, phone, garbage and
electricity to the Premises. Lessee shall pay the full cost of maintenance of the buildings
and land.
(d) Taxes and Assessments: Lessee shall pay all taxes legally levied or assessed
levied or assessed against said property, including the improvements thereon.
7. PLACE OF PAYMENT: All rent and other payments to be paid Lessor shall be paid to
the St. Lucie County Finance Department, 2300 Virginia Avenue, Annex, Fort Pierce, Florida
34982, or at such other place as Lessor shall from time to time designate in writing.
8. LESSEE'S RESPONSIBILITIES: Lessee shall keep the Premises in a clean, safe and
sanitary condition and shall pennit no waste or injury to occur to the Premises, the fixtures
thereon or the additions alterations and improvements thereto. Lessee shall, at the tennination
of this Lease, by lapse of time or otherwise, deliver up the Premises to Lessor in as good
condition, ordinary wear and tear excepted. Lessee shall repair and maintain in good and
tenantable condition, and in compliance with all governmental requirements, the structural parts
and structural floor, plumbing, and electrical fixtures of the Premises and shall keep or cause to
be kept the exterior of the Premises in a clean, safe and sanitary condition.
Lessee shall be responsible for the following items:
(1) Painting and electric lighting service for all interior and exterior areas of the
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Premises;
(2) Heating, plumbing, ventilation and air conditioning (cooling) equipment;
(3) Interior maintenance and exterior maintenance including, but not limited to, roof
and structure;
(4) Janitorial service;
(5) All maintenance including lawn maintenance.
Lessee will maintain the Premises in compliance with all applicable federal, state, and municipal
laws, rules, and regulations. Upon termination of this Lease, Lessor shall have the right to re-
enter and resume possession of the Premises.
9. RESPONSIBILITY FOR DAMAGE TO PREMISES: All injury or damage to the
Premises caused by Lessee or its agents, employees, or invitees, including but not limited to any
environmental contamination caused by Lessee, shall be repaired by Lessee at Lessee I s sole
expense. All injury or damage to the Premises caused by Lessor, or its agents, employees, or
invitees, shall be the responsibility of the Lessor and shall be repaired with due diligence and as
soon as practicable, at Lessor's sole expense.
10. NO LIENS CREATED: The Lessee will not suffer or permit, during the term hereby
granted, any mechanic's liens or other liens for work, labor, services or materials to attach to the
Premises, or any improvement constructed thereon, and if any such liens are attached, the Lessor
may, at its option, cause said liens to be paid and discharged and the amount thereof, with interest
shall become immediately due and payable by the Lessee to the Lessor as additional rent, and in
default of payment thereof, the Lessor shall have all the same rights and remedies as in the case
of default of the rent herein reserved.
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11. INDEMNIFICATION AGAINST CLAIMS: The Lessee is and shall be an independent
contractor and operator, responsible to all parties for all of its acts or omissions, and the Lessor
shal1 in no way be responsible for such acts or omissions. The Lessee shall and will indemnify
and hold harmless the Lessor from and against any and all liability , claims, demands, damages,
expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including
reasonable attorneys fees, of any kind and nature arising or growing out of or in any way
connected with the use, occupation, management, or control of the premises by the Lessee or its
agents, employees, or invitees, arising out of or in any way connected with the operation or
conduct of any business or businesses of the Lessee or its agent, servants, employees, customers,
patron, or invitees, whether on the Premises or surrounding area, or resulting from injury to
person or property, or loss of life or property of any kind or nature whatsoever, sustained during
the term of this Lease, in or about the Premises or surrounding area.
12. LESSEE IMPROVEMENTS: The Lessee does hereby agree that, upon the expiration of
this Lease at the end of its term or as otherwise provided herein, Lessee will quit and deliver up
the said premises with any improvements in good condition, ordinary wear and tear excepted.
All alterations, additions, improvements, decorations, or installations, including but not limited
to, railing, air conditioning ducts or equipment, except movable furniture, partitions, and fixtures
put in at the expense of Lessee and removable without defacing or injuring the Premises, shall
become the property of Lessor at the termination of this Lease. Lessee shall obtain the approval
of the Lessor and any applicable regulatory agency prior to the construction of any improvements
on the Premises.
13. ENTRY BY LESSOR: Lessee will permit Lessor or its representatives to enter the
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Premises, at all reasonable times during Lessor's normal business hours or upon reasonable notice
to Lessee, to examine, inspect, and protect the same. Lessee shall further pennit Lessor or its
representative to enter the Premises during the last sixty (60) days of the last tenn of this Lease
to exhibit the Premises to prospective tenants.
14. DEFAULT BY LESSEE: If the Lessee fails to pay rent within fifteen (15) days of the
date on which such payment is due, and Lessee has received actual notice of such failure, then
Lessor may terminate this Lease on notice to Lessee. If Lessee defaults in the perfonnance of any
of the other terms, covenants, or conditions of this Lease, Lessor may tenninate this Lease upon
not less than thirty (30) days written notice to Lessee on the date specified in said notice unless
Lessee has cured the default or is in the process of curing the default and the fault can be cured
within thirty (30) days; otherwise, Lessee shall quit and surrender the Premises to Lessor. If this
Lease is terminated by Lessor, Lessor may at any time thereafter resume possession of the
Premises by any lawful means and remove Lessee or other occupants and their effects. In the
event of default, the Lessee agrees to pay any and all expenses which the Lessor may incur in
enforcing its rights under the Lease.
15. DEFAULT BY LESSOR: If Lessor defaults in the perfonnance of any substantial term,
covenant, or condition of this Lease, Lessee may terminate the Lease upon not less than thirty (30)
days written notice to Lessor upon the date specified in such notice unless Lessor has cured the
default or is in the process of curing such default.
16. TERMINATION: During the entire term of this Lease, Lessor may only terminate this
Lease for cause or if authorized by an official act of St. Lucie County in which it is determined
that is necessary to use the demised premises for another "public purpose" as referred to in
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Article X, Section 6 of the Florida Constitution, in which event after such determination is made
Lessor shall give Lessee one hundred eighty (180) days written notice to the Lessee that the Lease
is being terminated. In the event the Lease is terminated as a result of a determination that the
,
premises are needed for another public purpose, Lessor shall be responsible for reimbursement
to Lessee of the amortized cost of all improvements made by Lessee to the demised premises
during its occupancy of the demised premises based upon a fifteen (15) year life for such
improvements. Said fifteen (15) year life for each such improvement shall commence on the date
the certificate of occupancy or final inspection was issued for each improvement, or the date of
completion if no certificate of occupancy or final approval was issued or required. In the event
of termination, the Lessee shall provide the Lessor with written proof of the commencement date
of such life, as provided above, for each improvement for which the Lessee seeks reimbursement
from the Lessor.
17. COMPLIANCE WITH ALL APPLICABLE LAW: All buildings and improvements shall
be erected and constructed in accordance with and in full compliance with the zoning ordinances
and the building code of the City of Fort Pierce and all other applicable laws and regulations.
Prior to any construction, alteration, addition, improvement, or installation, the Lessee shall
secure the written approval of the Lessor.
18. LIMITATIONS ON USE: Any use of the Premises for purposes other than those
specifically approved in this Lease must be approved in writing by the Lessor prior to
commencement of such use by the Lessee, and in no case may the use of the Premises violate the
public county purposes deed restriction. Neither the Premises. nor any part thereof, shall be used
or occupied for any purpose or in any way which constitutes a public nuisance or violates any
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federal, state, county, or municipal law OJ;" ordinance.
19. NOTICE: All notices or other communications hereunder shall be in writing and shall be
deemed duly given if delivered in person or sent by certified or registered mail, return receipt
requested, first class, postage prepaid and addressed as follows:
IF TO LESSOR:
WITH A COpy TO:
St. Lucie County Administrator
2300 Virginia A venue
Fort Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia A venue
Fort Pierce, Florida 34982
IF TO LESSEE:
WITH A COPY TO:
Chuck's Seafood, Inc.
822 Seaway Drive
Fort Pierce, Florida 34982
Diana Goldman, Esquire.
1858 SE Port St.. Lucie Boulevard
Port St. Lucie, Florida 34952
unless written notice of a change of address is given pursuant to the provisions of the Article.
20. EMINENT DOMAIN: If during the term of this Lease Agreement, the whole or any part
of the land or Building in which the Premises are located, other than a part not interfering with
the maintenance or operation thereof, shall be appropriated by right for eminent domain, then this
Lease Agreement shall terminate as of the time of such appropriation; and rent shall be
apportioned and adjusted as of the time of termination. Lessee shall have the right, at its election,
to continue to occupy the Premises on a month-to-month basis, if pennitted by the condemning
authority and by law, for the period between the time of such appropriation and Ihe time when
physical possession of the Premises shall be taken. Except for the tennination of the tenn, such
possession shall be subject to the provisions of this Lease Agreement; but the amount, if any,
charged Lessee by the taking authority or its assigns for rent or use and occupancy shall be
deductible form the rent paid or payable by Lessee hereunder.
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Lessee shall not be entitled to share in any awards to the Lessor, but the Lessee shall be
entitled to pursue its own claim for any damages suffered by the Lessee (which do not infringe
upoI}. or reduce the claims of the Lessor or any awards to the Lessor) and the Lessor agrees that
it shall not interfere with such claims of the Lessee and Lessor shall not make any claim for any
damages which are considered "special damages" to Lessee including lost profits or for fixtures,
additional, improvements, decorations or installations, not including those that are not removable
without defacing or injuring the Premises including but not limited to, partitions, railings, air
conditioning ducts or equipment.
21. CONSENT OF LESSOR AND LESSEE: Wherever the Lease requires Lessor or Lessee
consent or approval to any action on the part of the other, such consent or approval shall not be
arbitrarily or unreasonably withheld. Lessor and Lessee shall act reasonably and in a manner
consistent with reasonable commercial practice. The consent or approval by Lessor of any act or
request by Lessee shall not be deemed to waive or render unnecessary the consent or approval of
any subsequent act or request.
22. OBLIGATIONS OF SUCCESSORS: Each and all provisions, including all options in this
Lease, shall be binding upon and inure to the benefit of the panies hereto, and except as otherwise
specifically provided in this Lease, to their respective heirs, executors, administrators, successors,
and assigns, subject at all times to all agreements and restrictions contained elsewhere in this
Lease with respect to the assignment, transfer, encumbering or subletting of all or any part of
Lessee r S interest in this Lease.
?"
-;) .
P ARTIAL INVALIDITY: It is agreed if any provisions of this Lease shall be determined
to be void by any court of competent jurisdiction, then such determination shall not affect any
13
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....J'
other provision of this Lease, and all such other provisions shall remain in full force and effect;
and it is the intention of the parties hereto if any provision of this Lease is capable of two
constructions, one of which would render the provisions valid, then the provision shall have the
,
meaning which renders it valid.
24. MODIFICATION OF LEASE: This Lease may be modified only by mutual written
agreement of both parties.
25. CUMULA TIVE EFFECT: The various rights, options, elections, powers and remedies
contained in this Lease shall be construed as cumulative; and no one of them shall be exclusive
of any of the other or of any other legal or equitable remedy which either party might otherwise
have in the event of breach or default in the terms hereof, and the exercise of one right or remedy
by such party shall not impair its right to any other right or remedy until all obligations imposed
upon the other party have been fully performed.
26. GOVERNING LAW: The laws of the state of Florida shall govern the validity,
perfonnance, and enforcement of this Lease. Should either party institute legal action to enforce
any obligation contained herein, it is agreed the venue of such suit or action shall be in St. Lucie
County, Florida; and both parties hereby waive defenses to the contrary. This Lease shall not be
construed either for or against Lessee or Lessor, but shall be interpreted in accordance with the
general tenor of this language.
27. ASSIGNMENT BY LESSEE: Lessee may not assign this Lease in whole or in part, or
sublet the premises in whole or in part, or permit the same to be used or occupied by others,
without the prior written consent of the Lessor. Any attempt to assign Lessee's rights or duties
under this Lease without Lessor I s prior written approval will be void. Any assignment by Lessee
14
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'wII
shall be limited to an assignment for the operation of a restaurant on the premises.
28. ASSIGNMENT OF LESSOR: Lessor shall have the right to transfer and assign, in whole
or in part, all and every feature of its rights and obligations hereunder, and such transfer of
assignment, if made, shall in all respects be recognized by Lessee. Lessor shall require
transferees or assignees to assume, in writing, all of the terms, covenants, and conditions of this
Lease.
29. ENTIRE AGREEMENT: It is understood and acknowledged that there are no oral
agreements between the parties affecting this Lease, and this Lease supersedes and cancels any
and all previous negotiations, arrangements, brochures, agreements and understandings, if any,
between the parties hereto and none thereof shall be used to interpret or construe this Lease unless
such negotiations, arrangements, brochures, agreements, and understandings are specifically
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on the
day and year first written above.
Signed, sealed and delivered in the
presence of:
ST. LUCIE COUNTY, a political
subdivision of the State of Florida
~ ().~A
cult
~'-lliJ\:O","' tJv"Yv-J)~'''~
. ~
Witnesses As to Lessor
II r.sÞ!ì.~ur.n ,t~ "'n çt-::)!.!.í!
h~ ,; ~!:~ Yii-:~: ¡>-::.~ .~ -. ~ "J ~~~
>·!~··:D rQX!·F~~-~[.~· ~~~·:8S:
15
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M GÙüNiY ATTORNEY
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CHUCK'S SEAFOOD, INC., a Florida
corporation
~
(S"eal)
Witnesses As to Lessee
(g: \agreemm\lease \chucks)
16
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NORTH' LINE OF SUBMERGED AND
UPLAND PARCEL AS DESCRIBED IN
DEED BOOK 127 PAGE 249 PUBUC
RECORDS OF ST. LUCIE COUNTY
- ~ \
-:,0 \) ì
\.\)st
Sï. LUCIE COUNTY
and AIRPORT AUTHORITY
HOLDS TITLE TO
SUBMERGED LANDS
CONCRETE RUBBLE
TOP OF PILING
El. 3.52
GROUND EL. O.9~
WEST LINE
~OAST GUARD
/ " STATION
MEAN HIGH
WATER LINE
ELEVATION 1.09
(1929 NGVD)
AS PER D.E.P.
3UREAU OF
SURVEYING &
MAPPING
\
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~~
~\y..
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<õ '
~ 9\·0
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BEARING BASE:
THE ~ OF SR A-l-A
IS "TAKEN TO BEAR
N 64 50' 00" E AS PER
INSTRUMENT OF CONVEYANCE
RECOHOED IN DEED BOOK 127
PAGE 249
THIS IS NOT A SURVEY
SCALE: 1 "=30'
FIELD F.B. 261
COORD FILE:
':AUS3
SHEET NO.
1 OF 1
DATE 5 6 97
PROJECT NO. 9722
DRAWN BY D.P.G.
CHECKED RON HARRIS
REVISIONS
ADD MHWl, 7/11/97
EXHIBIT FOR COUNTY ATTORNEY OFFICE
CHUCKS SEAFOOD RESTAURANT
SOUTH CAUSEWAY ISLAND
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ENGINEERING DIVISION
SURVEY SECTION
2300 VIRGINIA AVE., FT. PIERCE, FLORIDA
TELEPHONE (561) 462-1707
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Fort Pierce Tree Removal Application
Section 22-71
Owner/Applicant:
Address: ~-e.?-VV '^-
City: (.J~ C-<-.
Location of project: ,5'ß\./J1.(2
Legal Description or Tax 10 #
Parcel Size: (acres / sq. ft.)
Date work is to begin: jij,r/o( Date work is to be completed: .
Description of vegetation removal activity: (ç' c- /f þt-t.-.7)..e -e- ~ S -e<f' ;?'f'v-!:H? l'
/' I
Ú'VC
..1' cS're,t7--
Î1/¡/~ Phone: P.?t,a- ß?(- .ß ()O~
State: P( Zip code: ? f'P/f(
(JÞ(}c/~
Fee: $25.00
Receipt #: \ \ ~~~ (~~t~
~~ ~'f-'ð\d-\
Purpose of tree removal: ~ <
tÂJ C()I1~·7k~ctrdt1
Proposed use: Single-family /Duplex [] Commercial/Industrial
-
Public [ ]
CONTRACTOR INFORMATION:
State Certification #
Business Name:
Address:
City:
Qualifier's Name:
City Certification. #
State:
Phone:
Zip code:
I certify that I am the owner of the above described
property or authorized agent of the owner. I certify
that aU information submitted with this application
~bestof~Y owledge.
(
STATE OF FLORIDA
ST. LUCIE COUNTY
The foregoing instrument was acknowledged before
m.thiS~aYOf~Ò .2cl
~ ~~
lie
Approve~
¡~~::'.Y.t;;;. JEANETTE F. CONLON
ª": ',¡*% MY COMMiSS:mH CC 1001360
I ..,.,.....èf.. . .,~ . -- .-.
, -"J;,F,fnr.~\'"
Denied [ ]
Permit #:
Conditions: ~
Inspector: f W/é.C~
Site Inspection: ' .
Final Inspection:
Date:
Date:
Date:
->~iv
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CITY OF FORT~IE ,E BUILDING DEPARTMENT ROUTING FORlv.1:
/ sent by .
Historic [0 Piarll1ing [ Engineering- [J Lands~ape [] FPUA [ ] (SEE BACK PAGE)
Date Sent 1Q t;} I \ t) 4 \
Permit #: c.- \~ l+-4: ~0 \ \,'\
Own'" N ameC~<7~ J ~ Q -'¡QoQ . ~t:-'L -
Property Address: '-6d:;r- ,., . L~~'<'
T)?e oÍPermit CDI,)l.'ìtL(./\.'~c.o-Q "t:::l .
Approved [J Approved as Noted [ ] Rej e ted N/ A [ ]
Risto:ic:
Individually Designated [ J
District [ ]
. Approved [
Comments:
] Rejected [ ] N/A [~ Hold for COA [ ]
R~vi~w~r:
R~yi~\ver:
Date:
Date:
I
Zoning
Ivlaximum Lot Coverage:
Font Y!!I"d Setback:
Re¡;;r Y!!I"d Setback:
N e¡.v Lot Coverage:
Eyisting Lot Coverage:
?rop::Jsed Lot Cove:-ag=::
Side Yard Setbacks:
Lot Size:
Calculations (Road)
Land Use
:ree Per Dmt
Impact Fee
"# UDÍts
x
"# Sq. Ft
x
Calculations ( Schoo~ Parks, Library, Public Bldgs)
#- Units
x
i¢ Sq. Ft
x
l:npac! fee credits due to cha!lge of us:: or previously de::J.olished buildings:
Road Impa~t Fee:
School Impact Fee:
P!!I"ks Impact Fee:
Library Impact Fee:
Public Bldg Impact Fee:
Fû:eI EMS Impact Fee:
ImpactFee Credit:
TOTAL IMPACT FEE:
\...,
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CITY OF FORT PIERCE BUILDING DEPARTMENT ROUTING F0R11
sent by
Historic [0 Plam1Îng [L./] Engin~~ring [ Landscape [] FPUA [ ] (S~ BACK P AG:::;)
Date Sent S/;;)'õ lö~
P ennit #: -rl 4--,\ 0 \
OwnôrNamec..,~ SQ~~ Í'\.
Propeliy Address: ~ad- ~~ C>J'L
Type ofpennitl-'VYw -C~
Approved [J Apploved as Noted [ ] Rejected ] N/A [ ]
Historic:
Individually Designat~d [ ]
District [ ]
Approved [ ]
Comments: It
, eLF
<] '-::J' 'et~
Approved as Noted [ ] Rejected [ ] N/A ~J Hold for COA [ ]
/1fÚ;u,J .f;" -k<~"¿' ~ ,51. LuLJ'" ~\:tT
?8YM \ ,¡J,oc(? :fm-- f'e!'" I ~o€~ r ....<:H ''11(./-1 M ¡,0 r~f'ds ~
Reviewer:
Reviewe;::
-4
------
Date:
Date:
/
Zoning
MEY.1mum Lot Coverage:
Fo!!.~ Yard Setback:
Re~ Yard Setback:
N e\> Lot Coverage:
Existing Lat Coverage:
Propos~è Lat Coverage:
Sid~ Yard Setbacks:
Lot Size:
Calculations (Road)
Land Use
Fe~ Per U:rit
!~pactFee
# Units
x
# Sq. Ft
x
CalculatioIlS ( School, Parks, Libra:")', Public Bldgs)
# Units
x
# Sq. Ft
x
Impact Íee credits due to change oflls:: Œ' previously demolished buildings:
Road Impact Fee:
School Impact Fee:
Parks Impact Fee:
LIbrary Impact Fee:
Public Bldg Impact Fee:
Fliel EMS Impact Fee:
ImpactFee Credit:
TOTAL IMP ACT FEE:
S\JNot
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Permit #t t2..q - y l
CODE IN EFFECT
FBC 2001
CITY OF FO»T_PIERCE, FLORIDA
BUILDING DEPARTMENT
APPLICATION FOR BUILDING PERIVIIT
.::) Ll f\r ~772!_~60.2200 EXT. 261 OR 276 F~467'9S36
'- I L. c~ :::1.,,- ().:.::¿, .~ err I ::::... It
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Properly 10#
Owner Name
Owner Address
Property Address
Legal Description
Date F/ÍlØi0
Phone; (?2~/ ï- 1'1 eflf
Fax# (~>.)¡ ) £16/- ?~t'~
Number of Plans submitted~"Ï ~
Type 01 Permit / M -p;,Q ,/ ~ ~11 ..:....ì ..J.-
Description of Work ý'";1J )1 ('/I~ ~ ./
¡)/J1 /,, ~
1 /.
{JOII CII~/~ ~)~ ~
{( ¡/ r 'þVf
Valuation S
V /J-I/O
:;9ot:7cJ
t1///:í 1fí%/ f)t1./'I
T,t>
FO 1'1f;¡ I
511." () {)
)---
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Phone# (
Phone# (
J_,_Fax#!
,_,_Fax#(
Architect:
Engineer:
CONTRACTOR INFORMATION:
State Number
CON5Truc(11J tV ':¡:'/VC-
Last
License Number: City Number Aß
Company Name ß E$I:.r, Av< G¡11/ N
Or Name First
Init
Address ? é) 13 0 X '"3 S; f f~
City F r ?t ~ r C. e.. St.a F L
Phone II ( ) ?xeD . 0,....' C1 :) Fax" ( ) -'
SUBCONTRACTORS: See Subcontractor Verification Sheet. It must accompany this application.
STRUCTURE:
Occupancy
Construction Type
Flood Zone
Base Flood Elev
Fin. Floor Elev
FEES:
Plan Review
Permit
Double Fee
cal.
." ----zj~ It q If r
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" . _~ JI .
~' l1it tit1y' .. ';,-
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/,' (: 6 ~.
_-'':'_.._ t.iJ'I
Number of Stoc:es
Number of Unit
"jl}1 t..'
-.
.sn .(:9- CÞ /;.)(.(\'.)
C.O.
'Totallmpact Fees
Radon
Other Fees
Total Fees Due
'See planning department impact fee calculation form.
Remarks
Approved YIN
Reviewed by:
Date reviewed
Building Official
Date
;'
I'
personally known to e or
as identification. Notary
Notary (Print n
s
Plans and specifications of structure to be built or repaired must accompany this cation·i!"~~·F.1~iâ? TlE;;S;;- -1
code submitted becomes an integral part of this plan and must pass final inspection. "Notice: ~/·;Ir¡'-add¡tioìì'ti.ûi'#~;)'¡·r.V1i..-;o1 i
requirements of this permit. there may be additional restrictions applicable to this property that~~_¡¡;;:f~~n!f~~;:';;:~::~~:"'~ l
public records of this county. and there may be additional permits required from other govemmentaJ er:tities s~'Ch as --.
water management districts, state agencies. or federal agencies.·
. __,,___. _.. ,,' ';M in nn~-" Rt 11\ DING
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Permit # -f( Y -- q
CODE IN EFFECT
FBC 2001
Owner Name
Owner Address
Property Address
Legal Description
CITY OF FORT PIERCE, FLORIDA
BUILDING DEPARTwIENT
APPLICATION FOR BUILDING PER1\1IT
(772) 460-2200 EXT. 261 OR 276 FAX.(772) 467-9836
Date .; - ?... b ~ (J ï
Phone:: ('7,2.) It.¡ ra f -'1 '{ ý~
Fad ('7721 4 G (,... q 't g.~
Number of Plans Submitted 2-.
Type of Permit
Description of Work
5r l-e
C'I_~
cX~~' ¡¿ -~[l, Q ,',
Çt{I(.
Phone# (
Phone:: (
J_-_ Fax::(
J_-_ Fax::(
J_-_
J_-_
Architect:
Engineer:
CONTRACTOR INFORMATION:
License Number: City Number State Nu;r.ber C G- c 0 '1.5' 7 'L tJ
Company Name -¡¿ r. sr ß A A G- A (tV (Ð" d -r:..1VC-
Or Name First Init Last
- 7 G '11
SUBCONTRACTORS: See SubcontractorVerilication Sheet. It must accompany this application.
STRUCTURE:
Address Po ßV)C 'SÇ'( S'
City Pi ¡q ~ rt.ç .
Phone # (772) .2É..ù.- - 61.{ q ç--
St.a F c:...
Fax:: D? '2.) L¡ G~
Zip '5 t¡. cr <fr
Occupancy
'::onstruction Type
;Iood Zone
Base Flood Elev
Fin. Floor Elev
FEES:
Plan Review
Permit
Double Fee
cal.
Number of Stories
Number of Unit
Square FI. Per/FL
Square Ft. Conditione
C.O.
'Tolallmpact Fees
Radon
Other Fees
Total Fees Due
'See planning department impact fee calculation form.
Remarks
/'
Approved Y IN
Reviewed by:
Date reviewed
Building Official
Date Notary (Pri . . ,. I STAMP
~!~~'~7~. ~ ~=~~~n.:-
~--".., '., ':R1·~I1EKJ¡¡Oï'-'" ~ì1
Plans and specifications of structure to be bunt or repaired must accomp ny this a lication. Th FI ø. iI. ner y iF· :""':"1":..: ""~ ~.. ,.
:~ .'~: '. /"·"'.11 1f'D('1i1'~'1 .
code submitted becomes an integral part of this plan and must pass final inspection. ·Notice: In a :~~t1~~IÍ~.,:: ~~:2f^/~:::,":;£~. /1
requirements of this permi!, there may be additional restrictions applicable to this property that may be found in tIïe~·'>o~'C;:,¡.;. .~:;:. . _ j
public records of this county, and there may be additional permits required from other governmental entities such as
water management districts, state agencies, or federal agencies~
C' ~"I^"'II~C' I"\~ ^~OII""^I\ T "AlIC'" DC t-.1t"'\TADI7cn If .....Ulr'ol'\.. "'"i1~..... ............Ii......."t ......,... ...;,.,... ;... ................. DIIII r""It':!
l§y,T¡ond . WªZr1Y .-ç~y~ªeafoOd
From:
To:
Date:
Subject:
Charles Wenzel
Raymond WaZIlY
6/3/2004 3:28:00 PM
Chuck's Seafood
Address requested is
2025 Surfside Trail
Vero Beach, FL. 32963
""'"
Page 1 I
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óOARD OF
COUNTY
COMMISSIONERS
COUNTY
ADMINISTRATOR
DOUGLAS M. ANDEr-SON
June 21,2004
Gladys C. La Forge
Chuck's Seafood Restaurant
822 Seaway Drive
Fort Pierce, FL. 34949
Dear Ms. La Forge:
Thank you for your letter of June 17,2004 concerning Chuck's Seafood, Inc.
The request to use County owned property at Chuck's Seafood for the purpose of conducting an outdoor
festival is denied for the following reasons:
1. Outdoor festivals such as those currently advertised as Pirate's Fest, are not consistent with
the lease agreement for our restaurant facility.
2. Inadequate parking exists for an outdoor festival at Chuck's Seafood Restaurant and there is a
potential for holiday traffic control problems on the causeway.
If you wish to appeal the decision to deny the use of Chuck's Seafood Restaurant for a festival, please let
me know and we will schedule this matter to be heard by the Board ofCountyCommissioners.-
Sincerely,
¿ ¿;)¿:
Ra~'~~
A~it~n¿oun A
RL Wvc-04-56
C: Board of County Commissioners
Douglas M. Anderson, County Administrator
Dan McIntyre, County Attorney
Dennis Beach, City of Fort Pierce Manager
Sheriff Ken Mascara
Police Chief Eugene Savage, City of Fort Pierce
Pete Keogh, Parks & Recreation Director
Randy Stevenson, Interim Growth Management Director
Glenn Blake, Esq.
Erich Gill, Media Coordinator for Tourism and Economic Development
JOHN D. ORUHN. Disrricr No.1. DOUG COWARD. Disrricr No.2. PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTCHINSON. Disrricr No.4· CLIFF OARNES. Disrricr No.5
Counry Adminisrraror - Douglas M. Anderson
2300 Virginia Avenue . Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428
FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us
~
.....J
Chuck's Seafood Restaurant
822 Seaway Drive
Fort Pierce, Florida 34949
í ----- "
¡1m Œ ® Œ 0 W Œ ¡!-;';
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UL JUN I 7 2004 I LIiJ
.~
i COUNTY ATTORNEY
June 17,2004
Douglas M, Anderson
County Administrator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34949
RE: Film Permit Application
Dear Mr. Anderson:
I am in receipt of your letter dated June 14,2004. Upon revie\\'ing same, it appears that there is a
m isullderstanding and/or misinterpretation as to the nature of the fi 1m application submitted on behalf of
Native Country Studios. Inc. to film commercials at and on behalf of Chuck's Seafood, Inc. To rectify the
problem, I asked to meet with you and was advised by your assistant Ann, that you were unavailable for
two (2) weeks. She referred me to your Assistant County Administrator, Ray Wazny, who was intimately
familiar with permit applications. J am awaiting contact to arrange an appointment, since he is in vacation
until Monday,
To clarify our position and to streamline the anticipated meeting with Mr. Wamy, I am
documenting the preceding events in an effort to resolve issues in a productive manner. Mr, Lewis Barton
'advises me that he had several conversations with Mr. Erich Gill concerning the granting ofa film permit
prior to my intervention. Mr. Barton \\'asassured of the issuance of the permit in short orderafter the
application \\as submitted.\\He was further advised that Mr. Gill was the individual authorized to issue the
permit When I became involved, I met with Mr. G ill to secure the "Application of Filming Permit." I
specifically requested a copy of the film permit rules and regulations, so to insure compliance with the
county's guidelines.. I was advised that none existed. I then asked for a copy of the municipal code
requiring a pem1it and the process incidental thereto. I was told by Mr. Gill and the Assistant County
Attorney Heather Young that none existed, When I met with Ms. Young, in the presence of Mr. Gill, the
only guidance J received was that the filming permit had to be incidental to the use of the restaurant. We
agreed that we were venturing into uncharted territory, but that commercials/promotions for the restaurant
were indeed permissible. J expressed to Ms. Young and Mr. Gill that we need a consistent and non-
arbitrary criteria for granting film permits, so that I knew what was expected by the county and the county
imparted their requirements.
The application submitted was a request to film commercials and promotions during a scheduled
holiday event at the restaurant. Your letter of June 14,2004 indicates ..tilming a standard promotional
video or commercial for the restaurant would be permitted as an accessory use to the restaurant operation
permitted under the lease." That is simply what we are trying to do.
lJl?llð~,
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Whenl spoke to Mr. Gill on June 9, 2004, He advised me that the county wanted more details on
the planned weekend events. Trying to accommodate the inquiry and deal in good faith, I supplied the
information, although it was not required in the film application and it was irrelevant to same. It appears
from your letter that the denial of the film permit is nothing less than subterfuge for questioning the
propriety of the event under the term's of the county's lease with the restaurant. Since you have denied the
permit, there must be a legislated appeal process to utilize for review of your decision. I require this
information as soon as possible. If there is no review process, you may wish to consider the exposure the
county has for lack of same.
I look forward t speaking to Mr. Wazny to resolve this matter and to establish guidelines for the
future.
Very truly yours,
1CLaForge
-".
c.c.,Glenn Blake Esq.
Sõãï'ëfõfCoun{y jlnmiSsioners
County Attorney'
Interim Growth Management Director
Media Coordinator for Tourism and Economic Development, Erich Gill
J
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BOARD OF
COUNTY
COMMISSIONERS
COUNTY
ADMINISTRATOR
DOUGLAS M. ANDEr-SON
Via Facsimile
~'~
~~
,-
/ . B
/ eWlS arton
huck's Seafood, In .
~22 Seaway Drive
: Fort Pierce, FL 349 9
June 25, 2004
Notice of Code Violation - Unpennitted Signs
Enclosed is a copy of a City of Fort Pierce Notice of Code Violation (Case # CEDF2004-
1504) for unpennitted temporary and ground signs. The Notice requires that all unpennitted signs be
removed within twenty-four (24) hours. As this deadline has passed, please provide the County with
proofthat the property has been brought into compliance either through removal of the signs or the
issuance of a sign permit. Your immediate attention to this matter is expected.
Sincerely,
Enclosure
RW/jc
Copies to:
Board of County Commissioners
Douglas M. Anderson, County Administrator
Dan McIntyre, County Attorney
Glenn Blake, Esquire
Shirley Kirby
Gladys LaForge
f"'" ~
, @~·r-;=n\\nrG' "I
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. ,
'I"'~' JUN 2 8 . iit;'"
I '
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CO. ADMIi'-!. C:::¡:iCE ¡
JOHN D. BRUHN. District NO.1. DOUG COWARD. DisrricT No.2· PAULA A. LEWIS. District No..3 . FRANNIE HUTCHINSON. District No.4' CLIFF BARNES. Districr No_ 5
County Administrotor . Douglos M. Anderson
2300 Virginia Avenue · Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428
FAX (772) 462-1648 · emai/: douga@co.st-Iucie.fl.us
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City of Fort Pierce, Florida
Building and Community Response
P. O. Box 1480
Fort Pierce, Florida 34954
TEL #: (772) 460-2200 FAX #: (772) 467-9836 (SLOG)
FAX #: (772) 468-0457 (CODE)
6/23/2004
Tax 10 #: 240213300020003
Case #: CDEF2004-1504
St Lucie County
2300 Virginia Ave
Fort Pierce, FL 34982-5632
Chucks Seafood
822 Seaway Dr.
Fort Pierce, FI 34949
ADDRESS: 822 SEAWAY DR
It has come to our attention that the property located at the address listed above is in
violation of the city's ordinance(s):
Ordinance #: 15-5 Description: SIGNS PROHIBITED
24 HOURS TO REMOVE ALL UNPERMITTED SIGNS (TEMPORARY AND GROUND SIGN).
YOUR COOPERATION IN THIS MATTER WOULD BE GREATLY APPRECIATED.
The Community Response Department request that this property be brought into
compliance within / days. If you are unable to meet this request for any reasons,
please contact the Community Response Officer at (772) 460-2200 extension ¿to Lf
Our office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. ...
Sincerely,
k' ~:£~
SHIRl~IR~-7
Community Response Officer
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:)ARD OF
COUNTY
COMMISSIONERS
~=r. ~eJ~_1 E'" -.\.
'eøUNTY .~
:':f~~:~:'~;.'ºi·:R·:·ri'>;~·:'A.·· ··..·.,1
COUNTY
ADMINISTRATOR
DOUGLAS M. ANDEr-SON
July 2, 2004
Glenn Blake
Blake, Torres & Milder, P.A.
423 Delaware Avenue
Fort Pierce, FL. 34950
Dear Mr. Blake:
Thank you for you letter of June 24, 2004 requesting an extension of time to replant
Seagrapes and other vegetation at Chuck's Seafood, which were removed without
St. Lucie County approval.
Your request is denied. Failure to complete replanting within 30 days of receipt of the
June 4, 2004 letter will result in a Default by Lease as outlined in Paragraph 14 of the
lease agreement.
c: Board of County Commissioners
Dan Mcintyre, County Attorney
Ray Wazny, Assistant County Administrator
Lewis Barton
JOHN D. DRUHN. DistriCT NO.1. DOUG COWARD. DisrricT No.2. PAULA A. LEWIS. DisrTicT No. J . FRANNIE HUTCHINSON. Disrricr No.4· CUFF DARNES. DisTricT No.5
County AdminisTraTor - Douglas M. Anderson
2300 Virginia Avenue . Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428
FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us
web sire: www.co.sr-Iucie.fl.us
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BLAKE, TORRES & MILDNER, P.Aò
Altome\'s At Law
GLENN M. BLAKE, Esq.
JUAN F TORRES III, Esq.
ROY 1. MILDNER, Esq.
LEANNE 1. BEG ALLIE, Esq.
It was a pleasure meeting Wl h you and Ms
As I indicated in our meeting] eafood] Inc.] is willing to
proceed with any replacement of Seagrapes that the County deems
necessary. I would] however, request that the County delay the
replacement requirements until such time as the adjacent
construction of the culvert lli"1der AlA to the inlet has been
completed] since a dirt pile is currently in the location of the
area where the Seagrapes were removed.' Additiona;Lly, as we
discussed in our meeting] Chuck's Seafood, Inc. is seeking County
approval for extension of the lease area to allow for a Tiki Bar
and dock to the west of the existing property. It is my client]s
concern that the replacement of the Seagrapes in the exact original
location will be in an area that may be subject to construction for
the proposed expansion of the existing lease.
~~ \ (.~ "'} r LOUIS N. LARSEN, Esq.
,\ v '\ ~ OF COUNSEL
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'\\ (fì' /} .A' r
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June 24] 2004
Douglas M. Anderson
Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
Re: Seagrape Removal -
Seafood] Inc.
Dear Mr. Anderson:
I would suggest that the County delay the requirement to replace
the Seagrapes until such time as the site plan is approved by the
County. The actual location foy replacement of the Seagrapes could
be part of the site plan for the expansion of the lease. Please
let me know what your thoughts are and whether we need to
immediately proceed with replacement of Seagrapes regardless of the
proposed expansion of the lease.
Very truly yours]
Blake, Torres & Mildner, P.A.
À~~t~. ~
Glenn M. Blake
GMB/paf
.- - -- ----
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---<.
cc: Lewis Barton
Board of County Commissioners
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423 DELAWARE AVE· FT. PIERCE, FLORIDA 3-1950
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Attorneys At Law
GLENN M. BLAKE, Esq.
JUAN F TORRES III, Esq.
ROY T. MILDNER, Esq.
LEANNE L. BEGALLIE, Esq.
LOUIS N. LARSEN, Esq.
OF COUNSEL
BLAKE, TORRES & MILDNER, P.A.
September 22] 2004
u;
Ms. Heather Young
County Attorney]s Office
1302 Virginia Avenue
Fort Pierce] FL 34982
ì SEP 2 3 20U4
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--~.....~--.~
Re: Chuck]s Seafood, Inc.
Temporary Trailer
"'"""""'-"'" '''' ~
Dear Ms. Young:
In response to your request for the specifications concerning the
temporary trailer, I am providing the attached documentation.
Addi tionally] the location of the trailer is northeast of the
dining room that was destroyed. The duration for the use of the
trailer is dependant on the construction of the replacement dining
area] which is anticipated to be 8 to 12 months.
I hope the documentation that has been provided is sufficient. If
not, please contact me to make up the deficiency.
Sincerely]
Blake] Torres & Mildner, P.A.
~~,'~
Glenn M. Blake
GMB/paf
Enclosures
423 DELAWARE AVE. · FT. PIERCE, FLORIDA 34950
(772) 464-8008.800-793-8008 · FAX (772) 464-8233
www.floridalegal.com
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BOARD OF
COUNTY
COMMISSIONERS
COUNTY
ADMINISTRATOR
DOUGLAS M. ANDERSON
July 16,2004
Glenn M. Blake
Blake, Torres, & Mildner, P.A.
423 Deleware Ave.
Fort Pierce, FL. 34950
Dear Mr. Blake:
Thank you for your letter of July 13, 2004 concerning the replanting of Seagrapes, which were
removed rrom Chuck's Seafood Restaurant.
The replanting of Seagrapes is not acceptable and Chuck's Seafood, Inc. continues to be in
violation of the lease agreement with St. Lucie County. Aerial and file photography indicate that
the replantings are not of adequate size or are not in their appropriate locations. Attached are four
photographs taken on May 28, 2004 showing removal of Seagrapes and one photograph dated
July 14,2004 showing replanting.
It is unfortunate that Mr. Barton removed Seagrapes in violation of our lease agreement. It is
unfortunate that Mr. Barton attempted to obtain building pennits for modification to Chuck's
Seafood Restaurant without St. Lucie County knowledge or approval (See attached letter
dated June 4, 2004). It is also unfortunate that Mr. Barton elected to conduct a festival
(Piratefest) after being advised that this was not a pennitted use under our lease agreement (See
attached letter dated June 21, 2004).
Please let me know if you have any questions.
J '
ountyf1.tor
RLW/jc- 4-61
C: Board of County Commissioners
Douglas M. Anderson, County Administrator
Dan McIntyre, County Attorney
Peter Angelos
Lewis Barton
JOHN D. DRUHN. Disrricr NO.1. DOUG COWARD. Disrricr NO.2. PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTOn'SON. Disrricr No.4· CLIFF DARNES. Disrricr NO.5
Cou~ry Adminisrraror - Douglas M. Anderson
2300 Virginio Avenue . Forr Pierce, FL 34982-5652 · Phone (772) 462-1450 · TOD (772) 462-1428
FAX (772) 462-1648 · emoil: dougo@co.st-Iucie.fl.us
~.._h r-it'-._ \U\U"H/ rr'\ c.t_lllri.o fl lie:..
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....,
Attorneys At Law
GLENN M. BL\KE, Esq.
JUAN F TORRES ill, Esq.
ROY 1. JvIILD:'\'ER, Esq.
LEANNE L. BEGALUE, Esq.
LOUIS N. L\RSEK Esq.
OF COL"?\SEL
BLAKE, TORRES & MILDNER, P.A.,
July 13] 2004
Douglas M. Andersorr
Board of County Commissioners
2300 Virginia Avenue
Fort Pierce] FL 34982-5652
Re: Chuck]s Seafood] Inc. - Removal of Seagrapes
Dear Mr. Anderson:
I have been advised that the Seagrapes which were removed froIT. the
County's property that is currently leased by Chuck] s Seafood] Inc.
have been replaced. The landscape maintenance people for Chuck's
Seafood were instructed to replace the Seagrapes with the same size
and number that existed prior to the removal.
It is unfortunate that the County would not delay the replanting of
the Seagrapes until an overall site plan could be submitted which
would have addressed the issue. Please advise if there exists any
remaining issues concerning the replanting that has occurred.
Very truly yours]
Blake] Torres & Mildner] P.A.
À~ V\,,, - 'v~~
Glenn M. Blake
Giv1B/paf
cc: Lewis Barton
Board of Courrty Commissioners
Peter Angelos
. - - -- -_.-. ~
JUL I
423 DELAWARE AVE. . IT. PIERCE, FLORIDA 34950
'"17')\ M.~RnnR . Rnn_7q~8008 . FAX (772) 464-8233
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¡JOARD OF
COUNTY
COMMISSIONERS
COUNTY
ADMINISTRATOR
t:.S::-=~",::,...;~::::::-~....=.~;.....o::.__'::~.~.~;..;.::;;.':...o~..::;z;:E'l~
DOUGLAS M. ANDERSON
June 4, 2004
SENT VIA CERTIFIED l\L<\.IL
RETURN RECEIPT REQUESTED
Mr. Lewis Barton
2025 Surfside Trail
Vero Beach, Florida 32963
RE: Chuck's Seafood
Dear Mr. Barton:
Attached are copies of three Chuck's Seafood permit applications dated May
26, 2004 and May 28, 2004, signed by you, which were submitted to the City of
Fort Pierce. The Fort Pierce permits for a Temporary Office Trailer (TT4-9) and
for a Concrete Dining Patio and Tiki Bar (CR4-41) were rejected by the City
because you failed to obtain St. Lucie County (owner) approval.
You also signed a Fort Pierce Tree Removal Application as owner or authorized
agent of Chuck's Seafood on May 28, 2004. Based on your certification to the
City of Fort Pierce that you 'were the owner or authorized agent for the owner,
the City Clerk's office issued the permit and you removed vegetation, including
Seagrapes.
You are advised that you are not the owner or owner's -agent and have no
authority to sign permit applications as owner or authorized owner's agent for
this County-o\vned site. Furthermore, all Seagrapes and other vegetation,
which have been removed without County approval, must be replanted \vith
plants of equivalent size in the specific areas where they had been by thirty (30)
days from the date of your receipt of this letter. If you fail to replant the
vegetation by said date, County staff will recommend that the Board of County
Commissioners enact the termination clause of our lease contract.
)HN D. DRUHN, Disrricr No.1· DOUG CO....'A!'\D. Disrricr NO.2· PAULA A. lE-"'iS. Disrricr No. J . FRANNIE HUTCHINSON, Disrricr No_ ¿ . CUFF DAN;~, Disrricr No.5
Cow"''''' Aj,."i,~¡srrc·c· - Doug!o> M. Anderson
2300 Virginia Avenue · FOrT Pierce, FL 34982-5652 · Phone (772) 462-1450 · TOO (772) 462-1428
'-"
....,;
Page 2
June 4, 2004
Chuck's Seafood
Additionally, if you make any alterations to the County-owned site without
County approval, staff \'.rill recommend that the Board of County
Commisso ners enact the termination clause of our lease contract.
County Administrator
DMA/ab 04-77
c: Board of County Commissioners
Ray Wazny, Assistant County Administrator
Dan McIntyre, County Attorney
Dennis Murphy, Strategy & Special Projects Director
Dennis Grim, Code Compliance Manager
Dennis Beach, City Manager, City of Fort Pierce
Hector Franco, Acting Director, Building Dept., City of Fort Pierce
Roy T. Mildner, Esquire, Blake, Torres & Mildner, P.A.
Attachments
~
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~,
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-'
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'~"'&
REST A TEMENT OF LEASE AGREEMENT
THIS RESTATEMENT OF LEASE AGREE:\IENT made this 2, ^-.¿J.... day of
. r-
~
,1998, between the ST. LUCIE COl:~IY, a political subdivision of the Stare
of Florida, as Lessor and CHUCK'S SEAFOOD, I\c.: 2. Florida corporation, as Lessee;
\V I T N E SSE T H:
\-"HEREAS, on July 16, 1991, whereby the Less== entered into aLease Agreement with
the St. Lucie County Pon and Airport Authority, hereÌI1::.f¡=r referred to as the "Authority", for
certain property located at 822 Seaway Drive, Fort Pi=rce, Florida, hereinafter referred to as the
"Premises", for the .operation of a restaurant and su:h 0:2="" uses incidental thereto; and,
'WHEREAS, on June 15, 1992: the parties ell:=re-: i~w a First Amendment to the July 16,
1991 Lease Agreement to proivde that during the initi::.l Ie:l year term of the Lease Agreement th=
lessor may only terminate the Lease Agreement fo:- C?l.lS= or upon determination of a public
purpose; and,
\VHEREAS, on December 30, 1996, the At:rr;o:-ï:y conveyed all right, title and interest
in the Premises to St. Lucie County, subject to the teæs and conditions of the July 16, 1991
Lease Agreement, as amended; and,
\VHEREAS, the parties have agreed to further a=:e::d and restate the July 16, 1991 Lease
Agreement to address the matter of ad valorem taxes ar:d rùrther clarify the terms of the Lease
Agreement.
NO\-V, THEREFORE, in consideration of L.le r::~.!rual promises contained herein, the
parties agree to amend and restate the July 16, 1991 Lease Agreement as follows:
1
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fort Pierce Tree .Removal Application
Section 22-71
Owner / Appl ¡cant:
Address: ~
City:
Location of project:
Legal Description or Tax 10 #
Parcel Size: (acres / sq. ft.)
Date work is to begin: ~·f/()f Date work is to be completed:
Description of vegetation removal activity: (ç:' Co /I þv..- 7)..e ~ ~. S -ed' ~f'c-o-e-f
~ / I
c;¡f VC.
.J' cS'reo i1--
/1,.Y.f2- Phone: P ??ß- ß?[- ;? DO~
State: Pi Zip code: ç f'Pif
(i ¡, c:c/ ~
Fee: $25.00
Receipt #: \ \5~C\ft (~~Î:.S)
Q..~ ~'?-~\~~
~ --e t9- ¿,v e?.-
Cl' c~
y C~Jì1.t¿
. Commercial/Industrial
Public [ ]
CONTRACTOR INFORMATION:
State Certification #
Business Name:
Address:
City:
Qualifier's Name:
City Certification. #
State:
Phone:
Zip code:
I certify that I am the owner of the above described
property or authorized agent of the owner. I ce"J;~'
that afl information submitted with this applicatjo.1
~bestofmy ow/edge.
~ø~
Owner/ Applican'fSignature
I.D.:·~ 6~S 53;) Y-3 \t\~ 0
'-~~,'S. e..'S C:3?\
STATE OF FLORIDA
ST. LUCIE COUNTY
Approve~
I"';!''''''· 6Cf:'- "'"^. 0" .-...... ...- --'J .-. -..-
''''', ~·~::t~···'
........ ';:r"ö:I."
Denied [ ]
Permit #:
Conditions: ~
Inspector: j- WICLt1~
Site Inspection: . .
Date:
Date:
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CITY OF FORT F'7E BVILDING DEP ART1,llENT ROUTING ?ORlv.í
}Esto,;, 01 P¡,,,,,,,,¡ t/ En~~~;c~~ L,nds,"?, [ FPV-"-l ] (SEE 3~_CK PJ-.G3)
Dat~ S::~t l;;S \ f} I \ D ~
p em1Ìt #: c., '\~ ~-4- \,. ~.. ,\ ~ ~..: .
OV/Der Nam~C~~...c...\ë-> ~c\."~ci 0~Ç:....
. n ~,,\ ~"r'"\ "''CLÃ..-' ~.~ -
property Adaress: "_ 0- ':T / '" '-.!...>--LC :'Q
T}~~ ofpe:mit C0)"'l.Y)U..~":~L0.J) "J ~~:\0-ul.C)
Approy~d [J l',-pp::-ove¿ 2.5 Noted [ ': Rejeð:ted [" J N/A [ ]
Eisto:i.c:
lnii-.'jdu::.Ey D~sign?!~d [ J
Di5 tri::t [ j
Approved [
Comments:
J Rejected [ ] N/A [)Ç Holdfo: CO A [ ]
F~~vi~v/~::
R~vi~\v~r:
D2.te:
D¡:,te:
(
Zo:ring
l\lEJ.:ÏmUIrl Lot Cov:=2.g~:
?O.::ltYz:¡-¿ S::t::J,,:k
R:::.r Y z:¡-d S::f:;,,:~::
N"::w Lot COVð:::.g~:
E):isting Lot Cov::n:.g~:
?¡,opos~d L:Jt Cov=~ag~:
Sid~ Yard S~tba:ks:
Lot Siz~:
Cclcul8,tioIlS (p...oad)
Lan:' ¡)5~
:~= Pe: U~t
Im?ë.~Fe=
¡ i' Uci~
"<'
~-
=
"<'
# Sq. Ft
C,,1"'ulat;"=". ( ~~hO,,1 "f).A-, T.;"'~'"\· ".,;,.L1'" "Ri.-1C'o)
¡;:,J.OJ ~u 1.J-' u_; - -.....-: _...."..-. ~.. -- ... ~"-.::""
# Units
J.:
#= Sq. Ft
~
~-
T""""pa:ë Íe= ::rdits dèl:: to c:r:~.Ë= O:~5: 0: p:~...i::r".lsly ¿::::dishd o'..lildi:lgs:
Roaå Impa~t F::e:
S:::b.ool Impa::tF:::::
Pe.:-ks Impa::: F~=:
L1""b:a,.-y fu.pa::t F =::
Publi:: Bldg kpa::t Fe:::
F~::I EMS bpa::t F:::
Impa::tF:::: Credit:
TOTAL IMP Acr F .t:b:
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CITY OF FORT PIERCE BUILDING DPP ART1ŒNT ROUTn"'¡G FORM
sent by
E!!.gi..T1~~ri.11g [
L¡:r,:}.;;:;r.p:: [ ]
F?"0A [ ] (S~E B.Á_CJ.( P J..GE)
Eista:'i: [0 PiE1:1l1ing [£,.../]
~a:~ S::Zlt 5/;) £;' 10 y.
?e:mit #:--r-r Lt---.C\. \
O,Ynel"NEUIle~~~ S~~~ í'..
Prope:-ty Acl¿ress: ~ad. ~~ t>-JL
Typ:: ofPe~it~Î'ì'Jì -C~
Approy~d [J Apploved as Noted [ ] Rej e;cted' ]
·r,:/' Þ í ]
-, -.j,. l
F.Jsta::ic:
Individually D~signat~d [ ]
D:-'rl'~' r ]
~...... ~...
Approved [J Approved as Noted [ ] Rejected [ ] N/A ~J Hold fo: COA [ ]
Comments: J ¿ . L r ,
-:: 1 ~,j /-r~;u-J ;,/ -/'/",'1,,/ ~:.- ::;J.. ¡Jc.iP ~"fT
<]¡ I' .eo'"> ?,ý\^" - cO _ ¡y- p'JIv'\-; :hi",,..)! ("",,JVIIC!-,(Y1 ¡/)/V" - ~
~~\~~w~:: <¿- ____~' ~ ~ D~.' ~.,'~ ~/~ /
.r'l.~,,-¡~~,~:: -- - ~ ,----
ZoI1ÍD.g
M2.xi::::::rUDl Lot Ca",=:-Ú:;¡:
FOD.t y~¿ S~tba.::k
R~E:" -):'- E:d S~foa.:;1:
N~-..:,· Lo: Cov~¡-2.g;:
E):is'"~g La! Cov~r2.g::::
?ro..?::3~d L:>t COV~~ê.g::
Sii~ Ÿ·E:¿ S~tbE.:'ks:
Lot Siz~:
r."i~n1'·;:1~O rP O~,:¡)
~~'-'___"'~ \J...... --
L2.:l¿ Us::
Fe5 Per U~;t
- .-
~':";1?E.:: t e~
"# U:lits
x
"# Sq.?t
x
Cê.l::::1:::d:¡2S ( S::::'aa~ Pd::s, LïëJZ"ary. Public Bldgs)
"# U::i:s
x
.. S ~.
;: =l.r!
x
~-'?2.:;: Í::::: cr::å.i:S du:: to:) ch2.!lg~ or us::: 0:- p=evi::rtlsly demolished b-:lildizlgs:
Ro2.¿ TTT'lp:.=?t Fee:
Sch~ol Imp2.ct Fe::::
Pe.:-ks Imp2.ctFe::::
Lïb:~-Y Impact Fe=:
Public Bldg Imp2.ct Fee:
Fize! EMS Impact Fee:
lr:r!.pactFee Creclli:
TOTAL ThIPACT r~:
Property 10#
Owner Nama
Owner Address
Property Address=
Legal oescript:on=
~
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(I .f) L\ I I \
Permit # ~ t~ - î
CODE IN EFFECT
FBC 2001
Type 01 Permit / I~l ¡J~ ,1-<. HI -<....ì.>'
oescriPtiono~Work~ f:tJ f1 (' ¡1-<.W/
~
-:P ç; 0 (J ()
à///:í 'If ¡/(/ ,f)ð. /1
Valuation 5
P IJ-I/o
Phone~ (
PhOne; (
)_"_ Fax;( >_--
>_"_ Fax;( >~'-
Architect:
Engineer:
CONTRACTOR \NFOR),lATION:
License Numbòr:
C,:y Number Stata Numbar
ß c$V..:þJ5. AI,:{ C1fi I N Co N)Tru ( 7', 0 r.J .+ tv c...
Last
Company Narr.e
Or Name First
A::,esS -.? é) t3 o'K 5 r;; f $-
C;:y F l' ?í ~ r C. €..
p~o~a # ( ) ,3:.(:0 " (;;\,1 Cj :)
St.a
Fax# (
Init
.....>--z¡¡¡ '3 ~ crlJ- r
o::'ar#(~'~ f2 ~r~'
! U. fa". . '/", ~ /: .
., r. . .f,
¡¡J'" !;l¿¡r' ¡
i II,f ..,.? 6
-~~---._--. (,~.,,'I
j III ...
'!.". I';"
FL
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SUBCONTRACTORS: See SUbcontract:rVeiÎfica~c¡\shaet.lt must accompany this ap¡:>li:;ati:;n.
STRUCTURE:
Occupancy
Construct;on Type
Flood Zonò
Base Flood E:ov
Fin. FIJor E:ë';
FEES:
Plan Re'.jò"
Permit
Double Fòe
cal.
C.O.
'Totall~~a:t Fees
Radon
Othe, Feas
Total Faes D'~e
Num':>ei o~ S::::-:~s
NIJii",be:- c~ L!r-,;~
Square Ft Per:FL
-.
Square FL Cc:-.d::iQned Space
Total Squaro F:. (/jç;: y[')
\ understand that no twit::':-.;; ".?ï t;e cccupied until: a Certificate of Occupancy! A Ce
ilicate of Completion has t;¡¡¡¡:1 issu¡¡da~ar final inspect;cn by t.'1a building dapartmer
and lull com?!iance \';i~'1 :'-.a :,,¡!d;:-,; cece, city and state or6nanceS and other applio
able rules and regu!a:i;:::-.s. I am a:so lierHying that all sets of plans submitted are ide
~ .st' .l;9-
r'~
L~ I~(r;~)
Aema~ks
-See p:aï:.-,:::; de;>a~:me;1t ir.:;:a~t ~ea c.æ.::-":a~<î"1 :C;ï;1.
AppiCo;ad YiN
Revie',"ed cy:
Date re·l.ewed
Building O~icial
Date
e /P ~~
Signature of Applicant {W;/ (/7:>-Y; I " .
State o! Florida. CO:.!:1:: c: ~ . L j I r 1(:'. ~
Affirmed ~o a d subs;..-ced be~cre me thiSr/:,::::::(n . bý1a1
z~.Q::L. by ¡<.:e\.. \~ Y'\T t~h-
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Plans .-d Speci:;ca'ions cr s~-cct-.:ra :c ba b.:!: C~ repaired must acccrr.pany this .,ca~c:1.;Tñe 'Fior.aT ;:-"'. ~·~Ti- ~, ~f
~. . :....,..,...... OW" IC",r.:o'c!.' ~
code s-.:b",;tted becomes an intag:=] ¡:a:t cllI'-'s ¡:!a.' a.,d must pass linal inspection. ·/l:ot:ce: ~:~·;.IQ··add¡tio;;' ~1.;'¥~':'~:; CiI i ¡:;:-.JI ,
. ......~ l:....d:.'::::J::."'.:!:! :\."(;j ~
. _.' . __'':_'¡M~ .,,,licable to this property L"a: ma:{b~ fC!~nst Irni1e: '"',...;..."'....-... ~
..... .. - - - - _1
~
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Ol:ner Name
Owner Address
CITY OF FORT PIERCE, FLORIDA
BUILDING DEPARTi\JENT
APPLICATION FOR BUILDING PERMIT
(772) 460-2200 EXT. 261 OR 276 FAX (iï1) 467-9336
Permit # \-l Y - q
CODE IN EFFECT
FaG 2001
Properly Address
Legal Description
Date J; - "1... b ~ (J Y
Phone# ('71 Z) ·If (, I -q'i Ýr
Fax#(?72ì '-( G (- q ~8-'f
Number of Plans Submitted 2--
Type of Permit %,.,......
Description or Work
5 d· -e
cXt:( ~
I ===rlf1l tt ( (' l'.~ ç ('« (' .
Architect
Engineer:
CONTRACTOR INFORMATION:
?r.C,-.;; (
Pi'.c::;: (
J_-_ Fax#(
J_'_ Fax#(
>--
J_-,
License Number: City Number State NU:;.:e, C G C 0 'lS' 72. t.>
Company Name í2 r. sr ß A A (; A r~v ((M ~1 -;::l'/C-
Or Name First Init I «"
Address PO ßVX" ~Ç-( S' '
City F t ,q ~ ,... c.. 'è .
Phone # (772) 2.fuL. 6'1 qç
Occupancy
Construction Type
Flood Zone
Base Flood Elev
Nu,,-.:=, c' S:"r;;s
Zip '"3 If q l(R"
St.a F c...
Fax; O? 2.) Lf (,.> -7 f: If' ~
SUBCONTRACTORS: See Subcontractor Verification SheeLlt must accompany I~-s .;:;::-c.:ion.
STRUCTURE:
f\:!.::,,:,::e:- :~ Ui~:t
Fin. Floor Ele...
S:;u,,'" ;:~ Cor,é;~:ne }. 0
Tc:a: S:ua,; Fl . ''!¡..r:,:T)·";..~E:Fi
'-.~ ..,..1&./;-,
I ur.da:s:ar,d Iha: n: :u':r:; may t:e occupied unW: a Certiticã:~~P.. ~I A Cert-
Ui:.:ao: Corn;::a~:n ~a.; :a2,' is.;uad af:er final inspeclion by the bu~epart¡;,ær.t
a~d lu:! comp::a~:e ;'i~~ ~c: t:uë:::ng cce:, city and state ordinances and other a¡;p;;c-
a:ie n;:es and ra;_:,,~:c..s, I .:71 .:';0 varilying that all sets of plans submitted are idenU-
A2-~'- ~~-_.
Signature 01 Ap;::icæ~: ~)=-'D (L--- _.~
S'a'o O· :'o..;....~ "-.. .-.., 01 TÜ ....
.... 1..1,\";_.1".,..__..:; ~-
A!firmed to a~d S":s:~:ed ba~o'e me thi~~ day of
\\\\(\.10....\ ,2~,bY _ --'--------,..~~\,.""- ~~
~:~:~~ :tž~as ~ ._ J
~~e~ti:'êâ:Íon.....~_.;.1 ~11''''~
~~~~;:;~ .- ~. ;:
1: v:,:" -:..: .:"".,,;¡;¡
sl.g!:n:a·;:::'~'e':'o', F---.-· O....~.--~, euel
I.... ''''r9'-¡ .11..... ~ ~
S" ,-,_.'~ C·..--·.' ~I I., LJ"":'
,a,e o. ~,_,,_=. __...:.. ~ . \.- v- ......
A'C.·m·,;·· a-d S' -----0" --"ro ~e th"lz: --,.~ -'- ,
,¡" ""'_'''''' ....~_._......_ 1,;:.... .. 110'/ ~,.y 01
I . J ~
r--l'>. r .2°4- by . i.01-~ ~?~ '(~ VI y;ho is
pers_~a:;y k.~C'....~:':: ;:'JI,o ':: \'.~J has pr'd"c d ~,2,~ ~ .) ~) - LJ ? I =}l ~
a~ iè~,,,,·;J::.a·:-r. .......-_ - ,:......~~,.C&.
N:la~'~~r'"~-.~:J¡· -.
\ j!-':~":'-- '.. . n
._ _ . . .".. o!_:~., .;:. rJ\Í.)nE¡''JS~ï~~' -;
Pla.1S and speclII_atlons or structure to be bcill or repaIred must acccmp ny thIS,' a ,,:(2"~::' Th p.o[.,~a ne y ,',' ';":'1.':": ',,,, -:-. 'I·t
):O'.. ': -.,f 1:..0,;:=:'··..·· .. Ctl I ;";..~jl ~
ccde submitted becomes an integral part 01 this plan and must pass final inspec~c:¡. '~c:ce: 1:\ a1~~t12~.~.'~: ~:::';~.~/~'2,::">.._ /1
. ., dj' na! .. ,. '" t .... " - f d· -~~..=- ~. .
reculrements of thiS permit, there may be ad tio restr:c~cr1S app,:ca. e 0 ...is prcre~j :'~!.¡::ay..= our. mIMe - ~""-'.-..';;.,:,:-;. u_ .:~
S~;,,;:~a F~ ?=~¡¡::..
FEES:
Pian Review
Permit
Do~b'e Fee
cal.
C.O.
'Totellmpact Fees
Radon
O:her Fees
To~el Fees Due
'Sea planning d'apartment impact tee calculation form.
R=:~'\a.rks
/'
Approved YIN
Rev'ie'Ned by:
Da:e reviewed
Date
Building Olticial
~
I Raymond Wazny - Chuck's Seafood
From:
To:
Date:
Subject:
Charles Wenzel
Raymond Wazny
6/3/2004 3:28:00 PM
Chuck's Seafood
Address requested is
2025 Surfside Trail
Vero Beach, FL. 32963
..."
. Page 1 i
~
..",
óOARD OF
COUNTY
COMMISSIONERS
COUNTY
ADMINISTRATOR
D?UGLAS M. ANDEP.SOÌ\
June 21,2004
Gladys C. La Forge
Chuck's Seafood Restaurant
822 Seaway Drive
Fort Pierce, FL. 34949
Dear Ms. La Forge:
Thank you for your letter ofJune 17,2004 concerning Chuck's Seafood, Inc.
The request to use County owned property at Chuck's Seafood for t,1e purpose of conducting an outdoor
festiyal is denied for the following reasons:
1. Outdoor festivals such as those currently advertised as Pirate's Fest, are not consistent with
the lease agreement for our restaurant facility. - ~_=~_-_-__-o__-~~~~~~-, -,-~=-=~---=~-~,---'-
2. Inadequate parking exists for an outdoor f~stival at Chuck's Seafood Restaurant and there is a
potential for holiday traffic control proj~ems on the causeway.
If you wish to appeal the decision to deny the use of Chuck's Seafood Restaurant for a festival, please let
me know and we will schedule this matter to be heard by the Board ofCountyComrnissioners.- ------
- -------._-
Sincerely,
¿ ¿;)«
Ra~'~~
Aí,rt¿oun A
RLWVC-04-56
C: Board of County Conunissioners
Douglas M. Anderson, County Administrator
Dan McIntyre, County Attorney
Dennis Beach, City of Fort Pierce Manager
Sheriff Ken Mascara
Police Chief Eugene Savage, City of Fort Pierce
Pete Keogh, Parks & Recreation Director
Randy Stevenson, Interim Growth Management Director
Glenn Blake, Esq.
Erich Gill, Media Coordinator for Tourism 2.I:d Economic Development
__ u ___....__
-" _. -- ---------- -..-
JOHN D. Oi\UHN. Disrricr No.1. DOUG COWARD. Disrricr No.2· PAULA A. lEWIS. ¡;~cr No. J . FAA.'<l'ilE HUiCHINSON. Disrricr No.4. CUFF DAMES. Disrricr No.5
Coun;y Adminis;roror . (;'-::\:glos M. Andersen
-""--". . .
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JUL 1
CHUCKS SEAFOOD (SOUTH BEACH)
RUSSELL ZERVOS INSPECTOR
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ENERGY EFFICIENCY CODE FOR BUILDING CONSTRUCTION
Florida Department of Community AtTairs
EnergyGauge FlaCom v1.22 FORM 400A-2001
Whole Buildin2 Performance Method for Commercial Buildin2s
J
.
Jurisdiction: PALM BEACH COUNTY, PALM BEACH COUNTY, FL (601000)
Short Desc: WILLIAMS SCOTSMA Project: JLB-2004-0035
Owner: WILLIAMS SCOTSMAN
Address: ---
City: West Palm Beach
State: FL·
Zip: 0
Type: Office (Business)
Class: New Finished building
PermitNo: 0--
Storeys: 1
(}rossllrea: 1257
Net Area: 1257
Max Tonnage: 3 (if different, write in)
Compliance Summary
Component
Gross Energy Use
Other Envelope Requirements - A
Design
65.20
Criteria llesult
100.00 PASSES
PASSES
LIGHTING CONTROLS
EXTERNAL LIGHTING
HVAC SYSTEM
PLANT
WATER HEATING SYSTEMS
PIPING SYSTEMS
Met all required compliance from Check List?
PASSES
PASSES
PASSES
PASSES
PASSES
PASSES
Y eslN olNA
IMPORTANT NOTE: An inpllt report Print-Out from EnergyGauge FlaCom of
tllis design blli/ding must be submitted along witll tltis Compliance Report
3/3/2004
EnergyGauge FlaCom FLCCSB vI.ll
COMPLIANW CERTIFICATION~
/ '
I hereby certify that the plans and
specifications covered by this cak~Jlation
are in compliance with the Florida Energy
Efficiency Code.
DATE:
PREPARED BY
I hereby certify that this building is in compliance
with the Florida Energy Efficiency Code.
OWNER AGENT'
DATE:
....,¡
Review of the plans and specifications covered by this
calculation indicates compliance with the Florida Energy
Code. Before construction is completed, this building will be
inspected for complìànce in accordance with Section
553.908, F.S.
UILDING OFFICIAL:
DATE:
If required by Florida law, I hereby certify (*) that the system design is in
compliance with the Florida Energy Code.
-~ T: 'ENt.a'ÑŒdJ
ELECTRICAL SYSTEM DESIGNER
LIGHTING SYSTEM DESIGNER:
MECHANICAL SYSTEM DESIGNER:
PLUMBING SYSTEM DESIGNER:
W'WA+\ J. "'" '~I ~é.
RE GIS TRA TION
No.
",,"S01.c¿) '2.
(*) Signature is required where Florida Law requires design to be performed by registered design professionals.
Typed names and registration numbers may be used where all relevant information is contained on signed/sealed
plans.
3/3/2004
EnergyGauge FlaCom FLCCSB vI.22
2
\..- \will
Project: WILLIAMS SCOTSMAN
Title: JLB-2004-0035
Type: Office (Business)
Location: PALM BEACH COUNTY, PALM BEACH COUNTY, FL (601000)
{WEA File: Mia
Whole BuiJding Compliance
Design Reference
Total 65.20 100,(JO
------------------------------------,--_._---,----~-----------------~------~-----~._--------~-------------------.-----------
ELECTRICITY 65.20 100.00
AREA LIGHTS 13.77 16.57
~ -----~~-~-
MiSe EQUIPMT 5.37 5.37
---------------.------.-----..- ------------------------------ ________________u__._____ --- __ ________+____..____.... _.__,._.u___._______________ ------------------------------------ ------------------
SPACE COOL 23.15 39.49
-~ -- --- --~ -- ~-- ---- - -- -----_._--~--------_.__.__._._--- --'---~-_._-_._------~---------------
SPACE HEAT 0.23 2.19
VENT FANS 22.69 36.38
----_._..~------_._-
Credits & Penalties (if any): Modified Points: = 65.21 I PASSES I
Project: WILLIAMS SCOTSMAN
Title: JLB-2004-0035
Type: Office (Business)
Location: PALM BEACH COUNTY, PALM BEACH COUNTY, FL (601000)
{WEA File; Mia
Other Envelope Requirements
Item Zone Descril)tion Desi~ Limit Meet Req.
ROOF JLB-2004-003 Exterior Roof - Max Do Limit 0.05 0.09 Yes
Meets Other Envelope Requirements
3/3/2004
EnergyGauge FlaCom FLCCSB vl.22
3
~
'--' ....,¡
Project: WILLIAMS SCOTSMAN
Title: JLB-2004-0035
Type: Office (Business)
Location: PALM BEACH COUNTY, PALM BEACH
COUNTY, FL (601000)
(WEA File: Mia
External Lighting Compliance
Description Category Allowance Area or Length ELPA CLP
(W/Unit) or No. of Units (W) (W)
(Sqft or ft)
Ext Light I Exit (with or without Canopy) 25.00 24.0 600 120
Ext Light 2 Entrance (without Canopy) 30.00 12.0 360 60
Design: 180 (W) I PASSES I
Allowance: 960 (W)
Project: WILLIAMS SCOTSMAN
Title: JLB-2004-0035
Type: Office (Business)
Location: PALM BEACH COUNTY, PALM BEACH COUNTY, FL (601000)
(WEA File: Mia
Lighting Controls Compliance
Acron)'m Ashrae Descriotion Area No. of Design Min Compli-
ID (sq.ft) Tasks CP CP ance
Office( 1) 32 Offices {1>artitions<3.5 ft below 132 I 6 6 PASSES
ceiling) Open plan offices 900 ft
or larger with partitions higher
Office(2) 32 Offices (Partitions<3.5 ft below 548 I 2 2 PASSES
ceiling) Open plan offices 900 ft
or larger with partitions higher
Office(3) 32 Offices (partitions<3.5 ft below 105 I 2 2 PASSES
ceiling) Open plan offices 900 ft
or larger with partitions higher
Corridor 2 Corridor 125 I 2 2 PASSES
Restroom 13 Toilet and Washroom 42 1 4 4 PASSES
, PASSES ,
3/3/2004
EnergyGauge FlaCom FLCCSB v1.22
4
"'-..... ~
Project: WILLIAMS SCOTSMAN
Title: JLB-2004-o035
Type: Office (Business)
Location: PALM BEACH COUNTY, PALM BEACH COUNTY, FL (601000)
(WEA File: Mia
System Report Compliance
JLB-2004-0 System 1 Packaged Terminal Systems No. of Units
035 2
Component Cate~ory Capacity Design Eff Design IPLV Comp-
EtT Clitel"Ìa IPLV Critelia liance
Cooling System PTAC > 15000 Btu/h 10.00 7.60 PASSES
(Cooling Mode)
Heating System Electric Furnace 1.00 1.00 PASSES
Air Handling Air Handler (Supply) - 0.50 0.80 PASSES
System -Supply Constant Volume
Air Distribution ADS System 6.00 6.00 PASSES
System
J PASSES I
Plant Compliance
Description Installed Size Design Min Design Min CategoQ' Comp
No Eff Eff IPLV IPLV liance
I None
Water Heater Compliance
Description Type Category Design Min Design Max Comp
Eff Err Loss Loss liance
I None I
31312004
Energ,vGauge FlaCom FLCCSB v1.22
5
Category
Project: WILLIAMS SCOTSMAN
Title: JLB-2004-0035
Type: Office (Business)
Location: PALM BEACH COUN
Category Section
Infiltration 406.1
System 407.1
Ventilation 409.1
ADS 410.1
T&B 4lO.l
Electrical 413.1
Motors 414.1
Lighting 415.1
O&M 102.1
Roof/Ceil 404.1
Report 101
3/3/2004
Piping System Compliance
Pipe Dia Is Operating Ins Cond Ins Req Ins Complianc~
[inchesJ Runout? Temp [Btu-in/hr Thick [inJ Thick [in]
[F) .SF.F)
None
Other Required Compliance
Requirement (write N/A in box if not applicable)
Infiltration Criteria have been met
HV AC Load sizing has been perfonned
Ventilation criteria have been met
Duct sizing and Design have been performed
Testing and Balancing will be perfonned
Metering criteria have been met
Motor efficiency criteria have been met
Lighting criteria have been met
Operation/maintenance manual will be provided to mvner
R -19 for Roof Deck with supply plenums beneath it
Input Report Print -Out from EnergyGauge FlaCom attached?
Ener2.vGau2e FlaCom FLCCSB vI.22
Check
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From the Desk of
John Alcorn, C.B.O.
Director of Building & Community Response
City of Fort Pierce
100 North U.S. 1
Post Office Box 1480
Fort Pierce, Florida 34954
T: 772-460-2220, Ext 216
F: 772-489-0872
Joh nAlcorn@citv-ftpierce.com
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DATE:
September 29, 2004
TO:
Lewis Barton c/o Chuck's Seafood Restaurant
RE:
Temporary portable units for dining (assembly) use
The following are the requirements for approval of temporary portable units to be used for dining
purposes:
· Obtain approval from the property owner (St Lucie County) for the use desired.
· Submit the following (four sets) documents to the City's Building Department:
o Site plan, with dimensions to scale, showing proposed location of temporary
portable units.
o Stamped and sealed drawings from the unit manufacturer including the Florida seal
numbers, type of construction, ratings indicating that it is designed for assembly use
including exit and battery backup lighting, panic bars, toilet facilities, etc.
o Stamped and sealed drawings showing the tie down methods and handicapped
assembly provisions that will be met, per code.
o Name and information of (Fort Pierce) licensed contractor that will be doing the
work.
· Approval from the City's Planning Department for the temporary units (the Building
Department will forward your documents to the Planning Department)"
· Building Department inspections and approval of the tie-downs, utility connections (water,
sewer, electric & gas), handicapped access and other code related items.
· Approval from the St Lucie County Fire Department after they inspect the interior.
· Issuance of a temporary Certificate of Occupancy &om the City of Fort Pierce Building
Department. (All building permit fees will be waived.)
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Property Appraiser "t.Lucie County, FL
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Page 1 of 1
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PROPERTY RECORD CARD
St Lucie County Record: 1 of 1
Property Identification
«Prev
Next »
Spec.Assmnt
Taxes
Exemptions Permits Map
Site Address:
SecfTown/Range:
Map 10:
Zoning:
822 SEAWAY DR
02:35S:40E
24/02N
OS-1 - FP
ParcellD:
Account #:
Land Use:
Cìty/Cnty:
2402-133-0002-000-3
15781
REST CAF
FORT PIERCE
Ownership and Mailing
Owner:
Address:
St Lucie County
2300 Virginia Ave
Fort Pierce FL 34982-5632
Legal Description
23540 FROM REF PT AT E END OF S BRIDGE RUN N 64 DEG 48 MIN
EON C/L SEAWAY DR 2740 FT, TH NLY AT R
More...
Sales Information
Date Price Code
12/30/1996 0 01
Deed
WD
Assessment TRIM
Book/Page 2004 Val: 438700
1053 / 0766 Assessed: 438700
Ag.Credit: 0
Exempt: 438700
Taxable: 0
TotalTax: 0
Total Land and Building
Land Value: 363000 Acres: 0.51
Building Value: 75700
Finished Area: 4990 SqFt
BUILDING INFORMATION
BleI)
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Exterior Features
View: Roof Cover: RC . Roll Comp RoofStruct: FS - Flat/Shed
ExtType: REST-RESTAURANT YearBIt: 1947 Frame:
Grade: D-D EffYrBIt: 1960 PrimeWall: BP - Cone Block
StoryHght: 0010 - 1 Story NO.Units: SecWall:
Interior Features
BedRooms: 0 Electric: AV - AVERAGE PrmlntWall: DW - Drywall
FullBath: HeatType: FHA· FrcdHotAir AvgHt/FI: STD
1/2Bath: HeatFuel: ELEC - Electric Prm.Flors: CG - CONC GRD
%AJC: 100 %Heated: 100 %Sprìnkled: 0
Special Features and Yard Items Land Information
Type Y/S Qty. Units Qual. Condo YrBIt. No. Land Use Type Measure Depth
CNC2 - CONCRETE LOW Y 1 2000 AV AV 1930 1 21 OO-REST CAF 350 -Sq Feet 22000
FNW4 - WOOD FEN 4' Y 83 AV AV 1947
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED.
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED
http://www . pas1c .org/PRC .asp ?prclid=240213 300020003
10/6/2004
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AGENDA REQUEST
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ITEM: # 10
DATE:
Oct. 12, 2004
REVISED
REGULAR [ X ]
PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: Carl Holeva
H. R. Director
SUBMITTED BY (DEPT): Human Resources
SUBJECT Retiree Health Benefit Plan Incentive
BACKGROUND: N/A
FUNDS AVAIL: Various Funds
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends approval of the Retiree Health Benefit Plan Incentive
retroactive to October 1, 2004
COMMISSION ACTION: NCE:
~ APPROVED [] DENIED
n OTHER:
Approve 5-0
Do 91as M. Anderson
County Administrator
Review and Acprovals
County Attorney:
Management & Budget:
Purchasing:
Originating Dept. Human Resources
Other:
Other:
Finance: (Check for Copy only, if applicable)_
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Retiree Health Benefit Plan Incentive
The St. Lu-.:ie Coullty Board of County Commissioners (BOCC) re-.:ognizes that due to the ever
increasing cost of health care coverage, employees who often reach retirement age elect to
continue to remain employed in order to afford health care coverage for themselves and or
dependents. As an in-.:entive for those employees to elect to retire who are eligible, but remain
with the BOCC for health care coverage, staff recommends to the Board the following for
approval:
St. Lucie County ROCC will pay the monthly single (employee) only premium for the plan
option in forœ at the time of retirement. for any full time BOCC employee who retires from
employment with the County effective October I, 2004, or after. In addition the BOCC will
contribute $100.00 per month extra towards the cost of eligible dependent coverage who is
-.:overed under the County's plan at the time the employee retires. The retired employee would be
responsible for paying the difference. Coverage becomes effective the tirst of the month after
retirement. If approved by the Board coverage becomes effective October I, 2004, for non-
bargaining employees and for those employees covered under the Collective Bargaining
agreement with Teamsters Local Union No. 769 coverage will become effective on the date
ratified by its membership.
Eligibility Requirements:
I. Be an active fulltime BOCC employee with at least ten (10) years of continuous service,
and be covered under our health plan at the time of retirement.
ì Have either thiliy (30) years of servke under the Florida Retirement System (FRS), ten
(10) of which must have been continuous with the BOCC, and retire at any age or be
vested under FRS and have reached normal retirement age. Currently 62 years old, with
ten ( 10) years of continuous service with BOCC.
3. Monthly wntributions will be paid by ROCC and continue until a retiree becomes
Medi-.:are/Medicaid eligible. At that time the County will continue to contribute $100.00
per month towards dependent Cobra coverage until dependent becomes eligible for
Health Insurance coverage under another Employers Group Health Plan or becomes
Medicare/Medicaid eligible.
Eligihility Disqualitiers:
I. Retiree becomes eligible for Medicare/Medicaid.
ì Retiree is employed by any public or private sector employer and becomes eligible for
Health Insurance coverage through their employer.
3. Retiree's dependent contribution ends whenever the dependent becomes eligible for
Health Insurance coverage through a public or private employer.
4. Dependent contribution will continue upon the death of the retiree until such time as the
dependent either becomes eligible for coverage under another Health Care Plan through
their employer. or becomes Medicare/Medicaid eligible.
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Page 2. Retiree Health Benefit Plan Incentive
5. The BOCC suspends Health Benefit Plan coverage for all active and retired employees.
6. The BOCC has the ability at their discretion to suspend or end the Retiree Health Benefit
Plan Incentive program at any time.
Costs vs. Savings:
Effcctive 10/ I /04 the cost of employee on Iy for Option I of our current Health Plan is
$565.65/l11onth. Option 2 & 3 is $543.40/lllonth. Dependent contribution is $IOO.OO/l11onth
regardless of option taken.
Option I = $565.65 x 12 = $6,787.00/ year per retiree
Option I with dependent = $565.65 + $100 x 12 = $7,987.00/year per retiree with dependent
Option 2 & 3 = $543.40 x 12 = $6,520/year per retiree
Option 2&3 with dependent = $543.40 + $100.00 x 12
dependent
$7,nO.00/year per retiree with
Currently there are thirty (30) full til11e BOCC employees who have reached age 62, current
retirement age. and are vested in the Florida Retirement System
The maximum cost to provide coverage under this plan is approximately $239,610.00
This cost assumption is based on every retiree being given a dependent contribution by the
County. If the retiree has no dependent than there is a potential to save an additional
$1.200.00/year per dependent from the tigure above.
I fall 30 retired at age 62 the approximate total cost savings would be $240,197.36 per year or
result in a break even situation for the County. This tìgure is based on the cost savings incurred if
each replacement for a retiree was hired at the minimum of the pay scale for the position being
ti lied.
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INTER-OFFICE MEMORANDUM
TO: Carl Holeva, Human Resources Director
FROM: Heather Young, Assistant County Attorney
DATE: October 8, 2004
C.A. NO.: 04-1379
SUBJECT: Retiree Health Benefit Plan Incentive
Pursuant to your request, I have reviewed the proposed Retiree Health Benefit Plan
Incentive. Based upon my reading of the relevant caselaw, I concur with the findings of EMI
that the proposed program meets the requirements of both the Age Discrimination in
Employment Act (ADEA) and the Older Workers Benefits Protection Act (OWPBA). As I
understand the plan, it is entirely voluntary and offers the same benefit to eligible retirees
regardless of age. Accordingly, it qualifies for inclusion under the safe harbor provision of the
ADEA. Although a retiree becomes ineligible for continued participation at the time he becomes
eligible for Medicare or Medicaid and such eligibility is tied to age, the federal regulations
expressly permit such a distinction involving age based benefits provided by the federal
government. See 29 C.F.R. Section 1625.10(e).
As we have discussed, any changes to the employee benefit plan which will impact
members of the bargaining unit are a matter of negotiations with the union. Accordingly, the
plan may not be amended for bargaining unit members pending agreement by the union on the
proposed changes.
If you have any questions, please don't hesitate to contact me.
HYI
Copies to:
County Administrator
Employee and Labor Relations Manager
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Employers Mutual, Inc.
St. Lucie BOCC
Attn: Carl Holeva
2300 Virginia Avenue
Ft. Pierce, FL 34982
October 6,2004
We have conducted a review of various laws affecting employee benefit plans, as relates
to an early retirement incentive program, involving the continuance of benefits until age
65. We are providing you with a summary of our findings, but are recommending that
you obtain a legal opinion as to the direction the County wishes to take. Unfortunately,
the ADEA is of utmost concern, as it prohibits the tennination of benefits based on age,
even though Medicare entitlement would be afforded at age 65.
Early Retirement Incentive Programs may be able to escape the ADEA nondiscrimination
requirements, if in fact, the employer is motivated by a factor other than age, which
seems to be the case.
The current regulations under Code Section 105 treat self-insured medical plans as
discriminatory if the plan has a maximum benefit limit (attributable to employer
contributions), unless the portion of the maximum benefit attributable to employer
contributions is unifonn for all participants and dependents and is not modified by reason
of the participant's age or years of service. [Treas Reg I.I05-II(c) (3) (i)] That means
that if a self-insured retiree medical plan provides different levels of benefits based on
years of service, a Section I05(h) nondiscrimination issue exists.
For example, employer contributions or the level of benefits provided, may be structured
to differentiate between retirees who are eligible for Medicare and those who are not.
However, in a precedent-setting opinion, the Third Circuit Court of Appeals has held that
a benefits package for retirees that discriminates on the basis of age will violate the Age
Discrimination in Employment Act (ADEA).
The OWPBA (Older Workers Benefits Protection Act) amended the ADEA as follows:
1. Age discrimination in employee benefits and employee benefit plans is prohibited;
2. The employer is required to bear the burden of proof in order to justify a reduction in
benefits for older employees on a cost-equivalency basis;
3. The "subterfuge" wording in the law has been eliminated, and the ADEA applies to
an employee benefit plan regardless of whether it, or any of its discriminatory
provisions, predated the enactment of the ADEA; and
LEE COUNTY
2055 Central Avenue
Ft. Myers. Florida 3390 I
239.337.8133 . Fax: 239.337.8666
Visit us at www.emi-tpa.com
JACKSONVILLE
1000 Riverside Avenue. Suite 400
Jacksonville, Florida 32204
800.697.2235 . Fax: 904.598.5288
Visit us at www.emitpa.com
STUART
700 Central Parkway
Stuart, Florida 34994 . 772.287.7650
800.431.2221 . Fax: 772.287.1387
Visit us at www.emi-tpa.com
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4. The circumstances under which employees can waive their rights under the ADEA
are expressly restricted.
However, a U.S. Court of Appeals has held that there was no ADEA violation where a
pension plan provided greater benefits for early retirees than it did for nonnal retirees.
The plan provided that employees who had 20 years of service or who were age 60 with
five years of service could retire early and receive the same benefits as employees who
retired at nonnal retirement age. The court ruled that an ADEA violation does not occur
if the employer is motivated by a factor other than age. In this case, the motivation was to
reduce the employer's costs. Thus the factor causing the disparate treatment was not age,
but cost.
It appears that an employer can reduce severance pay by the value of retiree medical
benefits would be pennitted by the ADEA. The OWBP A requires that the value of retiree
health benefits that can be used to reduce severance pay and that is payable as a result of
a contingent event unrelated to age meets minimum, specified standards. If an employer
does make such a reduction, that minimum statutory level of retiree medical benefits
must continue to be made available, or the employer will be subject to an action for
specific perfonnance by any "aggrieved individual" for failing to fulfill its obligation to
provide retiree medical benefits.
We hope that the above will be helpful in making your decision, but again, we encourage
that you pursue a legal opinion prior to implementing a plan.
Sincerely,
~~
Vice President
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AGENDA REQUEST
ITEM NO. 11
DATE: October 12, 2004
REGULAR [ X ]
PUBLIC HEARING [ ]
CONSENT [ ]
SUBMITTED BY(DEPT): County Administration
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: St. Lucie County Sports Complex
Facilities Use Agreement - Exhibits
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION
CONCLUSION:
Staff recommends that the Board approve the exhibits.
COMMISSION ACTION:
Item pulled for more
information.
[_J APPR.OVED [ ] DENIED
[Xj OTHER:
Review and Approvals
[X] Couoty Attomey, ~~ []Management & Budget
[ ] Information Tech.: [ 1 Public Works Director
]Finance:(check for copy only, if applicable)
[ ] Administration
[ ]Purchasing:
[ ] Solid Waste Mgr
Effe::tive S/96
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INTER-OFFICE MEMORANDUM
COUNTY ATTORNEY'S OFFICE
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Douglas M. Anderson] County Administrator
C.A. NO: 04-716
DATE: October 6, 2004
SUBJECT: St. Lucie County Sports Complex (Tradition Field) Facilities Use
Agreement - Exhibits
BACKGROUND:
On August 1, 2003, the County and Sterling Facilities Services (SFS) entered
into a Facilities Use Agreement (FUA) that provided for the renovation of the Sports
Complex, as well as for the operation and maintenance of the renovated Complex.
Attached to this memorandum is a copy of a proposed Table of Exhibits to the FUA.
Most of the exhibits pertain to the renovation construction, which has been completed.
Exhibit "Al1, as drafted, contains provisions relating to Concession/Signage Rights at
the County's Football/Soccer stadium, which is located south of the Sports Complex
(Tradition Field) property. The Agreement requires the County to:
1. provide SFS with adequate notice in the event the County advertises for
proposals or bids for Concession/Signage Rights at the Football/Soccer
stadium; or
2. provide SFS with a right of first negotiation and refusal with respect to
any concession/signage rights that are not the subject of a public
competitive bidding/proposal process.
Since the County]s purchasing regulations require the County to advertise for
bids/proposals (in the absence of an emergency, sole source, etc.)] it is very unlikely
that the County will have to do anymore than provide notice to SFS when the County
determines to request bids/proposals for concession/signage rights at the
Football/Soccer stadium.
The exhibit also provides that the County may not hold an event at the
Football/Soccer stadium:
1. during New York Mets spring training home games; or
2. on the date of any SFS event at the Sports Complex scheduled in
accordance with an SFS new event notice; or
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3. when an event at the Football/Soccer stadium is reasonably expected to
attract attendance of 2000 or more persons] unless, in each instance, the
County provides written notice to SFS at least 10 days prior to the event
and SFS does not reasonably object to the event.
RECOM M EN DATION I CONCLUSION:
Staff recommends that the Board approve the exhibits.
DSM/cb
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
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ST. LUCIE SPORTS COMPLEX
FACILITIES USE AGREEMENT
TABLE OF EXHIBITS
Description of Real Property on Which Sports Complex Resides
Site Plan
List of Initial Tenn Improvements
Final Plans and Specifications
Initial Tenn Improvement Schedule
Architect's Contract Requirements
Contractor's Contract Requirements
Owner's Contractor Protective Insurance Requirements (if applicable)
SFS General Construction Liability Insurance (if applicable)
Bond Amortization Schedule
TABLE OF EXHIBITS ACKNOWLEDGED AND APPROVED:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
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EXHIBIT A
DESCRIPTION OF
REAL PROPERTY ON WHICH SPORTS COMPLEX RESIDES
LEGAL DESCRIPTION OF STADIUM P ARCELPROVIDED BY COUNTY
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 31"40'04", and chord bearing of South
15°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 of547.17 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 Sòuth 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 of3858.28 feet and Central angle of 1 T44'58" 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 of2360.04 feet to the point
of beginning. Containing 100.00 acres.
Notwithstanding that the football/soccer field at the Sports Complex, as
referenced in the body of the St. Lucie Sports Complex Facilities Use Agreement
between SFS and the County, dated as of August 1, 2003 (the "Agreement") to which this
Exhibit A is attached (and as further described below under the defined term
"Football/Soccer Field") is not included within the legal description of the "Land"
provided by the County as set forth above, as further consideration of the mutual
covenants and promises contained in the Agreement:
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1. County shall not enter into any agreement granting a competitor
("Competitor") of SFS, the Club, or any entity that has an advertising or naming rights
agreement with SFS or the Club at any facility (a "Mets Sponsor") the right to (a)
operate, supply, sell, or distribute concessions at the FootbalVSoccer Field (referred to
herein as the "Concession Rights"), or (b) advertise or display any signage at the
Football/Soccer Field (referred to herein as the "Signage Rights," with the term
"Concession/Signage Rights" as used herein referring to the Concession Rights and/or
afl:à-the Signage Rights collectively refcrred to herein as the "Concession/Signagc
Rights"), unless the County first provides SFS, the Club, or such Mets Sponsor,
respectively, with the right of first negotiation and right of first refusal with respect to
such Concession/Signage Rightsoption to enter into such agreement with the County on
the same terms and conditions otIered by County to the Competitor or by the Competitor
to County, as follows:
A. Right of First Negotiation. Before negotIatmg with any
Competitor with respect to any Concession/SigIlage Rights that are not solely the
subiect of a public competitive bidding/proposal process conducted by the County
as required by applicable law (advance written notice of which is actually
received by SFS and the Club pursuant to the notice provisions of the
Agreement), County shall afford SFS, the Club and any Mets Sponsor that is a
cornpetitor of the Competitor a right of first negotiation with respect to such
rights, and shall negotiate in good faith with respect to the granting of such rights
to SFS, the Club or the Mets Sponsor. Thereafter, the Countv shall not enter into
anv agreement granting Concession/Signage Rights to a Competitor except as
permitted by the first three sentences of Paragraph 1(8) below.
B. Right of First Refusal. Before entering into any agreement with
respect to Concession/Signage Rights, County shall provide SFS with the name
and line(s) of business of the proposed grantee of such rights, and the terms and
conditions of the proposed agreement. If SFS informs County, within five (5)
business days, that the proposed grantee is a Competitor of SFS, the Club, or a
Mets Sponsor, then County shall offer the Concession/Signage Rights at issue to
SFS, the Club, or such Mets Sponsor on the previously-identified terms and
conditions. If SFS, the Club, or the Mets Sponsor does not accept the offer within
ten (10) business days after its receipt thereof, County may thereafter enter into an
agreement with the Competitor for the Concession/Signage Rights at issue,
provided that County shall not enter into any such agreement on terms and
conditions more favorable to Competitorthe grantee or less favorable to the
County than those last offered to SFS, the Club, or the Mets Sponsor, without
again giving SFS, the Club, or the Mets Sponsor a ten (10) business day right of
first refusal (i.e., the right to enter into an agreement with County for the
Concession/Signage Rights at issue on the new set of terms and conditions)
concerning the same. Notwithstanding the foregoing provisions of this Paragraph
.l..(J2}, provided that SFS and the Club are given a full and fair opportunity (which
shall include, without limitation, the actual receipt bv SFS and the Club of
advance written notice of such opportunity pursuant to the notice provisions of the
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Agreement) to submit bids or proposals to acquire particular Concession/Signage
Rights as part of a public competitive bidding/proposal process conducted by the
County as required by in accordance with applicable law and County desires to
grant such Concession/Signage Rights to a Competitor of SFS or the Club who
submitted a bid/proposal containing terms and conditions more favorable to the
County than those contained in any bid/proposal submitted by SFS or the Club
(and who is not a Competitor of a Mets Sponsor), then County shall not be
obligated to afford SFS or the Club a right of first refusal with respect to such
Concession/Signage Rights as described above in the first three sentences of this
Paragraph 1@.2 if such Concession/Signage Rights are thereafter granted to the
Competitor of SFS or the Club on the more favorable terms and conditions
contained in the Competitor's preferred bid/proposal (it being understood by
County that the foregoing relief from the provisions of the first three sentences of
this Paragraph 1@.2 in one instance shall not apply to subsequent offers or
agreements to grant the particular Concession/Signage Rights at issue, or to offers
or agreements to grant any other Concession/Signage Rights). For the purpose of
claritv, the provisions of the preceding sentence relieving the County of its
obligations under the first three sentences of this Paragraph 1 (B) shall not applv to
any grant of Concession/Signage Rights that is not the result of a public
competitive bidding/proposal process conducted by the County as required bv .
applicable law, and shall not apply to any grant of Concession/Signage Rights if
the grantee of such rights is a Competitor of a Mets Sponsor (unless the Countv
demonstrates that the Mets Sponsor actuallv received advance written notice of
the County's public request for bids or proposals).
Nothing set forth in this Exhibit A shall be deemed to contradict or limit any of the terms
and conditions set forth in Section 7(C) of the Agreement with respect to the right of SFS
to approve any agreement with respect to the Football/Soccer Naming Rights.
2. In the event that County holds any event at the Football/Soccer Field or
otherwise uses the Football/Soccer Field, such event or use shall not interfere with SFS's
use of the Sports Complex or otherwise conflict with SFS's rights under the Agreement.
County may not hold any event at, or otherwise use, the Football/Soccer Field (i) during
the time period reser/cd exclusively foron the same dates as New York Mets spring
training home gamesand exhibition season activities as described in Section l6(B)(i) of
the f...greement, or (ii) on the date of any SFS Event at the Sports Complex scheduled in
accordance with an SFS New Event Notice as described in Section 16(B)(iv) of the
Agreement (provided that no event at or use of the Football/Soccer Field shall provide or
constitute grounds for County to object to an SFS New Event Notice under Section 16(C)
of the Agreement) or (iii) when such event at or use of the Football/Soccer Field is
reasonably expected to attract attendance of 2000 or more persons (with all persons,
including without limitation all participants, workers and spectators, included in such
total) unless, in each instance, (a) County provides written notice to SFS of the proposed
event or use at least ten (10) days prior to the date of the proposed event or use (the
"Football/Soccer Field Event Notice," which shall describe the proposed event or use,
including the nature, starting time and estimated duration thereof, and the expected
"
...J
attendance thereat, and any circumstances which may cause the event or use to interfere
with SFS' s use of the Sports Complex or otherwise conflict with SFS' s rights under the
Agreement), and (b) SFS does not reasonably object to the proposed event or use as set
forth in the Football/Soccer Event Notice within five (5) days after its receipt of the
Football/Soccer Event Notice (with such objection conclusively deemed reasonable if the
proposed event or use may interfere with SFS' s use of the Sports Complex or otherwise
conflict with SFS's rights under the Agreement).
3. The term "Football/Soccer Field" as used herein shall mean the following,
with such legal description provided by County:
A Parcel of land lying in Parcel 21 D as shown on the Plat of S1. Lucie West Plat
No. 107, 2nd Replat in Parcel 21 and recorded in Plat book 37, pages 19, 19A to
19C, public records of S1. Lucie County, Florida and being more particularly
described as follows:
Commence at a point on the Northerly line of said Parcel 21D, said point being
the Easterly end of a curve concave to the South and having a radius of 3708.28
feet; thence Westerly, along the arc of said curve, (and along the said northerly
line of Parcel 21D), thru a central angle of 10°25'45", an arc distance of 674.99
feet to the point of beginning; thence departing said curve (and said Northerly
line), South 03°28'43" West, along a line radial to said curve, a distance of 694.00
feet to a point of radial intersection with a curve concave to the South and having
a radius of 3014.28 feet; thence Westerly, along the arc of said curve, thru a
central angle of 11 °01 '00", an arc distance of 579.58 feet to a point of radial
intersection with a line; thence North OT32' 17" West, along said line, a distance
of 694.00 feet to a point of radial intersection with said curve having a radius of
3708.28 feet (and said Northerly line of Parcel 21D); thence Easterly along the arc
of said curve (and said Northerly line of Parcel 21D), thru a central angle of
11 °01 '00", an arc distance of713.02 feet to the point of beginning.
Containing 10.297 acres, more or less.
4. County acknowledges that SFS is relying upon the County's legal
description of both the Land and the Football/Soccer Field, and that such reliance is
reasonable.
EXHIBIT "A" ACKNOWLEDGED AND APPROVED:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
-- -
\..;
.....,
EXHIBIT B
SITE PLAN
See Thos. J. White Development Corporation
Dwg. No. 86-100 1702, Sheet C-l of 17, dated November 7, 1986,
attached hereto and provided by County.
See Jack L. Gordon Architects
Architectural Drawing TO.OO dated August 11,2003,
attached hereto and provided by Architect.
Note: Notwithstanding that some portions of the Sports Complex (as defined in the
Agreement) referenced in the St. Lucie Sports Complex Facilities Use Agreement may
not be specifically described or designated on the above-referenced drawings (e.g., the
"'major league stadium parking area" and the "'Clubhouse" referenced in Section 6(D) of
the Agreement, and the areas for radio and TV facilities referenced in Section 15(B)(6) of
the Agreement), they are included within the "'Site Plan."
EXHIBIT "'B" ACKNOWLEDGED AND APPROVED:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
-
-
'-'
....,¡
EXHIBIT C
LIST OF INITIAL TERM IMPROVEMENTS
PRIORITY # DESCRIPTION
1 AREA "A" - THIRD BASE EXPANSION / INTERIOR ADDITION
Additional Seating
Party Deck w/ Concession Area
Restroom Facilities
Club House Expansion
Storage Facilities
lA AREA "A" - HOME PLATE SEATING EXPANSION / BULLPENS
Additional Seating
Backstop Netting
New Bullpens @ Left Field, Right Field
lB AREA "A" - BATTING CAGE BUILDING
New Batting Cage adjacent to existing @ Left Field
2 AREA "B" - FAÇADE EXTENSION / CONCOURSES / SUITES
Admin. Offices/Ticket Windows, Team Store Expansion
Foundation Stabilization
Elevator
Stair Extensions
Suites & Upper Party Decks
Entry Plaza: Shade Structures, Fencing/Gates, Paving, Landscaping
3 AREA "C" - GATE C / FIRST BASE BLEACHERS
Concession Stand
Entry Gate/Plaza
Shade Structure
Paving & Landscaping
4 AREA "D" - BERM AREA
Restroom Facilities
Concession Stand
Shade Structure
Walkway
Paving & Landscaping
Scoreboard Relocation
'-"
"'-"
5 MINOR LEAGUE FACILITY IMPROVEMENTS
Clubhouse/Weight room Expansion/Modifications
6 NEW HV AC CHILLER PLANT AND SYSTEM
Note: To the extent that any portion of the Initial Term Improvements Budget is not
spent on the above-listed Initial Term Improvements, such unspent portion may be used
on additional improvements selected by SFS and approved by the County.
EXHIBIT "C" ACKNOWLEDGED AND APPROVED:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
\..f
EXHIBIT D
FINAL PLANS AND SPECIFICATIONS
'wtI
The following is the Table of Contents for the Final Plans, including bidding
requirements, contract forms, conditions of the contract, and a list of the applicable
drawings and specifications. The Final Plans are in the possession of 81. Lucie County.
Dates indicated are the dates printed on each document submitted to the County by the
Architect.
SECTION
General Conditions
Supplementary General Conditions
DIVISION 1 - GENERAL REQUIREMENTS
SECTION
01010
01045
01202
01300
01310
01351
01400
01500
01600
Summary of Work
Cutting and Patching
Progress Meetings
Submittals
Progress Schedules
Selective Demolition and Alteration Work
Testing and Inspection
Construction Facilities and Temporary Controls
Materials and Equipment
DIVISION 2 - SITE WORK
SECTION
0211 0
02300
02782
Site Preparation
Earthwork
Unit Pavers
DIVISION 3 - CONCRETE
SECTION
03050
03100
03200
03300
03310
03320
03345
Concrete Testing and Control
Concrete F ormwork
Concrete Reinforcement
Cast In Place Concrete
Concrete Work
Concrete Floor Topping
Concrete Finishing
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 Ih, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
'-'
03450
03452
Architectural Precast Concrete Stairs
Architectural Precast Concrete Elements
DIVISION 4 - MASONRY
SECTION
04100
04340
04402
04270
04280
Mortar
Reinforced Unit Masonry System
Stone Counters
Glass Unit Masonry
Unit Masonry
DIVISION 5 - METALS
SECTION
05120
05210
05310
05411
Structural Steel
SteeUoists
Metal Decking
Light Gauge Steel Framing and Prefabricated
Steel Roof Trusses
Miscellaneous Metals
05500
DIVISION 6 - WOOD AND PLASTICS
SECTION
06200
Carpentry
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
SECTION
07140
07160
07200
07530
07600
07610
07700
07811
07820
07830
07840
07900
Liquid Membrane Waterproofing
Metallic Oxide Waterproofing
Building Insulation
Single Ply Membrane Roofing
Sheet Metal Work
Preformed Metal Roofing
Roof Specialties and Accessories
Sprayed Cementitious Fireproofing
Plastic Sunscreen Panels
Translucent Glazing Panels
Firestops and Smokeseals
Joint Sealers
DIVISION 8 - DOORS AND WINDOWS
SECTION
08100 Steel Doors and Frames
."'w!Ì
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11th, 2003
August 11 th, 2003
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...,
08200
08300
08333
08410
08480
08520
08582
08700
Wood Doors
Access Doors
Roll-Up Counter Shutters
Aluminum Entrance Assemblies
Opening Glass Wall System
Aluminum Windows
Bullet-Resistant Ticket Windows
Finish Hardware
August 11 tb, 2003
th
August 11 , 2003
August 11 th, 2003
August 11 t\ 2003
August 11 th, 2003
th
August 11 , 2003
August 11 th, 2003
August 11 th, 2003
DIVISION 9 - FINISHES
SECTION
09200
09250
09310
09510
09650
09670
09681
09704
09900
09960
Lathing and Plastering
Gypsum Drywall
Ceramic Tile
Acoustic Panel Ceilings
Resilient Tile Flooring
Rubber Flooring
Carpet
Resinous Flooring
Painting and Finishing
Wall Coverings
August 11 Ib, 2003
August 11 Ib, 2003
August 11 Ib, 2003
August 11 Ib, 2003
th
August 11 , 2003
August 11 th, 2003
August 11 th, 2003
th
August 11 , 2003
August 11 Ib, 2003
August 11 th, 2003
DIVISION 10 - SPECIALTIES
SECTION
10100
10160
10200
10500
10522
10800
Markerboards
Toilet Partitions
Aluminum Louvers
Lockers
Fire Extinguishers and Cabinets
Toilet Accessories
August 11 th, 2003
August 11 Ib, 2003
August 11 Ib, 2003
August 11 th, 2003
August 11 Ib, 2003
August 11 Ib, 2003
DIVISION 11 - EQUIPMENT
SECTION
11132 Projection Screens
August 11 th, 2003
DIVISION 12 - FURNISlllNGS SECTION - NOT USED
DIVISION 13 - SPECIAL CONSTRUCTION - NOT USED
DIVISION 14 - CONVEYING SYSTEMS
SECTION
14212
Hydraulic Elevators
August 11 Ib, 2003
'-'
T
DIVISION 15 - MECHANICAL
SECTION
15010
15060
15450
15465
15500
15650
15687
15700
15710
15825
15826
15840
15841
15845
15865
15899
15905
Plumbing Work, General
Plumbing Piping and Fittings
Plumbing Fixtures, Trims and Drains
Water Heating - Finned Tube Gas Boilers
Fire Protection Systems
HV AC General
HV AC - Piping Chilled Water
Central Station Air Handling Unit
Fan Coil Air Handling Unit
Wall Exhaust Fan Centrifugal- Belt Drive
Fans, In-Line Centrifugal
Ductwork, Fiberglass
Ductwork, Sheet Metal
Ductwork, Flexible
Variable Air Volume Terminal Units
Testing, Adjusting, and Balancing of
Environmental Systems (Contractor)
DDC Building Management & Temperature
Control System - V A V Chilled Water
DIVISION 16 - ELECTRICAL
SECTION
16010
16110
16120
16125
16130
16134
16140
16160
16170
16190
16460
16475
16485
16500
16610
16790
Electrical General Specifications
Electrical Raceways
Cable, Wire and Connectors
Identification and Location
Electrical Boxes and Fittings
Panelboards and Enclosures
Wiring Devices
Motor Controls
Safety and Disconnect Switches
Equipment Supports
Transformers - Low Voltage Dry Type
Distribution Switchboards - Circuit Breaker
Lighting Contactors
Lighting Fixtures
Transient Voltage Surge Suppression System
Telephone/Data System
""'"
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
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August 11 th, 2003
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August 11 , 2003
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August 11 , 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
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August 11 , 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
'-'
Drawing List
ARCHITECTURAL
TO.OO
TO.02
A1.00
A1.01
ALOIA
A1.0lB
A1.01C
A1.01D
Al.02
A 1. 02A
A 1. 02B
A1.03
A1.03B
A1.04B
Al.05A
A1.05C-D
A1.06
A1.07
A2.01A
A2.01B
A2.01C
A2.02A
A2.02B
A2.03B
A4.00
A4.01
A4.10
A4.20
A4.30
A5.00
A5.01
A5.10
A5.11
A5.15
A5.20
A5.30
A5.31
A5.40
A6.00
A6.01
A6.10
A6.11
A6.12
A6.20
A6.30
A7.01
A7.02
Title Page
Title Sheet
Site Plan
Ground Floor Plan
Ground Floor Plan - Section A
Ground Floor Plan - Section B
Ground Floor Plan - Section C
Ground Floor Plan - Section D
Concourse Plan
Concourse Plan - Section A
Concourse Plan - Section B
Suite Level Plan & Press Level Plan
Suite level Plan - Section B
Press Level Plan - Section B
Roof Plan - Section A
Roof Plan - Sections C & D
Plaza Plan
Geometry Plan
Ground Floor Reflected Ceiling Plan - Section A
Ground Floor Reflected Ceiling Plan - Section B
Ground Floor Reflected Ceiling Plan - Section C
Concourse Reflected Ceiling Plan - Section A
Concourse Reflected Ceiling Plan - Section B
Suite Reflected Ceiling Plan - Section B
West Stadium Elevations
South Stadium Elevations
Stadium Cross Sections - Section A
Building Sections - Section B
Building Sections - Berm
Prefabricated Metal Building Batting Cage
V.I.P. Entrance, Gate C & Ticket Booth
Section A Toilet Building Detail Plan & Sections
Section A Elevations
Section A Concession Detail Plan, Elevation & Section
Section B Vendor's Room Plan, Elevation & Sections
Section C Concession Detail Plan, Elevation & Sections
Section C Elevations
Section D Plan, Elevation & Sections
Main Elevator
Elevator Sections
Stairs 1 & 2
Stairs 3 & 4
Stairs 5 & 7
Ramps C, D & E
Berm Ramp
Building Details
Column Details
...,J
August 11 th, 2003
August 11 th, 2003
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August 11 ,2003
August 11 th, 2003
August 11 th, 2003
th
August 11 , 2003
August 11 Ib, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
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August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
A7.03
A7.04
A7.10
A7.11
A7.12
A7.13
A7.14
A8.00
A9.00
STRUCTURAL
- ..... ----
'-'
Plaza Details
Wall Sections
Wall Sections
Wall Sections
Wall Sections
Roof Details
S lab Details
Railing Types
Door Schedule
S1.01A Foundation Plan - Section A
S1.01B Foundation Plan - Section B
S1.01C Foundation Plan - Section C
S1.01D Foundation Plan - Section D
S 1.02A Concourse Framing Plan - Section A
S 1.02B Concourse Framing Plan - Section B
S 1.03B Suite Level Framing Plan - Section B
S1.04B Press Level Framing Plan - Section B
S1.05A Roof Plan - Section A
S1.05C-D Roof Framing Plans - Section C & D
S2.01 Notes, Schedules & Details
S3.01 Sections & Details
S3.02 Sections & Details
MECHANICAL
M1.01A
M1.01B
M1.01C
M1.01D
M1.02A
M1.02B
M1.03B
M1.04B
M3.00
M3.01
M5.00
ELECTRICAL
E1.00
E1.01A.1
E1.01A.2
E1.01A.3
E1.01B.1
E1.01B.2
E1.01B.3
E1.01C.1
E1.01C.2
Mechanical Ground Floor Plan - Section A
Mechanical Ground Floor Plan - Section B
Mechanical Ground Floor Plan - Section C
Mechanical Ground Floor Plan - Section D
Mechanical Concourse Floor Plan - Section A
Mechanical Concourse Floor Plan - Section B
Mechanical Suite Floor Plan - Section B
Mechanical Press Floor Plan - Section B
Mechanical Schedules and Legend
Mechanical Details
Mechanical Control Plan
Electrical Site Plan
Electrical Ground Floor Plan - Section A Lighting
Electrical Ground Floor Plan - Section A Power
Electrical Ground Floor Plan - Section A F AlComm.
Electrical Ground Floor Plan - Section BLighting
Electrical Ground Floor Plan - Section B Power
Electrical Ground Floor Plan - Section B F AlComm.
Electrical Ground Floor Plan - Section C Lighting
Electrical Ground Floor Plan - Section C Power
~......
,...¡
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 11 th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 8th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
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August 14th, 2003
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August 14th, 2003
August 14th, 2003
August 14th, 2003
'-'
E1.01C.3
E1.01D.1
E1.01D.2
E1.01D.3
E 1.02A.1
E1.02A.2
E 1.02A.3
E 1.02B.1
E1.02B.2
E1.02B.3
E 1.03B.1
E1.03B.2
E1.03B.3
E 1.04B.1
E1.04B.2
E2.00
E3.00
E3.01
E4.00
E4.01
PLUMBING
P1.01A
P1.01B
P1.01C
P1.01D
P1.02A
P1.02B
P1.03B
P1.04B
P2.00
P3.00
P3.01
P3.02
P4.00
P4.02
P4.03
Electrical Ground Floor Plan - Section C F AlComm.
Electrical Ground Floor Plan - Section D Lighting
Electrical Ground Floor Plan - Section D Power
Electrical Ground Floor Plan - Section D F AlComm.
Electrical Concourse Floor Plan - Section A Lighting
Electrical Concourse Floor Plan - Section A Power
Electrical Concourse Floor Plan - Section A F AlComm.
Electrical Concourse Floor Plan - Section BLighting
Electrical Concourse Floor Plan - Section B Power
Electrical Concourse Floor Plan - Section B F AlComm.
Electrical Suite Floor Plan - Section BLighting
Electrical Suite Floor Plan - Section B Power
Electrical Suite Floor Plan - Section B F AlComm.
Electrical Press Floor Plan - Section BLighting
Electrical Press Floor Plan - Section B
Electrical Concession Floor Plans - 1/4" Scale
Electrical Panels
Electrical Details
Electrical Riser
Electrical Legends
Plumbing Ground Floor Plan Section A
Plumbing Ground Floor Plan Section B
Plumbing Ground Floor Plan Section C
Plumbing Ground Floor Plan Section D
Plumbing Concourse Floor Plan Section A
Plumbing Concourse Floor Plan B
Plumbing Suite Floor Plan Section B
Plumbing Press Floor Plan Section B
Plumbing Concession Floor Plans - 1/4" Scale
Plumbing Schedules and Details
Plumbing Schedules and Details
Concession Stands - Plumbing Schedules and Details
Plumbing - Sanitary Risers
Concession Stands - Sanitary Risers
Plumbing - Gas Risers
EXHIBIT "D" ACKNOWLEDGED AND APPROVED:
."J
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
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August 14th, 2003
th
August 14 ,2003
August 14th, 2003
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August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
August 14th, 2003
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
~
..",
EXHIBIT E
INITIAL TERM IMPROVEMENT SCHEDULE
See attached document with a "run date" of OCT/17 /03 entitled:
RODDA CONSTRUCTION, INC.
St. Lucie Sports Complex Renovation
Note: The Initial Term Improvement Schedule is subject to change as the result of
Change Orders.
EXHIBIT "E" ACKNOWLEDGED AND APPROVED:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
-
'-'
....J
EXHIBIT F
ARCHITECT'S CONTRACT REQUIREMENTS
The Architect's Contract shall, inter alia, contain terms and conditions with
generally the same substance as the following two paragraphs:
Periodically during the construction process, at such times as reasonably
determined by SFS and County, the Architect will observe the conduct of
construction of the Initial Term Improvements and notify County and SFS in
writing of observed deficiencies in the Work being deemed completed (including
deficiencies which preclude the Work being deemed completed), notify the
County and SFS of any item not in strict accordance with the final plans, and
otherwise create a punchlist of minor finishing and adjustment in any other items
which the Contractor has not finally completed in strict accordance with the final
plans. Failure to include an item on the punchlist will not diminish the
responsibility of the Contractor to complete the work in accordance with the final
plans.
The Architect will use commercially reasonable efforts based upon
prudent standards in the architecture industry to monitor and observe the
construction of the Work in order to ensure that the Work is constructed in
accordance with the final plans and on schedule. The Architect will, to the extent
requested by SFS, conduct regular meetings with SFS and with the County or its
designee and other appropriate parties to assist SFS in verifying that all Work is
being performed according to the Final Plans and any authorized change orders.
The Architect will prepare meeting minutes after such meeting and submit same
to the County and SFS, regarding the status of construction, including any
material variance from the Final Plans and/or schedule of which Architect is
aware.
The Architect's Contract shall also require the Architect to procure a policy or
policies of insurance that relate to the Work at least as favorable to SFS as the following
(subject to applicable policy exclusions, conditions and terms such as aggregates and
deductibles, among others):
a. Liability Insurance. Commercial general liability insurance with limits of
not less than $1,000,000 per occurrence/$2,000,000 aggregate. The policy shall be
written on a per occurrence basis.
b. Workers' Compensation and Employers Liability Insurance. Workers'
Compensation and Employers Liability insurance in accordance with New York statutory
requirements.
., .... .......
......... -
\..;
...,¡
c. Umbrella Liability Insurance. Umbrella or excess liability coverage at not
less than a $1,000,000 limit.
d. Architects Professional Liability Insurance. Architects Professional
Liability Insurance at not less than a $2,000,000 limit.
EXHIBIT "F" ACKNOWLEDGED AND APPROVED:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
~
......
~
...I
EXHIBIT G
CONTRACTOR'S CONTRACT REQUIREMENTS
The Contract between SFS and the Contractor shall, inter alia, contain terms and
conditions with generally the same substance as the following two paragraphs:
The Work will, as of the completion of same, be constructed and installed
in a good and workmanlike manner, in material conformity with the final plans
and in accordance with applicable federal, state and local laws, ordinances and
building and zoning codes and requirements of all public authorities. In addition,
the Work win be constructed under the supervision and control of a certified
general contractor; the Contractor shall achieve completion of the Work on or
before the required completion date, subject to force majeure events and SFS
delay; and the Contractor will cause the Work to be completed for a cost that shall
not exceed the fixed contract price, subject only to increases due to authorized
change orders.
SFS will be entitled to enforce all warranties from all contractors and
manufacturers on behalf of SFS to the extent such warranties are not fully in favor
of the County. Without cost to SFS, the Contractor will repair, replace, restore or
rebuild any work included in the Work to the extent that such Work contains
defects in materials or workmanship or to which damage has occurred because of
such defects.
The Contract between SFS and the Contractor shall also require the Contractor to
procure a policy or policies of insurance that relate to the Work at least as favorable to
SFS as the following (subject to applicable policy exclusions, conditions and terms such
as aggregates and deductibles, among others):
a. Liability Insurance. Commercial general liability insurance with limits of
not less than $1,000,000 per occurrence/$2,000,000 aggregate. The policy shall be
written on a per occurrence basis.
b. Workers' Compensation and Employers Liability Insurance. Workers'
Compensation and Employers Liability insurance in accordance with Florida statutory
requirements.
c. Automobile Liability Insurance. Automobile liability coverage with limits
of not less than $1,000,000 each accident, combined single limit for bodily injury or
death and property damage.
""I'Ir"'"
'-'
.....,
d. Umbrella Liability Insurance. Umbrella or excess liability coverage at not
less than a $10,000,000 limit.
EXHIBIT "G" ACKNOWLEDGED AND APPROVED:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
~
'-'
EXHIBIT H
OWNER'S CONTRACTOR PROTECTIVE INSURANCE REQUIREMENTS
Not applicable. Intentionally omitted.
.:~
~
..."
EXHIBIT I
SFS GENERAL CONSTRUCTION LIABILITY INSURANCE REQUIREMENTS
Not applicable. Intentionally omitted.
'-'
.J
EXHIBIT J
BOND AMORTIZATION SCHEDULE
I. St. Lucie County, Florida Tourist Development Tax Revenue Bond, Series 2003
Period Outstanding Principal Debt Service Coupon Debt Service Debt Service Unamortized Principal
Ending Balance (Prior) Principal Ann. Rate Interest Total Balance Remaining
9/10/2003 $6,055,000.00 ..------------ ------......_-- .....-.................-- ------......--..-..---
11/1/2003 $6,055,000.00 .........-.....------ 4.605% $39,501.31 $39,501.31 $6,055,000.00
5/1/2004 $6,055,000.00 $189,000.00 4.605% $139,416.38 $328,416.38 $5,866,000.00
11/1/2004 $5,866,000.00 $151,000.00 4.605% $135,064.65 $286,064.65 $5,715,000.00
5/1/2005 $5,715,000.00 $155,000.00 4.605% $131,587.88 $286,587.88 $5,560,000.00
11/1/2005 $5,560,000.00 $159,000.00 4.605% $128,019.00 $287,019.00 $5,401,000.00
5/1/2006 $5,401,000.00 $162,000.00 4.605% $124,358.03 $286,358.03 $5,239,000.00
11/1/2006 $5,239,000.00 $166,000.00 4.605% $120,627.98 $286,627.98 $5,073,000.00
5/1/2007 $5,073,000.00 $170,000.00 4.605% $116,805.83 $286,805.83 $4,903,000.00
11/1/2007 $4,903,000.00 $174,000.00 4.605% $112,891.58 $286,891.58 $4,729,000.00
5/1/2008 $4,729,000.00 $177,000.00 4.605% $108,885.23 $285,885.23 $4,552,000.00
11/1/2008 $4,552,000.00 $182,000.00 4.605% $104,809.80 $286,809.80 $4,370,000.00
5/1/2009 $4,370,000.00 $186,000.00 4.605% $100,619.25 $286,619.25 $4,184,000.00
11/1/2009 $4,184,000.00 $190,000.00 4.605% $96,336.60 $286,336.60 $3,994,000.00
5/1/2010 $3,994,000.00 $195,000.00 4.605% $91,961.85 $286,961.85 $3,799,000.00
11/1/2010 $3,799,000.00 $199,000.00 4.605% $87,471.98 $286,471.98 $3,600,000.00
5/1/2011 $3,600,000.00 $204,000.00 4.605% $82,890.00 $286,890.00 $3,396,000.00
11/1/2011 $3,396,000.00 $208,000.00 4.605% $78,192.90 $286,192.90 $3,188,000.00
5/1/2012 $3,188,000.00 $213,000.00 4.605% $73,403.70 $286,403.70 $2,975,000.00
11/1/2012 $2,975,000.00 $218,000.00 4.605% $68,499.38 $286,499.38 $2,757,000.00
5/1/2013 $2,757,000.00 $223,000.00 4.605% $63,479.93 $286,479.93 $2,534,000.00
11/1/2013 $2,534,000.00 $228,000.00 4.605% $58,345.35 $286,345.35 $2,306,000.00
5/1/2014 $2,306,000.00 $234,000.00 4.605% $53,095.65 $287,095.65 $2,072,000.00
11/1/2014 $2,072,000.00 $239,000.00 4.605% $47,707.80 $286,707.80 $1,833,000.00
5/1/2015 $1,833,000.00 $244,000.00 4.605% $42,204.83 $286,204.83 $1,589,000.00
11/1/2015 $1,589,000.00 $250,000.00 4.605% $36,586.73 $286,586.73 $1,339,000.00
5/1/2016 $1,339,000.00 $256,000.00 4.605% $30,830.48 $286,830.48 $1,083,000.00
11/1/2016 $1,083,000.00 $262,000.00 4.605% $24,936.08 $286,936.08 $821,000.00
5/1/2017 $821,000.00 $267,000.00 4.605% $18,903.53 $285,903.53 $554,000.00
11/1/2017 $554,000.00 $274,000.00 4.605% $12,755.85 $286,755.85 $280,000.00
5/1/2018 $280,000.00 $280,000.00 4.605% $6,447.00 . $286,447.00 ......-..-......--------
'--"
..""
II. St. Lucie County, Florida Tourist Development Tax Taxable Revenue Bond,
Series 2003C
Period Outstanding Principal Debt Service Coupon Debt Service Debt Service Unamortized Principal
Ending Balance (Prior) Principal Ann. Rate Interest Total Balance Remaininf!
9/10/2003 $2,627,500.00 ..............--....- ..----------- ---------..-- ..oo.....................-.......--
11/1/2003 $2,627,500.00 --...-_.._-_.....- 5.620% $18,048.01 $18,048.0 I $2,627,500.00
5/1/2004 $2,627,500.00 $73,500.00 5.620% $73,832.75 $147,332.75 $2,554,000.00
11/1/2004 $2,254,000.00 $61,000.00 5.620% $71,767.40 $132,767.40 $2,493,000.00
5/1/2005 $2,493,000.00 $63,000.00 5.620% $70,053.30 $133,053.30 $2,430,000.00
11/ 1/2005 $2,430,000.00 , $64,500.00 5.620% $68,283.00 $132,783.00 $2,365,500.00
5/1/2006 $2,365,500.00 $66,500.00 5.620% $66,470.55 $132,970.55 $2,299,000.00
11/1/2006 $2,299,000.00 $68,500.00 5.620% $64,601.90 $133,101.90 $2,230,500.00
5/1/2007 $2,230,500.00 $70,000.00 5.620% $62,677.05 $132,677.05 $2,160,500.00
11/1/2007 $2,160,500.00 $72,500.00 5.620% $60,710.05 $133,210.05 $2,088.000.00
5/1/2008 $2,088.000.00 $74,000.00 5.620% $58,672.80 $132,672.80 $2,014,000.00
11/1/2008 $2,014,000.00 $76,500.00 5.620% $56,593.40 $133,093.40 $1,937,500.00
5/1/2009 $1,937,500.00 $78,500.00 5.620% $54,443.75 $132,943.75 $1,859,000.00
11/1/2009 $1,859,000.00 $81,000.00 5.620% $52,237.90 $133,237.90 $1,778,000.00
5/1/2010 $1,778,000.00 $83,000.00 5.620% $49,961.80 $132,961.80 $1,695,000.00
11/1/2010 $1,695,000.00 $85,500.00 5.620% $47,629.50 $133,129.50 $1,609,500.00
5/1/2011 $1,609,500.00 $87,500.00 5.620% $45,226.95 $132,726.95 $1,522,000.00
11/1/2011 $1,522,000.00 $90,000.00 5.620% $42,768.20 $132,768.20 $1,432,000.00
5/1/2012 $1,432,000.00 $93,000.00 5.620% $40,239.20 $133,239.20 $1,339,000.00
11/1/2012 $1,339,000.00 $95,500.00 5.620% $37,625.90 $133,125.90 $1,243,500.00
5/1/2013 $1,243,500.00 $98,000.00 5.620% $34,942.35 $132,942.35 $1,145,500.00
11/1/2013 $1,145,500.00 $101,000.00 5.620% $32,188.55 $133,188.55 $1,044,500.00
5/1/2014 $1,044,500.00 $103,500.00 5.620% $29,350.45 $132,850.45 $941,000.00
11/1/2014 $941,000.00 $106,500.00 5.620% $26,442.10 $132,942.1 0 $834,500.00
5/1/2015 $834,500.00 $109,500.00 5.620% $23,449.45 $132,949.45 $725,000.00
11/1/2015 $725,000.00 $112,500.00 5.620% $20,372.50 $132,872.50 $612,500.00
5/1/2016 $612,500.00 $116,000.00 5.620% $17,211.25 $133,211.25 $496,500.00
11/1/2016 $496,500.00 $119,000.00 5.620% $13,951.65 $132,951.65 $377,500.00
5/1/2017 $377,500.00 $122,500.00 5.620% $10,607.75 $133,107.75 $255,000.00
11/1/2017 $255,000.00 $126,000.00 5.620% $7,165.50 $133,165.50 $129,000.00
5/1/2018 $129,000.00 $129,000.00 5.620% $3,624.90 $132,624.90 -----...----.............
The unamortized principal balance of the County's outstanding debt on the bonds issued
to generate the County Contributions, the SFS Contributions Bond Revenues, and the
Naming Rights Bond Revenues (as referenced in Sections 19(a) and 25 of the
Agreement) as of a given date is equal to the sum of the dollar amounts reflected in the
column for "Unamortized Principle Balance Remaining" under subparts I and II,
'--'
..."
respectively, of this Exhibit J corresponding to the "Period Ending" date occurring
immediately prior to the given date at issue.
County acknowledges that SFS is relying upon bond amortization schedules
provided by the County as incorporated into subparts I and II of this Exhibit J, and that
such reliance is reasonable.
EXHIBIT "J" ACKNOWLEDGED AND APPROVED:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY STERLING FACILITY SERVICES, L.L.C.
By:
Print Name:
Title:
By:
Print Name:
Title:
'-"
....,¡
Sterling Facility Services, L.L.C.
527 NW Peacock Boulevard
Port St. Lucie, FL 34986
May _, 2004
Mr. Doug Anderson
St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, FL 34982
Re: The Country Store - Football/Soccer Field Concession Oµerations
Dear Doug:
We understand that St. Lucie County ("County") is a party to an agreement with The Country
Store Sub Shop ("TCS," located on Orange Avenue in Fort Pierce, Florida) with a term beginning on
October 1,2000 with respect to the operation of food and beverage concessions at the Football/Soccer
Field for a term offive years (the "TCS Agreement"), in which the Football/Soccer Field is referred to
as the "South County Regional Football/Soccer Stadium." (Capitalized terms used but not defined in
this letter have the meanings set forth in the St. Lucie Sports Complex Facilities Use Agreement
between the County and SFS dated as of August 1,2003 (the "FUA"), including "Exhibit A" thereto.)
We also understand that there is no other agreement or business relationship that would create any
obligations of the County to TCS other than the TCS Agreement, and that the TCS Agreement
previously provided to SFS by the County has not been modified or amended. For the purpose of
clarity, nothing herein applies to any site covered by the TSC Agreement other than the
Football/Soccer Field.
The County has certain approval rights in the TCS Agreement. The County agrees that it
(acting through the County Administrator or his designee, or otherwise) shall not, without the prior
written consent of SFS, approve (or, within the time prescribed by the TCS Agreement, fail to
disapprove) of any ofthe following as they relate to the Football/Soccer Field: (a) the sale of any food
or beverages of or by a Competitor at the Football/Soccer Field; (b) any assignment or sublease of the
Football/Soccer Field or the TCS Agreement; or (c) any construction, placement, installation, removal,
replacement, alteration or modification of the Football/Soccer Field or any structure or other
improvements, equipment, furnishing, signing, or advertising thereon or thereat, if SFS believes that
the foregoing may interfere with its rights under the FUA or its use of the Sports Complex, or may
otherwise be contrary to the legitimate business interests of SFS, the Club, or a Mets Sponsor.
The current term of the TCS Agreement expires September 30, 2005. The County agrees that it
shall not exercise its option to extend or agree to extend the term of the TCS Agreement with respect to
the operation of food and beverage concessions at the Football/Soccer Field beyond September 30,
2005 unless SFS first has the opportunity to submit its own proposal to operate food and beverage
concessions at the Football/Soccer Field. Ifthe terms and conditions of such proposal are more
favorable to the County with respect to concessions operations at the Football/Soccer Field than those
of the current TCS Agreement, County will not exercise its option to extend or agree to extend the
\.J
...."
term of the TCS Agreement with respect to the Football/Soccer Field, and shall grant to SFS the
exclusive right to operate food and beverage concessions at the Football/Soccer Field on such terms
and conditions proposed by SFS. If SFS declines to submit a proposal, or does not submit a proposal
that contains terms and conditions that are more favorable to the County with respect to concessions
operations at the Football/Soccer Field than those of the current TCS Agreement, then County may
exercise its option to extend or agr~e to extend the term of the TSC Agreement for one additional term
of five years (i.e., through September 30,2010). The County shall not amend or extend the TCS
Agreement (to the extent such agreement relates to the Football/Soccer Field) without the prior written
consent of SFS, subject only to the previous sentence.
After any expiration (or termination) of the TCS Agreement other than in connection with a
more favorable proposal by SFS that is accepted by County pursuant to the provisions of the previous
paragraph, County shall put the rights currently granted to TCS with respect to the Football/Soccer
Field out to bid or for proposals with SFS as an eligible bidder or contractor to be given due
consideration as a potential grantee of such rights by the County, and SFS shall have the right to match
any other party's bid/proposal for such rights (with the rights being granted to SFS if SFS matches
such bid/proposal).
Subject to all of the foregoing, SFS has no objection to TCS's operation of food and beverage
concessions at the Football/Soccer Field in accordance with the TCS Agreement.
In no event will anything stated herein or omitted herefrom give rise to liability of any type on
the part of SFS or any of its parents, members, employees, officers, or affiliates, nor does SFS waive
any of its rights or remedies under the FDA (including Exhibit A) or otherwise.
Please indicate the agreement of St. Lucie County to all of the foregoing by signing this letter
on the County's behalf and returning it to our office.
Very truly yours,
Acknowledged and Agreed:
By:
Doug Anderson
County Administrator
St. Lucie County
Date:
cc: St. Lucie County Attorney
10/01/04
FZABWARR
FUND
001
102
102001
103
107
III
112
113
114
115
116
117
118
119
120
121
122
123
126
129
130
136
138
139
242
282
.'
,
.
'-'
ST. LUCIE COUNTY - BOARD
'-.I
WARRANT LIST # 1- 01-0CT-2004 TO 01-0CT-2004
FUND SUMMARY
TITLE
EXPENSES
General Fund
Unincorporated Services Fund
Drainage Maintenance MSTU
Law Enforcement MSTU
Fine & Forfeiture Fund
River Park I Fund
River Park II Fund
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sheràton Plaza Fund
Sunland Gardens Fund
Sunrise Park Fund
Paradise Park Fund
Holiday Pines Fund
The Grove Fund
Blakely Subdivision Fund
Indian River Estates Fund
Queens Cove Lighting Dist#13 Fund
Southern Oak Estates Lighting
Parks MSTU Fund
SLC Public Transit MSTU
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Palm Grove Fund
Port I&S Fund
Environmental Land I&S Fund
2]178,390.05
11]056.99
8]641.96
7]743.67
2]954]989.83
155.19
34.80
15.35
29.42
35.45
33.03
10.50
31. 27
47.77
11.65
6.37
54.39
18.16
9.58
10]655.49
3]836.00
84.29
9.21
41.99
1,026.17
5]900.56
GRAND TOTAL:
5]182]869.14
.
.......
--....
PAGE
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10/08/04
FZABWARR
FUND
001
001158
001160
001168
001288
001809
101
102
102001
102107
104003
105
107
107001
107002
107003
140
140001
160
183
183004
185005
401
418
421
441
448
449
451
458
461
471
478
479
481
49i
505
611
615
674
'-"
ST. LUCIE COUNTY - BOARD
...."
WARRANT LIST # 2- 07-0CT-2004 TO 08-0CT-2004
FUND SUMMARY
TITLE
General Fund
Urban Mobile Irrigation Lab 03/04
Section 112/MPO/Planning FY 04/05
Urban Mobile Irrigation Lab 04/05
TDC Planning Grant FY 03/04
SFWMD-Floridian Aquifer Well 01/04
Transportation Trust Fund
Unincorporated Services Fund
Drainage Maintenance MSTU
FDOT"Bicycle/Ped. Coordinator 03/04
)Hurricane Frances Donations
',Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Sur char
Fine & Forfeiture Fund-800 Mhz Oper
Port & Airport Fund
Port Fund
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Admin.- Teen Court
FHFA SHIP FY04/05
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
NHI Util-Renewal & Replacement Fund
NHI Util - Capital Facilities Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Airport Utilities District
Building Code Fund
Health Insurance Fund
Tourist Development Trust-Adv Fund
Impact Fees Fund
Driftwood Manor MSBU Fund
GRAND TOTAL:
EXPENSES
193,376.09
284.91
1,420.65
9.77
196.19
283.35
39¡714.80
13¡509.09
1¡654.69
205.68
322.83
364.48
35¡995.51
368.70
545.98
125.85
4¡213.36
165.90
1¡644.85
260.16
648.71
1¡456.96
15,025.17
12¡132.64
127.18
997.88
13.62
15.70
451.73
30.16
4¡037.63
1¡196.46
7.54
128.93
95.61
14¡108.16
4¡352.35
2,358.28
115,462.34
13¡547.88
480¡857.77
PAGE
PAYROLL
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\,~
'-'
.....,
AGENDA REQUEST
ITEM NO. -ªL
DA TE: October 12, 2004
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
SUBJECT: Drainage Easement - Reserve Homes LTD., L.P.
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board approve the Drainage
Easement and authorize the Chairman to sign the Easement.,
[XI APPROVED [ ] DENIED
[ ] OTHER:
COMMISSION ACTION:
Approved 5-0
D u las Anderson
County Administrator
County Attorney:
Review and Approvals
.k' Management & Budget
Purchasing:
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for copy only, if applicable)
Eff.5/96
'-"
""'"
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
04-1355
DATE:
October 1, 2004
SUBJECT:
Drainage Easement - Reserve Homes L TD, L. P .
**************************************************************************
BACKGROUND:
Attached is a draft Drainage Easement from Reserve Homes L TD, L.P. to the
County to allow the County to drain Village Parkway. The Easement has been reviewed
by County staff and determined to be in acceptable form.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve the Drainage Easement and
authorize the Chairman to sign the Easement.
Respectfully submitted,
DSM/caf
Attachment
'-'
...,
PREPARED BY AND RETURN TO:
Cynthia C. Spall, Esquire
Gunser, Yoakley & Stewart, P.A.
777 South Flagler Drive
Suite 500 East
West Palm Beach, Florida 33401
DRAINAGE EASEMENT
THIS DRAINAGE EASEMENT is made this _ day of , 2004 by
RESERVE HOMES LTD., L.P., A DELAWARE LIMITED PARTNERSHIP, having an address
at 1601 Forum Place, Suite 805, West Palm Beach, FL 33401, ("Grantor"), in favor of ST.
LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address
is 2300 Virginia Avenue, Ft. Pierce, Florida 34982 ("Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee" shall include singular and plural, heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations,
wherever the context so admits or requires).
1. Grant of Drainage Easement. That Grantor, for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, grants, bargains and sells unto Grantee, its successors and
assigns forever, a nonexclusive easement (1) for stormwater drainage over, upon, under and
through drainage facilities located on that certain real property located in St. Lucie County,
Florida, legally described on Exhibit "A" attached hereto ("Easement Premises"), and (2) for
the right, but not the obligation for access to the Easement Premises for the maintenance,
repair and replacement of drainage facilities, subject however to certain terms and conditions
set forth herein.
2. Purposes and Permitted Uses. The Drainage Easement hereby granted shall only
be used for the purpose of drainage of stormwater run-off from the road adjacent to the
Easement Premises known as Village Parkway (the "Property") in accordance with South Florida
Water Management District Permit No. 56-00674-5. Grantee shall have the right to enter
the Easement Premises to repair, maintain and replace any of the Drainage Facilities located
on the Easement Premises necessary for the proper operation and functioning of the Drainage
Easement.
3. Rights reserved to Grantor. Grantor hereby reserves the right to the full use
and enjoyment of the Easement Premises to the extent the same does not materially interfere
with Grantee's use of the Drainage Easement hereunder. Grantor further reserves the right,
g: \atty\agreemnt \Reserve-Easement
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from time to time, to relocate the Easement Premises, at Grantor's sole cost and expense,
provided that the relocated Easement Premises shall provide for the drainage set forth above.
Grantee, by acceptance hereof, agrees to execute any documents reasonably required by
Grantor to reflect the relocation of the Easement Premises of record.
4. Compliance with Applicable Laws. Grantee shall employ reasonable means or
methods in order that all water which is discharged by Grantee onto the Easement Premises
contains no hazardous or toxic materials or substances and Grantee, to the extent allowed by
law, holds harmless Grantor and PGA VILLAGE POA from and against all losses, costs, claims,
demands, or expenses suffered by Grantor or PGA VILLAGE POA as a direct result of any
discharge onto the Easement Premises which contains any hazardous or toxic materials or
substances.
5. Warranty of Title. Grantor does fully warrant the title to the Easement
Premises and will defend the same against the lawful claims of all persons claiming by, through
or under Grantor.
6. Attorneys' Fees and Costs. Grantor and Grantee hereby agree that in the event
a party hereto is required to bring an action to enforce a provision hereof in a court of
competent jurisdiction, or employs an attorney to seek to enforce the provisions hereof, then
the prevailing party shall be entitled to recover fees and costs, including attorneys' fees,
whether those fees and costs are incurred before trial, at trial or upon any appellate levels.
This section 5 will survive any termination of this Drainage Easement.
7. Jurisdiction and Venue. Each of the parties irrevocably and unconditionally (1)
agrees that any suit, action or legal proceeding arising out of or relating to this Drainage
Easement may be brought in the courts of record of the State of Florida in St. Lucie County
or the court of the United States, southern District of Florida; (2) consents to the
jurisdiction of each such court in any suit, action or proceeding; (3) waives any objection which
it may have to the laying of venue of any such suit, action or proceeding in any of such courts;
and (4) agrees that service of any court paper may be effected on such party by mail, to the
addresses for Grantor and Grantee as provided in this Drainage Easement, or in such other
manner as may be provided under applicable laws or court rules in said state.
8. Governing Law. This Drainage Easement and all transactions contemplated by
this Easement shall be governed by, construed, and enforced in accordance with, the internal
laws of the State of Florida without regard to principles of conflicts of laws.
g: \atty\agreemnt\Reserve-Easement
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9. Counterparts. This Drainage Easement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the sam'e instrument.
10. Binding Effect. The parties hereby acknowledge and agree that this Drainage
Easement shall be appurtenant to, and for the benefit or, Grantee, shall run with the
described herein Property, and shall be binding upon and insure to the benefit of the parties,
and their respective successors and assigns.
IN WITNESS WHEREOF I Grantor and Grantee have caused these presents to be
executed on the day and year first above written.
[Execution Pages Follow]
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Page 3 of 9
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GRANTOR:
Signed, sealed and delivered
in the presence of:
RESERVE HOMES LTD., L.P., a
Delaware limited partnership
Print Name:
By: Kolter Property Development, LLC,
a Delaware limited liability company,
its general partner
Print Name:
By:
Printed Name:
Title: Manager
COUNTY OF
)
) 55.
)
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this _ day of
2004, by , as a Manager of Kolter Property Development, L.L.C., a
Delaware limited liability company, on behalf of said limited liability company in its capacity
as the General Partner of Reserve Homes, Ltd., L.P., a Delaware limited partnership, on behalf
of said limited partnership. The above-named individual [ ] is personally known to me or [ ]
produced the following as identification:
Print Name:
Commission Number:
My commission expires:
(Notary Seal)
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GRANTEE:
Signed, sealed and delivered in the
presence of:
ST. LUCIE COUNTY, a political subdivision
of the State of Florida
Printed Name:
By:
Name:
Title:
Printed Name:
ATTEST:
CLERK OF THE CIRCUIT COURT
ST. LUCIE COUNTY, FLORIDA
By:
Deputy Clerk
(SEAL)
Approved as to form and legal sufficiency
By:
County Attorney
Approved by the Board of County Commissioners,
St. Lucie County, Florida, on , 2004.
By:
g: \atty \agreemnt\Reserve-Easement
Page 5 of 9
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JOINDER OF MASTER ASSOCIATION
PGA VILLAGE PROPERTY OWNERS' ASSOCIA nON, a Florida not-for-profit
corporation, hereby joins in this Drainage Easement for the purpose of agreeing to the terms
as contained herein.
Signed, sealed and delivered
in the presence of:
PGA VILLAGE PROPERTY OWNERS'
ASSOCIA nON, INC., a Florida not-for-
profit corporation
Print Name:
By:
Name:
Title:
Printed Name:
Print Name:
(CORPORATE SEAL)
COUNTY OF
)
) 55.
)
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this _ day of
2004, by , the of PGA VILLAGE PROPERTY OWNERS
ASSOCIA nON, INC., a Florida not-for-profit corporation, on behalf of the corporation.
The above-named individual [ ] is personally known to me or [ ] produced the following as
identification:
Print Name:
Commission Number:
My commission expires:
(Notary Seal)
g: \atty\agreemnt\Reserve-Easement
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MORTGAGEE JOINDER
SUNTRUST BANK ("Mortgagee"), as holder of that certain Consolidated, Amended and
Restated Mortgage and Security Agreement and Assignment of Rents and Leases dated
October 17, 2003, recorded October 24, 2003 in Official Records Book 1828, Page 2424, of
the Public Records of St. Lucie County, Florida (the "Mortgage"), consolidating, amending and
restating the following described instruments:
a. That certain Mortgage and Security Agreement recorded July 15, 1999, in Official
Records Book 1236, page 1740, of the Public Records of St. Lucie County, Florida, from
RESERVE HOMES, LTD., L.P., a Delaware limited partnership authorized to do business
in the State of Florida, KOLTER SIGNATURE HOMES, INC., a Delaware corporation
authorized to do business in the State of Florida, and POD 31 HOMES, INC., a
Delaware corporation authorized to do business in the State of Florida, in favor of
HARBOR FEDERAL SAVINGS BANK, as modified by that certain Agreement for
Future Advances and for modification and Spread of Security Instruments recorded
in Official Records Book 1315, at Page 1226, of the Public Records of St. Lucie County,
Florida, as assigned to Mortgagee by Assignment of Promissory Note and Mortgage
recorded in Official Records Book 1828, Page 2366, of said Public Records, as further
modified by First Receipt of Future Advance and Mortgage Spreader Agreement
recorded in Official Records Book 1828, at Page 2368, of said Public Records; and,
b. That certain Mortgage executed by RESERVE HOMES, LTD., L.P., a Delaware limited
partnership in favor of Mortgagee, as recorded in Official Records Book 1745, at Page
2098, of the Public Records of St. Lucie County, Florida, as modified by First Receipt
of Future Advance and Mortgage Spreader Agreement recorded in Official Records
Book 1828, at Page 2368, of said Public Records,
hereby joins in this Drainage Easement for the purpose of consenting to the terms hereof and
for the purpose of subordinating the Mortgage to the terms of the Drainage Easement.
Signed, sealed and delivered
in the presence of:
SUNTRUSTBANK
By:
Printed Name:
Title:
Printed Name:
(CORPORATE SEAL)
Printed Name:
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COUNTY OF
)
) 55.
)
5T ATE OF FLORIDA
The foregoing instrument was acknowledged before me this _ day of
2004, by , as of 5UNTRU5T BANK, a state bank
organized under the laws of Georgia, on behalf of said bank. The above-named individual [ ]
is personally known to me or [ ] produced the following as identification:
Print Name:
Commission Number:
Commission Expires:
(NOTARIAL 5EAL)
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Exhibit "A"
Legal Description of the Easement Premises
All of Water Management Tracts A, Band C as shown on the plat of The Lakes At PGA Village,
as recorded in Plat Book 43, Page 32 of the Public Records of St. Lucie County, Florida.
TOGETHER WITH;
All of Water Management Tracts 1 and 2 as shown on the plat of PGA Commerce Center At
The Reserve as recorded in Plat Book 37, Page 6 of the Public Records of St. Lucie County,
Florida.
TOGETHER WITH;
The non-exclusive right of drainage through any pipes, culverts, ditches, lakes, swales or other
drainage structures, which Grantor and/or Joinder have an interest as permitted by South
Florida Water Management District Permit No. 56-00674-5
g: \atty\agreemnt \Reserve-Easement
Page 9 of 9
·
AGENDA REQUEST
....,
ITEM NO.
C2B
.,
DATE: October 12,2004
REGULAR [ )
PUBLIC HEARING [ )
CONSENT [XX)
TO:
BOARD OF COUN1Y COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT.): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT: South 25th Street Roadway Widening
Midway Road to Edwards Road
Engler - Tax LD. No. 2429-441-0003-000/9 - Parcels 109 & 722
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 Contract for Sale and Purchase with Carmen and Nancy
Engler in the amount of NINETEEN THOUSAND AND FIF1Y and nol100 DOLLARS ($19,050.00) as
shown on the attached sketch and legal description, authorize the Chairman to execute the Contract
and direct staff to close the transaction and record the documents in the Public Records of St. Lucie
County, Florida.
'~~
APPROVED [ ) DENIED
OTHER:
Approved 5-0
COMMISSION ACTION:
[XX] County Attorney: '\~ *' 0 J 11'\
[XX] Originating Dept.: .:f 1"1--1.-
Review and Approvals
[XX] Public Works Director:~'\
] Road & Bridge:
[XX] County Engineer:
µv?
[ ]OMB:
Finance: (Check for Copy only, if applicable) Eff. 5/96
G:\ACQ\WP\JoAnn\25th Street\Engler\Agenda Request.wpd
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,-
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
DATE:
October 12, 2004
SUBJECT:
South 25th Street Roadway Widening
Midway Road to Edwards Road
Engler - Tax I.D. No. 2429-441-0003-000/9 - Parcels 109 & 722
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 May 5, 2003, an initial offer was made to the owner's in the amount of $7,600.00 for the above
referenced parcels ($7,500.00 for Parcel 109 and $100.00 for Parcel 722). Due to the passage of time,
an updated offer was made on June 24, 2004 in the amount of $12,000.00. The offer amounts were
based on an approved appraisal report prepared by Daniel D. Fuller, MAI, which were reviewed and
approved by Daniel K. Deighan, MAI, as required by the Department's procedures.
The acquisition area of Parcel 109 consists of a 15' strip taking along the owner's frontage of South 25th
Street containing 1,710 square feet. Parcel 722 is a 217 square foot Temporary Easement that is
needed for tying in and harmonizing the existing driveway with the new road improvements. The
property is improved with a residential structure, however there are no building improvements within
the acquisition areas.
On September 15, 2004, the owner's submitted a counteroffer in the amount of $19,050.00, which
includes $4,500.00 for attorney fees. The net counteroffer of $14,550.00 represents an increase of
$2,550.00 over the County's updated offer amount.
The $2,550.00 increase is based on a contractor estimate presented by the owner's for 30 loads of fill
at $85.00 per load, which will provide the Engler's a berm along South 25th Street. It is the owner's
opinion that the berm will provide them additional privacy and reduce the noise from vehicle traffic.
Please note that the owner's will be responsible for constructing the berm on their property.
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Page 2
Engler - Tax LD. No. 2429-441-0003-000/9 - Parcels 109 & 722
It should be noted that the parcels are being acquired in accordance with the Department's procedures,
which by Florida law entitles the property owner to certain rights including the reimbursement for
attorney fees and other expert fees that the owner would incur associated with the County's
acquisition.
The owner's attorney, John T. Brennan, submitted an invoice of $4,500.00 for representing the
Engler's, which appears to be reasonable since he has been communicating with the County in this
matter for the past two years. If the owner's or Mr. Brennan retained a real estate appraiser, their
fees would likely exceed the $2,550.00 difference.
Based on past experience, the County Attorney estimates the County could incur fees and expert
witness costs of approximately fifteen thousand and 0/100 ($15,000.00) dollars to thirty thousand and
0/100 ($ 30,000.00) dollars even in the best-case situation where a jury agreed with the County's value.
Under Florida law, the County cannot file an offer of judgment any sooner than 120 days after the
defendant has files an answer. If the case proceeds to trial, the County is exposed to a possible jury
verdict in favor of the owners and additional expert fees (owner and County) and court costs. Both the
County Attorney and Mr. Mekarski recommend that the County accept the property owners'
counteroffer.
RECOMMENDATION:
Staff recommends that the Board approve the Contract for Sale and Purchase with Carmen and Nancy
Engler in the amount of NINETEEN THOUSAND AND FIFTY and no/100 DOLLARS ($19,050.00) as
shown on the attached sketch and legal description, authorize the Chairman to execute the Contract
and direct staff to close the transaction and record the documents in the Public Records of St. Lucie
County, Florida.
Respectfully submitted,
r
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Daniel S. McIntyre
County Attorney
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PROJECT NAME: South 25th Street
PARCEL NAME: Engler - Tax I.D. No. - 2429-411-0003-000/9 - Parcels 109/722
CONTRACT FOR SALE AND PURCHASE
FOR REAL PROPERTY
THIS AGREEMENT made this ~ay of 0 Cl'CJj;t L , 2004.
between CARMEN LOUIS ENGLER and NANCY LOU ENGLER. his wife. whose address is 3663
South 25th Street. Fort Pierce. Florida 34981, hereinafter referred to as SELLER and, ST.
LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 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"
together with all improvements and personal property located thereon as may hereinafter be
specifically described.
1. PURCHASE PRICE AND METHOD OF PAYMENT.
The full purchase price is Nineteen Thousand Fifty Dollars, ($19,050.00), determined to be the
total of the following:
Real Property (Land)
$3.300.00
Improvements Other than Buildings (described in Exhibit "B", if any)
$11.050.00
Personal Property (described in Exhibit "A". if any)
$.00
Severance Damages
$.00
Other (Temporary Construction Easement)
$200.00
Attorney's Fees to Brennan, Hayskar, et al
$4.500.00
payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and
prorations as of the date of closing.
2. EXPENSES.
Purchaser shall pay for documentary stamps and recording fee 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.
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3. TITLE.
Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from
a title company of Purchaser's choice, certified to a date not earlier than the date
hereof, showing good and marketable title thereto to be vested in the Seller, free and
clear of all liens and encumbrances except those herein expressly set forth and those
which shall be discharged by Seller at or before closing. Should Purchaser find on
examination of said title commitment that Seller's title is not good and marketable,
Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller
agrees to use reasonable diligence to make same good and marketable and shall have a
reasonable time therefor, but not to exceed 45 days from the date of said notification.
If title shall not be made good and marketable within said time, all monies paid hereunder
shall forthwith be repaid to Purchaser and thereupon this contract shall become null and
void and the parties hereto released and relieved of all further rights, duties or
obligations hereunder: or, at Purchaser's option and Purchaser's request, Seller shall
deliver the title in its existing condition upon compliance by Purchaser with the terms of
the contract, and in such event Seller shall be released and relieved from any duty and
obligations to make such title good and marketable.
4. CONVEYANCE.
Seller agrees to convey title to Purchaser by a good and sufficient statutory Warranty
Deed, and if personal property is included, same shall be conveyed by proper Assignment
or Bill of Sale, all real and personal property to be free and clear of all liens, judgments,
and encumbrances except, taxes for the current year, and zoning ordinances.
5. LIENS.
All certified liens or assessments and any pending liens for which work has been completed
prior to the date of this contract, shall be paid by Seller, Seller shall make and deliver
to Purchaser a Mechanic's No-Lien Affidavit as to realty and an Affidavit as to no liens
or encumbrances of any personal property.
6. PRORA TIONS.
Taxes, rents, interest and other expenses or revenue of said property shall be prorated
from the cash to close as of the date of closing. Credits and charges for the day of
closing shall belong to and be borne by the Seller.
7. RISK OF LOSS.
Seller assumes risk of any and all loss or damage prior to closing and the property shall
be conveyed in the same condition as on the date of this contract, ordinary wear and tear
excepted.
2
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8. POSSESSION.
Seller shall deliver possession to Purchaser at the closing.
9. CLOSING.
The closing shall be on or before DECEMBER 31. 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.
10. PLACE OF CLOSING.
Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall
notify Seller in writing of same at least seven (7) days prior to closing.
11. ATTORNEY'S FEES.
Either party failing to comply with the terms hereof will pay all expenses, including a
reasonable attorney's fee, incurred by the other party because of that failure.
12. MISCELLANEOUS.
Written provisions shall control all printed provisions in conflict therewith. This contract
embodies the entire agreement of the parties and may not be altered or modified except
by an instrument in writing signed by the party against whom the enforcement of any
alterations or modifications is sought.
13. DEFAULT.
If Seller fails to perform hereunder without fault of the Purchaser, all monies paid
hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby
waive any right or remedy he may have because of such default of Seller. If Purchaser
fails to perform hereunder without fault of Seller, all monies paid hereunder may be
retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed
by law and this contract shall there upon terminate.
14. DEED RESTRICTIONS.
Seller warrants that there are no deed restrictions which are coupled with a reverter or
re - entry clause and that title is not based upon a tax deed, or if based upon a tax deed,
that the title has been duly quieted by suit.
15. ASSIGNMENT.
This contract is freely assignable by the Purchaser, but no such assignment is binding upon
3
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Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the
assignor shall be relieved of all liabilities under this contract.
16. DISBURSEMENT OF PROCEEDS.
The Purchaser has elected to have the closing processed through the office of the Title
Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement
so as to bring the transaction under Section 627.7841, Florida Statutes, to assure
coverage of the period from the commitment to deed recording, provided delivery of the
deed and payment of the purchase price occur in the same day at the same time.
17. RECISION.
Purchaser may rescind this contract if at the time of closing the Seller is the subject of
any insolvency, receivership or bankruptcy proceedings, or is deceased.
18. EXISTING MORTGAGES.
Seller hereby warrants that existing mortgages are in good standing and Seller further
agrees to keep them in good standing and to make all payments due thereunder; he shall
either satisfy the mortgage or obtain a release of the subject property from the mortgage
at or before closing.
19. REFUSAL OF SPOUSE.
Failure or refusal of the wife or husband of anyone of the Sellers to execute the deed
or any other required document, shall be deemed default of the Seller.
20. OFFER TO SELL.
Seller and Purchaser recognize and agree that by signing this agreement first, the Seller
is offering to sell the property described 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.
21. SELLER I S REPRESENTATIONS.
(a) Annexed hereto and made a part hereof as Exhibit "c" is a list of all leases,
tenancies, and occupancies affecting the rent, expirations, and security deposit if
any, with respect to each such tenancy or occupancy, which Seller warrants and
represents is true and correct. There are no other leases, occupancies, or
tenancies except as reflected in said Schedule, and none will be agreed to prior to
closing without Purchaser's consent. True and correct copies of all said leases, if
any, have been delivered to Purchaser, and Seller warrants there are no
modifications thereof. Unless otherwise reflected on said Exhibit "C", alterations,
installations, and other work required to be performed by the Seller under the
4
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provisions of any such lease, tenancy or occupancy have been or will, by the date
of closing, be completed and fully paid for. No brokerage commission is now due
and unpaid in connection with any lease, tenancy, or occupancy or any renewal
thereof, nor with any other matter pertaining to the subject property and upon the
closing date no such commission shall be due and unpaid.
(b) Neither Seller nor the respective tenants nor parties to any of the agreements
listed in Exhibits "C" or "D" attached hereto are in default under the terms of said
Agreement of instrument.
(c) 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 "D" attached hereto made a part thereof. Each and every such contract
or other instrument listed in Exhibit "D" is a valid, bona fide, and binding
agreement entered into by the parties hereof, effected in good faith in an arms-
length transaction. True and correct copies of said instruments ~ave been
delivered to the Purchaser, and the Seller represents that there are not now and
will not be at the date of closing, amendments or modifications or any waiver by
any party of any of the provisions thereof.
(d) None of the tenants on the premises have been given any concession or
consideration for the rental of any space applying to any period after the closing:
and no tenants are entitled to any concessions, rebates, allowances or free rent
for any period after the closing hereunder.
(e) Seller warrants and represents that no other agreements concerning employees
engaged in the operation and maintenance of the subject property or employment
contracts exist, except as set forth in Exhibit "E" attached hereto, copies of
which agreements have been delivered to the Purchaser.
(f) Annexed hereto and made a part hereof as Exhibit "F" is a list of all policies of
insurance now in full force and effect with respect to the property giving the
company, amount and type of insurance, policy expiration date, premium and other
relevant information delivered to Purchaser true and accurate copies of all said
policies and the premium shall be prorated as of the date of closing.
(g) 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 of agreement pertaining to the subject property without the written
consent of Purchaser.
(h) 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
5
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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.
(i) 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 thereto
and Seller has received no notice of any such violation. Seller shall deliver to
Purchaser any such notice received prior to or after closing.
If any of the representations of Seller contained in this paragraph are inaccurate
at the present time or as of the date of closing, Purchaser may elect not to close
this transaction in which event all parties shall be relieved from all obligations and
liabilities hereunder; provided however, that nothing contained herein shall preclude
Purchaser from seeking specific performance of Seller's obligations hereunder so
as to rectify any misrepresentation made by Seller herein.
22. COMPLIANCE WITH ENVIRONMENTAL LAWS.
In the event that, between the effective date of this Contract and the closing of the
transaction contemplated herein, environmental contamination of the Property has resulted
or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract
without further liability. Should the Purchaser elect not to terminate this Contract,
Purchaser shall be entitled to an appropriate adjustment in the purchase price based upon
the estimated cost of clean up of the environmental contamination. In the event that
environmental contamination is discovered after closing, Seller shall remain obligated, with
such obligation to survive delivery of the deed and possession, to diligently pursue and
accomplish the clean up of any environmental contamination where theevent(s) alleged to
have caused the contamination occurred prior to closing in a manner consistent with all
applicable laws, rules, regulations and ordinances and at Seller's sole cost and expense.
In addition, Seller represents that the ground water in Sellers cone of influence is not
contaminated.
Seller shall indemnify and save harmless and defend Purchaser, its officers, servants,
agents and employees from and against any and all claims, suits, actions, damages,
liabilities, expenditures or causes of action of whatsoever kind arising from the
environmental contamination. Seller shall defend, at its sole cost and expense, any legal
action, claim or proceeding instituted by any person against the Purchaser as a result of
any claim. suit, or cause of action for injuries to body, life, limb or property for which
the environmental contamination is alleged to be a contributing legal cause. Seller shall
save the Purchaser harmless from and against all judgments, orders, decrees, attorney
fees, costs, expenses and liabilities in and about any such claim, suit, investigation or
defense thereof, which may be entered, incurred or assessed as a result of the
foregoing.
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23. CONFLICT OF LAWS.
The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall
be determined pursuant to the Laws of the State of Florida.
The covenants herein shall bind and the benefits and advantages shall inure to the
respective heirs, executors, administrators and successors or the parties hereto.
Whenever used, the singular shall include the plural, and the plural the singular and the
use of any gender shall include all genders.
IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals.
EXECUTED by SELLER this _ day of
,2004.
(L~~~
Carmen Louis Engler
)\(A~ k
Nancy Lou Engler
8r¿þ
--
ST A TE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this .1/ ~y of ð~
2004, by Carmen Louis Engler and Nancy Lou Engler. his wife, who is personally known to me or
who has produced a Drivers License issued within the last five years as identification.
~au~
Notary Public ~
(NOT ARY PUBLIC)
SEAL
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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
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EXHIBIT "A"
LEGAL DESCRIPTION
Page 1 of 2
LEGAL DESCRIPTION - PARCEL 109
BEl NG A PORT ION OF THE SOUTH I 10 OF THE NORTH ~ 95 FEET OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
29, TOWNSHIP 35 SOUTH, RANGE ~O EAST, ST. LUCIE COUNTY,
FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND NAIL (PLAIN) AT THE EAST QUARTER
CORNER OF SAID SECTION 29; THENCE SOUTH 0000A'20" EAST,
A DISTANCE OF 1 ,694.08 FEET, ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 29, (BEARINGS ARE BASED
ON SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 29
AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO);
THENCE SOUTH 89°55'~0" WEST DEPARTING SAID EAST LINE OF THE
SOUTHEAST QUARTER OF SECTION 29, A DISTANCE OF ~O.OO FEET
TO THE INTERSECTION THEREOF WITH THE EXISTING WEST RIGHT
OF WAY LINE OF STATE ROAD 615 (SOUTH 25TH. STREET)
TOGETHER WI TH THE NORTH LINE OF SAI D SOUTH I 10 FEET OF THE
NORTH 495 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF· SECT ION 29. SAI D I NTERSECT ION ALSO BE I NG THE
POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL 109;
THENCE SOUTH 00°04'20" EAST, ALONG SAID WEST RIGHT OF WAY·
LINE, A DISTANCE OF 110.06 FEET TO THE INTERSECTION
THEREOF WI TH THE SOUTH LINE OF SAI D SOUTH I 10 FEET OF THE
NORTH 495 FEET OF THE SOUTHEAST QUARTER OF .THE SOUTHEAST
QUARTER OF SECTION 29; THENCE SOUTH 88°04'25" WEST, ALONG
SAID SOUTH LINE, A DISTANCE OF 15.~0 FEET; THENCE
NORTH 00°13'19" WEST, A DISTANCE OF 110.05 FEET TO A
POI NT ON SAI D NORTH LINE OF SAI D SOUTH I 10 FEET OF THE
NORTH 495 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 29; THENCE NORTH 88°04'25" EAST, ALONG
SAID NORTH LINE. A DISTANCE OF 15.69 FEET TO THE POINT OF
BEGINNING.
CONTAINING A TOTAL OF 1.710 SQUARE FEET MORE OR LESS.
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EXHIBIT II A II
LEGAL DESCRIPTION
Page 2 of 2
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT IT.C.E.) 722
....,
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF
SECTION 29," TOWNSHIP 35 SOUTH, RANGE 40 EAST. ST. LUCIE
COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEST CORNER OF SAID SECTION 29;
THENCE NORTH 00°04'20" WEST ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER OF SECTION 29, A DISTANCE OF 835.83 FEET;
BEARINGS ARE BASED ON SAID EAST LINE OF THE SOUTHEAST
QUARTER OF SECTION 29 AND ALL OTHER BEARINGS SHOWN HEREON
ARE RELATIVE THERETO; THENCE SOUTH 89°55'40" WEST DEPARTING
SAID EAST LINE, A DISTANCE OF 55.46 FEET TO A POINT ON THE
WEST RIGHT OF WAY LINE FOR STATE ROAD 615 ISOUTH 25TH.
S T R E E T) AND THE PO I NT 0 F BEG] N N I NG 0 F THE F 0 L LOW I N"G
DESCRIBED TEMPORARY CONSTRUC¡ION EASEMENT 722.
THENCE NORTH 0 0 ° I 3 ' I 9" WE S T ALONG SA] D WE S T RIG H TO F WAY
L ] N E FOR STATE ROAD 6 1 5( SOU T H 25TH. STREET), A DISTANCE OF
28.00 FEET; THENCE SOUTH 89°58'16" WEST DEPARTING SAID WEST
RIGHT OF WAY LINE, A DISTANCE OF 7.76 FEET; THENCE
SOUTH 00° 13' 19" EAST, A DISTANCE OF 28.00 FEET; THENCE
NORTH 89°58'16" EAST, A DISTANCE OF 7.75 FEET TO THE
POINT OF BEGINNING.
CONTAINING A TOTAL OF 217 SQUARE FEETMDRE OR LESS.
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EXHIBIT uBu
IMPROVEMENTS OTHER THAN BUILDINGS
7 Oak Trees
5 Cabbage Palms
5 Pine Trees
Sod - approximately 1,200 square feet
Asphalt Driveway - approximately 225 square feet
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EXHIBIT "C"
SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES
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EXHIBIT "D"
CONTRACTS, LICENSES AND AGREEMENTS
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EXHIBIT "E"
OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS
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EXHIBIT "F"
POLICIES OF INSURANCE
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St Lucie County
INTERNATIONAL AIR
on Florldå's Treåsure Cœst
AGENDA REQUEST
ITEM NO. C - 3-
DATE: October 12,2004
REGULAR [ ]
PUBLIC HEARING [
CONSENT [X ]
PRESENTED BY:
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Airport Paul Phillips
SUBJECT: Proposed Parallel Runway Design - Florida Department of Transportation (FDOT)
Supplemental Joint Participation Agreement (JP A) Grant Acceptance
BACKGROUND: This agenda item is a funding request to design and construct the Proposed Parallel
Runway 9L127R at St. Lucie County International Airport. Funding for this project consists of funds in the
amount of$13,868.00 from the Florida Department of Transportation (FDOT), $13,868.00 of airport funds,
and $527,000 from the Federal Aviation Administration (FAA) making a project total of $554,737.00.
Funds of$13, 158.00 have been approved for this project in May of2004. This supplemental is for $710.00
to bring the project total from FDOTto $13,868.00. This $710.00 increase is due to the FAA providing an
additional $27,000.00 from the proposed amount of $500,000.00 and the FDOT match for these added
funds is $710.00 as is the local match $710.00.
As you may note, due to federal legislative changes, the allocations required for matches offederal grants
have changed. The FAA now provides 95% of the funding required for eligible projects. This leaves a
local and FDOT funding requirements of a total of 5%, with each agency providing 2'i'2% of the project's
cost. This is a change from the previous funding allocation of90% FAA funds, 5% FDOT funds, and 5%
of local funding required for each project.
On June 19,2001, the Town ofSt. Lucie Village approved the construction of the proposed parallel runway
9L127R at the Airport. On June 21, 2001, the Airport Master Plan Study Group approved the concept of
the Parallel Runway 9L127R.
FUNDS AVAILABLE IN ACCT#: Matching funds of $710.00 are available in the Airport Reserve
account. (140-4210-599300-400).
PREVIOUS ACTION: N/A
RECOMMENDA nON: Staff recommends that the Board accept the Florida Department ofT ransportation
(FDOT) Supplemental Joint Participation Agreement (JP A), and authorize the Chair to execute the JP A
and Resolution 04-289 authorizing the Chair to sign the agreement. This FDOT grant provides for
$13,868.00 of the $554,737.00 project total.
COMMISSION ACTION:
r~PPROVED [ ]DENIED
X Approved 5-0
[ ]OTHER:
Reviews & Approvals Q, ./,' ,
County Attome : J~ OMB \~\tV --{ì\\'(\~,,\ Purchasing
Airport: . , . )\ Other: Other:
Finance:(C ec for Copy only, if applicable)
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RESOLUTION NO. 04-289
A RESOLUTION ACCEPTING THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION PUBLIC
TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (FIN. PROJ. NO. 236686-1-94-01) FOR THE
PROPOSED PARALLEL RUNWAY DESIGN AT THE ST. LUCIE
COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING
THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND
FURTHER AUTHORIZING THE COUNTY ATTORNEY TO
EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM
AND CORRECTNESS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. The Florida Department of Transportation has awarded the County funding
for the Proposed Parallel Design at the St. Lucie County International Airport (Fin.
Proj. No. 236686-1-94-01).
2. The Board should authorize and approve execution of the Public
Transportation Supplemental Joint Participation Agreement with the State of Florida
Department of Public Transportation for the above-referenced project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida:
1. The Board hereby accepts and approves the Public Transportation
Supplemental Joint Participation Agreement with the State of Florida (Fin. Proj. No.
236686-1-94-01) to provide funding for the Proposed Parallel Design at the St. Lucie
County I nternational Airport.
2. The Board hereby authorizes the Chairperson to execute the above-
referenced agreement and further authorizes the County Attorney to execute the
agreement by approving it as to form and correctness.
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After motion and second, the vote on Resolution 04-289 was as follows:
Chair Paula Lewis XXX
Vice-Chairman John D. Bruhn XXX
Commissioner Frannie Hutchinson XXX
Commissioner Doug Coward XXX
Commissioner Cliff Barnes XXX
PASSED AND DULY ADOPTED this day of
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRPERSON
APPROVED AS TO F,ORM AND
CORRECTNESS:
COUNTY ATTORNEY
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FORM 725-030-07
PUBLIC TRANSP ADMIN
OOC-ΠKJ2
Page 1 of 4
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Fund: OS Function: 637 FLAIR Approp: 088719
Federal No: FLAIR Obj.: 750004
Catalog of Federal Domestic Assistance Org. Code: 55042010428
Number: Vendor No.: VF596000835030
FM No: 236686-1-94-01
Job No:
Contract No: ANL67
THIS AGREEMENT, made and entered into this _ day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 27th
entered into a Joint Participation Agreement; and
of Mav
2004
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto;
and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a
total Department Share of $ 13.868.00
NOW, THEREFORE THIS IND.ENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from
each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and
supplemented as follows:
1.00 Project Description: The project description is amended N/A
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FORM 725-030-07
PUBLIC TRANSP ADMIN
OOC .JJ71Cf2
Page 2 of 4
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased/docroasod by $ 28.421.00
revised total cost of the project to $ 554.737.00
bringing the
Paragraph 4.00 of said Agreement is increased/decroacod by $ 710.00
revised share in the project to $ 13.868.00
bringing the Department's
3.00 Amended Exhibits:
Exhibit(s) B
of said Agreement is (are) amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of said Agreement is amended N/A
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- FORM 725-030-07
PUBLIC TRANSP ADMIN
OGC - 08/99
Page 3 of 4
FM No. 236686-1-94-01
Contract No. ANL67
Supp. Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated
Mav 27.2004 and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first
above written.
AGENCY
FDOT
st. Lucie County Board of County
Commissioners
COMPTROLLER FUNDING APPROVAL
DATE:
BY:
ATTORNEY .
DEPARTMENT OF TRANSPORTATION
TITLE:
DIRECTOR OF TRANSPORTATION
DEVELOPMENT
ATTEST:
TITLE:
(SEAL)
ATTEST:
TITLE:
(SEAL)
APPROVED AS TO FORM, LEGALITY
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FORM 72~7
PUBLIC TRANSP ADMIN
OGC - 08199
Page 4 cf4
FM No. 236686-1-94-01
Contract No. ANL67
Supp. Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL AGREEMENT
This Attachment forms an integral part ofthat certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and .
S1. Lucie County Board of County Commissioners
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change): To match the increased amount of FAA
funding received.
I. PROJECT CO ST: Approved Net Change Amended
$526,316 $28,421 $554,737
II. PARTICIPATION: Approved Amended Approved Net Change Amended
Department'** 2.5% 2.5% $13,158 $710 $13,868
FAA 95.0% 95.0% $500,000 $27,000 $527,000
Local 2.5% 2.5% $13,158 $710 $13,868
III. TOTAL PROJECT COST: 100.0% 100.0% $526.316 $28,420 $554,737
RECYCLED PAPER
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AGENDA REQUEST
ITEM NO. 4/\
DATE: October 12] 2004
REGULAR []
PUBLIC HEARING []
CONSENT [X]
TO:
Board of County Commissioners
SUBMITTED BY WEPT):
Administration
SUB1ECT:
BACKGROUND:
Acceptance of Road Improvement Contribution fro Savanna Club Joint Venture.
On June 22] 2001 staff sent a letter advising American Land Lease that payment in lieu of
construction of a segment of Lennard Road in the Savanna Club development was acceptable.
This Development order # 15 requirement change was recommended after receiving a Savanna
Club Homeowners Association request.
On September 9] 2003 the Board of County Commissioners approved the modification to
Development Order #lS allowing for payment in lieu of construction of a segment of Lennard
Road.
On September 29] 2003 Culpepper and Terpening] Inc. certified that the project related
utilization of Lennard Road Segment required by Development Order #lS at 34.S%.
On December 22] 2003 Savanna Club joint ventures provided the financial basis for site related
and non-site related costs. Based on these calculations] the County received a check in the
amount of $240,000 in August 2004. The balance of $378]728 reflects non-site related
improvements which] will be secured with a letter of credit. Impact Fees will be credited to the
developer for non-site related projects
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board accept $240]000 for the developers share of Lennard Road
construction and a Letter of Credit in the amount of $378/728 for non-site related
improvements. Impact Fees will be credited for the non-site improvements.
COMMISSION ACTION:
II APPROVED [] DENIED
~ OTHER:
Douglas . Anderson
County Administrator
Item pulled tor additional
traffic studies,
Review and ADDrovalsa /' ¢.A /YJv¡rn('£\
County Attorney: 24 Manage~ent & Budget:~f(pllJ
Originating Dept: _ Other: /it"? ..1R~·
Finance: (Check for Copy only, if applicable) r ,
Purchasing:
Other:
Effective: S/96
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AGENDA REQUEST
ITEM NO. 4-B
DATE: October 12,2004
REGULAR
PUBLIC HEARING
CONSENT [X]
TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ~~ ~
SUBMITTED BY: ADMINISTRATION/MEDIA PRESENTED BY: SHANE DEWITT
SUBJECT: Revision to Fleet Replacement Program
BACKGROUND: For FY05, the BOCC approved an E350 Cargo Van for SLCTV/Media on the Fleet
Replacement Plan in the amount of $20,000. SLCTV/Media is requesting to revise the Plan to purchase a
Ford Expedition-SUV in place of the Cargo Van at a cost of $22,000. This vehicle change is needed to
carry equipment for field productions and/or passengers for travel. The SUV will be more maneuverable
than a large van and more economical. The additional expense of $2,000 is requested to be used from the
FY05 Fleet Replacement Funding.
FUNDS AVAILABLE: 316-1930-564000-100 County Capital
PREVIOUS ACTION: Fleet Replacement Plan approved during the FY05 Budget hearings.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve the revision
of the Fleet Replacement Plan to change the Cargo Van for Media Relations to a SUV and approve the
additional $2,000 expense from the Fleet Replacement Funds.
COMMISSION ACTION:
[ ] APPROVED [] DENIED
[X] OTHER:
Item pulled tor additional
equipment evaluation.
glas M. Anderson
County Administrator
Coordination/Signatures
County Attorney:xx
Management & Budget:
Purchasing:
Originating Dept:
Public Works:
Other:
Finance: (Check for Copy only, if applicable) ~.
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AGENDA REQUEST
ITEM~O. ~- 5A
DATE: October 12, 2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): ENGINEERING DEPT
PRESENTED BY:
Michael V. Powley,
County Engineer
SUBJECT:
Green Acres MSBU
Interlocal Agreements with the Property Appraiser and Tax Collector
BACKGROUND:
See attached memorandum
FUNDS AVAIL.
N/A
PREVIOUS ACTION:
August 17, 2004 - The Board created the Green Acres MSBU and
authorized the County Engineer to proceed with engineering and design of
the project.
RECOMMENDATION:
Staff recommends that the Board approve the Interlocal Agreements and authorize the Chairman to sign
the Agreements.
[yJ APPROVED [] DENIED
rl OTHER:
Approved 5-0
D as M. Anderson
County Administrator
COMMISSION ACTION:
Coordlnatlon/Slanatures
Ix]County Attorney
Ix]Public Works Dir
I ]Finance
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COMMISSION REVIEW: October 12, 2004
ENGINEERING MEMORANDUM NO. 04-176
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Mike Powley, County Engineer /;tvP
September 30, 2004
Green Acres MSBU
Interlocal Agreements with the Property Appraiser and Tax Collector
BACKGROUND
Attached are copies of the I nterlocal Agreements with the Property Appraiser and Tax
Collector for the referenced Municipal Service Benefit ("MSBU"). The Agreement
with the Property Appraiser allows for the Property Appraiser to provide the County
with certain information and for the County to reimburse the Property Appraiser for
their necessary administrative costs incurred under Section 197.3632, Florida
Statutes (2003). The Agreement with the Tax Collector allows the County to
reimburse the Tax Collector for their necessary administrative costs incurred under
Section 197.3632, Florida Statutes (2003). Both Agreements are required by
Chapter 197, Florida Statutes which gives the authority to create MSBUs.
RECOMMENDATION
Staff recommends that the Board approve the Interlocal Agreements and authorize
the Chairman to sign the Agreements.
BP
cc: Staff Concurring
Property Appraiser
Tax Collector
G\eng\msbu\msbuword\msbuprojects\greenacres\aga-patc.doc
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INTERLOCAL AGREEMENT
GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT
THIS INTERLOCAL AGREEMENT is made and entered into this day of
,20_, by and between the BOARD OF COUNTY COMMISSIONERS
FOR ST. LUCIE COUNTY, FLORIDA (the "County1l) and JEFF FURST, as St. Lucie
County Property Appraiser (the" Property Appraiser1l).
WHEREAS, the County intends to levy non-ad valorem special assessments against
certain properties within the Green Acres Municipal Services Benefit Unit (the "Green
Acres MSBU ") in unincorporated St. Lucie County for the purpose of funding a project to
provide potable water to the properties within the Green Acres MSBU; and
WHEREAS, the County intends to use the uniform method for the levy, collection
and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida
Statutes (2003); and
WHEREAS, the County and the Property Appraiser have agreed to enter into a
written agreement whereby the Property Appraiser will provide the County with certain
information and the County will reimburse the Property Appraiser for his necessary
administrative costs incurred under Section 197.3632, Florida Statutes (2003) in providing
this information related to the Green Acres MSBU.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the parties agree as follows:
1. GENERAL.
This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida
Statutes (2003). This Agreement embodies the whole understanding ofthe parties. There
are no promises, terms, conditions, or obligations other than those contained herein, and
this Agreement shall supersede all previous telecommunications, representations, or
agreements, either verbal or written, between the parties hereto.
2. PROPERTY APPRAISER.
Annually prior to June 1, the Property Appraiser shall provide the County with the
information described in Section 197.3632 (3) (b), Florida Statutes (2003), for the Green
Acres MSBU. This information shall be provided by list or compatible electronic medium
and shall include the legal description of the properties within the boundaries of the Green
Acres MSBU and the names and addresses of the owners of such properties. This
information shall reference the property identification number and otherwise conform in
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format to that contained on the ad valorem roll submitted to the Florida State Department
of Revenue.
3. REIMBURSEMENT.
The County agrees to reimburse the Property Appraiser in accordance with Section
197.3632 (2), Florida Statutes (2003) for the necessary administrative costs incurred in
connection with providing the information described above. Administrative. costs shall
include but not be limited to those costs associated with personnel, forms, supplies, data
processing, computer equipment, postage, and programming. Payment by the County to
the Property Appraiser for these costs shall be made within thirty (30) days from the
County's receipt of a properly submitted invoice from the Property Appraiser.
4. NOTICE.
All notices or other communications hereunder shall be in writing and shall be
deemed duly given if delivered in person or sent by certified mail return receipt requested
and addressed as follows:
If to the County:
With a copy to:
St. Lucie County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
St. Lucie County Attorney
2.300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
If to the Property Appraiser:
With a copy to:
St. Lucie Property Appraiser
2300 Virginia Avenue
Fort Pierce, Florida 34982
Property Appraiser Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
5. FILING.
T~is Agreement and any subsequent amendments hereto shall be filed with the
Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes
(2003).
6. AMENDMENT; GOVERNING LAW.
This Interlocal Agreement may only be amended by written document, properly
authorized, executed, and delivered by both parties and filed with the Clerk of Court as
required herein. This Agreement shall be interpreted as a whole unit and all interpretations
shall be governed by the laws of the State of Florida.
THE NEXT PAGE IS THE SIGNATURE PAGE
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IN WITNESS WHEREOF the parties hereto have duly executed this agreement the
day and year noted below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES:
ST. LUCIE COUNTY PROPERT
APPRAIS
C't~1 ß L·-..-./\r( ^
\
BY:
~ J:2- II I CA.f
~&.L,~ì ú2U; t:ð
Date:
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INTERLOCAL AGREEMENT
GREEN ACRES MUNICIPAL SERVICES BENEFIT UNIT
THIS INTERLOCAL AGREEMENT is made and entered into this _day of
20-1 by and between the BOARD OF COUNTY
COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "Countyll) and BOB
DAVIS] as St. Lucie County Tax Collector (the IITax Collectorll).
WHEREAS] the County intends to levy non-ad valorem special assessments
against certain properties within the Green Acres Municipal Services Benefit Unit (the
"Green Acres MSBUII) in unincorporated St. Lucie County for the purpose of funding a
project to provide potable water to the properties within the Green Acres MSBU; and
WHEREAS] the County intends to use the uniform method for the levy] collection and
enforcement of the non-ad valorem assessments pursuant to Chapter 197] Florida Statutes
(2003); and
WHEREAS] the County and the Tax Collector have agreed to enter into a written
agreement whereby the County will reimburse the Tax Collector for his necessary
administrative costs incurred under Section 197.3632] Florida Statutes (2003) in providing
this information related to the Green Acres MSBU.
NOW, THEREFORE] in consideration of the mutual covenant] conditions and
promises contained herein] the parties agree as follows:
1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01] Florida
Statutes (2003). This Agreement embodies the whole understanding of the parties. There
are no promises] terms] conditions] or obligations other than those contained herein] and
this Agreement shall supersede all previous telecommunications] representations] or
agreements] either verbal or written] between the parties hereto.
2. The above representations are true and correct and incorporated herein.
3. The parties agree that the County shall;
a. Provide written notice to the Tax Collector] which notice shall include a certified
copy of the Resolution creating the Green Acres MSBU.
b. Provide the Tax Collector with copies of all other resolutions relating to the Green
Acres MSBU, including but not limited to any resolution approving a special assessment
roll and authorizing a change in the amount of the special assessment levied against any
parcel of property within the Green Acres MSBU.
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c. The County shalt in writing] notify the tax collector of the representative (s)
authorized to submit a correction on DR Form 409A. The County shall also notify the tax
collector in writing] of the official authorized to submit the factors.
d. Provide the tax collector thirty (30) days prior to presentation of certified rolls]
with all proposed details regarding yearly billing] prepays] payoffs during term] payoffs
after first billing (ie; amortization) and other costs that may be added after prepays. The
parties mutually agree to negotiate a format that is acceptable to both parties. The tax
collector reserves the right to reject the proposed format of the data if it is not compatible
with the current collection system and he has not been involved in the development of the
format.
e. Certify a non-ad valorem assessment roll on compatible electronic medium to the
tax collector on or before September 15 of the first year. The assessment roll shall contain
the posting of the non-ad valorem for each parcel and contain the following information for
all real property located within the boundaries of Green Acres MSBU:
(1) the St. Lucie County Property Appraiser's parcel number;
(2) the property description: and]
(3) any other information as may be mutually agreed to.
Such roll certified to the tax collector shall be a separate
assessment roll showing the amount of the special
assessment applied to each parcel with the Green Acres
MSBU] including any parcels for which no special
assessments were levied. The certified special assessment
roll shall show the total of all special assessments for the
Green Acres MSBU. If any changes to the MSBU roll need
to be made] it shall be the responsibility of the County to
file a corrected roll or a correction of the amount of any
assessment.
f. All assessments shall become liens by operation of law as specified in Section
197.122 F.S. (2003). No liens shall be recorded outside Section 197.122 F.5.
4. The parties agree that the tax collector will collect and disburse the Green Acres
MSBU assessment for the specified term of the assessment. Specifically the tax collector
shall:
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a. Produce and pay for combined notice of ad valorem taxes and non-ad
valorem assessments pursuant to the requirements of 197.3635 F.S.
b. Collect all special assessments complying with the provisions of this
agreement] and remit the funds to the County on a monthly basis] less the deductions
allowed in paragraph 5 of this agreement.
c. Deposit all collections of special assessments in the same account used for
collection of ad valorem taxes; however] the tax collector shall provide a statement to the
County showing the amount of special assessments collected.
5. The County agrees to reimburse the Tax Collector in accordance with Sections
197.3632 (2)] and 192.091 Florida Statutes (2003) for necessary administrative costs] if any]
incurred in connection with the Municipal Services Benefit Unit. Administrative costs
shall include but not be limited to those costs associated with personnel] forms, supplies]
data processing] computer equipment] postage] and programming. The parties
acknowledge and agree that a good faith estimate of the cost of collection] based on prior
experience with like projects] exceeds two percent (2%) of the total collection. However] in
order to keep project costs as low as possible] the tax collector agrees to accept two percent
(2 %) of the collection as his reimbursement.
6. It due to unusual or extenuating circumstances] the tax collector's necessary
administration costs of performing the services required by this agreement exceed the
usual and expected compensation provided for in paragraph 5 above, the County agrees to
pay any additional sums required to fully reimburse the tax collector for his necessary
administrative costs as documented by the tax collector.
7. The parties acknowledge that the tax collector is entering this agreement without any
determination that the County is legally authorized or qualified to collect its non-ad
valorem assessments pursuant to Section 197.3632] Florida Statutes. It is understood that it
is his ministerial duty and he has no authority to refuse that duty; question compliance
with Chapter 197 Florida Statute; determine the legality of the assessment or determine the
constitutionality of any lien resulting from nonpayment of the assessment. In recognition
of all of the above] the County shall] to the extent permitted by law] indemnify and save
harmless and defend the Tax Collector] its agents] servants] and employees from and
against any and all claims] liability] losses] or causes of action which may arise from any
misconduct] improper action] negligent act or omission of the County] its servants] or
employees in the performance of services under this Agreement.
8. This agreement may be terminated by either party] without cause] upon one
hundred eighty (180) days written notice prior to November 1 of each year. Any
termination of this agreement shall not affect the tax collector's responsibilities for tax
years prior to the date of termination.
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9. Any alteration] variation] modification] extension] renewat or waiver of the
provisions of this agreement shall be valid only when reduced to writing] duly authorized
and signed by all parties. Any amendment will be entered prior to January 1 of the tax
year in which such amendment is to become effective. This agreement and any subsequent
amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to
Section 163.01 (11)] Florida Statutes (2003).
10. This agreement shall be interpreted as a whole unit and all interpretations shall be
governed by the laws of the State of Florida.
11. All notices or other communications hereunder shall be in writing and shall be
deemed duly given if delivered in person or sent by certified mail return receipt requested
and addressed as follows:
If to the County
With a copy to:
St. Lucie County Administrator
2300 Virginia A venue] Annex
Fort Pierce] Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce] Florida 34982
If to the Tax Collector:
With a copy to:
St. Lucie County Tax Collector
2300 Virginia A venue
Fort Pierce] Florida 34982
St. Lucie County Tax Collector Attorney
2300 Virginia Avenue
Fort Pierce] Florida 34982
THE NEXT PAGE IS THE SIGNATURE PAGE
4
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IN WITNESS WHEREOF the parties hereto have duly executed this agreement the
day and year noted below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES:
ST. LUCIE COUNTY TAX
COLLECTOR
9~¿ ~4#~
By: ~ ,oa-:
TAX COLLECTOR, CPA, CGFO, CFC
: }<¿{ -Lilt uJ ..fi-«-~
,
Date:
8' /LO/ of
APPROVED AS TO FORM AND
CORRECTNESS:
5
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AGENDA REQUEST
~
ITEM NO. C-5B
'"
DATE: October 12, 2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY :
SUBMITTED BY(DEPT): ENGINEERING DEPT
Michael Powley, P. .
County Engineer
SUBJECT: South 26th Street M.S.B.U.
Wastewater Improvements - FPUA
Request Permission to Advertise for the Initial Public Hearing
BACKGROUND: See attached memorandum
FUNDS AVAIL. (State type & No. of transaction or N/ A): N/ A
PREVIOUS ACTION: August 10, 2004 - Board approved a monetary contribution in the amount
of $118,000.00
RECOMMENDATION:
Staff recommends that the Board accept the Petition and grant permission to advertise an
Initial Public Hearing to be held on November 9th to consider creating the South 26th Street
MSBU.
00 APPROVED [ ] DENIED
[ ] OTHER: Approved 5-0
Douglas M. Anderson
County Administrator
COMMISSION ACTION:
Coordination/Sianatures
:J- [x]County Attorney /Ij ~
~\
[x]Public Works Dir .
I
[]Mgt. & Budget
[x]MSBUCoor ~
[ ]Purchasing
D Utilities Dir
[ ]Finance
... -......
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COMMISSION REVIEW: November 9, 2004
ENGINEERING MEMORANDUM
No: 04-175
TO: Board of County Commissioners
FROM: Michael Powley, P.E., County Engineer ¡\;t~/P
DATE: October 8, 2004
SUBJECT: South 26th Street M.S.B.U. - Wastewater Improvements ( FPUA)
Request Permission to Advertise for the Initial Public Hearing
BACKGROUND
For more than ten years, St. Lucie County, FPUA, and the Health Department have struggled to
find the means necessary to provide wastewater improvements for this area. Failing septic
systems have caused serious illnesses. Therefore, the Health Department strongly recommends
that action be taken to provide a public sewer system (see attached letter).
The County has applied for state funding which has been unsuccessful to date. Without any
additional funding assistance, property owners within this low-income area would be subject to an
unaffordable $17,000.00 assessment. FPUA previously agreed to contribute $140,000.00 toward
an estimated project cost of $800,000.00. However, it will be necessary to locate the sewer lines
down the center of the roadways, which has increased the construction cost to over $1.3 million.
This is a low-income area and residents cannot afford this kind of assessment.
On August 10,2004, the Board allocated $118,000.00 from County contingencies to fund a portion
of the road restoration costs for roads located within the unincorporated limits of the County.
On October 7th, County staff met with the City of Fort Pierce and FPUA to request similar
contributions to the project. City and FPUA staff both agreed to take the request before their
respective Board and recommend conceptual approval to have funding available on October 1, 2005
in the following amounts:
City of Fort Pierce
FPUA
$250,000.00
$100,000.00
Next fiscal year, staff will recommend that $100,000.00 be allocated out of the FY05-06 Budget
to fund the County's remaining road restoration costs. If the City of Ft. Pierce and FPUA approve
these contributions, it would bring FPUA's total funding to $370,000.00, the City of Ft. Pierce's
monetary funding to $250,000.00, and the County's total funding to $315,761.
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Approximately one-half of the properties have already been annexed into the city limits, and all are
current FPUA water customers. The City's cost share would pay road restoration costs for
roadways within the city limits. An additional contribution by FPUA should be considered since
these residents are existing rate paying customers.
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These contributions would lower the residents total assessment from $1.3 million to $650,000.00
which would result in a per resident assessment of $8,200.00, paid over 20 years through the
State's SRF Program at an interest rate of 1.5~0. Since this project would not meet the financing
guidelines of a 10 to lloan-to-value ratio, the County would be required to secure the loan for the
entire loan term.
Later this year, St. Lucie County will re-apply for funding through the Department of Environmental
Protection's Water Project Funding Program. However, a decision will not be made until June 2005.
To gain more leverage for the grant, in October, County staff will recommend that the Board
create the South 26th Street MSBU and authorize commencement of the engineering design and
permitting. Staff anticipates that construction can begin in October 2005 if financing is in order.
Thus] we need to take whatever steps are necessary to ensure the project will be ready to start
construction in the event the grant is not approved.
The initial petition r-eceived represents only those properties lying within the unincorporated area
of the County. The petition reflects 30,"0 of unincorporated residents support the project.
However, due to potential health threats and to complete a wastewater system in the specific area,
county staff and FPUA proposed to include the remaining area of the neighborhood, which
presently lies within the city limits of Fort Pierce. The area within the city limits was initially part
of the area to obtain the improvements prior to being annexed into the city a few years ago.
Of the 79 properties included in the boundary, 77 are improved as single family or multi-family
residences. .
Staff has held two Informal Meetings with the property owners to explain the project and keep
the residents up to date on the project.
RECOMMENDA nON
Staff recommends that the Board accept the Petition and grant permission to advertise an
Initial Public Hearing to be held on November 9th to consider creating the South 26th Street
MSBU.
MP/bp
cc: Staff Concurring
Finance Director
OMB Manager
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FLORIDA DEPARTMENT OF
John O. Agwunobi, M.D., M.B.A.
Secretary
HEALT
Jeb Bush
Governor
September 13, 2002
Re: South 26th Street
To Whom it May Concern:
The Florida Department of Health/St Lucie County Health Department very strongly supports a
Municipal Services Benefit Unit to expand public sewer service into the portion of Marion
Heights subdivision bounded by South 25th Street on the east, South 29th Street on the west,
North Cortez on the south, and Stanton Avenue on the north. This has been a health concern
of this Department since 1993 when we began investigating reports of gastro-intestinal illnesses
in that area. The area of concern was originally larger by two blocks stretching on the west to
South 31st Street but was reduced by purchases of the neighboring community college making
state funding for this purpose unavailable.
This office originally responded to residents' complaints in September 1993 (SN 93-256) about
possible wastewater on the surface of the ground. Investigators found the residents, primarily
renters, pumping human waste and liquids from septic systems into shallow drainage structures
along the rear lot lines to enable them to flush their toilets. There was an additional concern in
that the structures' water meters are located in those swales and were often submerged in this
wastewater, raising the possibility that a loss of pressure would cause a backflow of
contaminants into the water system. Further inspections found most of the lots in this
neighborhood to be saturated or have puddles of standing effluent. In some cases these areas
overflowed onto walkways and into streets. In almost all cases there existed a significant
malodorous condition.
Formal surveys conducted in throughout the neighborhood found 10 of 16 responding
households (approximately 12 children and 14 adults) had at least one or more family members
frequently experiencing symptoms of gastro-enteritis including clay colored stool, painful
bloating, diarrhea, vomiting and abdominal cramps. All the respondents indicated the inability
to flush toilets, flooded or saturated yards and strong offensive odors after heavy or prolonged
rains. Efforts to confirm specifics through stool samples were unsuccessful because residents
in this primarily rental area were worried about retaliation.
Sampling for fecal streptococcus, an indication of contamination with human waste, from rear
yards and sidewalks found counts ranging from 100,000 to 1,000,000 colonies per 100
millimeters of liquid. In dry weather standing water in curb drainage was tested and found to
have 25 times the acceptable limit of fecal streptococcus of 4.5 colonies.
Environmental Health Division
5150 NW Milner Drive. Port St. Lucie FL 34983
(772) 873-4931 . Fax (772) 873-4893
http://www.stluciecountvhealth.com
., .
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South 26th Street
Page 2
We determined the area to be a sanitary nuisance as defined by Chapter 386.041 (1 )(b),
(e), Florida Statute, constituting a condition injurious to public health.
The remedies available were to order every septic system into current code compliance
at a cost of $2,000-3,000 each. Another alternative was local taxing area that would
extend into the neighborhood the available public sewers that abutted the area.
In January 1994 this office enlisted the aid of the St. Lucie County Commission to
establish a Municipal Service Taxing Unit. We have documentation that many of the
property owners favored this remedy. The project was also presented for a Community
Development Block Grant (CDBG) to expand the sewer system and assist in
connections. Unfortunately both proposals were unsuccessful. The area was
subsequently proposed to receive another CDBG but by this time the area had been
reduced by the community college purchase noted above and no longer met the size
criteria.
This office is aware of a related civil suit brought by a resident of this area in 1996 but
we are unaware of its outcome, if any.
Our research found that when this area was developed in the early 1960's it was
considered by the locals to be a pond area. State septic tank construction codes at that
time required only a 12-inch separation from the bottom of the drainfield to the estimated
wet season water table. Health department records and documentation for this time
period were sketchy but it is doubtful that the single inspector serving St Lucie, Martin
and Indian River Counties was able to inspect all installations for compliance.
The situation continues to exist that sustained or heavy rains bring the groundwater to
the surface throughout the neighborhood and with it effluent from the septic systems.
Two long time property owners who reside in this area confirmed this had been the case
since the neighborhood was built. Humans and pets track the wastewater into homes
contaminating floors, carpets, and furniture, items that come in contact with these areas.
Additional personal contact is made through removing wet shoes and damp clothing, an
activity not customarily followed by hand washing. This raises the very real possibility of
Hepatitis A, salmonella, shigellosis, rotaviruses, amoebiasis and any number of oral-
fecal route diseases. Since our surveys revealed a large number of recent immigrants
from Latin America our concerns included intestinal parasites that may be endemic to
their countries.
The transient nature of the neighborhood, the reticence of the renters, the changing
political situation, and other issues has made pursuit of this issue extremely difficult.
Periodic visits by health department staff confirm the situation still exists mitigated only
by several years of drought. Since this office is mandated by statute to issue permits for
the repair or replacement of all septic systems in the county, we know the problem has
not been remedied through those actions.
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South 26th Street
Page 2
We determined the area to be a sanitary nuisance as defined by Chapter 386.041 {1 )(b),
(e), Florida Statute, constituting a condition injurious to public health.
The remedies available were to order every septic system into current code compliance
at a cost of $2,000-3,000 each. Another alternative was local taxing area that would
extend into the neighborhood the available public sewers that abutted the area.
In January 1994 this office enlisted the aid of the St. Lucie County Commission to
establish a Municipal Service Taxing Unit. We have documentation that many of the
property owners favored this remedy. The project was also presented for a Community
Development Block Grant (CDBG) to expand the sewer system and assist in
connections. Unfortunately both proposals were unsuccessful. The area was
subsequently proposed to receive another CDBG but by this time the area had been
reduced by the community college purchase noted above and no longer met the size
criteria.
This office is aware of a related civil suit brought by a resident of this area in 1996 but
we are unaware of its outcome, if any.
Our research found that when this area was developed in the early 1960's it was
considered by the locals to be a pond area. State septic tank construction codes at that
time required only a 12-inch separation from the bottom of the drainfield to the estimated
wet season water table. Health department records and documentation for this time
period were sketchy but it is doubtful that the single inspector serving St Lucie, Martin
and Indian River Counties was able to inspect all installations for compliance.
The situation continues to exist that sustained or heavy rains bring the groundwater to
the surface throughout the neighborhood and with it effluent from the septic systems.
Two long time property owners who reside in this area confirmed this had been the case
since the neighborhood was built. Humans and pets track the wastewater into homes
contaminating floors, carpets, and furniture, items that come in contact with these areas.
Additional personal contact is made through removing wet shoes and damp clothing, an
activity not customarily followed by hand washing. This raises the very real possibility of
Hepatitis A, salmonella, shigellosis, rotaviruses, amoebiasis and any number of oral-
fecal route diseases. Since our surveys revealed a large number of recent immigrants
from Latin America our concerns included intestinal parasites that may be endemic to
their countries.
The transient nature of the neighborhood, the reticence of the renters, the changing
political situation, and other issues has made pursuit of this issue extremely difficult.
Periodic visits by health department staff confirm the situation still exists mitigated only
by several years of drought. Since this office is mandated by statute to issue permits for
the repair or replacement of all septic systems in the county, we know the problem has
not been remedied through those actions.
~ .
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South 26th Street
Page 3
It is therefore the official position of the St Luce County Health Department that there
exists an ongoing sanitary nuisance posing a threat to the public health of the
community. We urge, in the strongest terms, that the proposed MSBU be adopted and
that this unacceptable situation be remedied.
Very sincerely,
lt~~ Vl).
J mes Moses, R.S.
nvironmental Manager
Florida Department of Health/St. Lucie County Health Department
Xc: D Walgren, Administrator
File
. .
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Request for Inclusion
.
CERTIFICATiON THAT THE PROJECT WILL REDUCE
A PUBLIC HEALTH HAZARD
Check the box with the appropriate description of the severity of the problem:
ø Documented health hazard.
o Potential health hazard.
Attach the following information noting that each item must be specifically addressed:
(a) Description of existing conditions
(b) Specific location of the hazard and proposed project, including a sketch or map.
(c) Extent of the hazard (for example. area involved and severity of problem).
(d) Frequency of occurrence (for example. the approximate number of days during the year that the hazard exists).
(e) Identification of the toxics, pathogens, or other contaminants causing the health hazard.
(f) Explanation of how the project will reduce the hazard.
I hereby certify that either a documented or potential public health hazard exists and that the information presented herein
and attached hereto is accurate. (Certification is required by the Director of the County Health Department.)
\:"\~-
(2)
c¡ I ;5 I () 1.-
(date)
i
\J e s H. Mas e s, R. S .
(name. typed)
Dept. of Health / St. Lucie County Health Department
(agency)
Environmental Manager
(title)
".
5150 NW Milner Drive, Port St. Lucie FL 34983
(address)
772/873.. 4931 FAX 772 f!73=4893
e-mail James Moses@doh. state. fl. us
Telephone
Hearing Draft Form 62-503.900( I)
Page 6 of6
Effective Date:
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AGENDA REQUEST
ITEM NO. C-6
DATE: OCT. 12,2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT[x]
INVESTMENT FORTHE .FUTURE
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: DON MCLAM
ASSISTANT DIRECTOR
SUBMITTED BY (DEPT): CENTRAL SERVICES
SUBJECT: JOHN BROOKS DUNE CROSSOVER f DEP AGREEMENT NO. CZ414
APPROVE AMENDMENT No.1 TO EXTEND ENDING DATE OF AGREEMENT
BACKGROUND: St. Lucie County entered into an Agreement with the State of Florida Department
of Environmental Protection on September 9th, 2003, for the construction of a dune crossover at
John Brooks Park. Due to the impact Hurricane Frances and Hurricane Jeanne has had on our
county, staff is unable to meet the original ending date of September 30th, 2004 and has requested
to extend the project ending date to December 31, 2004.
FUNDS AVAIL: 316103-7240-563000-7643 (Improvements OfT Buildings)
PREVIOUS ACTION: The Board of County Commissioners approved the grant application to the
Department of Environmental Protection Florida Coastal Management Program for John Brooks
Park on September 24th, 2002, Item No. c-3b.
RECOMMENDATION: Staff recommends the Board of County Commissioners approve
Amendment No.1 to DEP Agreement No CZ414fJohn Brooks Dune Crossover to extend the
project ending date to December 31, 2004, and authorize the Chair to sign this Amendment.
MISSION ACTION:
[)d APPROVED [] DENIED
[ ] OTHER: Approved 5-0
CE:
D nderson
County Administrator
County Attorney:
Originating D~lt~ \l,l~
ql/... -,,'
~...
Coordination/Signatures
Mgt. & Budget:
Purchasing Mgr.:
Other:
Other:
Finance: (Check for Copy only, if Applicable)
Eff. 1/97
H:\AGENDA\AGENDA-JOHN BROOKS EXTENSION.DOC
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DEP AGREEMENT NO. CZ414
AMENDMENT NO.1
TillS AGREEMENT as entered into on the 9th day of September, 2003, between the STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the
"Department") and the ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS (hereinafter
referred to as "Grantee") is hereby amended.
WHEREAS, the Grantee determines that it is necessary to extend the project period ending date to
December 31,2004;
WHEREAS, the Department acting as the Florida Coastal Management Program agrees with the Grantee
that the amendment is needed;
NOW, THEREFORE, the Agreement is hereby amended as follows:
Section (2) of the Agreement, is revised to change the ending date of the Agreement from September 30,
2004 to December 31, 2004;
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last
written below.
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
STATE OF FLORlDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By:
Chairman
By:
Sally B. Mann, Director
Intergovernmental Programs
Date:
Date:
Trenda McPherson
DEP Grant Manager
APPROVED as to form and legality:
------J ~ ~ .
~ Jq~- i{J¿~~_
DEP Attorney
cr/Þ:> ¡; éf
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Date:
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AGENDA REQUEST
ITEM NO. C-7
'"
DATE: OCT. 12,2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: DON MCLAM
ASSISTANT DIRECTOR
SUBMITTED BY (DEPT): CENTRAL SERVICES
SUBJECT: APPROVE EQUIPMENT NUMBER EQ05-259 FOR THE PURCHASE OF A SPOT COOLER
FOR ORANGE BLOSSOM MALL TO ASSIST WITH DEPARTMENTS THAT WERE TRANSFERRED
TO THAT LOCATION DUE TO HURRICANE FRANCES.
BACKGROUND: As a result of extensive water damage to the Clerk of Court Building from
Hurricane Frances, staff found it necessary to relocate these employees to the Orange Blossom
Mall location. To facilitate Clerk of Court operations, IT Department needed to install a server
area/room as well. A spot cooler is now needed at that location to keep the server room at the
correct temperature and staff is requesting permission to purchase the portable air conditioner at
a cost of $4,195.00; please see attachment.
FUNDS AVAIL: 001-1930-564000-190026 (Machinery & Equipment)
REIMBURSEMENT FROM FEMA DISATER RELIEF FUND
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board of County Commissioners approve
EQUIPMENT NUMBER EQ05-259 for the purchase of a spot cooler for the Orange Blossom Mall
location at a cost of $4,195.00.
MISSION ACTION:
pCj APPROVED [] DENIED
[ ] OTHER: Approved 5-0
County Attorney:
Originating oe;::t::>V" V\..t'-~--
Mgt. & Budget:
Dou derson
County Administrator
Purchasing Mgr.: Æ',/'
Other:
Other:
Finance: (Check for Copy only, if Applicable)
Eff. 1/97
H:\AGENDA\AGENDA-SPOT COOLER OB MALL.DOC
JAN-28-2Ø01 01:d1
SPOT COOLERS
B8R 750 5082
P.01/01
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8J1ot Coolørs®
The Instant Portable Air Conditioning and Heating Company
REPRINT
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DATE 10/04/04
SAME
ST LUCIE BOARD OF CNTY COMMISS
l' 772-216-1552
F 772-462-1444
NEW
ST LUCIE BOARD OF CNTY COMMISS
T 772-216-1652
F 772-462-1444
PRICE
EXTENSION
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01-000 CPK-5
01-000 25' OF 12" VINYL HOSE
01-000 PLENUM
01-000 25' OF 12" FLEX
01-000 NOZZLE KIT FOR OP24
130,00
100.00
280.00
100.00
223.00
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THANK YOU FOR THE OPPORTUNITY TO QUOTE.
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Nationwide: 1-800-367-8675 . Fax: 1-88E1-750-5082 · E-mail: SpotCoolers@worldnet.att.net
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ITEM NO: C8
DATE: October 12.2004
AGENDA REQUEST
TO: BOARD OF COUNTY COMMISSIONERS
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT (X)
PRESENTED BY:
SUBMITTED BY (DEPT): Public Safety
Jack T Southard
Public Safety Director
SUBJECT:
Microphone System in the amount of $3,672.00
Approve Budget Amendment BA04-168 and Equipment Request EQ04-276
BACKGROUND: This was an emergency purchase between Hurricane Frances and Hurricane Jeanne.
This microphone system is needed in the OPS room for exercise, training and real time
emergencies
FUNDS AVAILABLE: 001286-2510-564000-200
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Amendment
#BA04-168, Equipment Request #EQ04-276 and the purchase of a Microphone system
in the amount of $3,672.
I -----
o as Anderson
County Administrator
Review and Approvals .. .AI ,JI)J ^ J /)
o Management and Budget ~ 0 pu..haslng' Ii r
COMMISSION ACTION:
Q APPROVEDO DENIED
ð'OTHER:
Approved 5-0
o Other:
o Other:
o Finance: Chec or copy only, If applicable:
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BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Public Safety
PREPARED DATE: 09/30/04
AGENDA DATE: 1 011212004
OLD YEAR
ACCOUNT NUMBER ACCOUNT NAME AMOUNT
TO: 001286-2510-563000-200 Equipment $3,672
FROM: 001286-2510-599330-200 Project Reserve $1,453
001286-2510-546200-200 Maintenance Improvements $2,219
REASON FOR BUDGET AMENDMENT: Transfer funds for microphone system for the OPS room at
the EOC.
CONTINGENCY BALANCE: n/a
THIS AMENDMENT: n/a
REMAINING BALANCE: n/a
DEPARTMENT APPROVAL: ~
OMB APPROVAL:
BUDGET AMENDMENT #: BA04-168
DOCUMENT # & INPUT BY:
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.....,
Mary Dutro - Line to Line for Microphone System for the OPS room.
From:
To:
Date:
Subject:
CC:
Kristy Lilly
Dutro, Mary
9/30/2004 3:46 PM
Line to Line for Microphone System for the OPS room.
Lachance] Charlotte; Southard, Jack
Mary,
Couple of things:
On your line to line, the balance amount does not reflect what Banner says. You actually have $25]453 in project reserve
rather than $1,453. Just wanted to make sure that you were aware of this.
Also] Marie said that we still need to take this to the Board] and it's okay to do it after the fact. We just need you guys to
go ahead and prepare an agenda request and just say that this was an emergency purchase to help with communications
in reference to Hurricane Jeane. Use the following numbers on your agenda request:
Budget Amendment # 04-168
Equipment Request # 04-276
let me know if you have questions. Thanks
Kristy Lilly
St. Lucie County BOCC
Office of Management & Budget
Budget Analyst
lillyk@stlucieco,qov
772-462-1719
772-462-2117 Fax
file://C:\Documents%20and%20Settings\Adrninistrator\Local%20Settings\ Temp\GW} 0000 1.HTM
10/5/2004
,. .
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INTERNAL
REQUISITION
AUTHOR IZA TIO N
For Warehouse Orders and Other Quotatlons
DEPARTMENT:
Public Safety/Emergency Mgmt
0-
001286-2510~,t '6°200
FUND: oJ \.0
101 N. Rock Road, Ft. Pierce, FL 34945
I OATA ¡104P\JT PAGE .....,
CLERK
MD
REQUISITION
NUMBER
REQUISITION
DATE 9-22-04
DELIVER TO:
REMARKS:
POll
VENDORS:
NUMBER
#1 'Ï; -r-
NUMBER
NAME
ADDRESS
NAME
ADDRESS
NAME
ADDRESS
B&H Photo - Video, Inc
SOLE SOURCE
EIo4ERGENCY
PURCHASE
112
#3
'~~M QUANTITY UM DESCRIPTION
VENDOR _3 VENDOR .2 VENDOR .1
UNIT PRICE UNIT PRICE UNIT PRICE
TOTAL PRICE
PRICES ESTABLISHED BY:
VENDOR
TOT ALS
#3
#2
#1
3,672 .00
VENDOR
REPRESENTATIVE
#1
#2
#3
Mary P. Dutro
REQUESTING PERSON
".. ~/
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'-
B&H Photo - Video, Inc.
New York, NY 10001
420 Ninth Avenue
Tel. No. (212) 444-6600
Fax. No. (212) 239-7770
Quote No.: 124896490
Date: 09/15/04
Sold To: De Witt, Shane
St. Lucie County Bocc
2300 Virginia Ave.
FORT PIERCE, FL 34982
Ship To:
St. Lucie County Bocc
2300 Virginia Ave.
Attn: Administration
FORT PIERCE FL 34982
(772)462-1869
Bill Phone: (772)462-1869
Work Phone: (772)462-1869
Fax Phone: (772)462-2131
*********************
Cust Code: 14571262
P.O. No.:
Ship-Via: UPS 3 DAY
*********************
Terms: 30 DAY
Slsman: GM
page"""
Qty Brand
Item Description
SKU#/Catalog#
Price
--------------------------------------------------------------------------------
Total
================================================================================
3 JBL CONTROL 26C w/TRANSFORMER (PAIR)/REG 222.00
#JBC26CT/CONTROL26CT
This Is A "Special Order" Item, And Is Not Returnable.
1 ALESIS RA-300 REFERENCE AMPLIFIER/REG 219.00
#ALRA300/RA300
1 ALESIS MULTIMIX-12-R 12 CHANNEL 8 INPUTS MIXR/REG 250.00
#ALMM12R/MULTIMIX12R
1 SHURE ULX SYS ULXS4/ULXI-WL185/ULX2-58 (M1)/REG 825.00
#SHULXS12485M/ULXS12485M1
This Is A "Special Order" Item, And Is Not Returnable.
1 SHURE A58WS-BK BLK WINDSCRN f/BALL TYPE MIKE/REG 6.00
#SHA58WSBK/A58WSBK
7 SHURE MX202BPS SUPERCARDIOID MIC w/PLATE MNT/REG 169.00
#SHMX202BPS/MX202BPS
This Is A "Special Order" Item, And Is Not Returnable.
7 SHURE BLACK WINDSCREEN f/MX183/184/185 (4)/REG 18.00
#SHRK183WS/RK183WS
3 BOGEN TABLE TOP TRIPOD w/o HEAD/REG 14.00
#B03007/3007
1 RAXXESS STRAIGHT SIDE WING WOOD MAPLE-14U/REG 149.00
#RASSW22M/SSW22M
This Is A "Special Order" Item, And Is Not Returnable.
1 RAXXESS SIDE WING DOOR f/WOOD SIDE WING(STEEL)/REG 86.00
#RASFD/SFD
This Is A "Special Order" Item, And Is Not Returnable.
@NOTE! --------------------------------------------------------
@ For any question's please contact me "Joseph" @ext. #2631
@ When issuing a purchase order please include our
@ Quote /bid# in order to guarantee that you are
@ Receiving the prices quoted and proper processing
@PLEASE NOTE: -------------------------------------------------------------------
@ *** PLEASE NOTE OUR UPCOMING HOLIDAY SCHEDULE ***
@ WEDNESDAY 09/15/04... .... ...... ..... CLOSING AT 1:00 PM
@ THURSDAY 09/16/04, FRIDAY 09/17/04...... .........CLOSED
@ FRIDAY 09/24/04.......... .......... CLOSING AT 12:00 PM
@ WEDNESDAY 09/29/04....... ........ .... CLOSING AT 1:00 PM
@ THURSDAY 09/30/04 - THRU - FRIDAY OCT. 8 ... ......CLOSED
@ »» WE WILL REOPEN ON SUNDAY OCT. 10 FROM 9:30am TILL 6:00pm ««
666.00
219.00
250.00
825.00
6.00
1,183.00
126.00
42.00
149.00
86.00
Payment Type
N/A
Sub-Total:
================================================================================
3,552.00
Amount
Shipping:
* Total:
120.00**
3,672.00
Page 1 of1
'-'
B&H Photo - Video, Inc.
New York, NY 10001
420 Ninth Avenue
Tel. No. (212) 444-6600
Fax. No. (212) 239-7770
Quote No.: 124896490
Date: 09/15/04
Sold To: De Witt, Shane
St. Lucie County Bocc
2300 virginia Ave.
FORT PIERCE, FL 34982
Ship To:
Bill Phone: (772}462-1869
Work Phone: (772}462-1869
Fax Phone: (772}462-2131
St. Lucie County Bocc
2300 Virginia Ave.
Attn: Administration
FORT PIERCE FL 34982
(772}462-1869
*********************
Cust Code: 14571262
P.O. No.:
Terms: 30 DAY
Slsman: GM
Ship-Via: UPS 3 DAY
*********************
-
pa~l
Qty Brand
Item Description
SKU#/Catalog#
Price
--------------------------------------------------------------------------------
Total
================================================================================
3 JBL CONTROL 26C w/TRANSFORMER (PAIR}/REG 222.00
#JBC26CT/CONTROL26CT
This Is A "Special Order" Item, And Is Not Returnable.
1 ALESIS RA-300 REFERENCE AMPLIFIER/REG 219.00
#ALRA300/RA300
1 ALESIS MULTIMIX-12-R 12 CHANNEL 8 INPUTS MIXR/REG 250.00
#ALMM12R/MULTIMIX12R
1 SHURE ULX SYS ULXS4/ULX1-WL185/ULX2-58 (M1}/REG 825.00
#SHULXS12485M/ULXS12485M1
This Is A "Special Order" Item, And Is Not Returnable.
1 SHURE A58WS-BK BLK WINDSCRN f/BALL TYPE MIKE/REG 6.00
#SHA58WSBK/A58WSBK
7 SHURE MX202BPS SUPERCARDIOID MIC w/PLATE MNT/REG 169.00
#SHMX202BPS/MX202BPS
This Is A "Special Order" Item, And Is Not Returnable.
7 SHURE BLACK WINDSCREEN f/MX183/184/185 (4)/REG 18.00
#SHRK183WS/RK183WS
3 BOGEN TABLE TOP TRIPOD w/o HEAD/REG 14.00
#B03007/3007
1 RAXXESS STRAIGHT SIDE WING WOOD MAPLE-14U/REG 149.00
#RASSW22M/SSW22M
This Is A "Special Order" Item, And Is Not Returnable.
1 RAXXESS SIDE WING DOOR f/WOOD SIDE WING(STEEL}/REG 86.00
#RASFD/SFD
This Is A "Special Order" Item, And Is Not Returnable.
@NOTE! --------------------------------------------------------
@ For any question's please contact me "Joseph" @ext. #2631
@ When issuing a purchase order please include our
@ Quote /bid# in order to guarantee that you are
@ Receiving the prices quoted and proper processing
@PLEASE NOTE: -------------------------------------------------------------------
@ *** PLEASE NOTE OUR UPCOMING HOLIDAY SCHEDULE ***
@ WEDNESDAY 09/15/04.................. CLOSING AT 1:00 PM
@ THURSDAY 09/16/04, FRIDAY 09/17/04.... ...........CLOSED
@ FRIDAY 09/24/04.................... CLOSING AT 12:00 PM
@ WEDNESDAY 09/29/04................... CLOSING AT 1:00 PM
@ THURSDAY 09/30/04 - THRU - FRIDAY OCT. 8 .........CLOSED
@ »» WE WILL REOPEN ON SUNDAY OCT. 10 FROM 9:30am TILL 6:00pm ««
666.00
219.00
250.00
825.00
6.00
1,183.00
126.00
42.00
149.00
86.00
Payment Type
N/A
Amount
Sub-Total:
================================================================================
3,552.00
Shipping:
* Total:
120.00**
3,672.00
Page 1 of 1
-,
\.-
..
ITEM~. C- 9A
DATE: 10/12/04
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Purchasinq Department
Ed Parker, Purchasinq Director
SUBJECT: Third Extension to Contract No. C01-10-591 with Ronald L Book, P.A. and the Rubin
Group, Inc.
BACKGROUND: On September 11, 2001 the Board of County Commissioners entered into a
contract with Ronald L Book, P.A. and Rubin Group, Inc., to provide necessary legislative relations
and lobbying services. Staff is now requesting approval toe xercise third extension to extend the
terms of the contract through and including September 30, 2005.
FUNDS AVAILABLE: Funds are available as follows:
$ 57,500.00 County Administration, Professional Services - 001-1210-531000-100
$ 20,000.00 Sanitary Landfill Fund, Solid Waste, Professional Services
Physical Environment - 401-3410-531000-300
$ 10,000.00 Economic Development, Professional Services
Foreign Trade Zone - 001-1515-531000-4907
PREVIOUS ACTION: On August 19, 2003 the Board of County Commissioners approved the
second extension.
RECOMMENDATION: Staff recommends approval of the third extension to contract C01-10-591
with Ronald L Book, P.A. and Rubin Group, Inc., and authorization for the Chairman to sign the
extension as prepared by the County Attorney.
COMMISSION ACTION:
[')G APPROVED [] DENIED
[ ] OTHER: Approved 5-0
CE:
County Attorney:(x)~
Originating Dept::
Coordi nation/S i~natu res
Mgt. & Budget:(X) JLltW 'vYW\ ~_
Other:
Purchasing Mgr.:(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;¡;rr
October 6,2004
From:
Date:
Re:
Third Extension to Contract No. C01-10-591 with Ronald L. Book, P.A. and the
Rubin Group, Inc.
*************************************************************************************************************
Backqround:
On September 11, 2001 the Board of County Commissioners entered into a contract with
Ronald L Book, P.A. and Rubin Group, Inc., to provide necessary legislative relations and
lobbying services. Staff is now requesting approval to exercise third extension to extend the
terms of the contract through and including September 30, 2005.
Staff Administration is thoroughly satisfied with the services provided under this contract and
the contract prices have remained the same since the inception of the contract on September
11, 2001.
Recommendation:
Staff recommends approval of the third extension to contract C01-1 0-591 with Ronald L Book,
P.A. and Rubin Group, Inc., and authorization for the Chairman to sign the extension 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, FL 34982-5652 . (772)-462-1700. FAX (772) 462-1294
- ~
-
\wi
....,I
THIRD EXTENSION OF CONSULTANT AGREEMENT BETWEEN ST. LUCIE
COUNTY AND RONALD L. BOOK, P.A. AND THE RUBIN GROUP, INC.
THIS THIRD EXTENSION made this day of , 2004, by
and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County), and
RONALD L. BOOK, P.A. AND THE RUBIN GROUP, INC., or his, its or their successors,
executors, administrators and assigns (Consultant).
WHEREAS, on September 11, 2001 the parties entered into an Agreement (the
"Agreement") whereby the Consultant agreed to provide necessary legislative relations and
lobbying services to the County; and
WHEREAS, the parties have agreed to extend the terms of this Agreement.
NOW, THEREFORE, inconsideration of the premises and the mutual benefits which will
accrue to the parties hereto in extending the Agreement, the term of the Agreement is hereby
extended through and including September 30, 2005 on the same terms and conditions.
IN WITNESS WHEREOF, the County has hereunto subscribed and the Consultant has
affixed his, its, or their names, or name, and the date aforesaid.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ATTEST:
THE RUBIN GROUP, INC.
By:
PRESIDENT
RONALD L. BOOK, P.A.
By:
RONALD L. BOOK
- --
....
-,.,'
ITEM~. C-9B
DATE: 10/12/04
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 Annual Contract for Culvert/Driveway
Replacement.
BACKGROUND: To solicit bidders to provide Culvert/Driveway Replacement.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff request permission to advertise Invitation for Bid for Annual Contract
for Culvert/Driveway Replacement.
COMMISSION ACTION:
(x) APPROVED () DENIED
( ) OTHER
DOU DERSON
Approved 5-0 COUNTY ADMINISTRATOR
Coord i nation/Sianatu res
County Attorney (X) ."\~ ~D)r'i-,
Originating Dept. ( )
Mgt. & Budget ( )
Other ( )
~//'
Purchasing (X) (p;/I ~
Other ( )
Finance: (check for copy, only if applicable)_
-- -
...
¡jlI
~
'-"
...I
Page 1 of 1
Edward Parker - Annual Bids
From:
To:
Date:
Subject:
cc:
Doreen Hernandez
Parker] Edward
10/5/2004 2:50 PM
Annual Bids
Hudman] Dewey; Pauley] Donald
Good Afternoon Mr. Parker]
Attached are the Specifications that need to go out for Annual Bid for: CEM Enterprises Enhanced Swale Maint.
So. FL Concrete Driveway/culvert replacement
As I am aware they need to go in front of BOCC for permission to go out to bid.
If you have any questions, please contact me at
ext - 1817
Thank You
Doreen Hernandez
Drainage Maint Supervisor
file://C:\Documents%20and %20Settings\ParkerE\Local %20Settings\ Temp\GW} 0000 1.HT... 10/5/2004
,.¡
..."
ITEM NO. C-9C
DATE: 10/12/04
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 Annual Contract for Enhanced Swale
Maintenance.
BACKGROUND: To solicit bidders to provide Enhanced Swale Maintenance.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff request permission to advertise Invitation for Bid for Annual Contract
for Enhanced Swale Maintenance.
COMMISSION ACTION:
()(J APPROVED () DENIED
( ) OTHER
Approved 5-0
---
DO ANDERSON
COUNTY ADMINISTRATOR
Coord ination/Sig natures
County Attorney (X) '1~ ,h, I).or h
U -
Originating Dept. ( )
Mgt. & Budget ( )
Other ( )
Purchasing (X)
111::/
pi/
Other ( )
Finance: (check for copy, only if applicable)_
" ~..
,-.
....,¡
Page 1 0 f 1
Edward Parker - Annual Bids
From:
To:
Date:
Subject:
cc:
Doreen Hernandez
Parker, Edward
10/5/20042:50 PM
Annual Bids
Hudman] Dewey; Pauley] Donald
Good Afternoon Mr. Parker]
Attached are the Specifications that need to go out for Annual Bid for: CEM Enterprises Enhanced Swale Maint.
So. FL Concrete Driveway/culvert replacement
As I am aware they need to go in front of BOCC for permission to go out to bid.
If you have any questions] please contact me at
ext - 1817
Thank You
Doreen Hernandez
Drainage Maint Supervisor
file://C:\Documen t.c;% ?O::mri% ?nC:;pttinacc\ P"r1""·rh'\ T ,,"'.., 1 O/_ìlìC' =H~_ ~n\T~____ \ ""n (\(\r>r" TT"T'
~ ^ l~ /,....,...,,..., I
.......
ITEM N~C-9D
.~
DATE: 10/12/04
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING DEPARTMENT
ED PARKER. DIRECTOR
SUBJECT: Approval 0 f B id Waiver a nd Ratification 0 f Emergency Purchase 0 rders from
Hurricane Frances/Jeanne
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: Hurricane Frances Program #190026 - Various funds and organizations
(emergency reserves to be reimbursed by FEMA)
Hurricane Jeanne Program #1902 - Various funds and organizations (emergency reserves to
be reimbursed by FEMA)
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board: (1) Ratify the County Administrator's
Order effective September 3, 2004 at 5:00 P.M.; (2) Approve the waiver of sealed bids as a
result of the declared emergency; (3) Ratify the County Administrator's approval of the
emergency purchase orders as attached; and authorize the Chairman to sign contracts as
prepared by the County Attorney.
COMMISSION ACTION:
CONCURRENCE:
County Attorney (X) ')~ fY' D ~ "'~
Originating Dept. ( )
Coord i nation/S iq natu res
Mgt. & Budget (X) ~ Purchasing (X)
Other ( ) Other ( )
Q() APPROVED () DENIED
( ) OTHER
Approved 5-0
finance: (check for copy, only if applicable)_
'-'
BOARD OF COUNTY
COMMISSIONERS
....".;
PURCHASING
DEPARTMENT
Ed Parker
Director
MEMORANDUM
To:
Board of County Commissioners
From:
Ed Parker, Purchasing Director
Date:
October 6, 2004
Re:
Approval of Bid Waiver and Ratification of Emergency Purchase Orders from
Hurricane Frances and Jeanne
***********************************************************************************************************
BACKGROUND:
Pursuant to Section 252.38, Florida Statutes (2003), political subdivisions of the state have the
power during a state of local emergency to provide for the health and safety of persons and
property. The Board has previously adopted Resolution No. 00-277 authorizing the St. Lucie
County Administrator and the County Public Safety Director to exercise certain emergency
powers and authority during a local emergency. The impact of Hurricane Frances has placed
St. Lucie County in a state of local emergency, exposing the citizens of the County to danger
to life and property. As a result, on September 1,2004, at 4:00 P.M., the St. Lucie County
Public Safety Director declared a state of local emergency with Hurricane Frances and
September 24,2004, at 7:00 A.M., for Hurricane Jeanne. To date, these states of emergency
have been extended until further notice.
Effective September 3,2004, at 5:00 P.M., the St. Lucie County Administrator issued an order
waiving purchasing procedures for certain emergency purchases. A copy of this order is
attached. Pursuant to Section 5.5. of the County's Purchasing Manual, the Board has
authorized the waiver of bids in an emergency. Attached to this memorandum is a list of
emergency purchase orders related to Hurricane Frances since last Board approval and a list
of emergency purchase orders related to Hurricane Jeanne to date. Further background
information and details on these purchases are available at the Purchasing Department.
1"'1 -
'-' '-"
October 6,2004
Approval of Bid Waiver and Ratification of Emergency Purchase Orders from
Hurricane Frances and Jeanne
Page 2
RECOMMENDA TION/CONCLUSION:
Staff recommends that the Board:
(1) Ratify the County Administrator's Order effective September 3,2004 at 5:00 P.M.;
(2) Approve the waiver of sealed bids as a result of the declared emergency;
(3) Ratify the County Administrator's approval of the emergency purchase orders as
attached; and authorize the Chairman to sign contracts as prepared by the County
Attorney.
Respectfully submitted,
I;)ßl
Ed Parker l.,...--
Purchasing Director
~
....,
AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR
WAIVING PURCHASING PROCEDURES FOR CERTAIN EMERGENCY PURCHASES
(HURRICANE FRANCES)
WHEREAS, the St. Lucie County Administrator has made the following determinations:
1. Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state
have the power during a state of local emergency to provide for the health and safety of
persons and property.
2. The Board of County Commissioners of St. Lucie County has adopted Resolution
No. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public
Safety Director to exercise certain emergency powers and authority during a local emergency.
3. The impact of Hurricane Frances has placed St. Lucie County in a state of
emergency, exposing the citizens thereof to danger to life and property.
4. On September 1, 2004, at 4:00, p.m., the St. Lucie County Public Safety
Director declared a state of local emergency which state of emergency has been extended to
September 29, 2004.
5. In order to respond to such emergency, upon this declaration, the County
Administrator or his designee is authorized to initiate and take such actions authorized by
Resolution No. 00-277 (copy attached) for and on behalf of. the Board of County
Commissioners during the term of such local state of emergency.
6. Based on the recommendation of the Purchasing Director and on the advice of
the Public Safety Director, the Public Works Director, local law enforcement officials, including
the St. Lucie' County Sheriff and the St. Lucie County Fire District Fire Chief, as a result of the
effects of Hurricane Frances, there exist clear and present threats to life and public health and
safety as well as a threat of significant damage to improved public and private property
necessitating· the award. of contracts for goods and services which cannot be delayed by the
amount of time required to adhere to the County's standard purchasing procedures.
'-'
.""",
NOW, THEREFORE, I am issuing the following Order:
1 . Effective September 3, 2004 at 5:00 p.m., the Purchasing Director is directed to
waive the provisions of St. Lucie County Purchasing Manual for those purchases of goods and
services necessary to remove an immediate threat to human life, public health and safety, anq
improved public and private property which cannot be delayed by the amount of time required
to obtain competitive bidding. Such purchases shall require the written approval of the County
Administrator and subsequent ratification by the Board of County Commissioners.
2. . This Order shall, as promptly as practicable, be filed in the office of the Clerk of
the Circuit Court and delivered to the appropriate news media for publication and radio arid
television broadcast thereof.
Signed this~~ay of September, 2004, at C\.. .m.
BOARD OF
COUNTY COMMISSIONERS
~
"""" PURCHASING
DEPARTMENT
ED PARKER, DIRECTOR
EMERGENCY PURCHASE ORDERS FOR HURRICANE FRANCES
1 0/6/04
PAGE 1
P.O. # DEPARTMENT VENDOR DESCRPTION AMOUNT TOTAL AMOUNT
PP2413407 AIRPORT ALL POWER CHECK VAULT SYSTEM 75.00 75.00
TROUBLESHOOT CAMERA
P2413408 CENTRAL SERVICES 1 ST FIRE & CASUALTY SYSTEM - COURTHOUSE 300.00
INVESTIGATION OF STRESS
CRACKS IN THE WALLS OF THE
P2413418 CENTRAL SERVICES JENKINS & CHARLAND DORMS AT THE R.R. JAIL 525.00
825.00
PAPER, SUPPLIES FOR PLOTTER -
MAPS FOR FEMA & CORPS OF
P2413416 GROWTH MGMT. CORPORATE EXPRESS ENG. 2,750.00 2,750.00
TROUBLESHOOT ACCESS
P2413409 IT 1ST FIRE & SECURITY CONTROL SYSTEM 389.48 389.48
REPLACE/RECONSTRUCT
LIGHTING AT SLC FAIRGROUNDS
AND REPAIR (24) CONCRETE
P2510122 PARKS & REC. M. PAGE C.C., INC. ELECTRICAL POLES 265,000.00
REPLACE EXISTING RISERS
AROUND MAIN WATER LINE AND
REPAIR ALL BREAKS IN MAIN ,
P2510125 PARKS & REC. AMERI-TECH PLUMBING, INC. WATER 3,327.00 268,327.00
P2413414 PUBLIC SAFETY OLDCASTLE SERVICES REPAIRS 800 MHZ ROOF 2,120.00
P2413421 PUBLIC SAFETY MAPS OF SOUTH FLORIDA MAPS & STREET ATLAS 2,122.00
VAN RENTAL-STORAGE OF DRY
P2413422 PUBLIC SAFETY RYDER TRANSPORTATION GOODS AT DIST. SITES 870.20
P2413423 PUBLIC SAFETY ALL POWER SERVICES REPAIRS TO GENERATOR AT EOC 263.00
SECURE NC LINES TO TOWER
P2413424 PUBLIC SAFETY DAVES COMM. LIGHTS 80.00 5,455.20
P2413411 PW-ENGINEERING SUNSHINE LAND DESIGN DEBRIS REMOVAL 199,000.00
CULVERT REPLACEMENT -
SELVITZ RD. @ C100 - TOTAL COST
= $350,000.00, PREVIOUSLY
REPORTED AN ESTIMATE OF
$200,000. THIS FIGURE
P2510126 ENGINEERING JOHNSON-DAVIS, INC. REPRESENTS BALANCE OF EST. 150,000.00 349,000.00
P2510089 PW-ROAD & BRIDGE GS EQUIPMENT GRADALL RENTAL 20,100.00 20,100.00
P2413398 PW-SOLlD WASTE J. B. MATHEWS GARAGE DOORS (12) 119,060.00 119,060.00
CLEAN UP - MAIN LIBRARY, FPCC,
CENTRAL SERVICES, & HURSTON
P2510092 RISK MGMT. EE & G LIBRARY 100,000.00 100,000.00
P2510091 UTILITIES ALBERT KUEBLER HEATING INSTALL 2 EXHAUST FANS 11,564.00 11,564.00
TOTAL FRANCES 877,545.68 877,545.68
~
...,
BOARD OF
COUNTY COMMISSIONERS
PURCHASING
DEPARTMENT
ED PARKER, DIRECTOR
EMERGENCY PURCHASE ORDERS FOR HURRICANE JEANNE
10/6/2002
P.O. # DEPARTMENT VENDOR DESCRPTION AMOUNT TOTAL AMOUNT
P2413420 ADMINISTRATION KAUFF'S MOVE 53' TRAILER 500.00 500.00
P2510087 AIRPORT SUPERIOR ROOFING TEMP ROOF - U.S. CUSTOMS 10,000.00 10,000.00
P2413410 IT DAVES COMMUNICATIONS ADAPTERS 24.64 24.64
P2510080 MOSQUITO CaNT. CLARKE ULV OIL 1,980.00
P2510081 MOSQUITO CaNT. ADAPCO SCOURGE 102,300.00
P2510082 MOSQUITO CaNT. CLARKE VECSTOLEX WDG 9,720.00
P2510083 MOSQUITO CO NT. ADAPCO DIBROM 75,960.00
P2510084 MOSQUITO CaNT. VECTOR DISEASE CONTROL AERIAL ADUL TICIDI NG SERVICES 156,672.00
VEGETATION REMOVAUACCESS
P2510085 MOSQUITO CONT. NATIVE TECHNOLOGIES REPAIRS 87,982.40 434,614.40
P2413377 OMB THE COUNTRY STORE 9/27-28 LUNCHES 4,399.35 4,399.35
LIGHTING REPAIRS, SOUTH
P2510124 PARKS & REC. DA VCO ELECTRICAL COUNTY FOOTBALL FIELD 5,500.00
LIGHTING REPAIRS, LAWNWOOD
P2510123 PARKS & REC. DAVCO ELECTRICAL FOOTBALL FIELD 10,000.00 15,500.00
P2413372 PW-ROAD & BRIDGE STEWART MINING SHELL 7,000.00
P2510088 PW-ROAD & BRIDGE UNIVERSAL SIGNS STOP SIGNS (400) 26,040.00
P2510090 PW-ROAD & BRIDGE STEWART MINING SHELL MATERIAL 50,000.00 83,040.00
TOTAL JEANNE 548,078.39 548,078.39
FRANCES 877,545.68
JEANNE 548,078.39
TOTAL TO BOARD: 10/12/04 1,425,624.07
TO BOARD: 10/05/04 - FRANCES
TO BOARD: 10/12/04 - FRANCES
TOTAL FRANCES TO DATE:
24,870,890.27
877,545.68
25,748,435.95
TO BOARD: 10/12/04 -JEANNE
548,078.39
TOTAL HURRICANE EXPENSE
TO DATE
26,296,514.34
-
.~ .
r~
ITEM ~ C-9E
DATE: 10/12/04
AGENDA REQUEST
REGULAR {}
PUBLIC HEARING { }
CONSENT {X}
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: PURCHASING DEPARTMENT
ED PARKER, DIRECTOR
SUBJECT: Permission to issue Invitation for Bids to sell surplus equipment.
BACKGROUND: In the past year the County has accumulated numerous items that are no longer
useful to the County. The Purchasing Department would like to take bids on the items and sell them
in lots or groups of similar equipment.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Purchasing Department be granted permission to
advertise for bids for surplus equipment. The results will be brought back to the Board for award.
COMMISSION ACTION:
()G APPROVED
( ) OTHER
Approved 5-0
( ) DENIED
ANDERSON
COUNTY ADMINISTRATOR
Coord inatio n/S jq natures
County Attorney (X) f)~ þlì.r,",
Originating Dept. ( )
Mgt. & Budget ( )
Other ( )
Purchasing (x)M.1
Other ( )
finance: (check for copy, only if applicable)_
-
--
-...
- ........- ~
""
.
'-'
...,
Information'lécnnoCooy
MEMO
To:
Ed Parker, Purchasing Director
From:
Bob Rosart, Manager
Date:
August 30, 2004
Re:
Old Computers
Ed,
Please see if there is anyone that is interested in bidding on the old computers we have
stored at Village Green. Someone from Miami gave us a bid last time; I am still trying to
find his name. As soon as I do I will send it to you. There are approximately 250
computers and monitors also keyboards and mice.
See attached list of computers.
Thanks
Bob Rosart
'.'.,J
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ITEM NO. C- 9F
DATE: 10/12/04
AGENDA REQUEST
REGULAR ( )
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Purchasing Department
Ed Parker, Purchasinq Director
SUBJECT: Bid #04-070 - Sale of Surplus Real Property. at the Airport Industrial Park.
BACKGROUND: See attached memorandum
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends award of Bid #04-070 - Sale of Surplus Real Property at
the Airport Industrial Park to the highest bidders as follows: Charles Yecker, Block 2 - Lot 10 for total
amount of $72,650.00; Carlton Branker, Block 1 - Lots 8 and 9; Block 2 - Lots 8 and 9 for total amount
of $207,604.00; Carl R. Trimble, Block 1 - Lots 10, 11, 12 and 13 for total amount of $200,540.00 and
approval for the Chairman to sign the Deed(s).
COMMISSION ACTION:
Approved 5-0
CONCURRENCE:
D¿SON
COUNTY ADMINISTRATOR
(X) APPROVED () DENIED
( ) OTHER
Coordi nation¡S(Qnatures
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County Attorney (X) ;~ t' l)S f1
Originating Dept. ( )
Mgt. & Budget 0
Other ( )
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Purchasing (X) áf/;
v
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Finance: (check for copy, only if applicable)_
· (
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BOARD OF COUNTY
COMMISSIONERS
....,¡
PURCHASING
DEPARTMENT
Ed Parker
Director
MEMORANDUM
To:
Board of County Commissioners
/j
~.:f-/
Ed Parker, Purchasing Director·· //
..:. ¡ II
October 6,2004
From:
Date:
Re:
Bid #04-070 Re-Bid - Sale of Real Property at the Airport
*************************************************************************************************************
Backqround:
On July 7, 2004 bids were opened for Bid #04-070 - Sale of Real Property at the Airport
Industrial Park. Six hundred eighty-six (686) vendors were notified, twelve (12) bid documents
distributed, and four (4) responses were received.
On July 19, 2004 the County Attorney received a protest letter from Navaretta & Navaretta,
Attorneys at Law, P.A. (see attached) representing 1. J. Truss Corporation. The protest
asserted that 1. J. Truss Corporation was the high bidder on the original bid that was rejected
by the Board on May 11,2004; and that they were not notified of the re-bid.
After determining that they were not notified by this office, and receiving a fax request from SLC
Commercial Inc. to be put on the bid list for lots at the Airport Industrial Park (see attached).
SLC Commercial Inc. was requesting this on behalf of T. J. Truss Corporation.
As required in the Purchasing Manual, I consulted with the County Administrator and County
Attorney (the Airport Director was present). We agreed to accept the protest and to make a
recommendation to the Board to reject all bids and request permission to re-advertise.
On August 16, 2004, I notified the four (4) bidders with a letter of intent of Staff recommendation
to reject all bids. I received protest letters from the three (3) highest bidders protesting the
recommendation to reject all bids.
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
'-'
August31,2004
Bid #04-070 Re-Bid - Sale of Real Property at the Airport
Page 2
.....,
On September 20,2004 Navaretta & Navaretta, Attorneys at Law, withdrew the protest. (see
attached) Since the original protest has been withdrawn, Staff recommends that the Board
award the subject bids to the highest bidders, making the other protests moot.
Recommendation:
Staff recommends awarding Bid #04-070 - Sale of Real Property at the Airport Industrial Park
to the Highest bidders as follows: Charles Yecker - Block 2, Lot 10 for $72,650.00; Carlton
Branker - Block 1, Lots 8 and 9 - Block 2 - Lots 8 and 9 for $207,604.00; Carl R. Trimble-
Block 1, Lots 10, 11, 12 and 13 for $200,540.00 and approval for the Chairman to sign deeds as
approved 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
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NAVARETTA & NAVARETTA
ATTORNEYS AT LAW; EA
STEPHEN NAVARETTA
· BOARD CERTIFIED
REAL ESTATE LAWYER
· COMMERCIAL LITIGATION
· ALSO ADMITTED IN
NEW YORK AND WASHINGTON STATE
1100 S.W. ST. LUCIE WEST BOULEVARD
SUITE 203
PORT ST. LUCIE. FLORIDA 34986
(772) 340-5121
FACSIMILE
(772) 878-3116
MARY JEAN NAVARETTA
· EMPLOYMENT LAW
· ALSO ADMITTED IN
DISTRICT OF COLUMBIA AND
NEW YORK
September 20, 2004
Attn: Ed Parker, CPPB, Purchasing Director
Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, Florida 34982-5652
Re: Bid Protest: St. Lucie County Bid No. 070-0-2004/DC
Sale of Real Property at the Airport Industrial Park
Dear Mr. Parker:
Pursuant to your letter dated August 30, 2004, please be advised that my client TJ Truss
Corp. hereby withdraws their bid protest and cross-protests lodged with regard to the above
captioned bid. Kindly proceed to award to the highest bidders for each lot.
Should you have any questions, please feel free to contact this office.
SN/mac
cc: TJ Truss Corp.
Carl Trimble
r-v
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SENT BY: NAVARETTA & ~RETTA;
561878 3116;
JUL-19-04 15:~
PAGE 1/2
NA V ARETTA & NA V ARETTA
ATTORNEYS AT LAW, P.A.
1100 S.W. St. Lucie West Blvd., Suite #203
Port St. lucie, Florida 34986
(772) 340·5121
FACSIMILE TRANSMITTAL COVER SHEET
To:
Dan Mcintire, Esq.
462-1440
Fax No.;
From:
Stephen Navaretta, Esq.
Fax No.:
(772) 878-3116
Date:
July 19/ 2004
Re:
TJ Truss Corp.
Number of
pages Including
cover sheet 2
Message:
IF THERE [S A TRANSMISSION PR.OBLEM WITH THIS FAX, PLEASE CONTACT (772) 340-5121.
PERSONAL AND CONFIDENTIAL. THE INFORMATION CONTAINED IN THIS J:ACSIMlLE MESSAGE IS A PRIVILEGED AND. .
CONFIDENTIAl A rrORNEY COMMUNICATION INTENDED ONLY FOR THE USE OF THE ENTITY NAMED ABOVE. IF THE
READER Of THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE H~\ŒISY NOTIFIED THAT ANY DISSEMINATION,
DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE R£ŒVED THIS
COMMUNICA TION IN ERROR, PLEASE IMMEDIA TEL Y NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL
MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE.
I -;t, ..
SENT BY: NAVARETTA & ~RETTA;
561878 3116;
JUL-19-04 15:~
PAGE 2/2
NAV.ARET".I'A & NAVAREI'TA
A. TTORNEYS AT I...AW; P..A..
';¡T1I!PHEN NAV..A..R1!I'r'I!A
.BOA1tD~
HJIAL~LÀ.~_
· OOJOD:JlctAL L1'I'mA!I.'ION
1 tOO !:'oW. ; To LV(1Œ WMT øorn.JCv....JU>
liUllT.Ii! Jl03
PORT 8T. u:rCIZ, rLORmA :weN
17'711:1 s..n.5121
Ji'AOSIM:II.F:
177m 87803116
......un- J1I:.AN NAVAJitE'rI'Á
· J:M:PLOY]ØINT LA.W
. .ALSO.AIXIoa'J.'TmI IN
.............cr~~
July 19, 2004
VIA FACSIMILE ONLY
Dan Mcintire, Esq.
County Attorney
St. Lude County
2200 Virginia Avenue
Fort Pierce Florida
Re: St. Lucie County Bid # 070-o-2004/DC-
Sale of Real PropertY At th~ Alroort Industrial Park
Dear Dan:
We represent 1) Truss Corp. Our client has been actively attempting to procure surplus county
property located at the Airport Industrial Park. ThIs property was first put out for bid under Bid # 039-
0-2004/DC in April, 2004. Our client was the successful high bidder but procedural Irregularities In
the bid package required that the pro~rty be re-advertlsed and re-bid_ The property apparently was reo
adverdsed and a new bid package was promulgated under Bid #07o-o-2004/DC. Unfortunately our
client was never notified of the re-publlcation of the bid package or the renewed availability of the
property. Obvlously, since our client was not made of th~ re~bjd, It could not timely submit .1 bid for
the property.
As a result, a third party Is now nominally the successful high bidder In regard to Bid II
070-o-2004/DC. Our client personally talked with the director of the airport authority, Paul Phillips,
on Friday July 16/ 2004 protesting these developmen~.
I am writing to bring to your attention our cllent/s protest of the situation described above. At
the very least, the property should be reMadvert1sed and re-bld with our client ~Ing given an opportUnity
to submit a bid so that it can condnue to pursue its interest In the property on equal footing with other
bidders.
Hopefully, the County can once again re-advertise and reMbld the package to avoid any further
complications in this regard.
SN/gpb
'¥
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ITEM NO. CgG
DATE: 10/12/04
AGENDA REQUEST
REGULAR ()
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): Purchasinq
Ed Parker. Purchasinq Director
SUBJECT: Bid Waiver and sole source declaration for service and purchase of parts for certain
County Equipment for Fiscal year 2004-2005. This is for the Public Works Department, Solid Waste
Division, and Central Service Department, Service Garage.
BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to Kelly
Tractor for Caterpillar parts and service, Flagler Construction for Volvo and Samsung parts and
service, Sierra International Machinery, LLC for MacPress balers and conveyors parts and service,
Continental Biomass Industries, Inc. for grinder parts and service, Lubo USA, LLC for C & 0
processing equipment parts and service, Menzi USA for Menzi Muck parts and services and Great
Southern Equipment for Gradall parts and services. Each of the vendors have protected territories
from each manufacturer.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: Sept. 26, 2000 BOCC approved bid waiver and sole source.
Oct. 9,2001 BOCe approved bid waiver and sole source.
Oct. 8, 2002 BOCC approved bid waiver and sole source.
Sept. 23, 2003 BOCC approved bid waiver and sole source.
RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for
the parts and services to Kelly Tractor for Caterpillar, L.B. Smith for Volvo and Samsung, Sierra
International Machinery, L LC for M acPress balers a nd conveyors, Continental Biomass Industries,
Inc. for grinder, Lubo USA, LLC for C&D processing equipment, M enzi USA for Menzi Muck and
Great Southern Equipment for Gradall.
COMMISSION ACTION:
[~APPROVED [] DENIED
[ ] OTHER: Approved 5-0
County Attorney:(X) I)~ jr. IV,.....
Originating Dept:
Finance: (Check for Copy only, if Applicable)
Coordination/Sianatures
Mgt. & Budget:;O
CONCURRENCE:
/-
~nderson ~
County Administrator
.;-/ /'7
Purchasing Mgr.:(X) é-ø'l
Other:
Other:
....
~
.....,
Page 1 of 1
,
Desiree Cimino - Re: Sole Source
From:
To:
Date:
Subject:
Joan Worley
Cimino] Desiree
10/1/2004 9:45 AM
Re: Sole Source
I THINK!
Great Southern Equipment
Kelly Tractor
Menzi Muck
Believe that is a II.
Thank you,
Joan
»> Desiree Cimino 10/1/20049:04:49 AM »>
Joan,
Please give me a list of all vendors you use for the Garage that are sole source] so we can take them before
the BOCC. Thank you] Desiree
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From:
To:
Date:
Subject:
Debbie Scribner
Cimino, Desiree
10/1/200410:09:24AM
Re: Sole Source
Hi- here are the vendors for Solid Waste. All of these are for parts, maintenance and repairs.
Kelly Tractor
Sierra International Machinery, LLC (Balers)
Continental Biomass Industries, Inc. (Grinder)
Lubo USA, LLC (Processing Equipment C&D)
Flagler Construction Equipment (Used to be LB Smith)
Thanks much
Debbie
>>> Desiree Cimino 1 0/1 /2004 9:07:20 AM >>>
Debbie,
Please send me a list of all vendors the Landfill will use this fiscal year that will be considered sole
source, (i.e. Kelly tractor, LB Smith) we need these so we can take it before the BOCC. Thank you,
Desiree
..
~
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ITEM NO. c-9b
DATE: 9/23/03
AGENDA REQUEST
REGULAR ()
PUBLIC HEARING ( )
CONSENT (X)
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): Purchasinq
Ed Parker, Purchasinq Director
SUBJÉCT: Bid Waiver and sole source declaration for service and purchase of parts for certain
County' Equipment. This is for the Public Works Department, Solid Waste'Division and Central
Service Department, Se,~ice Garage.
BACKGROUND: Staff requests consideration for a bid waiver and sole source declaration to Kelly
Tractor for Caterpillar parts and service, L.B. Smith for Volvo and Samsung parts and service, Sierra
International Machinery, LLC for MacPress balers and conveyors parts and service, Menzi USA for
Menzi Muck parts and services and Great Southern Equipment for Gradall parts and services. Each
of the vendors have protectéd territories from)ª~,ch manufacturer.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: Oct 12, 1999 BOCC approved bid waiver and sole source.
Sept: 26, 2000 BOCC approved bid waiver and sole source.
Oct 9,2001 BOCC approved bid waiver and sole source.
Oct 8,20022001 BOCC approved bid waiver and sole source.
RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for
the parts and services to Kelly Tractor for Caterpillar, L.B. Smith for Volvo arid Samsung, Sierra
International Machinery, LLC for MacPress balers and conveyors, Menzi USA for Menzi Muck and
Great Southern Equipment for Gradall.
COMMISSION ACTION:
~ APPROVED [] DENIED
[ ] OTHER:
CONCURRENCE:
Approved (3-0)
Bruhn, Barnes· Absent
-h
County Attorney: (X)
(""), //
oJ:[
;t/
Coordination/Siç¡natures 6
4 Uj V~I j'¡"
I "I)¡
Mgt. & BUdget:;(x) / " I
Other:
'1f
Purchasing Mgr,:(X) G;J;
Originating Dept:
Other:
Finance: (Check for Copy only, if Applicable)
'..
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PUBLIC WORKS DEPARTMENT
SOLID WASTE DIVISION
MEMORANDUM
03-092
" '.. - ~ -' "'"~~-. ..n .......,.".~.~-~ ~~~ ~ 1 ,.~ _,,,.....,
- -
~ ~--- - - - ~ ~ - -
TO:
Ed Parker
Purchasing Director
FROM:
~
Leo J. Cordeiro
Solid Waste Manager'
DATE:
September 11,2003
RE:
Kelly Tractor, L.B. Smith and Seirra
Please agenda for Board approval the bid waiver and sole source declaration for
Caterpillar to Kelly Tractor, Volvo to L. B. Smith and MacPress balers and conveyors to
Sierra International Machinery, LLC for service and parts for fiscal year 03-04.
Purchasing has done this for approximately the last 7 years.
Please call if you have any questions.
LJC:dls
c: Don West, Public Works Director
· "
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BOARD OF COUNTY
COl\fMISSIONERS
CENTRAL SERVICE
SERVICE GARAGE
Charles Padrick
Fleet Manager
MEMO
To: Ed Parker, Purchasing Director
From: Charles Padrick, Fleet Manager
Date: September 16, 2003
Re: Sole Source
***********************************************************************************
We need the following vendors as sole source, because in case of repairs these are the only authorized
Dealers.
Kelly Tractor, for Caterpillar
Menzi USA for Menzi Muck
LB Smith for Samsung
Great Southern Equipment for Gradall
If any further information is needed, please let me know.
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
2300VirginiaAvenue' FortPierce,FL34982-5652 . (561)-462-1700 . FAX(561)462-1294
\
".
'-'
AGENDA REQUEST ...,
ITEM: # C10-
DATE: Oct. 12,2004
REGULAR [ ]
PUBLIC HEARING [
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: Carl Holeva
H. R. Director
SUBMITTED BY (DEPT): Human Resources
SUBJECT: Senior Management Class Retirement Resolution No. 04-284 - Designating
the position of Assistant County Administrator as being within the Senior
Management Service Class.
BACKGROUND: See Attached
FUNDS AVAIL: Retirement: 001-1210-522000 -100
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board adopt Resolution #04-284.
COMMISSION ACTION: CE:
pc] APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
D glas M. Anderson
County Administrator
Review and Approvals
County Attorney:
Management & Budget:
Other:
Purchasing:
Originating Dept. Human Resources
Other:
Finance: (Check for Copy only, if applicable)_
..
........
...."
RESOLUTION NO. 04-284
A RESOLUTION DESIGNATING THE SECOND POSITION
OF ASSISTANT COUNTY ADMINISTRATOR AS BEING
WITHIN THE SENIOR MANAGEMENT SERVICE CLASS
OF THE FLORIDA RETIREMENT SYSTEM
WHEREAS, the Board of County Commissioners has made the following
determinations:
1. Pursuant to Sections 121.021 and 121.055, Florida Statutes, a local agency
employer, such as St. Lucie County, is authorized to designate specified number of non-
elected position within its respective agency for inclusion within the Senior Management
Service Class of the Florida Retirement System.
2. Section 121.055(1)(b)1.b, Florida Statutes, provides for a local agency with
one hundred (100) or more regularly established positions to designate additional non-
elected full-time positions as being in the Senior Management Service Class, not to exceed
one percent (1 'Yo) of the agency's regularly established positions.
3. Section 121.055(1)(b)1.c, Florida Statutes, provides that each position which
is designated by a local agency as being within the Senior Management Service Class must
be a managerial or policy making position, filled by an employee not subject to a continuing
contract or given civil service protection, and who either heads an organizational unit or
has responsibility to effect or recommend personnel, budget, expenditure or policy
decisions in that employee's area of responsibility.
4. Section 121.055(1)(g), Florida Statutes, provides that the designee or the
employer may purchase past service credit on behalf of the designated Senior
Management Service Class members retroactive to February 1, 1987.
5. The Board of County Commissioners is a local agency employer under the
terms of Section 121.021, Florida Statutes.
6. The Board of County Commissioners has determined that the position of
Assistant County Administrator meets the requirements established by Section 121.055,
Florida Statutes, for designation of positions within a local agency as being within the
Senior Management Service Class.
1
..
.....,
""""
7. On January 14, 1997, the Board of County Commissioners adopted Resolution
No. 97-42 which designated the position of Assistant County Administrator within St.
Lucie County Government as being within the Senior Management Service Class for the
purposes of Section 121.055, Florida Statutes.
8. When the Board of County Commissioners adopted Resolution No. 97-42, the
County had only one Assistant County Administrator position.
9. The Board of County Commissioners has subsequently authorized the
creation of a second Assistant County Administrator position.
10. The Board of County Commissioners has determined that the second position
of Assistant County Administrator meets the requirements established by Section
121.055, Florida Statutes, for designation of within the Senior Management Service Class.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1.. The second position of Assistant County Administrator created by the Board
of County Commissioners in fiscal year 2003-04 is hereby designated as being within the
Senior Management Service Class of the Florida Retirement System pursuant to Section
121.055, Florida Statutes.
2. This resolution shall take effect on the date of adoption.
After motion and second the vote on this resolution was as follows:
Chairman Paula A. Lewis XXX
Vice Chairman John D. Bruhn XXX
Commissioner Frannie Hutchinson XXX
Commissioner Doug Coward XXX
Commissioner Cliff Barnes XXX
PASSED AND DULY ADOPTED this XX day of XX, 2004.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
2
·
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APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
3
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AGENDA REQUEST
ITEM NO.
C-ll
DATE: October 12, 2004
REGULAR ( )
PUBliC HEARING ( )
CONSENT (X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: Jon Ward, Director
SUBMITfED BY(DEPT): Cultural Affairs
SUBTECT: Hispano Art Reception at the Historical Museum
BACKGROUND: As part of Cultural Affairs' community outreach program, in partnership with Ùle
Hispanic Foundation of the Treasure Coast, the Historical Museum will host a
month long exhibit of paintings executed by Hispanic artists to celebrate
Hispanic Month in St. Lucie County. The exhibit opened October -1'" and will
remain until October 30. An opening reception in which the public ,,-ill be able
to meet the artists will be held at the museum on Friday, October 15, from 5:30
pm until 8 pm. Cultural Affairs requests·pennission for wine to be served at the
reception.
RECO MMENDA TI 0 N: Staff recommends that permission be granted for wine to be served at Ùle
Historical Museum during the Hispanic art exhibit reception on October 15, 2004.
COMMISSION ACTION:
[)Q APPROVED ( ) DENIED
[ ) OTHER:
CE:
Approved 5-0
D uglas M. Anderson'
County Administrator
Review and Approvals .
County Attomey:~j,,,\ Management & Budget:_
Originating Dept:~ Other:
Finance:(check for copy only, if applicable)
Purchasing:
Other:
,~
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"""
AGENDA REOUEST
ITEM NO:
DATE:
C -12
October 12, 2004
Regular[ ]
Public Hearing [ ]
Consent [X]
TO: Board of County Commissioners
PRESENTED BY: Beth Ryder, Direct¢.
SUBMITTED BY: Community Services
SUBJECT: Authorize staffto apply for the St. Lucie County allocation from the Governor's Hurricane Relief
Fund, appoint the Community Services Director as the County designee for the program and to Chair an
unmet needs committee, appoint the United Way of St. Lucie County to be the fiscal agent and as fiscal agent
accept applications from agencies that will provide services as identified by the unmet needs committee.
BACKGROUND: The Hurricane Relief Fund is to raise funds and in-kind contributions to help Floridians
with relief and recovery through strengthening families and rebuilding communities. Currently, there is One
Million Dollars in the fund and St. Lucie County's allocation is $128,209.00.
FUNDS AVAIL:
NjA
PREVIOUS ACTION:
None
RECOMMENDATION: Authorize staff to apply for the St. Lucie County allocation from the Governor's
Hurricane Relief Fund, appoint the Community Services Director as the County designee for the program and
to Chair an unmet needs committee, appoint the United Way of St. Lucie County to be the fiscal agent and
as fiscal agent, accept applications from agencies that will provide services as identified by the unmet needs
committee and approval for the County Administrator to sign all documents necessary for this fund.
íXJ APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
CE:
COMMISSION ACTION:
Dou as M. Anderson
County Administrator
Coordination/Signatures "
Management & BUdgetx#Ø)~/1Î,~{i
Other:x
Purchasing:
County Attomey:x fJ"ûct' p.r M
Originating Department:x
Other:
Finance:x Check for copy only, if applicable
·
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Frances Phase 1 Allocation
Based of FEMA registrations as of 9/21/04
Palm Beach $ 204,969.00
Brevard $ 141,455.00
St. Lucie $ 128,209.00
Volusia $ 99,144.00
Indian River $ 63,577.00
OranQe $ 60,787.00
Miami-Dade $ 56,859.00
Martin $ 35,000.00
Polk $ 35,000.00
Seminole $ 35,000.00
Marion $ 35,000.00
Osceola $ 35,000.00
Broward $ 35,000.00
Okeechobee $ 35,000.00
$ 1,000,000.00
"WI
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\..I
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e----
HURRICANE RELIEF
MISSION STATEMENT
The mission of the Hurricane Relief Fund is to raise funds and in-kind contributions to help
Floridians with relief and recovery through strengthening families and rebuilding communities.
GOALS OF THE RELIEF FUND
· Fill gaps in funding for services that stabilize and strengthen families
· Rebuild communities through individual, small business and nonprofit assistance
· Link neighbors to neighbors in support of relief and recovery
GUIDING PRINCIPLES
· Distribute funds based on amount of damage within local jurisdictions
· Distribute funds based on needs that are determined locally
. Distribute funds efficiently and effectively
DISTRIBUTION OF FUNDS
· Funds may be distributed in phases, dependent upon amount of funding received and
the need within the counties.
· Funds may be donor-restricted to meet specific unmet needs. Any restrictions will be
addressed in allocation notifications.
· Local fiscal agents shall not distribute funds in cash unless a waiver is received from
Volunteer Florida Foundation prior to distribution.
· Local fiscal agents may not use funds for administrative costs.
· Before receiving funds, individuals must sign a form that explains the allowable use of
funds and certifies non-duplication of service. Nonprofits must complete a Request For
Proposal process and attach appropriate signatures.
1
9/20/04
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ELIGIBILITY REQUIREMENTS
To be eligible to receive funds, the county administrator or the county administrator's
designee shall:
1. Form an unmet needs committee of local citizens to be named the County
Hurricane Unmet Needs Committee. This committee shall consist of not less than
seven members of the local community and must include a representative from Red
Cross and United Way. You should consider including a representative from the
Salvation Army, local non-profits and faith-based community organizations.
2. Shall select a local fiscal agent for the funds. (United Way has volunteered to fill this
function, but the local committee shall make the decision.)
3. Shall develop criteria for distributing the funds in a manner that is most beneficial to
the local community. Where local volunteer committees with expertise in funds
allocation exist, counties are encouraged to utilize that expertise.
4. Local fiscal agents may not use funds for administrative costs.
Funds may be allocated to individuals or individual entities for hurricane recovery efforts.
Individuals without social security numbers are eligible to receive funds. Funds should be
given to individuals or individual entities only after other sources of funds are exhausted.
Funds may also be allocated to 501 (c)3 nonprofit agencies that are providing hurricane relief.
Volunteer Florida Foundation will provide Request for Proposal guidelines as a reference.
The county administrator, or the county administrator's designee, shall certify that:
A. That the committee consists of at least seven citizens of the county.
B. Who the fiscal agent is, an account named the County Hurricane Relief
Fund has been established, and financial reporting requirements are met.
C. That all agents to individuals or individual entities were for hurricane relief and that all
other reasonable sources of funds had been exhausted.
D. That all grants to 501 (c)3 nonprofit agencies were for hurricane relief in that county.
Counties may be given timelines to distribute funds. Any funds not expended in that
time frame must be returned, unless the Volunteer Florida Foundation approves a
waiver.
E. Counties or their designees must provide detailed program reports as well as fiscal
reports. The Volunteer Florida Foundation will distribute reporting formats
electronically. Full reports must be completed in order to continue to receive funds
from the Hurricane Relief Fund.
F. Each County or designated fiscal agent, must sign an agreement with Volunteer
Florida Foundation prior to receipt of funds.
Any funds that cannot be expended in accordance with given criteria shall be returned for
reallocation to another county.
2
9/20/04
., ~ ..
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,..".,
CHRONOLOGICAL STEPS IN THE DISTRIBUTION PROCESS
Chronological steps and responsible party for distributing the funds are as follows:
· Conduct a conference call with all [to be determined] to discuss how the fund will work
(Hurricane Relief Fund)
· Inform each county how much they will receive (Hurricane Relief Fund)
· Develop a local Unmet Needs Committee (county)
· Submit a local Distribution Plan for approval (county)
· Send the allocation to each county (Hurricane Relief Fund)
· Publicize the fund within the community (county)
· Distribute monies locally as efficiently and effectively as possible (county)
· Report how funds are spent (county)
· Return all unspent funds (county)
· Close out procedure on fund allocations (Hurricane Relief Fund)
3
9/20/04
"-'
..."J
ST. LUCIE COUNTY
MOSQUITO CONTROL DISTRICT
----
John D. Bruhn
District 1
Doug Coward
District 2
Paula A. Lewis
District 3
Frannie Hutchinson
District 4
Cliff Barnes
District 5
------
--
AGENDA
October 12] 2004
1. MINUTES
Approve the minutes of the meeting held September 28, 2004.
2. GENERAL PUBLIC COMMENT
CONSENT AGENDA
1. WARRANTS LISTS
Approve Warrants List No. S4] 5S and 1.
2. COUNTY ATTORNEY
Purchase of one SO KW Diesel Powered Portable Generator - Consider staff recommendation to approve
Equipment Request Form No. EQ OS-2S6, Budget Amendment No. OS-100 towards the emergency
purchase of one SO KW Diesel Powered Generator] using State funds resulting from surplus equipment sales
and monies from the State Utilities account.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community SelVices Manager at (772) 462-1777 or TDD (772)
462-1428 at least forty-eight (48) hours prior to the meeting.
'-'
,..."
MOSQUITO CONTROL DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: September 28, 2004
Tape: 1
Convened: 9:55 a.m.
Adjourned: 9:57 a.m.
Commissioners Present: Chairman, Doug Coward, Frannie Hutchinson, Paula A. Lewis,
John D. Bruhn, Cliff Barnes
Others Present: Ray Wazny, Asst. County Administrator, Dan McIntyre, County
Attorney, Jim David, Mosquito Control Director, Paul Phillips, Airport Director, Marie
Gouin, M & B Director, Chris Hartley, Finance Director; Millie Delgado-Feliciano,
Deputy Clerk
1. MINUTES
It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the minutes of the
meeting held August 24, 2004; and, upon roll call, motion carried unanimously.
2. GENERAL PUBLIC COMMENTS
None
3. CONSENT AGENDA
It was moved by Com. Banres, seconded by Com. Lewis, to approve the Consent Agenda
and upon roll call, motion carried unanimously.
1. W ARRAN LISTS
The Board approved Warrant List Nos. 49,40,51,52 and 53.
2. PURCHASING
A. Bid Waiver and Piggyback Martin County Bid No. AIR 04-327 for Aerial
Adulticiding Services- The Board approved the waiver of the bid process
and permission to piggyback Martin County Bid No. A.R04-327 Aerial
Adulticiding Services with Vector Disease Control, Inc., and authorized
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.,- The Board approved the first amendment to contact C04-05-395
with Native Technologies, Inc., and authorized the Chairman to sign the
amendment as prepared by the County Attorney.
The Chairman advised the Board of an error on the year which should read
2005.
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
-
Clerk of Circuit Court
09/30/04
FZABWARR
FUND
TITLE
~
...,¡
ST. LUCIE COUNTY - BOARD
WARRANT LIST #54- 18-SEP-2004 TO 24-SEP-2004
FUND SUMMARY- MOSQUITO
EXPENSES
145
Mosquito Fund
123,818.52
GRAND TOTAL:
123,818.52
PAGE
1
PAYROLL
51]438.53
51,438.53
10/01/04
FZABWARR
FUND
145
.'
TITLE
Mosquito Fund
'-'
ST. LUCIE COUNTY - BOARD
....,
WARRANT LIST #55- 25-SEP-2004 TO 30-SEP-2004
FUND SUMMARY- MOSQUITO
GRAND TOTAL:
EXPENSES
51,435.66
51]435.66
PAGE
1
PAYROLL
0.00
0.00
10/01/04
FZABWARR
FUND
145
.'
TITLE
'-"
ST. LUCIE COUNTY - BOARD
....,¡
WARRANT LIST # 1- 01-0CT-2004 TO 01-0CT-2004
FUND SUMMARY- MOSQUITO
Mosquito Fund
GRAND TOTAL:
EXPENSES
11]479.92
11,479.92
PAGE
1
PAYROLL
0.00
0.00
I
'r
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...,J
AGENDA REQUEST
ITEM NO. C -20
DATE: October 12, 2004
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ X]
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY: Mosquito Control
James R. David
SUBJECT: Emergency Purchase of one, 50 KW Diesel Powered Portable Generator
BACKGROUND: Funds are available in the State Fund pooled cash account which total $15,183.91, resulting
from surplus equipment sales. Staff requests permission to utilize these funds via the Fund Balance Forward
process plus monies from the State 'utilities' account, towards the emergency purchase of one, 50 KW
Diesel-Powered, emergency generator. The generator is to provide a power supply to the District
compound area during emergencies that result in prolonged power outages. Central Services
maintenance garage can also be supplied with power during these events. The generator will also be
used to operate impoundment pump stations when power is lost during prolonged outages in those areas,
in order to protect impoundment fish populations from stress, and provides the capability to test electrical
equipment during periods of power failure when assessing damages. The generator can also be used to
provide power to 3 Hp aerators at Bear Point Mitbank, in order to meet state water quality permit
requirements when not in emergency use. Equipment Request Form No. EQ 05-256, and Budget
Amendment No. 05-100 are submitted for Board Approval.
FUNDS A VAIL.: in 146-6231-543000-600 Utilities (State Funds) and $15,184 will come from the District Fund Balance
Forward (to be made available during the next Fund Balance Forward Hearing)
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board ap:>rove Equipment Request Form No. EQ 05256,
and Budget Amendment No. 05-100 towards the emergency purchase of one, 50 KW Diesel Powered
Generator, using State funds resulting from surplus equipment sales and monies from the State utilities
account.
COMMISSION ACTION: CE:
~ APPROVED [] DENIED
[ ] OTHER:
Approved 5-0
L ~
o glO5 Anderson
County Administrator
Review and Approvals
VC:ounty Attorney: ~anagement & Budget
c.-ðriginating Dept. Other:
Finance: (Check for opy only, if applicableL
~hasing:
Other:
Eff.5/96
·
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
James R. David, Mosquito Control Director
October 4, 2004
Purchase of 1, 50 KW Diesel Powered Generator - State Funds
BACKGROUND:
Funds are available in the State Fund pooled cash account which total $15,183.91, resulting
from surplus equipment sales. Staff requests permission to utilize these funds via the Fund
Balance Forward process plus monies from the State 'utilities' account. towards the
emergency purchase of one, 50 KW Diesel-Powered, emergency generator. The generator
is to provide a powersupply to the District compound area during emergencies that result in
prolonged power outages. Central Services maintenance garage can also be supplied
with power during these events. The generatorwill also be used to operate impoundment
pump stations when power is lost during prolonged outages in those areas, in order to
protect impoundment fish populations from stress, and provides the capability to test
electrical equipment during periods of power failure when assessing damages. The
generator can also be used to provide power to 3 Hp aerators at Bear Point Mitbank, in
order to meet state water quality permit requirements when not in emergency use.
Equipment Request Form No. EO 05-256, and Budget Amendment No. 05-100 are submitted
for Board Approval.
RECOMMENDATION
Staff recommends that the Board approve Equipment Request Form No. EO 05-256, and
Budget Amendment No. 05-100 towards the emergency purchase of one, 50 KW Diesel
Powered Generator, using State funds resulting from surplus equipment sales and monies
from the State utilities account
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BUDGET AMENDMENT REQUEST FORM
REQUESTING DEPARTMENT: Mosquito Control
PREPARED DATE: 10/412004
AGENDA DATE: 10/12/2004
I· ACCOUNT,NU~BER ACCOUNT NAI\IIE ' . ;:S~ºQt(fL<;;
TO: 146-6231-564000-600 Machinerv & Eauipment $5,000
FROM: 146-6231-543000-600 Utilities $5,000
REASON FOR BUDGET AMENDMENT: To help cover the cost of the generator.
CONTINGENCY BALANCE: nla
THIS AMENDMENT: nla
REMAINING BALANCE: nla
DEPARTMENT APPROVAL: fðal1)tnu-1_
OMB APPROVAL:
BUDGET AMENDMENT #: BA05-100
DOCUMENT # & INPUT BY:
\..t
ST. LUCIE COUNTY
EROSION DISTRICT
...;
-----
John D. Bruhn
District 1
Doug Coward
District 2
Paula A. Lewis
District 3
Frannie Hutchinson
District 4
AGENDA
October 12] 2004
1. MINUTES
Approve the minutes of the meeting held September 28, 2004.
2. GENERAL PUBLIC COMMENT
CONSENT AGENDA
1. WARRANTS LISTS
Approve Warrants List No. S4, SS and 1.
Cliff Barnes
District 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-\777 or TDD (772)
462-\428 at least forty-eight (48) hours prior to the meeting.
"".
...,;
EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: September 28, 2004
Tape: 1
Convened: 9:56 a.m.
Adjourned: 9:56 a.m.
Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, John D,
Bruhn, Paula A. Lewis, Cliff Barnes
Others Present: Ray Wazny, Asst. County Administrator, Dan McIntyre, County
Attorney, Paul Phi11ips, Airport Director, Marie Gouin, M & B Director, Chris Hartley,
Finance Director, Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES
It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the minutes of the
meeting held August 24, 2004; and , upon roll call, motion carried unanimously.
2. GENERAL PUBLIC COMMENTS
None
3. CONSENT AGENDA
It was moved by Com. Lewis, seconded by Com. Barnes, to approve the Consent
Agenda; and, upon roll call, motion carried unanimously.
1. WARRANT LIST
The Board approved Warrant List Nos. 49,50,51,52 and 53;
There being no further business to be brought before the Board, the meeting was
adjourned.
Chairman
Clerk of Circuit Court
09/30/04
FZABWARR
FUND
184
TITLE
'-"
ST. LUCIE COUNTY - BOARD
....;
WARRANT LIST #54- 18-SEP-2004 TO 24-SEP-2004
FUND SUMMARY- EROSION
EXPENSES
436.90
Erosion Control Operating Fund
436.90
GRAND TOTAL:
PAGE
1
PAYROLL
4,607.11
4]607.11
'-"
~
10/01/04
ST. LUCIE COUNTY - BOARD
PAGE
1
FZABWARR
WARRANT LIST #55- 25-SEP-2004 TO 30-SEP-2004
FUND SUMMARY- EROSION
FUND TITLE EXPENSES PAYROLL
184 Erosion Control Operating Fund 1,355.15 0.00
GRAND TOTAL: 1]355.15 0.00
,
10/01/04
FZABWARR
FUND
184
.
~'
jfi
....,
ST. LUCIE COUNTY - BOARD
PAGE
1
WARRANT LIST # 1- 01-0CT-2004 TO 01-0CT-2004
FUND SUMMARY- EROSION
TITLE EXPENSES PAYROLL
Erosion Control Operating Fund 4,262.11 0.00
GRAND TOTAL: 4,262.11 0.00
.