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Home My WebLink AboutAgenda Packet 11-02-04 ""'~~ , ~ ,...., . -«II;: ~,':¡¡:~~~',",,"'''''''~''' "c" ", . F\'I,-.~1~i~: j~'~~r~~$¥t,:-.;';~t'~~~:':~~) :- ,.f. -: ., "'. .." .t:):] f~~.r~:.:ª}:.",~~- /.: r~~.. ~ J: ' '~.' ~' .~ NOVEMBER 2, 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: (t) 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- t 777 or TDD (772) 462· t 428 at least forty-eight (48) hours prior to the meeting. ,. ~ BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fI.us _ 1'. .. ..' ~, ., ~";( ~~ . A " > . '" > 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. 5 November 2, 2004 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held on October 26, 2004. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-313a and Resolution No. 04-313b - Proclaiming the Month of November, 2004, as "HOSPICE MONTH" in St. Lucie County, Florida. B. Resolution No. 04-314 - Proclaiming the Month of November, 2004, as "HOME HEALTH CARE MONTH" in St. Lucie County, Florida. C. Everglades Restoration AccelerS Program briefing by Henry Dean, Executive Director of the South Florida Water Management District D. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA SA. /~ -- ----;;~~;;;--JjG0 - - t <61 ~,5v1 There are no public hearings for Nove'ßS ~~. ~ ~ c. ~ / 'F ?,¡ ~ END OF PUBLIC HEARINGS ----- ~~;:: µ;¡;;- 11'4- 3 r/- 6;!J COUNTY ATTORNEY ~ /'" ø;:' ~[} S'/~a'-~! ~~~ ( ,t./C" - ~r: Port St. Lucie Annexations - Kencoi Lennar - Settlement Agreement - Consider s recommendation to approve the Settlement Agreements with Kenco and Lennar and authorize the Chairman to sign the Settlement Agreements. 7. ADMINISTRATION Disaster Relief Funding Agreement - Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 04-321. ~ ~. ..",I Regular Agenda November 2, 2004 Page Two 8. ADMINISTRATION Increase staffing within the Growth Management Department - Staff recommends filling one (1) vacant Planner III position at $SS,OOO, the creation of two (2) new Planner III positions ($40,577.06- $64,079.40) and the addition of one (1) new Planning Manager position ($46,232.99-$73,462.90). ~ ...I CONSENT AGENDA NOVEMBER 2. 2004 1. WARRANTS LISTS Approve warrants list No. 58 and 5. 2. COUNTY ATTORNEY A. Resolution No. 04-318 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 04-319 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 04-318 and Resolution No. 04-319 and authorize the Chairman to sign the Resolutions. B. Licensing Agreement with American Society of Composers, Authors, and Publishers (ASCAP) - Consider staff recommendation to approve the purchase of a License Agreement. C. South 2Sth Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easements - Barbara A. Wax - John K. and Mary Ann James - Consider staff recommendation to accept the Temporary Construction Easements, authorize the Chairman to sign Resolution No. 04-316 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. D. South 25th Street Roadway Widening - Midway Road to Edwards Road - Orend et. al - Consider staff recommendation to approve the Contract for Sale and Purchase with the property owners in the amount of THIRTY FOUR THOUSAND ONE HUNDRED and no/100 DOLLARS ($34,100.00) as shown on the attached map, 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. E. Right-of-way Abandonment - Silver Oak Drive - Request Permission to Advertise - Notice of Public Hearing - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on November 23, 2004, at 9:00a.m., or as soon thereafter as possible. 3. PARKS REFERENDUM f>/ z", ~ 1/1 Lakewood Park Design Build Project - Consider staff recommendation to approve the additional $690,49'7 from Park Referendum dollars for completion of the Lakewood Park Project, approve the contract with Recreational Design as drafted by the County Attorney, and authorize the Chairman to sign. 4. MANAGEMENT AND BUDGET Permission to Advertise Public Hearing for Public Works Solid Waste Division. - Consider staff recommendation to authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. S. PARKS AND RECREATION A. Purchase of floor scrubber and vacuum for Tradition Field Stadium. Approval of Equipment Request No.'s 05-262 and OS-263. Approval of Budget Amendment No. OS-103. - Consider staff recommendation to approve the purchase of a Minuteman Parker Vac-3S for the amount of $2,233.00 and a Minuteman 200x series automatic floor scrubber for the amount of $2,205.00 to be used at Tradition Field Stadium. And also approve Equipment Request #'s OS-262, OS-263 and Budget Amendment No. OS-1 03. \.r' -' Consent Agenda November 2, 2004 Page Two B. Sole Source status request for specified Fairwinds Golf Course - Consider staff recommendation to approve Titlelist Golf, Foot Joy, Callaway Golf, and Cleveland Golf as sole source providers for their respective brand of golf merchandise. Staff also recommends approval of a purchasing level of not more than $25,000 for each of the aforementioned distributors, effective October 1, 2004 through September 30, 2005. 6. INVESTMENT FOR THE FUTURE A. Central Services Division - Department of Environmental Protection-FRDAP #F02281 - Agreement Extension/Amendment No. 2 - Savanna Recreation Area-Phase II - Consider staff recommendation to approve Amendment No.2 to the FDRAP Agreement for Savanna Recreation Area-Phase II for a six (6) month extension with a completion date of September 30, 200S and authorize the Chair to sign Amendment No.2. B. Purchasing Department - Bid #04-063 - Dollman Beach Park - (East) - Consider staff recommendation to award Bid #04-063 - Dollman Beach Park - (East) to the lowest bidder Overland Construction Company for a total amount of $327,SOO.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. 7. CENTRAL SERVICES TECO BGA, Inc.lName Change - Consider staff recommendation to approve the "Acknowledgment of BGA, Inc. Contract" and authorize the Chair to sign this Acknowledgment to allow for execution. 8. AIRPORT Reorganization - Airport Department - Consider staff recommendation approve the job title change for Airport Manager, and title and responsibility changes for Airport Coordinator, and Operations Technician II positions requested for St. Lucie County International Airport. 9. PUBLIC SAFETY 9G - 19 Grant - County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA) - Consider staff recommendation to approve Agreement #OSBG-04-1 0-66-0 1-along with Resolution #04-317 and have the Chairman to sign. 10. PURCHASING Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne - Consider staff recommendation: (1) Ratify the County Administrator's Order effective September 3, 2004 at S:OO P.M. and September 24, 2004 at 9:00 A.M., (2) Approve the waiver of sealed bids as a result of the declared emergency, (3) Ratify the County Administrator's approval of the list of emergency purchases, and authorize the Chairman to sign contracts as prepared by the County Attorney. 11. UTILITIES Staff requests approval of a proposal from Greenberg Traurig for consulting services for the consolidation of the Holiday Pines Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport System and the Central County Utility System into a single utility system in the amount of $90,000.00. - Consider staff recommendation to approve a proposal from Greenberg Traurig for consulting services for the consolidation of the Holiday Pines Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport System and the Central County Utility System into a single utility system in the amount of $90,000.00. Subject to contract preparation and approval by the county attorney. '-" ..J Consent Agenda November 2, 2004 Page Three 12. ADMINISTRATION Tradition Field - Exhibits to Facilities Use Agreement - Consider staff recommendation to approve the Exhibits and authorize the Chairman to sign the Exhibits. \.t. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ..., --------- ---- ANNOUNCEMENTS NOVEMBER 2, 2004 1 . County Commissioners meeting changes: · 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 1S, 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. 2. The St. Lucie County Master Gardeners are hosting their 21 st annual plant sale November 13, 2004 from 8:00 a.m. - 2:00 p.m. and Sunday, November 14, 2004 from 9:00 a.m. - 2:00 p.m. at the garden located at 8400 Picos Road 3. The Conservation Alliance "Party in the Park" has been rescheduled to Saturday, January 22, 2005, from 10:00 a.m. to 4:00 p.m. 4. There will be a public informational meeting on Indian River Drive Wednesday, November 3, 2004 at 6:00 p.m. in the County Commission Chambers. 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. \wr ·*f~~;~~~}~1~~fi~1:·~·:o"~~~r~·:.'. ~". .; ....tI ;;t~;'(;:i>f"..¡~i':"~.---'.. > . . NOVEMBER 2, 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: (t) 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- t 777 or TDD (772) 462- t 428 at least forty-eight (48) hours prior to the meeting. '- BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fI.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No.2 District No.4 District No. 5 November 2, 2004 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE ~ (¡\ (\¡~íi. MINUTES r\\)~ h./. ',0 t . f Approve the minutes of the meeting held on Octob 2. r PROCLAMATIONS/PRESENTATIONS /D~¡ F:\ )~~\, A. +\y~ ~/U '. ~.{ld B. . ,,(C . f~~f)/U .. C. Resolution No. 04-313a and Resolution 2004, as "HOSPICE MONTH" in St. Luci Resolution No. 04-314 - Proclaiming th CARE MONTH" in St. Lucie County, Flori Everglades Restoration Acceler8 Program b Florida Water Management District D. Reading of the announcements by the Co 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA Î C cry\ ___~~íG.--- PUBLIC H SA. There are no public hearings for November 2, 2 --------- øD " iC f\~y U ~/ ¡ , . I \JIG h 0)<) tv AeV (ex c. "~i ( I COUNTY ATTORNEY Port St. Lucie Annexations - Kenco¡ Lennar - approve the Settlement Agreements with Ken Settlement Agreements. ,~~iJ~ ~,ill~\" O. f'\ V)/ ADMINISTRATION Disaster Relief Funding Agreement - Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 04-32 t. 'w. ~ Regular Agenda November 2, 2004 Page Two 8. ADMINISTRATION Increase staffing within the Growth Management Department - Staff recommends filling one (1) vacant Planner III position at $55,000, the creation of two (2) new Planner III positions ($40,S77.06- $64,079.40) and the addition of one (1) new Planning Manager position ($46,232.99-$ 73,462.90). '-' CONSENT AGENDA NOVEMBER 2.2004 ..J 1. WARRANTS LISTS Approve warrants list No. S8 and S. 2. COUNTY ATTORNEY A. Resolution No. 04-318 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 04-319 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 04-318 and Resolution No. 04-319 and authorize the Chairman to sign the Resolutions. B. Licensing Agreement with American Society of Composers, Authors, and Publishers (ASCAP) - Consider staff recommendation to approve the purchase of a License Agreement. C. South 2Sth Street Roadway Widening - Midway Road to Edwards Road - Temporary Construction Easements - Barbara A. Wax - John K. and Mary Ann James - Consider staff recommendation to accept the Temporary Construction Easements, authorize the Chairman to sign Resolution No. 04-316 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. D. South 2Sth Street Roadway Widening - Midway Road to Edwards Road - Orend et. al - Consider staff recommendation to approve the Contract for Sale and Purchase with the property owners in the amount of THIRTY FOUR THOUSAND ONE HUNDRED and no/100 DOLLARS ($34,100.00) as shown on the attached map, 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. E.. Right-of-way Abandonment - Silver Oak Drive - Request Permission to Advertise - Notice of Public Hearing - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on November 23, 2004, at 9:00a.m., or as soon thereafter as possible. PARKS REFERENDUM 8'/,) 97. Lakewood Park Design Build Project - Consider staff recommendadon to approve the additlOnaE,~0 from Park Referendum dollars for completion of the Lakewood Park Project, approve the co . Recreational Design as drafted by the County Attorney, and authorize the Chairman to sign. 4. MANAGEMENT AND BUDGET Permission to Advertise Public Hearing for Public Works Solid Waste Division. - Consider staff recommendation to authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. 5. PARKS AND RECREATION A. Purchase of floor scrubber and vacuum for Tradition Field Stadium. Approval of Equipment Request No.'s OS-262 and 05-263. Approval of Budget Amendment No. OS-103. - Consider staff recommendation to approve the purchase of a Minuteman Parker Vac-35 for the amount of $2,233.00 and a Minuteman 200x series automatic floor scrubber for the amount of $2,20S.00 to be used at Tradition Field Stadium. And also approve Equipment Request #'s OS-262, OS-263 and Budget Amendment No. 05-103. \w' ...,,¡ Consent Agenda November 2, 2004 Page Two B. Sole Source status request for specified Fairwinds Golf Course - Consider staff recommendation to approve Titlelist Golf, Foot Joy, Callaway Golf, and Cleveland Golf as sole source providers for their respective brand of golf merchandise. Staff also recommends approval of a purchasing level of not more than $2S,OOO for each of the aforementioned distributors, effective October 1, 2004 through September 30, 200S. 6. INVESTMENT FOR THE FUTURE A. Central Services Division - Department of Environmental Protection-FRDAP #F02281 - Agreement Extension/Amendment No. 2 - Savanna Recreation Area-Phase II - Consider staff recommendation to approve Amendment No.2 to the FDRAP Agreement for Savanna Recreation Area-Phase II for a six (6) month extension with a completion date of September 30, 200S and authorize the Chair to sign Amendment No.2. B. Purchasing Department - Bid #04-063 - Dollman Beach Park - (East) - Consider staff recommendation to award Bid #04-063 - Dollman Beach Park - (East) to the lowest bidder Overland Construction Company for a total amount of $327,500.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. 7. CENTRAL SERVICES TECO BGA, Inc.lName Change - Consider staff recommendation to approve the "Acknowledgment of BGA, Inc. Contract" and authorize the Chair to sign this Acknowledgment to allow for execution. 8. AIRPORT Reorganization - Airport Department - Consider staff recommendation approve the job title change for Airport Manager, and title and responsibility changes for Airport Coordinator, and Operations Technician II positions requested for St. Lucie County International Airport. 9. PUBLIC SAFETY 9G - 19 Grant - County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA) - Consider staff recommendation to approve Agreement #05BG-04-1 0-66-01-along with Resolution #04-317 and have the Chairman to sign. 10. PURCHASING Approval of Bid Waiver and Ratification of Emergency Purchases from Hurricane Frances/Jeanne - Consider staff recommendation: (1) Ratify the County Administrator's Order effective September 3, 2004 at S:OO P.M. and September 24, 2004 at 9:00 A.M., (2) Approve the waiver of sealed bids as a result of the declared emergency, (3) Ratify the County Administrator's approval of the list of emergency purchases, and authorize the Chairman to sign contracts as prepared by the County Attorney. 11. UTILITIES Staff requests approval of a proposal from Greenberg Traurig for consulting services for the consolidation of the Holiday Pines Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport System and the Central County Utility System into a single utility system in the amount of $90,000.00. - Consider staff recommendation to approve a proposal from Greenberg Traurig for consulting services for the consolidation of the Holiday Pines Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport System and the Central County Utility System into a single utility system in the amount of $90,000.00. Subject to contract preparation and approval by the county attorney. \w ~ Consent Agenda November 2, 2004 Page Three 12. ADMINISTRATION Tradition Field - Exhibits to Facilities Use Agreement - Consider staff recommendation to approve the Exhibits and authorize the Chairman to sign the Exhibits. ~T. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ...., ------- ---- ANNOUNCEMENTS NOVEMBER 2, 2004 1. County Commissioners meeting changes: · 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. 2. The St. Lucie County Master Gardeners are hosting their 21 st annual plant sale November 13, 2004 from 8:00 a.m. - 2:00 p.m. and Sunday, November 14, 2004 from 9:00 a.m. . 2:00 p.m. at the garden located at 8400 Picos Road 3. The Conservation Alliance "Party in the Park" has been rescheduled to Saturday, January 22, 2005, from 10:00 a.m. to 4:00 p.m. 4. There will be a public informational meeting on Indian River Drive Wednesday, November 3, 2004 at 6:00 p.m. in the County Commission Chambers. 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. ~ f\ PI) (L~~~' -n f)'-,U 2. ~ , ~ v"'\ ~rQ\(, P\~/~ iJj ~ ..,., 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 November 2, 2004 MINUTES Approve the minutes of the meeting held October 26, 2004. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. S8 and 4. COUNTY ATTORNEY Impoundment Restoration - Second Amendment to Agreement with Native Technologies, Inc. (C04-0S- 39S) - Consider staff recommendation to approve the proposed Second Amendment with Native Technologies, Inc. (C04-0S-39S), and authorize the Chairman to sign the Second Amendment. 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. ~. .. \..f ...." AGENDA REQUEST ITEM NO. ~ DATE: November 2,2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Port St. Lucie Annexations - Kenco; Lennar - Settlement Agreement BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Settlement Agreements with Kenco and Lennar and authorize the Chairman to sign the Settlement Agreements. COMMISSION ACTION: uglas Anderson County Administrator ~] APPROVED [ ] DENIED [ ] OTHER: Motion to approve striking #8 and eliminating all references to SAD's, Approved 5-0 County Attorney: J~' Review and Approvals 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 Ray Wozny, Assistant County Administrator C.A. NO.: 04-1462 DATE: October 25, 2004 SUBJECT: Port St. Lucie Annexation - Kenco; Lennar - Status Update ************************************************************************** BACKGROUND: On July 23, 2004, County staff met with City staff, representatives of Kenco and Lennar and a mediator to discuss possible resolution of the County's appeal of the City's adoption of ordinances annexing parcels owned by Kenco and Lennar. A copy of the County's Petition for Writ of Certiorari without attachments is attached. During the mediation session, County staff proposed 2 concepts that might potentially help resolve the dispute: (1) improved communication between the County and the City to try to avoid future conflicts; and (2) fair share contributions by the developers (Kenco and Lennar) for impacts on County facilities (e.g. roads - drainage) caused by the developments. No dollar amounts were proposed by County staff. The parties discussed the concepts for several hours but no resolution was reached. County staff agreed to draft some language concerning the improved communication issue and discuss the fair share contribution issue with the developers. Based on discussions with the mediator, County staff left the mediation with the understanding that the mediation discussions were confidential. Subsequent to the mediation, the developers presented County staff with traffic studies that addressed impacts on County roads including Midway Road, McCarty Road and Glades Cut-Off Road. In addition, the County Attorney faxed a letter on August 5, 2004 including proposed communication language to the City's outside counsel and the mediator. A copy of the August 5 letter with enclosures is attached. The communication language proposed by the County Attorney is based on language contained in an existing Interlocal Agreement dated December 5, 2000 between the County, the City and the City of Port St. Lucie Community Redevelopment ~ --' Agency (CRA). In the December 5, 2000 Interlocal Agreement, the County agreed, at the request of the City and the City's CRA, to consider any comments by the City and the City's CRA on development applications in the unincorporated county in close proximity to the City's CRA. The mediator contacted County staff and indicated that the City staff would not agree to recommend that the City approve the improved communication language proposed by County staff in the August 5 letter. The mediator also informed County staff that the City did not want to be a party to a Stipulated Settlement Agreement. RECOMMENDATION/CONCLUSION: Attached to this memorandum is a copy of proposed Settlement Agreements with Kenco and Lennar. Both agreements provide for developer contributions as follows: Lennar - $2,019.00 per unit (estimated to total $1,183,184.00 based on 586 projected units) Kenco - will attempt to organize a special assessment district for funding improvements to Midway Road; in the event the district is not created, Kenco will pay$2,000 per unit (estimated to total $1,750,000.00 based on 875 projected residential units. Both Kenco and Lennar will secure their contribution commitments with letters of credit. The draft agreements also provide for Kenco to donate right-of-way on Midway Road and McCarty Road to the County. County staff has reviewed the proposed contributions and determined that the contributions represent fair share contributions for impacts by the developers on County roads. Staff recommends that the Board approve the Settlement Agreements and authorize the Chairman to sign the Agreements. Daniel S. McIntyre County Attorney DSM/ caf Attachments '-' ..., IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA APPELLATE DIVISION ST. LUCIE COUNTY, a political subdivision of the State of Florida, Petitioner, vs. CIRCUIT CASE NO.: 04-CA-000377 (PC) CITY OF PORT ST. LUCIE, a municipal corporation, Respondent, and KENCO COMMUNITIES AT PORT ST. LUCIE, INC., a Florida corporation; and LENNAR HOMES, INC., a Florida corporation, Intervenors. / SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made and entered into by and between St. Lucie County, a political subdivision of the State of Florida, (the "County") and Kenco Communities at Port St. Lucie, Inc., a Florida corporation ("Kenco"). WITNESSETH WHEREAS, an action is pending in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, Case No. 04-CA-000377(PC) (the "Action"); and {00001140,5} \...... ....I WHEREAS, Kenco has been granted leave by the St. Lucie Circuit Court to intervene in the Action; and WHEREAS, the County has requested the Court in the Action to quash an administrative order and ordinance of the City of Port St. Lucie, a Florida municipal corporation ("City"), authorizing the annexation of land located in the County owned by Kenco and which is vital to the developmental plans of Kenco, said land more particularly described in Exhibit "A", attached hereto and made a part hereof (the "Property"); and WHEREAS, Kenco and the County agree that it is in their best interest to amicably resolve their differences, without the need for further litigation and expense; and NOW THEREFORE, in consideration on the promises herein contained, the County and Kenco agree as follows: I. OBLIGATIONS AND REPRESENTATIONS 1. Within thirty-six (36) months following the issuance of final development permit approvals by the City of Port St. Lucie, Kenco will commence improvements to McCarty Road for approximately one (1) mile immediately south of Midway Road to Newell Road for a two-lane roadway section in accordance with standard County road design specifications. These improvements shall not be eligible for credits against road impact fees. 2. Kenco shall have the right, at its expense, to organize and within eighteen (18) months following the effective date of this Agreement, petition the County for the formation of a special assessment district or similar mechanism (collectively, "SAD") for {OOOOI140,5} 2 / ,r) (' . ~ .,0' III'" Ar ~. vi ~....,It AÅ" t p"" JJ ~~ ¡;Y"C}s\ r ,)~{1r' the funding for design and constructio of the improvelnts to approximately 4.5 miles ~ of Midway Road west ofI-95 to S te Road 70 (Okeechobee Road) to create a four-lane boulevard section, with utilities. The County's approval of the SAD will not be unreasonably withheld or delayed. At Kenco's option, the construction may be phased so that mobilization for the construction of improvements to the eastern approximately 1.9 miles if Midway Road (terminating at the western boundary of the Property) (the "Eastern Phase") would commence within twenty-four (24) months following the effective date of this Agreement, in which event mobilization of construction of improvements to the balance of Midway Road to State Road 70 (Okeechobee Road) (the western approximately 2.6 miles) (the "Western Phase") would commence within thirty- six (36) months of issuance of permits authorizing construction of the Eastern Phase. Construction of the Eastern Phase addresses eighty-five percent (85%) of the traffic impact from the Property, and construction of Western Phase addresses fifteen percent (15%) of said impact. All construction must be consistent with standard County road design specifications. These improvements shall not be eligible for credits against road impact fees. 3. The organization of an SAD will involve the agreement of property owners along or near Midway Road to contribute to the cost of the improvements, together with consent by the City and County to create an SAD resulting in the imposition of assessments (and the appropriate encumbrances) against surrounding properties benefited by such improvements, and therefore will be a complex and time consuming effort on the part of Kenco. Accordingly, reasonable extensions of the time periods set forth in Paragraph 2 above (not to exceed 24 months) shall be granted to {OOOOl140,5} 3 '-' .""" Kenco upon written request and demonstration by Kenco that it has been proceeding in good faith to obtain such consents in preparation to petition the County to form the SAD. Furthermore, the County agrees that any property specially benefited by the Midway Road improvement shall pay its "fair share" of the cost; therefore, the County agrees to hold a public hearing and require reimbursement to the SAD or other body (not to exceed the amount of special benefit) from any property that is specially benefited by the Midway Road improvements that does not participate in the SAD, prior to development of such property. 4. Pursuant to Paragraphs 2 and 3 above, in the event Kenco fails to (i) proceed in good faith to obtain consent to the SAD, or (ii) petition the County for formation of the SAD, Kenco will pay a voluntary contribution of $2,000.00 per residential unit (estimated to total $1,750,000.00 based upon 875 projected residential units) to the County for the cost to improve Midway Road. The actual cost will be based on the number of approved units pursuant to Kenco's final site plan for the Property. There will be no additional fee or contribution applicable to non-residential uses on the Property . 5. Kenco will secure its obligation to pay the County pursuant to Paragraph 4 by delivery to the County of a letter of credit, in form and content reasonably agreeable to the County, in the amount of$1,750,000.00 (the "Letter to Credit") within sixty (60) days from the date of this Agreement. At such time as Kenco completes construction of the Eastern Phase, Kenco will have satisfied eight-five percent (85%) of its voluntary contribution due to the County pursuant to Paragraph 4, and Kenco shall have the right to deliver to the County a substitute letter of credit in the amount of $262,500.00, and the {OOOOlI405) 4 '-' ..., County will immediately return the Letter of Credit to Kenco. Upon either (x) formation of the SAD and levy ofthe assessment provided for therein, or (y) payment by Kenco pursuant to Paragraph 4 above, the Letter of Credit will be immediately returned to Kenco. 6. Any money received by the County from Kenco pursuant to this Agreement, whether by payment from Kenco or drawdown on the Letter of Credit by the County, shall be applied by the County expeditiously either to purchase right of way for, or to construction of improvements to, Midway Road west ofI-95. 7. Kenco agrees to reserve a sufficient portion of the Property, as reasonably determined by the County, for additional right of way for both Midway Road and McCarty Road; provided, however, that such reserved area shall not exceed L) feet wide along Midway Road nor L) feet wide along McCarty Road. Kenco will receive no direct monetary compensation for this right of way, but as to the dedication of right of way along McCarty Road, if Kenco shall apply for impact fee credits for donation of right of way that is non-site related against the impact fees collected by the County for building permits issued for construction on the Property, the County agrees to grant such credits in accordance with the County's ordinances. 8. Kenco may develop additional properties in the future within four (4) miles of the Midway Road/McCarty Road intersection and address the impact of same upon Midway Road by the payment of the then current road impact fee, plus the voluntary contribution of an additional amount per residential home, up to a maximum of 1,750 additional residential units at an average density not greater that 2.9 units per acre on such additional properties, calculated either by (i) using the same traffic modeling for {OOOOI140,5} 5 ~ -.,¡/ trip generation used to establish the contribution set forth in Paragraph 4 above, or (ii) determination and certification of the engineer of record for creation of the SAD as to an equitable amount (not to exceed $2,000.00 per unit). Kenco shall have the rights set forth in this Paragraph 8 for a period of time not to exceed ninety-six (96) months from the issuance of a permit for the construction of the Eastern Phase as set forth above. There will be no additional fee or contribution applicable to non-residential uses on any additional properties. 9. On or before 12:00 p.m. on November 15, 2004, the County will send by telefax and US Mail the letter, attached hereto as Exhibit "B" and made a part hereof, to the Florida Department of Community Affairs ("DCA"). 10. Upon receipt by the County of the Letter of Credit, the County will file the appropriate pleadings necessary to dismiss and/or withdraw the Action in all respects as to Kenco, including the County's request that Port St. Lucie Ordinance 03-169 authorizing the annexation of Kenco' s property be quashed. Each party will bear its own fees and costs. II. CONDITIONS PRECEDENT Kenco's obligations set forth above are conditioned upon (a) approval of Ken co's pending land use amendment for the Property by DCA, (b) Kenco receiving final site plan approval from the City, for the construction of not less than 680 residential units, and (c) all appeals periods for the foregoing expiring without any appeal having been filed. In the event the foregoing conditions are not satisfied within 18 months following the date of this Agreement (the "Deadline"), Kenco shall have the right to request, in writing, the return of the Letter of Credit. If Kenco makes such request, the County shall {OOOOI1405} 6 \..- .I return the Letter of Credit to Kenco, upon delivery by Kenco to the County of the "Contribution Agreement" (as defined below). Notwithstanding the foregoing, Kenco shall have the right to unilaterally extend the Deadline (not to exceed an additional 24 months)' upon written notice to the County of same, in which event the foregoing sentence shall apply to the Deadline, as extended. The Contribution Agreement shall provide, upon terms and conditions that are mutually and reasonably satisfactory to the County and Kenco, that the County shall be paid $2,000.00 at application for building permit for each residential unit constructed on the Property in addition to the then existing road impact fee. The Contribution Agreement shall be recorded in the public records to be binding upon successor and assigns in accordance with the provisions of Article IV below. III. FURTHER ASSISTANCE AND ASSURANCES The County and Kenco shall hereafter both timely execute all documents and do all acts necessary, convenient or desirable to effect the provisions of this Agreement, including the review by the County of plans and specifications. Planning, design, engineering and construction of improvements to all roads shall reasonably conform to applicable standards of the County. The County will cooperate with Kenco in its efforts to form the SAD, including obtaining the necessary right of way for the expansion of Midway Road as part of construction of the improvement to Midway Road. IV. SUCCESSORS The provisions of this Agreement shall be deemed to obligate, extend to, and inure to the benefit of and be a burden on the County and Kenco (with regard to the Property), their heirs, successors, assigns, transferees, grantees, and indemnitees, whether {OOOOI140,5} 7 ~ ...I voluntarily or involuntarily, and shall run with the Property. In the event the Property is subdivided or split into more than one parcel, then each parcel shall share pro rata in the benefits and burdens of this Agreement based on the number of residential units approved for each parcel. V. INTERPRETATION This Agreement shall be interpreted and enforced under and governed by the laws of the State of Florida. Any change or modification to this Agreement shall be made in writing and with the consent of all parties to the Agreement. VI. SEVERANCE If any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted; and neither such provision, nor its severance and deletion, shall affect the validity of the remammg provlSlons. VII. INTEGRATION This Agreement (after full execution and delivery) memorializes and constitutes the entire agreement and understanding between the County and Kenco and supersedes and replaces all prior negotiations, proposed agreement and agreements, whether written or unwritten. The parties acknowledge that no other party, nor any agent or attorney of any other party, has made any promise, representation, or warranty whatsoever. VIII. ENFORCEABILITY In the event any party hereto shall commence legal proceedings against the other to enforce the terms hereof, or to declare rights hereunder, as the result of a breach of any covenant or condition of this Agreement, the prevailing party in such proceeding shall be {OOOOI140,5} 8 '-' '-' entitled to recover from the losing party its cost of suit, including reasonable attorney's fees, as may be fixed by the Court. IX. VENUE Venue for any legal proceeding in this matter shall be in S1. Lucie County. X. NOTICES Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by hand delivery, by certified U.S. mail, return receipt requested or by overnight courier, as follows: If to Kenco: Dean Borg Kenco Communities, Inc. 105 Isle Verde Way Palm Beach Gardens, FL 33418 With copy to: Klein & Dobbins, P.L. 805 Virginia Avenue Suite 25 Fort Pierce, FL 34982 Attn: Robert N. Klein, Esq. If to County: S1. Lucie County c/o County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 XI. COUNTERPARTS This Agreement may be executed in one or more counterparts and shall become effective when such counterparts have been executed by each of the parties. The signatories to this Agreement represent that they have read and understand the foregoing provisions and are fully authorized and competent to enter into this Agreement. {000011405} 9 ATTEST: '-" {00001140,5} Deputy Clerk ..J COUNTY: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney Date: KENCO: KENCO COMMUNITIES AT PORT ST. LUCIE, INC. By: Print Name: Its: Date: [Corporate Seal] 10 {OOOOI140,5} ~ Exhibit "A" LEGAL DESCRIPTION OF THE PROPERTY ~ {OOOOJ ¡40,S} ~ 'wi Exhibit "B" COUNTY LETTER TO DCA 12 \w- ~ IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA APPELLATE DIVISION ST. LUCIE COUNTY, a political subdivision of the State of Florida, Petitioner, vs. CIRCUIT CASE NO.: 04-CA-000377 (PC) CITY OF PORT ST. LUCIE, a municipal corporation, Respondent, and KENCO COMMUNITIES AT PORT ST. LUCIE, INC., a Florida corporation; and LENNAR HOMES, INC., a Florida corporation, Intervenors. / SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made and entered into by and between St. Lucie County, a political subdivision of the State of Florida, (the "County") and Lennar Homes, Inc., a Florida corporation ("Lennar"). WITNESSETH WHEREAS, an action is pending in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, Case No. 04-CA-000377(PC) (the "Action"); and {00001323,2} '-' ..J WHEREAS, Lennar has been granted leave by the S1. Lucie Circuit Court to intervene in the Action; and WHEREAS, the County has requested the Court in the Action to quash an administrative order and ordinance of the City of Port S1. Lucie, a Florida municipal corporation ("City"), authorizing the annexation of land located in the County owned by Lennar and which is vital to the developmental plans of Lennar, said land more particularly described in Exhibit "A", attached hereto and made a part hereof (the "Property"); and WHEREAS, Lennar and the County agree that it is in their best interest to amicably resolve their differences, without the need for further litigation and expense; and NOW THEREFORE, in consideration on the promises herein contained, the County and Lennar agree as follows: I. OBLIGATIONS AND REPRESENT A TIONS 1. Lennar will pay a voluntary contribution of $2,019.00 per residential unit (estimated to total $1,183,134.00 based upon 586 projected residential units) to the County for purposes of defraying the cost of necessary traffic improvements in and around the Lennar Property. The actual cost will be based on the number of approved units pursuant to Lennar's final site plan for the Property. There will be no additional fee or contribution applicable to non-residential uses on the Property. This contribution shall not be eligible for credits against road impact fees. 2. Lennar will secure its obligation to pay the County pursuant to Paragraph 1 by delivery to the County of a letter of credit, in form and content mutually agreeable to {00001323,2} } 2 ~ -..I Lennar and the County, in the amount of$I,183,134.00 (the "Letter to Credit") within sixty (60) days from the date of this Agreement. Upon payment by Lennar pursuant to Paragraph 1 above, the Letter of Credit will be immediately returned to Lennar. 3. Any money received by the County from Lennar pursuant to this Agreement, whether by payment from Lennar or drawdown on the Letter of Credit by the County, shall be utilized by the County to make traffic improvements in and around the Lennar Property. 4. On or before 12:00 p.m. on November 15, 2004, the County will send by telefax and US Mail the letter, attached hereto as Exhibit "B" and made a part hereof, to the Florida Department of Community Affairs ("DCA"). 5. Upon receipt by the County of the Le1;ter of Credit, the County will file the appropriate pleadings necessary to dismiss and/or withdraw the Action in all respects as to Lennar, including the County's request that Port St. Lucie Ordinance 03-172 authorizing the annexation of Lennar's property be quashed. Each party will bear its own fees and costs. II. CONDITIONS PRECEDENT Lennar's obligations set forth above are conditioned upon (a) approval of Lennar's pending land use amendment for the Property by DCA, (b) Lennar receiving final site plan approval from the City, for the construction of not less than 570 residential units, and (c) all appeals periods for the foregoing expiring without any appeal having been filed. In the event the foregoing conditions are not satisfied within 18 months following the date of this Agreement (the "Deadline"), Lennar shall have the right to request, in writing, the return of the Letter of Credit. If Lennar makes such request, the {00001323-2} } 3 ~ ....., County shall return the Letter of Credit to Lennar, upon delivery by Lennar to the County of the "Contribution Agreement" (as defined below). Notwithstanding the foregoing, Lennar shall have the right to unilaterally extend the Deadline (not to exceed an additional 24 months) upon written notice to the County of same, in which event the foregoing sentence shall apply the Deadline, as extended. The Contribution Agreement shall provjde, upon terms and conditions that are mutually and reasonably satisfactory to the County and Lennar, that the County shall be paid $2,019.00 at application for building permit for each residential unit constructed on the Property, in addition to the then existing road impact fee. The Contribution Agreement shall be recorded in the public records to be binding upon successors and assigns in accordance with Article IV below. III. FURTHER ASSISTANCE AND ASSURANCES The County and Lennar shall hereafter both timely execute all documents and do all acts necessary, convenient or desirable to effect the provisions of this Agreement, including the review by the County of plans and specifications. Planning, design, engineering and construction of improvements to all roads shall reasonably conform to applicable standards of the County. IV. SUCCESSORS The provisions of this Agreement shall be deemed to obligate, extend to, and inure to the benefit of and be a burden on the County and Lennar (with regard to the Property), their heirs, successors, assigns, transferees, grantees, and indemnitees, whether voluntarily or involuntarily, and shall run with the Property. In the event the Property is subdivided or split into more than one parcel, then each parcel shall share pro rata in the {OOOOI323,2} } 4 '-' "'" benefits and burdens of this Agreement based on the number of residential units approved for each parcel. V. INTERPRETATION This Agreement shall be interpreted and enforced under and governed by the laws of the State of Florida. Any change or modification to this Agreement shall be made in writing and with the consent of all parties to the Agreement. VI. SEVERANCE If any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted; and neither such provision, nor its severance and deletion, shall affect the validity of the remammg prOVISIOns. VII. INTEGRATION This Agreement (after full execution and delivery) memorializes and constitutes the entire agreement and understanding between the County and Lennar and supersedes and replaces all prior negotiations, proposed agreement and agreements, whether written or unwritten. The parties acknowledge that no other party, nor any agent or attorney of any other party, has made any promise, representation, or warranty whatsoever. VIII. ENFORCEABILITY In the event any party hereto shall commence legal proceedings against the other to enforce the terms hereof, or to declare rights hereunder, as the result of a breach of any covenant or condition of this Agreement, the prevailing party in such proceeding shall be entitled to recover from the losing party its cost of suit, including reasonable attorney's fees, as may be fixed by the Court. {00001323-Z} } 5 '-' ..." IX. VENUE Venue for any legal proceeding in this matter shall be S1. Lucie County. X. NOTICES Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by hand delivery, by certified U.S. mail, return receipt requested or by overnight courier, as follows: If to Lennar: Rett Waldman Lennar Homes, Inc. 1015 North State Road 7, Suite C Royal Palm Beach, Florida 33411 With copy to: Gary K. Hunter, Jr. Hopping Green & Sams 123 South Calhoun Street Tallahassee, FL 32301 If to County: St. Lucie County c/o County Attorney's Office 2300 Virginia Avenue Fort Pierce, FL 34982 X. COUNTERPARTS This Agreement may be executed in one or more counterparts and shall become effective when such counterparts have been executed by each of the parties. The signatories to this Agreement represent that they have read and understand the foregoing provisions and are fully authorized and competent to enter into this Agreement. {000013n2) } 6 ATTEST: '-' {00001323.2} } Deputy Clerk 'wi COUNTY: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney Date: LENNAR: LENNAR HOMES, INC. By: Print Name: Its: Date: [Corporate Seal] 7 {00001323.2} '-' Exhibit "A" LEGAL DESCRIPTION OF THE PROPERTY ,..., (00001323.2) } \..f "wIÍ Exhibit "B" COUNTY LETTER TO DCA 9 '-' ..." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 26,2004 Tape: 1-3 Convened: 9:00 a.m. Adjourned: 12:35 p.m. Commissioncrs Prcscnt: Chairman, Paula A. Lewis, .John D. Bruhn, Frannie Hutchinson, Cli IT Barnes, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Ed Parker, Purchasing Director, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, M & B Director, Randy Stevenson, Community Development Director, Leo Cordeiro, Solid Waste Manager, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-027) It was movcd by Com. Coward, scconded by Com. Bruhn, to approve the minutes of the meeting held October 19, 2004; and, upon roll call, motion carried unanimously. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held October 18, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS PRESENTATIONS Sheriff Ken Mascara presented the Board with a check in the amount of $44,865 for interest earnings and also a check in the amount of$57,090 residual. A. Resolution No. 04-295 Proclaiming the month of November 2004 as"Epilepsy Awareness Month" in St. Lucie County, Florida- Consider staff recommendation to adopt Resolution No. 04-295 as drafted. It was moved by Com. Bmhn, seconded by Com. Hutchinson, to adopt Resolution No. 04-295; and, upon roll call, motion carried unanimously. B. An update on the Midway Road PD &E was given by the consultant. ('0111. Hamcs rcmindcd the consultant that the Board had decided they would not fund a 4 or 5 lane highway construction of Midway Road and that their wish was to prcserve the historical value of the White City area. The Consultant stated they had an alternative in mind which would keep a two lane section through the historic area and also a concept of a 2 lane, 4 lane cross section which would be 4 lanes during peak traffic hours. Com. Bmhn questioned the time limit. The Consultant stated phase two would begin in 16 months for the design phase and constmction. Com. Hutchinson requested that the residents be made part of the development of the roadway. Com. Coward stated he would like to see a land use plan for the area as soon as possible. '-' ...." The County Administrator advised the Board that the Joint Participation Agreement has been sent to the City of Pt. Pierce for comments and he will be contacting the city. The Consultant advised the Board that they have been pushing for traffic concurrency. Com. Lewis questioned the level of service. C. An update on the North County Charrette was presented. Mr. Michael Busha, Executive Director Regional Planning Council gave an update on the North County Charette and advised the Board of what already has been completed. a) agreement with the city b) scope of work-main part of the project c) creation of a team d) November 9th, the Charette will be amended to reflect a new county utility in master plan Mr. Busha advised the Board that November 9,2004 is a key date due to the fact that amended plan and the final master plan will be completed and they will be asked to adopt the scope of work for phase 2 ofthe project. Mr. Busha also advised the Board they may require additional Board meetings. On November 22, 2004, the Board has been invited to meet the team. D. The County Administrator read upcoming events and advised those present elTective October 27. 2004 Waster Pro will be picking vegetative material in gated communities and November 1 sl for the unincorporated residents. They are requesting that all residents place the material curbside for pick up. They expect to have all completed by the end of November. 3. GENERAL PUBLIC COMMENTS (1-159) Mr. Herbert Beach, White City resident, addressed the Board regarding the hauler not picking up garbage or hurricane related trash. Mr. Glenn McGrain, Career Specialist St. Lucie West Centennial High School, addressed the Board and invited them to tour the school and stated they were willing to assist County in anyway possible. Mr. Pat Macedy , N. Hutchinson Island resident, addressed the Board and requested their assistance in helping to protect properties being affected by dune deterioration. Mr. ('harks Gramk. Ilulchinson Island resident, addressed the ßoard regarding the Dune and the threat it posed to homes in the area. He requested the Board seck and provide the same resources provided for the Indian River Drive project. Mr. Craig Munt, Hutchinson Island resident, thanked the Board for moving forward with the pick up of debris in the area. Mr. Dick J aners, President, Regency Island Dunes, addressed the Board and asked the Board strongly consider the restoration of the Dune by providing a permanent sea wall. Com. Hutchinson addressed the Mr. Janers' remarks and stated the DEP Coastal Management and FEMA can assist at the Federal level by providing a 3 ft. Berm as a replacement. There are no Federal Funds available for beach re-nourishment. Com Hutchinson stated she would be asking the Board to consider establishing an ilddilional erosionl',ol\l~ Ii)' South Ikaeh rcsidcnts during the Erosion mceting today. She slated the county had J puhlic accesses 011 the beach whieh may require the CLHlllty 10 pitY their fair share and the balance be paid by the creation of an MSBU. 2 '-' ..." Mr. Daniel Hunt, Armotec Erosion Control, addressed the Board regarding the concerns heard asst last Friday's meeting regarding the Indian River Drive project. Ms. Laura Herron, DEP read the attached comments from the DEP regarding the materials being considered for the project. Mr. Randy Freleu, fabricator of alternative materials considered for the project addressed the Board's questions and provided information . The County Engineer reiterated that vegetation (part 2 of the project) was not part of the funding. Mr. Roger Sharpe, addressed the Board and stated they are aware of what the scenic line committee has recommended. Also he stated he believed that on Friday the residents made it very clear that they wish to see coquina rock or as much coquina rock and limestone can be permitted. They are also aware that phase 2 would need to be a private and county joint venture. Mr. Sharpe requested the Board make a decision today and also asked the Board to keep some control over the contractors to target the areas that arc ready to fall into the Indian River Lagoon before the road itself falls in. Mr. George Edwards, Indian River Drive resident, stated he did not see a problem with the materials (concrete) being proposed. He asked the Board to move ahead with the proj ect. 4. CONSENT AGENDA (2-729) It was moved by Com. Hutchinson, seconded by Com. Bmhn, to approve the Consent Agenda with items C8B pul1ed and to include the addition CA-l; and, upon rol1 call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 56,57 and 4. 2. COUNTY ATTORNEY A. Resolution No. 04-310 Extending the State of Emergency for Hurricane Francis; Resolution No. 04-311 extending the State of Emcrgency for Hurricane Jeanne- The Board approved Resolution No. 04-310 and 04-311. B. Resolution No. 04-305 Authorizing the Public Safety Director to extend the Declared Local State of Emergency for Hurricane Frances and Hurricane Jeanne- The Board adopted Resolution No. 04-305. C. Animal Control Impoundment Services - Agreement with the Humane Society of St. Lucie County, Inc.,- The Board approved the proposed agrccmcnt with the Ilulllane Society or St. Lucie County and íluthoril',ed the Chairman to sign the agreemcnts. D. Third Amendment to December 11, 2001 Waste Tire Removal Contract with Florida Tire Recycling Inc.- The Board approved the Third Amendment and authorized the Chairman to sign the amendment. E. Position Reclassification for Fiscal Year 2004-05- The Board approved the Position Reclassification. 3 '-' ...." F. Outside Agency Grant Contracts FY 2005-05- The Board approved the proposed grant agreements, and authorized the Chairman to sign the agreements. 3. PARKS AND RECREATION A. Approval of Equipment Request EQ04-278 to purchase a generator- The Board approved Equipment Request EQ04-278 in the amount of $2,004.00. B. Approval of Piggyback off the City of Cocoa Beach's contract for the purchase of equipment and installation of a Symbiont Geo Thermal Pool Heater with cooling option- The Board approved the piggyback off the City of Coca Beach's contract for the purchase of equipment and installation of two PHH 250 250,000 BTU Geo Thermal heat pumps with cooling option at a cost of $40,000. Currently $25,000 is approved l'or this project form Park B impact fees. The Board approved an additional $15,000 from Park B impact fees to complete the project. The ßoard also approved the contract as drafted by the County Attorney and authorized the Chairman to sign and approved EQ 05-102 in the amount of $40,000. 4. MANAGEMENT AND BUDGET A. Approve Budget Resolution No. 04-297 to recognize funding from the U.S. Department of Commerce towards the Industrial Park West construction in the FY 2004/05 budget- The Board approved Budget Resolution No. 04-297 to recognize funds in the amount of$1.5 million from the U.S. Department of Commerce Economic Development Administration in the FY 2004/05 budget. B. Approve Budget Resolution No. 04-291 in the amount of $20,450 as a local match from the Florida Department of Law Enforcement for the 2004 Ed Byrne Memorial State and Local Enforcement Assistance Formula Grant on behalf of the St. Lucie County Sheriffs office- The Board approve Budget Resolution No. 04-291. C. Approve Budget Resolution 04-290 in the amount 01'$750,000 as a pass through grant fì'om the U.S. Department of Justice for the Sheriffs Office through the COPS Universal Hiring Award Grant Program- The Board approved Budget Resolution 04-290 in the amount of $750,000 to recognize funds that were not anticipated at the time of adoption of the 2004-05 budget. D. Adopt Budget Resolution 04-312 to establish the budget for Indian River Estates MSBU project- The Board adopted Budget Resolution 04-312 to establish the budget for the Indian River Estates MSBU project. 5. UTILITIES A. Utility Cash Drawer- The Board approved an additional Cash Drawcr with a Cash Fund of$100.00. B. Amendment No.1 to Work Authorization # 11 for Camp Dresser & McKee- The Board approved Amendment No.1 to Work Authorization # 11 for Camp Dresser & McKee to reduce the limp sum amount from $42,700 to $23,400. 4 ~ ..", C. Amendment No.1 to Work Authorization # 19 for Camp Dresser & McKee- The Board approved Amendment No. 1 to Work Authorization # 19 for Camp Dresser & McKee to reduce the lump sum amount from $18,300 to $16,470. n. AI1lL:lldllwllt No. I to Work Authorizatiol1II21 lor Camp Dresser & McKee -- The Boarù approved Amendment No.1 to Work Authorization # 21 for Camp Dresser & McKee to reduce the upper limit amount from $292,960 to $35,000. E. Amendment No.1 to Work Authorization # 15 for Camp Dresser & McKee - The Board approved Amendment No.1 to Work Authorization # 15 for Camp Dresser & McKee to reduce the upper limit amount from $356,900 to $100,000. 6. PUBLIC WORKS A. RClw:st or Johnson Road Developmcnt Group, LT ,C for an cxcmption from the requirements of Section 11.02.09 (A) (5) St. Lucie County Land Developmcnt Code, to prepare an Environmental Impact Report (or the project to be known as Rocking Horse Ranch PUD.- The Board approved the request for an exemption. B. Request of S1. Lucie County International Airport for an exemption from the requirements of Section 11.02.09(A) (5) S1. Lucie County Land Development Code, to prepare an Environmental Impact Report for the project to be known as S1. Lucie County International Airport Industrial Park West, Minor Site Plan- The Board approved the request for the exemption. C. Request by Shinn Road Development, LLC for an exemption from the requirements of Section 11.02.09 (A) (5) St. Lucie County Land Development Code to prepare an Environmental Impact Report for the project to be known as Trowbridge Parcels 1 through 4- The Board approved the request for the exemption. D. Request approval of Change Order No. 1 within the amount of $1, II R. 12 alld the Ii nal pay $144,OÓ9 .30 (pay rcqucst tf 4) Lubo USA LLC- The Board approved Change Order No. 1 and Pay Request No. 4 (final) to Lubo ,USA LLC in the amount of$114,069.30. E. Professional Engineering Services for Roadway and Intersection Design-Work Authorization 2 with Kimley-Horne and Associates in the amount of $90,500 for Indrio Road/Kings Highway Intersection Improvements- The Board approved Work Authorization No.2 with Kimley Horne in the amount of $90,500 for Indrio Road/ Kings Highway Intersection Improvements and authorized the Chainnan to sIgn. F. Amcndmcnt No. I for Additional Surveying Services to the Agrcemcnt with Kimlcy Horne and Associates Jor the Lennard Road I'D & E Study- Thc ßoanl approvcd Amendment I to the agrccment with Kimley & Horne and Associates for additional surveying services for the Lcnnard Road PD&E Study as prepared by the County Attorney and authorized the Chairman to sign. G. Work Authorization No.3 to the Contract for Roadway and Intersection Design with LBFH, Inc., for the North Hutchinson Island Shared-use Pathway Improvements in the amount of$59,810.00 and authorized the Chairman to sign. 5 '-' ...".¡ 7. PURCHASING A. Bid # 04-108 Savannas Park Pavillion and Lift Station- The Board approved awarding the bid to Hennis Construction Co., Inc., for N. Hutchinson Island Shared-use Pathway Improvements in the amount of $ 59,810.00. B. Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane Frances/J eanne- The Board approved 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 list of emergency purchase orders and emergency credit card purchases as attached; and authorized the Chairman to sign contracts as prepared by the County Attorney. C. The Board approved the second extension to Contract No. COI-IO- 145 with Ardaman & Associates, Inc., COI-IO-152 with R.L. Weigt Environmental Consultants, Inc., COI-IO-161 with B.S.E, Consultants Inc" and C01-1 0- I 89 with Kimlcy & Horn & Associates, Inc., for Environmental Services Phase I Assessments and Wetland Delineation and authorized for the Chairnmn to sign the extension as prepared by the County Attorney. D. The Board approved the second extension to Contract No. COI-IO-146 with Ardaman & Associates Inc., and Contract No. COI-IO-159 with URS Corporation for Environmental Services for Phase II Contamination Assessment and authorized the Chairman to sign the extension as prepared by the County Attorney. E. Bid # 04-101- Chiller Replacement and Air Conditioning Renovations for 911 Emcrgency Center and Relocation of Generator Phase 1- The Board approved awarding Bid # 04-101 to the lowest bidder Siemens ßuilding Technologics for a total cost of$133,329.87 and approved for the Chairman to sign the contract as prepared by the County Attorney. 8. AIRPORT A. Sole Source- Siemens Airfield Solution Taxiway Lamps- The Board approved the airport engineer's recommendation for a Bid Waiver to purchase 859 Siemens Airfield Solutions taxiway LED Fixtures for $180,390 for use 011 the airfield at S1. Lucie County International Airport. B. Reorganization- This item was pulled. 9. PUBLIC SAFETY The Board approved the emergency purchase often Motorola 800 MHz radios with chargers in preparation for Ilurricane .Jeanne in the amount of$35,471.00. 10. SIIERI\"\" The Board approved accepting the Edward Byrne Memorial grant form the Florida Department of Law Enforcement Office of Justice Program in the amount of $70,981.00 and authorized the Chairman to sign the Certificate of Acceptance of Subgrant Award. () '-' "wII 11. GRANTS The Board authorized the submittal of a grant application for an amount equal to $238,000 to the Florida Department of Agriculture for funding for the construction of a 7,000 square foot exhibit building at the Fairgrounds. 12. ADMINISTRATION The Board approved funding two inmate work programs from October 1,2004 to September 30, 2005 for Road and Bridge and Parks and Recreation Divisions, CA-l MANAGEMENT AND BUDGET The Board approved the advance for the Tax Collector as outlined by Florida Statue 192.102. REGULAR AGENDA 5.A NO PUBLIC HEARINGS 6. PURCHASING (2-806) Sale of Surplus Property- Consider staff recommendation to uphold the Purchasing Director's decision to reject all bids and obtain permission to use the property in conjunction with the SHIP program. The County Administrator advised the Board that the county has obtained several properties throughout the years. On 3 of these parcels the county has received bids on the property. The bids are as follows: Bid 04-081 614 SE Majestic Terrace assessed value of $21,700. The lots in this area are selling for $40,000 to $50,000. The highest bid received was $38,000. The Property Appraiser stated it was worth more than the bid. Bid 04-088 1113 Orange Avenue, assessed value $13,500. Bid came in at $23,555. The Property Appraiser said this was a good hid. Bid 04-089 5109 La Salle S1. assessed $18,000. Bid came in at $20,153. The Property Appraiser said this is a good price also. Com. Bruhn requested that in the future minimum bids be placed on the properties. Mr. Tom Christian, bidder for several properties for investment, addressed the Board regarding the liens on these properties and this is why the bids are what they are. The County Attorney requested time to review liens for the properties. Com. Coward requested more information on the financial end of the SHIP program and how many homcs thcy plan on building. 7 '-' '-' It was moved by Com. Barnes seconded by Com. Coward to accept the bids for Bid #'s 04-88 and 04-89 and have the Property Appraiser consider the value of the liens and decline those bids that are below market value; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY Resolution No. 04-J09- $R,O()S,OOO Public Improvement Refunding Bonds, Series 2004A (~OO Mllz EnH.:rgency Radio System) - Consider staff recommendation to approve Resolution No. 04-309. It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution No. 04-309; and, upon roll call, motion carried unanimously. 8. AIRPORT (2-1513) Scope of Work for the Proposed Parallel Runway Design- Consider staff recommendation to approve the Scope of Work/Work Authorization to PBS&J for the preliminary design in the amount of$554,730.00 for the proposed parallel runway 9L- 27R at the St. Lucie County International Airport. Com. Barnes stated he would not be voting in favor of this item due to the fact it creates more problems expanding the runway which would cause more airport noise and the fact the county could not regulate air traffic. Com. Lewis stated she was in favor due to the safety issue. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, the vote was as follows: Nay: Barnes; Aye's: Coward, Hutchinson, Bruhn, Lewis; motion carried by a vote of 4 to 1. 9. COUNTY ATTORNEY (2-1619) Modification of lnterlocal Agreement amending Treasure Coast Regional Planning Council- Consider staff recommendation to approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. It was moved by Com. Hames, seconded by Com. Coward, to approve stafr recommendation; and. upon roll call, motion carried unanimously. to. ADMINISTRATION The Board gave updates on the Committees and Advisory Board on which they serve. ADDITIONS RA-l COUNTY ATTORNEY (2-2053) Emergency Restoration- Indian River Drive- State of Florida Department of Transportation- Emergency JP A; Resolution No. 04-304 - Consider staff recommendation to approve the Emergency Joint Participation Agreement and Resolution No. 04-304 authorizing the Chairman to sign the Agreement. 8 '-' ..." The County Engineer addressed the regarding this issue and stated that two of the contractors stated they intended on using the articulated mat due to the fact this would be thc only way they could complete thc project in 150 days. In this mcmorandum to the Board, 10 points were addressed. The County Engineer advised the Board that they are in agreement with the first three points, the standard erosion techniques. Sediments that have been placed should be capped with Beach quality sand, they also agree with this. The third is that all construction activity should be constructed from the landward side of the project, they agree with this also. The fourth is, existing native plants that are currently vertical should be left in place, there is a response to this point. The comments on number five are similar comments as on four. The sixth item identifies native species. They have also provided a response since this phase has not been funded. The 10 points and comments are attached. The County Engineer advised the Board staff was asked to evaluate the use of coquina. The response from the Florida Dept. of Transportation is that they cannot use strictly coquina. Limestone is significantly more and the bidders did not include this material in their hids and it was not an option. Of the three bidders two of them anticipated using large amounts of articulated mat and where possible crushed concrete. Com. Barncs suggested that changc orders be done during the project. The County Engineer continued to answer the Board's questions and stated that in speaking with the Department of Transportation, they anticipate change orders taking place, all construction projects have change orders. Mr. Sharpe stated that they have eliminated coquina since the state would not approve the product and he felt the project needed to move forward and he could not get a consensus of the Freeholders at this time. He is also aware that change orders could be done with thc contract if necessary, he cannot personally say go ahead with this but, he is aware of the time constraints. Com. Barnes stated they do not havc any choice but to move forward. Com. Coward stated they sti II need to have some Oexibi lity in the process and there arc areas which are overkill that they need to work with. If this can be done with the change orders in a way that it will not overwhelm the process then he can support the motion. Com. Barnes stated they arc getting constraints from the Federal Governmcnt and the State Government and the county must work between them and the landowners and do the bcst we can wi th the constraints. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve the Emergency Joint Participation Agreement; Resolution No. 04-304 and authorizing the Chairman to sign the Agreement; and at the same time, form the ad-hock committee; and, upon roll call, motion carried unanimously. RA-2. PUBLIC WORKS (3-322) Consider staJT recommendation to award of Indian River Drive South Project to Hubbard Construction in the amount of$ó,<J:n,205.<J5 establish the project budget and authorize tIll: Chairman to sign thc contract as prepared by the County Attorney and approve the project budget in the amount of $7,631,000.00. 9 ~ ~ The County Attorney suggested moving forward with the award of the contract, subject to the negotiations of satisfactory change orders that maximize the use of the articulated concrete, eliminate the use of the concrete rubble, incorporate those items on the DEP list staff in it's presentation has agreed to (items 1,2 and 3) maximizing, planting things like that, eliminate the terraces, the coquina, just to summarize. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the suggestion as outlined above by the County Attorney, moving forward with the award of the contract, subject to the negotiations of satisfactory change orders that maximize the use of the articulated concrete, eliminate the use of concrete rubble, incorporate those items on the DEP list, staff in it's presentation has agreed to items 1,2 and 3, maximizing, planting, eliminate terraces, coquina; and, upon roll call, motion carried unanimously. Com. Coward stated he approved reluctantly and hoped they would continue to work with the homeowners. RA-3. PUBLIC WORKS (3-576) Award ofIndian River Drive Middle Project to Ranger Construction in the amount of $8,944,151.4 7 - Consider staff recommendation to award the Indian River Drive Middle Project to Range Construction in the amount of $8,944, 151.47, cstablish the project budget, and authorize thc Chairman to sign thc contract as prcpared by the County Attorncy, and approve the project budget in the amount of $9,839,999.99. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve staff recommendation subject to the acceptable change orders and with the conditions as prcviously outlincd in thc previous item; and, upon roll call, motion carried unanimously. RA-4. PUBLIC WORKS (3-634) Consider staff recommendation to award the Indian River Drive North Project to Dickerson Florida, Inc., in the amount of $9,134,025.89, establish a project budget, and authorize the Chairman to sign the contract as prepared by the County Attorney, and approve the project budget in the amount of$10,047,500.00. It was moved by Com. Bruhn, seconded by Com. Barnes to approve staff recommendation subject to the acceptable change orders and with the conditions as previously outlined in the previous items; and, upon roll call, motion carried unanimously. RA-5. PUBLIC WORKS Consider staff recommendation to award construction materials testing to Dunkelberger Engineering & Testing for the Indian River Drive North, South and Middle Projects in the amount 01'$1,139,939.44 and authorize the Chairman to sign the contract as prepared by the County Attorney. It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; 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 10 \ '-' .." AGENDA REQUEST ITEM NO. :l. II DATE: November 2,2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-313a and Resolution No. 04-313b - Proclaiming the Month of November, 2004, as "HOSPICE MONTH" in S1. Lucie County, Florida. BACKGROUND: The Hospice of Martin & S1. Lucie, Inc., along with the Hospice ofthe Treasure Coast, Inc., have requested that this Board proclaim the month of November, 2004, as Hospice Month in S1. Lucie County, Florida. The attached Resolution No. 04-313a and Resolution No. 04-313b have been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-313a and Resolution No. 04-313b as drafted. COMMISSION ACTION: CONCU CE: )(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ou as Anderson County Administrator County Attorney: Jy" Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '-' ...", RESOLUTION NO. 04-313a A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 2004, AS "HOSPICE MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie fro County, determinations: 1. highest quality iver training t I most often ly up until the and committ of National :1 Americans ceived care ::::ommunities throughout 3. Professional an< :md trained volunteers including L workers, therapists, counselors, provide comprehensive care makin~ priority. 4. Family members ana .lovea ones recel ve counseling and bereavement care to help them cope with the many losses they face during the illness and with the grief they experience afterwards. 5. Providing high-quality hospice care reaffirms our belief in the essential dignity of every person, regardless of age, '-' -....I health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care. 6. The Hospice of Martin & St. Lucie, Inc. has joined the Hospice Association of America, the National Hospice Organization, and an estimated 3,300 Hospital agencies, in declaring the month of November, 2004, as National Hospice Month and are calling on all Americans to observe this occasion with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 2004, as Hospice Month in St. Lucie County, Florida. 2. This Board encourages citizens of St. Lucie County to increase their awareness of the importance and availability of hospice services, and to support and participate in associated hospice programs now and throughout the year. PASSED AND DULY ADOPTED this 2nd day of November, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ..." RESOLUTION NO. 04-313b A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 2004, AS "HOSPICE MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hospice care provides patients and families the highest quality pain management and symptom control, care giver training and assistance, and emotional and spiritual support, most often delivered in the home, allowing patients to live fully up until the final moments, surrounded and supported by lovp~ committed care givers. 2. November, 2004, n Hospice Month and last year living with life-limiting ill from the 3,300 hospice and pal throughout the United States. 3. Professional and compé volunteers including physi therapists, counselors, health /, J\et( , rOr \ (lu. h¿/l v, De-' -j e (¿~ [ (ý\ I \v ~ I l~ ('. ~t ~J\cirzY ''1 ¿f^r . I IV C ~OO and clergy ,ends, and 'Jational ericans 'd care lities ined ..urkers, provide comprehensive care making the wishes of each patient a priority. 4. Family members and loved ones receive counseling and bereavement care to help them cope with the many losses they face during the illness and with the grief they experience afterwards. 5. Providing high-quality hospice care reaffirms our belief in the essential dignity of every person, regardless of age, ,-,. ...., health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care. 6. The Hospice of the Treasure Coast, Inc. has joined the Hospice Association of America, the National Hospice Organization, and an estimated 3,300 Hospital agencies, in declaring the month of November, 2004, as National Hospice Month and are calling on all Americans to observe this occasion with appropriate ceremonies and activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 2004, as Hospice Month in St. Lucie County, Florida. 2. This Board encourages citizens of St. Lucie County to increase their awareness of the importance and availability of hospice services, and to support and participate in associated hospice programs now and throughout the year. PASSED AND DULY ADOPTED this 2nd day of November, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 10:19/2004 TUE lr·~? FAX i72 337 ~3i3 HOSPICE TC MORNINGSIDE ~ ~ 001/003 FAX FORM . DATE: It::' - /1-C7f TO: 51 Lvtc.;e ~V(lflv I ATTN:A,fØ11fll >fr.q ý,'on Adm in /S-iM ý.~f¡' FAX NUMBER: 'f&:J.. -;Z/3/ ,3 ,NUMBER OF PAGES INCLUDING THIS COVER SHEET: FROM: D ; q 11 1'" C/Í&f r-e,#~ COMMENTS:_ PlUSE FAX THE ABOVE TO ADDRESS CHECKED ASAP SO THAT we CA.."l REMAn! IN COMPLIANCE WITH TI:fE CURRENT RULES AND REGUlATIONS. . THANK YOU IN ADVANCE FOR YOUR PROMPT ATTENTION TO THIS MATTER. _MAIN OFFICE: 80ð VIRGINIA AVENtJl:. SUITE 1. FT. PIERCE, Fl349a2 FAX: 772-465-6309 TELEPHONE: 772-465-0504 -ADMISSIONS DEPT. FAX: 17~-465-0611 isourn OFFICE: 1880 S.I:. PORT ST. LUCIE BLVD. PORT S1'. LUCIE. FL 34952 FAX: 772-337-4373 TELEPHONE: 772--337-3660 _HUMAN RESOURCES FAX: 772-380.9471' TELEPHONE: 772-337-3660 _HOSPICE HOUSE: 500 DUNN ROAD. FT. PIERCE, FL 34981 FAX: 772465-8007 . TELEPHONE: 772-4$S-5393 þJrf MEDICAL DOCUMENTS ACCOMPANYING nus FAX TRANSMISSION CONTAIN PRIVIlEGED AND CONFIOÐrnAI- INFORMAl1OH AND IS INTENDED FOR l1t: USE OF THI! ADDRESSEE OM. Y. nus 1Nf0RMA'OON YAY NOT BE R!PROOUCED IN ÞNi FORM. If YOU ARE NOT THE INTeNDED RECIPiENt, YOU ARE HEREBY NOT1f1ED 11IAT ANY [)¡$CLOSURE. COPYING, OR OISTRIBUTION OF INFORMATIOH IS STRJCTL Y PROHIBITED. F YOU HAve RECBVED TIiIS COPY IN ERROR. PL.1:ASI! IMM!OIATa Y NOT1FY US BY TELEPHONE AND DESTROY THE PAGU YOU HAVE RECENED. ïI1ANK you. en 03/19/04 i '-::-=------... . /' .~.,~..~~ " - ;"'f"1\" .-,~ "'.. . J ...J '/ I·t OCT 1 9 2004 ~l) C6AÓMiÑ~¡ 10/19/2004 TLI 1~~) FAX 772 337 4373 HOSPICE TC MOR\I~GSIDE ~ ~ 002/003 ..." the original hosPice Qrganization :serving tILe Tred.'iure Coa.~t . Octo~r 19, 2004 St. Lucie County Administration 2300 Virginia Avenue Fort Pierce. FL 34982 To Vlhom It May Concern: w~ are requesting a Proclamation for National Hospice MOllth, which is November. Attached is a copy of the most recent proclamation. WQuld it be possible to pick it up at the November 2nd Commission Meeting? If so. please put us on the Agenda. We will give you the name of the Hospice Representative who ",ill be attending the meeting. If you have any questions, please contact me at 772-337-3660. Tl1ank you, in advance, for your consideration. ~-A_ @-.~ Diane Charet1e Director of Busines$ Development r Attachment \ DC/gl, 805 Virginia Ave., Suite 1 t 250 SE Port St. Lucie Blvd. Fort Pierce, FL 34982 Port St. Lucie, FL 34952 Serving the residentsofSt. Lucie (772) 465-0504, Martin (772) 337-3660 and Okccchobce Counties 1-800-375-4682 ~ -, 1~:~_C,,(i"S;.r:7mn. .\V7R . '( .. 'ï ~~ OCT_~~_ tOO, j~ CO. ADMiN. OFFICE 10/19/2004 111 IB'~~ FAX 772 337 4373 HOSPICE IC ~OR,INGSIDE '-" ...., Sample National Hospice Month ProclamationIResolntioD NATIONAL HOSPICE MONTH - NOVEMBER 2004 Hospice Care: h's About How You Live Office oftbe [Official's Tille] [City, Counry, State] PROCLAMATION VvtIEREAS, hospice care provides patients and families the highest quality pain m9T1ageDlent and symptom contlol, caregiver training and assistance, and emotional and spiritual support, most often delivered in the home. allowing patients to live fully up until the fi:oa] moments, surrounded and supported by loved ones. mends, and committed caregivers; WHEREAS, last year, one million Americans living with life-limiting illness. and their families, received care fÌ'om the 3,300 hospice and palliative care programs in communities throughout the United States; WHEREAS, professional and compassionate hospice staff and trained volunteers-- including physicians. nurses, social workers, therapists, counselors, health aides, and clergy-provide comprehensive care making the wishes of each patient a priority; WHEREAS, family members and loved ones receive counseling and bereavement care to help them cope with the many losses they face during the illness and with the grief they experience afterwards; WHEREAS, providing high-quality hospice care reaffirms our belief in the essential dignity of every per~ regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care; \ NOW, TIffiREFORE, be it resolved that I, [Official's name; Official's title] by virtue of the authority vested in me [city, county, state], do hereby proclaim November 2004 as National Hospi~e Month and encourage citizens to increase their awareness of the importance and availability of hospice services and to observe this month with appropriate activities and programs. IN WITNESS WHEREOF, I have hereunto set my hand this [1$') day of November, in the year of our Lord two thousand four and caused this seal to be affixed. ~ 003/003 " ~ ...., AGENDA REOUEST ITEM NO. ~ 8 DATE: November 2,2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-314 - Proclaiming the Month of November, 2004, as "HOME HEALTH CARE MONTH" in St. Lucie County, Florida. BACKGROUND: Mr. Allan Anter of Access Home Health in Port .St. Lucie, Florida, has requested that this Board proclaim the month of November, 2004 as Home Health Care Month in St. Lucie County. The attached Resolution No. 04-314 have been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staffrecomrnends that the Board adopt the attached Resolution No. 04-314 as drafted. ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 - COMMISSION ACTION: Do g sAnderson County Administrator Review and Approvals County Attorney: ~/ Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff, 5/96 '-" ..J 'I RESOLUTION NO. 04-314 A RESOLUTION OF NOVEMBER, CARE MONTH" FLORIDA PROCLAIMING THE MONTH 2004, AS "HOME HEALTH IN ST. LUCIE COUNTY, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The concept of home health care is the'oldest and most enduring tradition of health services delivered in the United States; and provides a wide range of needed health and supportive services to patients in their own homes. 2. Home health care personnel are devoted to the care and practical us exemplifies the highest idea of treatment and their kindly devotion and 3. preserve one of the keep families together. 4. ealth care serve patients in way possible while retai of the individual. by the Board of County Commissioners of St. 1. This Board does hereby proclaim the month of November, 2004, as "HOME HEALTH CARE MONTH" in St. Lucie County, Florida to coincide with the celebrations National Home Health Care Month across the country. ~ ....I 2. This Board urges the citizens of St. Lucie County to join in expressing appreciation for the humanitarian service that home health care provides. PASSED AND DULY ADOPTED this 2nd day of November, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ( , H .. Oct 18 04 12:~~1O .AcC'.;('$~.. a \\~\~ ,,\G\~\. - ~ (',! 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CONfIDENTIAUTY NOTICE: The doannenls accompanying this fax transmission are coclidentW. The documents are for the 801e use of the intended redpient(9). Any unauthorized revU!w, use, dJsd05ure or dlslrlbution b prolu'blted. If you ¡ue not the intended recipient, please contact the ~ænder" ImmedJately md de9troy all copies of tl1e original m_g~ 11wù<you, Ps. ~U"^ CGlI'1 o..\~CI lfeq~JSI5' ( it: {11U. nc..",k ÝcJu., ~ 0.1 ~'i (oe 1/ ~~Im~ 1 \A.ej~"O~S . r e. e.-J,.. 'fV\ ~ h(,LÚ f G\..\o"\ j 1840 5.E. PT. sr. LUCIB BLVD. PT. ST. LUCœ. FL 34952 772-335-3245 · 772-337-5236 (FAX) ~_- , Oct 1 8 0 4 1 2 ; " p '-' Access Home Health (581]337-5238 p.2 ..." t'~~'~ ~ Ÿ 10 I) D~ '9!J County Commission Proclamation National Home Health Care Month 2004 Whereas the concept of home health care is the oldest tLïd most enduring tradition of healtr: set'víces delivered in the United States; and Whereas home health care provides a wide range of needeå health and supportive services to patients in their own homes; and Wh~reas home health care personnel are devoted to the care and treatment of all our citizer:s and their kindly devotion and practical assistance to the il! amcng us exemplifies the highest ide.a of om community and nation; and Whereas home health care services help preserve one of the country's most important sC1cie.! values to keep families together; and Whereas services provided through hom~ health care serve patients in the most compassio;:alo: and effective \\lay possible while retaining the dignity and indepenàenGe of the individual; Now, therefore, we, the Commissioners of St. Lucie County, Florida, do hereby proclaim the month of November 2004 as "Home Health Care Month" to coincide with the celebra::ol13 NaÜQna] Home Hcalth Care Month across the cou!:try; and Furthermore, we urge all citizens to join in this expression of app:-eciation for the hurnanitaric.n service that home health care provides, Dated. the __ day of November, 2004, \ Commission Chair Title Attest: "-"-- County Administrator Title '-' ...., ßh [ON ST. LUCIE COUNTY LETTERHEAD] [DA TE] Bv Fax and U.S. Mail Valerie J. Hubbard, AICP Director, Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Re: City of Port St. Lucie Comprehensive Plan Amendments for Kenco (Ordinance 03-169) and LennarÆecker Groves (Ordinance 03-172) Dear Ms. Hubbard: On behalf of the Board of County Commissioners of St. Lucie County, I am writing with respect to the pending land use changes for these two properties as proposed by the City of Port St. Lucie. The County has reviewed the final land use changes as reflected in the adoption ordinances approved by the City of Port St. Lucie on July 19, 2004, and the Settlement Agreements that the landowners have executed to resolve pending litigation on the annexation of these two properties. Accordingly, the County hereby withdraws its transportation-related objections regarding the Kenco and Lennar/Becker Groves land use changes. Thank you for your attention to this matter. Sincerely, Daniel Mcintyre County Attorney cc: Board of County Commissioners Robert N. Klein, Esq. Letter to Valene Hubbard (00001 1 86).DOC V' '-' ..., AGENDA REQUEST ITEM NO. _ 7 DATE: November 2, 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Faye Outlaw SUBJECT: Disaster Relief Funding Agreement - Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 04- 321. COMMISSION ACTION: Approved 5-0 u as Anderson ounty Administrator ~] APPROVED [ ] DENIED [ ] OTHER: :J~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eft. 5/96 '-' 'wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Faye Outlaw, Assistant County Administrator DATE: October 27, 2004 SUBJECT: Disaster Relief Funding Agreement - Hurricane Jeanne ************************************************************************** BACKGROUND: Attached is a memorandum dated September 28, 2004 from the State Public Assistance Officer concerning the Disaster Relief Funding Agreement. Also attached is a proposed Disaster Relief Funding Agreement between the County and the State of Florida Department of Community Affairs (DCA). Under the terms of the Agreement, DCA will provide funds to the County for eligible activities for the projects approved by DCA and the Federal Emergency Management Agency. The federal share of the eligible costs is now ninety (90'Yo) percent as a result of the President's action. Also attached is a copy of draft Resolution No. 04-321 which, if approved, would authorize the Chairman to sign the Disaster Relief Funding Agreement with DCA. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 04-321. Respectfully submitted, ~i'-. ~ ~ Faye Outlaw Assistant County Administrator DSM/ caf Attchment '-"" "'wI RESOLUTION NO. 04-321 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF FUNDING AGREEMENT BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 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. Hurricane Jeanne had a devastating impact upon the State of Florida and the President of the United States declared Major Disaster No. FEMA-DR-1561-FL in all counties in the State of Florida and as a result, the Public Assistance Program was made available to eligible applicants in Declared counties. 2. Jeanne. This Board has sought approval for Federal and State assistance for Hurricane 3. This Board should authorize and approve execution of the Disaster Relief Funding Agreement with the State of Florida Department of Community Affairs for the assistance of disaster relief funding. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby authorizes and approves execution of the Disaster Relief Funding Agreement with the State of Florida Department of Community Affairs for the assistance of disaster relief funding. 2. The Chairman and the Clerk of the St. Lucie County Board of County Commissioners are hereby authorized to execute the Disaster Relief Funding Agreement approved by this resolution and further, the County Attorney is hereby authorized to execute the Agreement by approving it as to form and correctness. '-' 'wi After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 2nd day of November, 2004. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney \wr ~ STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-PA-E=-10-66-01-522 CSFA No. 52600308; CFDA No. 97.036 Subgrantee: St Lucie (County) FIPS No. 111-99111-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as the "Subgrantee"), This Agreement is based on the existence of the following facts and conditions: A WHEREAS, Hurricane Jeanne beginning September 26, 2004, and thereafter, had a devastating impact upon the State of Florida, The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04-217, In consequence of the Event, the President of the United States on September 26,2004, declared Major Disaster No, FEMA-DR-1561-FL in all counties in the State of Florida, As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon the tenns and conditions hereinafter set forth; and, E, WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Sub grantee. based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Definitions, As used in this Agreement, the following tenns shall have the following meanings unless another meaning is specified elsewhere: A, "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S,c. § 5121-5201; 44 CTR. Part 206; and applicable policies of the Federal Emergency Management Agency. 1 ~ ....., B. "FEMA-State Agreement" is the agreement dated September 26, 2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1561-DR-FL ARTICLE II. Applicable Law, The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Fundin!!: and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be detennined as per 44 C.F,R. Parts 13 and 206, which shall be ninety (90) percent of all eligible costs, A The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy- five (75) percent of all eligible costs, unless a higher percentage is approved, Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for local government and private non-profit Subgrantees, As a condition of receipt of the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by the Grantee, B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Sub grantee from any disbursement to Grantee upon a detennination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement A Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance, Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication, B. In the event that Grantee should detennine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental. Plannin!!: and Permittin!!: Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use pennitted by or engaged in by Sub grantee, shall be consistent with the local government Comprehensive Plan, Subgrantee shall ensure that any development or development order complies with all applicable planning, pennitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure 2 ¥ ~ that the project complies with the contract documents, ARTICLE VI. Required Documentation. Reviews. and Insoections, Subgrantee shall create and maintain documentation of work perfonned and costs incurred on each project identified in a Project Worksheet sufficient to pennit a fonnal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may tenninate further funding under this Agreement, and Sub grantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A, Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54,100), 1, A Request for Advance or Reimbursement confonning to the attached sample. 2, A Summary of Documentation Fonn confonning to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3, A request for final inspection; 4, A signed Project Completion and Certification Report upon the comptetion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B ofthis Article, B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was perfonned in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion, C Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been perfonned within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed, ARTICLE VII. Cost Sharin\!, The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be ninety (90) percent of such costs, unless a higher percentage is approved, of such costs and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share, Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 CF,R Part 206 and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures, A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and fonnal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1, A Request for Advance or Request for Reimbursement Fonn confonning to the sample attached to this Agreement as Attachments A or Attachments C; 2, A Schedule of Projected Expenditures or Summary of Documentation Fonn confonning to the sample attached to this Agreement as Attachment B or Attachment D which shall be supported by original documents 3 '-' ....,¡ eligible work. such as contract documents, invoices, purchase orders, change orders and the like; and, 3. A letter or notification certifying that the reported costs were incurred in the perfonnance of C Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: I. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Sub grantee shall submit a statement justifying the advance and the proposed use ofthe funds, and specifying the amount of funds requested; 4, Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and, 5, Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D, Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre-disaster condition in accordance with 44 CF ,R. Part 206 with the prior written approval of Grantee, E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 c'F.R. Part 206 before the commencement of any work. F, Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable detennination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment Grantee shall disburse the final payment to Subgrantee upon the perfonnance of the following conditions: A Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have perfonned a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance, The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation ofIaw: A The "Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 c'F,R. Part 13, as amended; 4 ,-,. ..."" B, Office of Management and Budget Circular No, A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No, A-II 0, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations," as amended, E. Sub grantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: in the same; or, I, The completion of final inspection and final audit, and the final resolution of any issues identified 2, The expiration of three (3) years from the date of final disbursement under this Agreement F, Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a,m and 5:00 p,m, on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds, If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination, ARTICLE XII. Audit Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00, A Subgrantee will conduct the audit in accordance with the following requirements: I, The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2, The standards established by the American Institute of Certified Public Accountants; 3, The requirements of § 11,42, Fla. Stat, and the Rules of the Auditor General; 4, The requirements of the Single Audit Act of 1984, Pub, L 98-502, as amended, 31 US.C. §§ 7501-7507, to the extent here applicable; and, 5, Office of Management and Budget Circular No. A-B3, as amended, to the extent here applicable, B. The audit shall be identified by the serial contract identification number for this Agreement If the Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit C. The audit shall be due not later than seven (7) months after the close ofthe fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D, Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures 5 ~ """ Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F,R Parts 7 and 16, and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties, Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency, Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement ARTICLE XVI. Time for Performance, Time shall be of the essence of this Agreement and ofthe performance of all conditions under it Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the ~residential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost-share funding, If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion, Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others, If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Sub grantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability, Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Fla. Stat, the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement, 6 "-" ....I holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other, B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances, Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports, Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified, All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on infonnation supplied in the Quarterly Reports, Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable, With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A The perfonnance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Fla, Stat B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit C. Grantee may tenninate this Agreement for refusal by the Sub grantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119,07(1), Fla, Stat, that are made or received by Sub grantee or its contractors and subcontractors in connection with this Agreement Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperfonnance of a condition under this Agreement, and shall be adequate cause for tennination, D, Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement E, Subgrantee certifies that it possesses the legal authority to receive the funds, F, Sub grantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or tennination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall tenninate upon approval of closeout by the Federal Emergency Management Agency, unless tenninated earlier as specified elsewhere in this Agreement Subgrantee shall commence project(s) specified by this Agreement without 7 ~ ..,J delay. ARTICLE XXIII. Events of Default. Remedies. and Termination. A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of anyone or more of the following: I, Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2, Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3, Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4, The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of anyone or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured, Upon the failure of Subgrantee to cure, Grantee may exercise anyone or more of the following remedies: I. Terminate this Agreement upon not less than fifteen (J 5) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2, Commence a legal action for the judicial enforcement of this Agreement; 3, Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4, Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D, Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E, Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F, The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee, 8 '-' ...I ARTICLE XXIV. Attachments. A All attachments to this Agreement are incOlporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies, C This Agreement has the following attachments: 1, Attachment A "Request for Advance" 2, Attachment B "Summary of Projected Expenditures" 2. Attachment C "Request for Reimbursement" 2. Attachment D "Summary of Documentation of Expenses Claimed" 3, Attachment E "Quarterly Report Form" 4, Attachment F "Subgrantee Annual Budget Projection Form" Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the DEM website: wwwJ1oridapa.org, ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 FOR THE SUBGRANTEE: ARTICLE XXVI. Desil!nation of Al!ent. Sub grantee hereby designates as its primary agent, and designates as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation, IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SUBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: (Subgrantee) W, Craig Fugate, Director Division of Emergency Management (Name) (Title) (Date) Public Assistance Program Program (Date) Federal Employer Identification Number (FEIN) 9 '-" ..." FLORIDA DIVISION OF EMERGENCY MANAGEMENT A TT ACHMENT A Request for Advance for Public Assistance Funds SUB GRANTEE NAME: ADDRESS: DCA AGREEMENT NO: DISASTER NO: FIPS NO: PW PREVIOUS PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST AMOUNT TOTAL CURRENT REQUEST $ COMMENTS: I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts, SUBGRANTEE SIGNATURE: NAME AND TITLE: DATE: 10 '-" ,.." FLORIDA DIVISION OF EMERGENCY MANAGEMENT A TT ACHMENT B SCHEDULE OF PROJECTED EXPENDITURES FOR ELIGIBLE DISASTER WORK (SOPE) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): Applicant's Reference # Delivery Date of DOCUMENTATION Applicant (Warrant, Voucher, Claim or articles or List Documentation (Applicant payroll, material out of applicant stock, applicant-owned Eligible Costs Schedule #) performance of equipment and name of vendor or contractor) by category and line item in the approved ($$$) services. project application and give a brief description of the articles or services, Paae Subtotal Current Expenditure Request (All PaQes) Total PW Amounts for all Approved Versions Over or Under Run (Final SOD Onlv) 11 '-'" ..." FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT C Request for Reimbursement for Public Assistance Funds SUBGRANTEE NAME: ADDRESS: DCA AGREEMENT NO: DISASTER NO: FIPS NO: PW PREVIOUS PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST AMOUNT TOTAL CURRENT REQUEST $ COMMENTS: I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts, SUB GRANTEE SIGNATURE: NAME AND TITLE: DATE: 12 '-' ..., FLORIDA DIVISION OF EMERGENCY MANAGEMENT A TT ACHMENT D SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS#: Project Worksheet (PW) #(s): _______ Applicant's Reference # Delivery Date of DOCUMENTATION Applicant (Warrant, Voucher, Claim or articles or List Documentation (Applicant payroll, material out of applicant stock, applicant-owned Eligible Costs Schedule #) performance of equipment and name of vendor or contractor) by category and line item in the approved ($$$) s8lVices. project application and give a brief description of the articles or services, Paqe Subtotal Current Expenditure Reauest (All Paqes) Total PW Amounts for all ADoroved Versions Over or Under Run (Final SOD Onlv) 13 a' ~ .þ. c::~ 0', :::!¡ -(¡) -'n ~ r;j :r~ -. 0 en .., -;>;" o n @ 0 "0 3 0"0 ;:¡- o "0 (þ ~o.. 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Z !=' 'T tT1 ~ )- I 6 :::0 I 'T l' ...., C/) ~ a- C1CI ... po ~ (b ~ 'T .... "i:! C/) \r1 <:: ~ = 0 Øo~ ~<o z-> -3~o ~o~ ~Z"t1 >0> z~~ Z -3 >~~~ ""'>~~ ""'t""~z ~=~-3 =~~o ~oz~ t"10~ :z~~(j ""'-3......0 """t1~~ '='>~ OZ~ '"'>Z ~o- ~~:¿ -~ o~> ZZ~ ~-3~ o - ~ ~ '-' ,.." ITEM NO. DATE: 8 11/2/04 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( x ) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Increase staffing within the Growth Management Departme . BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Funds will be made available in Unincorporated Services. Account # 102-1510-512000-100 PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends filling one (1) vacant Planner III position at $55,000, the creation of two (2) new Planner III positions ($40,577.06-$64,079.40) and the addition of one (1) new Planning Manager position ($46,232.99-$73,462.90). _APPROVED o OTHER: o DENIED COMMISSION ACTION: Approved 5-0 Review and Approvals o County Attorney: o Management and Budget: o Purchasing: o Originating Dept: o Other: o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting, H:\RAYlAGENDAS 2004\11 ,2,04,DOC ~ ..., COUNTY ADMINISTRATION MEMORANDUM 04-209 FROM: Douglas M. Anderson, County Administrator ~ ¡ --- Ray Wazny, Assistant County Administrator ú_/-/J Faye Outlaw, Assistant County Adminis.1ratð~ ~ 1 TO: Board of County Commissioners ~ -~ -- DATE: October 29, 2004 RE: Growth Management Division Staffing BACKGROUND County Administration has taken the following steps to staff up the Growth Management Division and is also recommending the creation of three additional positions to be able to handle the volume of work that we are currently receiving and will continue to receive in the future. We have filled the Growth Management Director's position with Mr. Ed Cox, subject to passing a physical and drug test His estimated starting date is November 15, 2004. We have also filled the Special Projects Director's position with Mr. Michael Brillhart, also subject to passing a physical and drug test His estimated starting date is November 22, 2004. We are also filling one of the two vacant Planner III positions and will continue to make concerted efforts to fill the other vacant position. Staff is recommending a starting salary of $55,000 subject to Board approval. The salary range for this position is $40,577.06 - $64,079.18 and administration does not have the authority without Board authorization to offer a salary in excess of 25% over the starting wage rate. Staff is also recommending the creation of two additional Planner III positions, salary range $40,577.06 - $64,079.18 and one Planning Manager position, salary range $46,232.99 - $73,462.90. As you know, we currently have one Planning Manager, David Kelly. We feel it necessary to divide up the volume of work with one Planning Manager supervising current planning and one supervising comprehensive planning. I have attached the organization chart as well as the job descriptions/salary ranges for these positions. Funds will be made available in the Unincorporated Services fund. '-' ..."" Page 2 October 29, 2004 Growth Management Division Staffing Recommendation Staff recommends the following: 1. Filling one vacant Planner III position at $55,000 2. Create two new Planner III positions, with a salary range of $40,577.06 - $64,079.18 3. Create a second Planning Manager position, with a salary range of $46,232.99- $73,462.90 DMAlab 04-209 c: Carl Holeva, Human Resources Director Randy Stevenson, Interim Growth Management Director David Kelly, Planning Manager Marie Gouin, Management and Budget Director Dan Mcintyre, County Attorney Attachments ~ I- IZa: II- I-WO !;Za: $~I- O~O o <!J 0---+ a: W b a: « ~ <!J <!J W GZ- ¡....:«a: «0 (/)Z- ~ (/)«0 «~ ..., .,. .,. .,. .,. en E .r: II) c..- ~ ~ CI en S g c 'ëij ,ft 0 .- \J ;: .~ I CD C · E en ... - 0 ,,- .5 '<t o o t:! co t:! o r- cñ c: o E I/ o c.. 'C II) - II) CI 'C ~ m iI iI ~ .." JOB CODE 622 PA Y GRADE: 23 SALARY: $46,232.99· $73,462.90 PLANNING MANAGER (Current Planning) MAJOR FUNCTION: Responsible administrative posItIOn directing the operation of the Department of Growth Management's Current Planning Division. Work involves considerable judgment, initiative and independent performance, and substantial coordination with other Divisions and Departments, and with regional and state agencies. The incumbent is responsible to and serves under the supervision of the Growth Management Director. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Planning principles and practices; current local development trends; statistical and other research techniques; office management policy and procedures; local, state and federal regulations pertaining to county and city planning issues, regulations, grants and programs; local government operations, with particular reference to county and city administration and management; problems affecting human and physical resources. Abilities: Ability to direct and coordinate staff activities. Ability to supervise the maintenance of complex administrative records. Ability to maintain satisfactory working relationships with employees, government officials, private organizations, and the general public. Ability to supervise professional, secretarial and clerical staff members, and consultants, including assignment of work and review of same. Ability to present information, ideas and recommendations clearly and succinctly in written and verbal form. Ability to effectively represent the Department on policy, procedure and technical matters to local, state and federal officials and the general public. Ability to demonstrate sensitivity to political, social and fiscal constraints regarding planning issues, projects and programs. ESSENTIAL JOB FUNCTIONS: Staff advisor to the St. Lucie County Planning and Zoning Commission, local planning agency on current planning matters. Determines data needs and sources. Analyzes and evaluates pertinent data and prepares comprehensive reports based on such data. Reviews and evaluates Division's operations, needs and effectiveness, and recommends changes where appropriate. Supervises studies and field surveys, and provides guidance regarding program development and implementation. Represents Department at local and state levels on current planning policy. Confers with county, municipal, and regional officials concerning planning issues, projects and programs. Performs other related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of hands and fingers with dexterity. Good hand/eye coordination. Very frequent use of good near and far vision and good hearing. Periodic walking and standing. Ability to lift occasionally 30 pounds. Ability to operate County automobile continuously for a period of one hour. ENVIRONMENTAL CONDITION REQUIREMENTS: Nearly constant work inside the office in a sedentary posture. Periodic meetings with Department staff. Periodic attendance at meetings inside and outside the County office buildings. Occasional field trips to unimproved and improved development sites, agricultural areas and wilderness areas. WORK HAZARDS: Possible vision dysfunction due to heavy computer work. Occasional field visits to undeveloped areas, agricultural areas and areas under development, with attendant hazards. SAFETY EQUIPMENT USED OR NEEDED: Occasional need for hard hat. EDUCA TION: A graduate degree in Urban and Regional Planning or related field. EXPERIENCE: Five years of professional planning experience in a supervisory, technical, or administrative capacity. A.I.C.P registration preferred or able to attain within two years of employment. A comparable amount of training or experience may be substituted for portions of these minimum requirements. '-' ~ LICENSE, CERTIFICATION OR REGISTRATION: Valid Florida driver's license, or ability to obtain within one month of employment. Good driving record. Union Non-Union t./ 00 Exempt t./ oNon-Exempt '-" .., JOB CODE 622 PA Y GRADE: 23 SALARY: $46,232.99 - $73,462.90 PLANNING MANAGER (Comprehensive Planning) MAJOR FUNCTION: Responsible administrative position directing the operation of the Department of Growth Management's Comprehensive Planning Division. Work involves considerable judgment, initiative and independent performance, and substantial coordination with other Divisions and Departments, and with regional and state agencies. The incumbent is responsible to and serves under the supervision of the Growth Management Director. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSITION: Knowledge: Planning principles and practices; current local development trends; statistical and other research techniques; office management policy and procedures; local, state and federal regulations pertaining to county and city planning issues and comprehensive plan update procedures, regulations, grants and programs; local government operations, with particular reference to county and city administration and management; problems affecting human and physical resources. Abilities: Ability to direct and coordinate staff activities. Ability to supervise the maintenance of complex administrative records. Ability to maintain satisfactory working relationships with employees, government officials, private organizations, and the general public. Ability to supervise professional, secretarial and clerical staff members, and consultants, including assignment of work and review of same. Ability to present information, ideas and recommendations clearly and succinctly in written and verbal form. Ability to effectively represent the Department on policy, procedure and technical matters to local, state and federal officials and the general public. Ability to demonstrate sensitivity to political, social and fiscal constraints regarding planning issues, projects and programs. ESSENTIAL JOB FUNCTIONS: Staff advisor to the St. Lucie County Planning and Zoning Commission, local planning agency on comprehensive planning matters. Coordinates the long- range planning efforts of the Division. Detennines data needs and sources. Analyzes and evaluates pertinent data and prepares comprehensive reports based on such data. Reviews and evaluates Division's operations, needs and effectiveness, and recommends changes where appropriate. Supervises studies and field surveys, and provides guidance regarding program development and implementation. Represents Department at local and state levels on long range planning policy. Confers with county, municipal, and regional officials concerning planning issues, projects and programs. Performs other related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of hands and fingers with dexterity. Good hand/eye coordination. Very frequent use of good near and far vision and good hearing. Periodic walking and standing. Ability to lift occasionally 30 pounds. Ability to operate County automobile continuously for a period of one hour. ENVIRONMENTAL CONDITION REQUIREMENTS: Nearly constant work inside the office in a sedentary posture. Periodic meetings with Department staff. Periodic attendance at meetings inside and outside the County office buildings. Occasional field trips to unimproved and improved development sites, agricultural areas and wilderness areas. WORK HAZARDS: Possible vision dysfunction due to heavy computer work. Occasional field visits to undeveloped areas, agricultural areas and areas under development, with attendant hazards. SAFETY EQUIPMENT USED OR NEEDED: Occasional need for hard hat. EDUCA TIO~: A graduate degree in Urban and Regional Planning or related field. EXPERIENCE: Five years of professional planning experience in a supervisory, technical, or administrative capacity. A.I.C.P registration preferred or able to attain within two years of '-' .., employment. A comparable amount of training or experience may be substituted for portions of these minimum requirements. LICENSE, CERTIFICATION OR REGISTRATION: Valid Florida driver's license, or ability to obtain within one month of employment. Good driving record. Union Non-Union ., DO Exempt ., ONon-Exempt '-" JOB CODE 745 PAY GRADE 21 SALARY: $40,577.06 - $64,079.18 PLANNER III 'vii MAJOR FUNCTION: Professional planning position in the Planning Division of the Department of Growth Management. Work includes review of development proposals, long and short term planning issues and other planning matters as may arise and limited supervision of junior and clerical staff. Work involves considerable initiative and independent performance, and substantial contact and coordination with other departments and divisions, and regional and state agencies. The incumbent is responsible to and serves under the supervision of the Planning Manager. KNOWLEDGE, ABILITIES AND SKILLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTIONS OF THE POSmON: Knowledge: Planning principles and practices; current development trends; statistical and other research methods; local, state and federal regulations pertaining to economic development. county and city planning issues, regulations. grants and programs; local government operations. with particular reference to county and city administration and management. Abilities: Ability to analyze and interpret complex data. Ability to supervise the maintenance of administrative records. Ability to establish and maintain a satisfactory working relationship with employees. government officials. private organizations, and the general public. Ability to effectively represent the department on policy. procedure and technical matters to local, state and federal officials and the general public. Ability to present information. ideas, and recommendations clearly and succinctly in written and oral form. Ability to supervise professional, secretarial and clerical staff members, including assignment of work and review of same. Ability to demonstrate sensitivity to political. social and fiscal constraints re,garding planning issues, projects and programs. ESSENTIAL JOB FUNCTION: Collection. analysis. and presentation of data related to all aspects of urban planning. Processing of comprehensive plan amendments and applications for land development changes. including rezoning. conditional use, variance, and site plans. Maintenance of county land developments and regulations. and comprehensive plans. ESSENTIAL PHYSICAL SKILL.:S: Use' of hands and fingers with dexteritÿ. Good hand/eye coordination. Very frequent use of good near and far vision and good hearing. Periodic walking and standing. Occasional light lifting and carrying (30 pounds or less), reaching above shoulders, kneeling. bending and squatting. Ability to operate County automobile continuously for a period of one hour. ENVIRONMENTAL CONDITION REQUIREMENTS: Nearly constant work inside the office in a sedentary posture. Periodic attendance at meetings inside and outside the County office buildings. Occasional field trips to unimproved and improved development sites, agricultural areas and wilderness areas. WORK HAZARDS: Possible vision dysfunction due to heavy computer work. Occasional field visits to undeveloped areas. agricultural areas and areas under development, with attendant hazards. SAFETY EQUIPMENT USED OR NEEDED: Occasional need for hard hat. EDUCATION AND EXPERIENCE: Graduation from an accredited college or university with a Masters Degree in Urban and Regional Planning. or related field and three (3) years professional planning experience or a Bachelors Degree in Urban and Regional Planning and four (4) years professional planning experience. AICP membership preferred. Microcomputer. statistical and analytical experience required. 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Database instance pbocc Generated: 10/29/20044:01:08 PM Processed Batch: 411 Check Number Check Date Payee Amount 00317026 10/29/04 1st Fire & Security $ 785.00 00317027 10/29/04 A&D Trucking $ 575.00 00317028 10/29/04 ACS Government Systems Inc $ 83,906.28 00317029 10/29/04 Adron Fence Co $ 10,891.80 00317030 10/29/04 Alarm Partners $ 20.00 00317031 10/29/04 Apple Machine & Supply $ 979.56 00317032 10/29/04 Aquagenix $ 675.00 00317033 10/29/04 Arnoff Moving & Storage of Fla Inc $ 9,875.00 00317034 10/29/04 AT&T $ 4.38 00317035 10/29/04 Auto Lock & Key-Gardner Bros $ 37.50 00317036 10/29/04 Baker & Taylor Inc $ 3,661.12 00317037 10/29/04 Bayard Advertising Agency Inc $ 871.00 00317038 10/29/04 BellSouth $ 26.00 00317039 10/29/04 BellSouth $ 1,120.74 00317040 10/29/04 Big Lake Entertainment $ 495.00 00317041 10/29/04 Blue Crystal Inc $ 261.00 00317042 10/29/04 Books On Tape $ 316.80 00317043 10/29/04 Centex Rooney $ 4,600.30 00317044 10/29/04 Chandler Equipment Co Inc $ 178.33 00317045 10/29/04 Chem Dry By the Sea $ 925.00 00317046 10/29/04 Cintas $ 157.85 00317047 10/29/04 City Of Port St Lucie $ 40,360.86 00317048 10/29/04 Clarke Mosquito Control Products $ 11,700.00 00317049 10/29/04 Crystal Water Co $ 25.00 00317050 10/29/04 Daves Communications Inc $ 336.00 00317051 10/29/04 Dell Marketing LP $ 2,372.02 00317052 10/29/04 Dickerson Florida,Inc. $ 327.95 00317053 10/29/04 Dictaphone Corp $ 8,475.39 00317054 10/29/04 Dixie Surplus Machinery $ 4,000.00 00317055 10/29/04 Donna Swinford $ 75.00 00317056 10/29/04 Eastman Kodak Company $ 2,646.00 00317058 10/29/04 Elpex Inc $ 3,142.28 00317059 10/29/04 Employers Mutual Inc $ 144,051.83 00317060 10/29/04 Employers Mutual Inc $ 398.20 00317061 10/29/04 Employers Mutual Inc $ 24,440.63 continued on next page '-' .....; Evisions IntelleCheck Check Register Report 10/29/20044:01:08 PM Page: 2 Processed Batch: 411 Check Number Check Date Payee Amount 00317062 10/29/04 Employers Mutual Inc $ 5,973.16 00317063 10/29/04 Equifax Credit Information Srvs Inc $ 20.00 00317064 10/29/04 Fastgate Services $ 640.00 00317065 10/29/04 Fla Association of Code Enforcement $ 30.00 00317066 10/29/04 Fla Beach Patrol Chief Association $ 100.00 00317067 10/29/04 Fla Dept of Business & Professional Regulatio $ 2,699.80 00317068 10/29/04 Fla Dept of Community Affairs $ 2,849.79 00317069 10/29/04 Fla East Coast Railway $ 2,820.00 00317070 10/29/04 Fla Engineering Society $ 267.00 00317072 10/29/04 Fla Power & Light $ 12,434.89 00317073 10/29/04 Fla Rock Industries $ 29,563.01 00317074 10/29/04 Frank Stewart Trucking $ 500.00 00317075 10/29/04 Freightliner Trucks of So Fla $ 1,570.10 00317076 10/29/04 Ft Pierce Alternator Service $ 51.33 00317077 10/29/04 Ft Pierce Utility Authority Inc $ 4,473.43 00317078 10/29/04 Gem & Jewelry $ 600.00 00317079 10/29/04 GS Equipment Inc. $ 6,800.00 00317080 10/29/04 High Performance Mowchines $ 5,099.00 00317081 10/29/04 HTE Inc $ 1,100.00 00317082 10/29/04 Indian River Community College $ 37,706.42 00317083 10/29/04 Insurance Fund $ 16,145.26 00317084 10/29/04 ITL, LLC $ 850.37 00317085 10/29/04 Jiffy Photo Center Inc $ 5.55 00317086 10/29/04 Kanawha Insurance Co. $ 747.75 00317087 10/29/04 Kauff's Towing $ 434.40 00317088 10/29/04 Kronos Systems Inc $ 200.00 00317089 10/29/04 Marcel Equipment Limited $ 8,000.00 00317090 10/29/04 Nationwide Retirement Solutions $ 3,100.00 00317091 10/29/04 Native Technologies Inc $ 47,953.28 00317092 10/29/04 Parts Now Inc $ 278.00 00317093 10/29/04 Petersen Industries Inc $ 4,950.00 00317094 10/29/04 Pikes Peak Industries Inc $ 336.96 00317095 10/29/04 Praxair Distribution SE LLC $ 37.03 00317096 10/29/04 Property Solutions LLC $ S84.00 00317097 10/29/04 Pye Barker Fire Equipment $ 107.91 00317098 10/29/04 Quest Software $ 6,960.00 00317099 10/29/04 R&R Auto Detailing $ 137.50 continued on next page ~ ...I Evisions IntelleCheck Check Register Report 10/29/20044:01:09 PM Page: 3 Processed Batch: 411 Check Number Check Date Payee Amount 00317100 10/29/04 Reprographic Solutions Inc $ 155.97 00317101 10/29/04 Rick Starr Lincoln Mercury $ 374.38 00317102 10/29/04 Ron Turley Associates Inc $ 1,100.00 00317103 10/29/04 Ryals Machinery Co Inc $ 6,578.00 00317104 10/29/04 Ryder Truck Rental Inc $ 1,158.79 00317105 10/29/04 Sam's Club $ 59.35 00317106 10/29/04 Sentry Industries $ 292.50 00317107 10/29/04 Signal Connections $ 1,750.00 00317108 10/29/04 South Fla Trane Service Inc $ 974.00 00317109 10/29/04 Southern Sewer Equip Sales $ 450.07 00317110 10/29/04 Southwestern Machinery of Fla Inc $ 1,750.00 00317111 10/29/04 St Lucie - Ft Pierce Fire District $ 44,104.41 00317112 10/29/04 St Lucie Battery & Tire Inc $ 78.53 00317113 10/29/04 St Lucie West Services District $ 285.89 00317114 10/29/04 Steve Barnett Inc $ 827.00 00317115 10/29/04 Stewart Mining Industries Inc $ 668.54 00317116 10/29/04 SVI Systems Inc $ 170.00 00317117 10/29/04 Technical Drive Control Services Inc $ 675.00 00317118 10/29/04 Texas Life Insurance Co $ 1,632.00 00317119 10/29/04 The Gale Group $ 1,190.61 00317120 10/29/04 The Mobile Storage Group $ 125.00 00317121 10/29/04 The Tribune $ 205.20 00317122 10/29/04 Toshiba Business Solutions $ 708.86 00317123 10/29/04 Treasure Coast Courier Service $ 760.00 00317124 10/29/04 Treasure Coast Lawns Inc $ 950.00 00317125 10/29/04 Treasure Coast Staffing Inc $ 12,721.46 00317126 10/29/04 Tri County Lock & Key $ 40.00 00317127 10/29/04 Tri-County Automotive & Towing $ 28.00 00317128 10/29/04 United Parcel Service $ 59.23 00317129 10/29/04 United Way Of St Lucie County $ 65.00 00317130 10/29/04 Vero Broadcasting, LLC $ 530.00 00317131 10/29/04 Waste Pro $ 82.74 00317132 10/29/04 Wayne Ashton Maintenance $ 110.00 00317133 10/29/04 Weiss Ratings Inc $ 448.95 00317134 10/29/04 West Buffalo LLC $ 1,970.25 107 checks Batch Total: $ 651,919.49 continued on next page " ./ "" ~ Evisions IntelleCheck Check Register Report 10/29/2004 4:01:09 PM SUMMARY ~ 107 checks Sub Total: $ 107 checks TOTAL: $ Page: 4 651,919.49 651,919.49 j. ... - 10/20/04 FZABWARR FUND 001 001149 001157 001160 001286 001288 101 101002 101003 101006 102 102001 102108 105 107 107001 107002 107003 115 117 118 . - 1 140001 160 183 183001 183003 183004 185004 310002 310003 315 316 316201 396 401 418 421 441 451 458 461 471 479 481 4cH .'-' ST. LUCIE COUNTY - BOARD ....I WARRANT LIST #58- 18-0CT-2004 TO 20-0CT-2004 FUND SUMMARY TITLE General Fund Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Section 112/MPO/Planning FY 04/05 FDCA/EMPA 2004 TDC Planning Grant FY 03/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Platt's Creek Stormwater Retrofit Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Sur char Fine & Forfeiture Fund-800 Mhz Oper Sheraton Plaza Fund Sunrise Park Fund Paradise Park Fund Blakely Subdivision Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court FHFA SHIP FY03/04 Impact Fees-Parks Impact Fees-Public Buildings County Building Fund County Capital FDEP/FRDAP Savanna Rec Phase II Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund EXPENSES 342,075.72 294.10 976.12 150.00 11,286.88 344.25 81,765.12 3,300.00 16,216.48 48,957.48 8,315.40 7,474.93 78,894.00 4,543.60 155,918.36 357.00 1,874.93 2,120.00 326.57 128.09 457.18 49.66 96,490.35 168.00 683.57 2,889.84 53.68 50.00 42.34 122.08 310.00 1,159.36 118,378.28 40,129.00 1,211.86 3,330.00 84,389.45 11,815.57 8,502.36 4,062.05 29,899.51 4,142.11 3,205.91 7,245.09 71,246.15 8,755.51 1,304.38 127,128.00 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ~ ;. .. '-' 10/20/04 F7.ABWARR FUND TITLE 611 625 ST. LUCIE COUNTY - BOARD ..,,¡ WARRANT LIST #58- 18-0CT-2004 TO 20-0CT-2004 FUND SUMMARY EXPENSES Tourist Development Trust-Adv Fund Law Library 134.72 118.90 GRAND TOTAL: 1,392,793.94 PAGE 2 PAYROLL 0.00 0.00 0.00 \-,/ ~ ..,J AGENDA REQUEST ITEM NO. C2A DATE: November 2, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 04-318 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 04-319 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 04-318 and Resolution No. 04-319 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: CE: []C] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 D u as Anderson County Administrator County Attorney: Jr. Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eft. 5/96 f \.f ...", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-1479 DATE: October 19, 2004 SUBJECT: Resolution No. 04- 318 Extending the State of Emergency for Hurricane Frances; Resolution No. 04-319 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: ,1. Draft Resolution No. 04-318 extending the state of emergency for Hurricane Frances until November 11, 2004 at 4:00 p.m. 2. Draft Resolution No. 04-319 extending the state of emergency for Hurricane Jeanne until November 12, 2004 at 7:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 04-318 and Resolution No. 04-319 as drafted. DSM/ caf Attachments Daniel S. McIntyr County Attorney f '-' ...I RESOLUTION NO. 04-318 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September I, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until November 11, 2004 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective November 4, 2004 at 4:00 p.m. 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 \...r ..J PASSED AND DULY ADOPTED this 2nd day of November, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ...." RESOLUTION NO. 04-319 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until November 12, 2004 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective November 5, 2004 at 7:00 a.m. 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 2nd day of November, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ..."J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 04-1464 DATE: October 26,2004 SUBJECT: Licensing Agreement with American Society of Composers, Authors, and Publishers (ASCAP) BACKGROUND: The Federal Copyright Act grants the owners of copyrighted musical works the right to authorize the performance of the works publicly. Publicly means to perform or display it at a place open to the public. St. Lucie County (the "County") has been contacted by the American Society of Composers, Authors, and Publishers (ASCAP) to enter into a licensing agreement to allow the County the use of non-dramatic musical compositions, forwhich they hold a copyright. The license agreement would permit the playing of copyrighted material at public performances such as non-dramatic performances by live musicians, videotapes, multiple screen televisions, CD players, record or tape players, radio over loudspeaker systems, arts and craft fairs, music-on-hold, swimming pools, community center dances, golf courses, and airports, etc. Parks and Recreation advises that St. Lucie County is currently orwill be using music in the following areas: Fort Pierce Community Center, Lincoln Park Community Center, Port St. Lucie pool, Open Space pool, Paradise Park pool, Lawnwood Sports Complex, South County Football/Soccer Stadium, Civic Center, Maravilla Recreation Center, Indrio Road Schoolhouse, Walton Community Center, the future Lakewood Regional Park, and the Savannas. The cost of the License Agreement from ASCAP is based on population. The base price for St. Lucie County is $1,665. The Federal Copyright Act does provide for monetary penalties for using licensed musical works without permission and can require payment of attorney fees and costs. '-" .." RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the purchase of a License Agreement. Respectfully submitted, /þt7 Katherine Mackenzie-Smith Assistant County Attorney KMS/dp ~ ,..." LICENSE AGREEMENT LOCAL GOVERNMENTAL ENTITIES AGREEMENT between the American Society of Composers, Authors and Publishers ("ASCAP") located at 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 and ("LICENSEE"), located at 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perfonn publicly on the "Premises" and at "Events" and "Functions," and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "ASCAP repertory." The perfonnances licensed under this Agreement may be by means of "Live Entertainment" or "Mechanical Music". For pwposes of this Agreement, (i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is perfonned at the Premises by means other than by live musicians who are perfonning at the Premises, including, but not limited to (A) compact disc, audio record or audio tape players (but not including 'Jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and communication at the premises of radio or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music-on-hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment" means music that is perfonned at the Premises by musicians, singers or other perfonners. (iv) "Premises" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, s~immiI!KQQ.ols, and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies, including compositions written or published during the tenn of this AgreeIþent and of which ASCAP has the right to license non-dramatic public perfonnances. (vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000 (as defined in paragraph 4.(d) below). (b) This Agreement shall be for an initial term of one year, commencing , which shall be considered the effective date of this Agreement, and continuing thereafter for additional tenns of one year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal tenn. If such notice is given, the agreement shall tenninate on the last day of the tenn in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation oflaw or otherwise. This license does not authorize LICENSEE to grant to others any right to perfonn publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. - Page One of Four Pages - ~ ...., (b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing inthis paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For pwposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety; (ii) performance of one or more musical compositions from a "dramatico-musical work (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; (iv) performance of a concert version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in this Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. (d) This license does not authorize perfonnances: (i) at any convention, exposition, trade show, conference, congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE'S Premises, and is not open to the general public; (ii) by or at colleges and universities; -- (iii) at any professional sports event or game played on the Premises; (iv) at any pennanentIy situated theme or amusement park owned or operated by LICENSEE; (v) by any symphony or community orchestra; (vi) by means of a coin operated phonorecord player (jukebox) for which a license is otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which includes the total of the "Base License Fee" and any applicable "Special Events License Fees", all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For pwposes of this Agreement, (i) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established in the most recent published U.S. Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees" mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or ScheduIe B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county or other local government entity represented by the league or association. Schedule C fees are not applicable to municipal, county or other local government entities, (b) Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per month from the due date, or the maximum amount pemritted by law, whichever is less, on any required payment that it is not made within thirty days of its due date. Page Two of Four Pages- ~ ...,J 4. Reports and Payments (a) Upon the execution of this Agreement, LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement; and (ii) a report containing the infonnation set forth in paragraph 4.(d) below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confmning whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable fonn stating: (i) the date presented; (ii) the name of the attraction(s) appearing; (iii) the "Gross Revenue" of the event. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP, LICENSEE shall pay the license fee due hereunder, ;;:::;::; nWWithstHncl~ªºYJ!gr~J;I!ltmt.tQthecontrarybetween LICENSEE Hnd the..othe¡:.party.,._ i (t) LICENSEE agrees to furnish to ASCAP, where available, copies of all programs of musical works perfonned, which are prepared for distribution to the audience or for the use or infonnation of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S. Census Department. 5. Breach or Default Upon any breach or default by LICENSEE of any tenn or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall tenninate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such tennination, ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state, tenitOI)', dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of perfonning rights. In the event of such tennination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance, - Page Three of Four Pages - '-' ..., 7. Non-Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis, LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties and other governmental entities shall not constitute discrimination between similarly situated users, Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race, creed, color, sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail, by generally recognized same-day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact infonnation, such as change of address, change of person/office responsible, etc. within 30 days of such change. IN WITNESS WHEREOF, this Agreement has been du1y executed by ASCAP and LICENSEE, this ,20_. day of AMERICAN SOCIETY OF COMPOSERS, AUTIIORS AND PUBLISHERS LICENSEE By: By: Title: Title: All required notices and reports are to be sent to: Account Services Department ASCAP 2690 Cumberland Parkway, Suite 490 Atlanta, GA 30339-3913 800-505-4052 (phone) 770-805-3475 (fax) Email: municipaUicensing@ascap.com Name: Title: Address: Phone: Fax: Email: - Page Four of Four Pages- ~ ..., ~ A,rAP 2004 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE A Base License Fee POPULATION BASE LICENSE FEE 50,000 ......... . $ 260 50,001 75,000 ......... . 520 75,001 100,000 ......... . 624 100,001 125,000 ......... . 833 125,001 150,000 ......... . 1,041 150,001 200,000 ......... . 1,353 200,001 250,000 ......... . 1,665 250,001 300,000 ......... . 1,978 300,001 350,000 ......... . 2,291 351,001 400,000 ......... . 2,603 400,001 450,000 ......... . 2,915 450,001 500,000 ......... . 3,228 500,00t plus ......... . 3,956 plus $500 for each 100,000 of population above 500,000 to a maximum fee of $52,054. SCHEDULE B Special Events The rate for Special Events shall be 1 % of Gross Revenue. "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C State Municipal and/or County Lea!!ues or State Associations of Attornevs The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be $260. License Fee for Year 2005 and Thereafter For each calendar year commencing 2005, all dollar figures set forth in Schedules A, Band C above (except for $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index - All Urban Consumers (CPI-U) between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. 'r/ '--' AGENDA REQUEST ....", ITEM NO. 28 DATE: November 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Licensing Agreement with American Society of Composers, Authors, and Publishers (ASCAP) BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the purchase of a License Agreement. COMMISSION ACTION: []d APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou as M. Anderson County Administrator Review and Approv~ .- [X] County Attorney: ,..l¿- ~ [ ]Management & Budget: [ ] Comm. Development.: [ ] Public Works Director [ ]Finance:(check for copy only, if applicable) [ ]Purchasing: [ ] Solid Waste Mgr Effecti...e 5/96 ...... ~/ AGENDA REQUEST ITEM NO. ~c DATE: November 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNìY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easements Barbara A. Wax - Tax I.D. No. 2433-221-0005-100/1 - Parcel 737 John K. and Mary Ann James - Tax I.D. No. 2433-221-0005-130/0 - Parcel 738 BACKGROUND: Please see an 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. August 17,2004 - Board of County Commissioners approved the Purchase Agreements executed by Barbara A. Wax and John K. and Mary Ann James for a Temporary Construction Easement. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-315 and 04-316 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. ~~ APPROVED [ ] DENIED [OTHER' . . Approved 5-0 COMMISSION ACTION: Dougl nderson County Administrator [XX] County Attorney: y Review and Approvals [XX] Public Works Director: [XX] County Engineer: [XX] Originating Dept,: 1M/.. ] Road & Bridge: [ JOMB: Finance: (Check for Copy only, if applicable) Eft, 5/96 G:\ACQ\WP\JoAnn\25th Street\Agenda Request Accept Temporary Construction Easements4,wpd \..; ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: November 2, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easements Barbara A. Wax - Tax I.D. No. 2433-221-0005-100/1 - Parcel 737 John K. and Mary Ann James - Tax I.D. No. 2433-221-0005-130/0 - Parcel 738 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, Permanent Easements, and Temporary Construction Easements for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On August 17, 2004, the Board of County Commissioners approved the Purchase Agreements for Temporary Construction Easements on Parcels 737 and 738. Attached for your review and acceptance you will find the Temporary Construction Easements executed by Barbara A. Wax and John K. and Mary Ann James. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-315 and 04-316 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Daniel S. McIntyre County Attorney G:\ACQ\WP\JoAnn\25th Street\Agenda Request Memo Accept Temporary Construction Easements4,wpd \.f ...¡ RESOLUTION NO. 04- 315 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 2nd day of NOVEMBER, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\JoAnn\25th Street\Wax\Resolution No. 04-315.wpd '-' ..., This instrument prepared by: JoAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: FROM: PARCEL NO.: South 25th Street Barbara A. Wax 737 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this ?-I,)"day of ðcroB6rt ,2004, by BARBARA A. WAX, whose address is 471 SE Asbury Lane, Port St. Lucie, Florida 34983, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assigns, contractors and sub-contractors, a temporary construction eas,ement to enter upon that portion of certain lands owned by the grantor being described as follows: SEE ATTACHED EXHIBIT "A" for the purpose of tying in and harmonizing said property, thereon with construction of roadway and appurtenant facilities within existing right-of-way. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be damaged and the Grantee shall not interfere with or obstruct Grantors ingress and egress to Grantor's property. This Easement shall expire upon the completion of the construction of the above referenced road construction project. '-" """" IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this ~day of 0Cí"'ØGl!.t\.. ,2004. Signed, sealed, and delivered in our presence as witnesses: (3.. ' WITNESS ~ BARBARA A. WAX ßlU~ (Print Name) ~~~ J: A,,, rI (Print Name) .l.L 4 WITNESS R.I" f ~V / STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument wasacknowledgedbefore me this ;;1,/Jt day of Oc.~ k ,2004, by BARBARA A. WAX who is personally known to me or who has produced a Drivers License issued within the last. five years as identification. (NOTARY PUBLIC) SEAL ê~~~ tary Public l~A';rt?~~" JoAnn Marie Riley :.:' :.< MY COMMISSION # CC985750 EXPIRES ~:.. ..7..1 December 4, 2004 ">1;;¥,M.:f.~,., SOHDiD THIIU TROY FAIN INSURANCf,INC (Print, Type or Stamp Name of Notary Commission No: Cc "I fS '150 My Commission Expires: 1~· tf· 2.. n at G:\ACQ\ WP\JoAnn\25th Street\ Wax\ Temporary Construction Easement.wpd 2 ~ EXHIBIT "A" ...., . ..... LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 737 THE WEST 10 FEET OF LOT 3, BLOCK I, RAINTREE FOREST, AN UN- RECORDED PLAT LYING IN SECTION 33. TOWNSHIP 35 SOUTH. RANGE 40 EAST, ST. LUCIE COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT THAT IS 30 FEET SOUT~ OF AND 75 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 02°23'50" WEST, PARALLEL TO THE WEST LINE OF SAID SECTION 33 AND ALONG THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET), A DISTANCE OF 290.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT NO. 737 (BEARINGS ARE BASED ON SAID WEST LINE OF SECTION 33 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO); THENCE SOUTH 89°38'01" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 33 AND RUNNING ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 10.01 FEET; THENCE SOUTH 02°23'50" WEST, A DISTANCE OF 145.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 3; THENCE NORTH 89°38'01" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 10.01 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET); THENCE NORTH 02°23'50" EAST, ALONG SAID EAST RIGHT OF WAY LINE. A DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1,450 SQUARE FEET MORE OR LESS. ~ lIkiv /3U/t~ G. MARTIN BURDETTE FLORIDA SURVEYOR AND MAPPER '4136 DATE: JúÞG= '3/12004 BURDETTE a ASSOCIATES, INC. LEGAL DESCRIPTION AND SKETCH - T.C.E. 737 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 OFFiCE, E.C. FJELD BOOK, 1CHECKEO' G.M. B. SCALE, NO T TO SCALE OA TE, APRIL 2004 DRAWING NO.. 615TCE737 OF SHEET 1 3 C:\PROPOSAL \INWOOD\ TCE737 .DGN OS/24/0408:09:50 AM 0 w EXHIBIT "A" SECn ON 33....,j c..o f- ~ w N. W. CORNER w -' 3:~ W 3: , -' LL "- "'3: NOTE: a:: - "- BEARJNGS SHOWN HEREON ARE BASED --= ;"'0: ON FLORIDA STATE PLANE COORDINATE - w V> SYSTEM, EAST ZONE, NORTH AMER I CAN - DATUM OF 1983/1990 READJUS TMENT. ..J >< « w 40' THE WEST LJNE OF SECT! ON 33 . 0 u TOWNSHIP 35 SOUTH. RANGE 40 EAST N l/) BEARS: SOUTH 02°23'50" WEST AND ALL 40' OTHER BEARINGS SHOWN HEREON ARE 0 u RELATJVE THERETO. ,...., :r D- Oì ~~ « EX J S 1. R /W LI NE 0:: 0 <.:> S 89°38'0/' E 32 BELL AVE. 33~~ c..o . 0 v (BASELJNE) I ¡ S 89'38 '0/" E /24.40' lco EXIST. SOUTH R /W LJ NE .... I- V) N. W. CORNER w 1J~92'OI'51" ~ Y") 41,- w LOT / Y") W z N5.00' w - [·40.16' > c 0::: -' z,;~~. ~w 3: 0: ~0: I w ~ "- 0 -. . 0: -' . , ~ aQ)O 0 I 0 V) I- g V) ccV'l:r' ;;: lJ") ~ V> LOT' ~ V) "- . '" o>'+- ,..-, 0: ...., I « w Y") w ::::: CON N N Z _ 0 . 0 0 Z 0: LQ)N .... N I N --= a ..... w aca V) a a ..c ~ . a 0)- ;:;;z 0:::, 00-1::; I Z x ....V) r -! +- w + w - V);; ...., -. I '" ~ IS) ~ Q) L.() W-. 3: ,I'- a:O N a a IIJ =0:: g z lL.::¡ 1- ~ wV) I '" S 89°38'01" E 150.30' "'" ~o SECT! ON 33 --- --- V) ... <:) z C1 --- I TOWNSHIP 35 SOUTH, --- . -,-.0: --- '---" ~ CD < a ~ a:U RANGE 40 EAST w ---------- ~ 0: Z I V) ::¡ L.() g Tl g iÓ ABBREYJAT]ONS / LEGEND. '" 1.O ~ LOT 2 11.O EX I ST. · EXISTING ... P.O.B. · PO]NT OF BEGINNING I- . ~ P.O.C. · POINT OF COMMENCEMENT /- 0::: ~ R/W · RIGHT OF WAY I ~ SO. FT. · SOUARE FEET V) V) T. C.£. · TEMPORARY CONSTRUCTION -- EASEMENT MATCHLINE SEE SHEET 3 ~ "" "" '\~ · SUBJECT PARCEL LEGAL DESCRIPTION AND SKETCH ¡THIS IS NOT A SURVEY T.C.E.737 PREPARED FOR, ST. LUCIE COUNTY! FLORIDA BURDETTE & ASSOCIA TES, INC. OFF/CEE'. C. CHECKEO, G.M.B. 2295 GENESEA LANE FI£LD BOOK, VERO BEACH, FLORIDA 32963 OA TE, (772) 231-8750 APRIL 2004 C:\PROPOSAL \INWOOD\ TCE737.DGN OS/24/0408:14:17 AM SCALE , /" . 60' ORAW1NG NO., 615TCE737 OF SHEET 2 3 '--" MATCHLINE -- I r- I 75 ' w I 0:::: ¡Lfì l- I- V) ,.., 1 ,.., e I 0 Zñ~3: N n ..c u;t: I n n O<DD Z Z + COV1:n I 0 0 Lfì CJI't- ,.., CON I l- I- N _ 0 u U ,-<DN W W oeD I V> V> <D- 00--':::: I'J" + II) V) <D 1- 3= 1- I w I = -' I 3= I "- 0:: .-: I V1 In - x w I- I- I I I I Lfì w = <..D -J g 3: "- ~ 0:: I- 0:::: V1 <r ..... w , 0 <:::. .-: ~ V) V) ;:;; - ~ >< w ~ 75' g .,.; ~ ..... <:::. ~ ,.., ~ ~ ~ 60 EXHIBIT "A" SEE SHEET 2 TEMPORARY CONSTRUCTION EASEMENT ~ 1.450 SO. FT. ~ ,.., ~ ~ v-, LOT 3 SO/J7H LINE or LOI 3 S 89'38'0/" E /50.30' ~ z 0 .... 1-V1 V1.... w> a::.... g 00 0 4. CD ~ Z ::J V1 LOT 4 w "" wo ... u a::w , <:::. D 1-0 ~ -J za:: ,.., ....0 "- co <tu ~ a::w v-, a:: z ::J ~ S 89'38 '0/" E /50.30' LOT 5 t:r23'07'33" R'/60.00' [,64.58' 30 0 60 GRAPHIC SCALE - FEET "wi g ~ l- N (/) w 3= w ~J~ > ...... ~~ cr 0 (/) (/) W Z cr w 0 --1 ...... 3= NOTE: BEARINGS SHOWN HEREON ARE BASED ON FLOR]DA STATE PLANE COORD]NATE SYSTEM, EAST ZONE. NORTH AMER]CAN DA TUM OF 1983/1990 READJUSTMENT. THE WEST LJNE OF SECT]ON 33, TOWNSH]P 35 SOUTH, RANGE 40 EAST BEARS: SOUTH 02°23'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATJVE THERETO. SECTION 33 TOWNSHIP 35 SOUTH. RANGE 40 EAST ABBREVIATIONS 1 LEGEND. EX I ST. P.O.8. P.o.c. R/W SO. FT. T.C.E. . EX I STI NG , POINT OF BEGINNING . POINT OF COMMENCEMENT , RIGHT OF WAY , SOUARE FEET , TEMPORARY CONSTRUCTION EASEtÆNT , SUBJECT PARCEL ~~"'\.~ PREPARED FOR, LEGAL DESCRIPTION AND SKETCH THIS IS NOT A SURVEY T.C.E.737 ST. LUCIE COUNTY, FLORIDA OFF/CE, CHECKED, BURDETTE & ASSOCIA TES, INC. £. C. G. M. B. 2295 GENESEA LANE FJELD BOOK, VERO BEACH, FLORIDA 32963 DA TE, (772) 231-8750 APRIL 2004 C:\PROPOSAL \INWOOD\ TCE737 .DGN OS/24/0408:20:10 AM SCAL[, I" , 60' DRAWfNG NO., 615TC£737 OF SH££ T 3 3 '-' ...I RESOLUTION NO. 04-316 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 2nd day of NOVEMBER, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\JoAnn\25th Street\James\Resolution No. 04-316.wpd · Oct 25 04 11:lB~ Earth Tech FLL (954)956-9922 ~ p. 1 ~ This instrument prepared by: JoAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: FROM: PARCEL NO.: South 25th Street John K. James, Sr. and Mary Ann James 738 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this /8.14 day of ð¿:lt:Jß~12. ,2004, by.JOHN K. .JAMES, SR. and MARY ANN .JAMES. his wife, whose address is 2393 SE Italy Street, Port St. Lucie, Florida 34952, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give. grant, bargain and release to grantee, its agents, assigns, contractors and sub-contractors, a temporary construction easement to enter upon that portion of certain lands owned by the grantor being described as follows: SEE ATTACHED EXHIBIT "A" for the purpose of tying in and harmonizing said property, thereon with construction of roadway and appurtenant facilities within existing right-of-way_ This Easement is granted upon the condition that the sloping and/ or grading upon the above land shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be damaged and the Grantee shall not interfere with or obstruct Grantors ingress and egress to Grantor's property. This Easement shall expire upon the completion of the construction of the above referenced road construction project. IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this 1 f5..; tday of 04DG&-?. , 2004. . Oct 25 04 11:22~ Earth Tech FLL (954)956-9922 p. 1 '-'" ..J Signed, sealed, and delivered in our presence as witnesses' 1~~ WITNESS --r:: ¡J If ((öJ:- (Print Name) \~~~~~ U~- WITNESS ;;, . JAMES, SR. Ort...:Aµ ~l4.tJu...1 (Print Name) Y- 1~~ WITNESS -rí ~ ¡...¡ It I ( òele.- ~.~ Z RY AN --ÀMES (Print Name) QA-. · _ WITNESS uRQ {!J~/vJ ~~tL-l (Print Name) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this /~¿ day of ()()}¿)ß1;fl. , 2004, by JOHN K_ :r AMES, SR. and MARY ANN JAMES, his wife who are personally known to me or who has produced a Drivers License issued within the last five years as identification. OA--!--- CZ. RJ,12J2 (NOTARY PUBLIC) SEAL ....~\'f~ Brion E, Mekorski ~:~,./i;. \:, MY COMMISSION /I 00087829 EXPIRES ~'.:l§,,,,.~! February 9, 2006 "l,,,,:;;~\f,.,, BOI'IDEO THRU TJOY F...IN INSUIIANC£.INC 'líul,t Notary Public f:?~'~ &, ~~l (Print, Type or Stamp Name of Notary Commission No: My Commission Expires: G:\ACQ\ WP\J oAnn \25th Street\J ames \ Temporary Construction Easement .wpd 2 · Oct 25 04 11: 192 Earth Tech FLL (954)956-9922 p.3 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 738 THE WEST 10 FEET OF LOT 4. BLOCK I, RAINffHE rOREST, AN UN- HLCOHDED PLAT LYING IN SECTION 53. TOWNSHIP 35 SOUTH. FiANCE 40 LAST, ST. LUCIE COUNTY. FLORIDA AND BEING MOEn PMniCULARLY D[SCFìJBED AS FOllOWS: COMMENCING AT A POINT THAT IS 30 FEEr SOU1H OF AND 75 FEET E A 5 T 0 F r I-I F N 0 rn H W F S T COli N E fì 0 F 5 A IDS EC T ION 3::;: ¡ H L N C [ Ii U N SOUTH 02°75'50" WESJ, PARALLEL TO THE WESJ LINE OF :;AID SECTION 53 AND ALONG THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET), A DISTANCE OF 4S~).OO FEET TO THE NORTHWEST CORNER OF SAID LOT 4 ANDfH[ I' 0 I NT 0 F BEG INN I N G 0 F T II E F 0 l.I_ 0 W ] N G 0 F S C R I ß [ D T F MP 0 R flFlY CONSTRUCTION EASLMENT NO. 738 (BEARINGS ARE BASED ON SAID WEST LINE OF SECTION 33 AND ALL OTllErì BUHINGS SHOWN HFHFON ArIF RLL/IT¡VE THERETO); ¡ 111 N c:r SOU T H B 9 ~ :; 8 ' 0 I .. U S T PAR ALL E L TOT HEN 0 R T II L I N r 0 r SAID SECTION 33 AND RUNNING ALONG THE NO~TH LINE OF SAID LOT ;1. A DISTANCE Of' 10-01 rEEl: THENCE SOUTH 02°73'50" WEST. A DISTANCE OF 14':',.ÜO F[ET TO A POINT ON THE SOUTH LINE 01 ~;AID LOT 4: rHENCE ~~ORTH 89°58'01" WFSl, ALONG SAID SOUTH LINE. II DISTANCE OF 10.01 rlET TO ^ POINT ON SAID [AS! FliGHT or WAY liNE FOR STATE ROAD 615 (SOUTH 25TH. STREET): THENCE NORTH 02u23'50" EAST, ALONG SAID EAST RIGHT OF WAY LINE. A DISTANCE OF 145.00 FEET TO THE POINT OF B[GI¡~"INC. CONTAINING A TOTAL OF 1,450 SQUARE FEET MORF OF\ LESS. ¿II. ví. ,-/- ¡} ',. Ii /¿J. ~!{¿v 0tj{¿{íffß- C. MAl< I N BUFWE I IE FLORIDA SURVEYOR AND MAPPER ·4136 DATE: ,72IN'¿::; 3,I¿~Do1- BURDETTE B AssocIATES, INC. LEGAL DESCRIPTION AND SKETCH - T.C.E. 738 PF/fP,1RfO ({ill, ST. LUCIE COUNTY, FLORIDA ""'-_'~"..'''_''''''''''''"'''''_'- ...........-.......,..........-...............-. - -- .........,_...~ .......-..--...-... _...__.....___.·N.....__·_.._....·__ OFfiCE. CH[(/{{fi, BURDETTE & ASSOCIA TES, INC, E. C, G, M, 8, 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 0,17[. (772) 231-8750 APRIL 2004 C:\PROPOSAL \lNWOOD\ TCE738.DGN OS/24/04 08:27:46 AM SCALf, NO! //7 SCAI [ fï [ lli'-šoõX;-- __.V~_··_"···______ ......H~....._.._._·..__.._.._·__~_~_·__..___·___·, .. 3 , Oct 25 04 11:19~ 0 uJ I 0 ~ f- z I W _J N W ;: I LL " 0: I t··, I W \}; --I '"" I 40' « w 0 \ U " ........ r~·~-·..·~· \I) "-I 0 u I ,.., :r: a.. Oì « c: 0 t:) 1.0 L :tr;1 ;~: e,."I-· ,,"") c Of'~ ..~ I~ t; l.~ ~:: IJ)····· ('f)._.J~ .j.. ~~ ....~~. '-..., PRI.I'¡RFD FOR, ~, ,., /),:~ I......) ~" . " 1- ':::;.1 (..-, <.- :-..:: ..... 1..1 \ \ '\ ". " .'-. -"" / { \ " Earth Tech FLL EXHIBIT "A" (954]956-9922 N.W. CORNER SECTION 33 // NQTE;--"---"-"~-"'- " BE AR 1 NGS SHOWN HERE ON ARE BA~;[ D ON FLORIDA SlATE PLANE COORD I N/.IlL SYSTEM. [A~,T ìONE, NQIHH AM::HICAN DA TlJM OF 191n /19~¡ü HE AD,JlJS TtJflfl . T HE WE S T LINE or SE CT I ON 3:\. T OWNSH I P Y'ì SOlJHI. RANGE 40 E A~, T BLARS: sou HI O?D23'SOu WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE n[[AlIVE HIERElO. I I ~ ~ I ,-, ~~ I ;..~ \':'I.: I I 1 40' I ''- -4---......,-\ /~~ ,.- ,,<,..- /,.' .~_~6._ -. ...... .1"., .I/~' / o // g ~ / ~: i~~/:;{ EX] S 1. R /W LINE -""' .h..._._...~.....__· ...... 589'38'01" [ --- '-- ~~ 1..&..1 -, . _J è:,! ~ ~(".I -'- ~ "- c....., '<T 32 BELL (BASEL] NE ) IP.o. C,!"" ~I "t-·- S 89'58'01 - f 1?4.10· ......... I \ E X 1ST. SOUl Ii R /W L I N[-- '-- "'- N, W, COfINrn A Y2'01 'W / \ lOT I R-?';,(J(I'../ / /_ ,40,16' -" f- 75' T:ïJ------ W ~ et:: -' ~ f- a' If) ~;.; <i I.J...I 1:::;' ,':.:;:.} ':!.; LOT I 5 '.' ..c + LIì N t- In ~ (/) ~ _ r-~, .- ~ > :,- gj (; ~ ~} LL ~ wI/) 150.30' "" ~ 0__ o z ê / _I - 0 CD<tU a:w a: z =:J :=-~ ,.., \. ." ~ U', ~: S $9'38 '01 . r 4fi-- -,_. --¡-->' I , u../ I ~ I ~ I ~~; I z I II"-- ,- I ............ I ........-.---., --....'.-,.......- I I -, 1 Î' - lLO I- I- I e.-..-*" If) ... c;" y> -. ~... :~ LIì l.O ~ ~ fo- I/) W ~ W > a: o V) I/) w z a: w o -' N } Lit) C,~, " "',,~ ../e 'JC ~ SECTI ON 33 TOWNSHIP 35 SOUTH, RANGE 40 EAST [XISI. .... P.O.B. ~ P.o.c. ~, ~" H/¥I '" 0::"" so. r 1. T .LE. I "" "',,', "-"'] '.~ " ~,."" ..... "'" Lor 2 ~ ABfJRE V I AT) ON) ,. IHlND. LEGAL DESCRIPTION AND SKETCH ~ ~ 0:::: If) MATCHLINE SEE SHEET 2 ;:: <:0, ~ . EXISTING rOINT OF BfGINNING POINT 01 COMM.NCEMENT HIGHl or WAY SOUAI1[ r ([ 1 lEMPOIJAHY CONSmlJCTlON [I,SEMEN] ~;uß.!ECT "ARm T. C. E. 738 I-H-- ..'--...-.-..-....-----..-..---.¡ THIS IS NOT A SWIVEY ~.___......~....".__.._,_ø..:....._.,..ø.__.._..._.:_. ........--.....-....-.-.-.....-..-.....*........-...-.... COUNTY, FLORIDA ST. LUCIE -_.....~.....".....-_...."..".." CIIICUf), G.M,B. BURDETTE & ASSOCIA TES, INC. Ol/W, E.G. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 OATI, (772) 231-8750 C:\PROPOSAL \lNWOOD\ TCE738.DGN OS/24/04 08:33:38 AM FíilÍ!-¡¡ö75£-;--"-" ----....,'----ofiXwïNl;-Ñïi:· ,--..---...-.----....- 615TGE738 ----..-......-.-.-.-....-.-.....----......-.-- .... -...---" ..-...-.".........-..... ....._._........._.._,......_...__._._._.._--_..._._-_...~--_... 0/ APRIL.2004 .....--....-.............-..."......... 5CAL[, 5//[[7 '" 6D' 2 3 . Oct 25 04 11:19" I I I ¡ I LO 1- I'~', ... I· L.. I ¡,; .~:' ~ ~~ .~.~~.:. I ä:1'~f1,:!'¡ J ð y~:~:: I ::; ðc(:) I ~ ~~.:::~v) I + I~ l') " ~~ I \ - ~1~ ~~ f :::; I ~ f 1-- I ::~ fV} I,Ll ,_ I- I I I, I ~F I Earth Tech FLL -- - EXHIBIT "An MATCHLINE f-, , ----I::t:fJ 5 W 0:: f- (/) ,.,> ..c ,..-, "? + ê5 LO I- N (...) L<.J v) (/) LO 1.O 0:: lJ) -~_.__--2~~~ (954)956-9922 SEE SHEET 2 .---- S 89'38'f}J - f 150.10' -, / f- U) w 3: w > N '-. '-> ci « ~ -- 2 v:. ~ 1.01 3 z o l- V> V> "" - w > "" a:: - t"'; 0 0 ~ 0 ~ IIJ ~ ::¡ ... VI . W "" "" w a ~ '-, a:: w '"' r" t:.') I- a :2; -' z a:: - 0 a:;) « u a:: w a:: z ::¡ --- o f-. ." "" ..., u..! t t. c:. ... , 1- ~ /;.. ~ i~ ~~:-: ~ TEMPORARY ~ CONSTRUCTION EASEMENT /,450 SQ. FT. ~ ?~ ~. ~'" LOT 4 ~ ...... 1C u..J0 "\....$' -ë":o.:.~... ~7~- ;¡~ ... . "" ~,., ~, :;'" ~ /·"lp·O.B. N. W. COI/NEII LOl·j .~...) f:dS'II7'W 1/,160.00' ,/ 1.64.58' -- 60 GRAPHIC SCALE - FEET 0::: o U) U) W Z 0::: W o --! ...... í S: 589"58'01"[ /50..10' NO/WI lINt OF IOl 4 --' (.;, (:;:-. NOH: BEARINGS SHOWN 1\[11101'1 AnI BASED ON FLORIDA SLUE PLANt COOHDINf\H SYSTEM. EASI .70NL. NOmH AMERICAN DATUM or 1~18:)/1990 READ,JUSTMENT. THl WEST LINE OF SEellON :ß . TOWNSHIP 3~) SOUTH, RANGE. ~o EAST BEARS: ~;OIJTH 02·2:5 'SO" WEST AND ALL OTHER BtAH 1 NGS SHOWN II[RLON ARE RELAlIVt THERETO. ~ _J ;- '. IX \.:~,~ ~~ ~ ~ // /.'." l SOlllH LINE ()f 101 4--...., <.:-- 5 89Øj8'Oi"[ 15n.30' ~~f(). 01' 5 89'38 'OJ . [ SECT! ON 33 TOWNSHIP 35 SOUTH, RANGE 40 EAST ABBREVIA1IONS ,. LIGEN!). .-....-.......--...........-.- [X 1ST. P. D.B, P.O.c. R/W ~¡O. r 1. 1.C.r. , DISTING POIN! or [IIGINNING PDIN] or COMlÆNCCMlNT , ~;GII' Of WAY , ~,ou^n[ HE I HWORARY CON~;TRUCIION LA~;u.nn SUBJECT PMcrl L'j ~î; .~ ~.... ~~ "" ~ LOT 5 I"" ...... '.."'...j '" ", ..... "' .... "', .,~ "' ", ""'. ". [.fD'III.~...E?·ï...E~Qí1~f..~1 T. C. E. 738 PI?{ f',HNlJ 1'(1/;', LEGAL DESCRIPTION AND SKETCH 60 30 o ST. LUCIE COUNTY! FLORIDA ........"...............-... ........__".~... _.........". u.. ..._.'_~' ......._......._.. ~.. . .....-......- ----...............-.....--... -'-"'-"'""'-~'" or fI cr , r r BURDETTE & ASSOCIATES, INC. E. C. (fIECK/O, "CAI., I" ¡)¡)' G,M,8, 2295 G ENE SEA LA N E Tlfiv lìOÒX',-"- ..-.u--u--u'"õ¡iÁIŸINCNii,-,"·---------- VERO B ~~~~ 2;¡!:a ~~A 32963=--~ p ,;¡;-;;~~---t'"ilT-j1§!f/'-!'} ~ ----- C;\PROPOSAL \INWOOD\ TCE738.DGN OS/24/0408:52:35 AM \,,/ AGENDA REQUEST ITEM NO_ ~ DATE: November 2,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Orend et al - Adjacent to Tax I.D. No. - 2433-331-0001-000/0 - Parcel 103 BACKGROUND: Please see an 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 the property owners in the amount of THIRTY FOUR THOUSAND ONE HUNDRED and no/100 DOLLARS ($34,100.00) as shown on the attached map, 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. £XI APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: [XX] C"",,, ^""ooy.f Review and Approvals [XX] Public Works Director: [XX] County Engineer: [XX] Originating Dept,: :frv.../.. ] Road & Bridge: [ JOMB: Finance: (Check for Copy only, if applicable) Eft, 5/96 G:\ACQ\WP\JoAnn\25th Street\Radke\Agenda Request,wpd ~ ."",j INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA' TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: November 2, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Orend et al - Adjacent to Tax LD. No. - 2433-331-0001-000/0 - Parcel 103 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 August 11, 2004, an offer was made to the property owners (Sharon arend, Maxine Hargrave, Peggy Berg, James Lester and John Lester), in the amount of $25,600.00, which was based on the approved appraisal report prepared by Daniel K. Deighan, MAL The appraisal was reviewed and approved by Daniel D. Fuller, MAI, as required by the Department's procedures. The acquisition area is a narrow strip taking along the east side of South 25th Street of a parent tract of 0.282 acres. The total area of the taking contains 11,282 square feet. There are no improvements within the proposed acquisition area. On October 22, 2004, the owners submitted a counteroffer in the amount of $34,100.00, which represents an increase of $8,500.00 ovèr the County's offer. As part of the counteroffer, the owners requested that the County acquire the entire parent tract, which amounts to another 1,002 square feet. They believe that the narrow remainder has no value to them and the adjacent property owner (First Baptist Church of Fort Pierce, Inc.) has expressed no interest in acquiring the small remainder. The County has an existing claim against Ticor Title Insurance Company which may result in the reimbursement of $31,000.00. In discussing the remainder issue with Mr. Fuller, he stated that the owners have a valid point and he will revise the Review Appraiser Statement to reflect an uneconomic remainder, which values the parent tract at $28,000.00. This revision would represent a net difference of $6,100.00 if the County made an updated offer to include the uneconomic remainder. ~ ...., Page 2 Orend et al - Adjacent to Tax I.D. No. - 2433-331-0001-000/0 - Parcel 103 Ms. Sharon Orend and John Lester have indicated to Mr. Mekarski that they are aware of the County's obligation to pay for attorney and other expert fees that they may incur and do to the timing of the project; the County may incur additional costs in filing a condemnation lawsuit if a settlement is not forthcoming. It should be noted that the owners were contacted by the County in the late 1980's for the acquisition of the needed right-of-way and purposely held onto the ownership of the narrow acquisition area when they sold the large parent tract to the adjacent owner a few years later. They believe that these potential costs would exceed the $6,100.00 difference and ultimately it would save the County time and money by settling with them. It should be noted that the parcel is 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. 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. Both the County Attorney and the County's Right of Way Consultant, Brian Mekarski, recommend that the County accept the owners proposal. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase with the property owners in the amount of THIRTY FOUR THOUSAND ONE HUNDRED and no/100 DOLLARS ($34,100.00) as shown on the attached map, 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, G:\ACQ\ WP\JoAnn\25th Street\Radke\Agenda Memo,wpd '-' ~ N S L R W I.t D CANAL NO, 101 ~------------------ --------------~~~- 17 .4~ Ie I) L04:t SEE SHEET --------- . (3/2«JOHIOO/IJ (/3HJOO2-000/3J ~ 102.19 M I 16.93 M I I , .... r I - I I I " TR/ICT B J R I I I I I I 1/1 c:P '" rr¡ "' I v ("oj J ~ ,,", J 0 I!. " a .... w .1/1 0 0 f33HJOO/-()()()/OJ (34I-OOOHJOO//I : 23.35 M ¡ 27,33 I>.c .... 1H7.' ¡; !Ift (343<1OO/<IOO/7J 8.67 At 1: (333<1001-000/6 1.3.38 Ac 12'~" N S L R W M D, ~ : 'ii'. 35 S ~ANAL NO 102 Y.3' S. ~. 8~ 'i. NO. SUBOIVIS ON 1 M 1JØIICS t;"~T~ -- "'"" lINE I. . 2433-801 24)3.102 2433--&01 243,). 70t G. 21 .. .. . 3"+ SEE SHEET _ '-' ....; PROJECT NAME: South 25th Street PARCEL NAME: Orend et aJ - Adjacent to Tax I.D. No. - 2433-331-0001-000/0 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY THIS AGREEMENT made this _ day of , 2004, between SHARON E. OREND. MAXINE R. HARGRAVE. individually and as Trustee. PEGGY W. BERG. individually and as Trustee. JAMES H. LESTER and JOHN A. LESTER. individually and as Trustee. whose address is 114 West Bloomingdale Avenue. Brandon. Florida 33511, hereìnafter referred to as SELLER and, ST. LUCIE COÙNTY 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. ~CHAse PRICE AND METHOD OF PAYMENT. ..Ie~:;.}L ~ ~~ ...H... ~lr'fy'¡;; lif tho!J.s cf)ne.- ~3 '/-) 100, pC ~ ... The full purchase ic is TW8Aty Five ThsY&QRd ~ Hundred Dollars, ($ZS.,600.QQ).. determined to be the total of the following: J-L ~l,t/ tOO,··er ~ nt.-6OO.no _ ~ $10.000.00 Real Property (Land) Improvements Other than Buildings (described in Exhibit "B", if any) Personal Property (Described in Exhibit "A", if any) $.00 Severance Damages $.00 Other (describe) $.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. '-" ....J 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certitied 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 sholl hove a reasonable time therefor, but not to exceed 45 days from the dote of said notification. If title shall not be made good and marketable within said time, 011 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. '-' .., 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before NOVEMBER 15. 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 uþon a tax deed, that the title has been duly quieted by suit. '-' ...", 15. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the dosing 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 paýment 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 REPRESENT A TrONS. (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 oçcuþancy, 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 4 '-' ....., 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" altèrations , , installations, and other work required to be performed by the Seller under the 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 þarties hereof, effected in good faith in an arms- length transaction. True and correct copies of said instruments have 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. 5 '-' "wII (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 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 the event(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 6 '-' ...., 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. 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. tt EXECUTED by SELLER this A day of ..o~ , 2004. ~he~~~ Print Name '" \ )~ ~ ò ~~~q~..ogJ0,n~ \ \ ~ r- STATE OF ~ COUNTY OF ~ ",~ ~ 0,. . The ~ fcyegoing instrument was acknowledged before m.e this lQ day of L-..e1f\~ ,2004,by MAXINE R. HARGRAVE, individuQlly and as Trustee, who is personally known to me or who has produced -1;:taruü\.Q --¡Jv- l \J.e V J ~((' . issued within the last five years as identification. " (NOTARY PUBLIC SEAL """" SHERRY LyNN LtX:'IOVlNO ""œ~~" Y pÚð;:;'<- Notary Public, Slale 0.1 Florida ~~. "'~ € . · . =MyCommisslon Expires Ju 7. 2008 \~. ¡¿l Commission # 00 335474 ';::¡',rr"f,~""" Bonded Iv NatIonal Notary Assn rint, Type or Stamp Name of Notary Commission No' =$I My Commission Expires: ~ 7 ~ c7~þ~ PEGGY W. BERG I individ ally and as Trustee STATE OF COUNTY OF r-/{)r,dC( . 51-. Lu~ I~ ~TjIo foregoing instroment was acknowledged before me this /?r}t, day of t;!!2!l:Ql2e r ,2004,by PEGGY W. BERG, indiviqually pnd as Trustee, who is personally known to me or who has produced persoý} a /1'( Know ý) issued within the last five years as identificQtion. , (NOT ARY PUBLIC) SEAL ~~A1.V~ Kathryn A. Llndaey :*¡ it.: Commission # 00291721 ~1." . Expires May 17 2008 " II' · BcncIed Trvr'. .1nIInnœ.1nG. 8004e5-1018 ~~a.~/ Notary Public (Print, Type or Stamp Name of Notary Commission No: My Commissio ~~~~ ~~E~d , SHARON E. OREND - c-::::> ~ "\., 'tv "- Print Name~/? S>I~ ~/rUl rJ# STATE OF HOI2 I bJ'!- COUNTY OF :u--. ~U ð, / ¿:- cl foregoing instrument was acknowledged before me this /1 day of , 2004, by SHARON E. OREND, who is personally known to me or who has tJ ç issued within the last five years as (NOTARY PUBLIC) SEAL - - - -- .......- '.- No~ Public "'-lD/V (Print, Type or Commission No: My Commission Expires: 7 , I·· ~'!\W'!"', TONNA P. CROSBY, " ~~- ~~~ . . ¡li](-t\Notarv Public· Stale of Florida ~" · : . §M(CornmmionExpies,6pr22, 2007 ;.:;." 'if';~;.~ Commission # DD199362 ; ',;f'orf\' ", ,."..",,- 8ondE!d By National Notary Assn. - - ~ ,8 '-' ~ ofhuu- ¡:f¿'~ eCic... ~ AMEs H. LESTER ~"'/<'d~g{ ?:~~: Print Name r.-: c:~ So - Get. ~ STATE OF on COUNTY OF ¿ ,veL- ~The foregoing instrument was acknowledged before me this I r¡:!b day of r , 2004,by JAMES H. LESTER, who is personally known to me or who has prod ced .£!J)1..'1¥ L.~~~SaOH:::() 'I to issued within the last five years as identification. -D&W~ ~uuJCUU ~Ille, tlJtourne. (Print, Type or Stamp Name of NOÍf1ry Commission No:J;!¿ >~ÒI~U My Commission Expires: - . Db (NOTARY PUBLIC) e~w.~ Print Name Œo...r () ( w, Mv..t l ì t'\.S ST ATE OF pl" COUNTY OF L.1ÞO f\ . J The foregoing instrument was acknowledged before me this IV day of ~. , 2004,by JOHN A. LESTER, individually and as Trustee, who is personally known to me or who has produced issued within the last five years as identification. æ-h- (NOT ARY PUBLIC) SEAL Notary Public ,5tJ¡r:tIm J. "·~I·?\~';:~t. SANDRA A GRABOW N :*1 MY COMMISSION # DO 112095 ~;"..../~: EXPIRES: April 25, 2006 "",?fflf'ï-"r(:.. Bonded Thru Nolary Public Underwriters (Print, Type or Stamp Name of Notary Commission No: My Commission Expires; ~ 'wi 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 ~, . ':'.-~' . . '.,...a.,....... I1io. ............""-,·.1 ,.,', .;t. , ' , , ~ .; 1.;." .. ,~ ,i: :¡~(;.~'., ".~'.>. ! . . '1 : , County Attorney ... . pi '. . ,',_ .' ......\.......,. ....,.;.!"'-.,..~.~.,oI.'\....'~I\:.,~···~ "." 10 EXHIBIT "A" , Page 1 of 3 LE~DESCRIPTION PARCEL 103 ....I BEING A PORTION OF THE SOUTH 400.00 fEET OF THE NORTH 800.00 FEET OF THE SOUTHWEST OUARTER OF ~HE SOUTHWEST OUARTER OF SECTION, 33. TOWNSHIP 35 SOUTH. RANGE 40 EAST. ST. LUCIE COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRI8EDAS FOLLOWS: COMMENCING AT A FOUND ~AIL 8 TIN TAB AT THE SOU.THWEST CORNER OF SAID SECTION 33; 1HENCE NORTH 8~054'OO- EAST ALONG THE SOUTH LINE OF SAID SECT]ON 33, A DISTANCE OF 40.00 FEET TO A POJNT ON THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH.' STREET; (8EARINGS ARE BASED ON SAID SOUTH LINE OF SECTION 33 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETOI; THENCE NORTHOOOI4'SD" WEST ALONG SAID EAST RIGHT OF WAY LINE BEING A LJNE PARALLEL WITH AND 40,00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SECTION 4, TOWNSHIP 36 SQUTH, RANGE 40 EAST. A DISTANCE OF 0.03 FEET: THENCE NORTH 00"02'57" EAST ALONG A LINE PARALLEL WITH AND 40.00 FEET EAST OF. AS MEASURED AT RIGHT ANGLES TO THE WEST LiNE OF SAID SECTION 33. A D1STANCE OF 520.75 FEET TO THE INTERSECTION THEREOF WITH THE SOUT~ LINE OF SAID NORTH 800.00 FEET OF THE SOUTHWEST OUARTER OF THE SOUTHWESTOUARTER OF' SECTION 33. SA]D INTERSECTION ALSO BEING THE POJNT OF BEGINNNG OF THE FOLLOWING DESCRIBED,PARCEL 103; THENCE CONTINUE NORTH 00002'S7ff WEST ALONG SAID EAST RIGHT O~ WAY lINE. A DJSTANCE DF 399.73 FEET TO THE INTERSECTlON THEREOF WJTH THE NORTH LJNE OF SAlD SOUTH 400.00 FEET OF THE NORTH 800.00 FEET OF THE SOUTHWEST QUARTER OF ,THE SOUTHWEST QUARTER OF SECTION 33: THENCE SOUTH 89°42'04" EAST ALONG SAID NORTH LJNE. A DJSTANCE OF 25.14 FEET; THENCE SOUTH 00"39'01" EAST, A DlSTANCE OF 399.46 FEET TO A POINT ON SAIO SOUTH LJNE OF THE NORTH BOO.OO FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33: THENCE SOUTH 89"42'06- WEST ALONG SAJD SOUTH LINE. A DI~TANCE OF 30.33 FEET TO THE POINT OF BEGINNING. CONTAINING I .282 SQUARE FEET OR 0.259 .ACRES MORE OR LESS. ,/ G. MAR~JN BURDETTE FLORlDA SU1VEY~ AND MAPPER DATE: if.. 2~ Ð~ BURDETTE a ASS CIAfES, INC. . 4 136 LEGAL DESCRIPTION AND SKETCH PARCEL 103 PREPARE Ð FOR ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH. FLORIDA 32963 (561) 231-8750 ...\PARCELS802\parceIl03.dgn 02/26/03 12:10:50 PM or r¡ CE , E.e. r¡ [L Ð BOOK, CHECKEO, G,M.8. SCALE, NIA DRAWING NO, , 6/5PAR/03 ÐA TE, AUG. 2002 SH[[ T 1 OF 3 SECT JON 32 ~Qi."1._ SECTION S '" DETAIL "AU ABBREVIATIONS I LEGEND. ~ . BASEL I NE ( . CENTERL] N£ EXJST. . EX1ST!NG FI'íA . FORMALLY KNOWN'AS FND. . rOUND N.S.L.R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · POINT OF BEG1NNJNG · POINT OF COMMENCEMENT · RIGHT or WAY · S~UARE FEET P.O.B. P.O.C. RIW 50. FT. ~"'~~~ ,SUBJECT PARCEL mST, NORTH CANoIt R/r ~JNE N SS'S3'OS" E N.S.L.R.W.M.D. . CANAL NO . I 02 :;: ---------- N ag'S3'OS" E DEVINE ROAD .. 01' SURVEY S.R. 61S I SOUTH 25th. STREET)· S.'. CORNER SECT! ON 33 (TOIlffSHIP LINE) .1>"00'11'53" fRT. N·IIOB~12.6~B . E· B66!90.2~9 FHO. NAIL e TIN TAB ¡ N SQUARE CUT EXHIBIT "A" Page 2 of 3 ~ MATCH LINE SEE SHEET 3 CD f-- W W o '" In ' SECTI ON 33 TOWNSHIP 35 SOUTH~ RANGE 40 EAST . V> « ~ \.P 0:: V> Lf) \.P f .... II> '" o . o o z 100 50 o 100 GRAPHIC SCALE - FEET ~ J NOTE., BEARINGS SHOWN HEREO!! ARE BASED ON FLORIDA STATE PLANE COORDINATE STSTEU. EAST ZOHE. NORTH AKRICAH OA I UII or 1993/1990 RE.lDJUST\II:NT. THE SOUTH LINE or SEcTION 33, TOWNSIIIP 35 SOUTH. A"IiGE ~o EAST BEARS. NORTH a9'S~' 00" (AST AHD All OTHER BEAR 1 NGS SIIOWII HERE ON ARE RELAT I VE THERnO. ~ .. ~ ~ Ê [XIST, HOItIH CAHAl RI'/f UHt N B9'5~' 00· E N.S.L.R.W.M.D. CANAL NO. 02 g .. NO'I~'50"W TOWNSHIP 35 S'OUTH 0.03' N B9'5~'00" r _EXIST. SQUT;;C¡¡¡¡¡: R¡;-¡:¡;-YTO WN S HIP 36 SOU TH BeorlnO Basis: ~outh Line 0'1 SectIon 33 Z , IN Bg·S~·OO- £ ,' 0 "., -;, :;; N fo- - lJJ 0 > .., « ,.j 0 Q. ID ::> . VI - WEST UN[ i/"I >- >I: SECTION ~ U"I ,fo- 0 - 0 ~ U tD EXI~TING EAST 0 w ... Rill LINE ..J ... <: .. - ..J . ~ Q. 0 '" . õ I TH! S ¡ S NOT A SURVEY 0 z SKETCH PARCEL 103 PREPARED fOR, LEGAL DESCRIPTION AND BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (561) 231-8750 ...\PARCELS802\parcell03.dgn 02/26/03 12:11:11 PM S T, LUCIE COUNTY, FLORIDA O!rJ c£, E.G. FJELD 800/(, SCALE, CHECUO, G. M, B, I· . 100' ORAWINC NO" 61SPARJ03 OA TE, SHf[ T 2 or 3 AUG. 2002 N"'" ~J~ ~r .., .., ~ ... I.> W VI ~;;; Œ:: - :;,!i ~ ë> -i: .. -' -.. :z 8- .... -~ In ... I.> "'w QVI ë- Q>- :z~ S \I) ... 0 0:: >- W -.J 3: « :r: <t :..::: u.. I Ii: I I 0 r-- Lf) l.O 100 50 o 100 GRAPHIC, SCALE - FEET !If -' ~ .. ~ ~ E ABBREVIATIONS / LEGEND, ~ ' BASEL¡NE .~ ' CENTERLiNE EXIST. . EXJST)NG FKA , FORMALLY KttOWN AS FND. . FOUND N.S.L.R.W.~.D., NORTHERN ST. LUC1E RJVER WATER MANAGEMENT 01 STRICT . POINT OF BEG¡NNING . POINT OF COMMENCEMENT , RI GHT OF WAX , SQUARE HET .p, O. B. P.O.C. R/YI SO. FT. ~~",,,,'\j . SUBJECT PARCEL NOTE. BEARI HGS SHOWN HEREON ARE BASED ON FLORJOA 5TATE PLAN( COORDINATE SYSTEM. EAST ZONE. NORTH AIoI£RICAN DATlI/J or I ~~J 11990 REAOJVSTIo€N1. THE SOUTH LINE OF SEmON 33 , TOWNSHIP 3S SOUTH. RANGE 40 EAST BEARS, NORTH 89'54' 00' EAST AHO .ILL OTHER BEARINGS SHOWN HOUN ARE RELATIVE THERETO. 40' r-Q';:1t: .:J Vol. .;) '0' VARIES ...I I ~ ~ I t' ~ ::; -= ~ ~ =i? 1:1: ! ~ - I § ~ : , É. I , I I I I SECTION 33 TOWNSH 1 P 35 SOUTH, RANGE 40 EAST ---__~- 1"___ -; . ---.--- 26.14' S B9"~2 '04 ~ E NORTH LJNE OF' THE SOUTfI 400.00' Of THE NORTH 800.00' OF THE 5.',1/4 Of TH£ S.W. 1/4 or SECTION 33 .I03~.. 11282 SO. FT. w D . . SOUTH 400.00' Of THE NORTH 800; 00' « , w OF THE 5.'. 14 OF THE 5.W. 14 cr ... """""'~ '<! S 89"42'06- W 30.33 . SOUTH LJN[ or THE NORTH 800.00' OF THE S. W. 114 or TH£.S.II. 1/4 or SECTION 33 MATCH LINE SEE SHEET 2 ST. LEGAL DESCRIPTION AND SKETCH ITHIS 1S NOT A SURVEY PARCEL 103 PREPAREO fOR, LUCIE COUNTY¡ FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (561) 231-8750 ... \PARCELS802\parcell 03.dgn 02/26/03 12:11 :34 PM OfFJ c[, E.G. FJELD BOOK, CHUKEO, G, M. B. SCALE, I· . 100' ORAifINC NO., 6fSPARIOJ OA TE, SHé[ T or 3 AUG. 2002 3 - '-' EXHIBIT liB" IMPROVEMENTS OTHER THAN BUILDINGS Sod - approximately 10,302 square feet 14 "wi \ ~ AGENDA REQUEST ITEM NO. ~ C2E DATE: November 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Right-of-way Abandon'ment - Silver Oak Drive Request Permission to Advertise - Notice of Public Hearing BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 17, 2002 - Board of County Commissioners approved Resolution No. 02-311 requesting the Department of Environmental Protection, Division of State Lands, grant two Easements to St. Lucie County along the periphery of the Savannahs Preserve for the Lennard Road Phase I and Phase II projects. August 19, 2003 - Board of County Commissioners approved the Permission to Advertise the Notice of Intent to abandon Silver Oak Drive right-of-way through the Savannas State Preserve. March 2,2004 - Board of County Commissioners approved Easement Number 30972 for the Lennard Road Phase I and Phase II projects. RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on November 23,2004, at 9:00 a.m., or as soon thereafter as possible. COMMISSION ACTION: [)t APPROVED [] DENIED [ ] OTHER: Approved 5-0 [XX] County Attorney: :Y Douglas n erson County Administrator Review and Approvals [XX] Public Works Director: [XX] County Engineer: [XX] Originating Dept,: :ft¥-f- ] Road & Bridge: [ ]OMB: Finance: (Check fol' Copy only. if applicable) Eff, 5/96 G:\ACQ\WP\JoAnn\Abandonments\Silver Oak Drive\Permission to Advertise Public Hearing Agenda Request,wpd '-" ...",j INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: November 2, 2004 SUBJECT: Right-of-way Abandonment - Silver Oak Drive Request Permission to Advertise - Notice of Public Hearing BACKGROUND: On December 17, 2002, the Board of County Commissioners approved Resolution No. 02-311 requesting the Department of Environmental Protection, Division of State Lands, grant two Easements to St. Lucie County along the periphery of the Savannahs Preserve for the Lennard Road Phase I and Phase II projects. On April 18, 2003, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida approved the request of St. Lucie County for two Easements along the periphery of the Savannas Preserve. The Easements contain a special condition that St. Lucie County shall vacate that portion of its existing Silver Oak Drive right-of-way through the Savannas State Preserve. On August 19, 2003, the Board of County Commissioners approved the Permission to Advertise the Notice of Intent to abandon Silver Oak Drive right-of-way through the Savannas State Preserve as shown on the attached map. On March 2, 2004, the Board of County Commissioners approved Easement Number 30972 for the Lennard Road Phase I and Phase II projects. RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on November 23,2004, at 9:00 a.m., or as soon thereafter as possible. RàfUIIY submitted. Daniel S. McIntyre County Attorney G:\ACQ\WP\JoAnn\Abandonments\Silver Oak Drive\Permission to Advertise Public Hearing Agenda Memo,wpd wro ~o J9i\!s '-' .J NOTICE OF PUBLIC HEARING NOVEMBER 23, 2004 TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177.101,336.09 and 336.10, Florida Statutes, as amended, and the St. Lucie County Land Development Code, Section 11.10.01 et. seq., a public hearing will be held by the St. Lucie County Board of County Commissioners, in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on November 23,2000, at 9:00 A.M. or as soon thereafter as practicable, on the petition of St. Lucie County Board of County Commissioners, to close, vacate and abandon that portion of a public right-of-way hereinafter described, and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying within that portion of said public right-of-way in St. Lucie County, Florida, described as follows: A STRIP OF LAND FOR COUNTY ROAD RIGHT-OF-WAY, 100 FEET IN WIDTH, BEING 50 FEET ON EACH SIDE OF, MEASURED AT RIGHT ANGLES TO, THE FOLLOWING DESCRIBED CENTERLINE: FROM THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, RUN NORTH 89 DEG. 46 MIN. EAST, ALONG THE NORTH LINE OF SAID SECTION 14, 2320 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF OAK DRIVE, ALSO KNOWN AS SILVER OAK DRIVE, AS THE SAME IS SHOW NON PLAT 0 F INDIAN RIVER ESTATES, UNIT SIX, RECORDED IN PLAT BOOK 10, PAGE 57, ST. LUCIE COUNTY, FLORIDA, PUBLIC RECORDS, SAID POINT BEING 320.0 FEET WESTERLY FROM THE NORTHEAST CORNER OF THE NW 1/4 OF SAID SECTION 14; AND SAID POINT OF INTERSECTION BEING THE POINT OF '-" 'WI BEGINNING OF THE CENTERLINE OF ROAD HEREIN DESCRIBED: FROM SAID POINT OF BEGINNING, A POINT OF CURVATURE, AND FROM A BACK TANGENT BEARING NORTH 0 DEG. 00 MIN. EAST, RUN ON A 3 DEG. 00 MIN. CIRCULAR CURVE, CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGLE OF 22 DEG. 30 MIN., FOR A LENGTH OF ARC OF 750.0 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 22 DEG. 30 MIN. EAST, 98.23 FEET TO A POINT OF CURVATURE; THENCE, RUN ON A 3 DEG. 00 MIN. CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST, THROUGH A CENTRAL ANGLE OF 22 DEG.11 MIN. 27 SEC., FORA LENGTH OF ARC OF 739.23 FEET, TO A POINT OF TANGENCY, ON THE EAST LINE OF THE NW 1/4 OF AFORESAID SECTION 14, SAID POINT BEING 1543.54 FEET, MEASURED SOUTHERLY FROM THE NORTHEAST CORNER OF THE NW 1/4 OF SAID SECTION 14; THENCE RUN SOUTH 0 DEG. 18 MIN. 33 SEC. EAST, ALONG THE EAST LINE OF THE NW 1/4 AND OF THE SW 1/4 OF SAID SECTION 14, 3744.1 FEET TO THE SOUTHEAST CORNER OF THE SW 1/4 OF AFORESAID SECTION 14,' TOWNSHIP 36 SOUTH, RANGE 40 EAST; CONTAINING 12.24 ACRES. All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the public hearing will also be considered. Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. (INSERT MAP) '-' ...,; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Isl PAULA A. LEWIS, CHAIRMAN PUBLISH DATE: November 5,2004 18 pt type for heading No smaller than 2 column inches wide by 10 inches long PROOF: BILL: St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1440 (fax) St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 .."., Parks and Recreation De artment Memorandum To: Board of County Commissioners Linda Brown, Assistant Parks & Recreation Director ~ Lakewood Park Design Build Project -&3 From: Subject: Date: October 28, 2004 On July 27, 2004, the BOCC awarded RFP # 04-067 Design Build Construction of Lakewood Park to Recreational Design & Construction, Inc. (RDC) in the amount of $7,041,331. Initially in an effort to expedite the project, 60% completed civil plans were submitted by Hazen & Sawyer to the Health Department and South Florida Water Management to begin the permitting process. After review of the 100'Yo completed plans by these entities some changes are being required. These changes pertain to Surface Water Management, On Site Sewerage Disposal, Potable Water Supply, and Elevation Requirements. Although there were some savings in fencing and gates, the additional cost to effect these changes is $640,820. Staff and Glatting Jackson who provided the criteria package have reviewed the changes and agree that these changes are required and are justifiable. The second item that needs to be addressed is the pool splash deck/water play area. Since this project has come close to staff's original estimate of between seven & eight million dollars, staff would like to proceed with the water play area that features an interactive component for $171,707. If this feature is added at a later date, it willbe more costly. Staff is requesting that the BOCC approve the additional $812,527 from Park Referendum dollars to complete this project. Even with these additional costs, RDC's total cost for the project at $7,853,858 is still lower than the 2nd & 3rd proposers' bids that were $8,996,539 and $9,374,699. C: Doug Anderson. County Administrator '-' ~ ~ C) ~g '" zz~ ó _w~ z ü U):Eõ :s II) c(~ti is ::J: £t: w cñ 0 en N en w (Jc(~ C") ~ en z - 0:: £t:~< CO an ~~ (Ø <C fIi ~ IX] ::» w Q. w "'" u. en ~ ..... u. ~cffi en en 0 c"t :::; < as r: (.) en . CO .,. .,. .,. ... ó ... Z 0> 11 '" ]j N tD 0 ... Z N' ...J ° !'- CJ) t::- u.. z x ...... J: <C CO u.i (.) u. q I- ...J ::;¡ . .qo « ...J :I:ê5g 0 c !,!,!CJ)!'- u.. zo::"';" :It ~ ZW", <COtD a. W ::t: O::Z"t u.<cN' LL C ~ .::E:::: 0:: ~ ::J MCJ)~ 0:: « w ó:5 · ...J rn Z~'" I- < .... Ü::;¡", a. ~ ~g~ w ~ ...J è51~ W 0 0 « cño::O> J: 0 u.. D. -O~ 3:1--' en 0 0 .... ~ ~ u.. ~ a. cn 'I- W <CCJ)(.) 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I-u.. 0:: 0:: 0:: c: C) en W w w W I'CI ~ Z LL !Xl m m E 411 en 0:: W W ::E :E ::E "0 W < a. J: ::) ::) ::) ... 411 0 a. 0 l- . ('II M Z Z Z - 11.-.' I· " .) '.+ ' t PAt' ~p (t f£~c I¡t-- ;,Z~ .au :J 0 ,11: 0 ~ . U... 9545553885 RDC/JC CERRONE 935 P01/08 OCT 05 '04 08:39 ~ \..ÄCR£ATIONAL DESIGN a CONSTRUCTION. 'NC. I[ 3990 North Powerline Road, Fort Lauderda,~. Florida 33309 1954) 566·3865 · Fax (954) 566·3335 . Email: sales@recreationaldesign.com . "The Dc.tsign Build Firm" FACSIMILE TRANSMITTAL -. To: Paul Julin, Parks Manager ST.lUCIE COUNTY - PARKS" RECREATION From; Josepb C. Cerrone, III - President RDC Fax: Pag..: 1- + cover (772) 462-1940 Phone: (772) 462-1527 Re: Lakewood Park Date: 1 Q-04.Q4 cc: D Urgent o For Review o Please Comment x Please Reply r:r Please Recycle Comments: Please see the attached proposal. The original copy is being sent by mail. .- I( 9545663885 RDC/JC CERRONE R~EATIONAL DESIGN & CONSTRUCTION, INC. 3990 NORTH POWEJtI.'NII: ROAD FOJtTLAUØCRgAI.E,FL33309 954 . 5106 . 3a65 F'AX: eS4 . 5~;:; . 33:1!; EMAIL.:lrI.O@reçreaIIO.1alde$ign.çom 936 P02/08 OCT 06 '04 08:39 ..." October 6, 2004 8t Lucie County Parks and Recreation Department 2300 Virginia Avenue, Room 228 Ft Pierce, Florida 34982- 5652 Attn: Paul Julin RE: Lakewood Park.. Bid No. 04-067 60% to 100 % Civil DrawiDls Dear Mr. Julin: Recreational Design & Construction Incorporated (ROC) has received and reviewed the I 00% set of Hazen & Sawyer Civil Plans (dated 08-27~04) in comparison to the 60% set (dated 06-18-04) that was received (07-07-04) during the RFP process. We have found the following revisions and/or variations and have broken them down per Exhibit, "B" Bid Unit Price Schedule, that was provided as part of the RFP documents. AI. 1) 2) 3) 4) 51 6'1 7) 8' ) CG<:I\21702 E:I]·QOOI000 Site GradiD&: Grades at Baseball Field and overflow parking raised by 0.1 and 0.2 feet respectively (Sheet C-7). Benn repair and detail construction with selected fiU and seeding as per AASHTO (Sheet C-9). Playground and surrounding areas grade raised by 0.5 feet (Sheet c~ 1 0). Baseball field's grade at backstop dugout and batting cage areas raised by 0.8 feet (Sheet C-l 0). Concession Building pad grade raised by 1.5 feet (Sheet C-l 0). Maintenance Building finish floor elevation was raised by 0.3 feet and surrounding area raised by 0.2 feet. (Sheet C~13) Pool Facility Building finish floor elevation was raised by 0.5 feet and area around circular drive at pool drop-off was raised by 0.5 feet. (Sheet C-14). Over-all site eIevatÍon raised by 0.2 feet to 0.3 feet offill. , , , 954,663885 RDC/JC CERRONE '-" 936 P03/08 OCT 06 '04 08:40 ...,J October 6, 2004 Paee Z of 4 Ann: Paul Julin Å2. Surface Water Manaeement: 1) New drainage swales added along the Park from Emerson to Lee and Hibiscus. (Sheets C-7 and C-8). 2) Reinforced concrete pipe size increased. (Sheets C-8, C-IO, C-11 & C-14). 3) Miter ends for drainage pipe added. (Sheet C-11 & C-14). 4) Control structures invert and rim elevations now provide more specific and detailed information for sizes of structures. (Sheets C-8, C-IO, C-ll & C-14). 5) Two (2) Stonn Water Manholes were added along the storm bleeder line. (Sheet C-16). 6) Manhole Rain Guard requirement added. (Sheet C -28). 7) Three (3) Conspan or Equal Bridges added to provide pedestrian access across the drainage retention areas to the soccer fields. (Sheet C-ll & C-14). AJ. On Site Sewerale Disposal: 1) Pump Station revisions. (Sheet C-26). 2) Eight foot (8'-0") fence and gate enclosure added around Pump Station. (Sheet C-13). 3) Grease Trap size proposed to be 750 gallons by RDC and now indicated to be 1250 gallons on drawings. (Sheet C-l 0). 4) Sanitary manhole invert and rim elevations now provide more specific and detailed information for size of structure. (Sheet C-IO). A4. Potable Water SUDDlv: 1) Water Treatment System added to drawings. (Sheet C- 7). 2) Water Treatment System design notations added to drawings. (Sheet G-2/Note #15). 3) Water welt depth required 120 lfin lieu of 100 If as proposed by RDC. (Sheet C-7). 4) Eight foot (8'-0") fence with privacy screen and gate enclosure added around Water Treatment System. (Sheet C- 7). 5) One (I) lockable valve box and water piping reconfigured at the Concession Building (Sheet C-IO). 6) Depth of underground domestic water line calls for 30" minimum cover and code (FBC 305.6) requires no Jess than 12" deep or less than 6" below the frost line. (Sheet C-IO). 95~~663885 RDC/JC CERRONE '-" 936 P04/08 OCT 06 '04 08:40 '-' October 6, 2004 Pale 3 of 4 A.ttn: Paul Julin C-l. Park Rd. ftom Emerson: I) Park entry road curb cut unto Emerson Avenue revised and widened. (Sheet C-7). 2) Asphalt paving thickness revised from 1-1/2" to 2". (Sheet C-22). c-z. Puk Roadway: 1) Asphalt paving thickness revised £Tom 1-112" to 2". (Sheet C-22). 2) "Keep Right" sign added to center median of Park Entry, (Sheet C-8). C-6. Impervious Parkin a: 1) Asphalt paving thickness revised from 1-112" to 2". (Sheet C-22). . <:-9. Multi PUfDose Path- Asnhalt: 1) Asphalt paving thickness revised from 1-112" to 2". (Sheet C-22). C-I0. Wall: 1) Retaining wall deleted. (Sheet C-14). D-l. Entry Gates: 1) Entry baffle gate from Emerson A venue to the gravel trail entry replaced with three (3) concrete filled painted bollards. (Sheet C-19). D..6. Wire Fence: 1) Fence posts revised from 8" x 8" to 4" x 4". (Sheet C-23). D-7.3 Rail & Solid Fence: 1) Fence posts revised £Tom 8" x 8" to 4" x 4". (Sheet C-23). 9545663885 RDC/JC CERRONE 936 P05/~8 OCT 06 '04 08:40 ..."" ~ , - . - / ,.- , ~ I J ,./ i II / , ,,- . .\ I " (. October 6, 2004 Paee4of4 -- Attn:--hut"1ûlin ~/- E-l. ,"",. SwimminsúLaD Pool: \ ' . The 60% or 100% plans do not indicate the Leam to Swim Area you intended. The plans also '.1 indicate the water playground as "Future Phase". We need to get together to discover how to j fit these important items into the budget through scope reduction or increasing the budget to / accommodate them. / E-2. Soccer Fields: Soccer fields width reduced from 240 feet in width to 225 feet on new drawings (This decreases areas for fumigation, laser grading. and sprigging) E-3. Baseball/Soft Ball Fields: Extend concrete flatwork to five feet beyond the bleachers pad to the North and West access areas. Delete planting area at back to back bleachers and dugouts and fill with concrete. Change 12 gauge outfield fencing to an upgrade of9 gauge and remove middle rail at infield fencing. Please refer to Bid Schedule Unit Pricing for estimated change amounts for items Al through E3. If you have any questions or require further information, please do not hesitate to contact me at telephone number (954) 566-3885. esign & Construction, Inc. ~( Attachments: (2) . Exhibit "B" indicating changes from 60% - 100% Exhibit "B" original Bid cc: Peter Keogh 9545663885 RDC/JC CERRONE 936 P06/08 OCT 06 '04 08:41 '-' EXHIBIT'S' ..,¡ Recreational Desi9" & Construction _~'S'QIIIP_ NAME BID UNIT PRICE SCHEDULE CHANGES FOR CONSTRUCTION OF A PARK IN LAKEWOOD PARI< See design oriterla Package Appendix, Exhibit 02 for desCliptions of the items listed below, and other exhibit$ for a generalized layout and specilicati0l18 fot'the facilities, ITEM NO. DESCRIPTION eST. QUANT. UNIT UNIT COST AMOUNT A GRADING. DRAINAGE & UTILITIES A1 Site Clearing & Grading LS Add $ 198,116 1 LS Add $ 186,410 , LS Add $ 8.991 $ 14,459 $ A2 Surface Water Management Facilities A3 On-Site Sewage OJspoMI A4 POlable Water Supply AS Site Utilities B BUILDINGS B1 Restroom/Concession Building $ 82 Pool Building $ 83 Maintenance Building $ C HARDSCAPE & LANDSCAPf; C1 Pari< Rd. From Emerson Rd. to Lee Blvd. & Hibiscus Rd. 1 LS Add $ 24,101 C2 Park Roadway 1 LS Add $ 9,558 C3 Future i:ntrance from Seminole Road $ C4 Pervious Parking. Reinforced Turf $ 05 Impervious Parking. Asphalt 1 LS Add $ 66,130 06 Overflow Parking - Reinforced Turf $ 07 Pedestrian WalkWays. Concrete $ 9545663885 RDC/JC CERRONE 936 P07/08 OCT 06 '04 08:41 '-' EXHIBIT 'B' '.J KX)E!t'.COMPIiNf ~ ca Multi-purpose Path - Asphalt 1 La Add S 20,487 C9 Multi-purpose Path· Gravel C10 Wall 1 LS (Credit ) S (25.300) C11 Tree. S C12 Shrubs $ C13 Lawn S C14 lITigation $ C1S lrogatlon ror MUrtt-"'Vrpose ~occer I -comall Fields S C1S In'igation for Baseball! Softball Fields 1 $ D SITE FIr'RNISHINGS 01 Entry Gates 1 LS (Credit ) $ (2,150) 02 Signage S D3 I"tonnatio" Kiosk $ D4 Picnic Pavilion S 05 Playground $ D6 Wire Fence lS (Credit ) $ (3,100) 3-Rail & Solid Fence along NOrth Side of Site 07 at Entrance , lS (Credit ) $ (14,500) 08 Drfl'lking Fountains $ Bicycle Racks, Picnic Tables, Grill, Trash De Receptacles $ ~ 936 P08/08 OCT 06 '04 08:41 .."" 9545663885 RDC/JC CERRONE IIQOiR'lCOllP.l,N'f1MMïl E RECR~TlON and ATHLETIC FACIUTIES E1 Swimming/Lap Pool $ E2 Multi·Purpose Soccer I Football Fields 1 LS (Credit ) $ (13,300) E3 Baseball I Softball Fields 1 lS Add $ 49,882 F SITE ELCTRICAL and LIGHTING F1 Building & Site Electrical $ F2 RoadwaylPatking Lighting $ F3 Pedestrian Lighting $ F4 Sport Fields Ughtlng TOTAL ESTIMATED CHANGE AMOUNT Based on Lump Sum and Bid Unit Prices & Estimated Quantilles $618,790 Alternates The following specified adjustments in price shall be at the sole discretion of the Owner. See Design Criteria Package Appendix, Exhibit 15 for general boundary of Alternates I( 9545663885 RDC/JC CERRONE R.i }CATIONAL. D!::5IGI\I & CON:;>¡ fooIU~ nON. INC. 3"'~O~T¡' ~QWIAI.'N£ ROAO FO~TI..Ug£RO.L£,FL3330V 954 . $Eõ5 . 3885 FAX 954. 56!; .3335 EMAIV info8røcre8tlonaldc6ign,com 321 PI2I2 OCT 25 '1214 1121:53 ..." October 25, 2004 St Lucie County Parks and Recreation Department 2300 Virginia Avenue, Room 228 Ft Pierce, Florida 34982- 5652 Attn: Mr. Paul Julin RE: Lakewood Park ~ Bid No. 04-067 Wetland Vertical Relocation for ERP Application NO 040630-16 Dear Mr. Julin: Recreational Design and Construction Inc is pleased to provide this cost proposal to delete the impermeable barrier as per detail A on sheet C-17 drawings set dated August 2004 and to construct the vertical relocation of the Wetland in the area designated as W2 as requested by Hazen Sawyer letter dated October 20, 2004 as follows. Proposal Include. · General Condition for an additional (2) months · Survey and Bonds. · Mitigate ,clear grub and remove trees · Excavate area of wetland W2 down to 3 feet to lower control elevation to 19.0' NGVD · Reconstruct boundaries for new wetland W2 · Provide Litoral planting with emergent hydrophyte to a slope of 9: 1 through the boundaries of the New wetlands · Haul excess bulked excavation from site · Provide final grading at boundaries of wetland buffer. Note: An additional 2 months will be required for the Scope of Work and shall be added to the total construction time. The total cost for this scope of work shall not exceed $122,030 ( Please see attached Pricing Sheet) co.cA21'102 EG·OO01000 9~A~663885 RDC/JC CERRONE '-' 321 P03 8CT 25 '04 10:53 ...., Oc¡ob.r 25. 2004 RE: Lak.wood Park - Bid 1110. 04-087 Aftn: Mr. Paul Julin ,.0_20f2 Exclusions; · Design and or consulting Fees for the Vertical Wetland drawings If you have any questions or require further information, please do not hesitate to contact me at telephone number (954) 566·3885. esign & Construction; Inc. /,[ C. Cerrone, III President Attachment: Exhibit 'B' (Change Order Pricing) cc: Mr. Peter Keogh o:\AgC I'roJRø\JObIIJobS\04·2ð1 RFP L.k"waOd Pitk\Wortl DOCUMl!nt&\Cllanoe Ordtf'IWll18nd "'er1iç.1 RoIloc:ation, wpd 95~~663885 RDC/JC CERRONE 321 Pø4 OCT 25 '134 113:53 '-' ..."'. ..A.I.. L# ..." Recreational Design & Construction 800£!0'$/;""'_IWIE CHANGE ORDER PRICING BACK UP Vertic:al Wetland Relocation at W2 ITEM NO. DESCRIPTION QUANT. UNIT UNIT COST AMOUNT 1 General Conditions & Fees Add 1 LS $26,460 26,460 2 Surveying Add 1 LS $5,500 5,500 3 Bonds Add 1 LS $1,640 1,640 4 Clearing and Mitigation Add 1 LS $23,760 23,760 5 Earthwor1<s Add 1 LS $76,850 76,850 6 Litoral Shelf Planting & Sod Add 1 LS $25,258 25,258 Original Bid: Impermeable Barrier as per Detail A C-17 1 Excavation Credit 802 CY $21.00 $ (16,842) 2 PVC Liner in 3' X 3' Trench Credit 2450 LF $5.50 $ (13,475) 3 Backfimng Credit 1081 CY $5.25 $ (5,675) 4 Grading at Banks Credit 7230 SF $0.20 $ (1,446) TOTAL ESTIMATED CHANGE AMOUNT $122,030 Based on Lump Sum and Bid Unit Prices & Estimated Quantities '-" FUNDING USES Lakewood Park Proiect Cost Year Amount FY 02/03 $3,895,172.10 FY 03/04 $83,225.00 FY 03/04 $219,032.90 FY 04/05 $7,853,858.00 FY 04/05 $100,000.00 $12,151,288.00 Lawnwood Stadium Proiect Cost FY03/04 & FY04/05 $910,000.00 FY04/05 & FY05/06 $5,995,000.00 $100,000.00 $7,005,000.00 $19,156,288.00 ..J Proiect Description Purchase of Lakewood Park Property Survey, Water Use Permits, Soil Testing and FTC Mgmt Plan Consulting Engineer ROC Design/Build Contract - Design and Engineering of Infrastructure, 4 Soccer/football fields, 4 baseball fields w/lighting, Restroom and concession, trail enhancement, parking lot, natural trail area, Pool with spray ground water features, and funding toward parking lot and a maintenance building. Arts in Public Places Allocation Lakewood Park Project Cost Estimated cost for Stadium Seating Construction & Field Renovation. Estimated cost for press box renovation, bathroom renovation (football stadium), stadium track renovation, Lawnwood Park field construction (4 lighted soccer fields), Fitness trail improvement, Playground/picnic area, Maintenance building, Lighting renovation, Site work/infrastructure, Park field construction (2 softball fields, rotate baseball field 1), Lawnwood Park baseball concession/restroom. Arts in Public Places Allocation Lawnwood Stadium Estimated Project Cost Estimated Total Project Cost · '-' FUNDING SOURCES Year FY 02/03 & FY 03/04 FY 03/04 FY 03/04 Amount $17,865,706.00 $1,174,491.00 $200.000.00 $19,240,197.00 FUNDING SOURCES/USES BALANCE Revenue Expenses $19,240,197.00 $19,156,288.00 $83,909.00 """ DescriDtion Parks MSTU Line of Credit FCT Refund Dollars FRDAP Grant Total Funding Available Total Funding Available Estimated Total Project Cost Remaining Funds *Balance does not include funding for Skateboard Park ($1,000,000) or Duke Nelson Center ($524,000) -....... - r '" AGENDA REQUEST 'WII ITEM NO. C4 DATE: November 2, 2004 REGULAR [ PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Permission to Advertise Public Hearing for Public Works Solid Waste Division. BACKGROUND: The City of Fort Pierce changed their disposal site from Okeechobee to St. Lucie County. This equates to an additional 200 tons per day into our balefill and will generate an additional $2,000,000 in revenue per year. FUNDS A V AILABLE: N/ A PREVIOUS ACTION: September 16, 2004 - The Board held a Public Hearing and adopted the FY2004-2005 budget. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Office of Management and Budget to schedule and advertise a public hearing to amend the budget. COMMISSION ACTION: CONCURRENCE: uglas M. Anderson County Administrator [x] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ~' Coordination/Signatures ( ¡!~ t"Y\VI~ .'__ " Management & Budget: \_): " f , I Purchasing: é"Z' l v Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable)~. G:\BUDGET\WP\AGENDA'S\AGENDA05\11 '2S0LlDW ASTEADPERM,DOC ....., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 05-006 TO: FROM: Marie Gouin, Management & Budget Director Leo J. Cordeiro, Solid Waste Manager~ October 26, 2004 f) 2004 DATE: RE: Budget Revisions On September 20,2004 the City of Fort Pierce changed their disposal site from Okeechobee to St. Lucie County. This equates to an additional 200 tons per day into our balefill and will generate an additional $2,000,000 revenue per year. This will result in approximately 2 more hours per day of operation, which will be handled with some overtime and a slight shift change. We also need to add 2 more people in our maintenance shop, 1 Mechanic and 1 Fleet Superintendent for the 11 million dollars worth of equipment and 1 Material Recovery Facilitator. As a result of the two hurricanes in September of this year, this facility has experienced a loss of 1.5 to 2 years of life, which will mean and earlier date start for the next phases. Below is a list of the estimated expenses and capital along with a budget revision. Overtime including benefits Utilities Fuel Maintenance Equipment - 2 Replacement Loaders Design of Phase 3B Design of Phase 5 $ 72,540 $ 26,400 $ 15,000 $ 80,000 $ 460,000 $ 595,000 $ 159,000 Additionally, we will need 3 new positions. The requested positions are as follows: Position Job Code Pay Grade Cost Fleet Supervisor 515 15 $56,332 Material Recovery Facilitator 878 11 $39,sgl Heavy Equipment Mechanic 827 14 $43,806 I have attached an equipment request form for the 2 new loaders, position request forms for the new positions, capital project forms for Phase 3B and Phase 5 and a budget revision form. Additionally, I will prepare the agenda requests for COM's proposals to go to the Board on the same day as the Public Hearing. (November 9,2004) Please let me know if you need any additional information. Thank you. LJC:dls Attachments C: Don West, Public Works Director 4! AGENDA REQUEST ....., ITBVI NO._ C-5!t DATE: Nov. 2, 2004 REGULAR [ ] PUBUC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Purchase of floor scrubber and vacuum for Tradition Field Stadium. Approval of Equipment Request No.'s 05-262 and 05-263. Approval of Budget Amendment No. 05-103. BACKGROUND: In anticipation of more and more activity at Tradition Field Stadium. Staff is requesting approval from the BOCC to purchase a Minuteman Parker Vac-35 ($2,233.00) and a Minuteman 200x series automatic floor scrubber ($2,205.00). These two pieces of equipment w ill save man-hours, are more efficient, and w ill be utilized to clean up after events that the County Cleaning Contract does not cover (Please see attached for detailed justification). These items will be purchased through State Contract No. 365-001-03-1 and we are paying 2001 prices, including shipping costs. The total cost of these two items is $4438.00. FUNDS WILL BE MADE AVAILABLE IN: 461-75201-564000-700 (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the purchase of a Minuteman Parker Vac-35 for the amount of $2,233.00 and a Minuteman 200x series automatic floor scrubber for the amount of $2,205.00 to be used at Tradition Field Stadium. Approval of Equipment Request #'s 05-262 and 05-263. Approval of Budget Amendment No. 05-103. COMMISSION ACTION: .-' [x] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept: :JI/ /~~ Coord i n::lt ion/Sign::ltlJ rp.s Mgt & Budget: ~ Public Works: Purchasing" Ot her: Finance: (Check for Copy only I if applicable) ...., Parks and Recreation De artment Memorandum To: Board of County Commissioners , From: Linda Brown, Assistant Parks & Recreation Director ~.. Subject: Purchase of Floor Scrubber and Vacuum for Tradition Field Stadium Date: October 28, 2004 In anticipation of more and more activity at Tradition Field Stadium. Staff is requesting approval from the BOCC to purchase a Minuteman Parker Vac-35 ($2,233.00) and a Minuteman 200x series automatic floor scrubber ($2,205.00). These two pieces of equipment will save man-hours, are more efficient, and will be utilized to clean up after events that the County Cleaning Contract does not cover. These items will be purchased through State Contract No. 365-001-03-1 and we are paying 2001 prices, including shipping costs. The total cost of these two items is $4438.00. C: Doug Anderson, County Administrator ~ "'" BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation PREPARED DATE: 1 0/22/04 AGENDA DATE: 11/2/2004 ACCOUNT NUMBER ACCOUNT.. NAM.E ," "'!>~~1f:~.<.,,?·'¡ ""ºYNr.·,~ TO: 461-75201-564000-700 Machinerv & Eauipment $4,438 FROM: 461-75201-546100-700 Buildinç Maintenance $4,438 REASON FOR BUDGET AMENDMENT: Vacuum and Scrubber for the Sports Complex EQ05-262 and EQ05-263 CONTINGENCY BALANCE: nla THIS AMENDMENT: nla REMAINING BALANCE: nla DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA05-103 DOCUMENT # & INPUT BY: t/) 0::: Wit) zg ON - I t/)~ t/)O -0 :EN :Eo::: 0« OW~ ~~~ Z«N :JO; Ot/).Q oü:i u.o:::~ OOZ Cu.~ O:::I-<C «t/)C OW~ m:Jz >- OW I-W~ zO::: :JI- OZ OW W:E -Q. 0- :J:J ..Jß . l- t/) ... 00 ww tntn 55 ww ~~ f-r- 00 zz 1--- --- tntn ww· ~~ ~- o w o z .. wO ~w ~> O~ (.)D. ~~ I: o ;: >< ca CÞ I!!,ª U E CÞ 0 0:(.) oð II) ~t: :; .8 D.tn ~ z w ~ .. ~z ~º D.~ w~ 00 ¡:::= tn ~ tno Oz (.),.... ëi!- z o ¡:: -tn Ow 5L~ =1-- ~ z w ~ w ~ D. 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AGENDA ITEM: C-5 Justification Justification for Vac:n1UD avd Floor Scrubber at SoortB Comolu: Concrete surfaces have increased 10- fold that are C\ØTently being blown with a blower to move debris. This vacuum would pick up the debris and get rid of it instead of blowing the same debris day after day otfthe concrete surfaces. This vacuum: · wi11 save man hours due to not taking as long to do the areas or having to re-do the same areas over and over. · is versanle with attachments to clean other areas, such as, stadium seating, stairwells, and dugouts. Also, it can be used around people, where a blower can not due to flying debris. · wi1l pick up the pine needles and leaves from the constantly shedding trees æ-ound the main entrance of the stadium. · will pick up mulch tbat is constantly washing and blowing out of the planter beds at the ftont main entrance to the stadium. · will assist the county crews having to clean up after Mets' mini base all camps, high school games, and others where the contracted County Cleaning service does not clean up after. · will aid and assist in reducing man hours of county employees responsible for picking up the stadium after county events, such as, church groups, County Appreciation Day, etc. The Scrubber: · wiJ1 be used on the concourse, ramps, various other levels, suite level with patios, press floor, where a pressure cleaner cannot be used due to the puddles of water a pressme cleaner leaves behind and then would have to be mopped up and removed. · will be used to clean the platforms in tront of elevators instead of pressure cleaning due to the amount of water and puddles it leaves behind · Will be used in the ongoing and continual general maintenance of the scrubbing and washing of locker room floors, showers, and all restrooms in locker rooms as wen as on the concourse and out« areas. · Basically; it will save time and do a better job than a mop and brush, which is the system currently in place to clean the stadium · 113/21/213134 ·1 , I I I I I I I 17:137 7728715456 ~ SPORTSCOMPLEX PAGE 131 .., STATE OF FLORIDA CONTRACT No. 365-001-03-1 Minuteman International, Inc. Full-Line Manufacturer of Industrial Cleaning Machines & Equipment Made in the USA Minuteman's Authorized Distributor and Repair Center: Economy Chemical Company, Inc. Date of Contract: December 12, 2002 through N ó~ -yÞ 1þ3J ..to\! ~o'i IV' ¡JoJ ''1 /" v-t-- I \ :(" ,-",~=r" _ ';~,~W'~I'C,.,J . ..'. . ,. . :.¡..,'·;!'.·.·.·:¡~i¡\í}· ·0· 0··.··. ~V..·. S·.e·'''.<DÞ. .Þr :(!X~;,i¡' ..... ft . . ..~.... :>!'\';;':~i>:> , :;~:!':'j!:,:i}iuto"'øt;c .: .;?~,,\1t:;:}·,¡,:·~ '::!/Í¥~~:'~</' "::,:';, :;,¡f~~j,¡;:il~öor Scrubbers ~i::::;::';{0:.'·/i' ·\"::X::': :y. . , 113/21/213134 17: 137 728715456 SPORTSCOMPLEX VAC-35 MORE THANA CENTURY OF QUALITY PAGE 04 10/21/2004 17:07 . . 7728715456 SPORTSCOMPLEX '-' t Size mber. . .203009 Item Description ### Ordered Price ----- ------------------------------ ------- --------- :>e r - - . 203009 Size ----- Parker Vac 35 with 8HP Honda rvltr & Bag Platform /". (Model #PV930BHSP) ~ ****************************** Parker Vac 35 with 8HP Kawasaki Propane Engine (Model #PV9908KSPL) ***********************~****** Sulky Seat (Model #MA-684-D) ****************************** ****************************** ..".to Minuteman 200X Auto Scrubber V" Electric complete with Pad Holder. Brush Assisted Drive (Model #MC20003QP) ****************************** t-linuteman 200X Auto Scrubber Battery complete with Pad Holder, Batteries, & Charger Traction Drive. (Model #MC20001QP) Item Description ### Ordered , 2,233.000 1 2,450.000 , 357.000 1 2,205.000 1 -3 , 545 . 500 Page 2 Price Minuteman 200X Auto Scrubber Battery complete with Pad Holder, Batteries & Charger. Erush Assisted Drive (Model #MC20000QP) ****************************** *FLORIDA STATE CONTRACT PRICE* ** CONTRACT #365-001-03-1 ** 1 ------------------------------ ------- --------- 2,688.000 PURCHASE ORDER MUST BE MADE OUT TO MINUTE~~ INTERNATIONAL CONTACT: JAN NORTON FAX: (630) 627-1130 PHONE: (800) 323 -9420 .~ Page Tax? N N N N N Tax? N PAGE 02 1 .,. . "'" '-' AGENDA REQUEST ...." ITEM NO: C-5Þ DATE: Nov 2, 2004 REGULAR PUBLIC HEARING CONSENT X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: SOLE SOURCE STATUS REQUEST FOR SPECIFIED FAIRWINDS GOLF COURSE VENDORS BACKGROUND: In 1992 the Board of County Commissioners opened the first municipal golf course in Saint Lucie County. Since the inauguration, the Golf Shop has been responsible for the purchase and resale of golf merchandise, to include sole source items from Titlelist Golf Division, and Foot Joy. This fiscal year, staff requests the Board's approval of Titlelist Golf, Callaway Golf, Foot Joy, and Cleveland Golf as sole source providers for their respective brand of golfing merchandise, and increase the purchase level to $25,000 for each, effective October 1, 2004 through September 30, 200~. PREVIOUS ACTION: On October 26, 1999, the Board approved a request for sole source status of Callaway Golf Clubs/Accessories, Taylor-Made Golf Clubs/Accessories, and Titlelist Golf Division for the remainder of Fiscal Year 1999-2000. On September 25, 2001, Bridgestone Sports U.S.A., Foot Joy, and Spalding Worldwide Sports were added to this list and approved as sole source providers. FUNDS WILL BE MADE AVAILABLE IN: 418-0000-142015-700 (Novelties) RECOMMENDATION: Staff recommends that the Board approve Titlelist Golf, Foot Joy, Callaway Golf, and Cleveland Golf as sole source providers for their respective brand of golf merchandise. Staff further recommends approval of a purchasing level of not more than $25,000 for each of the aforementioned distributors, effective October 1, 2004 through September 30, 2005. X] ] APPROVED OTHER: DENIED ", COMMISSION ACTION: Approved 5-0 D g . Anderson County Administrator County Attorney: Coordination/Signatures flAil _ ..,/ ,.., anagement & Budget: t~ fYI'LV;urchasing: (.;/~/ . Originating Dept: Finance: (if applicable) 'I H:\AGENDAS 04-05\11-2-04-GOLF COURSE, OC " ~ '-" PARKS & RECREATION DEPARTMENT Fairwinds Golf Course '-' MEMORANDUM TO: Board of County Commissioners FROM: Peter Keogh, Parks & Recreation Director VIA: Timothy Coolican,GolfCourse Manager DATE: October 12, 2004 RE: Fairwinds Golf Course Sole Source Distributors In 1992 the Board of County Commissioners opened the first municipal golf course in St. Lucie County. Along with the responsibility of operating the golf course play, a golf shop was established. This included a fonnulation and implementation of a yearly merchandise buying plan that would meet customer needs. This plan would include the resale of golf shop merchandise on a retail basis. Distributors such as Golf Clubs/Accessories, Titlelist Golf Division, FootJoy, Callaway Golf and Cleveland Golf are sole source providers for their respective brand golfing merchandise. Due to the demand for these particular golf clubs and accessories, we are exceeding the purchase levelof$lO,OOO. Therefore, because of the Sole Source status of these distributors, it is considered necessary to approach the Board requesting consideration and approval of a higher purchasing level under the Sole Source criteria. RECOMMENDATION: The Parks and Recreation Fairwinds Golf Course staff recommends the Board of County Commissioners approve the following requests for Sole Source providers: 1. Recognize distributors of the following vendors as Sole Source providers for their respective brand golfing merchandise.: A. Titlelist Golf Division B. Callaway Golf C. Foot joy Golf D. Cleveland Golf 2. Approve a purchasing level of not more than $25,000 for each Sole Source provider, October 2004 through September 30, 2005 .. '-" AGENDA REQUEST '-' ITEM NO. C-6A DATE: NOV. 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSI'oNERS SUBMITTED BY (DEPT): CENtRAL SERVICES SUBJECT: DEPARTMENT OF ENVIRONMENTAL PROTECTION-FRDAP #F02281 AGREEMENT EXTENSION/AMENDMENT NO.2 SAVANNA RECREATION AREA-PHASE II PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR BACKGROUND: On August 28, 2001, the Board of County Commissioners approved the execution of a Grant Agreement with DEP-FRDAP, dated September 21,2001, for the Savanna Recreation Area. Current date of completion for this project is March 31, 2005. Due to the workload that has been placed upon staff as a result of both Hurricane Frances and Hurricane Jeanne, staff submitted a request for a six (6) month extension to our grant Agreement, with a completion date of September 30, 2005 (please see attachment). This extension will provide sufficient time to fulfill our obligations within the grant Agreement. FUNDS AVAIL: 316201-7240-563000-7650 (Improvements OIT Building) PREVIOUS ACTION: The Board approved Amendment No.1 to FRDAP #F02281 Agreement! Savanna Recreation Area-Phase II for a six (6) month extension, July 27,2004, Item No. c 7. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Amendment No. 2 to the FRDAP Agreement for Savanna R~creation Area-Phase II for a six (6) month extension with a completion date of September 30, 2005 and authorize the Chair to sign Amendment No.2. -- --~-- .. ---.. -----. .- -.---- -..- -----.---<-----.----- MfSsìONACTION: ÐQ' .6t~PF{C?"ED [] DENIED [ 1 OTHER:, Approved 5-0 CE: POyntY AttórlÍey:,,, (J1:-" ' ,.. .' ~H. Mill - Origiríating Deþ~ . lr FinanCe: (èheck for Copy only, if Applicable) Cootc:iiria..t ioIi/s :i.gIiâtµté.s,;i M9t..&...........B.....'..u.. d~Cf'~ / - Other." . .....~ . ÔLJ ....... dêtson è'ÔÎ.J'ñty Administratór Púrct1âsillg Mgr.: Öth'èr: Eft. 1/97 H:\AGENDA\AGENDA REQUEST FORM.WPD ~ , ,lflii' 'j 'I¡ '-' "-' F0281 (DEP Contract Number) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment 2 to Agreement This Amendment entered into on r 20___, serves to amend portions of the Agreement dated September 21, 2001, as amended August 10, 2004', by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and the ST. LUCIE COUNTY, hereinafter referred to as GRANTEE, for the approved recreational project known as Savanna Recreation Area - Phase II, Project #F02281, pursuant to section 375.075, Florida Statutes and Part V, Chapter 62D-5, Florida Administrative Code. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Paragraph 14 Sentence lis amended as follows: The GRANTEE shall complete all project elements on or before September 30, 2005. 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 hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION : ~N()-:\ By: Director or Designee Division of Recreation and Parks Approved as to Form and Sufficiency: Agreement has been pre-approved as to form and sufficiency by Suzanne Brantley, Assistant General Counsel, on January 21, 2004 for the use for one year. DEP 42-050 Revised 1-23-04 ST. LUCIE COUNTY By: Person Authorized to Sign Printed Name Title Address: 2300 Virginia Avenue Fort Pierce, Florida 34982 Grantee Attorney \.r. ..""" ITEM NO. C- 6B , DATE: 11/2/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) "INVESTMENT FOR THE FUTURE" TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Bid #04-063 - Dollman Beach Park - (East) BACKGROUND: On June 9, 2004 bids were opened for Bid #04-063 Dollman Beach Park - (East). Six hundred and eighteen (618) vendors were notified, twenty-three (23) bid documents were distributed, and two (2) responses were received. Staff recommends award to the lowest bidder Overland Construction Company for a total amount of $327,500.00. (See Attached Memo) FUNDS AVAILABLE: Accounts: 316-7240-563000-795~ and 305-7240-563000-7958- Improvements Other Than Buildings PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid #04-063 - Dollman Beach Park - (East) to the lowest bidder Overland Construction Company for a total amount of $327,500.00 and approval for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER Approved 5-0 CE: ~ o NDERSON C UNTY ADMINISTRATOR Coord ination/SiQ natures County Attorney (X) Originating Dept (¡-<.) Mgt & Budget 6Q þt£J MlV\j~ìi Purchasing (X) 61 r Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ '-' BOARD OF COUNTY COMMISSIONERS .....I \ PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director ~:/ Date: October 27, 2004 Re: Bid #04-063 - Dollman Beach Park - (East) ******************************************************************************************************************* Backqround: On June 9, 2004 bid submissions were opened for Bid #04-063 - Dollman Beach Park - (East) to construct a park on South Beach. The bids received exceeded the budget amount for the project. On September 15, 2004 the Park & Recreation Department requested that we move forward with the project by deleting the restrooms. Staff contacted the low bidder Overland Construction Company and they have agreed to keep basic park improvement the same as the bid. (See attached) Recommendation: Staff recommends the award of Bid #04-063 - Dollman Beach Park - (East) to the lowest bidder Overland Construction Company for a total amount of $327,500.00 and approval for the Chairman to sign the contract as prepared by the County Attorney. '. lJ m ;:0 o m š:: » z o (j) -f » ;:0 ZZZ ccc s;:s;:s;: (J){J){J) mmm ::U::U::U 000 """ (J){J)(') ÔÔO c/)0s;: ::U0'lJ m(')> (')c~ ms;:m <mC/) mzz 0-10 "C/):j 0" Cññi -10 ~ .~ OJ C -I m o ,~ NN~ Woo ~II. OJ ;;0 m (J) :þ-I r;;o -10 :þ:;::0 O->':S: 0" · :þ"-I r:::OO -10-1 mZ> :::o-lr zm> :þZ:s: -1-10 m~c G)G)Z :::o:þ-I :þOJ (J)r (J)m -0' :þ:þ <0 mo W ->. W ->. CD->. CJ'10 0)0 00 00 o W N CD ".Þ. 0) CJ'1 o o c r (J) OZ O(J)(J)O(J)Q)o-ã: CD-I OIDCDIDO[IDCD ~"'C o :E ID 0- Q. UI ~:E -. "'1"1_ ~-oG)o-, n ..;:,...ID ::J ~ CD' ID .., ~ -0 Q) '^ ~ ("') '3-êCD~"C-o~ COz -- CD CD -0 (J) ::s CD - 2 (j) w......, ID..QCC-'O 0-. G)õ~3C:: .g'g O-::I: ID, (j) ID c:: 0 ::J 0 c' - -- G) CD ID -. CO;;o ,- W ID I -. CD ~ G) -=--- ¡;r i£ CD ro ~ No ID ID , o;:¡ -<........ -0 S' o.-m::T..... ID::JCDIDZ ::T- -'0-'--1 'ID Q.c:::þco > m 0 Q. 0 -. ID::T CDCD~r o CD :E ::T ,0 ;;0 " W WW ->. NNWWW -"NCD~N 0CJ'10CJ'1->' 00000 W -.. ~ o o W ->. ~ ~ o o o o o W WWW->. NN->.->.W O~OO->' 00000) OOOON W ~ CD o o o o W CJ'1 W W co ;Þ -I o -I > r > :s: o c Z -I W W N -.. CJ'1 o o o o :EO . < UI"'Cm cn>;;o 7"rr m:s:~ CfDJC ~("')("') -,,;CO (Ø ~ Z "(J) r-l W W co co W ->. o ~ 0) en c Z en ........en~ ¡j-lZ Ñcm oo>r w;;o> ëo,:-lz (Ø"C trc m en (j) Z ...",,; CDJ 0- rC r~ š:0 »f' z~ DJw m » n :I: "C » ;;c " íiì » en .:j 'T11\) OWen ;;cg-l - -I . ....."C~r tj-;;cc _mG)n ,þ.;;C_- mnzm ~.J11>n ~'T1»0 or<c owmz ,þ.z-l tac-< ~m n m OZ "C-I ~~ mr Cen .. m ~;;c ta< i\3õ om 2en Oct.25. 2004 3:46PM ~ OVERLAND CONSTRUCTION CO No.6352 ....I P, 1 :-: i OVERLAND CONSTRUCTION CO. 1360 WEST 53RD STREET WEST PALM BEACH, FL 33407 PHONE 561-683-3210 FAX 561-683-3219 FACSIMILE TRANSMITTAL SHEET Don Inman I'A'J!: NUMBBR: T724ó2-1704 FROM: Geotgc Airey DATE: October 25, 2004 'rù: t;ÖM1'ANY: St. Lucie County - Cehtt"'ù Services PHONE NUMBU: 772-216-0138 ToTAL No, c)F PACES INCLUDING covÉR: 2 .. SENDER'S 1U!!"l>RENC:¡;: NtlMUnR; .... YOUR RUJ7T:\RENCE NUMBBR: KE.: Dallman Beach Park - East B4e-dch Access - All Flat Work o lJRGÈN'r 0 FOR. RIWIEW 0 PLEAsn COMMENT 0 PLEASE REPLY D PLEASR RECYCLI£ NOTr,;;/COMMBNTS: Please disregard our fax dated 10/20/04 ahd our revised price. We will honor our original bíd price of $3Z7,500.00. Do hot hesimre to C3l1 uríth any questions or cl2rifiætions. Thanks, George - Page 1 of 1 ~ ~ Don McLam - Dollman Park (Beachside) East From: To: Date: Subject: Eleen K Swearingen Don McLam 9/15/2004 2: 18 PM DoHman Park (Beachside) East ~-~""-"-~~,,-,,.,~,,-------_.,,,--~--,.,.,-~,,-~. ~'"'-~----"~_··~_",,,_~_·o_~,·.__« Go ahead with the project without the bathrooms. The only money we have remaining is reserves and we do not wish to deplete on one project, since we may need them later. file:IIC: \Documents%20and %20S ettings \administrator\Local %20 Settings\ Temp \GW} 000... 10120/2004 , ~ AGENDA REQUEST ...".¡ ITEM NO. c.... - "7 DATE: NOV. 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: TECO BGA, INC. I NAME CHANGE BACKGROUND: Through Board approval St. Lucie County entered into Contract #C01-09-590 with TECO BGA, INC. whereby TECO BGA, INC. agreed to provide certain energy-saving services for the County. On January 21,2004, TECO BGA, INC. changed its name to BGA, INC., and BGA, INC. will continue to provide these energy-savings for the County under Contract #C01-09-590 as shown in "ACKNOWLEDGMENT OF BGA, INC. CONTRACT, attached for your review and approval. FUNDS AVAIL: N/A PREVIOUS ACTION: The Board of County Commissioners approved Change Order No.3 to Contract No. C01-09-590 with TECO BGA, Inc., January 6, 2004, Item No. c 3-b. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the "ACKNOWLEDGMENT OF BGA, INC. CONTRACT" and authorize the Chair to sign this Acknowledgment to allow for execution. MISSION ACTION: b(I APPROVED [] DENIED [ ] OTHER: Approved 5-0 , County Attorney: Originating Dept: ~ IJ..}- ~ ,JY -- erson ty Administrator Coordination/Signatures Mgt. & Budget: Purchasing Mgr,: Other: Other: Finance: (Check for Copy only, if Applicable) Eff, 1/97 H:\AGENDA\AGENDA REQUEST FORM.WPD , ~ '-' v ACKNOWLEDGMENT OF BGA, INC. CONTRACT THIS ACKNOWLEDGMENT is entered into this _ day of , 2004, between ST. LUCIE COUNTY, a political subdivision of the state of Florida, hereinafter called the "COUNTY," and BGA, INC. f/k/a TECO BGA, INC. WITNESSETH: WHEREAS, on September 21,2001, the COUNTY and TECO BGA, INe. entered into a contractual agreement ("Contract") whereby TECO BGA, INe. agreed to provide certain energy-saving services for the COUNTY; and WHEREAS, TECO BGA, INC. changed its name to BGA, INe., effective January 21,2004, and BGA, INe. continues to provide energy-saving services for the COUNTY under Contract. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the COUNTY and BGA, INe. hereby covenant and agree as follows: 1. BGA, WC hereby acknowledges that it is responsible for all duties, liabilities and obligations ofTECO BGA, INe. as set forth in Contract, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. 2. The COUNTY hereby approves such acknowledgment. 3. Effective Date. This Acknowledgment shall be effective as of October _, 2004. IN WITNESS WHEREOF, the COUNTY and BGA, INChave each caused this Acknowledgment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney WITNESSES: BGA, INC. By: AUTHORIZED REPRESENTATIVE Name: Title: bga..ack.doc 1 \r/ \w-. ~ AGENDA REQUEST ITEM NO. C- 8 " Novemh:' ( ;¿ DATE: .Dctober 2ð; 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: St. Lucie County INTERNATIONAL AIRPORT on Florida's Treasure Coast TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Reorganization - Airport Department Paul A. Phillips BACKGROUND: The existing Airport organizational structure is geared towards maintenance ofthe facility and does not account for the additional responsibilities and security requirements that have developed as a result of growth. Staff has proposed several changes to the Airport organization to more accurately reflect the changes to the Airport's mission. One of the proposed changes is in title only, while the other two changes are in title and job responsibility. Specifically the Airport Operations Manager position is being reclassified to Airport Manager, while the Airport Coordinator and the Operation Technician II are changes in title and job responsibility. The Coordinator and Operation Technician position changes provide for a transition from a maintenance based work force to an organization designed to coordinate airport operations with maintenance. These proposed changes will provide the airport additional flexibility when enforcing airport rules and regulations and responding to airport emergencies. The only change that will require financial consideration is the proposed Airport Coordinator position with provides for a change from a pay grade 15 hourly employee to a pay grade 16 salaried employee. The additional costs for the salaried employee will be more than offset by the current requirement to pay overtime. FUNDS AVAILABLE IN ACCT#: Funds of$2,408.35 are available in Airport salary account (140- 4210-512000-400). PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the job title change for Airport Manager, and title and responsibility changes for Airport Coordinator, and Operations Technician II positions requested for St. Lucie County International Airport. COMMISSION ACTION: MAP PROVED [ ]DENIED [ ] OTHER: Approved 5-0 ---J ìì (1\(::1 Purchasing Otlier: ,. '-' ~ $1. Lucie County INTERNATIONAL AIR on Florida's Treà'sure Coast STAFF REPORT from St. Lucie County International Airport To: Board of County Commissioners Paul A. Phillips, Airport Director October 19, 2004 Airport Department reorganization From: Date: Subject: As demonstrated in the Airport's Economic Development Strategic Plan approved by the Board in 2003, the Airport has evolved into a first-class general aviation facility. With this development comes a change in requirements and responsibility for Airport staff. Specifically, the Airport is expanding to include many diverse and varied items, including strategic planning and economic development, the proposed Airport West Commerce Park (A WCP), the Wings and Wheels Airshow, the proposed development of an Off-highway Vehicle (ORV) Park, and most recently FEMA coordinati on. The existing Airport organizational structure (depicted as attachment A) is geared towards maintenance of the facility and does not account for the additional responsibilities and security requirements that have developed as a result of growth. As result, staffhas proposed several changes to the Airport organization to more accurately reflect the changes to the Airport's mission. Most of the proposed changes are in title only. Two positions, specifically the Airport Coordinator and the Operation Technician IT are changes in title and responsibility. The following summarizes the proposed changes and costs for these changes. Current Title Proposed Justification Cost Title Airport Airport This position deals primarily with the day-to-day operations at $0 Operations Manager the Airport. This title change will provide this position with Manager the necessary authority to implement daily change at the Airport. Airport Airport This title and job responsibility change provides for a $2,450 Supervisor Coordinator transition from a maintenance based work force supervisor position to a position designed to coordinate airport operations with maintenance. This request will change the working maintenance foreman position into a professional position charged with oversight and coordination between operations and maintenance to ensure compliance with established rules and regulations. '-' ....I The additional costs for the salaried employee will be more than offset by the current requirement to pay overtime. This recommendation provides for a change from a pay grade 15 hourly employee to a pay grade 16 salaried employee. This will allow the airport additional flexibility when responding to airport emergencies. Airport Operations This title and job responsibility change is necessary to $0 Technician II Technician II establish operational oversight in the field. This position maintains operational conditions and insures compliance with established rules, regulations, policies, procedures and contractual tenant leasehold requirements. If you have any questions orrequire any additional information, please do not hesitate to contact me. ~ ~ ~ s ~ ~ ~ Q t o ~ .~ < L- o rn- c..U .- Q) = .!::: £0 a..t - 0 :J c.. ro L- a..:¿ () bC) ê ...c: u >. ... .- ..... .- ..0 .~ S § 0 Ar.t:: U) () ..; ..0 o '--' ~ () ..... ... ~ '-" --- Q () ro S "æ '€ U) () o :> ..; ... 0 o () .~ bC) ~ ê &-5 ;:j 0 CI1 ... "§ ~ d) e- ~ ~ .- () 0 -< ::: ~ () M..o 0= ~~ .~ ~~ ,--_._.~~. ~ ro - = ~ Q) U 3: Q) °en a. Q) Q) .~ .- - -C :J W U Q) >< w -- >. ""2 o () bC) ~ ...c: u () ..... ... .- ~ ..; () bC) ro '"0 ê ~ ~ '5 U) cr' ::: () o ..; S .- bC) o ~ ::: ,1-! ..; ._ '1-< () '"0 A ::: 0<-2 "§i e- .- -< - I:: _ -roM Q) ~ 'u ...... U -C .- Q) I:: I::I::-cro :J£rol:: LLUL-Q) -Q)<.9ë ~ '- -ct >-ro Q)oro:E '- c.. a. _ LL L- :¿ L- Q) U_ .- -c :t=Q) 0-c L- - I:: Q) I:: :J -Q)LL rnE_ .!: Q) Q) LL1;iE «.a~ «t Q) ro .!Q a.. o Z () bC) ê ...c: u Þ .- ..... :..õ .- U) ::: o A U) () ..; ..0 o '--' ~'"O ~ () ~ .= .- ;:j u cr' .- () s .ê ~ o áS ::: r.t::~~ 1:: ::: o <-2 e- 0 :¿z ~ () ..... ... ~ ....", - -c - Q) I::-C -rol::- -C .- :J ~ Q) ,~ LL I:: -Cl::-ro 1::£...... I:: :JU......Q) LLQ) _ -~ Q) I:: -C -C '- Q)troro -OL-:E :: c.. <.9 _ LL L- .- >- « ro a. "" ......, Airport Coordinator JOB CODE PAY GRADE 16 SALARY $29,865.06 - $45,911.63 Major Function The position is responsible to supervise the operations and maintenance areas in the dynamic environment of a county-owned airport with a considerable amount of public contact. This leadership position is responsibility for overseeing and coordinating resources and implementing work procedures to ensure a safe, efficient and secure environment for passengers, airport personnel, vehicles, equipment and the movement of aircraft within established airport policies and procedures, and Federal, State and Local regulations. Duties may include working shifts, including holidays and weekends. Work requires verbal and written communication with employees, airport users, tenants, federal, state, local government and other agencies. Essential Job Functions Lead worker, maintains awareness of operational conditions, evaluates and responds to the needs of the airport users to ensure the expeditious transition of public movement. Coordinates the work of employees engaged in the day-to-day monitoring and coordination of operations and maintenance in specific functional areas of the airport, to ensure compliance with established rules, regulations, policies, procedures and contractual tenant leasehold requirements. '-' ...., Coordinates initial response to airport emergencies as an integral component of the "Incident Command" structure, and interacts with command level personnel of responding police, fire and federal agencies to ensure proper handling of airport responsibilities. Ensures that inspections and monitoring of airport areas for maintenance, housekeeping, aesthetics, safety, security and general conditions are carried out and appropriate actions are taken. Updates appropriate manuals, plans and policies to ensure a safe and secure environment in compliance with federal, state and local policies, procedures and regulations. Ensures the proper control of persons and vehicles in restricted access areas of the airport. Analyzes chronological event records of all routine and emergency operations using statistical data, pertaining to safety, security, and various operational activities. Oversees the collection, recording and dissemination of information on airport operational conditions, status of construction in progress, and other pertinent airport activities. Coordinates airport activities in the event of an emergency. Oversees all airport inspections in accordance with Federal, State and Local regulations. Interprets specialized reports for operations and audit purposes. Operates and maintains county-owned vehicles, in an airport environment including responding to emergency situations. Performs related work as required. '-" ~ Knowledge, Abilities and Skills needed to Perform the Essential Job Functions of the Position Knowledge of the principles and practices of public and business administration. Knowledge of a general aviation airport environment and FAR 139 and 77. Knowledge of incident command practices and procedures. Knowledge and familiarization of all airport areas, including tenants, and their functions. Knowledge of Safety and Security regulations pertinent to the airport and work performed including TSA, FAA, and Customs. Ability to interact with command level personnel of police, fire and federal agencies. Ability to coordinate the work of a small staff of employees performing maintenance and operational functions in a manner conducive to full performance and high moral. Ability to exercise effective judgment and discretion in establishing, applying and interpreting policies and procedures. Ability to assist in the implementation of administrative programs and procedures and evaluate their effectiveness. Ability to develop, maintain and analyze records, reports and inventory. Ability to communicate effectively both orally and in writing. Ability to supervise the work of others. Ability to detect, report and/or correct hazardous conditions. Ability to perform work effectively with minimum supervision. '--' ~ Ability to pass background check as required by appropriate governmental agencies. Ability to physically access remote and/or cramped airport areas, occasionally in adverse weather, and under emergency and stressful conditions. Ability to serve the public and fellow employees with honesty and integrity. Ability to establish and maintain effective working relationships with the tenants, general public, co-workers, governmental agencies, elected and appointed officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex, disability or political affiliation. Minimum Education and Experience Graduate of an accredited four year college or university with major course work in airport management or related field; and experience in Airside operations; or any equivalent combination of training and/or experience. Necessary Special Requirements Possession of an appropriate Florida State License for equipment operated and any license, training or certification required by law or regulation to complete assigned tasks. Must be able to pass FAA and Customs background checks and satisfy all requirements to acquire and maintain FAA security requirements and Customs Area security clearance. Specialized airport operations, safety/security and maintenance training may be necessary and may be required to travel for training. Mental and Physical Skills While performing the duties of this job, the employee is regularly required to use hands and fingers to hold or feel, reach with hands and arms, walk, talk, smell and hear. ~ """ The employee is occasionally required to stand, sit, climb, balance, stoop, crouch, and crawl. Must be able to differentiate between colors and shades of color and must have close , distance, depth, night and peripheral vision. Frequent lifting and/or moving material up to 50 pounds and occasionally lifting and/ or moving materials up to 100 pounds. Work Environment An employee in this job is frequently exposed to outside weather conditions, exposed to wet and/or humid conditions, toxic or caustic chemicals, and has a risk of electrical shock. The noise level in the work environment may be loud. This description is not intended to be, nor should it be construed as an all-inclusive list of responsibilities, skills or working conditions associated with the position. It is intended to accurately reflect the activities and requirements of the position, and duties may be added, deleted, or modified as necessary. This description does not constitute a written or implied contract of employment. '-" ...." Airport Operations Technician II JOB CODE PAY GRADE 13 SALARY $12.13 - $18.49 Major Function This is specialized, independent operations work involving a considerable amount of public contact in the dynamic environment of a county-owned airport. Work involves ensuring a safe, efficient and secure environment for passengers, airport personnel, vehicles, equipment and the movement of aircraft within established airport policies and procedures and FAA regulations. Duties may include working shifts, including holidays and weekends. Work requires communication with airport users, tenants, federal, state, local government and other agencies. Duties may also involve acting as a lead agent on behalf of the Aviation Department. Essential Job Functions Maintains awareness of operational conditions and responds to the needs of the airport users to ensure the expeditious transition of public movement. Monitors and assists in the coordination of proper operation of specific functional areas of the airport to ensure compliance with established rules, regulations, policies and procedures and contractual tenant leasehold requirements. Responds to airport incidents and accidents making necessary notifications. Assumes duties of the Airport Coordinator when absent. '-' """ Inspects and monitors airport equipment and facilities for maintenance, housekeeping, aesthetics, safety, security and general conditions; taking appropriate action when necessary to rectify unsuitable conditions. Provides information, direction and assistance regarding the use of airport facilities and airport tenants and users. Conducts and/or coordinates escorts/tours within both public and secured airport areas. Monitors airside vehicle traffic for compliance with the Airfield Driving Regulations and or program. Ensures the proper control of persons and vehicles in restricted access areas of the airport. Collects, records and compiles information for statistical data on routine and emergency airport conditions relating to safety and security, as well as various operational activities. Collects, records and disseminates information on airport operational conditions, status of construction in progress, and other pertinent airport activities. Monitors, assists and reports on the control of all aspects of airport conditions and makes proper notifications. Performs daily airfield inspections in accordance with FAA Guidelines. Produces specialized reports for operational and audit purposes. Operates and maintains county-owned vehicles. Maintains landside and airside surface areas of the airport in a safe/secure condition by inspections in accordance with FAR 139 and operating sweeping equipment. Performs related work as required. 2 '-' .~ Knowledge, Abilities and Skills needed to Perform the Essential Job Functions of the Position Knowledge of a general aviation airport environment. Knowledge of incident command practices and procedures. Knowledge and familiarization of all airport areas, including those of tenants and their functions. Knowledge of the safety and security regulations pertinent to the airport and work p Ability to collect information and maintain records, reports and inventory. Ability to communicate effectively both orally and in writing. Ability to detect, report and/or correct hazardous conditions. Ability to perform work effectively with minimum supervision. Ability to pass background check as required by appropriate governmental authority. Ability to physically access remote and/or cramped airport areas, occasionally in adverse weather, and under emergency and stressful conditions. Ability to serve the public and fellow employees with honesty and integrity. Ability to establish and maintain effective working relationships with the general public, co-workers, governmental agencies, elected and appointed officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex, disability or political affiliation. 3 '-' '-' Minimum Education and Experience Completion of two years of college level course work in Airport Management, Aeronautical Science or related field; and experience in Airside operations; or any equivalent combination of training and/or experience. An equivalent combination of education, training and experience that provides the required knowledge, skills and abilities may be substituted for the education requirement at the discretion of the Aviation Director. Necessary Special Requirements Possession of an appropriate Florida State License for equipment operated and any license, training or certification required by law or regulation to complete assigned tasks. Must be able to pass FAA and Customs background checks and satisfy all requirements to acquire and maintain FAA security requirements and Customs Area security clearance. Specialized airport operations, safety/security and maintenance training may be necessary and may be required to travel for training. Mental and Physical Skills While performing the duties of this job, the employee is regularly required to use hands and fingers to hold or feel, reach with hands and arms, walk, talk, smell and hear. The employee is occasionally required to stand, sit, climb, balance, stoop, crouch, and crawl. 4 '-' ~ Must be able to differentiate between colors and shades of color and must have close, distance, depth, night and peripheral vision. 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C9 DATE: November 2,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMmED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: 9G-19 Grant. County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA). BACKGROUND: Base Grant provided by the Department of Community Affairs, Division of Emergency Management. Agreement Number 05BG-04-10-66-01- Amount of Grant is $102,959.00 less $2,847.00 for State of Florida Communication Services. The Revenue was included in the Budget for Fiscal Year 2004-2005. FUNDS WILL BE AVAILABLE: 001294-2510-334202-200 (EMPA Trust Fund) PREVIOUS ACTION: Already included in Emergency Management Budget approved during Budget ~" Workshops in July RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Agreement #05BG-04-10-66-01- along with Resolution #04-317 and heave the Chairman to sign. COMMISSION ACTION: ~; APPROVED [ ] DENIED r] OTHER: Approved 5-0 ./ Dou a erson County Administrator County Attorney: 91/ J Review and ADDrovals Management & Budget t~ ~ìr~ Other: Purchasing: other: Finance: (Chec r Copy only, if applicable) Eff. 5/96 \..f -' RESOLUTION NO. 04-317 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Florida Department of Com m unity Affairs in the amount of $1 00,112 for the Fiscal Year 2005 Emergency Management Preparedness and Assistance Grant used by the St. Lucie County Public Safety Department. WHEREAS, Section 129.06 (d), Florida Statutes, requ ires the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of November, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fISCal year 2003-2004, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001294-2510-334202-200 Florida Department of Community Affairs $100,112 APPROPRIATIONS 001294-2510-599330-200 Project Reserve $100,112 After motion and second the vote on this resolution was as follows: ~. Commissioner Paula A. Lewis, Chairperson XXX Commissioner John D. Bruhn, VICe Chairperson XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED THIS 2nd DAY OF NOVEMBER, 2004. \ ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: ." CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' J ~ ~ -_. - - ....".-,..".;-. _ _~..> ~O_._ ,>,,'.' ,,~......,"'."".,..~~~:..._~.""'...,........,"'_ ST. LUCIE COUNTY PUBLIC SAFETY To: St. Lucie Board of County Commissioners From: Jack T. Southard, Public Safety Director9::1 Date: October 27, 2004 Ref: County Emergency Management Preparedness and Assistance Trust Fund Base Grant (EMPA) This Agreement ~ provided by the State of Florida, Department of Community Affairs in the amount of$102,959.00 less $2,847.00 for State of Florida Communication Services. Funds will be used for emergency response, preparedness and hurricane exercises. \ .~ '.,,,,,.. ,f . .t- '-" ., Agreement Number: OSBG-04-10-66-01-_ CSFA Number: 52008 CFDA Number: 97,042 STATE AND FEDERALLY FUNDED SUB GRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and ST. LUCIE COUNTY County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget, Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. If· ,f '-" .., (3) PERIOD OF AGREEMENT This Agreement shall begin October 1,2004 and shall end September 30, 2005, unless tenninated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. Notwithstanding the foregoing, any ,budget changes which do not increase the overall cost of the project or change the Scope of Work do not require a written modification to this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's perfonnance under this Agreement shall be subject to the federal "Common Rule: Unifonn Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-I10, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-2I, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2 (b) The Recipient shall retain sufficient records demonstrating its compliance with the tenns of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. 2 !f .. t "-' ...., (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget, Attachment A, and Scope of Work - Attachments B and B-1, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and ageñts. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include but not be limited to, auditors retained by the Department. -(6) AUDIT REQUIREMENTS For Federal Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-l33, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-l33, as revised. EXHIBIT I to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-l33, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-l33, as revised. 3 !i f '-' "" If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and . elects to have an audit conducted in accordance with the provisions of OMB Circular A-I33, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies ofreporting packages for audits conducted in accordance with OMB Circular A-l33, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-l33, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-l33, as revised. (t) pursuant to Section .320 (t), OMB Circular A-B3, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: 4 t í ,. t \..; ...." Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Managèment Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-B3 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IP A) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. For State Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, 5 t f f '-' ....., or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean nonnal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Florida Statutes, it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single orproject-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In detennining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6( d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $500,000 instate financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities (e) Report Submission 1. The arumal financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 6 f . t. '-" ..., 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services - 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department ofComrnunity Affairs Division of Emergency Management Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. 7 f t ~ ...., (g) The Recipient shall have all audits completed in accordance with Section 215.97, Florida Statutes by an independent certified public accountant (IP A) who shall either bea certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable provisions noted above. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly financial reports, and with a close-out report. Semi-annual and end of year reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. (b) Quarterly [mancial reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are December 31, March 31, June 30 and September 30. (c) The close-out report is due 45 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from ftmds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment B and B-1 to this Agreement, and reported in the semi-annual and end of year progress reports. 8 , '-' ~ In addition to reviews of audits conducted in accordance with OMB Circular A-133 as , revised and Section 215.97, Florida Statutes (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures, By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. -(9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florida Statutes. the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28 Florida Statutes. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 9 If f '-" ..." (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situatiòn is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 10 t. '-' ..." (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or_otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. -(12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the 11 T ~ ...., representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement 1S: Dee Giles, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: (850) 413-9940 Fax: (850) 488-7842 Email: dee.giles(a)dca.state.fl.us (c) the name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Telephone: Fax: Email: (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts anY or all of the work required under this Agreement, a COpy of the executed subcontract must be forwarded to the Department for review within ten (10) days of execution. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the semi- annual and end of year progress reports submitted by the Recipient. 12 ~ 'wi For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the tenns and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to-the extent of such conflict or inconsistency. (c) This Agreement has the following attachments Exhibit 1 - Funding Sources Attachment A - Budget Attachment B and B-1 - Scope of Work Attachment C - Program Statutes, Regulations, and Program Requirements Attachment D - Reports Attachment E - Justification of Advance Attachment F - Warranties and Representations Attachment G - Certification Regarding Debarment Attachment H - Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory perfonnance of work hereunder in an amount not to exceed $102,959 subject to the availability of funds (b) By its execution of this Agreement, the Recipient authorizes the Department to deduct the appropriate costs of the recurring charges for the satellite communications Service from the allocation provided to Recipient under Rule 9G-19.005(3), Florida Administrative Code. The deduction is $2,847 for twelve months. (c) Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statutes, and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract tenn. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, 13 ~ "WII A-II0, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be . included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (d) After the initial advance, if any, payment shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Department for exceptional circumstances. An explanation of the exceptional circUl115tances must accompany the request for reimbursement. The Recipient agrees to expend funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachment Band' B-1 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall tenninate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests received after November 1,2005, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. Changes to the amount of funding to be provided may be accomplished by notice from the Department to the Recipient, in the fonn of certified mail, return receipt requested. The Department may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above if authorized. Should the Recipient detennine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The tenns of this Agreement shall be considered to have been modified to include the additional funds upon the Department's receipt of the written notice of acceptance and receipt of a búdget fonn which details the proposed expenditure of the additional funds. The budget fonn will be provided by the Department when the offer of additional funds is made. 14 "-' ..." All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Department that are not expended in implementing this program shall be returned to the Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise pennitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be detennined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient dollar for ~ from non-federal funds. Should the Recipient wish to carry forward into the fiscal year beginning October 1, 2005 any unspent funds awarded under this Agreement, the Recipient must request such carry forward of funds in writing with accompanying documentation detailing the exceptional circumstances requiring the need to the Department by June 30, 2005. At the Division's discretion, an amount not to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried forward under this Agreement. Failure to timely submit infonnation, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the Recipient's base Agreement for the following year. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. 15 ~ ...." All payments relating to the Agreement shall be mailed to the following address: \ (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made pãyable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215 .34(2), Florida Statutes. if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS Pursuant to Section 215.422, Florida Statutes. the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florida Statutes. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, 16 it. t ,,-. ..., representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the tennination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. ( c) Any power of approval or disapproval granted to the Department under the tenns of this Agreement shall survive the tenns and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone òf which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 V.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perfonn work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 17 ". '-" '-' 1. are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. ofthis certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. G) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. (1) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 18 t ' '-' ..."" (n) The State of Florida 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 D.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")). The Department 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 Department. (0) This Agreement may not be renewed or extended. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection , with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any . 19 ~ . \w' ...." . person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRiGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance ofthis Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. ( c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 20 'V . " \w ..."" (24) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. l}{WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: ,. ,j ... ~, " County BY: Name and title: Date: FID# STATE OF FLORlDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: W. Craig FU2:ate, Director Date: 21 \' '-' ...,.¡ EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREElVIENT CONSIST OF THE FOLLOWING: Federal Program -0- (Federal funds will be awarded at a later date) COl\1PLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable at this time. Federal funds will be awarded at a later date within this contract year. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORlDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Department of Community Affairs Catalog of State Financial Assistance Title: Emergencv Management Programs Catalog of State Financial Assistance Number: 52008 State Grant Amount: $105,806 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. 22 , \w "'WI Attachment A Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMP A) State portion of this sub grant only (Paragraph (17)(a), FUNDING/ CONSIDERATION). A separate budget form for the Emergencv Management Performance Grant (EMPG) portion of this subgrant will be provided when funds are awarded bv the Department. CategorY Anticipated Expenditure Amount Salaries/Fringe Benefits $ Other Personal Services $ Expenses $ Operating Capital Outlay $ Fixed Capital Outlay $ Total State Funds (page 13) $ 23 I' , '-' ...., Attachment B and B-1 Scope of Work BaSe Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G- 6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Department and attached hereto as Attachment B-1. Subsequent revisions during the term of this Agreement shall done by written modification in accordance with Paragraph (4) of this Agreement. 24 ~ ...., Attachment C Program Statutes, Regulations, and Program Requirements ProQram Statutes 1. Chapter 252, Florida Statutes 2. Rule Chapters 9G-6, 9G-ll, 9G-19 and 9G-20, Florida Administrative Code 3. Chapter 215.97, Florida Statutes 4. Chapter 287, Florida Statutes 5. Chapter 119, Florida Statutes 6. -Chapter 112, Florida Statutes 7. OMB Circular A-87 8. OMB Circular A-133 9. 48 CFR, Part 31 Program Requirements (1) EQUIPMENT AND PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station® and related equipment (hereinafter "the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the State ofF10rida LeaselPurchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. (URNS"), and the Department, (a copy of which is available from the Department) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Flo~ida, dated January 1995, (a copy of which is available from the Department) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Department, the Recipient and other sites. In particular, the Recipient agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Department's State Warning Point (SWP) (850) 413- 9910. B. That the Recipient will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. 25 · , '> .' \w ...., C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. D, That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will arrange pennitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and perfonning work relat-ed to the Equipment. Service representatives and others perfonning said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except nonnal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. 26 ,. ~ (. '-r ...., F. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Department to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) CQPY or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the Recipient by the Department under this Agreement, or from any cause other than intended and ordinary use. 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. The Recipient shall be independently responsible for any and all charges not part of the initial service order. 27 · ;; '-' ..., (2) NA WAS In the event the Recipient desires to continue use of the National Warning System (NA WAS) line, then the Recipient shall assume all operational and fiscal responsibility for the NA W AS line and equipment in the County. (3) VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Department has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMP A) Base Grant expenditures. (4) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-I 02 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMP A funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMP A funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such 28 ,,<' . '-" '..I expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain - a full-time Director consistent with Rule 9G-19.002(6), Florida Administrative Code. (6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient, shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Department. (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. ( c) Food and beverages may be purchased for Emergency Management personnel and other personnel only if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving foodlbeverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38, Florida Statutes. 29 i., '-' ...." Attachment D Reports A. The Recipient shall provide the Department with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be prõvided by the Department. B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter ofthe program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due forty-five (45) days after termination of this Agreement. D. In addition to the above, in order to ensure compliance with Rule 9G-19.0 11, Florida Administrative Code, historical budgetary information relating to the Recipient's Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Department not later than December 31,2004. The Historical Information form must be prepared and signed bvan official of the County's Finance Office. E. In a format provided by the Department, a proposed staffing summary shall be submitted to the Department not later than December 31, 2004. F. If all required reports prescribed above are not provided to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (9), and Rule 9G-19.0 14, Florida Administrative Code. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles, 'u guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. H. All report formats provided by the Department shall be made available to the Recipient on the Division's Internet site and a hard cOpy will be mailed with a fully executed cop v ofthe A!Zreement. 30 .' v '-' -..,,¡/ Attachment E JUSTIFICATION OF ADVANCE PAYMENT .ecipient: ndicate by. checking one o.f the boxes below, ify?uare requesting an advance; If an. a.dvance paym~nt is requested; budge! ata on which the request IS based must be submitted. Any advance payment under thIs Aareement IS subject to s. . 16.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the ecipient within the initial three months. [ ] ADVANCE REQUESTED [ ] NO ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) FFY 2002 (B) FFY 2003 (C) FFY 2004 (D) Total DESCRIPTION 1 2 3 IS MAXIMUM ADVANCE ALLOWED CALULATION: x S Cell D3 EMPA Award (Do not include match) = MAXIMUM ADVANCE REOUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous EMP A contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. . 31 "' v ~ .., Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY - 2004-2005 Anticipated Expenditures for First Three Months of Contract Salaries/OPS Program Expenses TOTAL EXPENSES Explanation of Circumstances 32 . ¡¡ '-' ..""" Attachment F Warranties and Representations ::ïnancial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program -- (2) Records that identify adequately the source and application offunds for all activities. These records shall contain infonnation pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment Whenever appropriate, financial infonnation should be related to perfonnance and unit cost data. . (5) Written procedures for detennining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the tenns and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor perfonnance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth aJl requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the perfonnance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the finn selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of 33 " I.: . . ~ ....., nonetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to Je applied for violations of such standards by officers, employees, or agents of the recipient. ~icensin!Z and Pennitting 1.11 subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the Jarticular work for which they are hired by the Recipient. 34 .. L ~ ...., Attachment G Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission oftrus document, that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where-the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 35 ~, t:. \,. ,-,. ~ ATTACHMENT H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-2l, A-II 0, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. ,4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EP A) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EP A Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EP A. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 36 - 4-' '-A 'è '-" ..." 9. It will assist the Federal grantor agency in its compliance with Section 1 06 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the NationaL Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor. agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable F ederallaws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality ofIdentifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, NondiscriminationÆqual Employment Opportunity Policies and ,Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and . Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 37 .... 4t ... '- ....", 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 38 ITEM NO. ~ DATE: 11/2/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Approval of Bid Waiver and Ratification of Emergency Purchases 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. and September 24, 2004 at 9:00 A.M., (2) Approve the waiver of sealed bids as a result of the declared emergency, (3) Ratify the County Administrator's approval of the list of emergency purchases, and authorize the Chairman to sign contracts as prepared by the County Attorney. COMMISSION ACTION: G ANDERSON COUNTY ADMINISTRATOR ao APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) Jr Coord ination/S iqnatu res Originating Dept. ( ) Mgt. & Budget ( ) Other ( ) Purchasing (X) ~../-1 u 6;/ v Other ( ) finance: (check for copy, only if applicable)_ BOARD OF COl~iY ~ COMMISSIONERS ...", PURCHASING DEPARTMENT Ed Parker Director .. MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director Q (' From: Date: October 27, 2004 Re: Approval of Bid Waiver and Ratification of Emergency Purchases 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 Hurricanes Frances and Jeanne since last Board approval to date. Further background information and details on these purchases are available at the Purchasing Department. October 27, ~ .."" Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane Frances and Jeanne o 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. and September 24,2004 at 9:00 A.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 and authorize the Chairman to sign contracts as prepared by the County Attorney. Respectfully submitted, /iÛ J b//~~ \ Ed Parker Purchasing Director ~ ...I '. AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR. WAIVING PURCHASING PROCEDURES FOR CERTAIN EMERGENCY PURCHASES .(HURRICANE FRANCES) WHEREAS, the St. Lùcie 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 ce,rtain 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 therèof 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 (t;opy attached) for and on behalf of. the Board of. County Commissioners during the tèrm 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 $afety 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 S1. 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 deIay~d by the amount of time required to obtain competitive bidding. Such purchases shall require the written approva( of the County Administrator and subsequent ratification by the Board of County Commissioners. thë Circuit Court and delivered to the appropriate news media for publication and radio arid' 2. , This Order shall, as pfOmptly as practicable, be filed in the office of the Clerk of television broadcast thereof. lid Signed this ~ day of September, 2004, at a,m. . Anderson Co nty dministrator St. Lucie County ~ ~ AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR WAIVING PURCHASING PROCEDURES FOR CERTAJN EMERGENCY PURCHASES {HURRICANE JEANNE} 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 Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. On September 24, 2004, at 7':00, a.m., the St. Lucie County PUblic Safety Director declared a state of lOcal emergency which state of emergency has been extended to October 7, 2004. 5. ' In orçier to respond to such emergency, upon this declaration, the County Adminis1rator 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 Hurr)cane Jeanne, there exist clear and present threats to life and public health and safety as we'¡ 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 24, 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 improved public and private property which cannot be delayed by the amount of time and services necessary to remove an immediate' threat to human life, public health and safety, required to obtain competitive bidding. Such purchases shall' require the written approval of the County Administr-ator 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 and television broadcast thereof. Signed thi~ day of September, 2004, 'at~Æ-. - s . Andersõn Coun Administrator St. Lucie County BOARD OF '-' COUNTY COMMISSIONERS ~RCHASING DEPARTMENT ED PARKER, DIRECTOR EMERGENCY PURCHASE ORDERS FOR HURRICANE FRANCES 10/27/04 PAGE 1 P.O. # DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT TROUBLESHOOT SECURITY SYSTEM, CLEAR ALARM MEMORY P2413490 AGRICULTURE 1ST FIRE & SECURITY AND RESET 75,00 P2510504 AGRICULTURE SULLlVANS TREE SERVICE TREE TRIMMING/REMOVAL 2,800,00 2,875.00 P2413492 CENTRAL SERVICES HOWELL OIL DIESEL FUEL 8,631,19 RE-ROOF AGAPE BLDG" 809 N, 9 P2510436 CENTRAL SERVICES J, A TAYLOR ROOFING ST" FT, PIERCE 16,500,00 FURNISH/INSTALL (1) 30HP MOTOR - STATE ATTY, II BLDG" FURNISHIINSTALL (1) NEW DOOR OPERATOR BOARD - WEST P2510457 CENTRAL SERVICES GENERAL ELEVATOR ELEVATOR IN COURTHOUSE 2,762.50 TEMP ROOF REPAIRS - P2510469 CENTRAL SERVICES J, A TAYLOR ROOFING COURTHOUSE ANNEX 4,900.00 32,793,69 P2510431 CLERK OF COURT ARNOFF EMERGENCY MOVE - 10/7, 8/2004 2,600,00 EMERGENCY MOVE - P2510456 CLERK OF COURT ARNOFF 10/11,12,13,14,15/2004 7,275,00 9,875,00 (2) 30" X l' ALUM. BANDS W/ANGLE P2510512 MOSQUITO CONTROl SOUTHERN CULVERT IRON 120,00 P2510513 MOSQUITO CONTROl METAL CULVERTS, INC, (2) CAP 30" DIA X 50'1, 14 GAGE 1,680,00 (280') PIPE, (7) COUPLINGS, (14) P2510514 MOSQUITO CONTROl ADVANCED DRAINAGE SYS, GASKETS 2,850,12 RENTAL - (1) BACKHOE, P2510515 MOSQUITO CONTROl NATIONS RENT MOBILIZATION FEE 4,005.00 8,655,12 CORDLESS PHONE & HEADSET FOR GIS/FEMAlUS ARMY CORPS P2510483 GROWTH MGMT. BELL SOUTH OF ENG. DISASTER RELIEF 625,00 625,00 3200 FT, OF FENCE CAP - LAWNWOOD COMPLEX - P2510397 PARKS & REC, BEACON ATHLETICS BASEBALL 2,169,00 (4) 8' X 800' - WINDSCREEN - P2510402 PARKS & REC, C & H BASEBALL LAWNWOOD COMPLEX 13,904.00 (4) 10' X 30' - WINDSCREEN - ELK'S P2510432 PARKS & REC, BEACON ATHLÈTICS PARK 696,00 (30) 6' x 52" - WINDSCREEN - LAWNWOOD COMPLEX - P2510433 PARKS & REC, BEACON ATHLETICS SOFTBALL 4,134,00 1560 FT, OF FENCE CAP - LAWNWOOD COMPLEX - P2510434 PARKS & REC. BEACON ATHLETICS SOFTBALL 1,218,00 (21) 8" GUARD RAIL PADS - LAWNWOOD COMPLEX - BATTING P2510435 PARKS & REC, C & H BASEBALL CAGES 1,257,00 (4) FIELD TARPS 26' HOME PLATE - LAWNWOOD COMPLEX - FIELDS 1- P2510460 PARKS & REC, MASA 4 1,408,18 (1) PAIR SOCCER GOALS - P2510461 PARKS & REC, BSN/P ASSON'S/GSC/CONLI N LAKEWOOD PARK 650,00 (4) FIELD TARPS - PITCHER'S MOUNDS - LAWNWOOD BASEBALL P2510463 PARKS & REC, BEACON ATHLETICS FIELDS 1-4 700,00 (2) SCOREBOARDS - LAWNWOOD P2510464 PARKS & REC, COLLEGIATE PACIFIC COMPLEX - BASEBALL 7,990,00 ADD'L, DAMAGE UNCOVERED THAT WAS NOT READILY APPARENT UPON INITIAL DAMAGE ASSESSMENT - MAINTENANCE P2510472 PARKS & REC, EE & G ASBESTOS SURVEY SHOP - FAIRWINDS 20,000,00 54,126,18 BALANCE FORWARDED: 108,949,99 108,949,99 - - -- BOARD OF \w' COUNTY COMMISSIONERS ~RCHASING DEPARTMENT ED PARKER, DIRECTOR . 10/27/2004 PAGE 2 FRANCES BALANCE FORWARDED: 108,949.99 108,949.99 P.O. # DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT 911 TOWER WORK AT PSL HIGH P2510518 PUBLIC SAFETY DAVES COMM, SCHOOL 400,00 400,00 P2510478 UTILITIES DEBRIS REMOVAL AT LAKEWOOD PARK WASTEWATER TREATMENT G & R LAND DEVELOPMENT, INC. PLANT DEBRIS REMOVAL AT HOLIDAY PINES WASTEWATER TREATMENT G & R LAND DEVELOPMENT, INC, PLANT 6,820,00 . P2510479 UTILITIES 9,450,00 16,270,00 TOTAL PURCHASE FRANCES 125,619.99 125,619.99 EMERGENCYPURCHA5EORDER5FORHUR~CANEJEANNE P.O. # DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT REPAIR TO SECTION OF SECURITY FENCING BETWEEN WOMEN'S P2510403 CENTRAL SERVICES CENTEX ROONEY HOUSING UNIT & MEDICAL BLDG, 4,600,30 4,600,30 (2) REMOVE/RE-INSTALL SECURITY P2510490 LIBRARY 3M GATES 3,000,00 3,000,00 PICK UP FORKLIFT AT DIST. SITE (INDRIO ROAD PLAZA) STORE OVERNIGHT AND DELIVER TO P2510519 PUBLIC SAFETY KAUFF'S TOWING NATIONS RENTAL 175,50 (1) 3VOL T & 9 VOLT BATTERY FOR P2510520 PUBLIC SAFETY DAVES COMM. 800 MHZ DUI'S 271,00 RENTAL OF VAN, FORKLIFT, & TRAILER FOR DIST, OF WATER, P2510517 PUBLIC SAFETY RYDER TRUCK RENTAL INC, FOOD, & ICE 1,704,00 2,150,50 TOTAL PURCHASES - JEANNE 9,750.80 9,750,80 FRANCES 125,619.99 JEANNE 9,750.80 TOTAL TO BOARD: 11/02/04 135,370.79 TO BOARD: 10/05/04 - PO'S - FRANCES TO BOARD: 10/05/04· CREDIT CARD STATEMENT - FRANCES TO BOARD: 10/12/04 - PO'S - FRANCES TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 10/26/04· PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 11/02/04 - PO'S.· FRANCES 24,870,890.27 188,462.70 877,545.68 942,831.71 125,799.29 125,619.99 TOTAL FRANCES TO DATE: 27,131,149.64 TO BOARD: 10/12/04 - PO'S - JEANNE TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 10/26/04 - PO'S & CREDIT CARD PURCH.· JEANNE TO BOARD: 11/02/04 - PO'S - JEANNE 548,078.39 252,234.83 497,017.14 9,750.80 1,307,081.16 TOTAL JEANNE TO DATE: TOTAL HURRICANE EXPENSES TO DATE: 28,438,230.80 .. ~ '-' ,.., ITEM NO. C-11 DATE: Nov. 2, 2004 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS pëtL P.M. Bowers Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff requests approval of a proposal from Greenberg Traurig for consulting services for the consolidation of the Holiday Pines Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport System and the Central County Utility System into a single utility system in the amount of $90,000.00. FUNDS AVAILABLE: Funds to be made available 471-3600-531000-300 Professional Services PREVIOUS ACTION: Board of County Commissioners approved continuing contract #C03-05-323. RECOMMENDATION: Staff recommends Board approve a proposal from Greenberg Traurig for consulting services for the consolidation ofthp. Holiday Pinp.~ Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport System and the Central County Utility System into a single utility system in the amount of $90,000.00. Subject to contract preparation and approval by the county attorney. COMMISSION ACTION: )(APPROVED D DENIED D OTHER: Approved 5-0 C~NCE: ~ãSAi1dërson County Administrator ¡(county Attorney: ~ ~iginating Dept: Ý Review and Approvals ~nagement and Budget: UtJ f11/(1 07 ~ Purchasing: Other: Other: ) Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 .. . '-' ...., UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Utility Director~ TO: DATE: November 2,2004 RE: Greenberg Traurig Consolidation Proposal BACKGROUND: This proposal includes preparation of an Add-Bonds Test for consolidation of outstanding financings, preparation of a Feasibility Pro Forma for Credit Enhancers, preparation of consolidated and equalized rates, fees and charges and uniform policies and procedures, preparation of consolidation/transfer documentation, and meetings with bond counsel, financial adviser and underwriters re-consolidation. Compensation for this proposal will be in a lump sum amount of $19,500 for Howard C. Osterman, Inc., $52,000 for Greenberg Traurig, P.A., and $18,500 for Anthony L. Elia, Inc. payable by invoice as services are provided up to the amount of the lump sum. RECOMMENDATION: Staff recommends Board approval of a proposal from Greenberg Traurig for consulting services for the consolidation of the Holiday Pines Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport System and the Central County Utility System into a single utility system in the amount of $90,000.00. Subject to contract preparation and approval by the county attorney. ~ '-' Greenberg Traurig ~ September 17, 2004 P. M. Bowers St. Lucie County Utilities Director 3rd Floor Administrative Complex 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Utilities Project Work Authorization-Consolidation Dear Mr. Bowers: We wish to present for St. Lucie County's consideration, this Utilities Project Work Authorization for the Consolidation of the Holiday Pines Utility System, the North Hutchinson Island Utility System, the HEW Utility System, the Airport Utility System and the Central County Utility System into a single utility system. Scope of Services: We propose to support County staff and provide to the County our assistance, analysis and r~Colrllllelldation5 for structuring and implementiAg---t Consolidation. These services include preparation of an Add-Bonds Test for consolidation of outstanding financings, preparation of a Feasibility Pro Forma for Credit Enhancers, preparation of consolidated and equalized rates, fees and charges and uniform policies and procedures, preparation of consolidation/transfer documentation, and meetings with bond counsel, financial adviser and underwriters re consolidation. ALBANY AMSTERDAM ATlANTA BOCA RATON BOSTON CHICAGO DALLAS Consultina Team: This proposal will include the services of Howard C. Osterman, of Howard C. Osterman, Inc., in the areas of business management, utility rates and utility policies, practices and procedures; the services of Phillip C. Gildan of Greenberg Traurig, P.A., for guidance and advice in the area of utility law, utility rates, policies and procedures, document preparation and to identify utility issues which may arise as a result of recommended action; and the services of Anthony L. Elia, mc. for financial pro forma and rate development services. Greenberg Traurig, P.A I Attorneys at Law I 777 South Flagler Drive I Suite 300 East I West Palm Beach, FL 33401 Tel 561,650]900 I Fax 561.655.6222 FORT LAUDERDALE LOS ANGELES MIAMI NEW JERSEY NEW YORK ORANGE COUNTY, CA ORLANDO PHILADELPHIA PHOENIX SILICON VALLEY TALLAHASSEE TYSONS CORNER WASHINGTON, D,C WEST PALM BEACH WILMINGTON ZURICH www.gtlaw.com · "-' '...1 P. M. Bowers September 17, 2004 Page 2 Mr. Gildan, Mr. Osterman and Mr. Elia will work as a team and are making this a joint proposal. We want you to note, however, that Mr. Gildan's firm, Mr. Osterman's company, and Mr. Elia's company are totally independent of each other. We believe that the scope of services is best provided by this joint effort embracing the entire utility spectrum. It is important to note that additional business, financial and legal services, such as litigation if required, are not included in this proposal and would be the subject of a separate agreement. In like manner, neither accounting nor engineering advice is included with the proposaL Fee Basis: For the services outlined above, we propose compensation in a lump sum amount of $19,500.00 for Howard C. Osterman, Inc., $52,000.00 for Greenberg Traurig, P.A., and $18,500.00 for Anthony L. Elia, Inc., payable by invoice as services are provided up to the amount of the lump sum. We will additionally invoice you for cost reimbursements including such items as reproduction services, and delivery costs. The authorization includes meetings with the Board of County Commissioners and County staff as necessary. We appreciate your consideration of this work authorization. GREENBERG TRAURIG, P.A. ~' ~ ..,., AGENDA REQUEST ITEM NO. 1:< DATE: 11-2-04 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNiY COMMISSIONERS SUBJECT: BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Exhibits and authorize the Chairman to sign the Exhibits. COMMISSION ACTION: Douglas Anderson County Administrator DCJ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 - ~~1t/ Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eft,5/96 '-' ...J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator DATE: October 28, 2004 SUBJECT: Tradition Field - Exhibits to Facilities Use Agreement ************************************************************************** BACKGROUND: Attached to this memorandum is a copy of proposed Exhibits to the Facilities Use Agreement between the county and Sterling Facility Services, L.L.C. The Exhibits have been revised to delete any reference to the Football/Soccer Stadium. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Exhibits and authorize the Chairman to sign the Exhibits. DSM/ caf Attachment Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J '-' ..",.¡ ST. LUCIE SPORTS COMPLEX FACILITIES USE AGREEMENT TABLE OF EXHIBITS Description of Real Property on Which Sports Complex Resides Site Plan List of Initial Term Improvements Final Plans and Specifications Initial Term 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: "-' ..., EXHIBIT A DESCRIPTION OF REAL PROPERTY ON WHICH SPORTS COMPLEX RESIDES LEGAL DESCRIPTION OF STADIUM PARCELPROVIDED 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 of703.73 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 of 28°35'55" a distance of 547.17 feet to a point of tangency; thence run South 03°03'36" East a distance of 292.82 feet; thence run South 86°56'24" West a distance of 638.79 feet to a point of curvature; thence run Southwesterly, along the arc of a curve, concave to the Southeast, with radius of 2864.79 feet and central angle of 4T43'22" a distance of2386.14 feet; thence run South 50°46'58" East a distance of 60.00 feet to the point of beginning; thence run South 50°25'05" East a distance of 982.20 feet; thence run South 29°08'31" East a distance of 1077.84 feet; thence run South 03°20'05" East a distance of 1328.73 feet; thence run Westerly along the arc of a curve, concave to the Southwest with a radius 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. '-' ..".¡ 1. County shall not enter into any agreement granting a competitor ("Co ètitor") of SFS, the Club, or any entity that has an advertising or naming rights agreem t with SFS or the Club at any facility (a "Mets Sponsor") the right to (a) operate, pply, sell, or distribute concessions at the FootbalVSoccer Field (referred to herein as e "Concession Rights"), or (b) advertise or display any signage at the FootbalVSoc r Field (referred to herein as the "Signage Rights," with the term "Concession/S age Rights" as used herein referring to the Concession Rights and/or the Signage Rig ts), unless the County first provides SFS, the Club, or such Mets Sponsor, respectiv , with the right of first negotiation and right of first refusal with respect to such Conc sion/Signage Rights, as follows: A. Ri t of First Ne otiation. Before negotiating with any Competitor with res ect to any Concession/Signage Rights that are not solely the subject of a public co etitive bidding/proposal process conducted by the County as required by app1ica Ie law (advance written notice of which is actually received by SFS and e Club pursuant to the notice provisions of the Agreement), County shall ord SFS, the Club and any Mets Sponsor that is a competitor of the Competito a right of first negotiation with respect to such rights, and shall negotiate in go d faith with respect to the granting of such rights to SFS, the Club or the Mets Sp sor. Thereafter, the County shall not enter into any agreement granting ConcessI n/Signage Rights to a Competitor except as permitted by the first three sentence of Paragraph 1 (B) below. B. Right of First Refusal. Before entering into any agreement with respect to Concession/Signage Rights, ounty shall provide SFS with the name and line(s) of business of the proposed tee of such rights, and the terms and conditions of the proposed agreement. I FS informs County, within five (5) business days, that the proposed grantee is Competitor of SFS, the Club, or a Mets Sponsor, then County shall offer the Co cession/Signage Rights at issue to SFS, the Club, or such Mets Sponsor on th previously-identified terms and conditions. If SFS, the Club, or the Mets Sponso oes not accept the offer within ten (10) business days after its receipt thereof, Co may thereafter enter into an agreement with the Competitor for the Concessio Signage Rights at issue, provided that County shall not enter into any such greement on terms and conditions more favorable to the grantee or less favor Ie 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 . ght of first refusal (i.e., the right to enter into an agreement with County for the ncession/Signage Rights at issue on the new set of terms and conditions) conc . g the same. Notwithstanding the foregoing provisions of this Paragraph l(B), rovided that SFS and the Club are given a full and fair opportunity (which s all include, without limitation, the actual receipt by SFS and the Club of adv e written notice of such opportunity pursuant to the notice provisions of the Agree ent) to submit bids or proposals to acquire particular Concession/Signage Rights part of a public competitive bidding/proposal process conducted by the Coun as required by applicable law and County desires to grant such Concession/Signa \..f ...." \ Rights to a Competitor of SFS or the Club who submitted a bid/proposal ~ontaining terms and conditions more favorable to the County than those ~tained in any bid/proposal submitted by SFS or the Club (and who is not a Co petitor of a Mets Sponsor), then County shall not be obligated to afford SFS or ill \ Club a right of first refusal with respect to such Concession/Signage Rights as desßfibed above in the first three sentences of this Paragraph I (B) if such Concesston/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 bltq;proposal (it being understood by County that the foregoing relief from the pro~~sions of the first three sentences of this Paragraph I(B) in one instance shall n'Ðt apply to subsequent offers or agreements to grant the particular Concession/Sign\g~ Rights at issue, or to offers or agreements to grant any other Concession/Signa~ Rights). For the purpose of clarity, the provisions of the preceding sentence "relieving the County of its obligations under the first three sentences of this 'R~agraPh I(B) shall not apply to any grant of Concession/Signage Ri hts that is not the result of a public competitive bidding/proposal process nducted by the County as required by applicable law, and shall not apply to any ant of Concession/Signage Rights if the grantee of such rights is a Competitor Ò{ a Mets Sponsor (unless the County demonstrates that the Mets Sponsor actuallý\{~ceived advance written notice of the County's public request for bids or propos~). Nothing set forth in this Exhibit A shall be eemed to contradict or limit any of the terms and conditions set forth in Section 7(C) ofth greement with respect to the right of SFS to approve any agreement with respect to the F tball/Soccer Naming Rights. 2. In the event that County holds an event at the Football/Soccer Field or otherwise uses the Football/Soccer Field, such even or use shall not interfere with SFS's use of the Sports Complex or otherwise conflict wi ,SFS' s rights under the Agreement. County may not hold any event at, or otherwise use, &~ Football/Soccer Field (i) on the s~e dates as New York Mets spring training home garks, or (ii) on the date of any SFS Event at the Sports Complex scheduled in accordance wi an SFS New Event Notice as described in Section 16(B)(iv) of the Agreement (provide that no event at or use of the Football/Soccer Field shall provide or constitute grounds fo County to object to an SFS New Event Notice under Section 16(C) of the Agreement) or ïi) when such event at or use of the Football/Soccer Field is reasonably expected to attra attendance of 2000 or more persons (with all persons, including without limitation all p icipants, workers and spectators, included in such total) unless, in each instance, (a) Co ty provides written notice to SFS of the proposed event or use at least ten (10) days prio, 0 the date of the proposed event or use (the "Football/Soccer Field Event Notice," which all describe the proposed event or use, including the nature, starting time and estimated d tion thereof, and the expected attendance thereat, and any circumstances which may cause he event or use to interfere with SFS's use of the Sports Complex or otherwise conflict ·th SFS's rights under the Agreement), and (b) SFS does not reasonably object to the oposed event or use as set forth in the Football/Soccer Event Notice within five (5) days er its receipt of the Football/Soccer Event Notice (with such objection conclusively de ed '-" .."", r sonable if the proposed event or use may interfere with SFS' s use of the Spòrts Co plex or otherwise conflict with SFS's rights under the Agreement). The term "Football/Soccer Field" as used herein shall mean the following, egal description provided by County: A Par I ofland lying in Parcel 21D as shown on the Plat of S1. Lucie West Plat No. 107, nd Replat in Parcel 21 and recorded in Plat book 37, pages 19, 19A to 19C, publi ecords of S1. Lucie County, Florida and being more particularly described as fa ows: Commence at a po' on the Northerly line of said Parcel 21D, said point being the Easterly end of ace concave to the South and having a radius of 3708.28 feet; thence Westerly, ala the arc of said curve, (and along the said northerly line of Parcel 21D), thru a c tral angle of 10°25'45", an arc distance of 674.99 feet to the point of beginning; ence departing said curve (and said Northerly line), South 03°28'43" West, alon a line radial to said curve, a distance of 694.00 feet to a point of radial intersection . th a curve concave to the South and having a radius of 3014.28 feet; thence Wes ly, along the arc of said curve, thru a central angle of 11°01 '00", an arc dis e of 579.58 feet to a point of radial intersection with a line; thence North 07"32 " West, along said line, a distance of 694.00 feet to a point of radial intersection ·th said curve having a radius of 3708.28 feet (and said Northerly line of Parcel 21 . thence Easterly along the arc of said curve (and said Northerly line of Parcel ), thru a central angle of 11°01 '00", an arc distance of713.02 feet to the point 0 eginning. Containing 10.297 acres, more or less. 4. County acknowledges that SFS is relying upon th description of both the Land and the Football/Soccer Field, and that 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: '-" ...,J 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: '-" ....I EXHIBIT C LIST OF INITIAL TERM IMPROVEMENTS PRIORITY # DESCRIPTION 1 AREA "A" - THIRD BASE EXPANSION I INTERIOR ADDITION Additional Seating Party Deck wI Concession Area Restroom Facilities Club House Expansion Storage Facilities lA AREA "A" - HOME PLATE SEATING EXPANSION I 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 I CONCOURSES I 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 I 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 '-' "WI 5 MINOR LEAGUE FACILITY IMPROVEMENTS ClubhouselW eight room ExpansionIModifications 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: \.., EXHIBIT D FINAL PLANS AND SPECIFICATIONS ,.."" The following is the Table of Contents for the Final Plans, including bidding requirements, contract fonns, conditions of the contract, and a list of the applicable drawings and specifications. The Final Plans are in the possession of St. Lucie County. Dates indicated are the dates printed on each document submitted to the County by the Architect. SECTION General Conditions Supplementary General Conditions DMSION 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 DMSION 2 - SITE WORK SECTION 02110 02300 02782 Site Preparation Earthwork Unit Pavers DMSION 3 - CONCRETE SECTION 03050 03100 03200 03300 03310 03320 03345 Concrete Testing and Control Concrete Formwork Concrete Reinforcement Cast In Place Concrete Concrete Work Concrete Floor Topping Concrete Finishing August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 August 11 Ib, 2003 '-" 03450 03452 Architectural Precast Concrete Stairs Architectural Precast Concrete Elements DMSION 4 - MASONRY SECTION 04100 04340 04402 04270 04280 Mortar Reinforced Unit Masonry System Stone Counters Glass Unit Masonry Unit Masonry DMSION 5 -METALS SECTION 05120 05210 05310 05411 Structural Steel Steel Joists Metal Decking Light Gauge Steel Framing and Prefabricated Steel Roof Trusses Miscellaneous Metals 05500 DMSION 6 - WOOD AND PLASTICS SECTION 06200 Carpentry DMSION 7 - THERMAL AND MOISTURE PROTECTION SECTION 07140 07160 07200 07530 07600 07610 07700 07811 07820 07830 07840 07900 Liquid Membrane Waterproofing Metallic Oxide Waterproofmg Building Insulation Single Ply Membrane Roofmg Sheet Metal Work Prefonned Metal Roofing Roof Specialties and Accessories Sprayed'Cementitious Fireproofmg Plastic Sunscreen Panels Translucent Glazing Panels Firestops and Smokeseals Joint Sealers DIVISION 8 - DOORS AND WINDOWS SECTION 08100 Steel Doors and Frames .."J August 11th, 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 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 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 '-' ...." 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 th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 DMSION 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 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 DMSION 10 - SPECIAL TIES 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 th, 2003 August 11 th, 2003 August 11 th, 2003 August 11 th, 2003 August 11 th, 2003 DMSION 11 - EOUIPMENT SECTION 11132 Projection Screens August 11 th, 2003 DMSION 12 - FURNISHINGS SECTION - NOT USED DMSION 13 - SPECIAL CONSTRUCTION - NOT USED DIVISION 14 - CONVEYING SYSTEMS SECTION 14212 Hydraulic Elevators August 11th, 2003 '-" 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 HVAC 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 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 2003 August 11 th, 2003 August 11 th, 2003 August 11th, 2003 August 11 th, 2003 '-' Drawing List ARCHITECTURAL TO.OO TO.02 A1.00 A1.01 A1.01A A1.01B A1.01C A1.01D A1.02 A1.02A Al.02B A1.03 A1.03B A1.04B Al.0SA A1.0SC-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 AS.OO AS.Ol AS.I0 AS .11 AS.1S AS.20 AS.30 AS.31 AS.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 S & 7 Ramps C, D &E Berm Ramp Building Details Column Details -..",J August 11 th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 2003 August 11th, 2003 August 11th, 2003 August 11 th, 2003 August 11 th, 2003 August 11th, 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 11th, 2003 August 11 th, 2003 August 11 th, 2003 August 11th, 2003 August 11 th, 2003 August 11th, 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 August 11 th, 2003 August 11 t\ 2003 August 11 th, 2003 '-" A7.03 A7.04 A7.10 A7.11 A7.12 A7.13 A7.14 AS.OO A9.00 STRUCTURAL Plaza Details Wall Sections Wall Sections Wall Sections Wall Sections Roof Details Slab 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 SI.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 Ml.04B M3.00 M3.01 M5.00 ELECTRICAL E1.00 E1.01A.l E1.01A.2 E1.01A.3 E1.0lB.l 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 11th, 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 11th, 2003 August Sth, 2003 August Sth, 2003 August Sth, 2003 August Sth, 2003 August Sth, 2003 August Sth, 2003 August Sth, 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 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 '-' E1.01C.3 E1.01D.1 E1.01D.2 E1.01D.3 E1.02A.l E1.02A.2 E1.02A.3 E1.02B.1 E1.02B.2 E1.02B.3 E1.03B.l E1.03B.2 E1.03B.3 E1.04B.l 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 A/Comm. Electrical Ground Floor Plan - Section D Lighting Electrical Ground Floor Plan - Section D Power Electrical Ground Floor Plan - Section D F A/Comm. Electrical Concourse Floor Plan - Section A Lighting Electrical Concourse Floor Plan - Section A Power Electrical Concourse Floor Plan - Section A F A/Comm. Electrical Concourse Floor Plan - Section BLighting Electrical Concourse Floor Plan - Section B Power Electrical Concourse Floor Plan - Section B F A/Comm. Electrical Suite Floor Plan - Section BLighting Electrical Suite Floor Plan - Section B Power Electrical Suite Floor Plan - Section B F A/Comm. 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: ...", 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 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 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 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" ofOCT/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: '-' ...." 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 fmally 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: '-' ..." 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 will 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. ~ ..." d. Umbrella Liabilitv 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. '-" 'will EXHIBIT I SFS GENERAL CONSTRUCTION LIABILITY INSURANCE REOUIREMENTS Not applicable. Intentionally omitted. '-' ....., 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 EndinS! Balance (Prior) Principal Ann. Rate Interest Total Balance Remainim! 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 1 1/1/2017 $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 ---------------- T '-' ..., 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 Remaining 9/10/2003 $2,627,500.00 ------------ ----------- ---------..-- ----------------- 11/1/2003 $2,627,500.00 ------------ 5.620% $18,048.01 $18,048.01 $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 $68,50 '-' ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT ...,.I John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA November 2, 2004 1. MINUTES Approve the minutes of the meeting held October 26, 2004. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. S8 and 4. 2. COUNTY ATTORNEY Impoundment Restoration - Second Amendment to Agreement with Native Technologies, Inc. (C04-0S- 395) - Consider staff recommendation to approve the proposed Second Amendment with Native Technologies, Inc. (C04-0S-39S), and authorize the Chairman to sign the Second Amendment. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. - - - '-" ...I MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 26, 2004 Tape: 3 Convened: 12:30 p.m. Adjourned: 12:31 p.m. Commissioners Present: Chairman, Doug Coward, Paula Lewis, John D. Bruhn, Frannie Hutchinson, Cliff Barnes Othcrs Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, A. Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the minutes of the meeting held October 12, 2004; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The ßoard approved Warrant List No. 56,57 2 and 3. There being no further business to be brought before the Board the meeting was adjourned. Chairman Clerk of Circuit Court 10/20/04 P'7Z\BWARR FUND 145 TITLE Mosquito Fund - -- ... '-' ST. LUCIE COUNTY - BOARD 'WIll WARRANT LIST #58- 18-0CT-2004 TO 20-0CT-2004 FUND SUMMARY-MOSQUITO GRAND TOTAL: EXPENSES 36,287.09 36,287.09 PAGE 1 PAYROLL 0.00 0.00 10/22/04 F7.ABWARR FUND TITLE 145 ~ Mosquito Fund ST. LUCIE COUNTY - BOARD 'wÎ WARRANT LIST # 4- 21-0CT-2004 TO 22-0CT-2004 FUND SUMMARY- MOSQUITO EXPENSES 254,658.94 GRAND TOTAL: 254,658.94 PAGE 1 PAYROLL 0.00 0.00 / Y AGENDA REOUEST ~ \,~ TO: MOSQUITO CONTROL DISTRICT SUBMITTED BY(DEPT): County Attorney ITEM NO. ~ Date: November 2,2004 Regular [ ] Public Hearing [ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Impoundment Restoration - Second Amendment to Agreement with Native Technologies, Inc. (C04- 05-395) BACKGROUND: See c.A. No. 04-1495 FUNDS A V AIL. (State type & No. oftransactionorN/A): Account No. 145-6230-534000-1902 (Other Contractual Services - Hurricane Jeanne) RECOMMENDA nON: Staff recommend that the Mosquito Control District approve the proposed Second Amendment to the May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395), and authorize the Chairman to sign the Second Amendment. COMMISSION ACTION: )Ç. APPROVED [] DENIED t ] OTHER: Approved 5-0 County Attorney: Coo rd ina tio n/S il!natu res ~ Mgt & Budget: ~ Other: ~ Originating Dept: Finance (Check for Do as M. Anderson County Administrator Purchasing: Other: \w- ,..", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 04-1495 DATE: October 28, 2004 SUBJECT: Mosquito Control Impoundment Restoration - Second Amendment to Agreement with Native Technologies, Inc. BACKGROUND: On May 25, 2004, the Mosquito Control District entered into an agreement with Native Technologies, Inc. to perform restoration work in the mosquito control impoundments. On September 28, 2004, the District approved an amendment to the agreement to provide for Native Technologies to perform emergency vegetation removal and dike and culvert breach repairs following Hurricane Frances. Attached to this memorandum is a copy of a proposed second amendment to the agreement which provides for Native Technology to conduct additional emergency vegetation removal as a result of Hurricane Jeanne. The additional work is described in the attached letters from the contractor dated October 13, 2004 and October 28, 2004. The additional work will be completed on or before November 5, 2004 and will cost an additional amount not to exceed one hundred sixteen thousand eight hundred forty-eight and 01/100 dollars ($116,848.0 I). This will bring the total cost for emergency debris removal in the impoundments to three hundred twenty-three thousand one hundred sixteen and 81/100 dollars ($323,116.81). RECOMMENDATION/CONCLUSION: Staff recommend that the Mosquito Control District approve the proposed Second Amendment to the May 25, 2004 Agreement with Native Technologies, Inc. (C04-05-395), and authorize the Chairman to sign the Second Amendment. Respectfully submitted, ~¿, Heather Y ounF Assistant County Attorney Attachments HY/ Copies to: County Administrator Mosquito Control Director Finance Director Contracts Coordinator Deputy Clerk Press/Public \..; ...I SECOND AMENDMENT TO MAY 25,2004 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND NATIVE TECHNOLOGIES, INC. THIS SECOND AMENDMENT is dated this day of ,2004, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRIC(a dependent taxing district of the State of Florida (the "District"), and NATIVE TECHNOLOGIES, INC., a Florida corporation (the "Contractor"). WHEREAS, on May 25,2004, the parties entered into an Agreement wherein the Contractor agreed to perform mosquito control impoundment restoration (the "Agreement"); and, WHEREAS, on September 28, 2004, the parties entered into a First Amendment to the Agreement which provided for the Contractor to perform emergency vegetation removal and dike and culvert breach repair in the mosquito control impoundments in conjunction with the aforementioned impoundment restoration following Hurricane Frances; and, WHEREAS, the District has determined that additional vegetation removal is necessary to restore the impoundments as a result of Hurricane Jeanne; and, WHEREAS, operation of the mosquito control impoundments is essential to the health, safety and welfare of the residents of S1. Lucie County; and, WHEREAS, the parties desire to amend the Agreement to provide for the Contractor to perform this additional work on the impoundments. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 4 ofthe Agreement shall be amended to read as follows: 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the District and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of 15 pages. B. Broward Contract, consisting of 12 pages. C. Contractor's Broward Contract Schedule of Unit Prices, 1 \.f "wJIÎ consisting of 2 pages. D. Contractor's letter to James R. David dated April 9, 2004, consisting of 1 page. E. Contractor's Memorandum to St. Lucie County Mosquito Control District dated May 4, 2004, consisting of 2 pages. F. Contractor's letter to James R. David, dated September 22, 2004, consisting of 2 pages. G. Contractor's letter to James R. David, dated October 13, 2004, consisting of 2 pages. H. Contractor's letter to James R. David, dated October 28, 2004, consisting of 2 pages. I. Insurance Certificate( s) to be provided by the Contractor with an executed original of this Contract. 1. Any modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 2. Paragraph 6 of the Agreement shall be amended to read as follows: 6. TERM OF CONTRACT The Contractor shall begin the work on the mosquito control impoundment restoration within five (5) calendar days after the signing, execution and delivery of written notice to proceed and shall complete all of the work hereunder within one hundred twenty (120) days of the date of the notice to proceed. The parties acknowledge and agree that the Contractor has already commenced work on the emergency vegetation removal and dike and culvert repair work set forth in the Contractor's letter dated September 22, 2004. The Contractor shall complete all work described in the September 22,2004 letter on or before September 30, 2005. The Contractor shall complete all work described in the October 13, 2004 and October 28, 2004 letters on or before November 5, 2004. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment 2 ~ .....I necessary to complete the Work within the time limit set forth in the Contract. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the District, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the District in writing. The Contractor shall perform such additional services hereunder as agreed upon by the Project Managers in accordance with the rates set forth in the Contractor's bid. In the sole opinion of the District, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the District shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the District shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the District authorizes such payment in writing. As the Contractor's only remedy for delay, the District may grant an extension of the contract time, when a controlling item of. Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the District. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information as appropriate. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions oftime shall be done by Change Order. 3. Paragraph 7 of the Agreement shall be amended to read as follows: 7. CONTRACT PAYMENT The District shall pay the Contractor for the performance of this Contract upon the rendering of said services in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount of four hundred sixty-eight thousand three hundred twenty-seven and 5011 00 dollars ($468,327.50) in current funds as follows: 3 '-' ~ A. Impoundment Restoration - Not to exceed eighty-seven thousand nine hundred fifty-nine and 00/1 00 dollars ($87,959.00). B. Emergency Vegetation Removal- Not to exceed three hundred twenty-three thousand one hundred sixteen and 81/100 ($323,116.81) C. Dike and Culvert Breach Repair - Not to exceed fifty-seven thousand two hundred fifty-one and 69/100 dollars ($57,251.69) 4. All other terms and conditions of the Agreement, as amended, are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: NATIVE TECHNOLOGIES, INC. BY: SECRETARY PRESIDENT (SEAL) g: \atty\agreemnt\2a-nti. wpd 4 · Q# ~ ~(~ Native ~~ Technologies. Inc. ~ 3~ 15 NW 101" Te'Tace. Suite 209 FOI1 Lauderdale. Florida 33309 Phone 954.5~3 .523 6. 888.30 1.1707 Fax 95"¡A6~. 70 II www.nmivetechnologiesinc.com October 13. 200'¡ Mr. James R. David SI. Lucie County Ivlosquito Control Distrist 3150 Will Fee Road Fort Pierce, FL 34982 Re: Sailll Lucie J/o.wluilo COlltrol 1I1Irric.'llflf! Je/llllle Emer¡:t!1I9' 'e¡:f!tlltÌlm Rellll1l'I11 Dear ML David: Pursuant to your request. attached please tind a contract between Native fechnologies. Incorporated and Broward County, This contr¡¡ct covers the selective removal and disposal of Austr;¡lial1 Pine and Brazilian Pepper trees. The contract bears a fee of $1.158.89 per acre, Based on the acreage of vegetation on the impoundments. (65.608 lineal feet x '¡O fect in width '¡3.560 Sq. ti, per acre = 60.2'¡ acres x 1.158.89 = a total cost of $69,5 11.53), As you will note our cost estimate to the county indicates that NT! will perfoml (his work for a total cost of S51 ,"53.86. The following is an outline of the procedure for the emergency vegetation rèmoval work on thc impoundment dikes and the conditions within which the work will OCCUL a) Trees that have been blown down arc intcl1\vined with other vegetalion making cUlting. sorting and chipping more labor intensive. . b) 'nle density of the vegetation is higher due to native vegetation as well as exotics and exposed root systems now being removed. c) The erosion under the intertwined vegetation makes working conditions more haz:lrdous and access IflUre dillìculL d) The canopYl1lust be taken OUI and/or thinned 10 allow the heavy machinéry to access the area tor dike repair. In closing. the price quoted for the irnpoÜndment work includes of all labor. material. supervision and incidental 10 complete the work and is based on a comparable contract awarded under a competitive bid situation. As we have demonstrated in the past. it is our goal to perfoml our work in an expeditious manner thus producing the work under the estimated budget amount. Should you have any questions or need ¡ldditional information. please let me know. Sincere]\'. ~2fiD Robert B. Jv1 iller Senior Vice President SIal.: Ct:rtitÏ\:¡¡¡e µ CB-CIJ3!!l)46 Printed on recycled paper Z ~ ..." Native Technologies Incorporated st. Lucie County Mosquito Control District - Cost Estimate Form Project: Hurricane Jeanne Emergency Vegetation .Removall Access Repairs Date: October 11, 2004 --, Item Quantitiy Unit Unit Cost I Da~ Total Cost Labor: Project Manager 6 DY 592.60 $3,555.62 Crew Supervisor 16 DY 477.60 $7,641.60 Operator 16 DY 477.60 $7,641.60 Laborer (3 men x 11 days) 33 DY 355.83 $11,742.47 Equipment: Project Manager Truck 6 DY 177.92 $1,067.50 Crew Truck 16 DY 177.92 $2,846.66 Bucket Truck 0 DY 304.42 $0.00 Whole Tree Chipper 11 DY 507.37 $5,581.02 Brush Chipper 0 DY 338.24 $0.00 4 Wheel Dr. Dump Truck 0 DY 314.03 $0.00 Off Road Dump 5 DY 1011.35 $5,056.74 Loader 0 DY 611.68 $0.00 Bobcat 0 DY 310.78 $0.00 Chain Saws (2 saws x 10 days) 0 DY 25.98 $0.00 Backhoe 0 DY 411.17 $0.00 Helicopter ( 4 person + pilot) 0 HR 907.50 $0.00 Dozer 0 DY 1090.50 $0.00 Excavator 5 DY 1264,13 $6,320.65 Material: Coquina Rock 0 TN 12.31 $0.00 Fill Dirt 0 TN 7,14 $0.00 Silt Fence 0 LF 0.27 $0.00 Geotextile Fabric 0 SY 1.61 $0.00 Total Cost $51,453.86 ~~~ ~ ~~~ NatIve ,~ Technologies, Inc. 'WIll 3215 N\V 101" Terrace. Suite 209 FO/1 Lauderdale. Florida 33309 Phone 954.523.5136. 888.301.1707 Fax 9540461.70 I ¡ WW\\. nat ivetechnologiesinc .com OClOber 28. 2004 Mr. James R. David 51. Lucie County Mosquito Control Distrist 3150 Will Fee Road Fort Pierce. FL 34982 Re: Saint Lucie J!(}.W/1ÚW C(}lIfm/ Elllerxell'T r'exeftltÙIII RelllfJl'ftl Impnrllltlmell1J /, 8, 17C III/(/ 23 Dear Mr. David: Pursuant to your requesL attached please tins a contract between Native Technologies. Incorporated and Broward County, This contrdct covers the selective removal and disposal of Australian Pine and Brazilian Pepper trees. The contract bears a fee of$I.158.89 per acre for cut and chip and $6.170.74 per acre for removal. ßased on the acreage of vegetation on the impoundments. Cut and chip (9.400 lineal feet x 40 feet in width 43.560 Sq. ft, per acre = 8,63 acres x 1.158,89) + removal (22.862 lineal feet x 20 feet in width' 43.560 Sq. ft. per acre = 10.50 acres x $6.170.74 per acre) = a total cost of $74.793.99, As you will note our cost estimate to the county indicates that NTI will perform this work for a 10lal COSI of $65.394. J 5, The following is an outline of the procedure for the emergency vegetation removal work on the impOlmdmenr dikes and the conditions within which the work will occur. a) Trees that have been blO\\1l dm\on are intertwined with olher vegetation making cutting. sorting [1I1d chipping more labor intensive, b) The density of the vegetation is higher due to native vegetation as_well lIS exotics and exposed root systems now being removed. c) The erosion under the intertwined vegetation makes working conditions more hazardous and access more difticult. d) The canopy must be taken out and/or thinned to allow the heavy machinel)' (0 access the area for dike repair, e) Stumps wi II be excavated. loaded. haul and piled along A I A. In closing, the price quoted for the impoundment work includes of all labor. maleriaL supervision and incidental to complete the work and is based on a comparable contract awarded under a competitive bid situation. As we have demonstrated in (he past. it is our goal to perfonn our work in an expeditious manner thus producing the work under the estimated budget amount. Sho.uld you have any questions or need additional in fonl1ation. please let me kno\\', ~. Raben B, Miller Senior Vice President Slal~ C~rtilkal~ 1/ C8-C0389-16 Printed on recyded paper Z '-' 4' ~'fNative ~\ Technologies. Inc Native Technologies Incorporated SI. Lucie County Mosquito Control , Cost'Estimate Form Project: Hurricane Jeanne Emergency Debris Removal Impoundments 1. 8 and 17C stump removal and vegetation removal impoundments 17C and 23 Date: October 28. 2004 Item Quantitiv Unit Unit Cost I Dav Total Cost Labor: Project Manager 6 DY 592,60 53.555,62 Crew SupervIsor 16 DY 477 60 $7,641 60 Operator 24 OY 47760 51 L46240 Laborer 16 DY 355 83 $5,69332 Equipment: PrOject Manager Truck 6 DY 17792 51,06750 Crew Truck 16 DY 17792 52,846.66 Bucket Truck 0 DY 304A2 SO,OO Whole Tree Chipper 0 DY 507 37 SO 00 Brush ChIpper 8 DY 338.24 52,705 95 4 Wheel Dr Dump Truck 0 DY 314,03 SO 00 Off Road Dump 16 DY 101135 516,18158 Loader 4 DY 61168 52,446.72 BObcat U DY 310,78 5000 Chain Saws 16 DY 2598 541563 Backhoe 0 DY 411 17 SO 00 Helicopter ( 4 person .. pilot) 0 HR 907 50 SO 00 Dozer 0 DY 1 090 50 SO 00 Excavator 9 DY 126413 511.37717 Material: CoquIna Rock 0 TN 1231 5000 Fill D"1 0 TN 7 14 SO 00 5111 Fence 0 LF 027 5000 GeoteX1,le F abnc: 0 SY 161 SO. 00 Total Cost $65.394.15 ...J