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HomeMy WebLinkAboutAgenda Packet 10-24-00 '-" , ....,¡ .. OCTOBER 24, 2000 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME 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 ITEMS- 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 Tuesdays at 7:00 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 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT-Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" , '-' www.stlucieco.gov John D. Bruhn Doug Coward Paùla A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS -. AGENDA INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES ßfrJ1?/ ~ ~yÇì<fÞð October 24, 2000 9:00 AM. Approve the minutes of the meeting 2. PROCLAMATIONIPRESEN!"ATION A 2000 Tax Rolls - The Tax Collector requests authorization to extend the 2000 Tax Roll pursuant to Florida Statutes 197.323. B. Excess Revenue - Mrs. Dorothy Conrad, Tax Collector, will return excess tee\: revenue to the Board of County Commissioners. C. Resolution No. 00-216 - Proclaiming the month of October, 2000 as "Head Start Awareness Month" in St. Lucie County, Florida. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS COUNTY ATTORNEY SA Ordinance No. 00-40 (Amending Chapter 1-11, "Library") - Consider staff recommendation to adopt Ordinance No. 00-40 as drafted. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boara at these meetings will need a record of the proceedmgs and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a bearing will be sworn in. Any paI1Y to the proceedings will be granted toe 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 (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior fo the meeting. '-" '\ '-' REGULAR AGENDA OCTOBER 24,2000 PAGE TWO 6. COUNTY ATTORNEY A St. Lucie County Cultural Affairs Council Vacancy - Consider staff recommendation to appoint one of the persons nominated by the Cultural Affairs Council to fill one of the vacancies on the Council. B. Resolution No. 00-2S6 - Consider staff recommendation to approve the resolution approving and authorizing the issuance of Industrial Development Revenue Bonds for Freedom Plastics, Inc. 7. LEISURE SERVICES Sponsorship Agreement - Consider staff recommendation to approve the sponsorship agreement with The Country Store Sub Shop, and authorize the Chairman to sign the agreement. 8. ADMINISTRATION Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. '-' \-."",1 CONSENT AGENDA October 24. 2000 1. WARRANTS LIST Approve warrants list No. S6 Approve warrants list No.3 2. COUNTY ATTORNEY A Resolution No. 00-220 - Consider staff recommendation to adopt the resolution authorizing and approving execution of the State of Florida Department of Community Affairs Statewide Mutual Aid Agreement; and authorizing the Chairman to execute the agreement, and further authorizing the County Attorney to execute the agreement by approving it as to form and correctness. B. Resolution No. 00-222 Proclaiming the month of November, 2000 as "Epilepsy Awareness Month" in St. Lucie County, Florida. C. Children's Home Society of Florida, Treasure Coast Division - Consider staff recommendation to approve the proposed First Amendment to the June 22, 1993 Facilities Use Agreement with the Children's Home Society, Treasure Coast Division, and authorize the Chairman to sign the amendment. D. Resolution No. 00-2 S4 / Special Warranty Deed / Midway Industrial Park, Phase II / Right-of-Way Dedication - Consider staff recommendation to accept the Special Warranty Deed from Midway Properties of St. Lucie County, L.c., authorize the Chairman to execute Resolution No. 00-2 S4, and instruct staff to record the resolution and Special Warranty Deed in the Public Records of St. Lucie County, Florida. E. Permission to Advertise / Right-of-way Abandonment - St. James Drive / Faith Tabernacle of Ft. Pierce, Inc. - Consider staff recommendation to grant permission to advertise a public hearing to be held on November 14, 2000 at 9:00am, or as soon thereafter as possible. F. Permission to Advertise / Right-of-way Abandonment - St. James Drive / South 2 Sth Street Phase II. - Consider staff recommendation to grant permission to advertise a public hearing to be held on November 14, 2000 at 9:00am, or as soon thereafter as possible. G. Conservation Easement / Dollom, Inc. /Savanna Club Apartments - Consider staff recommendation to approve the proposed form of the conservation easement and authorize the Chairman to sign the easement subject to final review of the legal descriptions of the easement by the County Attorney and the County Surveyor. H. Easement / North AlA Bike Path / Sidewalk - Consider staff recommendation to approve the easement from the Board of Trustees of the Internal Improvement Trust Fund, and authorize the Chairman to sign the Easement. '-' ""'wI CONSENT AGENDA OCTOBER 24, 2000 PAGE TWO 3. PUBLIC SAFETY 9G-19 Grant / County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA) - Consider staff recommendation to approve the agreement appropriating the grant funds along with Equipment Request No. EQ-Ol- 199 for (UPS) Uninterrupted Power Source for EOC/911 (replacement), Equipment Request No. EQ-01-201 for Furniture for EOC/911, and authorize the Chairman to execute the agreement. 4. LEISURE SERVICES A Use Agreement - Consider staff recommendation to approve the Use Agreement between Marine Industries Association of the Treasure Coast, Inc. and St. Lucie County and authorize the Chairman to sign the agreement. B. Florida Inland Navigation District (FIND) Grant Agreement - Consider staff recommendation to accept the grant funds and authorize the Chairman to sign the agreement between FIND and St. Lucie County for the "Ft. Pierce Inlet Boat Launch Area". C. Grant Application for the Historical Museum - Consider staff recommendation to authorize submission of a grant application to the Institute of Museum and Library Services / Heritage Preservation, and authorize a match of $270. D. Emergency Bid Waiver - Consider staff recommendation to declare an emergency, waive the bid process, negotiate a contract with C&H Baseball and Metals, Inc. for Mets Stadium, and authorize the Chairman to sign the contract. S. PUBLIC WORKS A Change Order No. 1 / Sagamore Waterway East of Airoso Boulevard Maintenance Dredging Project - Consider staff recommendation to approve and authorize the Chairman to sign the change order in the amount of $6S0, resulting in a total contract amount of $19,3S0; accept the project, release retainage in the amount of $I,93S, and make final payment to Ludlum Construction Co., Inc. in the amount of $1,93S. B. Permission to Advertise for Fourteen (14) Public Hearings - Consider staff recommendation to grant permission to advertise public hearings to consider the adoption of proposed Resolution Nos. 00-223, 00- 224, 00-22 S, 00-226,00-227,00-228,00-229,00-230,00-231, 00-232, 00-233, 00-234, 00- 23S, and 00-236 stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units, on December S, 2000 at 7:00pm, or as soon thereafter as possible. '--' \wi CONSENT AGENDA OCTOBER 24,2000 PAGE THREE S. PUBLIC WORKS (CONTINUED) C. Interlocal Agreements - Consider staff recommendation to approve the Interlocal Agreements between the City of Fort Pierce and St. Lucie County for the maintenance of Delaware Avenue (U.S. 1 to 17th Street) and Okeechobee Road (Virginia/Hartman Road to 17th Street), authorize the Chairman to execute the agreements, and conceptually approve a $S5,OOO contribution to the City for the landscaping of Okeechobee Road, subject to conditions of an agreement to be prepared by the County Attorney. D. Work Authorization / Treasure Cove/Ocean Harbor South MSBU Project - Consider staff recommendation to approve the work authorization to the Agreement for Continued Professional Engineering Design Services with LBFH, Inc., in the amount of $20,320 to provide additional engineering services and to perform the remaining engineering services necessary to complete the project, and authorize the Chairman to execute the Work Authorization. E. Budget Amendment/Equipment Request No. EQOI-186 - Consider staff recommendation to approve the budget amendment and equipment request to purchase a time clock software upgrade for FY 2000-2001 in the amount of $3,09S (an increase of $69S), and to approve the purchase of WC6 Windows-based Fuel Management Software in the amount of $2,49S. 6. PURCHASING A Bid No. 00-099 - Consider staff recommendation to award the bid for Security Guard Service for the County Administration Building to Burns International Security Services in the amount of $IS.S6 per hour, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. RFP No. 00-070 - Consider staff recommendation to grant permission to negotiate with Treasure Coast Abstract & Title Insurance Co. and Community Land Title for Title Insurance Services. The contracts will be brought back to the Board for approval. ~ v CONSENT AGENDA OCTOBER 24,2000 PAGE FOUR 6. PURCHASING (CONTINUED) C. RFP No. 00-078 - Consider staff recommendation to approve the proposal for Coffee Service at the Courthouse from Thompson Coffee Co., and authorize the Chairman to sign the contract as prepared by the County Attorney. D. RFP No. 00-06S - Consider staff recommendation to approve the ranking of the proposals for Emergency Debris Removal as follows: 1. Nichols Sanitation S. Ashbritt Inc. 2. Grubbs Construction Co. 6. Arbor Tree and Land Inc. 3. Gulf/Crowder Equipment 7. Global Resource Recovery 4. Phillips and Jordan, Inc. 8. L.E.B. Demolition and grant permission to negotiate contracts with the proposers in order of ranking. 7. UTILITIES A Equipment Purchase - Consider staff recommendation to approve the purchase of a computer and all necessary software for the approved Administrative Secretary position at a total cost of $1,47S, approve Equipment Request No. EQOI-200, and Budget Amendment No. BAOI-I00. B. Equipment Purchase - Consider staff recommendation to approve the purchase of a Fujitsu 4097DG Scanner and connection equipment at a total cost of $6,2S0 for the Document Imaging Project, approve Equipment Request No. EQOI-202, and Budget Amendment No. BAOI-I01. 8. MANAGEMENT AND BUDGET A Budget Resolution No. 00-2S0 - Consider staff recommendation to approve the budget resolution to appropriate and expend the funds from the Federal Aviation Administration (FAA) Taxiway A-3, Airfield Signs Grant in the amount of $1,084,S79. B. Request to Advertise - Consider staff recommendation to grant permission to advertise a public hearing for the acceptance of the Local Law Enforcement Block Grant (LLEBG) 2000, and Budget Resolution No. 00-2S1 to increase the Fine and Forfeiture Fund by $68,016. C. Budget Resolution No. 00-252 - Consider staff recommendation to approve the budget resolution to appropriate and expend the funds from the Federal Highway Administration (FHW A) Transportation Grant for the 21 5t Century Program in the amount of $117,000. D. Budget Resolution No. 00-2 S3 - Consider staff recommendation to approve the budget resolution to appropriate and expend the funds from the Manatee Protection Plan Phase II Grant awarded by the Florida Fish and Wildlife Conservation Commission in the amount of $47,000. "-' \,-, CONSENT AGENDA OCTOBER 24,2000 PAGE FIVE 9. INVESTMENT FOR THE FUTlJRE A South 2Sth Street - St. James Drive Roadway Widening Project (Airoso Boulevard - Midway Road) - Consider staff recommendation to approve final Change Order No.9 and Final Pay Request No. 17 to close out the roadway widening contract, and approve the project budget as outlined, to allow for construction of landscaping improvements in the amount of $IS0,OOO. B. Work Authorization - Consider staff recommendation to approve the Work Authorization with LBF&H in the amount of $19,020 for the inclusion of the Holiday Pines System into the County GIS information. 10. COMMUNITY DEVELOPMENT A Environmental Impact Report Exemption / A-I Trusses Major Site Plan - Consider staff recommendation to approve the request of Gregory Boggs for an exemption from Section 11.02.09 (A) (S), St. Lucie County Land Development Code which requires the preparation of an Environmental Impact Report. B. Transportation Impact Report Exemption / A-I Trusses Major Site Plan - Consider staff recommendation to approve the request of Gregory Boggs for an exemption from Section 11.02.09 (A) (4), St. Lucie County Land Development Code which requires the preparation of a Transportation Impact Report. 11. COMMUNITY SERVICES A FY 00/01 Florida Department of Community Affairs Community Services Block Grant _ Consider staff recommendation to accept the grant in the amount of $100,S2S, and authorize the Chairman to sign all documents. B. Resolution No. 00-2SS - Consider staff recommendation to adopt the resolution urging the Governor of the State of Florida, The Florida Legislature, and the Healthy Kids Board of Directors to support replacing the requirement of a local match for the Florida Healthy Kids Program with State Funds. 12. INFORMATION TECHNOLOGY Budget Amendment Approval - Consider staff recommendation to approve the budget amendment in the amount of $2,838, to be funded by the State Attorney's Office budget, for the reclassification of a position to Network Administrator to support the State Attorney's Office. '-" ,..., .. , BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 17, 2000 Convened: 7:05 p.m. Tape: I Adjourned: 8:20 p.m. Commissioners Present: John·D. Bruhn, Chairman, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Ray Wazny, Public Works Director, Dennis Murphy, Asst. Community Development Director, Bill Blazak, Utilities Director, Pete Keogh, Interim Leisure Services Director, Don . West, County Engineer, Hank DuFour, Human Resources Director, Paul Phillips, Airport Director; David Kelly, Planning Manager, A. Millie Delgado, Deputy Clerk I. MINUTES (1-020) It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held October 10, 2000; and, upon roll call, motion carried unanimously. 2. PROCLAMATION/PRESENTATION A. Andy Feeney, Bell South presented the Board with a check in the amount of$250.00 for the Environmental Learning Center. B. Resolution No. 00-221- Proclaiming November 4,2000 as "Party in the Park Day" in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Barnes, to approve Resolution No. 00-221; and, upon roll call, motion carried unanimously. Mr. Bob Bangert, representing the Conservation Alliance, was present to accept the proclamation. C. Presentation- The Indian River Lagoon SWIM Plan Update was given by Deborah Drum, Senior Supervising Planner, South Florida Water Management District. 3. GENERAL PUBLIC COMMENTS -1- ~ ....,¡ Mr. Kevin Stinetta, Indian River Drive resident, thanked the Board for their support and the comments made by Com. Barnes regarding the slap,suit. Mr. Guy McKeown, area baseball coach, addressed the Board requesting their support for the St. Lucie County Showcase for our youths who are involved in baseball. He advised the Board that 103 of our youths in the State who participate in baseball have been drafted to the major leagues. Mr. Roger Sharpe, Indian River Drive resident, addressed the Board regarding the slap suit. Mr. Charles Grande, Hutchinson Island resident, requested the Board Expressway Authority representative, meet with the County Attorney to review the relationship between Fig Engineering and the Authority. He felt there may be a conflict of interest. Mr. Ed McKay, Hutchinson Island resident, thanked the Board for their support of those being sued by Fig Engineering. 4. CONSENT AGENDA(I-2534) It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the Consent Agenda; with the deletion of item C-4C; and additions A-I upon roll call, motion carried unanimously. I. WARRANT LISTS The Board approved Warrant List Nos. 55 and 2. 2. PUBLIC WORKS A. Contract Extension- The Board approved the Final Extension and Second Amendment to Contract No. C-96-10-087 and Contract No. C96-10-086 with Daniel M. Barker, to supply the Road and Bridge Division with mowing services for Subdivisions No. I and 2, and authorized the Chairman to sign all documents. B. Contract Extension- The Board approved the Second Amendment to Contract No. C-98- 05-553 with Green Scapes, Inc., to supply the Road and Bridge Division with mowing services for Subdivision No.3 and authorized the Chairman to sign the document. C. Amended Scope of Work/Indian River Estates/Savannas Ecosystem Management Project- The Board approved the amendment to the Work Authorization with Hazen and Sawyer for Phases III and IV of the Savannas Ecosystem Management Project in the amount of $242,200 approved the project budget as outlined, and authorized the Chairman to sign the amendment. D. Extension of Grant Agreement/Indian River Estates/Savannas Ecosystem Management Project- The Board approved Amendment No.3 to the grant agreement with the South Florida Water Management District for a 3 month extension, and authorized the Chairman to sign the amendment. 3. COUNTY ATTORNEY A. FY 2000 Grant Agreement- The Board approved the proposed grant agreement for the St. Lucie County Cultural Affairs Council, and authorized the Chairman to sign the agreement. B. Agreement Amendment- The Board approved the Second Amendment to the October 27, 1998 agreement with the St. Lucie Welfare Association, Inc., d/b/a Abbiejean Russell Care Center and authorized the Chairman to sign the amendment. -2- '-' --' C. Indrio North Savannas/Agreement Amendment- The Board approved Amendment V to the Grant Award Agreement and authorized the Chairman to sign the amendment and directed staff to record the document in the Public Records of St. Lucie County. D. Band E Houck Enterprises, Inc.,/Revocable Limited License Agreement- The Board approved the proposed limited license agreement and authorized the Chairman to sign the agreement. 4. HUMAN SERVICES A. Absolute Testing & Consulting, Inc.,/Agreement Amendment- The Board approved the Second Amendment to the Absolute Testing & Consulting Inc., Agreement extending the agreement until September 30,2001 and authorized the Chairman to execute the contract. B. Kelly Services, Inc.,/Agreement Amendment- The Board approved the First Amendment to the Kelly Services Inc., Agreement and authorized the Chairman to sign the agreement.. C. Annual United Way Cainpaign- This item was pulled. 5. COMMUNITY DEVELOPMENT A. Community Rating System/2000 Monitoring Report/Flood Plain Management Plan- The Board approved accepting the monitoring report and forwarded it to the Community Rating System. B. Road Impact Fee Creejit Agreement 00-003/Final Authorizations- The Board approved reconfirming prior action and authorized final execute of Road Impact Fee Credit Agreement 00-003. A-I ADMINISTRATION Security Guard Services for the Administration Building- The Board approved the contract extension with Burns International, appropriated required funding and authorized the Chairman to sign the contract extension. REGULAR AGENDA 5. COMMUNITY DEVELOPMENT(l-2552) A. Resolution No. 00-129- Mirabella- Consider staff recommendation to approve the resolution granting a major adjustment to an existing conditional use permit, and a major adjustment to an existing major site plan in order to permit the construction of a 28,000 square foot aircraft hanger, to be known as Mirabella (Hanger 10 West). It was moved by Com. Hutchinson, seconded by Com. Coward, to approve Resolution NO. 00- 129; and, upon roll call, motion carried unanimously. B. Resolution No. 00-130/Theresa and Edward Jackson- Consider staff recommendation to approve the resolution changing the zoning from the IX Zoning District to the AG-l Zoning District. Ms. Theresa Jackson addressed the Board on this issue. It was moved by Com. Barnes, seconded by Com. Coward, to approve Resolution No. 00-130; and, upon roll call, motion carried unanimously. -3- "-' ....I There being no further business to be brought befqr,e the Board, the meeting was adjourned at 8:20 p.m. Chairman Clerk of Circuit Court -4- ....., .."." AGENDA REOUEST ITEM NO. ;¿ lJ., DATE: October 24, 2000 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. 00-216 - Proclaiming the month of October, 2000, as "HEAD START AWARENESS MONTH" in St. Lucie County, Florida. BACKGROUND: Head Start is a comprehensive, family oriented child development program for low-income families; and has provided comprehensive health, educational, nutritional, emotional and social services to more than 822,316 children and their families. The Director for Agricultural and Labor Program Inc., of St. Lucie County, Florida, has requested that this Board proclaim the month of October, 2000 as Head Start Awareness Month. The attached Resolution No. 00-216 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-216 as drafted. [X] APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: Review and Approvals County Attorney: 11 Jd Management & Budget purchasing Other: Other: Originating Dept. Finance: (Check for Copy only, if applicable)___ Eff. 5/96 J. ~ "wi RESOLUTION NO. 00-216 A RESOLUTION PROCLAIMING THE MONTH OF OCTOBER, 2000, AS "HEAD START AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. Head Start is a comprehensive, family oriented child development program for low-income families. 2. Since its establishment on May 18, 1965, Head Start has provided comprehensive health, educational, nutritional, emotional and social services to more than 822,316 children and their families. 3. Major research findings document the program's lasting positive effects on children, and the month of October has been designated National Head Start Awareness Month. 4. The Hill Haven, Lincoln Park, Francina C. Duval, George W. Truitt Centers and the new Garden Terrace, Wee Wuns Center in Fort Pierce, along with the Momingside Center and Village Green in Port St. Lucie, will join more than 48,004 Head Start classrooms across the country for the purpose of promoting awareness and celebrating the accomplishments of Head Start. 5. The support of this community has made possible a local Head Start Program under the leadership of Mary T. Jones to service 571 children and their families in St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, that the month of October, 2000, is hereby proclaimed as "HEAD START AWARENESS MONTH" during their thirty-fifth birthday celebration in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 24th day of October, 2000. ",' ATTEST: ~ ......, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY .- .. 532 P01 SEP 14 '00 14:12 4641341 LLHAVEN HEAD START '-' ...., Otic", Jchn;ot'\ t:JWI f_ OMc.. ~IH"I Ofllç.: nol 4'1IC110oHf liner W'!~I.t HI".II. "orldl ".., vole. ....,..................... (t~l) 1511.:14" TOII-/,,, ..·.........._....u (IOC) ~~W.tl ,.. ............. . ............ Cf4') ....'357 C.u,11 .......,. .......... AI,~It...QI...... 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DATE: g:bj -aoò1J ~~ÙO Tl1\m: TO: Namc-.1lr~ ..1:)'\~-" TUI{t-.-Q.;- Qð L~ C!Dn) n")¡ ~s \~" c..JeLL ~ \,.p'ev~ Company City Facsimile Telephone No.:~ ~ Ô).-,;;¡ 161 FROM: sender:~Î\ Wall%-- Office Telephone NO.:~ -13 S Y Facsimile Telephone No. lj Co Y -l ~ \.l \ TRANSMITTAL MESSAGE: '4 M Ijqo.o l Oø~-,ty t,..;>Ioya, ~ 4641341 'LLHRVEN HEAD START 532 PØ2 SEP 14, '00 14:12 9-14-2000 Dear Mrs. Turner Hill Haven Head Start ·is requesting to be added to the County Com- missioner agenda for Oct. 24th at 9:00a.m. in reference to Head Start Awareness. Thank you, Vivian Walker 464-7354 '-' AGENDA REQUEST ....." ITEM NO. SA DATE: October24, 2000 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SU BJECT: Ordinance No. 00-40 (Amending Chapter 1-11, "Library") BACKGROUND: See attached memorandum fUNDS AVAILABLE: PREVIOUS ACTION: Permission to Advertise granted October 10, 2000 RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 00-40 as drafted. [x] APPROVED [] DENIED [ ] OTHER: Douglas Anderson County Administrator COMMISSION ACTION: County Attorney: ~ Review and Approvals Management & Budget Library Dir.: ~~ Purchasing: Originating Dept. 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: Heather Young, Assistant County Attorney C.A. NO. 00-1643 DATE: October 10, 2000 SUBJECT: Ordinance No. 00-40 (Amending Chapter 1-11, "Library") ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 00-40 which would amend Chapter 1-11 of the St. Lucie County Code of Ordinances and Compiled Laws regarding the library system. Under the proposed ordinance, the references to "Library Services Manager" would be changed to "Library Director" in accordance with the change in the position's title previously approved by the Board of County Commissioners. In addition, Section 1-11-4 would be amended to provide for the library advisory board's annual election of officers to be moved from November to January as requested by the advisory board. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 00-40 as drafted. Respectfully submitted, ~~ Heather Young Assistant County Attorney HY / caf Attachment · , '- \"",/ ORDINANCE NO. 2000-40 AN ORDINANCE AMENDING CHAPTER 1-11 "LIBRARY" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTIONS 1-11-2, 1-11-3 AND 1- 11-4 TO REFLECT THE CHANGE IN THE TITLE OF THE LffiRARY SERVICES MANAGER TO LffiRARY DIRECTOR; FURTHER AMENDING SECTION 1-11-4 TO PROVIDE FOR THE ANNUAL ELECTION OF LIBRARY ADVISORY BOARD OFFICERS AT THE JANUARY MEETING OF THE BOARD; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, on December 5, 1995, the Board of County Commissioners of S1. Lucie County, Florida, adopted Ordinance No. 95-46, which recreated the St. Lucie County Public Library System and was codified as Chapter 1-11, "Library", Article I (In General) of the S1. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, pursuantto Section 1-11-3, the Board delegated the responsibility for operating and maintaining the Public Library System to the County Library Services Manager; and, WHEREAS, the Board has changed the title of the Library Services Manager to Library Director; and WHEREAS, pursuant to Section 1-11-4, the Board created the S1. Lucie County library advisory board and provided for annual election of officers at the advisory board's November meeting; and, WHEREAS, the advisory board has requested that the annual election of officers be conducted during its January meeting. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of S1. Lucie County, Florida: Struck through words are deleted. Underlined words are added. 1 " ~ .~ PART A. AMENDMENT OF SECTION 1-11-2 (CREATION OF COUNTY LIBRARY SYSTEM) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-11-2 (Creation of county library system) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-11-2. Creation of county library system. There is hereby re-created and established in St. Lucie County, Florida, a county public library system, which system shall be composed of all libraries and related facilities which may, from time to time, be incorporated into the system by the board of county commissioners. The board of county commissioners of St. Lucie County is hereby designated as the single library administrative unit and governing body responsible for providing public library service to St. Lucie County residents. As such, the commi33iðn board retains the authority to adopt policies, plans and budgets, and enter into contracts on behalf of the library. The head of the county public library system shall be the library 3erviec3 manager director, who shall report to be under the direct supervision of the county administrator or his designee. PART B. AMENDMENT OF SECTION 1-11-3 (COUNTY LIBRARY SERVICES MANAGER) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-11-3 (County library services manager) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-11-3. County library services manager director. Responsibility for operating and managing the county public library systems shall be delegated to a county library 3erviee3 manager director qualified according to the standards established by the board of county commissioners of St. Lucie County, and Chapter 257, Florida Statutes. The county library 3crviec3 manager director shall have charge of the administration of the public libraries, subject to the review of the county administrator. The county library 3crvice3 manager director shall be considered aft ª nonvoting, ex-officio member of the library advisory board. The library 3erviee3 manager director will, as necessary, formulate policies and procedures Stnu:k through words are deleted. Underlined words are added. 2 ~ ~. to provide a safe and conducive environment for the public enjoyment and use of the county library facilities. PART C. AMENDMENT OF SECTION 1-11-4 (CREATION OF THE LIBRARY ADVISORY BOARD) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-11-4 (Creation of the library advisory board) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-11-4. Creation of the library advisory board. There is hereby created and established in this county a board to be known as the St. Lucie County library advisory board. (1) The St. Lucie County library advisory board shall consist of nine (9) members, six (6) appointed by said board of county commissioners and three (3) appointed by the Friends of the St. Lucie County Library, Inc. All members are to be chosen for their interest in public library service. Library advisory board members shall serve for three-year staggered terms. Members will attend meetings regularly; and unless such absence has first been authorized by a majority of the advisory board, members who are absent for three (3) consecutive regular meetings or who fail to attend two-thirds 2/3) of the regular meetings in any twelve-month period shall be automatically dropped from membership. The library services mM.agcr director, on behalf of the library advisory board, will recommend an individual to the board of county commissioners for appointment to fill the term of the member leaving the advisory board. Members may not serve consecutively more than two (2) full terms. (2) The library advisory board shall elect a chairperson, vice-chairperson, and secretary from the appointed board members at the NO'¡cmber January meeting of the board. A majority·of the members of the committee advisory board shall constitute a quorum sufficient to the holding of a meeting or taking of any action. A majority vote of the members present at any meeting shall be sufficient to enable the taking of any action. Special meetings of the advisory board may be called by the chairperson, by written notice signed by three (3) members of the committee advisory board or by action of the committee advisory board at any meeting, general Struck through words are deleted. Underlined words are added. 3 (3) (4) PARTD. ...., ....." or special, upon no less than twenty-four (24) hours' notice. Minutes shall be kept of all meetings of the committee board, and all meetings shall be public. Members of the library advisory board shall serve without compensation, salary or remuneration of any nature; but the eomm:Ì33ion board of county commissioners may provide in the annual county budget, sufficient funds for the reasonable and necessary expenses incurred by the advisory board or its members in the perfonnance of the duties and functions prescribed by the provisions of this article. All such expenses shall be subject to approval by the board of county commissioners. The library advisory board shall be composed of citizens who are dedicated to t he purpose of providing a feasible, adequate public library system for St. Lucie County in cooperation with all other governmental entities, who will be in a position to furnish infonnation, advice, counsel and recommendations to the board of county commissioners in respect to the appropriate means and methods by which adequate public library facilities and services may be provided, all of which shall be done within the framework of the county government in a sound financial basis for the use and benefit of all residents of St. Lucie County. The library advisory board shall work towards the development and implementation of sound programs for the county's public libraries through the mutual cooperation between the state, county and city governments and agencies, and shall coordinate efforts with non- governmental organizations interested in library facilities and service. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PARTE. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struek through words are deleted. Underlined words are added. 4 '-- ......, PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon its adoption. PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of S1. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\ordnance\2000\OO-40. wpd Struck through words are deleted. Underlined words are added. 5 '-' AGENDA REOUEST "'-" ITEM NO. 6ft DATE: October 24, 2000 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SQBJECT: St. Lucie County Cultural Affairs Council- Vacancy BACKGROUND: See attached memorandum CA 00-1686 FUNDS A V AILABLE: N/ A RECOMMENDATION: Staff recommends that the Board of County Commissioners appoint one of the persons nominated by the Cultural Affairs Council to fill one of the vacancies on the Council. [X] APPROVED [] DENIED [ ] OTHER: Sandra McNiff Appointed NCE: COMMISSION ACTION: ~. County Attorney: Iv Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ ~ .. '-' ..." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1686 DATE: October 18,2000 SUBJECT: St. Lucie County Cultural Affairs Council- Vacancy BACKGROUND: There are currently several vacancies on the Cultural Affairs Council. In accordance with Section 265.32, Florida Statutes, the Council is required to submit three (3) names to the Board of County Commissioners to fill any vacancy on the County Council. The Council has reviewed and accepted the following applications for Board consideration: I. Sandra McNiff 2. Dorothy "DeeDee" Roberts 3. Ramon Trias Copies of their applications are attached. CONCLUSIONIRECOMMENDA TION: Staff recommends that the Board of County Commissioners appoint one of the persons nominated by the Cultural Affairs Council to fill one of the vacancies on the Council. Respectfully submitted, ~9tJ Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Deputy Clerk - . '-' ......; ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL QUESTIONAIRE FOR PROSPECTIVE BOARD OF ADVISORS MEMBERS **ST.'LUCIE COUNTY .RÉSIDENCY REQUIRED** NAHE: CS 0..." 6-(' ~ ç{\ C ~ ~ ç ç AD D RE S S : \ \ ~ ~ E- \'<\ C\ '<\ \ ~ {\ ~ . ,~~~ ~. L,-^-~~. ð F L ~4 q~ ~ . TELEPHONE NUMBERS (6<0 j) 2>~ 6 - ð;);';2?> (HOBE) (? ~ / ) ~L/ q - 44 S? (HORK) BUSINESS AFFILIATION: S)ç. \-~~-'L ~~~ ~~_b~~\~ E. Sf..- \)-L~-l. lSt.L~~\N~ ~_..b..t-.:~~ .. t---- ~~) CUL'!'URÞ_L lŒ'F!LIAT!ON (S): ~. \ .n..~ \o..-Q . ~~~ \=' ~,,~ Q 'ù. J\.'U-.., \ - s~ö '-0~ ~\..~ ,S~.\<\~~:J ~\}J\.~ ~,,^~\Ç EXPERTISE/BÞ.CKGROUND: \'" ~"'-"" 4; ""'~ """'-~~ ~ ~ í\"" \ . L ~ ~ ~'>\£)~ I . ~\.~~. ~~~ ~~ ~~~\y. ~ . ~~~~ \ ) ~.\'l\~'~ ~~~~~~ \:'M.,~~~ I:::.~~ ( ~ ~..A..'-..J)). ~~~'\...~~~),r, C)' - J . '\ - '. I ~~ ~ ~0..>- G '"~''' \ oS ~ ~~'\.J\.I &.\,,~~~~'-J . \ Q'\~",-::, 0\ ~'^"~~ \~. " o..Ä . PLEASE INbICATE ANY OTHER P-ERNNENT IN~RMATIOl\ '~'ü..~~.\.""" ')~~~~~_, ~\\" . () . L ~~ . ~~~ ~..~ ~~ ~~' 0 cv....\...r~ ~~_''\.. ,~~ 0... Tv, ~ ~. . ~ ~ ~~~~ ~ ~ ~~"~'\fN-.\.~_~~~~"\Ju'\.. ~~~.) ~ ~ ~ ,~~~ ~.....à ~~,~'-'-!~. \À.-~ ~~~À ~~~" ~.J-..l~ ~v.~~~,~ ~'-J~~~ ~~~~~ ~ ~.\-",--~-1....~~\ ;;""'1Y QUES'I'IONS PLEASE CALL: 4G2'-1441 ~ ~ ~~ ~\\L\J..... ~r C~~, ~ ~ ~"...'-- ~.) ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL 2300 Virginia Avenue, Administration Annex Fort Pierce, Florida 34982 - ,0' '-' .....,¡ \ ., St. Lucie County Board of County Commissioners Application for Servinq on County Boards and Committees ).0 ~.... \:~ ¡ 'j 1 Thank you for applying for a position on one of St. Lucie County'S many advisory boards and committees. The minimum requirements for committee membership are: * Must be a County resident * Must not be related to another committee member. County Commissioner or County employee involved with the committee of interest * Must not be employed by the same business entity as other committee members. * Must not serve on more than 2 County committees Note: Some committees have additional requirements. please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interestS. Please complete the following information: 1. PLEASE INDICATE THE COMMITTEE(S) YOU ARE INTERESTED IN. SEE THE REVERSE SIDE 2. NAME: Dorothy IDeeDee" Roberts PHONE: 878-7263 3. HOME ADDRESS: 611 Ash Street. Port St. 'udp, Fl' 14QJ:;? 4. WHICH COMMISSION DISTRICT DO YOU LIVE IN? 5. BUSINESS/OCCUPATION Mu"pum <:;lIpprv; 50r 6. BUSINESS ADDRESS: St. ,'IIc:ip County Hi c;tnr;r;:¡l MII<:E'lIty'I 414 Zeaway Drive. F.P. 34949 PHONE: 462-1795 7. BRIEF RESUME OF EDUCATION & EXPERIENCE:(please attach resume) ~ DO YOu CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO. PLEASE LIST: Historir.:'Ll Commi""ion WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) INDICATED? I have been involved with fine arts for 20 t"hpr rill t"lIr<:!l art~ ~ WOULD you CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) COMMENTS: years 8. 9. 10. 11. = SIGNA TURE: "f-.- I.). - C\ 1 {/L u I\:,. .tÜ.t Ú DA TE1 ~tl.;'(( it"~ :!i.Jc: }., éU APPL t:A TION WILL REMAIN EFFE§n:VE FOR ONE YEAR Submit to:St. Lucie County Administrator's Office 2300 Virginia Ave.. Ft. Pierce, FI. 34982 Phone: 462-1453 ~ if. f -- , . ~ .- DeeDee (Dorothy D.) Roberts Board Member St. Lucie County Historical Commission DeeDee (Dorothy D.) Roberts has been a museum professional since 1980 and has worked as -- administrative assistant at the Museum of Arts and Sciences in Daytona Beach, the Elliott Museum in Stuart, and has been supervisor at the St. Lucie County Historical Museum since 1986. She has been a longtime member or subscriber to such professional organizations as the Florida Association of Museums (since 1980), the Southeastern Museums Conference, the Florida Historical Society, the St. Lucie County Historical Commission (recording secretary), and the St. Lucie County Historical Society (member since 1986). .....,¡ ~"-'-R--r .~: \; @ ~ ~ \iJ ~ \'\~ ~)~ \J' i' \ \ ....-- '),-~ Jf'-- 2. "J J: \-, 'I \. ." .-J \. - \ ro'--UNn' A""OB~'::_. ~-~-- .. ; -. ±=. Through these organizations she has established a wide network of fellow professionals and has received and given support to them. She attended George Washington University, Washington, D. C., and Indian River Community College to further her education in history, business management and computer operation. Because of her long experience, she is familiar with many facets of museum work such as conservation, interpretation, collection and exhibition. Her late husband, Bruce Elliott Roberts, was a marine painter, portraying historical sea battles, dorymen, and famous sailing ships. She assisted him with his research and with the detailed labels that accompanied each painting. In fact, their honeymoon was spent touring Revolutionary War battle sites in New England. Prio r to her marriage, she lived in the history-rich Greater Washington, D.C. and Alexandria, Virginia area. Dear Heather, Hope this fills the bill. This is an excerpt from the first issue of "History Alive" by the S~C Historical ,Commissi?n. The first issue is out of prlnt now, so I m encloslng a copy of the second issue. We are working on the third issue now. ,'I.'. "" ...., ST. LUCIE COUNTY CU L TCRA L AFFAIRS COCNCIL QU ESTIONAIRE FOR PROSPECTIVE BOARD OF DIRECTORS MEMBERS uST. LUCIE COU~TY RESIDENCY REQUIRED"'" NAM.E: f'.~ MiJ N TIZIA.~ ADDRESS: 703 f La f\.1 Db, AV(lJut Fo P\. í pi E"tV.Æ FL 34~SO TELEPHONE NUi'-IBERS: .4-&8 -70 ! ¡(HOME) 4(.0 - 2.2.00 BUSINESS AFFILL'-\.TION: vITY Or FOR..T (J1E1--CE (W 0 RK) CULTURAL AFFll,IATION(S): (Ptv&íZE:J5' ¡::..or<... \1'te ~H:W U'~ßAN¡J1'-1 ,A~vl,..¡ I í! 0¡iJf,-Þlt... CLu() OF- /-1\ (A ¡./\ I - EXPERTISEIBACKGRO'{J'""ND: ~Þ\o~e; Lo ~ 'þ.. J""þ f1 Þ.Sí~ '1 "DE 6~e.e;~ ot=" AfZcl-f lYE VW~ Ë ) fXTE'NSIV¿ UR()Afù b£SIGN A~.D (OWN fLA/lwING EXft(t¡elJcÆ-l F ~E. Q..l.ìEA.lT 1,6c.. íù ft.e R... I'" A. R.. T H" , STDr<- '( þ.¡ kID À ~VH íe<..:ru\Z.A L H \STõ ~'f . , TIt^I"'INC~ 'IV ~A. \ . PLEASE INDICATE ANY OTHER PERTTNEi"iT INFORMATION: 7~F;(" kl '~IíE'R-E~ r /U rut3L-Ic.. A-!2-T A:.~y QUESTIONS PLEASE CALL: 462-1441 ST.. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL 2300 Virginia Avenue7 ^dmini:n:ration Annex F on Pierce, Florida 34982 DATE RECEfYED: tJJ ~ ~ ~ * * n o E:; o n o ~ n ~ r"" ~ ....., VOTING BALLOT SUBJECT: CULTURAL AFFAIRS COUNCIL PLEAS£. SELECT ONE (1) Sandra McNiff ~ Dorothy "Dee Dee" Roberts Ramon Trias .- COMMISSIONER'S SIGNATURE: ~ '-" ....." VOTING BALLOT SUBJECT: CULTURAL AFFAIRS COUNCIL PlÆASE SEL£CT ONE (1 ) Sandra McNiff ",/ Dorothy "Dee Dee" Roberts Ramon Trias ~j /< .' ') ./~ ./ / / l./'./ COMMISSIONER'S SIGNATURE: .. :i7n/V?/YU~T:::~ \~ '-' ...",,¡ VOTING. BALLOT SUBJECT: CULTURAL AFFAIRS COUNCIL PLEASE SELECT ONE (1) Sandra McNiff I Dorothy "Dee Dee" Roberts Ramon Trias COMMISSIONER'S SIGNATURE: '-' ....., VOTING. BALLOT SUBJECT: CULTURAL AFFAIRS COUNCIL PLEASE SELECT ONE (1 ) Sandra McNiff / Dorothy "Dee Dee" Roberts Ramon Trias COMMISSIONER'S SIGNATURE: ~ ..... ........ VOTING BALLOT SUBJECT: CULTURAL AFFAIRS COUNCIL PLEASE SELECT ONE (1 ) Sandra McNiff ,/ Dorothy "Dee Dee" Roberts Ramon Trias . COMMISSIONER'S SIGNATURE: ~,;:.) d./ ;1fuHÁ! ?/ · JWt1""" . '-' AGENDA REQUEST ...." ITEM NO. 7 DATE: October 24,2000 REGULAR [x] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Approval of The Country Store Sub Shop "Sponsorship Agreement" for the new South County Regional Stadium. BACKGROUND: As part of the ongoing effort to obtain funding for the South County Regional Stadium corporate sponsorship packages are being offered. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMM ENDA TION: Staff requests that the Board approve Sponsorship Agreement with The Country Store Sub Shop and authorize the Chairman to sign. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: u Anderson County Administrator County Attorney: ,/\.. _--f I .~ ::t DV \/ .t¿. Coordination/Signatures Mgt. & Budget: Purchasing Mgr.: Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\sponsorship agreem. Country Store.wpd ~ , '-' '-...I SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT made and entered into this day of ,2000, by and between The Country Store Sub Shop, 5420 Orange Avenue, Fort Pierce, Florida 34947, hereinafter referred to as "Sponsor", and St. Lucie County, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as "County". WIT N E SSE T H: WHEREAS, the County is proposing to construct a South County Regional Stadium (" Stadium") located adjacent to the St. Lucie County Sports Complex and is soliciting donations for private parties to help fund construction of the Stadium; and, WHEREAS, Sponsor desires by this Agreement to pledge to County the amount set out in the Agreement for use by the County in funding the stadium; and, WHEREAS, County desires to accept the pledge by Sponsor pursuant to this Agreement. NOW, THEREFORE, in consideration of the sum of Ten ($10.00) dollars and other good and valuable consideration paid by County to Sponsor, receipt of which is hereby acknowledged, and each of the covenants and conditions hereinafter set forth, each of which shall be deemed consideration for the other, it is agreed by and between County and Sponsor as follows: 1. The foregoing- recitals are true and correct. 2. Simultaneously with the execution of this Agreement, Sponsor agrees to pay to the County the principal sum of Two thousand five hundred and 0/100 ($2,500.00) Dollars, payable in equal annual installments over a ten year period which indebtedness is evidenced by the Promissory Note of Sponsor (the "Note") in such sum, copy of said Note being attached hereto and made a part hereof as Exhibit "A". 3. COVENANTS OF SPONSOR. Sponsor does hereby warrant and represent that Sponsor has the authority to execute this Agreement. g:\atty\agreemnt\Country Store pàge 1 of 3 .' '-' ......, 4. COVENANTS OF COUNTY. In return for Sponsor's commitment, County agrees to provide the following to the Sponsor during each year in which Sponsor pays as set out in Paragraph 2: 4XB Advertisement Banner 5. REMEDIES. Tne County may either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights existing under the laws of the State of Florida, or granted and contained in this Agreement and the Note, and may enforce and compel the payment of all sums and the performance of all duties required by this instrument or by any applicable laws to be performed by the Sponsor or by any officer thereof. 6. MODIFICATION OR AMENDMENT. No material modification or amendment of this Agreement or of the Note may be made without the consent in writing of the County, provided, however, that no modification or amendment shall permit a change in the maturity of the Note, a reduction in the rate of interest thereon, or a reduction in the amount of the principal obligation thereof; nor shall any modification or amendment either affect the unconditional promise of the Sponsor to pay the principal of an interest on the Note, as the same shall become due. 7. SEVERABILITY OF INVALID PROVISIONS. If any provIsion of this Agreement should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions of, and in no way affect the validity of, all the other provisions of this Agreement or of the Note issued hereunder. 8. DELIVERY OF NOTE. The proper officers of the Sponsor have been duly authorized to execute this Agreement and the Note and to sign on behalf of the Sponsor any and all documents necessary or desirable in connection with the delivery of this Agreement and of the Note. 9. SITUS. The Note and this Agreement shall be governed by the laws of the State of Florida. Venue of any litigation shall be in St. Lucie County. 10. BINDING COVENANTS. All representations, covenants and warranties in this Agreement or in the Note shall be binding upon Sponsor and its successors and assigns and shall inure to the benefit of the County, its successors, endorsees, transferees or assigns. 9: \atty\agreemnt\Country Store pàge 2 of 3 '-' "'" 11. NOTICE. All notices, requests, demands or other communications provided for herein shall be in writing and shall be deemed to have been given upon posting in a United States Post Office, by registered or certified mail, return receipt requested, addressed to the party to whom such communication is to be given at its address as set forth at the head of this instrument, or to such other address as either party shall designate in writing in like manner. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their respective seals hereunto affixed the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITt~7~ í. ØllVn~í4~ÞP THE COUNTRY STORE SUB SHOP B(J )J)tf f~ I g: \atty\agreemnt\Country Store Pàge 3 of 3 -" ..., ......, NOTE PRINCIP AL AMOUNT: Two Thousand Five Hundred Dollars PAYMENT DATE: NOV€mber 1, 2000 KNOW ALL MEN BY THESE PRESENTS, that The Country Store Sub Shop ("Shop"), for value received, promises to pay to St. Lucie County, or registered assigns, Two hundred fifty dollars ($250.00) on or before November 1, of each year for a period of ten years beginning on November 1, 2000, payable by check or draft mailed to the Office of the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, Florida. The principal of this Note is payable in lawful money of the United States of America. WITNE~S7~: (~ ~;f;'xt::Ø- TRY STORE SUB SHOP ~ BY: EXHIBIT G:\A TTY\AGREEMNT\COUNTRY STORE-NOTE I J1A" '-" ""'" 10120/00 ST. LUCIE COUNTY - BOARD PAGE 1 FZABYARR . Á\ i. YARRANT LIST I 3-. 14-OC¡-2000 TO 20-0CI-2ooo FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 337,140.69 24,595.35 001001 Recreation Special Events 500.00 0.00 001125 TC Community Action Agency FY 99/00 160.49 0.00 001127 National Endowment Humanities !' 19.60 0.00 001128 Section 112/MPO/FBYA/Planning FY01 1;525.91 0.00 001130 TC Community Action Agency FYOD/01 14.13 0.00 001133 USDA-Treasure Our Trees 23.37 0.00 001137 Zora Neala Hurston Dust Tracks Heri 16.08 0.00 001248 TOC Planning Grant FY 99/00 49.77 0.00 001252 Urban Mobile Irrigation Lab Grant 327.59 0.00 001255 Fla Fish and Yildlife Conservation 90.35 0.00 001260 DCA Housing Survey 10.23 0.00 001807 Floridian Aquifer Yell Monitoring 327.59 0.00 101 Transportation Trust Fund 26,368.92 0.00 101002 Transportation Trust/80% Constitut 250,000.00 0.00 101006 Transportation Trust/Impact Fees 42,791.50 0.00 102 Unincorporated Services Fund 12,477.96 0.00 102001 Drainage Maintenance MSTU 251,017 .10 0.00 105 Library Special Grants Fund 484.90 0.00 107 Fine & Forfeiture Fund 31,858.41 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 5,538.97 0.00 113 Harmony Heights 3 Fund 199.41 0.00 114 Harmony Heights 4 Fund 439.12 0.00 116 Sunland Gardens Fund 486.88 0.00 117 Sunrise Park Fund 121.53 0.00 l1g Holiday Pines Fund 706.36 0.00 123 Queens Cove Lighting Distl13 Fund 247.70 0.00 136 Monte Carlo Lighting MSTU:f14 Fund 1,285.66 0.00 140 Port & Airport Fund 4,900.49 0.00 140001 Port Fund 107.30 0.00 160 Plan Maintenance RAD Fund 637.19 0.00 183 Ct Administrator-19th Judicial Cir 898.59 0.00 183001 Ct Administrator-Arbitration/Mediat 298.30 0.00 183004 Ct Admin.- Teen Court 727.12 0.00 185001 SHIP Housing Assistance FY 00/01 89,753.05 0.00 185204 FHFA SHIP 99/00 211.11 0.00 186 Recycling Operating Fund 337.14 0.00 186203 Recycling & Education 99/00 281.80 0.00 186204 Recycling & Education Grant FYOD/01 7.49 0.00 235 Becker Road I&S Fund 39,822.50 0.00 382 Environmental Land Capital Fund 195.00 0.00 401 Sanitary Landfill Fund 18,286.57 0.00 418 Golf Course Fund 8,972.20 0.00 421 H.E.Y. Utilities Fund 1.67 0.00 441 North Hutchinson Island Utilities 28.84 0.00 451 S. Hutchinson Utilities Fund 23.14 0.00 461 Sports Complex Fund 3,737.94 0.00 471 Holiday Pines Utilities Fund 5.85 0.00 "-,. - '~------.....,~.. ...... ~ ,,"' ,. ..-....,...- 10120/00 ~ ST. LUCIE COUNTY - BOARD "'" PAGE 2 FZABWARR . -'I i WARRANT LIST I 3-, 14-0Gl'-2000 TO 20-0CT-2000 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 491 Building Code Fund 4,478.53 0.00 501 Information Technology Fund 101,855.13 0.00 505 Health Insurance Fund 27,655.95 7,278.55 505001 Property/Casualty Insurance Fund 144.57 0.00 510 Service Garage Fund 4,064.80 0.00 611 Tourist Development Trust-Adv Fund 639.29 0.00 671 Wagner Plac~ Fund 122.90 0.00 673 S. Hutchinson Fund 346,368.75 0.00 " I" GRAND TOTAL: 1,618,793.43 31,873.90 .. - - ...... .," ~... ;~ . ·þ....p1J...... ~4_ ..--,.-- 10/20/00 FZABVARR '-' ST. LUCIE COUNTY - BOARD VOID LISTI 3- . 14-OCJ::-2000 TO 20-OCT-2000 ...",,¡ PAGE 1 .. FUND: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00263917 I2100121 St Lucie County Tax Collector FUND TOTAL: 73.45 73.45 ~ -- 10120/00 FZABVARR ~ LUCIE COUNTY - BOARD VOID USTI 3- 14-OCT-2000 TO 20-OCT-2000 -\0,' ~ ""wI! .. FUND: 505 - Heal th Insurance Fund CHECK INVOICE VENDOR TOTAL 1,868.79 1,868.79 00263917 12100199 St Lucie County Tax Collector FUND TOTAL: PAGE 2 --~'''''''''ö?~~'~r ~ 'l" ~ .~,.. - :.' -- '-" .....,I 10/18/00 ST. LUCIE COUNTY - BOARD PAGE 1 FZABVAr~ .. VARRANT LIST 1156- 12-0Cf-2000 TO 18-0CT-2000 FUND SUMMARY FUND TITLE EXPENSES PAYROLL ~. :',-'q 001 General Fund 50,804.11 167,921.00 001106 FTA-001-49 USC See 5307 (See 9) 1,843.00 0.00 001122 CDBG--Vorld of Plastics 1,150.00 0.00 001125 TC Community Action Agency FY 99/00 1,090.00 1,508.77 001127 National Endowment Humanities 0.00 153.11 00 1128 Section 112/MPO/FHVA/Planning FY01 5.65 2,498.61 001137 Zora Neala Hurston Dust Tracks Heri 0.00 806.30 001221 ool-DEP-Childrens's Enviro Museum 222.10 0.00 001245 TRIP Grant FY 99/00 16,797.00 0.00 001252 Urban Mobile Irrigation Lab Grant 110.74 576.93 001255 Fla Fish and Vildlife Conservation 0.00 430.79 001804 SFWM/SLSVCD VeIl Monitoring Program 81.07 0.00 001807 Floridian Aquifer VeIl Monitoring 16.51 576.93 101 Transportation Trust Fund 13,681.57 42,976.02 101002 Transportation Trust/80% Constitut 392.00 0.00 101003 Transportation Trust/Local Option 22,585.00 0.00 10 1006 Transportation Trust/Impact Fees 2,943.50 0.00 101211 FDEP Canal & Stormwater Retrofit 3,900.00 0.00 102 Unincorporated Services Fund 17,956.76 41,725.20 102001 Drainage Maintenance MSTU 3,695.00 1 , 800 . 00 105 Library Special Grants Fund 7,482.28 1,050.40 107 Fine & Forfeiture Fund 163,489.12 34,232.21 140 Port & Airport Fund 8,391.22 3,282.49 160 Plan Maintenance RAD Fund 583.54 1 ,077 . 60 183 Ct Administrator-19th Judicial Cir 33.75 1,550.41 18~001 Ct Administrator-Arbitration/Mediat 0.00 524.86 183002 Ct Admin.-Coun~ Arbitration/Mediat 150.00 0.00 183003 Ct Admin.-County Teen Court 19,082.00 0.00 183004 Ct Admin.- Teen Court 0.00 1,279.17 184202 Ft Pierce Inlet Mgmt Implementation 2,409.36 0.00 184803 FIND-Ft Pierce Inlet Hydrodynamic 1,807.02 0.00 185001 SHIP Housing Assistance FY 00/01 0.00 657.68 186 Recycling Operating Fund 2,575.00 589.49 186203 Recycling & Education 99/00 2,575.00 513.31 304 Communication System Fund 102.48 0.00 315 County Building Fund 6,152.00 0.00 316 Coun ty Capital 148.21 0.00 316001 Transportation Capital 47,789.71 0.00 352 SHI Vastewater Treatment Proj Fund '2,500.00 0.00 392 Ideal Holding Road MSBU Capital 7,434.17 0.00 401 Sanitary Landfill Fund 34,941. 78 13,764.03 401219 FDEP Vaste Tire 99/00 18,639.00 0.00 418 Golf Course Fund 5,296.35 9,439.31 421 H.E.V. Utilities Fund 0.00 95.80 441 North Hutchinson Island Utilities 588. 18 1,596.72 451 S. Hutchinson Utilities Fund 16,082.89 1,500.91 461 Sports Complex Fund 61.69 3,832.45 471 Holiday Pines Utilities Fund 431.95 0.00 10/18/00 FZABYAPR ~ ·>··,..,...,...·"t~-"'.,..·~,.. """. ST. LUCIE COUNTY - BOARD .....; PAGE 2 ... YARRANT UST 1156- 12-OCT-2000 TO 18-0CT-2000 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 491 Building Code Fund 377 .50 10,698.20 501 Information Technology Fund 165.42 33,208.64 505 Health Insurance Fund 26,817.59 1,473.19 505001 Property/Casualty Insurance Fund 0.00 790.00 510 Service Garage Fund 5,129.05 4,399.61 611 Tourist Development,Trust-Adv Fund 93.40 1,020.40 GRAND TOTAL: 518,603.67 387,550.54 !' ~ .-.:. " .1 'I " 'I ~. " ',.. i: ,', '--' AGENDA REQUEST ......., ITEM NO. -$- TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports DATE: October 24, 2000 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Doug Anderson County Administrator BACKGROUND: At the April!!, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee / Blueway Advisory Committee. Children's Services Council'/' Cultural Affairs Council SLC Expressway Authority Friends of SLC Library Property & Homeowners St. Lucie County Fire District Transportation DLCB I Treasure Coast Regional Planning Council Treasure Coast Community Alliance COMMISSION ACTION: FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A [x] APPROVED [ ] DENIED [ ] OTHER: Meetinq Date Monthly 2nd Thursday 2nd Tuesday 3rd Thursday 2nd Thursday 2nd Wednesday 3rd Wednesday 2nd Wednesday 3rd Friday Monthly CONCUR Commissioner Barnes Barnes Coward Lewis/Barnes Lewis Coward Bruhn/Hutchinson Lewis Coward/Hutchinson Bruhn CE: sAnderson ty Administrator County Attorney: Management & Budget Review and Approvals Purchasing: Originating Dept. Other: Other: ~ - \wt ...., AGENDA REQUEST ITEM NO. c! c2A DATE: October 24,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 00-220 - Authorizing and Approving Execution ofthe State of Florida Department of Community Affairs Statewide Mutual Aid Agreement; and Authorizing the Chainnan ofthe S1. 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 Fonn and Correctness. BACKGROUND: The Division of Emergency Management has replaced the previous Statewide Mutual Aid Agreement, dated April 27, 1994 and superseded the Public Works Mutual Aid Agreement due to a minimum scope of activity and public works being included in the new Statewide Mutual Aid Agreement, dated July 31,2000. The Statewide Mutual Aid Agreement was revised due to lessons learned from problems which arose since its inception in 1994. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-220 as drafted. COMMISSION ACTION: IX] APPROVED [ ] DENIED [ ] OTHER: D uglas Anderson County Administrator - ~. ~ ICY Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable)___ ...., purchasing Other: Eff. 5/96 '-" "-" RESOLUTION NO. 00-220 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OFTHE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS STATEWIDE MUTUAL AID AGREEMENT; 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 detenninations: I. The Department of Community Affairs and St. Lucie County are desirous of entering into the Statewide Mutual Aid Agreement which maximizes and coordinates the use of available emergency resources within the State and ensures faster reimbursements. 2. Utilizing Mutual Aid Agreements, regardless of the funding sources, is the best way to supplement emergency assistance to protect the health and safety ofthe residents located within the impacted area and is cost effective. 3. This Board should authorize and approve execution of the State of Florida Department of Community Affairs Statewide Mutual Aid Agreement. ~~------NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby authorize and approve exeC':tion of the State of Florida Department of Community Affairs Statewide Mutual Aid Agreeme"' . - '-" ...., 2. The Chainnan ofthe Board of County Commissioners is hereby authorized to execute the Agreement approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to fonn and correctness. 3. The St. Lucie County Public Safety Director is hereby directed to forward a copy of this resolution to Mr. Joseph F. Myers, Director of Emergency Management, State of Florida, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-21 00. After motion and second the vote on this resolution was as follows: Chainnan John D. Bruhn xx Vice Chainnan Frannie Hutchinson XX Commissioner Paula A Lewis XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 24th day of October, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -- II '-" ....., July 31,2000 STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEP AR T:MENT OF COlvllv1UNITY AFFAIRS, State of Florida (the "Department"), and all the local governments signing this Agreement (the "Participating Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those servIces. B. Such disasters are likely to exceed the capability of anyone local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division"), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. -- t '-' .....; July 31,2000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE 1. Definitions. As used in thi~ Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 - \..t ""'" July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). 1. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 3 '-" '-II July 31, 2000 Fla. Stat. (1999), or any ComrnW1Íty College District within the meaning of § 240.313(1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.0l(3)(a), Fla. Stat. (1999). N. A "local government" is any <educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County 4 '-" ...., July 31, 2000 of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party..,. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 '-' ...,¡ July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreemen!, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description ofthe types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; 6 '-" ~ July 31, 2000 G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for \ assistance under this Agreement detennines that it has the capacity to render some or all of such assistance, it shall provide the following infonnation to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such infonnation, the Assisting Party may use Fonn C attached to this Agreement, and the completion ofFonn C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 ~ ~ July 31, 2000 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and maj or disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 8 '-" ~.,,/ July 31, 2000 be responsible to provide food and shelter for the personnel of the Assisting party unless the Requesting party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party h¥ specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall detennine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subj ect to the following conditions and exceptions: A The Department shall pay the costs incurred by an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 '-'i 'oJ July 31, 2000 B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 v "wi July 31, 2000 other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (30) days to consider any docum~nts and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. 1. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 ~ ...." July 31, 2000 ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A Employees of the Assisting party who render assistance under this Agreement shall be entitled to receive from the Assi"sting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 ~ '-' July 31, 2000 Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for.,.such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include nonnal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and oflike grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 "" ...,J July 31, 2000 D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make it~ records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5 :00 p.m. on all weekdays other than official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itselfwhat insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 '-' -.J July 31, 2000 C. Any Participating Party that is self-insured with respect to any line or lines of in- surance shall file with the Division copies of all resolutions in current effect reflecting its detennination to act as a self-insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreem~nt shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent: that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 '-'" '-" July 31, 2000 Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbur~ement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on F om A attached to this Agreement. For the 16 - '-' ~ July 31, 2000 purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. AR 11 CLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A The execution of this Agreem,ent by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. 17 \..I 'wi July 31,2000 D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of ex,ecution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 '-' 'wi July 31, 2000 Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. TIlls Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with..,respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 '-' July 31, 2000 .....,; IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk .,. Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Chairman Date: Approved as to Form: By: County Attorney 20 '-' July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director ATTEST: CITY CLERK By: Title: '-J Date: CITY OF STATE OF FLORIDA By: Title: Date: Approved as to Form: By: City Attorney 21 '-" July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director DISTRICT, STATE OF FLORIDA By: Title: v Date: By: Title: Date: Approved as to Form: By: Attorney for District 22 ~ ......,¡ July 3 1, 2000 STATEWIDE MUTUAL AID AGREEMENT FORl\1 A Date: 9-25-2000 Name of Govemment: St. Lucie County Mailing Address: 2300 Virginia Avenue City, State, Zip: Ft. Pierce, FL 34950 Authorized Representatives to Contact for Emergency Assistance: PrimarY Representative Name: Jack Southard Title: Public Safety Director Address: 101 N. Rock Road, Ft. Pierce, FL 34945 Day Phone:(561) 462-1736 Telecopier: (561) 462-1737 Night Phone: (561) 564-0369 InterNet: JackS@Stlucieco.gov First Alternate Representative Name: Don Daniels Emergency Management Coordinator Title: Address: lOIN. Rock Road, Ft. Pierce, FL 34945 Day Phone: (561) 462-1771 Telecopier: (561) 462-1774 Night Phone: (561) 465-7144 InterNet: donaldd@stlucieco.gov Second Alternate Representative Name: Douglas Anderson Title: County Administrator Address: 2300 Virginia Avenue, Ft. Pierce, FL 34950 Day Phone: (561) 462-1450 Telecopier: (561) 462-2131 Night Phone: (561) 871-1217 InterNet: DOUGA@stlucieco.gov PLEASE UPDATE AS ELECTIONS OR APPOINTjWENTS OCCUR Rerum to:Depamnent of Community Affairs-Division of Emergency Management 2555 Shumard Oak Boulevard - Tallahassee. Florida 32399-2100 7'" _.J '-' ....., July 31, 2000 STATEWIDE MUTUAL AID AGREE~T Form B Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 '-' ......., July 31, 2000 STATEWIDE rvruTUAL AlD AGREEMENT Form B 4. Types of Resources Needed: 5. Description of Infrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 ~' -.."",; July 31, 2000 STATEWIDE MUTIJAL AID AGREEMENT Form B 8. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: 26 ~. 'wi July 3 1, 2000 STATEWIDE MUTUAL AID AGREEMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterN et: 1. Description of Resources : 2. Estimated Time Resources Available: 27 - - ....... - - - ~ ......,¡ July 31, 2000 STATE\VIDE MUTUAL AID AGREEMENT Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: 28 - -- -- , '-' ~ AGENDA REOUEST ITEM NO. C 2B DATE: October 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 00-222 - Proclaiming the Month of November, 2000, as "Epilepsy Awareness Month" in S1. Lucie County, Florida. BACKGROUND: Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings. Epilepsy can effect anyone, at any age and at any time. More than two million Americans are afflicted with some type of Epilepsy and ofthis number, 150,000 are Florida residents. Mr. Jerry Pizza, Chairman of the Committee for Epilepsy Awareness, has requested that this Board proclaim the month of November as Epilepsy Awareness Month in S1. Lucie County. The attached Resolution No. 00-222 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-222 as drafted. [X] APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: o glas Anderson Co nty Administrator County Attorney: () . <....1/ I . . ',f"' Review and Approvals Management & Budget purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ... ;' ~ '-.I RESOLUTION NO. 00-222 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 2000, AS "EPILEPSY AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: I. Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings. 2. As long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder. 3. A seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses. 4. Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown. 5. Epilepsy can effect anyone, at any age and at any time. More than two million Americans are afflicted with some type of Epilepsy and of this number, 150,000 are Florida residents. 6. With the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled. 7. Lack of education about this disorder has contributed to age old myths, superstitions and prejudices; and the stigma associated with this disorder is sometimes worse that the disorder itself. '-t "'-' 8. People who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance. 9. Studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. I O. Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 2000, as "EPILEPSY AWARENESS MONTH" in St. Lucie County, Florida. 2. The County Administrator is hereby directed to forward a copy ofthis resolution to Mr. Jerry Pizza, Chairman, Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg. K. Apt. 302, Margate, Florida 33063-2189. PASSED AND DULY ADOPTED this 24th day of October, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \/J \\ ) f'I 'v rr ) ,~ p? ~) \ ,r y\ If vi v {¡"V:) / þ ~/ JI ÃJ Bill Naulty, Secretary .If '1- (561) 798-2798 f 'µ t ~'¡ G l l If ~ ~~ ". ~ ""'" .~ ,/-t _ ) \-" ~/ ¢~~v\ COMMITTEE FOR EPILEPSY AWARENESS 6670 ROYAL PALM BLVD BLDG. K APT. 302 MARGATE, FLORIDA 33063-2189 Jerry Pizza, Chairman (954) 984-8319 October, 2000 Dear ~~ , ,1\ ~ The month of November is "NATIONAL EPTI..EPSY AWARENESS MONTH". The Committee for Epilepsy Awareness would greatly appreciate your assistance in helping bring about an awareness of this disorder. Due to lack of correct information and an abundance of misinformation, people afflicted with Epilepsy have been discriminated against in all walks of life. It is our goal to remove the ancient myths, superstitions and prejudices associated with this disorder and educate people as to what Epilepsy is and what Epilepsy is not. Enclosed, please find a copy of our resolution. Tfyour municipality participates in our awareness campaign, please send a copy of the resolution or proclamation to: Jerry Pizza - Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd. Bldg. K. Apt. 302 Margate, Florida 33063-2189 Thank you in advance for your interest in and concern for people afflicted with Epilepsy. -' 0 \l- ~(}J Sincerely, . ~~_______._ ! '. .. Lit; , OCT - 2 2000 I ...-.--.....- L__ '~~~~__~~~~.~'~~ ~\~_._ I:) F F: :~, C _... d_~____~_ ,,- . . ~ ....,I COMMITTEE FOR EPILEPSY AWARENESS Jerry Pizza - Chairman (954) 984-8319 William C. Naulty - Secretary (561) 798-2798 RESOLUTION DECLARING NOVEMBER, 2000 AS NATIONAL EPILEPSY AWARENESS MONTH WHEREAS, Epilepsy, also knovm as Seizure Disorder, has afflicted mankind since the daWn of our species and has been recognized since the earliest medical writings, and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tUmor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any time, and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and ~ -..."I WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance, and WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. Be it resolved, that the governing body of: does hereby declare the month of November as National Epilepsy Awareness Month. Be it further resolved, that a copy of the Resolution or Proclamation be sent to the Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg .K., Apt. 302, Margate, Florida 33063-2189 - - " '-'" AGENDA REQUEST IT~ NO. C-2C DATE: October 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Children's Home Society of Florida, Treasure Coast Division - First Amendment to June 22, 1993 Facilities Use Agreement BACKGROUND: See attached memorandum CA 00-1672 FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the June 22, 1993 Facilities Use Agreement with the Children's Home Society, Treasure Coast Division, and authorize the chairman to sign the amendment. [~ APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: County Attorney: 0/)5: . 'v I Review and Apvrovals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ r' ~ ....,.I f INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1672 DATE: October 16,2000 SUBJECT: Children's Home Society of Florida, Treasure Coast Division - First Amendment to June 22, 1993 Facilities Use Agreement BACKGROUND: Attached to this memorandum is a copy of the proposed First Amendment to the June 22, 1993 Facilities Use Agreement between the County and the Children's Home Society of Florida, Treasure Coast Division for the facility located 4520 Selvitz Road in Fort Pierce. In addition to extending the term of the agreement through June 31, 2001, the amendment also provides for the Children's Home Society to assume maintenance responsibilities for the facility. CONCLUSIONIRECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the June 22, 1993 Facilities Use Agreement with the Children's Home Society, Treasure Coast Division, and authorize the chairman to sign the amendment. Respectfully submitted, ~~ Heather Yo g Assistant County Attorney Attachment HY/ Copies to: County Administrator Central Services Director Finance Director Risk Manager Contracts Coordinator !' '-' '-" ¡ FIRST AMENDMENT TO JUNE 22, 1993 FACILITIES USE AGREEMENT TIDS FIRST AMENDMENT is dated this _ day of , 2000, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and CHILDREN'S HOME SOCIETY OF FLORIDA, TREASURE COAST DIVISION, hereinafter referred to as "CHS". WHEREAS, the parties entered into a Facilities Use Agreement on June 22, 1993, hereinafter referred as the "Agreement" , for the use of the County-owned facility located at 4520 Selvitz Road, Fort Pierce Florida, hereinafter referred to as the "facility"; and, WHEREAS, whereas CHS desires to extend the tenn of the Agreement through and including June 30, 2001; and, WHEREAS, the County desires to amend the agreement to require CHS to assume responsibility for maintenance of the facility and to further provide for annual maintenance inspections of the facility. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the June 22, 1993 Agreement as follows: 1. Paragraph 3. TERM is hereby amended to read as follows: 3. TERM The tenn of this Agreement shall be for the period beginning July 1, 1993 through and including June 30, 2001, unless otherwise tenninated as provided herein. The tenn of this Agreement:rmy be renewed for four (4) additional one (1) year periods, upon the same tenns and conditions. -1- ,. '-" '-' ..) ; 2. follows: Paragraph 11. REPAIRS AND MAINTENANCE is hereby amended to read as 11. REPAIRS AND MAINTENANCE CHS agrees at its expense to keep and maintain the Facility, including grounds, furnishing, fIxtures, and personal property in a good state of repair and condition. CHS agrees at its expense to make all routine repairs to the Facility, including electrical, plumbing, air conditioning, roof, sewer conditions, and all other repairs that may be required to be made, excluding structural repairs, and CHS shall at its own expense keep the building interior, exterior, fIxtures and equipment in a good state of repair, in good condition and at all times well painted CHS at its expense to the County upon the termination of this agreement, the Facility in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fIre excepted. CHS shall, through the tenn of this agreement assume the entire responsibility and shall relieve the County from all responsibility for repair and maintenance whatsoever to the Facility, which shall include but not be limited to all repairs necessitated by the action of CHS, or its agents, servants, employees, clients, customers, patrons, or invitees. CHS shall keep the Facility at all times in a clean and orderly condition and appearance and all of CHS' s fIxtures, equipment and personal property which are located on any part of the Facility which are open or visible to the general public shall likewise be so kept and maintained. CHS shall be responsible for the maintenance and repair of all utilities service lines that CHS is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. CHS shall, at all times during the tenns of this agreement take appropriate anti-erosion measures to prevent or restore erosion caused by CHS, its agents or employees. In the event CHS fails in any material respect to so maintain, clean, repair, replace, or rebuild the Facility within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, then the County may at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the Facility included in such notice, and the cost shall be payable by CHS immediately upon demand of the County. On or before March 3 pI of each year of this Agreement, beginning March 31, 2001, the County Central Service Manager, or his designee, shall inspect the Facility. Following each inspection, the County shall provide CHS with a list of any required repairs, replacement or maintenance and a schedule for completion of such items. In the event CHS fails in any material respect to complete such items in accordance with such schedules, the County may terminate this agreemeI1 -2- ~ '-" ; in accordance with the Paragraph 2 on thirty (30) days prior written notice. The County may at its option, in addition to or as an alternative to termination, complete the listed items and the cost shall be payable by CHS immediately upon demand of the County 3. Except as amended herein, the remaining terms and conditions of the June 12, 1950 agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and CHS has affIxed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CHILDREN'S HOME SOCIETY OF FLORIDA, TREASURE COAST DIVISION BY: NAME: TITLE: g:\atty\agreemnt\1a -CBS. wpd -3- -r- , y' '-' 'wi AGENDA REQUEST ITEM NO. C-2D DATE: October 24, 2000 REGULAR [ PUBLIC HEARING CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Resolution No. 00-254 - Special Warranty Deed Midway Industrial Park, Phase II - Right-of-Way Dedication BACKGROUND: Attached for your review, consideration and approval is a copy of the executed Special Warranty Deed for the forty (40) additional feet of road right-of-way associated with the future widening of West Midway. The right-of-way dedication is in compliance with Community Development Administrative Order CD-00-009, Paragraph A(l) (copy attached) . FUNDS AVAIL.: N/A PREVIOUS ACTION: June 19, 2000 _ Community Development Director through Administrative Order CD-00-009 granted approval to the Minor Site Plan for the Minor Plat known as Midway Industrial Park, Phase II. This approval was granted subject to the developer conveying to St. Lucie County forty (40) additional feet of road right-of-way associated with the future widening of West Midway Road. July 25, 2000 _ The Board granted conceptual approval to the final Plat for Midway Industrial Park, phase II and to Draft Road Impact Feed Credit Agreement 00-003. October 17, 2000 Agreement 00-003. _ The Board authorized the final execution of Road Impact Fee Credit RECOMMENDATION: Staff recommends that the Board accept the Special Warranty Deed from Midway properties of St. Lucie County, L.C., authorize the Chairman to execute Resolution No. 00-254, and instruct staff to record Resolution No. 00-254 and the Special Warranty Deed in the Public Records of St. Lucie County, Florida. [X ] [ ] APPROVED OTHER: DENIED " .......... gl sAnderson u y Administrator .J COMMISSION ACTION: C!,¿ 1-/1 Review and Approvals .J 1 / XX Public Works: ~ XX County Engineer:~ Other: XX County Attorney: XX Originating Dept. : .~ --- Finance: (Check for Copy only, if applicable) Purchasing: Eff. 5/96 G:\ACQ\WP\JOAnn\Midway Industrial Park\Resolution 00-254 Agenda.wpd '-' " I ~ (]\IO~ SNI>lN3r H.lnOS § q 8 q ~ i ~ o e. ãì g o N è!; o I o ~ N o ~ ON qg go !e. ~OV'~ '3 6£ --;-~ - -- - -- - - ~ ~ o o o N o o ~ o !e. ~ ,.... 'ot' oi ... ~-tI~-.{ ,,~ o - < ~ -i ~ a It) -i ~ 8 ori (;)\.0\ of'. I...\\~SJO """ ~. ill MILNER ~ ¡:...~ (J" ~~ ¡-~ '-" >.,I RESOLUTION NO. 00-254 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, that: The foregoing Special Warranty Deed is duly accepted on behalf of St. Lucie County this 24th OCTOBER, 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:\ACQIWPlJoAnnlMidway Industrial ParklResolution 00-254.wpd ~ .....,¡ Please return to: CH BX 76 Treasure Coast Title File no. 00-5090 TI This Instrument Prepared by/ Return to: Frank H. Fee, III, Esquire Fee, Kobfegard & DeRoss 401 South Indian River Drive Fort Pierce, Florida 34950 JOANNE HOLMAN, CLERK OF THE CIRCU T COURT - SAINT LUCIE COUNTY File Numbeí: 1836236 OR BOOK 132 PAGE 917 Recoíded:08/29!OO 14:56 '" Doc HSSUffiP: ¡f- 0.00 .1' .:¡:. * Doc Tð.X .-¡. 0.70 '" .... Int Tôx ¡f- 0.00 ", .:¡:. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, executed this ''J~ay of ~ , 2000, by MIDWAY PROPERTIES OF ST. LUCIE COUNTY, L.C., a Florida limited liability company and RON THOMAS JONES and ANNE CODY JONES, as Ancillary Co-Personal Representatives of the Estate of THOMAS C. JONES, deceased hereinafter called the Grantor, to ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 hereinafter called the Grantee: (Wherever used herein. ¡he terms 'Grantor" and "Grantee' shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That the Grantor, for and in consideration of the sum of $10.00 in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee forever, all that certain land situate, lying and being in the County of S1. Lucie, State of Florida, to-wit: FOR LEGAL DESCRIPTION, SEE COMPOSITE EXHIBIT "A" APPENDED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that at the time of the delivery of this deed, the premises were free from all encumbrances made by Grantor and that Grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. '-" ....,¡ OR BOOK 1324 PAGE 918 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered in the Presence of: / v;"rWitness RON THOMAS JON S, as A iIIary Co-Personal Representative of th e of THOMAS C. JONES, deceased ANNE CODY JO as Ancillary Co-Personal Representative 0 the Estate of THOMAS C. JONES, deceased STATE OF GEORGIA COUNTY OF Tffv/7AS STATE OF GEORGIA COUNTY OF -r.flv/1 A-S My Commission Expires: My Commission Number: '-' ......,¡ OR BOOK 1324 PAGE 919 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered in the Presence of: By: Edwin C. Lunsford, Jr. Managing Member , Witness STATE OF FLORIDA COUNTY OF ST. LUCIE -I;j _ I HEREBY CERTIFY that the foregoing instrument was acknowledged before me thisL.;l day of J 14 Iv , 2000, by EDWIN C. LUNSFORD, JR., as Managing Member of MIDWAY PROPERTIES OF s1"': LUCIE COUNTY, L.C., a Florida limited liability companYð1ño IS personallV known to rrm,or who provided as identification and who did not take an oath. ¡-","1'~ JoAnn Hataway Gant ~ MY COMMISSION # CC 823370 "':'.!II' '1'1'", f\oo:.~ EXPIRES: April 25. 2003 1.~aTARY F1a. Notary Service & Bonding Co. FROM ..110. " - 07-06-00 03'57PM TO 161 !llZ P 5/6 .~ : COMPOSITE EXHIBIT "A" (Page 1 of 2) L e 9 a I Description Being a portion of Tracts 10, 11, and 12, in the Northwest one-quarter of Section 6. Township 36 South. Range 40 East. of MODEL LAND COMPANY SUBDIVISION. os recorded in Plat Book 4, Page 34-, public records of St. Lucie County, Florida. and being more particularly described as follows: BEGIN at the Southeast corner of lands deeded to Treasure Coast Truss Co., Inc., os recorded in Official Records Book 422. Page 2789, of the public records of St. Lucie County, Florida, said paint lying in the northerly right-ot-way line of West Midway Rood, on 80 foot wide right-of-way. thence N 89'54'46" E. along the said North right-of-way of Midway Road, 0 distance of 601.99 feet to the westerly right-of-way line of South Jenkins Rood as shown on the Plot of MIDWAY INDUSTRIAL PARK. as recorded in Plat Book 38. Page 35, public records of St. Lucie County. Florida; thence N 00·05'14" W. along said westerly right-at-way line, a distance of 20.00 feet: thence continuing along said westerly right-of-way line, N 44'52'52" E a dístance of 28.27 feet to the intersection with a line 40.00 feet northerly of, os measured at right angles. and parallel with the said North right-of-way tine of Midway Rood; thence S 89'54'46" W, along lastly said line, a distance of 621.80 feet to the east line of said Treasure Coast Truss Co., Inc. lands; thence S 00'08'55" W a distance of 40.00 feet to the POINT OF BEGINNING. Cantoning 0.56 acres. more or less. 1 HEREBY CERTIFY THAT THIS DESCRIPìlON AND ACCQIoIPANYlNG SKE.TCH cowPUES WITH 11-IE wINIWU'" TECHIoIICAL STANDARDS AS SET FOR11-I IN CHAPTER 51G17~ ~TE:D ~~D" ~ SUR~yæS, PURSUANT TO FLORIDA ST!lTUTE 472.027. DATE:: 'l¡ 5. ~(#t:1.8Y CO RICHARD c. LA\ÆHTURE. P.L.S. 5209. r -., Sheet 1 of 2 SKETCH OF DESCRIPl10N OF ADDI1l0NAL RIGHT-OF-WAY File: 8739.5.dwg Dote: 7/03/00 CONSUL TING ENGlNEe:RS & LAND SUR'ÆYORS 2900 souTH 2~m s1RŒT ,.CRT PlŒa:. f"\.ClRlDI> ,)69ðZ (.Q7) .&8.- Jð37 Preøared F nr CT9JLPEP~ · -~"""l'£RPENING.IIiC. MIDWAY INDUSTRIAL PARK T<:<::h: GLM - ..... CJ ;;:0 ro CJ CJ :::0<:: I--'- (.. r··J +>- -0 :D G1 Iî1 '-.0 r-.J o FROM ~ 07-05-00 03:57PM TO ~' -~451 COMPOSITE EXHIBIT "A" (Page 2 of 2) OF LEGAL DESCRIPTION =12 P.5/5 SKETCH o \00 zoo . ., I SCAlE IN FEET THIS IS NOT A SURVEY 1 I I I Lot 10 I T(e<I~"¡r. CoGat T""... Co.. Inc. CIS r'¿or<Ù4 in O.R. Boo!<. 422 P098 rz189. public record~ 0' St' Lucie CoutIty. Florida.. I I I POI~ OF BEGINNING South.,øst C .. of Treasurc COQ,t Truss Co., I" lands as recorded In O.R. Book 42 , P0ge 2789, publk: records of St Lucie County. noridG. I I Lot 11 ILot I PROPOSED Pt.A T OF I,4ID'I'I" Y INDUS~IAl PARK PHASE 2 1 2 Lot 2 Lot MIDWAY INDUSTRIAL PAR As recorded In Plot 6q¢k 38, Page 35, Public recorda of st. Lucie County. FLorida. N . -4 .:--i-'#ÆST MIDWAY ROAÒ (C.R. 712) I - q L (80' R/W) I 5oo'09'On 109.56': I - -""-'--~71 ~-- - - \: - - sam< UIOE oF niE NORtH '/2 oF. N.S.L.R.W.'-4.0. CANAL NO. 'O~"""'\. ¡:. = DELTA S£c=T1004 e ro...._ 111' "din[ 1SI ~. ~ It = R....OIUS \. '" ....RC LENGTH PC - PAC€: pe - PLAT 8001< poe = POINT OF BEGINNING POG = POINT or CO""WENCGlENT PL5 = PROfESSIONAL LAND SUR\ÆYOR t. . CENTE:R LINE O.R. = DFflCIAL RECORD 8001< R/W = RIGHT-Of-WAY C.R.= COUNTY ROAD 1'10..= NU....SER N.S.LR.W,M.D.. - NORTH ST. LUCIe: RIIi(R W...1t:R I,IA......Œw£MT DISTRIC1 o 7-1 I:¡:I o o ^ I-'- tA 1",.) .þ. -0 :I> G1 f'T1 ....0 J"'.) I-'- BEARIHGS s¡.¡O¥ltl HEREON ARE ASsuwED AND RfLAìtD TO -niE l'iORTHERLY RIGHT-OF-WAY LINE or 'IllEST 1ot10"'A Y ROAD '11111H A BEARING 8ASE OF' H89"54'46"E Sheet 2 of 2 Tech: GLM CTh~, -~=1ERPEHING.øoc. CONSUL TING ENGINEERS & uo.NO SURvE'YORS 2980 SDUni 2~'fI S1Rf£T FORT PIERCE. F\.CI!IO.... ~96Z (56\) 4M-~7 SKETCH OF DESCRIP1tON Œ ADDIT10NAL RIGHT -OF - WAY Prep<lf e<I f' Of MIDWAY INDUSTRIAL PARK File: 8739.5.dwg Date: 7/03/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ( 22 -..; 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ( -- Î\Lç: ,-,"Oc? 'F,t0 ~ C. Ù:~ ______ ~.'" ' - --- ( , ~ \O,y, "~,, '0- C_,;'.-\.x ',~ Cb 8.UAClu- iy:-~,-;n_07 - ,L riì"! - '1;.0 " 2000 ": ¡ ,.--,' ! : I ''''''\ _:i'!T \ .~. CD-OO-OOg File No.: [MNSP]-OO-011 AN 'ORDER GRANTING MINOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS MIDWAY INDUSTRIAL PARK, PHASE II. HEREAS, the St. Lucie County Community Development Director has reviewed th pplication for site plan approval submitted by Mr. Richard Ladyko, Culpepper erpening, Inc., reviewed the comments of the St. Lucie County Development Revie ommitteeon this application, and made the following determinations: 1 . Edwin Lundsford presented a petition for a Minor Site Plan approval to allow a three-lot subdivision, to be known as Midway Indu~trial Park, Phase II, in the IH (Industrial, Heavy) Zoning District fòr the property described in Part B and generally located at the northwest corner of the West Midway Road and South Jenkins Road intersection. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet technical requirements of the Land Development Code and'to be consistent with the 51. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives, and standards of the S1. Lucie County Comprehensive Plan and the S1. Lucie County Land Development Code. 4. The proposed project will. not have an undue adverse effect on adjacent property, the character of the neighborhood. traffic conditions. parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 6. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, S1. Lucie County Land Development Code. . 'f ile No.: MNSP-oO-011 une 19,2000 CD Order 00-009 Page 1 ;::0 ï1 C-I ro 1-" 0 n ......::D oroz: ..., z: Cl. z: rn roc Cl.;3:I: .. cr CJ oro, 0''''' :3: .......... .. :I:> c....J :z: o ~ '-I-' o OJ C""J ONI orn c....J ;::0 I-' 0' ;><; 00 .. 0 ....J CJ ï1 c....J :::0 -I ta :I: orn C] ~ C""J 1-1 1-';::0 L' C""J I-' c= 01-1 -I -0 ::D C""J mC] rnc= ;::0 ....J-I ...0 ...0 I N CO ::D 1-1 :z: -I , c= C""J 1-1 fT1 C""J C] c= :z: -I -< ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ( '-" """ NOW, THEREFORE, BE IT ORDERED: Pursuant to Section 11.02.09 of the St. Lucie County Land Development Code, the Minor Site Plan for the project to be known as Midwa Industrial Park Phase II be, and the same is hereby, approved as shown on the site plan drawings for th project prepared by Richard Ladyko, P.E., dated April 4, 2000 and revised on Ma 2, 2000 and date stamped received by the St. Lucie County Communi Development Director on May 16, 2000, subject to the following conditions: 1 . Consistent with other development approvals granted along West Midway Road, prior to, or as part of, the final platting of the subject property, the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 40 foot of additional right- of-way along the site plan's southern property line for the future widening of West Midway Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 2. Prior to any approvals for any lots within Phase \I of the Midway Industrial Park, all permits from the South Florida Water Management District (SFWMD) and Army Corp of Engineering (ACOE) for wetland impacts must be submitted to the Community Development Department. 3. Prior to recording of any final plats for this minor subdivision, and in order to eliminate the proposed impacts to Wetland B, the applicant shall relocate the 30' access easement for Lot 1 entirely outside the boundaries of Wetland B. Proof of this relocated access easement shall be demonstrated on the final subdivision plats. 4. Prior to the recording of any final plats for this minor subdivision, the developer shall place a Conservation Easement over the existing wetlands found on this property, and as generally depicted in the attached site plan. This conservation easement shall be in favor of, and approved by, St. Lucie County, however it may include provisions whereby upon meeting all appropriate local, state and federal permitting requirements, the eventual site developers of Lots 1 , 2 and 3 may petition the County to release portions of this Conservation Easement in order to provide for wetlands mitigation as may be permitted under the St. Lucie County Land Development Code. B. The property on which this site plan approval is being granted is described a follows: Being a portion of Tracts 9, 10, 11 and 12, in the Northwest one-quarter of Section 6, Township 36 South, Range 40 East, of MODEL LAND COMPANY SUBDIVISION, as recorded in Plat Book 4, Page 34, Public Records of St. Lucie County, Florida, and being more particularly described as follows: .' ~ co Order OO..()()9 Page de No.: MNSP-OO-011 une 19,2000 C) ?J c:; C) C) ;:><: I--" v¡ I--" o -0 :D û'1 £T1 f'..) ...0 ...0 vi ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 - 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 c. '-' '-' Begin at the southeast comer of lands deeded to Treasure Coast Truss Co., Inc., as recorded in Official Records Book 422, Page 2789, ot the Public Records of St. Lucie County, Florida, said point lying in the northerly right-at-way line of West Midway Road, an 80 toot wide right-at-way; thence North 89 degrees, 54 minutes, 46 seconds East, along the said northerly right-of-way line at West Midway Road, a distance at 601.99 teet, to the westerly right-at-way line of South Jenkins Road, as shown on the Plat of MIDWAY INDUSTRIAL PARK, as recorded in Plat Book 38, Page 35, Public Records of St. Lucie County, Florida; thence northerly and northwesterly along the said westerly right-of-way by the following courses and distances; 1. thence north 0 degrees, 5 minutes, 14 seconds west a distance at 20.00 feet; 2. thence north 44 degrees, 52 minutes, 52 seconds east a distance of 42.40 feet; 3. thence north 0 degrees, 9 minutes, 1 second west a distance of 631.82 feet to the intersection with a non-tangent curve concave to the southwest having a radius of 265.00 feet, and being the southerly right-of-way line of Environment Drive, with a radial bearing to said point of intersection of north 64 degrees, 45 minutes, 43 seconds east; 4. thence northwesterly along the arc' of said curve a distance of 165.60 feet, through a central angle of 35 degrees, 48 minutes, 18 seconds thence north 61 degrees, 2 minutes, 34 seconds west a distance of 704.33 feet to the beginning of a curve concave to the southwest having a radius of 365.00 feet; 5. thence northwesterly along the arc ot said curve a distance of 179.88 feet, through a central angle of 28 degrees, 14 minutes, 12 seconds; thence departing said right-of-way line, sout." 0 degrees, 9 minutes, 1 second east, along a line parallel with the east line of the north one-half of said Section 6, a distance of 520.08 feet to the point of intersection with a non-tangent curve, concave to the northeast, having a radius of 280.00 feet, the chord of which bears south 83 degrees, 1 minute, 23 seconds east, and being the northwest comer of the aforedescribed Treasure Coast Truss Co., Inc., lands; thence along the northerly and easterly boundaries of said Treasure Coast Truss Co., Inc., lands by the following courses and distances; 1. thence southeasterly along the arc of said curve a distance of 68.49 teet, through a central angle of 14 degrees, 0 minutes, 53 seconds; 2. thence north 89 degrees, 58 minutes, 10 seconds east a distance of 202.12 feet; 3. thence south 0 degrees, 8 minutes, 55 seconds west a distance ot 660.00 feet to the POINT OF BEGINNING. Containing 16.20 acres, more or less. (TAX ID#'s: a portion ot 3406-601-o034-0000) (Location: the Northwest comer of West Midway Road and South Jenkins Road) ·;f CD Order 00-00 Page lie No.: MNSP-OQ-011 une 19,2000 CJ :::0 tI:I CJ o ;;0:: ....... (.oj ....... o -u :D G1 fTl I".J ...0 ...0 ~ ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ( '-'" 'wi' The approvals and authorizations granted by this CD-Order are for the purpose 0 obtaining future site plan/building permit approvals and shall expire on June 19, 2002, unless the developer has obtained final plat approval for this subdivision and the final record plat for this subdivision has been recorded in the land records of S1. Lucie County, or an extension has been granted in accordance with Section 11.02.06, S1. Lucie County Land Development Code. D. The Final Site Plan approval granted under this resolution is specifically conditione to the requirement that the petitioner, Edwin C. Lunsford, Jr., including an successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulato authorities, including but not limited to; the Florida Department of Environmenta Protection, and the South Florida Water Management District, prior to the issuanc of any local building permits of authorizations to commence development activitie on the property described in Part A. E. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capaci shall automatically terminate. F. A copy of this Order shall be mailed, return receipt requested to the developer and agent of record as identified on the site .plan applications. A copy of this Order shall be attached to the site plan drawings described in Sectio A, which plan shall be on file with the St. Lucie County Community Developmen Director. H. This Order shall be recorded in the Public Records of St. Lucie County. RDER effective the 19h day of June 2000. VED AS TO FORM RRECTNESS: OMMUNITY DEVELOPMENT DIRECTOR B:- LUCIE CO~SJ2:IDA :\W P\PROJECTS\Pioneer\cd-order.wpd , ·f: CD Order 00-009 Page .Ie No.: MNSP-oO-011 une 19,2000 o :::IJ tI: o o 7<: ...... tN ...... o -0 ::D GJ rr1 I'\J -.a -.a lJl ......, ....., St Lucie County Certificate of Capacity Certificate No. C2000-074 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development MINOR SITE PLAN Number of units o Number of square feet 2. Property legal description & Tax 10 no. PROTION OF 3406-501-0034-000/0 MIDWAY INDUSTRIAL PARK 3. Approval: Building Resolution No. CD 00-009 Letter 06-19-00 4. Subject to the following conditions for concurrency: Owner's name EDWIN C LUNSFORD JR Address 121 VIA CAPRI NEW SMYRNAB FL 32169 6. Certificate Expiration Date 6/19/02 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the sa'me terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed .?A.~ Community Development Director St Lucie County, Florida :, ~ Date: 6/22/00 ( Page 1 of 1 Thursday, June 22, 2000 , \ CJ :;>:I r:J:) CJ CJ ;::00:: ~ t...J ~ o õ:J D GJ fT1 f'..J ...0 ...0 0' '-' "" AGENDA REQUEST ITEM NO. C-2F DATE: October 24, 2000 REGULAR [ PUBLIC HEARING CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Right-of-way Abandonment South 25th Street - Phase II/St. James Drive Request permission to Advertise - Notice of Public Hearing BACKGROUND: An Agreement between St. Lucie County and Atlantic Gulf Communities (RIF-92-05) states upon completion of South 25th Street - Phase II/St. James Drive proj ect, St. Lucie County shall abandon the property described in Exhibit "Q" subject to an easement reservation in favor of St. Lucie County for the maintenance of all utilities located therein. On February 8, 2000, the Board of County Commissioners approved the Permission to Advertise the Notice of Intent to Abandon. Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon St. James Drive as shown on the attached map. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on November 14, 2000, at 9:00 a.m., or as soon thereafter as possible. COMMISSION ACTION: sAnderson y Administrator x] APPROVED ] OTHER: DENIED D C xx County Attorney: ~/) l...:.¡/ f''"' ~ xx p::::·w::::POr0;t4J xx County Engineer:~ Other: xx Originating Dept.: purchasing: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\Abandonments\Old St. James Stub\lO-24-00PermtoAdv.wpd ~ -¡- '-' -..."I 8 (.'/1 r UI- M. 9 16 ~~ C-106 115 17~..zQ 17J\.ZO ~ 0- .. .""'----...----- .--- /' ----~._-- .; ,/ -""- " In ..... , -.. .";10:'- a()()-{)(JÒO-OIO/9) I -"'- 22.03 Iv:; / / / / / ,/ ./ , /-ii.- , ..£ '''''J.2~ ]75&.20 ,,- ..-' -'-- " ~ , , " ", .......--.. '. '-. " ..... "'. . ...... Z to ...... V r') -------- -~ ~, 11 """ W w ::r: (f1 w w (f1 ·,ö7S.15 H&291 "'.. ~ \'....... TR.~T 5 .... .' - ·r542.0-715-0017 -000/6) .' " -L' ',13.99 Ac ~ '..., , " , '. ", 4.77 I.c II / 1 l / / 42,9.90 ïRACT ~U" TF! ACT 2. -tt.n-44- - -------.-----.....- = \ \ 100 . ' N.S.:".R. --~-------:1----- I ~ I (3420-7Ifr 0017 -<JSO/ J) 3.35 Ac , '- _'L TRACT 7" 7.85 Ac TRACT 'V" ·--·lZ.7S-Ãë---------- ---- J:.- 3~S.99 ----------------------------------- PAEP.~REO roo ASSESSMENT MAP TII t 5 ¡up ~AS eID efiEP A!!Et! I'œ ~E 51. LUC! E COU!ITY PROJ'Er.r; "-Q~HAIS<:R s PU¡¡P\JSé:S 1J:'.1.Y. ~I.:I) QCE5 ~1 ~'£CE~R!LY ~I'LECT ~!L~C..æ~L. ~~~y .;......~..~! ~I 7'*(~~r(tq~H~...~~~~~[SËR ~lr. ~(UJ~U~ ~@~~ííW 9 ~~©~~rw~ 1M U:it g\F ~'1 :ß~ ~ SHEET NUMBER ~r.:\\ R ~ ~F~ -f4d~ SECTION TOWNSHIP I '-" ...., NOTICE OF PUBLIC HEARING NOVEMBER 14, 2000 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 S1. Lucie County Land Development Code, Section 11.10.01 e1. seq., a public hearing will be held by the S1. 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 14, 2000, at 9:00 A.M. or as soon thereafter as practicable, on the petition of S1. 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 S1. Lucie County and the public in and to the lands lying within that portion of said public right-of-way in S1. Lucie County, Florida, described as follows: A PARCEL OF LAND LYING IN THE PLAT OF PORT ST. LUCIE SECTION FORTY THREE AS RECORDED IN PLAT BOOK 16 AT PAGES 15-15L OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "U" AS SHOWN ON THE PLAT OF PORT ST. LUCIE SECTION FORTY THREE; THENCE N 62 15' 12" W ALONG THE NORTH LINE OF SAID TRACT "U" A DISTANCE OF 332.89' FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 950.00' FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 -/ '-' ....., 50' 34" A DISTANCE OF 47.14' FEET TO THE NORTHWEST CORNER OF TRACT "U"; THENCE N 27 44' 48" E ON THE PROJECTION OF THE WESTERLY LINE OF SAID TRACT "U" A DISTANCE OF I 00.00' FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 850.00' FEET, THE CENTER OF WHICH BEARS N 30 55' 27" E; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 10' 39" A DISTANCE OF 47.14' FEET TO THE POINT OF TANGENCY; THENCE S 62 15' 12" E A DISTANCE OF 332.89' FEET; THENCE S 27 44' 48" W A DISTANCE OF 100.00' FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.87 ACRES MORE OR LESS. BEARING BASE: THE NORTH LINE OF TRACT "U" IS TAKEN TO BEAR N 62 15' 12" W AND ALL OTHER BEARINGS ARE RELATIVE THERETO. 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 St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. (INSERT MAP) '-" '-" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ JOHN D. BRUHN, CHAIRMAN PUBLISH DATE: October 27,2000 18 pt type for heading No smaller than 2 column inches wide by 10 inches long PROOF: St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 (561) 462-1440 (fax) BILL: St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 COPIES TO: County Administrator County Attorney County Engineer Public Works Director '-' '-II AGENDA REQUEST ITEM NO. C-2E DATE: October 24, 2000 REGULAR [ PUBLIC HEARING CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Right-of-way Abandonment - St. James Drive Faith Tabernacle of Ft. Pierce, Inc. Request Permission to Advertise - Notice of Public Hearing BACKGROUND: On September 12, 2000, the Board of County Commissioners approved a Settlement Stipulation between Faith Tabernacle of Ft. Pierce, Inc. and St. Lucie County. In accordance with the Stipulation, St. Lucie County shall commence proceedings to abandon St. James Drive along the entire frontage of Faith Tabernacle's property. On September 26, 2000, the Board of County Commissioners approved the permission to Advertise the Notice of Intent to Abandon St. James Drive along the entire frontage of Faith Tabernacle's property. Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon St. James Drive along the entire frontage of Faith Tabernacle's property as shown on the attached map. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on November 14, 2000, at 9:00 a.m., or as soon thereafter as possible. [ X] [ ] APPROVED OTHER: DENIED as Anderson ty Administrator COMMISSION ACTION: XX County Attorney: XX Originating Dept. :~~ ¡k/ Review and Approvals XX Public works: £t£--/ / xx County Engineer: À~~. r , Purchasing: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\Abandonments\Faith Tabernacle\lO-24-00PermtoAdv.wpd " ( ...... ......... ...... ............... ... ... ... ... ... ... ... ... ... , , , , , , , , , \ \ , \ \ \ \ I Conal No. 107 I I I ~ c... Q 3 .. .. ,------------ 7 , . . · . · /IJ ; ... 5 III III . 4 Q '2 .J ~ IJ · Q Z t) If 15 D ~ ë· .. æf .z5 » . . --- C.IIIIML NO. 107 Proposed Abandonment -------- 500' Radius /~\{Ç:þê¿" Community Devek:>pment ~.r:i Geographic ~nformation Systems \. ..~<'",;¡~.. í Map revised February 1, 2000 ···0.ì.~,.:·".1t,. ~~.~..: --...- - ..-- - --.... ~,~nS'f - .... ..., .... - .... ... · pnMdIr'" ",*,cunrf".nd ~ ..........~..IIII:~Iar~_'allØitf~docuNfII.. t N 1 '-" 'wi NOTICE OF PUBLIC HEARING NOVEMBER 14, 2000 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 14, 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 PORTION OF THE ST. JAMES DRIVE RIGHT-OF-WAY AS SHOWN ON THE PLAT OF PORT ST. LUCIE SECTION FORTY THREE AS RECORDED IN PLAT BOOK 16 AT PAGES IS AND lSA THROUGH ISL OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING GENERALLY SOUTHEAST OF THE NORTHERL Y EXTENSION OF THE EAST LINE OF TRACT "u" OF SAID PLAT OF PORT ST. LUCIE SECTION FORTY THREE AND WESTERLY OF A PROPOSED 150 FOOT WIDE ROAD RIGHT-OF-WAY FOR SOUTH 2STH STREET, THE HEREIN DESCRIBED PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: FORA POINT OF COMMENCEMENT (P.O.c.), START AT THE SOUTHEAST -; ~ 'wi CORNER OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 36 SOUTH, RANGE 40 EAST; RUN THENCE S 89°39'14" W ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 17,324.98 FEET; THENCE RUN N 00023'08" W, 43.38 FEET; THENCE RUN S 89°36'52" W ALONG THE SOUTH LINE OF TRACT "S" AS SHOWN ON SAID PLAT OF PORT ST. LUCIE SECTION FORTY THREE, 50.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT "S", SAID SOUTHWEST CORNER OF TRACT "S" BEING LOCATED ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 601.96 FEET, A RADIAL LINE TO SAID POINT BEARS N 89°36'52" E; THE FOLLOWING THREE (3) COURSES RUN ALONG THE EASTERLY LINE OF A 100 FOOT WIDE RIGHT-OF-WAY FOR ST. JAMES DRIVE (AS PRESENTLY MONUMENTED), THENCE RUN NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°53'37", AN ARC DISTANCE OF 545.20 FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE CONTINUE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°58'27", AN ARC DISTANCE OF 104.79 FEET TO A POINT OF TANGENCY; THENCE RUN N 62015'12" W, 353.09 FEET; THENCE RUN S 27°44'48" W ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID TRACT "U", 1 00.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ST. JAMES DRIVE; THE FOLLOWING TWO (2) COURSES RUN ALONG THE WESTERL Y RIGHT -OF- WAY LINE OF ST. JAMES DRIVE (AS PRESENTLY MONUMENTED); THENCE RUN S 62°15'12" E, 353.09 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 501.96 FEET; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE THROUGH :,: "'-' ..."" A CENTRAL ANGLE OF 61 °52'04", AN ARC DISTANCE OF 542.01 FEET TO A POINT LOCATED ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 925.00 FEET, A RADIAL LINE TO SAID POINT AND LAST DESCRIBED CURVE BEARS N 89°36'52" E; THE FOLLOWING COURSE RUNS ALONG THE WESTERLY LINE OF A PROPOSED 150 FOOT WIDE ROAD RIGHT-OF-WAY, THENCE RUN NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°48'06", AN ARC DISTANCE OF 497.27 FEET TO THE POINT OF BEGINNING. ALL LYING IN THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA THE HEREIN DESCRIBED PARCEL CONTAINS 60,612 SQUARE FEET, MORE OR LESS. THIS PARCEL IS GRAPHICALLY PORTRAYED ON SHEET 7 OF THE SOUTH 25TH STREET RIGHT-OF-WAY MAPS. 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 St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. (INSERT MAP) ) ~ ...., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Isl JOHN D. BRUHN, CHAIRMAN PUBLISH DATE: October 27,2000 18 pt type for heading No smaller than 2 column inches wide by 10 inches long PROOF: St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 (561) 462-1440 (fax) BILL: St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 COPIES TO: County Administrator County Attorney County Engineer Public Works Director ~ ~ AGENDA REQUEST ...." ITEM NO. C-rJ G DATE: October 24, 2000 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Conservation Easement - Dollom, Inc. - Savanna Club Apartments BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the proposed form of the conservation easement and authorize the Chairman to sign the easement subject to final review of the legal descriptions of the easement areas by the County Attorney and the County Surveyor. [x] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: ouglas Anderson County Administrator Originating Dept. Management & Budget C=. D~. Dir..· ? Finance: (Check for Copy only, if applicable) .,94 Review and Approvals County Attorney: Purchasing: County Eng.: Eff. 5/96 ~ '-tI . INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-1677 DATE: October 18, 2000 SUBJECT: Conservation Easement - Dollom, Inc. - Savanna Club Apartments ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On July 21, 2000, the Board approved the site plan for Savanna Club Apartments. One of the conditions of the site plan approval was a requirement that the developer grant the County a conservation easement covering the parcels designated as upland buffer/preserve and wetlands on the site plan. Attached to this memorandum is a copy of a proposed form of a conservation easement acceptable to the developer (Dollom, Inc.) and County staff. Also attached is a drawing identifying the proposed easement area. As indicated in the easement form and the drawing, the easement area is composed of a fixed area (19.7) acres and a flexible area (5.68 acres). No amendment may be made to either area that reduces the amount of either area. Amendment of the fixed area requires Board approval. Amendment of the flexible area requires Community Development Director approval. Paragraph 3 specifies the prohibited uses within the easement areas which include construction of buildings, roads, signs or other above ground structures. Paragraph 4 outlines the rights '-' -....I reserved to the developer within the easement area. In reviewing the proposed easement, staff believes that the easement, as drafted, provides the County with additional assurance that the buffer/preserve/wetland areas will not be adversely impacted by development. In addition, the amount of acreage within the easement area as proposed by the developer is substantially above the amount of open space required by the Land Development Code. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the proposed form of the conservation easement and authorize the Chairman to sign the easement subject to final review of the legal descriptions of the easement areas by the County Attorney and the County Surveyor. Respectfully submitted, Jl ~ II./' 7V !. ,~ DSM/caf Attachment '-' ...." CONSERV ATION EASEMENT THIS CONSERV ATION EASEMENT ("Easement") is made this day of , 2000, by and between DOLLOM, INC., a Florida corporation, whose mailing address is 888 Seventh Avenue, Suite 3400, New York, New York, 10016-0199 (the "Grantor"), and ST. LUCIE COUNiY, FLORIDA, a political subdivision of the State of Florida, with its principal office at 2300 Virginia Avenue, Fort Pierce, Florida (the "Grantee"). WIT N E ssE T H: WHEREAS, Grantor is the owner in fee simple of certain real property in St. Lucie County, Florida, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, pursuant to Resolution 00-119 approved by the St. Lucie County Board of County Commissioners (County Commission) on July 18, 2000, the Property received Major Site Plan approval for development which approval is conditioned upon the grant of a conservation easement, over the Property described in Exhibits "B" ("Fixed Area") which contains approximately 19.7 acres and Exhibit "c" ("Flexible Area") which contains approximately 5.68acres that is in a predominately native vegetative and hydrologic condition (the "Easement Area"); and WHEREAS, subject to the terms and conditions hereof, Grantor intends by this instrument to convey to Grantee the right to preserve and maintain the Easement Area, reserving unto Grantor all other rights not inconsistent with this grant. NOW, THEREFORE, subject to, and in consideration of, the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to and in accordance with the provisions of Section 704.06, Grantor hereby grants and conveys to Grantee an easement giving the Grantee the right to preserve and protect the Easement Area during the term hereof (the "Easement"). 1. PURPOSE. It is the purpose of this Easement to assure that the Easement Area will remain a predominately native vegetative, hydrologic, scenic, open or wooded condition ("Permitted Condition"). 2. RIGHTS OF GRANTEE. To accomplish the purpose of this Easement, the following rights are conveyed to Grantee: (a) The right of Grantee to preserve and protect the Easement Area; and g:\atty\agreemnt\dollom con easement Page 1 of 8 '-' ....",¡ (b) The right to enter upon the Property, with any necessary equipment and vehicles, at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that, except in cases where immediate entry is required to prevent, terminate or mitigate a violation of this Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and (c) The right to enjoin any activity on or use of the Property that is inconsistent with this Easement and to enforce the restoration of such areas or features of the Easement Area that may be damaged by any inconsistent activity or use. 3. PROHIBITED USES. Except to the extent reserved to Grantor herein, or presently existing, the following activities are prohibited in or on the Easement Area: (a) Construction or placing of buildings, roads, sign, billboards or other advertising, utilities, or other structures on or above the ground. (b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or intentional destruction of trees, shrubs, or other natural vegetation (except for the removal of exotic or nuisance plants or vegetation) provided that this prohibition shall not be construed as restricting Grantor from devising a management plan or procedure acceptable to Grantee for the destruction or removal of trees or other vegetation to control or prevent hazard, disease, or fire. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. (e) Surface use except for purposes that permit the land or water area to remain predominately in its natural condition. (f) Activities detrimental to flood control, water management, conservation, water storage, erosion control, soil conservation, fish and wildlife habitat preservation, and allied purposes, or any use or activity that causes, or is likely to cause significant soil degradation or erosion or significant depletion or pollution of any surface or subsurface waters. (g) Acts or uses detrimental to such retention of land or water areas. 4. RESERVED RIGHTS. Subject to receiving all permits, Grantor reserves to itself in perpetuity, its personal representatives, hei rs, successors and assigns in perpetui ty, all rights accruing from its underlying fee simply title and ownership of the Property, including the right g:\atty\agreemnt\dollom con easement Page 2 of 8 '-" ...., to engage in, or permit or invite others to engage in, all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, and subject to the terms of paragraph 3, the following rights are expressly reserved: (a) To erect and maintain fences and boundary markers for the purpose of controlling unauthorized use or access, or to comply with applicable laws, rules and regulations code requirements, and establishing boundaries; providedthat such fences and markers shall not materially interfere with the purposes of this Easement. (b) To sell, rent and mortgage the Property subject to this Easement. (c) To maintain the functioning of the surface water management system that flows through the Easement Area. (d) To construct/install the following improvements within the Easement Area: (1) pedestrian walkways, jogging paths or bike paths; (2) picnic areas; (3) lighting fixtures appurtenant to the improvements constructed pursuant to subparagraph (a) and (b) above; (4) underground utilities appurtenant to the uses allowed in subparagraphs (a) through (c) above; and, (5) underground utilities only within the locations identified in Exhibit "D" attached, provided that the utilities shall be microsited with the assistance of County Staff to minimize impacts on trees. provided, however, that the Grantor, in exercising its rights set out in (1) through (4) above, shall not cut any trees over three inches (311) dbh; and further provided that the Grantor subsequent to any construction or installation shall restore the Easement Area to its preexisting condition to the maximum extent possible. Grantor further reserves the right to use the Easement Area for natural drainage purposes. 5. AMENDMENT OF EASEMENT AREA. a. Fixed Area - Subject to the approval of the Board of County Commissioners, in its discretion, the Grantor may substitute or modify the Fixed Area described in Exhibit "B" so long as the Fixed Area is not less than 19.7 acres. In the event the Board approves any such substitution or modification of the Fixed Area that results in the inclusion of property in the Fixed Area which has previously been developed, the Grantor, as a condition g:\atty\agreemnt\dollom con easement Page 3 of 8 '-' ....., of such substitution, shall restore the substitution area to a Permitted Condition. Prior to Board approval of any such substitution or modification of the Fixed Area, the Grantor shall deliver to the County a revised general conservation easement in recordable form satisfactory to the County Attorney. b. Flexible Area - Subject to the approval of the Community Development Director as a minor adjustment to the site plan, Grantor shall have the right, at any time, to substitute or modify the Floating Area described in Exhibit "c" so long as the total area of the Floating Area is not less than 5.68 acres. In reviewing a proposed minor adjustment to the site plan, the sole criteria that the Community Development Director may use in determining whether to approve or deny the minor adjustment is whether the proposed substitution area has comparable environmental qualities to the property that is proposed to be removed from the Floating Area. In the event of any such substitution or modifications of the Floating Area results in the inclusion of property in the Floating Area which has previously been developed, the Grantor, as a condition of such substitution, shall restore the substitution area to a Permitted Condition. Prior to Community Development Director approval of any such minor adjustment, the Grantor shall deliver to the County a revised general conservation easement in recordable form satisfactory to the County Attorney. 6. NOTICE AND APPROVAL. Whenever Grantee's approval is required for any action to be undertaken by Grantor in this Easement, Grantor shall notify Grantee in writing of its request. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Easement. Where Grantee's approval is required, Grantee shall approve or deny its approval in writing within sixty (60) days of receipt. Denial must be based upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this Easement. Failure by the Grantee to take action within the sixty (60) day period shall be deemed as approval by the Grantee. In the event Grantee's approval is denied, and Grantor in its discretion deems Grantee's actions to be unreasonable, Grantor reserves the right to submit the issue or controversy to a court of competent jurisdiction whose decision shall be binding on the parties. 7. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Easement Area resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Easement Area resulting from such causes. 8. PUBLIC ACCESS. No right of access by the general public to any portion of the Property is conveyed by this Easement. g:\atty\agreemnt\dollom con easement Page 4 of 8 '-' ...",¡ 9. EXISTING EASEMENTS. The Easement conveyed herein is subject to existing easements affecting the Property prior to site plan approval for public roads and highways, public utilities, railroads and pipelines. 10. GRANTEE'S NON-LIABILITY. Neither the ownership or attempted enforcement of Grantee's rights held under this Easement shall subject Grantee to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Easement Area, including liability for the disposal of solid wastes or pollutants. 11. FORBEARANCE. Enforcement of the terms and restrictions of this Easement shall be at the reasonable discretion of Grantee and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 12. SEVERABILITY. If any provision of the Easement or the application hereof to any person or circumstances is found to be invalid, the remainder of the provisions shall not be affected thereby as along as the purpose of this Easement is preserved. 13. NOTICES. All notices, consents, approvals or other communications hereunder shall be deemed properly delivered only (1) on the date delivered, if by personal delivery; (ii) if mailed by certified mail/return receipt requested, then the date the return receipt is signed or delivery is refused or the mail is designated by the postal authorities as not deliverable, as the case may be; or (iii) one (1) day after mailing by any form of overnight mail service. 14. TAXES AND ASSESSMENTS. For so long as Grantor shall retain fee simple title to the Easement Area, Grantor shall keep current on the payment of taxes and assessments on the Easement Areas and not allow a lien on the Property superior to this Easement. In the event Grantor fails to extinguish or subordinate any such lien, Grantee may elect to payoff the lien on behalf of Grantor and Grantor shall reimburse Grantee for the amount of the payoff, togther with reasonable attorney's fees and costs, and with the interest at maximum allowable rates, not later than thirty (30) days after delivery of notice of such payment. The debt owed to Grantee constitutes a lien against the Easement Area which automatically relates back to the date of the recording of this Easement, and Grantee may foreclose on the Easement Area in the manner of mortgages on real property in the event Grantor does not so reimburse Grantee. 15. SUBSEQUENT TRANSFERS. The terms and conditions of this Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Grantor shall notify any future holder of Grantee's interest in the Easement area. g:\atty\agreemnt\dollom con easement Page 5 of 8 - "-' ''''; 16. COMPLIANCE MONITORING. Grantor shall assists Grantee in the monitoring and enforcement of the terms and conditions of this Easement. Grantee shall provide Grantor in writing its assigned monitoring employees or agents. It is the intent of Grantor and Grantee that all monitoring employees and agents shall be properly identified in order to prevent unauthorized entry on or access to the Property. 17. AMENDMENT. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualifications of this Easement or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1954, as amended and any amendment shall be consistent with the purpose of this Easement, and shall not affects its perpetual duration. Any such amendment shall be recorded in the official records of St. Lucie County, florida. 18. TERMINATION. This Easement shall be terminated and Grantor shall be authorized to record such termination in the public records of St. Lucie County in the following circumstances: (a) Upon mutual agreement of the Grantor and Grantee; or (b) Upon expiration of the site plan approved in Resolution No. 00-119, if Grantee does not obtain building permits or revocation of the site plan pursuant to the Grantee's Land Development Code; or, (c) Upon County Commission approval of a new site plan for the total redevelopment of the property that is not in substantial conformance with the above referenced Site Plan. The existence of this Easement shall not be a reason for County Commission denial of a new site plan submitted pursuant to this subparagraph (c); or, (d) If natural causes beyond the control of the Grantor, such as windstorm, flood or fire so alter the Easement Area that Grantor and Grantee mutually agree that the Easement Area is unable to recover to their pre-disturbance condition. 19. BINDING EFFECT. All terms and restrictions herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, and assigns. TO HAVE AND TO HOLD the same together with all and singular appurtenances thereunto belonging or in anywise incident or appertaining to the proper use, benefit and behalf of the Grantee, its successors or assigns forever. g:\atty\agreemnt\dollom con easement Page 6 of 8 - \w" ..., AND THE GRANTOR hereby covenants with the said Grantee that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to convey this Easement; and that it fully warrants and defends the title to the Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Conservation Easement has been executed by the Grantor whose hand and seal is affixed hereto, the date and year first above written. WITNESS DOLLOM, INC. By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2000 I by I who is personally known to me or who has produced as identification. NOTARY PUBLIC Sign: Print: My Commission Expires: (SEAL) ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY I FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g:\atty\agreemnt\dollom con easement Page 7 of 8 - ~ ~ '....; EXHIBIT LIST EXHIBIT" A" PROPER1Y EXHIBIT "B" LEGAL DESCRIPTION OF FIXED AREA EXHIBIT "C" LEGAL DESCRIPTION OF FLOA TING AREA EXHIBIT "D" SITE PLAN DEPICTING APPROXIMATE LOCATION OF UNDERGROUND UTILITIES WITHIN THE EASEMENT AREA g:\atty\agreemnt\dollom con easement Page 8 of 8 -~ ~ENDA REQUEST "..,rEM NO. C-3 DATE: Oct. 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : PUBLIC SAFETY (EM) JACK T. SOUTHARD 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 01CP-04-10-66-01-056. Amount of grant is $129,377.00, (base grant is $105,06.00 minus $2,880.00 for State of Florida Communication Services plus $26,451.00 carryover from FY 99-00). The revenue was included in the proposed budget for fiscal year 2000-2001. (See attached memo from DCA) FUNDS AVAILABLE: 001259-2510-200 (Emergency Management Preparedness and Assistance Trust Fund) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the agreement appropriating the grant funds along with Equipment Request #EQ-01-199 for (UPS) Uninterrupted Power Source for EOC/911 (replacement) Equipment Request #EQ-01-201 for Furniture for EOC/911, and authorize the Chair.man to execute the agreement. \ o glas Anderson ty Administrator COMMISSION ACTION: [X] APPROVED [ ] OTHER: ] DENIED ,~- , I - Review and Approvals Management · BU~~r..~)¡~ Other Purchasing: Originating De Other: If applicable) _____ Eff. 5/96 ~ ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORID~ DEPARTMENT OF PUBLIC SAFETY Division of Emergency Management To: Daniel S. McIntyre, County Attorney . 0) Œ œ rn ß W Œ I IlJO Þœ 2 4 2(0) l,-" I From: Shirley Schwab, Executive Secretary COUNTY ATTORNF' Via: Jack T. Southard, Public Safety Director Date: August 23, 2000 \ Re: EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE (EMP A) BASE GRANT - FISCAL YEAR 2000-2001 " Enclosed'you will find a copy of the Agreement, referenced above for your review. This Agreement is between St. Lucie County and the Department of Community Affairs. We have read the contract and have no objections to it's contents. /ss ~\'à1\OO cA<~~ J( ~J( ~ .'-t1I '. . t(Q)fY STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to cal! home" JEB BUSH Governor STEVEN M. SEIBERT Secretary ~(Q)~)f -_-.--,...----- . -- August 16,2000 W Œ © \j~ ..-'. .. ~i n d AUG 2. I 2UUU UW¡ , L ..-J PUBLIC SAFE ¡ Y The Honorable John D. Bruhn Chairman, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Commissioner Bruhn: Enclosed are four copies of the Agreement for the Emergency.Management Preparedness and Assistance (EMP A) Base Grant between your county and the Department of Community Affairs for Fiscal Year 2000-2001. . The amount of the contract represents an allocation approved by the 2000 Legislature ($105,806) less your county's portion of the statewide satellite service costs. The deduction for satellite communication services for Fiscal Year 2000-2001 is $2,880. If you have requested a carryover of funds from your current year (1999-2000) Agreement, that amount is also reflected in the contract total. We were asked by several counties about the possibility of combining the EMP A Base Grant (State funds) and the State and Local Assistance (SLA) (Federal funds) Agreements. We are pleased to inform you that beginning with this Agreement, we will be making these funds available to you in this single Agreement. Upon our receipt of the Federal funds, we will provide these funds to your county by means of an Award Letter. Please see Paragraph IV. Modification of Contract. I encourage you to read the contract and attachments thoroughly. The October 1, 2000 - September 30, 2001 activities detailed in your revised Five-Year Strategic Plan, currently being negotiated and approved through your area coordinator, will become your Scope of Work, Attachment A-I. The 2000-200 I Agreement cannot be fully executed until this Strategic Plan document has been completed and approved. Before returning the Agreement, be sure to indicate on Attachment F, FundinglMatching, in either Section B.1 or B.2, whether an advance payment is being requested. All requests for funding advancement should be accompanied by a detailed justification. Please sign and return all four copies !'J this 'Jffice. A fuEl' ex~cuted copy ',V ill be returned for your records. 2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dca.state.fl.us '-' 'twill '. . The Honorable John D. Bruhn August 16, 2000 Page Two Please submit to this office a copy of the current Position Descri:ption detailing the duties and responsibilities of ALL positions to be paid from these grant funds, including the full-time Emergency Management Director as defined in Rule 9G-19.002(6), Florida Administrative Code. By signing this contract, the Board of County Commissioners certifies its intention to employ and maintain a full-time county emergency management director in compliance with Rule 9G- 19.004(1), Florida Administrative Code. Be sure that all remaining reports/work products required under your current year contract are completed and submitted to us on time. Failure to provide this information may result in delaying execution of your new contract until any deficiencies are corrected. We look forward to continuing to work with you during this eighth year of the Emergency Management Preparedness and Assistance Program. If you have any questions about this Agreement or about this program, please contact me at (850) 413-9894 or the Community Assistance Consultant assigned to your county (see attached). Sincerely, ..,.:..,;:' ',--- '. " . \, {-<;- -~. j Edgar W. Gonesh, Manager Emergency Management Preparedness and Assistance Grant Program EWG/dgs Enclosures - cc: County Emergency Management Director '-' .~ Contract ~umber: OlCP-04-10-66-01-056 CSF A Number: 52008 STATE FUNDED SUBGRANTAGREEÑŒNT THIS AGREE~ 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, (hereinafter referred to as the "County"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes. and Rule Chapter 9G-19, Florida Administrative Code. to disburse funds for emergency management grants to counties; and WHEREAS, the County is eligible to receive said funds and agrees to comply with all the requirements of this Agreement and Rule Chapter 9G-19, Florida Administrative Code. NOW, THEREFORE, the Department and the County do mutually agree as follows: I. SCOPE OF WORK AND FUNDING The County shall fully perfonn the obligations in accordance ~ith the Scope of Work, Attachments A and A-I of this Agreement. Funding for perfonnance of the Scope of Work shall be provided in accordance with Attachment F. II. INCORPORA TION OF LA WS. RULES. REGULA TrONS AND POLICIES Both the County and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B. III. PERIOD OF AGREEMENT This Agreement shall begin October 1,2000 and shall end September 30, 200 I, unless tenninated earlier in accordance with the provisions of Paragraphs VII. or IX. of this Agreement. All requests for reimbursement must be submitted within 30 days after the tennination date of the Agreement. No reimbursement requests received after November 1,2001 may be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. IV. MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be effective only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. No change to the tenns and conditions of this Agreement, including the Scope of Work, shall be effective until filed and approved in accordance with the provisions in Attachment A. However, changes to the amount of funding to be provided may be accomp ¡ ¡shed by notice from the Department to the County, in the form of ctrtified m8il, return receipt requested. Thp. '-" '...I Department may make an award of additional funds by subs~quent A ward Letter: certified mail, return receipt requested, to the County's contact identified in Paragraph VIII, below. Should the County determine it does not wish to accept the award of additional funds, then the County shall provide notice to the Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the County 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 receipt of the written notice of acceptance. v. MONITORING The County shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work is being accomplished and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in accordance with Attachment D. Records of such activities shall be created and retained in accordance with Attachment C. VI. LIABILITY The County shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement. For purposes of this Agreement, the County agrees that it is not an employee or agent of the Department. " VII. NONCOMPLIANCE, REMEDIES. AND TERMINATION A. If a County fails to comply with any term or condition applicable to an award under Rule Chapter 9G-19 or any term or condition including, but not limited to, federal and state laws, agreements, rules and regulations, applicable to any other funding for the County administered by the Division, then the Department shall take one or more of the following actions, as indicated by the attendant circumstances: 1. temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; 4. disallow future participation in the program or funding provided under this rule chapter; 5. recover all funds provided under the current award. B. Costs of the County resulting from obligations incurred by the County during suspension or after termination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other County costs during suspension or after termination which are necessary and not reasonably avoidable may, in the sole discretion of the Department, be allowaole if: 2 ~ 'wtI 1. the costs result from obligations which we~e properly incurred by the County before the effective date of the suspension. or termination, are not in anticipation of the suspension or termination, and, in the case oftennination, are not cancelable, and . 2. the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the terri1ination occurs. C. Counties with terminated grants shall remain obligated to provide all required closeout information. D. In the event that any audit determines that costs reimbursed or otherwise funded under this Agreement should be disallowed, then the County shall return those disallowed funds to the Department. In the alternative, the Department may, in its sole discretion, offset the disallowed amount against any current or future awards to the County from any other grant agreement or contract with the County administered by the Department. E. Actions taken for noncompliance constitute fmal Department action under Chapter 120, Florida Statutes. as amended. Notification of such actions shall include notice of administrative hearing rights and time frames. F. The County shall return funds to the Department iffouIJd in non-compliance with laws, rules, or regulations governing the use of the funds or this Agreement. G. This Agreement may be terminated by the written mutual consent of the parties. VIII. NOTICE AND CONTACT A. The Department designates Edgar W. Gonesh, Planning Manager, Division of Emergency Management, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at the following address: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 E-Mail-edgar.gonesh@dca.state.fl.us B. The signer of this Agreement or his/her designee shall be the County's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him/her at the following address: JACK T. SOUTHARD 101 NORTH ROCK ROAD FT. PIERCE, FL. 34945-3438 Telephone#:(~61) 462-1736 3 '-' '-" C. All payments relating to this Agreement shall be mailed to the following address: ADMINISTRATION BUILDING 2300 VIRGINIA AVENUE~ FORT PIERCE, FLORIDA 34YHZ ATIN: ~'lNANCE DEPT. D. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title, address and telephone number of the new representative will be rendered as provided in Paragraph VIII. A and B above. IX. OTHER PROVISIONS A. The validity of this Agreement is subject to the truth and accuracy of all the infonnation, representations, and materials submitted or provided by the County, 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 infonnation, 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 County, cause the tennination of this Agreement and the release of the Department from all its obligations to the County. 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 ~ 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, but shall be deemed severable, and shall not invalidate any other provision of this Agreement. C. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict perfonnance by the County 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 County. 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 of which may be taken as an original. X. AUDIT REQUIREMENTS A. The Contractor 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 nonnai business hours ot 8:UO a.m. to 5:00 p.m., local time, Monday through Friday. 4 '-' ..." C. The Contractor shall also provide the Department with the records, reports or financial statements upon reque~t for the purposes.of auditing and monitoring the funds awarded under this Agreement. . D. If the contract amount is $300,000 or more, then the Contractor shall also provide the Department with an annual financial audit report which meets the requirements of the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, an<{OMB Circular A-133 for the purposes of auditing and monÍtoring the funds awarded under this Agreement. The funding for this Agreement was received by the Department as a Contractual Services appropriation. I. The annual financial audit report shall include all management letters and the Contractor'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. 3. The complete financial audit report, including all items specified in Paragraph X. D. 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard ~ Tallahassee, Florida 32399-2100 E. 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 Contractor 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 Contractor of such non- compliance. F. The Contractor shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. G. The Contractor shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IP A shall state that the audit complied with the applicable provisions noted above. H. The audit is due seven (7) months after the end of the fiscal year of Contractor or by the date the audit report is issued by the state Auditor General, whichever is later. 5 \w' 'wi! XI. SUBCONTRACTS AND PROCUREMENT A. If the County subcontracts any or all of the work required under this Agreement, the County agrees to include in the subcontract language requiring the subcontractor to be bound by the terms and conditions of this Agreement with the Department. B. The County agrees to include in the subcontract a provision that the subcontractor shall hold the Department and County 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. See Attachment E for any additional terms and conditions pertaining to subcontracts. XII. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. XIII. 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. XIV. STANDARD CONDITIONS The County agrees to be bound by the following standard conditions: A. 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. B. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the County. C. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. D. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. E. The Department reserves the right to unilaterally cancel this Agreement for refusal by the County to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or 6 ~ '-'" . . received by the County in conjunction with the Ag~eement. . F. 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 U.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. G. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to 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 perform 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 of36 months ITom the date of being placed on the convicted vendor list. H. Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provid~ goods or services to a public entity, may not submit a bid on a contract with apublic 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 perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. xv. ST A TE LOBBYING PROHIBITION 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 Department. XVI. LEGAL AUTHORIZATION The County 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 County also certifies that the undersigned possesses the authority to legally execute and bind County to the terms of this Agreement. XVII. EQUIPMENT AND PROPERTY MANAGEMENT The County acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station® and related equipment (hereinafter ''the Equipment"). The County acknowledges ann agrees to comply with é;1pplicable tenns and conditions of: 7 '-" 'wi (1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), 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 Florida, 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 County and other sites. In particular, the County 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 County will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. County personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the County shall not change, modify, de install, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. D. That the County shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the County'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 performing work related to the Equipment. Service representatives and others perfonning said work shall comply with the County's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The County shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The County shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the County facility as required for efficient service. E. That the County 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 County to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The County 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 County 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 County 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. 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 vefidor(s). The use of one copy of said 8 '-" "'-" software is subject to a license granted from HNS to the Department, and a sublicense from the Department to the County, to use the software solely in the operation of the Equipment, to com- mence on delivery of the software to the County and to last for the term of the HNS Agreements. The County shall not: (i) copy 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 County 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 danjaged or lost through catastrophe, accident, lightning, theft, misuse, fáult or negligence of the County 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 County 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 County shall be independently responsible for any and all charges not part of the initial service order. XVIII. COMMUNICA nONS COSTS By its execution of this Agreement, the County authorizes the Department to deduct the appropriate costs of the recurring charges for the satellite communications Service from the allocation provided to County under Rule 9G-19.005(3), Florida Administrative Code. The deduction is $2,880 for twelve months. 9 '-' "'" . . In the event the County desires to continue use of the NatiOnal Warning System (NA WAS) line, then the County shall assume all operational and fisc~l responsibility for the NA WAS line and equipment in the County. XIX. 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 will have no obligation to honor such reimbursement request. XX. CERTIFICA TIONS By its execution of this Agreement, the County certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-7, 9G-II, 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. The County certifies that funds received fÌ'om the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds fÌ'om one program under the Trust Fund be used to match funds received fÌ'om another program under the Trust Fund. The County further certifies that EMP A funds shall not be expended for 911 services, emergency medical services, l-aw enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local comprehensive emergency management plan. 10 ~ 'wi .. . By its signature below, the County reaffirms its certification to employ and maintain a full- time Director consistent with Rule 9G-19.002(6), Florida 'Administrative Code. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. COUNTY: BY: Name and title: Date: Federal Employer I.D. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ," BY: Name and Title: Joseph F. Myers. Director Date: 11 \..I 'wi Attachment A 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 Chapters 9G-6 and 7, F.A.C., and Chapter 252, F.S.). _ This Scope of Work recognizes that each county is at a varying level of preparedness, and it is understood that each county has a uni-que geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, each county 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 County shall complete the work items that fall between October 1,2000 and September 30,2001, listed in the most recently revised Five-year Strategic Plan, as approved by the Department. The revised Five-year Strategic Plan is attached hereto as Attachment A-I. Subsequent revisions during the term of this Agreement shall be those submitted in writing by the County, approved by the Department, and on file in the Division. The document evidencing the approved scope of work shall be the most recent Strategic Plan for the County on file in the Division of Emergency Management, Bureau of Compliance Planning and Support, evidencing approval by Division staff housed in Tallahassee. As a further condition of receiving funding under this Agreement, the êounty shall, 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 County shall, within forty-five (45) days following the conclusion of the activation, evaluate the performance of all elements ofthe local emergency management program during that activation, and provide a written after action report to the Department. Funds may not be used for items such as door prizes and gifts. Flyers and promotional items to promote the Emergency Management Program are allowable. Food and beverages may be purchased for Emergency Management personnel and other personnel only if the County 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. Within 60 days of execution of this Agreement, the County 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, F.S. 12 '-' ...., . . Attachment B PROGRAM STATUTES AND REGULATIONS 1. Chapter 252, Florida Statutes 2. Rule Chapters 9G-6, 9G-7, 9G-ll, 9G-19 and 9G-20 Florida Administrative Code 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 112, Florida Statutes 6. OMB Circular A-87 7. OMB Circular A-133 " 13 '-' ,..., . . Attachment C RECORD KEEPING A. All original records pertinent to this Agreement shall be retained by the County for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three 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 $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. B. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachments A and A-I, and all other applicable laws and regulations. C. The County, 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 agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during nonnal 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. 14 '-'" ....., Attachment D .. REPORTS A. The County 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 provided by the Department. B. Quarterly reports shall begin with the first quarter of the county fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter of the 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, F.A.C.. historical budgetary information relating to the County 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, 1999. E. A proposed staffing summary and budget summary describing planned expenditure of funds provided under this Agreement toward the completion of items ßetailed in Attachments A . and A-I shall be submitted to the Department in a format provided by the Department not later than December 31, 2000. F. If all required reports, budget summary and budgetary information 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 VII. and IX., and Rule 9G-I9.014, F.A.C. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the County 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 County on the Division's Internet site. 15 '-' -.J Attachment E PROCUREMENT. SUBCONTRACTS AND SUBGRANTS A. All subcontracts entered into by a County in connection with any portion of the Scope of Work shall contain all tenns of the County's Agreement with the Department. B. The County shall send a copy of any subcontracts entered into in connection with implementing the Scope of Work to the Department within 30 days after their effective dates. C. The County shall not award subgrants using funds awarded pursuant to this Agreement. D. The County shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise pennitted, the County shall utilize competitive procurement practices. E. Allowable costs shall be detennined in accordance with Office of Management and Budget Circular A-87. " 16 ~ "'wI Attachment F FUNDINGIMA TCHING .. A. This is a cost-reimbursement Agreement. The County shall be reimbursed for costs incurred in the satisfactory perfonnance of work hereunder in an amount not to exceed $129,377 subject to the availability of funds trom 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. Funds received from the Emergency Management; Preparedness and Assistance Trust Fund may not be used to supplant existing funds, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. Included in this Agreement is $26,451 carried forward from the County's FY 1999- 00 Emergency Management, Preparedness and Assistance Base Grant Agreement for expenditure in FY 2000-01. All terms and conditions contained in this Agreement relating to the use of the initial FY 2000-01 allocation of funds are fully applicable to the carried forward funds. Said carried forward funds from FY 1999- 00 may not be used in the calculation of eligible funds to be carried forward into FY 2001-2002 as detailed in this Agreement, Attachment F, Section H. 8. Any advance payment under this Agreement is subject to s. 216.181(14), Florida Statutes. Up to twenty-five (25) percent of an award may be advanced. " If an advance payment is requested, the budget data on which the request is based and a justification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Indicate below which method of payment is preferred: 1. xx No advance payment is requested; payment will be made solely on a reimbursement basis. ... An advance payment of $ is requested; balance of payments will be made on a reimbursement basis. (Justification letter must be provided; advanced funds may not exceed 25% of total eligible award) 2. C. After the initial advance, if any, any further payments 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 circumstances must accompany the request for reimbursement. The County agrees to expend funds in accordance with the Scope of Work, Attachments A and A-I of this Agreement. D. 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 County by the Department that are not expended in implementing this program shall be returned to th~ Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. 1~ ~ 'wi E. The County shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. . F. Allowable costs shall be determined in accordance with apþlicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. G. At a minimum, the County shall continue to provide other funding for the County Emergency Management Agency at an amount equal to either: (l) the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency; or (2) the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. County 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 County Emergency Management Agency." The County 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. H. Should the County wish to carry forward, into the fiscal year beginning October 1, 2001, any unspent funds awarded under this Agreement, the County must request such carry forward of funds in writing to the Department by July 31, 2001. This request must include a detailed explanation and justification for the request and may not exceed an amount equal to 25% of the initial amount awarded ($105,806) under this Agreement. Failure to timely submit information, or failure to submit complete information, may result. in the denial of a request to carry funds forward. Any carry forward amounts appfoved will be added to the County'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 perSOnheI. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. 18 '-" "'" GRANT EMERGENCY MANAGEMENT ASSISTANCE TRUST FUND FY 00-01 $ 129,377.00 ADA Restrooms Civic Center Special Needs (Construction, other half of money is in account by Doug Anderson) (account number ?) $ 29,000.00 Uninterrupted Power Source replacement, current UPS is 16yrs old and parts are becoming unavailable (2510-564000) $ 28,000.00 Office Building to be built at EOC, funded last year never built new construction (account number ?) $ 30,580.00 Professional Services (2510-531000) $ 1,500.00 Furniture EOC/911 (equipment 2510-564000) $ 21,000.00 5%> Administrative Overhead (2510-549110) $ 6,469.00 Travel (251 0-540000) $ 3,500.00 , '-' "" Training and Education Registration (2510-554200) $ 1 ,500.00 Materials Center (2510-547005) $ 500.00 Equipment Maintenance (2510-546000) $ 500.00 Operating Supplies (2510-552000) $ 460.00 Equipment Under $750.00 (2510-551200) $ 450.00 800M Hz Radios $ 5,918.00 " TOTAL $129,377.00 wp\em\empa01 I ..., I - - 0 0 "N .¡ I Q) 0 .¡.J 0 I ~ 0 Q) -:t U 1.0 ~ ~ I t en Cf.) 0 0 ~ .r-! ,.. c: >' .¡.J . ~ W.... ~ .¡ N Zo ().r-! 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"I I \",,¡/ I I 1-1 0 QJ 0 I .¡.J N I: '.. QJ 0 U 0 0 f/) ..;t I I: 1.0 0 Lf'\ .~ I .¡.J 0 ~ ,-t I U) (,) Lf'\ U) .~ N a:: ~ I: I W... ~ ~ 0"1 Zo 8 Lf'\ 00 8 N I _N 0 ,-t U)' U 0 U)g 0 -0 ,-t :EN ,-t :Ea:: ~ 0"If/) \ .. I -0 a: 815 z QJ I: W .. W ..c::~ CD ~~ c :e .¡.JI.I-I ::E W w :) I z< Q CJ I.I-I.¡.J Z z ë ~, : o I: ... :)u w ~ OU) :E ',W a.. 001-1 z uti: :E'> w 1:00 :) o ~ ~ .~ 0 I u.~ ~ 1""18 (J 00' (.) a.. QJ 0 (J W a.. W -01-1 c( CLl. a:: c( z 01.1-1 a:: I- 8 <U) . QJ-o I 1-1 QJ OW f/) m:) 1-1 ~ ~g ~O..c:: 1.1-1(,) I 1-1 Za:: -o~ ::JI- QJ~ OZ -0 QJ QJ UW QJ,.o I W:E I: -c. 1""1 u- QJI""1 :):) I-I'~ ..JO ~ :- 1/ .W .¡.J ... ..~ +J E I: I: en 1-1 QJ E-4 ~ 8 ~ Z I.I-I~ I < .~ .~ U) :E :- ~ ,-t ~ QJO" 0 U C,,!) Z~ N H < I ~ ~ ,-t I :Q ~ 0 ::> pa I ø.. ::> ct ~ E-4 ~ U H Z z I ~ pa :it C,,!) ::> .. pa ~ t- O ~ ·z ··z W .. :E ~ a: ... ~ 0 0 ... t z ~ ~ ~ W z :e z w W t- CJ ::E ... :::E ü: ~ a: w c.. ~ C(. a.. C) i= 5 - Q. :5 c (I) 0 w 0 :J. . :J - ....... \wf --- v ----- AGENDA REQUEST ITEM NO. C-4 A DATE: October 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Use Agreement between Marine Industries Association Of The Treasure Coast, Inc. (MIATC) and St. Lucie County. BACKGROUND: MIATC is requesting the use ofthe South Causeway Park for a boat show that they are promoting in November. This corporation is a professional organization that has promoted boat shows along the Treasure Coast, as well as, around the country. As per county policy, a Use Agreement has been prepared by the county attorney's office. FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve the Use Agreement between Marine Industries Association Of The Treasure Coast, Inc. and St. Lucie County and authorize the Chairman to sign.<, [XJ APPROVED [] DENIED [ ] OTHER: Anderson ty Administrator COMMISSION ACTION: ,jJY County Attorney: Originating DePt:~¿ , Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: Other: other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\MIATC Use Agreem.wpd '-' ....." USE AGREEMENT THIS AGREEMENT entered into this day of , 2000, by and between MARINE INDUSTRIES ASSOCIATION OF THE TREASURE COAST, INC., a Florida not for profit corporation (hereinafter "MIATC"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "COUNTY"). WHEREAS, MIA TC owns an event currently known as the St. Lucie County In-Water Boat Show (herein referred to as "SLCBS"); and, WHEREAS, MIATC has entered into an agreement with ALLSPORTS Productions, Inc. (hereinafter "ALLSPORTS") to produce the SLCBS; and, WHEREAS, the COUNTY understands that pursuant to the agreement with MIATC, ALLSPORTS is solely responsible for all aspects of producing the SLCBS; and, WHEREAS, the COUNTY owns and/or controls certain property more commonly known as the South Causeway Park; and, WHEREAS, MIATC desires to hold the SLCBS on the grounds of the South Causeway Park upon the terms and conditions set forth herein; and, WHEREAS, the COUNTY desires to grant MIATC permission to hold the SLCBS on the grounds of the South Causeway Park upon the terms and conditions set forth herein; and, WHEREAS, MIATC and the COUNTY wish to ensure that the SLCBS is produced as a high quality event for both the public and the local marine community. NOW, THEREFORE, in exchange for good and valuable consideration, the receipt of which is hereby acknowledged, the above named parties do hereby covenant and agree as follows: I. DESCRIPTION OF SHOW The COUNTY hereby grants MIATC the right to use the South Causeway Park to conduct the SLCBS. This right specifically includes the use of the entire South Causeway Park facility, including, but not limited to, all parking lots, park areas, boat slips, and available electrical and water utilities for both in water and land space exhibitors. Additional electrical and water utilities for both in water and land space exhibitors shall be the responsibility ofMIATC. The SLCBS will include in- water exhibitions of vessels, exhibitions of vessels on land space and exhibitions by marine and marine related businesses on land space at South Causeway Park and the waters adjacent to the park. MIA TC shall be responsible for acquiring all necessary permits and/or licenses necessary for the SLCBS. MIATC shall provide copies of such permits and/or licenses to the County on or before November 8, 1 ~ "-" 2000. 2. DATES OF SLCBS Dates and times for the SLCBS will be 10:00 a.m. to 6:00 p.m. on November 10 and II, 2000 and 10:00 a.m. to 5:00 p.m. on November 12,2000. 3. PAYMENT TO THE COUNTY In consideration for the use ofthe South Causeway Park, MIATC agrees to compensate the COUNTY the total amount of two thousand and 00/100 dollars ($2,000.00) as herein provided. MIATC shall deliver the amount of five hundred and 00/100 dollars ($500.00) to the COUNTY on or before November I, 2000. In the event the amount of net revenue to the COUNTY from concession sales during the boat show does not equal one thousand five hundred and 00/100 dollars ($1,500.00), MIATC shall pay the COUNTY the full amount of the difference. Such payment shall be made on or before December 1,2000. In addition to the compensation described above, MIA TC shall also post a letter of credit or other form of security acceptable to the County in the amount of five hundred and 00/1 00 dollars ($500.00) as guarantee the removal of all trash and debris from the SLCBS prior to 5:00 p.m. on November 13, 2000. In addition, MIATC shall deliver funds in the amount of two hundred and 00/1 00 dollars ($200.00) to the County as a deposit against utility costs for the SLCBS. In the event the cost of such utilities is less than two hundred and 00/100 dollars ($200.00), the County shall return the difference to MIA Te. In the event the cost of such utilities exceeds two hundred and 00/1 00 dollars ($200.00), the COUNTY shall notify MIATC in writing of the amount owed. MIATC shall deliver such payment to the COUNTY within thirty (30) days of the date of such notice. 4. COUNTY RESPONSmILITY Pursuant to the agreement between MIATC and ALLSPORTS, the COUNTY recognizes that ALLSPORTS will be responsible for general overall site preparation and permitting of the SLCBS. The COUNTY agrees to assist ALLSPORTS in the general overall site preparation and permitting as necessary. 5. AVAILABILITY For setup and breakdown purposes, the COUNTY agrees to make the entire South Causeway Park available beginning on the Monday preceding the SLCBS and continuing through the Monday following the SLCBS. 6. TERM: TERMINATION The term of this Agreement will be from 8:00 a.m. November 8,2000 through and including 2 '-" ......,¡ 5 :00 p.m. November 13, 2000. Either party may terminate this Agreement for cause by giving seven (7) days prior written notice to the other party. 7. INDEMNIFICATION AGAINST CLAIMS MIA TC is and shall be an independent contractors and operators, responsible to all parties for all of their acts or omissions and the COUNTY shall in no way be responsible for such acts or omissions. MIATC shall and will indemnify and hold harmless the COUNTY from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the leased premises by MIA TC or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of MIA TC or its agent, servants, employees, customers, patrons, or invites, whether on South Causeway Park or surrounding area, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the period of the SLCBS as specified above in Paragraph 5, in or about the leased premises or surrounding area (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). 8. INSURANCE MIA TC shall procure and maintain for the period specified above in Paragraph 5 for each SLCBS during the term of the Agreement, at its own expense, the following insurance with the COUNTY named as an additional insured: (a) Commercial General Liability MIATC shall maintain commercial general liability insurance to include: I) premises/operations, products/completed operations (including XCV hazards) and personal and advertising injury for limits of not less than $1,000,000.00 per occurrence; 2) fire damage for limits of not less than $100,000.00 per occurrence; 3) medical payments for limits not less than $5,000.00 per person; and 4) general, per contract/project, aggregate limit of not less than $2,000,000.00. The policy shall also provide the COUNTY will be given a thirty (30) day written notice of cancellation or non-renewal and include the COUNTY as an additional insured. (b) Workers' Compensation and Employer's Liability: MIATC shall maintain workers' compensation insurance providing Florida statutory (Ch. 440, F.S.) limits to cover all employees and include Employer's Liability coverage with limits of not less than $500,000.00 for accidents or disease. The policy shall also provide the COUNTY will be given a thirty (30) day written notice of cancellation or non-renewal. 3 '-' 'wi (c) Certificate(s) ofInsurance: MIA TC shall deliver to the COUNTY a valid certificate( s) of insurance for the above- referenced coverage two weeks prior to each SLCBS. 9. CONCESSIONS The parties recognize and agree that the concessions for the SLCBS will be the sole responsibility of the County. Accordingly, any monies generated by the sale of concessions at the SLCBS will be the sole property of the COUNTY. The COUNTY agrees to coordinate the amounts and location of the concessions with ALLSPORTS. No alcoholic beverages will be served prior to 1:00 p.m. on November 12, 2000. 10. TRAFFIC CONTROL AND SECURITY Pursuant to its agreement with MIATC, ALLSPORTS will be responsible for providing adequate security for the SLCBS beginning on the Wednesday preceding the SLCBS and continuing through the Monday following the SLCBS. ALL SPORTS shall also be responsible for providing adequate traffic control during the hours of the SLCBS. ALLSPORTS shall coordinate security and traffic control with the City of Fort Pierce Police Department. The County shall assume no responsibility for security or traffic control. 11. PARKING Pursuant to its agreement with MIATC, ALLSPORTS will be responsible for all aspects of parking for the SLCBS. It is understood by the parties, however, that parking for the SLCBS will be coordinated with the COUNTY and the City of Fort Pierce. 12. NOTICES All notices required by law and by this Agreement to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: COUNTY: Board of County Commissioners 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copies to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia A venue Administration Annex Fort Pierce, Florida 34982 4 '-' '-' MIA TC: Marine Industries Association of the Treasure Coast, Inc. Post Office Box 1639 Stuart, Florida 34995 or to such other address(es) as MIATC or the COUNTY may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 13. SOLE AGREEMENT This Agreement constitutes the entire agreement between MIA TC and the COUNTY with regard to the SLCBS. Any modifications or amendment shall be made or ratified in writing to be binding on the parties. The headings in this Agreement are for convenience only and shall not be used to construe the Agreement. 14. ASSIGNMENT No party shall assign shall not assign this Agreement without the prior written consent of the other parties. This Agreement shall be binding upon all parties, their successors and assigns. 15. MEDIATION The parties hereto agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be submitted to mediation prior to instigating any legal proceeding. Mediation shall be conducted pursuant to the applicable rules and procedures set forth in the Florida Rules of Civil Procedure. Any costs or fees associated with such mediation shall be borne equally by the parties. Mediation shall be conducted in St. Lucie County, Florida. 16. VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for S1. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 17. ENTIRE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 5 '-t .~ IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: MARINE INDUSTRIES ASSOCIATION OF THE TREASURE COAST, INC., a Florida not for profit corporation BY: SECRETARY PRESIDENT (SEAL) g: \atty\agreemnt\miate. sIebs. wpd 6 , - - .......... -- '. ~ ....., ...., ~~ - -.... AGENDA REQUEST ITEM NO. C-4B ~ f;;;: -- ...., DATE: October 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Florida Inland Navigation District (FIND) - Grant Agreement BACKGROUND: For the past several years St. Lucie County has been in the process of building a new Boat Ramp Facility known as the Ft. Pierce Inlet Boat Launch Area, at an estimate cost of $836,000.00. Construction plans are 90% complete. We have received permits from FDOT & SFWMD and are awaiting permits from the Army Corp. of Engineers. Funding has been provided by: State of Florida $476,000, Park Impact Fee $30,000, Florida Boating Improvement Fund $134,116, US Fish and Wildlife grant $22,200 for a total of $662,316. The acceptance of the FIND (Florida Inland Navigation District) grant in the amount of $251,986 will bring the total project amount to $914,302.00. Staff recommends acceptance of the grant funds and requests the BOCC to approve the grant agreement. FUNDS AVAIL: N/A (Per OMB, Budget Account will be set up after Board approval) PREVIOUS ACTION: On March 28, 2000, the Board approved the submission of a grant application to FIND (Florida Inland Navigation District) under the 2000 Waterways Assistance Program, for the "Ft. Pierce Inlet Boat Launch Area". RECOMMENDATION: Staff recommends the Board accept the grant funds and authorize the Chairman to sign the Agreement between FIND (Florida Inland Navigation District) and the County for the "Ft. Pierce Inlet Boat Launch Area". /' If( County Attorney: þ-' .' Originating Dept:~ Finance: (Check r py only, if Applicable) Purchasing Mgr.: COMMISSION ACTION: NCE: [xl APPROVED [] DENIED [ ] OTHER: Mgt. & Budget: Other: Other: Eft. 1/97 H,\Projects\AGENDA ITEM REQUEST FT PIERCE INLET BOAT LAUNCH Ol-16-00.wpd COMMISSIONERS TED B. MOORHEAO CHAIR BREVARD COUNTY CHARLES R. FAULKNER VICE-CHAIR FLAGLER COUNTY JO ANN ALLEN SECRETARY ST LUCIE COUNTY CATHLEEN C. VOGEL TREASURER MIAMI-DADE COUNTY M. BRENT WADDELL MARTIN COUNTY LAURENCE D. LOCKER BROWARD COUNTY GEORGE P. BUNNELL INDIAN RiVER COUNTY PIERRE D. THOMPSON ST JOHNS COUNTY THOMAS P. JONES, JR. DUVAL COUNTY GRAYCE K. BARCK VOLUSIA COUNTY JI-ANG SONG PALM BEACH COUNTY DAVID K. ROACH EXECUTIVE DIRECTOR MARK T. CROSLEY ASSISTANT EXECUTIVE DIRECTOR .. '-' '-ti/ FLORIDA INLAND NAVIGATION DISTRICT October 03, 2000 Mr. Mike Leeds Director St. Lucie County Leisure Services 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Ft. Pierce Boat Launch Dear Mr. Leeds: Enclosed, for your signature, are two original project agreements for your approved Waterways Assistance Program project for fiscal year 2000-2001. Once they have been executed, please return both originals to me for execution by the District. When returning the agreements, also include an executed Exhibit C, Matching Funds Form. I will return one fully executed original agreement to you for your files. Should you have any questions please contact me. Sin~.~rely' _ /// I / I /;/// I'; 1// \1.../ / / v ¿II I ~~:;..L::.-? / f tl_ v ,- .,- Mark Crosley., Assistant Executive Director ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PAl M BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477·9498 (ÏËU;PJ:iQNE 561·627-338þFAX No 561·624·6480 www.aicw.org '-" -.....1/ FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. SL-00-29 This PROJECT AGREEMENT made and entered into this day of , 200_ by ,and between the Florida Inland Navigation District (hereinafter the "DISTRICT'), and the St. Lucie County Board of County Commissioners. (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the Florida Administrative Code (Exhibit "A"), the DISTRICT has detennined to provide assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Ft. Pierce Boat Launch. Said project is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at DISTRICT headquarters. Any modifications to the PROJECT shall require advance notice to and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 1, 2002, unless the PROJECT period has been extended with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT period extend beyond three (3) years from the October 1, 2000. The PROJECT SPONSOR acknowledges there are no provisions to carty over the DISTRICT assistance funding under this Agreement beyond September 30, 2003, and 1 - '-"I "-' that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Any request for extension of funding beyond the date set forth in the preceding paragraph shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July 1, 2002. This request will then be considered by the DISTRICT Board, whose decision shall be fmal. 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Thirty percent (300/0) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized PROJECT COSTS. as shown in Exhibit B and meeting the requirements of Paragraph 5 below and shall not, in any event, exceed $251.986.00. 4. MA TCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSIST ANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using DISTRICT Fonn #95-01 (Exhibit C), and including upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under the Project Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work perfonned within the PROJECT period, with the exception of pre- agreement costs, if any specifically identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT. 2 \.II ""-' 6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Project Agreement. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Fonn (Fonn #90-20) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in pa~ent requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LWSON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit A: personnel, equipment, project management, administration, inspection, and design, pennitting, planning, engineering, and/or surveying costs. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the tenns of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for fmal reimbursement of the PROJECT AMOUNT less any prior installment payments. The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of 3 - ,-,.I ~ the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Fonn No. 90-23 (Exhibit E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph 17. Unless othexwise detennined by the DISTRICT, the fmal reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT facility. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three- year retention period. 10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement, either in whole or part as it may determine, of the funds provided hereunder for noncompliance by the PROJECT SPONSOR with any of the tenns of this Project Agreement. Upon notification from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the DISTRICT. The provisions of this paragraph shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement and shall be responsible for monitoring perfonnance of its tenns and conditions and for approving all reimbursement requests prior to payment. 12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LWSON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 4 - \..I' ~ 13. STATUS REPORTS - The PROJECT SPONSOR'S LWSON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Fonn #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state and local permits and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with state and federal statutoI)' requirements for accessibility by handicapped persons as well as all other federal, state and local laws, rules and requirements. 15. NON-DISCRIMINA TION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. When such is required, adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years after completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 5 \..;', -.....t 17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a pennanent sign, approved by the DISTRICT, in a prominent location at the completed project which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this paragraph shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. 18. PROJECT MAINTENANCE - When and where applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and fmancial ability to operate and maintain said PROJECT facilities and improvements. 19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 6 \../1 ~ 21. RIGHTS AND DUTIES - The rights and duties ansmg under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 23. NOTICE - Any notice required to be given pursuant to the tenns and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To PROJECT SPONSOR at: St. Lucie County Board of County Commissioners Attention: Director - St. Lucie County Leisure Services 2300 Virginia Avenue Fort Pierce, FL 34982 24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 7 '-'I ~ 25. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this document, other than another governmental entity that agrees to assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. 28. LITIGA TION COSTSNENUE - In the event that the DISTRICT or the PROJECT SPONSOR institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm Beach County, Florida. [This space intentionally left blank] 8 '-"' .....,¿ IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. FLORIDA INLAND NAVIGATION DISTRICT By: WITNESSES: CHAIR DATE: PROJECT SPONSOR By: WITNESSES: Title: DATE: 9 , , '-'-' ....l EXHIBIT A CHAPTER 66B-2 - WATERWAYS ASSISTANCE PROGRAM 66B-2.001 66B-2.002 66B-2.003 66B-2.004 66B-2.005 66B-2.006 66B-2.0061 66B-2.007 66B-2.008 66B-2.009 66B-2.010 66B-2.0 11 66B-2.012 66B-2.013 Purpose. Forms. Definitions. Policy. Funds Allocation. Application Process. Emergency Applications. Application Fonn. Proj ect Eligibility. Proj ect Administration. Proj ect Agreement. Reimbursement. Accountability . Acknowledgement. 66B-2.001- Purpose~ Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created s. 374.976, Florida Statutes. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under s. 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. , , ~' ....,,¿ Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Fonnerly 16T -2.001. 66B-2.002 - Forms. All fonns for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Fonnerly 16T-2.002. 66B-2.003 - Definitions. The basic tenns utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURlSHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERN11ENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (9) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (10) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. 2 \wi ....,.¿ (11) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (12) "MEtvrnER COUNTY" means a county located within the taxing boundaries of the District which includes Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade Counties. (13) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (14) "PRE-AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (15) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (16) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (17) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (18) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (19) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (20) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (21) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (22) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a 3 v t...,,¡ first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (23) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (24) "WATERWAYS" means the Atlantic Intracoastal Waterway, all navigable rivers, bays, creeks or lagoons intersected by said waterway and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterway. (25) "WATERWAY RELATED ENVIROmÆENTAL EDUCATION" means an interdisciplinary holistic process by which the learner develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Specific Authority 374.976(2) FS. Law Implemented 374.976(\) FS. History - New 12-17-90, Amended 9-2-92,2-6-97, Fonnerly 16T-2.003, Amended 5-17-98. 66B-2.004 - Policy. - The following constitutes the policy of the District regarding the administration of the program: (1) Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Member counties 4 'wI '-I may also be provided financial assistance, support, and cooperation in planning and carrying out beach renourishment and inlet management projects. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, public recreation, inlet management, environmental education, law enforcement and boating safety projects directly related to the waterways. Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out beach renourishment and inlet management projects. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long~range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long- range dredge material management plan for that county. Navigation related districts may also be provided with assistance for environmental mitigation projects associated with waterway improvement related activities and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (2) The District will notify by direct mail and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. 5 \wi -....I (3) Approval of projects by the District shall be in accordance with these rules. (4) The District and the project sponsor shall enter into a project agreement prior to the release of program funds. (5) The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (6) The District shall release program funds in accordance with the tenns and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. (7) The site of a proposed land-based development project shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the fonn of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. (8) Facilities funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. (9) The project sponsor shall not commence work on an approved project prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. (10) The project shall be completed within three (3) years of the date beginning of the District's first fiscal year for which the project was approved. If the completion 6 , , ~ v of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (11) Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of (1) the percentage total of project funding which the Board has agreed to fund, or (2) the maximum application funding assistance amount. (12) All project costs must be incurred and work perfonned within the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be authorized if they are less than fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. (13) The project sponsor is responsible for obtaining and abiding by any and all federal, state and local penn its and regulations in the development of the project. (14) All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in s. 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (15) The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and 7 , , '-' v improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (16) The District shall tenninate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the tenns of the project agreement or this rule. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (17) All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. (18) Public infqrmation produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the publi1c. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History - New 12-17-90, Amended 2-3-94, 2-6-97, Fonnerly 16T-2.004, Amended 5-18-98, 3-31-99. 66B-2.005 - Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. If funds are detennined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Fonns No. 91-25 Waterways Assistance Program Application Evaluation and Rating Fonn, and 91-25A Waterways Assistance Program Navigation Districts Application Evaluation and Rating Fonn, (effective date 2-6-97) hereby incorporated by reference and available from the District office. 8 v v (1) In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) per cent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are detennined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, in counties that are recovering from a state of emergency declared under Chapter 252, Florida Statutes. (2) Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005( 1) from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the ports activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in Section 66B-2.005(1) from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. (3) All [mancial assistance and support to eligible governmental agencies shall require equal matching funds from the project sponsor with the exception of public navigation, law enforcement and environmental education projects. Project sponsors of public navigation projects shall provide matching funds of at least ten (10) per cent of the total cost of the project. Project sponsors of law enforcement and environmental education projects shall provide matching funds of at least twenty-five (25) per cent of the total cost of the project. All financial assistance to seaports shall require equal matching funds. (4) Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty per cent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an 9 '-' '-' inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally, the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management 1. Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to s. 161.161, F.S. Inlet management projects that are detennined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment 1. All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The detennination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with s. 161, F.S. (5) Eligible projects or project elements in the categories of public navigation, law enforcement and environmental education include: (a) Public navigation 1. Navigation channel dredging 2. Navigation channel lighting and markers 3. Waterway signs and buoys for safety, regulation or infonnation (b) Law enforcement 1. Waterways boating safety programs 10 ~ .......,¡ 2. Law enforcement and boating safety equipment (c) Waterways Related Environmental Education 1. Environmental Education Programs Waterways related environmental educational programs shall consist of coordinated efforts among the local community, the local school district and local governments. Eligible programs shall be available to the general public or a targeted segment of the general public. The curriculum for an eligible program shall be coordinated with the District, the local community, the local school district and local governments and shall be directly related to the environment of the waterways. 2. Environmental Education Facilities Eligible environmental educational facilities shall include buildings used for waterways related education and accessory facilities such as boardwalks, docks, signs, pavilions and other such structures that are directly utilized for education. Structures having environmental education signage but not adjacent to or associated with an environmental education facility shall not be considered a waterways related environmental education facility for the purposes of this rule section. Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History - New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98. 66B-2.006 - Application Process. (1) Applications for assistance through this program shall be submitted during the authorized submission period, which is from March 1st through May 1st of each year, unless modified by vote of the Board at a scheduled meeting. The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Resolution F onn No. 90-21 (effective date 12-17-90) hereby incorporated by 11 v '\....1 reference and available from the District office located at 1314 Marcinski Road, Jupiter, FL 33477. (2) Applications will be reviewed by the local FIND Commissioner before being submitted to the District Office. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 4-12-95) and for compliance with the eligibility requirements of this rule. If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 4-12-95). When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete appliçation in compliance with these rules, the application will not be considered for funding. (3) Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. The applicant's presentation will at a minimum include a discussion of the applicant's answers to the Evaluation and Rating Criteria on Form No. 91-25. Following the presentations, the Board will review the applications and evaluate them using the Project Evaluation and Rating Form No. 91-25 (effective date 4-12-95) hereby incorporated by reference and available from the District office. (4) The total points awarded to each application by the Commissioners will be averaged to detennine an applications final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 12 ---._~ "'" "-..."I points and two-thirds of the Commissioners vote for reconsideration of the application. (5) The Board will hold a funding allocation meeting at which time the Board will detennine the allocation of funds, if any, to each project. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Fonn. Allocations will also be based upon the specific needs of the individual counties. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 9-2-92,6-24-93,4-12-95, Fonnerly 16T-2.006. 66B-2.0061- Emergency Applications. Emergency applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 6-24-93, Amended 2-6-97, Fonnerly 16T-2.0061. 66B-2.007 - Application Form. Florida Inland Navigation District Waterways Assistance Program Application Fonn Number FIND 90-22 (effective date 4-12-95) and 93-22A (effective date 4- 12-95) are hereby incorporated by reference and available from the District office. All applications for financial assistance and support through this program from member counties and local governments shall be made on Fonn Number FIND 90-22. All applications for financial assistance and support through this program from navigation related districts shall be made on Fonn Number FIND 93-22A. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 6-24-93,2-3-94,4-12-95, Fonnerly 16T-2.007. 13 '-" v 66B-2.008 - Project Eligibility. (1) Financial assistance and support through this program shall be used to plan or carry out public navigation, public recreation, environmental education, boating safety, spoil site acquisition directly related to the waterways, inlet management, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, improvement, operation or maintenance of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging 2. Public navigation aids and markers 3. Public boat .ramps and launching facilities 4. Public boat docking and mooring facilities 5. Public shoreline stabilization 6. Inlet management projects that are a benefit to public navigation in the District 7. Waterway signs and buoys for safety, regulation or infonnation 8. Public spoil disposal site development 9. Waterways related environmental education programs and facilities 10. Public fishing and viewing piers 11. Public waterfront boardwalks 12. Waterways boating safety programs and equipment 13. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project 14. Other waterway related projects. 14 ,-/ v (b) Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, land acquisition and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping 2. Park and playground equipment 3. Restrooms for non-waterway users 4. Tennis courts 5. Roadways providing access to non-waterway users 6. Parking areas for non-waterway users 7. Utilities for non-waterway related facilities 8. Lighting for non-waterway related facilities 9. Irrigation equipment 10. Maintenance equipment 11. Picnic shelters and furniture. 12. Vehicles to transport vessels. (c) Subject to approval by the Board of an itemized expense list: 1. The following project costs will eligible for program funding or as matching funding: a. Project management, administration and inspection; b. Design, pennitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. 2. The following project costs will be eligible only as matching costs and can not exceed fifteen (15) percent of the applicants match: a. Applicant's non-recuning personnel costs; b. Applicant's equipment costs; c. Applicant's in-house project management administration and inspection costs; 15 "" v d. Applicant's in-house design, permitting, planning, engineering or surveying costs for completed construction project; e. Applicant's other in-kind services. Before reimbursement is made by the District on any of the costs listed in subsection 1. or 2. above, a construction contract for the project, approved and executed by the project sponsor and project contractor, must be submitted to the District. Cd) Applications for eligible waterway projects which include construction elements below mean high water will be submitted as a phased project where Phase I will include the design, engineering and pennitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work will be submitted along with the Phase I· application for Board review. Applicants for Phase II funding will demonstrate that the environmental permitting eleIT).ent of Phase I will be completed prior to the tentative approval date of funding for Phase II. Should the environmental permitting element of Phase I of an application for a construction project not be completed by the District's meeting where tentative funding decisions for this program will be made, the Phase II project will not be considered for funding. An applicant may file a petition pursuant to the rule waiver procedures of s. 120.542, F.S., and Chapter 28- 104, F.A.C., to extend the date for receipt of the required environmental pennits. Petitions filed pursuant to this rule section should be submitted to the District no later than July 1st to facilitate the orderly process of this program and the preparation of the District's fiscal year budget in which the assistance funds will be included. The District will not deviate from the funding schedule, whereby funding decisions are completed at the final TRIM hearing, to accommodate any applicant filing a petition after that date. (2) The Board will make all final decisions on the eligibility of a Project or specific project costs. 16 " ~ v Specific Authority 374.976(2) FS. Law Implemented 374.976(1) - (3) FS. History - New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Fonnerly 16T-2.008, Amended 5-17-98, 3-31- 99. 66B-2.009 - Project Administration. The District will administer all funded projects through an executed project agreement. The District will appoint a project manager who shall be responsible for monitoring project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) A project agreement will be executed between the Djstrict and the project sponsor. (2) The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. (3) The liaison agent" may submit periodic reimbursement requests during the project period. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (4) Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (5) Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-23 (effective date 12- 17-90) hereby incorporated by reference and available from the District office, 17 ~ \.."./ which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by s. 66B-2.013. (d) Photograph(s) of the completed project clearly showing the program improvements. (6) The project manager will review the project completion package and will authorize or reject the final reimbursement payment, which will include all retained funds from previous requests. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Formerly 16T-2.009. 66B-2.010 - Project Agreement. (1) For each fuhded project, the District and the project sponsor will enter into a project agreement setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. (2) All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. Agreed changes shall be evidenced by a fonnal amendment to the project agreement and shall be in compliance with these rules. (3) All project agreement amendments shall be approved by the District board except that the executive director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's 18 1 1 '-' v category nor result in a reallocation of more than 35% of the approved funding of the project among project elements. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 9-5-96, Fonnerly 16T -2.0 10. 66B-2.011- Reimbursement. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Fonn and required supporting documents, FIND Fonn No. 90-24 (effective date 6-24-93) hereby incorporated by reference and available from the District office. (1) All project costs shall be reported to the District and summarized on the Reimbursement Request Fonn. All requests for reimbursement shall include supporting documentation such as billing statements for work perfonned and cancelled paym-ent vouchers for expenditures made. (2) The District shall retain ten per cent of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the tenns of this agreement: (3) The final reimbursement check shall be presented by a District representative to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (4) In accordance with these rules, reimbursement can not be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended 6-24-93, Fonnerly 16T -2.0 II, Amended 3-31-99. 19 '-' v 66B-2.012 - Accountability. The following procedures shall govern the accountability of program funds: (1) Each project sponsor is responsible for maintaining an accounting system that meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) The project sponsor shall submit quarterly project status reports to FIND during the project period. These reports will summarize the work accomplished since the previous report, problems encountered, percentage of project completion and any other appropriate infonnation. (3) All required final completion certification documents and materials as outlined in s. 66B-2.009(5) of this rule shall be submitted to the' District prior to final reimbursement of program funds. (4) All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Fonnerly 16T-2.012. 20 \wi v 66B-2.013 - Acknowledgement. The project sponsor shall erect a pennanent sign, approved by the District, in a prominent location at the completed project, which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Formerly 16T-2.013. 21 , , ~ "" EXIllBIT B , . Reyision # 2 09/27 /O~ , ' FLORIDA INLAND NAVIGATION D~Snu;CT WATERWAYS ASSISTANCE ,PROGRAM NAVIGATION RELATED DtSTRICTS · PROJECT COST ESTrn'IATE . PR9~CT TITLE; APPLICANT: Ft. Pierce Inlet Boat Launcb.Area St. Lucie County Board ({ County Commissioners Project Elements Quantity Estimatl:d Applicânt's (Number and/or Cost Cost Footage) FIND Cost Phase I: FDOT Turn Lane 95,491.00 54,891.00 40,600.00 Upland Park 422,886.00 211,486.00 -211,400.00 Restroom ~ "2[ \ /33.6 Parks , Lands,caping Utilities Phase IT: DockslRamps 357,523.00 ' 357~5·23.00, ' 0.00 Form No. 90-%5 (New 10/14/92) 875,900.00 '623;900.00,' 252.899.00',· ,', ' $if/, <f ~k, Totals , , ·...lfIIl \wt EXHffiIT C FLORIDA INLAND NA VIGA TION DISTRICT WATERWAYS ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2000, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement. between the Florida Inland Navigation District and the Sponsor, dated October 2000. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 95-01 New 9/9/95 , , ~ EXHIBIT D '-' FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT NO.: PROJECT SPONSOR: BILLING NO.: Amount of Assistance Funds Previously Requested Balance Available Jr = Funds Requested Less Retainage (10%) Check Amount Jr = Balance Available Less Check Amount Balance Remaining Jr = SCHEDULE OF EXPENDITURES Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "B") Check No. Total Vendor Name and Date Cost Applicant Cost FIND Cost FIND· Form No. 90-24 Rev. 9/3/92 , , "'" FIND - Form No. 90-24 Page Two ~ EXHIBIT D CONTINUED SCHEDULE OF EXPENDITURES Expense Description (Should correspond to Vendor Name Cost Estimate Sheet Categories in Exhibit "8") Check No. and Date Total Cost Applicant Cost FIND Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "8" of the Project Agreement. Project Liaison Date FIND· Form No. 90-24 Rev. 9/3/92 , , \w- ~ EXHffiIT E FLORIDA INLAND NA VIGA TION DISTRICT WATERWAYS ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project #: I hereby certify that the above referenced project was completed in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and , dated , 20_, and that all funds were expended in accordance with Exhibit "B" and Paragraph 1 of the Project Agreement. Project Liaison Name: Project Liaison Signature: Date: NOTARY SEAL FIND Form No. 90-13 Rev. 9/3/92 , , '- '-' EXHIBIT F WATERWAYS ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct I-DEC 15 Report Due: (Dec 31) Dec IS-Mar 1_ Mar I-June 15_ June 15-Sep 1 (March 15) (June 31) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 , , """ '-' EXHIBIT G W A TERW A YS ASSISTANCE PROJECT SCHEDULE OCTOBER 2000 - Project Agreement Executed, Project Initiates. DECEMBER 31,2000 - First Quarterly Report Due. MARCH 15, 2001 - Second Quarterly Report Due. JUNE 30, 2001 - Third Quarterly Report Due. SEPTEMBER 15, 2001 - Fourth Quarterly Report Due. DECEMBER 29,2001 - Fifth Quarterly Report Due. MARCH 15, 2002 - Sixth Quarterly Report Due. JUNE 29, 2002 - Seventh Quarterly Report Due. NOTE: If project will not be completed and all close out paperwork submitted by September 1 S\ a request for an extension of the completion date of the project should be submitted with the quarterly report. SEPTEMBER 3, 2002 - Closeout paperwork due. September 28, 2002 - District fInishes processing closeout paperwork, performs project inspection and submits fmal reimbursement check to sponsor. NOTE: Any modifications to the PROJECT shall require advance notice and prior written approval of the District. Appropriate timing for modifIcations to the project cost estimate, Exhibit C, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit B may result in revocation of this agreement pursuant to Paragraph 11 of the project agreement. '-'" ~ EXHIBIT H FLORIDA NAVIGATION INLAND DISTRICT i-/' ~ -..",I tIII"""': AGENDA REQUEST ITEM NO. c..~ G DATE: October 24, 2000 CONSENT [X REGULAR [ PUBLIC HEARING [ ] Leg. [ Quasi-JD. [ SUBMITTED BY (DEPT): Leisure Services P~TEg BY: , (,r(. Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Authorize the submittal of a grant application to the Conservation Assessment Program (CAP), administered for the Institute of Museum and Library Services by Heritage Preservation, a not-for profit conservation association. BACKGROUND: The Institute of Museum and Library Services developed the Conservation Assessment Program for smaller museums to assist in identifying a long-range conservation plan. Historical museums that have a long-range plan increase their chance of becoming accredited and increase their chance of receiving grant funds. CAP supports a 2-day site visit by a conservation professional to perform the assessment and up to three days to write the report. A general conservation surveyor assessment provides an overview of all of the museum's collections, as well as its environmental conditions, and policies and procedures relating to collections care. The report assists the institution by: providing recommendations and priorities for conservation action, both immediate and long-term; facilitating the development of long-range institutional plans for the care and preservation of the collections; and serving as a fund-raising tool for future conservation projects. The Conservation Assessment will assist the County in determining the long-range goals for the Historical Museum and assist in preparing grant applications. FUNDS AVAIL: The grant will be for $3,730 and will require a $270 local match. The funds are available in the museum's general operating account. PREVIOUS ACTION: There has been no previous action on this item. RECOMMENDATION: Staff recommends that the Board authorize the submittal of the grant application to the Institute of Museum and Library Services / Heritage Preservation and authorize a match of $270. [ X] [ ] APPROVED OTHER: DENIED sAnderson Administrator COMMISSION ACTION: ¡/ C~ty Attor~Y'~~ ' V Originating DePt:~' '. (. Finance: (copies only): Purchasing: Public Works: Other: Agehmoper.doc j '-' 2001 ¡MLS Conservation ksessment Program OMB No. 3137-0018 CAP Form No. 107 Face Sheet 1. Applicant Museum """ Application Fonn. 2. Museum's Mailing Address 3. City 4. State 5. Zip Code 6. Museum Director 7. Business Phone of Museum Director 8. FAX Number of Museum 9. E-mail address of Museum Director -- (Check One) oMs. o Mr. o Mrs. o Other (specify) 10. Name of sponsoring institution/parent organization, if applicable (e.g., municipality, state, or university) 11. Governing control of museum select one of the following: o 1. State 2. Municipal 3. County IT] 05.General* 06. Historic House /Site 07. History 08. Natural History / Anthropology 12. Museum's discipline select one of the following: 01. Aquarium 02. Arboretum !Botanical Garden 03. Art 04. Chlldren's/Youth 13. Is the museum college or university controlled? (Check One) 14. Museum's attendance for the 12-month period prior to application. 4.1LribalC;overnrnent 5. Private Nonprofit 6. Other (specify) 09. Nature Center 10. Planetarium 11. ScienceIT echnology 12. Zoo 13. Specialized** (specify discipline) DYes oNo 15. 1Lotal number of hours the museum was open to the public for the 12-month period prior to application. 16. Year the museum was first open and exhibiting objects to the general public. 17. Number of full-time paid museum staff. 19. Number of full-time unpaid museum staff. 18. Number of part-time paid museum staff. 20. Number of part-time unpaid museum staff. 21. Museum's non-Federal operating income for the most recently completed fiscal year _ (year) $ .00 22. Museum's non-Federal operating income for the second most recently completed fiscal year _(year) $ .00 . A museum with collections representing two or more disciplines equally (eg. art and history) .. A museum with collections limlted to one nanvwly-deD.ned disdpline (eg. textiles, stamps, maritime, ethnic group) For Heritage Preservation Staff Use Only : For IMLS Staff Use Only: Date of Application Grant Award Period Herttaae Preservation' OrA"t Amnllnt ELIGIBILITY REQUIREMENTS PRIOR IMLS AWARDS MUSEUM HOURS ------ ~ ~ . A'::œtion Form Grant Processing Information Sheet ...., 2001 IMLS Conservation kreøment Program ALL IMLS CONSERVATION ASSESSMENT PROGRAM APPLICANTS MUST ANSWER THE FOLLOWING QUESTIONS. Check the appropriate answer. 1. Is the museum organized as a public or private nonprofit institution that exists on a permanent basis for essentially educational or aesthetic purposes? o Yes 0 No 2. Does the museum care for, and own or use tangible objects. whether animate or inanimate? o Yes 0 No 3. Are these objects exhibited to the public on a regular basis through facilities the museum owns or operates? o Yes o No 4. Is the museum open and exhibiting to the public at least 120 days a year? o Yes 0 No 5. Does the museum have at least one full-time paid or unpaid staff member or the equivalent, whose primary duty is the care, acquisition, or exhibition to the public of objects owned or used by the museum? o Yes 0 No o Yes o Yes o Yes o Yes o Yes o Yes _Year o Yes o Yes o Yes o Yes o No o No o No o No o No o No o No o No o No o No List below the museum's schedule each day of the week. Include only those hours that the museum is open to the public (e.g. 9:00 a.m. - 5:00 p.m.). If the schedule is seasonal, nil in the months that apply (add additional lines if needed) . MONTH TO MONTH SUN MON TUES WED THURS FRI SAT HAS THE MUSEUM RECEIVED A MAP I: Institutional Assessment grant? MAP II: Collections Management Assessment grant? MAP III: Public Dimension Assessment grant? GOS grant? CP grant? CAP grant? TAG* grant? NLG grant? SP* grant? MLI* grant? ,. Spedal Project Support Granà and Technical A.sristar1œ Granà are no longer avaUable from IMLS. Museum Leadenhip Granà haw beM repJaœd by "Museums In the CommunIty" and are a component of the NatJonal LeadmhJp Grams for Museums. - - CERTIFICATION OF AUTHORIZING OFFICIAL '-" 2001 [MLS Conservation Assessment Program ..J AppHcatJon Fonn . IMLS Assurances The [MLS is required to obtain from aJJ applicants certiflcadons regarding federal debt status, debannent and suspension, non-discrimination, and a drug-free workplace. Applicants requesting more than $100,000 in grant funds must also certify regarding lobbying acdvides and may be required to submit a "Disclosure of Lobbying Acdvides" (Standard Form LLL). Some applicants wiD be required to certify that they wiD comply with other federal statutès that pertain to their particular situadon. These requirements are incorporated in the A.øuranœs Statement below. Review the Statement and sign the certlflcadon form. If you receive a grant, you must comply with these requirements. (The applicant organizadons authorizing official should sign the following cerdflcadon after aD other parts of the application form have been completed) I have examined this application and I hereby certify that 1) the infonnation provided is true and correct; and 2) all requirements for a complete 200 1 Conservation Assessment Program application have been fulfilled. Should I receive a grant. I will comply with all requirements of the IMLS Regulations 45 CFR Part 1180*. all statutes outlines above and all other applicable Federal statutes and regulations Signature of Authorizing Official Date Name and Title of Authorizing Official (printed or typed) '" /MLS Reguladons are avallable upon request. ASSURANCES STATEMENT By signing the application form. the authorizing official, on behalf of the applicant, assures and certifies that, should a grant be awarded, it will comply with the statutes outlined below and all related IMLS regulations. These assurances are given in connection with any and all financial assistance from IMLS after the date this form is signed, but may include payments after this date for financial assistance approved prior to this date. These assurances shall obligate the applicant for the period during which the Federal financial assistance is extended. The applicant recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in these assurances, and that the United States government has the right to seek judicial enforcement of these assurances, which are binding on the applicant, its successors, transferees, and assignees, and on the authorized official whose signature appears on the application form. ., ~ ~ -....I AGENDA REQUEST ITEM NO. C4d DATE: October 24, 2000 . REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Approval of C&H Baseball and Metals, Inc. based on an emergency need and waiver the bid process requirements. BACKGROUND: Please see attached: FUNDS AVAILABLE IN: 461-75201-563000 (Project # to be determined)Sports Complex Fund- IMPROVEMENTS OTHER THAN BUILDING PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve C&H Baseball and Metals based on an emergency need and authorize the Chairman to sign the contract. [x] APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: u Anderson Co nty Administrator County Attorney:µ Originating DePt:_,·/l Finance: (Check for Copy only, if Applicable) Mgt. & Budget· P."h..I., M".,A other: Other: H:\WP\C& H Baseball agenda.wpd .. i '-' "-II Background:Agenda Item # C4d (C& H Baseball and Metals, Inc. sole source request) Investment For The Future-Phase II Mets Stadium Currently, the backstop netting behind home plate at Thomas J. White Stadium field is comprised of a number of galvanized poles measuring 6 inches in diameter. These poles have proven to be an obstacle to the line of sight and have limited the marketability in several seating sections. Additionally, the two poles on the outer most perimeter have exhibited signs of structural deterioration. We have researched similar situations at other major and minor Florida State League facilities and have determined that the solution to our problem has been best addressed at the Detroit Tiger Training facility in Lakeland, Florida. The final or improved installation will be a system of cables attached to the upper sk)' boxes. Support poles will also be installed at two field entry sites adjacent to the Visitors and Mets home locker rooms. \Ve are requesting that C&H Baseball and Metals, Inc. be considered as the sole source for the scope of services needed based on the fact that no other company/corporation that engages in professional baseball items such as this have expressed an interest. The need for this to be handled as expediently as possible is so as not to negativ~ly impact the integrity of a newly sodded field and expanded warning track. In order to install the cabling, an articulating crane will need to be brought on the field and the stabilizers that secure the crane for operation would damage the warning track and newly placed sod. ~ ("') ~ - "':" "'0 c:J "" - ~:r., "" c:J )(O~- ~ ~::I c..V1 !JI \Q~~o- " ~~:::. 0 0'" _.,.0:;- ~ -...J-? N...... O:¡ ~ -...J ~:J. :; ON < :.. -V1-...J.....~ ~.:... t r:-: ~ V10þJ " ~ "" ~ ; pi - :I ,., I -i ;:::,: ~ Z- -< t:::d ;:¡:. p.- C,,::) $ t:r.j Cd ~ §S , c.... C' \ (\\ en 0 7': ~ I'Þ ::: Õ .~ '::J' Z o ~ Ç) ~~~ ,~~ ~~~. ~"'-~ ~ ~ ", '" \. ... .~"" ~., ". -:: 't. .. ""'\ J! 4- <. ..." -~ "- 1> \ -- I\:, , , , , -- , , '. " /J7 "c;. 4 /'t¡ .Ò, >'¿, ~ C.t;'€/_ ~. .s S~ '-C=" ~..e ~.;Op.J"''''-T ~,.f' . TA /'~ ". . 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'l',~)"""'''I''',''"P. ~""}'>""I"',',r'J{""'" ,,",:,;}SA~""',"', "":',',~"", , ')"'<"',"; ,'", ,,.,, "'" t, ." / ') \~~ ,." ".",,\, "',,:' ,'-, ", ',," : " ".: ;,,,,,,-.Ift ROO Huff -()p::rnti<n; '-" ; oJ C & H BéW:BlI 22158t1Æ\eBs I3nrl:rnI, FL 34203 941-W-1533 Fax941-727~88 (' c,., ~ . ~ 8 Þ. ~ Proposal Submitted to Date: 10-03-00 Mr. Tom Bowes Phone: 561-871-5478 Fax: 561-871-5456 Job Name: St. Lucie Sports Complex ~ fu Job Location: St. Lucie, FL ~ WE PROPOSE TO SUPPLY AND INSTALL THE FOLLOWING: BACKSTOP NET AND PIPE AND CABLE SUPPORT SYSTEM AS SHOWN ON OUR SKETCH NYM-100 & NYM 101 INCLUDES THE FOLLOWING 1 NEW MAIN CABLES TO SUPPORT THE NET AS SHOWN ON SKETCH 2 TWO 4" DIA SCHEDULE 40 PIPES 21' TALL. THESE PIPES WILL BE ATTACHED TO THE SIDE AND WALL OF THE PERMANENT GRANDSTANDS (BY THE ACCESS GATES), WE WILL ANCHOR THESE PIPES WITH 1" WEDGE ANCHORS THROUGH BRACKETS WELDED TO THE PIPE, THIS METHOD HAS BEEN USED ON SEVERAL BACKSTOPS IN THE PAST SUPPLY AND INSTALL A NEW FRONT NET, C&H BASEBALL 504 NETTING 120',.20 INSTALLATION OF THE ABOVE ITEMS WE WILL REMOVE OLD PIPE SUPPORT SYSTEM AND CAP THE TOP, REMOVE WALL PADDING WERE NEEDED TO AVOID DAMAGE AND REATTACH WE WILL TENSION THE TIEBACK CABLES IF NEEDED, !NSTALL TIEDOWN CABLE AND BRACKETS ON TOP OF CAP FROM OLD PIPE SUPPORT SYSTEM THIS SYSTEM IS BASED ON THE DESIGN AT LAKELAND, FLA . 3 4 5 6 -, I 8 9 PRICE $19:94600 WE WILL NEED ACCESS TO THE WARNING TRACK AREA WITH A TRUCK CRANE AND 40-Bn LIFT THIS PROPOSAL IS SUBJECT TO THE TERMS AND CONDITIONS LISTED ON THE ATTACHED C&H BASEBALL PROPOSAL TERMS AND CONDITIONS DATED 01/01/00 These prices do not include sales tax unless specifically listed. ~r: Rob H~ Note This Proposal may be withdrawn by us if not accepted within 30 days -~~. ~ ....,¡ AGENDA REQUEST ITEM NO. C5A- DATE: Oct. 24 ,2000 SUBMITTED BY (DEPT): PUBLIC WORKS DEPT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ¿:~£.~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approve Change Order Number 1 in the deductive amount of ($650); accept the project; release the retainage in the amount of $1 ,935.00; and make Final Payment in the amount of $1,935.00 to Ludlum Construction Co., Inc. for the Sagamore Waterway East of Airoso Boulevard Maintenance Dredging Project. BACKGROUND: In October of 1995, the headwall on the east side of Airoso Boulevard, which conveys water into the Sagamore Waterway, failed. The culvert and headwall were repaired shortly thereafter, however, the failure resulted in some siltation ofthe canal. In July 1996, the BOCC approved dredging the Sagamore Waterway in the amount of $20,000. On March 14, 2000, the Board awarded the contract to remove the resulting siltation of the headwall failure and restore the Sagamore Waterway under "Maintenance Dredging" to Ludlum Construction Co., Inc. The work has been satisfactorily completed according to the contract documents. FUNDS AVAilABLE: Funds are available in Fund No.1 01 003-41134-563000-42503 (Transportation Local Option Drainage). PREVIOUS ACTION: The Board awarded the Sagamore Waterway Maintenance Dredging Contract on March 14, 2000. RECOMMENDATION: Staff recommends the Board approve and authorize the chairman to sign Change Order Number 1 in the amount of ($650.00), resulting in a total contract amount of $19,350.00; accept the project; and release retainage in the amount of $1,935.00 and make final payment to the contractor in the amount of $1 ,935.00. [; APPROVED [] DENIED II OTHER ~ [x] County Attorney , [x] Originating Dept. Public Works ~/-'l..- (Check for copy only, if applicable) , las Anderson C unty Administrator 1'1 Mgt. & ."dg,t ~ 1'1 F;o,"" 10" ct::l [x] Project. Man. ~ [x) Budget & Rev. Coor. ßI't-t1 ENCE: COMMISSION ACTION: .' ..*,¡,,~....... .................. ...."... -- "'....,....... ... .......,........ "'; , l".... ROJECT NAME: Sagarrore Waterway (Ea~f Airoso Blvd) Maintenance Dredging '-'II BOARD OF COpNTY COMMISSIONERS OWN ER: AT. T. fIr. T F: r.OTlNTY. FT.O.R.ll2A NGINEER'S PROJECT NO.: 9906 Ludlum Construction Co., Inc. :¡NTRACTOR: ~PLICATION AMOUNT: CONTRACT DATE: 5/5/2000 $1,935.00 6/21/2000 APPLICATION DATE: 6/21/00 INITIAL CONTRACT AMT. BASED ON EST. QUANTITIES $ 20,000.00 )R PERIOD ENDING: II,BULATION OF A~10UNT DUE THIS APPLICATION ~IGINAL CONTRACT AMOUNT COMPLETED TO DATE See Attached "Estimate of completed work") JANGE ORDER NO. ...l..-~650. 0(\ COMPLETE (+) IANGE ORDER NO. ~@_____% COMPLETE (+) IANGE ORDER NO. '_@_% COMPLETE (+) iANGE ORDER NO. _____@_____% COMPLETE (+) ~EVIOUS PAYMENTS: L $ 9,495.00 ~ $ 7,920.00 ¡ $ i $ )TAL $ 17.415.00 DATE (+) $ PAY. (-) $ $ TOTAL WORK TO, LESS PREVIOUS SUB-TOTAL LESS FAILED LAB. TESTS AS APPLIED FOR BY CONTRACTOR $ 20,000.00 $ 650.00) $ $ $ AS APPROVED BY ENGINEER $ 2.0. (,/"Jff"', "" $ ( - ,;SO, ..) $ $ $ $ 19 , 3S0, o~ $ 17. 4\ OS, '" $ I. 93S, w (-) $ 19,350.00 17,415.00 1,935.00 AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ I, 93'5. .... mTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that ~l obligations incurred by the Contractor under this Contract to date have ~en disoharged in fulll that no suits are pending in connection with the work \der the Contractl that the Contractor agrees to the total final price of 19.350.00 and final payment of $ 1,935.00 as full settlement of his Jcount under the Contract and of all 'claims in connection th~J:,~!'/tth. ,._~ ii' '.i' I,' " /I 0 lr, II" ¡l. II ,I r- President n i 'I \. ' J s K. S 'UNTY MARTIN L-.. ATE OF FLORIDA r;:r.'·:,IF'~·:-·""·' Before me this 21st day of June , ~OQ-_':';"~pi~i'S-oAäÚ~ pea red Jarœs K. Schwarz , known to me, who being duly sworn, did pose and say that he is the President (Office) of the ntraotor above mentioned 1 that he prepared attached application for payment d executed above affidavit on behalf of and that all of the atements'contained Inc. TITLE I, " , 'ôommission LuAnn Prancc,SÇ() MeA leer ':I MY COMMISSION # CC 739506 "1\" EXPIRES: OSAU/2002 1·,oo.J.WOTARY PI.. Nolai)' SmiCC'1 & nonc!inJ~ Co. ..~~~ --1- .I t ~/.J-(~ r VL Notary Public .....,,' " . ¡ >~. .' " . - , , BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed the Engineer. The Engineer hereby approves final payment under this olication in the amount of $ , less liquidated damages 3essed by Board, WITH~CTUAL PAYMENT SUBJECT TO CONTRACTORIS SIGNING ABOVE ~IDAVIT. ~~\ A , ~Ñ~~' ST. LUCIE COUNTY ENGINEERING DEPARTMENT ~E: APPROVED BY Donald B. West, P.E. County Engineer ¡tract Time Began: >stahtiâl Completion on: ~ual Construction Time: ¡traot'Construction Time: .ny D!iYS Allowance: \er Overrun Allowances: Overrun: Finance Officer Cal. Cal. Cal. Cal. Cal. Days Days Days Days Days CHECKED BY PREPARED BY 4 ('" ,:2'Ú/J 0.~~ St. Lucie County Eng. Depart. >. C'Ø ~ ! C'Ø ~ (1) I- o E E :J C'Ø- cn"'O C'Ø :J (/)....J t <1J °e CL .... e Õ ~ C e o C> C> C> <:> <:> <:> <:> <:> <:> g <:> <:> <:> <:> <:> <:> C> <:> <:> <:> <:> <:> 0 <:> <:> <:> <:> <:> <:> <:> 0 ]j ., ci ci ci ci ci ci ci ci d d ci ci ci ci ci ci ci ff> ffl <I> ff> ffl ffl <I> <I> <I> <I> <I> <I> <I> <I> <I> <I> '" .!:! ill 0 õ:. <I> +-' I- ., ., ::I cr ., a::: M ., '" 'It .!1 <ïí '" !l. '" "ë õ.. M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" <> E ~ m õ ::> !: > 0 ¡¡: !: t) C> 0 0 C> 0 <:> 0 0 <:> 0 0 0 0 0 <:> 0 0 0 0 0 0 0 0 0 <:> 0 0 0 0 0 ci ci ci ci ci ci 0 ci ci 0 ci ci ci 0 0 .. '" <I> <I> <I> <I> 0 <:> <:> 0 0 0 0 0 «> «> «> ,5< o. 0_ «> «> «> «> ill <D ~ ~ ~ õ õ:. ~ ;;; <I> <I> <I> <I> <I> <I> <I> <I> <I> I- <I> '" .$ 'It .!1 '" '" õ.. '" M " ë E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Õ ::> 0 > t) !: 0 0 0 0 <:> 0 0 0 0 <:> 0 <:> 0 0 0 0 0 0 0 <:> <:> 0 0 0 0 0 0 <:> 0 ci ci ci ci 0 0 ci ci 0 ci d ci 0 ]j '" '" 0 '" '" ff> <I> ff> ff> ff> ff> ff> ff> ff> <f> <> <D '" N 0 '¡: <f> a> <I> <f> I- !l. <I> 'It .$ .!1 ., '" õ.. M " '¡: E ~ ~ ~ 0 0 <:> 0 0 0 0 0 <:> 0 0 0 0 0 'õ ::> 0 > t) .E 0 0 0 0 0 0 0 0 0 0 <:> 0 0 0 0 0 0 0 0 0 0 0 0 0 ci ci ci ci 0 0 ci ci ci 0 ci 0 .. '" '" 0 '" '" 0 0 0 0 0 0 0 0 ,5< ill "'- ~ N 0_ 0_ '" '" «> '" ill ill Õ õ:. <I> (J) <I> <I> ;;;; ;;;; <f> <f> <I> <I> <f> '" l- ff> 0 0 0 0 0 0 0 0 0 0 +-' '" ci ci 0 0 0 '¡: .~ '" '" '" 0 0 '" ;;;; N O. 0_ ::> !l. '" - " .' -:;. '-" ~ CHANGE ORDER ST. LUCIE COUNTY PROJECT: Sagamore Waterway Dredging (name, address) CHANGE ORDER NUMBER: 1 INITIATION DATE: 5/25/00 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A Ludlum Construction Co., Inc. 4-~~~ ,3050 SE Dixie Highway P~Æ-a.4999-Stuart, FL 34997 ST. LUCIE COUNTY CONTRACT NO: COO-03-272 CONTRACT DATE: 3/14/00 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - No) DELETE: Item: 001 Record Drawing (Post Survey) Units: Dredge Seg. Qty: 13 Unit Price: $50.00 ($650.00) The original (Contract Sum) was ............................................................... $20,000.00 Net change by previous authorized Change orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ -0- The (Contract Sum) prior to this Change Order was .............................;.................. $20.000.00 The (Contract Sum) will be decreased by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $(650.00) The new (Contract Sum) including this Change Order will be ........................................ $19,350.00 The Contract Time will be (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( -0- ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 6/19/00 Funds Available: Account Number 101003-41134-563000-42503 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non- affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Approved: St. Lucie County Public Works St. Lucie County Department 2300 VirQinia Ave.. Fort Pierce. FL 34982 Add Date: 5/26/00 Pierce, FL 34982 Ludlum Construction Co.. Inc. Contractor 3050 SE Dixie Highway, stuart, FL 34997 4-~~e~.::~iÞ,L;..f-b.~QQ. /~~d~::. //;:~/~'7 :: . / ,/ , Bý: Richard Nunež Date: By Date Approved as to Form and Correctness County Attorney .......... /. -~ '-" \rwI DIVISION OF ENGINEERING MEMORANDUM 00-155 ~~@~~~~~~~~~~~~~@~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I~~~~~~~~~~~~~~ DATE: Dan McIntyre, County Attorney Don West, County Engineer tj)/~ June 7, 2000 ¡ TO: FROM: SUBJECT: Sagamore Waterway Dredging ./ Please approve the attached Release of Lien for correctness. If we can be of any assistance, please call Craig Hauschild, Senior Project Manager, at extension 1707. Barn cc: Ray Wazny, Public Works Director Mike Powley, Capital Projects Engineer Craig Hauschild, Senior Projects Engineer ip' Œ ® Œ ~ W ~ 0 l~r~'t3;lW L-_~ Attachment , , ._-----~--....--- E r: G ! ~: ~: [= F, ~ ;-: G _0. _~__ ...-._~ r1 (.0 I ì ¡ ,/'{' I: /'......._ , Î'! ' i ·4~· '--".' \ -< V .. '-' AGENDA REQUEST '-'" ITEM NO. C-5B DATE: October 24,2000 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DEPT .».~~ ~ .c..»Q{l.. (Donald B. West, P.E. County Engineer SUBJECT: Permission to Advertise Fourteen (14) Public Hearings Stating the County's Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments Levied by the Oleander Business Park, Treasure Cove/Ocean Harbor South, North Lennard Road1, North Lennard Road2, North Lennard Road3, Briargate, Rouse Road, River Branch Estates, Indian River Estates, Brack Road, Saeger Ave, Echo Street, Academy Drive and Sunland Gardens Municipal Services Benefit Units. BACKGROUND: See attached memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board grant permission to advertise fourteen (14) public hearings to consider the adoption of proposed Resolution Nos. 00-223, 00-224, 00-225, 00-226, 00-227, 00-228, 00-229, 00- 230,00-231,00-232,00-233,00-234,00-235, and 00-236 stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units. In the opinion of staff, the public hearings are recommended to be held on December 5, I, 2000 which is a p ~Board meeting. pq APPROVED [] DENIED [ ] OTHER: NCE: COMMISSION ACTION: u las Anderson nty Administrator Coordination/Sianatures ~,.. [x¡County Attorney [x¡Public Works Dir f [ ¡Finance (eheck for copy only, if applicable) Coordination/Slanatures [ ¡Mgt. & Budget [x ¡Co. Eng ~f~' í [x¡Utilitie '-- . '-' 'WI FUNDS AVAIL.: Funds will be made available in 101003-4113-581090-TBD. PREVIOUS ACTION: March 14, 1995 - conceptual approval granted. March 14,1995 - Delaware Avenue JPA design for $23,799.13. June 6, 1995 - Okeechobee Road JPA design for $41,533.07. October 21 1997 - Delaware Avenue - Amendments to JPA - NO.1 for $185,136.00 and No.2 for maintenance of roadway. October 21 1997 - Okeechobee Road - Amendments to JPA - NO.1 for $383,953.00 and NO.2 for maintenance of roadway. RECOMMENDATION: Staff recommends Board approval of the attached Interlocal Agreements between the City of Fort Pierce and St. Lucie County for the maintenance of Delaware Avenue (U.S. 1 to 17th Street) and Okeechobee Road (Virginia/Hartman Road to 17th Street), authorization forthe Chairman to execute the Agreements, and conceptual approval of a $55,000 contribution to the City for the landscaping of Okeechobee Road, subject to conditions of agreement to be prepared by the County Attorney. COMMISSION ACTION: CE: [x] APPROVED [ ] DENIED [ ] OTHER: D sAnderson County Administrator [x]County Attorney 9-./'1 ,14' ',I' ßv·- . coordination';2)e~ [x]Mgt. & Budge rc(:/J [x]Co. Eng~, [x]Revenue Coord. ßf¡'" [ ]Other [x]Originating Dept. Public Works [ ]Finance (check for copy only, if applicable) delwareo keeinterlocals.ag A " TO: FROM: DATE: SUBJECT: ~ "'" COMMISSION REVIEW: October 24, 2000 ENGINEERING MEMORANDUM 00-327 Board of County Commissioners Donald B. West, County Engineer October 13, 2000 Permission to Advertise Fourteen (14) Public Hearings Stating the County's Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments Levied by the Oleander Business Park, Treasure Cove/Ocean Harbor South, North Lennard Road1, North Lennard Road2, North Lennard Road3, Briargate, Rouse Road, River Branch Estates, Indian River Estates, Brack Road, Saeger Ave, Echo Street, Academy Drive and Sunland Gardens Municipal Services Benefit Units. BACKGROUND The Board is considering the creation or has created the following municipal services benefit units: 1. Oleander Business Park - created 12/19/95- wastewater 2. Treasure Cove/Ocean Harbor South - created 2/24/98 - wastewater 3. North Lennard Road1 - created 6/6/00 - roadway 4. North Lennard Road2 - created 6/6/00 - water 5. North Lennard Road3 - created 6/6/00 - sewer 6. Briargate - created 3/7/00 - water 7. Rouse Road - created 3/17/98 - paving and drainage 8. River Branch Estates - created 6/2/98 - water 9. Indian River Estates - proposed - water 10. Saeger Road - proposed - water 11 . Echo Street - proposed - water 12. Brack Road - proposed - water 13. Academy Drive - created 7/18/00 - water 14. Sunland Gardens - proposed - water One of the funding methods available for the above projects is through non-ad valorem special assessments levied on properties within the proposed municipal service benefit units and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this funding option, it is necessary for the Board to adopt resolutions for each MSBU at a duly advertised public hearing held prior to January 1, 2001, as provided for in Chapter 197, Florida Statutes. These resolutions do not in any way obligate the County to levy the special assessments, rather they simply preserve the County's option to use the uniform method of collection if '-' '-tII a special assessment is levied. Attached to this memorandum are the following resolutions which satisfies the legal requirements. 1 . Resolution No. 00-223 2. Resolution No. 00-224 3. Resolution No. 00-225 4. Resolution No. 00-226 5. Resolution No. 00-227 6. Resolution No. 00-228 7. Resolution No. 00-229 8. Resolution No. 00-230 9. Resolution No. 00-231 10. Resolution No. 00-232 11. Resolution No. 00-233 12. Resolution No. 00-234 13. Resolution No. 00-235 14. Resolution No. 00-236 Oleander Business Park MSBU Treasure Cove/Ocean Harbor South MSBU North Lennard Road1 MSBU North Lennard Road2 MSBU North Lennard Road3 MSBU Briargate MSBU Rouse Road MSBU River Branch Estates MSBU Indian River Estates MSBU Saegar Ave MSBU Echo Street MSBU Brack Road MSBU Academy Drive MSBU Sun land Gardens MSBU RECOMMENDATION Staff recommends that the Board grant permission to advertise fourteen (14) public hearings to consider the adoption of proposed Resolution Nos. 00-223, 00-224, 00-225, 00- 226,00-227,00-228,00-229,00-230,00-231,00-232, 00-233, 00-234, 00-235, and 00-236 stating the County's intent to use the uniform method of collecting non-ad valorem special assessments which may be levied by the corresponding municipal service benefit units. In the opinion of staff, the public hearings are recommended to be held on December 5, 2000 which is a night Board meeting. BP Attachments cc: Staff Concurring Finance Director Interim OMS Manager Tax Collector Property Appraiser '-' ......, RESOLUTION NO. 00-223 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED OLEANDER BUSINESS PARK MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the Oleander Business Park Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the Oleander Business Park MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- '-' ...." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Oleander Business Park MSBU to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the Oleander Business Park MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- '-' """" After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- ~ "wII EXHIBIT A -4- '-' "'--" EXHIBIT B OLEANDER BUSINESS PARK MSBU A PARCEL OF LAND LYING IN SECTION 28, T-35-S, R-40-E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; LOTS 26 THRU 39 INCLUSIVE OF THE PLAT OF INDUSTRIAL SUBDIVISION AS RECORDED IN PLAT BOOK 9 AT PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORD BOOK 384, PAGE 1452 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA LESS AND EXCEPT ALL RIGHT OF WAYS OF RECORD. -5- '-' '-" RESOLUTION NO. 00-224 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED TREASURE COVE/OCEAN HARBOR SOUTH MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the Treasure Cove/Ocean Harbor South Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the Treasure Cove/Ocean Harbor South MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- '-' """ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Treasure Cove/Ocean Harbor South MSBU to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the Treasure Cove/Ocean Harbor South MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- '-' ..".¡ After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-" "'" EXHIBIT A -4- '-' 'wII EXHIBIT A -4- ",-,. ""'" EXHIBIT B DESCRIPTION: TREASURE COVE/OCEAN HARBOR SOUTH MSBU A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 1700 FEET OF THE SOUTH 2300 FEET OF GOVERNMENT LOT 1 , LYING WESTERLYOFTHEM.H.W.L. OFTHE ATLANTIC OCEAN, LESS AND EXCEPTSRA1A AND THE FOLLOWING DESCRIBED PARCEL OF LAND; FROM THE INTERSECTION OF THE WESTERLY R/W OF SR A1A AND THE NORTH LINE OF THE SOUTH 2300 FEET OF GOVERNMENT LOT 1, RUN S 89 35'10" WEST 245.28 FEET TO THE POINT OF BEGINNING; THENCE RUN S 1829'30" EAST 631.16 FEET, THENCE RUN N 8949'00" EAST 5.28 FEET; THENCE RUN SOUTH PARALLEL TO THE WEST LINE OF GOVERNMENT LOT 1 A DISTANCE OF 100 FEET; THENCE RUN SOUTH 8949'00" WEST ALONG THE NORTH LINE OF THE SOUTH 1600 FEET OF GOVERNMENT LOT 1 TO THE WEST LINE OF GOVERNMENT LOT 1; THENCE RUN NORTH ALONG THE WEST LINE OF GOVERNMENT LOT 1 A DISTANCE OF 700 FEET; THENCE RUN S 89 35'10" EAST TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL OF LAND; BEGIN AT THE INTERSECTION OF THE WEST LINE OF GOVERNMENT LOT 1, SECTION 23 AND THE SOUTH LINE OF THE NORTH 1700 FEET OF THE SOUTH 2300 FEET OF SAID GOVERNMENT LOT 1; SECTION 23, T-34-S, R-40-E, ST LUCIE COUNTY, FLORIDA; THENCE WEST ALONG THE SOUTH LINE OF THE NORTH 1700 FEET OF THE SOUTH 2300 FEET OF SAID GOVERNMENT LOT 1 A DISTANCE OF 2450 FEET MORE OR LESS TO THE POINT OF INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A; THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 105 FEET MORE OR LESS TO A POINT ON A LINE LYING 100 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH 1700 FEET OF THE SOUTH 2300 FEET OF GOVERNMENT LOT 1; THENCE WEST ALONG SAID LINE A DISTANCE OF 200 FEET; THENCE NORTHWESTERLY AND PARALLEL TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A A DISTANCE OF 210.38 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1400 FEET OF THE SOUTH 2300 FEET OF GOVERNMENT LOT 1; THENCE WEST ALONG SAID SOUTH LINE A DISTANCE OF 2355 FEET MORE OR LESS TO A POINT ON THE WEST LINE OF GOVERNMENT LOT 1; THENCE SOUTH ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 300 FEET TO THE POINT OF BEGINNING. -5- '-' ~ RESOLUTION NO. 00-225 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED NORTH LENNARD ROAD1 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the North Lennard Road1 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct roadway improvements to properties within the boundaries of the North Lennard Road1 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- '-' ......, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the North Lennard Road1 MSBU to fund the cost of a project to construct roadway improvements to properties within the boundaries of the North Lennard Road1 MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- -~.~ - ---....-- .\.f ....., After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- ~ ...., EXHIBIT A -4- '-" EXHIBIT B DESCRIPTION: -5- ""'" '-' "wi RESOLUTION NO. 00-226 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED NORTH LENNARD ROAD2 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida (the "Board") has created the North Lennard Road2 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the North Lennard Road2 MSBU (the "Project") in S1. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5,2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- ~ ...., NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the North Lennard Road2 MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the North Lennard Road2 MSBU. A description ofthe boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- ~ -....I After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- ~ ...., EXHIBIT A -4- '-" EXHIBIT B DESCRIPTION: -5- "w1I ~ \"J RESOLUTION NO. 00-227 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED NORTH LENNARD ROAD3 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the North Lennard Road3 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the North Lennard Road3 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A", -1- -- - .... - ~ ...,; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the North Lennard Road3 MSBU to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the North Lennard Road3 MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- - - - -- -- '-' .'W After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- ~ - ~ ...., EXHIBIT A -4- '-' ... "'" EXHIBIT B DESCRIPTION: -5- '-' '-" RESOLUTION NO. 00-228 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED BRIARGA TE MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREASUBJECTTOTHEASSESSMENT; STATINGANEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the Briargate Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Briargate MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: -1- '-' '.....I Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Briargate MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Briargate MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- '-' ...,.; After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- ~ ~ "'" EXHIBIT A -4- ~ ..., EXHIBIT B DESCRIPTION: BRIARGATE SUBDIVISION (Water) Section 25, Township 35 South, Range 39 East Lots 1 through 15 Briargate Subdivision as recorded in Plat Book 14, Page 19 of the Public Records of St. Lucie County, Florida. -5- '-' "'wIll RESOLUTION NO. 00-229 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED ROUSE ROAD MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the Rouse Road Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct roadway improvements to properties within the boundaries of the Rouse Road MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of -1- '-" ....., St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Rouse Road MSBU to fund the cost of a project to construct roadway improvements to properties within the boundaries of the Rouse Road MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- '-' ....." After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-' ...." EXHIBIT A -4- ,-,. ......, EXHIBIT B DESCRIPTION: ROUSE ROAD MSBU A PARCEL OF LAND LYING IN FRACTIONAL SECTION 16, T-34-S, R-40-E, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 445 FEET OF SAID FRACTIONAL SECTION 16, LYING WESTERLY OF THE MEAN HIGH WATER LINE OF THE INDIAN RIVER; LESS AND EXCEPT THE SOUTH 50 FEET FOR ROAD RIGHT OF WAY. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND LYING IN FRACTIONAL SECTION 21, T-34-S, R-40-E, TOWN OF ST. LUCIE VILLAGE, ST. LUCIE COUNTY, FLORIDA; COMMENCE AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF THE FEC RAILROAD AND THE SOUTH RIGHT OF WAY LINE OF ROUSE ROAD; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE AMENDED PLAT OF INDRIO PARK AS RECORDED IN PLAT BOOK 7 AT PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF ROUSE ROAD TO THE INTERSECTION OF THE MEAN HIGH WATER LINE OF THE INDIAN RIVER; THENCE MEANDER SOUTHERLY ALONG SAID MEAN HIGH WATER LINE TO THE INTERSECTION OF THE SOUTH LINE OF RIVERSIDE HARBOR SUBDIVISION AS RECORDED IN PLAT BOOK 10 AT PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO A POINT BEING 55.67 FEET EASTERLY OF THE WEST LINE OF SAID RIVERSIDE HARBOR SUBDIVISION; THENCE SOUTH PERPENDICULAR TO SAID SOUTH LINE A DISTANCE OF 122.85 FEET TO A POINT ON THE NORTH LINE OF RIVER GATE ESTATES AS RECORDED IN PLAT BOOK 10 AT PAGE 66; THENCE WEST ALONG SAID NORTH LINE TO A POINT ON THE WESTERLY LINE OF SAID RIVER GATE ESTATES; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO A POINT ON THE SOUTH LlNEOFTHE NORTH 607.85 FEETOFTHEAMENDED PLAT OF INDRIO PARK AS RECORDED IN PLAT BOOK 7 AT PAGE 5; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE WESTERLY LINE OD SAID PLAT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. LESS AND EXCEPT CANAL AND ROAD RIGHT OF WAYS OF RECORD. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; -5- ~ ...., BEGIN AT THE INTERSECTION OFTHE EASTERLY RIGHT OF WAY LlNEOFTHE FEC RAILROAD AND THE NORTH LINE OF SECTION 21, T-34-S, R-40-E; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 691.43 FEET; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 21 A DISTANCE OF 346.50 FEETTO A POINT ON THE WESTERLY LINE OFTHE AMENDED PLAT OF INDRIO PARK AS RECORDED IN PLAT BOOK 7 AT PAGE 5 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO A POINT ON THE NORTH LINE OF SECTION 21, T-34-S, R-40-E; THENCE WEST ALONG SAID NORTH LINE OF SECTION 21 TO THE POINT OF BEGINNING. -6- '-' ....,,¡ RESOLUTION NO. 00-230 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED RIVER BRANCH ESTATES MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the River Branch Estates Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the River Branch Estates MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- ~ ......, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the River Branch Estates MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the River Branch Estates MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- '-' ...." After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-' "wJI EXHIBIT A -4- '-" "wi EXHIBIT B DESCRIPTION: RIVER BRANCH ESTATES MSBU SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST LOTS 1 THROUGH 30 RIVER BRANCH ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 28 PAGE 40F THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. -5- '-' """" RESOLUTION NO. 00-231 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED INDIAN RIVER ESTATES MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Indian River Estates Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Indian River Estates MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- '-" .~ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Indian River Estates MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Indian River Estates MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- '-" "'" After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-' ...." EXHIBIT A -4- ...., ...", EXHIBIT B DESCRIPTION: INDIAN RIVER ESTATES MSBU A PARCEL OF LAND LYING IN SECTIONS 2,10,11 AND 12, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: INDIAN RIVER ESTATES-UNIT 1 AS RECORDED IN PLAT BOOK 10, PAGE 43; INDIAN RIVER ESTATES- UNIT2AS RECORDED IN PLAT BOOK 10, PAGE 46; INDIAN RIVER ESTATES-UNIT 3 AS RECORDED IN PLAT BOOK 10, PAGE 47; INDIAN RIVER ESTATES-UNIT 4 AS RECORDED IN PLAT BOOK 10, PAGE 49; INDIAN RIVER ESTATES-UNIT 5 AS RECORDED IN PLAT BOOK 10, PAGE 58; INDIAN RIVER ESTATES-UNIT 6 AS RECORDED IN PLAT BOOK 10, PAGE 57; INDIAN RIVER ESTATES-UNIT 7 AS RECORDED IN PLAT BOOK 10, PAGE 75; INDIAN RIVER ESTATES-UNIT 8 AS RECORDED IN PLAT BOOK 10, PAGE 73; INDIAN RIVER ESTATES-UNIT 9 AS RECORDED IN PLAT BOOK 10, PAGE 74 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS OF LAND; BEGIN AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF OAK LANE AND WEATHERBEE ROAD AS SHOWN ON THE PLAT OF INDIAN RIVER ESTATES UNIT FOUR AS RECORDED IN PLAT BOOK 10 AT PAGE 49 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE S 89 58' 00" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 899.391 FEET TO THE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 25.001 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 145 481 00" AN ARC DISTANCE OF 63.62' FEET TO THE POINT OF TANGENCY; THENCE S 55 50100" W A DISTANCE OF 323.951 FEET; THENCE N 34 101001 W A DISTANCE OF 99.951 FEET; THENCE S 7532' 00" W A DISTANCE OF 401.99' FEET THENCE N 0000100" E A DISTANCE OF 254.25' FEET TO THE POINT OF BEGINNING; AND INDIAN RIVER ESTATES UNIT FOUR, TRACTS B AND TRACT C, BLOCK 33, LOTS 1 AND 2; BLOCK 34, LOTS 1 THRU 4; BLOCK 35, LOTS 1 THRU 4; BLOCK 36, LOTS 1 THRU 4; AND BLOCK 38, LOTS 1 AND 2 AS RECORDED IN PLAT BOOK 10, PAGE 49 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND LESS AND EXCEPT ROAD AND CANAL RIGHT-OF-WAYS OF RECORD. -5- ~ ....,¡ RESOLUTION NO. 00-232 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SAEGAR AVENUE MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Saegar Avenue Municipal Services Benefit Unit (the "MSBUtI) to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Saegar Avenue MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- '-' ...." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Saegar Avenue MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Saegar Avenue MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- '-' ....., After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-' \..,,/ EXHIBIT A -4- ~ "w1I EXHIBIT B DESCRIPTION: SAEGER AVENUE MSBU A PARCEL OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 9, T - 35 - S, R - 40 -E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 105' FEET OF THE SOUTH 1301 FEET OF LOTS 222 AND 223 ACCORDING TO SHEEN'S PLAT OF WHITE CITY AS RECORDED IN PLAT BOOK 1, AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH NORTH 1051 FEET OF THE SOUTH 2351 FEET OF THE EAST 97.23' FEET OF THE WEST 511.15' FEET OF LOT 223, SHEEN'S PLAT OF WHITE CITY, AS RECORDED IN PLAT BOOK 1 AT PAGE 23. THE ABOVE DESCRIBED PARCEL ALSO BEING A PART OF THE BROOME TIOGA SUBDIVISION, AN UNRECORDED PLAT. LESS AND EXCEPT ALL ROAD RIGHT OF WAY OF RECORD. -5- - '-' ....., RESOLUTION NO. 00-233 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED ECHO STREET MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Echo Street Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Echo Street MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- - '-" '-' NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Echo Street MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Echo Avenue MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- ~ - ~ ....., After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- -- - ~ "'wI EXHIBIT A -4- '-' ...." EXHIBIT B DESCRIPTION: ECHO STREET MSBU A PARCEL OF LAND LYING WITHIN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 9, T-36-S, R - 40 E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 260' FEET OF THE SOUTH 390' FEET OF LOTS 222 AND 223 OF SHEEN'S PLAT OF WHITE CITY AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND THE NORTH 105' FEET OF THE SOUTH 495' FEET OF THE WEST 89.23' FEET OF THE EAST 122.23' FEET OF LOT 222; AND THE NORTH 105' FEET OF THE SOUTH 495' FEET OF THE WEST 97.23' FEET OF THE EST 608.38' FEET OF LOT 222 OF SHEEN'S PLAT OF WHITE CITY, AS RECORDED IN PLAT BOOK 1 AT PAGE 23. LESS AND EXCEPT ALL ROAD RIGHT OF WAY OF RECORD. AND; LESS AND EXCEPT THE NORTH 105' FEET OF THE SOUTH 235' FEET OF THE EAST 97.23' FEET OF THE WEST 511.15' FEET OF LOT 223, SHEEN'S PLAT OF WHITE CITY, AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCEL ALSO BEING A PART OF THE BROOME TIOGA SUBDIVISION, AN UNRECORDED PLAT. -5- ~ "WI RESOLUTION NO. 00-234 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED BRACK ROAD MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Brack Road Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Brack Road MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- '-" ...., NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Brack Road MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Brack Road MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- '-" """ After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-' "" EXHIBIT A -4- '-' ....., EXHIBIT B DESCRIPTION: BRACK ROAD MSBU A PARCEL OF LAND LYING IN SECTION 03, TOWNSHIP 36 SOUTH, RANGE 40 EAST, S1. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 1 THRU 27, BLOCK A; LOTS 1 THRU 9, THE NORTH 125 FEET OF LOTS 10 AND 11, AND ALL OF LOTS 12 THRU 27, BLOCK B, HUNT'S SUBDIVISION, PLAT BOOK 5, PAGE 47 AS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPT ROAD RIGHTS OF WAYS OF RECORD -5- '-' ......" RESOLUTION NO. 00-235 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED ACADEMY DRIVE MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Academy Drive Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Academy Drive MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- ~ ...""" NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Academy Drive MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Academy Drive MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- ~ -..."J After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-" ...., EXHIBIT A -4- '-" '....I EXHIBIT B DESCRIPTION: -5- '-"" ....,.¡ RESOLUTION NO. 00-236 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Sunland Gardens Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries ofthe Sunland Gardens MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non-ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2001, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 5, 2000 the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". -1- '-" '...I NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2001-2002 Fiscal Year and with the tax statement mailed for the 2001-2002 Fiscal Year, the Board intends to use the uniform method of collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non-ad valorem assessments levied by the Sunland Gardens MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the Sunland Gardens MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4. This Resolution shall be effective upon adoption. -2- ~ ..." . I After motion and second, the vote on this Resolution was as follows: Chairman John Bruhn Vice Chairman Frannie Hutchinson Commissioner Cliff Barnes Commissioner Paula Lewis Commissioner Doug Coward PASSED AND DULY ADOPTED this 5th day of December, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA· By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- ~ ~ .. l EXHIBIT A -4- '-' ...,.¡ . ¡ EXHIBIT B DESCRIPTION: SUNLAND GARDENS MSBU ALL THAT PART OF THE WEST YzOF SECTION 5, T-35-S,R-40-E,ST.LUCIE COUNTY, FLORIDA LYING NORTHEAST OF ANGLE ROAD; TOGETHER WITH ALL THAT PART OF THE NORTH Yz OF SECTION 6, T -35- S, R-40-E, ST. LUCIE COUNTY, FLORIDA LYING SOUTHEAST OF THE NORTH EMERGENCY RELIEF CANAL AND NORTHEASTERLY OF ANGLE ROAD. -5- --'~. '-' ~ AGENDA REQUEST ITEM NO. ~çc.. DATE: October 17, 2000 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Interlocal Agreements between the City of Fort Pierce and St. Lucie C unty for he Maintenance of Delaware Avenue (U.S. 1 to 17th Street) and Okeechobee Road (Virginia/Hartman Road to 17th Street). BACKGROUND: On March 14, 1995, the BOCC approved the JPA between St. Lucie County and the Florida Department of Transportation (FDOT) for Resurfacing, Restoration and Rehabilitation design plans to the Okeechobee Road/Delaware Avenue corridor. On October 14,1997, the BOCC approved Amendments NO.1 and 2 to the JPA. Amendments NO.1 specifies the County's local match share in the total amount of $185,136.00 for Delaware Avenue and $383,953.00 for Okeechobee Road. Amendments NO.2 requires that St. Lucie County agree to maintain Delaware Avenue and Okeechobee Road upon completion of construction by FDOT, subject to the approval of an interlocal agreement. Attached are Interlocal Agreements between the City of Fort Pierce and St. Lucie County addressing maintenance responsibilities of Delaware Avenue (U.S. 1 to 17th Street) and Okeechobee Road (Virginia/Hartman Road to 17th Street). These agreements will supersede all previous agreements pertaining to the maintenance of the subject roadway segments. Responsibilities of both parties are as follows: The County agrees to assume maintenance responsibility for the paved portion of the project including the roadbed, curbs, culverts and stormwater drainage pipes within the right-of-way. The City agrees to assume maintenance responsibility for the median, traffic signals, street signs, sidewalks, streetlights and pavement markings, including on-street parking. The City shall have the authority to establish all traffic control regulations, including the traffic signal system and on-street parking on Delaware Avenue (U.S. 1 to 1 ¡th Street) and Okeechobee Road (Virginia/Hartman Road to 17th Street). Maintenance of streetlights includes payment of all costs for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. Staff would also like the BOCC to consider conceptual approval of a $55,000 contribution, requested by the City, for the landscaping of Okeechobee Road. Staff would like permission to request the County Attorney prepare a separate agreement for this financial contribution. '-v-- . '-' COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: [XlC,"nty .."oey_ftK ~p"~~ W~O;' r/f~ [X ]Flnance ~ msbu\na 1 a\ag-eng2. wpd Coordination/Signatures [XICo'En~ [X]Util Dir: ....." RENCE: uglas Anderson ounty Administrator [ ]B&R Coor ~ fr'\ [X ]OMB: ¿¡¡> - -, HPAlhpa Attachments Ii ,_....-,-~...;-_. ~ IT y ~f ~ R r PIER ~I foriJa '-'i July 16, 1999 OFFICE OF THE CITY ENGINEER TEL. (561) 460-2200, EXT. 143 Mr. Ray Wamy, Director ofPub1ic Works St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 SUBJECf: OKEECHOBEE ROADIDELA W ARE AVENUE LANDSCAPE Dear Mr: Wamy: As per our meeting last wee~ this is to request the St. Lucie County to participate in the cost of the installation of landscape for the Okeechobee RoadJDelaware Avenue Corridor in the amount of $55,000.00. The bids for the installation were open with a low bid of$186,000.00. The City has budgeted $130,000.00 for this purpose. I am sending you attached a copy of the Landscape Plans for the Corridor with a copy of the bids for your review. The City has agreed previously to maintain the landscape and irrigation system for the Delaware Avenue/Okeechobee Road Corridor. This commitment has been included in the original Delaware AvenuelOkeechobee Road Interlocal Agreement between the City and the County. According to FOOT, the project should be completed witbin sixty (60) days. Weare anticipating to have the Contract Award for Landscaping in the City Commission Meeting Agenda of September 7, 1999. If you have any questions or need any additional information, please do not hesitate to call me. Sincerely yours, Hect~E., City Engineer cc: City Manager ,0' UL I 9 1~0a ::u \ ¡uL J !J:):' 11.....- ¡ I ~BÚC wORY~S I \~- ~. .',~-'. C:\OFFICE\DEIAO~ CøuotyLaodsc:apc Fuods 071399.. Office Fde:DellOkce CITY HALL . 100 NORTH U.S. 1 . P. O. BOX 1480 . FORT PIERCE, FLORIDA 34954-1480 .... ._~_ ... M _ . .-~. ...... -~ 11£: -'I<:I-'o:J'='I . '4::11-'.1"1 rKUI'1 v.l. 11 ,.... II/v.I.' T ,..~ ~I 4t:JO /:>4:::1":: .-. '-" ....., ~ITY Of OIT PIERC~ forMa !tUfI.. - C,T'i OFFICE OF THE CiTY MANAGER CITY HALL., 100 NORTH u.s. 1 p.o. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 'J /0)41')'7 ~ f: TEL (561) 460-2200 FAX (561) 466-5492 October 10, 1997 j Mr. Doug1as M. Anderson Administrator Saint Lucie County 2300 Vttginia Avenue Fort Pierce.. FL 34982 /h-.....J ~ L ~..Jv-J ~.v/ ß,-J ;--¡ Dear Mr. Anderson: P1ease consider this correspondence as confirmation of the City's re..~sibility and commitment to maintain the median landscape improvements insœ1kd as part of the Okeechobee/Delaware reconstruction project. This tetter wm also serve as confirmation of the City's on going teSpOIJSI.òiIity fur street lighting which includes payment of all cost for electrical power and/or other electrical charges incurredin connection with. tþe operation of the completed lighting system. Sincerely, ~~~ ~-"---~"".'~--------. ." !.'\ '-' ~~ r·' - n- r: r II~ut_iUL~~ 7L" -l.,I~111 ~J! ¡ '- , -f U L.. c_ ,-.J! Ef\'G';'· ;::~= ~ ~ ~JG ------.-...---'---.---...----. .- Dennis W. Beach City Manager DWBlbtp Enclosures fõ)Œ UrH~ Uù ,¡0T I 0 1997 i.S . co. ADMIN. OFFICe I - '-" "-" INTERLOCAL AGREEMENT MAINTENANCE OF DELAWARE A VENUE (U.S. 1 TO 17th STREET) THIS AGREEMENT dated this _ day of 2000, by and between CITY OF FORT PIERCE, a Florida municipal corporation, hereinafter referred to as the "City" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County' . WHEREAS, the State of Florida Department of Transportation (FDOT) has determined to resurface and rehabilitate Delaware Avenue :&om U.S. to 17th Street (hereinafter referred to as the "Project"); and , .. WHEREAS, St. Lucie County currently maintains Delaware Avenue :&om U.S. 1 to 33rd Street; and WHEREAS, upon completion of the FDOT resurfacing project, the City and the County desire to establish their respective maintenance obligations for that portion of Delaware Avenue fÌ'om U.S. 1 to 17th Street. NOW THEREFORE, IT IS AGREED as follows: 1. General. This Agreement is entered into pursuant to Florida Statutes § 163.01, Florida Interlocal Cooperation Act. The terms and conditions of this Agreement supercede all previous interlocal agreements pertaining to maintenance of the subject roadway segment. '-' ....." 2. Maintenance of Road & Traffic Control Regulations & Drainage. After FDOT completes the Project, the County agrees to assume maintenance responsibility for the paved portion of the Project, including the roadbed, curbs, culverts, and stormwater drainage pipes within the right-of- way. The City agrees to assume maintenance responsibility for the median, the traffic signals, the street signs, the sidewalks, the streetlights, and the pavement markings, including on-street parking. The City shall further have the authority to establish all traffic control regulations including the traffic signal system and on-street parking on the segment of Delaware Avenue &om U.S. 1 to 1 Th Street (the 'Project"). Maintenance of streetlights includes payment of all cost for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. The City further agrees to allow the County to drain the Project into the City's drainage system. The City will issue permits for driveways and utilities in accordance with County or City standards and c; specifications, whichever is more strict for construction, widths, spacing and access locations, it being the intention of the parties to utilize the more restrictive regulations. The City shall notifY the County when right-of-way permits are issued. 3. Amendment. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 4. Notices. All notices, requests, consents, and other communications required or permitted to be given under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier services, telecommunicated, or mailed (airmail of international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO THE COUNTY: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: . St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 '-' ...., AS TO THE CITY: Fort Pierce City Manager City of Fort Pierce, City Hail Post Office Box 1480 Fort Pierce, Florida 34954 With a copy to: Fort Pierce City Attorney City of Fort Pierce, City Hall Post Office Box 1480 Fort Pierce, Florida 34954 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered ifby personal delivery; (b) on the date telecommunicated if by telegraph; (c) on the date of transmission with confirmed answer back if by telex; and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. (. 5. Effectiveness. This Agreement shall be recorded In the Public Records of St. Lucie County, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Dated: ~.- '-' 'WI APPROVED AS TO FORM AND CORREC1NESS BY: County Attorney ~ST:, ----- '--ë~:k~~~ o RID A BY: Dated: \1) - 3 - OC) "--' ...." INTERLOCAL AGREEMENT MAINTENANCE OF OKEECHOBEE ROAD (VIRGINIA/HARTMAN ROAD TO 17th STREET) TillS AGREEMENT dated this day of 2000, by and between CITY OF FORT PIERCE, a Florida municipal corporation, hereinafter referred to as the "City" and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County." WHEREAS, the State of Florida Department of Transportation (FDOT) has determined to resurface and rehabilitate Okeechobee Road from Virginia Avenue/Hartman Road to 17th Street (hereinafter referred to as the "Project"); and WHEREAS, the City has requested that the FDOT agree to certain design changes that include medians and streetlights; and WHEREAS, upon completion ofthe Project, the City and the County desire to establish their respective maintenance obligations for Okeechobee Road. NOW THEREFORE, IT IS AGREED as follows: 1. General. This Agreement is entered into pursuant to Florida Statutes § 163.01, Florida Interlocal Cooperation Act. The terms and conditions of this Agreement supercede all previous interlocal agreements pertaining to maintenance of the subject roadway segment. - '-' ..."I 2. Maintenance of Road and Traffic Control Regulations and Drainage. After FDOT completes the Project, the County agrees to assume maintenance responsibility for the paved portion ofthe Project, including the roadbed, curbs, culverts, and stonnwater drainage pipes within the right- of-way. The City agrees to assume maintenance responsibility for the median, the traffic signals, the street signs, the sidewalks, the streetlights and the pavement markings. The City shall further have the authority to establish all traffic control regulations including the traffic signal system on this segment ofOkeechobee Road. Maintenance of streetlights includes payment of all cost for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. The City further agrees to allow the County to drain this segment ofOkeechobee Road into the City's drainage system. The City will issue permits for driveways and utilities in accordance with County or City standards and specifications, whichever is more strict for (; construction, widths, spacing and access locations, it being the intention of the parties to utilize the more restrictive regulations. The City shall notifY the County when right-of-way permits are issued. 3. Amendment. This Agreement may only by amended by a written document signed by both parties and filed with the Clerk of the Circuit Court ofS1. Lucie County, Florida. 4. Notices. All notices, requests, consents, and other communications required or permitted to be given under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier services, telecommunicated, or mailed (airmail of international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO THE COUNTY: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: S1. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 ~ . . '-' .~ AS TO THE CITY: Fort Pierce City Manager City of Fort Pierce, City Hall Post Office Box 1480 Fort Pierce, Florida 34954 With a copy to: Fort Pierce City Attorney City of Fort Pierce, City Hall Post Office Box 1480 Fort Pierce, Florida 34954 or to such other address as any party may designate by notice complying with the tenns of this Section. Each such notice shall be deemed delivered: (a) on the date delivered ifby personal delivery; (b) on the date telecommunicated if by telegraph; (c) on the date of transmission with confirmed answer back if by telex; and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. , ,. 5. Effectiveness. This Agreement shall be recorded in the Public Records ofS1. Lucie County, prior to its effectiveness, IN WITNESS WHEREOF the parties hereto have caused the executionhereofbytheir duly authorized officials on the dates stated below: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Dated: -- - ........ ...... - '-' ....., APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney ~ST: . C-.~-- \_Gi~2--rt~-,=::~ß¿~- BY: City Clerk CE, FLORIDA Dated: BY: ... - . ... -. J ,-,. AGENDA REQUEST ...., ITEM NO. C:- 5J) DATE: October 24,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Engineering PRESENTED BY: ~~~~-~ í Donald B. W t, P.E. County Engineer ~UBJECT: Approvalof Work Authorization to the Agreement for Continuing Professional Engineering Services with LBFH, Inc. for engineering services for additional engineering design services needed because of utility easement issues for the Treasure Cove/Ocean Harbor South MSBU Project. BACKGROUND: On March 24, 1998, the Board approved Work Authorization No. 6 with Lindahl, Browning, Ferrari & Hellstrom, Inc. for Engineering Design Services to provide wastewater improvements to properties within the Treasure Cove/Ocean Harbor South MSBU. Due to the location of the utility easements that are being acquired, revisions need to be made to the design. In addition, the remaining services not yet performed under the initial Work Authorization No.6 will now be performed under this agreement and W.A. #6 will be closed out. FUNDS AVAIL.: 390-4114-563005-3801 Treasure Cove/Ocean Harbor S MSBU Capital Proiects 390-4114-563003-3801 Treasure Cove/Ocean Harbor S MSBU Capital Proiects PREVIOUS ACTION: On February 24, 1998, the Board created the Treasure Cove/Ocean Harbor South MSBU and authorized the County Engineer to proceed with the engineering design and permitting of the project. On March 24, 1998, the Board approved Work Authorization No. 6 with Lindahl, Browning, Ferrari & Hellstrom, Inc. for Engineering Design Services to provide wastewater improvements to properties within the Treasure Cove/Ocean Harbor South MSBU. RECOMMENDATION: Staff recommends approval of the attached contract (Work Authorization) to the Agreement for Continued Professional Engineering Design Services with LBFH, Inc., in the amount of $20,320.00 to provide additional engineering services and to perform the remaining engineering services necessary to complete the project, and authorize the Chairman to execute the Work Authorization. '-' ..." WORK AUTHORIZATION Engineering Services for Treasure Cove/Ocean Harbor South MSBU Pursuant to that certain Agreement Between County And Engineer For Continuing Engineering Services (the "Agreement") between St. Lucie County (the "County") and LBFH, Inc. (the "Engineer") dated March 14, 2000, Engineer hereby agrees to provide professional engineering services under the terms and condition set forth in Exhibit "A", "Scope of Services - Treasure Cove/Ocean Harbor South MSBU Design, Easements Bidding", attached hereto and made a part of this Work Authorization. this IN WITNESS WHEREOF, the Work Authorization, , 2000. County and the Engineer have executed effective this day of ATTEST: BOARD OF COUNTY COMMISSIONERS I" ST. LUCIE COUNTY, FLORIDA CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: LBFH, INC. ~.ï. ~~ .. .'^~ ., II VL-/ By: Print Name: <£;;co7//I. {Ç,c:..!c¿E.7'C. Title: V I tÆ.. Pf<..:Es I DE,¡Jí C:\JWL\AGREE\LBF&H-WA-3 OO.WPD I!2f be '-' """'" Exhibit A Scope of Services Treasure Cove / Ocean Harbor South MSBU Design, Easements and Bidding SECTIONS 1 - SCOPE OF SERVICES LBFH, Inc. (Engineer) will provide the following services to St. Lucie County (County) in accordance with applicable sections of the Agreement for additional design services needed because of utility easement issues: Phase 00 - Preliminarv Work & Data Collection 1. Provide minor design and MSBU coordination changes to plans and specifications prior to bidding., 2. Design adjustments include additional fieldwork to detennine the feasibility of additional manholes around existing improvements on the west side of AlA at the Villas entrance and adjusting the plans accordingl y. 3. Additional fieldwork and adjustments to the plans along the east side to reflect owner preferences as to limit replacement of parking area. Phase 15 - Easement Leeal Description and Sketch 1. Prepare a Legal Description and Sketch of each subject parcel (easement) meeting the current "Minimum Technical Standards" of the State of Florida as set forth by the Board of Professional Surveyors and Mappers. 2. Up to fifteen Legal Description and Sketches shall be produced: Ocean Harbor South, Langer, Hutchinson Island (5), Treasure Cove Dunes, Ocean Villas, Tabor, PMJ (2), Shriners, Ingravello and the existing Lift Station on Ocean Villas property. P:\96-075I \Design Amendment.doc Page 2 of 6 Treasure Cove / Ocean Harbor South MSBU I!if be '-" 'WfI Phase 20 - Adjust Desi2n Based on Utilitv Easement Locations 1. Work with County as necessary to determine and detail the best locations for the gravity sewer, force main, and lift station designs based on easement constraints. Revisions generally include deleting gravity sewer and manholes 6 through 11, then designing and sizing a proposed forcemain from the existing lift station on Ocean Villas property to proposed manhole 5. 2. Revise the construction plans to reflect the easement locations. 3. Work with County as necessary to detennine and detail the best procedures to facilitate new construction connection to existing wastewater mains. 4. Revise specific utility design quantities and engmeenng estimate of probable construction costs. 5. Review design drawings with County and incorporate reVISIons as necessary. Phase 35 - Revise Contract Documents 1. Revise administrative construction documents. 2. Combine both administrative and technical documents into a comprehensive Project Manual. 3. Revise bid schedule for inclusion in the Project Manual. 4. Prepare up to 12 sets of bid plans and documents. Phase 45 - FDOT Re- Permittin2 1. Revise the FDOT Utility permit application and resubmit to FDOT for approval. 2. Respond to a maximum of one "Requests for Infonnation (RFI)" from FDOT. Phase 53 - MSBU Coordination 1. Prepare for and attend up to two (2) public hearings or Commission meetings, as requested, with OWNER and/or MSBU participants providing an overview of conceptual wastewater design including construction of wastewater system, location of proposed improvements and verbally respond to questions from MSBU participants. P:\96-0751 \Design Amendment.doc Page 3 of6 Treasure Cove I Ocean Harbor South MSBU I!æfI1 ~ ...." Phase 62 - Biddin2 Coordination 1. Attend Pre-Bid meeting. 2. Review bid packages for completeness. 3. Prepare a bid summary and bid tabulation for County to review. 4. Check contractor references and prepare a letter of recommendation for County. SECTION 2 - DELIVERABLES ENGINEER will provide the following Deliverables to County: 1. Six (6) signed and sealed copies of legal description and sketch for each utility easement. 2. Twelve (12) copies of revised construction plans for bidding. 3. Cost estimate for revised plans, including a tabulation of added / deleted items. SECTION 3 - TIME OF PERFORMANCE Execution of this Authorization shall constitute Notice to Proceed (NTP). ENGINEER and County agree to the following completion schedule: Phase Description Duration (Davs) * 15 20 35 45 53 62 Legal Description and Sketch Adjust Design based on Utility Easement Location Contract Documents 30 30 14 60 N/A 30 FDOT Re-Permitting MSBU Coordination Bidding Coordination * The above-identified duration will commence upon the receipt of written or verbal acceptance of Conceptual Design. P:\96-0751 \Design Amendment.doc Page 4 of 6 Treasure Cove / Ocean Harbor South MSBU " I!if be '-' ..., SECTION 4 - METHOD OF COMPENSATION County will compensate ENGINEER for professional serVIces under this Authorization in accordance with the following pay schedule: Payment Phase Description Quantity Method Compensation 00 Preliminary Work & Data Collection LS 15 Legal Descriptions and Sketches 15 @ $590 EA 20 Adjust Design based on Easement Locations LS 35 Contract Documents LS 45 FDOT Re-Permitting LS 53 MSBU Coordination T&E 62 Bidding Coordination LS Total Design Fees: SECTION 5 - OWNER'S RESPONSIBILITIES $1,400 $8,850 $4,940 $1,250 $ 900 $1,500 $1,500 $ 20,340 1. OWNER hereby designates Becky Padrick as County's representative. 2. In addition to applicable provisions of the AGREEMENT, the County will: a) Provide any available information, reports or maps, record drawings, operation and maintenance records, etc. applicable to the project. b) Provide all applicable permit application fees. c) Provide timely review of drawings and contract document submittals in order to maintain project schedule. Timely review is defined as receiving comments from the County a minimum of two weeks prior to the next submittal date. P:\96-0751 \Design Amendmentdoc Page 5 of6 Treasure Cove I Ocean Harbor South MSBU 112ft! '-' ..., SECTION 6 - OTHER PROVISIONS 1. Payment for drawing reproduction beyond twelve (12) sets shall be paid at time and expense rates. 2. Any conflict between the terms and conditions of this work authorization and the terms and conditions of the "Agreement" should be resolved in favor of the Agreement. 3. This Work Authorization does not include construction administration or construction inspection. 4. Interior improvements and utilities will not be located. P:\96-0751 \Design Amendment.doc Page 6 of 6 Treasure Cove I Ocean Harbor South MSBU r ~'" '-" ..".¡ ITEM NO. C5E DATE: October 24.2000 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): Public Works -- Solid Waste Division Y: TO: BOARD OF COUNTY COMMISSIONERS o . Cordeiro Solid Waste Manager SUBJECT: Staff requests the Board of County Commissioners approve the Budget Amendment/Equipment Request # EQ01-186, time clock software upgrade for FY 2000-2001, for the total cost of $3,095. (an increase of $695. - please see attached). Additionally, staff requests the approval of the purchase of WC6 Fuel Management Software Upgrade in the amount of $2,495. (Please see attached). BACKGROUND: The Solid Waste Division budgeted for a time management software upgrade for FY 2000-2001, the sum of $2,495. This software has increased in price to 3,095. The Solid Waste Division will not be purchasing EQ01-176, in the amount of $7,600., Flame Ionization Detector, which is now available for an $85 daily rental fee, and used once per year. Therefore the funds will be available and a budget amendment will not be necessary. The Solid Waste Division currently utilizes an old DOS Fuel Management software and needs to upgrade to a Windows-based version, which was unavailable at budget time, at a cost of $2,495. FUNDS AVAilABLE: Funds are available in Account #401-3410-564000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Budget Amendment/Equipment Request # EQ01-186, time clock software upgrade for FY 2000-2001, for the total cost of $3,095. (an increase of $695.) Staff further requests the approval of the purchase of WC6 Windows-based fuel management software in the amount of $2,495. Review and Approvals sAnderson ty Administrator COMMISSION ACTION: rn APPROVED o OTHER: o DENIED o County Attorney: 181 Management and Budget: ~ 0 Purchasing: 181 Originating Dept: (Pub. Wks.) 181 Other: (Landfill) 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 561-462-1777 or TTD 561-462-1428 at least forty-eight hours (48) prior to the meeting. --~ - .. . .- .~ ~ o o N I o o o N a: < w > .J < o en u: a: o u. t- Z w :E ~ - ::;) a w o w > o a: ~ ~ < ...I < .... o .... .... z :;) o == < . .... m UJ :;) o UJ 0: '-" \ ~ ~ ~ N N ~ :: :: ~-:... ... I ~ CIC)~' 1t)....00000000 NOr')r-.N~~OOr-O It)cøNIt)....r')........·~r')~ ....~ Ñ Ñ ~ Ñ ai ai ~ ~ ~ Ñ .... ..........r').................... ... 'v ... ... ... ... It)cør-COOlO....Nr')~lt)cø r-r-r-r-r-COCOCO CO CO CO CO .......-..-..-..-.-..-................ , . I . , . 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SA' ,...- SHIPPING POINT DeLIVERY ,.- _m Yl!S NO X TAX I.D. NO. (Cf:#o/ OI'TAKClRTPICATE MUST. "'"ACHED! REG x OTHER INVOICE TO: SHip TO: St Lucie County St Lucie C¢iJntv "",,,..... r--- (>IT ;.. '. 1"-' 'Of" "un Z- COCI """""'T IW'OoONI ..0 561-462.1827 561-462-6987 561-.462-1827 661-462.-1827 -,,,,, ,," ~"'"'" TI1I.Jl Ron Ron ITEM . PART NUMBER QTY ITEM DESCRIPTION UNrr PRICE EXTENSION . MAINTENANCE MAINTENANCE UNIT PRICe TOTAL A C n~TM 1 Time in . ~ Ie Titnll Manager V2.0 $ 3.095.00 $3 O~S.OO G B C upgrade G C C 0 D ç G E ç Software necesSlIY to oommuniœte G F C with FP500 herdware G G c G H C G C G J C G ( C G L. C G M C G N- I C I Professional I 1 P~_I SeNØ.lll'IItaJlallol'l. Setu )) $0.001 0 I C I Training I 1 Trainin!l ~ HQUI1) $0.00 . SUPPLIER C·CORPORATI; ". MAINT~NCE: $ 3.095.00 IIWN'-'N,IoNC! $ UWTOf AI. 9-aAANCH V·\¡I!NOOR G - Go'!! s.rviQe S - Silver s.r-.;c. TAX TAX , IIP£c.... "im.x:TlONl SUI·TOTAL S 3,0&5.00 SUB.TOTAL S - Gold Maintenance: Unlimited telephone support TOTAL ORDER S 3.095.00 CHeCK NUM!SI!ft THE ~.3OVE ORDER IS SUBJECT TO TH! TeRMS AND CONDITIONS STA TEO $ ON THE FŒVERS! Sloe ~IC ' THE CUSTOMER ACKNO,^",EDGES HAVE eeEN READ. DEPOSIT CHECKS ARE NON-REFl,; I£)A8L.!. ORDI!!~ SU8J!<::T TOTAL AMOUNT DUE $ 3.095.00 TO APPUCASLE TAX A"'D FREIGHT C:HAAG~$. PRlcn VALID /lOR JODAYS TimeCo Systtms. Inc. APPROVED BY: CUSTOMER St Lucie County COMPANY NAMIi AUTHORlZeo SIGNATURE .' BY; AUTHORIZED SIGNATUREITITLElDA TE ..;i ': o "-' .., PETROLEUM MANAGEMENT EQUIPMENT P.O. Box 37214 Tallahassee, FL 32315 TEL: (800) 235-4690 FAX: (800) 76(}.8829 VMACH LTD September 25, 2000 ST. LUCIE COUNTY SOLID WASTE 6120 Glades Cut-Off Road Fort Pierce, FL. 34981 ATTN: Ron Roberts Superintendent Dear Mr. Roberts: Thank you for the oPlortunity to provide a price quotation from VMACH LIMITED. For a I,rice of $2,495.00, VMACH proposes to provide and install the followjng software at your site: (1) One (1) WC6 Windcws VMACH Fuel Management Program on your Windows based comp1lter: and convert your old VMACH FMS data to the new WC6 sof1ware program. ( 2) VMACH will send é l Product initialize the sof1ware, bring and train key pers4 Þnnel. Service Technician to install and it up to full operational status DELIVERY: Within 30 Ilays or less after receipt of order. TERMS: 1% ten days: NI!t 30 days WARRANTY: One year: f,)r latent defects, included in quoted price. A sample report packag! is enclosed. CUstom reports and/or custom export programs are aTailable at additional cost. Thanks again and if you have any questlons or require any additional information, please contact VMACH a: any time, (800) 235-4690. Dougla Coleman Marketing Representati~e DEC/hac ~ AGENDA REQUEST ...., ITEM NO. C-6-A DATE: October 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: Award bid #00-099 Security Guard Service CHARLES BICHT BACKGROUND: On October 4,2000 bids were opened for Security Guard Services for the Administration Building. Forty six vendors were notified, thirteen sets of bid documents were distributed and one bid was received. The reason more bids were not received is due to the County's requ~st for less than forty hours of service per week. FUNDS AVAIL.: 001-1210-531000-100 Administration - Professional services PREVIOUS ACTION: N/A " RECOMMENDATION: . ------ Staff recommends award of bid #00-099 Security Guard Service for County Administration Building to Burns International Security Services in the amount of $15.56 per hour and authorize the chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: E: [x] APPROVED [] DENIED [ ] OTHER: County Attomey:(X) (ì;'1 , lAy-(' ¡--- v Coordination/Siqnatures Mgt & BUdget:(X) Purchasing Mgr.:(X)~ Other: Oñginating Dept Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 G:\COMMON\AGENDAS\BIDS\2000-099 award.wpd ~ '-' MEMORANDUM CENTRAL SERVICES TO: Charles Bicht, Director, Purchasing FROM: Roger Shinn, Contracts Coord., Central Services DATE: October 10,2000 SUBJECT: Bid #00-099 Security Guard Service for County Administration Building Staff recommends the only bidder on the above-mentioned bid: BURNS INTERNATIONAL SECURITY SERVICES Fun ds availab Ie........... 00 1-1210-531 000-100 Weare requesting you seek Board approval. RS:bk att. ~~ ;&;ER SHINN o ;:.;"", 0 C) ~J --J -:-. w c_,' a ~',- c .... w >w ....:1: ZUJ ~z 00 o- w.... -~ O~ ~m ~« ........ UJc - m C) z - c .... - ::) m z o - .... « a::: .... 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'-" """" Burns International Security Services 27 September, 2000 CO" Belinda Bums St. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Belinda Burns: Bums International Security Services appreciates the opportunity to submit our proposal for your consideration in response to your Request for Bid #00-099 dated 15 September 2000. Representatives of Bums attended the pre-bid meeting on 27 September 2000. Bums' family of security companies is uniquely positioned to address your total current protection and electronic services. I am prepared to direct the total resources of our Bums office which will enable us to provide you with the finest in security services. Please feel ftee to contact me should you have any questions. All of us afBurns appreciate your interest and look forward to providing these important services to you. Sincerely, ~ Oliver Solum, BDM Business Development Manager Space Coast District Bums International Security Services Burns International Security Services Corporation 265 Crockett Blvd., Merritt Island, FL 32953 T 321449.9544 F 321449.9542 ~ --- ~ '.",,/- - ... Buras lllte ti I ST. LUCIE COUNT. ~~~~~~a ODa BOARD OF COU'NTY COMMI ~~~~29S3 BIDDER'S CHECK LIST ©@~ BIDS MAY NOT BE CONSIDERED if the i>Uowi~ documeris amlor attachIrentsare rot completely filled out and submitted with }Our bid. Before sending in your bid, please make sure you have completed all of the following: J , ,/ j Enclose tv.o (2) sets of the Bid form (one marked original and one copy), including all handwritten sections, plus two (2) sets of any descriptive literature, brochures and/or supporting data. Please make and retain a separate copy of this bid package for your records. Bid Form, must be complete and have a rænual signature (original signature) preferably signed in blue ink. . Every page that has anything hand-V'Kitten on it, must be imprinted wth the company's name on the top right-hand comer of the page. Return bid in an envelope with the bid number and name of bid printed on the front of the envelope. If Fed-Ex or UPS-please keep bid in a separate sealed envelope when placing it in their packaging. /' Acknowledge in the bid any and all addend urns issueQ and r¡qanually s\9n~ach _-1"^11~, addendum sheet and subrrit it with your bid. M~a.\)~ ~ e; ,'",\ '6Ðf\Cl PDT" v lit.). if" Provide three (3) references, preferably Governmental. Include name, address. 'A' f and phone nurrber for similar 'M>rk done in past year. ~~ ~~ tf(Jltfer / Erasures or other descriptive literature, brochures andlar data nust be initialed by the person signing the bid. ... ~ If you desire a copy of the bid tabulation, include a self-addressed, stamped envelope for bid tabulation to be mailed back to you. \., o~ l PLEASE INITIAL AND RETURN WITH BID FORM -- , ~ ....." SECURITY GUARD SEERVICES for COUNTY ADMINISTRATION BULDING ( CENTRAL SERVICES DEPARTMENT ©@ ~W I, Olivpr ~nl11m REPRESENTING RnrnQ Tn~prn"""";nn""l ~pcurity E Company and/or Corporation, agree to furnish the product(s) required in the specifications for the price of: 1. HOURLY RATE $ 1~ ~E; 2. OVERTIME RATE $ 0.00 3. HOLIDAY RATE $ 0.00 Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdra'M1 during a period of 60 days after bid opening. The Board of County Corrmissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are inoomplete, oonditional, obscure, or which contain additions not allowed for, acpept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER:Burns International Security Services ADDRESS: 265 Crockett Blvd CITY, STATE, ZIP Merritt Island, FL 32953 PHONE: 321-449-95;~ J SIGNED BY: ro.. .~ ... TITLE: Business DevelopmEDA:TE: 27 September 2000 Manager ~- C:lDocuments and Settingslamyones.IODLocal SettlngsITernplOO-099-bidwpd-reY.' ;J,~- ;, AGENDA REQUEST ""'" ITEM NO. C-6-B '-' DATE: October 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: RFP #00-070 Title Insurance Services CHARLES BICHT BACKGROUND: On July26, 2000 proposals were received for Title Insurance Services. One hundred twenty four vendors were notified, twenty sets of RFP documents were distributed and three proposals were received. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests permission to negotiate with Treasure Coast Abstract & Title Insurance Co. and Community Land Title. The contracts will be brought back to the SOCC for approval. County Attorney:(X) '1j;./ -..... V' Coordination/Siqnatures ~ derson Administrator COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Mgt. & Budget: Purchasing Mgr.:(X)~ Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 G:\COMMON\AGENDAS\BIDS\2000-070 award.wpd '-" ...., t .-.... ~ u ~ .. ~ ~ ..... ~ 00 ~ ~ ~ ~ ~ ~ ~ ~ -< 0 z = æ ~ ~ '-' 0 ~ . ~ 0 ~ 0 Q U 00 ~ ;;;¡ ~ . ~ ~ >~~ ~ ..... -< u ~~~ ~ u ~ ~ . ~ ;;;¡ ~ z~= oo~~ ~ ~ . ~o~ ,~z g z ~ 0 ~ 00 ~ 00 °uo 0 '-' z U ..... U ~ .. ~ ~ ~ ..... ~~~ ~~M 00. 0 U ~ ... Z ~ !:Cl::17J ~~~ ~~@ ~ ~ ~ Cl::O~ ~ ~ ~ ~ OQ¡.. U~;;¡ '-' ..... zz-< z z . ~ ~ -¡;¡¡¡.. ~ == ~~g êa ;:!!!>17J 00. -< ~ ::::: ::::: :::: ~O~ ~ 0 ~ E-- · U ~ OO~= 0 u u u ~ = to) Z N N ~ ~ ~~M ~ ~ ... ~ oo.~~ U~\tS z .~ .~ 0 ~ ~ ;;;¡ E-- ZOOM ..... 00 ~ ~ 00 == Z .. ~Z> ø Q -< Q ~ ~ ¡;¡¡ ~ E-- ¡.. -< Z ~ = ~O~ ~ 7JJ. := 0 ~ ~ -< .. ; t--- ~~ ~ Q ¡.. ~ ¡;¡¡ 17J ~ 0 - - = = OO~~ ~ ¡¡¡, Q ~ U - 17J ;. 0 ~ ¡.. ¡.. Q I Z~~ 0 ~ z z ¡;¡¡ = ~ ~ ¡;¡¡ > ~ Z ~ 17J ~ - ~~~ ¡;¡¡ ¡;¡¡ = ~ ~.. - ... u ~ ;;;¡ z U ;;;¡ -< 0 ¡¡¡¡ 0 ::tt ~~Z 0 ~ ~ :.. Q CI:: u U 7JJ. ;:!!! 17J ~ :.. :.. < ~ ~ Z -< 0 ¡¡¡, ¡¡¡, ... ~CJ~ " CI:: CI:: ~ .... <:f. ~ ~ ¡¡¡, ¡¡¡, ¡;¡. ~ ~ 0 0 0 0 ~ ~U~ CI:: CI:: c=: ~ = U ~ ~ ¡;¡¡ == ¡¡¡¡ r:1 E=<O := =: Q ;:!!! :i ~ ::=: ~ ~ ~ ~ ~ ;;¡ r:1 ....-( M ~ z z Ž ;- " ''-' .~ .~. ......~. ~; 2" PROPERTY ACQUISITION DIVISION MEMORANDUM FROM: _...._._~~.._..__.__.. .' .. .___..-_....~-;..,--c-..,,~,.~c------c-··'1 çhªrt~~J!ic~~::.~Î~~~.~.iºg..M!Ymg~[>,.ü· ) Donald G. ~---Property Acquisition Manager TO: DATE: October 10, 2000 SUBJECT: RFP 00-070 --------------------------------------- --------------------------------------- Attached for your records are the minutes from the Review Committee meeting on September 20, 2000 for Title Insurance Services. As requested at this meeting, I contacted all of the references listed for Community Land Title. All the references had a very favorable response concerning Mr. Booth's ability and performance. Also, as requested I asked Mr. Booth if he would be willing to increase his insurance coverage from $750K to $l,OOOK. Mr. Booth provided his agreement to the increase in the attached facsimile. Based upon the recommendations and findings of the Review Committee it is recommended by the Committee that the County enter into contract negotiations with Treasure Coast Abstract & Title Insurance Co. and Community Land Title. Please let me know if you need anything further from me. Cc: County Administrator County Attorney County Engineer County Surveyor File G:\ACQ\WP\DON\TITLE. RFP RECOMENDATION.wpd ~ ....., September 20, 200 RFP 00-070 Request for Title Insurance Services Review Committee Attendees: Daniel McIntyre, County Attorney Don West, County Engineer Donald Cole, Property Acquisition Manager Charlie Bicht, Purchasing Manager Ron Harris, County Surveyor Also in attendance: Yvonne McCall, Property Acquisition Agent Don Cole stated that the Purchasing Department mailed out 124 notifications, 20 vendors picked up RFP documents and 3 vendors responded. Principal Title Insurance Treasure Coast Abstract & Title Insurance Community Land Title Corporation Dan McIntyre stated that I don't usually attend RFP review meetings but since this subject matters directly involves my office I am attending". I would certainly recommend that we go with Treasure Coast Abstract & Title Insurance Co. They are one of our current vendors and do an excellent job for us, they have an attorney that exa.¡nines title and have in the past performed high quality work for us. The other 2, one is local in Port St. Lucie, the other one in Ft. Lauderdale. The one that is local I had a couple questions, I noticed that they didn't have an attorney examining title although it looks like the examiner has a lot of years of experience, which is good. I wanted to know if they have errors and omissions insurance, I didn't see that in the RFP and I would like to confirm that, typically a lawyer would have malpractice insurance. Oh, I do see that they have professional liability up to $750,000.00. Charlie Bicht stated that the RFP does require that the proposer that is awarded the contract shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County, so basically it leaves it to us to make sure that they have what we want. Dan McIntyre stated that "we have had some deals over $750,000.00 and that we probably need coverage of at least $1,000,000.00 minimum. Dan McIntyre asked Don Cole to check with the Vendor about increasing their amount of coverage and also to check their references. Dan McIntyre stated that if we have two qualified companies that are local I don't see a need to go to Fort Lauderdale unless somebody else does, they seem like they were qualified and they've done a lot of work for the City down there but if you've got qualified people here I don't see a need to go down there and I don't think that we need necessarily three (3) title companies '-' ..., RFP Title Services September 20, 2000 Page 2 actually we could get by with one, but since we have another local firm, subject to investigating the references and further discussion on the professional liability insurance my suggestion would be that we go with the two (2) local firms. Charlie Bicht asked about the logistical problems. Dan McIntyre discussed that there would be more overnight packages and that the Vendor would have to come up here to close our transactions which might make the costs more expensive and the County would not want to bear that. Treasure Coast hand delivers all the work to us, possibly we could work something out with the PSL company to have a runner come up here a few times a week. We could work that out with them if we establish a relationship. Dan McIntyre summarized by recommending the two local companies subject to confirmation and review of references and liability insurance. Ifwe run into an issue with either one of those, we reconvene as a group and decide if that is a significant problem. Assuming that they work out, we will just take these two (2) to the Board, that would be my suggestion. Don Cole reiterated that he would like to have two companies because at times we have inundated Treasure Coast and we have a lot of work coming up. All attendees concurred with Dan McIntyre's recommendation. 09/25/2880 11:21 5¡;1-337-3~41 COMMUNITY LAND TITLE PÁGE 01 ~..., --Fax...sentby...CommunityLand Title To: Mr. Donald Cole Date: September 25,2000 Re: Error,'J' & Omi8,yêons Insurance RFP #00-070 - Title Insurance Services Fax #: 462-1440 Number of Pages: 1 1\11". Cole: This fax confirms our conversation of September 23, 2000 wherein it was di,scussed that CommWlity Land Title Corporation (the Company) has been requested to increase ìts error.r andomìs.rion,y (EkO) ínsurance coverage «om $7S0K. to Sl.000K. provided the Company is selected as one of tbe County's providers ofTit1e Insurance Services W1der RFP #00..070, The Company understands and accepts thìs request as being a contingency by the County with regards to the'; abovementioned selection. The Company agrees (upon the County's ~lection of the Com.pany) to make immediate application to its current provider ofE&O insurance, pay all additional premiums due pursuant to the requested increase of coverage and to provide the County \\11th a copy of its new De.claraticn Page upon receipt of same. We thank }QU and the County for considering Community Land Title Corporation in this selection process. Sincerely, RF. HBob') Booth, Jr.. C.L.S. President £tOOl t.hI! DesK of... RF. «Bob" Booth. Jr., C.L.S.~ President "Experience the DifJèrence " 2400 SE Midport Road, Suite 214 ... Port St. Lucie. Florida 34952 Phone: 561 ~337-3335 .. F..a.x:561.337-3441 -- --- ---- --:- ~ ...,,¡ , FOR IMMEDIATE RELEASE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 9/13/00 FOR MORE INFORMATION PLEASE CONTACT: CHARLES BICHT, PURCHASING MANAGER (561) 462-1700 ST. LUCIE COUNTY WILL BE CONDUCTING A REVIEW OF PROPOSALS FOR TITLE INSURANCE SERVICES, (RFP #00-070) ON SEPTEMBER 20, 2000 AT 9:00AM.. THE MEETING WILL BE HELD ON THE 3RD FLOOR OF THE ROGER POITRAS ANNEX BUILDING (2300 VIRGINIA AVENUE, FORT PIERCE, FLORIDA) IN THE LAW LIBRARY, COUNTY ATTORNEY'S OFFICE. ANYONE WITH A DISABILITY REQUIRING ACCOMMODATION TO ATTEND THIS MEETING SHOULD CONTACT THE ST. LUCIE COUNTY COMMUNITY SERVICES DIRECTOR AT (561) 462-1777 OR TDD (561) 462 1428 AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO THE MEETING. G:IACQIWPIDONIMEMOIRFP PUBLIC INFO NOTICE.wpd ~ - '-' AGENDA REQUEST '-' ITEM NO. C-6-C DATE: October 24,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: RFP #00-078 Coffee Service at the Courthouse CHARLES BICHT BACKGROUND: On August 16, 2000 proposals were received for Coffee Services at the Courthouse. Thirty nine vendors were notified, six sets of RFP documents were distributed and one proposal was received. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the proposal for Coffee Service at the Courthouse to Thomson Coffee Co. and authorize the chairman to sign the contract as prepared by the County Attorney. [X] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: nderson ty Administrator County Attorney:(X) err" y Coordination/Siqnatures Mgt. & Budget: Purchasing M9r.:(X)~ Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 G:\COMMON\AGENDAS\BIDS\2000-078 award.wpd 00 ~ ~ z 0 ~ 00 ~oo~ 00 ~~ ~ ~~~ ~~oo ~ . ~ oOz ~ 0 uu~ . ~ ::::: ::::: ~ ~>< ~ = ~ 7J'l ~ ~~,.;¡ ~ = ~ .. uz~ 0 ~ z 0 ~~~ = @ =- ~ 0 VJ. . ~o~ = ~ 0 · u t ~ t: . .= u .= ~ ~ ~..~.~ O~ M U~ -- 0 ~ 0 \,C ~ ~ ~.ÇJ ~ ~ ~ ~ ~ 0 ~~ 00 >: u Uoo ~ çJ Z :11 QO~~ ÇJ ~ 0 8 ~ =! 0 g 7J'l = ~~~ ~ ~7J'l ~ ~ 0 ~ =~~ ~ 0 = ¡s:~ z ~ ~ ~ ~ ~~O ~ ~ ~ ~O~ 0 ~ ~U - . 'w' 'WI ~ , JoANNE HOLMAN Clerk of Circuit Court '-" ....I. SAINT LUCIE COUNTY P. O. DRAWER 700 FORT PIERCE. FLORIDA 34954 May 10, 2000 Mr. Charles Bicht Purchasing Manager St. Lucie County Ft. Pierce, FL 34982 / re: Coffee Service for Court House Dear Charlie: We have been approached by Jim Porter from The Thomson Coffee Company in regards to him supplying coffee in the courtyard here at the Courthouse. He has been trying to get this business set up for quite some time now. I cannot begin to tell you how many times people request coffee, most especially the jurors. When I suggest to the out of town attorneys that they go across the street or down the street a few blocks for a cup of coffee, they all say "we don't have time." Many courts still have snack bars. I think this would be a great service to provide for the public. It also may hSlp to put our jurors in a better frame of mind. oAnne Holman, Clerk Circuit Court JH/llh cc: Robert Bradshaw, Assistant County Administrator Jim Porter, Thomson Coffee Company 00-118 letters.jh/coffee County Courthouse 221 South Indian River Drive Fort Pierce, Florida 34950 (561) 462-6900 250 N.W. Country Club Drive SI. Lucie West Port 51. Lucie. Florida 34986 (561) 871-5375 Finance Department 2300 Virginia Avenue Annex Fort Pierce, Florida 34982 (561) 462-1476 Old Fashioned, Friendly, Courteous Service With Modern Technology , > '-' '-' THON1SON COFFEE cia J~M PORTER 96 SPARROW LN ROYAL PALM BCH~ FL. 33411 561.307.1010 ~. / ',Yo. ------. '-' ...,., . RFP # 00 .. 078 / COFFEE SERVICE AT THE COURTHOUSE PURCHASING DEPARTMENT :~ THOMSON COFFEE CO. JIM PORTER 561.307.1010 '-' '..I Ä3 LETTER Of TFtA~]SM~TTAL I,JIi\Jl PORTER, STARTED A COFFEE AND CAPPUCCINO CATERING COMPANY A YEAR AGO. I'M A SOLE PRO~ PEtTER. THE SCOPE OF THE VVORK,AS DESCRIBED IN THE RFP PACKET IS THE EXACT DEFINITION OF ~jlY BUSINESS. FRESH GROUND CAPPUCCINO AND COFFEE ARE MY SPECIALITIES. EVERYTHING I USE IS FRESH...I EVEN HAVE BARNIES FLAVORED COFFEES. TO ADD VARIETY, I ALSO MAKE SMOOTHIES AND FRESH SQUEEZED LEMONADE. I HAVE CARTS,ALL HAND CRAFTED ,MADE OF CYPRESS WOOD. I CAN CREATE A HIGH QUALITY PRODUCT THAT IS AS GOOD AS , OR BETTER THAN ANY SELF-STANDING UNIT. ALL CARTS ARE SELF- CONTAINED AND PORTABLE. I HAVE BEEN MANAGING RESTAURANTS FOR THE PAST 15 YEARS,GUEST SERVICE AND QUALITY CONTROL HAVE ALWAYS BEEN TOP PRIORITY .I HAVE TAKEN COUNTLESS SEMINARS IN THE ABOVE FIELDS.I HAVE A STATE OF FLORIDA MOBILE HEALTH CERTIFICATE AND I PASSED THE STATE "FLORIDA FOOD MANAGER C ERTIFICA TE"TEST. I HAVE THE EQUIPMENT,A HIGH QUALITY PRODUCT, AND THE EXPERIENCE OF CUSTOMER SATISFACTION TO CONDUCT A 1 ST CLASS COFFEE AND CAPPUCCINO BUSINESS. --- 8~ OR AR'IZATION PROF1'LE AÌ'~D QUAl'F~,CJ\ T~ONS THE COíV1PANY ASSETS(iV1ECHANJCAL) CONSIST OF 3 INDUSTRIAL ESPRESSO ~AACH~NES, 2 ESPRESSO GRINDERS,3 COFFEE MAKERS,2 COFFEE GRINDERS1 AND 4 CARTS FOR DISTRIBUTION. I HAVE RUN 2 TO 3 EVENTS DURING THE SAME TIME PERIOD. -- MY ACTIVITIES ARE VERY EXTENSIVE. MY BUSINESS IS UNIQUE...CREATING A DEMAND FOR MY SERVICES. THE FOllOWING IS A LIST OF CURRENT ACTIVITIES: 1. FT.LAUDERDALE JAZZ BRUNCH....HELD THE 1 ST SUNDAY OF EACH MONTH. 2. BOCA RATON COMMUNITY EVENTS....I'M INVOLVED IN ALL OF THEIR EVENTS(ABOUT 1 EVERY 2 WEEKS '- 3. PALM BEACH GARDENS COMMUNITY EVENTS...I CATER ALL OF THEIR FUNCTIONS. 4. LAKE PARK COMMUNITY EVENTS...THEY RUN 1 EVENT ABOUT EVERY OTHER MONTH.I'M ON THEIR CALL FIRST LIST. " 5. I HAVE CATERED SEVERAL WEDDINGS DURING THE LAST YEAR. 6. I CATER SPECIAL PROJECTS FOR THE S.E.D. NETWORK OF THE PALM BEACH COUNTY SCHOOL DISTRICT. 7. CITRIX TENNIS TOURNAMENT IN DELRAY...THIS IS A NATiONAL TENNIS TOURNAMENT HELD IN MARCH. '-' . '-tI. 8, ~ PARTjC~PATE vVJTH THE AREA HJrGH S;CHOOL BAND C!O~\ll?ET~T~ONS , BOCA HS DEERFIELD HS JOHN LEANDRD HS DOUGLAS HS SANTLUCIOUS HS 9. rYE DONE NUiV1EROUS ART AND SPECIAL EVENT SHOWS. THE FOllOWING IS A LIST...THESE ARE ANNUAL...I WILL BE ATTENDING THEM AßAIN. FIESTA OF ARTS.......................... ................... ................... ......BOCA RATON TROPICAL AGRICULTURAL FIESTA..............................HOMESTEAD NAPLES I NVIT A TIONAL ART FEST.................................. NAPLES SEASIDE FIESTA.............. ....... ..... ..... .......... ......... ....... ............. NEW SMYMURA PALMS WEST......... ...................................... ........................ ......ROY AL PALM BCH RIVER DA Yz.......................................................................... ......STUART WINTER FESTIV AL....... ........ ..... ..... ....................... ........ ......... . LAKE PARK NATIONAL CITRIX TENNIS TOURN................................DELRA Y BCH ROARING 20'S ARTS AND CRAFfS................................SEBRING BACKUS ART FESTIV AL........................................................Ff PIERCE SEBRING ARTS AND CRAFfS..........................................~SEBRING ,--,. ...,,; "'.'--:¡,~: C/.,,·_···,--- . . i-, ! \?~ ~:;: . '-..iiì.. § ~ ..,;;.." ·F"~··7.+: ·E~·· _:~~'.'~- ·R-r'Y"~'~;~')' I~. '~ _"",, ~ t~ .~ ;::,.,'¿:-.,,¡" EMILL Y LlLL Y..............................BOCA RATON COMMUNITY EVENTS DIRECTOR 561.393.7827 JANICE SCARINCI....................SPECIAL EVENTS COORDINATOR OF PALM BCH GARDENS 561.775.8206 / DEBBIE NEESON.......................SED OF PALM BCH SCHOOL DISTRICT 561.681.0014 . . MARK BARON..............................CITRIX TENNIS TOURNAMENT DIRECTOR 561.330.6000 MARIE ROCK................................FT. LAUDERDALE PARKS AND RECREATION DEPARTMENT COORDINATOR 954.761.5346 " '-' ....1 JA~J1ES T PORTER 96 S;PA!A~OW LN :HOY.AL F1ALJ\¡j BEkC}-Jj fl. 33411 5,81 792892,D CELL 561 3D7 1010 EDUCA T~O~l 1983 ROLLINS COLLEGE WINTER PARK,FL IS.A. DEGREE, BUSINESS MAJOR @ MINOR EDUCATION WORK EXPERIENCE RESTAURANTS 1983-1998 RED LOBSTER BENNIGANS CH ILl'S HOPS ROYAL PALM ALE HOUSE GENERAL MANAGER FRONT MANAGER 1ST ASSISTANT ASSISTANTGM MANAGING PARTNER ALL POSITIONS INVOLVED MARKETING, PROBLEM SOLVING,P@L NUMBERS, PUBLIC RELATIONS, AND GUEST SERVICE. ~ ...,. fJRESiE~1 EJ'J]PLOYfu]EffT THOMSON C'OfFElE :COMPANY ACT~V¡TIES RA~lGE FROM CA TEFHNG ,SPECtAl PROJECTS, AND ART SHOv"JS. / NU-BATH TUB AND TilE REGlAZING MARKET AND SELL FROM VERO BEACH TO WEST PALM BEACH. RESPONSIBILITIES INCLUDE BIDS, ESTABLISHING NEW CLIENT AND MAINTAINING CURRENT CLIENTS. r) ~~~( C' ~. "1: ~. n ",.{ , a s;! Q m r , " ID.."ID m;¡¡< X ï1 :D( , (j I'T1 -1-1- m OO~ 0 m>z ï z<( ï~ < "om mO tT' >..,,0 "0> (j:¡: Z ~o-l dZ C Z-I> C -I OlD .?J?, :;t) :rIDO mm< ~(j m:Dm c::>;¡:. ïï ( zO s:):> ZOo :D mm:D OJ" cnzm m· .!"!2~ ):>(j "Z ....,,"!1 (jll ÕOO :¡:(j .." ::c mZ-I (j ( -I:r ( -m 0 õm" c Z-lm Z o:5::c -1 :D::Cõ -< O::!O o!:!lm °:rm !60~ »Z -I<Z õoz Z.."" 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PROVIDE FRESH BREWED COFFEE, DAILY SPECIALS AND FLAVORED COFFEE: .' -I USE FRESH COFFEE BEANS AND HAVE THE RIGHTS TO SELL BARNIES FLAVORED COFFEE. B. PROVIDE FRESHLY MADE CAPPUCCINO(USING REAL BEANS AND FRESH MilK): -I HAVE 3 INDUSTRIAL SIZE CAPPUCCINO MACHINES 2 ESPRESSO BEAN GRINDER THIS PROVIDES FRESH AND FROTHY CAPPUCCINO c. OPERATE IN A SPACE LESS THAN 7'X7': -MY CARTS ARE ONLY 5' LONG \w' .....,I D. ALL CARTS N1UST BE PORTABLE: -ALL OF MY CARTS ARE MADE TO BE EASILY PUSHED AND MADE OUT OF LITE CYPRESS WOOD. -SET UP IS LESS THAN 10 MINUTES E.RUN DAILY DRINK SPECIALS OTHER THAN COFFEE: -MY MENU WILL CONTAIN SMOOTHIES MADE FROM FRESH FRUIT....THIS CREATES A VARIETY OF DRINKS...ALL HEALTHY. -I CAN ADD SOME TYPES OF SODA AND ICE TEA. / F. MAINTAIN AREA FOR CLEANLINESS: _I WILL TREAT THIS OPPORTUNITY AS IF WAS MY OWN LITTLE RESTAURANT. -WILL PROVIDE PLENTY OF GARBAGE CANS AND POST SIGNS ON MY CART ABOUT RULES. -WILL HAVE A HAND SWEEPER WITH MY NAME ON IT. G. PROVIDE BEVERAGES FOR JURORS;: -WILL MAKE UP MINI MENUS TO BE PLACED IN THE PROPER ROOMS. -TAKE ORDERS OVER ANY TYPE OF PHONE -I WILL DELIVER '-' ' ......, - C"'-~--,- r~ 1\,~t,lm,- ~\)il . Ni ,.1^T·'¡" ] N.,.--; " F~,' I ,-. ~ fEEL $500 A MO~JTH IS FAJR FOR TWO REASO~IS~ / 1. MY MENU PRICES REFLECT THE SET COMPEN- SATION AMOUNT. I WILL BE A 'REFLECTION OF THE CQUNTY...CHARGING HIGH PRICES TO JURORS AND VISITING ATTORNEYS IS NOT THE INTENTION OF THIS RFP...ENABLING PEOPLE TO RECEIVE A QUALITY PRODUCT AT A FAIR PRICE AT A CONVENIENT SPOT IS THE GOAL. .:.. 2. I WILL BE AT THE MERCY OF MOTHER NATURE --- .-- L INFORI'nATI N··.·.··· . .. A·, D1 D· . '11' ·0 / '. : .' t .' I . ¡', l rYE ATIACHED A LETIER FRONl JOANNE HOL~J1ÀN. WE HAVE BEEN TRYiNG TO BEGIN THIS FOR QUiTE AWHilE. HER NUíV1BER 1 REQUEST FROM THE JURORS ...COFFEE AND BEVERAGES. JOANNE ALSO COMMENTS ON A SITUATION/ ABOUT VISITING ATTORNEYS...LACK OF CONVIENCE FOR A CUP OF COFFEE AND A PLACE TO RELAX FOR A MOMENT. I TALKED TO JOANNE MANY TIMES IN ORDER TO GET THE IDEA MOVING. I GAVE INSIGHT TO THÊ IDEAL SET UP THAT CAN MAKE A COURTHOUSE VISIT MORE ENJOYABLE. I PLAN ON MAKING PORT ST. LUCIE MY HOME. WE HAVE MANY FAMILY TIES. I HAVE WORKED IN PORT ST.LUCIE DURING THE LAST YEAR AND A HALF....I LOVE IT. THE LAST 3 PAGES CONTAIN MY MENU...THE PRODUCTS WILL REMAIN THE SAME....PRICES WILL VARY. '-" ~. TH"'O ~.. . V,. ~:.. /-.., \;, . ",', : !A ;-. _. . . ! .:, ~~~ - . .~ -.-' "0' \~ "',~" " ,', ......- .- . ....'>" ~~~1[JC:;C:;: c:Þ~@~.~~~.~~.~,.~~@~~~~~~~~~~ espresso coffee"t/41 steamed mrntTIlk,3/4 ftom ~c:Þ~~a....~.~....~...'.......~0.~...@~2S.S¡f) cappucclno with cboc!ate syrup ~~................................~2S.t)f) esspresso coffee, steamed mUk,dab oCftoth CUBAN COFFEE.............$2.50 dark..thick..sweet...Soz!!! CAFE CON LECIIE.............$3.00 cuban coffee @ froth JB~~~~~CJþ..........................~1L.!itt t @ II" oz· of' espresso DOUBLES....ADD..50 FRESH GROUND COFFEE........$1.80 DECAFFEIN'A TED.....................$1.0G BARNIES FLA VORED...............$1.50 .. , · }, d 4-~~ ,,'v prices J.D.C n e Lß.A .... · . -. '-' - ...., . / 3.00 BANANASTRA WBERRY :-;,. STRAWBERRYCOLADA PINACOLADA - ,-,. ...." . . SPECIALITIES .' VANILLA IRISH CREAM HAZELNUT .' GERMAN CHOCOLATE $2.50 $2.75 nœ n~ BELOW AR 2 SANl OF CART PRESENTATiONS )~ S~fTSDALE INSURANCE C~~ANY® COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy No. CLS0493055 Effective Date Named Insured THOMSON COFFEE COMPANY Agent No. OS/20/2000 12:01 A.M., Standard Time 34001 Item 1. Limits of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products/Completed $ 1,000,000 Operations Aggregatè General Aggregate (otherthan $ 1,000,000 Products/Completed Operations) Coverage A - Bodily Injury and anyone occurrence subject Property Damage Liability to the Products/Completed Operations and General $ 1,000,000 Aggregate Limits of Liability anyone premises subject to the Coverage A occurrence and the General Aggregate Limits Damage to Premises Rented to You Limit $ 100,000 of Liability Coverage B - Personal and anyone person or organization Advertising Injury Liability subject to the General Aggregate $ 1,000,000 Limits of Liability Coverage C - Medical Payments anyone person or subject to the Coverage A occurrence and the Gèneral Aggregate Limits $ 5,000 of Liability . Item 2. Form of Business and Location of Premises Form of Business: ŒI Individual o Partnership or Joint Venture o Limited Liability Company 0 Organization (other than Partnership, Joint Venture or Limited Liability Company) Location of All Premises You Own, Rent or Occupy: SAME Item 3. Forms and Endorsements Form(s) and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forms and Endorsements Item 4. Premiums Coverage Part Premium: $ 500 Other Premium: $ Total Premium: $ 500 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CLS-SO-1 L (9-98) INSURED - , '-' AGENDA REQUEST ....,¡ ITEM NO. C-6-D DATE: October 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING SUBJECT: RFP #00-065 - Emergency Debris Removal PRESENTED BY: CHARLES BICHT BACKGROUND: On August 23,2000 proposals were received for Emergency Debris Removal. Seventy six vendors were notified, thirty sets of RFP documents were distributed and eight proposals were received. The selection committee met and ranked the proposals as follows: 1. Nichols Sanitation 2. Grubbs Construction Co. 3. Gulf/ Crowder Equipment 4. Phillips and Jordan, Inc. 5. Ashbritt Inc. 6. Arbor Tree and land Inc. 7. Global Resource Recovery 8. L.E.B. Demolition Staff intends to contract with all firms to ensure that resources will be available in an emergency. These firms will be called upon, in order of ranking, to assist the County in case of an emergency for debris removal and to assist with FEMA reporting. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the ranking and permission to negotiate contracts with the proposers in order of ranking. COMMISSION ACTION: u Anderson ounty Administrator [~APPROVED [] DENIED [ ] OTHER: County Attorney:(X) ,::::;r, ¿~ -'/''''' Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.:(X) cß Originating Dept: Finance: (Check for Copy only, if Applicable)_XX_ Other: Other: Eft. 1/97 G:\COMMON\AGENDAS\BIDS\2000-065 award.wpd 00 ~ ~ Z o ~ 00 ~~~ ~~~ Z~= ~o~ °uo U ~ ~~~ ~~~ UZ;;J ~ ~ = ~ 0 ~ · U ~ ~ .~ OO~~ o § -< o ~ ~ -< > o ~ [;ìt oo~ ~~ ~~ ~~ ~~ ~~ < ~oo. tnUU \Cz~ =~~ I~= ðNJ~ :U:~~ ~~c:z= ~~O =~~ '-' ~ . ~ = = .. ~ @ = = = M --- ~ M ~ 00. ~ ø ~ < ~ ~ Z ~ ~ o .." ~ .; ~ ~ ~. ~~ "'"':' Z '" ~ O~· ';' ~ ~~ ~ '" Z ~ ~~~~ ..= ~~.. 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St. Lucie County Department of Publ.ic Safety Di vision of Emergency Management MEMORANDUM TO: Charlie Bicht, Purchasing Director Donald Daniels, Emergency Management coordin~tor~ October 13, 2000 FROM: DATE: REF: Debris Management Selection Committee ***************************************************************** Per Robert Bradshaw, Administration, the committee has ranked the companies and is now directing you to negotiate contracts with them in the order they were ranked. It is the committee's desire to have all the companies, involved, on contract as a backup. Attached is the original meeting minutes along with the rankings. .- ,,----., ,~ a r-. ',~ .,.i " L-) 0"1 CC: Robert Bradshaw, Administration Jack Southard, Public Safety Mike Bowers, Road & Bridge Ron Roberts, Solid Waste Dino DeRostaing, Purchasing #00-065 October 2000 Attendees: Robert Bradshaw, Administration; Roberts, Solid Waste; Mike Bowers, Road Emergency Management; DeRostaing, Purchasing; Ron Department; Donald Daniels, A meeting was held at the Administration Building, Conference Room 3 on October 6, 2000 for the purpose of RFP # 00-065 emergency debris removal company presentations. The companies were ranked in the following order by the selection committee: 7 6 5 7 3 ;l.~ 7 8 6 6 33 The minutes as well as the evaluation forms have been forwarded to the Purchasing Department. ...J ~ o :æ w 0::: V) æ m w CD >- U Z W (!) 0::: w :æ w It) U) o I o o ~ a.. 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'-' ....; -~ STATE OF FLORIDA DE PAR T M' E N T 0 F CO MM U NIT Y A F F A IRS , EMERGENCY MANAGEMENT. HOUSING AND CO,I,\,I,WNITY DEVElOPMENT· RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Secretary Governor DEBRIS REMOVAL GUIDANCE FOR LOCAL GOVERNMENTS This document includes delïnitions. terms. proCGsses and cautions takcn from several publicatiohs. This guidance applies to all subgrantœs with a Category "^"-!)cbris Removal claim. ... A. Procurement Genera! The state and federal programs allow you to procure materials and serviccs using your own procurement procedures if they med or excecd kderal procurement standards. This means while it is acceptable to use your o\\'n systcm. you will nced to assure your procurement system is within the statc anLÌ federal program requirements. B. Procurement Standards Federal procurement standart.ls arc CO\'cred in the revised OMß Circular ^-I 02 and 44 CFR, Part 13. These standards arc arplicablc to any proeurer:J1cnt expected to exceed $25,000. Florida Statutes. Chapter 252. also covcr procurement. C. Tvpes of Procurement: .. Small purchases' + Competitive sealed bids + Price negotiation + Non-competitive negotiations Small purchase procurement generally require yt)!1 to seck the best price by calling a number of vendors. Competitive sealed bids for contracts exœeding $25,000 requircs formal advcrtising in recognized trade journals and/or ne\\'spapcrs. a specific time for opening bills. and the award of the contract to the lowest responsive and res¡xmsib\c bidder. 2555 SHUMARD OAK BOULEVARD· TALLAHASSEE, FLORIDA 32399-2100 FlŒ::J,~ KEYS AR:A Of CRiTIG'l ST,',E ([)\([,:\ fIELD or,iC: ~2~?~,~,~~~~::~gi';\nJ~2~;~\ 212 ~C'. ii! flU':; ),", ':'CO'.F\ Cf:: C~~~.\ ~'.', ....\',:':.,;.:~~~ Of C;(\T:C:\L Sì,;:: CO,\:[R\ P i: " ~i.\'! fiELD Ofi iC: J 55 ["s: S~~:::c::':1 6,1~'JW, f:O':C,l 33330·46~: PioiX) \.\ h~¡', ~:·l··.:! ,V...!::;\, ¡ Jr.....': ~): ).,j..l'~: 2 '-' .."",¡ , ·r Price negotiation is the request for a proposal (RFP) process, whereby you are selecting the services of the best qualified individual or firm to perform specific services or provide specific products. Cost is general!~ the second objective in the process. The primary concern is the . qualifications of the contnictor. Non-competitive negotiation is basically a Sole SOlirce procurement. The circumstances acceptable for sole source may be: 1. The item is available from only one source. 2. Public emergency and urgency will not permit a delay incident to competitive bidding. 3, The federal or state funding agency authorizes it. 4. Comp.etition is inadequate evc,n though you tried to competitively bid tµe work. The biggest procurement problem you will encounter is'usually with sole source procurement. Even though the immediat~ disaster response may have forced you to use sole source procurement. you must documcnt why you used this method and how you negotiated the price. D. Contractin~ Causation: Two major problems normally occur \\,hl'n you award contracts for disaster related work: I. You will award one contract covering several sites; and lor 2. You will forget to require the contractor to segregate costs on the invoices by Site or Damage Survey Report (DSR) for work performed. The result may be fEM^ and you wil! havc to pro-ratc the contractor's cost to each DSR site. As you can sec. this can be arbitrary and could cost you funds ¡fthere are allocations to ineligible sites. E. Illegal Types of Contracts: 1. Cost P I us a percentage 0 f Cost Contract (This type of contract is prohibited by FEMA) The reason this type of contracting method is not acceptable is there is no incentive for the contractor to hold do\'.;n the costs. In fact, the higher the costs, the bigger the profit a contmctor wil! make. Î '-" ....,; 2. Contingency Contracts (This (JïJe oj contract is prohibited by FEJvfA) . < Under no circui11stances should you contract "on the condition" that payment will be made frç5'm state or federal funding. F. Legal Types of Contracts 1. Time and Materials Contract These types of contracts arc sometimes used immediately after the disaster has occurred. Since no one knows what might be at a certain site, the contractor may. request a time and materials (TM) contract to perform directed work. .. The TM contract is acceptable if you carefully document that the contractor expended the time and materials on eligible work and you put a cost ceiling on the . . contract to prevent the contractor from running up the costs. "! ~.. 2. Negotiated Contracts It is impcrative that you document how you arrived at a contract price. This is easy if you use the RfP or competitive bid processes. This is not so easy if you are procuring emergency contract services without formal bidding. 3. Lump Sum For all work within a prescribed boundary with clearly dèfined scope of work with a total contract price. See Exhibit l-Expanded Guidance, Page 6. 4. Unit Price For all \vork done on a de lined base (i.e. ton. cubic yard, or item by item). See Exhibit I-Expanded Guidance. Page 7. G. Contract Selection It is suggested that of the four types described. only two types of contracts should be considered for debris operations. These are lump sum and unit price. H. Contract Execution Execution of any/all debris should be in conformance with state and local practices and legal requirements. .., -) \..f -...,¡I 1. Contract Administration Those activities required of a political subdivision after the contract award, include: , 1. Monitoring of Performance; 2. Inspections; 3. Possible Contract Modi!ìcation; 4. Acceptance of Work for Payment; and 5. Contract Close-out. J. Proiect Administration , If the unit price method is selected, detai led management of the conditions in contract is e~sential. On-site management and inspection of all operations is an obligation of the sùbgrantees using a unit price method. ~. Inspectors mtìst be familiar with provisi0I1s of the contract. A subgrantee staff member or special hire should be designated as debris manager. Responsible for controlling all aspects or the contract. K. Debarred Contractors You are prohibited from contracting with debarred contractors. You may obtain a list of federal debarred contractors from Division of Emergency Management (OEM) or FEMA L. Other Issues You May Want to Consider " 1. Federal program regulations require contractors to be bonded. Contractors must have a payment bond nnd a faithful performance bond. Bonding protects you from failures by the contractor to perform. 2. Contrac(ors must be licensed in the State of Florida. This requirement also extends to subcontractors to the prime contractor. You should require the contractor to prove it is licensed. If you arc skeptical, contact the Department of Professional Regulation. This department maintains the current status of all contr:.1ctors licensed in the state. 3. The larger and more widespread disasters may cause a temporary shortage of qualified contractors. 4. Some contractors ll111Y try to increase prices to take advantage of the disaster situation. 4 '-' .."",¡ 5. Make sure you contract with a contractor who has the expertise to do the type ohvork needed. for example, a plumbing contractor may not have the expertise and equipmcnt to perform major structural repairs. 6. FEMA will reimburse costs of additional hiring of debris site inspectors as required. Hiring shall be linked to specific DSRs. .7. The subgrantce and contractor should define the Rights of Way and determine if entry onto private property is required. The sub grantee must formulate legal procedures for indemnification and damage due to negligence with a right of way entry permit. 8. If a subgrantee uses a Consultant for debris removal management, the Consultant is required to submit their proposed debris management plan for FEMAlState review. .~ ~. M. .. Contract(s) Review Have DEM review the scope of work on bid documents and contracts. This will assist you in ensuring that eligible work is properly identified, and if other work is involved, eligible costs can be properly determined. The State Coordinating Office at the Disaster Field Office should be contacted. 5 , . '-' ..., EXHIBIT ONE .. EXPANDED GUIDANCE LUMP SUM AND UNIT PRICE CONTRACTS The development of a unit price included many \'ariablcs. Factors that influence the unit costs are: + + + + +~ +' + Types of debris; Method of removal; Distance to the disposal site; Routes to the disposal site; Permitting requirements; Work-site limitations; and Restoration of storage and/or reduction site. ~.. In their cost estimate. inspectors should address all items to be included in the scope of work. These items will include the actual work that may be required to accomplish the specific tasks. For example, if a damaged building is located [h:xt to a main water line serving the city, an indirect cÖst of the project would be protection of the line while the building is being demolished. The individual performing the cost estimate must put himself/herself in the place of the contractor who is being asked to submit a price for the work. This is very important in a disaster situation where there may be a variety of factors that will affect the contràctor's pricing, After the cost estimate is prepared, the scope of the project can be def¡ ned and the best type of contract selected. Contract Selection and Execution Two types of contracts should be consickred for most debris removal operations. These contracts are Lump Sum and 'Unit Price. Lump Sum Contract A lump sum contract is used for all work within prescribed boundaries or for building demolition contracts where the scope or work can be clearly defined. The lump sum contract established a total contract price by a one item bid from a contractor. It is understood in a lump sum contract that the price for the work is fixed unless there is a change in the scope of \\lork to be performed; therefore, the bottom line of the contract is 6 '-" -."I not in question as it might be with thc unit price contract. The specific advantages of the lump sum contract arc:, · It e~tablishes the cost ol"thc work at the time of bid opening; · It i~ easy to monitor since thc scope ol"\vork is well defined; and · I t is easy to tell when a contractor has completed all the work. A specific disaùvantage of the lump sum contract is that if the scope of work is not well defined to incluùe a quantity estimate. th,.;n the quantity estimate becomes the responsibility of the contractor bidding thc project. Experience has~hown that the contractor wi II pass this burdcn back to the governmcnt in the form of contingencies w)1ich will be incorporated in thc bid price. Therefore. the lump sum contract should be uscd only whcn the scope of work is clearly defined and the areas of work can be specifically q~lantificd. ^ modcllum~ slim contract can be found in Appendix~A. Unit Price Contract A unit price contract is uscd in thosc situ~ltions whcre the scope of work to be performed is reasonably large and exact mcasuremcnt of the total work is difficult to define. The unit price contract uses construction units and prices for these units to develop line item costs and total contract cost. The unit price contract is used when the scope of work can be defined and generally quantified by actual field measure (e.g.. 200 CY of sand, 10 tons of debris, 17 trees, etc.) It should be noted that the total "bottomlinc" 01" the contract may increase or decrease depending upon the accuracy of the unit quantity. for this reason, it is as important to properly estimate units as it is to estimatl.: unit cost. Change orders. to adjust the estimated bid quantity to the quantity actually accomplished in the field may be issued during or at the end ofthe contract. The advantage of the unit price contract is that the scope of work can be easily increased or decreased due to the fact that unit pricing for thc work accomplished is established at the time of the bidding process. The contract also provides line items for the contractor to express all charges associated with the work, and therefore takes the "guesswork" out of the contractor's bidding procedure. The unit used in the unit price contracts must be accurately estimated as possible, otherwise the final bottom line amount of the contract will be significantly different than thc contract bid received at the bid opening. A model unit price contract can be found in Appendix F. 7 '-' '-' Debris Project Administration Proper and efficient management of a temporary staging and reduction site or disposal. site (landfill) is essential when unit price contracts arc being utilized. The temporary staging and reduction site or the dispokal site become the primary point for quantity verification utilized for. payment. Well organized and managed inspection ~tations should be established at the entrance of the site. When the contract unit of measurement is based on weight, provisions should be made for weighing trucks as they enter and exit the sileo If the contract unit of measurement is the CY, inspection stands should be built for the inspection of loaded trucks. As to the volume and type of debris in a truck. Payment under a unit price contract is normally made on the basis of load tickets. It is recommchded that the foll<:)\ving procedures he followed when utilizing load tickets: . It is important that all inspectors read and become familiar wÙh the tecnnical provisions of the contract. Inspectors should conscientiously estimate each load hauled by the contractor. Improper estimates can lead to large and unnecessary government expenditures. If loads (to be measured by c/y) are not properly loaded or compacted, inspectors should reduce the rated volume of the truck accordingly. Inspectors should always be fair and consistent in dealing with contract personnel. . It is recommended that a local government staff member or special hire be designated as the temporary staging and reduction site and/or disposal site manager. The site manager should serve as the overall supervisor of the site inspection operation and should coordinate dumping efforts with the temporary site/Iandfill owners or operators. The site manager should serve as the initial arbitrator for differences in opinion between gate inspector(s) and a contractor's representative. Debris Contract Administration This term is generally used to encompass all of the activities that should take place after a contract is awarded and performance commences. Contract administration ensures that the contract is performed as agreed, The major clements of administration include the following: Monitoring of Performance -- Continuous monitoring of all activities of a contractor promotes satisfactory performance. In e\'aluating a contractor's performance, primary interest is in the progress toward completion of the services called for and the financial status of the contract. It is important that the contract provides for submission of periodic 8 '-" ....., reports and payment estimates, in order tu aid in the evaluation of the contractor's wo"rk progress. In addition to progress reports, frequent visits to the job sites can be a productive method of Í110nitoring performance. I Contract Modification -- During the administration of the contract, modifications may. be necessary to incorporate new requirements in order to provide contractual coverage for situations that develop after the award of a contract. All modifications should be in writing in order to protect the interest of both parties. The contract should contain a cIausé which permits the contracting onït.:er to make changes unilaterally within the scope of the contract. subject to an equitable adjustment of the contract price. Inspection -- Local governments should maintain an inspection and control system undÙ their own supervision to ensure that the work being perfom1ed complies with the terms of the contract. In addition to load ticketing. the inspection and control process should consider the following factors: Bond req\:lirements; State licensing requirements; Insurance requirements; Rights-oC-way and hold harmless indemnification; Mobilization of proper and adequate equipment; Posting of permits and warnings; Contractor personnel safety standards; General public safety standards; Completion schedules and rcports; Site restoration and clearance procedures; and Demobilization procedures. Acceptance and Payment -- Final inspection and the methód of interim and final payments arc part of the general conditions of the contract and should be set forth in the original specification or other contract documents. Subgrantees should accept for paymenl completed work that has been verified through the inspection process as performed in accordance with the standards stipulated in the contract. If the contract period is less than one calendar month. normal payment should be made in one total sum. I f the authorized work tenure exceeds a period of one month, provisions can be made to progress payments to the contractor. C) ~ . . " ' '-' ...." Closing Out of Contracts -- A contract is complete when all of the services or items' called for have been delivered or perform(:d and accepted. The contract is not administratively complete until all actions taken in compliance with the contract have been properly documented and final payment is made. Other References State or Florida - Engineering llandbook FEMA Disaster Assistance Program - Guidance Contact: Office Pager Jim Loomis Disaster Recovery Planning Manager Department of Community Affairs Bureau of Recovery and Mitigation 904-413-9945 1-800-241-4653 pin # 274-8956 ~' Revised as oj Februory 1996 10 '-' ....., ",. AGENDA REQUEST ITEM NO.C7-A DATE: Oct. 24, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Utilities Department William R. Blazak SUBJECT: Request permission to purchase a computer for the approved Administrative Secretary position at a total cost of $1475.00 and approval of equipment request #EQOl-2QO and Budget Amendment #BA01-100. FUNDS AVAIL.:Funds will be made available in 471-1300-564000-100 PREVIOUS ACTION: see attached RECOMMENDATION: Staff recommends approval to purchase a computer and all necessary software for the approved Administrative Secretary position at a total cost of $1475.00 and approval of EQOl-200 and Budget Amendment #BA01- 100. x] APPROVED ] OTHER: DENIED E: COMMISSION ACTION: D u Anderson Co nty Administrator Coordination/Sianatures 'L~·. County Attorney:X \ ,/;/ ,\ , !I-trr¡ I lit ~il/ Originating Dept: X 'l ,~"l) t r/· ~I Finance Director: (Check for copy only, Mgt. & BUdgetfx7t.l<1.6 Other: ~&¡ Purchasing :)( cß Other: if applicable)____ Eff. 5/96 - '-' ..., BOARD OF COUNTY COAAMISSIONERS UTI LITI ES DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM DATE: BOARD OF COUNTY COMMISSIONERS WILLIAM R. BL~AK, DIRECTOR ttvtifY OCTOBER 24, 2000 TO: FROM: SUBJ: COMPUTER FOR APPROVED POSITION Previous Action: The Board of County Commissioners approved the 2001 budget including the approval of an Administrative Secretary position for the Utilities Department. Background: During the preparation of the 2001 budget the Utilities Department requested an Administrative Secretary position but inadvertently did not request a computer for the position. The computer will include all software required for the position and for proper handling of department work. The computer workstation will also include Powerpoint and a sound card for the preparation of presentations and the required annual Consumer Confidence Reports. The total cost will be $1475.00. Recommendation: Staff recommends approval to purchase a computer and all necessary software for the approved Administrative Secretary position at a cost of$1475.00 and approval of equipment request #EQOI-200 and budget amendment #BA01-100. 'OHN D. ßRUHN, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No..3 . FRANNIE HUTCHINSON, District No.4· CLIFF ßARNES, District No.5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (561 ) 462-1150 · FAX (561) 462-1153 --- - , m ,- OJ m c c D '-" ....,¡j; c D :< m c c c Cñ "tJ ;; -t Q ;; » 3: :;; m 3: Õ ~ m Õ -t m z 3: z ~ » z -t 3: :-:I m Õ z ;;0 0 :-:I m z c ~ .. z :-:I IT1 I\) CD ;i ~ ~ c: c: 0 0..0 ~..... ::! ::! c Os::: CD ~ r- r- ..... ~ is' () è1\ C/) - :3 I ::! 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BU~T AMENDMENT REQUEST FO~ REQUESTING DEPARTMENT: OMS/UTILITIES PREPARED DATE: October 12, 2000 AGENDA DATE: October 24, 2000 ACCOUNT NUMªi:R ACCQUNT NAME AMOUNT TO: 471-1300-564000-100 Machinerv & EauiDment $1,475 FROM: 471-9910-599300-800 Reserves $1,475 J REASON FOR BUDGET AMENDMENT: Move money into DrODer account for new Pc Computer for the Utilities DeDt. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: '--}ftQ)) 01-100 .,. BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ~ ....., "t AGENDA REQUEST ITEM NO.C7-B DATE: Oct. 24, 2000 REGULAR [ ] PUBLIC BEARXNG [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Utilities Department William R. Blazak SUBJECT: Request permission to purchase a Fujitsu 4097DG Scanner and connection equipment at a total cost of $6250.00 and approval of equipment request #EQOl-202 and Budget Amendment #BA01-101. FUNDS AVAIL.:Funds will be made available in 441-1300-564000-100 PREVIOUS ACTION: see attached RECOMMENDATION: Staff recommends approval to purchase a Fujitsu 4097DG Scanner and connection equipment at a total cost of $6250.00 and approval of equipment request #EQOl-202 and Budget Amendment #BA01-101. x] APPROVED ] OTHER: DENIED -- COMMISSION ACTION: Coordination/Sianatures County Attorney:X .'/.; /", ~J ! Mgt. & BUdget~'\1lb ~rrb; purchasing: X' cÞ II L.i-11(¡ !I-\,.; II / Originating DePt:x·j\}JJ.,LJ/!,l, ' Other: Other: Finance Director: (Check for 80py only, if applicable)____ \} Eff. 5/96 '-' ...,,; BOARD Of COUNTY COMMISSIONERS UTI LITI ES DEPARTMENT \ WILLIAM ßLAZAK DIP-EOOP- MEMORANDUM SUBJ: BOARD OF COUNTY COMMISSIONERS WILLIAM R. BLAZAK, DIRECTOR tCff¿( OCTOBER 24, 2000 SCANNER FOR USE WITH DOCUMENT IMAGING SYSTEM TO: FROM: DATE: Previous Action: The Board of County Commissioners approved the purchase of the Document Imaging system. Back&round: The Utilities Department participated in the purchase of the Document Imaging equipment and software along with the Landfill and the County Attorney's office. The Utilities Department will have the ability to scan documents relative to Utilities into the system which will include Developer's Agreements, Utility Standards and Specifications, Cross Connection Control Program and many other documents pertinent to the County's Utility Districts. The total cost will be $6250.00 Recommendation: Staff recommends approval to purchase a Fujitsu 4097DG Scanner and connection equipment at a total cost of $6250.00 and approval of equipment request #EQOI-202 and budget amendment #BAO 1-1 0 1. !OHN D ßRUHN, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4· CLIFF ßARNES, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561) 462-1153 , BU.....ET AMENDMENT REQUEST FOfWJ{ REQUESTING DEPARTMENT: OMS/UTILITIES PREPARED DATE: October 13, 2000 AGENDA DATE: October 24, 2000 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 441-1300-564000-100 Machinerv & EauiDment $6,250 FROM: 441-9910-599300-800 Reserves $6,250 J REASON FOR BUDGET AMENDMENT: Move monev into DrODer account for new Scanner for the Utilities Dept. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: .. BUDGET AMENDMENT #: 01-101 DOCUMENT # & INPUT BY: m '-" ~ o::J m c c £) c D <: m c en c c Cñ "'0 "'0 :::! Q =ij » s: ." m s: Õ :::0 Õ -t Z -t m m s: z » » z -t -t s: -t m Õ z :::0 0 :-:I m z c D .. z ~ :-:I 111 o 5" :-I ~ C/) c: c: 0 :):0=:3" .0) ~ :j :j c CD ë: CD N r- r- .... C11 ~ - :3 I "" Q.. 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()Ò' ~ ~ ~ -m -b. ::tI .... o "" .....~ C/) C/) C/) I 5 c:: .... w c CD ~ I C o ;:;: I ::!"'< C11 0) o' -b. ::J ëi3 c -oQ)' c c ~ ëD I So. .... c c Q3 Q.. 3 g , I:» c:: ::J 3 Q..CD ::J §Ci) '" ., \ --- '-' AGENDA REQUEST 'If1t¡¡ ITEM NO. c- 8a DATE: October 24,2000 REGULAR [] PUBLIC HEARING [ J CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Resolution #00-250 to establish budget for the Federal Aviation Administration (FAA) Grant for Construction of Taxiway A-3 and Rehabilitation of Airfield Signs. BACKGROUND: N/A FUNDS WILL BE AVAILABLE: 140121-4220-331411-46012 and 46002 FAA Taxiway A-3, Airfield Signs Grant PREVIOUS ACTION: On 9/29/00 St. Lucie County BOCC held a special meeting to approve a grant from FAA in the amount of $1,084,579 to Construct, Mark and Light Taxiway A-3 (Phase 1) and Rehabilitate Airfield Signs. This grant represents 90% of the cost of the project. The remaining expenses will be covered by state grants (5%) and County share (5%). RECOMMENDATION: Staff recommends that the St. Lucie BOCC approve Budget Resolution #00-250 to appropriate and expend the funds from the FAA Taxiway A-3, Airfield Signs Grant. COMMISSION ACTION: CONCURRENCE: ¿de,;;',.. - County Administrator [X] APPROVED [ ] OTHER: [ ] DENIED County Attorney: XX û -.u ~ Management & Budget: XX Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX G:\BUDGE1ì WPIAG ENDA'S\AgendaO 1 \1 O'27F A.>\_ Grant. wpd '-' "-' ... RESOLUTION NO. 00-250 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Federal Aviation Administration (FAA) in form of a grant for Construction of Taxiway A-3 and Rehabilitation of Airfield Sign in the amount of $1 ,084,579. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 24th day of October, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is hereby amended as follows: REVENUES 140121-4220-331411-46012 140121-4220-331411-46002 Federal Aviation Administration Federal Aviation Adninistration $651,773 $432,806 APPROPRIATIONS 140121-4220-563000-46012 140121-4220-563000-46002 Improvements OfT Buildings Improvements OfT Buildings $651,773 $432,806 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF OCTOBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: . '''',. COUNTY ATTORNEY G:'IBUDGETI WPIAGENDA'S\AgendaO 1 \ I 0'2 7 FAA _Grant. "{pd \...i ...,.¡ ~ GRANT AGREEMENT U. S. Department of Transportation Federal Aviation Administration Date of Offer: September 18, 2000 Project Number: Contract Number: Recipient: Airport: 3·12.·002.3-2.000 DTFA o6·00·A·8o 155 St. Lucie County íl5r: J"rl ~;'~n" ,\ ":~:r;:y (Herein called "Sponsor") St. Lucie County International Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR MJD ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety percent (900/.1 of the allowable costs incurred in accomplishing the project consisting of the following: "CONSTRUCT, MARK, AND LIGHT T AXIWA Y A·3 (PHASE 1 ); REHABILITATE AIRFIELD SIGNAGE" as more particularly described in the Project Application dated September 14, 2.000. The maximum obligation of the United States payable under this Offer shall be $1,084,579 for airport development. This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided Title 49 U.S.C., tonstituting the contractual obligations and rights of the United States and the Sponsor. \ ~ / Cjj¡¡ UNITED STATES OF AMERICA !/~ FEDERAL AVIATION ADMINISTRATION Manager, Airpor ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and Conditions of Accep ting Airport Improvement Program Grants' dated September 1, 1999. Executed this _ day of (Seal) ,2.0 Name 0 f Sponsor Signature of Sponsor's Designated Official Representative Attest Title Title CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting-as Attorney .for the Sponsor do hereby certify: ",,,. That in my opinion the Sponsor is empowered to enter into the foregoing Grant 'Agreement under the laws of the State of Florida. Further, I han examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representatin has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State end Title 49 U.S.C. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Acreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. '-" STAFF RE~RT from St. Lucie County International Airport Date: Subject: Board of County Commissioners Paul A Phillips, Airport Director September 28, 2000 Taxiway A-3, Airfield Signage To: From: On September 13, 2000, the construction bids for the rehabilitate airfield signage project, and the taxiway A-3 project were opened. The following table depicts the funds associated with these projects. As depicted in the table, the grant offer provided by the Federal Aviation Admirùstration (F AA) provides the 90% federal share and allows the Airport to complete the two projects. Rehibilitate Costs Federal Share State Share Local Share Airfield Signage 90% 5% 5% Design $84,300.00 $75,870.00 $4,215.00 $4,215.00 Base Construction $515,674.76 $464,107.28 $25)83.74 $25,783.74 Alternate $110,280.00 $99,252.00 $5,514.00 $5,514.00 Pilot Control $23,500.00 $0.00 $18,800.00 $4,700.00 Lighting (1) TOTAL $733,754.76 $639,229.28 $54,312.74 $40,212.74 \- Construct Costs Federal Share State Share Local Share Taxiway A-3 90% 5% 5% Design $79,700.00 $71,730.00 $3,985.00 $3,985.00 Construction $40 1,195.13 $361,075.62 $20,0~9.76 $20,059.76 TOTAL $480,895.13 $432,805.62 $24,044.76 $24,044.76 As a result, staff recommends that the Board approve the grant offer of$I,084,579 from the Federal Aviation Administration (FAA) as the federal share for the construct, mark, and light taxiway A-3 (phase I) project, and the rehabilitate airfield signage project at St. Lucie County International Airport.- -........ (1) The Pilot Controlled Lighting system was also bid as part of the rehabilitate airfield signage project. This project has 80% funding ITom FDOT, however it is not FAA grant eligible. Therefore the project reflects $0 federal funds. , . " ~. .....,¡ ~ U.S. Department of Transportation Federal Aviation Administration ORLANDO AIRPORTS DISTRICT OFFICE 5950 Hazeltine National Dr., Suite 400 Orlando, Florida 32822-5024 Phone: (407) 812-6331 Fax: (407) 812-6978 RECEIVED September 18, 2000 . ~. . . ~-..i Mr. Paul A. Phillips Airport Director St. Lucie County International Airport 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 AlRFO.::¡¡ Sï: LUCIE COUNTY; FLOF1IDA Dear Mr. Phillips: RE: St. Lucie County International Airport; Ft. Pierce, Florida AlP No. 3-12-0023-2000 Grant Offer We are enclosing the original and two copies of a Grant Offer for AlP Project No. 3-12-0023- 2000 for St.Lucie County International Airport, in response to your Application for Federal Assistance dated September 14, 2000. Your acceptance of this Offer will constitute a Grant Agreement by which the government will participate in the allowable costs of the project amounting to $1,084,579 (Federal share). Once the authorized official has executed the Agreement and the official's signature has been notarized, the attorney for the St. Lucie County Port and Airport Authority must certify that the Sponsor's acceptance complies with local and state law and constitutes a legal and binding obligation on the part of the Sponsor. Please note that the Agreement is not legal unless the attorney signs it AFTER the Sponsor. If the terms of this Offer are satisfactory, please execute the document as soon as possible, but not later than September 29, 2000. To assist us in administrative reporting requirements you are requested to notify this office by faxing the signature page of the grant or by telephoning us immediately upon executing the grant. The original and one copy of the grant needs to be returned to this office. The remaining copy is for your file. ;;7V~~ W. Dean Stringer Manager 3 Enclosures ..~. cc: M. Thys, FDOT/4 PARTNERS IN CREATING TOMORROW'S AIRPORTS » ~ .., , ,-,AGENDA REQUEST ....,J ITEM NO. C- 8b DATE: October 24, 2000 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Request to advertise for a public hearing to accept Local Law Enforcement Block Grant 2000 and Budget Resolution No. 00-251 to increase the Fine and Forfeiture Fund. BACKGROUND: Sheriffs Office applied for and was awarded $68,016 for the Local Law Enforcement Block Grant. Granting agency requires a public hearing to be held regarding the proposed use of grant funds. FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the St. Lucie Board of County Commissioners approve request to advertise a public hearing for the acceptance of the LLEBG Grant and Budget Resolution No. 00-251 to increase the Fine and Forfeiture Fund by $68,016. COMMISSION ACTION: NCE: [x] APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator Originating Dept: XX Coord i na tion/S iq n atu res Management & Budget: ~ Purchasing: · Public Works: Other: Û '<f County Attorney: XX .1/ Finance: (Check for Copy only, if applicable) XX - ...... G:\BUDGE1ì WP\AG ENDA'S\AgendaO 1 \ 1 O'24LLBG _Grant. wpd .....' . ì '-' ....,.¡ NOTICE OF PUBLIC HEARING TO BE HELD ON NOVEMBER 8, 2000 7:00 PM ST. LUCIE COUNTY ROGER E. POITRAS ADMINISTRATIVE ANNEX BUILDING COMMISSION CHAMBERS 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA FOR THE S1. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO CONSIDER AMENDING FISCAL YEAR 2000-2001 BUDGET BY BUDGET RESOLUTION NO. 00-251 THE S1. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS IS HOLDING A PUBLIC HEARING TO INCREASE CERTAIN BUDGETARY FUNDS AS FOLLOWS: INCREASE FINE AND FORFEITURE FUND BY APPROPRIATING $68,016 FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT TO BE USED FOR PURCHASE OF COMPUTER MINI FRAME TO SUPPORT THE RECORDS SYSTEM. THE TOTAL BUDGETARY FUND WILL INCREASE FROM $45,455,426 TO $45,523,442. TO BE PUBLISHED ON: SATURDAY, NOVEMBER 4,2000 ""\'" G:\BUDGE'nWP\AGENDA'SlAgendaO 1 \ 1 O'24LLBG_ Grant wpd \ '-' Q ~ ~~/ í( d0 J'l /i THE RESOLUTION WILL INCREASE '..... d'ì /Vh THE FINE AND FORFEITURE FUND C/O RESOLUTION NO. 00-251 .- ", WHEREAS, the Board of County Commissioners of St. Lucie County (Board) has made the following determination: 1. The terms of the U.S. Department of Justice Local Law Enforcement Block Grant award document require a public hearing to be held prior to the acceptance of the grant funds, and 2. On November 4th, 2000, legal notice of public hearing was published in The Fort Pierce pursuant to Chapter 129.06, Section (2) (f), Florida Statues for the purpose of setting the time, date, place of the public hearing and 3. On November 8th, 2000, a public hearing was held to accept comments concerning the proposed amendment to the Budget for the Board for Fiscal Year 2000-2001, and 4. The resolution will increase the Fine and Forfeiture Fund. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The following budgetary fund is hereby increased for the Fiscal Year 2000-2001: REVENUES 107120-2110-331210-200 Dept. of Justice $68,016 APPROPRIATIONS 107120-2110-591900-200 Transfer to Sheriff $68,016 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner Doug Coward PASSED AND DULY ADOPTED THIS 8TH DAY OF NOVEMBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTN ESS AND FORM: COUNTY ATTORNEY G:\BUDGE1ì WP\AGENDA'S\AgendaO 1\ 11 '8LLBG _Grant. wpd I . ....... AGENDA REQUEST """ ITEM NO. C- Bc DATE: October 24,2000 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] aennn~Œ~ .~\fIU ~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: OMB PRESENTED BY: Marie M. Gouin Resolution #00-252 to establish budget for the Federal Highway Administration (FHWA) Grant for the Transportation for the 21st Century Project in the amount of $117,000. On 9/19/00 Florida Department of Transportation (pass-through agency for the program funding) signed a grant contract with the St. Lucie Metropolitan Planning Organization to create a New Age Team of Transportation Planners by educating the public through teenage produced transportation news shows and web pages. No cash match is required from the St. Lucie County BOCC for this grant. FUNDS WILL BE AVAILABLE: 001139-1510-331130-100 FHWA Transportation for the 21 sl Century Grant PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the St. Lucie BOCC approve Budget Resolution #00-252 to appropriate and expend the funds from the FHWA Transportation for the 21St Century Program. COMMISSION ACTION: [X APPROVED [] DENIED [ ] OTHER: /ì '.,/'" County Attorney: XX \'1-<;' Originating Dept: XX ,--r- g ~dersorí' ~ County Administrator Purchasing: Management & Budget: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGE1ì WPIAGENDA'SIAgendaO 1 I I O'27FH..\_ Grant, "'I'd '-'" RESOLUTION NO. 00-252 ...., WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Federal Highway Administration in form of a grant for the Transportation for the 21 sl Century Program in the amount of $117,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 24th day of October, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is hereby amended as follows: REVENUES 0011 39-1510-331130-100 Federal Highway Administration $117,000 APPROPRIATIONS 001139-1510-564000-100 0011 39-1510-568000-100 001139-1510-551501-100 001139-1510-551200-100 001139-1510-599330-100 Machinery & Equipment Software Office Supplies-Computer Equipment Under $750 Project Reserve $13,000 $17,000 $2,000 $1,000 $84,000 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF OCTOBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTN ESS AND FORM: ". G:\BUDGET\ WP\AGENDA'S\AgendaO 1 \ 1 O'Z-IFH.^,,_ Grant. wpd ~ F.A. ÑrlN/A FM No. 408679/1/14/01 Fund Code: TCSIJtI~~ Contract No: / tIn Vendor No: VF 596000835-011 STATE OF FLORIDA DEPARTMENT OF TRAi'jSPORTATION AND ST. LUCIE METROPOLITAN PLANNING ORGANIZATION JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, made and entered into this / ~ day of , 20 o-ð, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPO ATI N, hereinafter referred to as the DEPARTMENT, and ST LUCIE METROPOLITAN PLANNING ORGANIZATION, located at 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as the MPO. WITNESSETH WHEREAS, the MPO has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction, including the implementation of an integrated and balanced transportation system and is authorized under Section 339.175, Florida Statutes, to enter into this Agreement; and, WHEREAS, the MPO, by resolution /ßf).-'tJJ , a copy of which is attached hereto and made a part of, is authorized to enter into this agreement, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to the following: 1. The above recitals are true and correct and are deemed incorporated herein. 2. The purpose of this agreement is to create a New Age Team of Transportation Planners by educating the public through teenage produced transportation news shows and web pages. Students, transportation planners, residents and businesses shall team together to develop interactive transportation news web pages for St. Lucie MPO citizens (FM# 408679/1/14/01). The interactive web pages will be designed to encourage the public's· input of all ages, identify their needs and suggestions, and to create a functioning, sustainable transportation system. The Scope of Services for the development of the educational web page, which includes a background and objectives for the study, detailed descriptions of each project task, and identified fünding sources are provided as Attachment 1 to this agreement. 3. The TOTAL ESTh\1ATED COST OF THE PROJECf IS ONE MILLION TWO HUNDRED FlFfY SEVEN THOUSAND NINE HUNDRED DOLlARS ($1,257,900.00). The DEPARTMENT shall provide the MPO a Maximum Participation. Amount of ONE HUNDRED SEVENTEEN THOUSAND DOLlARS ($117 ,000.00) for~be services herein described and detailed in this Agreement. All costs in excess ofthe DEPARTMENT's participation shall be the responsibility of the MPO. 1 of 5 ~ ....., 4. The DEPARTMENT shall provide progress payments to the MPO for related costs based on the services associated with the PROJECT, as outlined in Attachment 1, that have been completed and accepted by the DEPARTMENT. The MPO shall submit a Progress Report at the completion of each of the eight (8) phases, which will include a copy of the deliverables outlined for each phase and attached to a properly documented invoice. Partial phase payments may be made if all deliverables listed under each phase have not been completed. The DEPARTMENT'S TOTAL PROJECT PARTICIPATION provided for work performed under this Agreement shall not exceed ONE HUNDRED SEVENTEEN THOUSAND DOLLARS ($117,000.00) and shall be released upon phase completion in accordance with Attachment 1 of this Agreement. Reimbursements shall be made in accordance with Section 215.422, Florida Statutes. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Bills for travel expenses are not authorized in this Agreement. 5. Agencies providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 6. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the MPO. Interest penalties of less than one (1) dollar will not be enforced unless the MPO requests payment. Invoices which have to be returned to the MPO because of MPO preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 7. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for agencies/vendors who may be experiencing problems in obtaining timely payments from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline at 1-800-848-3792. 8. Should the DEPARTMENT and the MPO decide to proceed with subsequent phases of the project, this Agreement shall be amended to identify the respective respomijbilities....and the fmancial arrangements between the parties. 9. This Agreement shall continue in effect and be binding to both the MPO and the DEPARTMENT until the project is completed. .."".. 2 of 5 10. The MPO warrants~t it has not employed or obtained any com~y or person, other than bona fide employees of the MPO to solicit or secure this Agreement and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the MPO. For breach or violation of this provision, the Department shall have the right to terminate the Agreement without liability. 11. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 12. This document incorporates and includes all prior negotiations, correspondence, agreements, or understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after the final payment is made. Copies of theses documents and records shall be furnished to the Department upon request. Records of costs incurred includes the MPO's general accounting records and the project records, together with supporting documents and records, of the MPO and any subconsultants performing work on the project, and all other records of the MPO and/or subconsultants considered necessary by the DEPARTMENT for a proper audit of costs. 14. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to 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 perform 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 the threshold amount provided in Section 2137.017 for CATEGORY 1WO for a period of 36 months from the date of being placed on the convicted vendor list. 15. Section 339. 135(6)(a), Florida Statutes (1993), is incorporated herein verbatim, to-wit; "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by the terms, involves the expenditure of money in excess of the âm~unts -budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other.. binding commitment of funds. Nothi~g herein contained shall prevent the making of contracts fo~periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years"; The parties agree that in the event funds are not appropriated to the 3 of 5 '-' ....., Department for the Project, this Agreement may be terminated, which shall be effective upon either party giving notice to the other to that effect. 16. The Department's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 17. To the extent allowed by the Laws of Florida, the MPO hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of, or due to any intentional and/or negligent act or occurrence, omission, or commission of the MPO, its agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT FOR its own negligence. 18. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumœred by the MPO under any circumstances without the prior written consent of the Department. However, this Agreement shall run to the DEPARTMENT and its successors. 19. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attention: Josephine Softy, Contractual Service Coordinator With a copy to: Larry Hymowitz, FOOT Project Manager A second copy to: District General Counsel If to the ST LUCIE METROPOLITAN PLANNING COUNCIL: St. Lucie Metropolitan Planning Council 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Cheri Fitzgerald, MPO Supervisor With a copy to: MPO Attorney **. ''0(>'" 4 of 5 IN WITNESS WHEREOF, the ST~CIE METRPOLITAN PLANNING OR~IZATION has caused this Joint Participation Agreement to be executed in its behalf this_ Day of 2000_, by the Chairperson, authoriz to enter into and execute same by Resolution No, ~ ~4Š, and the DEPARTMENT has executed this Agreem n r its District Secretary for District Four Florida Department of Transportation, this-4 Day of 2000. The effective date of this Agreement shall be the date the last party to this Agreement has Ign . ST LUCIE METROPOLITAN PlANNING ORGANIZATION STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: '--1Y\~~~~ Chairpersbn - Q \Rick hesser, P. istri t Four Secretary /'~~ (\f: f...:) / \.... - . ..~()^ /' c..:<" '{'......---.... N. -.; r-- " .~/- /:::.::::~".--.-.,- '-«7 \ ~/2(-;':;~~'.r.;::-;\ \." \ tll ......:.....,.~.. t ~ .ø:7 .' E ~ \ ~W;f{; '\; P} -At" "-, . ....:....,.:...':-..........-...~... . - . BY: ATTEST: ~..I..~~ SEAL . MPO Clerk APPROVED: APPROVED: (as to form) BY: ~~ cr MPO Attorney BY: ¿þl¿P/Á}:~6- '--"""'"" / District Director of Administration DATE OF EXECUTION: /~;:~ . .~.. 5 of 5 A-J G. . :; 8· Q 0 0.9 ~ 3 1 a Phase 1 St. Lucie Ccunt';: Florida 4521581 p.é: ~ '-' ATTACHMENT 1 Timeline for Teenager, Transportation Planners and Residents Team Together to Tackle the Transportation Plan Project A Two-Year Project funded by Federal Highway Administration's Tr2ns~n;t:J.tion anù Community and System Preservation Pilot Program Deliverable Project Steps September 2000 to J~DU3T]' 2001 lntroduction vid¿r; C'::T'¡:::œd on transportation survey Attend School Bo. ;'.. s Tv'.'1n Meeting to introduce project Hire intems and provid~ t.i1.~m with background inforiTI:!.tion Develop survey and pass School Board and County approval process Students with tcacher assisunce distribute survey, compile and analyze Survey Data Order s:Jftware a..'1d hardware for County to link wit.\¡ s~hool Gather infonnat1or. DX web ¡;a3~ and curriculum Work on G,ound Hcg Day Video script to highlighl Ci!..";::ërs associated with transpor"últion planning Form Student Action Committ~e - Youth Ambassadocs and others SLC MPO, Interns and Student Action Committee begin working on Transit Plan UP TO $14,625.00 Video 1 2 February to Apri12001 Ground Hog Day Video filmed Video 2 Seniors and Juniors participating 011 the Student Action Committee choose Miltenium Capstone Proje::ts associated with transportation (transit, greenways, trails) Initial web pzges witl be up and accessible to the public Curriculum is ready to be implemented for the Travel &. Tourism Academy Begin planning for Student Leadership Conference featuring transportation issues Continue working on Transit Development Plan Begin planning two Earth Day Videos UP TO $14,625.00 3 April to May 2001 Earthday Video featuring Student Leadership Conference showing how student committees can work together (explains parliamentary procedures) Video 3 Student Leadership Conference held to fonnulate: transportation solutions Video on. how a community can be surveyed and how data can be used in. the transportation planning process Viùeo 4 Draft booklet _ Surveying Your Community's Future Transportation Goals Draft _ Simple Steps to C~ating a New Age Transportation Web Page . Draft _ Transit Development Plan for St. Lucie Coun.ty tiP '!O $14,-62'5.00 4 May to August2001 Transit Development Plan completed July 200 I Review and ass:ss first three pha.sc:s and plan for next school year Review web page and survey responses to determine if survey methodology ceeds to be approved to capture responses of a missed cohort .of the population Provide transportation. curriculum to additional.aq.demies I classes Survey and Web Page Booklets completed Booklets 1&2 UP TO $14,625.00 loF=2. u(';: 2~ UO U~:::¡la . . St-. LUCle Count:;j r-l.ur-~uc -rOLJ......JC..I. ¡- .. v '-' '-' 5 Augus1 to Octobu 2001 Second ye~ of sllrveys distributed and analyzed by students, teachers and plan..'lers Begin wor~ing on presentation for Railvolution Conference in October Tra!1sit video plaaning b~gin;¡ wi~h s-rudO:::1ts d~t:rmining how to travel to south Florida to view and film nrious transit solutions Transit and Trail ~eld trips to south Florida and Central Florida. Transit video complete and improvements to transit web page Video 5 Begin planning Greemvays & Tr3.ils video Railvobtion C0:1f~r~:1:::e Pïesentation by students and transportation p!artner UP TO $14,625.00 6 October to Jánuary 2002 Greenways & Trails video complete Video 6 Greenways & Trails web page î;nproved and updated Planning for Ground Hog Day video on stormwater and air pollution careers I issues assÇ)ciated with transportation UP TO $14,625.00 7 February to April 2002 _ Ground Hog Day Video produced and aired Video 7 Planning for this year's Leadership Conference focusing on the completion. ofSt. Luci~ County's Alternative Transportation Plan Draft data and background sections of Alternative Transportation Plan Planning for final video summarizing the entire precess Draft bookl::t - A Teenagers Guide to Developing Exciting Transportation News Shows UP TO $14,625.00 8 April to September 2002 Leadershi¡:> Conference completed with final recommendation for Alternative Transportation Plan - scheduled around Earth Day Alternative Transportation Plan completed Final Plan Final Plan pæsented by stud:::nts to !v1P0 and City and County Commissioners Final video completed summarizing the projeçt . Video 8 Booklets completed and associated web page - A Teenagers Guide to Developing Exciting Transportation News Shows Booklet 3 UP TO $14,625.00 - TOTAL CONTRIBUTION OF $117,000.00 - .",.- 2 of- 2 '-" '-" RESOLUTION OF THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION RESOLUTION NO. 00-05 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA (USDOT), FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, this body is the designated Metropolitan Planning Organization for urban transportation planning for St. Lucie County, Florida; and WHEREAS, the USDOT Joint Planning Regulations and State statutes require the annual preparation of a Unified Planning Work Program (UPWP) for urban transportation planning as a prerequisite for certification of the transportation planning process and as a condition of Federal Financial Assistance; and WHEREAS, the MPO has prepared a UPWP and has submitted same to the FDOT as a basis for planning assistance grants; and WHEREAS, the Secretary of Transportation is authorized to make grants for transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Administration Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise (disadvantaged business enterprise and women business enterprises) be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services; and NOW, THEREFORE, BE IT RESOLVED by the St. Lucie Metropolitan Planning Organization (MPO), in and for the St. Lucie County Urbanized Area: Section 1: That the MPO Chair is authorized to enter into a State of Florida Department of Transportation Joint Participation Agreement (FM No. 408679/1/14/01) on behalf of the St. Lucie Metropolitan Planning Organization, to aid in the financing ofa Transportation and Community and System Preservation Pilot Program project as outlined in the St. Lucie MPO Unified Planning Work Program. Section 2: That the MPO hereby approves the above referenced Joint Participation Agreement'with the State of Florida Department of Transportation and authorizes the MPO Chair to execute the Agreement. Page 10f2 "'''''' · . '-" '-' Section 3: That the MPa hereby authorizes the MPa chair to sign any and all assurances, certifications, and other documents which may be required in connection with the Agreement. Section 4: That the MPa hereby authorizes the MPa Supervisor to sign any and all reimbursement invoices which may be required in connection with the Joint Participation Agreement. Section 5: That the MPa resolves to set forth and execute minority business enterprise (disadvantaged enterprise business and women enterprise) policies and procedures in connection with the projects procurement needs. Section 6: That the MPa Chair is authorized to execute the necessary Joint Participation Agreements on behalf of the-- St. Lucie MPa with the Florida Department of Transportation to fund portions of the St. Lucie MPa Unified Planning Work Program. This Resolution dated and adopted the 7th day of September. 2000. By: Attest: ~j.~ Witness Approved as to Legal Form and Correctness: ~ bA Assistant Coon Attorney Page 2 of2 "'"-- ;if' - \ . " - W' AGENDA REQUEST ITEM NO. C- ad ""-' DATE: October 24,2000 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS WILL BE AVAILABLE: OMB PRESENTED BY: Marie M. Gouin Resolution #00-253 to establish budget for the Manatee Protection Plan Phase II Grant, awarded by the Florida Fish and Wildlife Conservation Commission in the amount of $47,000. N/A 001262-72101-334910-700 Manatee Protection II Grant PREVIOUS ACTION: On 9/26/00 St. Lucie County SOCC accepted the Manatee Protection Plan II Grant and authorized the Chairman to sign the contract. RECOMMENDATION: Staff recommends that the St. Lucie SOCC approve Budget Resolution #00-253 0 appropriate and expend the funds from the Manatee Protection Plan II Grant. COMMISSION ACTION: CONCURRENCE: [x1 APPROVED [] DENIED [ ] OTHER: '1 (/') County Attomey: XX ,j<t Originating Dept: !9< Æ~ ~DciJJ'g Anderson County Administrator- Coord i natio n/S iq natu res Management & Budget: ~ Purchasing: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGE1\ WP\AGENDA'SlAgendaO I \ I O'27",lanateeIl_ Grant. wpd '-' ...." l RESOLUTION NO. 00-253 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Fish and Wildlife Conservation Commission in form of a grant for the Manatee Protection Plan II in the amount of $47,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 24th day of October, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is hereby amended as follows: REVENUES 001262-72101-334910-700 Other State Grants $47,000 APPROPRIATIONS 001262 -721 01-534000-700 Other Contractual Services $47,000 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED THIS 24TH DAY OF OCTOBER 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY - .... G:\BUDGE1\ WP\AGENDA'S\AgendaO 1 \ 1 O'ZD.lanateeI[ _Grant. wpd I. '-' ~ FWC CONTRACT No. CONTRACT THIS AGREEMENT is entered into by and be~Neen the FLORIDA FISH AND WILDLIFE CONSERVA Tl0N COMMISSION (hereinafter referred to as the "Commission") and the ST. LUCIE BOARD OF COUNTY COMMISSIONERS, a govemmental entity, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982-5652 (hereinafter referred to as the "County"), to provide a Manatee Protection Plan. In consideration of the mutual benefits to be derived herefrom, the Commission and County do hereby agree as follows: 1, The Commission does hereby retain the County to provide the boating facility siting plan as defined herein, and the County does hereby agree to perform such ser¡ices upon the terms and conditions set forth in this Contract and all exhibits and attachments named herein which are attached hereto and incorporated herein by reference. 2. The County shall not subcontract, assign, or transfer any work under this Contract without the prior written consent of the Commission's Contract Manager. The County agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Commission and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the County that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the County shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. " 3. The County shall perform the services in a proper and satisfactory manner as determined by adherence to the terms and conditions stated herein as determined by the Commission. Any and all sLich equipment, products or materials necessary to perform these services or requirements as further stated herein, shall be supplied by the County. 4. The County shall perform as an independent contractor and not as an agent, representative, or employee of the Commission. 5. As consideration for the services rendered by the County under the terms of this Contract, the Commission shall pay the'County as specified in Attachment A. All bills for amounts due under this Contract shall be submitted in sufficient detail for a proper pre-audit and post-audit thereof. 6. This Contract shall begin upon execution by both parties and end June 15, 2001 inclusive. In accordance with Section 287.058(2), Florida Statutes, the County shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 8. Pursuant to Florida Statutes, the Commission's contract manager shall have (15) days, unless otherwise specified herein, to inspect and approve the services for payment; the Commission must submit a request for payment to the Florida Department of Banking and Finance within 20 days; and the Department of Banking and Finance is given 15 days to issue a warrant. Days are calculated from tlJ.e I~tter çtat!; the invoice is received or services received, inspected, and approved. Invoice payment requirements do not startuntil..a proper and correct invoice has been received. Invoices which have to be returned to a County for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Department of Banking and Finance who may be contacted if the Coun~1 is experiencing problems in obtaining payment(s) from a State of Florida agency, The Veedor Ombu,dsman may be contacted at 850/488- 2924 or 1-800-848-3792. :...,.: ' 9. In accordance with Section 215.422, Florida Statutes, the Commission shall pay the County, in addition to the amount of the invoice, interest at a rate established pursuant to s. 55.03(1), calculated on a 1 I. daily, basis on the unpaid bala~, if a warrant in payment of an invoice is n~sued within forty (40) days after receIpt of a correct invoice and receipt, inspection, and approval of the goods or services. Interest payments of less than $1 will not be enforced unless a County requests payment. , 10... This Contract may be canceled by either party, with or without cause, by giving thirty (30) days' wntten notIce to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of cancellation, only amounts accrued to the date of cancellation shall be due and payable. 11. Any and all notices shall be delivered to the parties at the following addresses: Contractor! County St. Lucie County Board of County Commissioners Attn.: Julia Shewchuk 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Commission Office of Environmental Services Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 12. Pursuant to Section 21 ô.2815, Florida Statutes, all records in conjunction with this Contract shall be public records and shall be treated in the same manner as other public records are under general law. This Contract may be unilaterally canceled by the Commission for refusal by the County 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 County in conjunction with this Contract. 13. This Contract may be terminated by the Commission at any time for failure of the County to perform in accordance with the terrns and conditions contained herein. 14. Mary R. Morris, Environmental Specialist III, or successor, is hereby designated as the Commission's contract manager for the purpose of this Contract and shall be responsible for enforcing performance of the Contract terms and conditions and shall serve as liaison with the County and approve all invoices prior to payment. The Commission's Contract Manager can be contacted at (850)922-4330. Julia Shewchuk, Community Development Director, St. Lucie County Board of County Commissioners, or successor, is hereby designated as the County's contract manager ror the purposes of this Agreement and shall be responsible for enforcing performance of the Agreement terms and conditions and shall serve as liaison with the Commission. The County's Contract Manager can be contacted at (561 )462-2822. .;oJ 15. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract Any action hereon or in connection herewith shall be brought in Leon County, Florida. 16. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 17. The County recognizes that the State of Florida, by virtue of its sovereigJ"lty! is ng! re.:guired to pay any taxes on the services or goods purchased under the terms of this Contract 18. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. .~ 19. No person, on the grounds of race, creed, c,o,lo[, nationa¡'origin, age, sex, or handicap, shall be excluded from participation in; be denied the proceed~^òr benefits of; or be otherwise subjected to discrimination in performance of this Contract 2 " 20. This Contract is ~xclusive contract for services and may noWe assigned in whole or in part without the written approval of the Commission. 21. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract. 22. Effective July 1, 2000, the Florida Single Audit Act reqcires ail non-State organizations who are recipients of State financial assistance to comply with the audit recuirements of the Act, pursuant to Section 216.3491, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMS Circular A-133. Therefore, the Contractor shall be required to comply with the audit requirements outlined in Attachment A, titled "Requirements of the Federal and Florida Single Audit Acts," attac~ed hereto and made a part of the Contract, as applicable. In accordance with Section 216.347, Florida Statutes, the County is hereby prohibited from using funds provided by this Contract for the purpose of lobbying the Legislature, the judicial branch or a state agency. Prohibition of Discriminatory Vendors In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to pro'fide 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 perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. As consideration of this Agreement, the parties hereby waive trial by jUry in any action or proceeding brought by any party against any other party pertaining to any matteí whatsoever arising out of or in any way connected with this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLA-NK .' - - ~ I\""'~'f 3 IN WITNESS WHER~, tile parties have caused this Contract to ~ulY executed, tile day and year first above written. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: (Chairman's Signature) A!lan L. Egbert, Executive Director Date Signed: Date Signed: Attest: Deputy Clerk St. Lucie County Board of County Commissioners Approved as to form and legality: Approved as to form and legality: County Attorney P'NC Attorney (Address) (City, State and Zip Code) .' - FEID No. Remittance Address: .. . - ... Attachment/Exhibits included in tIlis Contract: Exhibit 1 Attachment A Scope of Work Requirements of the Federal and Florida Single Audit Acts :~ . !''','' 4: '-'" -....I EXHIBIT -1 SCOPE OF WORK FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS: None. SUBJECT TO SECTION 216.3491, FLORIDA STATUTES: Agency: Program: CSFA: Recipient: Amount: Florida Fish and Wildlife Conservation Commission Manatee Protection Plan Grants 77003 St. Lucie County $47,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 216.3491 (5)(a), Florida Statutes, require that the information about Federal and State projects included in Exhibit 1 be provided to the recipient. Work and Payment Schedule ;..I First Report Summarizing Task 1 & 3 Second Report Summarizing Task 2, 4, & 5 Draft Final Report including Task 6 Final Report Due February 1, 2001 Due April 1 , 2001 Due May 1, 2001 Due June 1, 2001 $15,000 $10,000 $10,000 $12,000 ....... " ---- .,......y 50f6 PROJECT NAME: t James Drive ~' < ~1 APPLICATI,m\.,/R 1'Õ AND FINAL PAYMENT ENGINEER I S PROJECT NO.: PO#P98J.2877 öWNER: CONTRACTOR: Dickerson Florida Inc APPLICATION AMOUNT: $160525.52 CONTRACT DATE: APPLICATION DATE: INITIAL CONTRACT AMT. BASED ON EST. QUANTITIES $ FOR PERIOD ENDINGS/25/00 TABULATION OF AMOUNT DUE THIS APPLIC.ATION ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of completed work") AS APPLIED FOR BY CONTRACTOR CHANGE ORDER NO. ~@.l..O.!L.-% CHANGE ORDER NO. ~@.laL-% CHANGE ORDER NO. '..1--@~\ CHANGE ORDER NO. ~@.laL-\ 9 PAYMENTS: COMPLETE COMPLETE COMPLETE COMPLETE ( t) ( +) (t) (t) $ 377401.21 $ 119277.87 $ 12000.00 $ 52705.35 $ $ $ 3451544.36 3165605.45 285938.91 AS APPROVED BY ENGINEER 9,..3 $:;1 .~90, \ -::,~ $ -:¡,.", "\C\ ...\ $ \\'"1,::2.']'1 \."1 $ 1-:1.,000 ~C> $ to;¡". 'c~ ~ 3,9'''\ '1 SQ ~ $ 3.£i "1'1, "\9 b Ci $ "·-.:L"1~I"'b'I $ 11.."\ \A<t ~ $ ''.2"OOC 03 $ 2890159.93 PREVIOUS U $ #2$ #3 $ i4 $ TOTAL $ TOTAL WORK TO DATE (t) LESS PREVIOUS PAY. (-) SUB-TOTAL LESS FAILED LAB. TESTS (-) AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD $ r (.,~, 6 ':2"1 'J? C.ONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contract to late have been discharged in full, that no suits are pending in connection with the work under the Contract, that the Contractor agrees to the total final price of $ 3451544.35 and final payment of $ 285938.90 as full settlement of his account under the Contract and of all claims in connection therewith. :~NTRA~O*ic~On~joL ~ E Bounds COUNTY OF Martin STATE OF Florida Before me this 15th day of Auqust , ~OOO , personally appeared Rob&t E Bounds , known to me, who being duly sworn, did depose and say that h~ is the Vice President (Office) of the Contractor above mentioned, that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. (!~/Î~~ Notary Public TITLE Vice President My cornrnbsion expires,!.""., I /,;.'!':.I~i;:., Crfsta Monocandilos {.J t/.¡, ':'~ MY COMMISSION I CC82<142 EXPIRES '·.';·,,;;sy';f AprilS, 2003 '<~, ':i/ f....~;'·· ~ONDED TH~ TROY fAIN INSURANCt INC. TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Eng!"eer~ The ~ng!n~er he~eby a~p=ov~s =in~l p~Ym~üt ünd~~ this application in the amount of $ , less liquidated damages assessed by Board, ~CTUAL PAYMENT SUBJECT TO C.ONTRACTOR'S SIGNING ABOVE AFFIDAVIT. ~~~~ . ~t!~~. ST. LUCIE COUNTY ENGINEERING DEPARTMENT DATE: APPROVED BY Contract Time Began: Substantial Completion on: Actual Construction Time: Contract Construction Time: Rainy Days Allowance: Other Overrun Allowances: Net Overrun: Donald B. West, P.E. 'Ray Wazny, r.E. County Engineer Public Works Director Cal. Cal. Cal. Cal. Cal. Days CHECKED BY Days Days PREPARED BY Days st. Lucie County Eng. Depart. Days .~. '-' ...." DIVISION OF ENGINEERING MEMORANDUM 00-306 TO: Dan Mcintyre, County Attorney Don West, County Enginee~~ . September 29,2000 -----------...- n '-' _ I C '"' ,,' n f . ~'~ . :~'l ; 2 ¡ . t"-~'-----_.-.....-..-"~; ~-: SEP 2 9 2wU FROM: - ",. -~~~- --.. -.- -'~..-- -.- --~. '-'__h__,__ DATE: . .~,; ~""'.' . .-. .~-- ,......, 04. -. ~.>: '''; í f· , : :....~) ~\ ~ . --~--- ----~ SUBJECT: St. 25th St Phase II (St James Dr.) - Releases of Lien ~ On 12/16/97 the Board awarded Dickerson Florida, Inc. a contract for the construction of the above referenced project Please approve the attached Releases of Lien. If we can be of any assistance, please call Scott Isberner, Civil Engineer, at extension 1707. Barn Attachments (22) íõì rs ("0 '<; fl f" r: ,-- LS L'.: tc ~¡ ~:! l:~ ; r; : I 0 ¡--' - '---,,----, " , ,I t I,. ¡ n', ~ ('~t";- . .r. ¡ ; :; . 'l ì, , ¡J, t -!l .', j . , I' , . ,-...- l ~ ;-.\ . ; ~ \._, ¡ 1'--' L -_.J cc: Ray Wazny, Public Works Director Scott Is berner, Civil Engineer E ~ f .- , ,. ::- 7"-;-' . 'f- ~ r..... - '~~,,:;' -", ::.. ~--. : . '....~ . --.----.,-..----- '-"-' -- \o{) ~\~q \ cK /' "l1A V PA"1~ \ . "" ,--I \ (/v '-' ...." [õlŒ®Œ~W~fñI !~11 AUG 2 5 ~ I ~ ~___ - ---_J . CHANGE ORDER ST. LUCIE COUNTY - - 1 ,-, ~ -;. -' , c~ ,-' ; '.: S . --_.'..-.-..._-.~- -'--'--'-'~'- PROJECT: (name, address) S. 25TH St. - St. James Dr. Construct Roadway & Drainage Improvements CHANGE ORDER NUMBER: 9 & Final INITIATION DATE: 8/16/00 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A Dickerson Florida, Inc. P 0 Drawer 719 Stuart, FL 34405 ST. LUCIE COUNTY CONTRACT NO: C97-12-289 CONTRACT DATE: 12/16/97 You are directed to make the following changes in this Contract (Additional sheet attached as Exhibit A - YES) SEE ATTACHED EXHIBIT A - AGREEMENT FOR REIMBURSEMENT Dickerson Florida, Inc. returned overpayment to S1. Lucie County Deduct Change Order No. 7 from contract Deduct: on CO#3 Adjust Utility System Valves From: $40,000.00 to $36,052.50 +$12,000.00 ($12,000.00) ($3,947.50) The original (Contract Sum) was ........................................... .'C . . . . . . . . . . . . . .. $2,890,159.93 Net change by previous authorized Change orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $561,384.43 The (Contract Sum) prior to this Change Order was ............................................. $3,451,544.36 The (Contract Sum) will be unchanged by this Change Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($3,947.50) The new (Contract Sum) including this Change Order will be ...................................... $3,447,596.86 The Contract Time will be (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number N/A The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non- affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Approved: Public Works Department S1. Lucie County Department 2300 Virqinia Ave., Fort Pierce, FL 34982 Addr s Ý / 30J~irginia Ave., F1. Pierce, FL 34982 Dickerson Florida, Inc. Contractor By Date PO Drawer 719, Stuart, FL 34405 .~Ci\ , ,I. ( ",J..___ B '?f:i4fOÙ , Dat'e Approved as to Form and Correctness County Attorney '-' ...", COMPLETION CERTIFICATE PROJECT: South 25th Street-St. James Drive Roadwav WideninQ Project (Airoso Boulevard-Midwav Road) DATE: October 24. 2000 ENGINEERS CERTIFICATE: I hereby certify that the above subject project has been constructed in accordance with the approval plans and specifications. ~~~-\N~ -- f Donald B. Westf P .E., County Engineer f MAINTENANCE CERTIFICATE: The undersigned hereby accepts the above subject project for maintenance by St. Lucie County. ~A~ P. M. Bowers Road and Bridge Manager ~ '-" l?xH-IEfT ....,¡ 'I , . A BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DIRECTOR CERTIFIED M.AJL RETURN RECEIPT REQUESTED Roy Wozny, P.L WITHOUT PREJUDICE December 14, 1999 Mr. Larry Dale Project Manager Dickerson Florida, Inc. Post Office Drawer 719 Stuart, FL. 34405 RE: South 25th Street - Change Order #7 - Retention Pond # 3 Dear Mr. Dale: " On March 23, 1999, the Board of County Commissioners of St. Lucie County, Florida, approved Change Order Number 7 to the Contract with your firm to construct roadway and drainage improvements to South 25th Street. A copy of the Change Order is enclosed. Unfortunately, Retention Pond # 3 was not deepened as contemplated in the Change Order. The County has met with representatives of the River Place development to discuss alternatives to resolve this issue. In an effort to avoid litigation, County staff proposes that Dickerson pay the County twelve thousand and 01100 (S12,000) dollars, plus interest at six percent (6%) per annum from March 23, 1999. Please note that this proposal is subject to the approval of the Board of County Commissioners of S1. Lucie County. Please also note that this proposal is a settlement proposal made in. anticipation of litigation and is without prejudice. Please provide me with a response as soon as possible. Sincerely, ?rt tv) RaYr nd L. RL ïsm / cc: St. Lucie County Administrator / Count\' Attornev . . COUJl1Y Engineer \~ \lnHon, Esq. CC)\..i /",r\~J 2 " PAULI" A. LE\;..,'iS. DIsHier No. J . Ffl,.A,Ni..J1f": HU1CHJ'-:S()¡,,' DI~>rrl(T t~i.." " " l...dn1Inl:":,~;~,)r Douglas M. And'2(son n/.,Jì,:~l:S_ Di)~!:c' t 2JOJ Virginia Avenue . Fr. Pierce, FL 34982 Put)!K \)/):l;S (5Ó1) 462-1485 . FAX (561) 462-2J62 'I ì "~I,',' í io' .16? ).]1,'.) . DIvision of ~ood G Oridge (50' ) /162-2'< -').'"',/<), j \;/0',,<' i) .1Ó')-~ 76Ô F/\X 46')-60/',,' I If' ~ '; ~),(),') Fe;.: '-:é<~-1 7:3~) . TD!' ~: ì ~~())_ í.: '-' AGENDA REQUEST ~4 '-BIT "A'o ''-' ITEM NO_ [1 f¡ DATE: March 7, 2000 REGULAR [ ] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: First Amendment to, and Restatement of, Agreement for South Detention Area _ Brisben Family Limited Partnership - River Place, Inc. ,"/'- --_._.~- BACKGROUND: See attached memorandum FUNDS AVAILABLE: -.-......--.---......-. COU I\..ITY \-'--0"" '\, ,- I..... AI ¡ tii\:t: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board: (1) Approve the First Amendment to, and Restatement of, Agreement for South Detention Area and authorize the Chairman to sign the First Amendment; and, (2) Upon receipt from Dickerson, refund River Place, Inc. twelve thousand and 0/100 ($12,000.00) dollars, plus interest. Separate vote 4-0 (Hutchinson abstained) /ì uglas Anderson ounty Administrator COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Review and Aoorovcls Ma~age~è~: & 3~àget "\ I . )) PuLThasing: ----~-- -\1'2' \~.~-~_. '1. C:::~~e~:__~..___~_~..___ _~~._~~ Cot...::;.t.y J..: :o:-:-:,-.::~.·: '---.. O~igi~a~:~~ =~;: Ot.r..e:-: :. :-:: c: :-. c: ~_~ .. _~'~ Cc-:':)~.' cJnly, if 2;,;;l~ca::;l?-) .~ _. 5 / ~ (; t: )CJ+7 ts n A '-" AGENDA REQUEST .."",¡ ITEM NO. C-4C r I m I~ (p ß.~ [1 .~.'" ¡ I Dc lln , L . ~-' " r-- t~lj ! ~ I 3 2uuJ I L_· DATE: June 6, 2000 , ~ f"...f c: :; '(_. :~_ F:' . ~ l____ _....._ REGULAR [ PUBLIC HEARING [ ] ] TO: BOARD OF COUNTY COMMISSIONERS CONSENT [X ] SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Refund of River Place (Brisbane Family Partnership) Donation Budget Resolution 00-102 BACKGROUND: In fiscal year 1998 representatives of the Brisbane Family Partnership approached the county engineer offering to fund any additional expenses of aesthetically enhancing a planned retention pond associated with the widening of South 25th Street. The county accepted the donation and contracted with Dickerson Florida, Inc. to accomplish the work. Dickerson 9id not complete the job as designed. As a result Dickerson has refunded $12,472 to the county which should be returned to the Brisbane Family Partnership. Budget Resolution 00-102 establishes the budget to facilitate this action. FUNDS AVAILABLE: See attached Budget Resolution No. 00-102 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No. 00-102 appropriating and expending the funds as described above. COMMISSION ACTION: ~ ] APPROVED [] DENIED [ ] OTHER: Coord i n atio n/S jq natu res Management & Budget: XX ~ Public Works: XX JIIJ Purchasing: County Attorney: XX ~ t- ().JM. Originating Dept: Other: Finance: (Check for Copy only, if applicable) XX '..,;' R'~t~~~1,P:IP~t=.J=I~:9J~~ :,Fa:Þf.ll·~~~·::.I~C. rM. .'W :~~':~:cOMPiwv·Cw:~E~1?iC~~GROUP:INC.· . :i/!#.Wkt~~}.!{/.: . . :~. "'.~::~, ::.\;.~.;.'> - ~ - ' ,. ,..;:.flR:$:t+~ATIONAL BANK OF STUART' :;~~}Yi¡¡'i::A;;U;·(.·;;o'!:,:\,:}"'.· ':." " ", ;'fr'(';f'hi'¡','ißAy':*,**TWELVE THOUSAND SEVEN HUNDRED AND FORTY TWO DOLLARS AND 00/100*** :~¡~:¡:t¡:\·i!!M:),~.¡:')::\:.,····,:· ,.,.'·{;<··TO·7fHE', ' ~1¡~i~~~1ÞP St. Lucie County ""-".!.,-,.': _:~~..~~.~,:~:,):;:..;"" .. ........:' , .z:.........A..H 1:¡::5 I I A .~ECKNO:. '003696J DATE: April 3, 2000 AMOUNT: $12,742.00 UNT President ; ! , , i ; ! .J II·OO:lb9~H· ¡:O¡;?OOS.SBI: Dick <m<florida, Inc. oo:¡i1aU¡3u·O. ------------------------- ------------------------ .- ------------_. --- ---.--------- DG DICKERSON FLORIDA, INC. A COMPANY Of THE DICKERSON GROUP, INC. CHECK NO. 003696/ Detach before depositing CHECK ISSUED IN PAYMENT TO: St. Lucie County .'f' VENDOR NO. 99999 CASH ACCOUNT NO. 10006-000 IC $ AMOUNT JOB/EQUIP NO. COST CODE G/L ACCT. VENDOR NO. CPC $12,742.00 3180 Refund on OVE rpayment ref L ke Excavat on CO. -.......-.-----. . '-' EXl--J If? 17 'A \I ....,¡ U\¡ (n( I 'ð FIRST AMENDMENT TO, AND RESTATEMENT OF, AGREEMENT FOR SOUTH DETENTION AREA This FIRST AMENDMENT TO, AND RESTATEMENT OF, AGREEMENT FOR SOUTH DETENTION AREA is between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County") and BRISBEN F AMIL Y LIMITED PARTNERSHIP (hereinafter referred to ~ "Brisben"); and RIVER PLACE, INe. (hereinafter referred to as "Developer"), made this 71'/' day ofF~luGU..v, 2000. . (Y (tîC-t'. WITNESSETH: WHEREAS, the County and Brisben entered into that cert3.in Agreement recorded October 21, 1997 in Official Records Book 1105, Page 1057 of the Public Records of St. Lucie County, Florida (the "Agreement"); and WHEREAS, Developer is successor in interest tø all of the properties benefitted by the Agreement except for Tracts G, H, I and N described hereinbelow which is still owned by Brisben; and WHEREAS, River Place, Inc., in addition to being the Developer (and owner of certain parcels in the development known as "River Place"), is also the agent for Brisben and has requisite authority to execute documents on behalf of Brisben related to matters contained in the Agreement; and WHEREAS, the construction of the South Detention Area, as described in the Agreement, was initiated by the County's contractor, Dickerson Florida, Inc., but has not been completed in accordance with the plans and specifications related thereto through no fault of the County; and WHEREAS, it has been detennined that the South Detention Area could be further modified in order to have excess detention capacity; and WHEREAS, the parties are desirous of making application to the South Florida Water Management District to modify the pennit (pursuant to Pennit Number 56-00977-S, as modified) (the "Permit") so as to allow for the construction of excess detention capacity in the South Detention Area to be utilized by the adjacent property, commonly referred to as "River Place", for drainage of the commercial properties referenced as "Tract N" presently owned by Brisben, which South Detention Area and Tract N are depicted and legally set forth in Exhibit "A" attached hereto and made a part hereof; and .-- --"-----"--- !J í:' ¡;;. ~( ¡ [:,: ~~-' ¡! n '. ' :! I . .. :) 0 ~- - r" . '-" '-' WHEREAS, the parties are desirous of amending and restating the Agreement so as to modi f)! it in a manner which would permit the redesign of the South Detention Area to create excess detention capacity and the utilization thereof by Developer, Brisben and its successors in title; and WHEREAS, a graphic depiction of the presently pennitted South Detention Area as previously reconfigured is attached hereto as Exhibit "B"; and WHEREAS, a graphic depiction of the reconfigured South Detention Area is attached hereto as Exhibit "C". NOW, THEREFORE, in consideration of the mutual covenants contained herein and Ten Dollars ($10.00) paid by each party to the other, the receipt of which is hereby acknowledged, the parties agree as follow~: 1. The aforementioned recitations are true and correct. Exhibits "A", "B" and "C" of the Agreement are hereby deleted in their entirety and Exhibits "A", "B" and "C" reflected hereinabove are substituted in lieu thereof. '^ II. Paragraphs I through 17 of the Agreement are deleted in their entirety and the following is substituted in lieu thereof, as a complete restatement of the Agreement: 1. Design and Pennitting. Developer agrees to design and pennit the reconfigured South Detention Area (a conceptual drawing of which is attached as Exhibit "C") to meet all South Florida Water Management District ("District") requirements for retention/detention, including water quality standards, to accommodate the drainage and detention capacity as originally designed and to accommodate the additional stonnwat~r drainage and detention capacity necessary for Tract N of the development known as "River Place". 1.1 Developer agrees to design the reconfigured South Detention Area with hydraulic capacity and storage volume to meet the foregoing needs. Developer agrees that the design is 3ubject to the approval of the County. 1.2 Developer shall cause to be delivered to the County no later than May 31, 2000 drawings and specifications for the reconfigured South Detention Area. 1.3 Brisben shall dedicate by special warranty deed free and clear of all liens and encumbrances to the County (or directly to the City of Port St. Lucie if mutually agreed to by the parties) any additional acreage necessary to ì '-" .."",¡ reconfigure the South Detention Area to accommodate the increased detention capacity referenced hereinabove (which additional acreage shall be immediately adjacent to the County's existing South Detention Area of such size and dimensions as are reasonably determined by Brisben to meet the requirements hereof) reserving unto and/or granting to Brisben and Developer all necessary and requisite easements and rights to discharge stormwater to the South Detention Area in order to accomplish the foregoing. 1.4 Developer will retain all right, title, ownership and use of, and Brisben and the County hereby transfer to Developer all right, title, ownership and use of, any and all fill excavated from the South Detention Area by Developer to meet the revised specifications, both from expanding the size and from completing the depth of the South Detention Area. '" 2. Expenses. Developer will undertake all costs of engineering, permitting and construction of the South Detention Area as revised pursuant to the terms hereof 3. Reimbursement. Simultaneously upon the execution of this First Amendment, and contingent upon receipt of funds in like amount from Dickerson Florida, Inc., the County shall refund to Developer $12,000.00 with interest, at 6% per annum from March 23, 1999, which funds were paid by Brisben to the County to construct the South Detention Area as originally designed prior to this First Amendment. 4. Landscaping. Upon the completion of construction of the reconfigured South Detention Area as revised pursuant to Paragraph 1 above and the County acknowledging in writing that the South Detention Area, as reconfigured, has been completed and turned over to the County (or the City of Port St. Lucie as mutually agreed to by the parties), Developer agrees to install at its expense landscaping and other passive beautification amenities, all in accordance with the Landscaping Plan previously approved by the County. 4.1 It is specifically agreed between the parties that the County's general policy to fence drainage areas shall be waived and Developer and/or the ultimate Property Owners' Association responsible for the maintenance of this detention area shall carry a liability policy insuring the County pursuant to the terms and conditions as further set forth in this Agreement. It is further agreed that Developer and/or the Property Owners' Association which ultimately has the burden of maintaining this property shall ..., _J '-" '-' have the right to post the property and provide security to enforce a no trespassing policy. 4.2 Developer and/or the Property Owners' Association which will be responsible for the ultimate maintenance of this property shall maintain a liability policy insuring the County's interest against liability in an amount of $300,000/$500,000 with an A-rated insurance company licensed to do business in the State of Florida. The County shall be designated as an additional named insured on this policy. 4.3 In the event Developer or a future Property Owners' Association requests the County to take back responsibility to maintain this detention area, it shall first be required to bring the property up to current County standards which may include the removal of high maintenance vegetation and the installation of a fence. This requirement shall be embodied in or incorporated in the recorded documentation governing and obligating a future Property Owners' Association to the obligations set forth in this Agreement. 5. South Detention Area. Upon completion of construction and landscaping of this detention area, Developer shall maintain (i.e. mowing, weed control, landscaping) the detention area. Developer agrees that this maintenance obligation shall be included in the Property Owners' Association documents which will be created and recorded to maintain the abutting property owned by Brisben and/or Developer and shall ultimately be the sole responsibility of that Property Owners' Association. Developer agrees that this Agreement to assume maintenance responsibility for this Detention area is an essential component of the consideration of this Agreement and acknowledges on behalf of itself and its successors, the County's ability to enforce the tenns of this obligation. County agrees that the County shall be responsible for maintaining any structural or mechanical components installed for the drainage facilities of this Detention area and the landscaping plan shall provide adequate access to do so. All other structures shall be maintained by Developer and/or the Property Owners' Association. 6. Notices. Every notice, approval, consent or other communication authorized or required by this Agreement shall not be effective unless same shall be in writing and sent postage prepaid by U.S. Certified Mail, Return Receipt Requested, directed to the other party at its address provided for below or such address as either party may designate by notice given from time to time in accordance with this section: As to Brisben: Brisben Family Limited Partnership c/o River Place, Inc., as Agent Attn.: Carol Ann Cardella 7800 East Kemper Road Cincinnati. Ohio -+5249 4 '-'" With a copy to: As to Developer: With a copy to: As to County: With a copy to: .."",¡ Dean, Mead, Minton & Klein c/o Michael D. Minton, Esq. 1903 South 25th Street - Suite 200 Fort Pierce, Florida 34947 River Place,. Inc. Attn.: Carol Ann Cardella 7800 East Kemper Road Cincinnati, Ohio 45249 Dean, Mead, Minton & Klein c/o Michael D. Minton, Esq. 1903 South 25th Street - Suite 200 Fort Pierce, Florida 34947 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue Fort Pierce, Florida~34982 St. Lucie County Attorney A~inistration Building Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 7. Consent of Developer. Brisben and County. Wherever in this Agreement Developer, Brisben or County is required to give its consent or approval to any action on the part of the other, such consent or approval shall not be arbitrarily or unreasonably withheld. Developer, Brisben and County shall act reasonably and consistent with reasonable commercial practice. The consent or approval by either party to or of any act of or request by the other party shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or request. . 8. Waiver. If under the provisions hereof, Developer, Brisben or County shall institute proceedings and a compromise or settlement thereof shall be made, the same shall not constitute a waiver of any covenant herein contained nor of any of Developer's, Brisben's or County's rights hereunder. No waiver by Developer, Brisben or County of any provision hereof shall be deemed to have been made unless expressed in writing and signed. No waiver by Developer, Brisben or County of any breach of any covenant, condition, or agreement herein contained shall operate as a waiver of such covenant, condition or agreement itself, or of any subsequent breach thereof. 9. Benefit and Burden. The provisions of this Agreement shall be binding upon and inure to the benefit of the:' parties hereto and each of their successors and assigns. 5 '-' ., 10. Obligations of Successors. Each and all of the provisions including all options in this Agreement shaIl be binding upon and inure to the benefit of the parties hereto, and except as otherwise specificaIly provided in this Agreement, to their respective heirs, executors, administrators, successors and assigns, subject at all times, nevertheless, to all agreements and restrictions contained elsewhere in this Agreement. II. Entire Agreement. It is understood and acknowledged there are no oral agreements between the parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by Brisben to County with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Agreement unless such negotiations, arrangements, brochures, agreements, and understandings are specifically incorporated herein. 12. Partial Invaliditv. It is agreed if any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 13. Modifications of Agreement. This Agreement may be modified only by mutual agreement of both parties. 14. Article Headings. The article headings in this Agreement are inserted only as a matter of convenience and reference. They are not to be deemed as limiting in any manner the content of the provisions which they described and are not to be given any effect whatsoever in construing the provisions of this Agreement. 15. Pronouns and Gender. The words Developer, Brisben and County as used herein shall include the plural as well as the singular. Words used in the masculine gender include the feminine and neuter. The marginal headings or titles to the sections of this Agreement Ü.re not a part of this Agreement and shall have no effect in the construction of this Agreement. 6 '-' .."",¡ 16. Cumulative Effect. The various rights, options, elections, powers and remedies contained in this Agreement shall be construed as cumulative; and no one of them shall be exclusive of any of the others, or of any other legal or equitable remedy which either party might otherwise have in the event of breach of default in the tenns hereof, and the exercise of one right or remedy by such party shall not impair its right to any other right or remedy until all obligations imposed upon the other party have been fully perfonned. 17. Governing Law. The laws of the State of Florida shall govern the validity, perfonnance and enforcement of this Agreement. Should either party institute legal action to enforce any obligation contained herein, it is agreed the venue of such suit or action shall be in St. Lucie County, Florida; and both parties hereby waive any defenses to the contrary. Although the printed provisions of this Agreement were drawn by the Developer, this Agreement shall not be construed either for or against County, Developer or Brisben, but shall be interpreted in accord with the general tenor of this language. IN WI1NESS WHEREOF, the parties have executed this First Amendment to, and Restatement of, Agreement for South Detention Area On the dates indicated. A TrEST: , ,~~~~"A'~ ':,H ' "'\, . ,,~ .- ~ ':.' '>- -. . ;.'>~ .' . t,·J:;'L.. .··\.)i} \.., -'... ,:-- " . ",.' ". j \~,"'(' , ··::'~~.~,:;:·.:,:'·.:':"/E ...~, '-ÚC¡ (" JU~'\"'\" ..~... .. - -~ " f'f Executed by County this 7iL day of t'JIf'). /~ ,2000. BOARD OF COUNTY COMMISSiCNERS ST. LUCIE CO~' /,- .~ r " By: :,--_~7: r,7~-:rr; \J.Chainnan'~_,~ By: 7 '-' WITNESSES: /iF; k ~ LX,--,,,--,---,~~v-~ ,-\. ,~WL/':> ~«2,J5C(!;f¿ I ~~~ 1---\, ~·-..:L-CJ ·4 ~ " ~c:tV zrJ2PL F:\DA T A\MDM\River Place\arnendment revísed.wpd ...., Executed by Brisben and Developer this ~ ~ay of t(t£-<..r .L-.. 20QO BRISBEN F AMIL Y LIMITED PARTNERSHIP By: RIVER PLACE, INC., its Agent By: 71' RIVER PLACE, INe. By: (~j/fl . Carol Ann Cardel a, Its Vice-President 8 ., ... .. .. ... ... .. .... - - .. .. .. -....--..---- ---'--"-- ~'Î\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , \ , \ \ , \ \ \ \ \ \ \U \ \ 1 I I I I I I I I I: 1 II I I: I I I I I I 1 I I I \ I Rev. 2-17-00 \ I I I I I I I I I ~I <-I fl Zil 01 ~I fTll I I I I ~ I I I I I I I I I I I I ® ...1' 21 County Q.mðd ~ ,/ '- Oceon ~.. Wot.......cy --- --- Q} - -i I'< B) Be ·.e_e~O· "1:\'1) ! ! SCAL::: 1-=200' ~- I I I I C~I' CULPEPPER ~ TERPENING..NC. CONSUL TING ENGINEERS ð: LAND SURV£YOOS :zgeo $(XITH ~ S1RŒT FœT P£RŒ. fLfJR()A ~ (:'>61) ~36S7 EXHIBIT A RIVER PLACE SOUTH 25th STREET SOUTH RETENTION POND r.,:~' . -. ~U!pepper~'erpeninq S6116~9~97 f--- 81-84-941Z:88PH TO 1188 P.4/S ?77 _. --'.-- - --~-- .. -~ '-:-- . . .--.:.-~~-=== l----~~I~~x~~,M-~~ E'~~____ .. . ,~ "-" .- .. ~' ~ ~ " ... ...., [ - -- - - - ::':'O~":;""""\:~ ::..;..:....'._.._ "~' ._- c> .'.. .....< \ \ , ... / r' ;-~;-.:.,.-- - " ! ~.. .- - .':",\\\-., - ..¡L~~t:_~..:: ~~~~. ::<.;...-'~r-...:./].;:--:~.! 1---- \ . "./\. -·.;-····L ..._-:...... "l'--' ._J.-·-l.~::J(,ì·'<"~. '~~:/~:. S / ,-.,- ""-. ·····,'-1.-·· l '. " 7(' ?~~. '-"'~. - --'. - ;"'!'."_'~.'~..\:)~' .. ,·1 ...,. ('::' C :.' . I . 0' :;.\-"~ ,..- f -~ :-;t ,. - f&t:T(rHI'-.'lt /·ht'· t.: ~ ~ /'J Æ) -- ~~. ........, t~ :' .. '.. '. ':!.!.--J . '. ':,-' . ¿ ! Ë( /-~~:~!.- r'''; . i...._.\., . ~_. .. -j i r-::--- ~-'-t-. .. -:.,....;.... .- >,' \ ," . . .~,.::~<. / -~..{¡ :-::'-;~'. 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'~:::.r~::;~'!f~.;::.· " . . ~'. I :: è·· .~:,.,:,: ...... :a: .~::·:'..t:.~.: :';'~ ·...r _I.·~......<~ (:" .~. ~ ~~~-:::r': :~ .: ....:..:~~...~"1,_ \.-..... .'~:~~:". ..... ~:.~.. . '.' ..,-...\ ---'/ -.... R C L :;-. T R! '-.'- LJ D E J: 0 f'¡ T._\2-..~) ~~. 1\ DCTA,l ::..:~L' - . EXHIBIT B <f~~~=.: CONSUL TIMG ENGINEERS ð: LAND SURvtYOOS ~ $OUlH ~ SmŒT ~()AT f"'ÐtŒ. fLCR'OA ~1 (~1) 4ð-<I-~~7 RIVER PLACE SOUTH 25th STREET SOUTH RETENTION POND \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\J \ I \ I I I I I I I I I I: I II I I: 1 ~. - . -' . . . ~ ~.- . - ~ . - . - .-.- ~ - - - - . - - - -~ - I I I I I I I I I I ~I . I §;/ ~I (/), ~I ~I I I I I ~ I I / I I I / / I I I I I ® 2~ ------- Eastem Limit of Retention N<I<J to be Determine<! by EI>çine.". Arlo/ysis ~ ,/ '- ~ Ocean Bre~z~ Woter-woy --- --- --- Q} --- (0)'<'<' ~ve c.€ :6Q'-R}W) _---õ_ SCAL::: 1 - = 2CC' Rev. 2-17-00 C1=CULPEPPER ~ TERPENING;Nc. CONSUL llNG ENGINEERS & LAND SURVEYORS 2IIðO sou-m 25th STRffT FœT P1ERŒ. Fl..ORIOA ~Q81 (561) -4M-3557 EXHIBIT C RIVER PLACE SOUTH 25th STREET SOUTH RETENTION POND , '-" ....,¡ BOARD OF COUNTY COMMISSIONERS UTI LITI ES DEPARTMENT WilLIAM GLAZAK DIP.EGOP. MEMORANDUM TO: Board of County Commissioners /',.J.y William Blazak, Utility Director LlI¿,f¿i FROM: DATE: October 24, 2000 RE: North County Utility District (Holiday Pines) - GIS Mapping BACKGROUND: During the development and upgrading of the County's Utility Master Plan the Holiday Pines Utility System was purchased by the County. Part of the original scope of work associated with the Master Plan was inclusion of all County owned utility infrastructure into the existing County GIS Mapping information. With the purchase of the Holiday Pines system during the Master Planning process the original scope did not include the work necessary to develop the GIS Mapping of the system. At the last Strategic Planning session with the Board, completion ofthis GIS Mapping was discussed and at the Utility Budget workshop with the Board, Management and Budget confirmed the necessary available funds remaining from the original allocation to fund this work authorization. RECOMMENDATION: Staff recommends that the Board approve the Work Authorization with LBF&H in the amount of$ 19,020.00 to complete the GIS Mapping of the North County Utility District. . DOUG COWAnD, District No.2' PAULA A. LEWIS, District No.3' FRANNIE HUTCHINSON, District No.4' CLIFF ßARNES, District No.5 JOHN D. ßRUHN, District NO.1" County Administrator - Douglas M. Anderson 2300 Virginio Avenue " Fort Pierce, Fl34982 · Phone (561) 462-1150 .. FAX (561) 462-1153 ~ ....,¡ WORK AUTHORIZATION Engineering Services for Holiday Pines GIS Pursuant to that certain Agreement Between County And Engineer For Con tinuing Engineering Servi ces (the "Agreement") between St. Lucie County (the "County") and LBFH, Inc. (the "Engineer") dated March 14, 2000, Engineer hereby agrees to provide professional engineering services under the terms and condition set forth in Exhibit "A" , attached hereto and made a part of this Work Authorization. IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this day of , 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUN'l'Y ATTORNEY WITNESSES: LBFH, INC. . i i -~ . --L (! ( / ~/¿:4t;j1 A I I /' /,v,,,-,, !/¿,..-' ",v _ \J _ ,.//: .f By: Print Name: ~/ ., '-r /.<1 0' If"! ~7/ '-). I)! I 17, 1 "'<-" ~ "", -- Title: /,~'.--- /~'.'1 -;7' .....} -.''-''-- "it' {t: f/ff.,;:" '-;/J./cj"o"},//' . I. .;",... ,.T, C:\JWL\AGREE\LBFCcH-WA OO.W1?D .... '-' ....,¡ EXHIBIT "A" ST. LUCIE COUNTY WATER AND WASTEWATER MASTER PLAN UPDATE HOLIDAY PINES GIS SECTIONS 1 . SCOPE OF SERVICES ENGINEER will provide the following services in accordance with applic.able sections of the AGREEMENT: ' ' . Additions to the Scope of Services resulting from the acquisition of Holiday Pines Utilities by St. Lucie County. Amendment more specifically includes additional GIS work relating to the Holiday Pines Utilities. Task 1 Holiday Pines Utilities GIS 1. Create an electronic water and wastewater master plan using the existing drawings and maps. This will be a "user's GIS" for planning, analysis and O&M: of the St. Lucie County water and wastewater systems. Infonnation from various hard copy maps, and graphical systems will be incorporated into the GIS using the St. Lucie County Property Appraiser's digital parcel map as a base. The accuracy for this system is a reflection of this base map and external sources (e.g., existing record drawings, design drawings, etc.). The GIS will be developed as a PC-based Desktop-GIS System. 2. Utilize Property Appraiser's base map infonnation LBFH obtained for the initial Utility GIS work. 3. Utilize the customized interface developed by LBFH for the initial Utility GIS work. 4. Obtain data of water and wastewater pipelines for Holiday Pines, including existing maps, pipeline record drawings and available electronic drawings from other consultants and records on file at LBFH. 5. Infonnation on water and wastewater as-built drawings for areas not currently in GIS fonnat, but are currently in the SLCU hardcopy files, will be "on screen" digitized, attached to the respective GIS coverage, and transferred to the USER interface. This Scope assumes approximately 90,000 linear feet (LF) of pipeline (4" and larger) to include water mains, force mains, gravity sewers, and reclaimed water mains. 6. Link scanned as-builts to respective features in the GIS. 7. Coordinate with SLC infonnation services department on establishing data on SLC computer system. 8. Scan approximately (70) 24" x 36" utility system record drawings to produce digital images. Create polygon coverage of as-built plan areas. Link images to polygon coverage in GIS system. -. .. \\PC\projectsl97 -0494\Ammo!ld2-Holiday Pines GIS2.do<: 1 SLC WIWW MASTER PLAN UPDATE '-' ,..." SECTION 2 - DELIVERABLES ENGINEER will provide the following Deliverables to OWNER: · One (1) compact disk of the completed Holiday Pines GIS, s~itable for transfer into SLC's computer system including GIS data, customized interface, and viewing program. . Two (2) hard copies of the completed GIS maps. SECTION 3 - TIlVIE OF PERFORMANCE 3.1 Execution of this Work Authorization shall constitute Notice to Proceed. The ENGINEER and OWNER agree to the following schedule: start Dav* Completion Dav* Task 1 - GIS coverage for Holiday Pines Water Distribution System and Wastewater Collection System 14 90 * After Notice to Proceed (executed work authorization from SLC) SECTION 4 - :METHOD OF COMPENSATION ~ 4.1 OWNER will compensate ENGINEER for services under this Work Authorization in accordance with the payment method as set forth in Section 5 of the AGREEMENT. 4.2 The amount of compensation will be invoiced according to the following schedule: Payment ComDensation Method Task 1- GIS coverage for Holiday Pines Water Distribution System and Wastewater Collection System $19,020 LS SECTION 5 - OWNER'S RESPONSmILITIES 5.1 OWNER hereby designates William R. Blazak as OWNER's representative. 5.2 In addition to applicable provisions of the AGREEMENT, the OWNER will: . Provide any available information, reports or maps, record drawings, and operation and maintenance records applicable to the project. SECTION 6 - OTHER PROVISIONS .. NONE \\pc\projeçts\97 -0494\Ammend2-Holiday Pines GIS2.do<: 2 SLC WIWW MASTER PLAN UPDATE '-' ...", COUNTY COMMISSION REVIEW: October 24, 2000 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Board of County Commissioners Julia Shewchuk, Community Development Director October 17, 2000 Petition of A-I Roof Truss, for relief from the requirements of Section 1 1. 02. 09(A)(5) of the St. Lucie County Land Development Code - Environmental Impact Report (EIR). A-I Roof Truss is proposing to develop a 174,400 square foot manufacturing facility on an 18.81 acre parcel located south of St. Lucie Boulevard opposite the St. Lucie County International Airport. To: From: Date: Subject: The developers of A-I Roof Truss are requesting that the Board authorize an exemption from the requirements of Section 11.02. 09(A)(5) of the St. Lucie County Land Development Code (LDC). Section 1l.02.09(A)(5)(e) require that all site plans with a land area exceeding 10 acres in size include an Environmental Impact Report (EIR) as a part of the site plan review process. The EIR assesses the impacts of the proposed development upon the existing environmental conditions. A waiver of this requirement may be granted by the Board of County Commissioners upon the demonstration by the developer that the information foregone by such relief is not needed to determine the impacts of the proposed development upon the environment. . The proposed A-I Truss site is located on the old fairgrounds parking areas. The site is cleared and except for a few trees, which are being incorporated into the sites landscape plans, the site contains no unique or special habitat. There are no wetlands on this site. County Staff has visited the site and did not observe any threatened or endangered species. Staff recommends approval of the request of A-I Roof Truss for relief from the requirements of Section 11.02.09(A)(5) of the Land Development Code. Please contact this office if you have any questions on this matter. Attachment cs ~ount'L Administrator ss't County Administrator ounty Attom~y .reg Boggs, Tliomas Lucido & Associates de h:\wp\projects\A-l Truss\ EIR-MEM.wpd cc: (,-, , f....,¡ ~~. V~,~~ V\iV V .~~·7·H>,,! Th'omas Lucido & ~ssociates, p.A. Land Planning/Landscape Architecture y September 22, 2000 Ms. Julia Shewchuk Community Development Dir. ST. LUCIE COUNTY 2300 Virginia Avenue Fort Pierce, FL 34982 Re: A-I Roof TruSses . Request to Waive Environmental Impact Report 'Our Ref. No. B371 On behalf of our client, A-I Roof Trusses, Inc., we respectfully request a waiver for the Environmental Impact Report per Section 11.02.05 of the St. Lucie County La'nd Development, COde. - r , The site has been used by the St. Luc~e·County Fair Association for years as an exhibition site I and has been cleared and improved for that use. Currently there are only à few treèS remaining on site (See :T opographic Survey for more detail on species and quantities). The rest of the site is maintained às grass parkiIÌg area~ " , ' Wecondu~ted a site analysis ~d are inclùding photogÌ-aphs"recently taken of the site. It is evident &om these pictures that no val~ble habitat is existing on ~e'~ite. ' Since thè site is already improved, we feel it would be an umiecessary burden for our client to provide an Environmental Impact Report. Please' can should you have any questions. ..' " '- GB/km .cc: John Herring, Pres., A-I Roof Trusses G:\workstations\P):ojects\B371 \wdoc\Shewchuk.waiver.env .rpt.ltt.c:tOc , 322 Ge9rgia Avenue Stuart, Florida 34924 561/220-2100 Fax 561/ 223-0220' , , ' . , 827 North Thornton Avenue --Orlando, Çlorida 32803 . 407/898-9521 Fax 407 / 898-9768 , I 100 Av'enue A, Sui~e 2A Fort Pierce, ~lorida 34950 561/467-1101 Fax 561/467-1303 , State of Florida LC 0000335 A-I Trusses - Site Photographs (6 Pages) View from NW Corner looking SE View from NW Corner looking East A-1 Roof Trusses 2 View from St. Lucie Blvd looking South A-1 Roof Trusses 3 A-1 Roof Trusses 4 A-1 Roof Trusses 5 View from Center of site looking North View from Center of Site looking North A-1 Roof Trusses 6 ~ '-' ....,¡ AGENDA REQUEST ITEM NO. IC) ( . jJ~ DATE: 10/24/00 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [] Quasi-Jud. [ SUBMITTED BY: Community Development TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request of Gregory Boggs, Thomas Lucido & Associates, P.A., for an Exemption from Section 11.02.09(A) (5), St. Lucie County Land Development Code requiring the Preparation of an Environmental Impact Report for the A-I Trusses - Major Site Plan. BACKGROUND: The proposed A-I Truss site is located on the old fairgrounds parking areas. The site is cleared and except for a few trees, which are being incorporated into the sites landscape plans, the site contains no unique or special habitat. There are no wetlands on this site. County Staff has visited the site and did not observe any threatened or endangered species. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the request of A-I Truss for relief from the requirements of Section lI.02.09(A) (5) of the St. Lucie County Land Development Code. DENIED COMMISSION ACTION: [ X] APPROVED [ ] OTHER: A' /? ou3las M. Anderson Co~ty Administrator County Attorney. 9( Review and Approvals Management k Budget, Purchas ing I Originating Department. Pinance. (Check for Copy only. if applicable) Other I Other. ~ -,;,~' '-" ...., COUNTY COMMISSION REVIEW: October 24,2000 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Board of County Commissioners Julia Shewchuk, Community Development Director October 17, 2000 Petition of A-I Roof Truss, for relief from the requirements of Section 11.02. 09(A)( 4) of the St. Lucie County Land Development Code - Transportation Impact Report (TIR). A-I Roof Truss is proposing to develop a 174,400 square foot roof truss manufacturing plant on property located on the south side of St. Lucie Boulevard opposite the St. Lucie County International Airport. To: From: Date: A-I Roof Truss is requesting that this Board authorize an exemption from the requirements of Section 11.02.09(A)(4) of the St. Lucie County Land Development Code (LDC) , which requires that a Transportation Impact Report (TIR) be prepared as part of the site plan review process. The purpose of a TIR is to assess the impacts of the proposed development on the roadway systems within the area of the subject property. A· waiver of this requirement may be granted by the Board upon the demonstration by tlie developer that the information foregone by such relief is not needed to determine the impacts of the proposed development upon the roadway network. The applicant in this instance, has based their request on the following information: "The nature of the roof truss industry, requires a much larger production area than other manufacturing facilities, while trips generated are far less than other industrial uses with the same amount of production area. The automation of this industry results in far less employees being needed to operate the facility. At maximum build-out the owner anticipates having only 60 employees per shift, with two shifts per day between 6:30 a.m. and 8:00 p.m. plus about 20 office employees. There will be very little traffic from clients coming into the facility. The roof truss industry is expected to produce at the most four (4) trips of large trucks per hour (incoming and outgoing).» Staff has reviewed the request for waiver of this report and has determined that the proposed roof truss manufacturing plant would not negatively impact any transportation system within the vicinity of the subject property_ No ITE Trip Generation count exists for this type of use. Using the information provided by the applicants, County staff has estimated that this site will ,penerate approximately 200 trips per day. Currently, St. Lucie Boulevard is operating at a LOS"C and the aaaitional trips will not cause this LOS to be degraded. Although the projects capacity trip impacts on S1. Lucie Boulevard are expected to be minimal, staff does have some concerns about the operating characteristics of the projects entrance points. Staff will "" /' .' ~ ,.." October 17, 2000 Page 2 A -1 Roof Truss TIR Waiver MJSP-00-OI0 recommend as part of the final site plan for this project that right and left run lanes are to be constructed as part of the second phase of the projects development. In addition, staff will also be including a recommended condition of approval that the developer conveys to the County 20 feet of additional right-of-way for the further improvement of St. Lucie Boulevard. Staff recommends that the requested exemption from the requirements of Section 11.02.09(A)(4) be approved and that no transportation impact report be required for this project. Please contact this office if you have any questions on this matter. cc: ~ounty. Admin.istrator ss't county Administrator ou AttQrney ra 1 Engm r ft~YfáOggs. iffiomas Lucido & Associates h:\wp\projects\A-l Truss\TIRWaiver-MEMO.wpd ~ vk~ v~,~ ~ V~V V '-' r \....." / f .I Thomas Lucido & Associates, P.A. Land Planning/Landscape Architecture '. .; September 22, 2000 Ms. Julia Shewchuk Community Developme~t Dir: ST. LUCIE COUNTY 2300 Virginia Avenue Fort Pi~rcè, FL 34982 Re: A-I Roof Trusses Request to Waive Transportation Impact Report Our Ref. No.B371 Dear Ms. Shewchuk: On-behalf of our client, A-I Roof Trusses, Inc., we respectfully request a waiver for the Transportation Impact Report per Section 11.02.04 ofthe St. Lucie County L~d Development Code. ThethresholdJor a Transportation Impact Report per St. Lucie County Land Development Code is 87,000 sfof manufacturing area. The total proposed Square footage is 158,800 sf: even though Phase I will only consist of 88,200 sf The nature of this businèss, roof trusses-, requires a much larger productiòn area than other manufacturing facilities, while trips generated are far less thah· of a facility with the same amount of proquction area. Furthermore, the continued automatization of the manufacturing process requires fewer employees than a fatility of this size would typically need. . ' , At maximum build-out, the owner anticipates having only about ~O employees per shift, with two shifts per day between 6:30 a.m. and 8:00 p.m. and about 30 minutes of retooling ~een shifts, plus about 20 employees in the office~ Thereis very little traffic fÌ"om clients coming to the office, since the sales staff meets the clients out in the field. The owner anticipates at the most 4 trips oflarge trucks per hour (incoming /!¿ outgoing). SÎ1;1ce.this prpject does not fit into any of the ITE Land Use categories, we feel that this project warrants the consideration of a waiver 'ofthe Transportation Impact Report requÍÌ'ement. . Please call should you have any questións. . , . ~~;eIY' . ~L ' Dlr or . - . .~ GB/km èc:' John Herring,Pres" A':I Roof Trusses G:\workstations\Projects\B371 \wdoc'Sh~wchuk.waiver.traffic~rptltr.doc 322 Georgia Avenue Stuart, Florida 34994 561/220-.21-00 Fax 561/ 223-0220 827 North Thornton Avenue Orlando, Florida 32803 407/898-9521 Fax 407 / 898-9;;'68 ~ ) 100 Avenue A, Suite 2A Fort Pierce, Florida 34950 561/467-1301 Fax 561/467-1303 State of Florida LC 0000335 ' ~ ~ '-' ..., AGENDA REQUEST 1(" C ") ITEM NO. I ,... __1:-:::> DATE: 10/24/00 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [] Quasi-Jud. [ BACKGROUND: Request of Gregory Boggs, Thomas Lucido & Associates, P.A., for an Exemption from section 11.02.09(A) (4), St. Lucie County Land Development Code requiring the preparation of a Transportation Impact Report for the A-1 Trusses - Major Site Plan. The A-1 Truss is proposing to develop a 174,400 square foot roof truss manufacturing plant on property located on the south side of St. Lucie Boulevard opposite the St. Lucie County International Airport. The St. Lucie County Land Development Code requires a Transportation Impact Report when an industrial project is a minimum of 87,000 square foot in size. TED ::~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development Dev. Director SUBJECT: Staff has reviewed the request for waiver of this report and has determined that the proposed project would not negatively impact any transportation system within the vicinity of the subject prepty. No ITE Trip Generation count exists for this type of use. Using the information provided by the applicants, County staff has estimated that this site will generate approximately 200 trips per day. Currently, St. Lucie Boulevard is operating at a LOS "c" and the additional trips will not cause this LOS To be degraded. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Approve the request of Gregory Boggs for an exemption from Section 11.02.09(A) (4), St. Lucie County Land Development Code, which requires the preparation of a Transporta n Impact Report. COMMISSION ACTION: ~ APPROVE~ ] OTHER: DENIED D as M. Anderson County Administrator County Attorney. ;JJ, Review and Approvals Management . Budget. Other, Purchasing. Other. Originating Department. pinance. (Check for Copy only, if applicable) " . \ \-' ATTACHMENT H-l BUDGET ..., SUMMARY Recipient: St. Lucie County REVENUE SOURCES PERCENT MATCH TOT AL AMOUNT NOTES: Round all figures up to 1. CSBG Grant Funds $100,525 $100,525 the nearest dollar. 2. Cash Match 2 % $2,011 $2,011 Provide a minimum of: 2% - Cash Match 3. In-Kind Match 18 % $18,095 $18,095 20% - Total Match 4. TOTAL MATCH (Line 2 + Line 3) 20 % $20,106 $20,106 Do not under match. 1.99% Cash Match 5. TOTAL FUNDS (Line 1 + Line 4) $100,525 $20,106 $120,631 is unacceptable. CSBG FUNDED PROGRAMS ONLY (1) CSBG (2) CASH (3) IN-KIND (4) TOTAL EXPENSE CATEGORY FUNDS MA TCH MA TCH ADMINISTRATIVE EXPENSES 6. RECIPIENT EXPENSES $ 500 $ 1,076 $ 9,680 $ 11,256 (Salaries + Fringe, Rent, Utilities, Travel, Other) 7. SUB-RECIPIENT EXPENSES $ 8,415 $ 8,415 (Salaries + Fringe, Rent, Utilities, Travel, Other) 8. TOTAL ADMINISTRATIVE EXPENSES $ 500 $ 1,076 $ 18,095 $ 19,671 Line 6 + Line 7) 9. ADMINISTRATIVE EXPENSE PERCENT .005% (CANNOT EXCEED 15% OF CSBG ALLOCA nON) PROGRAM EXPENSES 10.RECIPIENT DIRECT CLIENT ASSISTANCE $ 35,296 $ 35,296 EXPENSES 11.RECIPIENT OTHER PROGRAM EXPENSES $ 17,984 $ 17,984 (Salaries + Fringe, Rent, Utilities, Travel, etc.) 12.SUBTOTAL RECIPIENT PROGRAM $ 53,280 $ 53,280 EXPENSES (Line 10 + Line 11) 13 .SUB- RECIPIENT DIRECT CLIENT $ 46,745 $ 46,745 ASSISTANCE EXPENSES 14.SUB-RECIPIENT OTHER PROGRAM $ 935 $ 935 EXPENSES (salaries + Fringe, Rent, Utilities, Travel, etc.) 15 .SUBTOT AL SUB-RECIPIENT PROGRAM $q 46,745 $ 935 $ 47,680 EXPENSES (Line 13 + Line 14) 16.TOTAL PROGRAM EXPENSE $ 100,525 $ 935 $ 100,960 (Line 12 + Line 15) 17.SECONDARY ADMINISTRATIVE EXPENSE 18.GRAND TOTAL EXPENSE $ 100,525 $ 2,011 $ 18,095 $ 120,631 (Line 8 + Line 16 + Line 17) -"',," '-' ..., AGENDA REOUEST ITEM NO. C- llA DATE: October 24,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT: [X] TO~ BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Services Beth Ryder, Director SUBJECT: Accept the FY 00/01 Florida Department of Community Affairs Community Services Block Grant in the amount of $100,525. BACKGROUND: St. Lucie County is the lead agency for the Treasure Coast Community Action Agency which is composed of St. Lucie, Martin and Okeechobee Counties. Through an interlocal agreement, St. Lucie County will disburse the allocation for each county from the State of Florida as follows: Martin $26,137; Okeechobee $20,608 and St. Lucie $53,780. Each County is responsible to provide the required 20% match with 18% in-kind and 2% cash. FUNDS AVAIL: St. Lucie County's required match will be provided with the salary of the Community Services Director 001-6420-512000-600 and the 2% cash will be the dollars expended for electric 001-1925-543000-100 for the Community Services office. PREVIOUS ACTION~ On August 8, 2000 the Board approved the submission of the grant application. RECOMMENDA TION: Staff recommends the Board of County Commissioners accept the grant and authorize the Chairman to sign any documents necessary for the grant. COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: CE: Douglas County A Review and Approvals K. County Attorney: x Originating Dept: x Finance: Check for Copy only, if applicable Management & Budget: x Other: Purchasing: Other: 't '-" ...., AGENDA REOUEST ITEM NO. C- llB DATE: October 24,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT: [X] TO;. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Services Beth Ryder, Director SUBJECT: Approval of Resolution No. 00-255 urging the Governor, the Legislature and the Healthy Kids Board of Directors to support replacing the requirement of a local match for the -Florida Healthy Kids Program with state funds. BACKGROUND: S1. Lucie County Children Services Council is providing match funds of $650,000 for match for the Florida Healthy Kids Program. This program provided health insurance for 3,771 children in St. Lucie County last fiscal year. Counties state wide are requesting that the local match requirement be replaced with state funding. FUNDS AVAIL: N/ A PREVIOUS ACTION;. None RECOMMENDATION: Staff recommends the Board of County Commissioners adopt Resolution No. 00-255. COMMISSION ACTION: [XI APPROVED [] DENIED [ ] OTHER: CE: County Attorney: x Originating Dept: x Finance: Check for Copy only, if applicable ~ (\ ~_.....J.., Review and Approvals Management & Budget: Other: Purchasing: Other: r \. '-' ~ RESOLUTION NO. 00-255 A RESOLUTION URGING THE GOVERNOR OF THE STATE OF FLORIDA, THE FLORIDA LEGISLATURE, AND THE HEALTHY KIDS BOARD OF DIRECTORS TO SUPPORT REPLACING THE REQUIREMENT OF A LOCAL MATCH FOR THE FLORIDA HEAL THY KIDS PROGRAM WITH STATE FUNDS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. The Florida KidCare Program was created by the 1998 Legislature to make affordable health insurance available to children whose families have low to moderate income. This is an umbrella program which includes Medicaid for children, Medikids Florida Healthy Kids and the Children's Medical Services (CMS) network. 2. Currently each County receives 500 free slots in the Florida Healthy Kids component. After the free slots are used, the County is required to generate up to 20 percent local match for additional enrollees. The fiscal impact for the required local match to Florida Counties is approximately $5 million annually. 3. St. Lucie County will need to generate $650,000 local match for fiscal year 2000-2001 of the Healthy Kids component in order to maintain 3,771 children currently enrolled. 4. Florida is the only State to impose this community match for the Child Health Insurance Program. Federal law does not mandate or suggest local match funding. 5. The Federal law prohibits health care providers from contributing to the local match requirement thereby limiting the community financial resources for local match. 6. This Board believes that the shortage oflocal resources should not be used as a barrier to exclude the availability of the Healthy Kids Program for families in need. r '-" """'" ~ 7. Further, St. Lucie County is carrying a disproportionate share of the local match compared to other counties within Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board urges the Governor of the State of Florida, the Florida Legislature, and the Healthy Kids Board of Directors to support replacing the requirement of a local match for the Florida Healthy Kids Program with State funds. 2. The County Administrator is hereby directed to forward a copy of this resolution to the Governor of the State of Florida, the Florida Legislature, and the Healthy Kids Board of Directors. After motion and second the vote on this resolution was as follows: Chairman John D. Bruhn XX Vice Chairman Frannie Hutchinson XX Commissioner Paula A Lewis XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 24th day of October, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY . I' . 1B/89/2888 15:34 , ~ St. Lucie County 250 NW Country C1ub Dr. Suite 240 Port SL Lude, FL34986 Phone: 561-462-2143 Fax: 561-462-2134 www.I....fsi.net/csc COUNCIL MEMBERS Cf:aif77'l(lr . Kathryn Hensley ScJwcL BcardMembt:r Wce Chairman. Judy James GOW:17Wr Appolll#d SecreTary R. Duke Nelson Govt!nwr ApPo;lI#d Cliff Barnes County Commi.1:sW11<" Corinne Behncke Govt!rnor Appointtld J. Rod Cardiff GOver'norAppaVuea Burton Conner CiT'ClJ.it Juve,ule Jlldge Marilyn Lawless Gavenwr Appcinled B.L. "Vern" Melvin Dist 1 J Administrator Dept. ofChildu:n & FamiJits William Vogei SuptlTin.t~1tl of Schocls £;recurive Director Kathryn A. Basile Invest in the Future... Invest in the Children. 5614622134 CSC ST LUCIE PAGE 82 '-" """" Ms. Rose N aff Healthy Kids and Kid Care Post Office Box 980 Tallahassee, Florida 32302 De3I Ms. Naff: The Children's Services Council of St. Lucie County has been providing almost the entire local match for St. Lucie County's Healthy Kids since FY 93-94. The initial match was $50,000 and since FY 97-98, that amount has been $650,000 a year. This is over 20% of our entire budget going into this one .. program. It is our understanding that W~ have one of the most disproportionate and highest local matches in the state. According to the Healthy Kids Florida audit for FY 99, $4,874,683 was identified as local match. If this is the case, then St. Lucie County has footed almost 130/0 of the bill for the entire state's local :match. This is, at the very least, grossly mJiair . We were encouraged last spring when we thought there was real hope for the local match to be eliminated, or at least reduced. The need for services is great in S t. Lucie Cmmty and there are many programs for children and families in our community that could benefit from these donars. We hope that your study, to be submitted to the Governor, examines the inequity of the current local match requirement. Sincerely, Kathryn Hensley Chairman Kathryn Basile Executive Director '-" ...", AGENDA REQUEST ITEM NO. C-12 DATE: October 24, 2000 REGULAR( ) PUBLIC HEARING ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel Director SUBMITTED BY(DEPT):Infonnation Technology SUBJECT: Approve the upgrade of a Network Desktop Technician position to be reclassified to Network Administrator, retroactive to October 1,2000. BACKGROUND: The State Attorney requested support for the J19C communications network by the Infonnation Technology department. The State Attorney has the additional funds to upgrade the current position assigned to this agency which will provide Network Administrator support per their attached request. The difference is $2,278.00 required to reclassify the current position. The Infonnation Technology department has been authorized to bill the State Attorney for the difference in the current amount and upgraded amount. Please reference the attached correspondence from the State Attorney. FUNDS A V AIL: The funds are available in the State Attorney budget as stipulated in the attached letter dated October 16, 2000. The amount of funding is $2,278.00. PREVIOUS ACTION: The State Attorney requested support fo r the J19C local network be provided in fiscal year 2000/1. Please reference the attached letter dated April 17, 2000. RECOMMENDATION: Staff recommends the Board of County Commission approve reclassification request RCOI-002 in the amount of $2,278.00 to fund the reclassification of the Network Desktop Technician assigned to support the State Attorney to be titled Network Administrator. COMMISSION ACTION: ( x) APPROVED ( ) DENIED ( ) OTHER Do gla 1\nderson Co Administrator Review & Approvals J ¿;-- County Attomey:~ OMB ,-/ìVn~rfW1,j) PurcluJsing /_ ,_L- Originating DePt:~ Other: Other: A1,-17-00 11:4Qam Frcm-SAO FP 1Q~R 561-462-1214 T-2ce P.02/03 F-306 ...", onXCE OF rut ~tate ~ttotne!, NINETi~ JUDiCIAL CIRCUIT Of PLORlDA 9€RVING INDIAN RIVER. MARTlN. OKEECHOSEE AND ST. 1.UCIE COUr-.'TŒS ~ll South Second Street fort Pierce, Florida 34950 (561) 465-3000 Fax (561) 462-1214 8ruce H. Colton Stiite Attomo.')' April 17 , 2000 L. Phillip Brodeur St. Lucie Information Technology Dept. 2300 Virginia Ave. Ft. Piercc. FL 34950 'R.e: J19C System Administrator Dear phill: This letter will conÏ1IIIl discussions we have bad recently concerning separating J19C from the local netWork. This is also the State Attorney's request fora System Administrator to run that separate lletV.Tork. Although I cannct speak officially for the Court Administrator, judges, or Public Defender, we have all discussed this proposa1 on a number of occasions and I believe all parties are in agreement. We are all in agreement that separating the 51. Lucie portion ofthe network from the circuit wide netWork will be bencficial to all parties. The entities that utilize J 19C are primarily state agencies with a focus on the criminal justice system. Tbe separation is already in progress. It just makes sense that there should be an achnicistra.tor for that separate systelI1. Robert Franklin, who is currently acting as me State Attorney's desktop support person is obviously over qualified for the position. As you are aware, he not only has "fixed" numerous problems we have had, he has also assisted others in yOW' department with problems they were having on other systemS. He has the necessary qualification to be a Novell netwOrk administrator and wo happens to be NT qualified. That is doubly beDeficial for us because we currently have twO (soon to be wee) NT database servers on line and he could take over responsibility for those as well. He is knowledgeable, technically proficient and extremely careful, as well as a pLeasure to work with. It is our request that when the netwOrks are separated that he be made System ~~rofJ19C. 1 want to make clear that the users on Jl9C; the State Attorney, Public Defender, Court Administrator and judges have no de5ire to "go our own way." We want the Information Technology DepartInent to be our service provider and the technical direction and supervision of ~ ,~.-:..1iÞ( O' 11: SOam F rem-SAC FP 1 ~T" 'R '-' 561-462-1214 1-2ce P,03103 F-306 .....,¡ the synem to continue to reside with the Department. We also would look to the Departmen't for backup and support fur the Administrator AS well as the hardware support we are currently receiving. I have faxed a copy of this letter to both Diamond Litty and Tom Willis, the Court Administrator and, on this issue, I believe represents the judges. I have asked them to confirm to you their agreement with this request. Sincerely, t2 ", I ) ..,1// j,'" __ ~.f /~~>~oL DAVID O. PHOEBUS Chief Assistant State Attorney DGP/cp cc: DiAmOnd Litty (via. fax) Tom Willis (via fax) " .,...;:....01,·... " 0' "" OFFICE OF THE '..",,¡ ~tate ~ttornep NINETEENTH JUDICIAL CIRCUIT OF FLORIDA SERVING INDIAN RIVER, MARTIN, OKEECHOBEE AND ST. LUCIE COUNTIES 411 South Second Street Fort Pierce, Florida 34950 (561) 465-3000 Fax (561) 462-1214 Bruce H. Colton State Attorney October 16,2000 Mr. Phill Brodeur St. Lucie County Information Technology Department 2100 Virginia Avenue Ft. Pierce, FL 34950 Re: R. Franklin - Salary Dear Phill: As discussed at our last meeting, we must continue to develop Jl9C as we have planned, and Franklin moving to System Administrator is critical to that plan. Therefore, bill the State Attorney's Office for the additional money necessary to fully fund his position and we will see that it gets paid. I understand that the amount is $2,838.00. If you should have any questions regarding this, please feel free to contact me. Yours truly, ¿¡;2¡ /~ DAVID G. PHOEBUS Chief Assistant State Attorney DGP/cp '\~jL ' ...., " OCT 1 6 2000 , , ""' :...J INFORMATION TECHNOLOGY ST. LUCIE COUNTY FLORIDA ------. ;a Co. OJ en "tI "tI , C m '-" c: m » ~ ~ m (') en z > "tI r- :::! m ~ G') » » ." ." ;a ~ ;a en Õ :::¡ ~ Z -I en » en G) c 3: ;a -I ~ m m m Õ z ~ z :-:I ::u -. :-t"t) ;i;i ~ ::J ::r= ~ 0 S:<D~<D<D <::> ~ <Ds-o:enen ::u , 8Õ'<DQ)Q) <::> <: § <::> ~ª<:ã)ã) III N ~ ~Q)~:t.-:t.- Co.) ~ :::! ....~~êfêf .01 0 Q) 0 0 I):) <: 3::J~:3:3 ~ ::u 0<ï>':t.-~~ I):) ~ ~ "'0 C::oQ. .¡:.. 01 tJ 0 0 ~::J-3~ë¡¡ N Q) ::J ::, Q. .Q <::> .¡:.. m J: CJ) ~ 0) <: 2.§-!is:~ 01 ~ 0 :=!CJ) c::~Q1<D.... .01 d r- 0-1 0) 0 "t) õQ)~ 01 1) Z· cotJ....Q. 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