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Agenda Packet 09-26-00
- . ., ~ "-'" BOARD OF' COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 19,2000 Tape: 1-2 Convened: 7:00 p.m. Adjourned: 9:20 p.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Paula A. Lewis, Doug Coward Others Present: Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Dennis Murphy, Asst. Community Development Director, Paul Phillips, Airport Director, Ray Wa:my, Public Works Director, Bill Blazak, Utilities Director, Phil Brodeur, Asst. IT Director, Beth Ryder, Community Services.~ Director, Jack Southard, Public Safety Director, Jim David, Mosquito Control Director, Don" West, County Engineer, David Kelly, Planning Manager, Charlie Bicht, Purchasing Manager, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-022) It was moved by Com. Coward, seconded by Com. Lewis to approve the minutes of the meeting held September 12,2000; and, upon roll call, motion carried unanimously with Com. Hutchinson abstaining due to the fact she was not present at last weeks meeting. 2. PROCLAMA TION/PRESENT A TIONS None 3. GENERAL PUBLIC COMMENTS Mr. Gerald Koklinski, , area resident addressed the Board regarding the scheduled meeting concerning the Port on September 29,2000. Mr. Koklinski distributed a consultant report from the consultant who did the Charette. Mr. Benjamin W. Minus, 3901 Avenue S., addressed the Board regarding the right of way in his area and the fact that the trees are growing into the street which causes a problem for motorists. Mr. Charles Grande, Hutchinson Island resident addressed the Board regarding the Expressway Authority's cancellation of next month's meeting and also their lack of interest in their part concerning the suit against 4 citizens. Mr. Billy Johnson, White City resident, addressed the Board regarding the Midway Road railroad train problem. . There are too many trains going through the area during rush hour causing a tremendous traffic back up in the area. He asked if anything could be done so that the train cars do not come through the area during the busy time. -1- ~ "'-' The County Attorney stated the would contact Rinker and the train authority to see what if anything can be done. 4. CONSENT AGENDA (1-043) It was moved by Com. Barnes, seconded by Com. Lewis, to approve the Consent Agenda minus item C-9B which deletes the additional requested Board meeting on January 30, 2001 however, to include the Additions as amended; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 51. 2. COMMUNITY SERVICES Contract Approval/Resolution No. 00-204- The Board approved the contract with the State of Florida Department of Health for the operation of the Health Department, approved the resolution approving the schedule of fees and authorized the Chairman to sign all documentation. 3. PURCHASING .~'....... A. RFP No. 00-066- Professional Engineering Services Bridge Evaluation and Design- The' Board approved the following ranked short list: 1) Kimley Horn & Associates 2) Jenkins & Charland, Inc. 3) American Consulting Engineering, PLC 4) Kisinger Campo & Associates Corp. And granted permission negotiate with the top two ranked firms. The contracts will be brought back to the Board for approval. B. Bid No. 00-073/Replacement Lamps for Ballfields- The Board approved awarding the bid to the low bidder, Tramco, in the amount of $27.50 each and authorized the expenditure of up to $20,000 for the lamps. C. Sole Source Purchase- The Board approved the sole source purchase for courtroom sound equipment with Business Information Systems, Inc., and authorized the Chairman to sign the contract as prepared by the County Attorney. 4. INVESTMENT FOR THE FUTURE Bid No. 00-085/Cement Base for Outdoor Batting Tunnels- The Board approved awarding the bid to the low bidder, David Mann Construction, in the amount of $34, 950 and authorized the Chairman to sign the contract as prepared by the County Attorney. 5. PUBLIC WORKS A. Academy Drive MSBU- The Board approved the Interlocal Agreement with Ft. Pierce Utilities Authority and the City of Fort Pierce to provide potable water to Academy Drive and authorized the Chairman to sign the agreement. -2- '-" ....." B. Final Payment- The Board approved an additional $2,000 to the final payment to David Mann Construction, bringing the total to $25,273.70 for the North AlA Sidewalk/Bike Path Project. . C. South County Regional Sports Stadium- The Board approved awarding a contract to Contract Connection, Inc., in the amount of$49,119.76 for a bathroom facility at the South County Regional Sports Stadium. 6. COMMUNITY DEVELOPMENT A. Request for Exemption/Clayton A. Bennett, P.E. Fleis & Bennett Engineering, Inc.- The Board approved the request of Clayton A. Bennett, P .E. 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 for the Ocean Pearl- Major Site Plan. B. Community Development Department Digital Imaging Project- The Board approved the Project, and authorized the carryover of all project funds to the 2000/2001 fiscal year. 7. MANAGEMENT/BUDGET A. Grant Application- The Board approved the submission of a FY2001 Local Law Enforcement Block Grant Program application on behalf of the St. Lucie County Sheriff s Office, and authorized the County Administrator to sign the application. -'"-''.''''' B. Teen Courts Grant- The Board approved the awarding of the grants from the Court Administrator's Teen Court special revenue fund. 8. PUBLIC SAFETY Resolution No. 00-207- The Board approved the resolution and the application for an EMS Grant from Health and Rehabilitative Services Office of Emergency Medical Services to expand pre-hospital emergency medical services in St. Lucie County, and authorized the Chairman to sign the application. 9. ADMINISTRATION Meeting Changes for December 2000 and January 2001- The Board approved staffs recommendation to change the following meetings: a) the December 26,2000 and January 2,2001 BCC meetings are cancelled. b) the requested additional meeting for January 30, 2001 has been deleted due to the fact Com. Coward will not be available. c) the January meeting on the 9th and the 23rd are now scheduled at night meetings beginning at 7:00 p.m. d) the January meetings on the 16th be scheduled as day meeting to begin at 9:00 a.m. A-I. Permission to Advertise- The Board granted permission to advertise a public hearing for Budget Amendment No. 00-210 to reflect the budget transfer from the General Fund to the MSBU Revolving Loan Fund. -3- '-" 'w1ftI' A-2 COMMUNITY DEVELOPMENT County Incentive Grant- The Board approved directing the County Administrator to respectfully notify Martin County that we cannot submit the requested County Incentive Grant application for the purpose of accelerating the construction of an interchange with the Florida Turnpike at Becker Road at this time. Com. Barnes stated he felt the State should be seeking State dollars for the Turnpike Interchânge rather than local dollars and asked this language be placed in the letter rather than saying the county is not interested. The County Attorney stated the direction was that the County Community Development Department place in the letter in planning terms that they pursue a request for state funding together with Martin County. REGULAR AGENDA 5. COUNTY ATTORNEY (1-800) A. Ordinance No. 00-06/0ccupational License Tax- Consider staff recommendation to adopt the ordinance to amend the County's occupational license tax regulations in an effort to conform the regulations to current state law and to establish a more uniform fee. ..,~ The Board discussed the use of the funds and how much flexibility the Board has on the use of the fees collected. The County Attorney suggested the added language expanding the uses of the funds making it clear the Board has more flexibility. He suggested deleting the words "an organization or agency designated by the Board to oversee", and add, " to implement a comprehensive economic development strategy as determined by the Board". The Board concurred. It was moved by Com. Lewis, seconded by Com. Coward to approve Ordinance No. 00-06 to include the changes; and, upon roll call, motion carried unanimously. B. Ordinance No. 00-15/Regulations Governing Use of Properties Owned of Leased by the County- Consider staff recommendation to adopt Ordinance No. 00-15. It was moved by Com. Coward, seconded by Com. Lewis, to approve Ordinance No. 00-15; and, upon roll call, motion carried unanimously. C. Ordinance No. 00-08/Animal Licensing- Consider staff recommendation to not consider the ordinance at this time, and direct staff to re-advertise at a later date. No action required, this Ordinance has been withdrawn until more information is obtained. D. Ordinance No. 00-031-Legislative- FireÆMS Protection Impact Fees- Consider staff recommendation to approve Ordinance No. 00-031 (this is the second public hearing). It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Ordinance No. 00- 031; and, upon roll call, motion carried unanimously. -4- '-' -'" E;. Ordinance No. 00-032-Legislative- Road Impact Fees- Consider staff recommendation to approve Ordinance No. 00-032. This is the second public hearing. It was moved by Com. Hutchinson, seconded by Com. Coward to approve Ordinance No. 00- 032; and, upon roll call, motion carried unanimously. F. Ordinance No. 00-033-Legislative- Public Buildings Impact Fees- Consider staff recommendation to approve Ordinance No. 00-032. This is the second public hearing. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Ordinance No. 00-033; and, upon roll call, motion carried unanimously. G. Ordinance No. 00-034- Legislative- Parks Impact Fees- Consider staff recommendation to approve Ordinance No. 00-034- This is the second public hearing. It was moved by Com. Coward, seconded by Com. Barnes, to approve Ordinance No. 00-034; and, upon roll call, motion carried unanimously. H. Ordinance No. 00-014- Library Impact Fees- Consider staff recommendation to approve Ordinance No. 00-014- This is the second public hearing. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Ordinance No. 00- 014; and, upon roll call, motion carried unanimously. I. Resolution No. 00-123/John Davis- Consider staff recommendation to approve the resolution granting a Conditional Use Permit and Minor Site Plan Approval to allow a 200 sq. ft., addition and two gas pumps to an existing 600 square foot convenience store in the CN Zoning District. Mr. Bill Mathers, representing the petitioner addressed the Board on this issue. The Board expressed their concerns regarding the water wells in the area. Mrs. Jefferson Swope, Paradise Park resident, addressed the Board in opposition to this item due to the fact she felt there already was one gas station in the area and also it would cause more problems than they already have in the area with unsightly people congregating around the convenience store selling drugs. Rev. Bob Anderson, addressed the Board in opposition to this permit. Mrs. Ivy Williams addressed the Board in opposition to the permit. The homeowners are trying to clean up the neighborhood. She is opposed to having a gas station directly in front of her home. Ms. Josephine Magnol, area resident, addressed the Board in opposition to this permit. Mr. John Davis, petitioner addressed the Board and stated he was attempting to improve the property and he is not aware of any drugs being sold on his property, however, he is aware of them being sold on the east side of the street. Com. Coward expressed his concern with the absence and lack of knowledge and information regarding any state requirements for distance from residential homes. Com. Hutchinson expressed her concern regarding the water wells and possible future problems which may occur. -5- '-' 'w#lÍ The Asst. Community Development Director advised the Boa,.rd that to his recollection, there are no regulations in existence that he is aware of, where it governs or affects a particular distance requirement. Com. Coward stated he felt this was too much of an intrusive use for the neighborhood especially since there was a gas station already in the area and he felt this one would be in close proximity to the residential area and their wells. He could not support this measure. Coin. Coward also stated he would like to work with Mr. Davis to allow him to work on his ; property and put in some type of a less intrusive use. Com. Lewis concurred with Com. Coward and stated she also felt these pumps would be too close to a residential area. Both Com. Lewis and Com. Coward advised the Board that they had earlier conversations with a resident in the area. It was moved by Com. Coward, seconded by Com. Lewis, to deny Resolution No. 00-123 for the reasons as stated earlier, incompatibility with the surrounding land use, particularly the residential areas to the southwest and his concerns with the public health related issues with the wells; Com. Barnes asked that Mr. Davis come back with a more compatible use for his property and the neighborhood; and, upon roll call, motion carried unanimously. J. Resolution No. 00-127- Carol and Jane Collins- Consider staff recommendation to approve the resolution changing the zoning from RS-2 to AG-1 Zoning District. Mr. Carol Collins, petitioner, addressed the Board on this issue. It was moved by Com. Barnes, seconded by Com. Coward, to approve Resolution No. 00-127; and, upon roll call, motion carried unanimously. K. Resolution No. 00-1 28/Mary Knott- Consider staff recommendation to deny the resolution changing the zoning from RS-2 to A-I zoning district. Ms. Knott, petitioner, addressed the Board on this issue. Com. Coward requested Ms. Knott be advised of the next steps she is to take regarding her request. It was moved by Com. Coward, seconded by Com. Lewis to approve Resolution No.00-128; and, upon roll call, motion carried unanimously. PUBLIC WORKS(1-2922) L. Unsafe Building/ 623 Russ Road, Fort Pierce, Fla. Consider staff recommendation pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie county Code of Ordinances and Compiled Laws, to enter an order to repair or demolish the building located at 623 Russ Road by December 31, 2000 and if the building is not repaired or demolished by that date, the County shall demolish the building and assess the entire cost against the real property where the building is located. Com. Hutchinson requested that the process be started earlier so that it does not take so long and these hazardous buildings are not standing for over I year. -6- '-' .....,,- The Public Works Director advised the Board of the fairness ~ssue they follow regarding fire victims, however, with Board direction they could start the condemnation process earlier. Com. Hutchinson stated she did not wish to go after someone who was down on their luck, however, there is a safety issue with these structures being permitted to remain in these conditions for a long period of time. She is concerned with structures other than those affected by fires that remain standing for too long. . It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. 6. COMMUNITY DEVELOPMENT(I-3383) A. Request for Waiver /Robert Wilson- Consider staff recommendation to approve the request of Robert Wilson for a waiver from Section 07.101 1 (A) St. Lucie Land Development Code, which requires a minimum distance between an establishment that sells alcoholic beverages and a religious facility, school, public park or playground. It was moved by Com. Barnes, seconded by Com. Coward, to approve this request; and, upon roll call, motion carried unanimously. B. Resolution No. 00-121- Cold Air Distributors/ R.K. Davis- Consider staff recommendation to approve the resolution granting a Major Adjustment to an existing Major Site Plan for the construction of an 88,875 square foot addition for the project ............ known as Cold Air Distributors. .. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve Resolution No. 00- 121; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY(1-3539) Bear Point- Consider staff recommendation to approve the proposed Bear Point Mitigation Bank Agreement with the Daggett Family and the Koblegard Family, and authorized the Chairman to sign the agreement. The County Attorney addressed the Board on this issue and advised the Board what the county would achieve. The County Attorney requested the appraiser of the property/s to address the Board and for the record to answer 2 questions. First, the question relates to the appropriateness of using the value and use methodology on the project. It is an unusual methodology. Also, he asked if it was appropriate under the circumstances, in view of the risks involved to the property owners, that they achieve the land value of2.3 plus the 25% profit and if he feels this is reasonable under the circumstances. Mr. Boyle, the appraiser, stated when they did a cost approach and as with any real estate venture of any type, where there is capital investment whether it be property or cash, an entrepreneur is entitled to a profit, so the answer to the profit question is "yes". Secondly, the question on value and use, the value and use represents the value to a specific property, in this case, St. Lucie County already has a vested interest in the property through the use of it with Mosquito Control, what they did was, when they looked at it, they looked at the cost that they would incur to continue to maintain the property and it's basically sunk dollars, so, looking at from a value and use situation, it was a very legitimate way of approaching the value of the property. If you look at it from a cash flow standpoint, it all makes sense. -7- "w" ." ....... The County Attorney stated, this would generate for the property owners, 2.9 million plus or mInus, which would be the value and the use making it the 2.3 plus the 25% profit. The County would receive approximately $670,000' which would totally cover our costs to operate and maintain the marsh. Com. Bruhn questioned why the cost would increase and if the property owners could file suit. The County Attorney addressed Com. Bruhn's question and alluded to the agreement, page 4 under the Management Committee, last paragraph. The Mosquito Control Director advised the Board that their actual share would be $823,000 given the $74,000 cap on the share. He stated the dollars according to the analysis would pay for all the construction, monitoring and future maintenance costs at $30,000 per year, if the credits were sold within a 5 to 7 year period and the money escrowed. Com. Coward questioned the up front money needed. Mr. Bob Waite, Waite Environmental addressed Com. Coward's questions and the credits. Mr. Koblegard stated it would be approximately $500,000 for the up front construction, maintenance, monitoring of the mitigation bank for five years if at the $74,000 figure, the credits were sold, based on what the Mosquito Control Director said, the county would make a littl~...... over $800,000 which meant the county would be $300,000 above the actual 5 year cost; they ask ,- that if the county for some reason sold the credits high and made a profit at that point, they thought it would be reasonable the county consider anything over be divided in some fashion. Com. Coward stated he felt that the county was not really going to make money he felt that the way the deal is structured, the county is taking a bare minimum and the land value appraisal approach is more than 5 times the fair market value and gives them another 25% premium profit on top of that, he felt this was more than a reasonable offer. Com. Barnes stated that he did not necessarily disagree with Com. Coward's comments, however, he sees it as, the county is acquiring an important piece of the blueway at basically no cost to the taxpayers what so ever and he would not have an objection to the landowners making a good profit, however, he is concerned with the figures since things usually cost more than what they say and he would not want to base any future profits on the figures used for construction and maintenance incase these figures come in higher. Com. Bruhn concurred with Com. Barnes. The Board continued to discuss this issue further. The County Attorney suggested the Board go ahead and approve the agreement as it is drafted ." with the idea and the direction to staff to attempt to negotiate a fair and equitable split an bring it back to the Board as an amendment. The property owners acknowledged this would be acceptable to them. It was moved by Com. Barnes, seconded by Com. Lewis, to approve the proposed mitigation agreement as drafted, with the direction to staff to negotiate with the property owners on their proposal for a 50/50 split above the amount that would be generated for the $74,000 credit and bring it back to the Board for further discussion an action; and, upon roll, motion carried unanimously. -8- ~ ...."" 8.' AIRPORT(2-1061) Web Site Capital Request- Consider staff recommendation to approve the proposal and capital request in the amount of$15,490 for the purchase and installation of web cameras, a video server, transmitter, continuous loop recorder, and associated network equipment. This web cam system will allow real time imaging of aircraft activity at St. Lucie County International Airport for placement on the County's web site to act as a deterrent to late night touch and go operations and to enhance public awareness of Airport operations. Com. Coward stated he would like to see the system which was previously approved put into place will help us get a better handle on these evening flights and based on that information and any further complaints received, then if we feel we need to put in more visual monitoring then he would be more apt to support it. Mr. Ed Dannaman, addressed the Board regarding the video set up and asked how they could get pictures at night. The Asst. IT Director addressed Mr. Dannaman's questions. Com. Hutchinson would like to have the opportunity to see how this type of equipment works at other airports and since there are two Commissioners going to a conference with the F AA~he would like to have the opportunity to talk with them at length to see if there is something bettèi' so at this time she would not be in favor of staff recommendation. It was moved by Com. Barnes, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, the vote was as follows: Nays; Coward, Hutchinson, Barnes, Bruhn; Aye: Lewis; motion denied by a vote of 4 to I. There being no further business to be brought before the Board, the meeting was adjourned at 9:20 p.m. Chairman Clerk of Circuit Court -9- y "'" NOTICE THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS WILL HOLD A SPECIAL MEETING TOMORROW, SEPTEMBER 29TH AT 9:15AM, PRIOR TO THE MEETING ON THE PORT, AT THE BOCC COMMISSION CHAMBERS, 2300 VIRGINIA AVENUE, FORT PIERCE, FLORIDA TO DISCUSS WHETHER TO ACCEPT A GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $1,084,579.00 TO CONSTRUCT, MARK AND LIGHT TAXIWAY A- 3 (PHASE 1) AND REHABILITATE AIRFIELD SIGNAGE. THE GRANT HAS AN APPROVAL DEADLINE OF SEPTEMBER 29, 2000. '" ~ www.stlucieco.gov SPECIAL MEETING AGENDA September 29,2000 9:15 A.M. 1. AIRPORT Federal Aviation Administration (FAA) Grant - Consider staff recommendation to approve the grant offer in the amount of $1,084,579.00 from the Federal Aviation Administration (FAA) as the federal share for funding the Construct, Mark, and Light Taxiway A-3 (phase 1) Project, and the Rehabilitate Airfield Signage Project at St. Lucie County International Airport. AprJ m (ff d L/--O (!ffi(/¡:5~) - I St_ {tLLkÞì L~1 'oúYU Lnd - Clef{ &rrwLJJ Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462- 1428 prior to the meeting. ~ -...."J ITEM NO. 1 DATE: September 29,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ ] SPECIAL [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Approve the grant offer of$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. AGENDA REQUEST BACKGROUND: On March 28,2000, the Board approved the submittal of the St. Lucie County International Airport Joint Automated Capital Improvement Program to the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). Two of the projects submitted were for the construction of taxiway A-3 (phase 1), and the design and construction of airfield signage at the Airport. The funding requests to the regulatory agencies were approved by the Board and are depicted in the table on the attachment. FUNDS AVAILABLE IN ACCT#: Matching funds are available in 140-4220-56300-400 (Airport Improvements Other than Buildings) PREVIOUS ACTION: Board approved the submittal of the capital projects, grant applications, and design scope of work for each project. RECOMMENDATION: Staff recommends that the Board approve the grant offer of$1,084,579 from the Federal Aviation Administration (FAA) as the federal share for the construct, mark, and light taxiway A-3 (phase 1) project, and the rehabilitate airfield signage project at St. Lucie County International Airport and authorize the Chainnan to sign the grant offer. COMMISSION ACTION: [ ]APPROVED [ ]DENIED [ ]OTHER: CONCURRENCE: Reviews & Approvals County Attorney: Originating Dept: Finance:(Check fo Purchasing Other: OMB Other: , if applicable) '--" "-tÎ' STAFF REPORT from St. Lucie County International Airport To: Board of County Commissioners Paul A. Phillips, Airport Director September 28, 2000 Taxiway A-3, Airfield Signage From: Date: Subject: 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 Administration (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 $25,783.74 $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 $401,195.13 $361,075.62 $20,059.76 $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$1,084,579 £fom the Federal Aviation Administration (FAA) as the federal share for the construct, mark, and light taxiway A-3 (phase 1) 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 from 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: (407j..812-6978 HECEIVED September 18, 2000 ..' <.J' .._v Mr. Paul A. Phillips Airport Director St. Lucie County International Airport 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 AIRPORT St LUCIE COUNTY, FLORIDA 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 nota 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. Sincer~~ Jf. Ju--- W. Dea Stringe Manager 3 Enclosures cc: M. Thys. FDOT/4 PARTNERS IN CREATING TOMORROW'S AIRPORTS )-} · ~ '-' -.....I ~ GRANT AGREEMENT U. S. Department of Transportation Federal Aviation Administration Date of Offer: September 18,2000 Project Number: Contract Number: Recipient: Airport: 3,12-0023-2000 DTFA 06-00·A·80155 St. Lucie County Pert ¡lid ^irport ^ytRQrity (Herein called "Sponsor") St. Lucie County International Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety percent (90%) of the allowable costs incurred in accomplishing the project consisting of the following: "CONSTRUCT, MARK, AND LIGHT TAXIWAY A,3 (PHASE 1); REHABILITATE AIRFIELD SIGNAGE" as more particularly described in the Project Application dated September 14, 2000. 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., onstituting the contractual obligations and rights of the United States and the Sponsor. (; 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 Accepting Airport Improvement Program Grants" dated September 1, 1999. Executed this _ day of (Seal) ,20 Name of Sponsor Attest Signature of Sponsor's Designated Official Representative 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 have 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 representative 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 and 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 Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. ~ ....., ITEM NO. 1 DATE: September 29, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ ] SPECIAL [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Approve the grant offer of$1,084,579 from the Federal Aviation Administration (FAA) as the federal share for the construct, mark, and light taxiway A-3 (phase I) project, and the rehabilitate airfield signage project at St. Lucie County International Airport. AGENDA REQUEST BACKGROUND: On March 28,2000, the Board approved the submittal of the St. Lucie County International Airport Joint Automated Capital Improvement Program to the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). Two of the projects submitted were for the construction of taxiway A-3 (phase I), and the design and construction of airfield signage at the Airport. The funding requests to the regulatory agencies were approved by the Board and are depicted in the table on the attachment. FUNDS AVAILABLE IN ACCT#: Matching funds are available in 140-4220-56300-400 (Airport Improvements Other than Buildings) PREVIOUS ACTION: Board approved the submittal of the capital projects, grant applications, and design scope of work for each project. RECOMMENDATION: Staff recommends that the Board approve the grant offer of$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 and authorize the Chainnan to sign the grant offi Reviews & Approvals County Attorney: Originating Dept: Finance:(Check fo OMB Other: , if applicable) NCE: COMMISSION ACTION: [~APPROVED [ ]DENIED []OTHER: 4-0 (Lewis Absent) ~.A----- Purchasing Other: .......' ...."., www.stlucieco.gov SPECIAL MEETING AGENDA September 29,2000 9:15 A.M. 1. AIRPORT Federal Aviation Administration (FAA) Grant - Consider staff recommendation to approve the grant offer in the amount of $1,084,579.00 from the Federal Aviation Administration (FAA) as the federal share for funding the Construct, Mark, and Light Taxiway A-3 (phase 1) Project, and the Rehabilitate Airfield Signage Project at St. Lucie County International Airport. 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 prior to the meeting. ~ 'wi STAFF REPORT from S1. 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 Administration (F AA) provides the 90% federal share and allows the Airport to complete the two projects. Rebibilitate 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 $25,783.74 $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 $401,195.13 $361,075.62 $20,059.76 $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 $1,084,579 rrom the Federal Aviation Administration (FAA) as the federal share for the construct, mark, and light taxiway A-3 (phase 1) 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 from FDOT, however it is not FAA grant eligible. Therefore the project reflects $0 federal funds. '-' 'wi ~ 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: (407J.ß12-6978 HECEIVED September 18, 2000 ~. <Jc -' ..iv Mr. Paul A. Phillips Airport Director St. Lucie County International Airport 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 AIRPORT 8T. LUCIE COUNTY, FLORIDA 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. sincer~i~ ie~~;; Manager 3 Enclosures cc: M. Thys, FDOT/4 PAR TN E R 5 I N eRE A TI N G TOM 0 R ROW' 5 A I R P 0 R T 5 >-} · . '-' .....,I ~ GRANT AGREEMENT u. S. Department of Transportation Federal Aviation Administration Date of Offer: September 18, 2000 Project Number: Contract Number: Recipient: Airport: 3,12-0023-2000 DTFA 06-00-A·S0155 St. Lucie County ~rt :a¡¡d A irp(1rt ^ utl!9rity (Herein called "Sponsor") St. Lucie County International Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety percent (90%) of the allowable costs incurred in accomplishing the project consisting of the following: "CONSTRUCT, MARK, AND LIGHT TAXIWAY A,3 (PHASE 1); REHABILITATE AIRFIELD SIGNAGE" as more particularly described in the Project Application dated September 14, 2000. 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., onstituting the contractual obligations and rights of the United States and the Sponsor. ~ 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 Accepting Airport Improvement Program Grants· dated September 1, 1999. Executed this _ day of (Seal) ,20 Name of 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 have 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 representative 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 and 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 Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. '-" ~ SEPTEMBER 26, 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. PUBUC 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 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, whewissues 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 dearly 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. PUBUC 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 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. 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 Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 BOARD OF COUNTY COMMISSIONERS -, AGENDA September 26, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES A. Approve the minutes of the meeting held September 19, 2000. A1'prN~ c. Approve the minutes of th1 Tentative Budget Public Hearing held September 7, 2000. ApP(ð\/I£~ Approve the minutes of the Final Budget Public Hearing held September14, 2000. f1pP(ð\¡~' PROCLAMATION/PRESENTATION B. 2. 3. A. Resolution No. 00-191 - Proclaiming the week of October I, 2000 through October 7, 2000, as "Mental Illness Awareness Week" in St. Lucie County, Florida.,.) firproved..... B. Martin County Resolution No. 00-6.12 and Mission Statement - Creating the County Coalition for Responsible Mana~e:nent of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries. mruVe& GENERAL PUBLIC COMMENT CONSENT AGENDA ftpprol./d . 4. Pdd,~(j()- Îf"¿e~ 4fprow& fJ#I ~rd¿ rJ~-f1!~ !::qlap ;&qLW~ {l~{Jff2e úo-'!l-¡q:; W (N/1U/JðJlp'50 ~~~ 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 ofthe proceedmgs and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any lIarty to the proceedings, individuals testifying during a hearing will be sworn in. Any paTh' to the proceedings will be granted tbe opportunity to cross-examine any indivIdual testifying during a hearing upon request. Anyone with a disabi.lity requiring accommodation to attend this meeting should contact the St. Lucie County Community ServIces Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior to the meeting. ----~ '-' ~ REGULAR AGENDA SEPTEMBER 26,2000 PAGE TWO PUBLIC HEARINGS Resolution No. 00-209 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. 5B. Resolution No. 00-210 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves through the MSBU Revolving Loan Fund and into the Raintree Forest MSBU Project Fund. fWprõvttl 6. UTILITIES !+pp(l}vtd a5 a¡1l1et'I11r1 Bulk Water Purchase Agreement - Consider staff recommendation to approve the agreement for the bulk purchase of water for the North Hutchinson Island District with the Fort Pierce Utility Authority consistent with the terms set forth in the agr~rI1JJent ~~Jauthorize tþe Chairman to execute the agree~ent. . ø /1 ' ...L /min{,'uo ·m /i-dt{ ; -rt\1fL uJ II! æ, ýlc; ~cdl(Jf)dtuw!j.jA¿ -¡eft) Of-pu¿ agwzM-M . 7. COUNTY ATT8RNEY . A. Interlocal Agreement - Consider staff recommendation to approve the Amended and Restated Interlocal Agreement with the School Board for the Joint Use Library at Morningside Branch. !ÞPI?il¿cL B. Resolution No. 00-212 - Consider staff recommendation to adopt the resolution, as drafted, for th~~stglen ¥SBU Financing. (ï ¡/f!m (/ ¿cL c. Resolution No. 00-213 - Consider staff recommendation to adopt the resolution, as drafted, for the Ideal Holding Road MSBU Financing. ppfJrdltd. ADMINISTRATION ... 8. A. Tourist Development Council - Consider staff recommendation to appoint one (1) member to the Tourist Development Council. This item has been rescheduled from September 12, 2000. ~Uì t1z-un y~ 3- ¿ Huk~ B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. ~ (15 €){v\fJf) '-" ....", CONSENT AGENDA September 26. 2000 1. WARRANTS LIST Approve warrants list No. 52 2. LEISURE SERVICES A. Sole Source Providers - Consider staff recommendation to approve Callaway Golf Clubs/Accessories, Taylor-Made Golf Clubs/Accessories, Titlelist Golf Division and Spalding Worldwide Sports as a sole source provider for their respective brand of merchandise and approve a purchasing level of not more than $25,000 for each declared sole source provider for October 1, 2000 through September 30,2001. B. Resolution No. 00-203 - Consider staff and Recreation Advisory Board recommendation to approve the resolution establishing a rates and fee schedule for fiscal year 2000-2001 for the St. Lucie County Fairwinds Golf Course. C. Dollman FRDAP Grant Extension - Consider staff recommendation to approve the extension and authorize the Chairman to sign the extension. D. South County Regional Stadium - Consider staff recommendation to approve the request to piggyback off the School District of Osceola County's contract for the purchase of the multi-use transportable bleachers using Century Industries as the manufacturer. 3. MANAGEMENT AND BUDGET Budget Resolution No. 00-208 - Consider staff recommendation to approve the budget resolution acknowledging FEMA/FDCA reimbursements for small projects included in th¿ disaster relief claim related to the Hurricane Floyd damage. 4. COUNTY ATTORNEY A. Contract Amendment - Consider staff recommendation to approve the First Amendment to the February 1, 1999 Agreement with Manpower Staffing Services, Inc., and authorize the Chairman to sign the amendment. B. Permission to Advertise / Notice of Intent to Abandon - Consider staff recommendation to grant permission to advertise the Notice of Intent to Abandon a portion of the right-of-way of St. James Drive along the frontage of Faith Tabernacle, authorize the Chairman to execute the Abandonment Petition and proceed with the Abandonment Petition. C. Resolution No. 00-214/ Quit Claim Deed - Consider staff recommendation to accept the Quit Claim Deed from the North St. Lucie River Water Control District, authorize the Chairman to execute the resolution, and instruct staff to record Resolution No. 00-214 and the Quit Claim Deed in the Public Records of St. Lucie County, Florida. ........ ..."" CONSENT AGENDA SEPTEMBER 26, 2000 PAGE TWO 5. MOSOUITO CONTROL Queens Island Acquisition / Phase II - Consider staff recommendation to approve the Agreement for Sale for Kingsgate Properties, Inc. a Florida Corporation, Tract NO.1 00-019 in Phase II, and commit County Environmentally Sensitive Land Funds estimated at $22,004 (+/-) in land costs, as well as the County percentage share of the pre-acquisition costs, as set forth in the Acquisition Ownership Agreement. 6. PUBLIC WORKS A. Lennard Road Phase II / Work Authorization No.8, 9. And 10 - Consider staff recommendation to approve the work authorizations to the agreement for Engineering Services with Culpepper and Terpening Inc. for Final Engineering Design Services including Environmental Permitting, in the amount of $294,870, subject to availability of funds from the MSBU Line of Credit, and authorize the Chairman to execute the work authorizations. B. Lennard Road Phase II / Work Authorization No. 11 - Consider staff recommendation to approve the work authorization to the agreement for Engineering Services with Culpepper and Terpening Inc. for Surveying services, and authorize staff to commence land acquisition proceedings within the MSBU for the ultimate segment of the roadway as set forth in the budget, in the amount of $175,680. C. Final Plat Approval / Riverpointe at the Sands - Consider staff recommendation to approve the final plat for the subdivision to be known as Riverpointe at the Sands, Phase I, and authorize staff to proceed with its final processing. .<.J 7. COMMUNITY DEVELOPMENT A. Coastal Management Program - Consider staff recommendation to authorize the County Administrator to sign two grant applications and authorize submission of the applications to the Department of Community Affairs Coastal Management Program for improvements at South Causeway Island Park and Frederick Douglas Beach Park. B. Manatee Protection Plan - Consider staff recommendation to authorize the Chairman to sign the grant contract between St. Lucie County and the Florida Fish and Wildlife Conservation Commission to complete the St. Lucie County Manatee Protection Plan, and authorize staff to advertise for outside consultants to complete the plan. C. Contract Amendment - Consider staff recommendation to approve the amendment to the first contract with Eller Media, Inc. to extend the term through and including March 8,2001, and to clarify the contract to reflect that the advertising project's annual expenditures will not exceed $27,000, the amount originally approved by the Board. '-' ...."., CONSENT AGENDA SEPTEMBER 26,2000 PAGE THREE 7. COMMUNITY DEVELOPMENT (CONTINUED) D. Authorization for Land Purchase - Consider staff recommendation to authorize the County Attorney's office to move forward with negotiations to purchase the 12.32 acre parcel within the North Fork of the St. Lucie River CARL/SOR proj ect from the Atlantic Gulf Communities Corp. and seek reimbursement from the State of Florida Conservation and Recreational Lands. E. Authorization for Land Purchase - Consider staff recommendation to authorize the County Attorney's office to move forward with negotiations to purchase the 11 acre Lepore parcel within the North Fork of the St. Lucie River CARL/SOR Project and seek reimbursement from the State of Florida Conservation and Recreational Lands and the South Florida Water Management District Save Our Rivers Programs. 8. PUBLIC SAFETY Maintenance Agreement Renewal- Consider staff recommendation to approve the renewal ofthe Dictaphone agreement from October 1, 2000 through September 30, 2001, and authorize the Chairman to sign the agreement. 9. PURCHASING A. Bid Waiver - Consider staff recommendation to approve the bid waiver and sole source declaration for the repair and parts for Caterpillar to Kelly Tractor and for Rex and Volvo to L. B. Smith. B. Bid No~' 00-093 - Consider staff recommendation to award the bid to remodel the ADA bathrooms at the Lawnwood Complex to the low bidder, Chuck Enns Construction Co. Inc., in the amount of $35,950, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. RFP #00-062 /professional Engineering Services for Coastal Engineering - Consider staff recommendation to approve the ranked shortlist as follows: 1. Taylor Engineering, Inc. 2. Coastal Planning & Engineering, Inc. 3. Coastal Technology Corporation 4. Applied Technology and Management, Inc. and grant permission to negotiate with the top two ranked firms. The contracts will be brought back to the Board for approval. " . '-" .."".., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA September 26,2000 A. Approve the minutes of the meeting held September 12, 2000. Approve the minutes of the Tentative Budget Public Hearing held on LM(J, (òN& September 7, 2000. IJf (fpp(OJ~ 1. MINUTES B. C. Approve the minutes of the Final Budget Public Hearing held on September 14, 2000. kpp~ GENERAL PUBLIC COMMENT 2. \\ ~ } PUBLIC HEARING \\~~AGEMENT AND BUDGET \ 3A. Resolution No. 00-007 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. .w CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 51, and No. 52 W(J'(O!J 2. MANAGEMENT AND BUDGET Budget Resolution No. 00-06 - Consider staff recommendation to approve the budget resolution acknowledging FEMA/FDCAreimbursements for the small projects included in the disaster relief claim for Hurricane Floyd damage. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board atthese meetings will need a record ofthe proceedings and for such purpose may need to ensure that a verbatim record ofthe proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an 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 to the meeting. .i .. ~ '.." MOSQUITO CONTROL DISTRICT CONSENT AGENDA SEPTEMBER 26, 2000 PAGE TWO 3. COUNTY ATTORNEY Bear Point - Consider staff recommendation to approve the proposed Bear Point Mitigation Bank Agreement with the Daggett Family and Koblegard Family, and authorize the Chairman to sign the agreement. .-J. ....., ......, ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA September 26, 2000 1. MINUTES C. Approve the minutes of the Final Budget Public Hearing held on Septembe 14, 2000. 2. GENERAL PUBLIC COMMENT ~ ~ A. Approve the minutes of the meeting held August 8,2000. B. Approve the minutes of the Tentative Budget Public Hearing held September 7, 2000. CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 46 through No. 52 W?íD0~ 2. MANAGEMENT AND BUDGET Budget Resolution No. 00-03 - Consider staff recommendation to approve the budget resolution acknowledging FEMA/FDCA reimbursements for the small projects included in the disaster relief claim for Hurricane Floyd damage. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an 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 to the meeting. '-'" ......., f SEPTEMBER 26, 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. ~ "'w1I ~ www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS -. AGENDA September 26, 2000 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES A. Approve the minutes of the meeting held September 19, 2000. B. Approve the minutes of the Tentative Budget Public Hearing held September 7, 2000. C. Approve the minutes of the Final Budget Public Hearing held September14 2000. ' 2. PROCLAMATION/PRESENTATION A. Resolution No. 00-191 - Proclaiming the week of October 1, 2000 through October 7, 2000, as "Mental Illness Awareness Week" in St. Lucie County, Florida. - B. Martin County Resolution No. 00-6.12 and Mission Statement - Creating the County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarâ at these meetings will need a record of the proceedmgs and for such purpose may neeâ to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedin2s, individuals testifying during a hearing will be sworn in. Any parh' 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) 462-14Z8 at least forty-eight(48) hours prior fo the meeting. '-' '-" i REGULAR AGENDA SEPTEMBER 26,2000 PAGE TWO PUBLIC HEARINGS MANAGEMENT AND BUDGET 5AÄ , _ Resolution No. 00-209 - Consider staff recommendation to adopt the resolution nVY amending the budget to reflect the budget transfer from the General Fund Y Reserves to Mosquito Control. 5B. Resolution No. 00-210 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves through the MSBU Revolving Loan Fund and into the Raintree Forest MSBU Project Fund. 6. UTILITIES Bulk Water Purchase Agreement - Consider staff recommendation to approve the agreement for the bulk purchase of water for the North Hutchinson Island District with the Fort Pierce Utility Authority consistent with the terms set forth in the agreement, and authorize the Chairman to execute the agreement. 7. COUNTY ATTeRNEY A. Interlocal Agreement - Consider staff recommendation to approve the Amended and Restated Interlocal Agreement with the School Board for the Joint Use Library at Morningside Branch. B. Resolution No. 00-212 - Consider staff recommendation to adopt the resolution, as drafted, for the Westglen MSBU Financing. C. Resolution No. 00-213 - Consider staff recommendation to adopt the resolution, as drafted, for the Ideal Holding Road MSBU Financing. 8. ADMINISTRATION A. Tourist Development Council - Consider staff recommendation to appoint one (1) member to the Tourist Development Council. This item has been rescheduled from September 12, 2000. B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. '-" "",. .' CONSENT AGENDA SePtember 26.2000 1. WARRANTS LIST Approve warrants list No. 52 2. LEISURE SERVICES A. Sole Source Providers - Consider staff recommendation to approve Callaway Golf Clubs/Accessories, Taylor-Made Golf Clubs/Accessories, Titlelist Golf Division and Spalding Worldwide Sports as a sole source provider for their respective brand of merchandise and approve a purchasing level of not more than $25,000 for each declared sole source provider for October 1, 2000 through September 30, 2001. B. Resolution No. 00-203 - Consider staff and Recreation Advisory Board recommendation to approve the resolution establishing a rates and fee schedule for fiscal year 2000-2001 for the St. Lucie County Fairwinds Golf Course. C. Dollman FRDAP Grant Extension - Consider staff recommendation to approve the extension and authorize the Chairman to sign the extension. D. South County Regional Stadium - Consider staff recommendation to approve the request to piggyback off the School District of Osceola County's contract for the purchase of the multi-use transportable bleachers using Century Industries as the manufacturer. 3. MANAGEMENT AND BUDGET Budget Resolution No. 00-208 - Consider staff recommendation to approve the budget resolution acknowledging FEMA/FDCA reimbursements for small projects included in th¿ disaster relief claim related to the Hurricane Floyd damage. 4. COUNTY ATTORNEY A. Contract Amendment - Consider staff recommendation to approve the First Amendment to the February 1, 1999 Agreement with Manpower Staffing Services, Inc., and authorize the Chairman to sign the amendment. B. Permission to Advertise / Notice of Intent to Abandon - Consider staff recommendation to grant permission to advertise the Notice of Intent to Abandon a portion of the right-of-way of St. James Drive along the frontage of Faith Tabernacle, authorize the Chairman to execute the Abandonment Petition and proceed with the Abandonment Petition. C. Resolution No. 00-214/ Quit Claim Deed - Consider staff recommendation to accept the Quit Claim Deed from the North St. Lucie River Water Control District, authorize the Chairman to execute the resolution, and instruct staff to record Resolution No. 00-214 and the Quit Claim Deed in the Public Records of St. Lucie County, Florida. '-' ......,. / CONSENT AGENDA SEPTEMBER 26. 2000 PAGE TWO 5. MOSOUITO CONTROL Queens Island Acquisition / Phase II - Consider staff recommendation to approve the Agreement for Sale for Kingsgate Properties, Inc. a Florida Corporation, Tract No.1 00-019 in Phase II. and commit County Environmentally Sensitive Land Funds estimated at $22,004 (+/-) in land costs, as well as the County percentage share of the pre-acquisition costs, as set forth in the Acquisition Ownership Agreement. 6. PUBLIC WORKS A. Lennard Road Phase II / Work Authorization No.8, 9. And 10 - Consider staff recommendation to approve the work authorizations to the agreement for Engineering Services with Culpepper and Terpening Inc. for Final Engineering Design Services including Environmental Permitting, in the amount of $294.870. subject to availability of funds from the MSBU Line of Credit, and authorize the Chairman to execute the work authorizations. B. Lennard Road Phase II / Work Authorization No. 11 - Consider staff recommendation to approve the work authorization to the agreement for Engineering Services with Culpepper and Terpening Inc. for Surveying services, and authorize staff to commence land acquisition proceedings within the MSBU for the ultimate segment of the roadway as set forth in the budget, in the amount of $175.680. C. Final Plat Approval / Riverpointe at the Sands - Consider staff recommendation to approve the final plat for the subdivision to be known as Riverpointe at the Sands, Phase I, and authorize staff to proceed with its final processing. ~...:. 7. COMMUNITY DEVELOPMENT A. Coastal Management Program - Consider staff recommendation to authorize the County Administrator to sign two grant applications and authorize submission of the applications to the Department of Community Affairs Coastal Management Program for improvements at South Causeway Island Park and Frederick Douglas Beach Park. B. Manatee Protection Plan - Consider staff recommendation to authorize the Chairman to sign the grant contract between St. Lucie County and the Florida Fish and Wildlife Conservation Commission to complete the St. Lucie County Manatee Protection Plan, and authorize staff to advertise for outside consultants to complete the plan. C. Contract Amendment - Consider staff recommendation to approve the amendment to the first contract with Eller Media, Inc. to extend the term through and including March 8,2001. and to clarify the contract to reflect that the advertising project's annual expenditures will not exceed $27,000, the amount originally approved by the Board. '-' ....., ( CONSENT AGENDA SEPTEMBER 26, 2000 PAGE THREE 7. COMMUNITY DEVELOPMENT (CONTINUED) D. Authorization for Land Purchase - Consider staff recommendation to authorize the County Attorney's office to move forward with negotiations to purchase the 12.32 acre parcel within the North Fork of the St. Lucie River CARLjSOR Project from the Atlantic Gulf Communities Corp. and seek reimbursement from the State of Florida Conservation and Recreational Lands. E. Authorization for Land Purchase - Consider staff recommendation to authorize the County Attorney's office to move forward with negotiations to purchase the 11 acre Lepore parcel within the North Fork of the St. Lucie River CARLjSOR Project and seek reimbursement from the State of Florida Conservation and Recreational Lands and the South Florida Water Management District Save Our Rivers Programs. 8. PUBLIC SAFETY Maintenance Agreement Renewal- Consider staff recommendation to approve the renewal of the Dictaphone agreement from October I, 2000 through September 30, 2001, and authorize the Chairman to sign the agreement. 9. PURCHASING A. Bid Waiver - Consider staff recommendation to approve the bid waiver and sole source declaration for the repair and parts for Caterpillar to Kelly Tractor and for Rex and Volvo to L. B. Smith. B. Bid No'~ 00-093 - Consider staff recommendation to award the bid to remodel the ADA bathrooms at the Lawnwood Complex to the low bidder, Chuck Enns Construction Co. Inc., in the amount of $35,950, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. RFP #00-062 jProfessional Engineering Services for Coastal Engineering - Consider staff recommendation to approve the ranked shortlist as follows: 1. Taylor Engineering, Inc. 2. Coastal Planning & Engineering, Inc. 3. Coastal Technology Corporation 4. Applied Technology and Management, Inc. and grant permission to negotiate with the top two ranked firms. The contracts will be brought back to the Board for approval. '~ ~ ¡I"~ .' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA TENT A TIVE BUDGET PUBLIC HEARING Date: September 7, 2000 Tape: 1 Convened: 5:05 p.m. Adjourned: 5:40 p.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Cliff Barnes, Doug Coward Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Pete Keogh, Interim Leisure Service Director, Bill Blazak, Utilities Director, Jim David, Mosquito Control Director, Susan Kilmer, Library Director, Dennis Williams, Undersheriff; Paul Hiott, Veteran's Services Manager, Dennis Wetzel, IT Director; Roger Shinn, Interim Central Services Manager, Jack Southard, Public Safety Director, Charlie Bicht, Purchasing Manager, Beth Ryder, Community Services Director, Marie Gouin, Interim M & B Manager; Dennis Murphy, Asst. Community Development Director, Lauri Heistermann, Deputy Clerk The Interim Management and Budget Manager made opening remarks and reviewed the agenda. Ms. Gouin gave the rolled back millage rate as it appeared on page 8 of the budget book. The rolled back millage rate is 8.4473 for next year. There is a 3.18% decrease in the aggregate millage rate. The countywide millage rate stayed the same, the aggregate millage rate decreased due to valuation. The County Administrator reviewed Memorandum No. 00-181. These items have been discussed in budget sessions, however, formal action was not taken. 1. Forensic Medical Exams- The Children's Home Society has submitted requests for . funding in the amount of $1 0, 170 to cover the cost of forensic medical exams for allegedly abused, abandoned, or neglected children. This funding is mandated by Florida Statute 39.304(5). Staff is recommending transferring $10,170 from the Hospital Medicaid account to cover these costs. . 2. Public Information Officer- The estimated annual cost for this position, including operating costs is $59,804. Staff is recommending that the necessary funding come from the following sources: Landfill ............... $ 29,902 Utilities................ $ 14,951 Airport................. 7,476 Community Develop.... 7,475 -1- '-' "'" r ", , I " The Airport funding will come from the FDOT payback account. The Community Development funding will come from the Foreign Trade Zone Professional Services Account. The Utilities funding is coming from all Utility reserves and the Landfill funding is coming from Salaries. Staff is also recommending that the Administration Building Security Officer position be reinstated in the 2000/01 budget. 3. Portable Bleachers- The shipping cost of$1,500 was not included in the budget request of $36,255. Staff is recommending the following budget changes: - Move $1,500 from grounds maintenance account to machinery and equipment account. - Increase equipment request # EQ01-111 by $1,500 to a new total of$37,755. 4. Lobbyist- In addition to the $35,000 included in the County Administrator's budge4t for. a lobbyist, staffis recommending that $20,000 be identified in the Utility Services budget for Lobbyist Services and $10,000 be identified in the Landfill budget. This makes $65,000 available for Lobbyist Services. 5. Information Technology- GIS The management study conducted by MGT of America, Inc., recommended the proper placement of GIS is within Information Technology. There are two positions in the Community Development Department that provide technical support to the county GIS computer system. The two positions will be moved into the Information Technology department. Staff recommends the reclassification of the GIS Coordinator to the GIS Manager position to reflect the increasing responsibilities as recommended per MGT Study. Staff further recommends that the transfer of$10,000 from Professional Services in the Community Development GIS to salaries. 6. South County Regional Football/Soccer Stadium- Staff recommends to increase revenues and expenses by $85,557 to pay for the debt services in this facility. These funds are coming from the School District. 7. Mosquito Control Equipment Request- Staff recommends to increase revenues and expenses by $65,000 to cover a capital lease for a new boom truck previously approved. 8. Civic Center Sign- The new sign is scheduled to be installed in September and October. Staff is recommending that we carry forward $32,000 of the $95,000 cost for the new sign and its installation. 9. Environmental Learning Center- The facility is scheduled to be completed in October. ,Therefore, we need to carry over funding for operating supplies and equipment less than $750. Staffis recommending that we carry over $25,111 to cover these costs. 10. Teen Court- The Court Administrator provided a revised budget after the Budget Workshops were completed. Small changes were throughout the budget. The Budget includes increased revenues from fines and expenses in the amount of$5,979 to cover these costs. Staff recommends increasing revenues and expenses by $5,979. 11. Road Capital Projects- A listing of Road Capital budgets was provided to be carried over to next year. Staff is recommending carrying forward to next year's budget $1,603,323 to cover these costs. 12. One Time Revenues- As has been previously stated, we used one time FPL money to balance the upcoming budget. -2- ,-,. ......, I . r"" "I' General Fund ...... ................... .......... .......$ 525,253 Fine & Forfeiture Fund .......................... $ 745,529 One Time Revenue................................ $1,270,782 Less: Budget Workshop Adjustments & Grant Adjustments ($3,000) $ 281,528 Net effect of one time revenue before Webmaster Plus Webmaster costs $ 989,254 12,485 Net effect on one time revenues Less Sheriffs 8/17/00 Budget cut (Auto-other etc) $1,001,739 78,200 Net effect of One Time Revenue................ $ 923,539 The net impact on the 2001-2002 Budget will be $923,539. The County Administrator suggested asking the Constitutional Officers participate in the Strategic Planning Session in January. Com. Coward questioned the different uses of the Fine and Forfeiture Fund. The County Attorney addressed Com. Coward's questions. PUBLIC COMMENTS Mr. Jerome Ryan, Executive Director of the Love Center Regeneration Ministry, addressed the Board and requested funding in the amount of $42,000 which is the balance ofthe prior two years commitment. '- Com. Barnes stated he did not recall a commitment, but, that funding would be considered on a year to year basis. He stated this year we would not be able to fund the Ministry due to the situation, but, that they could consider this request next year. Com. Coward stated he concurred with Com. Barnes and the fact that the county is in a difficult situation this year. There are many worthwhile non-profit organizations and he wanted to clarify that he did not make a commitment as a Board member during his time in office and that maybe this was done prior to his being elected into office. He recalls speaking with Mr. Ryan and stating the county would try to assist in any way they could. . The Interim Management and Budget Manager advised those present that the rolled back rate .w was 8.7248. At this time she read the following operating fund millages as well as the budgets. OPERATING FUNDS WITH MILLAGES: MILLAGE BUDGET General Fund Fine & Forfeiture Fund 2.8486 4.7308 47,829,894 45,350,426 -3- '-" DEBT SERVICE FUNDS: Beach Bond I & S Port I & S Environmental land I & S Communication System I & S 5 Year Building Bond I & S Jail Bond I & S Becker Road I & S Tourism Dev. 4th cent I & S OTHER FUNDS WITHOUT MILLAGES SPECIAL REVENUE FUNDS: Transportation Trust Fund Port and Airport Fund Port MSBU Grants & Donations Library Special Grants Fund Arts Special Fund Drug Abuse Trust Fund Court Facilities Capital Court Facility Trust Fund Additional Court Costs Plan Maintenance R.A.D. Court Administrator 19th Circuit Housing Finance Authority Environmental Lands Housing Assistance SHIP Program Recycling Operating Fund CAPITAL OUTLAY FUND South County Regional Stadium 5 yr. Building Bond Fund County & Transportation Capital Environmental Land Capital Beach Bond . Communication System ." Impact Fees Fund Port Development Capital SHI Wastewater Treatment Sports Complex Improvements 0.1284 0.0377 0.2500 -4- '-" r" , I " 1,237,453 564,422 4,847,219 1,027,216 4,862,255 154,613 539,475 519,231 25,828,011 6,877,188 156,165 300,480 394,209 o 18,504 469,652 600 255,400 220,000 1,217,277 31,864 60,631 1,135,000 279,999 ',~ 600,000 897,408 7,870,655 6,605,583 287,899 3,580,000 3,435,414 201,610 356,664 204,000 '-' ....., r",' I ENTERPRISE FUNDS Solid Waste Operations Golf Course Sports Complex Building Code Fund Hew Utilities No. Hutchinson Utilities No. Hutchinson Utilities Renewal/Repl. No. Hutchinson Utilities Capital So. Hutchinson Utilities Holiday Pines Operations Holiday Pines Renewal/Rep1. Holiday Pines Capital 24,141,800 1,870,243 1,454,220 1,715,800 61,241 3,103,712 371,900 1,408,400 2,316,026 1,150,850 52,850 72,631 INTERNAL SERVICE FUNDS: Automated Services Insurance & Loss Central Garage 4,067,346 . 7,646,402 1,410,701 TRUST FUNDS: Two -cent Tourist Development One cent Tourist Development Law Enforcement Trust Fund Law Library FF A Road MSBU Fund South Hutchinson Driftwood Manor King Orange MSBU Lost Tree Estates MSBU Anita Street MSBU Timberlake Estates MSBU 764,750 592,445 877,007 160,300 19,413 692,738 15,985 9,750 2,754 1,921 14,805 6.C It was moved by Com Lewis, seconded by Com. Hutchinson, to approve the millages as read and listed on the agenda; and, upon roll call, motion carried unanimously. G.D It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the budgets as read and listed on the agenda; and, upon roll call, motion carried unanimously. ." 7. MILLAGES OF THE SPECIAL DISTRICT SPECIAL DISRICTS: Street Lighting Districts: Millages Budget # 1 #2 #3 # 4 # 5 # 6 # 7 0.4189 0.6801 0.7894 0.6047 0.8245 0.5876 0.4907 39,829 8,026 3,105 6,868 6,702 7,579 1,889 -5- '-" '-" rl' , I .' #8 #9 #10 #11 #12 #13 #16 #126 1.2467 0.1920 0.1008 1.4089 0.1246 0.1012 0.6295 0.7197 10,302 10,934 2,185 1,025 13,121 3,845 10,277 1,716 7.A It was moved by Com. Hutchinson, seconded by Com. Coward to approve the millages for the Special Districts; and, upon roll call, motion carried unanimously. 7.B It was moved by Com. Barnes, seconded by Com. Coward, to approve the budgets for the Special Districts; and, upon roll call, motion carried unanimously. 8. MILLAGES AND BUDGETS OF THE MUNICIPAL SERVICE TAXING DISTRICTS Millages Budgets M.S.T.U. Unincorporated Area M.S.T.U. Stormwater M.S.T.U. Law Enforcement Monte Carlo Lighting M.S.T.U. # 4 M.S.T.U. Palm Lakes Gardens 0.3959 0.3500 0.3082 0.4734 0.3202 2,578,869 3,245,035 1,241,373 21,674 1,635 Longwood Estates M.S.T.U. The Woods M.S.T.U. Twin Oaks Trail M..S.B.U. Becker Road King Orange Paving and Drainage Lost Tree Estates Capital Fund Anita Street Capital Fund Timberlake Estates Capital Fund Treas Cove/Ocean Harbor Fund North AlA MSBU Capital Ideal Holding MSBU Capital Westglen MSBU Capital River Branch MSBU Capital Raintree Forest MSBU Capital 2,438 6,972 2,665 212,420 160 3,830 8,860 107 36,431 58,907 146,825 295,740 29,284 11,650 8.A It was moved by Com. Coward, seconded by Com. Lewis, to approve the millages and ·read and as listed on the agenda; and, upon roll call, motion carried unanimously. 8.B It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve the budgets as read and as listed on the agenda; and, upon roll call, motion carried unanimously. 1. It was moved by Com. Barnes, seconded by Com. Lewis, to approve Resolution No. 00- 201, a resolution adopting a Tentative Millage Rate for Fiscal Year 2000/2001; and, upon roll call, motion carried unanimously. -6- ~ .. '-r'. 'wi . rl", I'" 2. It was moved by Com. Lewis, secondèd by Com. Coward, to approve Resolution No. 00- 202, a resolution adopting a Tentative Budget as amended for Fiscal Year 2000/2001; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 5:40 p.m. Chairman Clerk of Circuit Court -7- .,' ... .. . 'w" ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA FINAL BUDGET PUBLIC HEARING Date: September 14, 2000 Tape: 1 Convened: 6:05 p.m. Adjourned: 6:20 p.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Cliff Barnes, Doug Coward Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator; Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Pete Keogh, Interim Leisure Service Director, Bill Blazak, Utilities Director, Jim David, Mosquito Control Director, Susan Kilmer, Library Director, Dennis Williams, Undersheriff; Paul Hiott, Veteran's Services Manager, Dennis Wetzel, IT Director; Roger Shinn, Interim Central Services Manager, Jack Southard, Public Safety Director, Charlie Bicht, Purchasing Manager, Beth Ryder, Community Services Director, Marie Gouin, Interim M & B Manager; Dennis Murphy, Asst. Community Development Director, a MifHè<-'··oH Delgado, Deputy Clerk The Interim Management and Budget Manager made opening remarks and reviewed the agenda. Ms. Gouin gave the rolled back millage rate. The rolled back millage rate is 8.7248 for next year. Ms. Gouin alluded to the attached copies of the minutes for 1998 and 1999 regarding the Love Regeneration House and their funding requests at that time. It was noted that in 1999 the Board funded some capital for the Regeneration House and they had stated they would not be back the following year for any more funding. The Board was also advised of a housekeeping issue regarding Grant Adjustments. They were advised that a vote would be needed for this item. It was moved by Com. Barnes, seconded by Com. Coward, to approve the Grant Adjustments; and, upon roll call, motion carried unanimously. The Interim Management and Budget Manager advised those present that the rolled back rate was 8.7248. At this time she read the following operating fund millages as well as the budgets. OPERATING FUNDS WITH MILLAGES: MILLAGE BUDGET General Fund Fine & Forfeiture Fund 2.8486 4.7308 47,939,334 45,350,426 -1- " . , , '--" ...., \. ~. DEBT SERVICE FUNDS: Beach Bond I & S 0.1284 1,237,453 Port I & S 0.0377 564,422 Environmental land I & S 0.2500 4,847,219 Communication Sy~tem I & S 1,027,216 5 Year Building Bohd I & S 4,862,255 Jail Bond I & S 154,613 Becker Road I & S 539,475 Tourism Dev. 4th cent 1& S 519,231 OTHER FUNDS WITHOUT MILLAGES SPECIAL REVENUE FUNDS: ~.j Transportation Tru$t Fund 26,725,844 Port and Airport F1.ind 6,877,188 Port MSBU 156,165 Grants & Donations 300,480 Library Special Grants Fund 394,209 Arts Special Fund 0 Drug Abuse Trust Fund 18,504 Court Facilities Capital 469,652 ., ;,.." .,(;.",-",~.....".~.~ Court Facility Trust Fund 600 Additional Court Costs 255,400 Plan Maintenance R.A.D. 220,000 Court Administrator 19th Circuit 1,223,256 Housing Finance Authority 31,864 Environmental Lands 60,631 Housing Assistance SHIP Program 1,135,000 Recycling Operating Fund 279,999 CAPITAL OUTLAY FUND South County Regional Stadium 600,000 5 yr. Building Bond Fund 897,408 County & Transportation Capital 8,576,145 Environmental Land Capital 6,605,583 Beach Bond 287,899 Communication System 3,580,000 Impact Fees Fund 3,435,414 Port Development Capital 201,610 SHI Wastewater Treatment 356,664 Sports Co~plex Improvements 204,000 ENTERPRISE FUNDS Solid Waste Operations 24,141,800 Golf Course 1,870,243 Sports Complex 1,454,220 Building Code Fund 1,715,800 Hew Utilities 61,241 No. Hutchinson Utilities 3,103,712 No. Hutchinson Utilities Renewal/Repl. 371,900 No. Hutchinson Utilities Capital 1,408,400 So. Hutchinson Utilities 2,316,026 -2- · '\, ~ "WI' I' Holiday Pines Operations Holiday Pines Ren~wal/Repl. Holiday Pines Capital 1,150,850 52,850 72,631 INTERNAL SERVICE FUNDS: Automated Services Insurance & Loss Central Garage 4,067,346 7,646,402 1,410,701 TRUST FUNDS: Two -cent Tourist Development One cent Tourist Development Law Enforcement Trust Fund Law Library FF A Road MSBU Fund South Hutchinson Driftwood Manor King Orange MSBU Lost Tree Estates MSBU Anita Street MSBU Timberlake Estates MSBU 764,750 592,445 877,007 160,300 19,413 692,738 15,985 9,750 2,754 1,921 14,805 6.C It was moved by Com Barnes, seconded by Com. Hutchinson, to approve the millages as read and ,_ listed on the agenda; and, upon roll call, motion carried unanimously. '"".._~, 6.D It was moved by Com. Hutchinson" seconded by Com. Lewis, to approve the budgets as listed on the agenda; and, upon roll call, motion carried unanimously. 7. MILLAGES OF THE SPECIAL DISTRICT SPECIAL DISTRICTS: Street Lighting Districts: Millages Budget # 1 0.4189 39,829 #2 0.6801 8,026 #3 0.7894 3,105 # 4 0.6047 6,868 # 5 0.8245 6,702 # 6 0.5876 7,579 # 7 0.4907 1,889 # 8 1.2467 10,302 # 9 0.1920 10,934 #10 0.1008 2,185 #11 1.4089 1,025 #12 0.1246 13,121 #13 0.1012 3,845 #16 0.6295 10,277 #126 0.7197 1,716 7.A It was moved by Com. Coward, seconded by Com. Hutchinson to approve the millages for the Special Districts; and, upon roll call, motion carried unanimously. '.B It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the budgets for the Special Districts; and, upon roll call, motion carried unanimously. -3- .. ~~. ",' " " 'wi v 8. MILLAGES AND BUDGETS OF THE MUNICIPAL SERVICE TAXING DISTRICTS Millages Budgets M.S.T.U. Unincorporated Area M.S.T.U. Stormwater M.S.T.U. Law Enforcement Monte Carlo Lighting M.S.T.U. # 4 M.S.T.U. Palm Lakes Gardens 0.3959 0.3500 0.3082 0.4734 0.3202 2,578,869 3,245,035 1,241,373 21,674 1,635 Longwood Estates M.S. T. U. The Woods M.S.T.U. Twin Oaks Trail M..S.B.U. Becker Road King Orange Paving and Drainage Lost Tree Estates Capital Fund Anita Street Capital Fund Timberlake Estates Capital Fund Treas Cove/Ocean Harbor Fund North AlA MSBUCapital Ideal Holding MSBU Capital Westglen MSBU Capital River Branch MSBU Capital Raintree Forest MSBU Capital 2,438 6,972 2,665 212,420 160 3,830 8,860 107 36,431 58,907 146,825 295,740 29,284 11,650 8.A It was moved by Com. Lewis, seconded by Com. Coward, to approve the millages as read on the agenda; and, upon roll call, motion carried unanimously. 8.B It was moved by Com. Lewis, seconded by Com. Coward, to approve the budgets as listed on the agenda; and, upon roll call, motion carried unanimously. 1. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 00-205, as amended; a resolution adopting the Final Millage Rate for Fiscal Year 2000/2001; and, upon roll call, motion carried unanimously. 2. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 00-206 as amended; a resolution adopting the Final Budget for Fiscal Year 2000/2001; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 6:20 p.m. Chairman Clerk of Circuit Court -4- · .. 'wi v AGENDA REOUEST ITEM NO. 2B DATE: September 26, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Martin County Resolution No. 00-6.12 and Mission Statement - Creating the County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries. BACKGROUND: See attached Memorandum No. 00-1487. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Martin County Resolution No. 00-6.12 and Mission Statement; and authorize the Chairman to execute same. COMMISSION ACTION: CONCURRENCE: [XJ APPROVED [ ] DENIED [ ] OTHER: r;7 ~ -:L Douglas Anderson County Administrator County Attorney: ) Review and Approvals Management & Budget purchasing originating Dept. Other: Other: Eff. 5/96 Finance: (Check for Copy only, if applicable)___ , J ,..... '.. '-I 'wi' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 00-1487 DATE: September 19, 2000 SUBJECT: Martin County Resolution No. 00-6.12 and Mission Statement Creating the County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries BACKGROUND: At the May 9, 2000, meeting of the Board of County Commissioners of Martin County, a proposal for the creation of a County Coalition for Responsible Management of Lake Okeechobee was made. The suggested member Counties were Lee, Martin, Okeechobee, and St. Lucie. The goal of the Coalition would be to unite the four counties most affected by maintenance of Lake Okeechobee at high water levels and the releases of large volumes of fresh water to tide down the St. Lucie Canal and the Caloosahatchee River. Both the high water levels of Lake Okeechobee and the fresh water releases cause significant ecological harm to the land and water resources of the four counties. The proposal to organize a Coalition received a positive response from the Martin county Board of County Commissioners and it was suggested that an elected representative from each of the Board of County Commissioners would serve on the Coalition and would report back to their respective Board for guidance and concurrence on official actions. At the May 16, 2000, meeting of the Martin County Board of County Commissioners, they formally decided to participate in the Coalition and send out letters inviting the other three counties to participate in the Coalition. At the organizational meeting of the Coalition held in Okeechobee on May 30, 2000, the four counties of Lee, Martin, Okeechobee, and St. Lucie agreed to create the County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries. \ . , .. -.. '-" '......, On June 12, 2000, representatives from Lee, Okeechobee, Martin and St. Lucie County met and negotiated and adopted, by unanimous vote of the four representatives, a revised Resolution and Mission Statement. On June 13, 2000, the Martin County Board of County Commissioners adopted the attached Resolution No. 00-6.12 and the Mission Statement. Commissioner Barnes has requested that the St. Lucie County Board of County Commissioners adopt the attached Martin County Resolution No. 00-6.12 and Mission Statement; and authorize the Chairman to execute same. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Martin County Resolution No. 00-6.12 and Mission Statement; and authorize the Chairman to execute same. 'tted, DSM/cac Attachments '-" '-'" BEFORE THE BOA.RD OF' COUNTY COMMISSIONERS MARTIN COIDJ'TY, FLORIDA Resolution No. 00-6.12 A RESOLUTION CREATING THE COUNTY COALITION FOR RESPONSIBLE MANAGEMENT OF lAKE OKEECHOBEE AND ST. LUCIE AND CALOOSAHATCHEE ESTUARIES \VHE RE AS , present Lake Okeechobee water management operations results lE extended periods of high lake levels; and WHEREAS, extended periods of high lake levels over the past SL~ years have greatly harmed the ecology of Lake Okeechobee, and WHEREAS, the emergency solution to excessive lake levels is to release large quantities of freshwater to tide through the St. Lucie and CaloGsahatchee Estuaries, and vVHEREAS, excessive freshwater discharges to the St. Lucie and Caloosahatche€- Estuaries have greatly harmed their ecology in the past and continue to harm them today; and \VHEREAS, proper management of Lake Okeechobee is £t critical part of the CERP (i.e. "Restudy"), which affects all of south Florida and provides benefits to the envi.ronment, agriculture, and municipal water supply; and WHEREAS, the most rational solution to the continued and grave ecological harm to both the Lake and the Estuaries is to manage Lake Okeech~bee recognizing its multiple uses as a viable ecosystem, water supply, and for flood protection. NOW THEREFORE, BE IT RESOLVED THAT: The undersigned Counties hereby form the County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosa...l,.atchee Estuaries, whose purpose will be to: :. State the facts regarding the en-vÌrOllment and economic costs of excessive lakE: levels and ext:essive estuary rf.leases. 2. State the facts regarding the beneficiaries of the stored water. 3. Seek an improved lake management plan, which establishes a balance bè.tween the environmental, flood proteetion, potable water and agricultural uscs of Lake page 1 of;j \ '" \wi Okeechobee, which does not threaten the potable water supply of the citizenry' of s,mth Florida. 4, Obta.in implementation of a revised Lake Okeechobee regulatiün schedul~ which IS sensitive to the Lake's ecology and the Estuaries' ecology. 5. Support the long-range environmenta] restoration of the Evergladeë; Lak~ Okeechobee and Estuaries by supporting CERP to the extent that its implementation does not compromise Lake Okeechobee and St. Lucie a..'1d Caloosahatchee Est:Jaries as an environmentally viable and sustainable ecosystem. 6. Support management of the Lake and the St, Lucie and Caloosahatchee EstuarÜ:·s primarily as an environmentally viable a..'1d sustainable ecosystem, as well as ft water supply resource, and flood protection structure. ADOPTED BY MARTIN CO{JNTY on Jun¿g;' 0 f d1 - . '. " ~-/'.I 7J v .... Dennis Armstrong, Vice Chair Board of County Commissioners Martin County, Florida . / c~v/ Attest: Approved as to form and correctness: ~ ..... J ~ \. \ I' \ \ /: ~ C/ ~ ;'~..Jb yy~ V:-CoÛÏity Attorney __~ ~~'--~UJ.;) Marsha tiller, Clerk ADOPTED BY LEE COUNTY on .1111 y 1 1 -2..Oll0 Date .--- . L) ~\¡ {Ì , .. . . '¡: ", . (' J'('~ I" , (0. At~test, / ,.' , . ",':... .}' . . V?hZ/:. . ~(~Y' Charlie 'Gr.Øèr-i ohn E. Albionl Chairman Board of County Commissioners Lee County, Florida Approved as to form and correctness: page 2 of3 ~' ~ ADOPTED BY OKEECHOBEE COUNTY on (da t e) Cliff Betts, ,Jr., Chairman Board of County Commissioners Okeechobee County, Florida Attest: Approved as to form and con'ectness: Sharon Robertson, Clerk County Attorney ADOPT~D BY ST. LUCIE COUNTY on (date) John. D. Bruhn, Chairman Board of County Commissiuners St. Lucie County, Florida Attest: Approved as to form and correctness: .JoAnne Holman, Clerk County Attorney page 3 of3 '-' ..."., Mission Statement County Coalition for the Responsible ~1anagement of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries. The 1vlission of the County Coalition for Responsible l\1anagement of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries is to formulate and articulate an agenda for the responsible environmental management of Lake Okeechobee and 51. Lucie and Caloosahatchee Estuaries and to promote this agenda to local, state, and federal agen- CIes. I ~ .."., AGENDA REQUEST ITEM NO. ~ DATE: September 26,2000 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. 00-191 _ Proclaiming the week of October 1, 2000, through October 7, 2000, as "MENTAL ILLNESS AWARENESS WEEK" in St. Lucie County, Florida. BACKGROUND: One in five adults will face a mental illness in his or her lifetime, and seven million children have a mental illness. The National Alliance ofthe Mentally III ofSt. Lucie County has requested this Board proclaim the week of October 1, 2000, through October 7, 2000 as Mental Illness Awareness Week in St. Lucie County. The attached Resolution No. 00-191 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-191 as drafted. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: ~~ Douglas Anderson County Administrator - Review and Approvals county Attorney: UJ· Management & Budget purchasing Originating Dept. Other: Other: Eff. 5/96 Finance: (Check for Copy only. if applicable)___ ( "-' "'wI ~ RESOLUTION NO. 00-191 A RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 1, 2000, THROUGH OCTOBER 7, 2000, AS "MENTAL ILLNESS AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. One in five adults will face a mental illness in his or her lifetime, and seven million children have a mental illness. 2. The stigma of mental illness deprives many people ofthe quality mental health service they need and deserve _ only twenty percent of adults suffering from a diagnosable mental illness seek treatment of any sort, and only one in five children who needs mental health care receives it. 3. Mental illness and substance abuse disorders have a staggering economic impact on our nation, costing over two hundred billion dollars each year. 4. Effective treatment for mental disorders is available in the community, and treatment is eighty percent to ninety percent effective in treating many mental disorders. 5. Mental health care has an important medical offset effect: Effective mental health services prevent mental disorders from developing into serious medical problems later, and people who receive mental health services have at least five percent up to eighty percent less subsequent use of medical services. 6. Mental health care is an important investment in our nation, our families, and ourselves, and the cost of untreated mental health problems is far greater than the cost of providing effective, efficient and affordable mental health services. , '-' ....., NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the week of October 1, 2000, through October 7, 2000, is hereby proclaimed as "MENTAL ILLNESS AWARENESS WEEK" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 26th day of September, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY From: To: Date: Subject: Connie Colella Diane Turner Mon, Sep 18,2000 3:13 PM Re: Mental Illness Awareness Week The information I have is Nickie Gentilquose @ 340-0823, Please call her and inform her time to attend BCC mtg to accept. Thanks! >>> Diane Turner 09/18 2:53 PM >>> Connie, I have your resolution for 9/26. Who will be accepting this resolution, and have they been contacted, need to give this information to Doug Anderson. Thanks, Diane To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: -..Agenda Request '-'1m Number Date: September 26, 2000 Consent Regular Public Hearing Leg, [ ] [ X ] [ ] [ ] Quasi-JD [ ] Board of County Commissioners Presented By 4SLM om. Development Director Community Development Director Revision of Equipment Request #EQOO-214 to increase the budget amount by $1,250 from $19,900.00 to $21,150.00 to cover the cost of installing the unit on the truck & Acceptance of Budget Amendment #00-158. The State of Florida Department of Agriculture and Consumer Services has awarded St. Lucie County an Urban and Community Forestry Grant of $15,000. The estimated cost of the project is $30,000 consisting of the $15,000 grant, a local match of $6,150 cash and $8,850 worth of "in-kind" services. Budget Resolution 00-188 establishes the budget for this grant. 001133-1525-564000-19007 "Treasure Our Trees of the Treasure Coast" July 6, 1999 - Board authorization to submit grant application to the Florida Department of Agriculture and Consumer Services. May 2, 2000 - Board authorization to sign the grant contract between the County and the Florida Department of Agriculture and Consumer Services, Resolution 99-214, original Equipment Request 00-214 and Budget Amendment Request 00-132. August 22, 2000 - Board approved revised Equipment Request 00-214, Budget Amendment 00-151 and Budget Resolution 00-188. Staff recommends the Board increase the budgeted amount for Equipment Request 00-214 to read $21,150.00 and approve Budget Amendment 00-158 which provides the additional $1,250 from the Economic Development departmental savings. ~ CONCURRENCE: /~~ Doùglas M. Anderson County Administrator COMMISSION ACTION: IXI APPROVED D DENIED o OTHER County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: t '-' ,...." ITEM NO. SA AGENDA REQUEST DATE: 09/26/00 REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMS SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: PRESENTED BY: Marie M. Gouin Amendment to transfer funds from the General Fund Reserves to Mosquito Control. Currently, Mosquito Control Fund has a negative cash balance due to the dike repairs' expenses after Hurricane Irene. In order to clear the negative cash, staff is recommending transferring the funds from the General Fund Reserves. This requires a Budget Amendment and a public hearing. Transfer between funds has to be done by public hearing, which is done by the attached resolution. The Federal Emergency Management Agency (FEMA) will reimburse the approved costs, and a receivable will be set up in the General Fund. 001-9910-599300-800 - General Fund Reserves. October 19, 1999 - Approval to transfer funds from the General Fund Reserves to cover expenses associated with Hurricane Irene. September 12, 2000 - Permission to advertise for a Public Hearing. RECOMMENDATION: Staff recommends the Board of County Commissioners adopt resolution No. 00-209 amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [X] OTHER: Pulled prior Hearing time County Attorney: XX [ ] DENIED ~--r,(<-- to meeting. advertised incorrectly. Doug Anderson County Administrator ~ Coordination/Sionatures Management & Budget: XX r\~_ Purchasing: Public Works: Other. Originating Dept: Finance: (Check for Copy only, if applicable) _ 1 '-' .....,., RESOLUTION 00-209 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners Budget for S1. Lucie County, amending the budget to transfer funds from the General Fund Reserves to Mosquito Control to cover expenses associated with Hurricane Irene. 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 S1. Lucie County, Florida, in meeting assembled this 26th day of September, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES See attachment YAW APPROPRIATIONS See attachment YAW After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Bames xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 26TH DAY OF SEPTEMBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY A TIORNEY G:\BUDGET\WPlRESOLUT\OO-resol\00-209. wpd .~ ~ ¡- z ¡¡J ::E ::r: u < ¡- ¡- < o IE-< 'Q rrJ¡.;¡ zE-< 9< E-<U <0 -~ PI::~ ø.< 0-. Pl::u ø.¡.;¡ ø.Q < '-', U Z - E-< Z ;¡ o z ::Ë - < PI:: I ~ ~I rrJ~ ¡.;¡¡.. ;¡Q ¡.. 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C-3 DATE: Sept. 26, 2000 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: St. Lucie County Board of County Commissioners SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Budget Resolution # 00-208 for the FEMAlFDCA reimbursement of St. Lucie County disaster relief claim submitted after the 1999 Hurricane Floyd. BACKGROUND: In September of 1999 St. Lucie County was declared a disaster area due to Hurricane Floyd damage, which affected residential and non-residential areas of the county, St. Lucie BOCC filed a claim for disaster relief assistance from FEMA to cover the cost of disaster-related efforts. On 8/11/00 we received reimbursement funds in the amount of $112,386.33. There were two remittances: $96,829.58 from FEMA and $15,556.75 from FDCA representing respectively 75% and 12.5% of the approved cost of small projects. Due to the fact that some of the projects were completed in the Fiscal Year 1998/99, a portion of the reimbursement ($58,141.71) was applied directly to receivables from that year. The remaining funds in the amount of $54,244.62 cover projects completed in the current Fiscal Year 1999/2000, and need to be recognized by budget resolutions as follows: St. Lucie BOCC - $13,311.83, St. Lucie Mosquito District - $11,464.54 and St. Lucie Erosion District - $29,468.25. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the St. Lucie County Board of Commissioners approve Budget Resolution #00-208 acknowledging FEMA/FDCA reimbursements for small projects included in the disaster relief claim related to the Hurricane Floyd damage. COMMISSION ACTION: CONCURRENCE: [XJ APPROVED [] DENIED [ ] OTHER: ?~-:-L, Doug Anderson County Administrator Purchasing: County Attorney: XX ~/ Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G :\BUDG En WPIA G ENDA'SlAgendaOO\9'26HurFloyd. wpd 6 ~ t y ......, RESOLUTION NO. 00-210 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County CommisskJners budget the Board approved the establishment of a Municipal Services Benefit Unit revolving loan fund for the purpose of providing permanent financing to selected projects and WHEREAS, the Board approved staffs recommendation to use these funds to permanently finance the Raintree Forest Municipal Services Benefit Unit, it is now necessary to transfer funds from the General Fund through the Municipal Services Benefit Unit Revolving Loan Fund into the Raintree Forest Municipal Services Benefit Unit project fund. WHEREAS, Section 129.06 (2) (f), Florida Statutes, requires the Board of the St. Lucie County Board of County Commissioners to adopt a resolution to transfer between funds. NOW. THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners, Florida, in meeting assembled this September 26, 2000 pursuant to Section 129.06 (2) (f), Florida Statutes, such funds are hereby transferred for the fiscal year 1999- 2000, and the County's budget is hereby amended as follows: REVENUES 001004-8110-381100-800 394-0000-387000-000 Transfer In Advance In $51,000 $51,000 APPROPRIATIONS 001004-8110-592000-800 394-9950-571100-800 Advance Out Principal - Notes $51,000 $51,000 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 26TH DAY OF SEPTEMBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY , '-'" AGENDA REQUEST ~ ITEM NO. 5B DATE: Sept. 26, 2000 REGULAR [] PUBLIC HEARING [X] CONSENT [] TO: St. Lucie County Board of County Commissioners SUBMITTED BY: SUBJECT: BACKGROUND: OMB PRESENTED BY: Marie M. Gouin Transfer of Funds to Permanently Finance Raintree Forest MSBU The Board previously approved the establishment of a Municipal Services Benefit Unit revolving loan fund from county funds. The purpose of the fund is to provide permanent financing for selected small MSBU projects from within county financial resources. During the same meeting the Board approved providing permanent financing for the Raintree Forest MSBU project from the revolving loan fund. If approved by the Board, Budget Resolution # 00-210 transfers $51,000 from the General Fund through the MSBU Revolving Loan Fund and into the Raintree Forest MSBU project fund. FUNDS WILL BE AVAILABLE IN: See attached Budget Resolution 00-210 PREVIOUS ACTION: June 27,2000 - Board approved the establishment of an MSBU Revolving Loan Fund and to use county funds to finance the Raintree Forest MSBU project. RECOMMENDATION: Staff recommends that the Board approve Budget Resolution 00-210. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [] DENIED [ ] OTHER: r;?~~ Doug Anderson County Administrator County Attorney: XX Originating Dept: ~ Coordination/Signatures Management & Budget: xx~'¡)'lf}rrC1 Purchasing: Public Works: XX Other: leisure Servo Finance: (Check for Copy only, if applicable) XX G:\BUDGETI WP'AGEN DA'SlAgendaOO\9'26Raíntree. wpd , ...... 'wi AGENDA REQUEST ITEM NO. (0 DATE: September 26, 2000 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Bulk Water Sales Agreement with Fort Pierce Utility Authority for the North Hutchinson Island Utilities District. The Agreement will reduce the cost of water to our customers by $.26 per thousand gallons effective October 1, 2000. FUNDS AVAIL: 441-3600-552081-300 PREVIOUS ACTION: NONE RECOMMENDATION: Staff recommends that the Board approve the Agreement for the bulk sale of water with the Fort Pierce Utility Authority for the North Hutchinson Island District consistent with the terms set forth in the Agreement. Staff further requests that the Board authorize the Chairman to execute the Agreement. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ] OTHER: as amended. Add: There will be no annexation during the term of the agreement. ~?;] County Attorney: X ~. J n ~ , Originating Dept:X {{~~tl.L,~ Other: Finance Director: (Check f01,Copy only, if applicable) DENIED r;l~L- Doug Anderson County Administrator Coordination/Sianatures Mgt. & Budget: (~fJ1- mfYe4) Purchasing Other: '-'" "-" BOARD OF COUNTY COMMJS510NERS UTI LITI ES DEPARTMENT WilLIAM ßLAZAK DIP-EGOP- MEMORANDUM TO: Board of County Commissioners " .' 1hl}~ I J "'fry William Blazak, Utility Director \ ~\~I¡¿I ~ FROM: DATE: September 26, 2000 RE: Fort Pierce Utility Authority Bulk Water Sales Agreement North Hutchinson Island Utility District BACKGROUND: North Hutchinson Island domestic water is provided by Fort Pierce Utility Authority (FPUA) under a current Agreement that was initiated in 1981 between North Hutchinson Services and FPUA. When St. Lucie County purchased the North Hutchinson system, FPUA honored the existing Agreement and continued to supply water to North Hutchinson Island. The existing Agreement expires on January 21,2001 and in May of 1997 County staff initiated negotiations with FPUA staff to structure a new Agreement for the bulk purchase of water for the North Hutchinson system. In 1994 when the Utility Department wfls reorganized the bulk rate from FPUA was $2.45 per thousand gallons, St. Lucie County currently pays $ 3.06 per thousand gallons of water. Under the new Agreement the rate will be $ 2.78 per thousand gallons. The increases in the bulk rate over the past years are a result of an annual allocable share of the cost to supply water to St. Lucie County. The current rate was adjusted considering FPUA operating expenses for plant operations, transmission and distribution, general and administrative, depreciation, interest, financing expenses and bond revenue discounts. The proposed Agreement will be adjusted annually subject to the Florida Public Service Commission Annual Deflator Index Percentage, which we currently utilize for our contract operations. The Public Service Indexing represents the annual average cost differential of operations and maintenance for utilities in Florida and is a standard in the Utility Industry for justifying increases. The Public Service Commission Indexing will occur on April 1st of each year during the term of the Agreement, this years indexing rate was 1.36% and would have increased the proposed rate by $0.038. JOHN D, ßRUHN, Disttict No, 1 . DOUG COWARD, Disttict NO.2· PAULA A. LEWIS, Disttict No. J . FRANNIE HUTCHINSON, District No.4· CLIFF ßARNES, District No.5 County Administtatot - Douglas M. Anderson 2.300 Virginia Avenue . Fort Pierce, Fl.34982 · Phone (561) 462-1150 · FAX (561) 462-115.3 '-" "-" The new rate under the proposed agreement, $ 2.78 per thousand, will save the customers on North Hutchinson Island approximately $50,000 annually as a whole. A single family residence that consumes ten thousand gallons per month will save $ 2.60. A large condominium with 100 units could recognize, during peak demand, a savings of$140.00 per month and approximately $1,700.00 annually on their water bill. The new Agreement being presented for your approval will provide water to the North Hutchinson system at a reasonable rate and term without a significant capital expense. The initial term is for a minimum of five years and provides the flexibility for St. Lucie County to plan for the future water needs of our customers as we continue to grow. Once FPUA formally accepts this Agreement St. Lucie County will begin significant improvements to the water system on North Hutchinson Island. Plans are nearly completed and the permitting process is underway to construct a new ground storage tank and re-pump facility to provide reliability and increased fire protection for our customers on North Hutchinson Island. With prices increasing annually this Agreement provides the County the ability to lower our wåter rates and extends our ability to maintain our current rate structure for the North Hutchinson District. St. Lucie County Utilities wishes to thank Mr. Boudreaux and his staff, as well as County Staff and our consultants, for their efforts over the past two years towards developing this Agreement. RECOMMENDATION: Staff recommends that the Board approve the Agreement for the bulk sale of water with the Fort Pierce Utility Authority for the North Hutchinson Island District consistent with the terms set forth in the Agreement. Staff further requests that the Board authorize the Chairman to execute the Agreement. ~.,' .. t. . . '-' '-" Bulk Water Sales Agreement This Agreement dated this day of ,2000, is made and entered into by and between Fort Pierce Utilities Authority of the City of Fort Pierce, Florida (hereinafter called "the Authority"), and St. Lucie County (hereinafter called "the County"). WITNESSETH: WHEREAS, the Authority is authorized and empowered to furnish water service to persons, firms, and corporations; and WHEREAS, the Authority and North Beach Water Company, whose successor is St. Lucie County, Florida, a political subdivision of the State of Florida, entered into a certain Agreement between the parties wherein the Authority agreed to continue providing water pursuant to the terms of said Agreement dated January 22, 1981, for a period of twenty (20) years, in effect until January 21, 2001; and ' WHEREAS, the Authority owns and operates a water utility system which has capacity available in its water utility system and the capability to provide bulk water utility service to St. Lucie County in the North Hutchinson Island service territory; and WHEREAS, the County wishes to purchase all-requirements bulk water service for its customers located in the North Hutchinson Island service territory for a minimum period of five (5) years beginning October 1, 2000; and \iVHEREAS, the Authority will benefit from the collection of bulk water rates from the County; and WHEREAS, the County will benefit from the collection of retail water rates from its North Hutchinson Island customers. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the Authority and the County agree as follows: 1. The Authority shall be the sole bulk water provider to St. Lucie County for its customers on North Hutchinson Island and will be responsible for providing potable water supply of sufficient quality, quantity, and pressure to serve the potable water supply needs of those customers. All water supplied to St. Lucie County shall conform to all community water standards as defined in the Florida Administrative Code (F.A.C.) 62-550, "Drinking Water Standards, Monitoring and Reporting." The initial term of the purchase agreement shall be for a minimum period of five (5) years beginning October I, 2000. The purchase agreement shall continue indefinitely until such time as either party elects to terminate the agreement by written notice to the other party no later than two (2) years prior to the prQ.posed termination date; provided, however, that the earliest termination date shall be September 30, 2005. Page 1 of 5 '-' 'wi 2. The Authority will make reasonable provisions to ensure satisfactory and continuous service under this Agreement, but does not guarantee a continuous supply of water and shall not be liable for any type or form of damage, direct or indirect, occasioned by failure to commence delivery or interruptions in service caused by act of God or public enemy or from any other cause reasonably beyond its control, including but not limited to failure or breakdown of facilities, floods, fire, strikes, action or order of any governmental agency, or interruptions which are necessary for the inspection, repair or change in the treatment equipment or transmission systems of the Authority. 3. The Authority acknowledges that it is currently responsible for the operation and maintenance of all water utility facilities as shown on the Fort Pierce Utilities Authority Water Distribution Maps, Sheet A-7, dated 7-82, attached as Exhibit" A," including the bulk service metering point as shown on the Fort Pierce Utilities Authority Water Distribution System Location Maps, Sheet H-8, dated 12-82, attached as Exhibit "B." As of the execution date of this Agreement, the Authority shall no longer be responsible for the operation and maintenance of any water utility facilities beyond the bulk service metering point. As of the execution date of this Agreement, the County shall'be responsible for the operation and maintenance of all transmission, distribution, and customer service facilities beyond the bulk service metering point. 4. The County's retail customers located on North Hutchinson Island will be subject to the same water use restrictions as may be imposed on the Authority's retail customers under emergency conditions. 5. The County agrees to pay to the Authority the applicable rate of $2.78 per one thousand gallons of delivered water. PROVIDED, HOWEVER, that the rate set forth herein shall be increased or decreased to reflect any Federal or State government-mandated fees or costs imposed on the Authority or fees which are discontinued after the date of this Agreement in connection with the bulk water service provided for herein. Said increase or decrease shall be effective as of the date said fees or costs are imposed or discontinued. 6. Beginning on April 1, 2001, the operations and maintenance expense components of the initial contract price will be subject to the Florida Public Service Commission Annual Deflator Index Percentage. The Annual Deflator Index shall first adjust to the initial rate on April 1, 2001, and shall adjust on April 1 of, each year thereafter, adjusting the previous year's rate. 7. The Authority will bill the County on a monthly basis; said bills are due and payable upon receipt. Payments not received within forty-five (45) days of billing shall be subject to a 1.5% late charge. 8. In the event either party believes there is a metering or billing abnormality, it is the responsibility of that party to notify the other. Billing adjustment related to metering or billing abnormalities can only be made for the previous twelve (12) billing periods. 9. The Authority currently serves the County with a 10" Hersey brand turbine Class II meter. The Authority will test the meter annually to verify accuracy. Should the meter prove to be inaccurate, a corrected bill will be rendered. If the County requests a meter test and the meter is determined to be accurate, the County will pay the, actual cost of the meter testing. Should the meter prove to be inaccurate, the County will not be assessed thè cost of the meter testing and will receive a corrected bill. For a Class II in-line (high velocity) type meter, the term" accurate" is defined as: Page 2 of 5 .'-' '-" Nominal Meter Size (inches): Safe Maximum Operating Capacity (gpm) Maximum Rate for Continuous Duty (gpm) Maximum Loss of Head at Safe Maximum Operating Capacity (psi) * Normal Test-Flow Limits (gpm) 10 3800 2500 7 75-3800 * Does not include strainer, which may be required in some applications. Meters shall meet the following requirements for accuracy with water at a temperature less than 80°F (27°C). Class IT meters shall register not less than 98.5 percent nor more than 101.5 percent of the water that actually passes through at any rate of flow within the normal test flow limits set forth above. In the event the current meter is replaced with a meter of a' different class, accuracy will be defined by American Water Works Association's (AWWA) existing standards. 10. Bulk water sales pursuant to this Agreement are limited to service and resale by the County to its customers on North Hutchinson Island. 11. The parties agree that the County cannot assign this Agreement without the prior written authorization of the Authority. The Authority agrees that such authorization shall not be unreasonably withheld. 12. Upon termination of this Agreement, the County shall have no right to any allowance for permitted water capacity as set forth in the Authority's Consumptive Use Permit. 13. Disputes between the parties in connection with this Agreement which cannot be resolved at staff level shall be resolved in accordance with the provisions of Section 164.1041, Florida Statutes. 14. The rights of the parties under this Agreement shall be cumulative, and the failure of either party to exercise properly any rights .given hereunder shall not operate to forfeit any of the said rights. 15. No amendment, modification, or waiver of this Agre~ment shall be valid or effective unless in writing and signed by all parties, and no waiver or any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether like or different nature. 16. To the extent permitted by law, the County covenants and agrees at all times to save, hold, and keep harmless the Authority, its officials, employees, agents, and volunteers and indemnify the Authority, its officials, employees, agents, or volunteers against any and all claims, demands, penalties judgments, court costs, attorneys' fees, and liability of every kind and nature whatsoever arising out of or in any way connected with the negligent performance of this Agreement. The County hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided ~erein. Page 3 of 5 '-" '-' 17. To the extent permitted by law, the Authority covenants and agrees at all times to save, hold, and keep harmless the County, its officials, employees, agents, and volunteers and indemnify the County, its officials, employees, agents, or volunteers against any and all claims, demands, penalties judgments, court costs, attorneys' fees, ànd liability of every kind and nature whatsoever arising out of or in any way connected with the negligent performance of this Agreement. The Authority hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 18. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand-delivered by messenger or courier services, te1ecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: To the County: With Copy to: St. Lucie County Administrator Administration Annex, 3rd Floor 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex,'3rdF100r 2300 Virginia Avenue Fort Pierce, FL 34982 To the Authority: With Copy to: E. J. Boudreaux, III, Director Fort Pierce Utilities Authority 206 South Sixth Street Post Office Box 3191 Fort Pierce, FL 34948-3191 R. N. Koblegard, III, Esq. 401 S. Indian River Drive Fort Pierce, FL 34950 Or to such other address as either party may designate by notice complying with the terms of this Section. Each such notice shall be qeemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement shall be interpreted as a whole unit, and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law, and the Southern District of Florida for any claims which are justiciable in federal court. Page4of5 '-' """" IN WITNESS WHEREOF, the parties have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. ATTEST: FORT PIERCE UTILITIES AUTHORITY BY: BY: Secretary Fort Pierce Utilities Authority Board Chairman Fort Pierce Utilities Authority Board DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: Fort Pi'erce Utilities Authority Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk BY: Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: St. Lucie County Attorney ATTEST: CITY OF FORT PIERCE BY: City Clerk BY: Mayor DATE: Page 5 of 5 ....., '-' AGENDA REQUEST '-' ITEM NO. 7A y DATE: September 26, 2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Amended and Restated Interlocal Agreement - Joint Use Library - Morningside Branch BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. COMMISSION ACTION: CONCURRENCE: [XJ APPROVED [ ] DENIED [ ] OTHER: ?.-.-r/\- Douglas Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept , Library Director: ~'SôK... ~ County Eng.: Finance: (Check for Copy only, if applicable) Eff, 5/96 'w'. '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 00-1436 DATE: September 15, 2000 SUBJECT: Amended and Restated Interlocal Agreement - Joint Use Library - Morningside Branch ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum is a copy of a July 19, 2000 memorandum from Susan Kilmer containing the background information on this project. Also attached is a copy of a draft Amended and Restated Interlocal Agreement containing the proposed changes. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Interlocal Agreement. DSM/caf Attachments ~' '-' AMENDED AND RESTATED INTERLOCAL AGREEMENT JOINT USE LIBRARY THIS AGREEMENT is entered into this day of ,2000, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (" County"); and the ST. LUCIE COUNTY SCHOOL BOARD, (" Board"). WHEREAS, the parties entered into an Interlocal Agreement on October 24, 1989, which contemplated the construction of a Joint Use Library on the property described in the attached Exhibit" A" ("Property"); and, WHEREAS, the Joint Use Library was constructed on the Property and is operated and maintained by the County; and, WHEREAS, the parties desire to amend and restate the October 24,1989 Interlocal Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, IT IS AGREED, as follows: I. General. This Agreement is entered pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, and Section 235.196, Florida Statutes, governing community educational facilities. II. Ownership-Maintenance of Joint Use Library. The County shall maintain, and have full administrative, operational, and budgetary control of the Joint Use Library after it is completed, subject to the lease to the Board as provided in Paragraph III. For the purposes of this Agreement, the term "Joint Use Library" only refers to Building A as depicted on the site plan attached as Exhibit "B". The County agrees to procure and maintain fire and extended hazard insurance coverage covering the library in an amount equal to the full replacement value of the library. The Board shall provide training on the use of the computer equipment, studio equipment and distance learning centers in accordance with the Board's schedule. The parties agree that any normal hardware malfunction shall be reported to the County Information Technology Department for repairs. Any normal software problems shall be reported to the Board's MIS Department for repair. III. Use of Joint Use Library - Lease to Board. The Joint Use Library is hereby leased to the Board for a period of forty (40) years from October 24, 1989, for the use and g:\agreemnt\interloc\school brd-jnt use Page 1 of 5 v '-' enjoyment of the County, the Board and overall community, in accordance with the following terms: 1. Subject to the restrictions and reservations set forth in this Agreement, the Joint Use Library may be occupied and used by the Board for public educational and community programs and other reasonably related incidental purposes during the lease term. 2. On or before the first day of July of each calendar year during the term of this Agreement, the County and the Board shall confer and adopt a schedule of use of the Joint Use Library, detailing which party shall have the use, exclusive and nonexclusive, of each portion of the facility; the educational activities to be undertaken, dates and times of such use, portion of the facility so used, and access restrictions, if any; the public library hours of operation, facility requirements, and access restrictions, if any; and the anticipated community use of the facility, including the portions of the facility to be so used, the groups or organizations expected to undertake such use, the projected dates and times of each such use. The County and the Board agree that the schedule of use shall not be inflexible but shall serve as a guide in maximizing educational and community use and avoiding conflicting plans for use. For purposes of establishing the schedule of use, the County designates the Library Director and the Board designates the Director of Learning Resources as the parties' respective agents. 3. The County agrees to be responsible for damages to the Board's designated facilities and equipment occurring during the periods the Board's designated facilities area used by the County. The Board agrees to be responsible for damages to the County's designated facilities and equipment occurring during the periods the County's designated facilities are used by the Board. The owner or designated operator of the damaged facilities or equipment shall cause such repairs to be made as necessary to correct the damage and shall submit an itemized invoice to the respective agency for damage incurred during that agency's use of the facility or equipment. Except for emergencies, the parties shall consult prior to doing repair work and the party paying for the repairs shall be given a reasonable opportunity to do or have any necessary work done. 4. To the extent allowed by law, the Board shall and will indemnify and hold the County harmless from and against any and all liability, claims demands, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of action, including attorney fees of any kind and nature arising or growing out of or in any way connected with the Board's use, occupation, management, or control of the County's facilities by the Board or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with any act or omission of the Board or its agents, servants, employees, g:\agreemnt\interloc\school brd-jnt use Page 2 of 5 ~ '-' customers, patrons, or invitees whether on the County facilities 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 Board's use of the County's facilities. The Board's indemnification is subject to the limitations set forth in Section 768.28, Florida Statutes. 5. To the extent allowed by law, the County shall and will indemnify and hold the Board harmless from and against any and all liability, claims demands, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of action, including attorney fees of any kind and nature arising or growing out of or in any way connected with the County's use, occupation, management, or control of the Board's facilities by the County or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with any act or omission of the County or its agents, servants, employees, customers, patrons, or invitees whether on the Board facilities 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 County's use of the Board's facilities. The County's indemnification is subject to the limitations set out in Section 768.28, Florida Statutes. 6. Except when inconsistent with the terms of this Agreement, or when this Agreement specifies a more definite term, the appropriate provisions of such mutual use agreements as may be in effect between the parties shall apply to use and operation of the Joint Use Library. 7. The Lease provided for in this Agreement may be terminated by either party at any time upon 180 days' prior written notice to the other party; provided, however, in the event the County terminates this Lease, except for a breach by the Board, the County shall, within 90 days after termination and upon demand by the Board, pay the Board the lesser of (a) a sum equivalent to the amount by the value of the Property has been increased as a consequence of the improvements to the Property, multiplied by the percentage of the costs of such improvements paid by the Board; or (b) a sum equivalent to the amortized cost of such improvements, assuming a useful life of 40 years with no residual value, multiplied by the percentage of the cost of such improvements paid by the Board. IV. Miscellaneous Provisions. 1. 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. 2. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including telex and g:\agreemnt\interloc\school brd-jnt use Page 3 of 5 ~ "'" telegraphic communication) and shall be (as elected by the Person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to: AS TO ST. LUCIE COUNTY WITH A COpy TO: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO SCHOOL BOARD WITH A COpy TO: St. Lucie County School Superintendent St. Lucie County School Board 2909 Delaware Avenue Fort Pierce, Florida 33450 Daniel Harrell, Esq. Gonano, Harrell & Ferguson 1600 South Federal Highway Fort Pierce, Florida 34950 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by 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. C. Audit. The County agrees that the Board or any of its duly authorized representatives shall, until the expiration of five (5)years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the County involving transactions related to this Agreement. D. Public Records. The County shall 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 Agreement. E. Assignment. No party shall assign this Agreement to any other persons or firm without first obtaining the nonassigning parties' approval. g:\agreemnt\interloc\school brd-jnt use Page 4 of 5 ~ ....,¡ F. Filing. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. G. Whole Understanding. 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. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chai rman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY SCHOOL BOARD ATTEST: BY: Superintendent Chai rman APPROVED AS TO FORM AND CORRECTNESS: BY: Attorney g:\agreemnt\interloc\school brd-jnt use Page 5 of 5 , \ ~ { . '-" O ~'~~n ,:it 2 ':::UIJu MEMORANDUM ST. LUCIE COUNTY LIBRARY FROM: Dan McIntyre, County Attorney Susan Kilmer, Library Director ;i0~ LtnwJ TO: DATE: July 19, 2000 SUBJECT: Interlocal Agreement - Morningside Branch Library ****************************************************************************** The Board of County Commission entered into an agreement with the School Board of St. Lucie County on October 24, 1989 for the construction and joint use of the Morningside Branch Library. The Library was opened in January 1993 with only the "library" portion of the building equipped and staffed - "Building A" as we call it has been used over the years as a meeting room complex. In 1998 Representative Ken Pruitt and the Treasure Coast delegation was successful in obtaining $200,000 in funding for "Building A" to purchase the equipment necessary to outfit the computer lab; studio; and a Distance Learning Center. This equipment and software was purchased by June 1999 and has been properly installed over the last twelve months. We are now at a point with the School District that we want to begin to operate the complex. We have met with representatives of the School District as well as the County's Information Technology Department to review responsibilities, expectations, training, etc. When we first wrote this grant over 12 years ago the internet was not even in our vocabulary - so things have changed,since the original intent of the grant and interlocal agreement were signed. There are specific areas in which we identified needed revisions to the agreement and I need your assistance in proceeding with these changes. The overall interlocal agreement is specific to the "Library" but in reality we, as a committee, are only concerned with the use of "Building A"and not the entire Library complex. The first change requested was in Paragraph 3 on page one - the committee wanted "Library" changed to read "Building A" - but after reviewing the document that doesn't seem right as the funding did allow us to build a new library and not just "Building A". Somewhere we may need to add a clause that specifically relates to Building A and what Building A constitutes - would that ,. ~ ...",J page 2 be a better approach to amending the interlocal than trying to eliminate the term "library" and inserting "Building A" since the original intent did result in a Library? The second change requested is Section K Use ofLibrarv - Lease to Board on page 6 - the committee wants it to read "Building A is hereby leased to the Board for a period of ....." The third change requested is Section K item 2 page 6 - the committee wants it to read "....the County and the Board shall confer and adopt a schedule of use of Building A....." The fourth change requested is Section K item 2 page 7 - the committee wants it to read "... the County designates the Library Director and the Board designates the Director of Learning Resources as the parties' respective agents." The fifth changes requested is Section K item 6 page 8 - the committee wants it to read "...such mutual use agreements as may be in effect between parties shall apply to use and operation of Building A." There various verbal agreements made during the course of our meetings, those included training on the use ofthe computer equipment; studio equipment and distance learning centers will be provided by the School Districts as they are able to fit it into their schedule. Any normal hardware malfunction will be reported to Information Technology for repairs. Any normal software problems will be reported to the School District's MIS Department. Replacement ofthe Apple computers as they fail will be the Library's responsibility. The replacement of software is still a question as there are licensing issues that have to be resolved. When the equipment was purchased for the computer lab there was support for the Apple computers that is no longer the case - there is only one school within the district which uses Apple computers and the County's Information Technology Department does not support them. We have recently received a proposal from Higher Dimensions Community Development Corp., for a Higher Dimensions Enrichment Academy at the Momingside Library complex. The proposal states that would like to begin using the facility in October 2000 with funds they have received through the Children's Services Council. I do not want to commit to any organization's use ofthe facility until both the Board of County Commission and the St. Lucie County School Board have had an opportunity to review the changes to the current interlocal agreement. We are also looking for some volunteer assistance from the Treasure Coast Computers' Users Group to help staff this complex as no]).e ofthe grant funds received allow for staffing or administrative funds to operate the complex. The current staffing level at Momingside Branch Library would not lend itself to staffing a computer lab; studio and distance learning center. The committee did suggest that we investigate other grant funds for staffing purposes. " .... ....,I Page 3 Those who have attended meetings on this project include Jack Roberts, Learning Resources Director; Queen Townsend, St. Lucie County School District; Mary Krause, St. Lucie County School District; Dennis Wetzel, Information Technology Director; Phill Brodeur, Assistant Information Technology Director; Joey Trefelner, Information Technology; Ed Werner, Assistant Library Director; Margery Rennison, Interim Morningside Branch Supervisor; several representatives of the School Districts MIS Department; and myself Your assistance on revising or amending this interlocal agreement is greatly appreciated. attachments cc Robert Bradshaw, Assistant County Administrator Jack Roberts, Learning Resources Director ,: .( \w- AGENDA REOUEST ...." ITEM NO. 16 DATE: September 21, 2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Westglen MSBU Financing - Resolution No. 00-212 - BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board adopt Resolution No. 00-212 as drafted. COMMISSION ACTION: CONCURRENCE: pc] APPROVED [] DENIED [ ] OTHER: </?~~ Douglas Anderson County Administrator ~tYAttorneY~ Originating Dept. Review and Approvals Management & Budget Purchasing: Other: Other: Finance: (Check for Copy only, if applicable) Eff, 5/96 gE~-20-0Ø 15:23 FROM: 10: PAGE '2/3 ~ '-' SQUIRE, SANDERS & DEMPSEY L.L.P. S I . LEGAL SQUIRE COUNSEL !ANDER5 I WORLDWIDE MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florida From: Robert O. Freeman Date: September 19, 2000 Re: Westglen MSBU Financing The attached resolution provides for approval of a bank loan ("loan") from Bank of America, N .A., and the issuance of a bond in connection therewith. The loan, in an amount not to exceed $152,000, would refinance the outstanding interim loan taken out in October 1999 and used to finance the acquisition and construction of wastewater improvements within the Westg1en Municipal Services Benefit Unit. The documentation for this loan consists of a Loan Agreement between the County and Bank of America, N.A., similar in form to documentation the Board approved for the loan for the South County Stadium financing, which closed earlier this year. Security for the loan would be the special assessments levied against the benefited property. Neither the faith and credit nor taxing power of the County would be pledged. Closing of the loan is scheduled to occur on September 29, 2000. cc: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Becky Padrick, MSBU Coordinator Christann K. Hartley, Finance Director 5%6_ 1/'l8902·00099¡ M·BOARD '-" '.....,; RESOLUTION NO. 00-212 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 94-196, AS AMENDED; PROVIDING FOR THE BORROWING OF $152,000 TO FINANCE THE COST OF WASTEWATER IMPROVEMENTS WITHIN WESTGLEN MUNICIPAL SERVICES BENEFIT UNIT IN THE COUNTY AS PREVIOUSLY AUTHORIZED BY THE BOARD; APPROVING THE PROPOSAL OF BANK OF AMERICA, N.A., TO MAKE A TERM LOAN TO THE COUNTY IN SUCH PRINCIPAL AMOUNT; PROVIDING FOR THE ISSUANCE OF A $152,000 SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2000A (WESTGLEN MSBU) AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; PROVIDING FOR THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE COUNTY AND THE BANK CONTAINING TERMS AND CONDITIONS RELATING TO SUCH LOAN; PROVIDING FOR THE PAYMENT OF THE BOND FROM CERTAIN PLEDGED REVENUES, INCLUDING SPECIAL ASSESSMENTS; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE BOND AND THE LOAN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and Section 5.01(F) of the Master Resolution, and is supplemental to the Master Resolution. SECTION 2. DEFINITIONS. The following terms shall have the following meanings when used in this resQlution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Master Resolution or Loan Agreement. "Act" means Chapter 125, part I, Florida Statutes; County Ordinance No. 87-77, as amended; and other applicable provisions of law. "Bank" means Bank of America, N.A. "Board" means the Board of County Commissioners, as the governing body of the County. "Bond Resolution" means, collectively, the Master Resolution, this resolution and all resolutions amendatory hereof and supplemental hereto. '-' .....,¡ "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County. "Line of Credit" means the principal amount of $3,000,000 made available by the Bank to the County to finance the engineering and construction of capital projects within municipal services benefit units and approved by the County pursuant to the provisions of Resolution No. 99-56, adopted by the Board on February 23, 1999. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the Loan Agreement between the Bank and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit I, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof. "Master Resolution" means Resolution No. 94-196, adopted on September 20, 1994, as amended by Resolution No. 95-183, adopted on September 5, 1995, and as further amended from time to time. "Paying Agent" means the Clerk of the Circuit Court of the County. "Prior Loan" means the advance of moneys by the Bank to the County pursuant to the Line of Credit. "Proposal" means the proposal submitted to the County by the Bank, dated August 8, 2000. "Westglen MSBU" means the MSBU established pursuant to Resolution No. 99-116, adopted by the Board on July 6, 1999. "Westglen MSBU Assessment Resolutions" means, collectively, Resolution Nos. 99-116 and 00-179. "Westglen MSBU Assessments" means the special assessments levied within the Westglen MSBU pursuant to the Westglen MSBU Assessment Resolutions. "Westglen MSBU Bond" means the Special Assessment Improvement Bond, Series 2000 (Westglen MSBU), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A. 2 5926vl/28902-00099/R-AUTH WESTGLEN '- ""'" "Westglen MSBU Project" means the wastewater improvements within the Westglen MSBU and all costs incidental thereto as permitted by the Assessment Act. "Westglen MSBU Project Costs" means all or a portion of the cost of undertaking the Westglen MSBU Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Westglen MSBU Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes; repayment of the advance made under bond anticipation notes; and such other costs and expenses as may be necessary or incidental to the fInancing or refinancing of the Westglen MSBU Project. SECTION 3. FINDINGS. It is hereby found, declared, and determined by the Board: (A) The County has heretofore authorized (1) the creation of the Westglen MSBU; (2) the undertaking of the Westglen MSBU Project; and (3)the levy and collection of the Westglen MSBU Assessments to pay the West glen MSBU Project Costs. The County has outstanding the Prior Loan, the proceeds of which were used to finance Westglen MSBU Project Costs. (B) The County has completed the Westglen MSBU Project and collected prepayments of Westglen MSBU Assessments, and it is necessary to borrow moneys to be applied together with the Westglen MSBU Assessments to repay the Prior Loan and to pay other Westglen MSBU Project Costs. (C) The Bank has made the Proposal to the County for the Loan, and, based upon the advice of the Financial Advisor, it is in the best interests of the County and the owners of the properties subject to the Westglen MSBU Assessments that the Proposal be accepted. (D) It is necessary and desirable and in the best interest of the County to authorize and approve the execution and delivery of the Loan Agreement, the Westglen MSBU Bond, and the taking of all other action in connection with the consummation of the Loan. SECTION 4. AUTHORIZATION OF WESTGLEN MSBU BOND. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County of the Special Assessment Improvement Bond, Series 2000A (Westglen MSBU), in a principal amount of One Hundred Fifty-two Thousand Dollars ($152,000) to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Proposal, and to be secured solely by the Westglen Special Assessments, is hereby authorized. SECTION 5. APPROVAL OF FORM OF LOAN AGREEMENT AND WESTGLEN MSBU BOND. The Loan Agreement and the Westglen MSBU Bond are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver the Loan Agreement and the Westglen MSBU Bond to the Bank. 3 5926vl/28902-00099/R-AUTH WESTGLEN '--' '-""; SECTION 6. AUTHORIZATION OF OTHER ACTION. The Chairman, the Clerk, the County Administrator, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the Loan Agreement and the Westglen MSBU Bond and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and the Westglen MSBU Bond to the Bank, including, but not limited to, the making of modifications to the Loan Agreement and the Westglen MSBU Bond to conform the provisions thereof to the provisions of the Proposal. SECTION 7. APPLICATION OF PROCEEDS OF LOAN. The proceeds of the Loan shall be applied solely to repayment of the Prior Loan and payment of Westglen MSBU Project Costs. SECTION 8. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. SECTION 9. SEVERABILITY. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Westglen MSBU Bond or Loan Agreement delivered hereunder. SECTION 10. AMENDMENT. This resolution may not be amended or repealed except with the prior written consent of the Bank. SECTION 11. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 4 5926vI128902-00099/R-AUTH WESTGLEN '- '-" PASSED AND ADOPTED this 26th day of September 2000, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman, Board of County Commissioners ATTEST: By: Clerk ofthe Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5 5926vl/28902-00099/R-AUTH WESTGLEN 5926v 1/28902-00099/R-AUTH WESTGLEN '-' EXHIBIT I FORM OF LOAN AGREEMENT 6 ....., '- "...., TERM LOAN AGREEMENT between ST. LUCIE COUNTY, FLORIDA and BANK OF AMERICA, N.A. Dated September 29,2000 Relating to St. Lucie County, Florida $152,000 Special Assessment Improvement Bond, Series 2000A (Westglen, MSBU) \..i "" T A HI ,F. OF rONTF.NTS £age SECTION 1. DEFINITIONS.................................... ....... .............................................................. I SECTION 2. INTERPRETATION .... .......... ............................................. ..... ................................4 SECTION 3. THE LOAN .......................................................................................................... ....4 SECTION 4. DESCRIPTION OF WESTGLEN MSBU BOND....................................................5 SECTION 5. EXECUTION OF WESTGLEN MSBU BOND....................................................... 5 SECTION 6. REGISTRATION AND TRANSFER OF WESTGLEN MSBU BOND..................5 SECTION 7. WESTGLEN MSBU BOND MUTILATED, DESTROYED, STOLEN OR LOST.6 SECTION 8. FORM OF WESTGLEN MSBU BOND.............................................................·....7 SECTION 9. SECURITY FOR WESTGLEN MSBU BOND; WESTGLEN MSBU BOND NOT DEBT OF THE COUNTy.................................... ......................................................................... 7 SECTION 10. COVENANTS OF THE COUNTy...................................·.. ................................. 7 SECTION 11. REPRESENTATIONS AND W ARRANTIES......................................................·8 SECTION 12. CONDITIONS PRECEDENT....... ............................... .......................................... 8 SECTION 13 . TAX COMPLIANCE.......................... ................................................................... 9 SECTION 14. NOTICES...................................................... .........................................................9 SECTION 15. EVENTS OF DEFAULT DEFINED.... ................................................ .......... ......10 SECTION 16. REMEDIES.................................. ..... .............. ..................................................... 10 SECTION 17. NO RECOURSE...... ................ ........................ .................... ..... .......................... .11 SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDA YS.............l1 SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS.................................... 11 SECTION 20. BINDING EFFECT......................... ..... ................................................................ 11 SECTION 21. SEVERABILITy............................. .......... ............................. ............................. 12 SECTION 22. EXECUTION IN COUNTERPARTS .... ...... ...................................................... ..12 SECTION 23. APPLICABLE LAW..................... ............. ..................................................... .....12 5925v2/28902-00097/A LOAN AGREE WESTGLEN '- '~ SECTION 16. REMEDIES...........................................·.·········..·· ..................................................2 5925v2l28902-00097/A LOAN AGREE WESTGLEN '-" ""'" This TERM LOAN AGREEMENT is made and entered into as of September 29, 2000, by and between ST. LUCIE COUNTY, FLORIDA (the "County"), and BANK OF AMERICA, N.A. (the "Bank"). WTTNFSSFTH' WHEREAS, the County has previously determined that it is necessary, desirable and in the best interests of the County and its inhabitants that the County undertake the Westglen MSBU Project hereinafter described, and that the Westglen MSBU Project will serve essential public purposes of the County; and WHEREAS, the County has previously determined to pay the Initial MSBU Project Costs with the proceeds of the Prior Loan, and it is necessary that funds be made available to the County in order to retire the Prior Loan and to provide permanent fmancing for the Westglen MSBU Project, and WHEREAS, pursuant to the Proposal, a copy of which is attached hereto as Exhibit B, the Bank has proposed to lend the County the aggregate principal amount of $152,000 to finance the Westglen MSBU Project Costs; and WHEREAS, the County has determined that it is in the best interest of the health, safety, and welfare of the County and the inhabitants thereof that the County pledge the Westglen MSBU Assessments to secure the obligation of the County to repay the principal of and interest on the Westglen MSBU Bond when due; and WHEREAS, the obligation of the County to repay principal of and interest on the Westglen MSBU Bond will not constitute a general obligation or indebtedness of the County as a "bond" within the meaning of any provision of the Constitution of the State, but shall be and is hereby declared to be a special, limited obligation of the County, secured solely by a lien upon and pledge of the Westglen MSBU Assessments in the manner provided herein. The County is not authorized and cannot be compelled to levy taxes on any property of or in the County to pay the principal of or interest on the Westglen MSBU Bond or to make any other payments provided for herein. Furthermore, neither the Westglen MSBU Bond nor the interest thereon shall be or constitute a lien upon the Westglen MSBU Project or upon any other property of or in the County; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: "Act" means Chapter 125, Part I, Florida Statutes; as amended, Ordinance No. 87-77 duly enacted by the Board, as amended, and other applicable provisions of law. · '-"' .....", "Authorized County Representative" means the County Administrator or his delegate. "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms of the investment policy of the County and applicable law. "Bank" means Bank of America, N.A., a national banking association, with offices located at 625 North Flagler Drive, West Palm Beach, Florida. "Board" means the Board of County Commissioners of the County, as the governing body ofthe County. "Bond Counsel" means Squire, Sanders & Dempsey L.L.P. "Business Day" means any day of the year other than a day on which the Bank, or the County are lawfully closed for business. "Chairman" means the Chairman of the Board of County Commissioners of the County, or, in the Chairman's absence, the Vice-Chairman of the Board of County Commissioners, or such other person as may be duly authorized to act on the Chairman's behalf. "Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's behalf. "Code" means the Internal Revenue Code of 1986, as amended. "County" means St. Lucie County, Florida. "County Administrator" means the County Administrator, as the chief operating officer of the County. "Default" means an Event of Default as defined and described in Section 16 hereof. "Disbursement Date" means September 29, 2000, or such other date on which proceeds of the Loan are disbursed to the County. "Fiscal Year" means the period from each October 1 to the succeeding September 30. "Interest Rate" means the rate per annum equal to 105.82% of the annual rate on the 14-year Treasury Note (ask yield) on the Disbursement Date, subject to adjustment as provided in Schedule I to the Westglen MSBU Bond. "Line of Credit" means the $3,000,000 of moneys made available by the Bank to the County to finance the engineering and construction of capital projects within municipal services 2 5925v2/28902-00097/A LOAN AGREE WESTGLEN '." """ benefit units and approved by the County pursuant to the provisions of Resolution No. 99-56, adopted by the Board on February 23, 1999. "Loan" means the advance of moneys from the Bank to the County pursuant to this Loan Agreement. "Loan Agreement" means this agreement between the Bank and the County setting forth the terms and details of the Loan. "Maturity Date" means the last date on which all remaining, outstanding principal of the Westglen MSBU Bond is due as shown on Exhibit A hereto. "MSBU" means a Municipal Services Benefit Unit created pursuant to resolution of the Board adopted from time to time. "Paying Agent" means the Clerk of the Circuit Court of the County. "Payment Date" means the dates on which interest on the W estglen MSBU Bond is payable, as shown on Exhibit A, hereto. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities, and natural persons. "Prepayment Date" means any date of prepayment of the principal of the Westglen MSBU Loan by the County, whether in whole or in part. "Principal Amount" means One Hundred Fifty-two Thousand Dollars ($152,000). "Prior Loan" means the advance of moneys by the Bank to the County pursuant to the Line of Credit. "Proposal" means the proposal submitted to the County by the Bank, dated August 8, 2000. "Register" means the books maintained by the Registrar in which are recorded the name and address of the Registered Owner of the Westglen MSBU Bond. "Registered Owner" means the person in whose name the ownership of the Westglen MSBU Bond is registered on the books maintained by the Registrar. The Registered Owner shall be the Bank. "Registrar" means the Person maintaining the Register. The Registrar shall initially be the Clerk. "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 103 and 141 through 150 of the Code. 3 5925v2/28902-00097/A LOAN AGREE WESTGLEN '-' ""'" "Resolution" means, collectively, the Master Resolution and Resolution No. 00-212, adopted by the Board on September 26, 2000, and all resolutions amendatory thereof and supplemental thereto "State" means the State of Florida. "Westglen MSBU" means the MSBU established pursuant to Resolution No. 99-116, adopted by the Board on July 6, 1999. "Westglen MSBU Assessment Resolutions" means, collectively, Resolution Nos. 99-116 and 00-179, adopted by the Board on July 6, 1999, and August 22, 2000, respectively. "Westglen MSBU Assessments" means the special assessments levied within the Westglen MSBU pursuant to the Westglen MSBU Assessment Resolutions "Westglen MSBU Bond" means the Special Assessment Improvement Bond, Series 2000A (Westglen MSBU), of the County, which shall be in substantially the form attached hereto as Exhibit A. "Westglen MSBU Project" means the wastewater improvements within the Westglen MSBU and all costs incidental thereto as permitted by the Assessment Act. "Westglen MSBU Project Costs" means all or a portion of the cost of undertaking the Westglen MSBU Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Westglen MSBU Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes; repayment of the Prior Loan; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the Westglen MSBU Project. SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof (a) have been negotiated between the County and the Bank; (b) shall not be construed strictly in favor of or against either party hereto; and (c) shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. SECTION 3. THE LOAN. A. Loan. The Bank hereby makes and the County hereby accepts the Loan, upon the terms and conditions set forth herein. 4 5925vV28902-00097/A LOAN AGREE WESTGLEN '-' "" B. Dishnrsement of Proceeds. Proceeds of the Loan shall be made available by the Bank to the County by deposit of the principal amount thereof to or for the order of the County by 2:00 p.m. on the Disbursement Date in immediately available funds. SECTION 4. DESCRIPTION OF WESTGLEN MSBU BOND. The obligation of the County to repay the Loan shall be evidenced by the Westglen MSBU Bond. The Westglen MSBU Bond shall be dated as of the Disbursement Date; shall mature as set forth therein; shall be in registered form; and shall bear interest from its date until payment of the principal amount thereof, at the Interest Rate. Interest shall be payable as set forth on Exhibit A, calculated on the basis of 360-day year consisting of twelve 30-day months, from its date as to principal at the Interest Rate shown on Exhibit A hereto. The Westglen MSBU Bond may be prepaid in whole or in part prior to maturity without penalty. SECTION 5. EXECUTION OF WESTGLEN MSBU BOND. The Westglen MSBU Bond shall be executed in the name of the County by the Chairman or Vice Chairman and attested by the Clerk or Deputy Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Westglen MSBU Bond may be signed and sealed on behalf of the County by any person who at the actual time of the execution of such Westglen MSBU Bond shall hold the appropriate office in the County, although at the date thereof the person may not have been so authorized. The Westglen MSBU Bond may be executed by the facsimile signatures of the Chairman or Vice Chairman and/or Clerk or Deputy Clerk, provided that at least one of the foregoing signatures must be a manual signature. SECTION 6. REGISTRATION AND TRANSFER OF WESTGLEN MSBU BOND. The Westglen MSBU Bond shall be and shall have all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investment Securities Laws of the State of Florida, and each Registered Owner, in accepting the Westglen MSBU Bond, shall be conclusively deemed to have agreed that such Westglen MSBU Bond shall be and have all of the qualities and incidents of negotiable instruments thereunder. There shall be a Registrar who shall be responsible for maintaining the Register. The person in whose name ownership of the Westglen MSBU Bond is shown on the Register shall be deemed the Registered Owner thereof by the County and the Registrar, who may treat the Registered Owner as the absolute owner of the Westglen MSBU Bond for all purposes, whether or not the Westglen MSBU Bond shall be overdue, and any notice to the contrary shall not be binding upon the County or the Registrar. Ownership of the Westglen MSBU Bond may be transferred only upon the Register. Upon surrender to the Registrar for transfer or exchange of the Westglen MSBU Bond accompanied by an assignment or written authorization for exchange, whichever is applicable, duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may be, a new fully registered Westglen MSBU Bond of the same amount, maturity and interest rate as the Westglen MSBU Bond surrendered. 5 5925v2/28902-00097/A LOAN AGREE WESTGLEN '-' ..., The Westglen MSBU Bond presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The County and the Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the delivery of such Westglen MSBU Bond. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Westglen MSBU Bond shall be delivered. The new Westglen MSBU Bond delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the Westglen MSBU Bond surrendered, shall be secured under this Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as the Westglen MSBU Bond surrendered. Whenever the Westglen MSBU Bond shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Westglen MSBU Bond shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County. SECTION 7. WESTGLEN MSBU BOND MUTILATED, DESTROYED, STOLEN OR LOST. In case the Westglen MSBU Bond shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new Westglen MSBU Bond of like tenor as the Westglen MSBU Bond so mutilated, destroyed, stolen or lost, in lieu of or substitution for the Westglen MSBU Bond, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated Westglen MSBU Bond, upon surrender of such mutilated Westglen MSBU Bond, if any, to the Registrar and the cancellation thereof; provided however, if the Westglen MSBU Bond shall have matured or be about to mature, instead of issuing a substitute Westglen MSBU Bond, the County may pay the same, upon being indemnified as aforesaid, and if such Westglen MSBU Bond be lost, stolen or destroyed, without surrender thereof. Any Westglen MSBU Bond surrendered under the terms of this Section 7 shall be cancelled by the Registrar. Any such new Westglen MSBU Bond issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the new Westglen MSBU Bond, the lost, stolen or destroyed Westglen MSBU Bond be at any time found by anyone, and such new Westglen MSBU Bond shall be entitled to equal and proportionate benefits and rights as to security for payment to the same extent as the West glen MSBU Bond originally issued hereunder. 6 5925v2/28902-00097/A LOAN AGREE WESTGLEN '-' ......, SECTION 8. FORM OF WESTGLEN MSBU BOND. The Westglen MSBU Bond shall be in substantially the form of Exhibit A hereto, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Agreement. SECTION 9. SECURITY FOR WESTGLEN MSBU BOND; WESTGLEN MSBU BOND NOT DEBT OF THE COUNTY. The payment of the principal of and interest on the Westglen MSBU Bond shall be secured forthwith solely by the Westglen MSBU Special Assessments. The principal of and interest on the Westglen MSBU Bond shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to or compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the Westglen MSBU Bond. The Westglen MSBU Bond shall not be secured by, nor constitute, a lien upon the Westglen MSBU Project or upon any money if or in the County, but shall be secured solely by the Westglen MSBU Special Assessments in the manner provided herein. SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on the Westglen MSBU Bond shall have been paid in full or until (a) there shall have been set apart in the Sinking Fund a sum sufficient to pay when due the entire principal of and interest accrued and to accrue on the Westglen MSBU Bond to the Maturity Date, or (b) provision for payment of the Westglen MSBU Bond shall have been made in accordance with the provisions of this Agreement, the County covenants with the Registered Owner of the Westglen MSBU Bond as follows: A. Collection of Assessments. The County will collect the Westglen MSBU Assessments in the manner specified in Section 197.3632, Florida Statutes, and will apply and deposit the proceeds of the Westglen MSBU Assessments into the "Westglen MSBU Bond Sinking Fund", hereby created and established (the "Sinking Fund"). The County will maintain the Sinking Fund as a separate, special fund on the books and records of the County, and will continuously secure the moneys on deposit therein in the manner required for deposits of public funds. B. P;:¡yment~. The County will punctually pay from the Sinking Fund all principal of and interest on the Westglen MSBU Bond when due by wire transfer or other medium acceptable to the County and the Bank. C. Fln;:¡nel;:¡] St;:¡tement~. Not later than 180 days following the end of each fiscal year, the County will provide the Bank a copy of the Comprehensive Annual Financial Report of the County and such other information regarding the levy and collection of the Westglen MSBU Assessments as the Bank may reasonably request in writing. D. Ann]];:¡] R]]deet ;:¡nd Other Tnform::¡tion. The County will prepare its annual budget in accordance with the Act, and will provide to the Bank (i) a copy of its final annual budget for each fiscal year within 30 days of adoption thereof by the Board and (ii) such other public information as the Bank may reasonably request. E. T::¡x rompli;:¡nce. The County will take all actions necessary to maintain the exclusion from gross income for purposes of the Code of interest on the Bond to the same extent as 7 5925v2/28902-00097/A LOAN AGREE WESTGLEN '-' "'-" on the date of issuance of the W estglen MSBU Bond. The Westglen MSBU Bond is not a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. F. Other Covenants. The County shall comply with such additional covenants as may be required by the Bank pursuant to its Proposal and specified in Exhibit B attached hereto. SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and warrants to the Bank that: A. Ore;anization. The County is a political subdivision, duly organized and existing under the laws of the State of Florida. B. AlIthorization of Ae;reement anò Relaten OOClIments. The County has the power and has taken all necessary action to authorize the execution and delivery of and the performance by the County of its obligations under, this Agreement and the Westglen MSBU Bond in accordance with their respective terms. This Agreement and the Westglen MSBU Bond have been duly executed and delivered by the County and are valid and binding obligations of the County, enforceable against the County in accordance with their respective terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general principles of equity regarding the availability of specific performance. C. Weste;len MSRTJ Special Assessments. The County has duly adopted the Westglen MSBU Assessments Resolutions and complied with all requirements of applicable law in connection with the levy of the Westglen MSBU Assessments. D. Financial Statements. The financial statements of the County for the Fiscal Year ended September 30, 1999, previously provided to the Bank have been prepared in accordance with generally accepted accounting principles and present fairly the financial condition of the County as of such date and the results of its operations for the period then ended. Since such date, there has been no material adverse change in the financial condition, revenues (including, without limitation, the Non Ad Valorem Revenues), properties or operations of the County. SECTION 12. CONDITIONS PRECEDENT. The obligation of the Bank to make the Loan is subject to the satisfaction of each of the following conditions precedent on or before the Initial Disbursement Date: A. Action. The Bank shall have received a copy of the Resolution certified as complete and correct as of the closing date, together with an executed Agreement, the executed Westglen MSBU Bond, and the customary closing certificates. B. Tncllmhency of Officers. The Bank shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Agreement and the related financing documents on behalf of the County. 8 5925v2/28902-00097/A LOAN AGREE WESTGLEN j '-' '-" C. Opinion of rOl1nsel to the r01mty. The Bank shall have received a written opinion of counsel to the County addressing matters relating to (I) the corporate existence of the County; (2) the due adoption of the Resolution; (3) the due authorization and execution of this Agreement and the Westglen MSBU Bond and the related financing documents; and (4) the absence of litigation against the County relating to its existence or powers, or the proceedings for the authorization and issuance of the Westglen MSBU Bond, in form and substance satisfactory to the Bank. D. Opinion of Rond r01msel. The Bank shall have received an approving opinion of Bond Counselor, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the approving opinion of Bond Counsel delivered to the County in respect to the Westglen MSBU Bond to the same extent as if such opinion were addressed to the Bank. E. Represent¡:¡tions and Warranties; No Defal1lt The representations and warranties made by the County herein shall be true and correct in all material respects on and as of the Initial Disbursement Date, as if made on and as of such date; no Default shall have occurred and be continuing as of the Initial Disbursement Date or will result from the consummation of the Loan; and the Bank shall have received a certificate from the County to the foregoing effect. F. Other DOCl1ments. The Bank shall have received such other documents, certificates and opinions as the Bank or its counsel shall have reasonably requested. SECTION 13. TAX COMPLIANCE. Neither the County, nor any third party over whom the County has control, will make any use of the proceeds of the Westglen MSBU Bond at any time during the term hereof which would cause the Westglen MSBU Bond to be a "private activity bond" within the meaning of Section 103(b)(1) of the Code or an "arbitrage bond" within the meaning of Section 1 03(b )(2) of the Code. The County covenants throughout the term of the Westglen MSBU Bond, to comply with the requirements of the Code and the Regulations, as amended from time to time. SECTION 14. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, delivered by telecopier, mailed by registered or certified mail, postage prepaid, or delivered by courier service to the parties at the following addresses: County: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: County Attorney Bank: Bank of America, N.A. 625 N. Flagler Drive, 10th Floor West Palm Beach, Florida 33401 Attention: Vanessa G. Civalero, Client Manager and Assistant Vice President 9 5925v2/28902-00097/A LOAN AGREE WESTGLEN - '-' \wJII Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified above, of an original promptly after such communication by telecopier. SECTION 15. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default under this Agreement, and the terms "Default" and "Events of Default" shall mean (except where the context clearly indicates otherwise), anyone or more of the following events: A. failure by the County to make any payment of principal of or interest on the Bond within three (3) days of the applicable Payment Date or the Maturity Date. B. failure by the County to observe and perform any other covenant, condition or agreement on its part to be observed or performed under this Agreement for a period of fifteen (15) days after written notice of such failure shall have been delivered to the County by the Bank, unless the Bank shall agree in writing to an extension of such time prior to its expiration; C. the making of any warranty, representation or other statement by the County or by an officer or agent of the County in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement which is false or misleading in any material adverse respect; D. the filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; E. the filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or F. the admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty (60) days. SECTION 16. ARBITRATION. The Bank may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in this Agreement, and to enforce and compel the performance of all duties required by this Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. 10 5925v2/28902-00097/A LOAN AGREE WESTGLEN '-' '-'" Any controversy or claim between or among the parties hereto including but not limited to those arising out of or relating to this agreement and all notes or instruments executed in connection therewith, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the State of Florida arbitration code, the rule of practice and procedure for the arbitration of commercial disputes and the "Special Rules" set forth below. In the event of any inconsistency, the special rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Note may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this Note applies in any court having jurisdiction over such action. A. Specinl RlJles. The arbitration shall be conducted in Jacksonville, Florida and administered by the American Arbitration Association. All arbitration hearings will be commended within 90 days of the demand for arbitration; further, the arbitrator shall only, upon a showing of cause, be permitted to extend the commencement of such hearing for an additional 60 days. B. Rec::ervntion of Riehts. Nothing herein shall be deemed to (i) limit the applicability of any otherwise applicable statues of limitation or repose and any waivers contained herein; or (ii) be a waiver by the Bank of the protection afforded to it by 12 U.S.C. §91 or any substantially equivalent state law; or (iii) limit the right of the Bank hereto to obtain from a court provisional or ancillary remedies such as (but not limited to) injunctive relief, writ of possession or the appointment of a receiver. The Bank may obtain such provisional or ancillary remedies before, during or after the pendency of any arbitration proceeding brought pursuant hereto. The exercise or ancillary remedies shall not constitute a waiver of the right of any party, including the claimant in any such action, to arbitrate the merits of the controversy or claim occasioning resort to such remedies. SECTION 17. NO RECOURSE. No recourse shall be had for the payment of the principal of and interest on the Westglen MSBU Bond or for any claim based on the Westglen MSBU Bond or on this Agreement, against any present or former member or officer of the Board or any person executing the Westglen MSBU Bond. SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may be amended only in writing signed by both parties hereto. SECTION 20. BINDING EFFECT. To the extent provided herein, this Agreement shall be binding upon the County and the Bank and shall inure to the benefit of the County and the Bank and their respective successors and assigns. 11 5925v2/28902-00097/A LOAN AGREE WESTGLEN '-" '-' SECTION 21. SEVERABILITY. In the event any court of competent jurisdiction shall hold any provision of this Agreement invalid or unenforceable such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 22. EXECUTION IN COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 23. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney BANK OF AMERICA, N.A. By: Title: 12 5925v2/28902-00097/A LOAN AGREE WESTGLEN .~ \..t '-" EXHIBIT A FORM OF ROND No. R-1 $152,000 ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2000A (WESTGLEN MSBU) RATF. OF TNTEREST M A T1 JRTTY DA TE DA TE OF TSS1 IF September 29,2014 September 29,2000 REGISTERED OWNER: Bank of America, N.A. PRINCIPAL AMOUNT: One Hundred Fifty-two Thousand Dollars KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on September I, 2001, and on each September 1 thereafter, to and including the Maturity Date specified above, the installments of the above Principal Amount, as shown on Schedule 2 attached hereto and forming a part hereof (the "Schedule"), and to pay solely from such funds interest thereon from the date of this Bond or from the most recent date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, interest at the Rate of Interest shown above, subject to adjustment as set forth in Schedule I attached hereto, such interest being payable semi-annually on each March 1 and September 1 (an "Interest Payment Date") commencing March 1, 2001, with all unpaid interest being due on the Maturity Date, by wire transfer in accordance with written instructions delivered by the Registered Owner to the County or by such other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. Interest due hereon shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. This Bond is issued to finance the costs of the acquisition and construction of the Westglen MSBU Project, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, Ordinance No. 87- 77 of St. Lucie County, Florida, as amended, and other applicable provisions of law, and Resolution No. 94-196, adopted by the Board of County Commissioners (the "Board") on September 20, 1994, as amended and supplemented, particularly as supplemented by Resolution No. 00-212, duly adopted on September 26,2000 (the "Resolution"), and a Loan Agreement between the County and A-I 5925v2/28902-00097/A LOAN AGREE WESTGLEN \.t "-" Bank of America, N.A., dated September 29, 2000 (the "Agreement"), to which reference should be made to ascertain those terms and conditions. This Bond is payable from and secured solely by a lien upon and pledge of the Westglen Special Assessments (the "Pledged Revenues") in the manner provided in, and subject to the terms and conditions of, the Resolution and the Agreement. The principal of and interest on this Bond shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to require or compel the levy of taxes on any property of or in the County for the payment of the principal of and interest on this Bond. The principal of and interest on this Bond shall not be secured by a lien upon the Westglen MSBU Project, or upon any property of or in the County, but shall be secured solely by the Pledged Revenues in the manner provided herein and in the Agreement. Reference is made to the Agreement for the provisions relating to the security for payment of this Bond and the duties and obligations of the County hereunder. ARBITRATION. The Bank may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in this Agreement, and to enforce and compel the performance of all duties required by this Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. Any controversy or claim between or among the parties hereto including but not limited to those arising out of or relating to this agreement and all notes or instruments executed in connection therewith, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the State of Florida arbitration code, the rule of practice and procedure for the arbitration of commercial disputes and the "Special Rules" set forth below. In the event of any inconsistency, the special rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Note may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this Note applies in any court having jurisdiction over such action. A. Speci::ll RlJles. The arbitration shall be conducted in Jacksonville, Florida and administered by the American Arbitration Association. All arbitration hearings will be commended within 90 days of the demand for arbitration; further, the arbitrator shall only, upon a showing of cause, be permitted to extend the commencement of such hearing for an additional 60 days. B. Reserv::ltion of Riehts. Nothing herein shall be deemed to (i) limit the applicability of any otherwise applicable statues of limitation or repose and any waivers contained herein; or (ii) be a waiver by the Bank of the protection afforded to it by 12 U.S.C. §91 or any substantially equivalent state law; or (iii) limit the right of the Bank hereto to obtain from a court provisional or ancillary remedies such as (but not limited to) injunctive relief, writ of possession or the appointment of a receiver. The Bank may obtain such provisional or ancillary remedies before, during or after the pendency of any arbitration proceeding brought pursuant hereto. The exercise or ancillary remedies shall not constitute a waiver of the right of any party, including the claimant in A-2 5925v2/28902-00097/A LOAN AGREE WESTGLEN y '-" any such action, to arbitrate the merits of the controversy or claim occasioning resort to such remedies. This Bond may be transferred or assigned by the Registered Owner without the prior written consent of the County provided that (1) the County is given notice of such transfer not later than ten (10) days prior to the next Interest Payment Date on the Bonds and (2) the transferee provides to the County an investment letter in form and substance materially the same as the letter provided by the Bank to the County upon the original issuance hereof.. It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Bond, have been performed, exist and have happened in regular and due form and time as so required. IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Bond to be executed by the Chairman or Vice-Chairman of its Board of County Commissioners, and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date of Issue above. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman of the Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners A-3 5925v2J28902-00097/A LOAN AGREE WESTGLEN "-' '-" SCHEDULES TO ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2000A (WESTGLEN MSBU) 5925vl/28902-00097/A LOAN AGREE WESTGLEN \.,., '-wi SCHEDULE I ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS The rate of interest on this Bond shall be adjusted, as set forth below: The interest rate on the Bond is based on (a) the status of the Bond as a tax exempt obligation under Section 103 of the Internal Revenue Code of 1986, as amended ("Code"); (b) the laws in effect on the Date of Issue of the Bond; and (c) the maximum corporate income tax rate in effect and applicable to the Registered Owner on the Date of Issue of the Bond. If the Bond should be determined not to be a tax-exempt obligation for purposes of Section 103 of the Code, the interest rate on the Bond will be adjusted retroactive to the date that such determination became effective in order to preserve to the Bank the after-tax yield that the Bank enjoyed on the Date of Issue of the Bond. The County shall also pay any additions to tax, penalties, any interest on the Bond, and any arrears in interest resulting from such a determination. If the (A) laws in effect or (B) the maximum corporate income tax rate in effect on the Date of Issue of the Bond should change, the Registered Owner may adjust the interest rate on the Bond retroactive to the date of such change to the extent necessary to preserve to the Registered Owner the after-tax yield that the Registered Owner enjoyed on the Date of Issue of the Bond. Any additional interest, and any additions to tax, penalties and interest payable pursuant to the preceding paragraphs shall be payable on the earlier of the first day of the first month or the first interest payment date following the date the Bank notifies the County of the amount due, and thereafter, such increased interest rate shall be payable on the same dates interest would have otherwise been payable. The adjustments provided for in this schedule and the obligation of the County to pay any additional amounts hereunder shall survive the payment of the Bond until the expiration of the statute of limitations applicable to the ability of the Internal Revenue Service to determine that the Bond was not a tax-exempt obligation. SCHEDULE 1-1 5925v2/28902-00097/A LOAN AGREE WESTGLEN ';1 . '-' """ SCHEDULE 2 ST. LUCIE COUNTY SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2000A (WESTGLEN MSBU) AMORTIZATION SCHEDULE (Put In Amortization From William R. Hough & Co. When Final Interest Rate Is Set) SCHEDULE 2 5925v2/28902-00097/A LOAN AGREE WESTGLEN .«. . 5925v2/28902-00097/A LOAN AGREE WESTGLEN '-' EXHIBIT B BANK'S PROPOSAL LETTER C-l 'wi ~ ~ AGENDA REOUEST 'wi ITEM NO. r¡ L DATE: September 21,2000 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Ideal Holding Road MSBU Financing - Resolution No. 00-213 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board adopt Resolution No. 00-213 as drafted. COMMISSION ACTION: CONCURRENCE: pq APPROVED [] DENIED [ ] OTHER: ?~<- Douglas Anderson County Administrator ~YAttorneY:~ Originating Dept, Review and Approvals Management & Budget Purchasing: Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 SEP-20-00 15:24 FROM: '-" ID: """ PAGE 3/3 SSQlJlRE lANDER5 LEGAL COUNSEL WORLDWIDE SQUIRE, SANDERS & DEMPSEY L.L.P. MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florida From: Robert O. Freeman Date: September 19,2000 Re: Ideal Holding Road MSBU Financing The attached resolution provides for approval of a bank loan ("loan") from Bank of America, N.A., and the issuance of a bond in connection therewith. The loan, in an. amount not to exceed $96,000, would refinance the outstanding interim loan taken out in October 1999 and used to finance the acquisition and construction of paving and drainage improvements within the Ideal Holding Road Municipal Services Benefit Unit. The documentation for this loan consists of a Loan Agr~ement between the County and Bank of America, N.A., similar in fonn to documentation the Board approved for the loan for the South County Stadium financing, which closed earlier this year. Security tor the loan would be the special assessments levied against the. benefited property. Neither the faith and credit nor taxing power of the County would be pledged. Closing of the loan is scheduled to occur on S~ptember 29,2000. cc: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Becky Padrick, MSBU Coordinator Christann K. Hartley, Finance Director '959v ¡¡':!89C2-000?2/M·BOARD ~ """ RESOLUTION NO. 00-213 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 94-196 , AS AMENDED AND SUPPLEMENTED BY RESOLUTION NO. 99-94; PROVIDING FOR THE BORROWING OF $96,000 TO FINANCE THE COST OF PAVING AND DRAINAGE IMPROVEMENTS WITHIN IDEAL HOLDING ROAD MUNICIPAL SERVICES BENEFIT UNIT IN THE COUNTY AS PREVIOUSLY AUTHORIZED BY THE BOARD; APPROVING THE PROPOSAL OF BANK OF AMERICA, N.A., TO MAKE A TERM LOAN TO THE COUNTY IN SUCH PRINCIPAL AMOUNT; PROVIDING FOR THE ISSUANCE OF A $96,000 SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2000B (IDEAL HOLDING ROAD MSBU), AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; PROVIDING FOR THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE COUNTY AND THE BANK CONTAINING TERMS AND CONDITIONS RELATING TO SUCH LOAN; PROVIDING FOR THE PAYMENT OF THE BOND FROM CERTAIN PLEDGED REVENUES, INCLUDING SPECIAL ASSESSMENTS; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE BOND AND THE LOAN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and Section 5.01(F) of the Master Resolution and the Series Resolution, and is supplemental to the Master Resolution and the Series Resolution. SECTION 2. DEFINITIONS. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Master Resolution, the Series Resolution or Loan Agreement. "Act" means Chapter 125, Part I, Florida Statutes; County Ordinance No. 87-77, as amended; and other applicable provisions of law. "Bank" means Bank of America, N.A. ~ """ "Board" means the Board of County Commissioners, as the governing body of the County. "Bond Resolution" means, collectively, the Master Resolution, the Series Resolution, this resolution and all resolutions amendatory hereof and supplemental hereto. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County. "Ideal Holding Road MSBU" means the MSBU established pursuant to Resolution No. 96-194, adopted by the Board on August 20, 1996. "Ideal Holding Road MSBU Assessment Resolutions" means, collectively, Resolution No. 96-194, adopted on August 20, 1996, and Resolution No. 99-88, adopted on April 6, 1999. "Ideal Holding Road MSBU Assessments" means the special assessments levied within the Ideal Holding Road MSBU pursuant to the Ideal Holding Road MSBU Assessment Resolutions. "Ideal Holding Road MSBU Bond" means the Special Assessment Improvement Bond, Series 2000B (Ideal Holding Road MSBU), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A. "Ideal Holding Road MSBU Project" means the paving and drainage improvements within the Ideal Holding Road MSBU and all costs incidental thereto as permitted by the Assessment Act. "Ideal Holding Road MSBU Project Costs" means all or a portion of the cost of undertaking the Ideal Holding Road MSBU Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Ideal Holding Road MSBU Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes; repayment of the advance made under bond anticipation notes; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the Ideal Holding Road MSBU Project. 2 5928vl/28902-00072/R-AUTH IDEAL HOLD BONDS '-" ....." "Line of Credit" means the principal amount of $3,000,000 made available by the Bank to the County to finance the engineering and construction of capital projects within municipal services benefit units and approved by the County pursuant to the provisions of Resolution No. 99-56, adopted by the Board on February 23, 1999. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the Loan Agreement between the Bank and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit I, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman' execution thereof. "Master Resolution" means Resolution No. 94-196, adopted on September 20, 1994, as amended by Resolution No. 95-183, adopted on September 5, 1995, and as further amended from time to time. "Paying Agent" means the Clerk of the Circuit Court of the County. "Prior Loan" means the advance of moneys by the Bank to the County pursuant to the Line of Credit. "Proposal" means the proposal submitted to the County by the Bank, dated August 8, 2000. SECTION 3. FINDINGS. It is hereby found, declared, and determined by the Board: (A) The County has heretofore authorized (1) the creation of the Ideal Holding Road MSBU; (2) the undertaking of the Ideal Holding Road MSBU Project; and (3) the levy and collection of the Ideal Holding Road MSBU Assessments to pay the cost of the Ideal Holding Road MSBU Project Costs. The County has outstanding the Prior Loan, the proceeds of which were used to finance Ideal Holding Road MSBU Project Costs. (B) The County has completed the Ideal Holding Road MSBU Project and collected prepayments ofIdeal Holding Road MSBU Assessments, and it is necessary to borrow moneys to be applied together with the Ideal Holding Road MSBU Assessments to repay the Prior Loan and to pay other Ideal Holding Road MSBU Project Costs. (C) The Bank has made the Proposal to the County for the Loan, and, based upon the advice of the Financial Advisor, it is in the best interests of the County and the owners of the properties subject to the Ideal Holding Road MSBU Assessments that the Proposal be accepted. (D) It is necessary and desirable and in the best interest of the County to authorize and approve the execution and delivery ofthe Loan Agreement, the Ideal Holding Road MSBU Bond, 3 5928vI128902-00072/R-AUTH IDEAL HOLD BONDS '-' .~ and the taking of all other action in connection with the consummation of the Loan. SECTION 4. AUTHORIZATION OF IDEAL HOLDING ROAD MSBU BOND. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County of the Special Assessment Improvement Bond, Series 2000B (Ideal Holding Road MSBU), in the principal amount of Ninety-six Thousand Dollars ($96,000) to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Proposal, and to be secured solely by the Ideal Holding Road Special Assessments, is hereby authorized. SECTION 5. APPROVAL OF FORM OF LOAN AGREEMENT AND IDEAL HOLDING ROAD MSBU BOND. The Loan Agreement and the Ideal Holding Road MSBU Bond are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver the Loan Agreement and the Ideal Holding Road MSBU Bond to the Bank. SECTION 6. AUTHORIZATION OF OTHER ACTION. The Chairman, the Clerk, the County Administrator, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the loan Agreement and the Ideal Holding Road MSBU Bond and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf ofthe County which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and the Ideal Holding Road MSBU Bond to the Bank, including, but not limited to, the making of modifications to the Loan Agreement and the Ideal Holding Road MSBU Bond to conform the provisions thereof to the provisions of the Proposal. SECTION 7 . APPLICATION OF PROCEEDS OF LOAN. The proceeds of the Loan shall be applied solely to repayment ofthe Prior Loan and payment ofIdeal Holding Road MSBU Project Costs. SECTION 8. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. SECTION 9. SEVERABILITY. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Ideal Holding Road MSBU Bond or Loan Agreement delivered hereunder. SECTION 10. AMENDMENT. This resolution may not be amended or repealed except with the prior written consent of the Bank. 4 5928vl/28902-00072/R-AUTH IDEAL HOLD BONDS '-" '..".¡ SECTION 11. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 26th day of September, 2000, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL ) By: Chairman, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5 5928vl/28902-00072/R-AUTH IDEAL HOLD BONDS 5928vI128902-00072/R-AUTH IDEAL HOLD BONDS '-" EXHIBIT I FORM OF LOAN AGREEMENT 6 ~ '-" '-" TERM LOAN AGREEMENT between ST. LUCIE COUNTY, FLORIDA and BANK OF AMERICA, N.A. Dated September 29,2000 Relating to St. Lucie County, Florida $96,000 Special Assessment Improvement Bond, Series 2000B (Ideal Holding Road, MSBU) ~' ......, TABLE OF CONTENTS Page SECTION I. DEFINITIONS .................................................... I SECTION 2. INTERPRETATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 SECTION 3. THE LOAN ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 SECTION 4. DESCRIPTION OF WESTGLEN MSBU BOND. . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 5. EXECUTION OF WESTGLEN MSBU BOND ...........................5 SECTION 6. REGISTRATION AND TRANSFER OF WESTGLEN MSBU BOND . . . . . . . . . 5 SECTION 7. WESTGLEN MSBU BOND MUTILATED, DESTROYED, STOLEN OR LOST 6 SECTION 8. FORM OF WESTGLEN MSBU BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 9. SECURITY FOR WESTGLEN MSBU BOND; WESTGLEN MSBU BOND NOT DEBT OF THE COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 10. COVENANTS OF THE COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 11. REPRESENTATIONS AND WARRANTIES ...........................8 SECTION 12. CONDITIONS PRECEDENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION 13. TAX COMPLIANCE ..............................................9 SECTION 14. NOTICES ....................................................... 9 SECTION 15. EVENTS OF DEFAULT DEFINED ................................. .10 SECTION 16. REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 17. NO RECOURSE ................................................. 11 SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS ...... 11 SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS. . . . . . . . . . . . . . . . . . 12 SECTION 20. BINDING EFFECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SECTION 21. SEVERABILITY. . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . .12 SECTION 22. EXECUTION IN COUNTERPARTS .................................12 5929vI/28902-000721A-LOAN AGREE IDEAL HOLD ~. '-tI SECTION 23. APPLICABLE LAW ....................................... .......12 5929v1128902-000721A-LOAN AGREE IDEAL HOLD '-' '-..", This TERM LOAN AGREEMENT is made and entered into as of September 29, 2000, by and between ST. LUCIE COUNTY, FLORIDA (the "County"), and BANK OF AMERICA, N.A. (the "Bank"). WIINE.s..s.EIH~ WHEREAS, the County has previously determined that it is necessary, desirable and in the best interests of the County and its inhabitants that the County undertake the Ideal Holding Road MSBU Project hereinafter described, and that the Ideal Holding Road MSBU Project will serve essential public purposes of the County; and WHEREAS, the County has previously determined to pay the MSBU Project Costs with the proceeds of the Prior Loan, and it is necessary that funds be made available to the County in order to retire the Prior Loan and to provide permanent financing for the Ideal Holding Road MSBU Project, and WHEREAS, pursuant to the Proposal, a copy of which is attached hereto as Exhibit B, the Bank has proposed to lend the County the aggregate principal amount of$96,000 to finance the Ideal Holding Road MSBU Project Costs; and WHEREAS, the County has determined that it is in the best interest of the health, safety, and welfare of the County and the inhabitants thereof that the County pledge the Ideal Holding Road MSBU Assessments to secure the obligation of the County to repay the principal of and interest on the Ideal Holding Road MSBU Bond when due; and WHEREAS, the obligation of the County to repay principal of and interest on the Ideal Holding Road MSBU Bond will not constitute a general obligation or indebtedness of the County as a "bond" within the meaning of any provision of the Constitution of the State, but shall be and is hereby declared to be a special, limited obligation of the County, secured solely by a lien upon and pledge ofthe Ideal Holding Road MSBU Assessments in the manner provided herein. The County is not authorized and cannot be compelled to levy taxes on any property of or in the County to pay the principal of or interest on the Ideal Holding Road MSBU Bond or to make any other payments provided for herein. Furthermore, neither the Ideal Holding Road MSBU Bond nor the interest thereon shall be or constitute a lien upon the Ideal Holding Road MSBU Project or upon any other property of or in the County; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: "Act" means Chapter 125, Part I, Florida Statutes; as amended, Ordinance No. 87-77 duly '-' ~ enacted by the Board, as amended, and other applicable provisions of law. "Authorized County Representative" means the County Administrator or his delegate. "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms of the investment policy ofthe County and applicable law. "Bank" means Bank of America, N.A., a national banking association, with offices located at 625 North Flagler Drive, West Palm Beach, Florida. "Board" means the Board of County Commissioners of the County, as the governing body of the County. "Bond Counsel" means Squire, Sanders & Dempsey L.L.P. "Business Day" means any day of the year other than a day on which the Bank, or the County are lawfully closed for business. "Chairman" means the Chairman of the Board of County Commissioners of the County, or, in the Chairman's absence, the Vice-Chairman of the Board of County Commissioners, or such other person as may be duly authorized to act on the Chairman's behalf. "Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's behalf. "Code" means the Internal Revenue Code of 1986, as amended. "County" means St. Lucie County, Florida. "County Administrator" means the County Administrator, as the chief operating officer of the County. "Default" means an Event of Default as defined and described in Section 16 hereof. "Disbursement Date" means September 29,2000, or such other date on which proceeds of the Loan are disbursed to the County. "Fiscal Year" means the period from each October I to the succeeding September 29. "Ideal Holding Road MSBU" means the MSBU established pursuant to Resolution No. 96- 194, adopted by the Board on August 20, 1996. 2 5929v1/28902-00072/A-LOAN AGREE IDEAL HOLD '-' "-'" "Ideal Holding Road MSBU Assessment Resolutions" means, collectively, Resolution Nos. 96-194, adopted on August 20, 1996, and 99-88, adopted by the Board on April 6, 1999. "Ideal Holding Road MSBU Assessments" means the special assessments levied within the Ideal Holding Road MSBU pursuant to the Ideal Holding Road MSBU Assessment Resolutions "Ideal Holding Road MSBU Bond" means the Special Assessment Improvement Bond, Series 2000B (Ideal Holding Road MSBU), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A. "Ideal Holding Road MSBU Project" means the paving and drainage improvements within the Ideal Holding Road MSBU and all costs incidental thereto as permitted by the Assessment Act. "Ideal Holding Road MSBU Project Costs" means all or a portion of the cost of undertaking the Ideal Holding Road MSBU Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Ideal Holding Road MSBU Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes; repayment of the Prior Loan; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the Ideal Holding Road MSBU Project. "Interest Rate" means the rate per annum equal to 105.82% of the annual rate on the 14-year Treasury Note (ask yield) on the Disbursement Date, subject to adjustment as provided in Schedule I to the Ideal Holding Road MSBU Bond. "Line of Credit" means the $3,000,000 of moneys made available by the Bank to the County to finance the engineering and construction of capital projects within municipal services benefit units and approved by the County pursuant to the provisions of Resolution No. 99-56, adopted by the Board on February 23, 1999. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means this agreement between the Bank and the County setting forth the terms and details of the Loan. "Maturity Date" means the last date on which all remaining, outstanding principal of the Ideal Holding Road MSBU Bond is due as shown on Exhibit A hereto. "MSBU" means a Municipal Services Benefit Unit created pursuant to resolution of the Board adopted from time to time. 3 5929v1128902-000721A-LOAN AGREE IDEAL HOLD '-' """ "Paying Agent" means the Clerk of the Circuit Court of the County. "Payment Date" means the dates on which interest on the Ideal Holding Road MSBU Bond is payable, as shown on Exhibit A, hereto. "Person" or words importing persons, means firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities, and natural persons. "Prepayment Date" means any date of prepayment of the principal of the Loan by the County, whether in whole or in part. "Principal Amount" means Ninety-six Thousand Dollars ($96,000). "Prior Loan" means the advance of moneys by the Bank to the County pursuant to the Line of Credit. "Proposal" means the proposal submitted to the County by the Bank, dated August 8, 2000. "Register" means the books maintained by the Registrar in which are recorded the name and address of the Registered Owner of the Ideal Holding Road MSBU Bond. "Registered Owner" means the person in whose name the ownership of the Ideal Holding Road MSBU Bond is registered on the books maintained by the Registrar. The Registered Owner shall be the Bank. "Registrar" means the Person maintaining the Register. The Registrar shall initially be the Clerk. "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 103 and 141 through 150 of the Code. "Resolution" means, collectively, the Master Resolution, the Series Resolution and Resolution No. 00-213, adopted by the Board on September 26,2000, and all resolutions amendatory thereof and supplemental thereto. "Series Resolution" means Resolution No. 99-94, of the Board, adopted on April 13, 1999 "State" means the State of Florida. SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative 4 5929v1/28902-000721A-LOAN AGREE IDEAL HOLD '-' ""'" words of the plural number and vice versa. This Agreement and all the terms and provisions hereof (a) have been negotiated between the County and the Bank; (b) shall not be construed strictly in favor of or against either party hereto; and (c) shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. SECTION 3. THE LOAN. A. Loan. The Bank hereby makes and the County hereby accepts the Loan, upon the terms and conditions set forth herein. B. Disbursement of Proceeds. Proceeds of the Loan shall be made available by the Bank to the County by deposit of the principal amount thereof to or for the order of the County by 2:00 p.m. on the Disbursement Date in immediately available funds. SECTION 4. DESCRIPTION OF IDEAL HOLDING ROAD MSBU BOND. The obligation of the County to repay the Loan shall be evidenced by the Ideal Holding Road MSBU Bond. The Ideal Holding Road MSBU Bond shall be dated as of the Disbursement Date; shall mature as set forth therein; shall be in registered form; and shall bear interest from its date until payment of the principal amount thereof, at the Interest Rate. Interest shall be payable as set forth on Exhibit A, calculated on the basis of a 360-day year consisting of twelve 30-day months, from its date as to principal at the Interest Rate shown on Exhibit A hereto. The Ideal Holding Road MSBU Bond may be prepaid in whole or in part prior to maturity without penalty. SECTION 5. EXECUTION OF IDEAL HOLDING ROAD MSBU BOND. The Ideal Holding Road MSBU Bond shall be executed in the name of the County by the Chairman or Vice Chairman and attested by the Clerk or Deputy Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Ideal Holding Road MSBU Bond may be signed and sealed on behalf of the County by any person who at the actual time of the execution of such Ideal Holding Road MSBU Bond shall hold the appropriate office in the County, although at the date thereofthe person may not have been so authorized. The Ideal Holding Road MSBU Bond may be executed by the facsimile signatures of the Chairman or Vice Chairman and/or Clerk or Deputy Clerk, provided that at least one of the foregoing signatures must be a manual signature. SECTION 6. REGISTRATION AND TRANSFER OF IDEAL HOLDING ROAD MSBU BOND. The Ideal Holding Road MSBU Bond shall be and shall have all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investment Securities Laws ofthe State of Florida, and each Registered Owner, in accepting the Ideal Holding Road MSBU Bond, shall be conclusively deemed to have agreed that such Ideal Holding Road MSBU Bond shall be and have all of the qualities and incidents of negotiable instruments thereunder. There shall be a Registrar who shall be responsible for maintaining the Register. The person in whose name ownership of the Ideal Holding Road MSBU Bond is shown on the Register shall be deemed the Registered Owner thereof by the County and the Registrar, who may treat the 5 5929vl/28902-000721A-LOAN AGREE IDEAL HOLD \wi '" Registered Owner as the absolute owner of the Ideal Holding Road MSBU Bond for all purposes, whether or not the Ideal Holding Road MSBU Bond shall be overdue, and any notice to the contrary shall not be binding upon the County or the Registrar. Ownership of the Ideal Holding Road MSBU Bond may be transferred only upon the Register. Upon surrender to the Registrar for transfer or exchange of the Ideal Holding Road MSBU Bond accompanied by an assignment or written authorization for exchange, whichever is applicable, duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may be, a new fully registered Ideal Holding Road MSBU Bond of the same amount, maturity and interest rate as the Ideal Holding Road MSBU Bond surrendered. The Ideal Holding Road MSBU Bond presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The County and the Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making any exchange or transfer after the first such exchange or transfer following the delivery of such Ideal Holding Road MSBU Bond. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Ideal Holding Road MSBU Bond shall be delivered. The new Ideal Holding Road MSBU Bond delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the Ideal Holding Road MSBU Bond surrendered, shall be secured under this Agreement, and shall be entitled to all of the security and benefits hereof to the same extent as the Ideal Holding Road MSBU Bond surrendered. Whenever the Ideal Holding Road MSBU Bond shall be delivered to the Registrar for cancellation, upon payment ofthe principal amount thereof, or for replacement, transfer or exchange, such Ideal Holding Road MSBU Bond shall be cancelled and destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the County . SECTION 7. IDEAL HOLDING ROAD MSBU BOND MUTILATED, DESTROYED, STOLEN OR LOST. In case the Ideal Holding Road MSBU Bond shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new Ideal Holding Road MSBU Bond of like tenor as the Ideal Holding Road MSBU Bond so mutilated, 6 5929v1/28902-000721A-LOAN AGREE IDEAL HOLD '-' "'" destroyed, stolen or lost, in lieu of or substitution for the Ideal Holding Road MSBU Bond, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated Ideal Holding Road MSBU Bond, upon surrender of such mutilated Ideal Holding Road MSBU Bond, if any, to the Registrar and the cancellation thereof; provided however, if the Ideal Holding Road MSBU Bond shall have matured or be about to mature, instead of issuing a substitute Ideal Holding Road MSBU Bond, the County may pay the same, upon being indemnified as aforesaid, and if such Ideal Holding Road MSBU Bond be lost, stolen or destroyed, without surrender thereof. Any Ideal Holding Road MSBU Bond surrendered under the terms of this Section 7 shall be cancelled by the Registrar. Any such new Ideal Holding Road MSBU Bond issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the new Ideal Holding Road MSBU Bond, the lost, stolen or destroyed Ideal Holding Road MSBU Bond be at any time found by anyone, and such new Ideal Holding Road MSBU Bond shall be entitled to equal and proportionate benefits and rights as to security for payment to the same extent as the Ideal Holding Road MSBU Bond originally issued hereunder. SECTION 8. FORM OF IDEAL HOLDING ROAD MSBU BOND. The Ideal Holding Road MSBU Bond shall be in substantially the form of Exhibit A hereto, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Agreement. SECTION 9. SECURITY FOR IDEAL HOLDING ROAD MSBU BOND; IDEAL HOLDING ROAD MSBU BOND NOT DEBT OF THE COUNTY. The payment of the principal of and interest on the Ideal Holding Road MSBU Bond shall be secured forthwith solely by the Ideal Holding Road MSBU Special Assessments. The principal of and interest on the Ideal Holding Road MSBU Bond shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to or compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the Ideal Holding Road MSBU Bond. The Ideal Holding Road MSBU Bond shall not be secured by, nor constitute, a lien upon the Ideal Holding Road MSBU Project or upon any money if or in the County, but shall be secured solely by the Ideal Holding Road MSBU Special Assessments in the manner provided herein. SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on the Ideal Holding Road MSBU Bond shall have been paid in full or until (a) there shall have been set apart in the Sinking Fund a sum sufficient to pay when due the entire principal of and interest accrued and to accrue on the Ideal Holding Road MSBU Bond to the Maturity Date, or (b) provision for payment of the Ideal Holding Road MSBU Bond shall have been made in accordance with the provisions of this Agreement, the County covenants with the Registered Owner of the Ideal Holding Road MSBU Bond as follows: A. Collection of Assessments. The County will collect the Ideal Holding Road MSBU Assessments in the manner specified in Section 197.3632, Florida Statutes, and will apply and deposit the proceeds of the Ideal Holding Road MSBU Assessments into the "Ideal Holding Road 7 5929vl/28902-00072/A-LOAN AGREE IDEAL HOLD '-t ....", MSBU Bond Sinking Fund", hereby created and established (the "Sinking Fund"). The County will maintain the Sinking Fund as a separate, special fund on the books and records of the County, and will continuously secure the moneys on deposit therein in the manner required for deposits of public funds. B. Payments. The County will punctually pay from the Sinking Fund all principal of and interest on the Ideal Holding Road MSBU Bond when due by wire transfer or other medium acceptable to the County and the Bank. C. Financial Statements. Not later than 180 days following the end of each fiscal year, the County will provide the Bank a copy of the Comprehensive Annual Financial Report of the County and such other information regarding the levy and collection of the Ideal Holding Road MSBU Assessments as the Bank may reasonably request in writing. D. Annual Budget and Other Information. The County will prepare its annual budget in accordance with the Act, and will provide to the Bank (i) a copy of its final annual budget for each fiscal year within 30 days of adoption thereof by the Board and (ii) such other public information as the Bank may reasonably request. E. Tax Compliance. The County will take all actions necessary to maintain the exclusion from gross income for purposes of the Code of interest on the Bond to the same extent as on the date of issuance of the Ideal Holding Road MSBU Bond. The Ideal Holding Road MSBU Bond is not a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. F. Other Covenants. The County shall comply with such additional covenants as may be required by the Bank pursuant to its Proposal and specified in Exhibit B attached hereto. SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and warrants to the Bank that: A. Organization. The County is a political subdivision, duly organized and existing under the laws of the State of Florida. B. Authorization of Agreement and Related Documents. The County has the power and has taken all necessary action to authorize the execution and delivery of and the performance by the County of its obligations under, this Agreement and the Ideal Holding Road MSBU Bond in accordance with their respective terms. This Agreement and the Ideal Holding Road MSBU Bond have been duly executed and delivered by the County and are valid and binding obligations of the County, enforceable against the County in accordance with their respective terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general principles of equity regarding the availability of specific performance. 8 5929vI/28902-00072/A-LOAN AGREE IDEAL HOLD '-' ,"""" C. Ideal Holding Road MSBU Special Assessments. The County has duly adopted the Ideal Holding Road MSBU Assessment Resolutions and complied with all requirements of applicable law in connection with the levy of the Ideal Holding Road MSBU Assessments. The Ideal Holding Road MSBU Bonds and the Ideal Holding Road MSBU Assessments and all proceedings of the County in connection therewith were validated by judgment ofthe Circuit Court for St. Lucie County, and no appeals were taken with respect to such validations. D. Financial Statements. The financial statements of the County for the Fiscal Year ended September 29, 1999, previously provided to the Bank have been prepared in accordance with generally accepted accounting principles and present fairly the fmancial condition of the County as of such date and the results of its operations for the period then ended. Since such date, there has been no material adverse change in the financial condition, revenues (including, without limitation, the Non Ad Valorem Revenues), properties or operations of the County. SECTION 12. CONDITIONS PRECEDENT. The obligation of the Bank to make the Loan is subject to the satisfaction of each of the following conditions precedent on or before the Initial Disbursement Date: A. Action. The Bank shall have received a copy of the Resolution certified as complete and correct as ofthe closing date, together with an executed Agreement, the executed Ideal Holding Road MSBU Bond, and the customary closing certificates. B. Incumbencv of Officers. The Bank shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Agreement and the related financing documents on behalf of the County. C. Opinion of Counsel to the County. The Bank shall have received a written opinion of counsel to the County addressing matters relating to (1) the corporate existence of the County; (2) the due adoption ofthe Resolution; (3) the due authorization and execution of this Agreement and the Ideal Holding Road MSBU Bond and the related financing documents; and (4) the absence of litigation against the County relating to its existence or powers, or the proceedings for the authorization and issuance of the Ideal Holding Road MSBU Bond, in form and substance satisfactory to the Bank. D. Opinion of Bond Counsel. The Bank shall have received an approving opinion of Bond Counselor, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the approving opinion of Bond Counsel delivered to the County in respect to the Ideal Holding Road MSBU Bond to the same extent as if such opinion were addressed to the Bank. E. Representations and Warranties: No Default. The representations and warranties made by the County herein shall be true and correct in all material respects on and as of the Initial Disbursement Date, as if made on and as of such date; no Default shall have occurred and be continuing as of the Initial Disbursement Date or will result from the consummation of the Loan; 9 5929vl/28902-00072/A-LOAN AGREE IDEAL HOLD '-' \.",I and the Bank shall have received a certificate from the County to the foregoing effect. F. Other Documents. The Bank shall have received such other documents, certificates and opinions as the Bank or its counsel shall have reasonably requested. SECTION 13. TAX COMPLIANCE. Neither the County, nor any third party over whom the County has control, will make any use of the proceeds of the Ideal Holding Road MSBU Bond at any time during the term hereof which would cause the Ideal Holding Road MSBU Bond to be a "private activity bond" within the meaning of Section 103(b)(1) of the Code or an "arbitrage bond" within the meaning of Section 103(b)(2) of the Code. The County covenants throughout the term of the Ideal Holding Road MSBU Bond, to comply with the requirements of the Code and the Regulations, as amended from time to time. SECTION 14. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, delivered by telecopier, mailed by registered or certified mail, postage prepaid, or delivered by courier service to the parties at the following addresses: County: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: County Attorney Bank: Bank of America, N .A. 625 N. Flagler Drive, 10th Floor West Palm Beach, Florida 33401 Attention: Vanessa G. Civalero, Client Manager and Assistant Vice President Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified above, of an original promptly after such communication by telecopier. SECTION 15. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default under this Agreement, and the terms "Default" and "Events of Default" shall mean (except where the context clearly indicates otherwise), anyone or more of the following events: A. failure by the County to make any payment of principal of or interest on the Bond within three (3) days of the applicable Payment Date or the Maturity Date. B. failure by the County to observe and perform any other covenant, condition or agreement on its part to be observed or performed under this Agreement for a period of fifteen (15) days after written notice of such failure shall have been delivered to the County by the Bank, unless 10 5929vl/28902-00072/A-LOAN AGREE IDEAL HOLD '-' """ the Bank shall agree in writing to an extension of such time prior to its expiration; C. the making of any warranty, representation or other statement by the County or by an officer or agent of the County in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement which is false or misleading in any material adverse respect; D. the filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; E. the filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or F. the admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty (60) days. SECTION 16. ARBITRATION. The Bank may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in this Agreement, and to enforce and compel the performance of all duties required by this Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. Any controversy or claim between or among the parties hereto including but not limited to those arising out of or relating to this agreement and all notes or instruments executed in connection therewith, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the State of Florida arbitration code, the rule of practice and procedure for the arbitration of commercial disputes and the "Special Rules" set forth below. In the event of any inconsistency, the special rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Note may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this Note applies in any court having jurisdiction over such action. A. Special Rules. The arbitration shall be conducted in Jacksonville, Florida and administered by the American Arbitration Association. All arbitration hearings will be commended 11 5929v1/28902.000721A.LOAN AGREE IDEAL HOLD '-" 'wtI within 90 days of the demand for arbitration; further, the arbitrator shall only, upon a showing of cause, be permitted to extend the commencement of such hearing for an additional 60 days. B. Reservation of Rights. Nothing herein shall be deemed to (i) limit the applicability of any otherwise applicable statues oflimitation or repose and any waivers contained herein; or (ii) be a waiver by the Bank of the protection afforded to it by 12 U.S.C. §91 or any substantially equivalent state law; or (iii) limit the right of the Bank hereto to obtain from a court provisional or ancillary remedies such as (but not limited to) injunctive relief, writ of possession or the appointment of a receiver. The Bank may obtain such provisional or ancillary remedies before, during or after the pendency of any arbitration proceeding brought pursuant hereto. The exercise or ancillary remedies shall not constitute a waiver of the right of any party, including the claimant in any such action, to arbitrate the merits of the controversy or claim occasioning resort to such remedies. SECTION 17. NO RECOURSE. No recourse shall be had for the payment ofthe principal of and interest on the Ideal Holding Road MSBU Bond or for any claim based on the Ideal Holding Road MSBU Bond or on this Agreement, against any present or former member or officer of the Board or any person executing the Ideal Holding Road MSBU Bond. SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may be amended only in writing signed by both parties hereto. SECTION 20. BINDING EFFECT. To the extent provided herein, this Agreement shall be binding upon the County and the Bank and shall inure to the benefit of the County and the Bank and their respective successors and assigns. SECTION 21. SEVERABILITY. In the event any court of competent jurisdiction shall hold any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 22. EXECUTION IN COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 23. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State. 12 5929v1l28902-00072/A-LOAN AGREE IDEAL HOLD v ...., ~.£ '-- ~ IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written. (SEAL) ATTEST: ~z :,1 ~;:c :~ By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners 5929vI/28902-00072/A_LOAN AGREE IDEAL HOLD 13 ST. LUCIE COUNTY, FLORIDA By: Chainnan, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney BANK OF AMERICA, N.A. By: Title: '-" '-' EXHIBIT A FORM OF BOND No. R-1 $96,000 ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2000B (IDEAL HOLDING ROAD MSBU) RATE OF INTEREST MATURITY DATE DATE OF ISSUE September 29,2014 September 29, 2000 REGISTERED OWNER: Bank of America, N.A. PRINCIPAL AMOUNT: Ninety-six Thousand Dollars KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on September 1, 200 I, and on each September 1 thereafter, to and including the Maturity Date specified above, the installments of the above Principal Amount as shown on Schedule 2 attached hereto and forming a part hereof (the "Schedule"), and to pay solely from such funds interest thereon from the date of this Bond or from the most recent date to which interest has been paid, whichever is applicable, until payment of such Principal Amount, interest at the Rate ofInterest shown above, subject to adjustment as set forth in Schedule I attached hereto, such interest being payable semi-annually on each March 1 and September 1 (an "Interest Payment Date") commencing March 1, 2001, with all unpaid interest being due on the Maturity Date, by wire transfer in accordance with written instructions delivered by the Registered Owner to the County or by such other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. Interest due hereon shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. This Bond is issued to finance the costs of the acquisition and construction of the Ideal Holding Road MSBU Project, under the authority of and in full compliance with the Constitution A-I 5929v1l28902-00072/A-LOAN AGREE IDEAL HOLD '--" ...., and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 ofSt. Lucie County, Florida, as amended, and other applicable provisions of law, and Resolution 94-196, duly adopted by the Board of County Commissioners (the "Board") on September 20, 1994, as amended and supplemented, particularly as supplemented by Resolution No. 99-94, adopted on April 13, 1999, as supplemented by Resolution No. 00-213, adopted on September 26, 2000 (collectively, the "Resolution"), and a Loan Agreement between the County and Bank of America, N.A., dated September 29, 2000 (the "Agreement"), to which reference should be made to ascertain those terms and conditions. This Bond is payable from and secured solely by a lien upon and pledge of the Ideal Holding Road Special Assessments (the "Pledged Revenues") all in the manner provided in, and subject to the terms and conditions of the Resolution and the Agreement. The principal of and interest on this Bond shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to require or compel the levy of taxes on any property of or in the County for the payment of the principal of and interest on this Bond. The principal of and interest on this Bond shall not be secured by a lien upon the Ideal Holding Road MSBU Project, or upon any property of or in the County, but shall be secured solely by the Pledged Revenues in the manner provided herein and in the Agreement. Reference is made to the Agreement for the provisions relating to the security for payment of this Bond and the duties and obligations of the County hereunder. ARBITRATION. The Bank may sue to protect and enforce any and all rights, including the right to specific performance, existing under the laws of the State of Florida, of the United States of America, or granted and contained in this Agreement, and to enforce and compel the performance of all duties required by this Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. Any controversy or claim between or among the parties hereto including but not limited to those arising out of or relating to this agreement and all notes or instruments executed in connection therewith, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the State of Florida arbitration code, the rule of practice and procedure for the arbitration of commercial disputes and the "Special Rules" set forth below. In the event of any inconsistency, the special rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Note may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this Note applies in any court having jurisdiction over such action. A.Special Rules. The arbitration shall be conducted in Jacksonville, Florida and administered by the American Arbitration Association. All arbitration hearings will be commended within 90 days of the demand for arbitration; further, the arbitrator shall only, upon a showing of cause, be A-2 5929vI/28902-000721A-LOAN AGREE IDEAL HOLD '-t .'-" permitted to extend the commencement of such hearing for an additional 60 days. B.Reservation of Rights. Nothing herein shall be deemed to (i) limit the applicability of any otherwise applicable statues of limitation or repose and any waivers contained herein; or (ii) be a waiver by the Bank of the protection afforded to it by 12 U.S.C. §91 or any substantially equivalent state law; or (iii) limit the right of the Bank hereto to obtain from a court provisional or ancillary remedies such as (but not limited to) injunctive relief, writ of possession or the appointment of a receiver. The Bank may obtain such provisional or ancillary remedies before, during or after the pendency of any arbitration proceeding brought pursuant hereto. The exercise or ancillary remedies shall not constitute a waiver of the right of any party, including the claimant in any such action, to arbitrate the merits of the controversy or claim occasioning resort to such remedies. This Bond may be transferred or assigned by the Registered Owner without the prior written consent of the County provided that (1) the County is given notice of such transfer not later than ten (10) days prior to the next Interest Payment Date on the Bonds and (2) the transferee provides to the County an investment letter in form and substance materially the same as the letter provided by the Bank to the County upon the original issuance hereof.. It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Bond, have been performed, exist and have happened in regular and due form and time as so required. IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Bond to be executed by the Chairman or Vice-Chairman of its Board of County Commissioners, and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, all as of the Date of Issue above. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman of the Board of County Commissioners ATTEST: A-3 5929vJn8902-OOO72/A-LOAN AGREE IDEAL HOLD '-" '-" By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners A-4 5929vI/28902-000721A-LOAN AGREE IDEAL HOLD '-' ....., SCHEDULES TO ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2000B (IDEAL HOLDING ROAD MSBU) 5929vI/28902-00072/A-LOAN AGREE IDEAL HOLD '-'" """ SCHEDULE I ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS The rate of interest on this Bond shall be adjusted, as set forth below: The interest rate on the Bond is based on (a) the status of the Bond as a tax exempt obligation under Section 1 03 of the Internal Revenue Code of 1986, as amended ("Code"); (b) the laws in effect on the Date of Issue of the Bond; and (c) the maximum corporate income tax rate in effect and applicable to the Registered Owner on the Date of Issue of the Bond. If the Bond should be determined not to be a tax-exempt obligation for purposes of Section 103 of the Code, the interest rate on the Bond will be adjusted retroactive to the date that such determination became effective in order to preserve to the Bank the after-tax yield that the Bank enjoyed on the Date ofIssue of the Bond. The County shall also pay any additions to tax, penalties, any interest on the Bond, and any arrears in interest resulting from such a determination. If the (A) laws in effect or (B) the maximum corporate income tax rate in effect on the Date of Issue of the Bond should change, the Registered Owner may adjust the interest rate on the Bond retroactive to the date of such change to the extent necessary to preserve to the Registered Owner the after-tax yield that the Registered Owner enjoyed on the Date ofIssue of the Bond. Any additional interest, and any additions to tax, penalties and interest payable pursuant to the preceding paragraphs shall be payable on the earlier of the first day ofthe first month or the first interest payment date following the date the Bank notifies the County of the amount due, and thereafter, such increased interest rate shall be payable on the same dates interest would have otherwise been payable. The adjustments provided for in this schedule and the obligation of the County to pay any additional amounts hereunder shall survive the payment of the Bond until the expiration of the statute of limitations applicable to the ability of the Internal Revenue Service to determine that the Bond was not a tax-exempt obligation. SCHEDULE 1-1 5929vI/28902-000721A-LOAN AGREE IDEAL HOLD ~ ....." SCHEDULE 2 ST. LUCIE COUNTY SPECIAL ASSESSMENT IMPROVEMENT BOND, SERIES 2000B (IDEAL HOLDING ROAD MSBU) AMORTIZATION SCHEDULE (Put In Amortization From William R. Hough & Co. When Final Interest Rate Is Set) SCHEDULE 2 5929vI/28902-OOO72/A-LOAN AGREE IDEAL HOLD '-' 5929v1/28902-000721A-LOAN AGREE IDEAL HOLD EXHIBIT B BANK'S PROPOSAL LETTER C-1 ......, A'etNDA REOUEST ITEM N~ C-2A DATE: September 26. 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): LEISURE SVCS.lGOLF COURSE. SUBJECT: Request Sole Source status for specified vendors at Fairwinds Golf Course, Peter KeoghJnterim Leisure Services Director BACKGROUND: In 1992 Board of County Commissioners opened the first municipal golf course in St. Lucie County. F airwinds Golf Shop became responsible for the purchase and resale of golf merchandise to include sole source items ftom Callaway Golf Clubs! Accessories, Taylor-Made Golf Clubs! Accessories, and Titlelist Golf Division. This fiscal year we are requesting the Board include Spalding Worldwide Sports on the list of sole source providers. FUNDS AVAILABLE Novelties - 418-0000-142015-700 PREVIOUS ACTION: On October 26, 1999 the Board approval a request for Sole Source status of Callaway Golf Clubs! Accessories, Taylor-Made Golf Clubs/Accessories, and Titlelist Golf Division for the remainder of Fiscal Year 1999-2000. RECOMMENDATION: The Leisure Services Fairwinds Golf Course staff recommends that the Board of County Commissioners approve the following as Sole Source providers: 1, Recognize distributors of Callaway Golf Clubs! Accessories, Taylor-Made Golf Clubs! Accessories, Titlelist Golf Division, and Spalding Worldwide Sports as a Sole Source provider for their respective brand of golfing merchandise. 2. Approve a purchasing level of not more than $25,000 for each declared Sole Source provider, October 1,2000 through September 30,2001. Review and Approva~.t) M'\/W'PIv (X)Ma~~ent & BUdget~~) Purchasing: ~ County Attorney æ CONCURRENCE: ?~~ . Douglas Anderson, County Administrator X} Lei."re servioe'/Goi~.-~A: COMMISSION ACTION: ec] APPROVED [ ] DENIED [ ] OTHER: , , c""",- 'W" ~ LEISURE SERVICES DEPARTMENT Fairwinds Golf Course MEMORANDUM VIA: Board of County Commissioners Peter Keough, Interim Leisure Services Director C(r¿ Timothy Coolican,Golf Course Manage~ September 26, 2000 TO: FROM: DATE: RE: F airwinds Golf Course Sole Source Distributors In 1992 the Board of County Commissioners opened the first municipal golf course in St. Lucie County, Along with the responsibility of operating the golf course play, a golf shop was established. This included a formulation and implementation of a yearly merchandise buying plan that would meet customer needs, This plan would include the resale of golf shop merchandise on a retail basis. Distributors such as Callaway GolfClubs!Accessories, Taylor-Made Golf Clubs/Accessories, and Titlelist Golf Division, and Spalding Worldwide Sports are sole source providers for their respective brand golfing merchandise. Due to the demand for these particular golf clubs and accessories, we are exceeding the purchase levelof$IO,OOO. Therefore, because of the Sole Source status of these distributors, it is considered necessary to approach the Board requesting consideration and approval of a higher purchasing level under the Sole Source criteria. RECOMMENDATION: The Leisure Services Fairwinds Golf Course staff recommends the Board of County Commissioners approve the following requests for Sole Source providers: 1. Recognize distributors of the following vendors as Sole Source providers for their respective brand golfing merchandise,: A. Callaway Golf Clubs! Accessories B. Taylor-Made Golf Clubs! Accessories C. Titlelist Golf Division D. Spalding Worldwide Sports 2. Approve a purchasing level of not more than $25,000 for each Sole Source provider, October 1,2000 through September 30,2001. '-" AGENDA REQUEST "'" ITEM NO. C-2B DATE: SEPTEMBER 26, 2000 REGULAR [ PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): LEISURE SVCS. /GOLF COURSE. Peter Keouah Interim Leisure Services Director SUBJECT: The Fairwinds Golf Course Fiscal Year 2000-2001 Golf fee schedule. BACKGROUND: It is the policy of the Fairwinds Golf Course to request permission from the Board of County Commissioners to adjust golfing fees as the season dictates. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Staff requested fee adjustments in september 1999. RECOMMENDATION: Staff recommends the Board of County Commission approve: 1) Increase morning golf fees $1 for Associate Membership card holders ($34 to $35) December 19, 2000-April 18,2001, as outlined in Resolution No. 00-203 Exhibit A; 2) Authorize the Leisure Services Director and the Golf Course Manager flexibility to lower fees on an as needed basis, April 19-5eptember 30, 2001, no more than 30 percent to remain competitive with the local market. COMMISSION ACTION: CONCURRENCE: [ X] APPROVED [ ] OTHER: DENIED r/2-z;L, Douglas Anderson County Administrator ~/ Review and A'øl>roval. COO",y M'omey jL ct t Leisure Services Golf: ~ .f '-" '-" LEISURE SERVICES DEPARTMENT Fairwinds Golf Course MEMORANDUM TO: Board of County Commissioners ,ç:¡Ç) FROM: Timothy Coolican, Golf Course Manager if ¡.Il VIA: Peter Keough, Interim Leisure Services Director DATE: September 26. 2000 SUBJECT: 2000-2001 Golf Rates at Fairwinds Golf Course At the beginning of the new fiscal year, Fairwinds Golf Course conducts a rate analysis of golf fee rates in St. Lucie County, as well as, Martin, and Indian River Counties. A survey of eleven (11) golf courses, for moming18 holes of golf during the peak golfing season has been recently completed. Some golf courses are undecided whether to maintain their fee schedule or raise fees slightly; the majority felt the fee schedule will remain unchanged. A rate analysis chart is provided for review. GOLF COURSE COUNTY 2000-2001 2000-2001 Golf Fees w/tax Resident Fees w/tax PGA Reserve St. Lucie 7 day adv-$75 same 4 day adv-$90 PGA/Pete Dye Course St. Lucie (opening January $115 same 2000) St. Lucie West St, Lucie $75 . same Gator Trace St. Lucie $44 same Indian Pines St. Lucie $38 same Indian Hills St. Lucie $40 $34,08 Eagle Marsh Martin $77 same Ballantre Martin $80 same Club Med St. Lucie $45 same Sandridge Indian River $40 $34.25 F airwinds St. Lucie $42 $35 RATE ANALYSIS - 2000 - 2001 THREE COUNTY PEAK SEASON At the regular meeting ofthe Recreation Advisory Board on August 21, 2000, the Golf Course Manager requested the Advisory Board approval for a proposed rate increase for Associate Membership card holders. The Recreation Advisory Board unanimously approved the proposal. '-'" Board of County Commissioners September 26, 2000 page 3 of3 ....." RECOMMENDATION: The Leisure Services Fairwinds Golf staff recommends the Board of County Commission approve: l)Increase morning 18 hole golf fees for Associate Membership card holders by $1 ($34 to $35) December 19, 1999 - April 18, 2000, as outlined in Resolution No.00-203 Exhibit A:, 2) Authorize the Leisure Services Director the flexibility to lower fees on an as needed basis, April 19 - September 30, 2000 no more than 30 percent to stay competitive with the local market. "-' 'wfII RESOLUTION NO. 00-203 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ESTABLISHING A RATES AND FEES SCHEDULE FOR FISCAL YEAR 2000- 2001 FOR THE ST. LUCIE COUNTY FAlRWINDS GOLF COURSE, PROVIDING THAT THESE RATES AND FEES WILL STAY IN EFFECT UNLESS CHANGED BY SUBSEQUENT RESOLUTION OF THE BOARD; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The St. Lucie County Fairwinds Golf Course opened for play on December 15, 1991, and since that time the rates and fees have been reduced and increased several times as the seasons have dictated. 2. The rates and fees schedule for fiscal year 2000-2001 for the St. Lucie County Fairwinds Golf Course is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby establish the rates and fees schedule for the 2000-2001 fiscal year for the St. Lucie County Fairwinds Golf Course, as set forth in the "Fairwinds Golf Course Rates 2000 - 2001" attached hereto and made a part hereof as Exhibit "A". 2. This Board authorizes the Leisure Services Director to lower rates only by a thirty (30%) percent variance on an as needed basis from April 19, 2000 - September 30,2001 in order to stay competitive in the local market. "-" "'-"" 3. This resolution shall take effect upon adoption. 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 26th day of September, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY v ....., > (j) ~:--;I:E > (j) 0 > (j) -J:J:>-< ~ @ 00» ~ @ ëñ ~ @ 0 CD ::]C?ï 0 CD 0 0 CD Q)Q)~!: 0 ::] -00 0 ::] 0 ::] a.a.0 iir "T1 eo..~ iir "T1 0 ii)' -n £" ~r ~" f!! - >.....z - c - CD CD ;::s!U1G') CD CD Z CD CD 0 CD CD CD ii C/) "C "C CÐ -< š: CD> š: -f š: n ~ ..,' f,!o f,!o - <II - CD .....~ CD » CD 0 £.<IIZ~Š:o 3 Q) 3 0 3 0 i <IIc...0gCDO ~ Öeo "T1 i g Q) -f C' Q) lngi' 3!'+ S' oJ: ;:¡. m CD ;:¡. ... Qo-"oaC'T ëi) co "tJ0 ëi) ::0 ëi) ...a. ;ugQ) CDC/) =r =r =r ~~a ëi).g '6' ~CD '6" .... '6' I c: 1\1 :r. !'+ " CII N C ![ 2f. "C W (It (It ...a. m (It (It .... 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C-2 C DATE: 9/26/2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Dollman FRDAP Grant - Extension BACKGROUND: St. Lucie County received a grant in the amount of $100,000.00 from the Florida Recreational Development Assistance Program to develop a public beach park at Dollman. Grant was provided on September 22, 1997, we received a one year extension on September 27, 1999, and have been granted an additional year extension. FUNDS AVAIL.: Funds are available in account number 001232-7240-563000-7958 PREVIOUS ACTION: BOCC approval of Amendment 1 to Agreement on September21 , 1999 item number C-11 B. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the extension Amendment #2 and authorize the Chairman to sign. COMMISSION ACTION: CONCURRENCE: pq APPROVED [] DENIED [ ] OTHER: ?~~ Doug Anderson County Administrator Originating Dept: Coordination/Siqnatures Mgt. & B"dgel,J!1If\~ / elI!J Other: Purchasing Mgr.: County Attorney: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H,\Agenda Requesc Dollman FRDAP.vpd Department of ."" Environmental Protection '-'" Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B. Struhs Secretary September 11, 2000 Mr. Don McLam Recreation Manager Recreation Department St. Lucie County 2300 Virginia A venue Fort Pierce, Florida 34982 Re: Dollman Beach Park FRDAP Project No. F98044 Dea~ Attached are two original amendments to extend the construction completion date for this project. Please execute and return both original copies to our office. In signing the amendments, do not complete the blank spaces for the execution date. Our staff will date the amendment when formally executed by the Department of Environmental Protection and one original copy will be returned to you. Your immediate attention to this matter is appreciated. Sincerely, f11,Û¡[t Mary Ann e Communi y ssistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 "'l~ MAUbg Enclosure "Ñ1ore Protection, Less Process" Printed on recycled poper. .. ~ ~ FS044 (DEP Contract Number) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment 2 to Agreement This Amendment entered into on , 19___, serves to amend portions of the Agreement dated September 22, 1997, as amended, September 27, 1999, by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and St. Lucie County, hereinafter referred to as GRANTEE, for the approved recreational project known as Dollman Beach Park, Project #F98044. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Paraqraph 9 Sentence 1 is amended as follows: The GRANTEE shall complete all project elements on or before September 30, 2001. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall remain in full force and effect. .' v ..."". IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY By: By: Director or Designee *Chairman or designee Division of Recreation and Parks Title: Address: Post Office Box 760 Fort Pierce, Florida 34954-0760 Approved as to Form and Legality: ~ ~par t Attorney Grantee Attorney ** If someone other than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. DEP 42-050 Revised 02-21-99 .., ~ LUCIE COUNTY - BOARD ""'" 1 09/22/00 PAGE FZABVARR VARRANT UST #52- 16-SEP-2000 TO 22-SEP-20oo FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 75,032.25 22,180.40 001125 TC Community Action Agency FY 99/00 1,993.49 0.00 001126 Section 112/MPO/FHVA Planning 99/00 130.06 0.00 001245 TRIP Grant FY 99/00 17,579.52 0.00 001246 99/00 Emergency Mgmt. Prep & Assist 1,168.00 0.00 001247 99/00 Hazardous Material Grant 1,370.90 0.00 001248 TDC Planning Grant FY 99/00 86. 17 0.00 001261 South County Stadium 34,524.00 0.00 101 Transportation Trust Fund 53,826.88 1,736.00 101002 Transportation Trust/80% Constitut 10,416.49 0.00 101003 Transportation Trust/Local Option 4,948.75 0.00 101006 Transportation Trust/Impact Fees 51,579.34 0.00 102 Unincorporated Services Fund 16,936.96 0.00 105 Library Special Grants Fund 4,006.29 0.00 107 Fine & Forfeiture Fund 91,104.80 0.00 107116 Local Law Enforcement Block Grant 60,270.28 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 0.00 119 Holiday Pines Fund 706.36 0.00 123 Queens Cove Lighting Dist/13 Fund 247.70 0.00 136 Monte Carlo Lighting MSTUl4 Fund 1,285.66 0.00 138 Palm Lake Gardens MSTU Fund 104.53 0.00 140 Port & Airport Fund 19,859.38 0.00 140001 Port Fund 6,426.26 0.00 160 Plan Maintenance RAD Fund 2,506.90 0.00 183 Ct Administrator-19th Judicial Cir 140.29 0.00 183001 Ct Administrator-Arbitration/Mediat 9.87 0.00 183210 Courts Admin. Civil Traffic Infrac 680.00 0.00 184202 Ft Pierce Inlet Mgmt Implementation 5,461.23 0.00 184203 Ft. Pierce Beach Restoration 2,150.00 0.00 184803 FIND-Ft Pierce Inlet Hydrodynamic 2,251.44 0.00 185001 SHIP Housing Assistance FY 00/01 24,021.16 0.00 186 Recycling Operating Fund 13.16 0.00 186203 Recycling & Education 99/00 7,403.16 0.00 304 Communication System Fund 2,931.96 0.00 310002 Impact Fees-Parks 13,662.80 0.00 316 County Capital 70,120.53 0.00 316001 Transportation Capital 144,524.10 0.00 392 Ideal Holding Road MSBU Capital 473.93 0.00 395 River Branch HSBU Capi tal 2,800.00 0.00 401 Sanitary Landfill Fund 103,749.20 0.00 401219 FDEP Vaste Tire 99/00 7,590.00 0.00 418 Golf Course Fund 6,440.92 0.00 421 H.E.V. Utilities Fund 440. 19 0.00 441 North Hutchinson Island Utilities 206,252.55 0.00 449 Capital Facilities Fund 6,750.00 0.00 451 S. Hutchinson Utilities Fund 7,281.42 0.00 .. '-' '.....,¡ 09/22/00 ST. LUCIE COOOY - BOARD PAGE 2 FZABVARR VARRANT UST #52- 16-SEP-2000 TO 22-SEP-2000 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 461 Sports Complex Fund 1,072.53 0.00 471 Holiday Pines Utilities Fund 240,686.97 0.00 491 Building Code Fund 67.41 0.00 501 Information Technology Fund 9,343.73 0.00 505 Health Insurance Fund 64,729.23 7,179.83 505001 Property/Casualty Insurance Fund 3,178.50 0.00 510 Service Garage Fund 8,020.20 0.00 611 Tourist Development Trust-Adv Fund 632.76 0.00 625 Law Library 4,108.55 0.00 676 King Orange MSBU Fund 4,875.00 0.00 GRAND TOTAL: 1,409,099.17 31,096.23 , 09/22/00 FZABVARR "wi \w-' ST. LUCIE COOOY - BOARD VOID LIST# 52- 16-SEP-2000 TO 22-SEP-2oo0 FUND: 107 - Fine & Forfeiture Fund CHECK TOTAL INVOICE VENDOR 00262091 12031643 Clerk Circuit Court Hartin Cou FUND TOTAL: 6.00 6.00 PAGE 1 09 /22/00 ~ LUCIE COUNTY - BOARD ''-' FZABYARR VOID USTI 52- 16-SEP-2000 TO 22-SEP-2000 FUND: 441 - North Hutchinson Island Utilities CHECK INVOIcE VENDOR 00024389 12032234 Clerk Circuit Court Hartin Cou FUND TOTAL: TOTAL 12.99 12.99 PAGE 2 '-" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: Bi-Weekly Committee Reports """ ITEM NO. -AIL DATE: September 26, 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 Treasure Coast Regional Planning Council Treasure Coast Community Alliance COMMISSION ACTION: FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A [ ] APPROVED [ ] DENIED [X] OTHER: Reports Given Meeting Date Monthly 2nd Thursday 2nd Tuesday 3rd Thursday 2nd Thursday 2nd Wednesday 3rd Wednesday 2nd Wednesday 3rd Friday Monthly CONCURRENCE: Commissioner Barnes Barnes Coward Lewis/Barnes Lewis Coward Bruhn/Hutchinson Lewis Coward/Hutchinson B ru h n 9~L- Douglas Anderson County Administrator County Attorney: Management & Budget Review and Approvals Originating Dept. Other: Purchasing: Other: ~ ....." VOTING. BALLOT SUBJECT: TOURIST DEVELOPMENt COUNCIL PLEASE. SELECT ONE. (1) Susan Hampsey . Rey Miranda .....~ ~...' ;/""-'" / .,," ~. / COMMISSIONER'S SIGNATURÉ:.c éÞ/)~i.1!h-<,y,'Y>oJ / \ '-.., '-' "'" VOTING BALLOT SUBJECT: TOURIST DEVELOPMENT COUNCIL pLEASE: SELECT ONE (1 ) Susan Harnpsey / . Rey Miranda ;_. COMMISSlONER'SSIGNATURE: ,vi;:) ~~Ii:O ~ ~ VOTING BALLOT SUBJECT: TOURIST DEVELOPMENT COUNCIL PLEASE SELECT ONE (1 ) Susan Hampsey f . Rey Miranda -' COMMISSIONER'S SIGNATURE: ~ Cow..,J '-' '-" VOTING BALLOT SUBJECT: TOURIST DEVELOPMENT COUNCIL PLEASE SELECT ONE (1) Susan Hampsey Rey Miranda ;- COMMISSIONER'S SIGNATURE: I '-' "'" VOTING BALLOT SUBJECT: TOURIST DEVELOPMENT COUNCIL PLEASE. SELECT ONE (1 ) Susan Hampsey . - Rey Miranda ~ V- COMMISSIONER'S SIGNATURE: d '-" VOTING. BALLOT ...." SUBJECT: TOURIST DEVELOPMENT COUNCIL Pl£ASE SELECT ONE (1) Susan Hampsey Rey Miranda COMMISSIONER'S SIGNATURE: . '-" \lOTING BALLOT -..."ì SUBJECT: TOURIST DEVELOPMENT COUNCIL PŒASE. SELE.CT ONE (1) Susan Hampsey Rey Miranda COMMISSIONER'S SIGNATURE: . '-' VOTING. BALLOT ....." SUBJECT: TOURIST DEVELOPMENT COUNCIL PLEASE SELECT ONE (1) Susan Hampsey Rey Miranda COMMISSIONER'S SIGNATURE: . '-' VOTING BALLOT "'-" SUBJECT: TOURIST DEVELOPMENT COUNCIL PI.£ASR SELECT ONE. (1 ) Susan Hampsey Rey Miranda COMMISSIONER'S SIGNATURE: . '-" VOTING BALLOT ....." SUBJECT: TOURIST DEVELOPMENT COUNCIL PL.EASE SELECT ONE (1) Susan Hampsey Rey Miranda COMMISSIONER'S SIGNATURE: . '-" VOTING BALLOT "w1JI SUBJECT: TOURIST DEVELOPMENT COUNCIL PLEASE SELE.CT ONE (1) Susan Hampsey Rey Miranda COMMISSIONER'S SIGNATURE: . '-" VOTING BALLOT ...."" SUBJECT: TOURIST DEVELOPMENT COUNCIL PŒASE SELECT ONE (1) Susan Hampsey Rey Miranda , COMMISSIONER'S SIGNATURE: . '-" VOTING BALLOT ..".,., SUBJE.CT: TOURIST DEVEL.OPMENT COUNCIL PLEASE SELECT ONE. (1) Susan Hampsey Rey Miranda COMMISSIONER'S SIGNATURE: . '-' VOTINa BALLOT .."", SUBJECT: TOURIST DEVELOPMENT COUNCIL PLEASE SELECT ONE (1) Susan Hanlpsey Rey Miranda COMMISSIONER'S SIGNATURE: . - '-"' VOTING BALLOT ,... SUBJECT: TOURIST DEVELOPMENT COUNCIL pLEASE SEL£CT ONE (1 ) Susan Hampsey Rey Miranda COMMISSIONER'S SIGNATURE: . t.rJ æ e.., ~ ~ .. à o ~ ~ ~ o ~ AGENDA REQUEST ''-' ITEM NO. -SA- '-' DATE: September 26, 2000 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Tourist Development Council BACKGROUND: On August 21, 2000, Gayla Barwick, St. Lucie County Tourism Manager, sent notification to Administration that Juanita Landreneau has resigned her At Large/Operator position. She requested that we fill this vacancy. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board nominate one (1) applicant to fill the vacancy for the Tourist Development Council At Large/Operator position. This item has been rescheduled from September 12, 2000. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ] DENIED [ ] OTHER: 9~L.., Douglas Anderson County Administrator Susan Hampsey appointed (3-2) (Lewis, Coward, Bruhn) Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: other: Finance: (Check for Copy only, if applicable) Eff. 5/96 , , FORT PIERCE -.....I PORT ST LUCIE S1: I.J.J<:Œ COUNIY ST DEVElPPMENT C~ HUTCHINSON ISLAND FLORIDA _~JP ~V ~\\ry MEMO To: Diane Turner From: Gayla BarwiCk'ß Date: August 21, 2000 Re: Appointment for Tourist Dev. Council As we have discussed, Juanita Landreneau has resigned her "At Large" position on the Töurist Development Council as of August 2000. To date, I have not received her resignation letter. I have two applications for the Board's consideration for this "Operator" seat, which I have attached. Should you need anything further from me, please call at ext. 1535. Thank you. ------_.._~_.- -- -- - -- -._.--- --~------ ¡f~ì Œ l,,; L~ ~ 1'01 Œ r;'\ ¡, ,'-'--..._",.__... - ' ,< i ~.. _ ' ; I ¡ \ i r;\ II Ii i \ í ' i n If i - AUG 22__~OO , LJ I ¡ CO. AD~/'~J. OFFi:./r:: . -"- ------- S6:U~. S6:U~. 2300 Virginia Avenue. Ft. Pierce. FL 34982 . (561) 462-1535 . FAX: (561) 462-2132 · 1-800-344-TGIF '-' -....I St. Lucie County Board of County Commissioners Application for Servin9 on County Boards and Committees 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. 2. 3. 4. 5. 6. 7. PLEASE INDICATE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE NAME: SuSQYI ¿;h1I'.s~ PHONE: S/,I- :Iff.(' 9/0 HOME ADDRESS: ¡;~ ¿ox iJ 7' g f:".¡... {J¡'e"~ e I .¡:;:. :lýq ~p N*:/ ;;'100 ..5. ()C't:tlP1 }Jr. v/ll~ ,c/. Ik,.-ce, 3ÝCf'l1 WHICH COMMISSION DISTRICT DO YOU LIVE IN? à:s-lr-,·c.-+- -# S- BUSINESS/OCCUPATION ;-Iot/IJI'<f:Do" 6<l¥t'sr ¿!cI./ '" $'v¡if.( /awt'nd £/-''''9u BUSINESS ADDRESS: l/lg/) 5t'PÞ/(; ~ l> r-. / Fl-. I/'~"'ce. I fí- PHONE: ~/.......5"9.r=- O? 1/ BRIEF RESUME OF EDUCATION & EXPERIENCE:(please attach resume) . /Î"¡t f1t;t¡,~~ #-OM ;¡:UL - ~J',t,e.fJ . a.- v,;" d' ¡ r f e. ty, ""c e ¡ ^ .e. hðf. ¡ k /, J.---'" q,,¡'" - = ..:- .5 e-e.. ',.e. e-f ~"., L arh,;.¿, e / - 8. DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE LIST: ~ WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) INDICATED? ~ ¿:. nøk.t;U..a ~,r ¡: AAvt. a I/erk/ I~~,.e.r¡' If,.¡ roMO!,;;' -IzJl/("','.rAof -10 sA tuu~ I;' ~~/,~t1¿'" ~,.,.. µ".. 'f'4~r ,,c l'.).e~/;Þr (e /-.., Me. '¡'n~·1 /;../".t.#- WOULD YOU CONSIDER sERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) 3~Ac"t. l'''d~r1l"4~t:> oo, -¡dIlL ¡;rc-c.. , , COMMENTS: 9. 10. 11. SIGNATURE: )ji¡C/¡./~ DATE: 7/17100 APPLICA TION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to:St. Lucie County Administrator's Office 2300 Virginia Ave., Ft. Pierce, FI. 34982 Phone: 462-H~fð .-. SUSAN M. ~ HAMPSEY PO BOX 3493 . FORT PIERCE, FL 34948 (561)284-3910. EMAIL: SHAMPSEY @AOL.COM .._._---_._--_._------._-~----_._----------------------.------------------ EXPERIENCE ------------_._-_._--------~-_. --,-------.---.------ 1/4/99 - Present Holiday Inn Express Hotel & Suites General Manager · Oversee and direct all operations of the hotel · Responsible for sales and marketing. · Manage all hotel expenses within approved budget. Ft. Pierce, FL 1998-1999 Sea & Shore Realty, Inc. Ft. Pierce, FL Real Estate Sales Agent · Specialized in condominium sales, rentals and property management. · Responsible for all office accounting, including maintaining escrow accounts. 1996-1998 Ocean Village PDA, Inc. Ft. Pierce, FL Rental Office Manager a Responsible for promoting and renting seasonal and annual condominiums for a 150 unit rental program a Accounting procedures including maintaining escrow accounts, distribution of rental proceeds, reconciliation of general ledger, tax reports. 1993-1996 Vistana Resort/Cypress Pointe Resort Orlando, FL Sales Associate a Promote sale of Time share condominium via resort tours and telemarketing. a Processing of all contracts and handling of transaction settlements. ~ ......,¡ 1986-1993 Vista Host, Inc. d.b.a. Holiday Inn Ft. Pierce, FL Front Desk Manager (1986-1989), (1992-1993) Housekeeping Manager (1989-1990) Administrative Assistant / Catering Director (1990-1992) Q Administrative Responsibilities: all phases of accounting including accounts payable/receivable, payroll, reconciling general ledger, and daily deposits. Q Management responsibilities: overseeing front desk operations, all areas of Guest Services, room inspections, scheduling, forecasting, inventory and responsible for all phases of hotel operations during shift as Manager on Duty. -,_._-_._-----~-----_._~--_._----------_.._-------_._-_.------- ED DCA TION 1990-1995 Indian River Communi1:}^ College . AA Degree, Business/ Accounting Licenses: Florida Real Estate Broker Bass Hotels & Resorts Certificate completions: Q New Hotel Openeing Program Q General Manager Course Q Maximizing Express Revenue Fort Pierce, FL --_._------_._.__._--_..._-_.....--_._-_.._--~-_._-_.,--_.~._-,~._-_.-~----_._-----_..~--_._--------_._.--_._------.-.-..--.....----....-.-----.--.. -----------------------------------------.--.--..-------_._---~._--~--_._--_._.-._----_._------_..----_.._--- 2 E-MAIL SHAMPSEY@AOL.COM ~ '...I St. Lucie County Board of County Commissioners Application for ServinQ on County Boards and Committees 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 responsibil¡ties may require disclosure of financial interests. Please complete the following information: 1. 2. 3. 4. 5. 6. PLEASE INDICATE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE NAME:ß:y m;,q4N.{)A PHON~ I) ó2..ól.t¡"()4J.'1 HOME ADDRESS:/IOOD ~. O<J:!!tflN'iY<. 'E ~e,.,.se- ée.4G~" 1='1 tiJ-I-9S7 WHICH COMMISSION DISTRICT DO Ýou LIVE IN? ¢7; ~I.L<:; e Co. BUSINESS/OCCUPATIONß,O~~ .£es.OQÎ - "o,I\.~¡t¿ of.s~1es 'f.RJ~. BUSINESS ADDRESS: Øl'OO Nottüh IJ I ¡q Pi: -ReAs:.e..1 1='1 .3yt;4/<7 PHONE~¿~) 4.65..S5«¡l/ BRIEF RESUME OF EDUCATION & EXPERIENCE:(please attach resume) ~~ 1<.~Uft142.. 7. I 8. DO YOU CURRENTLY SERVE ON A COUNTY COMtvUTTEE(S). IF SO, PLEASE LIST: NII9 , WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) IN,DICATED? my V1J4'r E)l.p/e~<:.~ ,Ï<v ,"~;:"ï;,¡, r)' ~-!) ïiJ__¡q,$hJ / NO u.$iÏQ WOULD YO CONSIDER SERVING ON ANOTHER BOARD OTHE~ THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) NO" Lði" ,... or h.tJva. 71.e. A!()LJ/íïo,."lO(; 7íMe N e.~....o . COMMENTS:Z' wot-',-O CC""~t.òe.1ft¿ iT 10 "ONOI« 76 ~ P1<l¡t(U-O¡:- ïhi~ ßo.tJA..o. 9. 10. 11. SIGNA TURE: . DATE' 7fof/OO A TION WILL REMAIN EFFECTIVE OR' ONE YEAR Submit to:St. Lucie County Administrator's Office 2300 Virginia Ave., Ft. Pierce, FI. 34982 Phone: 462·1, !51ð '-" ..., Rev Miranda 11000 S. Ocean Drive, Unit 6E Jensen Beach, Florida 34957 (561) 229-0461 Summary of Qualifications Experienced tourism executive specializing in resort and hotel marketing and management. Seasoned and effective in both direct industry functions and outside industry development. Responsible for major increases in occupancy and sales in all direct industry positions. Professional Experience 4/98 to Present Brochure Graphics, Apopka, Florida Vice President - Sales and Marketing Responsible for hotel and resort accpunts, to develop and implement sales and promotional programs. Produced advertising campaigns, brochures and direct mail pieces. 10/95 to 4/98 Jensen Beach Chamber of Commerce - Jensen Beach, Florida Executive Director Responsible for the development of membership, the creation and follow through of fund raisers, enhanced civic and economic progress, coordinated the efforts of commerce, industry, tourism and recreation. Instituted many new office procedures to save time and money and created the first web site on the Internet to promote the destination. 7/92 to 10/95 Quality Resort of the Palm Beaches - Singer Island, Florida General Manager Responsible for the total operation of this 125 room oceanfront resort. Coordinated remodeling ofthe property which included all public space, and food and beverage outlets..,.ß~ause of my vast sales and marketing experience, I was able to assist our sales department to reposition the property to receive our fair share of the marketplace, to enhance visibility and increase occupancy. 12/89 to 7/92 Palm Beach County Convention & Visitors Bureau - West Palm Beach, Florida Director, Tourism Marketing Development and implementation of the marketing plan to promote tourism to Palm Beach County. Responsible for the total budget of $5 million for tourism promotion. Conducted presentations to the domestic and international market segments to invigorate tourism demand for the county. In addition, managed the four international offices in London, Frankfurt, Rome and Toronto and represented the county at all major trade shows. I , y ...."" R. Miranda Page 2 ..... continued 10/85 to 12/89 Palm Bay Hotel - Miami, Florida General Manager Responsible for the total operation of this 375 deluxe suite, four star property, a 55 slip marina and spa. This facility was the home of the award winning (Golden Spoon Award) Danieli's Restaurant. Because of my vast sales and marketing experience, I assisted my sales department in maintaining a year round occupancy of 82%. 12/82 to 10/85 Eden Roc Hotel - Miami, Florida Director of Sales Responsible for the development of meeting planner, incentive, retail travel agent and tour operator business for this 360 room deluxe oceanfront resort. Areas promoted were the United States, Canada, Latin America and Europe. Attended all major trade shows. 1/79 to 12/82 Freeport/Lucya Promotion Board - Coral Cables, Florida Director of Sales and Marketing Reorganized and revitalized this governmental arm, representing 16 hotels, all attractions and ground tour operations. Primary objective was the promotion of this destination to the United States, Canada, Latin America and Europe through direct sales efforts to travel agents, tour operators, airlines, incentive and meeting planners. 6170 to 1/79 Fountainebleau Hotel - Miami Beach, Florida Director - Travel Industry Sales Developed and implemented sales and marketing strategies utilized to promote this 1,300 room deluxe resort/convention complex throughout the United States, Canada, South America and Europe. Due to my efforts, travel industry revenue increased $6,000,000. Attended all major trade shows. Personal History Education: Business Administration Certificate, Queens College, New York Military: l!.S. Navy - Honorable Discharge Languages: English and Spanish ~ '-' AGENDA REQUEST 'wII ITEM NO. C-2 D DATE: 9/26/2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Interim Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Purchase of multi-use portable bleachers for use at the South County Regional Stadium from Century Industries. BACKGROUND: During the 2000-01 Budget hearings, the BOCC approved Leisure Services Recreation Divisions request for a set oftransportable bleachers in the amount of $37,755. Due to time constraints in completing the South County Regional Stadium and scheduling ofthe Centennial High School's football games, staff is requesting that they be allowed to use Century Industries as the manufacturer, piggybacking off the School District of Osceola County's contract. In March of 1998, staff purchased our current set of bleachers from this manufacturer and are very pleased with the quality and service. FUNDS AVAIL.: Funds will be available in account number 001-7215-564000-700 (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve their request to piggyback off the School District of ,Q~ceola County's contract for the purchase ofthe multi-use transportable bleachers using Century Industries as the manufacturer. . t COMMISSION ACTION: CONCURRENCE: Ðc] APPROVED [] DENIED [ ] OTHER: r;?~ ~ Doug Anderson County Administrator County Attomey~ ' Originating Dept:\ -/(. 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Mar-23-00 lO:16A P.Ol ~ "'" Century c...~ Industries Ine. P.o. l:3ox U Sellersburg, IN 47172 Phone: 812/:216-:3:371 FAX 812/216-544(j F.L\X TRANSMITTAL TO: Don lVreLan1 f)f)1-462-1910 FR01\1: l\:lark Arsenault DATE: ~:. 20CW NUl\IBI~:R OF Pl\.GES, fNCLlJDING THIS SII ~:ET 1..0 IF ALL OF THESf'~ PAGES .~H~~ NOT l{ECETVED PLEASE CALL 812/246-~3:371, OR FAX 812/~46-G411G l'vrESSAGE: Don: Following you \vill find the information you requested, reg-uarding' Rleachers. I r you have any qU0sl iuns. plca:-;e feel free to give tue n (';:111 i?~) 1-800-248-:3:171. .' '1'11:'1 n k you. \"l:-ll'k .\r~en(1l1l1 Mar-23-00 lO:16A '-' SPECIFICATIONS '-" CI~ ..,JZu i5ð~ .... V' u ~ I,/,) ~ I,/,) ~ ~~ IoU ~V' ~ i ::)~ i~ Vol ""'2 10 7,000, - ... ~ C) !ëf5 w.... v.J :z: ~~ ~~ ~ ~ TS180 200 - 180 ¡ 27ft. Mft.81n. 10:':' TANDEII 46ft.9In·I10 I FOU TS260 2.0 i 280 i 39 ft. TANDEM I WH£fl 14 8,100 ! T1300 337 41 ft. 52 ft. 81n. 10 TANDEII 1. 8,1500 tc ~ ~ ¥l ::- tD iio .- .- @) @> ':0 ." ....M l I I ! P.02 T i : i ì5 I r7,':- '~ u.· ~,.. I- TOWING WIDTH -~ 06' , . I, ... if:: I .... I~ It::: I, t= T I 132- I I I I Jf?<>&~ I .t- """~lr- I I I I I ,',:.' , I I t J_ ~ .._ EXTENDED WIDTH __ I- 213" Mar-23-00 lO:16A '-' ...,.¡ TS180 TS260 TS300 ... .~........,.".. ......-....-. ....- '.-, ...........- --. -- .... .......-.. 1$130 Un.91" - ---..--- 1SZlO "!Ui". T5)oo 5:tUln. -....-....---...... ... .-. "--1 --...--.......-- -_._....~ ---~~. - - ~ H -----."M._._, --', "'~ì _.~ -.---- : -- -_:==y ~ y~ -_..Jfl.. '..., ... ....__. ~: 11 'I ¡ Ii "- J ......-.-.- --i! :-!ß, : ' ij¡ -- ---~, --=-~- : ::;;.= ~ --, --.,--- -.-.-- .,....----1.1 ..... ~...,._- ~ ~ ;- ~ -..-=- ".......-....--:..-... '.. ~ .--.......- -.......... _:..ìJJ ~.~ ; ~.~-- -'''-'' .;;; ..~ ---~~ ""'11 -~- --.,,--. T5110 27ft. .... - TSHO 31ft. T5300 ~Sft. .----4 ENGINEERED TO M~ET OR EXCEED UBC CODE REQUIREMENTS EXPORT MODELS AVAILABLE P.03 Mar-23-00 lO:17A P.04 CENTtiRV TRANSPORT BLEA~HERS YOUR BEST BUY! 'When you ChC)Me Century TranSport Blea(:hel'!5, you cho()s~ Bleachers built by a company with over 20 years Gxptn'i~nçe, exclusively in the building of highway rated Mobile Recreation Facibties. You choose Bl'-!étchel"S built with weather resistant InAt.erials and construction, bv a c.;01T1pany that specializes in outdQor facilities. You choose Tl'an.!\pC>rtable Bleachcl'~ that have been continually rcfined fro;l1 field input and suggestions to provide you with the optimum SE!(Hil~g fatility available today. COMPARE DESIGN FEATURES ¥.: Full ten row high design :t. Continuous full-length ëmodized aluminum tiP.!'tts and foot-h(¡i:ird8 . No Gaps to step in and fall ~ Five row anodi~t!rl (ilumimun guardrails, pHmanently ~tta<.:hed ":f:: Rugged galvfmized ~te€l frame and ~trudüre f: !\leet$ 01" t-x('!:'ed~ Uniform Building ('(¡de!:' for permanent ~('atil1g ~. Non-slip slll'îa::p. pHttel'l1 on BlC'ac:ht!l' phl~1k~ fo1' c-xtl'H ~tIfpty when Bka'-'hel's an" '....et ~ Funy high\\.·ay tl';'IlH:pol't:¡b1C' f=.. Hemovnblc hitch ;.¡ I low!:' BlcfìChC'l'~ Iu \¡¡.. I'J;'lct'd ~ide hy side COMPARE OPERATION FEATURES .... , .;:... HydnHlhc act\uuiOl1 vi,1 l't'l1wte pendant ¡dl()\\'~ :--at(>. eas~', Vi minute <::etllp by (Jl1t> r>~I'!"()n .,. Lü<.:king h~·dra\.llic COJ'lll'oJ <:omp:U'tlliC'rH to pn"'c11t t H m )C'l'ill ~ ~ ~( tool~ 1'(.'q\\il'ccl fol' !'...t-up .;;.. No l~tdH'." 0)' I:Iamp.~ 1'('<)\.I1I'P:l fe,I' ~d'llJ) ell' 11':ln,. )Ort (\'nlllry TI':IIlSpOl't B:'~al:h('l'~ 1\1'\0 yOU)' hC':,t ndllt' in Bk·adl('l'i-' ~lnng you 11101(' [(II' ~'()\1r m( lH'~' :.t initi.l! jJ1.ll'chít:-:V. with 1m\'(.'1' OJ!C'l'¡Hit1g. 1:1<1intt'n:lIl(·(·. ;IIHI1"b01 ('O."!" 1I111w long run, Century8Jndustries Jne. po. Bt.) ( lJ Sell~rsblJro, IN 47172 800/248-33'11 Mar-23-00 lO:17A P.os ~ '-'" TranSport Mobile Bleacher Seating PRICe LIST Pnces EffectiYe SePtember 1. 1999 Mobile Blellchers shall be a self-contained seating systrm capable o( highway transport and f..st set-up. Bleachers shall unfold to offer 10-row bleacher seating with guardrails, 81eachers art t() tit equjp~ with hydraulk actuator, permitting fast. easy, one-Pf!rson set-up. Bleachers have rugged galvanized slrel support structure with aluminum seat and foo~rds. Weather resÌ5!ant mabtrials and <ompol'lents are used throughout Bleicher is designed wid1 ~tandard seat slope for safety and folds to 96" width for highway towing. Handrails (old and un/old with bleac:her structure, and do not require additional assembly. ~eh "lg jacks are provided for bleacher 1e.veHng and support and $C!CUIt'd to mainframe to prevent 10$5. TRAILER DIMENSIONS BLEACHER DIMENSIONS Se~i"g Model Clpaclty Rows Width Length Height Length Depth Height TS180 180- 10 8' ~'9"". 12'5" 27 179" 7' 5....· TS260 260· 10 8' 46'9"U 12'5' 39' 179" 7'5··.. T$300 300· 10 6' 52'9"·· 12'5" 45' 17'9" 7'5·..· . Seating C8p8CÌtY is calculated at 16" per seat. .. Length dimer1sion includes towing h~ch. .... Height of top seat row abo\le ground lewl. FRAME: HITCH: FASTESERS: SUPPORT/ LEVELING J .~CKS: ACTUATION; HVDC F.LECTRJ CA L: SUSPENSION TS180 &ckoone frar1\t is dUiII112" roUe<! ~lftl ch.nnel corutructjon. AJI steelsUucNre frame m~mb\?TS ar" I'\('t d ipp~ gaJvanized af~r fi1t'tricatic:m. A pil'\t~ ring hitch coupler and 7,000-Ib, jack óue attached to frame at frent (,1 Þackbone mai1l frame. (Rail Coupler optional). Unst is cquippN with safety chilins. ~~d breakaway switrh, The towitlg hitch auembly i5 removable to allow multip1e units to be placed immediì\t\'J;: adjacent to on(' "r1::tthcr, eliminating the gar ,au~\'d b)' the tongue, Galvaniud and sœÌJ'1Je55 s~1 nuts and bolts are used to a~'-Cmblc the bleacher components and frame jaelu. 7,000 lb. mimmum capacity. eas)' crank., adjustable sire! support Jacks ar~ providt'd (In main frame (10 jacks on 180-~at unit,. 14 jaeks on 260-seat unit, 16 jacks on 300-Rat unit). Jaelu shall tie se<'ured to frame with aircraft cable to deter theft. Two (2) rtmO\lable jack handles (to prevent tampering), will ~ providtd with bleacher. (Optr4lltor rrovidC$ sin boards sized to aceommodaœ local soil bearir\g conditioN,) Hydraulic lIeNator5 a Jow bleacher setup or folditlg to be a (a!:t, "imp1e, one-person operation. AU seat rowS, footboard. and guardrails fold as a unit Unit is t'quipped with "nICC wad lights, license plate brac (et and light. and includ~ 'Ol'll'lectot cable, metal 12V eor.nector, and metal12V ((""f'tacle tor towing vehicle (owner in5t1J1~). 7,000 Ib, Tandem axle 5uspeNion with t'W(I (2) pair eledric t-rakes and four (4) ST205/75R14. (. ply, load range C. highway rated tire5. Century ®) Industries P.o. BOX U . SELLeRSBURG, IN 4717Z~'1'. FAX 812/246·5448 · .1212...·3371 . 100IZ41-3371 Mar-23-00 lO:17A P.06 ''-' '-" TranSport Mobile Bleacher Seating SUSl''ENSION TS260 14,000 lb. Tandem axluuspension with two (2) pairelcctric brakes and four (4) L T215/85RI6. 6 ply, load range D, highway rated tires SUSPENSION TS300 SEA T It fOOT PLANKS: SIDE &: BACK RAllS: MANUALS: NOTE: 14,000 Jb, Tandl'm axle swpen5ion with two (2) pairl'll'ctrk brak~ and four (4) lT21S/85RI6, 6 ply, lOad rai1ge E, highwJY rated tires 2" 11; 10" nominal extruded .1umj,.,um p]~nk$ wit], aluminum end caps. Seatboards and footboards aft anl1dizcd aluminum. St-t1t ilnd fvotboards arc conlinuo!,J~ from Ilnd to l'nd. Gaps ~tween planks on th~ ~me seat row ('I f<.x.1ttx1ard are not acceptable. <';uardrc'lils ilIe a five- (5) raU sy¡tem at rear of blei1chC!r5 i4 '1d :\t'Vl' '1- (7) rail sy~tt'm at side of blead'um;, G'Ja:drails are nOmlnal3" x 2" anodi1.ed al\lmir1\lm rllil:;. Rl'M and side hAndrails do not nl't'd to ~ removed (')r faided (or moving, 1wo (2) operatb:1 manuals ¡hall ~ ~u!,plied. UIellchers rtquire no hand tools Or loose hardw/lrl' f~lr ~t·up or tak~ d"wn. BJeachers shan r"qujr~ 1'\(1 s~ci31 Iatch~ fOl transport Of ~'hilf in U!I(> as s~..tif1g. MANUAL HydrauHc hand pump a('~\I¡¡twn 0r"l'1~ bJl'acht'TS kr StN:p and folds bleacher for tran!'opMt. OPERA TION (TSM): MODEL TSP180 TS~ ~:4()O ~ Ìllers for NFPA cooc ~1-Ia)1 in;:I\ICt' gaIvanized panel!'o cnd()!'o'''g tht- lI.n bt-tweel1 foott>oatd~ prC've"ting itt'ms ~;)~.:~.I~~~~.t~ .I.~~.~.r.~:~~:................ .... .................. ............ .......... ......... ............... ......S3,173.00 OHset 48" Cfn tff Aisle ShllIlllno'1I.' spectator~ -'iI~Y access to the bleachcr!'. Indvc:es fulfy enclosed steps, one pE:rrn~ 'If"r:t {1f1l' rtlmovitblt' handuil, and rdl~;:'i\'ll "'itrking tape. Optil'l\ .educes ~ilt t.'!/I by 27 p~q:>!E'. i8()20... .................. .......... ..............,... ............,............................................................ $3,091.00 MOOEl TSMl&O TSM26() TSM300 ElECTRIC OPERA TIOS ITSP): SEA nNG LENGTH 27' 39' 4~' SEATING CAP ACrry 180 People ~60 Peop Ie 3C',o P~p e PRICE $20,12!1.00 $2.,619,00 $2MS:Z.OO Remote C'ontrort-It'ct,ic /lctuation is acth:alo::d by C¡)l'Itn~1 n11,1dull' {1f1 25' p~"'\'t'r cable. A 12V d.?~p cycle b.l:lcry a:\d au!(~m/lt¡ç ch/lrger Îs provided to pOW..r l1ydTlII..:;ic !;Y1>tl'm. Th~ hydra~lic system including ba:t~rr, pump. fluid reserve':' IInd battery charger, is housed in al'\ f'a~i1y acccssibie, galvani7.t'd stl't' compar:mcnt wh,ch accommC'ld/ltl's <.1Wnt'r inr.ta:1ed padlock, SEA TlNG SEATl~G LENGTH CAPACITY 27' 180 Pt'(,)plt' J=J' 260 r'c)plt' 4)' ~X) Pt"'P:'" PRICE SZl,983.oo $25,991.00 $29.948,00 Prices and specifications are subject to c"ange w'thout nOlice Century ® Industries P.O. BOX c,J. $ELLERSeURG, IN 47172·0919. FAX 8121246-5446. PHONE 800/248.3371 ---..... ... .,·.;.....~...,.A..1V Vc..a.l IØOOl . '--" ~ I ~~ ~~ . . l ~a ~, .. -....I Fax Cover Sheet Please deliver the following pages to: é'ddJ ~ From: ê Purchasin Department 817 Bill Beck Blvd. Kissimmee, FL 34744-4495 Total number of pages:~ (including cover sheet) TELEPHONE: FAX NUMBER: SUN COM LINE: (407)870-4630 (407)870-4616 340·4630 Comments: I-!.R./u þ!J a ~r ~ ~¿ø ~j ~ f"it. / f1"V'Q~ .s d;- du,{}.. aLLtr.J r ~. to ~'i1ff ~-"h. ~ rð' 1þ~ u_ 09/20/00 wED 15:57 FAX 40i 8704616 SDOC Pl'RCH.-\SING DEFT ~002 ""-' The School D ¡strict of Osceola County. Florida 817 Bill Beck Boulevard, Kissimmee, FL 34744-4495 Telephone: (407) 670-4600 Purchasing: (407) 810-4630 FAX (407) 870-4e16 www.osceola.k12Jlus July 1, 2000 CALL FOR BID BID# SDOC 01-o2NM Notice is heret>y given that the Purcha$ing Department of the School District of Osceola County, Florida will receive bids for Portable Bleachers at the ~urcha$ing Office, located at 817 Bill Beck Blvd., Building 2000, Room 025, Kissimmee, Florida 34744-4495, until 2:00 p.m. on July 19, 2000. All bids will be publicly opened in the Purchasing Office at thet time. Bids shall be submitted in a sealed envelope, clean}' marked with the BidlRFP name, number and the openIng date and time, All submittals mU$t be on the attached forms and received at the address in paragraph one. If you have any questions regarding this. BidJRFP, please contact the Purchasing Department at (407) 870-4630. A ~re-Bid Conference is scheduled for July 12. 2000 at 10:30 a.m. in the Conference Room of the Purchasing Department located at 817 6111 Beck Blvd., Room 025, Building 2000. Kissimmee, Florida. All sales resultins from this invitation to bid will be made by the approval of the School District of Osceola County, Florida. To receive a copy of the award recommendation, please roude a stamped, self-addressed envelope. / Effective July 5, 1990, State 60ard of Education Rule 6(1)-1.012(5) allows school districts to make* \ t- purchases from contracts awarded by other school districts, community colleges, state universities or 7\ governmental entities when so permitted In the bids, Please be advised that other agencies may make use of the bid at the same prices and conditions. The School District of Osceola County, F!orida supports the Amerfcans With Disabilities Act of 1990, and we will take all reasonable steps to accommodate individl,jal$ using our services, programs and activities, Where appticable all good$ and/or construction must meet the provisiornì of the Americans With Disabilities Act of 1990 8S edopted in January 1992. Request for reasonable accommodations must be made at least two (2) working days in advance of the event PUBLIC ENTITY CRIME & CONVICTED VENDOR LIST Per the provisiornì of Florida Statute 287.133(2)(a), VA person or aMUate who has been placed on the Convicted Vendor list following a conviction tor 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 e public building or public work, may not submit bids on leases of real property to a Public Entity, may not be awarded O~ 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 in exoess of the threshold smount provided in Florida Statute 281.011 for Category Two for a period of thirty-six (36) months from the date of being placed on the COfIvicted Vendor list." APPLICABLE LAW The laws of the State of Florida $hall govern this contract jurisdiction and venus shall lie in Osceola county, F!orida. Page 1 of 11 ~(I<tObI.III_I6n9/o() 7:" M,I ~QP-19-00 09:1BA THE SCH~15TRICT OF OSCEOLf-ÇVTV, FLORIDA Send Invoice To: Purchasing Department ." Purchase Order Th. School Di"rict of Osceola Countf S 1 7 Bil! Bee. eoule\ .~d Accounts P.yable Dep.rtmenl Klummee. FL 34744-4495 817 Bill Beçk !ouie"..d Telephone (4C7) 870-4630 KIS5ìmm... Florid. 34744-4495 FA.X (.07) 87Q-4616 P.OI NO·00171055 O~e08/01/2000 - ~.. .....- ...,'..". .. ...... ., ~:':~::~: ~~<¡~¡;::¡;;~;¡;~~~¡;~~~~; :i~j~:ª:t~:~~i~~~~U@¡dj:~~~~:~£~~8L~~~:~::::i~~.:~:~:~:~:~~,~:; ,- VOOOOI03925 CENTURY INDOSTRIES LLC POBOX U , ~ TAX EXEMPT' 59-0Q-023057-57C it*JF~f~'Imft1&xx SHIF' TO: FACILITIES PLANNING & CON 701 SIMPSON RD KISSIMMEE FL 34744-4495 PHONE: (407)344-5020 , en ,oj ,'ion_I ¡nlcrmllt ~n. pi'... COnleC! t>..~'e... -.., '1 8UYER CODE = 0002 940410055 i SELLERSBURG IN 47172-0000 I 4~+~~-;~¡~ ! ~ïjÉLïVË II Y ~OT LA '!"£II\ HUoN -1 I I F.O.B. l>UII"'tIOn. St1ìpplns ::h,rges Included unless O\h,rWise ¡r'ldicattc in Pure"'s. Oro.r, 1..---... .. I ~:_EMØ I"'" -.. -.-----"-. "'_." ..,_m-ÓÊSêRIP-TION t lA I HIGHWAY TRANSPORTABLE, , PORTABLE BLEACHERS I MODEL TSP 260 I PROJ: DISTRICT PORTABLE I BLEACHERS I PROJ MGR: JOHN DAVIS I , , I QUA.NTiTY I l;NIT-PR:ëf-- EAC 2 26471.0000 TOT AL COST ....,..._._..._ I 52942.00 * 11 11 . * NOT E S SDOC Ol-02NM 07/25/00 11 '" * '" * * · · TERMS & CONDITIONS * * * RETURN ORIG!NAL TO BOOKI<EEPER. :1 ¡.. I BOARD APPROVED AUCi ·2 _ ,'r . '. ... !.I r, ,..1. ,.,NJ ."" eo. "0 ~"'''fT "!;. þ..""~T A 371-9505-3002511-7400-6410-000-0 52942.00 52942.00 TOTAL ~,,"4 enllA! ~"",",""I"\""I...,.... ..._..~.. JC·2IJO, ,.,, ",..., 11.31 P.02 .SQP-19-00 09:1BA - . 1 i! ~ The'School TOM GREER CI$"RICT NC .,KISSIIotI,II. "~CNf eel·not ..tHAiL E,I1AJIIFO~C CIST~ CT NO. 1'~ ¡SIIIM~£ "~"NE ~1'1¡47 DONNA 101. HA~T OI~T~ CT NO 2. {ISSUoIlI£. ~"CN¡¡: 84~,('I5" JUDIT~ A, ROBERTSON C,STAI~T NO \-ST c.O\lþ ~o.QNt, "2-QI~' DÞ\I!D E STON! ~ S~~CT NO ],KI$~I""~~ ''''ONE. e33·2¡()~ ~ ~O....., ~'/' .\ °1 ~~!I/IC"'rO~ ~ ....i<h lnaplta .~ * 19 .".., ., . hiv"'l PØI;% ~..,~ oo~ 'liJC'r "c;ti ~ ..." District of Osceola County, Florida Blaine A. Mus~ - Supfrinttndent 817 Bill Beck Boulevard . Kisslmme!e, Floridit 34744-4495 Phone' i407) 870-4600 · FAX (407) 870-4010 . www.osceolak12.fl.us ---¡ July 19, 2000 Mr. Mark Arsenault Century Industries. Inc. P.O. Box U, 1-65 & Hwy311 Sellersburg, IN 47172 RE: LETTER OF INTENDED DECISION SDOC01-02NM. Portable Bleachers Dear Mr. Al'$enault On July 19. 2000, formal bids for the above referenced project were opened. The Purchasing Department hereby notifies you that it intends to recommend to the School Board to accept your bid as it was evaluated to be the best bid submitted. ShoUld you have any questions in regards to this project or other projects. please feel free to contact me. My phone number is (407) 870-4627. Thank you for the time you spent in the preparation of this bid, We 1001< forward to working with you on this and future projects. With kindest regards, 1 t~UU1{9~ Cneryl -'ssee Senior BJyer. Purchasing cc: Blaine Muse Richard Collins Donald R. Miller N.D. McDonald' Bid Folder Bo.rd Meels "'Irs' Tuesday of Each Mont" DISTRICT-WIDE ACCREDITATION BY THE SOUTHE~N ASSOCIATION OF COllEGeS AND SCHOOl.S An IqIJI' OpØOrtunily Ag.ncy Sgp-19-00 09:1BA . P.03 .::-JV"" , \0.. oJ v BID 101002NM Portable BI..ch.... . Jbly J, 2000 BID PRICE SHEET Dncriptlon Of Item estimated Vnlt Quantity Cost 1. a_che" Highway Transportable. Century Industries 2 Each S26,471 J 'nc;. Medel TSJ!I 260 or equN¡ lent Each as herein specJfrerJ Options: : 2. E~$ed RiSe., , eet S 3.022 I Set 3. OffHt Center Aiale lI.ot $ 2 L 944 I 01 4. Handral Upgr15dc 1 lot S 1,069, Lot Ben D.alvery: within 90 calendar days. I ~fy that tl'li, bid Ì5 mad. witñout prior underÐl'lding. egreeme:-¡t Or connection with any COrpor.tio~, firm, or person submitting a bid for the same materials, sypp!ie.l or ~quipm.nt. ana in all møeas fair and Wltnout (X)Jlusíon or fraud. I agr.. to abide by all conditions gf this bid an<l certity that am authorized to lign this bid for t". bidder. Mark Arseoault NAME (Typed) ~~,~ SIGNATURE Salê!; M4naaer TITLE Century Industries, LLC BIDDER NAME 7-11-00 DATE - 512-24.§-3371 TELEPHONE NUMBeR 812-246-5446 FACSIMJLE NUMBER marka@centuryIndustries.com .mail Address '-~11/)1ftO"~AN Page 12 ofl2 - '" '-" AGENDA REQUEST .....", C-2 ITEM NO. DATE: Sept. 26, 2000 REGULAR [] PUBLIC HEARING [ ] TO: St. Lucie County Mosquito Control District Board CONSENT [ X ] SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: OMB PRESENTED BY: Marie M. Gouin Budget Resolution # 00-06 for the FEMA/FDCA reimbursement of St. Lucie County disaster relief claim submitted after the 1999 Hurricane Floyd. In September of 1999 S1. Lucie County was declared a disaster area due to Hurricane Floyd damage, which affected residential and non-residential areas of the county. S1. Lucie BOCC filed a claim for disaster relief assistance from FEMA to cover the cost of disaster- related efforts. On 8/11/00 we received reimbursement funds in the amount of $112,386.33. There were two remittances: $96,829.58 from FEMA and $15,556.75 from FDCA representing respectively 75% and 12.5% of the approved cost of small projects. Due to the fact that some of the projects were completed in the Fiscal Year 1998/99, a portion of the reimbursement ($58,141.71) was applied directly to receivables from that year. The remaining funds in the amount of $54,244.62 cover projects completed in the current Fiscal Year 1999/2000, and need to be recognized by budget resolutions as follows: S1. Lucie BOCC - $13,311,83, S1. Lucie Mosquito District - $11,464.54 and S1. Lucie Erosion District - $29,468.25. N/A N/A Staff recommends that the S1. Lucie County Mosquito Control District Board approve Budget Resolution #00-06 acknowledging FEMA/FDCA reimbursements for the small projects included in the disaster relief claim for Hurricane Floyd damage, CONCURRENCE: ~] APPROVED [] DENIED [ ] OTHER: ?~~ Doug Anderson County Administrator County Attorney: XX ~ Coordi nation/S iq natu res Management & Budget: xXflJ m:¡ p)l-j Purchasing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) XX G:\B UOG En WP\AG ENOA'S\AgendaOO\9'26HurFloyd _ Mosq. wpd ~ -...."I RESOLUTION NO. 00-208 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget, certain funds not anticipated at the time of adoption of the budget have become available from FEMA and FDCA in the amount of $13,312 for the disaster relief assistance related to Hurricane Floyd. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners, Florida, in meeting assembled this September 26th, 2000 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES 001-1900-331232-19005 001-1900-334202-19005 001-7240-331232-19005 001-7240-334202-19005 Emergency Management Dept. of Community Affairs-Pub Emergency Management Dept. of Community Affairs-Pub $5,993 $417 $5,916 $986 APPROPRIATIONS 001-1900-599330-19005 001-7240-599330-19005 Project Reserves Project Reserves $6,410 $6,902 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 26TH DAY OF SEPTEMBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY · HURRICANE FLOYD REIM~SEMENTS FROM 8/11/00 ....." ACTUAL TOTAL FEMA AID AID FOR FY99 AID FOR FYOO REVENUE ACCOUNTS TABLE 1 EXPENSES EXPENSES EXPENSES General Fund 168,044.20 40,58738 34,177,55 6,409.83 001-1900-331232-19005 GF EMPA Grant 1,212.70 0.00 0.00 0.00 Public Works 9,623.66 5,721.63 5,721,63 0.00 Unincorporated 887,10 278,04 278,04 0,00 Public Safety 33,377.93 14086,21 14,086.21 0.00 Airport 670.74 196.84 196,84 0.00 Mosquito Ctrl 14,364,53 11,830.00 365.46 11,464,54 145-6230-331232-19005 Mosquito/Leisure 0,00 6,902,00 0.00 6,902.00 001-7240-331232-19005 RAD 3,091,62 1,204,53 1,204.53 0,00 Erosion 33,759.50 29,468.25 0,00 29,468.25 184-3710-331232-19005 Golf Course 742,53 597.49 597.49 0,00 HEW Utilities 20,52 0.00 0,00 0.00 NHI Utilities 468.48 0.00 0.00 0,00 SHI Utilities 529.79 0.00 0.00 0.00 Sports Complex 755.61 0.00 0.00 0,00 Info Technoloav 2,949.81 1,513.96 1,513.96 0.00 270,498.72 112,386,33 58,141.71 54,244,62 DETAILS OF PROJECT WORKSHEETS: TABLE 2 PW# ACTUAL PAYMENT INITIAL PROPOSAL (CLAIM) FEMA 75% STATE 12.5% TOTAL REIMBURSE TO FUND Civic Center Shelter 41 1,050,00 175.000 1,225.00 001 1,225,00 Veterans 44 1,041,75 173.625 1,215,38 001 1,215.38 Comm,Risk,Airport 45 1,235.25 205.875 1,441 .13 001 1,244.30 140 196.83 Utilities 46 1,437.00 239.500 1,676.50 421 15.04 441 816.28 451 845.18 Public Safety 911 47 12,174.75 2,029.125 14,203.88 107 14,203.88 Road & Bridqe 48 4,904.25 817.375 5.721.63 101 5,721.63 Public Saferty EmM 55 18,243.75 3,040.625 21,284.38 107 21,006.34 102 278.04 Central Services 58 5,286.75 881.125 6,167.88 001 6.167.88 Mosquito Control 64 10,140.00 1,690.000 11,830.00 145 11,830.00 Mosquito Control 66 5,145.00 857.500 6,002,50 001 6,002.50 Mosquito Control 68 771.00 128,500 899,50 001 899.50 Erosion 69 12.217.50 2.036.250 14,253.75 184 14,253.75 Erosion 72 13,041.00 2,173.500 15,214.50 184 15,214.50 Leisure Srvcs 553 2,503.50 417.250 2,920.75 001 2,920.75 569 4,149.00 691.500 4,840.50 001 4,840.50 Utilities 576 0.00 0.000 0.00 001 77,671.00 ADMIN 3,489.08 0.00 3,489.08 001 3.489.05 96,829,58 15,556,75 112,386.33 190,057.33 . ^ppuc.ant w: lll-U7E&C-OO A AJ:'.t"L!LAi'U WOJ.{K.:S.I:iJ!:ET * 1300 HllmCIZJU FÜ1yd P.ayment.Number: 1 Amount ,4 , .0 44 0 B SMALL 1,389.00 1,041.750/ 45 0 B SMALL 1,647.00 l,235.250c 46 0 B SMALL 1,916.00 1,437.000/ 47 0 B SMALL 16,233.00 12,174.750/ 48 0 B SMALL 6,539.00 4,904,250/ 55 0 B SMALL 24,325.00 18,243.750 ,- 58 0 B SMALL 7,049.00 5,286.75«" 64 0 G SMALL 13,520.00 10,140.000/ 66 0 A SMALL 6,860.00 5,145.000/ 68 0 A SMALL 1,028.00 771.000/ 69 0 G SMALL 16,290.00 12,217.500/' 72 0 B SMALL 17,388.00 13,041.000/ 553 0 A SMALL 3,338.00 2,503.500/' 569 0 B SMALL 5,532.00 4,149.000/ 124,454.00 93,340.500 . ~.._.. '_4_'.' _._ . " '. ---- I STATE OF FLORID · 4· 3 3 228 528 1 '-" OFFICE OF COMPTROLLER ..."" REMITTANCE ADVICE THIS IS NOT A PAYMENT CEVIC SAMAS ACCOUNT CODE OlO SITE DOCUMENT NUMBER OBJECT DATE PAYMENT I' 52-202750001-52600000-00-10204200 520000 00 D1000076779 7300 08/08/00 021659= PAYMENT AMOUNT $ 96,829.58 DO NOT CASH I, ,II, I III 11,1, 1,11,1.1,1'1111, I I, I I" II, I, ,II II, I " , I II, II, ,I ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 AGENCY DOCUMENT NO VOOl190 PLEASE DIRECT QUESTIONS TO: (850) 488-6409. DEPARTMENT OF COMMUNITY AFFAIRS VENDORS NOW CAN VIEW :PAYMENT INFORMATION AT HTTP://FLAIR.CBF.STATE.FL.US ~ INVOICE NUMBER C) ." AMOUNT -~.. --------- ---------------- $ 96.829.58 - ffi ffi @ ffiU \'II Œ ~,\ lIB I.¡'. ~i ! . I ^rlì5 ~ II ,~ \ l{ ~~ ~' c:J C·) ~- '..;3 PUBUC SAFETY J DETACH CAREFUllY AND RETAIN FOR YOUR RECORDS BEFORE CASHiNG OR DEPOSITING THE WARRANT ...;~ .......¡wk.."... ).~.( ...v........' )._.( ":'/ViNN,... :¡.;..;..,[ ...,.,.""....w.-' :¡.;.;..[ .~....'..:.,.fI._. ). '" _:,...... ::.._.( ..,.......-.'b;....-. ~~.( .,................ ¡,,¡; ..w~.;,..,~..... :¡...:~ .,·...··v.·.... ¡,_< ~~i·,.y..·, ).'.( --.~....'.-...y...... ~~.( W""-··..k;..·· )._" ,·MN.··'N.'" ~:..." .-NN1"!.IIf;...... ¡,....( ~;.;.w...,.'· ¡,::..;,¡; .·vl,;"· SAMAS ACCOUNT CODe DOCUMENT NO. 52-202750001-52600000-00-10204200 . D1oooo76779 OBJECT DATE 7300 08/08/00 WARRANT NO 63-69 0216593 630 STATE OF FLORIDA OFFICE OF COMPTROLLER 4. 3V~DA~~ ~ M'5T~ 8 AMOUNT 1$****96,829.58 TO THE ORDER OF: EXPENSE WARRANT VENDOR 10 NUMBER /1,11,,1,,11,11111,1\,1,1111111111,11,11,111111111111111,1I. ,I ST LUCIE COUNTY .101 N ROCK RD FORT PIERCE FL 34945 TO: TREASURER OF FLORID'" TALLAHASSEE Q~-t~~ COMPTROllER OF FLORIDA II' 1. L n ;J 1. C. ~ q J, n h II' I~nh =\nn[H;c::n..'~ II' L. ? 11' 1300 Hurricane FYoyd . Initial Payment: y Payment #: 1 ¡....- ""', . ......,¡ DEPARTMENT OF COMMUNITY AFFAIRS PA REQUEST FOR PAYMENT Applicant ill: 11l-U7E8C-OO Originating Division: Emergency Management Make Warrant Payable To: St. Lucie County Board Of Commissioners Mailing Address: 101 North Rock Road Ft. Pierce, FL 34945 Contract No: 00-RM-X*-10-66-DI-D47 Warrant Amount: $96,829.58 TR:lo ENC #: G ~'841 '2> LINE #: OÒO I -.:;¡¡.. For Consultant Contracts * ORG Level: 526008 * EO: X* OBI Code: "7!:fJ 60 D Hand Written Entries: Final Payment Indicator: N CF:' Q. Description:, FEMA-1300-DR~FL Amount: 596,829.58 OV'è.~r·, cle. FEID: 89-6000835 D;;'O Date Invoice Recvd: Date GoodISvcs Recvd: Date GoodISvcs Insp: SAMAS Acct #: Voucher No: Line No.: 0 Ben Obj: o Ben Cat: o ßtd -\-ç h t!-: î0 * Grant No: RF131 Contract No.: 0 Fill: 2-750001/102042 By: Donm ~urray Date: ~ t'(rl 07/25/2000 ~lí!Ó¿) Trans Date:Cò6.o ö ð Applicant's Agent Mr. Donald G Daniels Mail "check: Y .;j .,,~;];} ~:::; ~ ,,:~ .~ "þ: " u.. .- . c.., . ::rc::. ~ . CI-< u.. ..... ("") '< " I >- , c.!). >- , ::;j c:x:: :5 c''''- '0 o (.) Approved: Approval Date: 07/25/2000 ~ ~ w.. 'I~)J' . ...~ ~ . "-,. . ~mergency Reçovery System '-" * APPUCANT WORKSHEET · '-' Disaster: 1300 Hurricane Floyd 07/25/2000 Page: 1 Applicant Name: St Lucie County Board Of Commissioners Address: 101 North Rock Road Applicant ill: lll-U7E8C-00 Ft Pierce, FL . 34945 DCA Agreement Number: 00-RM-X"-lO-66-01-047 FEill Number: 59-6000835 Payment Number: 1 FEDERAL 93,340.50 0.00 STATEl 0,00 0.00 Small Projects (100%) Large Projects ITEMIZATiON OF LARGE PROJECTS Cost Expended (100%) Cost Inc'urred · Contracts Let· Total Advance · - Maximum Two WeekJ Paid . 0.00 .. 0.00 .. 0.00 0.00 II STATE 0.00 Total Amount Approved Administrative Cost Less 5% , Approved For Payment Actual Voucher Amount Adjustment Grant Manager: Donna y'. Murray /J¡)'¡ý\...- , . ~ì / nr RevIewer: I iÁ-Þ'.I9> . f'-Ø/! Contact Person: Mary tro FEDERAL 93,340.50 3,489.08 0.00 96,829.58 96,829.58 0.00 Date: 07/25/2000 Date: 7/3/ _(}c) Phone: (561)461-5201 0.00 0.00 0.00 . ."- .- ". ..... SIGNATURE OF ]'..4. ADMINISTRATOR ~.~ l/ '. , ^ppJ.I.cant ill: Ill-U7E8C-OO · AJ:'.I:'LICANT WORKSHEET · 1300 H~ FWyd ·Paymeu.t Number: 2 Eligible DS~ A~t '.... I DSRiPW Version Categ~ Supp # ~~¡; Amount To ~ ~d 41 0 B 16 ,40 . 1 . 44 0 B 16 SMALL 1,389,00 173.625 45 0 B 16 SMALL 1,647.00 205.875 46 0 B 16 SMALL 1,916.00 239.500 47 0 B 16 SMALL 16,233.00 2,029.125 48 0 B 16 SMALL 6,539.00 817.375 55 0 B 21 SMALL 24,325.00 3,040.625 58 ° B 21 SMALL 7,049.00 881.125 64 0 G 21 SMALL 13,520.00 1,690.000 66 0 A 21 SMALL 6,860.00 857.500 68 0 A 21 SMALL 1,028.00 128.500 69 0 G 21 SMALL 16,290,00 2,036.250 72 0 B 21 SMALL 17,388.00 2,173.500 553 0 A 159 SMALL 3,338.00 417.250 569 0 B 162 S~.~LL 5,532.00 691.500 124,454.00 15,556.750 . , ·' . STATE OF FLORID.' 4- 33 228 r2L1 ~ OFFICE OF COMPTROLLER "-" J , REMITTANCE ADVICE THIS IS NOT A PAYMENT DEVIC SAMAS ACCOUNT CODE OLO SITE DOCUMENT NUMBER OBJECT DATE PAYMENT r-.. 52-202339047-52600000-00-10204200 520000 00 D1000076773 7300 08/08/00 0216585 PAYMENT AMOUNT $ 15,556.75 I. , " "I, I " ,1111 I" 1,1,11,,11, ,I, ,I, I II, II ,II 11,11, 111/, II" I ST LUCIE COUNTY 101 N ROCK RO FORT PIERCE FL 34945 DO NOT CASH AGENCY DOCUMENT NO vOO 1184 PLEASE DIRECT QUESTIONS TO: (850) 488-6409. DEPARTMENT OF COMMUNITY AFFAIRS VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL.US INVOICE NUMBER AMOUNT :. ::: --------- ---------------- :.. j 2 $ 15.556,75 -........- ~ ) 0° \C\v - "'-r-') - . ~--.: .' ~ fñì Œ @ Œ OW Œ ~\! till tœ H iDII ,~; , ..r:- ~ PUBLIC SAFETY DETACH CAREFULLY AND RETAIN FOR YOUR RECORDS BEFORE CASHING OR DEPOSITING THE WARRANT ~ _'U;ÚiN:.ii.'__ ~ ~ _~A';"~'_' 1.~" '.....A··'·,/-i.....·.- 1.:"".,[ .....:...;.~...-,........ 1...,,[ ..0·...'··..,;,.,··..... 1o_.c: ........~..,._..-. ]0." ....~-',..- On ). .,[ ".....,;w..:.... .. J:. ,....:.....,.~, 1." .....~......,.~ )..c: ......'.-,...,...,...,[ ,"...¿.......,.... ). " .'#Ni,..'ÙIi...... J. .( ..-n,"''-'N''", }, " "MiJi.~ I. z:. "wk~.."" 1.....,[ W.';":'N'N. SAMAS ACCOUNT CODE 52-202339047-52600000-00-10204200 DOCUMENT NO. 01000076773 OBJECT DA TE 7300 08/08/00 WARRANT NO 63-69 0216589 630 4. 3V~D A~~8 MO~T2 4 AMOUNT ·.1$****15,556.75/ STATE OF FLORIDA OFFICE OF COMPTROLLER TO THE ORDER OF: EXPENSE- WARRANT, VENDOR ID NUMBER 111111111111111111,1111111111111111111111111111111111111.II1II ST LUCIE COUNTY 101 N ROCK RO FORT PIERCE FL 34945 TO: TREASURER OF FLORIDA TALLAHASSEE Q~~~~ COMPTROLLER OF FLORIDA ., III ~ L. n ;J 1. h ~ A q n ;J III l·nc..::¡nnn!".OI,· ... I .,... 1300 Hurricane Floyd ~ 'wi -, DEPARTMENT OF COI\1MUNITY AFFAIRS PA REQUEST FOR PAYI\1ENT Initial Payment N Payment #: 2 Originating Division: Emergency Management Applicant ID: lll-U7E8C-OO Make Warrant Payable To: St Lucie County Board Of Commissioners Mailing Address: 101 North Rock Road Ft Pierce, F1. 34945 Contract No: 00-RM-X*-10-{j6-01-047 Warrant Amount: $15,556.75 TR:7° ENC #: (5, 4 g-~ 1 3 LINE #: OOD;{ a- For Consultant Contracts * ORG Level: 526008 · EO: Y· OBI Code: 7300 b 0 Hand Written Entries: Date Invoice Recvd: Final Payment Indicâ.tor: N CF: p. C. Description: FEMA-1300-DR-Fl. Date GoodISvcs Recvd: Amount: ·515,556.75 FEID:Fs9~000835 O~ b SAMAS Acct #: Date GoodISvcs Insp: Voucher No: Line No.: 0 Ben Obj: o Ben Cat: 0 8Q1-cJ\. -+t M * GraIrt:No: M131 Contract No.: 0 FID: 2-339047/102042 By: Donna Y. Murray Date: /Jtfr11j!r /:rfl 07/25/2000 1/1 ((D Trans Date: Of) Ì) Eo è:> Applicants Agent: 1vfr. Donald G Daniels Mail Check: Y . Approved: ~ IA1- . ~ Approval Date: 07/25/2000 '1.... . - ~ '. .. 'f~~ ~ . ~mergency Recovery Systerr · APPUCANT WORKSHEET. .. Disaste.r: 1300 Hurricane. Floyd 0712512000 Page: I Applicant Name: St. Lucie County Board Of Commissioners Address: 101 North Rock Road Applicant ID: I I 1-U7E8C-OO Ft Pierce, FL . 34945 DCA Agreement Number: 00-Rlvf-X--I0-66-01-047 FEID Number: 59-6000835 Payment Number: 2 Small Projects (100%) Large Projects lITEMIZATION OF LARGE PROJECTS Cost Expended (100%) " Cost Incurred · Contracts Let:. Total Advance * - Maximum Two Weeks Paid FEDERAL 0.00 0.00 STATE] 15,556.75 0.00 f 0,00 0,00 0.00 0.00 . . Total Amount Approved Administrative Cost Less 5% Approved For Payment Actual Voucher Amount Adjustment Grant Manager: Donna Y. Murray fJrì1 Reviewer: fJ1~ ~ . Contact Person: M~~o STATE 15,556.75 FEDERAL 0.00 0.00 0.00 0.00 0.00 0.00 Date: 0712512000 Date: / / Phone: (561)461-5201 15,556.75 15,556.75 0.00 SIGNATURE OF P.A. AJJMINISTRA.TOR ~'~ l/ ~ AGENDA REOUEST ...,J ITEM NO. C-4 A DATE: September 26, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITfED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Manpower Staffing Services, Inc. - First Amendment to February 1, 1999 Agreement BACKGROUND: See attached memorandum CA 00-1440 FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the February 1, 1999 Agreement with Manpower Staffing Services, Inc., and authorize the chairman to sign the amendment. COMMISSION ACTION: CONCURRENCE: ~J APPROVED [J DENIED [ ] OTHER: Q ......-t/~ . Douglas Anderson County Administrator County Attorney: ~ Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, ¡fapplicable): _ ... .' ......, ....,J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1440 DATE: September 15,2000 SUBJECT: Manpower Staffing Services, Inc. - First Amendment to February 1, 1999 Agreement BACKGROUND: Attached to this memorandum is a copy of the proposed First Amendment to February 1, 1999 Agreement with Manpower Staffing Services, Inc. The proposed amendment will extend the term of the agreement through and including September 30, 2001. There will be no change in the rates for temporary employees provided by Manpower. CONCLUSION/RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to the February 1, 1999 Agreement with Manpower Staffing Services, Inc., and authorize the chairman to sign the amendment. Respectfully submitted, ~I!r ~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Human Resources Director Finance Director Contracts Coordinator .~1 '-' ....., FIRST AlVIENDMENT TO FEBRUARY 1, 1999 AGREEMENT THIS FIRST AMENDMENT, made and entered into this day of ,2000, by and between ST. LUCIE COUNTY, a 'political subdivision of the State of Florida, ("County"), and l\1ANPOWER STAFFING SERVICES, INC., a Florida corporation, or his, its or their successors, executors, administrators, and assigns ("Agency"). WITNESSETH: WHEREAS, on February 1, 1999, the parties entered into an agreement wherein the Agency agreed to provide temporary personnel to work in various County department, hereinafter referred to as the "Agreement"; and, WHEREAS, the Agreement provided for a tenn beginning on February I, 1999 and running through and including September 30,2000, subject to two extensions for additional one year periods each; and, WHEREAS, the parties desire to amend the Contract to extend the term for an additional year on the same tenns and conditions; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. TERM is hereby amended to read as follows: 3. TERM The tenn of this Agreement shall begin retroactively on February 1, 1999, and shall continue through and including Septembër'3Ö,-' 2001, unless' otherwise tenninated as herein provided. The parties reserve the right to extend the tenn of this Agreement for an additional term of one year on the same terms and conditions upon mutual written agreement of the parties. 2. All other tenns and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment upon the tenns and conditions above stated on the day and year fIrst above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRlVIAN -1- ,-¡ " ATTEST: ~~~ SECRETARY g:\agreemnt\1a-manpower.wpd '-' "'" APPROVED AS TO FORJ."VI AND CORRECTNESS: COUNTY ATTORNEY MANPOWER STAFFING SERVICES, INC. BY: ¿[)\~ PRESIDENT (SEAL) -2- ~ "wtI AGENDA REQUEST ITEM NO. C-4B DATE: September 26, 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 Intent 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 (copy attached). 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. Staff requests that the Board grant permission to Advertise the Notice of Intent to Abandon a portion of the right-of-way (approximately 380' in length x 100' in width) of 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 the Notice of Intent to Abandon, authorize the Chairman to execute the Abandonment petition and proceed with the abandonment petition. COMMISSION ACTION: CONCURRENCE: [X ] [ ] APPROVED OTHER: DENIED 9~~ Douglas Anderson County Administrator County Attorney: )r' .-r.c - Review and A~lS Public Works: ' lr---- County Engineer: ~r~· r Originating Dept. Purchasing: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 TO: ~ """'" ITEM NO. C6c AGENDA REQUEST DATE: 9/26/00 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [] Quasi-Jud. [ BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Public Works - Admin tor SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: X] APPROVED ] OTHER: County Attorney: ~ Request for final plat approval f Riverpointe at the Sands - Phase 1 as On November 18, 1997, through Resolution 97-166, this Board approved a Rezoning and Site Plan for a Planned Unit Development to be known as The Sands, Lakeview. Riverpointe at the Sands Phase I is designed as a residential development within the private P.U.D. community, Sands, Lakeview P.U.D. The developers have requested approval of the plat for Phase I and wish to record it at this time. County staff has reviewed this final subdivision plat and determined it to meet all minimum technical standards. N/A None Staff recommends that the Board approve the final plat for the subdivision to be known as Riverpointe at the Sands, Phase I, and authorize staff to proceed with its final processing. CONCURRENCE: DENIED ~~ Douglas M. Anderson County Administrator Review and ADDrovals Management & Budget: Other: Purchasing: Originating Department: Other: Finance: (Check for Copy only, if applicable) þ .... '-" ,...", COUNTY COMMISSION REVIEW: September 26, 2000 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Ray Wazny, Public Works Director Date: September 20, 2000 Subject: Request for final plat approval for Riverpointe at the Sands - Phase I On November 18, 1997, through Resolution 97-166, this Board approved a Rezoning and Site Plan for the Planned Unit Development to be known as The Sands, Lake vie w. Phase 1 , to be known as Riverpointe at the Sands - Phase I is now ready for the final plat approval. County staff has reviewed this final plat and determined it to meet all minimum technical standards. Staff recommends that the Board authorize the final plat for the subdivision to be known as Riverpointe at the Sands - Phase /, and authorize staff to proceed with its final processing. If you have any questions, please let me know. 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C.r} ~ DATE: September 26, 2000 CONSENT [X ] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ 1 Authorize the of Community authorize the P~E&1!L irector submittal of two grant applications to the Department Affairs Florida Coastal Management Program and County Administrator to sign the applications. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Community Development SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X ] [ ] APPROVED OTHER: ~ / Ii County Attorney: Originating Dept: Ll!inance: (copies only): Susan Lawrence October 2, 2000 is the application deadline for submitting applications to the Coastal Management Program. The proposed applications include: requesting £unds for picnic pavilions at the South Causeway Island Park; and to develop a Community Stewardship Beach Clean-up Project for the Frederick Douglas Beach Park. Although the grant application does not request detailed budgets, the State plans to work with the applicant on the budget details once the projects are selected. However, a 1 to 1 match is required which may be from cash or in-kind sources. Due to the on-going and planned work at Frederick Douglas Park and South Causeway Island Park, funds have already been allocated for these parks that can be used as a match. N/A The BOCC received $100,000 this past year from the Coastal Management Program to construct dune crossovers at Blind Creek and Ocean Bay Coastal Parks. Staff recommends that the Board authorize the County Administrator to sign the two grant applications and authorize staff to submit the grant applications to the Department of Community Affairs Florida Coastal Management Program. CONCURRENCE: DENIED ?~Ì- Douglas Anderson County Administrator Coordination/Si ~gt , Budget: Public Works: Purchasing: Other: AgeCZMPbcc.doc '- '-' ~ AGENDA REQUEST ITEM NO. C- 7 ß DATE: September 26, 2000 CONSENT [X] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ Quasi-JD. ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Community Development SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [x ] [ ] APPROVED OTHER: Authorize the Chairman of the St. Lucie County Board of County Commission to sign the grant contract between the County and the Florida Fish and Wildlife Conservation Commission (FWC) for $47,000 to complete the Manatee Protection Plan. Authorize staff to advertise through the Request For Proposal process for a qualified consultant to complete the plan by June of 2001. On January 25, 2000, the BOCC authorized the Chairman to sign a grant contract between Florida Fish and Wildlife Conservation Commission for funds to hire Treasure Coast Regional Planning Council to complete the Boat Facility Siting Plan. The Boat Facility Siting Plan will be completed by October 31, 2000. The contract before the Board today is for acceptance of $47,000 from the FWC to complete the Manatee Protection Plan (MPP). With the addition of a new Scope of Work, and minor modifications to the contract signed for the Boat Facility Siting Plan is the same contract before the Board today. The County will be responsible for: inventory existing information and data; and to develop a set of recommendations and strategies for manatee protection along with an implementation plan and schedule. Staff requests authorization for the BOCC Chairman to sign the contract between FWC and the County and for the authorization to advertise an RFP for a consultant to complete the MPP. No matching funds from the County are required. Board approved accepting funds for the Boat Facility Siting Plan on January 25, 2000. Staff recommends that the Board authorize the Chairman of the St. Lucie County BOCC to sign the grant contract between the County and the Florida Fish and Wildlife Conservation Commission to complete the St. Lucie County Manatee Protection Plan and to advertise for outside consultants to complete the Manatee Protection Plan. CONCURRENCE: DENIED Q~'--. Douglas Anderson County Administrator Coordination/Si ~gt & Budget: m Public Works: v County Attorney: '}~ r a.s-'" Originating Dept: -./ Finance: (copies only): Susan Lawrence AgeMPPbcc.doc Purchasing: Other: '-' " FWC CONTRACT No. CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (hereinafter referred to as the "Commission") and the ST. LUCIE BOARD OF COUNTY COMMISSIONERS, a governmental 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 services 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 such 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-'tounty 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 the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until 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 County is experiencing problems in obtaining payment(s) from a State of Florida agency. The Vendor Ombudsman 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 ~ ~ daily basis on the unpaid balance, if a warrant in payment of an invoice is not issued 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' written 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 216.2815, 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 terms 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 for 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 Commissiol1. The County's Contract Manager can be contacted at (561 )462-2822. M 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 sovereignty, is not required 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, color, national origin, age, sex, or handicap, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. 2 '-" ~ 20. This Contract is an exclusive contract for services and may not be 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 requires all non-State organizations who are recipients of State financial assistance to comply with the audit requirements 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," attached 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 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 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 matter whatsoever arising out of or in any way connected with this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ..:i 3 '-' ...., IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year first above written. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: (Chairman's Signature) Allan 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 FWC Attorney (Address) (City, State and Zip Code) j.,¡ FEID No. Remittance Address: Attachment/Exhibits included in this Contract: Exhibit 1 Attachment A Scope of Work Requirements of the Federal and Florida Single Audit Acts 4 ~ .." 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 ;.J 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 50f6 '-' ""'" Scope of Work Countywide Manatee Protection Plans The impetus to develop a Manatee Protection Plan (MPP) comes from two parallel efforts. First, the Florida Manatee Recovery Team, an interagency group of manatee experts, developed a Florida Manatee Recovery Plan. This plan was approved by the United States Fish and Wildlife Service (FWS) in 1989, updated in 1996, and again in 2000. One task ofthe plan is to "develop site-specific manatee protection plans at the local level." The Florida Manatee Recovery Plan ranks this as a priority task important to the recovery of the species. Secondly, in October, 1989, the Governor and Cabinet directed 13 "key" counties to develop manatee protection plans. There are various components of an MPP described below. The goal of the Contractor under this proposal is to develop a MPP for the Florida Fish and Wildlife Conservation Commission and St. Lucie County. The MPP will be designed to achieve within the County the following objectives: · Objective 1: to reduce the number of boat-related manatee mortalities; · Objective 2: to achieve an optimal sustainable manatee population; · Objective 3: to protect manatee habitat; · Objective 4: to promote boating safety; and · Objective 5: to develop public education keyed to the need to protect manatees and their environment. To accomplish the Commission's goals for this area-specific MPP, the County proposes to: inventory existing information and data; and to develop a set of recommendations and strategies for manatee protection along with an implementation plan and schedule. More specifically, the County will undertake the following tasks: Task 1 Assemble and summarize the following information for the Introduction and Inventory of Existing Conditions Sections of the Summary Manatee Protection Plan reports as stated in Attachment 1: NOTE: Those items identified with a BFP next to them will be completed in the current contract with Treasure Coast Regional Planning Council by October 31, 2000. A. Habitat 1. Locations 2. Water Quality and Vegetation 3. Manatee Distribution (BFP) B. Manatee-Human Interaction 1. Manatee Mortality (BFP) 2. Analysis of Manatee-Human Interaction (BFP) 3. Speed zones, Sanctuary (BFP) 4. Law Enforcement '-' ....." C. Local Land Development 1. Development Standards 2. Comprehensive Land Use Plan 3. MarinaIBoat Facilities (BFP) 4. Boat Ramps (BFP) 5. Residential Docking Facilities (BFP) 6. Port Facilities (BFP) 7. Freshwater Lakes / Borrow Pits D. Education and Awareness 1. Florida Department of Environmental Protection 2. Florida Fish and Wildlife Conservation Commission 3. Florida Power and Light 4. Save the Manatee Club 5. FPUA Manatee Observation and Education Center 6. Harbor Branch Oceanographic Institute / Lincoln Park Academy 7. Environmental Learning Center 8. Other County Facilities E. Governmental Coordination 1. Permit Procedures and Development Review 2. Programs and Future Planned Boat Ramp Projects (BFP) F. Utilize existing maps or develop new maps to include in the MPP for the inventory section (BFP) Task 2 Inventory Occupancy at Marinas and Boat Ramps with Florida Fish and Wildlife Conservation Commission staff assistance during the months of January and February. A. Size and number of vessels for dry and wet storage B. Determine Boat Ramp Use C. Develop charts to summarize information Task 3 Determine Existing Local, State and Federal Programs That Benefit Manatees in St. Lucie County A. Habitat Protection 1. Habitat Restoration Programs 2. Water Quality and Vegetation Restoration and Stormwater Programs 3. Habitat Acquisition Programs 4. Include Long-term Implementation Schedule for these programs Task 4 Develop Manatee Protection Implementation Plan to Match the Plan Outline Summarized in Attachment 1. A. Manatee-Human Interaction 1. Flood Gates / Locks / Manatee Barriers 2. Site Specific Vessel Speed Recommendations - Survey affected parties 3. Recommended Areas for High Speed Water-Related Activities '-" ....,., 4. Speed Zone Signage - Coordinate with FIND & FFWCC 5. Increasing Law Enforcement Presence - Increase Registration Cost to Cover FMP Officers 6. Sanctuary Designation - USFWS & FFWCC B. Land Development 1. Shoreline Development Standards 2. Development Standards for Submerged Lands a. Boat Facility Siting Criteria (BFP) b. Performance Criteria (BFP) c. Residential Dock Density (BFP) d. Residential "No Entry" Areas (BFP) e. No Coastal Construction - Aquatic Preserve Dock Designs f. Freshwater Lakes / Borrow Pits C. Develop Educational and Awareness Program Goals With Assistance From Local Educators 1. Educational Programs - schools 2. Awareness Programs to Affect Boater and Personal Watercraft 3. Coordination of Education and Awareness 4. Identify Existing Grant Programs D. Develop Governmental Coordination Plan and Implementation Schedule 1. Land Development Code - Revise or Add Ordinances 2. Boat Traffic / Manatee Area Usage Study 3. Determine Plan Implementation and Schedule Beginning Six Months After Board Approval Task 5 JJ Manatee Protection Plan Objectives and Policies A. Develop Objectives and Policies (BFP) B. Determine implementation plan for adopting into Comprehensive Land Use Plan C. Determine implementation plan for adopting into Land Development Code Task 6 Final Manatee Protection Plan A. Prepare Draft Final Plan (as outlined in Attachment I) for Florida Fish and Wildlife Conservation Commission and County Staff Review B. Prepare Final Plan for Submission to Florida Fish and Wildlife Conservation Commission and County ~ ...." ATTACHMENT A REQUIREMENTS OF THE FEDERAL AND FLORIDA SINGLE AUDIT ACTS The administration of funds awarded by the Commission to the Contractor/Grantee may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS· below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Commission, The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised, An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection witli"'the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (Le., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 216.3491 (2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Commission lof6 ~ ....." by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Commission except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida Statutes, This includes submission of a reporting package as defined by Section 216.3491(2)(d). Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300.000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491. Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.3491. Florida Statutes, the cost of the audit must be paid from non-State funds (Le" the cost of such an audit must be paid from recipient funds obtained from other than State entities). PART III: OTHER AUDIT REQUIREMENTS - NONE PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OM B Circular A-133. as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directlv to each of the following: " A. The Commission's Project/Contract Manager at the address in the section titled NOTICE, and the Commission's Audit Director at the following address: Mary Morris, Environmental Specialist Florida Fish and Wildlife Conservation Commission Office of Environmental Services Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Tallahassee, Florida 32399-1600 ;J,ì Office of the Inspector General Attn: Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building 620 South Meridian Street Tallahassee, Florida 32399-1600 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB CircularA-133, as revised. 2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at each of the following addresses: 2of6 , . ~ ....", The Commission's ProjecUContract Manager at the address in the section titled NOTICE, and the Commission's Audit Director at the following address: Mary Morris, Environmental Specialist Florida Fish and Wildlife Conservation Commission Office of Environmental Services Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Commission's ProjecUContract Manager at the address in the section titled NOTICE, and the Commission's Audit Director at the following address: Mary Morris, Environmental Specialist Florida Fish and Wildlife Conservation Commission Office of Environmental Services Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 South Meridian Street Tallahassee, Florida 32399-1600 B, The AUditor;.JGeneral's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: The Commission's ProjecUContract Manager at the address in the section titled NOTICE, and the Commission's Audit Director at the following address: Mary Morris, Environmental Specialist Florida Fish and Wildlife Conservation Commission Office of Environmental Services Bureau of Protected Species Management 620 South Meridian Street, OES-BPS Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission 30f6 , . \.,t .... Bryant Building 620 South Meridian Street Tallahassee, Florida 32399-1600 5. Any reports, management letters, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Commission for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Commission or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Commission, ,u. 40f6 '-" AGENDA REQUEST """'" ITEM NO. C-6B DATE: September 26,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT PRESENTED BY: ~~l'W~ A50nald B. We , P.E. County Engineer SUBJECT: Approval of Work Authorization No. 11 to the Agreement for Engineering SeNices with Culpepper & Terpening Inc. for SUNeying SeNices for Land Acquisition for the Ultimate (4-lane) segment of Lennard Road, known as Lennard Road Phase" and approval of budget for land acquisition BACKGROUND: In 1990, Culpepper & Terpening began preparing the final engineering design for the proposed Lennard Road Phase" Project which extends from U.S. Highway One (just north of Kitterman Road) south to Walton Road and includes the Prima Vista Boulevard Extension. The project was eventually put on hold and the plans were not completed and permitting for the project was not obtained. On June 6, 2000, the Board created the Lennard Road1, Lennard Road2 and Lennard Road3 MSBU Projects to construct roadway, water and sewer improvements to a portion of the Lennard Road Phase II Project and authorized the County Engineer to proceed with the final engineering, permitting and design of the MSBU Projects. Engineering Staff is proposing to contract with Culpepper & Terpening, Inc. to provide sUNeying seNices for land acquisition of the ultimate segment of Lennard Road as described in the attached work authorization, in the amount of $75,680.00. In addition, Staff recommends that the County begin acquiring the land necessary to construct the ultimate 4-lane section from willing property owners along the entire Lennard Road Phase II corridor.. FUNDS AVAIL.: Funds will be made available from Transportation Trust/Road Impact Fees 101006-4116-563001-4169 101006-4116-563002-4169 101006-4116-563003-4169 1 01 006-4116-563007-4169 PREVIOUS ACTION: None .- . -----... ~ '-' ""'" RECOMMENDATION: Staff recommends approval of the attached Work Authorization No. 11 to the Agreement for Engineering Services with Culpepper & Terpening Inc. for Surveying Services and authorization to commence land acquisition proceedings within the MSBU for the ultimate segment of the roadway as set forth in the attached budget in the amount of $175,680.00. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: </7~ ~ Douglas Anderson County Administrator [x]County Attorney [x]Public Works Dir 321 ~ / [x ]Finance 0.- !ft Coordlnation/Slanatures ¡, JMgt & ~-fr¡!YIf:? [x ]Co. Eng ~ . [ ]Purchasing [x]Sr Acc! Clerk '-M"\ msbu\lennard\aga-eng2 '-' ....." BUDGET FOR LENNARD ROAD PHASE II (ULTIMATE) TOTAL $75,680.00 $10,000.00 $25,000.00 $65,000.00 $171 180.00 Surveying Services - Culpepper & Terpening Titlework Appraisals Land Acquisition '-" ......., WORK AUTHORIZATION NO. 11 Engineering Services C-97-11-186 for North Lennard Road and Prima Vista Boulevard Extension Lennard Road Extension Phase n Ultimate Project (Walton Road to U.S. Highway No.1) Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Culpepper and Terpening, Inc., (the "Engineer") dated November 25, 1997, the Engineer agrees to provide the Scope of Services described in Exhibit A for the Compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the County has hereunto subscribed, and the Engineer has affixed his name on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: &-~ FW ~ llAAA /) ---.... BY: James P Te ening, P.E., President Culpeppe and Terpening, Inc. Date: ~ - \.2 -0..:> ~ 'wi EXHIBIT "A" SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK DESCRIPTION: Provide the herein-defined professional engineering and surveying services necessary to provide project environmental permitting and right-of-way survey for the entire Lennard Road Phase II project. The services shall provide and prepare the required exhibits to provide the County with the ability to procure the Right-of-Way required to construct the extension of North Lennard Road from U.S. Highway NO.1 to the Savanna Club Development. The overall project length is approximately 27,900 lineal feet. The work effort will provide the County with the boundary survey and parcel sketches and descriptions for the property required to construct the ultimate four-lane divided rural roadway section from U.S. Highway No, 1 to the northern end of the Savanna Club Development, The permitting efforts shall include the work effort required to prepare mitigation for all wetland impacts associated with the ultimate project. An Environmental Assessment shall be provided for the entire corridor. SCOPE OF WORK: Task 1 - Right-or-Way Acquisition Survey Provide the survey services for the property required for the completion of the ultimate roadway design section for Lennard Road from Silver Oak Drive to the Savanna Club Development including easements along the east side of Lennard Road to Savanna Club Boulevard. Work effort comprises 25 parcels of land for acquisition. Parcel acquisition is also based upon the County's ability to procure the required land without the use of condemnation proceedings. Any services required for condemnation shall be considered to be outside the scope of this contract. Title Searches will be provided by others to aid in the establ.ishment of the project Right-of-Way. Page 2 of5 c:mydoclSpec.Auth/9532W All ~ ....,; 1.1 Sketch and Description of Acquisition The Engineer shall prepare a sketch and description of the section of the parent parcel of land required for the acquisition of each parcel of land required for each tier defined above. The acquisition sketch and description shall be prepared to meet Minimum Technical Standards for Surveying in the State of Florida and delivered to the County for processing, The sketches shall include any easements required to construct and maintain the project. Deliverables shall include six (6) signed and sealed blue line drawings. 1.2 Boundary Survey The Engineer shall prepare a boundary survey for each parent parcel of land required for right-of- way acquisition. The boundary survey of the parent parcel shall include the improvements affected by the acquisition process indicating detailed infonnation, All boundary surveys will be prepared to meet Minimum Technical Standards for Surveying in the State of Florida, Deliverables shall include six (6) signed and sealed blue line drawings and one (1) sets ofmylars. 1.3 Right-of-Way Maps The Engineer shall prepare Right-of-Way control maps for the ultimate Lennard Road (less the MSBU project) consisting of baseline/centerline designation and data (bearings and distances) with data for Section Line ties, street centerline locations and widths; platted subdivision boundaries and designations. The maps shall include designations for road Right-of-Way widths and the appropriate stationing along with setting of control monumentation along the baseline/centerline including references for same. All Right-of-Way maps prepared pursuant to this contract shall be signed and sealed by a Florida Licensed Surveyor Mapper. Page 3 of5 c:mydoclSpec.Auth/9532W All ~ ....; EXnmIT B COMPENSATION TO THE ENGINEER For the services set forth in Exhibit A, Scope of Services, the fee compensation to the ENGINEER shall be as set forth herein. The term "L.S." indicates a Lump Sum fee for the tasks specified and is intended to be a fixed fee not subject to change without the Client's agreement, The term "Hourly" indicates that the tasks specified will be performed on an hourly rate basis in accordance with -the fee schedule set forth in Exhibit B and the fee shown is an estimated budget figure only. Task 1 - Right-or-Way Acquisition Survey 1.1 Sketch & Description of Acquisition (25 @ $650 each) 1.2 Boundary Survey Acquisition Parcels (25 @ $850 each) 1.3 Right-of-Way Maps (Ultimate) $ 16,250 L.S. $ 21,250 L.S. $ 38,180 L.S. Total Task 1: $75,680 L.S. Page 4 of5 c:mydoc/Spec,Auth/9532W All ....., ....", EXHmIT C PROJECT SCHEDULE Culpepper & Terpening, Inc. will complete the tasks associated with Exhibit A in accordance with the following schedule: Task 1 - Right-of-Way Acquisition Survey: Within 120 days of Notice to Proceed. Page 5 of5 c:mydocfSpec,Authl9532W All .:. r r , t '-" ...".¡ WORK AUTHORIZATION NO.8 Engineering Services C-97-11-186 for North Lennard Road and Prima Vista Boulevard Extension Roadway Improvements MSBU Project (Savanna Ridge Elementary School to Silver Oak Drive) Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Culpepper and Terpening, Inc., (the "Engineer") dated November 25, 1997, the Engineer agrees to provide the Scope of Services described in Exhibit A for the Compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the County has hereunto subscribed, and the Engineer has affixed his name on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY (~J / // ~ L~ -fJ~ ENGINEER BY. Jame p, e ening, P.E., President Culpepper and Terpening, Inc. Date: q \ le It)o r , , '-" ....", EXHffiIT "A" SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK DESCRIPTION: Provide the herein defined professional engineering and surveying services necessary to survey, design, permit and construct the extension of North Lennard Road rrom approximately 1,590 linear feet south of Kitterman Road to Silver Oak Drive and Prima Vista Boulevard rrom U.S, Highway No.1 east to Lennard Road. The overall project length is approximately 8,100 lineal feet and is further defined as follows: Lennard Road Provide for a two-lane rural roadway with roadside swale drainage from the recently completed Lennard Road terminus at Savanna Ridge Elementary School to the Tilton Road intersection with Silver Oak Drive. The proposed roadway improvement is approximately 5,900 linear feet in length. The roadway alignment will follow the previously approved Lennard Road alignment. The roadway design shall include roadway pavement, drainage, signing and marking, pedestrian and equestrian facilities. The project roadway design shall be for a two-lane rural section that will allow for a future four-lane divided roadway section. Prima Vista Boulevard Provide for a four-lane divided urban roadway section with storm sewer drainage rrom U.S. Highway No, 1 to the proposed intersection with Lennard Road. The proposed roadway improvement is approximately 2,200 linear feet in length. The roadway alignment will follow the previously approved Prima Vista Boulevard alignment. The roadway design shall include roadway pavement, drainage, signing and marking, and pedestrian facilities, The drainage work effort shall include the preparation of construction plans for the construction of Detention Ponds NO.2 and 3 of the previously approved Lennard Road plans. These ponds will be located east of the intersection of Prima Vista Boulevard and Lennard Road and the south east corner of Section 15, Township 36 South, Range 40 East respectively, Project coordination shall be provided with the Port St. Lucie Utility Systems Department (PSLUSD), Florida Department of Transportation (FDOT), and the North St, Lucie River Water Control District, South Florida Water Management District (SFWMD) and the Army Corps, Of Engineers (COE), Page 2 of 12 c:rnydoclSpec,Auth/9532W A8 , I , '-' """ Signalization improvements to the intersection of US. Highway No, 1 and Prima Vista Boulevard is not a part of this scope of services and will be perfonned by others in accordance with the County's Developer's Agreements with Prima Vista, L.c., A Florida Limited Liability Company and Xenon Corporation, a Swiss Corporation. SCOPE OF WORK: Task 1 - Preliminary Work Effort 1.1 Field Surveys The previously obtained field surveys will be reviewed to insure that field conditions have not changed, In those instances where field conditions have changed, additional surveys will be perfonned to augment and update the work effort prefonned for the original design efforts. 1.2 Data Collection Existing record infonnation within the project vicinity will be procured, if possible, and reviewed for incorporation in the design effort. This existing infonnation includes the inftastructural improvements associated with Savanna Ridge Elementary School. The existing utility services located within the area will be re-notified of the proposed work effort to solicit any existing infonnation available and possible future requirements within the scope of the project. Meetings will be held with officials from the PSLUSD as well as others to coordinate the utility improvements that will be required as part of the roadway construction. Task 2 - Preliminary Design 2,1 Preliminary Roadway Design The preliminary roadway design shall consist of the modification of the previously developed project's horizontal geometric layout, typical roadway section, pavement design, preliminary vertical alignment, drainage Masterplan, and existing cross sections. All work from Task 1 will be incorporated into the preliminary design plans. The horizontal layout will include proposed locations for both pedestrian and equestrian facilities. The roadway design plans will be prepared on aerial photo basemaps with digital enhancements at a scale of I" = 40', and the drainage map on a scale of 1" = 200'. A typical section will be prepared for both the proposed 2-lane section and the ultimate 4-1ane divided roadway section. A preliminary construction cost estimate will be prepared upon completion of this design phase, Both full-size and half-size plans will be provided for review purposes. Page 3 of 12 c:mydoclSpec,Auth/9532W AS ~ ......, 2.2 Utility Coordination Meeting will be held with the local utility providers within the project area to coordinate the construction efforts. Meetings will be held with the PSLUSD, FP&L, BellSouth, Adelphia Cable, and the FPUA to establish the modifications and adjustment required by each entity with respect to the proposed roadway improvements. Task 3 - Permitting 3.1 Permit Meetings Pre-application meetings will be held with the FDOT, and South Florida Water Management District, and COE respectively. The purpose of the meetings will be to address any concerns, and permitting requirement which the respective agencies may have with the construction of the project, and to insure that the permit applied for is in conformance with the permitting requirements, 3.2 Permit Package Preparation The Engineer will prepare all necessary information and process the required permit applications to all appropriate agencies. The progress of the permit reviews will be monitored and additional information will be forwarded promptly to aid in the approval process. Task 4 - Final Design 4.1 Final Roadway Design After formal approval of the preliminary design by the County, final roadway design plans will be prepared in general accordance with the format described in the 1992 Florida Department of Transportation's Plans Preparation Manual. All pertinent revisions to the plans requested by the County and by the review and permitting agencies will be carried out. The fmal plans will include a project drainage map, typical section sheets, project layout sheets, plan and profile sheets, intersection design sheets, drainage details, maintenance of traffic plans, roadway cross sections, and any pertinent detail sheets required for the construction of the project. Both full-size and half-size reproducible plans will be provided as well as digital files of the project. 4.2 Bid Specifications and Construction Documents Once all the required permits and approvals have been received, and the design plans have been approved by the County, the Consultant will prepare all necessary documents and plans required to bid the project for construction, A detailed cost estimate will be provided. All documents will be submitted to the County in digital format for bidding purposes. Page 4 of 12 c:mydoc/Spec.Auth/9532W AS '-' """ 4.3 Bid Services The Engineer will attend a pre-bid meeting to answer questions regarding the project prior to the receipt of bids, Any additions or corrections to the bid package will be delivered to all prospective bidders in an acceptable addendum format. Upon receipt of the bids, the Engineer will analyze the bids received, as well as other pertinent data, and provide the County with a recommendation for award of the project. Task 5 - Right-or-Way Acquisition Survey This task is based upon the property required for the improvements associated with the MSBU (2-lane Lennard Road & 4-1ane Prima Vista Boulevard). Work effort comprises a maximum of 16 parcels of land for acquisition and 17 construction easements. This includes the required detention ponds for the MSBU project. Right-of-Way Maps for the Phase I (MSBU) project are included in this work effort. Vertical benchmarks will be established and maintained throughout the project for the duration of the roadway construction efforts. The benchmarks shall be a provided at a minimum spacing of 500' throughout the project limits. Parcel acquisition is also based upon the County's ability to procure the required land without the use of condemnation proceedings, Any services required for condemnation shall be considered to be outside the scope of this contract. Title Searches will be provided by others to aid in the establishment of the project Right-of-Way. 5.1 Sketch and Description of Acquisition The Engineer shall prepare a sketch and description of the section of the parent parcel of land required for the acquisition of each parcel of land required for each tier defined above, The acquisition sketch and description shall be prepared to meet Minimum Technical Standards for Surveying in the State of Florida and delivered to the County for processing. The sketches shall include any easements required to construct and maintain the project. All sketches and descriptions prepared pursuant to this contract shall be signed and sealed by a· Florida Licensed Surveyor Mapper. Deliverables shall include six (6) signed and sealed blue line drawings. 5.2 Boundary Survey The Engineer shall prepare a boundary survey for each parent parcel of land required for right-of- way acquisition. The boundary survey of the parent parcel shall include the improvements affected by the acquisition process indicating detailed information. All boundary surveys will be prepared to meet Minimum Technical Standards for Surveying in the State of Florida. Deliverables shall include six (6) signed and sealed blue line drawings and one (1) mylar set. Page 5 of 12 c:mydocISpec,Auth/9532W AS ~~ " 5.3 Right-of-Way Maps The Engineer shall prepare Right-of-Way control maps for the MSBU project consisting of baseline/centerline designation and data (bearings and distances) with data for Section Line ties, street centerline locations and widths; platted subdivision boundaries and designations. Themaps shall include designations for road Right-of-Way widths and the appropriate stationing along with setting of control monumentation along the baseline/centerline including references for same. All Right-of-Way Maps prepared pursuant to this contract shall be signed and sealed by.a Florida Licensed Surveyor Mapper, Deliverables shall include five (5) signed and sealed blue line drawings, one (1) mylar set, and one (1) copy of the map in digital format (AutoCAD Version 13), Task 6 - Environmental Assessment and WRAP The Engineer shall provide Environmental Assessment and Wetland Rapid Assessment Procedure for the entire Lennard Road Corridor (+/- 130' wide) ftom Stations 150+00 to 434+97.15, including 30+00 to 40+00 (prima Vista) in Sections 14, 15, 22, 23, 24, 25, and 36, Township 36S, Range 40E, St. Lucie County, Florida, The work effort is as follows: 6.1 Wetland Delineation The Engineer will delineate on-site wetlands at the referenced project site. All wetlands will be delineated according to the State of Florida, South Florida Water Management District (SFWMD), FAC 62-340 and the U.S. Army Corps of Engineers (COE) Wetland Delineation Manual, Technical Report Y-87-1. Wetland boundaries will be flagged with pink surveyor's tape marked "Wetland Delineation" and consecutively numbered, Biologists will mark the approximate delineation on a 1 "=200' scale St. Lucie County blue line aerial photograph for the Client's review. The Engineer will complete all COE Field Data Sheets, as required by the COE. 6.2 Agency Wetland Review and Jurisdictional Determination The Engineer will conduct an on-site field review of the wetland delineation with staff members of the SFWMD, as soon as agency personnel are available. The Engineer will conduct an on-site field review of the wetland delineation with staff members of the COE upon their receipt of a permit application, Upon agency approval of the wetland lines, the Engineer will have the areas surveyed. The Engineer will forward the surveys to the COE and SFWMD staff members for informal concurrence and signature. 6.3 Protected Species The Engineer will conduct a protected species survey on the referenced site. Biologists will conduct a preliminary systematic survey for protected species in accordance with Florida Fish and Wildlife Conservation Commission (FFWCC) Guidelines, Biologists will record all observations Page 6 of 12 c:mydoclSpecAuth/9532W A8 '-" '''*' of listed protected species and features that may indicate species presence. Physical features may include, but are not limited to, tree markings, burrows, tracks, nests, scat and cavity trees, The Engineer will request that the us. Fish and Wildlife Service (FWS) and the FFWCC review their files for the presence of any listed species that may be present on-site. 6.4 Vegetation Survey (FLUCCS) Biologists will conduct a systematic survey of vegetation using the Florida Land Use, Cover and Classification System (FLUCCS), A Technical Report, FLUCCS was developed by the State of Florida, Department of Administration, Division of State Planning, Bureau of Comprehensive Planning, April 1976. Biologists will base the vegetative community descriptions on field survey observations, SCS soil maps and aerial photograph interpretation, 6.5 Soil Map/Survey Biologists will map all project soils. Soils will be mapped according to the Soil Survey of St. Lucie County Area, Florida, United States Department of Agriculture, Soil Conservation Service. 6.6 Historical/Archaeological Resources The Engineer will coordinate historical and! or archaeological resources with the Florida Department of State, Division of Historical Resources, State Historical Preservation Officer (SHPO), This Task does not include a formal archaeologicallhistorical survey as may be required by SHPO. 6.7 Wetland Rapid Assessment Procedure (WRAP) The Engineer's biologists will conduct a WRAP assessment, Technical Publication REG-OOl, April 1999, for each wetland delineated within the corridor, The WRAP rating index will assist the County and Regulatory Agencies in the evaluation of existing wetlands, The WRAP rating establishes a numerical ranking of ecological and anthropogenic factors. WRAP is a preliminary tool to be used to document baseline information for a site prior to development activities. WRAP input data will consist primarily of field-observations and The Engineer's professional experience, The Engineer will evaluate the following WRAP variables: wildlife utilization, wetland overstory/shrub canopy, wetland vegetation ground cover, adjacent upland support/wetland buffer field indicators of wetland hydrology, and water quality input and treatment systems, The Engineer will coordinate WRAP scores with staff members of the SFWMD, COE, and St. Lucie County, 6.8 Preliminary Environmental Assessment Report The Engineer will prepare a preliminary environmental report based on data compiled in Tasks I through VII above to be used in the Environmental Resource Permit Application (ERP). The report will discuss the environmental issues associated with the referenced project site, The report may be used to address local, Federal and State environmental permitting issues. c:mydoclSpeç,Auth/9532W A8 Page 7 of 12 '-' '....I Task 7 - Project Mitigation The Engineer shall prepare an off-site mitigation plan in connection with the ultimate Lennard Road project site. This mitigation proposal is based on the assumption that mitigation can be performed on property owned by St. Lucie County, provided by St. Lucie County, and that the location is acceptable to the South Florida Water Management District (SFWMD), U.S. Army Corps of Engineers (COE), and St. Lucie County. The work effort is as follows: 7 .1 Wetland Identification The jurisdictional wetlands will be identified that are suitable for restoration and/or enhancement. Wetlands will be marked on a St. Lucie County blue line aerial photograph. 7.2 SCS Soil Map The Engineer will provide the SCS Soils Map of the areas proposed for mitigation site as provided by St. Lucie County. 7.3 USGS Topographic Map The Engineer Will provide the USGS Topographic Map of the areas proposed for mitigation site as provided by St. Lucie County. 7.4 FLUCFCS Map The Engineer will provide a FLUCFCS Map of the areas proposed for mitigation site as provided by St. Lucie County. 7.5 Endangered/Threatened Species Survey The Engineer will conduct a protected species survey on the wetlands proposed for mitigation at the site provided by St. Lucie County. Biologists will conduct a preliminary systematic survey for protected species in accordance with Florida Fish and Wildlife Conservation Commission (FFWCC) Guidelines. Biologists will record all observations of listed protected species and features that may indicate species presence. Physical features may include, but are not limited to, tree markings, burrows, tracks, nests, scat and cavity trees. The Engineer will request that the U.S. Fish and Wildlife Service (FWS) and the FFWCC review their files for the presence of any listed species that may be present on-site. Page 8 of 12 c:mydoclSpecAuthl9532W A8 '-" "'" 7.6 Wetland Rapid Assessment Procedure (WRAP) The Engineer will conduct a WRAP assessment on the wetlands proposed for mitigation on the site provided by St. Lucie County. The Engineer will coordinate our WRAP scores with staff members of the SFWMD, COE, and St. Lucie County. 7,7 Wetland Mitigation Drawings and Construction Specifications The Engineer will develop conceptual mitigation plans and specifications to be included in the Mitigation Plan, The Mitigation Plan will also include cost estimates to employ the Mitigation Plan. 7.8 Mitigation Monitoring and Maintenance Plan The Engineer will provide a Mitigation Monitoring and Maintenance Plan for the proposed mitigation on the site provided by St. Lucie County. Task 8 - Construction Services The Engineer shall provide Construction Administration, Field Representation, and Construction Observation sufficient to certify construction compliance with permitting requirements. The services shall be for a 12-month duration and include the following: I, Provide periodic project representation to observe the construction work performed by the Contractor for all aspects of the project work effort related to permit certifications. 2, Prepare a monthly construction progress report that will be submitted concurrent with the Contractor's payment draw request. The report will include recommendation of payment to the contractor, and denote any areas in which the contractor may be falling behind the proposed construction schedule, 3, Review and approve shop drawings which are defined for purposes of this Contract as all drawings, diagrams, illustrations, brochures, schedules and other data prepared by a contractor, subcontractor, manufacturer, supplier, or distributor which illustrates the equipment, material or some portion of the work to be used during the construction of the project. 4, Review and determine the acceptability of substitute materials and equipment proposed by the Contractor. 5, Conduct an inspection to determine if the work has been completed by the Contractor in accordance with his contract agreement with the County, and if the Contractor has fulfilled all c:mydoc!Spec.Authl9 532W AS Page 9 of 12 '-" '-' of his obligations thereunder. The Engineer will make written approval and recommendations to the County concerning the disposition of final payment to the Contractor. EXHIBIT B COMPENSATION TO THE ENGINEER For the services set forth in Exhibit A, Scope of Services, the fee compensation to the ENGINEER shall be as set forth herein. The term "L.S," indicates a Lump Sum fee for the tasks specified and is intended to be a fixed fee not subject to change without the Client's agreement. The term "Hourly" indicates that the tasks specified will be performed on an hourly rate basis in accordance with the fee schedule set forth in Exhibit B and the fee shown is an estimated budget figure only. Task 1 - Preliminary Work Effort 1,1 Field Surveys 1.2 Data Collection Based upon the following estimates of work effort: · Principal Engineer 2 Hours · Project Engineer 10 Hours · CADD Technician 40 Hours $ 1,500 L.S. $ 3,000 L.S. Sub Total Task 1: $ 4,500 L.S. Task 2 - Preliminary Design 2,1 Preliminary Roadway Design Based upon the following estimates of work effort: · Principal Engineer 25 Hours · Project Engineer 130 Hours · CADD Technician 400 Hours · Clerical 40 Hours 2.2 Utility Coordination $ 32,200 L.S. Sub Total Task 2: $ 1,200 L.S. $ 33,400 L.S. Task 3 - Permitting 3,1 Permit Meetings 3.2 Permit Package Preparation $ 1,500 L.S. $ 7,000 L.S, Sub Total Task 3: $ 8,500 L.S. Task 4 - Final Design 4.1 Final Roadway Design Based upon the following estimates of work effort: · Principal Engineer 16 Hours · Project Engineer 80 Hours · CADD Technician 240 Hours · Clerical 24 Hours 4.2 Bid Specifications and Construction Documents $ 21,800 L.S. $ 5,500 L.S, c:mydoclSpec,Auth/9532W AS Page 10 of 12 '-' .~ 4.3 Bid Services $ 2,500 L.S. Sub Total Task 4: $ 29,800 L.S. Task 5 - Right-or-Way Acquisition Survey 5.1 a)Sketch & Description of Acquisition (16 @ $650 each) b) Sketch & Description ofConst, Easements (17 @ $550 each) 5.2 Boundary Survey Acquisition Parcels (16 @ $850 each) 5.3 Right-of-Way Maps (MSBU Project) Sub Total Task 5: Task 6 - Environmental Assessment and WRAP 6.1 Wetland Delineation 6.2 Agency Wetland Review and Jurisdictional Determination 6.3 Protected Species 6.4 Vegetation Survey (FLUCCS) 6.5 Soil Map/Survey 6.6 Historical/Archaeological Resources 6.7 Wetland Rapid Assessment Procedure (WRAP) 6.8 Preliminary Environmental Assessment Report Sub Total Task 6: Task 7 - Project Mitigation 7.1 Wetland Identification 7,2 SCS Soil Map 7.3 USGS Topographic Map 7.4 FLUCFCS Map 7.5 Endangered/Threatened Species Survey 7.6 Wetland Rapid Assessment Procedure (WRAP) 7.7 Wetland Mitigation Drawings and Construction Specifications 7.8 Mitigation Monitoring and Maintenance Plan Sub Total Task 7: Task 6 - Construction Services $ 10,400 L.S. $ 9,350 L.S. $ 13,600 L. S. $ 21,940 L.S. $ 55,290 L.S. $ 2,470 L.S. $ 3,390 L.S. $ 4,220 L.S. $ 1,160 L.S. $ 430 L.S. $ 490 L.S. $ 3,410 L.S. $ 1,970 L.S. $ 17,540 L.S. $ 1,700 L.S. $ 480 L.S. $ 480 L.S. $ 1,160L.S. $ 1,800 L.S. $ 3,400 L.S. $ 6,670 L.S. $ 900 L.S. $ 16,590 L.S. Construction Engineering and Periodic Inspection @ $2,500/Month for 12 months duration. The fee is based upon an average of 10 hours per week for a project representative and 2 hours per week for the project engineer. TOTAL ALL TASKS: Page II of12 c:mydoclSpecAuth/9532W AS $ 30,000 L.S. $ 195,620 L.S. # '-' ....."" EXHffiIT C PROJECT SCHEDULE Culpepper & Terpening, Inc. will complete the tasks associated with Exhibit A in accordance with the following schedule: Task 1 - Preliminary Work Effort: Within 30 days of Notice to Proceed. Task 2 - Preliminary Design: Within 120 days of Notice to Proceed, Task 3 - Permitting: Submittal to all appropriate agencies will take place upon approval of the Preliminary Design from 81. Lucie County. Task 4 - Final Design: Within 60 days of preliminary design approval rrom S1. Lucie County but not prior to approval rrom the required permitting agencies. Task 5 - Right-of-Way Acquisition Survey: Within 150 days of Notice to Proceed. Task 6 - Environmental Assessment and WRAP: Within 120 days of Notice to Proceed, Task 7 - Proiect Mitigation: Submittal to all appropriate agencies within 60 days of agency acceptance of Item 6.7 (yVetland Rapid Assessment Procedure (WRAP). Task 8 - Construction Services: Duration of 12 months upon commencement of construction. Page 12 of 12 c:mydoc/Spe<:.Auth/9532W AS '-' '''-' WORK AUTHORIZATION NO.9 Engineering Services C-97-11-186 for North Lennard Road and Prima Vista Boulevard Water Transmission System Extension MSBU Project (Kitterman Road to Silver Oak Drive) Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Culpepper and Terpening, Inc" (the "Engineer") dated November 25, 1997, the Engineer agrees to provide the Scope of Services described in Exhibit A for the Compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the County has hereunto subscribed, and the Engineer has affixed his name on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~~ @ItJ~ V BY: James p, e . g, P.E., President Culpepper and Terpening, Inc. Date: ~ \ l3 (ex) '-' 'wi EXHIBIT "A" SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK DESCRIPTION: Provide the herein defined professional engineering and surveying services necessary to survey, design, permit and construct the extension of a water transmission system on North Lennard Road rrom approximately Kitterman Road to Silver Oak Drive, Prima Vista Boulevard rrom U.S. Highway No.1 east to Lennard Road, and Kitterman Road rrom U.S. Highway No.1 to Lennard Road. The overall project length is approximately 10,500 lineal feet and is further defined as follows: Lennard Road/Prima VistalKitterman Provide for an 8" diameter water transmission line within the proposed road right-of-way for North Lennard Road from approximately Kitterman Road to Silver Oak Drive, a 12" diameter line along Prima Vista Boulevard rrom U.S. Highway No.1 east to Lennard Road, and an 8" diameter line along Kitterman Road from the south west comer of U.S. Highway No. I to Lennard Road. The water transmission system design will be prepared on the proposed roadway design plans for the above referenced roadway. The utility design shall include fire protection and all appurtenances required by the PSLUSD including connection to the existing water transmission system. The Kitterman Road water transmission line design will be prepared on the As-Built drawings provided by St. Lucie County for the recently completed Savanna Ridge Elementary School. Project coordination shall be provided with the Port St. Lucie Utility Systems Department (PSLUSD), Florida Department of Transportation (FDOT), and the Florida Department of Environmental Protection (FDEP). SCOPE OF WORK: Task 1 - Preliminary Work Effort 1.1 Field Surveys The previously obtained field surveys will be reviewed to insure that field conditions have not changed, In those instances where field conditions have changed, additional surveys will be performed to augment and update the work effort preformed for the original design efforts. Page 2 of8 c:mydocISpec,Auth/9532W A9 '-' '-" 1.2 Data Collection Existing record information within the project vicinity will be procured, if possible, and reviewed for incorporation in the design effort, This existing information includes the inftastructural improvements associated with Savanna Ridge Elementary School (to be provided by St. Lucie County). The existing utility companies located within the area will be re-notÏfied of the proposed work effort to solicit any existing information available and possible future requirements within the scope of the project. Task 2 - Preliminary Design 2,1 Preliminary Utility Design Upon completion and approval of the preliminary roadway design, the required water transmission and sanitary transmission facilities will be established. The utility facilities will be designed to insure that service can be provided to all of the parcels associated with the MSBU. The extent of the utility improvements required will be coordinated with the PSLUSD as well as all other effected utilities. The utility design plans will be prepared on roadway digital basemaps at a scale of 1" = 40'. A preliminary construction cost estimate will be prepared upon completion of this design phase. Both full-size and half-size plans will be provided for review purposes. Task 3 - Permitting 3.1 Permit Meetings Pre-application meetings will be held with the PSLUSD, FDOT, and FDEP respectively, The purpose of the meetings will be to address any concerns, and permitting requirement which the respective agencies may have with the construction of the project, and to insure that the permit applied for is in conformance with the permitting requirements. 3.2 Permit Package Preparation The Engineer will prepare all necessary information and process the required permit applications to all appropriate agencies, The progress of the permit reviews will be monitored and additional information will be forwarded promptly to aid in the approval process, Page 3 of8 c:mydoc/Spec.Auth/9532W A9 y .-...,,1 Task 4 - Final Design 4,1 Final Utility Design Based upon the completion and final approval by the County of the roadway design plans, as well as any comments received from appropriate agencies, the final utility construction plans will be prepared. The plans will be in general accordance with the format described in the 1992 Florida Department of Transportation's Plans Preparation Manual, and the PSLUSD standards. The final roadway design plans will be the basemaps for the utility construction plans, The utility construction plans will include plan and profile sheets, pump station site plan sheets, and all necessary detail sheets, as well as the appropriate PSLUSD detail sheets. Both full-size and half- size reproducible plans will be provided as well as digital files of the project. 4.2 Bid Specifications and Construction Documents Once all the required permits and approvals have been received, and the design plans have been approved by the County, the Consultant will prepare all necessary documents and plans required to bid the project for construction, A detailed cost estimate will be provided. 4.3 Bid Services The Engineer will attend a pre-bid meeting to answer questions regarding the project prior to the receipt of bids, Any additions or corrections to the bid package will be delivered to all prospective bidders in an acceptable addendum format. Upon receipt of the bids, the Engineer will analyze the bids received, as well as other pertinent data, and provide the County with a recommendation for award of the project. Task 5 - Construction Services The Engineer shall provide Construction Administration, Periodic Field Representation, and Construction Observation, The services shall be for a 4-month duration and include the following: 1. Provide periodic project representation to observe the construction work performed by the Contractor for all aspects of the project work effort. 2. Prepare a monthly construction progress report that will be submitted concurrent with the Contractor's payment draw request. The report will include recommendation of payment to the contractor, and denote any areas in which the contractor may be falling behind the proposed construction schedule. Page 4 of8 c:mydodSpec.Auth/9532W A9 , . ......, '...., 3. Review and approve shop drawings which are defined for purposes of this Contract as all drawings, diagrams, illustrations, brochures, schedules and other data prepared by a contractor, subcontractor, manufacturer, supplier, or distributor which illustrates the equipment, material or some portion of the work to be used during the construction of the project, 4. Review and determine the acceptability of substitute materials and equipment proposed by the Contractor. 5. Conduct an inspection to determine if the work has been completed by the Contractor in accordance with his contract agreement with the County, and if the Contractor has fulfilled all of his obligations thereunder. The Engineer will make written approval and recommendations to the County concerning the disposition of final payment to the Contractor. Page 5 of8 c:mydoclSpec,Auth/9532W A9 . , J \.¡r ''-'' EXHmIT B COMPENSATION TO THE ENGINEER For the services set forth in Exhibit A, Scope of Services, the fee compensation to the ENGINEER shall be as set forth herein. The term "L.S.II indicates a Lump Sum fee for the tasks specified and is intended to be a fixed fee not subject to change without the Client's agreement. The term IIHourlyll indicates that the tasks specified will be performed on an hourly rate basis in accordance with the fee schedule set forth in Exhibit B and the fee shown is an estimated budget figure only, Task 1 - Preliminary Work Effort 1.1 Field Surveys 1.2 Data Collection Based upon the following estimates of work effort: · Principal Engineer 1 Hours · Project Engineer 6 Hours · CADD Technician 20 Hours $ 2,000 L.S, $ 1,500 L.S, Sub Total Task 1: $ 3,500 L.S. Task 2 - Preliminary Design 2.1 Preliminary Utility Design Based upon the following estimates of work effort: · Principal Engineer 34 Hours · Project Engineer 150 Hours · CADD Technician 420 Hours · Clerical 24 Hours $ 35,200 L.S. Sub Total Task 2: $ 35,200 L.S. Task 3 - Permitting 3,1 Permit Meetings 3.2 Permit Package Preparation $ 500 L.S. $ 1,500 L.S. Sub Total Task 3: $ 2,000 L.S. Task 4 - Final Design 4.1 Final Utility Design Based upon the following estimates of work effort: · Principal Engineer 16 Hours · Project Engineer 90 Hours · CADD Technician 260 Hours · Clerical 20 Hours 4.2 Bid Specifications and Construction Documents 4.3 Bid Services $ 21,300 L.S. Sub Total Task 4: $ 1,500 L.S. $ 500 L.S, $ 23,300 L.S. Page 6 of8 c:mydoclSpec.Auth/9 532W A9 j J . '-" 'owl Task 5 - Construction Services Construction Engineering and Resident Inspection @ $1,500/Month for 4 months duration, The fee is based upon an average of 4 hours per week for a project representative and 2 hours per week for the project engineer. $ 6,000 L.S, TOTAL ALL TASKS: $ 70,000 L.S. Page 7 of8 c:mydoclSpecAuthl9532W A9 , " ~ .-.-1 EXHmIT C PROJECT SCHEDULE Culpepper & Terpening, Inc. will complete the tasks associated with Exhibit A in accordance with the following schedule: Task I - Preliminary Work Effort: Within 45 days of Notice to Proceed. Task 2 - Preliminary Design: Within 75 days of Preliminary Roadway Design approval. Task 3 - Permitting: Submittal to all appropriate agencies will take place upon approval of the Preliminary Design from Port St. Lucie Utility Systems Department and St. Lucie County, Task 4 - Final Design: Within 45 days of preliminary design approval from Port St, Lucie Utility Systems Department and St. Lucie County but not prior to approval from the required permitting agencIes. Task 5 - Construction Services: Duration of 4 months upon commencement of construction. Page 8 of8 c:mydoclSpec,Auth/9532W A9 , ' I '-" 'wi WORK AUTHORIZATION NO. 10 Engineering Services C-97-11-186 for North Lennard Road and Prima Vista Boulevard Sanitary Transmission System Extension MSBU Project (Kitterman Road to Silver Oak Drive) Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Culpepper and Terpening, Inc., (the "Engineer") dated November 25, 1997, the Engineer agrees to provide the Scope of Services described in Exhibit A for the Compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C, IN WITNESS WHEREOF, the County has hereunto subscribed, and the Engineer has affixed his name on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ð{~ r¡vJ~ James , erp ning, P.E., President Culpepper and Terpening, Inc. Date: '\, 1 ~ -c:7D · . '-' """" I I . EXHmIT "A" SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK DESCRIPTION: Provide the herein defined professional engineering and surveying services necessary to survey, design, permit and construct the extension of a sanitary transmission system on North Lennard Road from the Savanna Ridge Elementary School entrance to Silver Oak Drive, and Prima Vista Boulevard from U,S. Highway No. 1 east to Lennard Road, The overall project length is approximately 8,100 lineal feet and is further defined as follows: Lennard Road/Prima Vista Provide for an 8" diameter sanitary transmission line within the proposed road right-of-way for North Lennard Road from Silver Oak Drive connecting to the existing facility located at the Savanna Ridge Elementary School entrance, and an 8" diameter line on Prima Vista Boulevard from Lennard Road to U.S. Highway No, 1. The sanitary transmission system design will be prepared on the proposed roadway design plans for the above referenced roadway. The utility design shall include all appurtenances required by the PSLUSD including connection to the existing sanitary transmission system. Project coordination shall be provided with the Port St. Lucie Utility Systems Department (PSLUSD), Florida Department of Transportation (FDOT), and the Florida Department of Environmental Protection (FDEP). SCOPE OF WORK: Task 1 - Preliminary Work Effort 1,1 Field Surveys The previously obtained field surveys will be reviewed to insure that field conditions have not changed. In those instances where field conditions have changed, additional surveys will be performed to augment and update the work effort preformed for the original design efforts. 1.2 Data Collection Existing record information within the project vicinity will be procured, if possible, and reviewed for incorporation in the design effort, This existing information includes the infrastructural improvements associated with Savanna Ridge Elementary School (to be provided by St. Lucie County). The existing utility companies located within the area will be re-notified of the proposed work effort to solicit any existing information available and possible future requirements within the scope of the project. Page 2 of? c:mydodSpec,Auth/9532W AIO , I i '-" '''''*' Task 2 - Preliminary Design 2.1 Preliminary Utility Design Upon completion and approval of the preliminary roadway design, the required water transDÚssion and sanitary transmission facilities will be established. The utility facilities will be designed to insure that service can be provided to all of the parcels associated with the MSBU. The extent of the utility improvements required will be coordinated with the PSLUSD as well as all other effected utilities. The utility design plans 'will be prepared on roadway digital basemaps at a scale of 1" = 40'. A preliminary construction cost estimate will be prepared upon completion of this design phase. Both full-size and half-size plans will be provided for review purposes. Task 3 - Permitting 3.1 Permit Meetings Pre-application meetings will be held with the PSLUSD, FDOT, and FDEP respectively. The purpose of the meetings will be to address any concerns, and permitting requirement which the respective agencies may have with the construction of the project, and to insure that the permit applied for is in conformance with the permitting requirements. 3,2 Permit Package Preparation The Engineer will prepare all necessary information and process the required permit applications to all appropriate agencies. The progress of the permit reviews will be monitored and additional information will be forwarded promptly to aid in the approval process, Task 4 - Final Design 4.1 final Utility Design Based upon the completion and final approval by the County of the roadway design plans, as well as any comments received from appropriate agencies, the final utility construction plans will be prepared. The plans will be in general accordance with the format described in the 1992 Florida Department of Transportation's Plans Preparation Manual, and the PSLUSD standards. The final roadway design plans will be the basemaps for the utility construction plans, The utility construction plans will include plan and profile sheets, pump station site plan sheets, and all necessary detail sheets, as well as the appropriate PSLUSD detail sheets. Both full-size and half- size reproducible plans will be provided as well as digital files of the project, Page 3 of7 c:mydo</Spec,Auth/9532W AIO '. '--" ..."" . . , 4.2 Bid Specifications and Construction Documents Once all the required permits and approvals have been received, and the design plans have been approved by the County, the Consultant will prepare all necessary documents and plans required to bid the project for construction. A detailed cost estimate will be provided. 4.3 Bid Services The Engineer will attend a pre-bid meeting to answer questions regarding the project'prior to the receipt of bids, Any additions or corrections to the bid package will be delivered to all prospective bidders in an acceptable addendum fon;nat. Upon receipt of the bids, the Engineer will analyze the bids received, as well as other pertinent data, and provide the County with a recommendation for award ofthe project. Task 5 - Construction Services The Engineer shall provide Construction Administration, Periodic Field Representation, and Construction Observation. The services shall be for a 4-month duration and include the following: 1, Provide periodic project representation to observe the construction work performed by the Contractor for all aspects of the project work effort. 2, Prepare a monthly construction progress report that will be submitted concurrent with the Contractor's payment draw request. The report will include recommendation of payment to the contractor, and denote any areas in which the contractor may be falling behind the proposed construction schedule. 3, Review and approve shop drawings which are defined for purposes of this Contract as all drawings, diagrams, illustrations, brochures, schedules and other data prepared by a contractor, subcontractor, manufacturer, supplier, or distributor which illustrates the equipment, material or some portion of the work to be used during the construction of the project. 4, Review and determine the acceptability of substitute materials and equipment proposed by the Contractor. 5. Conduct an inspection to determine if the work has been completed by the Contractor in accordance with his contract agreement with the County, and if the Contractor has fulfilled all of his obligations thereunder. The Engineer will make written approval and recommendations to the County concerning the disposition of final payment to the Contractor. Page 4 of7 c:mydoclSpec,Auth/9532W A I 0 . . , "'" ~ EXHffiIT B COMPENSATION TO THE ENGINEER For the services set forth in Exhibit A, Scope of Services, the fee compensation to the ENGINEER shall be as set forth herein. The tenn "L.S." indicates a Lump Sum fee for the tasks specified and is intended to be a fixed fee not subject to change without the Client's agreement. The tenn "Hourly" indicates that the tasks specified will be performed on an hourly rate basis in accordance with the fee schedule set forth in Exhibit B and the fee shown is an estimated budget figure only, Task 1 - Preliminary Work Effort 1.1 Field Surveys 1.2 Data Collection Based upon the following estimates of work effort: · Project Engineer 2 Hours · CADD Technician 8 Hours $ 500 L.S. $ 500 L.S. Sub Total Task 1: $ 1,000 L.S. Task 2 - Preliminary Design 2.1 Preliminary Utility Design $ 12,000 L.S. Based upon the following estimates of work effort: · Principal Engineer 8 Hours · Project Engineer 40 Hours · CADD Technician 160 Hours · Clerical 10 Hours Sub Total Task 2: $ 12,000 L.S. Task 3 - Permitting 3.1 Permit Meetings 3.2 Permit Package Preparation $ 500 L.S, $ 1,500 L.S. Sub Total Task 3: $ 2,000 L.S. Task 4 - Final Design 4.1 Final Utility Design Based upon the following estimates of work effort: · Principal Engineer 4 Hours · Project Engineer 24 Hours · CADD Technician 100 Hours · Clerical 6 Hours 4.2 Bid Specifications and Construction Documents 4,3 Bid Services $ 7,000 L.S. Sub Total Task 4: $ 1,000 L.S. $ 250 L.S. $ 8,250 L.S. Page 5 of7 c:mydoclSpec.Auth/9532W Al 0 j ~ f .4. "-' "-"" Task 5 - Construction Services Construction Engineering and Resident Inspection @ $1,500/Month for 4 months duration, The fee is based upon an average of 4 hours per week for a project representative and 2 hours per week for the project engineer. TOTAL ALL TASKS: Page 6 of7 c:mydoclSpec,Auth/9532W AlO $ 6,000 L.S. $ 29,250 L.S. ø ~ 'f . '-' ....., EXHmIT C PROJECT SCHEDULE Culpepper & Terpening, Inc. will complete the tasks associated with Exhibit A in accordance with the following schedule: Task 1 - Preliminary Work Effort: Within 30 days of Notice to Proceed. Task 2 - Preliminary Design: Within 45 days of Preliminary Roadway Design approval. Task 3 - Permitting: Submittal to all appropriate agencies will take place upon approval of the Preliminary Design from Port St. Lucie Utility Systems Department and St. Lucie County. Task 4 - Final Design: Within 30 days of preliminary design approval ftom Port St. Lucie Utility Systems Department and St, Lucie County but not prior to approval from the required permitting agencies. Task 5 - Construction Services: Duration of 4 months upon commencement of construction, Page 7 of7 c:mydoclSpecAuth/9532W A I 0 '-" -...I MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JAMES R. DAVID, MOSQUITO CONTROL DIRECTOR DATE: SEPTEMBER 18,2000 SUBJECT: QUEENS ISLAND ACQUISITION - PHASE II - AGREEMENT FOR SALE OF KINGSGATE PROPERTIES, INC. TRACT 100-019 BACKGROUND: The objectives of the public land acquisition of Phase II, consisting of 103 acres, of the 235 acre Queens Island - Ocean to River Project, are to preserve, protect, restore and publicly manage natural, barrier island communities, which consist of nationally and internationally declining habitats. The natural communities on the site consist of: Estuarine Tidal Swamp, Maritime Hammock, Coastal Strand and Beach Dune. Additional objectives of the project are; to protect endangered and threatened sea turtles nesting habitat found in the Beach Dune habitat, to preserve and restore southeastern beach mouse dune habitat and to preserve and restore maritime hammock and estuarine tidal swamp habitats at the site. The preservation of these habitats accomplishes preservation and enhancement of the viability of the site's important biodiversity (a site of + 7 focal species overlap, Game and Fish). The site is also targeted to be a 'Strategic Habitat Conservation Area' by the State of Florida. Furthermore, public acquisition will extend the boundaries of an existing public preserve, which lies 1/4 mile to the north, and which is linked to the site by the same water body, the Indian River Lagoon. This public acquisition will therefore foster the creation of a barrier island Green way along the Indian River Lagoon in Saint Lucie County. The proposed Green way includes a series of nearly contiguous barrier island mangrove swamps that traverse the length of St. Lucie County, [Note: Freshwater wetlands on the mainland which are biologically-linked to the Lagoon (via migratory or dispersing organisms), are also targeted by the Green way effort]. This public acquisition effort also furthers the Indian River Lagoon National Estuary Program Goal of wetland protection (in an Estuary of National Significance), through wetland acquisition, restoration, enhancement and public management. The approximately 40 acres (17 % of site) of coastal strand and maritime hammock at the Queens Island site, of which 20.7 acres comprise Phase II of the acquisition, form a natural connection between the dune communities along the Atlantic Ocean and the wetlands fringing the estuarine waters, broken only by State Road AlA. The Beach Dune natural community occupies a narrow zone on the foredune nearest the beach, and serves as a nesting site for endangered Green sea turtle and threatened Loggerhead sea turtle (Chelonia mydas and Caretta caretta). The beach dune is also an active foraging site for shore birds and habitat for the State-listed Gopher tortoise (Gopherus polyphemus). The Beach Dune vegetation is dominated by Sea oats (Uniola paniculata), Beach grass (Panicum amarum), and '-' ....,¡ some species of morning glory (Ipomia spp,). The secondary dune, which is more pronounced in the northern tracts, is dominated by Coastal Strand vegetation (typically spray-pruned trees and shrubs). The Coastal Strand is bisected by highway A 1 A, thus is somewhat fragmented. The secondary dune system has also experienced some disturbance from vehicles crossing from A 1 A to the beach area, Representative plants of the coastal strand, include; Seagrape (Coccaloba unifera), Buckthorn (Bumelia sp.), Coin vine (Dalbergia ecastophyllum), Catbriar (Smilex sp.), Cocoplum (Chrysobalanus icaco) and Hercules club (Zanthoxylum clava-herculis), The Maritime Hammock is contiguous with that portion of the Coastal Strand which lies west of AlA. The State of Florida, District Biologist, described the site as being a low hammock, with a temperate over story and a subtropical understory. The understory of the Hammock is dominated by Marlberry (Ardisia escallonioides), Stoppers (Eugenia axillaris and E. Foetida), Indigo berry (Randia aculeata) and Saw palmetto (Serenoa repens). Other more tropical species such as Gumbo limbo (Bursera simaruba), Mastic (Mastichodendron foetidissimum), Torchwood (Amyris elemifera), Wild lime (Zanthoxylum fagara) and Wild coffee (Psychotria undata) are also found in small patches in the understory. The more temperate canopy consists chiefly of Live oak (Quercus virginica) and Red Bay (Persea borbonia) with some individuals of Strangler fig (Fichus aurea) and Palmetto (Sabal palmetto) also present. State-listed species in the maritime hammock include the Golden polypody (Phlebodium aureum), Whisk fern (Psilotum nudum), Shoestring ferns (Vittaria lineata) and Twinberry (A.K.A. Simpson's Stopper) (Myrcianthesfragrans). The lagoon-fringing portion of the Hammock area consists mainly of Estuarine Tidal Swamp. Fingers of fringing estuarine tidal swamp lands, in the form of shallow tidal creeks, a large tidal pond and man-made ditches, are interspersed among the hammock uplands and spoil sites. Mangroves (Rhizophora mangle, Avicennia germinans, Laguncularia racemosa and Conocarpus erecta) dominate this estuarine-fringing system, with occasional stands of other shoreline-dotting plants (such as Sea oxeye, Borrichia frutescens). Saltwort and glasswort (Batis maritima and Salicornia spp.) are also present. A State-listed plant species found in this area is the Coastal leather fern (Asrostichum danaeifolium). The estuarine tidal swamps which comprise approximately 79 % of the total project site, have been typically described as a combination of "high saltmarsh" and "mangrove swamp". Earthen dikes surround the majority of estuarine intertidal scrub shrub found in the westernmost segment of the site. The diked area forms a mosquito control impoundment (No.19B). The impoundment is located to the west of the Hammock area, across a shallow tidal creek of the Indian River Lagoon. The impoundment is artificially pumped during the mosquito breeding season (May through August under Rotational Impoundment Management, RIM) by the Mosquito Control District, using two, 7,000 g.p.m. electric pumps, The management protocol involves flow-through movement of tidal waters during the management period (which sustains hig~ water quality), and periodic drawdowns of water levels during the mosquito breeding season to concentrate prey species for wading bird foraging enhancement. ~ ...., The Board previously approved the Indian River Lagoon Blueway /Queens Island Acquisition and Ownership Agreement between the County, the South Florida Water Management District Save Our Rivers program, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. As a result of the Agreement, the South Florida Water Management District commissioned appraisals, surveys, title and other pre-acquisition activities, towards the purchase of the Queens Island - Phase II. To-date, the properties of Robert E. Cleaves, IV and Dorothy Goulter as Trustees - Tract Nos 100-023 and 100-024 , and P. M.J. Corporation - Tract Nos 100- 021 and 100-022 have been purchased in Phase II. The Board has previously approved the purchase of Tract No. 100-025 in Phase II, owned by Mr. Harrison H. Weaver, Individually and as Trustee, which is currently in-process. The Board is now being requested to consider approval of an Agreement for Sale for Tract No. 100-019, totaling 10.95 acres, owned by Kingsgate Properties, Inc., a Florida Corporation. The land costs for the Kingsgate property (totaling $88,000.00) are to be shared by the State Conservation And Recreation Lands program (50 %), the USFWS (25 % approx. +/-), and the Saint Lucie County Environmentally Sensitive Lands program (25 % +/-). The pre-acquisition costs will also be shared, as required by the Acquisition and Ownership Agreement, although those costs are yet to be supplied by the South Florida Water Management District. The estimated County ESL program contribution toward the land value is $22,004,00 (which does not include pre-acquisition costs). The total ESL funds expended and committed on the Phase II project total $248,322.35, and represent 10.6 % of the total project costs, to-date. The value for the Kingsgate Tract was based upon the surveyed total buildable upland acres on the property, or 2.57 acres, RECOMMENDATION: Staff recommends that the Board approve the Agreement for Sale for the following tract; Kingsgate Properties, Inc. a Florida Corporation, Tract No, 100-019 in Phase II, and commit County Environmentally Sensitive Land Funds, estimated at $22,004.00 (+/-) in land costs, as well as, the County percentage share of the pre-acquisition costs (as set forth in the Acquisition and Ownership Agreement). r ..... c: (D ______ :z '"0 C\J E c: .... æ (D ro oð J2 IE ..- ~ (J) I T""" .... "'0 J2 . § .~ (J) (J) i c: Q) ,9 ~ Q) :ï5 ,è: (J) :::¡ a.. a.. Q) ro "E ::J .s::::. (D a CL ~ íñ ...J « .... o .... .... z w :iE w w z 0:: o ø ...JE « O(f) (f) 0::5 ~ ....0«« ZUW(f) 0«0::0 uo<{z Oz....« !:;«U(f) :;:¡...JW>- g::::a~ owO::o:: :iE(f)0..:;:¡ >-«~(f) ....:I:wz zo..øo :;:¡ò«o ozww u«O::(f) w...Ju« Ü(f)«1X! :;:¡ - .. 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M C '<t alN N Z :5 ~ et:: w I- ..J ;:) I ° " "" W I- enet:: < Ww " ..J » en « " < ð ..., Ww Z I- :E ° D- d~ :;:: I- '-'" ~ z ~ o z « a:: w > « w ~ I- « I- o Z I- ::J co a:: w I- -' ::J o (9 "" C/J W > « w -' u o z « ..., ::2: 0- I- « I- z o a:: u.. J: U « w co u.. o w C/J « J: u a:: ::J 0- Z o o w C/J « co ~ C/J W I- ü5 Z W W ~ I- W co C/J w a:: u « o z « -' 0- ::J W -' co « o -' ::J co a:: w 0- I- C/J o u ~ w u z w a:: w u.. u.. o 91/01 '00 10: 12 ID : LAN T '''1~FAX3800 ~ FA~:: rAGE 2 "'" Form No. SHORTSltP.FIN RevIsion Date: 03104/97 Re: Indian River Lagoon Blueway/Queens Island" Phase I I Tract Nos, 100-019 AGREEMENT FOR SALE AND PURCHASE This Agreement is made and entered into bv and between the below named SELLER: whose addre'8 Is: KINGSGATE PROPERTI!:S.fNC.. a Florida Corporation c/o Priscilla Meyers V.ro Beach Rulty 539 aNchland Blvd. Vero B,ach, FL 32963 whoae t.'ephone number Is: (561) 234-2923 who.. Social Security Number or FederallD Tax Number 1.:_ (hereinafter collectively referred to as "SELLER"), and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT. a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406 and whose mailing address ;s Post Office Box 24680. WA~t P~lm Reach, Florida ~~16-4680, its 8UCCClssors and a~ign&, (hereinafter roforrad to 3t:; "BUYER"). For Ann in r.nm~iriArAtion of mutual covenant9 set forth herein and other good and vàluablo oonGÎdorQtion, the sufficiency and receipt of which are hereby acknowledged. and in further consideration of the terms and conditions herAiMftAlr RAt fnrth, thA parties hereto, intending to be legally bound, agree at follows: 1. ~REEt.lENT TO SELL AND BUY ThA !=;F=I I J:"R hø¡areby agreéS to $911 to tho BUVER and the BUVER horoby ogreo!; to buy from thA SELLER, subject to the terms and conditions hereinafter set fonh, that certain real property comprising approximately 10.95 acres located In St. tude County, Florida, legally described in Exhibit -N 3tt3Chcd hereto nod made Ð. part hereof, together w:th all and sí('lgular the rights, privileges, and appurtenances thereto belonging or in anywise appertaining (hereinafter referred to as the 'Pr8mia9S"), 2. euRCH~E PRICE a. Tho purohase priOè for the F"remis8s is the sum of Elghty·.,Ight Thou..nd Dollars ($88.000.00) (the "Purchase Price") payable at time of Closing by BUYER's check or Ch~k issued by the C. losing agent subject only to the proration, and adjustments as otherwi5( provided In tllib Ayrtltffmmt. , ~ 3. TIME FOI\.ACCEPT~CE ~,' ,1~i~.Agreement shall not be effective unleM it i~ 8¡(e....ultlu =:tlrtlu uy ltJe 5EL. ER to the BUYER on or oerore ;¡iT {.-pRI.-23I, 2000 ar.d is executed by the BUYER on or before . 2000. No~î.tb~\8nding the foregoing, in the event thi$ Agreemènt is executed by the SELLER èillÙ dttlillttrfJd to the BUYER after ~ 2000, BUYER, in BUYER's sOle f discretion, may extend said date until the date the BUYER actually receives this Agreement fully executed by the SELLER. Hie alleclivl;t dttte of this Agreement ("Effective Dale"), for purposes of pet1ormance, Shall be regarded as the date when the BUYER has signed this Agreement. Acceptance and execution of this Agreement shall void any prior cuntrttct~ or agreements between the parties concerning tne r'remlses unless incorporated by reference herein, This Agreement is subject to and contingent upon approval by the GOVer5?in. Board of the SOuth Florida Water Management District. 4. CLOSING DATE :rt\~IA~J1" n,1Cvl Tne transaction contemplated by tnls Agreement shall be closed ("Closing") and the Deed and othor closing papers and possession, shall be delivered on or before ~pt*lDMr 91. ..2000 ("Closing Date"), unless extended by other provisions of this Agreement. Closing SMtl be held at the office of the BUYER or BUYER's closing agent. BUYER shall have the unilateral right in its sole and absolute discretion to extend the Closing Date any number of times up to a total of Sixty (SO) days. ~~/Ol '00 10: 12 1 D: L.A~J J cRFAX3800 FAX: FAGE '2 ~. '-" ~. S. EVIDENCE.Of TIIJ.E a. BUYER, within thirty (30) days from the Effective Date shall, at BUYER's expense obfa'n a title insurance commitment ("Title Commtment·) Issued by a title insurer approved by the BUYER f'Tltle C'..ompany"), agreeing to issue to the BUYER upDn the recording of the deed hereinafter mentioned, an owner's policy of titie Irsurancê In thé amount of the Purchase Þrice insuring the BUYER ß~ to mArkAIAblA tltlA In fhR PrAml!';AFt RLJVF~ ¡:¡h~1I (1RY Rt t":ln"ino thn Antlr~ 1itIA insurance premium due for the title insurance policy to be issued to the BUYER after Closing pursuant to the Title Commitment. b. BUYER shall have until the later of: (1) the sixtieth (60th) day after the Effective Date, or (2) the thirtieth /30th) day aft.r tha døte SUVAr recelvA I¡, thA TitlA (';nmmilmAnf Rnri ;:tny I rriRtA~ fhRrFltn. or (~) thp. thirtiAfh (~nth) rfRY RfiRr -hp. date Buyer receIves the Survey, to examine the Tille Commitment and the Survey. If the Title Commitment or Survey d!scloses exceptions to title other than thnRA mAttørfl RAt fnrth nn thA Ii!'>t AftAl':hAri hArAtn ;¡K ElChihit "B". (thn~ m~ttAr~ set forth on Exhibit "B" are hereinafter referred to as the "Approved Exceptions"), then BUYER shall within said period notify the SEL IER in writing specifying which titlê oxcapticns arC! objéctC'ld to by BUYER ("Titla Ob actlons") Thé SELLER shall have ninety (90) days ("Cure Period") from the receipt of such notice to cure and remove the Title Obj¡;,ctions. SELLER shall be obligated to and shall lise diligènt effort to curD and romove Tltto Objactlons within the CUfO PeriOd, incllldlng the bringing of necessary suits. If the Cure Period extends past the Closing Date, then the Closing Date !'òhall be automatieally extended to on or before the tenth (10th) day aftar thG expiration of the Cure Period, If ths SELLER shall not have cured and removed the Title Objections during the Cure Period, BUYER shall have the option of accepting titlg &s It then is, "xtending the Cure Period for an additional sixty (80) day period or declining to accept titl" and thereupon this Agreement shall be cancelled and the BUYER and the SELLER shall have no lurther claim against each other under thi~ Agreement. C. Prior to or at Closing, SELLER shall, at its sole cost and expense, satisfy all B-1 requirements of the Title Commitment. If at Cloçing there are ar,y un6atisfied Sohodule B-1 roquiromonts, tho BUYER shall havo, in addition 10 all other rights in this Agreement, the options set forth in subparagraph S.b. above. d. BUYER, in its dioorotion, may, at ÐUYER's expenso. obtain Q boundÐI"y survey of the Premises (·Survoy") prepared by a registered Florida lard surveyor. The Survey shall be done In accordance with the minimum technica' ot:1nd~rd(õ for land ~urvoying Q~ e3tnbHshed by the Florida State Board of Surve)'ors and Mappers. BUYEn, in its sole discretion may, at BUYER's sole cost and expense have the Survey updated prior to Closing as is necessary to enable the Titlo Comp"ny to doloto tho Gurvey exceptions oontained In the Title Commitment. 6. CONDITIONS PRECEDENT TO CLOSING a. In oddition to 011 otnor conditions precedent to BUYER's obligation to consummate the purchase end aale contemplated herein provided elsewhere in this Agreement, the following shall be additional conditions precedent to BUYER's obligation to consummate the purchase and S8le contemplated herein: i. Prior to Closing, approval of the acquisitions contemplated by this Agreement and release of funds to BUYER by (1) the Florida Department of Environmental Protection from the Conservation and Recroation Lands Tru::.t Fund, in the amount of fifty percent (50%) of the Purchase Price plus BUYER's closing casts, and a grant from the United SlQIt;~ Fbh ø,!Ilj Wilûliftl St!lvive in Ihl;! arnount ullhirly-nill8 ë;ml1 nine-tenthlS percent (39.9"10) 01 the Purchtlse Pric~ ptu:s BUYER's closing costs a.nd (2) the Board of County Commissioners of St. Lucie County, Flonda in the amount ot ten and UlI~ll;!fllh ¡Jl;lfCtll1t (10,1 %) uf Ihe PurctnUttl Price plu:; BUYER's closing costs. ii. The conveyance contemplated by this Agreement is not in violation of, or prohibited by, any pr:vate restriction, governmental law, ordinance, statute, rule or regUlation, Incluatng Dut not limited to appllcaDle governmema: subdivision or platting ordinances. III. All of the representations anCl warranties 01 SELLER contained In \lilS Agreement sna, tie true ano correct as of Closing. iv. At Closing, tnere snail be no conditions With regarCl to tlie premiSes, Including but not limited te dangerous conditions, environmental cDnditions or physical conditiDns, that BUYER determines can reasonably be expected te (1) aaversely impact BUYER's intended use of the Premises, or (2) affect the ma:ket value of the Premises. v. On the day of Closing, the Premises shall be In compliance with all applicable federal, sta1e and local laws. ordinances. statutes. rules, regulations, codes, requirements, licenses, permits and authorizations. vi. The physical condition of the Premises shall be the same on the date of Closing as on the Effective Date of this Agreement, reasonable wear and tear excepted. b. Should any of the conditions precedent to Closing provided in subparagraph 6. a. above fail to occur, then BUYER shall he.ve the right, in 8UYER's sole and absolute discretion, to terminate this Agreement upon which both parties shall be released 01 all obligations under this Agreement with respect to each other, except for materiai mIsrepresentations made by SELLER to BUYER. 2 01/01 '00 10: 18 . . I D: LAN J ¡:RFA;<-(3800 FAX: rAGE 4 '-" "" 7. PRORATIONS. TAXES AND ASS&SSUliNTS SELLER shall pay at Closing all real property taxes accrued with respect to the Premises through the Closing Dale in accordancQ with Florida Statute 196.295 and all othor I"9VQnuo 01 the;¡ Promises shall be p"orated as of the Closing DatQ, All pending, certified. confirmed or ratified special assessment liens existing as of the Closing Date are to be paid by !hc SELLER no 13tor than Closing. IntMgiblo porconol proporty to)(08, il any, shall bo paid by SELLER. 8. CONVI:Y ANCE 8~LLER ohall convoy titlo to tho PromiGO~ to tho BUYER, and/or Ðuoh othor third party :lÐ m~iY be dOÐignated by BUYER. by statutory warranty deed (RDeed") subject only to the Approved EKceptions and those title exceptions otherwise aocoptod by tho BUYER. 9. OWNI:AS AFFIDAVlI/ÇONSTRUCTION LIENS D. At Cloeing, tho SELLER Ghall fumiÐh to tho BUY~R an Ownor'G Affidavit ("Ownor't Affidavit") swearing tnat there have been no Improvements to the Premises for ninety (90) days ímmedlately preceding the Closing Date in order to enablo tho Tlllo Comp3ny to doloto tho oonGtruotion lion oxcoptlon from tho Titlo Commitment. If the Premises has been improved within ;,¡nety (90) days immediatêly preceding the Closing Date. the SELLER shall aeliver appropriate releases or waivers of all construction lions end the $I:LLl:n's construction lien aHidavit In order to enable the Title Company to delete the construction lien e)(ception from the Title Commitment. In addition, the Owner's Affidavit shall be ac(¡ep~ablé to the Title Company in order to enable the Title Company to delete the unrecorded ðt'l.t\ement$. parties in possession and other standard exceptions from the Title Commitment. b. 3ELLE:R ehðll comply with the provisions 01 the roreign Investment neal Propfilrty Tex Act, 8ectÎon 1445 of the Intemal Revenue Code (FIRPTA). i. 11"1 tho event GE:LLI:R Is not a ·non-ro$Ïdent ftlien" or 8 foroign person" as defined within thE! meaning of FIRPT A. then SELLER shall prol/ide at Closing to BUYER a non-foreign affidavit in a form acceptable to the closing agent ("Non-roreign Affidevit"); or ii. In the event the SELLER Is a "ncin-resident alien" or "foreign person" within the meaning of FIRPTA and SELLER ha5 not otherwí5e obtainod an exemption or other written release from the Internal Revenue Service (IRS), then the closing agent shall wíthhold a sum equal to 10% of the Purchase Price, or such amount set forth in ëmy written fljh~i:t!.it! horn lh~ IRS. hUJf1 SELLER's µrocl;tt!r.Js Qt Clu::;iny i:l.IIU ¡Jay !:iU1,.;!t SUIfI lu llll: IRS wllllin 10 days from Closing. 10. DOCUMENTS FOR CLQJING a. At Closing. SEU..ER shall execute and deliver (or cause to be executed and delivered) to BUYER the following aocuments and InStrUments ("Seller's Documents"): i. the Deed Ii. me Owner's Afflt1avlt iii. the Non-Foreign Affidavit iv. the Closing Statement v. all other documents and Instruments provided for under this Agreement. required by the Title Compan'ý or reasonably required by BUYER to consummate the transaction contemplated by tlilS Agreement, all In torm, content and substance reasonably required by and acceptable to BUYER. b. The BUYER shall prepare the Seller's Documents (except for the Closing Statement al"ld documents required by the Title Company). The BUYER shall prepare or cause the closing agent to prepare the closing statement and submit it to BUYER at least ten (10) days prior to Closing. 11. WARRANTY a, SELLER warrants that there are no facts known to SELLER materially affecting the value of the Premises which are not readily observable to BUYER or which have not been disclosed to BUYER. b. The SELLER hereby represents and warrants that there are no pending applications, permits. petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to. BUYER, municipalities, counties, districts, utilities, and/or federal or state 8gÐncles, concerning the use or operation cf, or title to the Premises, or any portion thereof. and SELLER has not granted nor Is obligated to grant any interest in the Premises to any of the foregoing entitles. 12. INGRESS AND EGRESS SELLER warrants that there is legal access, ingress and egress to and from the Premises to and from a public road. 13. EXISTJNG MORTGAGES AND OTHER LIENS At Closing, SELL.ER shalt obtain satisfaction of record of all mortgages, liens and judgments applicable to and encumbering the Premises. 3 O~/Ol '00 :0: 14 I D : LA~J T cRFAX8800 FAX: PHGE 5 ~ -...."I 14. ¡;XP&NS&S BLJYER shall pay all State and County surtax and documentary stamps that are requiled to be affixed to the ¡nstn~ment of convoyance. All costs of recording the Deed. and all oth9r Closing DocumGnts to bo rocorded, shall be paid by thQ BUYER. Any corrective instruments to be recorded, shall be paid by SELLER. 15. DEFAULT a. If the SELLER falls or neglects to perform any of the terms, conditions. covenants or provisions of this Agreement, the QUvr:n may sook specific performance without théreby \'woiving any actiOt1 for damagoè rocultlng from SELLER's breach. If the BUYER fails to perform any of the covenants of tl'l& Agreement. SELLER shall have the rlgh1 10 5eek damages Of specific performance, b. In connectior'1 with al1Y dispute arising out of this Agreement, including without limitation litigation and appeals, the prevailing party will be entitled to recovor reasonable attorney's fees and coats from the othor party, 16. RIGHT TO ENTER The SeLLen agrees that from the Cffective Date through the C100ìng Date, all officor3, cmploycoG and aocroditod 3.gont~ of the BUYER shall have at 8.11 proper times the unrestricted right and privilege to enTer upon the Premises for all proper and lawful pUlpœes. including but not limited to Inspection, Investigation, examination of the ~remises and the resource:; upon it. 17. RISK 0' LOSS AND CONDITION OF REAl. pROPERTY SELLER assumes all risk of toss or damage to the Premises prior to the Closing Date and warrants as a condlt:on of Clo$!ng, Ihtt! tl1ti Pltillli~~ ~Ili:i lie Iri:lII~hmt:lu i:irnJ l;ulIYtiyad to BUYER in the Eoame condition ii5 of the date of SELLER's execution of this Agreement, ordinary wear and tear excepted. However. in the event the condition of the Premise::; is l:illtllttd by iill i:il,;l uf GUll UI ulln:!! l1i:ilUICiI forca bayond the control of SELLER, BUYER may elect. at it, sole aption, to terminate this Agreement and neither party shall have any ~urther obligations under this Agreement. In the I:Vt:3l1l BUYER t:llt:llill'j 1101 tu 181111hlëJlti \lilt; AU":larntll1l, the Purchase Price shall be 'educeo by the apprai~ed value, as approved by BUYER, of the damaged or destroyed improvements. and any casualty insurance proceods shall belong to the SEL1.ER. 18. SURVIVAL Tne covenants, warranties. representations, Indemnities and undertakings of SEL.LER sut forlh ill Ihib Ayltlt:llllanl, &l"Iall survive the Closing, the delivery and recording of the Deed and BUYER's possession of the Premises. 19. OCCUPANCY AND f<lOSSESSION a. SELLEA warrants that there are no parties in occupancy of the Premises other than SELLER, and at Closing S~LLEH shall deliver occupancy Of the "'remises free and clear of all parties. 20. §P~I~ CLAUSES a. Environmental t.:onClluons i. For purposes of this Agreement. pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any Kina or any contaminant, pOllutant. petroleurn, petroleum product or petroleum Þy-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release. storage, use, handling, discharge. or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any appllcanle feaeral, state. or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. ii. As a material inducement to BUYER entering into this Agreement, the SELL.ER hereby warrants and represents the following: (') The SELLER has obtained and IS In full compliance with any and all permits regardIng the Disposal of Pollutants on the Premises or contiguous property owned by SELLER. (2) The SELLER 1$ not aware nor does it have any notice, actual or constructive. of any past, pre!òent or future events. conditions. activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Premises or on contiguous property. (:3) There is no civil, criminal or administrative action, suit, claim, demand. investigation or notice of violation pending or threatened against the SELLER relating in any way to the Disposal of Pollutants on the Premises or on any contlauous property owned by SELLER. iii. Liability. While Paragraph 20. a. establishes contractual liability for the SELLER regarding pollution of the Premises as provided herein. it does not alter or diminish any' statutory or common law liability of the SELLER for such pollution. b. Prior to Closing. SELLER. at its sole cost and expense. shall clean up and remove all abandoned personal property (Ineluding but not limited to trailers of all types), refuse, garbage. junk. rubbish, solid waste, trash and debris from the Premises. 21. BROKiR FEES ~FI LER warrants that no persons. firms. corporations or other entities are entitled to a real estate commission or other fees as a result of thi~ Agreement or subsequent closing, except for Vero Beach Realty. SELLER shall pay all real estate 4 9~,<\1 '00 :0: 15 ID:LANT~RFAX3BOO FAX: rACE 6 '-" "'" commissions. fees ana other considf.,ration due brokers in connection with the transaction contemplated by this Agreement. 22. MISCw.ANE50US a. Notices. All notices, reqJests. consents and other communications required or permitted under this Agreement shall be in writing (includino tell;)( and telegraphic communications) and shall be (as elected by the person giving sueI', notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postßOA prApAlrI), !'Atum rA(:AI "1t rAr IIA~!Aci, or AAnt hy ¡:¡ny fnrm nf oVAmiaht mAil, ¡:¡rkirA~AArl to: TO BUYER: Director oj Real Estate Division South Florida Water MAnAOArnAnt niRtricl (MAILING ADDRESS:) (OFFICE LOCATIOM) P.D.Rnx 24680 AAn1 (.;.,n Cluh RnFlr.t West Palm Beach, Florida 334'6-4680 West Palm Beach, Florida 33406 Fax (561) 681-6233 TO SELLER: Kingsgate Properties, If'\c., a Florida Corporation c/o Priscilla Meyers Vero Beach Realty 530 Beachland Blvd. Vero Beach, FL 32963 Fax (561) 234-2311 or to such other address as any party may designate by nQtice complying with the terms of this $ubp~ragraph. Each such notice shall be deemed delivered (1) on the date delivered if by per&Onal delivery; (2) on the date telecommunlcated if by telegraph: (3) on the date of transmission with confirmed receipt if by teleK, (elaf8x or other telegraphic method; (4) on the date upon which the retum receipt 1& signed or delivery if> refu&ed or the notic;e if> deðignatèd by the postal authoritìef> as not deliverable, as the case may be, If mailed; and (5) one day after mailing by any form of overnight mail service. b. Geverability. If any provif>ìon of thì& Agreement or any other Agreement entered Into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation. slJch provision shall be inapplicable and deem81J omitted to tile extent so contralY, prohlbltEld or invalid, but lha remainder !'Itlreo! stHill 1'101 bt:I invalidated thl:1reby and shall be given full force and effect so far as possible. If any provision of this Agreement may be construed in two or mare ways, one of which would render the provision Invalid or otherwise voidable or unenforceable and another of wnlc~1 would render the provision valid and enforceable, such provision shall have the meaning which renders It valid and enforceable. C. CounterDarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an Original, Dut all of whiCh together shall constitute one and [he same instrument. A racsimile copy of this Agreement and any signatures hereon shall be considered for all purposes as originals. d. Interpretation. ThiS Agreement shall be interpreted without regard to any presumption ar other rule requiring interpretation against the party causing this Agreement or any part thereof to be drafted, e. Handwritten Provisions. Hanctwrltten provIsions Inserted In thiS Agreement ancllnttlaled by tM IjUYI::H and tns SELLER shall control all printed provisions in conflict therewith. f. I!.!nft:. Time is of the essence with regard to every term. CDndltlon and provision set forth in this Agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays. Sundays and state or national legal holidays, end any time period provided for herein which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day. g. Entire Agreement. This Agreement contains the entire agreement between the parties pertaining to the subject mattar contained in It and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No agreements or representations, unless incorporated in this Agreement shall be binding upon any of the parties. No modification or change in this Agreement shall be valid or bìndlng upon the parties unless in wrìting and executed by the party or parties intended to be bound by it. 5 01,0: '00 10: 16 I D : LAN r F:RFAX3800 FAX: rAGE 7 v ....,,; r, Syccesso;s In. Intere§.t, This Agreement shall be leoal!y bir,dinc upOn the oa,1les hereto and their heirs. legal representatives, successors and assigns. This Agreement may I'IOt be assigned by SELLER without BUYER's prior written consent. BUYER: SOUTH FLORIDA WATER MANAGEMENT DISTRICT. BY ITS r,OVFRNINll ROARO ATTEST: By; Chai rman Secretary Executed by the BUYER on (Corporate Seal) SELLER: KINGSG~pj!¡O~INC" a F'o,'da Co"",,.,..n :/~< ~::{¿ .. V\tT,PrQ~ìdElnt C ~11'-fll.. F-S ~S H( ~~ 1:'; ~~æ~¿t2~--) .--:-~ ,Secretary ~ t.\L,~ ~11 let ,(' Executed by the SELLER on __ ,') .', ' 6 01-,'01 '00 10: 1~ ID:LANIFRFAX3800 FAX: PAGE ~~ ~ -...I . :\0 Exhibit" A" Tract No. FV.100..019 All that part of the South 110 feet of the Nurth 660 reet of Sectioos 14 and IS, Township 34 !';outh. Range 40 East. from the Atlantic Ocean on the East to the Indian River on the West, lying West of State Road A~l·A, St. Lucie County, Florida; TOGETHER with riparian and littoral rights appertaining thereto, if any. tnl!ian Ri'ler ulloon\KingS¡¡atð Properties. tnc. ORB 365, P.217t H:\data\indian river la¡OO!l\lOO-OI9.I¡I Octo~r 11. 199Q . ~.~"'It;-'~ .'r_ ,_ _.:.a........ ...v~o!"';·r·..··.- . ·:··~~u _ ..n \O/t \f5j ,. . '".. ~ , Ç>1/01 '00 10: 17 ID:LANTrqFAX3800 FAX~ PACE ~~ '-' "WI EXHIBIT US" TO AGReEMENT fOR SALE AND PURCHASE BETWEEN THE SOUTH FLORIDA WATER MANAGeMI!NT DISTRICT AND KINOSCJA TE PROP~RTlt!S. INC.. II Fl9rldll C'iorD01'lItlon APPROVED EXCEPTIONS NONE AU recordIng Information refers to the Public Hecoras Of öt. Lucie Gounty County, Florida unless otnerwìse speci1ically noted. Ql,'Ol '00 10: 17 I D : LH~¡ J rQFAX8800 FA~v: : rAGE lC' 'wi Sep 15 '00 11 : 27 P.02 ~I Mœ 2 '" ¡',n.., 'iQI.t.II "-- ~ I HI'- 1<1.' Y t' ax ; ~-~41:1-1 t r'1 01;'00 '00 0'15'7 ¡g l~liRFM3800 ~GI ,RI"": "*'... "'-" lY~t'M .... ....'J ,....... ~ ,aN" III.r P"'-&.""""''' .1.1L..... .tIRDA"" ø."'. - ...." 01' ... y .... .IM. ~.. .....;¡ ......... _ ~IIIV oJ, rr-1. , ° A - r...' .. ~ .-.- ~ .,....... .. .. fI........,...om. ........, ... ........... '..11111.... JÄlIU. ~. .... ........ " ~1InI ... .... '" ...... of .". M'IjØIt. .... Iå\III ~.... II "" ,... ........ ........ ..... .... .......... ....... eN tNI. -- .... ...,..... I) TNt.. ................ ..... . ,.... ~......-.. ... .Â.~ ..,. HII1Rr ........ "-.... ...... _ .......IW.. v...... .... -. It....... -- ....- .....",.............. ...la.ff 1ft 1._ ea' ................. fNdIl.-...... (~f'IIMt .... .. """"'." AI _Lt.. " ........ ..a .......... .. ........ " · .... at .-v ..' ... ...... 1ft .ÄIIIf' ,.".. ........ ........... It .... II .. ~...., ... W\ .. f I 'liT...,."...... _. .,..I.t ~ .,... ~ .. .... N"iM)ØALftL f\. Ntl,WWRt-6' 4C¡ HIGk S"R~~" 100. I' ,,/. EDIÄ£wRRE 1'1 'J!lëS f~ , E,..,,~~~ (;AQ tEa ?t/01 '00 10: 17 ID:LANI :RFAX3800 FAX: rAGE 11 ~ .....,¡ Tn" .1I,,,,,1! II ¡IV'" i" compliance wltn the prOVilion& of SectiOns 2118.Z'J. Floria. Statut... FU~THE~ AFFIANT SAVITH NOT, ""FlANT g¿ 11\': ~I>L <5 !:>A<ht>Cv SWOFlN 10 and aublçrlÞeá ÞefoAl me 'hi. ' 2. dIIy gf S~'"t'\ ~t.,"I . 2000, by (~1.: ..-1VI4ÞE v . SUCh pel'lOn(I). (Notary PUþ\lc muM Cl'ltck applicaÞle bolC): ~... petlOflllly known to m.. I ] PfOduc*d e ourren' drtver IlcenM(I). ( ] produced u identification. !:-1l~tO:- --=- (I'nl'\', Type or StafT'P Neme of Notary Publlo) I.ikri.hta ~lDb"'D' -.m.tèC'. Solici.lor a Notary Public , 100 CowdrlY C"utt .360 Sl:lIIwra"I'" o"ur\n MIS SCI Tel: (" (6) 754-4404 Pal: (4l6) 7~"721O '11/01 '00 10:18 ID:LANIr-°FAX3800 FAX: PAGE. 1': '-' """ I :\ Exhibit "A tt Tract No. FV.tOO-Ot9 AU that part of the South 110 feet of the Nonh 660 f\:eL of Sections 14 and 15, Township 34 South1 Range 40 East, from the Atlantic Ocean on the East to the Indian River on the West, lying West of State Road A-l~A, Sl. Lucie County, Florida; TOGETHER with riparian and littoral rights appertaining thereto, if any. Indian Rlller u¡oon\Kings,atlS Properties. Inc. OIŒ 365, p¡ 2nl H:\data\iJ\dian river taaoon\loo.o19.1¡' October 11. 1999 . ..........., ..,...._J:........ --......._~.'\c...'........:.\~.-:-~...~. ,,~.'.'..,: ".' r):':r;:'.,~-r~~.;·"":J"~\ ' .""",~~._., _______._ \O!t \/:B.. d.._n ..' '.... "'... . - - w en cd: J: a.. c z cd: ..J en - en z w w ::) - >- cd: 3: w ::) ..J r:a z o o ~ cd: ..J a:: w ~ a:: z cd: - c z N L() cr> I'- (""J Ef7 cr> N o (""J N Ef7 CD I'- cr> L() CO ..- Ef7 o o o o (""J Ef7 o o o o o CO CO Ef7 o o o o o CO CO Ef7 L() cr> o cr> ..- o , o o ..- (j) WW 1-- «I- Ot!: (j)W 0.. 00 ' Zt!:U ~o..~ L() L() co N N Ef7 (""J ~ co ..- cr>. N Ef7 o o o o (""J Ef7 o o o o o o o I'- Ef7 o o o o o o o I'- Ef7 co L() N CO N oðN ..- N NO 0' ,0 00 o I'- N -<:t o (""J Ef7 -<:t ~ CO ..- cr>. N Ef7 o o o o (""J Ef7 o ~ o o o o -<:t I'- Ef7 o o o o o o -<:t I'- Ef7 L() ..- (""J cr> N oð-<:t (''"IN NO 0' 10 00 o Z o i= « t!: o 0.. ...,t!: ~O o..U t Q) .g 0 t!: U (j) 0::: (/) w w (IJ (/) >oðl-Èæ Lîj;:::Sõû5 -l ~O 0 2 uwOOI- o N L() L() L() (""J ..- Ef7 N (""J I'- cr> (""J ..- Ef7 o o ..- I'- N. -<:t Ef7 o o o o (""J Ef7 o o o o o. o CD CO Ef7 o o o o o o CD CO (:f7 (""J N CD (""J -<:t L() N o , o o ..- ·I 0::: c w 0 Q) > (/) Q) « 'C û5 ~ ro 2 >II- N I'- ~ M I"- cJi ..... Eß- M ""': o to ..... N Eß- M to I"- to 0'1. ..... ..... Eß- o o o o N.. ..... Eß- o o o o o. CO CO M.. N Eß- o o o o o CO CO M N Eß- ..... ..... 0'1 In ..... ..... to (f) ...J <C I- o I- '-= ~ ....,¡ ITEM NO. C-6A AGENDA REQUEST DATE: September 26,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] SUBMITTED BY(DEPT): ENGINEERING DEPT PRESENTED BY: ~~t·~ Donald B. W st, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approval of Work Authorization Nos. 8, 9, and 10 to the Agreement for Engineering Services with Culpepper & Terpening Inc. for Final Engineering Design Services for the Lennard Road1 (Roadway), Lennard Road2 (Water) and Lennard Road3 (Sewer) MSBU Projects including the Environmental Permitting for the entire Lennard Road Phase II Project. BACKGROUND: In 1990, Culpepper & Terpening began preparing the final engineering design for the proposed Lennard Road Phase II Project which extends from U.S. Highway One (just north of Kitterman Road) south to Walton Road and includes the Prima Vista Boulevard Extension. The project was eventually put on hold and the plans were not completed and permitting for the project was not obtained. On June 6, 2000, the Board created the Lennard Road1, Lennard Road2 and Lennard Road3 MSBU Projects to construct roadway, water and sewer improvements to a portion of the Lennard Road Phase II Project and authorized the County Engineerto proceed with the final engineering, permitting and design of the MSBU Projects. Engineering Staff is proposing to contract with Culpepper & Terpening, Inc. for the final engineering design of the roadway, water and sewer improvements for the MSBU projects, environmental permitting for the entire Lennard Road Phase II and to assist in bidding the project as described in the attached work authorizations, in the amount of $294,870.00. FUNDS AVAIL.: Funds will be made available from the MSBU's $3.0 million Line of Credit with Bank of America. PREVIOUS ACTION: June 6, 2000 - Board created the Lennard Road1, Lennard Road2 and Lennard Road3 MSBU Projects and authorized the Engineer to proceed with engineering, design and permitting the Projects RECOMMENDATION: Staff recommends approval of the attached Work Authorization Nos. 8, 9 and 10 to the Agreement for Engineering Services with Culpepper & Terpening Inc. in the amount of $294,870.00, subject to availability of funds from the MSBU Line of Credit, and authorization for execution by the Chairman of the Board. -c '-" COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: [x]County Attorney ~ ~pv-- (~16i [x]PubIiC Works Dir [x ]Finance msbu\lennard\aga-eng ~ COOrdinatiOn/;;5s ..4'n fjt [x ]Mgt. & Budge I 1/12 [x ]Co. Eng ~\Ñ ' r CONCURRENCE: q~~ Douglas Anderson County Administrator [ ]Purchasing [x]Sr Acct Clerk bPI't'\ ~ ~ "'" IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY FLORIDA ' CASE NO. 99-125 CA-09 FAITH TABERNACLE, INC., Plaintiff, vs. ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, Defendant. / smLEMENT STIPULATION Defendant, ST. LUCIE COUNTY ("County") and Plaintiff, FAITH TABERNACLE OF FT. PIERCE, INC. ("Faith Tabernacle"), stipulate and agree: 1. County shall commence proceedings to abandon St, James Drive along the entire frontage of Faith Tabernacle's property forthwith, such area being highlighted in yellow on the attached sketch. The County Attorney and County Engineer shall recommend that the County Commission approve the road abandonment, In the event said road abandonment is approved, County and Faith Tabernacle agree to settle this litigation on the terms set forth herein. 2. Within 30 days of the road abandonment, County shall convey to Faith Tabernacle by Quit Claim Deed its interest in: a) the said St, James Drive road, depicted in yellow on the attached exhibit (approximately 380' in length x 100' in width); and b) a 60' i '-' "'" wide right-of-way along the southerly boundary of Tract S, depicted in orange on the attached exhibit (approximately 165' in length x 60' in width). 3. Within 30 days of the road abandonment, County shall pay to Faith Tabernacle the total sum of $43,000 in settlement of all claims relating to facts surrounding this litigation, inclusive of all damages, compensation for property interests alleged to have been taken, costs and attorneys' fees. 4. County shall forthwith prepare plans for the construction of a private drive to be constructed over the property to be conveyed to Faith Tabernacle pursuant to paragraph 2 above as depicted in yellow and orange on the attached sketch; such design shall be in accordance with design parameters to be provided by Faith Tabernacle through Pastor James Newton which may include the location of a future sign or belltower; such design parameters shall be transmitted to County within thirty days of the road abandonment. Forthwith upon completion of the plans, County shall process for Faith Tabernacle (as owner and permittee) the necessary driveway connection and construction permits to connect the designed driveway to South 25th Street, but County shall have no responsibility to prepare plans, site plans or permits related to the future sign or belltower, nor shall County have any responsibility or obligation with respect to construction of the private drive. 5. County, if requested by Faith Tabernacle, shall support any request of Faith Tabernacle to maintain an address on" St. James Drive" and to relocate its mailbox to the new St. James Drive/South 25th Street roadway. ¡ '-' ...", 6. This Settlement Stipulation is subject to County Commission approval. EARLE & PA TCHEN, P.A. 1000 Brickel Suite 111 Miami lort FAITH TABERNACLE OF FT. PIERCE, INC. BY: DANIEL S. McINTYRE St. Lucie County Attorney 2300 Virginia Avenue 3rd Floor Admin. Annex Fort Pierce, Florida 34982 (56;?~~ï-1420 Fl0t¿ ~ 5 DANIEL S. McIN RE ESQ. St. Lucie County tt ney '-' ....., ~-106 1766.20 t1Jl2.0 100 ~o .. g .. ó II) .... ......-~-------- --- ./ /~ ~ - , .... '-, a()(}-{J()Ò(}-O/D/9J I ...::L 22.03 Iv:. ~ ,,'; " /" ;' / / ,/ ~ ,..,3.24 175&,20 -"'- ... ...:L '. ~ ....., ......--.. " - --~ ;&7S-15 '162;-91 -~ ~ TR.~T 5 \ .-- 'ß42.0-7/51J()fT -oOO/6} .' "'1.3_99~ \\ .~ .... '. , ", , '"." T RJ.CT "\I' ---'lZ:75--Aë----···------ --- / / ;:; t / / TRACT 'T" 7,85 Ac \ \ _m_¡-------; 429.90 TR/-CT 'U' 4,77 þ,c TAN-T 2 (342fr7/5- 0017-050//) 3.35 Ac .2L 3~1S.99 42.0-7/5-00fT -oID/9} 370.06 ~I ~ _:t... ----_...~_.. = ----------------------------------- -12J1.....4... - CII r Ufo M. 9 16 J15 ----- ----- .--...:..... / / / --- .Ji... ...-/ , " " -'. ',' Z <D ...... V r') I- W lJJ :r: CJ1 W w en 11 '-'- SHEET NUMBER PREP,~RED Fæ ®Ií. ~lUJ~ü~ ~@lUJOOIí)f 9 ~~@!Ri~[D)~ ~ ~/ ~ m~ u ~@ ~ ~~/ /~~~ ~ :xI.£k. ASSESSMENT MAP TIllS IlAP I;4~S SEEN PREPA.'!EO FeR ~E 51. LUCIE COU!ITY PROPEr.T\ "'D~RAISER pu¡¡PGSES I¡¡..LY. AIoD g:JE5 NOT ~'ECE~RILY R£FLECT iN .CT\]AL u¡¡vt=,Y,_l1:!.!:;_g,. ~1JE1~~~~~II}tt.\!Li~)b.~[SER SECTION TOWNSHIP Allii\ IS ,/ '-' .",." AGENDA REQUEST ITEM NO. C-4C DATE: September 26, 2000 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: BACKGROUND: Resolution No. 00-214 Quit Claim Deed On September 6, 2000, the Board of County Commissioners approved the Plat of Sun Shower Subdivision. During the approval process a problem arose regarding the location of the property line in conjunction with both the canal right-of-way and the road right-of-way. Historically, the canal right-of-way was created at a width larger than needed, leaving 10' north of the road right-of-way that was not needed by the North St. Lucie River Water Control District. Please see the attached letter from Edward Becht, Esq. Frank Fee, Esq. has reviewed and approved the attached Quit Claim Deed. FUNDS AVAILABLE: N / A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board accept the Quit Claim Deed from the North St. Lucie River Water Control District, authorize the Chairman to execute Resolution No. 00-214, and instruct staff to record Resolution No. 00-214 and the Quit Claim Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: LX ] [ ] APPROVED OTHER: xx County Attorney: Management & Budget: DENIED 0~( Douglas Anderson County Administrator Review and Approvals (fr xx Originating Dept.: ~ public Safety: public Works: Engineering: Finance: (Check for Copy only, if applicable) Eff. 5/96 G,\ACQ\WP\JOAnn\FORMS\Resolution 00-214 Agenda.wpd ,) '-' JOANNE HOLMAN. CLERK O~ CIRCUIT COURT - SAINT LUCIE COUNTY File Number: 1833422 OR BOOK 1321 PAGE 2822 Recorded:08/21/0Q· 08:23 This instrument prepared by and return to: EDWARD w. BECHT. ESQUIRE Post Office Box 2746 F0I1 Pierce, Florida 34954 CouI1house Box to * Doc ASSUffiP: $ * Doc Tax $ * Int Tax $ 0.00 0.70 0.00 Propel1y Tax I.D. No: ," ~ QUIT CLAIM DEED :t:L. THIS QUIT-CLAIM DEED, executed this ~ '7 day of ,2000, by the NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT, whose post ce address is 2721 South Jenkins Road. Fort Pierce, FL 34981, first party, to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, whose post office address is 2300 Virginia Avenue, Fort Pierce. FL 34982. second party: (Whenever used herein the terms unrst pari)'" and "second party" shall include singular and plural. heirs, legal representatives. and assigns of individuals, and the successors and assigns of corporations, wherever the contexl so admits or rCtluircs.) .' WITNESSETH, that the said first party, for and in consideration of the sum of$10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit- claim unto the said second party forever, all the right. title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel ofland, situate. lying and being in the County of St. Lucie, State of FLORIDA, to-wit: The North 10 feet of the South 74.5 feet of the South Yí of the Southwest 1/4 of the Southeast 1/4, of Section I, Township 35 South, Range 39 East, St. Lucie County, Florida. ., TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the èstate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity. to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said tirst party has signed and sealed these presents the day and year first above written. " Jf{,j STATE OF FLORIDA NORTH ST. LUCIE RIVER WATER CONTROL ::STRI:y, M;V.~1,~<.~b- Board °r~~p~·~iso~~,:.. '-; .,'" <t: Attest: íJ ().;~i ;! 'c ~,1t '/¡"çtt~ Print:û /}.K:.tJ.j~j). ',J)~: ¡()¡;dJc{ t:; .:"~ secJeta~}~::'>.'::,:~:._-, ~::..~:~'.þ~" , . ,j,. .,.... I,·r) "',~ ..:¡': .... ( to \\ff.}":}1 -" COUNTY OF ST. LUCIE . . ,,"(I! ¡'.J .' . '/....., ,', The foregoing instrument was acknowledged before me this .;L 'l~;;'; ,M 2000, by MYRON M. V ARN, JR., President of the Board of Supervisors, and CAROL A. DONAHUE , Secretary, of the North St. Lucie River Water Control District, who are personally known to me or ~ho have produced as identi tication and who did _ or did not':::::' take an oath. Print: t:.'~ ,/ -, >, :?~Ç2/ Print: ~k. H. Fee, III Title: Notary Public My Commission expires: ,. FRANK H. FEE IU Notory Public· State 01 Flo~dO Mf CornrrI$5Ion Expires Feb Q. 2001 Cor1Y'nIasIOO' CC620143 ... ... ~ ( ~ ~. RESOLUTION NO. 00-214 A RESOLUTION ACCEPTING A QUIT CLAIM DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Quit Claim Deed is duly accepted on behalf of St. Lucie County this 26th SEPTEMBER, 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:IACQIWPlJoAnnIFORMSlRe.olution Oo-Zl4.wpd ~ "-' ...,¡ Edward W. Becht, P A. ATTORNEY AT LAW P O. Box 2746 321 South Second Street Fort Pierce, Florida 34954-2746 Telephone: (561) 465-5500 Fax: (561) 465-8909 ',.) rr: fr', fc Lr, r-~-_ II:' . i! ' ~ ' .~ : I ~ .. i . :ir::~ 3 .....'.., _J. ¡ L__,_.__. ; r~RO?ERTY ,~--·::~~-~'I"~-~=-~ "- r-'.v'_o.U.ù;; ~--_.. September 11, 2000 Mr. Don Cole, Manager Property Acquisition St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: North St. Lucie River Water Centrol Oistrict, Deed to St. Lucie County Dear Don: You have asked me for a brief history on the above-referenced deed. As we submitted the JGM SunShower Plat to Staff, and more parUc~jla:'!y as the survey was prepared on it, we discovered that there were problems with the locaticr. cf 1118 ¡::roperty line in conjunction with both the canal right-of-way and the road right-of-way. These problems arose historically, and the deed in your possession corrects what exists on the :;round v¡ith what exis,s of record. Historically, the canal right-of-way was cíea1ed ôt a \¡ljidth tha~ was much larger than what was necessary at the time or what is nS:::8SSJry nO'N. Þ.fter the car.al was constructed, a road came to be used, and was actually deeded to the County, However, the canal right-of-way existed to the north of the road right-of-way ttì3t was (j,"!ëdecJ to 1M County so, on paper, the road right-of-way split the canal right-of-way, On the gri_h.ltid, rile canal nght-úf-~....ay is situated to the south of the road right-of-way, and there was no ne''::~:::,3¡tj ¡'or the D:a:nage District to retain the canal right-of- way north of the canal. I hope this is suff¡cie-rll to explain the necessity, and accuracy, of the deed which we have submitted to the Ccun>; 'It;ry truly yours, PoC25 Edl/\¡ard W Becht EWB/jef ~iJ\~~ f: fJÞ~~ - f ~ '..,.¡ 1 I,ln . 1 -, \ r)-\ Œ ~ r' r ::: ¡ \ . \ 1.-"'--- ,Ii'" 6 I~' 1..- ~~r _~~._~:: .-\ I ~'~O~r.:~7\'·"': 'UîSi: :.:.,¡ I ::-0 T \"";" .. -. __..__~_..:J Edward W. Becht, P A. ATTORNEY AT LAW P O. Box 2746 321 South Second Street Fort Pierce, Florida 34954-2746 Telephone: (561) 465-5500 Fax: (561) 465-8909 '--\'~'(2~----'~,_ - n ~,:7 r?, c:",I','-" \" ~ :~~.! ~~ : ~~: - I-~ ¡ , .' , _....._ ....__ ,"~~ 0'_10_ ".--- ,.' August 31, 2000 ¡ .,. L..:'.,"': : ~:-D 5 2000 . CO"f::I;:~:;iJ \~7-~~~<.~~-~Z~~··:·:- ST. LL:C:~ C~)\..,,;\!TY. .:. Mr. Dennis Murphy, Development Coordinator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34981 Re: SunShower Plat Dear Dennis: Enclosed please find the original, recorded Quit Claim Deed from North St. Lucie River Water Control District to St. Lucie County which was obtained incident to the SunShower Plat. As you may recall, there were some discrepancies in the boundaries between the properties, and I believe that this deed will correct those discrepancies. Please forward the original deed to the department to which it needs to be forwarded. I look forward to the Board approving the Plat on Wednesday, September 6, 2000. If there are any problems with that, please call me immediately. EWB/jef cc: Mr. Joseph G. Miller Mr, James A. Kirby, III H:ICLlENTSIMILLERIPlatSunshower\murphy0831 QO,wpd Very truly yours, Ec9~ Edward W? '--= \ '-'" ...", AGENDA REQUEST ITEM NO. C -5 DA TE: September 26, 2000 REG ULAR [ ] PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control James R, David SUBJECT: Queens Island Acquisition - Phase II - Agreement for Sale for Kingsgate Properties, Inc., a Florida Corporation, BACKGROUND: The Board previously approved the Indian River Lagoon Blueway/Queens Island Acquisition and Ownership Agreement, between the County, the South Florida Water Management District Save Our Rivers program, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Conservation And Recreation Lands program), for the purchase of Queens Island - Phase II. As a result of that Agreement, the South Florida Water Management District commissioned appraisals, surveys, title and other pre-acquisition activities, as Due Diligence for the purchase of Queens Island - Phase II. To-date, the properties of Robert E. Cleaves, IV and Dorothy Goulter as Trustees - Tract Nos 100-023 and 100-024 , and P. M.J, Corporation - Tract Nos 100-021 and 100-022 have been purchased in Phase II. The Board has also previously approved the purchase of Tract No. 100-025 in Phase II, owned by Mr. Harrison H. Weaver, Individually and as Trustee, which is currently in-process. The Board is now being requested to consider approval of an Agreement for Sale for Tract No. 100-019, totaling 10.95 acres, owned by Kingsgate Properties, Inc" a Florida Corporation. The land costs for the Kingsgate property (totaling $88,000.00) are to be shared by the State Conservation And Recreation Lands program (50 %), the USFWS (25 % +/-), and the Saint Lucie County Environmentally Sensitive Lands program (25 % +/-). The pre-acquisition costs will also be shared, as required by the Acquisition and Ownership Agreement, although those costs are yet to be supplied by the South Florida Water Management District. The estimated County ESL program contribution toward the land value is $22,004.00 (which does not include pre-acquisition costs). The total ESL funds expended and committed on the Phase II project total $248,322.35, and represent 10.6 % of the total project costs, to-date. The value for the Kingsgate Tract was based upon the surveyed total buildable upland acres on the property, or 2.57 acres. FUNDS AVAIL.: To be made available in 382-3915-561000-310085 Env Land Cap Fund-Land-Queens Island PREVIOUS ACTION: Board approval of the purchase of six tracts in Phase I & II on October 12, 1999, and one tract in Phase II on September 12, 2000. RECOMMENDA nON: Staff recommends that the Board approve the Agreement for Sale for the following tract; Kingsgate Properties, Inc. a Florida Corporation, Tract No. 100-019 in Phase II, and commit County Environmentally Sensitive Land Funds, estimated at $22,004.00 (+/-) in land costs, as well as, the County percentage share of the pre- acquisition costs (as set forth in the Acquisition and Ownership Agreement). COMMISSION ACTION: CONCUR;=NCE: [xl APPROVED [] DENIED (./ ~, , , [ ] OTHER: ~ '---- Douglas Anderson County Administrator ¿Attorney: &..8figinating Dept. Finance: (Check fOt ~ Review and Approvals - ~nagement & Budget ~ther' & ~tYI ()-e,v Purchasing: Other: Eff. 5/96 ~ "'" AGaIDA DQUKS'r ITEM NO. C-7C DATE: 9/26/00 CONSENT X REGULAR PUBLIC HEARING SUBMITTED BY: BOARD OF COUNTY COMMISSIONERS Communi tv Development/Tourism Division 29 SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: Amendment for the Extension of Eller Media, Inc. Billboard Contract Attached please find a copy of the proposed first amendment to the March 9, 1999 contract between the County and Eller Media, Inc. The contract provides for a one year term subject to extension for additional one year periods. The proposed amendment will extend the term through and including March 8, 2001. When the advertising program was originally approved by the Board on March 25, 1997, it provided for an annual expenditure not to exceed twenty-seven thousand and 00/100 ($27,000) for billboard advertising projects. The proposed amendment will clarify the contract to reflect the amount originally approved by the Board. Funds have been included in the proposed budget for FY 00-01 for this expenditure. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the amendment to the first contract with Eller Media, Inc. to extend the term through and including March 8, 2001, and approving this amendment so that it will clarify the contract to reflect that the advertising project's annual expenditures will not exceed twenty-seven thousand and 00/100 ($27,000) the amount originally approved by the Board. COMMISSION ACTION: CONCURRENCE: [ X ] [ ] APPROVED OTHER: County Attorney: DENIED c;?~ <- Doug Anderson County Administrator Coordination/Sianatures Management & Budget: Purchasing: Originating Dept.: Other: Other: 1'OI1MS\,NaaIJ&Q Finance: (Check for Copy only, if applicable) '/' .... '-' FIRST AMENDMENT TO MARCH '. 1999 CONTRACf "'" TIDS FIRST AMENDMENT. made and entered into this day of .2000, by and between ST. LUCIE COUNTY. a political subdivision oftbe State of Florida, hereinafter refened to as the ·County", and ELLER MEDIA, INC.. or his. its or their sucœssors, executors, administrators. and assigns hereinafter called the ·Contractor" and whose address is: 2890 Harper Road, Melbourne, Florida 32904. WITNESSETH: WHEREAS, on March 9, 1999, the parties entered into a contract regarding billboard advertising projects, hereinafter referred to as the "Contract"; and, WHEREAS, the Contract provided for a one year term, subject to extension for additional one year periods; and, WHEREAS, the parties desire to amend the Contract to extend the term for an additional year on the same terms and conditions; and, WHEREAS, the parties desire to further amend the Contract to reflect the full amount of funds approved for annual billboard advertising projects. N OW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contracras follows: 1. Paragraph 3. TERM is hereby amended to read as follows: 3. TERM The term of this Contract shall begin on March 9, 1999, and shall continue through and including March 8, 2001. The term may be extended for additional one year periods upon t he prior written agreement of the parties. The specific time of performance for each advertising project shall be set out in the work authorizations referenced to in Paragraph 4. 2. Paragraph 4. CONTRACT PAYMENT is hereby amended to read as follows: 4. CONTRACT PAYMENT The total amoWlt of payments to the Contractor performance of this Contract and satisfactory completion of the work shall not to exceed $27,000.00 per year. Payment shall be based upon the costs set forth in the prior approved work authorization and shall made no later than forty five (45) days from the County's -1- "-' '-" "'" receipt IDd IppI'OvaI of ID invoice from the ContrlCtOr. 3. All other terms IDd CODditions of the ContrICt sball remain in Ñ11 force IDd effect. IN WITNESS WHEREOF. tbe parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated on the day and year first above written. A ITEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: BY: NAME: TITLE: Ç>~\.~ ~, c:\acreemDt\la-eller.media. wdp -2- "...' r- 1 I '-' AGIIIDA UCMmaIf 'wi ITac .0. ,~ \ . I ,. / DAT!: Karch 25, 1997 REGUT...AR [ X ] PUBLIC BJWU)IG [ ] COøS!1IT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DIPT): Lei.ure Servic.. Jack Douahnev SUBJECT: Advertisina Proaram for Glades Road Landfill Billboards and Utilization of Advertiaina Credits BACKGROUND: See attached memos FUNDS AVAIL. (State type' No. of transaction 2t N/A): N/A PREVIOUS ACTION: On October 22, 1996 the Board approved the lease agreement wi th POA Acquisition Corporation, and on January 7, 1997 Board approveè Budget Resolution 97-05 appropriating $70,000. from the Glades Road Landfill Billboard Lease Agreement with POA Acquisition Corporation. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Glades Road Landfill advertising program and utilization of advertising credits. COMMISSION ACTION: [ ..( APPROVED [ [ ] OTHER: COR B: ] DENIED - /"-- derson Administrator CoaDcy Attoaa.y: ...low ..d A~'l' Ht'C. . "'1:: ~~: Ot:a.-: OdgiAAt.1Ag Ð.pl:. ot:Jae&": ......_, (""~"""J I.. ........... \ l - - ~. ST. LUCIE COUNTY BI~ LOCATED AT THE GLADBS ROAD LAlDFILL Universal Outdoor, Inc., (foraerly POA OUtdoor AdYertiaing) vill build aeven (7) signs adjacent to 1-95 and the Florida ~rnpike on the Glade. Road Landfill. Suggested coapletion date is early May, 1997. Two (2) of the billboards out of the .even (7) vill be conatructed for and owned by St. Lucie County. The r...iniDg five (5) vill be .-naged and maintained by Universal. Univer.al will pay the County a yearly rental fee of $70,OOD for the above billboards. From the $70,000 revenue, approxiaately 63' or $44,000 vill be u.ed for advertising programs and operating cost of the County's tvo (2) billboards that will have (4) illuminated face.. One of the goals of this billboard proqraa i. to offer local DOD profit organizations an economical opportunity to adve~i.e and pr~te Dot only St. Lucie County, but their upcoming event to the approximately 45,000 cars traveling daily on 1-95 and the Turnpike. Hopefully this effort would generate additional touri.m revenue· into the County. This economical approach to billboard advertising would be the utilization of vinyl sign coverings on the boards. For a nominal fee an organization could purchase a vinyl, supply camera ready art vork promoting their tourist related activity, festival, or special event. This short term advertising program would allow each organization to advertise on a billboard for a maximum of four (4) weeks per event. For those organizations that have yearly events the same vinyl can be used year after year with only a date change charge. Universal will store each vinyl and wash.and clean it before it goes up again. Examples of Various Vinvl Advertisers _ St. Lucie County Historical Museum - UDT/Seal Museum _ Manatee Observation Center Opened Mid November to April 1st _ Heathcote Botanical Gardens ~ Backus Art Festival - Cattlemen's Activities - New York Mets spring Training Home Games at Thomas J. White Stadium - IRCC Planetarium - St. Lucie County Pair Association' _ Promoters holding Civic Center events - St. Lucie County Rodeo Association - Harbor Branch _ Golf courses holding local Pro/Am Charitable Tournaments The four (4) stationary faces of the billboards will be permanently painted with destination oriented messages. The reasoning behind this would be to enable St. Lucie County to showcase and promote various !isi~~r _~~e ------ amenities to the large number of traveling public when v~nyl cover~ngs are not being utilized. 0 0 ,-,. ~ . \; I 0 0 II 0 0 =' , c 0 M II ,.... > Cb II CI) ø: fo4 ~ 8 o ø:1 Q ~ ø:1 ~ ~ .... ø:1 ~ ..:I .... ~ Q ~ Q IIC o ~ en Þ1 ~ ~ · II · C · ø. )( ~ GJ GJ ra.. ..... ., ~ C GI ø:: -a M ca o .a ..... ..... .,.-4 = >. ..... M ., GJ >. .. . GJ =' C II > II ø: . o C M >t ...., ...e o =' 00 -au ~ ::SGJ o ..-4 U .....:3 .,~ . 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Þ4 t7I C o c"OO ......-4 C W '0 III "0 111·004 c...e..:l> GJII:3 c e........~ II II III .cø...+J· +I OC· GI~Q)C +I.t: &GJ CI+lCCW ....0'0 , 0 .. ....... \Q +J O\...c...c 0\ 1II>..c 0\"0 CU .-41).~ ... II Q) , ....... >t .t: N GJ C .... E-4 .-4~OC .&:3.... ...e 00 ...IIU .Q.... . &+JIIGJC GI .c.co U GJ +J .... ..-4 C) .Q +I Q GJOIO "C..,....W C....., C) o ='........ 0. O"'CO e)Q,tIS o O::SGl ..........c: +J G) Q,... +I U :3 o.::s III C 10 Q,'O II C e>"O'tS::s OllwII.... ...c ... 10 w . 0·... 0 ..ø:1::S+l ..... 0' & II GI U C &U..cClaJ o )4,4J _ _ -C:i UII In 10 +I'tS wGlIOC"ti II .t: .t:·1II t: ø.+I+I....ct .. e o .... .... tG .... w Q, o ... Q, ~ ...- ... :3 +J :3 ra. ,............ '-". """'" AGENDA REQUEST ITEMNO.t--'7D DATE: September 26, 2000 CONSENT [ X] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] SUBMITTED BY: Community Development )\01 \~CÀ.-o6uù^JcLl TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request authorization to move forward with the purchase of the 12.32 acre parcel within the North Fork ofthe St. Lucie River CARL/SOR project from the Atlantic Gulf Communities Corp. BACKGROUND: The NFSLR is a priority acquisition project of the County's Environmentally Significant Land Acquisition Program. The proposed 12.32-acre Atlantic Gulf Communities (AGC) parcel is within the North Fork of the St. Lucie River (NFSLR) Conservation and Recreational Lands (CARL) and Save Our Rivers (SOR) program boundaries. The subject parcel is part of 160.01 acres within the City of Port St. Lucie AGC is selling. The subject 12.32 acre parcel is actively being marketed and in danger of being lost if public acquisition is not pursued. AGC has requested all offers to purchase be received by September 30,2000 and that closing take place by November 30, 2000. The assessed value of the property is $29,100. FUNDS AVAILABLE: Funding is available in the ESL bond fund (382-3915-599330-300). PREVIOUS ACTION: The Board approved the Multi-Party Agreement on February 10, 1998. The Board approved the CARL NFSLR boundary modification on November 23, 1999. RECOMMENDATION: Authorize the County Attorney's office to move forward with negotiations to purchase the 12.32 acre parcel and seek reimbursement from the State of Florida Conservation and Recreational Lands. COMMISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: CONCURRENCE: r;?~ Douglas M. Anderson County Administrator County Attorney: ~ Review and ApDTovals Management & Budget: Purchasing: other:?¿, ~ ~ ~ ,)6/1u. Originating Department: Other: Finance: (Check for Copy only. if applicable) ~. 0- .. .¡¡; \w' .....", COUNTY COMMISSION REVIEW: September 26, 2000 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: September 20,2000 Subject: Request for authorization to move forward with negotiations to purchase a 12.32 acre parcel within the North Fork of the St. Lucie River CARL/SOR project boundary from the Atlantic Gulf Communities Corp. The North Fork of the St. Lucie River (NFSLR) project is a high priority project approved by the Board of County Commissioners. Prior to the 1994 ESL bond referendum, the NFSLR project was one of two projects put before the voters as those that would be funded and protected through the approval of the bond referendum. The NFSLR project boundary now includes 2,984 acres of which, approximately 1,575 acres have been acquired. Another 400 acres along the rivers' corridor are owned by various public and semi-public entities. We recently received notification that Atlantic Gulf Communities is selling 160.01 acres within St. Lucie County, including the subject 12.32 acre parcel along the NFSLR corridor. AGC has requested that all offers to purchase be received by September 30,2000 and that closings take place by November 30,2000. The St. Lucie County Property Appraisers tax assessed value is $29,100. There are no improvements on the site or roadway access to the parcel. The subject parcel is located on the west side of the NFSLR waterway and approximately 1/4 mile south of the Environmental Learning Center. Lands to the west of the parcel are designated a Wetland Preserve as part of the River Place Planned Unit Development. The AGC parcel consists of Hydric Hammock and Forested Floodplain plant communities, portions of an oxbow and creek also run through the property. Public ownership would further efforts to protect, manage and restore the NFSLR corridor. The 12.32 acre AGC parcel is within the North Fork of the St. Lucie CARL boundary and is expected to be managed as part of the NFSLR Aquatic and Buffer Preserve. Because of the time constraints placed on the acquisition by the property owner, staff requests authorization to move forward to acquire the property within the time frames required and seek reimbursement from the Department of Environmental Protection following the .. ;; \..I "wtJÌ September 20,2000 Page 2 Subject: North Fork of the St. Lucie River AGC Parcel purchase of the parcel. Under our agreement with the Department of Environmental Protection, the CARL program would provide 50% funding for the purchase of the project and manage the subject lands. As you may recall the South Florida Water Management District notified the County that funds are not currently available to provide 30% SOR funding for the project. Therefore the County's share would be 50% if the Department agreed to reimbursement for the purchase. Staff recommends the Board authorize the County Attorney's office to move forward with negotiations to purchase the 12.32 acre AGC parcel and seek reimbursement from the State of Florida Conservation and Recreational Lands fund. cc: County Administrator Acquisition Manager Acquisition Agent Press/Public North Fork of the St cie River Project location Public lands Approved for acquisition Proposed for acquisition Conservation easement SœIe: l' - 3100' ~ '-" ~ AGENDA REOUEST ITEM NO. UE DATE: September 26, 2000 SUBMITTED BY: Community Development CONSENT [ X] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] PRESENTED BY: ·~cLL TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request authorization to move forward with the purchase of the II-acre Lepore parcel which is located within the North Fork of the St. Lucie River CARL/SOR project (Map Attached). BACKGROUND: The NFSLR is a priority acquisition project of the County's Environmentally Significant Land Acquisition Program. Under a multiparty agreement the costs to purchase lands within the NFSLR CARL/SOR boundary are to be shared between the State of Florida Conservation and Recreational Lands (CARL) and the Save Our Rivers (CARL) programs. In June 2000, the County received notification from the South Florida Water Management District (District) that SOR funds were not available for the purchase of lands along the NFSLR at this time. Prior to this notification, District staff authorized County staff to move forward with the acquisition process on twelve parcels within the NFSLR CARL/SOR project and County staff ultimately received appraisals for the twelve parcels (Map Attached). The proposed II-acre Lepore parcel is actively being marketed and in danger of being lost to development if public acquisition is not pursued. FUNDS AVAILABLE: Funding is available in the ESL bond fund (382-3915-599330-300). PREVIOUS ACTION: The Board approved the Multi-Party Agreement on February 10, 1998. The Board approved the CARL NFSLR boundary modification on November 23, 1999. RECOMMENDATION: Authorize the County Attorney's office to move forward with negotiations to purchase the Lepore parcel and seek reimbursement from the State of Florida Conservation and Recreational Lands and the South Florida Water Management District Save Our Rivers programs. COMMISSION ACTION: fx] APPROVED [] DENIED [ ] OTHER: CONCURRENCE: (/~<- Douglas M. Anderson County Administrator )I County Attorney: ;1</ Review and ADDfOVals Management & Budget: purchasinr Other: J. fls VIl( S~.fRI..I, l,¿ Originating Department: Other: Finance: (Check for Copy only. if applicable) n" '-" ...."" COUNTY COMMISSION REVIEW: september 26, 2000 DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORAi'\IDUM DATE: Board of County co~~ssioners ~ Jody Bonet, Grants Wri ter :t'~ September 21, 2000 Authorize the submittal of two grant applications to the Department of Community Affairs Florida Coastal Management Program and authorize the County Administrator to sign the applications. October 2, 2000 is the application deadline for submitting applications to the Coastal Management Program. The South Causeway Island grant application will be for $30,000 to assist with the construction of £ive picnic pavilions on the eastern end of the park. Leisure Services has identified that there is $30,000 in the South Causeway Island budget .to cover the required 50/50 match. The second grant application will be for a Community Stewardship Beach Clean-up Project for the Frederick Douglas Beach Park. Although this project will not require a significant amount of funds, the specific project cost will be determined with DCA staff once notice of the award occurs in 2001. community Development with coordination of the Tourist DevelopmenfSouncil promotes this beach to St. Lucie County visitors. In many cases, the beach's appearance could be approved and this grant will assist in organizing a community adopt-a-beach program that will assist in cleaning the beach. Due to the on-going and planned work at Frederick Douglas Park, funds have already been allocated for improvements that can be used as a match. In the 1999-2000 grant cycle, The BOCC received $100,000 from the DCA Coastal Management Program to build dune crossovers at Blind Creek and Ocean Bay Beach Parks. If funds are awarded in this grant cycle, the projects would begin in July 2001. TO: FROM: SUBJECT: '-" 'wtfì COUNTY COMMISSION REVIEW: September 26, 2000 MEMORANDUM DEP ARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: September 20,2000 Subject: Request for authorization to move forward with negotiations to purchase the 11-acre Lepore parcel which is located within the North Fork of the St. Lucie River CARLlSOR project boundary. The North Fork of the St. Lucie River project is a high priority project approved by the Board of County Commissioners prior to the 1994 ESL bond referendum, one of two projects put before the voters as those that would be funded and protected through the approval ofthe bond referendum. The NFSLR project boundary now includes 2,984 acres of which, approximately 1,575 acres have been acquired. Another 400 acres along the rivers' corridor are owned by various public and semi-public entities. In 1998, the County, the South Florida Water Management District (District) and the State of Florida Conservation and Recreational Lands (CARL) program entered into a Multi-Party Acquisition Agreement (MOU) to purchase the North Fork of the St. Lucie River project lands. In the agreement, the CARL program agreed to cover 50% of the project cost, the South Florida Water Management District agreed to 30%, and the County committed to covering 20% of the project costs. However, under the terms of the agreement, the commitment of funding is contingent on the availability of funds. Based upon our agreement with the District, County staff ordered appraisals and title commitments on twelve parcels within the NFSLR project boundary. Upon notifying District real estate staff that we were prepared to submit these items to the District for their review, we were informed that funding was not available for the NFSLR SOR project. The appraised value of all twelve parcels is $2,148,000. According to the agreement between the District, State, and St. Lucie County, the District share is 30% or approximately $600,000. One of these parcels, the 11-acre Lepore parcel, is actively being marketed and in danger of being lost to development. The asking price for the parcel is $165,000. Staff would like to proceed with acquisition of this 11-acre parcel while reimbursement is worked out with the District and the Department. The Lepore parcel is within the SOR and CARL project ~ ...."" September 20,2000 Page 2 Subject: North Fork of the St. Lucie River Lepore Parcel boundary and would not increase the County funding approved within the MOU, which commits funding from the three partners totaling $14 million; with up to $7 million to be provided by DEP, $2.8 million provided by St. Lucie County. To date the County has expended $1,010,648 on the NFSLR project. The Lepore parcel is located on the south side of the Radkey parcel which the County recently acquired to develop a storm water treatment pond. The Lepore parcel contains Hydric Hammock, Floodplain Forest and Pine Flatwood natural communities. The federally endangered Hand Fern and Threatened Butterfly Orchid were identified within the Hydric Hammock areas of the parcel. The Lepore parcel also includes approximately 1.5 acres of non-native bahia grass with scattered mature live oaks along S. 25th Street. This portion of the parcel could be considered surplus and sold at a later date. The Environmental Land Acquisition Committee has visited the site and ranked the Lepore parcel as an "An site, indicating that the parcel meets the ESL program criteria. Public uses of the site are expected to be limited to nature trails, which could be connected to the adjacent County owned parcel. If CARL program funds are received for the purchase of the parcel, the site would be managed by DEP as part of the NFSLR Buffer Preserve. Staff recommends the Board authorize the County Attorney's office to move forward with the negotiations to purchase the 11-acre Lepore parcel and seek reimbursement from the State of Florida Conservation and Recreational Lands and the South Florida Water Management District Save Our Rivers program. cc: County Administrator Acquisition Manger Acquisition Agent Press/Public _____ Z l.- Q) ~ ~ .> ë l.- II.: ~ ~ ~ 0 Q) št J U- ..c Q) ~ n ..¡....J S c; 1 -c 0 !¡.. ..c t..¡.- o c; m ~ J ..m ..¡....J 0 :::J 2i! a. l.- .9 0 Q) 0 .....J ~ :õ 0.. ø f c; ::J e 0 Z 1:J a.. a.. 0 ..¡....J C Q) (/) ~ ~ eAr¡ esuu . . . \ \ " " '" I '; '[ I ",.~, I",,~~., -';:;:c-,-. \ 'n',""'> : « en :J ~ :t: 0, I /'-'-..) 11?~ ~"-o¿,/l~:f \::::.....1 ¡, \ Parcel Key 1. 3404-211-o001-o0Q/4' 2. 3403-502-0086-0000 3. 3403-502-o09S-00OS 4. 3404-312-o001-o0Q/4 5. 3403-502-010a-oOQ/4 6. 3403-502-o222-00(}9 ..... North Fork of the St. Lucie River Legend ~ AppI8I8ed 4 100 . f'IbIc land D Proposed for ¡uchase . c:oo-vaöon MØnent ~~~t .... ...... Nt" _ N =::..-.::.-='..:........::=~.. -,.-......... .-................ ....r _ fJIO' : -1-----.1 ~ ~_._.--~:~1 05[:=='::; -g I~"''''''''W'' !:,""-~""~" ml ..0 7. 3403-502-o215-00CYl 8. 3403-502-0235-0000 9. 3409-344-0001-0101 10. 3403-502-0238-00Q/4 11. 3416-112-0007-0000 12. 3403-502-0236-0000 '\ ~ENDA REQUEST '-fTEM NO. C-~ DATE: Sept. 26, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY/911 JACK T. SOUTHARD SUBJECT: Renewal on Maintenance Agreement with Dictaphone for FY 00-01 BACKGROUND: Maintenance contract for 24hrs a day 7 days a week on Master Tape Recorders and instant playback recorders ..located inside the 911 Central Communication Center. State Contract Number 725-630-99-1. Contract amount is $18,458.00 FUNDS AVAILABLE: 107-2121-546000-211 Equipment Maintenance account out of E-911 fund RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the renewal of the Dictaphone Agreement from 10-01-00 through 9-30-01 and authorize the Chair.man to sign agreement. COMMISSION ACTION: CONCURRENCE: [ x] [ ] APPROVED OTHER: [ ] DENIED </?~<- Douglas Anderson County Administrator County Attorney: Review and AÐ1!rt)j,lBê,¡_ Management & Budget m Purchasing: ~ Originating Dept: Other other: Finance: r Copy only, If applicable) _____ Eff. 5/96 ,~r ~ '-' "'" Dictap.hone 5367 Hiatus Rd Sunrise, FL 33351 Assured Performance Plan August 24, 2000 Customer Account #: Contract Effective Date: Contract Coverage: Bill Period: 203934500002 10/01/00 Extended Hours 24X7 Monday - Sunday 10/01/00 through 09/30/01 (12 months) QT'l MØDEL 10 5915 DIGITAL CALLCHECKS 023670,023675,023676,023696, 6620.00 023697,023698,023714,039120 10 183000 CONTROL CONSOLE 000010 105.00 1050.00 3 5917 DIGITAL CALLCHECKS 227201,227202,227203 776.00 2328.00 1 9202 LOGGING RECORDER 316216 3974.00 3974.00 1 9600 REPRODUCER 340158 2129.00 2129.00 1 183926 BACKUP POWER SUPPLY 000001 395.00 395.00 2 422692 RERECORD PANEL 000002 142.00 284.00 DISCOUNT 15% -2517.00 24 X 7 COVERAGE 4195.00 TOTAL $18,458.00 Customer signature Title Eauipment Location Address: St Lucie County Public Saftey 911 101 N. Rock Rd. Ft. Pierce, Florida 34945 ß/61r/tJO Dati ' J2~~1!.~~¿@ Tel: 888-483-6266 Bill To Address: St Lucie County Public Saftey Finance Dept 2300 Virginia Ave Ft. Pierce, Florida 34982 Date r J , , - , . '-' ""'" Dictap.hone Tenns For Assured Performance Plan OPTION I _ STANDARD COVERAGE (8am To 5prn, Monday through Fñday) 1. For a period not to exceed five (5) years from the date of original sale, Dictaphone Corporation ("Seller") will maintain, for the original purchaser, the equipment covered hereby in an efficient operating condition, including shop repairs or overhauls if deemed necessary by Seller in accordance with and subject to the limitations of the terms of the APP option (lor II) selected by the Purchaser as indicated on the face hereof. Service is on a year-to-year basis at the prevailing maintenance rate each year; provided that the equipment is placed under this agreement within one year form date of original sale, and the agreement is continued in force without lapse. During said five (5) year period, used equipment or equipment which has not been continuously covered under this plan shall be eligible for coverage if Seller determines after inspection that the equipment is in good operating condition. If the equipment is not in such condition, the customer will be charged a separate charge for necessary overhauling or rebuilding of such equipment. Equipment more than five (5) years old may be included at the discretion of Seller. 2. All necessary replacement parts will be furnished without charge except when replacement is required because of fire, flood or other case fluctuations, or use of recording media, disks, platens, ribbons, printwheels or other consumables other than type recommended by Seller are used. The labor cost for repair or replacement of record or reproduce head assemblies associated with multi-channel recording and reproducing equipment is covered by this agreement. Parts for repair or replacement of record or reproduce head assemblies will be billed at current list prices. 3 No charges will be made for necessary service calls during normal working hours, except when caused by fire, flood or other casualty, accident, abuse, power line fluctuations, or use of recording media, disks, ribbons, platens, printwheels or other consumables other than type recommended by Seller are used. Seller shall not be obligated to provide service outside of normal working hours unless Purchaser has selected Option II. Service calls after normal working hours will be charged at Seller's standard hourly overtime rates. Normal working hours are defined as: 8AM (0800 hours) to 5PM (1700 hours), Monday through Friday, excluding holidays, 4. On applicable systems, software support, maintenance upgrades, and replacement of existing software during normal working hours is included. Twenty-four hour diagnostic monitoring via Service Our System (SOS) call response feature is included. On-site response to after-hours SOS calls for Option I will be during normal working hours of the next working day" Supplies such as expendable batteries, recording media, disks, printwheels, ribbons, platenš or other consumables are not included under this agreement. Accessories not listed on the face hereof are not included under this agreement. 5. 6, The Assured Performance Plan rates to be charged are subject to change if equipment is moved as indicated by a change in the zone shown on the face of this agreement. 7. This agreement is for one year. and will automatically be renewed each year until expiration of the appropriate five year period unle s cancelled by either party upon thirty days prior written notice. Invoices will be rendered yearly in advance, at the rate established by Seller the time and are payable . . Converting between options will be effective at the annual renewal date. Earlier conversion is, discretion of Seller. This agreement may be assigned with prior written consent of Seller. l. within 30 days Machines operative in excess of ten hours per working day may be subject to a higher annual rate. 8. 9, Additional Dictaphone equipment purchased by you from Seller is automatically added to this agreement under the APP option previously selected unless otherwise specified at the time of purchase. This agreement will be terminated automatically with respect to equipment traded in for new Dictaphone equipment. 10. This agreement is subject to approval by Seller, and may be cancelled by Seller if recording media, disks, ribbons, platens, accessories, attachments or other consumables other than type recommended by Seller are used, or if unauthorized modifications are made to the equipment. OPTION 11- AFTER-HOURS COVERAGE ( 5pm To 8am, Monday through Sunday) Option II expands, Option I standard coverage for qualified equipment to include: 1) Response to emergency service calls 24 hours a day, seven days a week, including holidays. An emergency service call is defined as: an equipment failure causing a complete system shutdown or partial shutdown that would cause the system to operate in a degraded mode which would not allow access to the system for record and inquiry purposes. NOTE: Failure of individual stations or their associated accessories and general maintenance are not considered an emergency. After- hours response to these types of calls will be charged at Seller's standard hourly rates. After hours is defined as weekdays after 5PM (1700 hours) and before 8AM (0800 hours), and weekends and holidays. 2) After-hours replacement of software revisions intended to correct software "bugs" so as not to interfere with Purchaser's daily routine 3) Loan equipment will be provided in the event of a complete system shutdown for an extended period due to fire, flood or other events considered an "act of God". The loan equipment may consist of desktop or small systems cassette machines that will allow the Purchaser limited voice processing ability. '-" ....., AGENDA REQUEST ITEM NO. C-9-A ~ DATE: September26, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid waiver and sole source declaration for the repair and purchase of parts for certain County Equipment . BACKGROUND: See attached. FUNDS AVAIL.: N/A PREVIOUS ACTION: November 21, 1995 BOCC approved bid waiver and sole source October 8, 1996 BOCC approved bid waiver and sole source October 7, 1997 BOCC approved bid waiver and sole source October 13, 1998 BOCC approved bid waiver and sole source October 12, 1999 BOCC approved bid waiver and sole source RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the repair and parts for Caterpillar to Kelly Tractor and for Rex and Volvo to L. B. Smith COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: Q~~ Doug Anderson County Administrator County Attorney:(X) ~~// Coordination/Sianatures Mgt. & Budget: Other: Purchasing Mgr.:(X) c..9 Other: Originating Dept: Finance: (Check for Copy only, if Applicable) Eft. 1/97 G:\COMMON\AGENDAS\WAIVERS\Kelly and LB Smith repair waiver.wpd '-" -...""ì . ,_.... .-,--. . - ....,'. PUBLIC WORKS~- D~PA~fMENT SOLID WASTE DIVISION MEMORANDUM 00-181 FROM: Charlie Bicht, Purchasing Director Leo J. Cordeiro, Solid Waste Manager e TO: DATE: September 14, 2000 RE: L.B. Smith/Kelly Tractor Please request the Board of County Commissioners approve the bid waiver and sole source declaration for Kelly Tractor and L.B. Smith again this fiscal year (00-01). We had Board approval last fiscal year (99-00, attached). LJC/am Attachment '-' ....,; AGENDA REQUEST ITEM NO. C-10-A . DATE: October 12, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO:- BOARD OF COUNTY COMMISSIONERS SUBMITTED SY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Bid waiver and sole source declaration for the repair and purchase of parts for certain County Equipment BACKGROUND: See attached. FUNDS AVAIL.: N/A PREVIOUS ACTION: November' 21, 1995 SOCC approved bid waiver and sole source October 8, 1996 BOCC approved bid waiver and sole source October 7, 1997 SOCC approved bid waiver and sole source October 13,1999 BOCC approved bid waiver and sole source ~1) \.0 -'"!..., :-I \.D C CJ -:... r- C'") .-"'":.7 (") t:: -i --~'- _..a-.-~ C') ::''=-G f"71 w (,1") ~ - ("") """0 z< b ::::: C'"J r--;: ç:: N DC ,.".. - .. r -1 N v -< ... ---' RECOMMENDATION: Staff recommends approval of the bid waiver and sole source declaration for the repair and parts, for Caterpillar to Kelly Tractor and for Rex and Volvo to L. B. Smith COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: NCE: D 9 nderson County Administrator County Attomey:(X) Originating Dept Finance: (Check for Copy only, if Applicable) ¡)l! Coordination/Sianatures Mgl & BUdge\:11AcJ) Other: purchasing Mgr.:(X) Other. c/?, Eff. 1/97 l. \ \ U.'f.:rn\ ""'''''''1T''Iftð\I\J''-T''~C!\V"....,,~.. ~"... T.'R Q'..."....h ........,,{.... t.IS;u.'" wn'" '-' "'wI1Í ~ DIVISION OF SOLID WASTE MEMORANDUM 99-220 ,"b~'b"ò__~-~~~----Y = ~ ='~="=«'_',"'7'^"""'0>'=_'=Z_.;7'Ä"''''~Z.''''''·'~'''~''''''''''=''~>'"'.»~'''=.=...., ... <I^-~~----'-"""''"'''''''''''"'<'' RE: L.B. SmithlKelly Tractor c;;, \0 ~"t :-! \0 CI) , - - .' (7"J .....:..' i-- ì:7 (') -- - ~~~ (") N - \.0 r-:-¡ ~;'r~ ("") " -... -- a :x -. - <.- C' is> G)~ -... J-'" ~ -- -,,'- -; N. ;-:--": -< -.-. I::) DATE: Charlie Bicht, Purchasing Manager Leo J. Cordeiro, Solid Waste Manager e September 28, 1999 TO: FROM: Please request the Board of County Commissioners approve the bid waiver and sole source declaration for Kelly Tractor and L.B. Smith again this fiscal year (99-00): We had Board approval last fiscal year (98-99), (see attached). LJC/am Attachment ~. \ \ 0~/28/99 14:02 FAX t 621294 "-' ST LUCIE COUNTY ..... ~Ol ITEM NO. c.... ~tT DATE: October 13,1998 AGENDA REQUEST SUBMlrTED BY (DEPT): SOUD WASTE DIVISION REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X ) Ptu l~:Jf Chanes Blcht PurchasIng Manager TO: BOARD OF COUNlY COMMISSIONERS :;UBJECT: Bid waiver and sole source declaration for the repair and purchase of parts of certain county oquipment. BACKGROUND: See attached. fUNDS AVAI~BlE: N/A .' \...., (.j PRFVlOUS ACTION: November 21. 1995 BOCC approved bid waiver and sole source. Octobor 8, 1996 SOCC approved bid waiver and sole source. October 7. 1997 BOCC approved bid waiver and sole source. r"'") .;") --I . . '. '.. ~~. . - . RECOMMENDATION: ~J Staff recommends approval of the bid waiver and sole source declaration for the repair altCf parts for Caterplllar'to Kelly Tractor and for Volvo to LB. Smith. . c:1 COMMISSION ACTION: ¿PPROVED a DENIED o OTHER: Review and Approvals County Attomey: ~ Management..d Budget: Othor: (1IIndßII} ~ Purchasing: ~ Other: Originating D.pt:.ßIb. Wh.) Finance: Check for copy only, If applicable: , 09/'28/99 14:02 F~' 5~' ~1294 \.,.; ST LUCIE COUNTY III 02 ..."", DIVISION OF SOLID WASTE MEMORANDUM 98-229 i -.. -=- - I FROM: DATE: RE: Charlie Blcht, Purchasing Manager Leo J. Cordeiro, Solid Waste Manager~ October 6, 1998 L.B. Smith/Kelly Tractor TO: Chanle, please request the Board of County Commissioners approve the bid waiver and sole source declaration for Kelly Tractor and L.B. Smith again this fiscal year (98-99). We have had Board approval for the last three flscal years (95-96,96-97 & 97-98). LJC:dls ~.. \ , " \ ~9i28/~9 14:02 FAX 5~21294 .~_ JO/~2/8T U:18 FA! 140 )2 1281 " . ~o:¡ ST LUCIE COUNTY -- ST LUeIR CIrI2 ItJOl . .. ~GENQA REDUES'( ITEM NO. C-3:-,.:., OA TE: Odober 7, 1997 REGULAR I ] PUBLIC HEARING [ 1 CONSENT (XX] TO: BOARD OF COUNlY COMMISSIONERS PR.ESENTED BY: SUBMITTED BY(OEPT): PURCHASING SUBJECT: . Bid waiver and lole source declaration for the réøair and purchase of parte for certain CDtnty Equipment; . . t~ ~J :-. 0 ,- ~: c: ( . I': <=.I CHARLES BICHT BACKGROUND: Se. Ittøched. FUNDS AVAIl..: N/A PREVJOUS ACTION: November 21, 1995 BOCC appl'Ovød bid waiver slid sole source October B, 1996 BOCC approved bid walv.. and sol. source ~; -, I,· ~ .: i:;ï . . o ." ...., * RECOMMENDATIQ~: Stlrr recommondl Ippr0Y8l or the bid waiver and IOle laUrel declaration for lhe repaIr and part. for C.t.rplll~r ta KDIIy Tractor end for Rex end Volvo lo L B. Smith , COMMISIION ACTION: [~PPROVED [] DENIED [ ] OTHER: z~ County Administrator CO\Intr AlamIf:{XI t9r . 0ritIn6I 0epI: 'NMIi! þetIc,.. Cen "'tt. r Ap~ CQpr41a.tlDa/.llaak.~, UIII·&~ 0U\Ir. rÞ . ," ... .. ~ .......~ 0IIIw: ~1l1S1 I' \1CJ\AdlllDU\.UYlU\CU-II....,..&bd . i i í ., ...., "Wf'I AGENDA REQUEST ITEM NO. C-9-B DATE: September 26,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of Bid #00-093 Remodel ADA Bathrooms at Lawnwood Complex BACKGROUND: On September 13, 2000 bids were opened for the remodeling of the bathrooms at Lawnwood Complex for ADA requirements. Eighty one vendors were notified, ten sets of bid documents were distributed and two bids were received. The low bidder is Chuck Enns Construction Co. Inc. in the amount of #31 ,950.00. FUNDS AVAIL.: 316-1930-546200-75004 Capital improvements-Lawnwood complex Budget $60,000 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #00-093 Remodel ADA bathrooms at Lawnwood Complex to the low bidder Chuck Enns Construction CO. Inc. in the amount of $35,950.00 and authorize the chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: þc] APPROVED [] DENIED [ ] OTHER: Çl~,-- Doug Anderson County Administrator County Attomey:(X) (/~~ Coordination/Siqnatures Mgt. & BUdget:(~./~:5iiP-1r¡/!OJ Other: Purchasing Mgr.:(X) Other: cß Originating Dept: Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 G:\COMMON\AGENDAS\BIDS\2000-093 award.wpd '-" "'" MEMORANDUM CENTRAL SERVICES TO: Charles Bicht, Director, Purchasing FROM: Roger Shinn, Acting Manager., Central Services DATE: September 19, 2000 SUBJECT: Remodel ADA Bathrooms at Lawnwood Complex - Bid #00-093 ---------------------------------------------- ---- Staff recommends the subject bid be awarded to the low bidder: Chuck Enns construction Co., Inc. for the following: Remodel ADA bathrooms at Lawnwood Complex in the amount of: Bid............................. . $ 31,950.00 Funds available........................................... 316-1930-546200-75004 Upgrade to ADA bathrooms - Lawnwood Complex Budgeted amo un t. ...... .................... ..............$60,000. 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LUCIE COUNTY PURCHASING DEPARTMENT ADDENDUM 1 . . BIO# 00-093 Remodel ADA Bathrooms at Lawnwood Complex TO ALL PROSPECTIVE BIDDERS: This letter will serve as notification for an addendum to the above captioned project. This notice has been sent to all firms who to date have picked up and signed for the project's bid package at the St. Lucie County Purchasing Department. This addendum hereby becomes a part of the Plans & Specifications and should be included in the Cost Proposal as part of the Contract Documents. PLEASE NOTE THE FOllOWING CHANGES AND/OR ADDITIONS: PLEASE NOTE THERE ARE TWO (1) ATTACHMENTS If you have any questions, call (561) 462- 700. k~5~ Please sign and return by mail or fa SIGNATURE: DATE: q - l j -cQ::::) ENCLOSURES (2) " '. ~~J:. \ ~N[ ~ ~NJLI\ ~N:i.~ LU~ST C:.: From: demandstar, ceo! 9-06-00 6 3Spm p, ~" ~. 0../015.....00 tl'.' '-'.t", .e':'4ctalaA4 ,,",' . ,IC 1'''~ """ l~nl'N"''''' . ... 11¡k:........,..,n.""·.·....IC ~::c- ... ~ . ST. LUCIE. COUNTY PURCHASING DEPARTMENT ADDENDUM #. :2 September 6. 2000 BID #. 00-093 Remodel ADA Bathrooms (Lavvnvvood COmplex) TO ALL PROSPECTIVE BIDDERS: Thhs. letter 'VVt.. ..rv. ... nO"6nr.:...'lnn fnr ftn eddendurn to tho obovc C:.:iptlonCi;ld project Thla no&10. he. been ..0"' toO ai' 11...mo ""ho to do". hove ptck...d up and aigned for tho prOjg.C'C.c bid pao o.age ,,','he St. Lucie County Furch...ing Oepartment, This .ddendum hoar.by beootTIe. . pert of tn. Plena & Spe·clficatlona ~nd ahou'c be Includnd In the Cost Proposel -v part .of tt-._ r::'ontr_~t' ~'-"frr"t.,.......~ PLeASe NOTe THe POLLOVV'NG CHANGES AND/OR ....Or:)lTION9: Th~ County ""UI _\..pply aurtlc'.nt dra'Ylltnga and W'<.Jrk vvilh th~ øuc,;.c.:essfu' bidder tu obtain ,t>.. requl,ød County BuildIng P............lt:,. ¡t yöu nAVe .ny ClU~StiCJ.....a. call (be 1) 4102-1700. PI..,So ::a.iw.. iIWnd rotun-. thl. p...go by n....¡' <->< fax '0 (561) ..~G2_12 4, C /p, / ., ~rl~CO~P NA.ME OF ~IFU.A:_ ._,_ __, ~ ON^TVRe:., , ._, _, __ DATe.; _~L-:ÆO ~ "'WIÎ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CALL FOR BIDS Sealed bids will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 1:30 PM local time on Wednesday, September 13,2000, for· the following: BID # 00 -093 REMODEL ADA BATHROOMS AT LAWNWOOD COMPLEX . CENTRAL SERVCIES DEPARTMENT Bid documents may be obtained via the internet by contacting DemandStar.com or:..by using the County's website at http://www.stlucleco.gov. If you do not have internet access, you may obtain the documents by calling DemandStar.com at (407) 975-0023 and request document number #0933 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (561) 462-1700. eids may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia ' Avenue, Fort Pierce, FL 34982. Any bids received after the above stated time will be returned to the bidder unopened. A voluntary pre-bid meeting will be held at 10:00 A.M. on August 30, 2000 at the Lawnwood Complex, Virginia Ave., Fort Pierce, Florida. Project Manager Is Ken Hall (561) 462-1430. . :Jf/1I2J1 fLl..,- ~\~ The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, orwhich contain additions not alloWed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP's, Bid Results and other infonnation visit the St. Lucie County Purchasing Web Site at http://www.stlucieco.aov St. Lucie County is an Equal Opportunity/Affinnative Aetion Employer. Board of County Commissioners St. Lucie County, Florida By: Charies Biehl, Purchasing Director PUBLISH: Friday, August 11, 2000 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft Pierce, FL 34982 '-'" '....,I PLEASE INITIAL AND RETURN WITH BID FORM INSTRUCTIONS TO BIDDERS 1. SUBMISSION OF BmS: All bids shall be submitted in a sealed envelope. The BI.D NUMBER, TITLE, AND OPENING DATE AND TIME shall be cleariy displayed onibe sealed envelope. The delivery of said bid to the Purchasing Department prior to the specified opening date and time is solely and strictly the responsibility of the bidder. Any bid received in the: Purchasing Department after the specified date and time will not be ,- accepted. If the bid is to be delivered by Fed-X, UPS or other such canier be sure to include the bid number on the Air Bill. The bid must be in a separate sealed envelope inside the canier's envelope. If a carriers package Is opened and the bid is not in a separate envelope it will be resealed and reopened at the designated date and time. 2. EXECUTION OF BID: Bid must include a manual signature of an authorized representative in the space provided. All bids must be completed In pen and ink or type' written. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter .the corrected figure above it. Corrections must be initialed by the person signing the bJd. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. ! 3. BID OPENING: Bid opening shall be public on the date and time specified. Bid must be submitted on forms provided by the County. No other forms will be accepted. Telephone, telegraph, and faxed bids will not be considered. No bid may be modified after opening. No bid may be withdrawn after opening for a period of sixty(60) days unless otherwise specified. 4. BID TABULATIONS: Any bidder wishing to receive a copy of the bid tabulations is required to enclose a stamped, self-addressed envelope with bid response. 5. NO BID: If not submitting a bid, respond by returning one copy of the form, marking it "NO-BID", and explain the reason. The failure to submit a BID or NO-BID to the Purchasing OffIce by the opening time and date shall be cause for removal of a vendor's name from the bid mailing list for this category. Note: A bidder, to qualify as a "Bona Fide Bidder", must submit a "No Bid" and same must be received no later than the stated bid opening ~ate and hour. 6. BID SECURITY: Bid Security may be in the form of cashiers check or bid bond inihe amount of five percent of the base bid or bid on an annualized basis. Personal or company checks will not be accepted. If required under Section 41 the bid security must be submitted with the bid. 7 . CLARIFICATION/CORRECTION OF BID ENTRY: The County of St. Lucie reserves the right to allow for the clarification of questionable entries and for the correction of typographical and mathematical errors. ~~~ ,-,. ....." 8. INTERPRETATION:, Any questions concerning conditions and specification shall be directed to the Purchasihg Department. All questions shall be in writing and received by the Purchasing Department at least 8 working days prior to the bid opening. Tbose interpretations which may affect the eventual outcome of this bid will be furnished, as written addendum, to all prospective bidders. No interpretation shall be considered binding unless provided In writing by S1. Lucie County. 9. EEO STATEMENT:. S1. Lucie County believes in equal opportunity practices which conform to both the spirit and letter of all laws against discrimination and is committed to non-discrimihation because of race, creed, color, sex, age, or national origin. 10. PRICING: Finn prices shall be bid a~d include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point within the County of S1. L4cie to 'a secure area of Inside delivery. Pricing shall also Include installation when required. The Qbligations of St. Lucie County under this award are subject to the availability of funds lawfully appropriated for the purpose by the State of Florida and/or the Board of County Commissioners. , 11. ADDITIONAL TERMS & CONDITIONS: The County of St. Lucie reserves the right to reject bids containing any additional terms or conditions not specifically requested in-tne öriglnal conditions and specifications. 12. TAXES: The County of St. Lucie is exempt from all sales, use and like taxes. 13. DISCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be considered In determining the lowest net cost for bid evaluation purposes. 14. MEETS SPECIFICATIQNS: All equipment and accessories furnished under these specifications shall be new, the latest model in current production and shall be of good quality, workmanship and material. The bidder represents that all equipment offered under this specification shall meet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. 15. EQUIVALENTS: Any manufacturer's names, trade names, brand names, information and/or catalog nurnbe~ listed In a specification are for infòrmation only and not to limit competition. Bid any brånd which meets or exceeds the quality of specifications listed for any item. If the tiid Is based on equivalent products, Indicate on the bid form-the manufacturer's name and number and Indicate any deviation from the specifications as listed. Inciude fully descriptive literature on itemes). LacJdng any written Indication of intent to quote an equivalent brand or model number, the bid will be considered as a quotation In complete compliance with the specifications as listed In the bid form. 16. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shan be made upon the basis of this statement. C:\DOCUMENTS AND SETTINGS\AMYONES.DSIIMY DOCUMENTS\RECEIVE~ ADA BATH.WPOo<w, 11188 ~¡E '-' ....", 17. SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Request for the return of samples must be made within 30 days following opening of bids. Each individu!J1 sample must be labeled with bidder's name, bid number, and item number. Failure of bidder to either deliver required samples or to clearly identify samples as indicted may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the office of the Purchasing Manager. 18. DELIVERY: UnleSs actual date of delivery is specified (or if specified delivery can not be met), show number of days required to make delivery after receipt of purchase order in space provided. Deliver.y time may become a basis for making an award (see Special Conditions). Delivery shall be within the normalworking hours of the user, Monday through Friday. ' -- 19. ASSIGNMENT: Any purchase order issued pursuant to this bid and the monies which may become due hereunder are not assignable except with the prior written approval of the Purchasing Manager. 20. LIABILITY: The bidder shall indemnify and hold harmless the County of St. Lucie its officers, agents and employees against any claims by third parties arising out of the acts or ~missions of the supplier. 21. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the County of St. L:µcie, its officers, agents and its employees from liability of any nature of kind, includil1g cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used In the performance of the contract, including its use by the County of St. Lucie. If the bidder uses any design, device, or materials covered bý letters, patent, copyright, it is mutually agreed and understood without exception that the biØ price shall include all royalties or cost arising from the u§e 'of such design, device, or materials in any involved in the work. 22. TRAINING: Unless otherwise specified, bidder(s} may be required at the convenienCe of the County, to provide training to County employees in the operation and maintenance of any item(s) purchased from this bid. 23. ACCEPTANCE: Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. Those items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the vendor. Any violations of these stipulations may also result in that vendor name being removed from the bidder list and the vendor disqualified for doing business with the County of St. Lucie. , 24. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for havin'g complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effeçJi..ve on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies. 25. WARRANTY: The bidder agrees that, unless otherwise specified, the supplies and/or services furnished under this bid shall be covered by the most favorable commercial C:IDOCUMEHl'S AND SETTIHGS\AMYONES.oSNotY DOCUMENTS\RECEIVE~ ADA BATH,WPO-fwv. 11198 ------ ey€, ~ ""'" warranty the bidder gives to any customer for comparable quantities of such supplies and/or serVices and tha~ the rights and remedies provided herein are in addition to and do not limit any rights afforèfed to the County of St. Lucie by any other provision of this bid . 26. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. 27. PAYMENT: Payment will be made by the County after the items awarded to a vendor have been received andlor installed, inspected, and found to comply with 'àward specifications, free of damage or defect and properly invoiced. 28. DISPUTES: In case of any doubt or difference of opinion as to the Items furnished hereunder. the decision of the county shall be finål and binding on both parties. 29. LEGAl REQUIREMENTS: Federal. State, County, and loeallaws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. ! 30. OPEN-END CONTRACT: No guarantee is expressed or implied as to the total quantity , óf commodities/services to be purchased under any open-end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves th~ right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, or, any combination of the proceeding. 31. DEFINITIONS: COUNTY-The term COUNTY herein refers to the County of St. Lucie, Florida and its duly authorized representatives. BIDDER-The term BIDDER used herein refers to the dealer/manufacturer/business organization submitting a bid to the County in response to this invitation. VENDOR-The term Vet''¡DOR used herein refers to any dealer/manufacturer/business organization that will be awarded a contract pursuant to the terms conditions-and quotations of the bid. USING AGENCY-The term USING AGENCY used herein refers to any department, division, agency, commission. board, committee, authority or other unit in the County Government using supplies or procuring contractual services as provided for in the Purchasing Ordinance of the County of S1. Lucie. HEAVY DUTY-The item(s) to which the term HEAVY DUTY is applied shall exceed the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear and use. C:IDOCUMeNiS AND SETTINGSIAMYONES.DSIIMY DOCUMENTS\RECEIVE~ ADA BATH.WPOomr. 11188 {! -_0 '-' ......", DISTRICT..The term DISTRICT herein refers to the St. Lucie Mosquito Control District and its duly authorized representatives. 32. CONFLICT OF INTEREST: The award hereunder is subject to provisions of State Statutes and County Ordinance. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of St. Lucie County. Further all bidders must disclose the name of any County employee who owns directly or indirectly any interest in the bidder's firm or any of its branches. . 33. NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable without a written order or shipping instruction by the County unless Qtherwise provided in the Contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required the Seller may be given telephone notice to be confirmed by an order in writing. " 34. MODIFICATIONS: ÁlI changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity to the initiation of any such change. 35. OCCUPATIONAL LICENSE: No person shall engage in or manage any Business Profession or Occupation in St. Lucie County for which an occupation license tax is . required unless a County License shall have been procured from the Tax Collector for St. Lucie County. 36. ADDENDA TO THE BID: St. Lucie County reserves the right to amend this bid Qr request additional clarifying information from any or all bidders prior to determination of award. Any changes to this bid will be made available for all prospective bidders to receive. Although we will make ar- attempt to notify you of the addendum, it is the sole responsibility of the bidder to ensure it is received. 37. PERMITS AND FE~: The Vendor shall procure and pay for all licenses, charges and fees and give notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permit and impact fees shall be pay by the County unless specifícãJly itemized elsewhere in these documents. 38. PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES: This bid may be expanded to include other governmental agencies. Each political entity will be responsible for execution of its own requirements with the awarded vendor. 39. AWARD AND CONTRACT: The successful bidder, will, within fifteen (15) calendar days after written notice of award, enter into a written contract with the Board of County Commissioners in accordance with the accepted bid. 40. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Co~nty, C:IDOCIJUEHTS AHD 8ETTINGSINotYONES.oSIIMY DOCUMEHT8\RECEJVE~ ADA BATH.WPO-ftv. 111111 C, r \w' ~ and may not transact b~iness with the County in excess of $1 0,000.00 for a period of 36 months fròm the date of being placed on the convicted vendor list. The County will not intentionally award publicly-funded contracts to any contractor. who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act rlNA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. 41. BOND AND INSURANCE REQUIREMENTS: Bonds must be issued by a Bonding Company with a BðSt Insurance Guide's rating of "Art or better and must be licensed or authorized to do business in the State of Florida. Certificates of insurance, Public Construction Bonds and/or Maintenance Bonds must be received by the applicable County Qffice prior to actual còmmencement of the project. All certificates of insurance shall list the county as ·Additionallnsured· and reference the specific project. Please note that were applicable the follo.wing bond and insurance requirements supersede those set forth in the sample contract. BONDS A. Yes _ No X 5% Bid Security B. Yes _ No X 100% Maintenance Bond _ years C. Yes_ No X 100% Public Construction Bond (see bid form) INSURANCE A. Yes X No_ Worker's Compensation $1,000,000 by accident - each accident $1,000,000 by disease - each employee $1,000,000 by disease - policy limit B. Yes X No_ Commercial General Liability $1,000,000 per occurrence $3,000,000 per job aggregate C. Yes X No_ Commercial Auto Liability Combined Single Umit, Bodily Injury/Property Da~age _ $300,000 X $1,000,000 _$3,000,000 D. Yes No X Builder's Risk (all risks for the total C:lDOCUtÆNTS AND SETTINGS\AMYONES.Ðs1IMY DOCUMENTSlRECEIVED\OCIoOft ADA BATH.WPO-Iw. 11188 ~~ C· ~ 'wtI' construction cost of the project) E. Yes No X Professional Liability $1,000,000 aggregate F. Yes No X Other 42. The County of S1. Lucie reserves the right to reject any or all bids, to waive informalities, and to accept all or any part of any bid as may deemed to be in the best interest of the county. , ! 43. YEAR 2000 WARRANTY: Vendor warrants that each hardware, software, firmware or information product ,delivered under this bid shall be able to accurately process and/or reflect date data (including, but not limited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the vendor, provided that all listed or unlisted products (e.g. hardware, software, firmware) used in combination with such product properly exchange data with it. If the bid requires that specific products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those products as a system. The duration of this warranty and the remedies available to the County for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the vendor's standard commercial warranty or warranties, contained in this bid, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties' the remedies available to the County ùnder this warranty shall include repair or replacement of any product whose non-compliance is discovered and made <nown to vendor in writing. Nothing in this warranty shall be construed to limit any rights or remedies the County may otherwise have under all other associated warranty's with respect to defects other than Year 2000 performance, norbe construed to confer upon the County any rights or remedies other than Year 2000 performance not granted by the other associated warranty's. C:\DOCUMENTS AND SETTINGS\AMYONES.DSIIMY DOCUMENTSlRECEIVED\~ ADA BATH'wPD-rev. 11/98 (}, r. BID SPECIFICATIO~·'3 '--', for ADA BATHROOMS..... At Bob Gladwin Baseball Field (Lawnwood Complex) All labor, materials and equipment to remodel mens room and ladies room at the above location. MENS ROOM 1.) New urinals with one new handicap urinal and new partitions. 2.) Remove and replace toilets and partitions. 3.) Supply one new handicap toilet, partition, and handrails 4.) Remove and replace existing sink and add one handicap sink.' 5.) Build false wall to cover new plumbing. 6.) Paint entire restroom including ceilings with primer and two of epoxy paint. 7.) Finish restroom floor with Dur-a-flex epoxy flooring (or equivalent) 8.) Replace windows 9.) Supply new fixture~ for all sinks and toilets 10.) Supply one new stainless steel hand blower 11.) Supply one new stainless steel hand dispenser 12.) Supply new toilet paper dispensers 13.) Supply new entry door (Metal Door) LADIES ROOM 1.) Remove and replace toilets and partitions 2.) Supply one new handicap toilet, partition, and handrails 3,) Remove and replace one existing sink and add new handicap sink 4.) Build false wall to cover new plumbing 5.) Paint entire restrooms including ceiling with primer and two coats of epoxy paint 6.) Finish restroom floor with Dur-a-flex flooring or equivalent 7.) Replace windows 8.) Supply new fixtures for all sinks and toilets 9.) Supply one new stainless steel handblower , 10.) Supply one new stainless steel hand towel dispenser 11.) Supply new toilet paper dispensers 12.) Supply new entry door. (Metal Door) Partitions will be solid plastic (color of choice), will meet ADA standards and won't rust, break or delaminate. Santana plastic product or equivalent. '--' ..... BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, , plainly marked on the outside with bid number, date and time of bid opening. BID #00-093 Remodel ADA Bathrooms at Lawnwood Complex (Bob Gladwin baseball field) Central Services Department I, ~& Fѵ~___REPRESENTINGt.hl)(t.kr;~ CJ)rù5-Q. Company and/or Corporation, agree to peñorm all of the requirements to GO. r ~Q... . complete the work required in the specifications for the price of: ' 1. Base Bid $~!lS.t:L 00_ Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept 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: ~ U ADDRESS: <p·O. """ßo CITY, STATE, ZIP ro PHONE: (ç0:; \) E µ~S Gr0~. Co 'T~. 0, 3~0z<.f8 SIGNED BY: TITLEYr .e..S·Ic..~ç>.J0-t: DATE: q \ I 'ó \ d-.ðOO C:IDOCUMENTS AND SErTINGSIAMYONES.DSIIMY DOCUMENTSIRECEIVEDIOQ:!4l<DA BATHWPD·rev 11/98 '-' AGENDA REQUEST 'wi ITEM NO. C-9-C ~ DATE: September 26,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING SUBJECT: RFP #00-062 - Professional Engineering Services for Coastal Engineering - approve ranking and permission to negotiate. ' PRESENTED BY: CHARLES BICHT BACKGROUND: On July 12, 2000 proposals were received for Professional Engineering Services for Coastal Engineering. Five hundred twenty three vendors were notified, forty four sets of RFP documents were distributed and seven proposals were received. The selection committee met and ranked a short list as follows: 1. Taylor Engineering, Inc. 2. Coastal Planning & Engineering, Inc. 3. Coastal Technology Corporation 4. Applied Technology & Management, Inc. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval ofthe ranked shortlist and permission to negotiate with the top ranked two firms. The contracts will be brought back to the Board for approval. COMMISSION ACTION: CONCURRENCE: pq APPROVED [] DENIED [ ] OTHER: r;?~ <- Doug Anderson County Administrator County Attorney:(X) )1' Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr,:(X)~ Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eff, 1/97 G:\COMMON\AGENDAS\BIDS\2000-062 award.wpd .. , ~ '-' ....,.¡ DIVISION OF ENGINEERING MEMORANDUM 00-286 TO: Charles Bicht, Purchasing Director FROM: Richard A. Bouchard, Coastal Engineer rt~ VIA: Donald West, County Enginee~~ DATE: September 19, 2000 SUBJECT: RFP #00-062, Professional Services for Coastal Engineering Competitive Selection Committee Short Listing/Ranking St. Lucie County Erosion District Board The St. Lucie County Erosion District Board granted approval to advertise the above referenced RFP on May 23, 2000. The subject RFP was advertised on June 2, 2000 and seven (7) firms submitted proposals before the July 12,2000 deadline. On September 8, 2000 the Competitive Selection Committee (Committee) appointed to this specific RFP met to discuss the proposals, short listed four firms and ranked them in the following order: 1) Taylor Engineering, Inc. 2) Coastal Planning & Engineering, Inc. 3) Coastal Technology Corporation 4) Applied Technology & Management, Inc. During the discussion of the firm's qualifications and the County's needs, the Committee decided it would be in the best interest of the County to use the expertise of two firms and is recommending continuing contracts be awarded to the top two ranked firms. We do not necessarily intend to distribute individual work assignments evenly between each firm, but rather to assign specific work to each firm based upon their expertise in that area, evaluation of existing work load, project continuity, etc. We are requesting that the Committee's recommendation be placed on an Erosion District Board Agenda for approval to enter into negotiations with the two top firms according to the above ran kings. rb cc: Ray Wazny, Public Works Director Jim Lancaster, Assistant County Attorney Mike Wrock, Civil Engineer ( , ~ 00 ~ ~ z o ~ OO~ '00 ~ >~~ ~~= z~oo ~OZ °uo U>E: ~~< uzS ~~= ~ 0.< ~u~ oo~t O~ ~ < o = \J Z ; ~ ~ z ~ \J Z ~ ~ ~ 00 ~ U 00 ~ U ~ ~ ~ 00 ~ . ~ ~ ,0 ~ ~....,= . r~' z·· '/I11III ~ ~ ~=@ ~~= z~= ~ø~ , , z .. ~~M <-....1"'"1 NZOO> '=O~~ = ~ 0 ~ =oo:>~ =oo~Q =It~U~ /IIIIII~Z ~ 0; ~ ~~~=- = ~ ~ 0 '-' ~ i¡;c ~ ~S ~ i¡;c 00- rI.) Z ~ ~ ~ S S ~ ~,~ =' - ð ~ u .. ~ 0 == i ~ ~ :3: r'; ~ :¡¡ ~~ ~z~s~ ~~ ~¡~ê~ e~z ~,~o~= t:"'" Zr-l~=O e~ ~Z~O~ ~~ ~S~=u ~oèS ~z== ~~ ~> .r-l~>C '" ~g ~~~8~ oo~ ~rJ5'zoos~ 8~~~~~~~ ~~å~j~~~ øE-~Z~OO ~ ZQO>~~~~ ~~5~~~~o ~~~~~~~~ stu<ooo< ¡;.¡<=UUUUE- ~ . ~...... . ~..-4M~~t()\Q~ ; 1~ ....,¡ ~ -==1:f.2 ==o=:¡ QQ~ zz< -¡:¡¡¡~ :E>1:f.2 ( . , .... , I . ~ ~ ~ :::: ::::: :::: " ~ ; ~ tt1 c Q ¡:¡¡¡ S = c ¡ fà ~ t æs ¡:: rI.I c" Q ~ Q Z ¡:¡¡¡ ¡:;¡¡ rI.I :E ~ e: ;;I ¡:;¡¡ Z Q ~ :E ;: 0 == 8 :E Q rI.I == Q t t < Ç.) == == t; "" ¡¡¡. ¡¡¡. ¡¡¡. Z Q Q Q ~ == == == :e ¡:;¡¡ ;¡¡ ;.;¡ ¡:;¡ = = = Q :E :E :E :=: ;;I ;;I ;;I ¡:;¡ Z Z Z ;- f' l' '-" "'" ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward District 1 District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA September 26,2000 1. MINUTES A. Approve the minutes of the meeting held September 12,2000. B. Approve the minutes of the Tentative Budget Public Hearing held on September 7, 2000. C. Approve the minutes of the Final Budget Public Hearing held on September 14, 2000. 2. GENERAL PUBLIC COMMENT PUBLIC HEARING MANAGEMENT AND BUDGET 3A. Resolution No. 00-007 - Consider staff recommendation to adopt the resolution amending the budget to reflect the budget transfer from the General Fund Reserves to f¿~l Mosquito Control.:._ CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 51, and No. 52 2. MANAGEMENT AND BUDGET Budget Resolution No. 00-06 - Consider staff recommendation to approve the budget resolution acknowledging FEMA/FDCAreimbursements for the small projects included in the disaster relief claim for Hurricane Floyd damage. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an 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 to the meeting. ,~ i '-' MOSQUITO CONTROL DISTRICT CONSENT AGENDA SEPTEMBER 26, 2000 PAGE TWO ~ 3. COUNTY ATTORNEY Bear Point - Consider staff recommendation to approve the proposed Bear Point Mitigation Bank Agreement with the Daggett Family and Koblegard Family, and authorize the Chairman to sign the agreement. .,j' '-" ...." .. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: Sèptember 12,2000 Tape: 1 Convened: 11 :00 a.m. Adjourned: 11 :02 a.m. Commissioners Present: Cliff Barnes, Chairman, Frannie Hutchinson, Paula A. Lewis, Doug Coward, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Ray Wa:my, Public Works Director, Jim David, Mosquito Control Director, A. Millie Delgado, Deputy Clerk 1. MINUTES (2-0868) "'~.'>c....,...~ .... I> .~ It was moved by Com. Coward, seconded by Com. Lewis, to approve the minutes of the meeting held August 22,2000; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA (2-0875) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List The District approved Warrant List Nos. 48,49,50. 2. Mosquito Control Agreement Amendment- The District approved the proposed First Amendment to the ..october 1, 1999 agreement with Metal Culverts, Inc., to extend the agreement through September 30, 2001, and authorized the Chairman to execute the amendment. 3. Mosquito Control A. Piggy Back Polk County Bid for Chemicals- The District approved piggy backing the Polk County bid and authorized the Chairman to sign the contract as prepared by the County Attorney. B. Piggy Back Charlotte County Bid for Chemicals- The District approved piggy backing the Charlotte County bid and authorized the Chairman to sign the contact as prepared by the County Attorney. -1- '-' \will There being no further business to be brought before the District, the meeting was adjourned at 11 :02 a.m. Chairman Clerk of Circuit Court ....-.....aot;...--..,......."" -2- '-" ...", r', MOSQUITO CONTROL BOARD ST. LUCIE COUNTY, FLORIDA TENTATIVE BUDGET PUBLIC HEARING Date: September 7,2000 Tape: 1 Convened: 5 :22 p.m. Adjourned: 5:26 p.m. Commissioners Present: Chairman, Cliff Barnes, Frannie Hutchinson, Doug Coward, Paula A. Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Ray Wazny, Public Works Director, Julia Shewchuk, Community Development Director, Pete Keogh, Interim Leisure Services Director, Dennis Wetzel. IT Director; Marie Gouin, Interim M & B Manager, Beth Ryder, Community Services Director; Bill Blazak, Utilities Director, Don West, County Engineer; Lauri Heistermann, Deputy Clerk 1. Opening remarks made by the County Administrator. 2. The Management and Budget Manager read the mill ages and the budgets as listed on the agenda: '- MOSQUITO CONTROL FUNDS MILLAGES BUDGETS Operating Funds Mosquito State 1 0.2121 2,755,794 34,000 3.A It was moved by Com. Hutchinson, seconded by Com. Coward to approve the Millage Rate for the Mosquito Control Funds for Fiscal Year 2000/2001; and upon roll call, motion carried unanimously. 3.B It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Tentative Budget for the Mosquito Control Board Fiscal Year 2000/2001; and, upon roll call motion carried unanimously. ._ There being no further business to be brought before the Mosquito Control Board, the meeting was adjourned at 5:26 p.m. Chairman Clerk of Circuit Court -1- ~ ...." MOSQUITO CONTROL BOARD ST. LUCIE COUNTY, FLORIDA FINAL BUDGET PUBLIC HEARING Date: September 14,2000 Tape: 1 Convened: 6:15 p.m. Adjourned: 6:18 p.m. Commissioners Present: Chairman, Cliff Barnes, Frannie Hutchinson, Doug Coward, Paula A. Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Ray Wa:my, Public Works Director, Julia Shewchuk, Community Development Director, Pete Keogh, Interim Leisure Services Director, Dennis Wetzel. IT Director; Marie Gouin, Interim M & B Manager, Beth Ryder, Community Services Director; Bill Blazak, Utilities Director, Don West, County Engineer; Lauri Heistermann, Deputy Clerk '. ".c,,,,_~,.._.,.,....,,. ~ 1. Opening remarks made by the Interim ManagementlBudget Manager. 2. The Management and Budget Manager read the millages and the budgets as listed on the agenda: MOSQUITO CONTROL FUNDS MILLAGES BUDGETS Operating Funds Mosquito State 1 0.2121 2,820,794 34,000 3.A It was moved by Com. Coward, seconded by Com. Bruhn to approve the Millage Rate for the Mosquito Control Funds for Fiscal Year 2000/2001; and upon roll call, motion carried unanimously. 3.B It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the Final Budget for the Mosquito Control Board Fiscal Year 2000/2001; and, upon roll call motion carried unanimously. ._ There being no further business to be brought before the Mosquito Control Board, the meeting was adjourned at 6:18 p.m. Chairman Clerk of Circuit Court -1- ..., \ør '..",J ITEM NO. 3A AGENDA REQUEST DATE: 09/26/00 REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD SUBMITTED BY: OMB SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: PRESENTED BY: Marie M. Gouin Amendment to transfer funds from the General Fund Reserves to Mosquito Control. Currently, Mosquito Control Fund has a negative cash balance due to the dike repairs' expenses after Hurricane Irene. In order to clear the negative cash, staff is recommending transferring the funds from the General Fund Reserves. This requires a Budget Amendment and a public hearing. Transfer between funds has to be done by public hearing, which is done by the attached resolution. The Federal Emergency Management Agency (FEMA) will reimburse the approved costs, and a receivable will be set up in the General Fund. 001-9910-599300-800 - General Fund Reserves. October 19, 1999 - Approval to transfer funds from the General Fund Reserves to cover expenses associated with Hurricane Irene. Septem~er 12,2000 - Permission to advertise for a Public Hearing. RECOMMENDATION: Staff recommends the S1. Lucie County Mosquito Control District Board adopt resolution No. 00-007 amending the budget to reflect the budget transfer from the General Fund Reserves to Mosquito Control. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [2J OTHER: Pulled prior Hearing time County Attorney: XX ~ Originating Dept: [ ] DENIED '/l~~ Doug Anderson County Administrator to meeting. advertised incorrectly. Coordination/Signatures Management & Budget: ~ Purchasing: Public Works: Other. Finance: (Check for Copy only, if applicable)_ -. ....., , RESOLUTION 00-007 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board Budget for St. Lucie County, amending the budget to transfer funds from the General Fund Reserves to Mosquito Control to cover expenses associated with Hurricane Irene. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Mosquito Control District Board, Florida, in meeting assembled this 26th day of September, 2000, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the County's budget is hereby amended as follows: REVENUES See attachment "A" APPROPRIATIONS See attachment "A" After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 26TH DAY OF SEPTEMBER, 2000. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: , COUNTY ATTORNEY G:\BUDGE1\ WPlRESOLU1ìOO-resol\OO-07Msqt. wpd CJ'! ~ CJ'! ....., c:.JUJ \ Uc:.J 0::: -u W >- ';; c:.J ~> < :¡: ::J~ E- CJ'!::J Z 0 ...,¡UJ E- O -<0 U E- z¡¡,¡ W 0::: oE- ~ ¡¡,¡ -u ¡:Q ¡,:., UJ-< 0 UJ UJ~ Z ~t: ~ ãz ~o E- o..U ¡..o 11"\ 0\'-0 Z t"- '" '" ~ t"- '-0. -. 0 0 ô C\- "<I' "TC\ I ¡..o ';; QO. - '-0. 'Q < ~W o¡..o ~\ '-0 '-0 -< 0 00 ¡..oU 0 00 <0 QO C\C'\ -..J O::..J ~< ¡..o 0 00 0.- U 0 00 O::u w 0 00 ~W ~ - "<I' ~Q ¡:Q C'\ '" '" <'-' 0 11"\ 11"\ 11"\ U· z 5\ 0 00 - ..,.. '" '" - NN QO '-0'-0 ¡..o 11"\ Z t"- ~ t"- o Ô ';; "<I' Z 00. - < 0:: w ~\ ¡,.. UJ 0 ,z 0 ~~ 00 w¡..o ¡..o ~Q 0 Zz u 0 f;¡i ~ w ;>¡,.. ~ ¡:Q 00 w '" O::Z 0 I - , û w 5\ 0 d Q (.tJ QO UJ '-' -< u ~ z ~ - 0 U Q 0 (.tJ 0 z ori 0 ~ "<I' 0::: ¡,.. 0 ¡..oZ t"- o f;¡i f;¡i "<I' (.tJ "<I' en 0';; Ñ < QQ C'\ ~ ~z 0\ ¡:QW ..¡ U ..J';; ~ « (.tJ ¡..oO:: OJ ow E- ¡..of;: 0 z s¿ ...,¡ ...,¡ ~ ~ ..... èn f- a (.tJ .... 0 0 0 ~\ e: :J OJ 0 Z 0 z 0 5 :: :J U ¡,:., g "- f- ...,¡ ...,¡ z -< ~ ¡¡,¡ ~ ::J :2 ~ C' ¡¡,¡ ..,.. z CJ'! z Ü ¡¡,¡ 0 ::J -< ~ 0 :2 0 ..... 0 * L. c::: ,..., '< '"" ~ * ~ , '-' AGENDA REQUEST ....., C-2 ITEM NO. DATE: Sept. 26, 2000 REGULAR [] PUBLIC HEARING [ ] TO: St. Lucie County Erosion Control District Board CONSENT [ X ] SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: OMB PRESENTED BY: Marie M. Gouin Budget Resolution # 00-03 for the FEMAlFDCA reimbursement of St. Lucie County disaster relief claim submitted after the 1999 Hurricane Floyd. In September of 1999 St. Lucie County was declared a disaster area due to Hurricane Floyd damage, which affected residential and non-residential areas of the county. St. Lucie BOCC filed a claim for disaster relief assistance from FEMA to cover the cost of disaster- related efforts. On 8/11/00 we received reimbursement funds in the amount of $112,386.33. There were two remittances: $96,829.58 from FEMA and $15,556.75 from FDCA representing respectively 75% and 12.5% of the approved cost of small projects, Due to the fact that some of the projects were completed in the Fiscal Year 1998/99, a portion of the reimbursement ($58,141.71) was applied directly to receivables from that year. The remaining funds in the amount of $54,244.62 cover projects completed in the current Fiscal Year 1999/2000, and need to be recognized by budget resolutions as follows: St. Lucie BOCC - $13,311.83, St. Lucie Mosquito District - $11,464.54 and St. Lucie Erosion District - $29,468.25, N/A N/A Staff recommends that the St. Lucie County Erosion Control District Board approve Budget Resolution #00-03 acknowledging FEMAlFDCA reimbursements for the small projects included in the disaster relief claim for Hurricane Floyd damage. CONCURRENCE: r;r~ <-., ~] APPROVED [] DENIED [ ] OTHER: County Attorney: XX Originating Dept: Doug Anderson County Administrator 81/ Coordination/Siqnatures Management & Budget: ~ Purchasing: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDG ETI WPIAG ENDA'SlAgendaOO\9'26HurFloyd _Erosion. wpd '-' """ RESOLUTION NO. 00-03 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion Control District Board budget, certain funds not anticipated at the time of adoption of the budget have become available from FEMA and FDCA in the amount of $29.468 for the disaster relief assistance related to Hurricane Floyd. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Erosion Control District Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion Control District Board of St. Lucie County, Florida, in meeting assembled this September 26, 2000 pursuant to Section 129,06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the Authority's budget is hereby amended as follows: REVENUES 184-3710-331232-19005 184-3710-334202-19005 Emergency Management Dept. of Community Affairs -Pub $25,258 $4,210 APPROPRIATIONS 184-3710-599330-19005 Project Reserves $29.468 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 26TH DAY OF SEPTEMBER, 2000. ATTEST: EROSION CONTROL DISTRICT BOARD ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGE1ì WPIAGENDA'SlAgendaOO\9'26HurFloyd _Erosion, wpd HURRICANE FLOYD REI'-' RSEMENTS FROM 8/11/00 """'" ACTUAL TOTAL FEMA AID AID FOR FY99 AID FOR FYOO REVENUE ACCOUNTS TABLE 1 EXPENSES EXPENSES EXPENSES General Fund 168,044,20 40,587.38 34,177.55 6,409.83 001-1900-331232-19005 GF EMPA Grant 1,212,70 0.00 0.00 0.00 Public Works 9,623.66 5,721.63 5,721.63 0.00 Unincorporated 887.10 278.04 278.04 0.00 Public Safety 33,377,93 14,086.21 14,086.21 0.00 Airport 670.74 196.84 19684 0.00 Mosquito Ctrl 14,364.53 11,830,00 365.46 11,464,54 145-6230-331232-19005 Mosquito/Leisure 0.00 6,902.00 0.00 6,902.00 001·7240-331232-19005 RAD 3,091.62 1,204.53 1,204,53 0.00 Erosion 33,759.50 29,468.25 0,00 29,468.25 184-3710-331232-19005 Golf Course 742.53 597.49 597.49 0.00 HEW Utilities 20.52 0.00 0.00 0,00 NHI Utilities 468.48 0.00 0.00 0.00 SHI Utilities 529.79 0,00 0,00 0.00 Sports Complex 755,61 0,00 0,00 0.00 Info Technoloqy . 2,949.81 1,513.96 1,513.96 0.00 270,498.72 112,386.33 58,141.71 54,244.62 DETAILS OF PROJECT WORKSHEETS: TABLE 2 PW# ACTUAL PAYMENT INITIAL PROPOSAL (CLAIM) FEMA 75% STATE 12.5% TOTAL REIMBURSE TO FUND Civic Center Shelter 41 1,050,00 175.000 1,225.00 001 1,225,00 Veterans 44 1,041,75 173.625 1,215.38 001 1,215,38 Comm, Risk.Airport 45 1,235.25 205.875 1,441,13 001 1,244.30 140 196,83 Utilities 46 1,437,00 239.500 1,676.50 421 15,04 441 816.28 451 845.18 Public Safety 911 47 12,174.75 2,029.125 14,203,88 107 14,203.88 Road & Bridge 48 4,904,25 817,375 5,721.63 101 5,721,63 Public Saferty EmM 55 18,243.75 3,040.625 21,284.38 107 21,006.34 102 278.04 Central Services 58 5.286.75 881.125 6.167.88 001 6.167.88 Mosquito Control 64 10,140.00 1,690.000 11,830.00 145 11,830.00 Mosquito Control 66 5,145.00 857.500 6,002.50 001 6,002.50 Mosquito Control 68 771,00 128.500 899.50 001 899.50 Erosion 69 12,217 .50 2,036.250 14,253.75 184 14,253.75 Erosion 72 13,041,00 2,173.500 15,214.50 184 15,214.50 Leisure Srvcs 553 2.503.50 417,250 2.920.75 001 2.920.75 569 4,149.00 691.500 4,840.50 001 4,840.50 Utilities 576 0.00 0.000 0.00 001 77,671.00 ADMIN 3,489.08 0.00 3,489.08 001 3,489.05 96,829,58 15,556.75 112,386.33 190,057.33 . Applicant ID: lll-U7E8C-OO * APPLICANT WORKSHEET * 1300 HllmCllM Floyd Payment Number: 1 ...., mount ,4 , 44 0 B 16 SMALL 1,389.00 1,041.750/ 45 0 B 16 SMALL 1,647.00 1,235.250t 46 0 B 16 SMALL 1,916.00 1,437.000/ 47 0 B 16 SMALL 16,233.00 12,174.750/ 48 0 B 16 SMALL 6,539.00 4,904.250" 55 0 B 21 SMALL 24,325.00 18,243.750 ~ 58 0 B 21 SMALL 7,049.00 5,286.75«" 64 0 G 21 SMALL . 13,520.00 10,140.000/ 66 0 A 21 SMALL 6,860.00 5,145.000/ 68 0 A 21 SMALL 1,028.00 771.000""'- 69 0 G 21 SMALL 16,290.00 12,217.500/" 72 0 B 21 SMALL 17,388.00 13,041.000/ 553 0 A 159 SMALL 3,338.00 2,503.500"'- 569 0 B 162 SMALL 5;532.00 4,149.000/ 124,454.00 93,340.500 - t ~ STATE OF FLORI~ 4- 33 228 528 -, 1 OFFICE OF COMPTROLLER REMITTANCE ADVICE THIS IS NOT A PAYMENT DEVIC SAMAS ACCOUNT CODE OLO SITE DOCUMENT NUMBER OBJECT DATE PAYMENT 1\ 52-202750001-52600000-00-10204200 520000 00 D1000076779 7300 08/08/00 021659~ PAYMENT AMOUNT $ 96,829.58 DO NOT CASH 1111111111111111111111111111111111111111111111111111111111111\ ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 AGENCY DOCUMENT NO V001190 PLEASE DIRECT QUESTIONS TO: (850) 488-6409, DEPARTMENT OF COMMUNITY AFFAIRS VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL.US c· G ", INVOICE NUMBER - AMOUNT --------- ---------------- '_ .I $ 96,829.58 .- ~ :1 ~~,~~~ ®\ . . i PUBUC SAFETY " ~ \C¡¡;() 5 ~. ~ C·) ~ '-D DETACH CAREFULLY AND RETAIN FOR YOUR RECORDS BEFORE CASHiNG OR DEPOSITING THE WARRANT 'i.""';'{ ";''';';';''~'.':W. ¡,.....;.,¡ '~...';",'i."':'" 1.....( '__:'ho"''N~v'':'- ¡,;:...( ···.do'···;..·....·:""-· J....,( .....,;.;«.....'~"'"'" 1.;""( ·.·#.·.~';..iN:.,':' J.....I: ·':-~;¡WN:..\· 'i.:""¡ ·..>1':-;';11.";'1';-- ¡,;.;,¡: "'Ñ;';"T,:k:', .;.:;:r .;.;,...i.«........;.¡,.· 1.";'( "M·....":'..,.- ~;.;;.c: ,.':':~"'i"':w.· 1.;"'( .0·';;,·...·-,·"":'''', 1,.....t ";"^"X':':":"~" 1.....( -../'....;,(.;.:..". 1....,( ··.,·:·.··..·v..:·,,-- J.......( SAMAS ACCOUNT CODE DOCUMENT NO. 52-202750001-52600000-00-10204200 . D1oooo76779 OBJECT DATE 7300 08/08/00 WARRANT NO 63-69 0216593 '630 PAY STATE OF FLORIDA OFFICE OF COMPTROLLER 4- 3V~D~~ ~ Mc;T~ 8 AMOUNT 11****96,829.58 NINETY-SIX-THOUSAND-EIGHT-HUNDRED-TWENTY-NINE& 58/100 DOLLARS EXPENSE WARRANT TO THE ORDER OF: VENDOR ID NUMBER TO: TREASURER OF FLORIDA TALLAHASSEE \1111111111111111111\1\1\111\\11111\11\11111\11\1111111111\11\ ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 ~~-t~~ COMPTROLLER OF FLORIDA III :L. L. n 2 :L. b 5 g :¡ 0 bill .:0 b :¡OOO b g ~.: III ~ 2111 , 1300 Hurricane Flay" '-'.¡... . ~ .' ....,J Initial Payment y Payment #: 1 DEPARTMENT OF COMMUNITY AFFAIRS P A REQUEST FOR PAYMENT Applicant ID: ll1-U7E8C-OO Originating Division: Emergency Management Make Warrant Payable To: St. Lucie County Board Of Commissioners Mailing Address: 101 North Rock Road Ft. Pierce, FL 34945 Contract No: 00-RM-X*-10-66-01-047 Warrant Amount: 596,829.58 TR:lo ENC #: G~"341'3 LINE #: 060 I ~ For Consultant Contracts * ORG Level: 526008 * EO: X* OBJ Code: (!fJ60D Hand Written Entries: Final Payment Indicàtor: N CF: '0... Date Invoice Recvd: Description:. FEMA-1300-DR~FL Date GoodISvcs Recvd: Amount: 596,829.58 OV~~r·. cl.e. FEID:rs'9-6000835 D~() Date GoodISvcs Insp: , SAMAS Acct #: Voucher No: Line No.: 0 Ben Obj: o Ben Cat: o bf4-\-çh ~ 'fY1 * Grant No: RF131 Contract No.: 0 FTID: 2-750001/102042 By: DOIIM ~urray Date: ~ tiì1 07/25/2000 <6\í !6~ Trans Date:œ>60 0 Ò Applicant's Agent: Mr. Donald G Daniels Mail 'Check: Y .;.) ,.~\b~:::;~ .:~C"') . ~ .'14. .." -. LJ... .'_ I en :rc:::.~ a... <C LJ... LJ... ("') , <C I . >- c.!) . _ . :::> = oct :5 0''''''' o õ u Approved: ~ ¡j, ~ Approval Date: 07/25/2000 '." ..., ~mergency Reço~ery System~ . ' . * APPUCANT WORKSHEET * Disaster: 1300 Hu"kane Floyd 07/25/2000 Page: I Applicant Name: St Lucie County Board Of Commissioners Address: 101 North Rock Road Applicant ID: 1 11-U7E8C-00 Ft Pierce, FL . 34945 DCA Agreement Number: 00-RM-X*-10-66-01-047 FEID Number: 59-6000835 Payment Number: 1 FEDERAL 93,340.50 0.00 STATE 0.00 0.00 Small Projects (100%) Large Projects ITEMIZATiON OF LARGE PROJECTS Cost Expended (100%) Cost Inc'urred · Contracts Let· Total Advance * - Maximum Two Weeks Paid 0.00 . 0.00 0.00 0.00 . STATE 0.00 Total Amount Approved Administrative Cost Less 5% Approved For Payment Actual Voucher Amount Adjustment Grant Manager: Do~a. Murray ~ Reviewer: ~ Contact Person: Måry tro FEDERAL 93,340.50 3,489.08 0.00 96,829.58 96,829.58 0.00 Date: 07/25/2000 Date: ?/3/-tJcJ Phone: (561)461-5201 0.00 0.00 0.00 SIGNATURE OF P.A. ADMINISTRATOR ~.~ ~ .. · . Applicant ID: 111-U7E8C-OO , Payment Number: 2 · APPUCANT WORKSHEET · 1300 HMnktute FúJyd ".,.,i 44 0 B 16 SMALL 1,389.00 173.625 45 0 B 16 SMALL 1,647.00 205.875 46 0 B 16 SMALL 1,916.00 239.500 47 0 B 16 SMALL 16.233.00 2,029.125 48 0 B 16 SMALL 6,539.00 817.375 55 0 B 21 SMALL 24,325.00 3,040.625 58 0 B 21 SMALL 7,049.00 881.125 64 0 G 21 SMALL 13,520.00 1,690.000 66 0 A 21 SMALL 6,860.00 857.500 68 0 A 21 SMALL 1,028.00 128.500 69 0 G 21 SMALL 16,290.00 2,036.250 72 0 B 21 SMALL 17,388.00 2,173.500 553 0 A 159 SMALL 3,338.00 417.250 569 0 B 162 SMALL 5,532.00 691.500 124,454.00 15,556.750 '-' STATE OF FLORI~ 4- 33 228 524 OFFICE OF COMPTROLLER ' REMITTANCE ADVICE THIS IS NOT A PAYMENT CEVIC SAMAS ACCOUNT CODE OLO SITE DOCUMENT NUMBER OBJECT DATE PAYMENT 1\ 52-202339047-52600000-00-10204200 520000 00 D1000076773 7300 08/08/00 0216585 PAYMENT AMOUNT $ 15,556.75 DO NOT CASH 1111/,,1,,1/.1111 1111111111111111111,,11111 11,1/ " 11111111/11 I ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 AGENCY DOCUMENT NO V001184 PLEASE DIRECT QUESTIONS TO: (850) 488-6409, DEPARTMENT OF COMMUNITY AFFAIRS VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL.US ,-' INVOICE NUMBER --·..;.·1 , .-~.. AMOUNT .:' " --------- ---------------- œ Œ~ ~,~:Œ Wi , , vA ) 0° \C\v - 2 $ 15.556,75 ---:i C-:? '- "r:- ..;:; PUBLIC SAFETY I DETACH CAREFULLY AND RETAIN FOR YOUR RECORDS BEFORE CASHING OR DEPOSITING THE WARRANT ;.;.c ·"X·;v;.·i'JJ:'."'-' ¡"..;.c ,-",;"'w/;,,,,' J.....L ,.·~;·\"'I¿"H> ].:.;;C ·;·.ù..;·;......·;w..· 1.....,[ _"";':'-'Wi··:~9(·· ]"....( ·,_",;·."Ã~,x·:,,·,·. ].";,l. ..........'..... 1.:";,1. ..',,;..,.......;...... J,:..;.c ,..;-,,',,:.;.~^ J._'( :_-~;..;>-.,;,..;<& ~;,;z. ,·:·'v:.~"·,:(w j.;';.( ,.,~·ý:...·;·i;"""' ].....c :.·"X""k'J','· ].;.;;.[ ..,;...;......;.¡;,. }.;.;..c "ÚN;'iN:w..,- J.;';,L ....·...;'ü.....".. ]';';.1:. -.>Yi..;.;,./Ji..;<,.' SAMAS ACCDUNT CODE 52-202339047-52600000-00-10204200 DOCUMENT NO. D1000076773 OBJECT DA TE 7300 08/08/00 WARRANT NO 63-69 0216589 630 4- 3V~D A~~~ MO~T2 4 AMOUNT 1$****15,556.751 STATE OF FLORIDA OFFICE OF COMPTROLLER TO THE ORDER OF: EXPENSE~WARRANT VENDOR ID NUMBER II," .11,,11.11,,1111,1111111/111111.1" 11111,11"111111.11.11 ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 TO: TREASURER OF FLORIDA TALLAHASSEE o' QA~~~~ COMPTROLLER OF FLORIDA III ~ L. 0 2 U; 58 q 0 2111 I:Ob ~OOObqL,l: III L. 2111 1300 Hurricane Flay'" ~ ...Ii Initial Payment N Payment #: 2 -, DEPARTMENT OF COMMUNITY AFFAIRS PA REQUEST FOR PAYMENT Applicant ID: l11-U7E8C-OO Originating Division: Emergency Management Make Warrant Payable To: St Lucie County Board Of Commissioners . Mailing Address: 101 North Rock Road Ft Pierce, FL 34945 Contract No: 00-RM-X*-10-66-01-047 Warrant Amount: $15,556.75 TR:7° ENC #; ~ 4 <g"~ 1 3 LINE #: OOD ~ ~ For Consultant Contracts * ORG Level: 526008 * EO: y* OBI Code: 730 L) Þ 0 Hand Written Entries: Final Payment Indicator: N Date Invoice Recvd: CF: . c.. Description: FEMA-1300-DR-FL Date GoodISvcs Recvd: Amount: . FEID:F.s9~000835 O~ Þ SAMAS Acct #: Date GoodISvcs Insp: ,$15,556.75 Voucher No: Line No.: 0 Ben Obj: o Ben Cat: o ßQ-1-Gh. ~ (Yl · Grant No: RS131 Contract No.: 0 FID: 2-339047/102042 By: Donna Y. Murray Date: ~ trfl 07/25/2000 <tf1 J(jD Trans Date: Of) b ED 6 Applicant's Agent: Mr. Donald G Daniels Mail Check: Y APproved:~IAJ _ Wm ~ > Approval Date: 07/25/2000 :e" ...... . . ~mergency Recovery Syste¡n.,.t " · APPLICANT WORKSHEET · Disaster: 1300 Hu"icane Floyd 07/2512000 Page: I Applicant Name: St. Lucie County Board Of Commissioners Address: 101 North Rock Road Applicant ID: III-U7E8C-00 Ft Pierce, FL . 34945 DCA Agreement Number: 00-RM-X*-1O-66-01-047 FEID Number: 59-6000835 Payment Number: 2 FEDERAL 0.00 0.00 STATE 1 15,556.75 0.00 Small Projects (100%) Large Projects I ITEMIZATION OF LARGE PROJECTS Cost Expended (100%) ., Cost Incurred * Contracts Let * Total Advance * - Maximum Two Weeks Paid I 0.00 0.00 0.00 0.00 . . STATE 15,556.75 Total Amount Approved Administrative Cost Less 5% Approved For Payment Actual Voucher Amount Adjustment Grant Manager: Donna Y. Murray fk(J1 Reviewer: rJ1~ ~ Contact Person: M~~o FEDERAL 0.00 0.00 0.00 0.00 0.00 0.00 Date: 07/25/2000 Date: I I Phone: (561)461-5201 15,556.75 15,556.75 0.00 SIGNATURE OF P A. ADMINISTRATOR ~'~ ~ ''''wtI RESOLUTION NO. 00-06 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of adoption of the budget have become available from FEMA and FDCA in the amount of $11,465 for the disaster relief assistance related to Hurricane Floyd. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Mosquito Control District Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this September 26,2000 pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1999-2000, and the Authority's budget is hereby amended as follows: REVENUES 145-6230-331232-19005 145-6230-334202-19005 Emergency Management Dept. of Community Affairs -Pub $9,866 $1,599 APPROPRIATIONS 145-6230-554600-19005 Equipment Maintenance $11,465 After motion and second the vote on this resolution was as follows: Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 26TH DAY OF SEPTEMBER, 2000. ATTEST: MOSQUITO CONTROL DISTRICT BOARD ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\B UDG En W PIAGENDA'SlAgendaOO\9'26HurFloyd _ Mosq. wpd HURRICANE FLOYD REIM~RSEMENTS FROM 8/11/00 "'w1I ACTUAL TOTAL FEMA AID AID FOR FY99 AID FOR FYOO REVENUE ACCOUNTS TABLE 1 EXPENSES EXPENSES EXPENSES General Fund 168,044.20 40,587,38 34,177,55 6,409.83 001-1900-331232-19005 GF EMPA Grant 1,212.70 0.00 0.00 0.00 Public Works 9,623,66 5,721.63 5,721,63 0.00 Unincorporated 887.10 278,04 278.04 0.00 Public Safety 33,377.93 14,086.21 14,086.21 0.00 Airport 670.74 196.84 196.84 0.00 Mosquito Ctrl 14,364.53 11,830.00 365.46 11,464.54 145-6230-331232-19005 Mosquito/Leisure 0.00 6,902,00 0.00 6,902.00 001-7240-331232-19005 RAD 3,091.62 1,204.53 1,204,53 0.00 Erosion 33,759.50 29,468.25 0.00 29,468.25 184-3710-331232-19005 Golf Course 742.53 597.49 597.49 0,00 HEW Utilities 20.52 0,00 0.00 0.00 NHI Utilities 468.48 0.00 0.00 0.00 SHI Utilities 529.79 0,00 0.00 0.00 Sports Complex 755.61 0,00 0.00 0.00 Info TechnoloQY 2,949.81 1,513,96 1,513,96 0.00 270,498.72 112,386.33 58,141.71 54,244.62 DETAILS OF PROJECT WORKSHEETS: TABLE 2 PW# ACTUAL PAYMENT INITIAL PROPOSAL (CLAIM) FEMA 75% STATE 12,5% TOTAL REIMBURSE TO FUND Civic Center Shelter 41 1,050.00 175.000 1,225.00 001 1,225.00 Veterans 44 1,041,75 173.625 1,215.38 001 1,215.38 Comm, Risk,Airport 45 1,235.25 205,875 1,441.13 001 1,244.30 140 196.83 Utilities 46 1,437,00 239.500 1,676.50 421 15.04 441 816.28 451 845.18 Public Safety 911 47 12,174,75 2,029.125 14,203.88 107 14,203.88 Road & BridQe 48 4,904.25 817.375 5,721.63 101 5,721.63 Public Saferty EmM 55 18,243.75 3,040.625 21,284.38 107 21,006.34 102 278.04 Central Services 58 5,286.75 881.125 6,167.88 001 6,167,88 Mosquito Control 64 10,140.00 1,690.000 11,830.00 145 11,830.00 Mosquito Control 66 5,145.00 857.500 6,002.50 001 6,002.50 Mosquito Control 68 771.00 128.500 899.50 001 899.50 Erosion 69 12,217.50 2,036.250 14,253.75 184 14,253.75 Erosion 72 13,041,00 2,173.500 15,214,50 184 15,214.50 leisure Srvcs 553 2,503,50 417 .250 2,920.75 001 2,920,75 569 4,149.00 691.500 4,840.50 001 4,840.50 Utilities 576 0.00 0.000 0.00 001 77,671.00 ADMIN 3,489.08 0.00 3,489.08 001 3,489.05 96,829.58 15,556,75 112,386.33 190,057,33 -rr---....".........-· .L.1.1-U/COIr",.,-V\J n.4 .L .......... '-fiJ., J. V't' U ~.t1.t..t.'l· · BOO HIlrriC/VU Floyd . Payment Number: Am 1 1,4 , .0 44 0 B SMALL 1,389.00 1,041.750/ 45 0 B SMALL 1,647.00 l,235.250c 46 0 B SMALL 1,916.00 1,437.000/ 47 0 B SMALL 16,233.00 12,174.750/ 48 0 B SMALL 6,539.00 4,904.25Q/ 55 0 B SMALL 24,325.00 18,243.750 " 58 0 B SMALL 7,049.00 5,286.75((" 64 0 G SMALL . 13,520.00 10,140.000/ 66 0 A SMALL 6,860.00 5,145,000/ 68 0 A SMALL 1,028.00 771.000"""- 69 0 G SMALL 16,290.00 12,217.500/ 72 0 B SMALL 17,388,00 13,041.000/ 553 0 A SMALL 3,338.00 2,503.500/ 569 ° B SMALL 5,532.00 4,149.000/ 124,454.00 93,340.500 ... - -,'-. ·40'__. '_'_ ~~,. ' STATE OF FLORID · 4- 3 3 228 528 , OFFICE OF COMPTROLLER ......,¡ -, \wi . REMITT ANCE ADVICE THIS IS NOT A PAYMENT DEVIC SAMAS ACCOUNT CODE ala SITE DOCUMENT NUMBER OBJECT DATE PAYMENT r-.. 52-202750001-52600000-00-10204200 520000 00 D1000076779 7300 08/08/00 021659~ PAYMENT AMOUNT $ 96,829.58 DO NOT CASH II, II t II, .11.1, I III 11.1.111\ II, I II I II I III I. I II III, I I I , III III I I ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 AGENCY DOCUMENT NO VOO1l90 PLEASE DIRECT QUESTIONS TO: (850) 488-6409, DEPARTMENT OF COMMUNITY AFFAIRS VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL,US ~ INVOICE NUMBER '-' AMOUNT 7""~ --------- ---------------- '- j $ 96.829.58 - PUBUC SAFETY w ; . I \ ¡QrJ):) 1 lì, rJ ~ ~ (...) ffi ~ ~~.,~~~ I""::' .1 DETACH CAREFUllY AND RETAIN FOR YOUR RECORDS BEFORE CASHiNG OR DEPOSITING THE WARRANT ._.( :..~.v;'i".___ }. ~ dI'.'inH_''''- ~. L ,....NnN.__ .À_...t ..:hit..~.._ .À_.( ,....:...,.'0;.0,... }. .t ''''.V.',w'' :..;....¡: "'" fI;.... },_.( . . ", 10,( ~'~'"N..... '¡.( . ,,, 1.,[ 'i~·""'·...__}..( ....·.·."·:··..1....· }.~.( ,""*,.) r...... :¡,,;...c: ,,¡'it'lk.',,,· 1.;:''( ........·...M_.. ),. " .~.~"N..!.... 10_" ·...'....tt~'<,· SAMAS ACCOUNT CODE DOCUMENT NO. 52-202750001-52600000-00-10204200 . 01000076779 OBJECT DA TE 7300 08/08/00 WARRANT NO 63-69 0216593 630 PAY NINETY-SIX-THOUSAND-EIGHT-HUNDRED-nlENTY-NINE& 58/100 DOLLARS STATE OF FLORIDA OFFICE OF COMPTROLLER 4- 3V~DA2~~ M'5T~8 .,,' AMOUNT 1$****96,829.581 TO THE ORDER OF: EXPENSE WARRANT VENDOR JD NUMBER 111111111.1111'111111.1.1'1111111'111111,1111.111111111I1II11I ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 TO: TREASURER OF FLORIDA TAllAHASSEE ~-t~~ COMPTROllER OF FLORIDA III l L n ;J l ¡:, ~ q ~ n ¡:, III .:n ¡:, =1000 b g 41: III L. ;J III 1300 Hurricane Floyd - Initial Payment: y Payment #: 1 fo-· '\ '-' '-' ..'-" DEPARTMENT OF COMl\1UNITY AFFAIRS PA REQUEST FOR PAYMENT Applicant ID: ll1-U7E8C-OO Originating Division: Emergency Management Make Warrant Payable To: St. Lucie County Board Of Conunissioners Mailing Address: 101 North Rock Road Ft. Pierce, FL 34945 Contract No: 00-RM-X"'-10-66-01-047 Warrant Amount: 596,829.58 TR:lo ENC #: G~'8413 LIN"E #: OÕO I a-- For Consultant Contracts '" ORG Level: 526008 *EO: X'" OBI Code: l!fJooD Hand Written Entries: Final Payment Indicator: N CF: . c:.. Date Invoice Recvd: . Description: FEMA-1300-DR~FL Date GoodISvcs Recvd: Amount: $96,829.58 CN'è.\'r·, cLe. FEID:89-6000835 D¿;¡'O Date GoodISvcs Insp: SAMAS Acct #: Voucher No: Line No,: 0 Ben Obj: o Ben Cat: o ß fd -\--ç h t!-: . Yl * Grant No: RF131 Contract No.: 0 FID: 2-750001/102042 By: DOnM ~urray Date: ~ t'(rl 07/25/2000 ~IÎ1ÓL> Trans Date:Ct>6G ö Ò Applicant's Agent: Mr. Donald G Daniels Mail 'check: Y .:..,) '-~..:;~ ..'~'t,J;J -c' u .:~C'? ' ::!? .#.110.' ,. L.... .- . (:1 ~'::: 0- « u.... u.... ("")'< 'J >- 'c.!) , _ . :::::> <X: ::;) a o - <::) u Approved: Approval Date: 07/25/2000 .,. ~ ". .~ f\.____~1J . ~..~ , . . . T.:'mergency Reçovery System '-"'* APPUCANT WORKSHEET * ...." Disaster: 1300 Hurricane Floyd 07125/2000 Page: 1 Applicant Name: St Lucie County Board Of Commissioners Address: 101 North Rock Road Applicant ID: II I-U7E8C-00 Ft Pierce, FL . 34945 DCA Agreement Number: 00-RM-X*-10-66-01-047 FEID Number: 59-6000835 Payment Number: 1 FEDERAL 93,340.50 0,00 STATEJ 0.00 0.00 Small Projects (100%) Large Projects ITEMIZA TiON OF URGE PROJECTS Cost Expended (100%) Cost Inc'urred * Contracts Let· Total Advance ... Maximum Two Weeks Paid 0.00 0.00 0.00 0.00 II II STATE 0.00 Total Amount Approved Administrative Cost Less 5% Approved For Payment Actual Voucher Amount Adjustment Grant Ma~ager: Do~nna f MjY ~ ,RevIewer: ~"'" Contact Person: Mary ~ FEDERAL 93,340.50 3,489.08 0.00 96,829.58 96,829.58 0.00 Date: 07/25/2000 Date: 7/3/ _()cJ Phone: (561 )461-5201 0.00 0.00 0.00 SIGNATURE OF f.A. ADMINISTRATOR ~.~ ~ . --~r---· -. 10 I.J.-U ICOL.-W n..o. .L .&...J. \..AJ." 1 W U ~.tl..t..t.l' .. 1300 HIlrrla1t.t Floyd . ;PaymcDt Num~r: 2 [bSRJPW Version cat;/-' Supp # ~~~ Eligible DS~ A~t Amount To ~ ~d] 41 0 16 ,40 . 1 . 44 0 B 16 SMALL 1,389.00 173.625 45 0 B 16 SMALL 1,647.00 205.875 46 0 B 16 SMALL 1,916.00 239.500 47 0 B 16 SMALL 16,233.00 2,029.125 48 0 B 16 SMALL 6,539.00 817.375 55 0 B 21 SMALL 24,325.00 3,040.625 58 0 B 21 SMALL 7,049.00 88 I.125 64 0 G 21 SMALL 13,520.00 1,690.000 66 0 A 21 SMALL 6,860.00 857,500 68 0 A 21 SMALL 1,028.00 128.500 69 0 G 21 SMALL 16,290.00 2,036.250 72 0 B 21 SMALL 17,388.00 2,173.500 553 0 A 159 SMALL 3,338.00 417,250 569 0 B 162 S~.~A.LL 5,532,00 691.500 124,454.00 15,556.750 -, '. " . STATE OF FLORID' 4- 3 3 228 524 ....... OFFICE OF COMPTROLLER 'wfII . REMITTANCE ADVICE THIS IS NOT A PAYMENT DEVIC SAMAS ACCOUNT CODE aLa SITE DOCUMENT NUMBER OBJECT DATE PAYMENT r-. 52-202339047-52600000-00-10204200 520000 00 D1000076773 7300 08/08/00 0216585 PAYMENT AMOUNT $ 15,556.75 DO NOT CASH 11,11,1111 11,1, , ,1,,1, 1,111111, ,II , I, I II, I, ,I, II, , II I I III 1111 I ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 AGENCY DOCUMENT NO VOO1l84 PLEASE DIRECT QUESTIONS TO: (850) 488-6409, DEPARTMENT OF COMMUNITY AFFAIRS VENDORS NOW CAN VIEW PAYMENT INFORMATION AT HTTP://FLAIR.DBF.STATE.FL.US INVOICE NUMBER :.? AMOUNT , , --------- ---------------- 2 $ 15,556.75 0° C\V ~\ ) - -G (-:"? [õ) Œ © Œ U æ ~\i L~ liE I Hili \[: . , :::- I..S PUBLIC SAFETY DETACH CAREFULLY AND RETAIN FOR YOUR RECORDS BEFORE CASHING OR DEPOSITING THE WARRANT Z. ..,··..:ilWüJo>. :¡,....;.c ·_-....···;·'N~_ À....c ·wh.···}.;._· :¡,:c...L. ·..·j.~,·..'....H· :I,..c :-,...··..·~,;,,·i...., j, .{ ...,:,..;,.~.~...,. 1. l. ..-- .....,.. :¡,....;.c ....,;¡.;....:.,,_ :¡,:.....c .......-.....w._ ¡, .I .,........:.::410. 1.,{ ,....~~-..<.,.. :¡,:.....c <;...........,.,. },_" "w.W~i."" :¡, '" ·..w..~.·..~.:'"... I......{ ._~ :¡,.c '....IÜ.....n 1;;"Z. .........:...¡",~. SAMAS ACCOUNT CODE 52-202339047-52600000-00-10204200 DOCUMENT NO. D1000076773 OBJECT DA TE 7300 08/08/00 WARRANT NO 63-69 0216589 -š3'O 4. 3V~D A2~ 8 MO~T2 4 AMOUNT :11****15,556.75/ STATE OF FLORIDA OFFICE OF COMPTROLLER TO THE ORDER OF: EXPENSE'WARRANT- VENDOR 10 NUMBER 1"11111'111111111111.111111111111111111.1"1111""1111.11..1 ST LUCIE COUNTY 101 N ROCK RD FORT PIERCE FL 34945 ~" TO: TREASURER OF FLORIDA TALLAHASSEE Q~-t~~ COMPTROLLER OF FLORIDA II' l. L n ;J 1 ¡: c:; A q n ;J II' lane:. ~nnn¡:ql.l· III I :J II' 1300 Hurricane Floyd ...., .... DEPARTMENT OF COMMUNITY AFFAIRS PA REQUEST FOR PAYMENT Initial Paymœ: N Payment #: 2 Originating Division: Emergency Management Applicant ill: 111-U7E8C~ Make Warrant Payable To: St Lucie County Board Of Commissioners Mailing Address: 101 North Rock Road Ft Pierce, FL 34945 Contract No: 00-RM-X*-10"{)6-01-047 Warrant Amount: S15,556.75 TR:7° ENC #: ~ 4 ~~ 1 3 LINE #: 000;( w:¡¡- For Consultant Contracts * ORG Level: 526008 * EO: y* OBI Code: 7300 b ù Hand Written Entries: Final Payment Indicator: N Date Invoice Recvd: CF: ~ Description: FEMA-1300-DR-FL Date GoodfSvcs Recvd: Amount: ·$15,556.75 FEID:Fs9~000835 0;), b SAMAS Acct #: Date GoodfSvcs Insp: Voucher No: Line No,: 0 Ben Obj: o Ben Cat: o G~T-Gh. ~ m. * GraIrtNo: RS131 Contract No.: 0 FID: 2-339047/102042 By: Donna Y. Murray Date: ~ ¡:rtl 07/25/2000 1/1 )((D Trans Date: ()f) b ED 6 Applicant's Agent Mr. Donald G Daniels Mail Check: Y Approved: ,~ W - .~ Approval Date: 07/25/2000 . t!I '. ' 'ª¡~1l ~ . . ~mergency Recovery System ~ * APPUCANT WORKSHEET * ...." Disaster: 1300 Hurricane Floyd 07/25/2000 Page: 1 Applicant Name: St. Lucie County Board Of Commissioners Address: 101 North Rock Road Applicant ill: lI1-U7E8C-00 Ft Pierce, FL . 34945 DCA Agreement Number: 00-RM-X*-10-66-01-047 FEID Number: 59-6000835 Payment Number: 2 FEDERAL 0.00 0.00 STATEJ 15,556.75 0.00 Small Projects (100%) Large Projects ITEMIZATION OF LARGE PROJECTS Cost Expended (100%) Cost Incurred · Contracts Let· Total Advance * - Maximum Two Wcclu Paid I 0.00 0.00 0.00 0.00 ,B . STATE 15,556.75 Total Amount Approved Administrative Cost Less 5% Approved For Payment Actual Voucher Amount Adjustment Grant Manager: DOllD.a Y. Murray /J.tfì1 Reviewer: fJ1~ ~ . Contact Person: M~~o FEDERAL 0.00 0.00 0.00 0.00 0,00 0.00 Date: 07/25/2000 Date: I I Phone: (561)461-5201 15,556.75 15,556.75 0.00 SIGNATURE OF P.A. ADMINISTRATOR ~\~ ~~ '-" "'" BOARD OF COUNTY COMMISSIONERS UNAGENDA-ED ITEMS September 26, 2000 UAl. Community Development / Budget Amendment No. 00-158 - Consider staff recommendation to approve the budget amendment to equipment request No. 00 -214 to authorize an increase in amount of $1,250. Approved (5-0). UA2. Request was made to change the November 8, 2000 meeting to begin at 5:00PM. Comp Plan Public Hearing will be held from 5:00PM to 7:00PM, and the regular board meeting will begin at 7:00PM. It was requested that November 9, 2000 be left open in the event the Comp Plan Public Hearing needs to be continued. Approved (5-0) <'/7....-,-<<-. Douglas M. Anderson County Administrator ~/ ~ AGENDA REOUEST ITit{ NO. C-3 DATE: September 26, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: St. Lucie County Mosquito Control District PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Bear Point - Mitigation Bank Agreement with the Daggett Family and the Koblegard Family BACKGROUND: See attached memorandum CA 00-1497 FUNDS AVAILABLE: Account Numbers 145-6230-561000-695016 145-6230-561001-695016 145-6230-561002-695016 145-6230-561003-695016 145-6230-561005-695016 145-6230-561011-695016 145-6230-561028-695016 RECOMMENDATION: Staff recommends that the Mosquito Control District approve the proposed Bear Point Mitigation Bank Agreement, and authorize the chairman to sign the agreement. COMMISSION ACTION: CONCURRENCE: IX] APPROVED [] DENIED [ ] OTHER: 0?~~ Douglas Anderson County Administrator County Attorney: r Review and Approvals Management & Budget: Oth<r.MC-1:> r Purchasing: Originating Dept. Other: Finance: (Check for Copy only, if applicable): _ 09/22/00 "-' ST. LUCIE COUNTY - BOARD FZABYARR -...,/ YARRANT LIST 152- 16-SEP-2000 TO 22-SEP-2000 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund GRAND TOTAL: " EXPENSES 13,956.41 13,956.41 PAGE 1 PAYROLL 0.00 0.00 '-' '.....,¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 00-1497 DATE: September 20, 2000 SUBJECT: Bear Point- Mitigation Bank Agreement with the Daggett Family and the Koblegard Family BACKGROUND: Attached to this memorandum is a copy of the proposed agreement for the Bear Point Mitigation Bank. The agreement was approved by the Board of County Commissioners on September 19, 2000. Due to the Mosquito Control District's involvement in the restoration and operation of the site, the District is also a party to the agreement. A copy of the memorandum provided to the Board of County Commissioners is also attached. Copies of the attachments to the Board memorandum are available in the County Attorney's office. CONCLUSIONIRECOMMENDATION: Staff recommends that the Mosquito Control District approve the proposed Bear Point Mitigation Bank Agreement, and authorize the chairman to sign the agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Manager '-' ....." BEAR POINT MITIGATION BANK AGREEMENT TillS AGREEMENT made and entered into this _ day of , 2000, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafterreferred to as the "District", GEORGE H. DAGGETT, JR. and CATHERINEB. DAGGEIT, his wife, RICHARD L. DAGGETT and PHYLLIS P. DAGGETT, his wife, WILLIAM R. DAGGETT and MARTHA B. DAGGETT, his wife, and ESTATE OF MARCIA M. COMILLA, hereinafter referred to collectively as the "Daggetts"; and RUHL W. KOBLEGARD,JR., RUPERTN. KOBLEGARD,III, MARY ANN K. BRYAN, FRANCES K. HARCUS, WENDELL K. BISHOP, LAURA K. HAYES, SINCLAIR JOHN HARCUS, JR., JANE LEE BARCUS HILL, DAVID RUHL BARCUS, RUHL WENDELL KOBLEGARD, III, and CHRISTINE KOBLEGARD PYLES, hereinafter referred to collectively as the "Koblegards". WITNESSETH WHEREAS, the Daggetts own approximately 74.99 acres located in that portion of South Hutchinson Island in St. Lucie County, identified as "Bear Point", and more particularly described in the legal description attached hereto as Exhibit "A"; and, WHEREAS, the Koblegards own approximately 249.18 acres located in that portion of South Hutchinson Island in St. Lucie County, identified as "Bear Point", and more particularly described in the legal description attached hereto as Exhibit "B"; and, WHEREAS, the County desires to purchase the Daggetts' and Koblegards' property in conjunction with the creation of a mitigation bank on Bear Point, using the net proceeds from the mitigation bank to purchase the property; and, WHEREAS, the parties anticipate that the permitting agencies will allow no less than 49.77 mitigation bank credits for the Bear Point Mitigation Bank, hereinafterreferred to as the "mitigation bank" . NOW, THEREFORE, in consideration of the mutual benefits and premises which will accrue to the parties hereunder, it is agreed as follows: 1. COUNTY PURCHASE OF DAGGETTS' AND KOBLEGARDS' PROPERTY. The parties acknowledge and agree that title to the property must be conveyed to the County prior to the permitting of the mitigation bank by the appropriate federal and state regulatory agencies. Accordingly, the Daggetts and Koblegards agree to convey their respective Bear Point properties to the County within thirty (30) days of the date of this Agreement. Subject to receipt of monies from the sale of credits as set forth in Paragraph 4, the County agrees to pay to the Daggetts 1 '-' '-" the amount of six hundred seventy-six thousand five hundred fifty-three and 001100 dollars ($676,553.00) for the conveyance of their property. Subject to receipt of monies from the sale of credits as set forth in Paragraph 4, the County agrees to pay to the Koblegards the amount of two million two hundred forty-eight thousand four hundred forty-eight and 00/100 dollars ($2,248,448.00) for the conveyance of their property. At closing, the County shall make a payment in the amount of ten and 00/100 dollars ($10.00) to the Daggetts and a payment in the amount of ten and 00/100 dollars ($10.00) to the Koblegards. Thereafter, the County shall make annual payments to the Daggetts and Koblegards as set forth below in Paragraph 4. 2. PROJECT SCHEDULE. The parties agree that they shall use their best efforts to adhere to the project schedule set forth in Exhibit "C". Although the County agrees to diligently pursue the necessary permits and approvals, the parties acknowledge that the permitting and approval process may be delayed by actions or conditions outside of the control of the County and the County shall not be held responsible for such delays. 3. PERMITTING OF MITIGATION BANK. The County agrees to submit permit applications for the mitigation bank with the following state and federal agencies: South Florida Water Management District, Florida Department of Environmental Protection, United States Department of Environmental Protection, National Marine Fisheries Service, United States Department of the Interior, United States Fish and Wildlife Service, and United States Army Corps of Engineers. The parties acknowledge and agree that the County has already initiated the preliminary permitting process. In the event that the above-named agencies deny the permit( s) necessary to create the mitigation bank or allow less than 49.77 mitigation bank credits for the mitigation bank, the parties agree that the County shall reconvey the properties to the Daggetts and Koblegards, respectively, subject to the Daggetts and Koblegards simultaneously granting to the District an easement for mosquito and sandfly control activities which shall be irrevocable for a period of one (1) year and thereafter, revocable by the owners upon thirty (30) days prior written notice. The transfer shall be by warranty deed and the title conveyed shall be as when originally transferred to the County. The County agrees to take no action that would adversely impact the title as it exists when conveyed to the County. The County further agrees for itself and all its agencies that if the retransfer occurs that the initial transfer shall not be construed to have waived, released or adversely impacted in any way any rights appurtenant to the land, including rights vested therein in the owners if any. The County and the District shall construct no additional improvements on the property while subject to such easement without the prior written consent of the Daggetts and the Koblegards. 4. DISTRIBUTION OF MITIGATION BANK CREDIT SALES. The parties agree that the County shall annually distribute to the Daggetts and Koblegards a total of 80% of the funds generated by sale of credits from the mitigation bank. The Daggetts shall 2 '-" ....., receive 23.7% of the annual distribution to the Daggetts and the Koblegards. The Koblegards shall receive 76.3% of the annual distribution to the Daggetts and the Koblegards. These payments shall be credited against the purchase prices set forth above in Paragraph I. The County shall retain 20% of the funds generated annually by the operation of the mitigation bank for the restoration, operation, and administration of the mitigation bank, and escrows required by the permits, if any, whether temporary or in perpetuity. The County shall disburse any monies pursuant to this paragraph semi- annually on or before November 1 st and May I st. The County agrees that until the Daggetts and Koblegards are paid the amount identified in Paragraph 1 that the County shall not directly or indirectly itself or through any of its districts (dependent or independent), departments or agencies, operate, maintain or participate in another saltwater mitigation bank or any such similar enterprise or until all credits have been sold in the mitigation bank, whichever fIrst occurs. The County agrees to actively market the availability of credits in the mitigation bank. In the event the State of Florida no longer permits the purchase of mitigation bank credits as a means of achieving required mitigation or in the event no credits are sold within ten (10) years from the date of this Agreement, the County may pay the remaining amount of their respective purchase prices to the Daggetts and the Koblegards either in a lump sum or in equal amounts bearing interest at 6% per year over a term not to exceed ten (10) years. If the County chooses to make periodic payments, the County shall deliver a note to the Daggetts and the Koblegards evidencing the County's obligation. The note shall not be secured by a pledge of the full faith and credit of the County or secured by a mortgage of property owned by the County. In the alternative, if the County determines not to purchase the property, the County shall reconvey to the Daggetts and Koblegards respectively that portion of the properties for which the Daggetts and the Koblegards have not been compensated as of the date of the reconveyance based upon the percentage of credits sold as of such date, subject to the Daggetts and Koblegards simultaneously granting to the District an easement for mosquito and sandfly control activities which shall be irrevocable for a period of one (1) year and thereafter, revocable by the owners upon thirty (30) days prior written notice. The transfer shall be by warranty deed and the title conveyed shall be as when originally transferred to the County. The County agrees to take no action that would adversely impact the title as it exists when conveyed to the County. The County further agrees for itself and all its agencies that if the retransfer occurs that the initial transfer shall not be construed to have waived, released or adversely impacted in any way any rights appurtenant to the land, including rights vested therein in the owners if any. The County and the District shall construct no additional improvements on the property while subject to such easement without the prior written consent of the Daggetts and the Koblegards. In order to ensure most effective management, the property retained by the County shall be adjacent to the Bear Point Sanctuary or such other property owned by the County or the District as of the date of this Agreement. 5. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first above written and shall terminate one (1) year from the date of the sale of the last mitigation credit permitted for the mitigation bank, payment of the purchase prices in full as set forth in Paragraph 1 and 4 or 3 '-" """ reconveyance of the property to the Daggetts and Koblegards as set forth in Paragraphs 3 or 4. 6. MANAGEMENT COMMITTEE. Within thirty (30) days of the date of this Agreement, the parties agree to form a management committee to oversee the creation and operation of the mitigation bank during the term of this Agreement. The management committee shall be comprised of the County Administrator or his designee, the County Attorney or his designee, the Community Development Director or his designee, and the Mosquito Control Director or his designee. The County shall also provide such technical staff assistance as may be available and necessary. The management committee shall meet at least quarterly during each year of the term of this Agreement. The Daggetts and thè Koblegards shall be advised of the meetings at least ten (10) days prior thereto and may attend. The County shall furnish copies of the minutes of the meetings to the Daggetts and the Koblegards at the addresses set forth in Paragraph 10. The management committee shall perform the following duties: A. Adopt bylaws governing its operation. B. Annually review the price for mitigation bank credits based upon remaining credits available, number of credits sold during previous year, and overall market price for mitigation credits, until such time as all available credits in the mitigation bank are sold. The management committee shall obtain an appraisal performed by a Member of the Appraiser Institute, who shall be acceptable to the District, the Daggetts and the Koblegards, annually for its consideration in reviewing the price for the credits. Such appraisal shall be non-binding with regard to the management committee's annual determination of the credit price. C. Review the progress and success of the restoration of the property in accordance with the permits. D. Such other action as may be necessary for the operation of the mitigation bank. The parties agree that the initial market price per mitigation credit shall be seventy-four thousand and 00/100 dollars ($74,000.00). The price shall not be increased or decreased without the consent of the Daggetts and the Koblegards, which consent shall not be unreasonably withheld. 7. INDEMNIFICATION To the extent permitted by law, the County covenants and agrees at all times to save, hold, and keep harmless the other parties, their Officials, Employees, Agents, and Volunteers and indemnify the other parties, their Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and 4 '-" """ nature whatsoever arising out of or in any way connected or arising out of the negligent perfonnance of this Agreement. The County hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. To the extent permitted by law, the District covenants and agrees at all times to save, hold, and keep harmless the other parties, their Officials, Employees, Agents, and Volunteers and indemnify the other parties, their Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties,judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the negligent performance of this Agreement. The District hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. ASSIGNMENT No party to this Agreement shall assign its rights hereunder without the prior written approval of the other parties which shall not be unreasonably withheld. 9. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: To the County: With copy to: St. Lucie County Administrator Administration Annex, 3rd Floor 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex, 3rd Floor 2300 Virginia Avenue Fort Pierce, Florida 34982 To the District: With copies to: St. Lucie County Administrator Administration Annex, 3rd Floor 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Mosquito Control Director 3150 Will Fee Road Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex, 3rd Floor 2300 Virginia Avenue Fort Pierce, Florida 34982 5 ~ ''-' To the Daggetts: Richard L. Daggett 611 SE 39th Terrace Ocala, Florida 34471 To the Koblegards: Rupert N. Koblegard, III, Esquire Fee & Koblegard, P.A. Post Office Box 1000 Fort Pierce, Florida 34954-1000 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery , (b) on the date 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. 10. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 11. MEDIATION In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 12. AMENDMENT OF AGREEMENT No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by all parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. 6 '-' '-" 13. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year ftrst written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 7 ~ ....., WITNESSES: GEORGE H. DAGGETT, JR. GEORGE H. DAGGETT, JR. WITNESSES: CATHERINE B. DAGGETT CATHERINE B. DAGGETT WITNESSES: RICHARD L. DAGGETT RICHARD L. DAGGETT WITNESSES: PHYLLIS P. DAGGETT PHYLLIS P. DAGGETT WITNESSES: WILLIAM R. DAGGETT WILLIAM R. DAGGETT WITNESSES: MARTHA B. DAGGETT MARTHA B. DAGGETT 8 ~ ...." WITNESSES: ESTATE OF MARCIA M. COMILLA BY: NAME: TITLE: WITNESSES: RUHL W. KOBLEGARD, JR. RUHL W. KOBLEGARD, JR. WITNESSES: RUPERT N. KOBLEGARD, III RUPERT N. KOBLEGARD, III WITNESSES: MARY ANNK.BRYAN MARY ANN K. BYRAN WITNESSES: FRANCES K. HARCUS FRANCES K. HARCUS 9 '-' 'WI WITNESSES: WENDELL K. BISHOP WENDELL K. BISHOP WITNESSES: LAURA K. HAYES LAURA K. HAYES WITNESSES: SINCLAIR JOHN HARCUS, JR. SINCLAIR JOHN HARCUS, JR. WITNESSES: JANE LEE HARCUS HILL JANE LEE HARCUS HILL WITNESSES: DAVID RUHL HARCUS DAVID RUHL HARCUS WITNESSES: RUHL WENDELL KOBLEGARD, III RUHL WENDELL KOBLEGARD, III 10 '--' ..., WITNESSES: CHRISTINE KOBLEGARD PYLES CHRISTINE KOBLEGARD PYLES 11 '-' "'" EXHIBIT "A" DAGGETT PARCEL From the Northeast comer of Government Lot 2, Section 13, Township 35 South, Range 40 East, run West along the North line thereof 1440', more or less to the meander line of U.S. Government Survey of 1887 of said Section 13; thence continue West on a projection of the North line of said Government Lot 2, 1102', more or less, to the East shore of Indian River; thence South 10 30'E, 1307.8' along and meandering the shore ofIndian River to a point on the projection of the South line of said Lot 2; then East along said projection of the South line of said Government Lot 2, 1003', more or less, to the meander line of said survey of said Section 13; thence continue East along the South line of said Government Lot 2, 1500', more ofless to the Southeast corner of said Government Lot 2; thence North, along the East line of said Government Lot 2, 1307.25', more or less, to the point of beginning; containing 75.72 acres, more or less; together with all riparian rights thereunto belonging or in anywise appertaining; Together with any and all rights under agreements with the State of Florida relating to dredging and filling, and in particular those set out in instruments recorded in Deed Book 228, at Page 327, and Deed Book 240, at Page 357. 12 '-' 'vi EXHIBIT "B" KOBLEGARD PARCEL Government Lots 4 and 5, Section 12, Township 35 South, Range 40 East; AND All of Government Lot 3, Section 13, Township 35 south, Range 40 East; AND From the Northeast corner of Government Lot 3, Section 13, Township 35 South, Range 40 East, run West along the North line thereof 1500 feet, more or less, to the meander line of U.S. Government Survey of 1887 of said Section 13, the P.O.B., thence continue on a projection of said North line of said Government Lot 3, 1003 feet to the East shore of Indian River; thence South 23 degrees 30 minutes East 1855 feet along and meandering the shore ofIndian River; thence South 49 degrees 00 minutes East, 1240 feet continuing meander on the shore of Indian River; thence South 94 degrees 00 minutes East 800.7 feet; continuing said meander to a point on the projection of the East line of said Government Lot 3; thence North along the said projection of East line of Government Lot 3, 1225 feet, more or less to the meander line of said Survey of 1887; thence West along said meander line of said Survey, 973.5 feet; thence North 26 degrees 60 minutes West 1188 feet continuing on meander line of said survey; thence North 2 degrees 30 minutes East, 338.8 feet, continuing on said meander of said survey to the point of beginning, being in Section 13, Township 35 south, Range 40 East, St. Lucie County, Florida. AND From the Southeast comer of Government Lot 4, Section 12, Township 35 south, Range 40 East, run West along the South line of said Lot 4, 1360 feet, more or less, to the meander line of U.S. Government Survey of 1887 of said Section 12 for point of beginning. From said point of beginning continue West on a projection of South line of said Government Lot 4, 950 feet, more or less, to the East shore of the Indian River; thence North 12 degrees 30 minutes East meandering said East shore 855 feet; thence continuing said meander run North 28 degrees 00 minutes East 554.17 feet to a point on a projection of the North line of said Government Lot 4, on East shore of Indian River; thence Easterly on said projection of North line of said Government Lot 4, 1020.7 feet to the meander line of said survey; thence South 25 degrees 30 minutes West along said meander line of said survey 815 feet; thence continuing on said meander line run South 2 degrees 30 minutes West, 625.3 feet to the point of beginning, containing 26.01 acres more or less, and being in Section 12, Township 35 South, Range 40 East, St. Lucie County, Florida. AND From the Northeast comer of Government Lot 5, Section 12, Township 35 South, Range 40 East, 13 '-' ~ run West along the North line thereof 1360 feet, more or less, to the meander line of U.S. Government Survey of 1887 of said Section 12, the point of beginning; thence continue on a projection of said North line of said Government Lot 5 aforesaid West 950 feet, more or less, to the East shore of Indian River; thence South ten degrees 00 minutes West, 1348.8 feet along and meandering the shore of Indian River to a point on the projection of the South line of said Government Lot 5; thence East along the said projection of said South line 1102.0 feet, more or less, to the said meander line of said survey of said Section 12, 1440 feet West of Southeast corner of said Lot 5; thence North 2 degrees 30 minutes East along said meander line of said survey 1324 feet, more or less, to the point of beginning, being in Section 12, Township 35 South, Range 40 East, St. Lucie County, Florida. 14 '-'- ....,; EXHIBIT "C" PROJECT SCHEDULE YEAR ACTIVITY I (0 - 6 months) Permit I and 2 (6 months - 18 months) Mitigation enhancement/restoration activities I (6 months) Baseline monitoring 1 Semiannual monitoring report #2 2 Semiannual monitoring report #3 2 Semiannual monitoring report #4 3 Semiannual monitoring report #5 3 Semiannual monitoring report #6 4 Semiannual monitoring report #7 4 Semiannual monitoring report #8 5 Semiannual monitoring report #9 5 Final monitoring report #10 1 through 8 Credit release 15 '-' ..."", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners St. Lucie County Mosquito Control District FROM: Daniel S. McIntyre, County Attorney James R. David, Mosquito Control Director C.A. NO: 00-1416 DATE: September 13,2000 SUBJECT: Bear Point - Mitigation Bank Agreement with the Daggett Family and the Koblegard Family BACKGROUND: On May 28, 1996, the Board of County Commissioners granted conceptual approval for the creation of the Bear Point Mitigation Bank. The subject property contains approximately three hundred seventeen (317) acres of salt marsh and is located within Mosquito Impoundment No.1 on South Hutchinson Island. The property is owned by the Daggett and Koblegard families. A map indicating the location of the property is attached to this memorandum. The mitigation bank will provide salt water mitigation within the County for users impacting the Indian River Lagoon and its wetlands. The mitigation bank's proposed service area will stretch from Sebastian Inlet to Jupiter Inlet and will include all brackish water tributaries along the Indian River Lagoon within the defmed region. The Mosquito Control District has managed the property pursuant to a revocable easement for over forty (40) years. Previous efforts to acquire the property for fair market value have proved unsuccessful, and the owners have indicated their intention to revoke the easement in the event agreement can not be reached on the creation of a mitigation bank. In accordance with the Board's direction, staff initiated the pre-application process with the Mitigation Bank Review Team ("MBRT") composed of representatives from interested state and federal agencies. After nearly four (4) years of review, the MBR T recently approved 49.77 credits (+/-) for in-kind mitigation, based upon completion ofthe project's proposed restoration activities. In order to achieve the desired environmental uplift, the Mosquito Control District proposes to remove exotic vegetation and install culverts, a pump station, and an aerator station on site. The one-time District costs to achieve this uplift are estimated to be one hundred fifty-five thousand and 00/100 dollars ($155,000.00). Annual monitoring will be required for five years at an estimated cost of twenty-seven thousand five hundred and 00/100 dollars ($27,500.00) per year. Annual management costs for the site are estimated to be thirty thousand and 00/1 00 dollars ($30,000.00). In addition, there will be a permit fee in the amount of four thousand and 00/100 dollars ($4,000.00) 1 '-' ..."", due upon submission of the permit application. To date, the District has expended twenty-eight thousand one hundred ninety-six and 22/1 00 dollars ($28,196.22) on the project and has encumbered an additional eleven thousand and 00/100 dollars ($11,000.00) for title work, surveying, permitting and the Phase I environmental assessment. The estimated closing costs are eleven thousand nine hundred twenty-five and 0011000 dollars ($11,925.00). The MBRT has tentatively approved 49.77 dual credits for the mitigation bank (49.77 federal credits and 49.77 state credits). Using a land value in use methodology, the property has been appraised by Boyle and Drake, Inc. at a total value of three million three hundred one thousand nine hundred ninety-six and 001100 dollars ($3,301,996.00)based upon a minimum credit value of sixty- one thousand four hundred and 001100 dollars ($61,400.00). The property owners originally proposed that the proceeds from the sale of the credits be split on a 90/10 basis with ninety percent (90%) being disbursed to the property owners. Based upon the September 6, 2000 Benefit/Financial Analysis prepared by the Office of Management and Budget, staff has negotiated a reduction in the annual distribution to the property owners to eighty percent (80%). This would result in a payment of six hundred seventy-six thousand five hundred fifty-three and 00/100 dollars ($676,553 .00)to the Daggetts and two million two hundred forty-eight thousand four hundred forty-eight and 00/100 dollars ($2,248,448.00) to the Koblegards. The respective purchase prices are based on the families pro rata ownership interests in the property. The County will retain the remaining twenty percent (20%) for maintenance of the site and administration of the mitigation bank. A copy of the OMB analysis is attached to this memorandum. The property owners have proposed that the initial cost per credit be no less than seventy- four thousand and 00/100 dollars ($74,000.00). This falls within the range determined appropriate by the appraisers. Assuming the price of the credits remains seventy-four thousand and 001100 dollars ($74,000.00), the total amount generated from the sale of the credits would be three million six hundred eighty-two thousand nine hundred eighty and 00/100 dollars ($3,682,980.00). The property owners have proposed that any funds generated in excess of the three million six hundred eighty-two thousand nine hundred eighty and 001100 dollars ($3,682,980.00) be split between the County and the property owners on a 50/50 basis. Staffhas not included this additional split in the proposed agreement, but the property owners have requested that they be permitted to address the Board regarding this proposal during the meeting on September 19,2000. In the event the State of Florida no longer permits the purchase of mitigation bank credits as a means of achieving required mitigation or in the event no credits are sold within ten (10) years, the agreement provides that the County may pay the remaining amount of the purchase price to the property owners. Such payment may be made either by lump sum or in equal periodic payments bearing interest at the rate of six percent (6%) per year over a period not to exceed ten (10) years. Should the County choose to make periodic payments, a note evidencing such obligation shall be delivered to the property owners. Such note shall not be secured by a pledge of the County's full faith and credit or secured by a mortgage on the property. If the County decides not to purchase the property, the County shall reconvey to the property owners that portion of the property for which the owners have not been compensated as of the date of the reconveyance based the percentage of credits sold as of that date, subject to the property owners simultaneously granting to the Mosquito 2 ... 'wtI Control District an easement for mosquito and sandfly control activities. Such easement shall be unrevocable for a period of one year and thereafterrevocable only upon thirty (30) days prior written notice by the owners. Within thirty (30) days of execution of the agreement, the parties will form a management committee to oversee the creation and operation of the mitigation bank. The committee will consist of the County Administrator, the County Attorney, the Community Development Director, and the Mosquito Control Director, or their designees. The Daggetts and Koblegards have decided not to be represented on the committee, but they will be notified of its meetings and may attend. In addition to overseeing the bank's operation, the committee will also be responsible for reviewing the credit price, based upon an annual appraisal, to determine whether adjustments are necessary. The price will not be increased or decreased without the consent of the Daggetts and the Koblegards, which consent shall not be unreasonably withheld. CONCL USIONIRECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Agreement, and authorize the chairman to sign thJgreement. k Daniel S. McIntyr County Attorney James R. David Mosquito Control Director Attachments HY/ Copies to: County Administrator Mosquito Control Director Finance Director Interim Management and Budget Director Property Acquisitions Manager 3 09/18/00 FZABWARR i , I FUND TITLE 145 Mosquito Fund """ ST. LUCIE COUNTY - BOARD """" WARRANT LIST #51- 09-SEP-2oo0 TO 15-SEP-2000 FUND SUMMARY- MOSQUITO EXPENSES GRAND TOTAL: 146,055.57 146,055.57 PAGE 1 PAYROLL 25,371.64 25,371.64 ...., 'w1fI ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA September 26, 2000 1. MINUTES A. Approve the minutes of the meeting held August 8, 2000. B. Approve the minutes of the Tentative Budget Public Hearing held September 7,2000. C. Approve the minutes of the Final Budget Public Hearing held on September 14, 2000. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LI~TS Approve Warrants List No. 46 through No. 52 2. MANAGEMENT AND BUDGET Budget Resolution No. 00-03 - Consider staff recommendation to approve the budget resolution acknowledging FEMA/FDCA reimbursements for the small projects included in the disaster relief claim for Hurricane Floyd damage. NOTICE: All proceedings before this Board are electronically recorded. Any person who deddes to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-e.'(amine 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 to the meeting. '-' ''-11 EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 8, 2000 Tape: 1 Convened: 10:31 a.m. Adjourned: 10:32 a.m. Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, Frannie Hutchinson, Cliff Barnes, John D. Bruhn 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, Bill Blazak, Utilities Director, Don West, County Engineer, Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES (13022) It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the minutes of the meeting held May 23,2000; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA (1-3026) It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. Warrant List The District approved Warrant List No. 35 through 45. There being no further business to be brought before the District, the meeting was adjourned at 10:32 a.m. Chairman Clerk of Circuit Court ~ ....." I r/", , I EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA TENTATIVE BUDGET PUBLIC HEARING Date: September 7, 2000 Tape: 1 Convened: 5:26 p.m. Adjourned: 5:33 p.m. Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Ray Wazny, Public Works Director, Julia Shewchuk, Community Development Director; Bill Blazak, Utilities Director, Marie Gouin, Interim, M & B Manager, Don West, County Engineer, Lauri Heistermann, Deputy Clerk 1. Opening remarks made by the County Administrator. 2. The Management and Budget Manager read the millages and budgets as listed on the agenda. MILLAGE AND BUDGET FOR THE EROSION DISTRICT EROSION DISTRICT FUNDS MILLAGE BUDGET '-. EROSION OPERATING Zone E 0.1000 3,349,013 EROSION BOND I & S Zone A Zone B Zone C Zone D 3,347 3.A It was moved by Com. Barns, seconded by Com. Lewis, to approve the Tentative Millage for Fiscal Year 2000/2001; and, upon roll call, motion carried unanimously. 3.B It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the Tentative Budget for Fiscal Year 2000/2001; and, upon roll call, motion carried unanimously. 'There being no further business to be brought before the Board, the meeting was adjourned at 5:33 p.m. Chairman Clerk of Circuit Court -1- '-" ...., " I EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA FINAL BUDGET PUBLIC HEARING Date: September 14, 2000 Tape: I Convened: 6:18 p.m. Adjourned: 6:19 p.m. Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, Frannie Hutchinson, John D. Bruhn, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Ray Wazny, Public Works Director, Julia Shewchuk, Community Development Director; Bill Blazak, Utilities DiFector, Marie Gouin, Interim, M & B Manager, Don West, County Engineer, Lauri Heistermann, Deputy Clerk 1. Opening remarks were made by the Interim Management/Budget Manager. 2. The Management and Budget Manager read the millages and budgets as listed on the agenda. ~.~.~. ...- ~ MILLAGE AND BUDGET FOR THE EROSION DISTRICT EROSION DISTRICT FUNDS MILLAGE BUDGET EROSION OPERATING Zone E 0.1000 3,349,013 EROSION BOND I & S Zone A Zone B Zone C Zone D 3,347 3.A It was moved by Com. Lewis, seconded by Com. Barnes, to approve the Final Millagefor Fiscal Year 2000/2001; and, upon roll call, motion carried unanimously. 3.B It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve the Final Budget for Fiscal Year 2000/2001; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 6:19 p.m. Chairman Clerk of Circuit Court I -1- 09/22/00 FZABVARR '-' ST. LUCIE COUNl'Y - BOARD "'wI VARRANT LIST 152- 16-SEP-2000 TO 22-SEP-2000 FUND SUMMARY- EROSION FUND TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 3,248.79 3,248.79 PAGE 1 PAYROLL 0.00 0.00 oB/ 11/00 '-'Sf. ttlct~ côt1m'Y ~ MAlttj ...., PÅCit~ 1 PZAaVARR tTA1UWrt LtSf #46- ÖJ-AtJG..;.ŽÖOÒ tð 11~AU<Þ2(j(j(j rUNb SUMMAtt1-'" tmMfðN FUND tttU ~~~~ ÞA¥f{6LL 184 Erosioh Control Opetàtlng Fund Ai4.Ö6 O,ÖÖ GRAND T01.'At: 814.06 0.00 ·····'··_7..,t~..'-"'·~:·_- .- MJls/Od ~ ST. LUttn tötMH "" nðA1UJ ....,.¡ ÞiABVAAA ttAMANT liSf #41"" lž~Á~~ðOO}l'ð,lê~At1<ÞžðOO ptJN j StJMMAt{f.:'tmð~!ÓÑ ÞUNtl ~~Š 184 gtôdott tönttöl öþêfäHfig Fund'jð~~iaa ~ totAL! 1;ö~~.êê PAlm 1 ~À!lðLL ~,~~lì~~ 2;2§ld1 ,~ -.~.","",~"""._~~~...~.""""",,,,~-~~"..;. '...~............,.""- ,~"'~". . , ...." M/i3/00 FZA:ß\tAItR ~, ,.. st, tt1ê!~ töWi1 ,;;. !1õA1W ~A1UWtl' LtSt 14é-" 19-At1(þ~ððð. Ifð žj...AtKÞMÓÔ 1?t1ND S~f.i>'!rmðS!ðN ~S!~ 114 ¡ ö~ POND 184 t:tm Eto§ioh Control Opêtäting Purtd GRANt> tOTAl.: 134.05 PAtm 1 PA'fttOLL Ö.OO 0.00 09/01100 '-"ST, Lttèt~ rot1N'ft ... ~òAM . > ....." ÞmVAttit! \tAtUtANT LIS'r #49.:i. 24~At1cÞžOOðT6:;ðl&~!Þ~žÔÓÖ PUMfi , stJI.It.IM'~.: tmðS~ i\_ ttJNtl if1ftj~;'<:S>~;ti_š 194 ~to!Hoft Cötìtfól Opêtat1ng Pùhd ' }~1gž¡ M GRAND totAL! Ž9~.§2 Mtm ì'AftðtL ~f~~LB 2,251.23 1 ...,..--- ~-,-- -',--~. ..-~.,-. ~ ->"'-_......-._..,.,....--~.-- ~-.._._~-"--~-.----- . _. ð~/6a/oo fZABVAAA 'wi ~ ST; ttJCI~ cótMrt - lJö1JU) VAM.ANT LtST 150-" Ö2~šEþ...iOOOTÕÔŠ~~ËP-'2bóò PUNtJ SUMMAAf ~ tmðarðN ",:, .", . ',':'~: ','J,J.~- . ';. '., ûÞ~)~ :4žl,~2 1 ¡ ftJNb 184 tìt~ Erö§!òft tòtltfol Opèratifig Fund G1tAND TOTAL! 4121. 52 PA~~ 1 PA1ltðLL (:J.()Ó 0.00 09/18/00 ~ ST. LUCIE COUNTY - BOARD ..,¡ FZAB\TARR \TARRANT LIST #51- 09-SEP-2000 TO 15-SEP-2000 FUND SUMMARY- EROSION FUND TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 207.21 207.21 PAGE 1 PAYROLL 2,251.23 2,251.23 ~ ~UDGET AMENDMENT REQUES..,oRM REQUESTING DEPARTMENT: OMS FOR COMMUNITY DEVELOPMENT PREPARED DATE: 09/26/00 AGENDA DATE: 09/26/00 TO: 001133-1525-564000-19007 Machinery & Equipment $1,250 FROM: 001-1515-531000-100 PROFESSIONAL SERVICES $1 ,250 REASON FOR BUDGET AMENDMENT: INCREASE 'TREE SPADE' PROJECT AMOUNT TO COVER THE COST OF INSTALLING THE UNIT ON A TRUCK. 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