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Home My WebLink AboutAgenda Packet 06-08-99 ,-,. JllliE 8, 1999 'wi WELCOME BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 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 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 prim: 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 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, FI. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. ( '- ...., 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 June 8, 1999 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held June 1, 1999. 2. PROCLAMA TIONIPRESENT A TION A. WPSL Christmas KidsILeisure Services- The WPSL Christmas Kids program will present a donation of $8500 to benefit the Lincoln Park Community Center Day Camp and the Port St. Lucie Community Pool swimming lessons. B. Resolution No. 99-123- Proclaiming the week of June 14-22 as "Small Business Week" in St. Lucie County. ./ C. Resolution No. 99-122- Consider staff recommendation to approve the resolution accepting a 50% payment from the Florida Communities Trust and a donation of the other 50% from the Florida Inland Navigation District for a donation of approximately 33Y2 acres, Walton Scrub site, on behalf of the Environmen~ Significant Lands program. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARING COUNTY ATTORNEY 5. Resolution No. 99-118- Consider staff recommendation to approve the resolution providing preliminary authorization for the financing of A-I Roof Trusses Ltd. Company manufacturing facility. 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. < '-'" "wi REGULAR AGENDA JUNE 8, 1999 PAGE TWO 6. PUBLIC WORKS Resolution No. 99-114- Consider staffrecommendation to approve the resolution approving the Final Assessment Roll for the Timberlake Estates Municipal Services Benefit Unit. 7. COUNTY ATTORNEY A. Rock Road Jail Chapel- Background information is provided for Board discussion. B. Utility Territorial Dispute- Consider staff recommendation to direct the County Attorney to notify the City of Port St. Lucie and the FPUA of the County's intention to file an action for declaratory relief against the City and FPUA and to further request that the City and FPUA meet with the County, pursuant to Chapter 164, Florida Statutes, in an attempt to resolve the dispute. "'? '-" ...",,¡ CONSENT AGENDA .June 8, 1999 1. W ARRANTS LIST Approve warrants list No. 36. 2. MANAGEMENT AND BUDGET A. Budget Amendment No. 99-120lEquipment Request No. 99-212- Consider staff recommendation to approve the budget amendment and equipment request for the purchase of two printers for Court Administration. B. Budget Resolution 99-120- Consider staff recommendation to approve the budget resolution increasing the current budget for 97/98 SIDP Grant #185202 by $64,732. 3. PUBLIC WORKS A. Westglen MSBU- Consider staff recommendation to accept the petition, direct the County Engineer to prepare the project report and preliminary assessment roll and grant permission to advertise the public hearing to be held on July 6,1999. B. Port Entrance- Consider staff recommendation to approve the extension of the Joint Participation Agreement with FDOT for the proposed north entrance to the Port of Ft. Pierce and Resolution No. 99-126. Authorize Chairman to sign the extension. C. Solid Waste- Consider staff recommendation to approve the grant applications to the Florida Department of Environmental Protection for the Waste Tire, and Litter Control and Prevention grants, and authorize Chairman to sign the applications, agreements, and quarterly reimbursement requests. 4. PERMISSION TO ADVERTISEIRECOMMENDED FOR A NIGHT MEETING Community Development - Consider staff request for permission to advertise the following public hearings on July 6, 1999: -Ordinance 99-003, amending the St. Lucie County Land Development Code, to provide for additional standards and regulations governing land clearing and yard waste recycling operations in the unincorporated areas of St. Lucie County (first public hearing). -Ordinance 99-004, amending Section 2.00.00, Definitions, of the St. Lucie County Land Development Code, to provide for the addition of a definition of the term contiguous and to amend the definition of gross density (first public hearing). -Ordinance 99-005, amending Section 7.10.23(L), Separation, of the St. Lucie County Land Development Code, by amending the method for which variances may be applied for from the separation standards for telecommunication towers and habitable residential structures and residential zoned land (first public hearing). -Ordinance 99-015, amending Section 3.01.03(Q), CN Commercial, Neighborhood zoning district, and Section 3.01.03(S), CG Commercial, General zoning district, ofthe St. Lucie County Land Development Code, by amending the list of conditional and accessory uses in these zoning districts (first public hearing). -;' '-' -."""I CONSENT AGENDA JUNE 8, 1999 PAGE TWO 4. PERMISSION TO ADVERTISEfRECOMMENDED FOR A NIGHT MEETING (CON'T) -Ordinance 99-016, amending several sections within the St. Lucie County Land Development Code, to provide for a reassignment of duties and responsibilities between the Public Works Director and the Community Development Director (first public hearing). -Ordinance 99-018, amending Section 7.09.04(E), of the St. Lucie County Land Development Code, landscaped buffer areas between non-residential and residential uses, by amending the requirements for continuous screening between residential and non-residential uses (first public hearing). 5. COMMUNITY DEVELOPMENT Tourism- Consider Tourist Development and staff recommendation to approve payment of the May invoices to R. J. Gibson Advertising in the amount of $5,631.96. 6. PURCHASING A. Bid Waiver- Consider staff recommendation to approve a bid waiver for the repair of doors at the Rock Road Jail and award the work to Correctional Equipment Company in the amount of $20,000. B. Bid Waiver- Consider staff recommendation to approve a bid waiver for the re- sodding of Open Space football field and award the work to Stuart Sod, from quotations in the amount of $15,080 and authorize the Chairman to sign the contract as prepared by the County Attorney. \ C. Bid No. 99-53- Consider staff recommendatión to reject the bids for the Landfill Maintenance Building service cranë replacement, modify the specifications and grant permission to re-advertise for bids. D. Bid No. 99-14- Consider staffrecommendation to award the bid for the Ideal Holding Road paving project to Ranger Construction in the amount of $84,442.02. Authorize the Chairman to sign the contract as prepared by the County Attorney. Establish the project budget as outlined. E. Permission to advertise- Consider staff request for permission to advertise proposals for a classification and pay plan study. F. Fainvinds Golf Course- Consider staff recommendation to approve the contract with Golf Management System Inc. as amended and authorize the Chairman to sign the contract. G. Permission to advertise- Consider staff request for permission to advertise bids for towers for the 800 MHZ radio systems. 7. ADMINISTRATION \~A' Application Form- Consider staff recommendation to approve the application form for those wishing to serve on a County Board or Committee. ~ ""'" CONSENT AGENDA JUNE 8, 1999 PAGE THREE 7. ADMINISTRATION WON'T) B. Ten Mile Creek Water Attenuation Project- Consider staff recommendation to approve Amendment No.1 to the contract with the Florida DEP for partial funding for initial design and engineering of this project and authorize the Chairman to sign the amendment. 8. UTILITIESfRECYCLING A. Non-Exclusive Commercial Solid Waste and Recyclable Materials Service Agreement- Consider staff recommendation to approve extensions of these agreements for Waste Management, Nettles Island, Ocean Resorts Co-op, Whispering Creek Village, Road Runner Travel Resort, County Cove Mobile Home Park, Overland Services, Inc., Choice Sanitation, Wynne Development Corporation, Freedom Waste Removal and Treasure Coast Refuse until September 30, 1999 and authorize the Chairman to sign the extensions. B. Holiday Pines Utility- Consider staff recommendation to approve the Holiday Pines Services Corporation Utility Asset Transfer Agreement and authorize the Chairman to sign the agreement, pending County Attorney review. 9. HUMAN SERVICES Grant Application- Consider staff recommendation to approve the application for the Drug Control and System Improvement Program for FY 99/00 and authorize the Chairman to sign all documents necessary. 10. COUNTY ATTORNEY Resolution No. 99-99- Consider staff recommendation to approve the resolution formally naming an unnamed right-of-way easement and ingress/egress along the easterly canal bank ofN.S.L.R.W.C.D Canal No. 54 as "Pulitzer Road". -......-...---...~~...,..,.""- \wi ,-._,:.;~'::_'<~',~-": ,,!,~.,>~crr;,~,:.~ ~ . BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 1, 1999 Tape: 1 Convened: 7:05 p.m. Adjourned: 7:37 p.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Doug Coward, Frannie Hutchinson, Cliff Barnes Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney, Ray Wazny, Public Works Director; Julia Shewchuk, Community Development Director; Don West, County Engineer; Bill Blazak:, Utilities Director; Jack Doughney, Leisure Services Director; Gayla Barwick, Tourism Manager; Deputy Williams, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held May 25, 1999 to included additional cOll1I11~nts as requested by Com. Coward; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA(1-090) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda to include the additions; and, upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 35. 2. LIBRARY Software Maintenance Contract- The Board approved a sole source contract for SIRSI for maintenance support and authorized the Chairman to sign the contract. 3. PERMISSION TO ADVERTISE,RECOrvnvŒl\¡TIED FOR A ~1GHT MEETING A. County Attorney- The Board approved advertising a public hearing on the abandonment of the old alignment of Becker Road on July 6, 1999. .'.; , '.' . , .,.. ;- ~ '. .,., ~~~_~iM:'dr~:~~~·.>~~~:~~~C?-~·~~!j?:~~ž~ià~:TI~~~!j~~~tr 06/01/99 FZABVARR ti\?~ ~ FUND -- 001 001116 001120 001235 001242 001244 101 101001 101002 101003 101006 102 102001 102103 105 107 111 113 114 116 117 119 120 122 123 126 136 138 139 140 140274 145810 160 170 182 183 183001 183004 183206 185201 185202 185203 186 186202 310001 315201 316 316001 352 382 401 418 421 441 448 451 461 491 501 505 505001 510 611 625 ~ ST. LUCIE COUNTY - BOARD VARRANT liST #35- 22-MAY-99 TO 28-MAY-99 FUND SUMMARY TITLE General Fund Sec 112/MPO/FHVA/Planning 98/99 CÓmmuni ty Services Block. Gmt 98/99 TDC Planning Grant 98/99 98/99 E. M.. P.A. SLC Automated Court Record Sys Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/BOr. Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Urban & Community Forestry 97/98 Library Special Grants Fund Fine & Forfeiture Fund River Park I Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Distl13 Fund Southern Oak Estates Lighting Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund FOOT/ Terminal Expansion 98-99 $VIM Imp. VIII Restoration Plan Maintenance RAD Fund Court Facilities Fund Environmental Land Acquisition Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FDJJ-Teen Court 98/99 FHFA-185-SHIP 96/97 FHFA- SHIP 97/98 FHFA-SHIP 98/99 Recycling Operating Fund DEP-Recycling & Education 98/99 Impact Fees-Library DOS-315-Fort Pierce Branch Library Coun ty Capi tal Transportation Capital SRI Vastewater Treatment Proj Fund Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.V. Utilities Fund North Hutchinson Island Utilities Reneval & Replacemen t Fund S. Hutchinson Utilities Fund Sports Complex Fund Building Code Fund Automated Services Fund Health Insurance Fund Property/Casualty Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Law Library ;..:':';'~"~ .'.f"t-~'....i ~...... GRAND TOTAL: .~...._.. :.._::...~-' .~. __~""_"'-"""'__'U""~~''''-''-''-~':'''-' .,........ -~-;-.~~~--- EXPENSES:J 486,822.25 1 ,097 .04 3,011.37 25.50 300.00 412,810.00 66,138.85 3,931.00 27,545.01 117,991.10 25,671.50 16,053.41 1,819.11 134.00 82,042.00 2,993,964.73 2,517.55 197.32 434.85 481. 82 120.29 695.95 138 . 22 832.80 244.65 108.57 1,275.23 103. 55 648.34 4,162.39 233,917.97 898.91 1,142.59 149.99 1,272.74- 2,438.43 259.91- 1,372.00 273.00 0.00 39,622.72 520.00 215.52 68.25 10,622.00 271,729.75 72,974.50 10.620.00 70,458.30 311. 20 14,131.08 12,865.81 119.75 1,665.13 4,090.00 1,289.47 161,319.02 5,967.66 224,631. 55 32,006.00 5,808.62 8,849.05 1,049.21 709.82 5,441,623.05 PAGE 1 PAYROLL 242,157.28 4,590.46 0.00 198.83 0.00 0.00 87,929.84 0.00 0.00 0.00 0.00 35,235.44 2,917.14 0.00 1,876.47 58,088.11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,587.24 0.00 0.00 2,245.46 0.00 1,431.39 3,222.71 2,449.60 897.60 1, 138.46 343.95 0.00 888.85 1 ,334.69 444.89 0.00 0.00 0.00 0.00 0.00 0.00 25,398.69 16,804.04 142.31 2,373.33 0.00 2,230.83 9 , 688. 11 15,368.70 55,372.11 0.00 0.00 8,949.08 2,751.50 , 0.00 594,057.11 ~.- --;.... ::-. . ----------- -.'--- :. _;;. ':^ -<':'."""""";',:,~.~~H:,. ..:..,.}7-,..;,,,,. _.-:;:.:-. :::-:;:;::;;:;·;;;'.~'-'';'::'';:~~:-'::..¡::;;'':':'1~~".'.,:,:'':::'::;2'::'"fl;?~~~~';£.';;:-~~:~~v""'"~.·:.' '~~~-.-"'" ....J, . ;. ".;'''.'¡:''''':''>.'''-: ..:'<,",,'-'.~- .:.- ~..i..''';;:~''''-;~lr·; -----.:, ·.'~":7~~ - .". 4- "'r'- _- ,::'L ,. ....... _ .... _. ...·v '_', __. ._.. _', ",. ....;....."...:..~';:;«::..-"3.J .......- .~,_.' '':-- .- . , ~ "-'~-~"~;':'~~_!t.t.,,~~,:,~:~~~,_"~-_=,,;~~ .:-.,.:- _.., , , __ " _ ~_ _~""__-.~. :...~~~;.~~...... ~-..--::¡~~~-:"'..~:¡:.~::i:....":-""""~:-';' ~;:-:;~~~$.~'l~~+~~~~~:;.~~~-~;,-~~·~;-~~·þ~~')-::-*..~,,--:·~·,:i~~-.~.~...-~,,- r"';:~-';'::";;:';;;"~':·~~-': ~r.;'<!"'''''''''7.:~''' '--" ....I .; , .; '. B. Community Development- The Board approved advertising the following public hearings for June 15, 1999. - Broadmoor Alzheimer's and Memory Impairment Center for a change in zoning from the RM-ll zoning district to the I zoning district for the expansion of an adult congregate living facility. - James and Shirley Cagle, for a change in zoning from RS-3 zoning district to the I zoning district for the expansion of an existing adult congregate living facility. - Donald and Louise Doran- for a change in zoning from RS-2 zoning district to the CO zoning district to allow for the highest and best use of property. - Paul 1. Driscoll, for a change in zoning frôm the IX zoning district to the AG-2.5 zoning to utilize the property for agricultural uses. - Wayne Skinner, for a change in zoning from AG-2.5 zoning district to the CN zoning district to develop a convenience store, retail store specializing in feed, seed, agricultural accessories and rail western wear. - W.D. White, for a change in future land use designation from RS to COM to allow for the best use of the property. - W.D. White, for a change in zoning from the AG-l and CN zoning districts to the CG zoning district to allow for the best use of the property. - 4. INVESTMENT FOR THE FUTURE A. Bridge Replacement- The Board approved Work Authorization No.2 for construction contract management with Lindahl, Browning, Ferrari & Hellstrom, Inc., for engineering services related to the Orange Avenue over C-57 bridge replacement in the amount of $9,000 and authorized signature by the Chairman. B. S. 25th St. - The Board approved awarding Bid No. 99-55 for the construction contract for stormwater ponds B,D, E, and F to Ranger Construction in the amount of $333,948., establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attorney. 5. MANAGEMENT /BUD GET Budget Resolution No. 99-117- The Board approved the budget resolution establishing the budget for the Emergency Medical Services grant for the Fire District. 6. COUNTY ATTORNEY Lease Termination- The Board approved terminating the lease agreement with Don Wayne Clark and granted permission to advertise Parcel 44 located at 3904 N. Kings Highway. 7. LEISURE SERVICES Parks Swap- The Board approved the swap maintenance responsibilities for Martin Luther King Jr.,lDreamland Park and Indian River Memorial Veterans Park with the City of Ft. Pierce and directed the County Attorney to prepare the appropriate interlocal agreement. ...-"---".-..-"~'- --~- ------ .'" '.,I __"_ _. _"__h"., ADDITIONS MANAGEMENTIBUDGET A.l Resolution No. 99-119- The Board approved the resolution receiving $149,763 for the scoreboard at the Sport Complex and approved the expenditure of these funds A-2. COMMUNITY DEVELOPMENT Small Business Workshop- The Board approved the purchase of advertising in area newspapers for this workshop not to exceed 52,000. REGULAR AGENDA 4. PUBLIC WORKS (1-162) Art in Public Places- For consideration before the Board was staff's recommendation to direct the Cultural Affairs Council to work with the Treasure Coast Builders Association to develop a plan to fund the Art in Public Places program. Com. Barnes stated he would like to see Ordinance No. 99-07 which is being redrafted brought to the level of a public hearing and placed on the agenda in the near future. The County Attorney advised the Board that it will be scheduled for public hearing some time in June. . . The Public Works Director advised the Board of the various funding sources utilized by other counties. Com. Barnes stated he was ready to move forward on the Arts in Public Places Ordinance, but, at the same time, he would like to see staff focusing on what other communities have done to try to get more private participation. Com. Coward stated he concurred with Com. Barnes lliîd in his discussions with stafftoday, the thought was to acquire more input and ideas about private sector funding which would assist the Board in making a decision on the ordinance and if all this infonnation could be provided at one time, the Board would then be more infonned when m~,~ing the decision. Com. Coward stated he would like to set up a meeting with TCBA, however, he feels it could not be done this quickly since he is also recommending not limiting it to TCBA, but, receiving input from other business interests. He would like to receive all the infonnation and possibly schedule the matter to be heard at the end of this month. Com. Barnes stated he was not opposing working with the private groups, but, would like to county to take the leadership roll and then expand it to the private sector. It was moved by Com. Coward, seconded by Com. Bruhn, to direct staff to meet with TCBA, the Chamber of Commerce and other interests to get input on private sector funding and also direct staff to advertise the public hearing for July 6, 199,9 at 7:00 p.m. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. . . . . . .-; l..· 5. COMMUNITY DEVELOPMENT(I-444) Billboard Art Design and New Ads- Consider staff recommendation to approve the art work design for the Landfill billboards and accompanying ads. Com. Barnes requested the public also be made aware that we are the number one destination for scientists and research and maybe the tourists would be attracted to this concept. ;;:'ir.....~:<;.:r.o-.".....-........' ""' ),¡/ Com. Coward complimented the staff on the ads. He also requested our beaches be more visible on the ads since this is one of the county's maIn higIllights and also, the web site showing our beaches with more color. . ',' ., , It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. BOARD COMMENTS Com, Bruhn thanked Mr Jack Doughney for all the,~ork he has done for St. Lucie County. Com. Coward gave his best wishes to Mr. Doughney and thanked him for his efforts in the community. There being no further business to be brought before the Board, the meeting was adjourned at 7:37 p.m. . Chairman Clerk of CircuitCorut _...-.--,~ ;."-",.-",,..-,-<.-,"-~-'"''"''-''~.'.'''-''-''''"~'-.>.''' -'-._~'----" ._~ '.- ,. 06/04/99 S~LUCIE COUNrY - BOARD ...,; PAGE 1 FZABVARR VARRANT LIST 136- 29-MAY-99 TO 04-JUN-99 . FUND SUMMARY ~. FUND TITLE EXPENSES PAYROLL , . . 001 General Fund 112,019.72 0.00 001116 See 112/MPO/FHWA/Planning 98/99 569.56 0.00 001235 TDC Planning Grant 98/99 14.07 0.00 001236 TDC Non-Sponsored Trip Grant 98/99 19,008.00 0.00 001242 98/99 E. M.. P.A. 736.60 0.00 001805 SFWMD/SLSVCD EOlP Program 5,772.47 0.00 101 Transportation Trust Fund 34,324.20 0.00 101001 Transportation Trust Interlocals 1,250.00 0.00 101002 Transportation Trust/80% Constitut 450.00 0.00 101003 Transportation Trust/Local Option 62,075.40 0.00 102 Unincorporated Services Fund 2,847.15 0.00 102001 Drainage Maintenance MSTU 3,364.58 0.00 104 Grants & Donations Fund 18,751.00 0.00 105 Library Special Grants Fund 817.39 0.00 107 Fine & Forfeiture Fund 88,590.63 0.00 140 Port & Airport Fund 9,931.40 0.00 140270 DOT-Land Acq Airport Exp Phase 1 &2 18,534.53 0.00 140306 DOT-New N. Entrance Port Ft. Pierce 11 ,665.00 0.00 160 Plan Maintenance RAD Fund 1,692.39 0.00 170 Court Facilities Fund 3 , 251. 30 0.00 182 Environmental Land Acquisition Fund 106. 98 0.00 183 Ct Administrator-19th Judicial Cir 4,742.91 0.00 183001 Ct Administrator-Arbitration/Mediat 432.83 0.00 183004 Ct Admin.- Teen Court 67.01 0.00 183104 Domestic Relations Officer 98/99 5,979. 15 0.00 183204 Court Reporter Grant-In-Aid 98/99 5,454.00 0.00 183206 FDJJ-Teen Court 98/99 85.45 0.00 183207 Court Transcribing Costs 98/99 607.50 0.00 185201 FHFA~185~SHIP 96/97 25.07 0.00 185202 FHFA- SHIP 97/98 14,793.83 0.00 185203 FHFA-SHIP 98/99 64.80 0.00 186 Recycling Operating Fund 105.84 0.00 186202 DEP-Recycling & Education 98/99 68.95 0.00 316 County Capital 4,525.19 0.00 335 Becker Road Capi tal Fund 1,150.00 0.00 382 Environmental Land Capital Fund 112,676.75 0.00 401 Sanitary Landfill Fund 8,614.46 0.00 401217 DEP-Vaste Tire 98/99 2,507.04 0.00 418 Golf Course Fund 18,218.81 0.00 421 H.E.V. Utilities Fund 414.79 0.00 441 North Hutchinson Island Utilities 3,311.81 0.00 451 S. Hutchinson Utilities Fund 6,856.00 0.00 461 Sports Complex Fund 20,336.52 0.00 491 Building Code Fund 1,579.58 0.00 501 Automated Services Fund 15,785.79 0.00 50S Health Insurance Fund 0.00 7,156.08 510 Service Garage Fund 11 , 060 . 61 0.00 611 Tourist Development Trust-Adv Fund 3,085.58 0.00 r: C~ " '1 :., ._.~~, +.~._ .....v:-.- ,"":I--'-_i..;.:,.,,-.,~:"<;;;""'~;'lcC.~'· .~,;:.';.,....-~ ,,-...'.::~'",'-~~,~ ,',:..;;¡- 06/04/99 '-' ST. LUCIE COUNTY - BOARD .., PAGE 2 FZABTJARR TJARRANT LIST 136- 29-MAY-99 TO 04-JUN-99 , FUND SUMMARY ~~ FUND TITLE EXPENSES PAYROLL 615 Impact Fees Fund 1,288.16 0.00 625 Law Library 95.19 0.00 GRAND TOTAL: 639,705.99 7,156.08 (,::,-, "'-' ) ::-:"-;1' i' ,:: -, , ..~:... ~ .. .. ~ " ~ t:; 06/04/99 ~ LUCIE COUNTY - BOARD """ FZABVARR VOID LIST# 36- 29-MAY-99 TO 04-JUN-99 FUND: 107 - Vfnè'& Worfeiture Fund CHECK INVOICE VENDOR 00243705 99023826 Bethea Ed D, Yanda 99024005 TOTAL CHECK TOTAL: 600.00 625.00 1,225.00 FUND TOTAL: 1,225.00 PAGE 1 .'-" ....., AGENDA REOUEST 2ft ITEM NO. DATE: 6/08/99 CONSENT REGULAR PUBLIC HEARING PRESENTATION X TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) :Leisure Services SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [vi [ ] APPROVED OTHER: John E. Doughney Department Head Donation by WPSL Christmas Kids Total donation by WPSL Christmas Kids to sponsor recreational programs with the St. Lucie County Leisure Services Department will be in the amount of $8500. This donation will benefit the Lincoln Park Community Center Day Camp and will make possible the Port St. Lucie Community Pool Swim Lessons. These funds are currently budgeted under program fees. 001.7216.347210.7104; and 001.7216.347210.7106 None. Staff recommends that the Board of County Commissioners accepts this donation on behalf of St. Lucie County. DENIED as Anderson y Administrator Coordination/Sianatures Mgt & Budget: Purchasing: County Attorney: Originating DePt:~ Finance: (copies only): Other: Other: H : \AGENDA. WPD EFF. 11/4/93 7 . ~ ....., eJ LEISURE SERVICES DEPARTMENT MEMORANDUM FROM: County Commissioners Jack Dougbney. L.s. Direc~ Don McLam, Recreation Mana~~ TO: THROUGH: DATE: April 9, 1999 RE: Donation - WPSL Christmas Kids ****************************************************************************** The WPSL Christmas Kids will be sponsoring recreational programs with the St. Lucie County Leisure Services Department to the tune of $8,500. The two sponsored programs are: Lincoln Park Community Center Day Camp: In 1994, the Christmas Kids started sponsoring camperships at the Lincoln Park Community Center for the Summer Day Camp program. These campers were identified and chosen by the Ft. Pierce Housing Authority. Over the years, this program has served over 200 children. This year's donation will serve 15 more children for nine weeks at a cost of$5,000. Port S1. Lucie Community Pool Swim Lessons: In 1995, this organization also saw a need in Port St. Lucie for swim lessons for at-risk children, ages 1 to 4. This program has taught more than 530 children. This year's donation of$3,500 will serve more than 170 Waterbabies ages 1 to 3 at three pool locations - PSL, Open Space and Paradise Park. Organizations like the WPSL Christmas Kids make living in St. Lucie County safer and more enjoyable. DM/cb H:\wpsl.wpd .-- "VV'"PSL . 1590 __rJ~ ~ ~ t ~ ---. . - mJliûliiJmmliJ~mm mfIPilm OF ST. LUCIE COUNTY March 26, 1999 St. Lucie County Leisure Services ATTN: Mr. Don McLam 2300 Virginia Avenue Ft. Pierce, FI 34982 Re: WPSL Christmas Kids, Inc. Grant Dear Mr. McLam, As you know, the Board of the WPSL Christmas Kids, Inc met on March 25, 1999 to discuss the allocations for the Summer Programs. Your presentation was most effective and the Board is pleased to grant the St. Lucie County Division of Leisure Services the following: Camperships $5,000 Swim Lessons $3,500 The presentation of the check to the Board of County Commissioners will be at 9:00AM, June 8, 1999 in the Commission Chambers. You are providing the children of this county with an invaluable service. We thank you for allowing us to be a part of your efforts. Sincerely, (~~éíûííeqhÆ~) President wpsI.com e-mail:wpsl@gate.net 8245 Business Park Drive · Port St. Lucie, Florida 34952 · (561) 340-1590 · FAX (561) 340-3245 '-" '-' AGENDA REQUEST ITEM NO. ~ß DATE: June 8,1999 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. 99-123 - Proclaiming June 14, 1999, through June 20, 1999, as "SMALL BUSINESS WEEK" in St. Lucie County, Florida. BACKGROUND: Small businesses are the backbone of the local economy, and the majority of the economic base of St. Lucie County is composed of existing businesses. Commissioner Frannie Hutchinson has requested that this office draft a resolution proclaiming June 14, 1999, through June 20, 1999, as Small Business Week in St. Lucie County, Florida. The attached Resolution No. 99-123 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-123 as drafted. COMMISSION ACTION: fl./'APPROVED [] DENIED [ ] OTHER: NCE: County Attorney: fJJ Review and Approvals Management & Budget Purchasing : Originating Dept. Other_: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 · '-" -."""I RESOLUTION NO. 99-123 A RESOLUTION PROCLAIMING JUNE 14, 1999, THROUGH JUNE 20, 1999, AS "SMALL BUSINESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board recognizes the importance of small businesses and its impact on St. Lucie County. 2. Small businesses are the backbone of the local economy, and the majority of the economic base of St. Lucie County is composed of existing businesses. 3. Small businesses in St. Lucie County has played an important role in creating jobs; and supporting small local businesses is an important component of creating a stable local economy. 4. The success of small businesses within St. Lucie County has provided many needed services to the community; and in turn, the owners of small businesses in St. Lucie County give back to the community be donating their time and efforts for the betterment of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim June 14, 1999, through June 20, 1999, as "SMALL BUSINESS WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to utilize the varied services provided by the small businesses of St. Lucie County, Florida. PASSED AND DULY ADOPTED this 8th day of June, 1999. ATTEST: DEPUTY CLERK '-" .....,; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN :.... ~/ ~ '--' AGENDA REQUEST ITEM NO. ac- DATE: June 8,1999 REGULAR [X] TO: BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Manager S1 JBJECT: Resolution No. 99-122 - Accepting a fifty percent payment from the Florida Communities Trust and the donation of the other fifty percent of the cost from the Florida Inland Navigation District for a donation of approximately 33 Yz +/- acres on behalf ofSt. Lucie County for the Environmental Lands Program. BACKGROUND: A Grant Award Agreement with Florida Communities Trust (FCT) and St. Lucie County provided funding for half of the purchase price for this property. The owner of this property, the Florida Inland Navigation District (FIND) entered into an inter-local agreement with St. Lucie County offering to donate the other half ofthe purchase price ofthis property to St. Lucie County. As a result ofthis donation from FIND and the grant from FCT, St. Lucie County's only out of pocket expenses were fifty percent of the due diligence costs. F1JNDS A V AIL: N/A PREVIOUS ACTION: N/A RECOMMEND A TION: Staff recommends that the Board adopt the attached Resolution No. 99-122 as drafted. COMMISSION ACTION: [vr:.PPROVED [ ] DENIED [ ] OTHER: Review and ~provals County Attorney: 'Ì '-b: ~^l Management & Budget Purchasing Originating Dept. ~ Other: Other: Finance: (Check for Copy only, if applicable)___ Eft. 5/96 1'. ~ ~ \ } RESOLUTION NO. 99-122 A RESOLUTION ACCEPTING A FIFTY PERCENT PAYMENT FROM THE FLORIDA COMMUNITIES TRUST AND THE DONATION OF THE OTHER FIFTY PERCENT OF THE COST FROM THE FLORIDA INLAND NAVIGATION DISTRICT FOR A DONATION OF APPROXIMATELY 33 ~ +/- ACRES ON BEHALF OF ST. LUCIE COUNTY FOR THE ENVIRONMENTAL LANDS PROGRAM WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Through an agreement between St. Lucie County and Florida Communities Trust, Florida Communities Trust has paid fifty percent of the cost for approximately 33 ~ +/- acres along the Indian River and the South Savannas; and the Florida Inland Navigation District has donated the other fifty percent of the cost to St. Lucie County. This land will enhance the environmental lands program in St. Lucie County. 2. This Board is appreciative of the donation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby accept the fifty percent contribution ITom Florida Communities Trust and the fifty percent donation ITom the Florida Inland Navigation District for approximately 33 ~ +/- acres along the Indian River and the South Savannas to St. Lucie County for the Environment Lands Program. 2. This Board does hereby take this opportunity to thank the Florida Inland Navigation District for its fifty percent donation of the land for the Environment Lands Program. '-" ......, After motion and second the vote on tlùs resolution was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED tlùs 8th day of June, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY y '" AGENDA REQUEST ~ ITEM NO. 5 DATE: June 8, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: A-I Roof Trusses Ltd., Company - Industrial Development Revenue Bonds - TEFRA Hearing BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-118 as drafted and authorize the Chairman to sign the Resolution. COMMISSION ACTION: 0APPROVED [] DENIED [ ] OTHER: NCE: ~ County Attorney: Jr. Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 ~ -."""I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-708 DATE: May 25, 1999 SUBJECT: A-1 Roof Trusses Ltd., Company - Industrial Development Revenue Bonds - TEFRA Hearing ----------------------------------------------------------------- ----------------------------------------------------------------- BACKGROUND: A-1 Roof Trusses Ltd. Company (A-1) is requesting that the County issue up to $3,000,000 in industrial development revenue bonds in order to finance a roof-truss manufacturing facility in Rese~e Commerce Park in St. Lucie County (see attached letters dated 5/7/99 and 5/10/99 from Mark E. Raymond, Esq.). A-1 is currently in business in Palm Beach County and desires to relocate to St. Lucie County. Issuance of the industrial development revenue bonds requires an allocation of the private activity bond volume cap from the State of Florida. A-1 would like the County to adopt an inducement resolution (attached Resolution No. 99-118). The inducement would not obligate the County to issue the bonds. If the Board determined at some future date to issue the Bonds, the County would not be responsible for paying the debt service on the bonds. '-' -."""I Permission to advertise the TEFRA hearing was granted on May 18, 1999 and the notice of the hearing was published on May 20, 1999. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 99-118 as drafted and authorize the Chairman to sign the Resolution. Respectfully submitted, Daniel S. McIntyre County Attorney DSM/caf Attachment MOYLE, FLANIG~, KATZ, KOLINS, RAYMOND~ SHEEHAN, P.A. A TIORNEYS AT LAW 625 North Flagler Drive - 9th Floor West Palm Beach, Florida 33401-4025 P.O. Box 3888 West Palm Beach, Florida 33402-3888 Telephone: (561) 659-7500 Facsimile: (561) 659-1789 Other Offices: Tallahassee, FL (850) 681-3828 Palm Beach Gardens, FL (561) 625-6480 MARK E. RAYMOND Direct Line: (561) 822-0380 E-mail: mraymond@moylelaw.com May 7, 1999 Daniel S. McIntyre County Attorney St. Lucie County, Florida 2300 Virginia Avenue, 3rd fl. Administrative Annex Ft. Pierce, Florida 34982-5652 Re: A-I Roof Trusses Ltd., Company Dear Mr. McIntyre: As you and I discussed sometime ago, this firm represents A-I Roof Trusses Ltd., Company and its owner, John R. Herring. Mr. Herring is requesting that St. Lucie County, Florida issue up to $3,000,000 of industrial development revenue bonds in order to finance a roof- truss manufacturing facility to be located on a site Mr. Herring owns in the Reserve Commerce Park. Mr. Herring and A-I have been in business in Palm Beach County for 22 years and now wish to relocate in St. Lucie County. The proposed bonds are to be credit-enhanced with a SunTrust letter of credit. Issuance of the bonds requires an allocation of the private activity bond volume cap from the State of Florida. Since there is a limited amount of allocation available, we would like for the County to expedite the "inducement" of the bond issue to allow us to apply for an allocation of the volume cap. The inducement would not obligate the County to issue the bonds. In order to expedite the inducement, my client requests that he be allowed to delay submission of the formal application to a later date, either before or promptly after receipt of the allocation. Enclosed please find an initial draft of an inducement resolution and preliminary distribution list. Since it is required that the TEFRA hearing be held prior to the filing of the allocation request, and since the hearing is requirëd to be held after no less than 14 days' published notice, 0:\01338\115-7-99 me intyre.wpd ~ ..." May 7,1999 Page 2 would you please contact me as soon as possible and let me know when this matter could be placed on a County Commission agenda so that I may make arrangements to have the notice published. A copy of a proposed notice is included for your review. Please contact me at your earliest convenience. ;¡ 1Y YO~S, Mark E. Raymond MER/ams cc: Distribution List G:\Ol338\I\S-7-99 me: inlyre.wpd · :H , 10' 9:=' H) : 08;':'['1 11'Y, , -. F LHl'i I GRfl. L T. AL P.2/3 '-' ....,I MOYLE~ FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. A TIQRJI."EYS AT LAW 625 North Flagler Drive - 9111 Floor West Palm Beach, Florida 334014025 P.O. Box 3888 West Palm Beach, Florida 33402·3888 Tet<:phone: (561) 6S9-i500 Facsimlie: (561) 659-1789 Other Offices: Tallahassee, PL (850) 681-3828 Palm Beach Gudens, FL (561) 625·6480 !\'lARK E. RA YMO:-lD Dir~ct Line: (561) 822-0380 E-mail: mr.¡ymond@œoyldaw.com May 10, 1999 Daniel S. McIntyre County Attorney St. Lucie Count)', Florida 2300 Virginia Avenue. 3rd fl. Administrative Annex Fe Pierce, Florida 34982-5652 Re: A-I Roof Trusses Ltd., Company TEFRA Hearing Request Dear Mr. McIntyre: r spoke with Robert Freeman on Friday afternoon and Robert advised that you will seek permissìon to advertise at the BCe meeting on May 18. 1999. Given the fourteen day publication requirement, this would lead to a TEFRA hearing on June 8, 1999. This would mean that the TEFRA notice would need to published no later than May 2S. 1999. I will contact you on May 19, 1999 to determine whether perm1ssion to advertise has been granted, and if so, I will then make the necessary arrangements to have the notice published. Perhaps on the 19th you and I could also discuss who should attend the June 8 meetìng on behalf of the company. The Resolution tha.t I prepared authorizes the County Administrator to complete the applIcation for allocation in any amount up to $3,000,000. As Mr. Freeman indicated in his May 7. 1999 lerrer to you, the application contains a certification that the amount of bonds ultimately issued wiJl be at least 90% of the amount requested. The $3,000.000 figure is an upset figure, and it is not expt:cted that the Company will request an allocation for that amount ($2.5 million bçing a more likely target). However, please be advised that it is the Company's intention that tht: amount of bonds ulrim..1tdy issued will be 100% of whatever amount of allocation is requested. When it is time to complete the application for allocation r will prepare an appropriate letter from the Company to St. Lucie County confirming this fact. (¡ \'Ò:))~\"J-:~?'> IN 1'1q'c,wpd ¡'1':",' ;C1 ":'i9 1>]: ~]'3Ar'1 ~1(1'," ~. FLA~HGAt', ET. AL ',-, P.3/3 ......,. May 10, 1999 Page 2 Also, Robert: suggested that I address why the Company would like to expedite the TEFRA hearing. There is a limited amount of private activity bond volume cap available in the State of Florida, and in general, it is allocated on a first-come, first-served basis. Unless the allocation is received, no bonds can be issued. Therefore, it is important to expedite the filing of the allocation request. Additionally, because the bonds cannot be issued unless the allocation is received, it seems most efficient to determine whether an allocation is available before spending . the substantial amount of time and effort necessary to proceed with a bond issue. For that reason, only after an allocation is received would the Company participate in the formal review process by the County leading to a decision whether to issue bonds. I hope this letter has been responsive to your needs. Please call if you require anything further. Unless, I hear from you, I will contact you May 19, 1999. Very truly yours, fllJrß, Mark E. Raymond 7 MERJams cc: Distnbution List ç ,ç'::ïJ;)\P,H\i-99 rnt In!)n: wpJ "'" ......., RESOLUTION NO. 99-1/8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA; PROVIDING FINDINGS; PROVIDING PRELIMINARY AUTHORIZATION FOR THE FINANCING OF A ROOF TRUSS MANUFACTURING FACILITY LOCATED IN ST. LUCIE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. IT IS HEREBY ASCERTAINED, DETERMINED, DECLARED AND FOUND THAT: A. St. Lucie County, Florida, (the "County"), a county and political subdivision of the State of Florida (the "State") by and through its County Commission (the "Commission") is authorized by the Florida Industrial Development Financing Act, Part II of Chapter 159, Florida Statutes, and other applicable provisions of law (the "Act"), to issue its industrial development revenue bonds and to use the proceeds thereof to facilitate the fmancing of certain facilities provided for in the Act. B. A-I Roof Trusses Ltd., Company (the "Borrower") desires to construct and equip a roof truss manufacturing facility to be located at 2101 Settle Avenue, Port St. Lucie, Florida (the "Project"). C. The Borrower has requested that the Commission provide preliminary approval of the issuance of the County's industrial development revenue bonds (the "Bonds") pursuant to the Act in an aggregate principal amount not to exceed $3,000,000 to fmance aiportion of the cost of the Project, including reimbursement of prior expenditures of the Borrower incurred for such purpose. D. A determination by the County to issue the Bonds under the Act and to loan the proceeds thereof to the Borrower to finance a portion of the cost of the Project, under an agreement (the "Financing Agreement") which will provide that payments thereunder shall be at least sufficient to pay the principal of, premium, if any, and interest on the Bonds as and when the same shall be due and payable, together with such other costs in connection therewith as may be incurred by the County, will assist the Borrower in the implementation of the Project. E. The Bonds shall not constitute an indebtedness of the County within the meaning of any constitutional or statutory limitation of indebtedness, and the full faith and credit and taxing power of the County will not be pledged to repayment of the Bonds, and the Bonds shall be payable solely from payments by or on behalf of the Borrower pursuant to the Financing Agreement, and no bondholder or other person shall have any right, power or authority to require the County to exercise its taxing power to pay the Bonds or to pay the Bonds from any sources other than payments pledged to the Bonds under the Financing Agreement. F. A public hearing concerning the Bonds and the Project has been held by the Board on the date hereof following required notice. G. Pursuant to the requirements of the Internal Revenue Code of 1986 and the laws of the State of Florida it is necessary to apply to the State Division of Bond Finance for an allocation of the private activity bond volume cap. ~ '...,I H. It is intended that this Resolution shall constitute approval by the Board towards the issuance of the Bonds within the meaning of Section 147(t) of the Internal Revenue Code of 1986. NOW, THEREFORE, THE COUNTY COMMISSION OF ST. LUCIE COUNTY, FLORIDA, HEREBY RESOLVES THAT: 1. Prior to the issuance of the Bonds, the Commission shall receive evidence satisfactory to it that the Borrower is financially responsible and fully capable of and willing to fulfill any obligations which the Borrower may incur in connection with the fmancing of the Project as contemplated by this Resolution. 2. The Board hereby approves the issuance of the Bonds solely for purposes of Section 147(t) of the Internal Revenue Code of 1986. 3. The County Administrator is authorized and directed to execute, for and on behalf of the County, State Division of Bond Finance Form BF-2006-G in connection with the Bonds, in the form attached hereto, completed in any amount not in excess of $3,000,000. 4. This Resolution is intended to constitute a declaration of "official intent" within the meaning of Treasury Regulation Section 1.150-2. 6. The issuance of the Bonds shall be subject to such other conditions as the County may establish subsequent to adoption of this Resolution, including but not limited to any requirement with regard to the method of sale of the Bonds or any requirement with regard to the financial feasibility of the Project. 7. This resolution shall take effect immediately upon adoption by the County Commission. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Cliff Barnes Commissioner Frannie Hutchinson Commissioner Doug Coward PASSED AND DULY ADOPTED this _ day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: DEPUTY CLERK CHAIRMAN G:\01338\I \Induce. wpd 2 '-, ......, Division Serial No. Prior Division Serial No. STATE OF FLORIDA DMSION OF BOND FINANCE NOTICE OF INTENT TO ISSUE BONDS AND REQUEST FOR WRITTEN CONFIRMATION PART I (to be completed by applicant) Date: Name, address and phone number of person who prepared this Notice (confirmation or r~jection will be sent to this person unless otherwise directed): Name: Mark E. Raym::)nd Phone: (561 822-0380 Address: 625 North Flagler ~ive.~ 9th Floor, West Palm Beach, Florida 33401 Issuing Afplcy: St. Lucie County, Florida Company (if applicable): A-I Roof Trusses Ltd., CanPanv Requested Amount: $ No x Is this a Supplementary Notice? Yes Check one of the following: Manufacturing Facility (as defined in Section 159.803(10), F.S.) X Rorida First Business Project (as defined in Section 159.803(11), F.S.) (Governor's Office of Tourism, Trade and Economic Dcvelo;\r.,ent certification m.Y.tt be attached) Multifamily Housing Single Family Housing Other (If IOtherl, specify) Is this a Priority Project under State law? Yes Purpose: Roof Truss Manufacturinq No X s. 147(f) or similar IRC Approval Date: '-' AGENDA REQUEST "wi ITEM NO. 6 DATE: June 8, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ß'mJ.lfs' cj:¡~ f Donald B. W st, P. E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Timberlake Estates M.S.B.U. Potable Water Improvements - FPUA Final Hearing BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: February 17, 1998 - Second Public Hearing held. Board approved the preliminary assessment roll and authorized construction of the project. October 17, 1995 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. August 15, 1995 - Petition accepted. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-114 approving the Final Assessment Roll for the Timberlake Estates Municipal Services Benefit Unit. COMMISSION ACTION: ~PPROVED [ ] DENIED [ ] OTHER: 4-0 NCE: :tk/ [x]County Attorney ~ [x]Publlc Works Dir [ )Finance CoordinationlSianatures [ )Mgt. & Budget [x ]Co. Eng ...t.~\». r [ ]Purchasing [x]MSBU Coor ~-p ~ ...",,¡ ( , , ¡ "._À- COMMISSION REVIEW: June 8, 1999 ENGINEERING MEMORANDUM NO. 99-196 TO: FROM: Board of County Commissioners Donald B. West, County Enginee~ \t\. May 21,1999 DATE: SUBJECT: Timberlake Estates M.S.B.U. Potable Water Improvements - FPUA Final Hearing BACKGROUND: On October 17,1995 the Board adopted Resolution No. 95-192 which created the Timerlake Estates Municipal Services Benefit Unit (MSBU) to levy non-ad valorem special assessments based on the equivalent residential connection method of assessment to fund the potable water improvements. On February 17, 1998, the Board adopted Resolution No. 98-037 which approved the preliminary assessment roll for the MSBU; and authorized the County Engineer to proceed with construction. The project has been completed and final costs have come in lower than the preliminary assessment. The final assessment roll reflects a cost savings due to lower construction costs and accrued interest earned on project funds. Permanent financing will be secured based upon the final cost of the project, thereby lowering the annual payment amounts in lieu of reducing the term of the assessment. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-114 approving the Final Assessment Roll for the Timberlake Estates Municipal Services Benefit Unit. DBW/brp Attachment cc: Staff Concurring Finance Director OMS Manager Tax Collector Property Appraiser ~ -."""I RESOLUTION NO. 99-114 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE T~ERLAKEESTATES~CœALSERVICESBENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on October 17, 1995, pursuant to Chapter 1-13.5 of the S1. Lucie County Code of Ordinances and Compiled Laws (the "Code"), the Board of County Commissioners for S1. Lucie County (the "Board") adopted Resolution No. 95-192 which created the Timberlake Estates Municipal Services Benefit Unit (the "Timberlake Estates MSBU") to fund the cost of a project to provide potable water supplied by Fort Pierce Utilities Authority to the Timberlake Estates Subdivision in unincorporated S1. Lucie County, Florida (the "Project") as shown on the attached Exhibit" A"; and WHEREAS, on February 17, 1998, the Board adopted Resolution No. 98-037 and thereby, (1) adopted the Preliminary Assessment Roll for the Timberlake Estates MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the Timberlake Estates MSBU in the amount set forth in the Preliminary Assessment Roll, and, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for 1998 for a period of 15 years; and WHEREAS, on December 9, 1997, pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 97-242 which stated the Board's intent to use the uniform method of collecting the Special Assessments levied by the Timberlake Estates MSBU; and WHEREAS, on June 8, 1999, the Board reviewed the final costs for the completed Project and determined that the final costs are lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments should be credited in accordance with Section 1-13.5-7 of the Code as set forth in the Final Assessment Roll (Exhibit "B"). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for S1. Lucie County, Florida, as follows: -1- '-" ~ Section 1: The Final Assessment Roll for the Timberlake Estates MSBU (Exhibit "B") is hereby approved and confirmed and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13.5-7 of the Code to reflect the credits for the final Project costs. Section 2: Except for the substitution of the Final Assessment Roll for the Preliminary Assessment Roll, all of the findings, detenninations, and actions made or taken by the Board pursuant to Resolutions Nos. 95-192, 97-242, and 98-037, including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 1998 for a period of 15 years, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 8th day of May, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- .... J 3 "'~2 ..or 61 ~ ql I ;1· I ;, I 4' I ~~I tl« I "--' -' 1, z I c I y I ~I I ~I I ... ~ I -tl: I .~ I ;1 J zl ~ I ~I Z ~I ~I ~ ~I .. II I ~ þ~ ~ % I (I ;~~¡¡ j, I .1 1/ I CI rJ! I ~ I I ::> I I ~I I~ III Ii I '-' ...., MAP OF MSBU . . t t ! f2J. -l (IU-O.aU-'oo¡..) -'- "-I. ~. ~. "I. ,,^-. r::>. ¿"'.IfO W"'T L.N~ ... Ntr-""'.. "-Jlr... .y OC,£...,.,...T...... ~ . . ,......- . I-W..T L,we-... N. ""... N'IoI''A "':. .... tIW'4 Wid:'" ~T .I:c.. ; LIt.Þe- 6V -..vT n.AT '$ ~. I T......C.T . C. ~ .. I Dt'Te-t4TloN "OWO ~I .~. '~-OD/~" ../.) .. "^-- . a .. ..4."" ..... .. : z..&..~.' :"1..1. 37 ~ '" ~ ! . .,.-, .. .)'.~ c- . ! (t.t.t.....,--...,.) - Z. tð.TT ;"t;... ~.. : , wo' ~ 4 -; H 11 ,'.- .... t,.- 0 ) . .. .. tL . "0 ; , ; ,..' '. 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CD ëI1 !!1- ,.. /' -""/ '-" AGENDA REQUEST ~M NO. ~ DATE: June 8, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY{DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Jail Chapel BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: COMMISSION ACTION: 0PPROVED [] DENIED [ ] OTHER: for construction NCE: County Attorney: (f~/ Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 , '-" 'wi I (1 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners Daniel S. McIntyre, County Attorney ¡;J: 99-727 FROM: C.A. NO. DATE: May 26, 1999 SUBJECT: Jail Chapel ----------------------------------------------------------------- ----------------------------------------------------------------- BACKGROUND: As background for this item, I am attaching the following information: 1. Memorandum dated April 13, 1999 from Commissioner Hutchinson 2. Memorandum with enclosures dated April 26, 1999 from the County Attorney 3. Memorandum dated April 28, 1999 from the Human Services Manager 4. Memorandum dated April 30, 1999 from the Central Services Manager 5. Memorandum with enclosures dated May 7, 1999 from the Undersheriff 6. Memorandum dated May 10, 1999 from Commissioner Hutchinson 7. Memorandum dated May 11, 1999 from the Central Services Manager DSM/caf Attachments Copy to: Undersheriff Williams DS r(¡ 1) l\) D ~ r(ì ~ .'wI MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Commissioner Frannie Hutchinson DATE: April 13, 1999 SUBJECT: Board of County Commission Agenda Item # 6 During our Commission Meeting this morning, as we were discussing the above agenda item, it brought forth many questions I would like answered before it is brought back to the Board for a determination. Please provide me with answers to the following questions as soon as possible: #1 What are the legalities of referring to this room as a "Chapel?" We were told that it would be without any religious symbols, just your basic 3,000 square foot room with counseling rooms along the sides and room for seating in the center area. #2 Does the correctional center already have an area that is used for educational classes, passive recreation (reading, board games, etc.) or for gym purposes? #3 What are the legalities of mixing government and religion? Should not all religious groups be recognized? What is the possibility, and our defense if an atheist group contests the purpose of this room, similar to what our School System faces regarding prayers in the schools? #4 What other agencies besides New Horizon's offer counseling that is taxpayer funded? Either through grants (state, federal or local) or by c;,. f, agency funding? . Does the Health Department offer any v\~ \1o\~,J L educational/counseling programs to the inmates? I .jÞ\ 'C\\t!ç.·..,-.,,:;.):',',\: y ''I'" I"""'" ""--.L.-'\" -., ) ,\! ,~ "'~1· ¡ C rìr r. \\... i \/. O'(~\~I, \\ ~'r \ II; \ ¡\ \......\ \ ':', \ ,',i- {::' li'" '~,\;~~I \ 'y '-' '-' April 13, 1999 Page Two #5 Regarding funding from other governmental agencies to the inmates for counseling, educational programs, etc. - would this not increase their budget requests in the future, due to more demand? #6 [)::; () #7 DlJ D lL) #8 #9 D LLJ We were told that the original construction costs would not include any taxpayer dollars. All funding would be donated. However, the maintenance budget for the jail would have to increase to cover future general maintenance of the room - would it not? Would staffing have to be increased? Would not a minimum of one staff person have to be in attendance at all times, while the room is being used, to monitor the inmates? Are inmates transported to any other facility for educational, counseling or religious purposes? Do any local churches currently conduct services or educational programs for the inmates at the jail? If so, where are the services held? P \',J #10 Is the inmate law library at the jail still open and being used by the inmates? If so, could this room be used for services? #11 DLJ Is this room, in reality, just an expansion of the jail for other uses? If so, should it be identified, looked on and used as such (an activity/recreation room) in order for us to avoid any potential law suits? Sincerely, Frannie Hutch·nson County Commissioner, District 4 #99-90 cc: County Administrator '-' 'wi INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners Daniel S. McIntyre, County Attorney ~ 99-555 FROM: C.A.NO. DATE: April 26, 1999 SUBJECT: Construction and Operation of Chapel at County Jail ----------------------------------------------------------------- ----------------------------------------------------------------- Attached is a copy of State of Florida Attorney General Opinion 077-55 (June 17, 1977) concerning, among other issues, whether maintenance of an area within a county jail for conducting religious services is prohibited by either the Establishment Clause of the First Amendment to the United States Constitution or by Section 3, Article I of the Florida Constitution. As indicated in the opinion, the Attorney General has determined that neither the First Amendment of the United States Constitution or Section 3, Article 1 of the Florida C~nstitution prohibits a local government from maintaining an area within the county jail for religious services, provided that the religious facilities are provided on a nondiscriminatory basis, with no sect or denomination given preference over another. In reviewing recent court cases, it appears that courts, similar to the Attorney General's office, view the maintenance of an area in the jail for conducting religious services for inmates as a positive factor provided the facilities are used on a nondiscriminatory basis. If you have any questions, please let me know. DSM/caf Attachment Copy to: County Administrator Management & Budget Manager Sheriff (w/out attachment) " lEY GENERAL ANNUAL REPORT OF THE ATTOR:-i'EY GENERAL 077·55 'ficio member of State Plannin ),:erno:, Comptroller, and Stat~ llstratlOn); Whitaker v. Parsons, one or two offices is dependent 077-55-June 17, 1977 ! distinct so that the officer wand, while acting in th~ t law, then he holds two ). 120.] ~ted ?y the Legislature in 1959 :~c~o,n, that is, providing and listnct.s gc;>verning board was nd maIntal~ whatever facilities h~ d~struction of the properties s IncIdent to the operation of a 19:1806, ~aws of Florida. To 'z:¡zed to levy and collect taxes nct. See ss. 12 and 20, Ch. 59- )ard of commissioners are not :i of ~ommissioners, they are ,~ entity from the county, and .lfferent and independent law ~r for St. Lucie County and ~ In two distinct and separate of the Census of the United y tha~ if. the board of county fire district, the district would ral reyenue sharing purposes. 'al UnIt of special government, s, ~re~ted pursuant to general )ecIalized functions, including 218.31(6), F. S., defines a governing head is the local ~et is established by the local , 18, F. S., the Uniform Local definitions, it appears that make the board of county ,r¡t would operate. to bring the dependent specIal district" 4(2), which provides: ' ¡all be contáined within :ld clearly stated as the orting shall be made in nt. CONSTITUTIONAL LAW PROVISION OF RELIGIOUS FACILITIES AND SERVICES OF CHAPLAIN IN COUNTY JAIL BY SHERIFF-DOES NOT VIOLATE ESTABLISHME~'T CLAUSE To: A. L. Johnson, Santa Rosa County Attorney, Milton Prepared by: Patricia R. Gleason, Assistant Attorney General QUESTIONS: 1. Are any of the followin~ practices prohibited by either the Establishment Clause of the Fll"St Amendment to the United States Constitution or s. 3, Art. I of the Florida Constitution: maintenance of an area within a county jail which is used for the conducting of religious services for the inmates; maintenance of a rent-free office within a county jail for the use of the prison chaplain; or use of public funds to employ a chaplain to minister to the inmates at the county jail? 2. If the answer to question 1 is in the negative, is the board of county commissioners authorized to establish such religious facilities at the county jail or com~ensate the prison chaplain from the general revenue fund of the county. < j I :-:: special district" is, however, Management and Reporting )ect to state revenue sharing d1.11ent to Ch. 59-1806, Laws .v¡ll .not affect the district's . o~~.ts government head, ex SUMMARY: Neither the Establishment Clause of the First Amendment to the United States Constitution nor s. 3, Art. I, State Const., prohibits the maintenance of religious facilities within the confines of the county jail or the compensation from public funds of a chaplain to minister to the religious needs of the inmates provided that such facilities and clergy are made available to all inmates regardless of religious belief and that no one religion is given preference over another. The internal operation and equipment of the county jail is the responsibility of the sheriff, subject to applicable rules and regulations promulgated by the Department of Offender Rehabilitation. Accordingly, the nature of religious facilities provided at the jail is within the discretion and jurisdiction of the sheriff, provided that no expenditure of funds for construction, repair, or cafita! improvement of the county jail is involved. Should repair or capita improvement of the county jail be required to provide religious facilities at the county jail, expenditures for such pu!pose would have to be authorized by the board of county commIssioners. Public funds may not be expended by the board of county commissioners to compensate a prison chaplain to service inmates of the county jail. However, the compensation of such chaplain may be included in the office budget of the sheriff and paid out of duly appropriated and budgeted moneys of that office. . I" ¡ AS TO QUESTION 1: "¡'q' :i!,ij ~ .".!\ t, !~i.: lH¡:¡ ,! tiî' : II,:!!:¡ ; I:¡,; I ¡, q I! ,I':id '¡ d I:' !I 'I:: :11 ,\. : :i :, ' , 1'1 " ," Your first question is answered entirely in the negative. The Establishment Clause of the First Amendment to the U. S. Constitution prohibits the state from aiding, endorsing, or promoting particular religions. Abington School District v. Schempp, 374 U. S. 203 (1963); Engel v. Vitale. 370 U. S. 421 (1962); Everson v. Board of Education 330 U. S. 1 (1946). The Free Exercise Clause embraces the freedom to believe, and the freedom to act according to those beliefs, and thus prohibits the state from inhibiting the practice of religion. Cantwell v. Connecticut, 310 U. S. 296 (1940); Walz v. Tax Commission, 397 U. S. 664 (1970). Both of these principles embodied in the First Amendment are applicable to the states by operation of the Fourteenth Amendment. Torcaso v. Watkins. 367 U. S. 488 (1961); Cantwell v. Connecticut. supra. : I " " 117 077-55 ANNUAL REPORT OF THE ATTORNEY GENERAL ANNU AI Similar concepts of religious freedom have also been guaranteed by the Florida Constitution under s. 3, Art. I: Applying the foregoing E.>tablishment Clause of t! of an area within t~e San! Sè!rvices or the mamtenar. purpose of religious couns and the inmates or the u: model penal and correctl chaplains to minister to t1- jails as well as state and fe on the Legal Status of p¡ Status of Prisoners, s. 6(31 Jail Administration, s. 21 Crime and Treatment of Prisoners, Rules 41, 42 Standards and Goals, Con opinion, proscribed by s. 3 not yet considered wheth¡ Art. 1. be provided for pn courts have genera~y b.ee United States ConstltutlOr Singleton v. Woodruff, 13 Rights, State Const. ~8~5 immunization of relig¡o\; Accordingly, I am of tl determination, the maint. public funds to compensat not violate s. 3, Art. I, St on a nondiscriminatory another. See and compar¡ D.C.A. Fla., 1960); Nohrr 1971); Johnson v. Presbyt. County, 202 So.2d 833 (3 of Trustees, 115 So.2d 69~ in state penal institution: Department of Offender in such institutions. See Offender Rehabilitation" proper instruction of t Additionally, it should be of religious services with and restriction as may be v. McDonnell, 418 U. S. that there must be mutu;' and the provisions of th¡ reI. Singleton v. Wo0W:u' sheriff may deny perrms~ and hallways where such or endanger prison secur There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. The establishment of religious facilities in penal institutions, and, in particular, the payment of clerics by the state to minister to inmates in such institutions, has required the judiciary to examine the relationship between the Establishment and Free Exercise Clauses. In O'Malley v. Brierley, 477 F.2d 785 (3rd Cir. 1973), the court described its dilemma in the following ma=er: Is the creation by the state of an official position for a cleric, granting to him in a state building access to members of a state-controlled prison population state "sponsorship, financial support, and active involvement... in religious activity?" (Walz v. Tax Commission, 397 U. S. 664, 668 (1970).) Conversely, is the refusal by a state official to permit officially designated ministers of religion to counsel state-controlled prisoners on state property, state "inhibition" of religion? [447 F.2d at 792.] Although the Supreme Court has not yet expressly decided whether or not state. supported religious facilities and clerics in prisons violate the Establishment Clause, see Abington School Dist. v. Schempp, supra (J. Brennan concurring 297-298), this issue has been explored by the lower federal courts. Thus, in Kahane v. United States, 396 F. Supp. 687,698 (E.D.N.Y. 1975), aff'd, 527 F.2d 49 (2nd Cir. 1975), the court analyzed the "unique area of tension" between the Free Exercice Clause and Establishment Clause in which prisons are located: [W]here the government has total control over people's lives, as in prisons, a niche has necessarily been carved into the establishment clause to require' the government to afford opportunities for worship. . .. Thus, in the prison setting the establishment clause has been interpreted in light of the affirmative demands of the free exercise clause. See also Horn v. People of California, 321 F. Supp. (D.C. Cal. 1968), aff'd, 436 F.2d 1375 (9th Cir. 1970), cert. den'd, 401 U. S. 976 (1971), holding that the payment of funds to prison chaplains does not constitute an establishment of religion. The impact of the Fourteenth Amendment upon the right of prison inmates to practice their religion has also been considered in recent years. It has been held that the Fourteenth Amendment precludes prison authorities from indirectly and unreasonably disfavoring the practices of some religions by prison inmates. See Cruz v. Beto, 405 U. S. 319, 322 (1972) (while clergy need not be provided for every sect "regardless of size," comparable opportunities for religious practices must be afforded); Knuckles v. Prasse, 302 F. Supp. 1036, 1057 (E. D. Pa. 1969) (inmates entitled to have access to Muslim minister where prison officials permitted visits by Catholic, Protestant, and Jewish clergy); X (Bryant) v. Carlson, 363 F. Supp. 928 (E.D. Ill. 1973) (no willful religious discrimination exists where prison officials demonstrated they were willing to contract for, and pay, on a per visit basis, a Muslim minister in same manner as for Catholic, Protestant, and Jewish clergy); Long v. Parker 390 F.2d 816 (3rd Cir. 1968) (case remanded to determine whether prison's failure to provide Muslim ministers constitutes discrimination when other faiths were provided clergy); Northern v. Xelson, 315 F. Supp. 687 (N.D. Cal. 1970), aff'd, 448 F.2d 1266 (9th Cir. 1971) (state that provides Protestant, Catholic, and Jewish clergy to prison inmates must also pay Muslim minister pursuant to and in accordance with rates paid to other faiths); Annot., 12 A.L.R.3d 1276. But cf Gittlemacker v. Prasse, 428 F.2d 1 (3rd Cir. 1970) (the requirement that the state impose no unreasonable barriers to free exercise of inmates' religion cannot be equated with suggestion that the state has an affirmative duty to supply every inmate with a clergyman or religious services of his choice). AS TO QUESTION 2: Although the sheriff "¡ care and keeping of cou: been held that in the ab, of the [county jail] and t ()f the sheriff." Baughel Accord: Brown v. St. Lu that the countv jail is w look out for"; AGO 07·k: of the jail"; 60 Am. Jur: The sheriffs respons1l 30.49. F. S., which pro"! 118 't.\L eed by the F10rida r prohibiting or tall aot ;ustifv reveaue'o1' th~ taken ,'rom the 'ct. or religious i. in particular, the ~tions, has required t and Free Exercise COUrt described its ncing to him in opulation state in reli'fious Converselv is ters of religion 'inhibition? of ther or not state. shment Clause, see 298), this issue has 'tates, 396 F. Supp. alyzed the "unique 1t Clause in which ; in prisons, a :0 require the n the prison 1e affirmacive rd. .!;36 F2d 1:375 ;ment 01' funds to lmates to oractice en held that the .lnd unreasonabl v 'I. Beto. .!05 U. s. 'gardless 01' size." luckles v. Prasse. lccess to :,[uslim :ant, and Jewish willful reli'fious ·iIling to contract c as for Catholic Cir. 1968} (cas~ .:sters constitutes ;''(;: 315 F Supp . .(~es Protestant. : :.: ~';;~r: pursuan~ ~'.<'. 1.2,/ b. ,Bu.t c{. . ,t, :')t~lte impose ... "'lè:ated with ~ rT\:lte wi th a ..\:-;:'\L.\L REPORT 0F THE ..\ T[OR:'\EY G:::: ::::~.-\L 077 ·,~.l \:Joiying the fOre!501::g principles to your inquiry. [ ~m ,:' ::~e ,¡oil1iol1. that the :,,;Siiòhmem Clause or the Flrst Amendmem does [Jot protllO:: ":::ler the mamtenance -.:';.. .lrea within the Sa!1ta Rosa County .Jail to be used for ::-.~ ~~nduc:in!5 01' reiigious ·..·':.-..(es or the maintenance of a rent·free office within the cG::::::es or' t,:e jail for the " ···:o:õe 01' religious crJUnseling or other religious communicaticr.': :~etween the chapiail1 ....... one inmates or the use of public fU:Jds to compel1sate the ê:-.a:>iain. :'.\ number of ::::~i oel1al and correctional codes advocate the provisions ::- religious facilities or .. . o!ains (Q minister w the religious needs of prisoners confine¿.n county or municipal ,.':'; clS well as staee and ,'ederal prisons. See ..\merican Bar ,.\sscc:a:iGn. ·Joint Committee ::.. :he LeO'al Status oi Prisoners, Tentatió'e Draft of Standar¿s R¿iatinq to the Legal ,::,:r:~$ o(Prisoners. s. 6(;3)(b) , Ie), (e), iÍÌ (1977); :--ïational Sheri;:> .J...òsociation :,[anual of .~ ':, ..\dministration, 5. 21m. (1970); Fourth Cnited :'\aeions Cc::5"'"ss on Prevention of ":':':ne and Treatment of Offenders. Standard .vlinimum R",·¿s '~Jr the Treatment of ;~:~'oners, Rules .! 1, .!2 r 195,5ì; :'\ational ..\dvisory Commissic::J'l Criminal .Justice ~'l"l'ards <1nd Goals. Cor,-ections. s. 2.16 (1973).] :'Ioreover. such :rJ.c:ices are not, in :n': ~;'!;'i~n, proscribed by s. :3, _.\rt. !, Staee Const. ..\Iehough the F'Gr-:¿a Supreme Court ha's ~." n~t considered wheeher or not religious facilities or clergy ::-.a::. consiseent with s. :3. ;,~.;.. L be provided for prisoners serving sentences in Florida ;;~~.a: institutions. Florida : ··,::·:s have generally been guided by cases decided under the ?irst Amendment to the :_"::l:ed States Constitution, when considering the meaning of s. :3. .J...r::. !. See State ex rei. .~in:zieton v. W oodrurr, 13 So.2d 704, 705 (1943). holding that s. .j 0~ the Declaration of :<':7htS, State Canst. 1885 (now s. 3, Art. I, State Const.) "mere::: ~,"i'l1'orced the Federal ::n;'unization of religious liberties"; and the Commentary i:: 25 FS..\. 83 (1970). ;\ccordingly, I am oî the opinion that. in the absence of. and pending, judicial .ietermination, the maintenance of religious facilities in coumy ;ails or ::he payment of aubIic funds to compensate a chaplain serving the religious needs ,,,' such prisoners does ::ot violate s. 3, Art. !, State Conse" provided that such religious :'acilities are provided 'In a nondiscriminatory basis, with no sect or denomination ;:':en preference over ¡nother. See and compare Brown v. Orange County Board of P::J. Inst.. 128 So.2d 181 (2 D.c...\. Fla., 1960); :'\ohrr v. Brevard County Educational Fac. .J....::;.,,, 2.!7 So.2d :304 (Fla. 197L: .Johnson v. Presbyterian Homes of Fla., Inc., 239 So.2d 256 ?:a. 1970); Paul v. Dade Countv, 202 So.2d 833 13 D.C.A. Fla., 1967); Southside Estates 3aptist Church v. Board ;r' Trustees, 115 So.2d 697 !Fla. 1959). lIt should also be noted t::::.: c;"apels may be found ;n state penal institutions and that nondenominational chaplai::s are employed by the Deoartment of Offender Rehabilitation to serve the religious ::eeis of inmates confined :!'l such institutions. See s. 94.!.1l, F. S., providing, inter alia, ::~a: the Department of Offender Rehabilica,ion "shall adopt such regulations as ie may ·:eec.: proper . for the proper instruction of the prisoners in their b<:sic. mora~ ::.~:d. religious duties."] ..\dditionally, it should be emphasIzed ,hat the use or reltg-lOus !3.c:.:::es or the conductmg 'J[ relicious services within the confines of the county jail is 5;,:c~ec: to such regulation ,l!'ld re~triction as may be !'lecessary to ensure the efficient [unctle:::::,;;- of the jail. Cf Wolf ':. :'lcDonnell. 418 C. S. 539, 556 (197.!i. in which the C. S. SL:~~"",e Cour:: recognized :~.at the!'e must be mutual accommodation beeween the institut:c_al ::eeds and objectives lnd ,he provisions of the Constitution that are of general appl::2.:ic!'l. See al$o Scate ex -,'I. SinO'leton v. Woodruff. 13 So.2d 10.! ¡Fla. 194:3): and ..\GO 0.~~·~5ü concluding chat a ~::.eriff ~av deny permi5sion to religious groups seeking to hol¿ 3e:·";:ces in jail corridors ~nd hallwõ. vs where such services would inten'ere with the nor",:;,: :':.;:¡ctioning of the jail {)r er:.dange-r prison securi1:Y· ..\S TO QCESTIOi\" 2: ,-\lthou<7h the sheriff "has no exclusively inherent or constitut:c::a: ~::;ht co the custody, care and "keeping of COU'lty convicts" [Lang v. \Valker, 55 So. 73 SO F:a. 190:3)], it has ~een held that in ehe :1bse!'lce of a constitutional description of h:s:>.:::es. "the operation r)f the [countv jailì and the control and custody of the inmates ::~=r,,;n a!'e in the hands ')t' the sheriff." Baugher v. .-\lachua County. :30:) So.2d 838. 2-:3:" ~ DC...\. Fla., 1975ì. . ;cr:ord: Brown v. St. Lucie Count\". 153 So. 906. 90S (Fla. 1:):3:3 ·x~e:'ein it was stated ":~at the count'· jail is county DropÙty which the law requires t;"e 5~.er::::o ··manage and .',nk out for"; AGO O~ -k~66. hOlding that the sheriff is responsio:~ :'::. "e8c:ent oper:ltiol1 ,)f the jail"; 60 Am. ·Jur.2c! Penal and CJrrer:t:unal !n$Ulut;ol:,;' :' The sheriff's resDonsibiE,v for the ooeration of the count': ia:: ::õ ".ade ,lpparent by s. ·~l).'¡9. F. S., which' pro,·ictes- in pe!'[inè~t part: . " 119 077·55 ANNUAL REPORT OF THE ATIORNEY GENERAL - (1) At the time fixed by law for preparation of the county budget, each sheriff shall certify to the board of county commissioners a proposed budget of expenditures for the carrying out of the powers, duties, and operations of his office for the ensuing fiscal year of the county. The fiscal year of the sheriff shall henceforth commence on October 1 and end on September 30 of each year. (2) The sheriff shall submit with the proposed budget his sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of the office for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriffs office and jail other than construction, repair, or capital improvement of county buildings during the said fiscal year. The expenditures shall be itemized as follows: (a) Salary of the sheriff. (b) Salaries of deputies and assistants. (c) Expenses, other than salaries. (d) Equipment. (e) Investigations. (f) Reserve for contingencies. (Emphasis supplied.) Section 30.49(4), F. S., authorizes the board of county commissioners to "amend, modify, increase or reduce any or all items of expenditures." This section, however, only authorizes the board to increase or reduce by lump sum the six items set out in the statute and does not empower the board to "dictate how the monies [sicJ allocated by any one item can be used." Weitzenfeld v. Dierks, 312 So.2d 194, 196 (FJa. 1975). The Weitzenfeld court further held: We find the internal operation of the sheriff's office and the allocation of appropriated monies [sic] within the six items of the budget is a function which belongs uniquely to the sheriff as chief law enforcement officer of the county. [[d. at 196.J See also s. 30.53, F. S., providing in pertinent part the "[tJhe independence of the sheriffs shall be preserved, concerning the purchase of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such personnel. . . ." Applying the foregoing statutes and authorities to your inquiry, it appears that the establishment of religious facilities within the confines of the county jail coo.stitutes part of the operatioo. of the jail; and heo.ce, the nature of such religious facilities so provided is within the discretion ao.d jurisdiction of the sheriff, provided that 0.0 expenditures for construction, repair, or capital improvement of the county jail are involved. Attention should also be directed, however, to s. 951.23(2)(a) and (b), F. S., which authorizes and directs the Department of Offender Rehabilitation to adopt rules and regulations prescribing standards and requirements with reference to: (a) The construction, equipping. maintenance, and operatioo. of county and municipal detention facilities; (b) The cleanliness and sanitation of county and municipal detention facilities; the number of county and municipal prisoners who may be housed therein per specified unit of floor space; the quality, quantity, and supply of bedding furnished to such prisoners; the quality, quantity, and diversity of food served to them and the manner in which it is served; the furnishing to them of medical attentioo. and health and comfort items; and the disciplinary treatment which may be meted out to them. Pursuant to the foregoing statutory authority the Department of Offender Rehabilitation has promulgated Rule 33-8.09 F.A.C. providing in relevant part: (1) The officer-in-charge [sheriff] should make maximum use of programs available through local community resources. (2) The following is a partial list of agencies that may provide services to prisoners . . . Ministerial Associations. 120 ANNUAL R (7) Rules and regulati the following . . . his p, rehabilitative or service charge of the detention f; Additioo.ally, the pa>:nent. of ~heriffs budget subrrutted m , As to whether the board 0; e;ocpenditure of co.unty funds t( ditferent conclusion must be powers which have been coc.fe See also State ex rei. V olusia ( J¡¡. In this regard, I find no s: funds to compensate or empl Compare s. 951.06, F. S., req captain and such p~rsonnel a laboring on the publIc works OJ be paid out of the ge~~ral rev¡ find a statutory ~rOV1S¡On wh¡. commissioners WIth resp.ect to Alachua County, suprçz. In whl to construct and proV1de fund> holding that it thereby becc jail. . . ." Accordingly, the maintenan( jail is the responsibility of, aI subject to applicable rules pro pursuant to ~he provisio~s of s. may authonze th~. r~palr or c; establish such facilitIes or cha¡ his budget "estimated aJ??unts the sheriff's office and JaIl oth county buildings. . . ." (Empha 077-56--June 17, 1977 "LEGISLATIVE AP GAS TAX ~ To: Dan L Scarborough, Senato Prepared by: Sharyn L. Smith. Research Assistant QUESTION: May the Legislature au joint resolution? SUMMARY: The Legislature may no by joint resolution under Section 339.12(5)(d), F. S., pro \L budgee. each 'Jsed bud gee of er~Hions of his ~e sheriif shall . each year. om certificate. 'essarv for the Each 'proposed 'pf!ndi:ure5 for "! constru.ct~on.. aid ¡iscal year. sioners co "amend :Üon. however. on),: :ems see oue in ehe ;lC] allocaeed bv anv )6 I Fla. 1975)~ The = allocaeion of :":.mction which of the county. :ience of the sheriifs oment. selection of innel it aDoears thae ehe jail êònstitutes part lcilities so provided no expenditures for mvolved. :\teention lieh authorizes and es and regulations of county and ·'pal detention TI::lY be housed ind supply of ··",sitv of food '.l:1~ to' them of '~~t;:: ~reatment ·.^.':n,. Rehabditation 'Ii ~r0,~~1~.S 'I-:':'\':('p~ :() :\~~lT.-\L REPORT OF THE .-\ TIOR~EY GE:\=:?..':"::' on-.56 (7) Rules and regulations shall be adopted to permit visits ....::~... ;:risoners by :he following his pastor any persons who are pa:::::;:acing in any rehabilitacive or service program approved and auchorizeè.::: :~e officer· in- charge of the detenÜon facility. \c:cii:ionally. the payment of funds to a prison chaplain may '::e :::cl'.:ded within the ,,,t'!'irfs budget submicted in accordance with s. 30.'19. F. S. \5 to whether the board or county commissioners may inde;:e:::,,:,.::y auchorize the ..x::enditure of county funds to compensate a prison chaplain. I a::: ::' :=--e opinion that a .,.:'¿rent conclusion must be reached. ~oncharter counties rr.a:: exercise only those .;';""ers which have been conferred upon them by law. Section Hf:. .~:. VIII. State Const. <,"! ai:;o State ex rei. Volusia County v. Dickinson. 269 So.2d 9. E ::0.. 1972); AGO on· ¡Ii [n this regard. I find no statutory provision authorizing cou::::es :0 expend county :\:nJs co compensate or employ chaplains to minister to inma:es ac the county jail. Cum:Jare s. 951.06. F. S.. requiring the board of county comrr":ss:oners co employ a ,::lDt;in and such personnel as may be necessary to guard cou:.::: ;:risoners who are :"GorinO' on the public works of the county and providing that sala::es of such employees :)t! oaict"out of the general revenue fund of the county. See also s. ~.jUJ3. F. S. ~or do I :inj a statutory provision which purports to vest any authority i:. ::-.e board of county ,:ommissioners with respect to the internal operation of the cou:,.::: ~ail. Cf Baugher v. .\"\chua County. supra. in which it was stated: "[t]hat the defer.c.2-::: county has a duty . 0 construct and provide funds for the operation of the jail can :"'2.~ily be the basis for 'widing that it thereby becomes responsible for the day·to":3-:: operation of the 'ail ,. . :\ecordingly, the maintenance of existing religious facilities or 2.:~'-apel at the county .'Iiì is the resDonsibilitv of. and within the discretion and jur:sc.:c::on of. the sheriff. ,ubject to app'ticable rúles promulgated by the Department or C::en¿er Rehabilitation :)Ursuant to the provisions of s. 951.23. F. S. However. the board o:·:01.:.:'.:y commissioners :nay authorize the repair or capital improvements of the coun::: :aii :0 ;:rovide for or "oitablish such facilities or chapel. See s. 30.49. F. S., requiring ::-.~ 5=--eriif to include in ',," budget "estimated amounts of all proposed expenditures for c~~~a:ing and equipping ''1e sheriffs office and jail other than construction, repair, or c.::::d ¡mprol'ement of '.!I'wty blÚldings. ." (Emphasis supplied.) Section 125.0l(1\\ci.: .3" c/ s. 130.01, F. S. l)ii-56-June 17, 1977 LEGISLATION "LEGISLATIVE .\PPROV.-\L" FOR L'SE OR PLEDC OF FIRST GAS TAX FlT.'-iDS )¡Œ.-\~S ST.-\TL'TE A:-:: .'-iOT JOI~T RESOLL'TIO.'-i T!i Dan r Scarborough. Senator. ïth Discrict. Tallahassee P"!'{)(Lred bv: Shann L. Smith. Assistant Atturney General. c", ., ;s:yr: I,Vilson. Legal . R¿search Assištcnt (lU:STION: :'tray the Legislature authorize the use of. or pledge. ::-.e first gas tax by joint resolution'? :-;C:'tŒARY: The Legislature may not authorize the use or pledge 0:· ¡he first gas tax by joint resolution under s. :J:J9.1~(5)(d), F. S. :~~~\'ti()n :1:39.1:2(,-)"¡d'i, F S.. providès: L2l ~ "'wII HUMAN SERVICES MEMORANDUM # 99-52 fJ1 ~1 qOI TO: Douglas M. Anderson, County Administrator Beth Ryder, Human Services Manager a ~ FROM: SUBJECT: Response to question #4 and 5 on Memorandum No. C.A. 99-568 DATE: April 28, 1999 4. What agencies other than New Horizons offer counseling that is taxpayer funded? Either through grants (state, federal or local) or by agency funding? Does the Health Department offer any educational/counseling programs to the inmates? New Horizons is the primary agency that offers taxpayer funded counseling at the jail. The Health Department has a community outreach program for HIV testing and counseling that is 100 % funded with a federal grant and services are provided at the jail when an inmate requests access to the program. Local churches are involved in outreach with the inmates and volunteers provide an Alcoholic Anonymous and Narcotics Anonymous program. IRCC offers a GED program that is paid for through the Inmate Welfare fund. Career Quest is another program jointly funded through IRCe and the Inmate Welfare Fund which is a life skills program. 5. Regarding funding from other governmental agencies to the inmates for counseling, educational programs, etc. - would this not increase their budget requests in the future, due to more demand? Currently, the county is mandated by statute to provide psychological and mental health services at the jail. Expenses for other programs (i.e. religious, educational) are funded by the Inmate Welfare fund, which is a fund that is generated by excess funds collected from inmates using the cafeteria and the inmate store. Please advise should you need additional information. .r"~:~ j U l:.--~ ~ M~Y-a3-~9 al:25 PM Ç~~TRAL.SERYICES :56~.-·~2 1444 p.el ....,.. "" MEMORANDUM TO: Dc ug Andenon, County Administrator CENTRAL SERVICES ~\ þ(- . ( '\f'~£~ h'~ µ ~1: FROM: N¡"k Drag!l~h, ManQgcr, Central Service! DATF.! April30i 1999 SUBJECT: YOlT .Memo 99-99 - Commiuloner F.Hutcbinson's Question 6 There wHJ be 111 increase ill utility cost! and lightIng, security, fire and AlC system maintenaltce eo! ts hut not aIgnificant relatIve to the Rock Road Jail total facmty. (Housekeeping Is performed by {"mates}. However, the ad :fition of the cbapel canDot be considered a sJmple instAllation and the fallowing Items 51 ould be taken into consideration: 1.0 Tbe chapel AlC system most be designed to tie into the engineered AlC Iy~tem !{)r Indoor Air Quality changes scheduled at Rock Road JaiJ. AU systems will be linked t} a Building A/C management system. At present only B pods and medical ar ~ on 3 slmHar system. 2.0 1t is anticII ated tbat aU exbting systems at Rock Road JaJJ are also required for the chapel. This Includes: Security - (amCfa3, door- contro15 and communIcation links tied to central cootrol. Other - 'ire alarm and light contrQI systems tied to central control. - ,'.prinkler system 3.0 Dtpending on occupancy, size, the chapel may require Integral restrooms which would hav{ to be ADA accessible and tie into existing plumbing and sewers. -_. Baslca)})', the cha Jel ~hould be a fuJi-engineered structure meeting aIJ Jail and County requIrements. /ð7~ ND:bk NICK DRAGASH :iJ rr,~ U. ~U~f1ìi :',: 11 . I - 3 1900 !.. L ,_ L L___ ":-- ,. ".' , , ..,. - --.----..J -', .::'T!Œ . ---- - .....---.-. ..__ 4__ ....,. ...." TO: Nick Dragash, Central Services Manager FROM: Commissioner Frannie Hutchinson DATE: May 10,1999 SUBJECT: Proposed Rock Road Correctional Center Chapel In regard to your responses to my questions concerning the proposed Rock Road Correctional Center Chapel - please provide me with the expected costs and who wi II pay for them? FH/lm #99-108 cc: County Administrator County Attorney .'\ n (W. \(Jr.. \V ....., ...." . ò~\\ ~D'\0~ MEMORANDUM CENTRAL SERVICES ~- .. f' ¡/);/) P I ~ /1 Cr~ \ ,,",, . / .' £; TO: D( ug Anderson, COUDty Administrator FROM: Ni.'k Drngs:lh, Manltgcr, Central Sen'ices DA TF.~ Ap rU 30, 1999 SUBJECT: YOJr Memo 99-99 - Commiulonec F.Hutcbhuont¡ Question 6 There wHl be 81 increase in utility cost! and lightIng, security. fire and AlC system maintenaltcc CO! ts hut not IIlgnificant relative to thë Rock Road Jail total faci1ìty. (Housckeepine Is performed by ("mates). However, the nd :Htion of the cbapel cannot be conJtdered a sJmple instltl1ation and the following Items 51 ould be taken into consideration: The t:hapcl AlC system must be de.ilgl1cd to tie into the engineered AlC sy!tem fûr Indoor Air QuaHty changes scheduled at Rock Road JaiJ. All sYstems will be linked t} a IltIiIding AIC management system. At present only B pod$ and medical ar ~ on :J similar system. It Is anticll ated tbat all exísting systems at Rock Road Jail are also required for tbe chapel. This Includes: Security - (amcras, door- controls and communIcation links tied to central control. Other - 'ire alarm and light control systems tied to central controL - :prinkler system Dtpending on occupancy, size, the chapel may require Integral restrooms which would hav( to be ADA acceulbJe and tie into existing plumbing and sewers. Basically, the cha Jel ~houId be 8 fuJi-engineered structure meeting aU Jail and County requIrements. ND:bk fõ7~ NICK ORA-GASH , . I .!JE rr~ ruJ7JL~ i - 3 I9æ l! L '- L__· -- , - -_...__-....J L . " .:~ ··~i:..-:E . ."-_._-, ._-- ---- . . ..... ""'" 2:) MEMORANDUM TO: Commissioner Frannie Hutchinson CENTRAL SERVICES !ìrf\q'î . µ / IV I/--Lv/ 'ì ,/ð r C fri'v' ,¡¡ (1 ~ ,-f/ FROM: Nick Dragash, Manager, Central Services DATE: May 11, 1999 SUBJECT: Your Memo 5-10-99 - Rock Road Jail Chapel The expected cost for items 1.0, 2.0 and 3.0 of my April 30, 1999 memo to Doug Anderson cannot be determined without preliminary engineering on the Chapel building. I have no knowledge of the size, occupancy, design, etc. required to estimate costs. It was my understanding in the presentation to the Board of County Commissioners, the Undersheriff stated that the Chapel would be constructed at no cost to the County. ~ NICK DRAGASH /..' (::f"ê 'v ~ \ ;,;0, In, \' r r¿ i' . 1\ \\~I ~ . ~~} ~~, , i ¡ ., ~ i·..h. í' ~, lJ . \ ' -, j~ù \..' ¿~\ . ND:bk cc: D. Anderson (ì r... I I . 10;"".·': ) "- ,91' \'/ ./.'..( i¡ .,\ \? ''",:n ': \I . , I , ) ¡ \_, _ ..-J :Jff="ICE \ ----- __...J \. '-' AGENDA REQUEST .....,; ITEM NO. .¡ ß DATE: June 8, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Utility Territorial Dispute between the City of Port St. Lucie and Fort Pierce Utilities Authority BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board direct the County Attorney to notify the City and the FPUA of the County's intention to file an action for declaratory relief against the City and FPUA and to further request that the City and FPUA meet with the County, pursuant to Chapter 164, Florida Statutes, in an attempt to resolve the dispute. COMMISSION ACTION: ~PPROVED [] DENIED [ ] OTHER: County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-" '-' 1 ! INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-742 DATE: June 3, 1999 SUBJECT: Utility Territorial Dispute between the City of Port St. Lucie and Fort Pierce Utilities Authority ----------------------------------------------------------------- ----------------------------------------------------------------- BACKGROUND: Unfortunately, the County is in the middle of a territorial dispute between the City of Port St. Lucie (City) and the Fort Pierce Utilities Authority (FPUA). Both the City and the FPUA desire to provide utility service to an area south of Midway Road in the unincorporated county. FPUA has applied for permits from the County to use County right-ol-way to install utility lines south of Midway. By letter dated May 20, 1999, the City Attorney notified the County that the City objects to the County issuing the permits to FPUA based on the reasons outlined in the May 20 letter. A copy of the May 20 letter is attached. The City Attorney has indicated that he will recommend that the City sue the County if the County issues permits to FPUA to use County right-f-way to serve customers south of Midway Road. The attorney for FPUA has stated that he believes FPUA is entitled to serve the area south of Midway Road. The FPUA attorney has also indicated that he will recommend that FPUA sue the County if the County determines not to issue right-ol-way permits to FPUA. DISCUSSION: Based on the facts outlined above, it appears that the territorial dispute will either be resolved by FPUA and the City through negotiation or byajudge. Although resolution by negotiation is clearly preferable to the alternative, the City and FPUA have been unable to resolve the differences to date. Despite the various arguments raised by both sides, the County is not in a position to resolve the dispute. It also appears that the County will be sued by either the City or FPUA given the current course of events. In view of this, and as an alte1'"native to picking one side over the other, I ,-". 'wi believe that the Board should consider filing an action for declaratory relief against both the City and the FPUA. In this action, the County could present the facts to ajudge in a neutral fashion and let the judge resolve the dispute between FPUA and the City. By filing a declaratory judgment action, the County would avoid the possibility of choosing the "wrong" side, thereby subjecting the County and the affected residents to potential losses. Another advantage to the County filing an action for declaratory relief is that the County, pursuant to Chapter 164, Florida Statutes, can require the City and FPUA to meet with the County in an attempt to mediate the dispute before any lawsuit is filed. This mediation is potentially important since litigation between governmental entities is rarely in the best interest of the taxpayers. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board direct the County Attorney to notify the City and the FPUA of the County's intention to file an action for declaratory relief against the City and FPUA and to further request that prior to filing suit, the City and FPUA meet with the County pursuant to Chapter 164, Florida Statutes, in an attempt to resolve the dispute. Respectfully submitted, DSM/caf Attachment '-' '-" CITY OF PORT ST. LUCIE CITY ATTORNEY MAY 21 May 20, 1999 Daniel S. Mcintyre County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Port St. Lucie Utility Service Area Dear Dan: The county has received at least three applications from Fort Pierce Utilities Authority (FPUA) to go under the county's Midway Road right-of-way for the purpose of providing water utility services south of Midway Road. The city objects to the issuance of these permits. The area which FPUA seeks to serve is within the Port St. Lucie Utilities' (PSLU) service area and service by PSLU is currently available. It is our position that the granting of these permits is contrary to state law and the 1994 transfer agreement between the city and the county. As you know, the Cíty of Port St. Lucie acquired the utility system from St. Lucie County. That transfer was concluded pursuant to an agreement of transfer that was entered between the city and the county dated June 28, 1994. There was a first amendment to that agreement of transfer that was dated September 2, 1994, which specifically referred to a revision of the boundaries of the service area. The service area of the utility was as outlined in Exhibit L to the original agreement and was modified by the September 2 First Amendment. The area in question that FPUA seeks to serve is within the PSLU service area. It should also be noted that this is also within the service area that was described by the utilities when it was in the ownership of St. Lucie County. I would like to bring your attention to certain provisions of the transfer agreement, specifically provisions of Article V representing the covenants of the parties. In Section 5.4 there are found provisions dealing with post-closing 121 S.w. Port St. Lucie Boulevard · Port St. Lucie, Florida 34984-5099 · 561/871-5255 · Fax: 561/871-5248 '-' '-' Daniel S. Mcintyre County Attorney May 20, 1999 Page 2 of 3 operations of the utility system. Subparagraph (h) provides as follows: "(h) the County shall cooperate with the City in the enforcement of all County, state and/or federal laws, regulations, ordinances or rules relating to utility matters in the unincorporated areas of St. Lucie County included in the Service Areas." A copy of Article V is attached for your convenience. Section 180.02, Florida Statutes, provides authority for a municipality to create a zone or area by ordinance which would require all persons or corporations within that area to connect when available to a system operated by the city. As already mentioned, the county and the city established a service area by means of the transfer agreement. However, the city has gone further by the adoption of Ordinance 95-70, taking advantage of the provisions of Chapter 180.02 and establishing water and wastewater service areas where the city shall be the exclusive provider of water and wastewater services. You will find this in Section 11 of that ordinance. A copy of the ordinance is attached for your convenience. I would further bring your attention to provisions of Section180.06, Florida Statutes, a copy of which is enclosed for your ease of reference. The last paragraph of this section provides in part as follows: "A...municipality shall not construct any system, work, project or utility authorized to be constructed hereunder in the event that a system, work, project or utility of a similar character is being actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private company consents to such construction." The City of Port St. Lucie has not consented to the construction by FPUA of water services in the service area that has been established as above-mentioned. It is our opinion that approval of the FPUA permit application to provide service within the PSLU service area would be a violation of the provisions of Section 180.06. It is further our opinion that the granting of a permit by the county to allow that to occur is a violation of that transfer agreement and the county's commitment to cooperate with the city in enforcement of the state laws. The city does in fact have water services available in the area in question. As you are probably aware, PSLU installed water services there some years ago pursuant to a permit issued by St. Lucie County to PSLU in 1995, Permit 95-99A. A copy of that permit is attached for your ease of reference. The transfer agreement also requires the city to provide utility service to residents of the unincorporated portions of the service areas. Allowing FPUA '-' ....., Daniel S. McIntyre County Attorney May 20, 1999 Page 3 of 3 access to the PSLU service area is contrary to the transfer agreement as such access will undermine PSLU's ability to provide the service required by the agreement. See Section 5.4(b) and 5.4(c) of the transfer agreement. I would lastly like to refer you to several appellate decisions in Florida that have addressed this issue. I bring your attention to three cases, the City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So.2d 219 (Fla. 5th DCA 1991); Lake Utility Services, Inc. v. City of Clermont, 1999 WL 22430, (Fla. 5th DCA 1999); and Ortega Utility v. City of Jacksonville, 564 So.2d 1156 (Fla. 1st DCA 1990). All of these cases deal with the application of Section 180.06, Florida Statutes, copies of which are attached for your convenience. It is important to again reiterate that the city presently has service available in the area in question. FPUA is seeking to provide service in the city's service area where service is presently immediately available to these customers. It is my opinion that doing so is a violation of 180.06 and for the county to participate in the granting of permits is in violation of the transfer agreement from the county. Sincerely, RGO:bm Encl. cc: City Council (w/encl.) Donald B. Cooper, City Manager (w/encl.) Doug Anderson, County Administrator (w/encl.) Board of County Commissioners (w/encl.) v .'wII (m) The City and the County will execute such other documents at Closing as are customary and proper to effect the consummation of.the transactions contemplated herein. ARTICLE V COVENANTS OF THE PARTIES The City and the County further agree each with the other as to the following covenants which the parties agree shall survive the Closing: 5.1 Investigation and Access. The City has made or shall, prior to the Closing Date, through its own representatives, make such investigation of the Transferred Assets and liabilities of the County to be taken hereunder, and of the financial condition of County Utilities, as it deems necessary or advisable to familiarize itself with such properties, assets, liabilities and other matters. The County agrees to permit the City and its authorized representatives to have full access to the Real Property and Property Interests to be transferred hereunder and all the books, records, computer data and other information of the County which relate in any way to the County's ownership or operation of County Utilities as the City shall, from time to time, reasonably request. 5.2 Regular Course of Business of County Utilities. (a) Except as otherwise permitted by this Agreement, the County shall cause County Utilities (i) to carryon its respective businesses substantially in the same manner as· heretofore conducted and solely in the ordinary course; (ii) to use all reasonable efforts to preserve the Transferred Assets substantially intact, to maintain in effect all federal, state and local approvals and authorizations which are required to operate the Utility 28 '-" "'" Systems as now being conducted, to preserve the good relationships with and the goodwill of County Utilities' customers, suppliers and other persons having business dealings with County Utilities; (iii) to repair and maintain all of County Utilities' properties and assets in accordance with its usual and ordinary maintenance standards; (iv) not to permit supply inventories at the time of Closing to be materially less than those maintained by County Utilities in the ordinary course of business ¡ (v)· to continue existing, or commence approved, capital improvement projects; (vi) to timely pay all Employees, vendors, contractors and all other obligations for payment by County Utilities through the Closing Date; and (vii) to diligently continue to file all reports required in connection with operation of the County Utilities. (b) The County agrees that the City shall have the right to designate a current employee of the City to have access to the Utility Systems, to be present at any meetings having material significance to the operation of the Utility Systems and to review any correspondence related thereto or otherwise to be consulted on all decisions having a material effect upon the operations of the Utility Systems. Said City employee shall h~ve no operational control or authority with regard to the County Utilities; however, the County agrees that any reasonable recommendations made by said City employee shall be considered in the decision making process regarding the operation of the Utility Systems, if economically feasible. 5.3 Pre-Closing Operations of the Utility Systems. otherwise permitted or required by this Agreement, or as consented to in writing by the City, prior to Closing date: Except as expressly 29 '-' y (a) The County will not sell, assign, transfer or otherwise dispose of any material part of the Transferred Assets, except that Transferred Assets of an individual value of less than $10,000.00 and not exceeding an aggregate value of $50,000.00, may be sold, assigned, transferred or otherwise disposed of in the ordinary course of business, provided same is not necessary for the normal operation of County Utilities. (b) The County will not amend, terminate or change in any material respect any lease, contract, undertaking or other commitment, without the prior written consent of the City in each instance, such consent not to be unreasonably withheld or delayed. 5.4 post-Closing Operations of the Utilitv Systems. (a) The City shall operate and manage the Utility Systems in a manner such that they will maintain sufficient capacities to meet current demands and reasonably foreseeable future demands within the in accordance with the Uniform Extension Policy. After appropriate public comment and consultation with the City will adopt a Uniform Extension Policy governing the extension of water and sewer services throughout the Service Areas. The Uniform Extension Policy shall provide, in addition to its other provisions, the following: (i) The City shall provide utility service to residents of the unincorporated portions of the Service Areas, at the option of the customer, either (A) upon payment of a surcharge as authorized by Section 180.191, Florida Statutes, or (B) by agreement to be voluntarily annexed into the City upon determination by the City to do so; provided, however, in no event shall the City require persons residing Service Areas (b) County Staff, 30 '-' v in the Reserve development to agree to voluntarily annex into the City as a condition of service; (ii) In the event that eighty percent (80%) of the capacity of the Utility Systems to provide water or sewer service at such time is utilized, the City shall commence the permitting and design of water treatment plants having a capacity of at least 1.0 MGD or wastewater treatment plants having a capacity of at least .5 MGD, as applicable, and shall commence construction at ninety percent (90%) of capacity. The City hereby consents to the expediting of any legal proceedings instituted by the County seeking to compel performance of the City's obligation to construct additional facilities as set forth herein; and (iii) The County shall have the right to create special assessment districts to construct line extensions to the Utility Systems to provide utility services to residents in the unincorporated portions of the Service Areas in accordance with the City's Uniform Extension Policy. The City and the County agree to enter into separate agreements for each district created by the County. All capital improvements extended to such special assessment districts shall be dedicated to the City upon connection. The City agrees that the County will not be treated as a De!eloper with regard to "guaranteed revenues," as that term shall be defined in the Uniform Extension Policy and/or any rate resolutions passed by the City. The City will from time to time, and at any time when requested to do so by the County, take all steps and do all things necessary, proper or required, but which do not run contrary to the provisions of the City's Uniform Extension policy, to provide water and sewer service to the special assessment districts within the unincorporated portions of the Service Areas. 31 .... ''"'"'''' (c) The parties agree that the foregoing provision is a material part of the consideration being received by the County hereunder and that the City has been advised by the County that but for the agreement of the City to provide additional water and sewer service to the land within the Service Areas, in addition to the monetary considerations set forth in this Agreement, that the County would not have executed this Agreement and thereby have become obligated to convey or cause to be conveyed the Transferred Assets to the City on the terms herein set forth. Accordingly, the City and the County hereby stipulate and agree that the covenants of the City set forth in Subsection 5.4(b), and the performance of the obligations of the City in this Agreement and the benefits to accrue to the County by virtue of such performance by the City, are in all respects, material considerations for the County's execution of this Agreement. The City acknowledges that the County has the right to purchase, construct or operate utility systems outside the Service Areas within the County. (d) The City will promptly provide the County with regular and current operating information with respect to the Utility Systems, in the same general manner and format as that previously provided by the County to the Ci~y. (e) The City will provide water and sewer services in accordance with the Uniform Extension Policy to all properties, improvements thereon and the occupants thereof, located within the Service Areas after connection has been made and will take all steps and do all things necessary, proper or required to timely provide water and sewer service to all future customers or Developers located within the existing Service Areas or as such Service Areas may be expanded. 32 '-' "wi (f) The City will not adopt any material policy or procedure which will unreasonably prevent, hamper or delay in any manner the expansion of the Water Systems or Sewage Systems and related facilities required to provide service to all future customers and the properties of Developers located within the Service Area. (g) The City will take all steps at all times that may be necessary or proper to ensure that revenue generated from the rates, fees and charges established for the Utility Systems shall always be maintained at a level sufficient to meet the City's obligations to the County, including other conditions, provisions and obligations of and under any obligations incurred in connection with or subsequent to acquisition of the Utility Systems. (h) The County shall cooperate with the City in the enforcement of all County, state and/or federal laws, regulations, ordinances or rules relating to utility matters in the unincorporated areas of St. Lucie County included in the Service Areas. (i) As between the City and the County, the parties hereto agree that provided the City is not in default under the terms of this Agreement, the County will not construct or operate water or sewer plants within th~ Service Areas. 5.5 Insurance. Pending the Closing, the County shall continue to keep in full force and effect workers compensation, public liability and property loss insurance covering the Transferred Assets and the Employees. Upon closing, the City shall assume these obligations and properly insure against them in accordance with normal industry standards. 33 '-' """ 5.6 Sale of Utility Svstems. The City specifically covenants and agrees with the County that it will not sell the Water Systems and/or Sewer Systems to a private entity without providing the County the first right of refusal. In the event the City intends to sell the Water Systems and/or Sewer Systems to a private entity, the City shall provide to the County written notice of the terms and conditions of such proposed sale, and the County shall have sixty (60) days following receipt of such notice to agree to purchase the Water and/or Sewer Systems on the same terms and conditions. In the event the County fails to exercise its right of first refusal within said sixty (60) day period, the right of first refusal granted herein shall terminate and be of no furth~r force and effect, regardless of whether the proposed sale to a private entity is consummated. 5.7 Surcharges. As a material part of the consideration for the County entering into this Agreement, (1) existing customers of the Utility Systems located in the unincorporated portion of the Service Areas as of the date of Closing, (2) any future customers located in the unincorporated portion of the Service Areas under Developer Agreements existing as of the date of Closing, and (3) future customers of the Utility Systems_located in the unincorporated portion of the Service Areas where either water or sewer service is available as of the date of closing by pipes located at or near the boundary of the property of such future customer, shall pay the same rates, fees and charges as are paid by the same type of customer located within the City limits and no surcharge will be applied. Notwithstanding the foregoing, in the event a court of competent jurisdiction enters a judgment after vigorous defense by the City determining that the covenants contained in this 34 '-'" "wi paragraph are invalid or prevent the City from surcharging or annexing new customers outside the City limits, and such judgment is upheld on appeal by the City, the foregoing covenants shall terminate and have no further force or effect; provided, however, that the City shall not be able to surcharge or impose different rates, fees and charges on any customers of the Utility Systems located outside the City limits for a period of five (5) years from the düce of Closing. The City agrees that the County shall have the right to intervene in the litigation, at the sole cost and expense of the County which shall not be reimbursable or indemnified by the City. 5.8 Issuance of Bonds bv the City. As a condition precedent to Closing, the City will issue its own municipal bonds in order to provide funds at Closing sufficient to defease the Outstanding County Bond Issues, subject to validation (and the expiration of the appeal period) of (a) the issuance of such bonds and (b) this Agreement, and subject to receiving the opinion of City' 5 Bond Counsel, in the form of that attached hereto as Exhibit "EE", opining that this Agreement, including but not limited to the indemnity provisions contained herein, are valid, enforceable obligations of the City. Defeasance shall be deemed to occur upon the ~eceipt by the City and the County of the Verification Report and the Defeasance Opinion, both dated as of the date of such delivery. 5.9 Negotiation with GDU. The County agrees that, following execution of this Agreement, the City shall have the right to engage in negotiations with GDU for the purpose of settling the Case; provided, however, that a representative from the County shall be given the opportunity to be present in all negotiations; provided, however, that 35 '-" """ negotiations shall not be delayed by the failure of a representative of the County to be present after notice is given. The City and the County agree that prior to closing, no settlement agreement will be effective without the written consent of both the City and the County. 5.10 Surplus. Any surplus generated by the operations of the Utility Systems shall be reinvested in the Utility Systems or shall be used to lower or maintain the rates to the customers being serviced by the Utility Systems. 5.11 Service Areas. (a) The City and the County hereby acknowledge and agree that the Spanish Lakes Mobile Home Park (" SLMHP " ) shall not be included in the Service Areas. In consideration of the City's agreement to exclude SLMHP from the Service Areas, the County agrees that the City shall have no responsibility for any water and wastewater service and/or treatment plants or other facilities serving SLMHP should same fail, and the County agrees that, notwithstanding any other obligations, whether imposed by statute, regulation, rule or otherwise to the contrary, the County shall petition for a receiver to operate any such failed plant or facility. In the event such failed plant or facility shall desire to connect and obtain service from the Utility Systems_then being operated by the City, or its assignee or designee, connection shall be pursuant to the then current Uniform Extension Policy of the City, or its assignee or designee, and further, there shall be no limitation on the ability of the City to treat such receiver as a Developer with regard to guaranteed revenues arising out of connections to serve SLMHP. (b) The City understands and àcknowledges that the Spanish Lakes Riverfront ("Riverfront ") development currently receives water 36 ~ -....,I services from the Utility Systems pursuant to an existing Developer Agreement. Accordingly, Riverfront shall be included within the Service Areas; provided, however, that the City hereby agrees that Riverfront shall not be required to obtain sewer services from the City following transfer of the Utility Systems. ARTICLE VI CITY'S REPRESENTATIONS The City represents to the County, as follows: 6.1 Organization. The City is a Florida municipality, duly organized and validly existing under the laws of the State of Florida, and it has all requisite power and authority to own its property and carryon its business as being contemplated hereunder. 6.2 Validitv of Agreements. The City has all necessary power and authority to acquire the Transferred Assets and to enter into this Agreement and to perform all of the obligations to be performed by it hereunder. This Agreement has been duly and validly executed and delivered by the City, and this Agreement constitutes the valid and legally binding obligation of the City, enforceable against the City in accordance with its terms. This Agreement and its consummation have been duly authorjzed and approved on behalf of the City by all requisite action as herein required. 6.3 Litigation. Except as disclosed in writing to the County by the City's Counsel, there are no actions, suits or proceedings pending or, to the knowledge of the City, threatened against or affecting the City, at law or in equity, or before any federal, state, municipal or governmental department, commission, board, bureau, agency or instrumentality which involve the possibility of any judgment or 37 · ~~ 0 coUI'Ø. rrBot 8 E D^1t:. 1lL27 195 COUNCllITIiiU 1 OA DATE llLl3/95 ORDINANCE 95- ZJ 61.03, .07, PORT ST. 08,. PORT ST. 11, PORT ST. CHARGES, SEC'ltON RE:vEHtJE PA'Y1Œft; ~ED 62, RATE THE CITY OF PORT ST. SECTION 1. COUNCIL F:tNDINGS. adopting this Ordinance and the rates, fees and charges incorporated herein, the City Council of the City of Port St. Lucie hereby makes the following findings, purposes and intent: 1. On September 26, 1994, the Council of the City of 'port St. Lucie passed Ordinance No. 94-44, which became effective on September 29, which added the "Water, Wastewater, and Gas Utility Rate Ordinance" to the Port St. Lucie City Code. 2. On september 26, City Council of the City 94-45, which became of Port St. Lucie passed effective on september 29, 1994, ahd which added the "Port St. Lucie Utility Service Availability and Extension Rules" to the port St. Lucie City Code. Additions to text are indicated by underline; deletions by ~. ORDINANCE 95-70 3. On septembeJ::' 30, 1994, to the City certain water, City currently owns and 4. subsequent to and No. 94-45, the fees and charges adequately generate the fiscal requirements of the City classes of users. 5. To accomplish conducted covered operating administrative requirements, requirements 6f the Capital Improvement plan of 6. Therefore, the subsequent and. charges and equitable rates, 7. Having St. Lucie County for over one the Capital Chàrges , and originally established, meet the projected fiscal basis to all classes of users. Lucie County transferred gas systems, which the No. 94-44 of the rates, confirm that they will meet the projected basis to all , the analysis operating expenses and with other bond covenant balances and the have performed this just, fair ferred by has been determined that rates, and charges which is necessary to of the City on an equitable Additions to text are indicated by deletions by ~. .. ., ORDINANCE 95_70 8. Accordingly, fees and charges will be reduced or eliminated. sufficient revenues to meet the anCi charges will provide of the City in 9. The recommended its operation of the water, and gas systems, including debt service on the Series 1994 Bonds, and provide coverage and other covenant requirements. 10. The City is au:t;.horized to adopt water and wastewater rates, fees and charges and other provisions set forth herein pursuant to Chapter 1801 Florida Statutes. 11. The City has provided the required public notice and held the necessary public hearings to adopt the recommended rates, fees and charges. 12. Certain policies must be to reflect the financial hardships necess by the involuntary nature of contemplated ,'special assessment districts and certain laws applicable to the provision of and/or wastewater services. SECTION 2. That 03, Port St. Lucie Code, is hereby amended by modifying or following definitions: §61.03 DEFINITIONS EQuivALENT RESIDENTIA.L CONNBCTION or ERC. A factor used to convert a given average flow (ADF) to the equivalent Far this purpose, the ADF of number of residential connections. Additions to text are indicated by deletions by ~~ø. .. ~~~ ORDINANCE 95-70 one ERC is deemed to be of water usage for wastewater service and 250 The number of ERCs contained for a given hereunder by dividing that ADF by 250 wastewater and 250 GPD for water. in size. SECTION .3 . Tha t St. Lucie City Code, is hereby amended to read as §61.01 CUSTOJ!ŒR DEPOSITS. (A) Establishment of (1) Before wastewater, or gas service, the an applicant for service to establish credit, but such of credit shall not relieve with the city's payment. Credit will be deemed -4- Additions to text are indicated by d 1 i b :·~fß¡~'<: e et ons y r~~i' ORDINANCE 7iJ ¡".u0- ~¥Æiií ~ The applicant The applicant deposit. furnishes an irrevocable from a bank or a bQnd¡ (2) Any by the city shall be held in a non-interest (B) Amount of The amount of :¡;¡hall be the following according to customer class Additions to text are indicated by deletions by ~~. ORDINANCE 95_7-0 Customer Class/Meter Size Residential Single Family; Cust01Iier Deposits Water Wastewater 5/8" x 3/4" ardReside 'al Customer Deposits Water Wastewater Residential Multi-FamiXy; Per Unit. (when mast.er met.ered) Customer Deposits Wat.er ~ter Non-Residential: 5/8" x 3/4" 1" 1-1/2" 2" 3" 4" and above $ 45.00 .00 .00 00 0.0 mont.hs $118.00 275.00 925.00 1,175.00 1,400.00 est. bill. (C) Additional may require a new deposit, where previously additional deposit in , or an pa:yrnent of current. bills provided. The cit.y shall customer with reasonable writ.ten notice of not less than 30 days where such request or -6- Additions to text are indicated by d 1 ti b ~!3'~~1i e e · ons y ~,¡f'æ.-· ORDINANCE 95-~ notice is separate and apart from for service. The total amount of the required water deposit equal to the average actual charge monthly billing periods for the not exceed an amount for ~~. tbree B:m immediately prior to the date of notice. The total the required wastewater deposit shall not exceed an to the average actual charge for wastewater billing periods for the 12-month period the date of notice. In the event the customer than 12 months, the city shall base its new or actual monthly billing available. SECTION 4. That SectiQn 61.08, Port St. Lucie City Code, it upon the average is hereby amended to read as follows: S6l.0S RECONNECTIOH Additions to text are indicated by deletions by ~. ORDINANCE 70 is ordered disconnected because of due, the reconnection fee shall be based on the actual by the city, but shall not be less than $25 during normal after normal working hours. ~~!í .s2Q ~~:::~ SECTION·S. That (A), (B), (C) and (D) of Section 61.11, Port St. Luc , are>hereby amended to read as follows: (A) Adoption. The city adopts and establishes pursuant to general law, a water and a wastewater capital charge, each of which line charge components, the capital expend~tures and of plant capacity and will be to finance of city indebtedness associated with the expansion s supply, treatment and transmission system and transmission, treatment, and effluent disposal the water capital designated below, b~~~~~~.:~t.~ é! a 4 0 $~~:tf~~:~I'~ ~ per ERC, and wastewater capital Additions to text are indicated by d 1· ~"',¡¡;?~~~~ e et10ns by I~~~~' ORDINANCE 95- -70 charge shall be per Additions to text are indicated by deletions by ~iæ~' ORDINANCE 95- 70 ~~b:_'r~~}ijm:"'~~.· .;,z<~ti':;¡; m~~d<~~ ,., ~~~".:".:..~ .~,..,:,'i!!:: ;>....-.,,"'....."'.......a'\\..... .. ..xm_...y...·......·.. y.-.-> .. ...~..:.:1;;;, (B) , Applicability. 1ì'ì~:qSM~.,"''''[¡¡it''·~~ itmh . t æl1~~~I~firfl~ e c ~ y of all or a portion of the the extent that the city construction related to the facilities or the disposal facilities having the water or wastewater Additions to text are indicated by customer from the payment capital charges to contribution in aid of treatment or transmission ion, treatment, or effluent 5 than the portion of not being exempted. -10- deletions by ORDINANCE 95-~ (C) Time of and wastewater capital charges shall be of a structure or structures to be or time as may be specifically provided , agreement, or payments of any water or the city may permit installment charges upon such terms permit¡ provided, however, and conditions as the city (D) Determinat Residential Unit Factors for Water and Wastewater (1) For calculating and imposing the wastewater provided for in this calculated and imposed in the particular connection shall be as follows: section, the ERC factor for Additions to text are indicated by deletions by ~~~i~~. f::ì~:~.~::::~;;;;,.;.'*;::,,~: ORDINANCE 70 ii~~~~~~{~;:~~<;M$":~"';:~§~~~ ~~~~_~~¡~~~_£\f~~~à Additions to text are indicated by d 1 . b >.»'»:~:m,*""':·:·' e et.1.0ns y ~:q;£,",ª'fi!. :".:;:;;:(.;.:~!;.:::·>x<.;..'Y.·:«· '-' ."-,,, ORDINANCE 95- 70 ESTABLISHMENT Resi.denti.al: Sinale Familv with Standard Residential Meter: . . . . . in size reater than tandard on estimated flows or number Multi-family master metered ~ 1 bedroom or less than 750 sauare feet 1Ql 2 bedroom or more than 749 square feet . . . . Mu ti-famil ter metered Commercial: Airports, bus terminals, train stations. port & dock facilities lËJ- per passenger . . . . . . . . . 1Ql add Der emDloyee per 8 hour shift Barber & beauty ShODS per service chair Bowling alley per lane . . . . Country Club ~ per res ident . . . . . . . ill add per member or patron . . . . .!£.).. add,'per employee per 8 hour shift . . . . . Doctor and Dentist offices ~ per practitioner . . . . . ill add per emplovee per 8 hour shift . Factories. exclusive of industrial wastes Gallons per employee per 8 hour shift ~ No showers provided . ill Showers provided . . . . . . . Flea Market open 3 or less days per week Läl per non-food service vendor space . ill ~dd ~er food service establishment ~sin_ single service articles only per 100 square feet . . . . . . . . . . . . . . . . . -13- ERC F~ 1. 0000 0.5000 0.9000 0.0188 0.0706 0.3529 0.2353 0.7706 0.1176 0.0706 1. 1765 0.0706. 0.0706 0.1176 0.0706 0.2353 v '-' - ORDINANCE 95- 70 l£l per limited food service establishment .. . . . Flea Market open more than 3 days per week (estimated flows shall be doubled) Food operations Läl Restaurant operatinQ 16 hours or less per day per seat . . . . . . . . LQl Restaurant operatina more than 16 hours per day per seat . . . . . . . . . . . 1£l Restaurant using sinale service articles only and operating 16 hours or less per day per seat . . . . . . . . . . . . . . LQ¡ Res~aurant using single service articles onl_ and operatina more than 16 hours per day per seat . . . . . ~ Bar and cocktail lounge 1. per seat 2. add per pool table or video aarne Lfl Drive-in restaurant per car space . i9l Carry out only. includina caterers 1. per 100 SQuare feet of floor space 2. add per employee per 8 hour shift. .Lhl Institutions per meal . . . . . . . . . Lll Food outlets excludinQ deli's. bakery or meat department per 100 square feet of floor space . . . . . . . . . . 1. add for deli per 100 sauare feet of deli floor space . . . . . . . . . . . . . . 2. add for bakery per 100 square feet of bakery floor space . . . . . . . . J. add for meat department per 100 SQuare feet of meat department floor space 4. add per water closet . . . . . . . . . Hotels & Läl ill Motels Regular per room . . . . . Resort hotels. camps. cottages. per room . . . . . . . . . . . Add 'for establishments with self service laundry facilities per machine 1£l -14- 0.1176 0.1882 0.2824 0.0941 0.1647 0.0941 0.0706 0.2353 0.2353 0.0706 0.0235 0.0471 0.1882 0.1882 0.3529 .0.9400 p.4706 0.9412 3.9294 v ...."., ORDINANCE 95-~ Mobile Home Park ~ per sinale wide mobile home space. less than 4 sinale wide spaces connected to a shared onsite Bvstem . . . . .. 1.1765 ill per sinale wide mobile home space 4 or more sinale wide suaces are connected to a shared onsite system . . . . . . . . . . . . . . . . . . .. 1.05B8 i£l per double wide mobile home space, less than 4 double wide mobile home spaces connected to a shared onsite sys tem . . . . . . . . . . . . . . . . . . .. 1 . 4 118 lQ1 per double wide mobile home space. 4 or more double wide mobile home spaces connected to a shared onsite system . . . .. ............. 1.2941 Office Building per emplovee per 8 hour shift or per 100 square feet of floor space. whichever is greater . . . . . ......... 0.0706 ill Recreational vehicle Park Recreational vehicle space for overnight stay. without water and sewer hookup per vehicle space . . . . . . Recreational vehicle space for overnight stay. with water and sewer hookup per vehicle space . . . . . . 0.2353 Transient 1.-ªl Theaters and Auditoriums. per seat . . . . . Q.3529 . . . . 1.1765 1.5294 0.0005 0.0188 0.9412 . . . . . 0.0471 0.0188 Service Stations per water closet 1.-ªl Open 16 hours per day or less . ill Open more than 16 hours uer day Shopping centers without food or laundry per sauare foot of floor space . Stadiums. race tracks. ball parks per seat Stores per bath room Swimming and bathina facilities. public per Derson . . . . . -15- ~ '''''''; ORDINANCE 95- -70 Veterinary Clinic .L-ªl per uractitioner . . . . . . . . . ill add per employee uer 8 hour shift ..(..0 add per kennel, stall or cage . . Warehouse W- .üD.- .{.Ç..l add per employee per a hour shift . add per loadina bay . . self-storaae. oer unit Institutional: Churches W ill Hospitals W- ill per seat which includes kitchen flows unless meals prepared on a routine basis . . . . . . if meals served on a regular basis add uer meal orepared . . . . . per bed which does not include kitchen flows . . . . . . . add uer meal prepared . . . Nursing, rest homes. adult congreaate living facilities 1-ªl per bed which does not include kitchen flows . . ill add per meal preuared . . . Parks, oublic:uicnic W with toilets only, oer person . . . . ill with bathhouse, showers & toilets, per person . . . . . . . . . . . . . . . . . . . . Public institutions other than schools and hospitals ~ per verson which does not include kitchen flows . . ill add per meal prepared . . . . . . . . . . . Schools Der student W day-tyPe . . . . . . . . . . ill add for showers . . . . . . . .L£j.. add for cafeteria . . . . . . ill add for day school workers liD. boardina tVDe . . . -16- . . . . . . . . . . . . . . . . . . 1. 1765 0.0706 0.0941 0.0706 0.4706 0.0235 0.0141 0.0235 0.9412 0.0235 0.4706 0.0235 0.0188 0.0471 0.4706 0.0235 0.0471 0.0188 0.0188 0.0706 0.3529 ORDINANCE 95- 70 . . <I> <I> . .. .. .. 0.2353 (2) One equivalent unit (ERC) shallr for purposes of this Section, value of 1.00. For wastewater service capacity, hereby established and determined to be equal to a per daYr average annual basis (250 GPD), or value as may be later approved or determined by the F of Environmental Protection. (3) For water capacitYr one ERC is hereby established and determined to be to a flow of 250 gallons per day, average annual basis (250 (4) The" residential unit value" for an establishment shall be by multiplying the ERC factor listed above by the number units¡ and shall be rounded YR to the nearest , factor. ( 5 ) For all es not listed above¡ the total wastewater equivalent unit (ERC) value for wastewater service capacity shall be determined by multiplying the number of fixture units, as in the Standard Plumbing by 250. For example: Coder by 30, and then dividing that Total Wastewater ERC Value -17- ORDINANCE 95-~ The wastewater capital charge following formula: Total ERC Value x charge d.E!termined by us ing the wastewater capital not listed above, the uni t ) value for water by mµltiplying the number of Plumbing Code, by 30, example: ( 6 ) For all total water equivalent service capacity shall be fixture units, as published in and then dividing that numerator Total ERC value = The water capital charge shall formula: Total ERC Value x (7 ) The establishments being gas system. using the following capital charge applies to c , wastewater and ( 8 ) reserv -18- ORDINANCE 95-~ required by the city. SECTION 6. That Section 61 is hereby amended to as St. Lucie City Code, -19- ORDINANCE 95-~ -20- ORDINANCE 95- 70 -21- ORDINANCE 95-~ annuall in advance the water and or wastewater s connection to a reserved in Each Develo er's the then ex' for water and or 1 thereafter for A water and or -22- ORDINANCE 95-~ e uivalent residential be b sed on the then existin fee sha e of the cit . A of an e uivalent resident'al a ents are due the cit residential connections for the wastewater s stems uallocated ca in the water and or wastewater systems. In the event any capital charges, or portion -23- ORDINANCE 95- 70 paid thereon. SECTION 7. That the Lucie City Code as Section 62.11: is added to the Port St. SECTION B. That the Appendix attached to Chapter 62, Port St. Lucie City Code, is hereby as set forth in the Appendix attached hereto and made a hereof. SECTION 9. That Section 63.03, Port St. Lucie City Code, is hereby amended to add the following definition: ~63.03 DEFINITIONS ereto where water and are or wil be SECTION 10. That Section 63.22, Port St. Lucie City Code, is hereby amended to as~ollows: §63.22 REFUNDABLE ADVANCES. The city in many cases, in addition to the contribution provisions set forth herein, a construction cost -24- ORDINANCE 95- 70 for the cost connect the applicant' s ilities adequate in size the city. The city has rovision of water service b or wastewater service usin advance by the applicant of any off-site facilities necessary property with the then terminus to provide service as deemed established the followin utilities services: a two and responsible facilities. for his chapter, the applicant shall always "hydraulic share II of the cost of this chapter recognizes instances required to advance the hydraulic undeveloped property, unserved, in order that off-s serve the subj'ect property. All over and above the facilities, shall be rebated to the terms and conditions However, which an applicant will be share applicable to other may be constructed to expended by the applicant, share for off-site in accordance with ORDINANCE< 95';' For b a -26- '-" -....I ORDINANCE 95-~ other undeveloped property. or developed property that is not served. able to connect to such "oversized" line to utilize the excess hydraulic share available. In such event. the amount of the refundable advance shall be the actual cost of the line constructed, as certified bv the applicant's engineer. less the estimated cost of the required appropriate size line. Notwithstandino'the foregoing. the refundable advance shall only be available as a credit aoainst. and onl v to the extent of. the capital charges due and payable by the aoplicant to the city for such type of service (i.e.. a refundable advance for construction of a wastewater line in excess of the citv's reauired appropriate size line shall only be a credit aoainst capital charges due for wastewater service and any excess amount of a refundable advance over such wastewater capital charges due shall not be repaid to the a~plicant or applied as credit against water capital charges and vice versa) . .. SECTION 11. That the following is added to the Port St. Lucie City Code as Section 63.24: S63.24 SERVICE AREAS. (1) The city hereby confirms that its water and wastewater service areas have been desionated as shown on the Appendix attached hereto and bv reference incorporated herein. The area shall be defined as the "City of Port St. Lucie Water and -27- '-' ...., ORDINANCE 95- 70 Wastewater Service Areas" and identifies those areas where the city shall be the exclusive orovider of water and wastewater services. As such. the city shall have all the rights provided to it by law. (2) The City of Port St. Lucie Water and Wastewater Service Areas do not include any area within the city limits of any other incorporated municioality. (3) Full size maps of the City of Port St. Lucie Water and Wastewater Service Areas are on file with the city clerk and is in the utility offices. and are available for ins-pection and review. (4) Wherever in Title VI of this Code reference is made to service area or areas or Service Area or Areas. such reference shall be deemed to. and shall. refer to the City of Port St. Lucie Water and Wastewater Service Areas. SECTION 12. That the following is added to the Port St. Lucie City Code as Section 63.25: §G3.25 MISCELLANEOUS POLICIES. A. General utility systems policies. (1) To the fullest extent oermitted by law, all commercial or industrial buildings and structures which are located on property ih the City of Port St. Lucie Water and Wastewater Service Areas and which are adjacent to a public right-of-way or easement that has a water main or sanita~ sewer located in it and -28- '-' ""'" ORDINANCE 95--70 available. are hereby required. except as provided in subsections (2) or (3). to connect with and use. within three hundred sixty- five (365) days, the services and facilities of the city's water and/or wastewater systems in order to preserve the health, safety and welfare of the citizens and inhabitants of the City of Port St. Lucie Water and Wastewater Service Area. (2) A water main or sanitary sewer is considered adiacent or available to a proper1:y when it is located anywhere in a public right-of-way or easement adjoininq the property. A water main or sanitary sewer will not be! considered available in a State Road right-ot-way unless it is located on the same side of the paved roadway as the property to be served. (3) All new construction of any type must connect to the water and/or wastewater services of the city if the property on . which such new construction takes place is adjacent to a public ~iqht-of-way or easement in which a water main or sanitary sewer is located. (4) If a water main is ad iacent or available to a property. and a residential buildina or structure located on that pro~erty is connected to an individual well, then that residential building or structure will be required to be connected to the city's water system when the well system fails, becomes contaminated or experiences a dry well condition or a permit is -29- " '-' "-" ORDINANCE 95- 70 requested from the St. Luc ie County Health Department or other appropriate authority for a replacement well. If a sanitary sewer is adjacent or available to a Droperty. and a residential buildina or structure located on that proDerty is connected to a seDtic tank system. then that residential building or structure will be required to be connected to the city's wastewater system when the septic tank fails or a permit is requested from the St. Lucie County Health Department or other appropriate authority for a septic tank or drainfield replacement. (5) Any property which is currently utilizina a well for irrigation purDoses shall be able to continue to utilize such well notwithstanding existing or future connection to the city's water system. No cross connection between potable and nonpotable systems will be allowed. (6 \ Notwithstandina any provision of this chapter to the contrary. in the event that there shall exist a health or safety hazard which ma be eliminated b ction to cit 's water a or wastewater systems. any building or structure imDacted thereby shall be required to connect immediately or as soon as oracticable in light of the circumstances. (7) In the event it shall be necessary for a developer or customer to extend a water line to establish service to a particular Droperty and to install more than one fire hydrant on -30- ....." '-" ORDINANCE 95- 70 such extended water line. the cost of the first fire hydrant shall be borne by the developer or customer and the actual cost of any additional fire hYdrant(s) shall be a credit applied aaainst the ca-pital charge for such developer or customer due for water service. but only to the extent of such water capital charae. (B) policies applicable to special assessment districts. (1) When a new residential or commercial or industrial buildina or structure is to be constructed upon property in the City of Port St. Lucie Water and Wastewater Service Areas and is in a special assessment district within which water and/or wastewater service is to be adiacent and available to such property within two (2) years. such new building or structure must connect to such water and/or wastewater service when it becomes adjacent or available to the property. In such event, all capital charges and other fees and charges applicable to connection to the city 's utili tv Systems shall be paid to the City at the time a buildina permit is issued in the case of residential construction and upon execution of a Developer's Aareement, in the event of commerctal or industrial construction. (2) In the event a residential building or structure located within a special assessment district is reqµired to connect to the City's water and/or wastewater systems as required in Section 63.25(A)(4) or (6). the owner of such building or structure -31- ~ ......, , . ORDINANCE 95-~ shall have the right to elect to pay such costs of installation of the grinder system (in the case of wastewater service), as the City Council shall approve, and capital charaes for such water and/or wastewater service to the city, over a period of ten (10) years, without the accrual of interest. The capital charges will be paid each month in the amount of one-one hundred and twentieth (1/120th) of the applicable capital charges then existing at the time of connection, until such deferred capital charges are paid in full, as evidenced on each monthly statement for utilities services. If the customer is not the property owner, allocation of the deferred capital charges shall be a personal matter between the customer and the property owner. SECTION 13. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid and unconstitutional by any court of competent jurisdiction, -'such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions thereof. SECTION 14. CONFLICTS. In the event of any conflict between the provisions of this Ordinance and any other ordinance, resolution or'portions thereof, the provisions of this Ordinance shall prevail to the extent of such conflict. -32- I '. ~ ~ ORDINANCE 95-~ SECTION 15. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days from the date set forth below. PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this 27thday of November , 1995. SAND K. HNSON, City Clerk (Off. iC~~.·l se~~)\:~:·"·.·, ~. 0 R r . ..~ ' , ( It.. . , ....,.. u, .. ~ ~'.'~~~~" :.~.O~~( J~\'. : - : "'~~"~'("'" ..., . u . v ....~..... ," : -.. . _... ,.., ::i· ~ f, ~ ... Sf.'^L .... '.=\ ......,J .' ':. '0 1 . . 1 ...~.. . ~., ..... ... ~ . ~ ~ ...... .~ ~ . t. . , , .. ../ ..< "1 ". '11#. ~ (! ~pUjfØ ..uø;oœNfY an OfpOM ST.WCIE 1MI81S1OŒRT.IFV1AAT~ IS A 'tRUE AND CORRECt Of 11£ RECOfIOS ON fu.E IN iM1S OffICE ... .- ",t'. . " ~ ( . '0 "'c 1,~1 C\...· ') "'" \~~ .. . . .. . . . ".1 -. ';¡;¿ß-~ wr CŒR ~~ tf,.~ð-4C ~~ ~ .~ '. v' '. It ., : -33- '. . ORDINANCE 95_~70 APPENDIX: WATER, WASTEWATER SCHEDULE (A) Monthly water and wastewater (1) Residential single family and rates. facility charge (BFC): 5/8" x 3/4" (St~ndard Residential Meter) $.~ti $5.71 ~~*'m Wastewater BFC $1:1~~$12.. 09 for all meter sizes ';I:;;;S1~~ Hater Size Water BPC ~~ It.w~ fjfl:l?~~1 i~f¡;;".~< ~i*.1_~',.i',·.':, , " ". """,.,,. ..;...,"..".~; \~i$!J ~ :~M \~ ¡¡¡~1it_~~ ~~ ~iI! mil ¡1J; '&~; !!î~~~ ._~i æ'~1·~¡¡¡¡~ -~~~ plus gallonage rate per 1,000 as follows: Block 1 Block 2 (2) . $ ~"!Z'.'" ,,'~ :' ').:jj:~ ,< :~,(.,. _.~ - '.., i: 2 6 .. .. . ,,-,<' . $ ~;'9i:::;"» U.Q. $ $ Water wastewater Gallons Cap (gal) 1-15,000 6,000 Above 15,000 $ n/a Water Rate Wastewater Rate Residential multi-familY BFC (includes condominiums and apartments): BFC Wastewater BPC Per dwelling Unit: (When master metered) $ $ -34- ~ , . ORDINANCE 95-~ Plus gallonage rate per 1,000 Water Rate Wastewater Rate as follows: Water Ga.llons Wastewater cap (gal) 1000 6,000 Above 15,000 n/a Block 1 Block 2 $ i.l: $ ~ $ n/a (3) Non-residential BFC: Meter Size Water BFC 5/8" x 3/4" 1" 1-1/2" 2" 3" 4" 6" 8" 10" 12 " $ Wastewater BFC 5.(f:8~~# .. ...·::,,~:;~'.'.>,ù:~~~ ~·:<....:>:V:·;·io"Û;;':> ~~~i.i'.1 ~,:,,:::::>.j:r.:;''':':''::'''''í- . ...v,-,'"...·.y;v;<,J>,M.· ~.~§11 116r$.)jt~ ~:~~~~;::':~:~'$# if$~¡~¡;~ ç;""~.",l.""'...,,,~ ~;ijj~~ ~a~~~*~ ~1~:~~~.1 ¡~~~¡~.ijm.1 3ç:~~~:~:i?~~:~;:;:::;~,* Plus gallonage rate per 1000 gallons as follows: Water Rate Block 1 Block 2 $ $ There shall be no wastewater cap customers. Wastewater Rate $ 1i~1 6.53 $ n/a 12.09 30.24 60.4~ 96.70 189.34 302.07 604.10 966.55 1,389.44 2,597.63 this class of users and -35- '. ~ ORDINANCE 95- 70 Monthly water block gallonage per Gallons in Block 1 Meter Size 5/8" x 3/4" 0-151000 0-381000 0-75,000 0-120,000 0-240,000 0-375,000 0-750,000 0-1,200,000 0-1,725,000 0-3,225,000 1" 1-1/2" 2 .. 3" 4" 6" 8" 10" 12 " (4) Residential wastewater only; 1 ) 2) Single family flat Multi-family flat rate: size: Gallons in Block 2 Above 15,000 Above 381000 Above 75,000 Above 120,000 Above 240,000 Above 375,000 Above 750,000 Above 1,200,000 Above 1,725,000 Above 3,225,000 $\ii."! 3 3 . 9 3 $~B1Ø:$j :*::i:.%~~):J~:::;~:*::: ( 5 ) STEP System customers. charges outlined ~bove, credit month towards STEP System. to the monthly shall receive a $0.20 electricity for the (B) Propane ga& rates, fees and $9 0, plus gallonage gallons): $1.252 ( 1 ) BFC (includes up to 5.5 rate (per gallon in (2) Customer deposits. All equal to two months whichever is greater. -36- I pay a deposit for service or $25.00, II .. ORDINANCE 95-~ ill LU f:\data\rnk\psl1\ordinance.94.44 Revision date: October 31, 1995 -37- ~ % ~ ... c: n M n ~ .. r- ~ ~ J> -¡ rl (1):::0 ~ \.~ M :::oJ> <2 ......0 "" n .. n M ::¡ M '" -< ., rl~ < <: ¡:¡ r ñ J>t:; i M .. ::¡ .. ~ iO-¡ ¡¡¡ .... '" 1"'1 Mrl .. '" J>~ § !!I ª J> ;¡; § ..... -¡ :i '" co ~ rl !:: !; '" n N -< ..... '/!. .. ... r ,., % i :ìIi :¡ ::¡ .... "" .....5'''1 l~~ ¡~l~ h. '-' '-' Page 1 Citationffitle FSA § 180.06, Activities authorized by municipalities and private companies *19413 West's F.S.A. § 180.06 WEST'S FLORIDA STATUTES ANNOTATED TITLE XU. MUNICIPALITIES CHAPTER 180. MUNICIPAL PUBLIC WORKS Current through End of 1998 2nd Reg. Sess. 180.06. Activities authorized by municipalities and private companies Any municipality or private company organized for the purposes contained in this chapter, is authorized: (1) To clean and improve street channels or other bodies of water for sanitary purposes; (2) To provide means for the regulation of the flow of streams for sanitary purposes; (3) To provide water and alternative water supplies, including, but not limited to, reclaimed water, and water from aquifer storage and recovery and desalination systems for domestic, municipal or industrial uses; (4) To provide for the collection and disposal of sewage, including wastewater reuse, and other liquid wastes; (5) To provide for the collection and disposal of garbage; (6) And incidental to such purposes and to enable the accomplishment of the same, to construct reservoirs, sewerage systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works, collection systems, treatment and disposal works; (7) To construct airports, hospitals, jails and golf courses, to maintain, operate and repair the same, and to construct and operate in addition thereto all machinery and equipment; (8) To construct, operate and maintain gas plants and distribution systems for domestic, municipal and industrial uses; and . (9) To construct such other buildings and facilities as may be required to properly and economically operate and maintain said works necessary for the fulfillment of the purposes of this chapter. However, a private company or municipality shall not construct any system, work, project or utility authorized to be constructed hereunder in the event that a system, work, project or utility of a similar character is being actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private company consents to such construction. CREDIT(S) 1998 Electronic Pocket Part Update Copyright (c) West Group 1998 No claim to original U.S. Govt. works '-'" ......" S79 So.2d 219, City of Mount Dora v. ]]'s Mobile Homes, Inc., (Fla.App. S Dist. 1991) Page 1 *219 S79 So.2d 219 16 Fla. L. Weekly IllS CITY OF MOUNT DORA, Florida, Appellant, v. JJ's MOBILE HOMES, INC., Appellee. No. 90-733. District Court of Appeal of Florida, Fifth District. April 2S, 1991. Private utility that had been granted Public Service Commission certificate to provide water and sewer service brought action against municipality for determination that utility had exclusive right to provide service within certificated area even after municipality's annexation of tract within area. The Circuit Court for Lake County, Ernest C. Aulls, Ir., I., granted summary judgment in favor of utility, and municipality appealed. The District Court of Appeal, Cowart, 1., held that: (1) utility had exclusive right to provide service within area given that it was ready, willing, and able to do so; (2) fact that municipality was not subject to regulation by Commission did not mean that it could serve utility's certificated area; and (3) absence of word "exclusive" in utility's certificate did not mean that utility' s rights were not in fact exclusive. Affirmed. / Harris, I., dissented with opinion. 1. MUNICIPAL CORPORATIONS ~710 268 268XI 268XI(B) 268k710 Use and Regulation of Public Places, Property, and Works Sewers, Drains, and Water Courses Private sewers and drains. [See headnote text below] 1. WATERS AND WATER COURSES ~198 40S 40SIX Public Water Supply 40SIX(A) Domestic and Municipal Purposes 40Sk198 Licenses and taxes. Fla.App. S Dist. 1991. Public Service Commission water and sewer certificates issued to private utility granted utility exclusive right to provide water and sewer service to certificated area and such right precluded any other entity from having right to serve certificated area with water and sewer utilities. 2. PUBUC UTILITIES ~14l 317A - 317 AIll Public Service Commissions or Boards 317 AIll(A) In General 317Akl41 Nature and status. Fla.App. S Dist. 1991. Although municipal utility systems are not subject to regulation by Public Service Commission as utility, neither are municipalities given dominion over decisions of Public Service Commission. 3. MUNICIPAL CORPORATIONS ~71O 268 268XI Use and Regulation of Public Places, Property, and Works 268XI(B) Sewers, Drains, and Water Courses 268k710 Private sewers and drains. [See headnote text below] 3. WATERS AND WATER COURSES ~198 40S 40SIX Public Water Supply 4OSIX(A) Domestic and Municipal Purposes 40Sk198 Licenses and taxes. Fla.App. S Dist. 1991. Under statute dealing with operation of competing utility services, municipality had to obtain private utility's consent before construction of water and sewer utilities within private utility's certificated area after annexing tract within certificated area and, without such consent, private utility had exclusive right to provide service within area, notwithstanding municipality's contention that statute did not apply because private utility did not actually provide service to area; private utility was ready, willing, and able to serve utility needs of its service area. West's F.S.A. Sec. 180.06. 4. MUNICIPAL CORPORATIONS ~710 268 268XI Use and Regulation of Public Places, Property, and Works 268XI(B) Sewers, Drains, and Water Courses 268k710 Private sewers and drains. Fla.App. S Dist. 1991. Although municipal utility was not subject to regulation by Public Service Commission, municipality did not have authority to interfere with rights granted by Commission to private utility in area Copyright (c) West Group 1998 No claim to original U.S. Govt. works ~ """ 579 So.2d 219, City of Mount Dora v. JJ's Mobile Homes, Inc., (Fla.App. 5 Dist. 1991) Page 2 that was subsequently annexed by city. West's F.S.A. Sec. 367.022(2). 5. FRANCHISES ~1 183 183kl Nature of right. Fla.App. 5 Dist. 1991. When granted, franchise becomes property right in legal sense of the word. 6. MUNICIPAL CORPORATIONS ~710 268 268XI Use and Regulation of Public Places, Property, and Works 268XI(B) Sewers, Drains, and Water Courses 268k71O Private sewers and drains. [See headnote text below] 6. WATERS AND WATER COURSES ~198 405 405IX Public Water Supply 405IX(A) Domestic and Municipal Purposes 405k198 Licenses and taxes. Fla.App. 5 Dist. 1991. Fact that certificate issued by Public Service Commission to private utility did not use word "exclusive" did not mean that utility's right to provide sewer and water services in certificated area was not exclusive insofar as utility had ability to promptly provide service to public within area even after municipality annexed tract within area. West's F.S.A. Sec. 367.011 et seq. -' 7. PUBLIC UTILITIES ~11~ 317A -- 317 All Regulation 317 Alc113 Certificates, permits, and franchises. Fla.App. 5 Dist. 1991. Essence of concept of utility serving the public is that it is in best interest of public that entities, governmental or private, providing utility services not be permitted to compete as to rates and service and that each entity be given exclusive service area and monopolistic status. 8. PUBLIC UTILITIES ~114 317A - 317 All Regulation 317 Ak114 Service and facilities. Fla.App. 5 Dist. 1991. Term "public utility" implies public use with duty on public utility to service public and treat all persons alike. See publication Words and Phrases for other judicial constructions and definitions. 9. PUBLIC UTILITIES ~113 317A - 317 All Regulation 317 Ak113 Certificates, permits, and franchises. Fla.App. 5 Dist. 1991. Territorial rights and duties relating to utility services as between prospective suppliers are more properly defined and delineated by administrative implementation of clear legislation than by judicial resolution of actual cases and controversies resulting from lack of clear legislative direction; however, in absence of clear legislative intent, courts must resolve individual disputes by application of principles that appear to best serve public and to be fair and equitable to legitimate competing interests. 10.PUBLIC UTILITIES ~113 317A -- 317All RegtÙation 317Ak113 Certificates, permits, and franchises. Fla.App. 5 Dist. 1991. Basis for right of both governmental and private entities to provide utility services to public is statutory, and franchise right of each is equal and neither entity is, per se, superior or inferior to the other. I1.PUBLIC UTILITIES ~113 317A - 317 All Regulation 317Ak113 Certificates, permits, and franchises. Fla.App. 5 Dist. 1991. Franchise granted to entity, either governmental or private, authorized by law to provide utility service to public may be exclusive as to both type of service and territory . 12.PUBLIC UTILITIES ~114 317A - 317 AIl Regulation 317Ak114 Service and facilities. Fla.App. 5 Dist. 1991. Right to provide utility services to public carries concomitant duty to promptly and efficiently provide those same services. 13.PUBLIC UTILITIES ~113 317A - 317 All RegtÙation 317Ak113 Certificates, permits, and franchises. Copyright (c) West Group 1998 No claim to original U.S. Govt. works '-'" ...",,¡ 579 So.2d 219, City of Mount Dora v. ]J's Mobile Homes, Inc., (Fla.App. 5 Dist. 1991) *219 Fla.App. 5 Dist. 1991. Right to provide utility services to public in franchised territory is inherently subject to, and conditioned upon, ability of franchise holder to promptly and efficiently meet its duty to provide such services. West's F.S.A. Sec. 367.045(5)(a). 14.PUBLIC UTILITIES ~1I3 317A - 317AJI Regulation 317 Akll3 Certificates, pennits, and franchises. Fla.App. 5 Dist. 1991. When public service entity, either governmental or private, has earlier acquired legal right to provide services in particular territory but does not have present ability to promptly and efficiently meet its duty to do so, public is entitled to be served by some other public service entity that does have present ability to provide needed service, although legal claim of right of second entity to provide such service is secondary in time priority to prior legal right of entity without ability. l5.PUBLIC UTILITIES ~1I3 317A --- 317 AJI Regulation 317Akll3 Certificates, pennits, and franchises. Fla.App. 5 Dist. 1991. When each of two public service utility entities, whether governmental or private, have legal basis for claim of right to provide similar services in same territory, and each has present ability to promptly and efficiently do so, that entity with earliest acquired legal right has exclusive legal right to provide service in that territory without interference from entity with later acquired claim of right. *221 Sherri K. Dewitt and Houston E. Short of Graham, Clark, Pohl & Jones, Winter Park, for appellant. Mary M. McDaniel of Minkoff & McDaniel, P.A., Tavares and Robert Q. Williams of Williams, Smith & Summers, P.A., Tavares, for appellee. COWART, Judge. 1ñis case involves a territorial dispute between a private utility company with certificates from the Florida Public Service Commission (pSC) authorizing it to provide utilities in a certain geographical territory and a municipality which, subsequent to the acquisition by the private company of its utility Page 3 franchise, annexed a portion of the private utility company's service area and claims the right to provide similar utility services in the annexed portion of the private utility company's service territory. In 1981, a private utility company, ]J's Mobile Homes, Inc. (appellee herein, plaintiff below) obtained from the Florida PSC certificates of necessity granting the private utility company the right (franchise) to operate a water and sewer utilities system within a specified geographical territory near, but outside of, the city limits of a municipality (the City of Mount Dora, appellant herein, defendant below). In 1988, the municipality voluntarily annexed into its city limits a tract of land most of which is within the private utility company's certified service territory and by ordinance approved a land developer's proposal that the municipality serve the developer by extending the municipality's water and sewer utilities into a portion of the newly annexed area of the private utility company's certified service territory . The private utility company, as plaintiff, filed this action against the municipality, as defendant, for a judicial determination that the private utility company had the legal right to provide water and sewer service within all the territory specified in its certificates from the Florida PSC and tlilit the municipality did not have the legal right to provide the same utility service within the territory. The trial court granted summary judgment in favor of the private utility company and the municipality appeals. [1][2][3] We adopt the trial court's finding of uncontroverted facts, conclusions of law and results. The trial court found the following facts to be uncontroverted: 1. The Plaintiff (private company) owns and holds Florida Public Service Commission Certificates Number 298- W and 248-S granting the Plaintiff the right to operate a water and sewer utility system within a specified territory. 2. On March 5, 1981, the Florida Public Service Commission entered an order approving the issuance of the foregoing water and sewer certificates to the Plaintiffs and in said order, found that notice as required by law had been given and that the issuance of the certificates to the plaintiff was "in the public interest. " 3. Pursuant to that authority, the Plaintiff owns, Copyright (c) West Group 1998 No claim to original U.S. Govt. works '-" ......,,; 579 So.2d 219, City of Mount Dora v. JJ's Mobile Homes, Inc., (F1a.App. 5 Dist. 1991) operates and maintains an approved water and sewer utility system within the certified territory, which utilities have been in operation since the mid-1970's. 4. The Plaintiffs certificated territory encompasses Dora Pines mobile home subdivision, together with a large parcel of currently undeveloped property. The Plaintiff s utilities currently serve the Dora Pines mobile homes subdivision, which consists of approximately one hundred *222 thirty-eight (138) water and sewer customers. 5. At the time the Plaintiff s water and sewer systems were constructed; they were designed and built for the purpose of providing water and sewer utility service to the entire certificated territory . The Plaintiff s utilities have the present ability to provide water and sewer service to the certificated territory . 6. The Plaintiff's water and sewer utilities have current operating permits from the Department of Environmental Regulation, which permits are valid through October 15, 1994. The sewer plant is currently permitted for ninety-five thousand (95,000) gallons per day, and current flows going into the plant are only about seventeen thousand (17,000) gallons per day. The plant is designed so as to be expandable up to two hundred ninety-five thousand (295,000) gallons per day. 7. Sometime in 1987, the Plaintiff learned that the Defendant was considering-the voluntary annexation of a large tract of property, a significant portion of which was within the Plaintiff s certificated territory. The Plaintiff objected at that time to the City's proposed extension of its municipal utilities into the Plaintiff s certificated territory. 8. In Ordinance 467 (adopted May 3, 1988) and Ordinances 488, 489 and 490 (adopted October 3, 1989), the City voluntarily annexed a tract of contiguous property, most of which lay within the Plaintiff s certificated territory. In Ordinance 529 (adopted October 3, 1989), the City authorized a planned unit development for the annexed property and as a part of that ordinance, adopted a developer's agreement calling for water and sewer utilities to be furnished by the City to the annexed property . 9. On March 31, 1989, the Plaintiff, through its attorney, formally notified the City of its claimed right to provide water and sewer service to its Page 4 certificated territory. 10. The Plaintiff is currently actually operating its water and sewer utility within its certificated territory. The Plaintiff s existing water and sewer lines extend to a point that is immediately adjacent to the annexed property making them much closer to the annexed property than the Defendant's water and sewer line. The trial court made the following conclusions of law: 1. The Public Service Commission water and sewer certificates issued to the Plaintiff grant the Plaintiff the exclusive right to provide water and sewer utilities service to the certificated territory. This right precludes any other entity from having the right to serve the certificated area with water and sewer utilities. 2. Although municipal utility systems are not subject to regulation by the Public Service Commission as a utility, neither are municipalities given dominion over decisions of the Public Service Commission. 3. The Plaintiff's actual operation of its water and sewer utility within its certificated territory is in territory which is; immediately adjacent to the Defendant. Therefore, pursuant to Section 180.06, Florida Statutes (1989), the Defendant must obtain the Plaintiff s consent before construction of water and sewer utilities within the Plaintiff s certificated area. Without that consent, the Plaintiff has the exclusive right to provide service within its certificated territory. The trial court declared and adjudicated: ... that the water and sewer certificates issued to the Plaintiff by the Florida Public Service Commission grant the Plaintiff the right to furnish water and sewer utility service to the certificated territory as described in the certificates to the exclusion of all other utilities, including those owned by the Defendant. Accordingly, the Defendant may not extend its water and sewer utility lines into any part of the Plaintiff s certificated territory. Section 180.06, Florida Statutes, after enumerating activities authorized by municipalities and private companies, provides: *223 However, a private company or municipality Copyright (c) West Group 1998 No claim to original U.S. Govt. works '-' -....,I 579 So.2d 219, City of Mount Dora v. JJ's Mobile Homes, Inc., (Fla.App. 5 Dist. 1991) sball not construct any system, work, project or utility authorized to be constructed hereunder in the event that a system, work, project or utility of a similar character is beine: actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private company consents to such construction. [Emphasis added]. The city argues that section 180.06, Florida Statutes, does not apply because the private company does not actually provide services to the disputed area. The restriction of the statute was designed to avoid the wastefulness of duplicate capital investments for competing utilities that could not likely be operated without financially jeopardizing each other's operating revenues if erected in the same consumer territory. State v. piàD.t City, 127 Fla. 495, 173 So. 363 (Fla.1937) (construing Ch. 17119, Sec. 1, Laws of Fla., predecessor statute to Sec. 180.06, Fla.Stat.). In regard to section 180.06, Florida Statutes, in Ortega Utility v. City of Jacksonville, 564 So.2d 1156 (Fla. 1st DCA 1990), the court held: While the statute is not a monument to clarity and draftsmanship, ... we interpret it only to prohibit direct encroachment by one utility provider into an operating area already served by another. Any other interpretation would not seem to comport with logic or reason. Under our interpretation, there would be no duplicate capital investment within the same consumer territory. In Ortega, the private company provided services within a specific (certified) area. The city planned to provide service to an area outside but located near the private company's certified area. In addition the private company had neither the capacity nor plans to serve the new area. This case is distinguished from Ortega in that in Ortega the area sought to be served by the municipality was outside the private company's certified area and the private utility company did not have the capacity to serve the area the municipality sought to service, while in this case, the area the municipality proposes to serve is within the territory which the private company has the prior legal right to serve and the private company is ready, willing and able to serve the utility needs of its service area. (FNl ) Page 5 [4] The municipality argues that it is not subject to regulation by the PSC and interprets this statement to mean that it may serve with utilities an area within the city's boundary whether or not the PSC may have theretofore issued a certificate of necessity authorizing a private utility company to provide similar utility services in the same area. Chapter 367, the "Water and Wastewater System Regulatory Law" provides the Florida Public Service Commission with exclusive jurisdiction over the authority, service and rates of utilities. Section 367.022(2) provides: 367 .022 Exemptions-The following are not subject to regulation by the commission as a utility nor are they subject to the provisions of this chapter except as expressly provided: * * * * * * (2) Systems owned, or systems of which the rates and charges for utility service to the public are controlled, by governmental authorities. [5] The certificates issued to the private company by the PSC are a granting of a privilege generally referred to as a franchise. A franchise is defmed as "a special privilege conferred by the government on individuals or corporations that does not belong to the citizens of a country generally by common right (citations omitted.)" 12 McQuillin, Municipal Coroorations, Sec. 34.03 (3d Ed.). When granted, a franchise "'224 becomes a property right in the legal sense of the word. Leonard v. Baylen Street Wharf Co., 59 Fla. 547, 52 So. 718 (1910); West Coast Disposal Service, Inc. v. Smith, 143 So.2d 352 (Fla.2d DCA 1962), cert. denied. 148 So.2d 279 (Fla. 1962). But see. Alterman Transport Lines, Inc. . v. State, 405 So.2d 456 (Fla. 1st DCA 1981) where the court rejected the argument of holders of certificates of public convenience that the deregulation of the trucking industry took away a valuable property right of the holders (the certificates) and impaired existing contracts. In Pahokee Housing Authority v. South Florida Sanitation Co., 478 So.2d 1107 (Fla. 4th DCA 1985), rev. denied. 491 So.2d 280 (Fla. 1986), a dispute arose between a housing authority and the holder of an exclusive garbage franchise from the county over garbage collection in the area controlled by the authority. The authority decided to collect and dispose of its own garbage, claiming it was exempt Copyright (c) West Group 1998 No claim to original U.S. Govt. works ~ "-" 579 So.2d 219, City of Mount Dora v. JJ's Mobile Homes, Inc., (F1a.App. 5 Dist. 1991) Page 6 from the exclusive franchise granted by the city. The ttial court found that the authority's intrusion violated the private company's exclusive franchise. The disttict court affirmed but reversed the damages awarded to include the holder's costs of operation. Southern Gulf Utilities, Inc. v. Mason, 166 So.2d 138 (Fla.1964) is cited by the city for the broad proposition that the PSC has no authority whatsoever over utilities operated by governmental agencies. Mason must be read more narrowly. In Mason, a private company with an exclusive certificate issued by the PSC sought the PSC to issue a stop order for a municipal utility which invaded the private company's service area. The PSC disnùssed the private company's complaint on the grounds that the PSC had no authority to restrain a governmental agency from invading the service area of the private company. The supreme court agreed but specifièally noted it did not rule on the rights of the parties which rights were being litigated in an action for injunction in the circuit court which was not the subject of the appeal. This case presents no question as to the PSC's authority, as distinguished from the circuit court's subject matter jurisdiction, to restrain the city from invading the private company's area. Although governmental utilities are exempt from the authority of the PSC this does not mean that the governmental unit has the authority to interfere with rights granted a private utility company by the PSC. The PSC certificates issued to the private company represent a valuable property' right and the city is not authorized to interfere with those preexisting rights by the mere subsequent annexation of a portion of the private company's territory. [6] The municipality further argues that the ttiaI court erred in finding as a matter of law that the certificates issued to the private utility company granted an exclusive right to provide utilities to the service territory because the ~ertificates as issued do not use the word "exclusive." In this case the PSC issued the private utility company certificates of necessity authorizing the private utility company to provide the public with water and sewer in the questioned territory before the municipality, which has the general legal authority to provide similar services within its municipal limits, annexed the area. The private utility company not omy had the prior legal right but, more importantly, it also had the ability to meet its duty to provide such services. The statutory scheme of Chapter 367, (FN2 ) as well as the concept of a public utility, envisions that the right granted by the PSC to a private utility company is exclusive to the extent that such company has the ability to promptly provide service to the public within its franchised territory. [7][8] The essence of the concept of utilities serving the public is that it is in the best interests of the public that the entities, governmental or private, providing utility services not be permitted to compete *225 as to rates and service and that each entity be given an exclusive service area and monopolistic status. This unusual econonùc advantage is given a utility in our free market economy in exchange for the utility relinquishing its usual right to determine the level of service it provides and to set its own competitive rates and subnùtting those two matters to a governmental authority which regulates the quality of service to be provided and sets rates to provide the utility a reasonable return on its investment. The term public utility implies a public use with a duty on the public utility to service the public and treat all persons alike. See. 73 C.J.S., Public Utilities Sec. 2 (1983) and 78 AmJur., Waterworks and Water Companies. Sec. 2 (1975). [9] Territorial rights and duties relating to utility services as between prospective suppliers are more properly defined and' delineated by administrative implementation of clear legislation than by judicial resolution of actual cases and controversies resulting from the lack of clear legislative direction. However, the problem is currently a controversial political matter in the State of Florida and in the absence of clear legislative intent, courts must resolve individual disputes by the application of principles which appear to best serve the public and to be fair and equitable to legitimate competing interests. Some such principles are: [10] (1) In Florida the basis for the right of both governmental and private entities to provide utility services to the public is statutory and the franchise right of each is equal and neither entity is, per se, superior or inferior to the other. [11] (2) A franchise granted to an entity, either governmental or private, authorized by law to provide utility service to the public, may be exclusive as to both type of service and territory. See. St. Joe Natural Co. v. City of Ward Ridge, 265 So.2d 714 (Fla. 1st DCA 1972), cert. denied. 272 So.2d 817 (Fla. 1973). Copyright (c) West Group 1998 No claim to original U.S. Govt. works '-' ......¡ 579 So.2d 219, City of Mount Dora v. ]J's Mobile Homes, Inc., (Fla.App. 5 Dist. 1991) [12] (3) The right (franchise) to provide utility services to the public carries a concomitant duty to promptly and efficiently provide those same services. See, 73B C.J.S., Public Utilities. Sec. 2 (1983). [13] (4) The right (franchise) to provide utility services to the public in a franchised territory is inherently subject to, and conditional upon, the ability of the franchise holder to promptly and efficiently meet its duty to provide such services. Section 367.045(5)(a), Florida Statutes. [14] (5) When a public service entity, whether governmental or private, has a prior (earlier acquired) legal right to provide services in a particular territory but does not have the present ability to promptly and efficiently meet its duty to do so, the public is entitled to be served by some other public service entity which does have the present ability to provide the needed service although the legal claim of right of the second entity to provide such services is secondary in time priority to the prior legal right of the entity without the ability. (FN3) [15] (6) When each of two public service utility entities, whether governmental or private, have a legal basis for the claim of a right to provide similar services in the same territory and each has the present ability to promptly and efficiently do so, that entity with the earliest acquired (prior) legal right has the exclusive legal right to provide service in that territory without interference from the entity with the later acquired (subsequent) cláim of right. AFFIRMED. GOSHORN, J., concurs. HARRIS, J., dissents with opinion. HARRIS, Judge, dissenting. I would like to concur in the majority opInIOn because I believe that the regulatory scheme devised by the trial court and approved by the majority is fairer than the one enacted by the legislature. Under the majority's water and wastewater system plan, the franchisee is given an exclusive area which cannot be encroached upon by anyone so long as it services or is capable *226. of servicing the area. Unfortunately the legislative plan is different and I believe controls. Under chapter 367 there is no authority for the Public Service Commission to grant an exclusive Page 7 franchise area. The certificate in this case does not purport to grant an exclusive franchise area. The commission grants exclusivity by limiting the number of franchises in any given area. Therein, of course, lies the problem. A governmental agency, such as appellant, is exempted from the jurisdiction of the Public Service Commission in supplying water and sewer services within its corporate limits. The subject property has now been annexed at the request of the property owner and is part of the municipality. The municipality may now serve the area without a permit from the Public Service Commission. If it is to be prohibited from proceeding to provide service, it must be under the strictures of section 180.06. To preclude appellant under this section, appellee must be actually operating within or adjacent to the annexed area. Such has not been shown in this record. Ability or capacity to operate in or adjacent to the annexed area is not sufficient, under this statute, to deny the municipality the right to extend its water and sewer lines. The majority believes, as I do, that one who makes an investment in reliance on a certificate deserves economic protection. (FN1) To provide this protection the majority recognizes an exclusive franchise area. This, however, permits the Public Service Commission, by granting a service area to a private company, even within the municipality, (FN2) to exclude future municipal development. This indirectly permits the Public Service Commission to regulate the service and service area of the municipality contrary to the express exemption contained in the statute. I would REVERSE. FNl. In City of Winter Park v. Southern States Utilities, Inc., 540 So.2d 178 (Fla. 5th DCA 1989), this court held that where a city did not have the present ability to serve the public the city had no legal right to prevent a private company certified to provide services to an area within the city's territorial limits, from serving the public where the private company had the present capability to provide services. FN2. Section 367.011(2), Florida Statutes, provides: The Florida Public Service Commission shall have exclusive jurisdiction over each utility with respect to its authority, service and rates. FN3. City of Winter Park v. Southern States Copyright (c) West Group 1998 No claim to original U.S. Govt. works "-' ...." 579 So.2d 219, City of Mount Dora Y. ]1's Mobile Homes, Inc., (Fla. App. 5 Dist. 1991) Page 8 Utilities, 540 So.2d 178 (Fla. 5th DCA 1989). FN1. I urge that this protection should come from the legislature. FN2. Sec. 367.021(10), FIa.Stat. (1989). .. Copyright (c) West Group 1998 No claim to original U.S. GOyt. works '--' ..,J 1999 WL 22430, Lake Utility Services, Inc. v. City of Clermont, (Fla.App. 5 Dist. 1999) Page 1 *22430 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. LAKE UTILITY SERVICES, INC., Appellant, v. CITY OF CLERMONT, Florida, Appellee. No. 98-185 District Court of Appeal of Florida, Fifth District. Jan. 22, 1999. Appeal from the Circuit Courtfor Lake County ,Don F. Briggs, Judge. Martin S. Friedman of Rose, Sundstrom & Bentley, LLP, Tallahassee, for Appellant. Jacob Varn of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tallahassee, and Hala Sandridge of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, for Appellee. Robert Vandiver and Bobbie L. Reyes, Tallahassee, Amicus Curiae, for Florida Public Service Com'n. Kenneth A. Hoffman and John R. Ellis of Rutledge, Ecenia, Underwoood, PurnelL & Hoffman, P .A., Tallahassee, Amicus Curiae, for Florida Waterworks Ass'n. DAUKSCH, J. **1 This case arose when appellant, Lake Utility Services (LUS), filed a co~plaint against appellee, City of Clermont (Clermont), for declaratory and injunctive relief. LUS alleged in its complaint that it had the exclusive right to provide water service to several areas in Lake County pursuant to certificate number 496-W. It alleged that in 1992, it filed an application with the Florida Public Service Commission (FPSC) to extend its certificated service area in the county. Clermont initially filed an objection but withdrew it one week before the final hearing on the matter. On November 24, 1992, the FPSC granted LUS's application. LUS alleged also that upon discovering that Lennar Homes, Inc. (Lennar) was going to develop a portion of property within its certificated territory, it advised Lennar of its exclusive right to provide water service to the development. However, Clermont also advised both Lennar and LUS that Lennar was required to use its water service in order to obtain development approval. LUS maintained that it was presently operating a water utility within its certificated territory and that it had the required permits and the ability to provide such service to Lennar's development, as evidenced by the FPSC's previous approval of its application to extend its service boundaries. It alleged further that Clermont was prohibited from providing water service to Lennar by section 180.06(9), Florida Statutes (1991). LUS alleged finally that it would suffer irreparable injury if Clermont were permitted to encroach upon its certificated area. Additionally, any damages sustained would be speculative. LUS maintained that even if it prevailed, it could lose the ability to serve those customers within its certificated territory. Accordingly, it sought a declaratory judgment determining that it had the exclusive right to provide water service within its certificated territory and an injunction prohibiting Clermont from encroaching upon its territory. Clermont filed an answer to LUS's complaint denying that LUS had the exclusive right and ability to provide water service to the subject area, including Lennar's development. As an affirmative defense, Clermont alleged that its utilities district had been created on February 25, 1992, pursuant to chapter 180 of the Florida Statutes and upon the enactment of ordinance 273-C. It alleged that the ordinance had established the district boundaries, authorized the extension of city utilities within the district based upon its water works and sewer ordinances and required all individuals or corporations living or doing business within the district to connect to the city's water and wastewater system when available. Clermont maintained that the ordinance had become effective approximately eight months before the FPSC had granted LUS's application to extend its certificated territory. Additionally, the ordinance pertained to the area in which Lennar's development was located. Clermont alleged that it was ready, willing and able to provide water service to the development. Finally, it alleged that the FPSC had no jurisdiction over governmental utilities. Accordingly, Clermont sought a declaratory judgment declaring that it had the exclusive right to provide water service to Lennar's Copyright (c) West Group 1999 No claim to original U.S. Govt. works ,.... ..." 1999 WL 22430, Lake Utility Services, Inc. v. City of Clennont, (Fla.App. 5 Dist. 1999) Page 2 development. It also sought a denial of LUS' s petition for injunctive relief. **2 Attached to Clennont's answer was a copy of ordinance 273-C. The ordinance reads in relevant part as follows: cm OF CLERMONT CODE ORDINANCE NO. 273-C AN ORDINANCE PURSUANT TO CHAPTER 180, FLORIDA STATUTES (1989) CREATING A CITY OF CLERMONT UTILITIES SERVICE DISTRICT; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE EXTENSION OF MUNICIPAL UTILITIES WITHIN THE DISTRICT BASED ON THE CITY OF CLERMONT WATERWORKS AND SEWER ORDINANCE; REQUIRING ALL PERSONS OR CORPORATIONS LIVING OR DOING BUSINESS WITHIN THE DISTRICT TO CONNECT TO THE CITY WATER AND W ASTEW A TER SYSTEM WHEN AVAILABLE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clermont owns and operates a central water distribution system and a central wastewater collection system and treatment facility; and WHEREAS, the City's _ utility systems are capable of delivering water and wastewater utility service to areas outside the municipal limits of the City; and WHEREAS, Chapter 180, Florida Statutes (1989) authorizes municipalities to extend their water and wastewater ,utilities beyond their municipal limits to provide utility services to unincorporated areas within the general vicinity of the municipality; and WHEREAS, Section 180.02(3), Florida Statutes (1989) authorizes municipalities to create a utility zone for up to five (5) miles from the corporate limits of the municipality and further authorizes municipalities to require customers in that area to connect to the municipal wastewater system, when available; and WHEREAS, the extension of water and wastewater systems by the City of Clennont within the subject utility district is environmentally sound and avoids costly duplication of infrastructure, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA: Section 1. Creation of District. There is hereby created the City of Clennont Utilities Service District (hereinafter referred to as the "District"). Section 2. District Boundaries. The District shall have the following boundaries: * * * Section 3. Extension of Utilities Authorized. The City is authorized and empowered to extend its water and wastewater utilities, including utility line, lift stations, booster pumps, wells, and storage tanks, to all areas within the District. All such utility extensions shall be governed by and be pursuant to the City of Clennont Water and Wastewater Ordinance (Ord. No. 239-C, et seq.) Section 4. Connection to Wastewater System Required; ExceptionS. All persons or corporations developing property (either commercial, industrial, institutional or residential) after the effective date of this Ordinance within the District shall be required to immediately connect to the City wastewater system, where available. Except for: 1) single- family dwelling units in existence on the date of this Ordinance, and 2) wastewater customers service by a private wastewater utility certificated by the Florida Public Service Commission, all persons or corporations living or doing business within the District as of the effective date of this Ordinance shall be required to connect to the City wastewater system within 180 days of when it becomes available. For purposes of this Ordinance, wastewater shall be deemed "available" as provided in Section 10D-6.52(7), F.A.C., which Section is hereby incorporated by reference. **3 Section 5. Utilities of Similar Character Prohibited. Except as otherwise provided by law, no private or public utility shall be authorized to construct within the District any system, work, project or utility of a similar character to that being operated in the District by the City unless the City consents to such construction. Copyright (c) West Group 1999 No claim to original U.S. Govt. works ,.... ."", 1999 WL 22430, Lake Utility Services, Inc. v. City of Clermont, (Fla.App. 5 Dist. 1999) Page 3 Section 6. Accomplishment and Regulation of Utility Zone. Any property annexed into the City of Minneola will be deleted from the City of C1ermonts [sic] Utility Service District. Section 7. Effective Date. This Ordinance shall take effect immediately upon its final adoption by City Council. First Reading this 14th day of January 1992. Second Reading this 25th day of February, 1992. PASSED AND OBTAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY. FLORIDA THIS 25th DAY OF FEBRUARY, 1992. LUS filed a reply to Clermont's answer and affinnative defense in which it alleged that its certificate took priority over ordinance 273-C, particularly when Clermont had voluntarily submitted the service area dispute to the FPSC for a detennination. It maintained that the FPSC's resolution of the matter was res judicata. Both parties filed motions for summary judgment. The only additional infonnation contained in Clermont's motion is that Lennar's development had been annexed into its city limits by the enactment of ordinance 323-M on November 26, 1996. Clermont also alleged that 403.7 acres (FN1) of the 1,288.6-acre development w¡1S in LUS's service area and that the remainder was in its city limits. - The record also contains an affidavit by Donald Rasmussen, LUS' s President, in which he explained that LUS filed its application with the FPSC in 1992 to extend its certificated service area in the county because sixty potable county water wells south of the city had been identified in 1990 as containing contaminated ethylene dibro~de. After Clermont determined that it was not feasible for it to provide water service to the homes, LUS agreed to do so. A hearing was held after which the trial court entered an order in favor of Clermont. The court reasoned in part as follows: 1. At issue in this matter is which of the above parties has the exclusive right to serve water utilities to a certain territory located in Lake County , Florida. 2. On February 25, 1992, the Defendant passed ordinance No. 273-C (exhibit A) extending both its water and wastewater utility service beyond its corporate boundaries to include the territory in question. Also included in the ordinance was a clause prohibiting any other utility from operating any water or wastewater utility without the consent of the City. 3. On November 24, 1992, the Plaintiff was granted by the Florida Public Service Commission the franchise rights to service water to an area of land in Lake County which also included the subject territory. See Exhibit B. 4. The Plaintiff has filed suit seeking declaratory judgment to determine their rights and injunction to prevent irreparable harm. **4 5. In Florida, two governmental entities have separate but concurrent jurisdiction over utility franchise rights. The Florida Public Service Commission has the power to award utility franchises to private and public utilities, and individual municipalities have the power to create utility zones for their exclusive service. See Cbs. 180 & 367, Fla. Stat. (1991). Neither entity has authority over the other, and neither entity may interfere with franchise zones created by the other. City of Mount Dora v. iPs Mobile Homes, Inc., 579 So.2d 219,225 (Fla. 5th DCA 1991). 6. When there is a conflict between a utility and a municipality over franchise rights, as there is in the above cause, it must be determined which party has the earlier acquired right and whether that party has the present ability to promptly and efficiently service the franchise area. Id. The City of Clermont's ordinance no. 273-C has the earliest date of any document in evidence and indicates that the City attempted to secure the area in question for utility service first. It must be determined whether that ordinance meets the requirements of the statutes [sic] 7. Section 180.06(3), Florida Statutes, states that a municipality has the power to supply water. Section 180.02(2), Florida Statutes, states that a municipality has the power to extend any of its powers beyond its corporate limits provided such is not extended into the corporate limits of another municipality. Section 180.06(9) prohibits one utility from encroaching upon an area already served by another without their consent. Also Ortega Utility Co. v. City of Copyright (c) West Group 1999 No claim to original U.S. Govt. works -- .,.", 1999 WL 22430, Lake Utility Services, Inc. v. City of Clermont, (Fla.App. 5 Dist. 1999) Page 4 Jacksonville, 564 So.2d 1156 (Fla. 1st DCA 1990). 8. As stated above, the ordinance in question extends it [sic] power to supply water and prohibits any other utility from operating similar services in the zone without the city's consent. The Court finds that the ordinance does not violate the statutes and is valid. Because the ordinance was first-in-time, the City satisfies the first prong of the IJ's Mobile Homes test. 9. Next it must be determined whether the City has the present ability to serve the area with efficient and prompt service. At· the motion for summary judgment, both parties stipulated that each has the present ability to service water to the area. Based on that stipulation, the Court finds that the City of Clermont has the proper right to service water utilities to the area at issue. 10. The Court reserves jurisdiction to resolve any ancillary matters related to this cause. [footnotes omitted] . We reverse. Both parties agree that the entity , whether governmental or private, which first acquired the legal right to provide water service to the subject area and which has the ability to do so is the entity with the exclusive legal right to do so. The controlling principle of law is set forth in this court's decision in City of Mount Dora v. IJ's Mobile Homes, Inc., 579 So.2d 219 (Fla. 5th DCA 1991) as follows: / **5 ... When each of two public service utility entities, whether governmental or private, have a legal basis for the claim of a right to provide similar services in the same territory and each has the present ability to promptly and efficiently do so, that entity with the earliest acquired (prior) legal right has the exclusive legal right to provide service in that territory without interference from the entity with the later acquired (subsequent) claim of right. Id. at 225. The parties dispute, however, which entity acquired the exclusive legal right to provide water service to the subject area first. Section 180.02(2), Florida Statutes (1991) is the controlling statute in this case. That statute reads as follows: 180.02 Powers of municipalities.- * * * (2) AIly municipality may extend and execute all of its corporate powers applicable for the accomplishment of the purposes of this chapter outside of its corporate limits, as hereinafter provided and as may be desirable or necessary for the promotion of the public health, safety and welfare or for the accomplishment of the purposes of this chapter; provided, however, that said corporate powers shall not extend or apply within the corporate limits of another municipality. In State v. City of Pensacola, 143 Fla. 823, 197 So. 520 {194O) , the supreme court held that the predecessor to the foregoing statutory provision authorized a municipality to extend its water service beyond its city limits. The court reasoned in part as follows: It is admitted that the City is authorized to issue water revenue certificates for the purpose of improving and extending its water supply and distribution system within the City limits. It is also admitted that if the City has power to extend its water distribution system into areas adjacent to but outside the City that it has power to issue water revenue certificates for that purpose, so the only question we are concerned with here is the authority of the City to extend its water works system into the unincorporated area of Brownsville and West Pensacola adjacent to but beyond the limits of the City. Chapter 17118, Acts of 1935, was designed to promote the public health, safety, and welfare of all municipalities by the construction of water works system, sewage systems, garbage collection, and garbage disposal plants. Section l(c) of said act authorizes any municipality 'to extend and execute all of its corporate power applicable for the accomplishment of the purposes of this Act outside of its corporate limits, as hereinafter provided and as may be desirable or necessary for the promotion of the public health, safety and welfare or for the accomplishment of the purposes of this Act'. Other provisions of the act contribute to this general purpose as does Chapter 15425, Sp. Acts of 1931. Id. at 823-824, 197 So. 520. See also State v. City of Riviera Beach, 397 So.2d 685 (Fla.198l) (citing Pensacola for a municipality's exercise of extraterritorial powers); Hope v. City of Gainesville, 195 So .2d 849 (Fla.1967) (approving ordinance which allowed city of Gainesville to extend its water, sewer Copyright (c) West Group 1999 No claim to original U.S. Govt. works ....l ..." 1999 WL 22430, Lake Utility Services, Inc. v. City of Clermont, (Fla.App. 5 Dist. 1999) Page 5 and electric distribution systems beyond its corporate limits); State v. City of Melbourne, 93 So.2d 371 (F1a.1957) (city had authority to build and extend its water distribution facilities to towns of Indialantic and Melbourne Beach and charge subscribers inside and outside of towns a higher water rate than those within corporate limits of Melbourne). **6 Municipalities are authorized to provide water for domestic, municipal or industrial uses. § 180.06(3), Fla. Stat. (1991). They may extend their corporate powers outside of their corporate limits as is desirable or necessary for the promotion of the public health, safety and welfare ór for the accomplishment of the purposes of Chapter 180. § 180.02(2). Once a municipality proposes to exercise its powers, as provided for in Chapter 180, it shall pass a resolution or ordmance designating the utility to be extended and its purpose, the proposed territory, the mortgage revenue certificates or debentures deemed necessary, if any, the cost thereof and any other relevant provisions. § 180.03(1), Fla. Stat. (1991). An objection to any resolution or ordinance must be filed in writing with the municipality's governing body and a hearing held within 30 days after its passage. § 180.03(2), Fla. Stat. (1991). Section 180.04, Florida Statutes (1991) sets forth the requirements for passing an ordinance or resolution pertaining to the construction of a utility or an extension thereof. In this case, Clermont passed ordinance 273-C for the express purpose of creating a utilities service district, establishing the.· boundaries therein, authorizing the extension of municipal utilities therein based upon its waterworks and. sewer ordinance and requiring all entities doing business within the district to connect to its water and wastewater system when available. The ordinance was passed on February 25, 1992. LUS did not object in writing to Clermont's passage of the ordinance which gave it the right to extend its existing water and wastewater utilities to occupants within the designated district boundaries. Because the FPSC did not grant LUS' s application to extend its certificated service area within the county until November 24, 1992, Clermont acquired its right to provide water service to the subject area first. LUS contends that even if Clermont obtained the first right to provide water service to the subject area, it does not have a duty to do so. It maintains that Clermont should not be permitted to pick and choose its customers. Otherwise, private entities, such as itself, are at an unfair economic and competitive advantage. Because Clermont failed to avail itself of the opportunity to serve the subject area once it obtained the right to do so, LUS contends that the FPSC's order granting its application to extend its certificated service area on November 24, 1992, without objection by Clermont, supersedes ordinance 273-C. LUS correctly contends that in JJ's Mobile Homes, this court held that "[t]he right (franchise) to provide utility services to the public carries a concomitant duty to promptly and efficiently provide those same services." (FN2) Id., 579 So.2d at 225. Clermont contends in response that it has no statutory duty to provide water service to every customer located within its franchise. It contends that Chapter 180 gives it the discretion to "spend the taxpayers dollars to provide water services to remote residents outside the city. " **7 Clermont's argument is without merit. The record shows that when Wayne Saunders, Clermont's City Manager, proposed ordinance 273-C to the Clermont City Council, he explained that it did not obligate Clermont to provide water service to the subject area; rather. it merely reserved the right to do so to the city: MR. POOL (Chairman and Mayor]: Okay. This would not, as I understand, obligate the City to provide water and sewer, it would merely reserve that option for the City to see if we could provide the water and sewer if requested-- MR. SAUNDERS: That's correct-- MR. POOL: or if we should decide-- MR. SAUNDERS: It gives the, more or less gives the City the first shot at providing service out in that area if it's needed. It does not say that someone else will not provide the service.... * * * MR. POOL: Good. I wanted to make that clear so people understood we were not--it's not mandatory that we service this area. It leaves us that opportunity to take a look and we're not obligated to provide water and sewer, but the opportunity to see if we could provide the water and sewer. At the summary judgment hearing, Clermont clarified that ordinance 273-C gave it "the first option to provide [water] service." Copyright (c) West Group 1999 No claim to original U.S. Govt. works '-' """" 1999 WL 22430, Lake Utility Services, Inc. v. City of Clermont, (Fla.App. 5 Dist. 1999) Page 6 Clermont initially declined to provide water service to sixty potable county water wells south of the city which had been identified in 1990 as containing contaminated ethylene dibromide because it was not feasible for it do so. Thus, LUS filed its application with the FPSC in 1992 to extend its certificated service area so it could service the homes. Clermont did not object to LUS's application on the ground that it had a preexisting legal and exclusive right to do so. Relying upon the FPSC's order, LUS expended time and money to construct and operate a water utility in the area. Under these circumstances, Clermont should not be permitted to now provide water service to Lennar because it is economically feasible and profitable for it to do so, more than five years after it first obtained the right to do so. In l1's Mobile Homes, this court explained why section 180.06(9), Florida Statutes (1991) prohibits a private company or municipality from building a water utility in an area adjacent to an area in which one is already operating: The restriction of the statute was designed to avoid the wastefulness of duplicate capital investments for competing utilities that could not likely be operated without financially jeopardizing each other's operating revenues if erected in the same consumer territory . [citations omitted]. Id., 579 So.2d at 223. See also § 367.045(5), Florida Statutes (1991). (FN3) Although Clermont acquired its right to provide water service to the subject area first, its failure to exercise its concomitant duty to promptly and efficiently provide those services resulted in a waiver of the right to do so. (FN4) Because this issue is dispositive of the appeal, LUS' s remaining arguments need not be discussed. **8 REVERSED. WHITEHEAD, R., Associate Judge, concurs. HARRIS, J., concurs specially with opinion. HARRIS, J., concurring specially: Concurring specially. Although I agree with Judge Dauksch's well reasoned conclusion that the City waived its "first in time" rights under its Utilities Service District ordinance by not agreeing to provide needed services to the residents of the district "promptly and efficiently, n I believe the City's subsequent annexation of the subject property requires some analysis. Although the parties agree that the City annexed the property subject to this litigation after adopting its Utility Service District ordinance, neither discusses the effect of annexation. (FNl) But once the City annexed the property, any subsequent services provided to the area would be to city residents under the City's inherent power and obligation and not pursuant to an ordinance authorizing service to non- city residents. The question then, it appears to me, is whether a service area franchise located outside a municipality granted by the Public Service Commission can be "amended" by the subsequent annexation of a portion of such service area if such annexation occurs prior to the private utility company's obtaining necessary permits and extending its service capacity into or adjacent to the area annexed. First we should consider section 180.02(1), Florida Statutes (1997), which grants the following power to a municipality in regard to municipal public works: For the accomplishment of the purposes of this chapter. any municipality may execute its corporate powers within its corporate limits. Chapter 180 also discusses the situation in which a municipality and a private utility company both claim the right to serve a particular area. Section 180.06, after setting out the activities authorized by municipalities and private companies, provides the following direction: However, a private company or municipality shall not construct any system, work, project or utility authorized to be constructed hereunder in the event that a system, work, project or utility of a similar character is being actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private company consents to such construction. The provisional exclusivity set out above was recognized by this court in l1's Mobile Homes when the majority held: The statutory scheme of Chapter 367, as well as the concept of a public utility, envisions that the right granted by the PSC to a private utility company is Copyright (c) West Group 1999 No claim to original U.S. Govt. works '-" '....I 1999 WL 22430, Lake Utility Services, Inc. v. City of Clermont, (F1a.App. 5 Dist. 1999) reasonable time. exclusive to the extent that such company has the ability to promptly provide service to the public within its rranchise area. 519 So.2d at 224 (emphasis added). In the case at bar, the parties stipulated that the City had the ability to immediately serve the contested area. A dispute remains, however, as to whether Lake Utility has such ability since it has not obtained a consumptive use permit from the Department of Environmental Protection. The record also does not establish what facilities Lake Utility has "immediately adjacent" to the contested area or how long it would take Lake Utility to be in a position to provide services to the public within such area. **9. Because these issues remain, I agree the summary judgment should be reversed and a determination be made as to Lake Utility's ability to promptly provide services to the area. FN 1. That area, included within LUS' s certificated area extended by the FPSC, is the subject of this appeal. FN2. Section 367.111(1), Florida Statutes (1991) requires utilities to provide service to the territory described in its certificate of authorization within a Page 7 FN3. 367.045 Certificate of authorization; application and amendment procedures.- * * * (5)(a) ... The conmùssion may not grant a certificate of authorization for a proposed system, or an amendment to a certificate of authorization for the extension of an existing system, which will be in competition with, or a duplication of, any other system or portion of a system, unless it first determines that such other system or portion thereof is inadequate to meet the reasonable needs of the public or that the person operating the system is unable, refuses, or neglects to provide reasonably adequate service. FN4. The right to provide a utility service is conditioned upon the ability to be able to do so. See If's Mobile Homes. 579 So.2d at 225. LUS's President stated in an affidavit that his company had the ability to provide water service to the subject area. FN1. Perhaps they believe the issue fully answered by our decision in City of Mount Dora v, If's Mobile Homes, 579 So.2d 219 (Fla. 5th DCA 1991). Copyright (c) West Group 1999 No claim to original U.S. Govt. works '-' ....., 564 So.2d 1156, Ortega Utility Co. v. City of Jacksonville, (Fla.App. 1 Dist. 1990) *1156 564 So.2d 1156 ORTEGA UTILITY COMPANY, Appellant, v. CITY OF JACKSONVILLE, a political subdivision of the State of Florida, and Salem A. Salem, Director, Department of Public Works, City of Jacksonville, Appellees. No. 89-43. 564 So.2d 1156, 15 Fla. L. Week. D1781 District Court of Appeal of Florida, First District. July 6, 1990. Rehearing Denied Aug. 22, 1990. Water utility brought action to enjoin city from constructing water and sewage system. The Circuit Court, Duval County, Gordon A. Duncan, Jr., J., granted summary judgment for city, and appeal was taken. The District Court of Appeal, Miner, J., held that statute requiring party to obtain adjacent utility's consent before constructing water and sewage system was not applicable to city seeking to construct such services in previously unserved area. Affirmed. MUNICIPAL CORPORATIONS ~270 268 '" 2681X Public Improvements 2681X(A) Power to Make Improvements or Grant Aid Therefor 268k270 Sewers, drains, and water courses. [See headnote text below] MUNICIPAL CORPORATIONS ~271 268 2681X Public Improvements 2681X(A) Power to Make Improvements or Grant Aid Therefor 268k271 Water supply. [See headnote text below] WATERS AND WATER COURSES ~194 405 4051X Public Water Supply 4051X(A) Domestic and Municipal Purposes Page 1 405k194 Mains, pipes, and appliances for distribution. Fla.App. 1 Dist. 1990. Statute requiring party to obtain adjacent utility's consent before constructing water and sewage system was not applicable to municipal corporation seeking to construct such services in previously unserved area; statute prohibited only direct encroachment by one utility provider into operating area already served by another. West's F.S.A. Sec. 180.06. Herbert R. Kanning, Jacksonville, for appellant. James L. Harrison, Gen. Counsel, and Anthony B. Zebouni, Asst. Counsel, Jacksonville, for appellees. MINER, Judge. The pivotal issue in this appeal is whether, under the facts of this case, the provisions of section 180.06, Florida Statutes, apply to the City of Jacksonville (City). We hold they do not and thus affIrm the summary tinal judgment entered by the trial court in the City's favor. Appellant, Ortega Utilities Co., (Ortega), is a private utility company providing water distribution and waste water .collection services within a specifIed area (certifIcated area) of Duval County. On October 14, 1987, appellee, City, published an invitation to bid for the construction of a sewage pump station, a sewage force main and a water transmission main to be located near, but outside, Ortega's certificated area. *1157 On November 6, 1987, Ortega flIed a complaint seeking declaratory and injunctive relief against the City alleging that such planned construction constituted a violation of section 180.06, Florida Statutes, which provides, among other things, that a party wishing to construct such facilities must obtain the consent of any municipality or private company operating facilities of a similar character in the immediately adjacent area. On December 30, 1987, the City and Wilma! Skyland Joint Venture, Ltd. executed an agreement whereby the City agreed to provide water distribution and waste water collection services to an area previously unserved by either the City or Ortega known as the Jacksonville International Tradeport Project. Thereafter, utility pipelines, lift Copyright (c) West Group 1998 No claim to original U.S. Govt. works ....., """" 564 So.2d 1156, Ortega Utility Co. v. City of Jacksonville, (Fla.App. 1 Dist. 1990) Page 2 stations and other works and projects were constructed pursuant to this agreement. On September 26, 1988, after its initial complaint had survived a motion to dismiss by the City, Ortega flIed a motion for summary judgment and, prior to a hearing on the motion, a stipulation of fact between the parties. Among other matters, the parties agreed that Ortega's sewage capacity was insufficient to meet the needs of the development which the City intended to serve by the construction at issue and, further, that Ortega had no plans to expand its capacity or seek to enlarge its certificated area. On the other hand, it was agreed that the City had the capacity to treat 10,000,000 gallons of sewage per day and was then using only twenty-five percent of that capacity. At the hearing on Ortega's summary judgment motion, the City moved ore tenus for summary judgment. In its order granting the City's motion, the trial court found: Ortega is a very small utility operating nearly at the limit of its capacity with no evidence of being able to provide services to the areas in question. From the court's review of the facts, it appears these projects would require a regional water system or a significant system of its own to satisfy its mammoth needs. The needs of this project require a significant utility system. The City is the only system capable t9 serve and there is no other utility in the distant área of similar capability or character as possessed by the City which is required by this vast project (Duval and Wilma). From an order denying Ortega's motion for rehearing, the instant appeal was taken. The statutory section in question authorizes municipalities and private companies that operate waste and sewage systems' to construct pumping stations pipelines and other facilities incidental to their function. It further provides: However, a private company or municipality shall not construct any system, work, project or utility authorized to be constructed hereunder in the event that a system, work, project or utility of a similar character is being actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private company consents to such construction. Ortega urges that the trial court erred in granting the City's motion for summary judgment based upon erroneous findings that the City's construction was not "immediately adjacent" to appellants' operations and that the utilities operated by the parties were not of similar character. The City argues not only that the trial court was correct in its fmdings but further that section 180.06, Florida Statutes cannot be used to limit the broad powers granted municipalities to provide water and sewer service. To this latter argument, Ortega points out that the City does not have the power to ignore an otherwise applicable statute. In analyzing the arguments of the parties, we fmd that we need not address whether the City's construction was "immediately adjacent" to the services provided by Ortega or whether the two services were of "similar character". The City is correct in asserting that section 180.06, Florida Statutes, should not be applied to prohibit the construction in question. We so conclude not because of the City's authority *1158. to provide such services but rather because the statute does not prohibit construction of these services in previously unserved areas. In State v. Plant City, 127 Fla. 495, 173 So. 363 (1937) the supreme court defmed the purpose of the statutory predecessor of section 180.06, Florida Statutes, as follows: The restriction of the statute was designed to avoid the wastefulness of encouraging duplicate capital investments for competing utilities that could not likely be operated without fmancially jeopardizing each other's operating revenues if erected in the same consumer territory. Id. 173 So. at 364. The briefs of the parties explore at considerable length what is meant by the term "immediately adjacent". As we view the matter, however, the confusion in section 180.06 is not in the definition of that term but rather in that phrase's referent, Le., what are the objects or territories that must be immediately adjacent to one another so that consent is necessary? The fundamental question presented, then, is immediately adjacent to what? While the statute is not a monument to clarity and Copyright (c) West Group 1998 No claim to original U.S. Govt. works .\wt '~ 564 So.2d 1156, Ortega Utility Co. v. City of Jacksonville, (Fla.App. 1 Dist. 1990) Page 3 draftsmanship, in light of the above supreme court defInition of purpose, we interpret it only to prohibit direct encroachment by one utility provider into an operating area already served by another. Any other interpretation would not seem to comport with logic or reason. Under our interpretation, there would be no duplicate capital investment within the same consumer territory. Rather, the City would merely extend utilities service to a previously unserved area. Moreover, it would be anomalous in the extreme to interpret section 180.06 to require the City to obtain Ortega I s consent to serve the unserved when Ortega has neither the capacity nor any future plans to provide such services. Accordingly, the summary judgment appealed from is herewith affIrmed. SMITH and ZEHMER, 11., concur. Copyright (c) West Group 1998 No claim to original U.S. Govt. works I q~ ~\~\ THE FOLLOWING INFORMATION SHALL BE PROVIDED BY THE APPLICANT: -----------~-------------~--~-------------------------------------- REVISED STANDARD COUNTY SPECIFICATIONS ST. ~U~E COUNTY ENGINEERING DIV~ON 16 ¿·;ïOÎ 2300 VIRGINIA AVE., 2nd FLOOR. FT. PIERCE, FL 34982 ~ ------ ..---...-..-.----- (Type or' print) Name of Applicant PORT ST. LUCIE UTILITY SYSTEMS . Phone ~i¥t'f\L4~ D NQV 'Q 6 \üQe Mailing Address 250 NW COUNTRY CLUB DRIVE, PORT ST. .LUCIE, FL 349'86 As the Applicant, we request permission tO,construct, operate and maintain MIDWAY ROAD TRANSMISSION MAIN AS INDICATED ON ACCOMPANYING CONSTRUCTION PLANS ., (~ (utili ty) installation (s) (hereinafter referred to as "Installation") on road, drainage, or 'Combination drainage/ utility, rights- of-way or easements deeded to or maintained by st. Lucie County, or dedicated to the public in the unincorporated areas of st. Lucie County, (hereafter referred to as "County Rights-of-Way" known as SELVITZ ROAD AND MIDWAY ROAD The proposed installation is shown on the attached sketèh (s) on 8-1/2 "x1411 or smaller paper which reflects its location and character and details the aspects of same that will disturb County maintained improvements (hereinafter referred to as "Improvements"). We shall commence actual const~uction of the permitted installation within 45* days of permit issuance and complete same within 90 days thereof. Special conditions involved with this instal~ation are as follows: ALL RIGHT OF WAY WILL BE SODDED *OR UPON FDEP GENERAL UNLESS NOTED OTHERWISE PERMIT ISSUANCE Our Proceeding with installation of work covered by this permit indicates our agreement to'comply with the "Conditions of Drainage and utility Permitll and other provisions stipulated herein by the County. APP1.1.~' c t POR~T.~ LUC'IE UTILITY SYSTEMS ~ \ u' . By R L. BAS HAM: P. E . I P. L . S . Da te . 0 C T 0 B E R 4 I . 1 9 9 5 Title ASSISTANT DIREC~OR ----------------------------------------------------------------- THE FOLLOWING TO BE COMPLETED BY THE COUNT~. Improvements are planned ( ) Yes ( ) No Proposed installati Specifications. Reviewed by or in process on afore stated ~ights-of-Way in accordance with Revi~ed Standard ( ) No 11- ?--~5 Date County .,.' The afore stated installation construction is hereby, permitted under the following provisions: ... . . . . BOARD OF COUNTY COMÞIISSIONERS, ST. LUCIE BY COUNTY ENGINEER - ENFORCING OFFICIAL BY ~W ~~ COUNTY, FLORIDA DATE 'I~S See reverse side for "Conditions' o~ ~~!5li' ,and utility Permit II. \\. .. '\ .\~'! ~~~'lrn~l~ ,.' ð'-_ 09A f¡ 'Permit NÇ). Z.:;)· / r ; NOV 8 1995' ¡ \ \ i. ' '. .. I ~¡; _ : k \ ¡ ',' '. \._ :¡,.,:.,.:-.~:'....h:..~:.-.I::,..:1.,.¿'r.:~ ';. ,; , I r-LH:'"\·",i:';.~ ...J..::~\\iIC.....- ¡., . '! ' ~ ~. / ()L:? ~_-=-:-__,.......____...-------'" ~ rr, . r- \ II --<-., ~ , 2. CONDITI:bw's 0' l!PPENDJY . .. The Applica Þ Þ~INAGE A ascertained nih declares that pri · .",.cTY~!¡MI:r ' , proposed i e location of or to filing th' . regardin nstallation, and existing utiliti ~s application ",' ' ~ttil~tie; ~~e, d:~~r~f~ dcorje2J.a:eodt\t~edpr~UCh :;~e~~~~ ~~~i~tybe' a'~~~~~:ci hb; ~~~ e rlment to she that the posed ~nstall owners in wr' ìroposed insta1~atixisting utili ties ~ro~~sed installati~*o';,aWi th owners of ~ ;t~g ollowing: on on County Rights_of~ranted a permi t f~r be made without 1 Way, the Applicant construction of . Safety _ All construct' ' . agrees to the Federal, State and loc~olnlwork shall comply with th aws. e safety Pr ' , Traff!' oV~s~ons of all c Control - Measur . accor~ance with the Flo es shall be provided' ' EPraict~ces, ~raffic shalfi~a Di,O.T. Manual on Tra~~~~ng constructioIJ in ng neer. e ma ntained to the de l.C C:0ntrols and 'Safe gree requl.red by the County To Save Harmless the Board of thereof from the a County Commissioners ad· exercise of right~ ~~n;ri;ifny cohmpensation or dam~geesacr~::ft ~verfY member . eges erein granted. ~ng rom the In the event thåt Modification OP Re ' County ROW becomes necessary to pal.r of the Improvements on afore stat d permitted herein, as requested by t~r~~a~dY move/remove ~he installati~n Lµcie County, FL, at no cost to the County. of County Comml.ssioners of St. Removal of ~nstallation - In the case of ' , ~tated hereln, the installation permitt:~n~ompf~anie wl.th the requirements ,lnto compliance or removed from County ROW ~reAn WI' 11 be promptly brought 'County. y pp l.cant at no cost to the . Repair of Improvements by Permittee - Applicant a rees to rom tl . damage/injury to i~provements on County ROW causeå by reas~n o~ t~er:~:~~i~~y of rights and privlleges herein granted, restoring same to a condition e ual ~o.that.which existed immediatsly prior to the infliction of such damag~ or lnJury ln a manner satisfactory to the County. Permit ~ife - If this permit ~s granted~ it shall be in perpetuity subject; to termlnation by the County l.n the event that improvements on aforestate¿ County ROW are to be constructed/reconstructed, or in the event that such ROW shall be closed, abandoned, vacated or discontinued. The Attached Sketch(s\ covering details of the permitted installation shall be made a part of this permit. Notification to County Engineer - The County Engineer's Office shall be notified twenty-four (24) hours in advance of starting work on aforestated County Rights-of-Way. New construction that is discovered to 'have begun without notification will be subject to being shut down until proper procedure has been verified. lO. Permit on Job site - All projects requiring a County utility/Drainage or Driveway Permit will be required to have a copy, of the permit on the job site and be able to produce said copy when requested. Failure to do so will be considered as operating w~thout a valid permit and operations shall cease and desist. As in the past, field work that is classified as maintenance will not be subject to the above. The exception on maintenance would be in the " event excavation adjacent to a roadway is to be left open overnight. We would want notification for the purpose of inspecting for adequate barricades, lights, etc. 11. Riqhts of a prior Permittee - The construction and maintenance of afore- stated installation shall not interfere with the property and rights of a prior permittee. 12. Final Inspection - The County Engineer's Office shall be notified by the Applicant upon completion of the installation permitted herein, so that a final inspection may be made. ,,3. Ft. pierce Farms Drainaqe District - may have sufficient interest in the crossing of~nals 14, 15, 16 and 17 and a permit from them may be required. App1icant'shall assume responsibility for the satisfactory operation of these canals to the extent that adjacent_,property owners do not 'suffer unusual hardship, ,~U; 14~ other Entities - This' permit in no way waives the authority and/or jurisdiction of any other governmental entity. · .t .. Ål. :&2. , )G3. L4. 1-5. 1-6. ì< 7. -X-a. A9. LIo. UTILPROV41 ''-w' .~ SPECIAL CONDITIONS ApJ;ilicant agrees that in case of future 'damage (test of time) to the ROW or pavement due· to ·th~ subject Úlsta1lationr the applicant shaD. repair and restor~ same to a condition acceptable to the County Engineer. Applicant agrees that the expense for any modifications to subject utility'installation required before, during or after any future ROW, drainage or roadway improvements ,are implemented sha1.l be borne solely by the applicant. Including but not limited to remova1., relocation, manholes a~justments, etc. .: .AJ.~ work within. right-of-way sha1.l be done.J·~-F, ~-5 PM unle~s otherwise appröved by the County Engineer. Traffic control sha1.l conform with ~e latest F.D.O.T. practices provided by Part VI 'of the M.U.T.C.D. and standard Indexes No. 600. Two-way traffic shall be' maintain¢ during operation between the hours of 7:00· A.M. and 6:00 P.M. Any partial or complete lane closures shall be requested in writing, a1.ong- with an accompanying traffic detour plan f·or review, to th~ County Engineer seven (7) working days prior to requested closµ.re.. Any approved open pavement cut or trench cut ;in proposed' limits of future pavement shall be restored to FDOT and st. Lucie County st~ndard Specifications. No excavation shall take place within 5 feet'of edge of pavement. Minimum cover of 36" under the travelway and 30" elsewhere, including swales/ditches, shall be maintained over the utility. Jack. & ~orE? installations shall be donè. per FDOT specifications.' casings under the travelway shall extend a minimum a~ beyond the edge of the travelway. Driveways,' roadways. and or sidewalks shall be restored per the detail approved on the plans. One ( 1) set. of certified record· drawings shall be submitted to this office immediately upon' completion of subject utility installation. 6M: Z (),& /1 ... _,_~"'__""'-:-~'" .....]J;U!:,-~.._.k.,:""':·-,..,..'.,,~·-",.· 06/04/99 ,-- ~ LUCIE COUNTY - BOARD ""'*' PAGE 1 FZABYARR YARRANT LIST 136- 29-HAY-99 TO 04-JUN-99 FUND SUMMARY ~. FUND TITLE EXPENSES PAYROLL 001 General Fund 112,019.72 0.00 001116 See 112/MPO/FHYA/Planning 98/99 569.56 0.00 001235 TDC Planning Grant 98/99 14.07 0.00 001236 TDC Non-Sponsored Trip Grant 98/99 19,008.00 0.00 001242 98/99 E. M.. P.A. 736.60 0.00 001805 SFWMD/SLSYCD EQIP Program 5,772.47 0.00 101 Transportation Trust Fund 34,324.20 0.00 10 100 1 Transportation Trust Interlocals 1,250.00 0.00 101002 Transportation Trust/80% Constitut 450.00 0.00 101003 Transportation Trust/Local Option 62,075.40 0.00 102 Unincorporated Services Fund 2,847.15 0.00 102001 Drainage Maintenance MSTU 3,364.58 0.00 104 Grants & Donations Fund 18,751.00 0.00 105 Library Special Grants Fund 817.39 0.00 107 Fine & Forfeiture Fund 88,590.63 0.00 140 Port & Airport Fund 9,931.40 0.00 140270 DOT-Land Acq Airport Exp Phase 1 &2 18,534.53 0.00 140306 DOT-New N. Entrance Port Ft. Pierce 11 , 665 . 00 0.00 160 Plan Maintenance RAD Fund 1,692.39 0.00 170 Court Facilities Fund 3, 251. 30 0.00 182 Environmental Land Acquisition Fund 106.98 0.00 183 Ct Administrator-19th Judicial Cir 4,742.91 0.00 183001 Ct Administrator-Arbitration/Mediat 432.83 0.00 .. 183004 Ct Admin.- Teen Court 67.01 0.00 ~~:?;}~¿ 183104 Domestic Relations Officer 98/99 5,979.15 0.00 183204 Court Reporter Grant-In-Aid 98/99 5,454.00 0.00 ¡o 183206 FDJJ-Teen Court 98/99 85.45 0.00 183207 Court Transcribing Costs 98/99 607.50 0.00 185201 FHFA-1B5-SHIP 96/97 25.07 0.00 185202 FHFA- SHIP 97/98 14,793.83 0.00 185203 FHFA-SHIP 98/99 64.80 0.00 186 Recycling Operating Fund 105.84 0.00 186202 DEP-Recycling & Education 98/99 68.95 0.00 316 County Capital 4,525.19 0.00 335 Becker Road Capi tal Fund 1,150.00 0.00 382 Environmental Land Capital Fund 112,676.75 0.00 401 Sanitary Landfill Fund 8,614.46 0.00 401217 DEP-Waste Tire 98/99 2,507.04 0.00 418 Golf Course Fund 18,218.81 0.00 421 H.E.Y. Utilities Fund 414.79 0.00 441 North Hutchinson Island Utilities 3,311.81 0.00 451 S. Hutchinson Utilities Fund 6,856.00 0.00 461 Sports Complex Fund 20,336.52 0.00 491 Building Code Fund 1,579.58 0.00 501 Automated Services Fund 15,785.79 0.00 505 Health Insurance Fund 0.00 7,156.08 510 Service Garage Fund 11,060.61 0.00 611 Tourist Development Trust-Adv Fund 3,085.58 0.00 ".. ::i t~ ~ " ..~-.-.-. oj '. -,,"~' .. gr'",. _~., _.,.....,............,.~.........,c..>.:-~~~..-,~-.~~~..""""'f'-";."';~:~""'...--.,.~-'-- .,.~.,; .~'_.::--~-.. "-,-,.~____"-.....·,.,,,"~~_--T' ..-.- , ....... ST. LUCIE COUNTY - BOARD ......, 06/04/99 PAGE 2 FZABTJARR TJARRANT LIST #36- 29-MAY-99 TO 04-JUN-99 FUND SUMMARY ..,....,..,..., FUND TITLE EXPENSES PAYROLL 615 Impact Fees Fund 1,288.16 0.00 625 Law Library 95.19 0.00 GRAND TOTAL: 639,705.99 7,156.08 (;~ "~...) ~. . ; #-- ~ ~ ~ "'..../ i 06/04/99 ... ~ LUCIE COUNI'Y - BOARD ....., VOID LISTI 36- 29-MAY-99 TO 04-JUN-99 FZABWARR FUND: 107 - Fine & Forfeiture Fund CHECK INVOICE VENDOR 00243705 99023826 Bethea Ed D, Wanda 99024005 CHECK TOTAL: FUND TOTAL: TOTAL 600.00 625.00 1,225.00 1,225.00 PAGE 1 ....-- '-" '-" AGENDA REQUEST ITEM NO. ~ DATE: June 8, 1999 REGULAR PUBLIC HEARING [ CONSENT [ x TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey Lincoln SUBJECT: Printers for Judge Cox and Judge Cianca BACKGROUND: Court Administration needs to replace two (2) printers that do not function. Sufficient funds are available in the Court Facilities Fund to cover the acquisition of the two replacement printers. This action requests approval for the acquisition of the equipment and the associated transfer of funds from reserves in the Court Facilities Fund. FUNDS AVAILABLE: Funds will be made available in account # 170-605-564000-1618. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve equipment request # EQ 99-212 and budget amendment # BA 99-120. COMMISSION ACTION: CONCURRENCE: [~PPROVED [ ] OTHER: [ ] DENIED oug Anderson County Administrator County Attorney: Coordi nation/Sianatures Management & Budget: XX rnm&;¡ Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only. if applicable) _ UDGET AMENDMENT REQUEST FO REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMS/COURT ADMINISTRATION May 25, 1999 1999 TO: 170-605-564000-1618 Machinery & Equipment $1,622 FROM: 170-991 0-599300~800 $1,622 REASON FOR BUDGET AMENDMENT: HP and is required for printers CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: OMB:QPIGENERAUFORMSIAMENDMEN eft. 10101194 QJ ..... (Q ..... <:;) a a "T (Q l() en tÙ a ~ CI) CI) (Q W I ~ ~ a Z en "- en ..... 0 . en 00 en en en :æ - ~ :æ « 0 w œ: 0 >- w >- ...J c:: III I- « :æ z 0 ;g :::> ::> () z en t:::: 0 u.. ~ <ri .... Z 0 ..... Q) :::J ~ Q) .$;1 u.. 0 t:n :t: 0 0 t:::: e (.) u.. Q ,I/) (.) C l- e iš « ~ en t:::: ..... 0 « w œ 0 ::> :S Q) ra 0 .g> :;, >- W -, I- a:: "0 Z l- t:::: œ ::> z œ 0 W () t:::: 0 :æ ~ .!!;! w a. 0 Q) 0 ::> ..... .g> ::> 0 Q :;, ...J W -, I- :< .E: "0 en 0 Q) ¡:::: ..... I/) ~ t:::: :;, Q) Q) ¡....: e .Q CI) Q) E:: ~ (,) ~ .!!;! ~ Q. Ie a ~ ~ <:;( ~ .i§ C\ I- œ Q. ..... C\ a:: Q) Q) I ::J I/) I/) 0> Q) Q) 0> 0 ¡::: ¡::: CJ Ü LU ~ a w 0:: .... Z w :æ Q. :::J a w MRY-25-1999 10:55 FR OL~T ADMIN. 19TH CIRCUIT TO 2117 P.03 -"".. .,¡.., T(1oma$ H, 'Wfffis TRIAl. OOVRf ADMlNfSmAroA State 1vú:tr1t]. Got!win. OEPUTY COURT AtJMlNlSTMTOFI ~~(. . ~'OR OEÞVTY covm- AClflRIN1STRi'J'OR Nirl.e.tt.e.nth JOM J. ~ DEPUTY COURr AOMINtSfRAfOR MEMORANDUM 9,9-27 TO: Doug Anderson,. St. Lucie Harvey Lincoln. 5t. Lucie .". '¡ FROM:,~ .lTom WiI1is, Trial Court Administrator \----. RE: Printer for Judg~ Cox's Offièß On January 26. 1999 I Cianç,a·s office. I have been Traci a;t Automated Services gtin correct for the HP6P Laser Printer. t()theprinter for Judge also died. r checked with on their quote B990134901 is If you could please see to it that there is fur this printer also. THWlkhg 0(': Chief JUdgè Pan.1 R 'KRrmrek Judge Cox FL 34950 In ce 11051 Invoice Date 04/06/99 St. Lucie County Automated Services 2300 Virginia Ave Fort Pierce, FL 34982 USA Telephone: 5611462-1681 Bill To: Court Administration 2 2 MISC o HP"Laser Jet 2100TN 810.13 1620.26 The goods and/or hereon have quantity and p .0./1 .f9913'fß7 Signed ~ ill I...D ., .7:~ cn '--:--_" "j N I...D C"\ --I Printers are for Judge Cianca and Judge Cox Nontaxable Subtotal 1620.2t3 Total Invoice Customer Oriqinal ['1A'1-25-1999 10:55 FROM COURT ADI'1IN. 19TH CIRCUIT TO 2117 P.05 t. Lucl~ County Automated SGl'Vic~ Virginia Ave Pierœ. FL 34982 UsA Computer System Quote Quote Date 12/28/98 89901034901 Quote For. Court Administration (l U::J 11; (\4.;t (I., (l- 1 278.00 z.·ì&.Qf.) i HP4000T HP 4000 T Dual Sin Printer wi Jet 1348.00 1346.00 T Q!¡¡¡I Order .~:¡f.'w, .'" .,~. ,'~ Thi& I. <II quotation f«the ltame l'aqt.¡Uted. To Initf~pu~mrs.e·of~i~~!~thtti~~ltiI'P\Jr~8·orqerp~IKh.Jnt to idU\!l a ptarctwn.otdel' to Attom;rt~S.M<:es, 'fef"Idor nUl'!'tber 3099. U~ I'a~¡pt In¢! InstallatIon of the it9ms wø wit! And anlnvotœ fontlÞmlssW,)n to F1naM1! roc ~ng. )ñnt Date: 12/28198 3:13 PM Customer Original Page 1 I - '-" 'w1I AGENDA REQUEST ITEM NO. C-2b DATE: June 8, 1999 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Budget resolution appropriating additional grant funds available for the 97/98 SHIP Program. BACKGROUND: During the FY99 budget preparation process, the 97/98 SHIP Program #185202 carryover grant balance had been estimated and later approved by the Board at $300,000. This amount should be increased by $64,732 as calculated below: Revenues: $378,518 grant award $19,000 approx. int $6.000 refund $403,518 Actual expenses: $10,689 FY97 $28.097 FY98 $38,786 Difference: $403,518 Revenues $38.786 Prior years expenses $364,732 Carry-over FY99 budget $300.000 Current FY99 budget $64,732 Budget increase needed \ FUNDS AVAILABLE: 185202-5420-335510-500 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Resolution 99-120 increasing the current budget for 97/98 SHIP Grant #185202. [~ROVED [ ] OTHER: [ ] DENIED ~ COMMISSION ACTION: ~. County Attorney: XX " Management & Budget: XX Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:G:lbudgetlwplagenda'slagenda9916'8SHIP _ Grant.wpd ,.. ,.. '-" ...., RESOLUTION NO. 99-120 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not identified at the time of adoption of the budget have become available for the 97/98 SHIP Grant Program. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 8th day of June, 1999, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1998-99, and the County's budget is hereby amended as follows: REVENUES 185205-5420-335510-500 185205-5420-361100-500 Florida Housing Finance Agency - SHIP Interest on Investments $57,547 $7,185 APPROPRIATIONS 185202-5420-549600-500 Housing Assistance - SHIP $64,732 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 8th DAY OF JUNE ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:G:lbudgetlwplagenda 'slagenda9916'8SHIP _ Grant.wpd '-' "-tI AGENDA REQUEST ITEM NO. C-31t DATE: June 8, 1999 SUBMITTED BY(DEPT): ENGINEERING DIVISION REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: þ\)'{\ &f (»aL-- (Donald B. West, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Westglen M.S.B.U. Sanitary Sewer Improvements - FPUA Request Permission to Advertise Public Hearing BACKGROUND: See Attached Memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: None RECOMMENDATION: Pursuant to Section 1-13.5-7(a) of the County Code of Ordinances, the Board is authorized to forego the initial public hearing and to direct the County Engineer to proceed with the project. Staff recommends that the Board 1) accept the petition, 2) pursuant to Section 1-13.5-7 St. Lucie County Code of Ordinances, direct the County Engineer to prepare the project report and preliminary assessment roll, and 3) grant permission to advertise the Public Hearing to be held on July 6,1999, which is a night meeting. COMMISSION ACTION: [~PROVED [] DENIED [ ] OTHER: RENCE: D glas M. Anderson County Administrator ¡X] County Attomey' ~ [X] Public Works Dir: . Coordination/Sianatures [] Mgmt & Budget: [X] Co Eng: ~~ . f [ ] Other: []Purchasing: [] Finance Dir: '-'" ......,¡ (\ '-4 " COMMISSION REVIEW: June 8,1999 ENGINEERING MEMORANDUM NO. 99-208 TO: FROM: DATE: SUBJECT: Board of County Commissioners County Engine?~\N May 26, 1999 Westglen MSBU Sanitary Sewer Improvements Request Permission to Advertise Public Hearing BACKGROUND The Westglen Subdivision is located on Edwards Road approximately two miles west of 25th Street. The subdivision is comprised of 42 duplexes and is built out 100%. The property owners of the Westglen Subdivision have petitioned St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary to bring sanitary sewer improvements to their subdivision. The system would be constructed, owned and maintained by the Fort Pierce Utilities Authority. The petition received represents one-hundred (100%) percent in support of the project. A portion of this project will be constructed in conjunction with two other developers. Due to certain time restraints, all of the property owners have requested that the County forego the initial public hearing and all informational meetings (see attached sample letter) and proceed with one public hearing to create the MSBU, levy the assessment and commence construction of the project. Furthermore, the property owners have agreed to base the preliminary assessment roll amount on the engineer's "probable" cost estimate instead of actual bids even if the final costs are higher. RECOMMENDATION Pursuant to Section 1-13.5-7(a) of the County Code of Ordinances, the Board is authorized to forego the initial public hearing and to direct the County Engineer to proceed with the project. Staff recommends that the Board, 1) accept the petition, 2) pursuant to Section 1-13.5-7 St. Lucie County Code of Ordinances, direct the County Engineer to prepare the project report and preliminary assessment roll, and 3) grant permission to advertise the Public Hearing to be held on July 6,1999, which is a night meeting. cc: Staff Concurring Finance Director OMS Manager Michael Powley, Project Engineer Property Appraiser .----. ".....,.... '-' Oliver Abeleda 1800 SW 9th Avenue Ft. Lauderdale, FL 33315 954/761.8422 ~'f p~c.~ k..-6k>r --- - ---., - --. - .-. ~ rõ) Œ@ŒU W ~ In.".! ¡ Wi 111i! L·'9~J~ EN,':' I"': r..:cr; ;'!("" ~ I!. "- '-. ,,' .._J February 22, 1999 Ms. Rebecca R. Padrick, MSBU Coordinator St. Lucie County Engineering Division 2300 Virginia Avenue, 2nd Floor, Room 229 Ft. Pierce, FL 34982 Re: Sewer Connection Fund Raising for Glendale Commons Ft. Pierce, St. Lucie County, FL Dear Ms. Padrick: As owners of the following properties, my wife and I are making a special request or notification: · 140-142 Westglen Drive, Ft. Pierce, FL · 144-146 Westglen Drive, Ft. Pierce, FL · 148-150 Westglen Drive, Ft. Pierce, FL · 152-154 Westglen Drive, Ft. Pierce, FL · 156-158 Westglen Drive, Ft. Pierce, FL · 160-162 Westglen Drive, Ft. Pierce, FL · 164-166 Westglen Drive, Ft. Pierce, FL Since time is of the essence, I, Oliver O. Abeleda and my wife, Karen L. Abeleda, are requesting that any infonnal hearings regarding the MSBU financing the construction of the municipal sanitary sewer system for Glendale Commons be bypassed. We are presently aware of the estimated construction costs as provided by our engineering firm, Culpepper and Terpening, of which you are familiar with as well. Moreover, we realize that these estimated construction costs are subject to change. Please notify us at your earliest convenience of your response to this request. 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CIIA?LIN ( 2. ~ ~ - 0 c) 0 / - 0 0 oj -t ) G~OVE.. 1~,3", ~ SE£ fJ J~ ~ J 5H E£T I' '--' """ ITEM NO. C-3B DATE: June 08, 1999 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ENGINEERING DIVISION 4115 PRESENTED BY: ~\m~~~ { Donald B West, P.E. County Engineer SUBJECT: Extension of Joint Participation Agreement (JPA) WPI No. 4839306 with the Florida Department of Transportation (FDOT) for the New North Entrance to the Port of Ft. Pierce. BACKGROUND: On October 6, 1997 the St. Lucie County Port and Airport Authority signed the JPA Agreement with FDOT. Under the terms of the JPA the FDOT would fund $1,200,000 dollars for a Project Development and Environmental (P.D.& E.) study of the proposed North Entrance Road to the Port of Ft. Pierce. The P.D.E. study includes Environmental analysis, conceptual analysis of alignments, drainage and alternative corridors. The JPA will expire on June 30, 1999 and requires an extension. FUNDS AVAIL. $1.2 Million State Grant (non-matching) 140306 4315 563000 400 PREVIOUS ACTION: Resolution No. 97-06 was approved by the BOCC on September 09, 1997. (See Attached copy) RECOMMENDATION: Staff recommends the Board approve the extension of the JPA for the proposed New North Entrance to the Port of Ft. Pierce and authorize the Chairman to execute the attached Resolution. COMMISSION ACTION: =-.. Dougla M. Anderson County Administrator [~PROVED [ ] OTHER: [ ] DENIED [X]County Attorney [xl Originating Dept. Public Works ~ /IÝ Coordination/SiQnatures [ IMgt. & Budget [ JPurchasing_ [XICo. Eng 1~ { [ 10ther i7í L ,It " Fì I~ " . ':\ h t- I~( FL,L=.~::, File Nurnber:15B01..52 DE E 1..099 F'AGE :¿464 '-' Hecorded : 09-19-97 11: 34 A. h.....,l ,~\ \, ) r OI~T ò,Q.. \~ ,. \ -\ ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY RESOLUTION NO. 97-06 A RESOLUTION OF THE ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY APPROVJNG THE FORM OF A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE NEW NORTH ENTRANCE TO THE PORT OF FORT PIERCE WHEREAS, THE ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY HAS MADE THE FOLLOWING DETERMINATIONS: 1, AUTHORITY FOR THE RESOLUTION. This Resolution is adopted pursuant to the provisions of Part I, Chapter 163, Florida Statutes, Section 320.20(3), Florida Statutes, and other applicable provisions oflaw. 2, FINDINGS. The St. Lucie County Port and Airport Authority (the "Port Authority"), does hereby find and determine that: (A) St. Lucie County desires to construct a new north entrance to the Port of Fort Pierce. (B) The State of Florida has granted St. Lucie County $1.2 to do the planning and design of a new north entrance to the Port of Fort Pierce. (C) It is necessary to enter into a Joint Participation Agreement with the Florida Department of Transportation to utilize the $1.2 million grant funding. (D) This resolution documents that the Port Authority has deterrrlned that the Joint Participation Agreement with the Florida Department of Transportation is necessary and that it has been approved and authorization given to execute the agreement NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Port and Airport Authority as follows: 1. APPROVAL OF THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. The form, terms and provisions of the Joint Participation Agreement, submitted to this meeting and attached hereto as Exhibit A (the "Agreement"), be and the same hereby are approved. The Chairman and Clerk of the Port Authority are hereby authorized and directed to execute and deliver said Agreement in the name and on the behalf of the Port Authority, with such changes, amendments, modifications, omissions and additions as approv~d by the Chairman. Execution by said Chairman shall be deemed to be conclusive evidence of approval of such changes. ~ ,,_ .;tIfI/' '-' OR BOOK1099 F'AGE2465 . ..,.I 2. RECORDING OF AGREEMENT. The Clerk is hereby directed to file the Agreement with the Clerk of the Circuit Court of St. Lucie County, Florida as required by Section 163,01 (11), Florida Statutes. After motion and second the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice Chairman Ken Sattler AYE Commissioner Gary D. Charles, Sr. AYE Commissioner Paula A. Lewis AYE Commissioner John D. Bruhn NAY PASSED AND DULY ADOPTED this 9th day of September, 1997. ATTEST: (" i ST. LUCIE COUNTY ; ," .' PORT AIRPORT AUTB;.q¢ri ,i .':.-; ~ "J , ., BY: -,.:....... ,....~::;../ ~ ," " . ..,. " , ('. .1,? -' , ,«f" - REVISED ITEM NO. C-3B /A '-' '...,I RESOLUTION NO. 99-126 A RESOLUTION AMENDING THE ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY RESOLUTION NO. 97-06 WHICH APPROVED THE FORM OF A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE NEW NORTH ENTRANCE TO THE PORT OF FORT PIERCE; BY REQUESTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXTEND THE TIME PERIOD UNDER PARAGRAPH 18.00 (EXPIRATION OF AGREEMENT) OF THE PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (WPI NO. 4839306) TO DECEMBER 31,2002 WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. On September 9, 1997, the S1. Lucie County Port and Airport Authority adopted Resolution No. 97-06 which approved the form of a Joint Participation Agreement with the Florida Department of Transportation for a new north entrance to the Port of Fort Pierce. 2. On October 1, 1998, the S1. Lucie County Port and Airport Authority was dissolved and the Board of County Commissioners of S1. Lucie County has assumed the responsibilities of the Authority. 3. Pursuant to Paragraph 18.00 (Expiration of Agreement) of the Public Transportation Joint Participation Agreement dated October 6, 1997, in order to request an extension of the time period, it is necessary to request an extension in writing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: 1. Tills Board does hereby request the State of Florida Department of Transportation extend the time period under Paragraph 18.00 (Expiration of Agreement), of the Public Transportation Joint - ~ \"",1 Participation Agreement WPI No. 4839306, to December 31, 2002. 2. The County Engineer is hereby directed to forward a copy of this resolution to Kathy Brown, Intennodal Specialist, Florida Department of Transportation, Public Transportation Office, 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this 8th day of June, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY :f-~ v- ~ , . ........ '.J BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT May 14, 1999 Kathleen Brown Intermodal Specialist Public Transportation Office Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 RE: Joint Participation Agreement (JPA) for WPI #4839306 New North Entrance to the Port of Fort Pierce Dear Ms. Brown: I am requesting your assistance in extending the JPA for the Port Entrance Road. Please forward the necessary paperwork to initiate the process and I will work with our staff to obtain the necessary approvals. As requested, I will forward you a progress report on the project status. Thank you very much for your assistance. Sincerely, ?<µ\~fW~ Don West, P. E. County Engineer DW:jr cc: Doug Anderson, County Administrator Ray Wazny, Public Works Director JOHN D ßRUHN. District No.1. DOUG COWARD, District No.2· PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, Disrrier No.4· CLIFF ßARNES, Distrler No 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Public Worl~s: (561) 462-1485 · FAX (561) 462-2362 Division of Engineering: (561) 462-1707 Fox 462-2362 · Division of P-ood & ßridge: (561) 462-2511 FAX 462-2363 Division of Solid Woste: (561) 462-1768 FAX 462-6987 · TDD (561) 462-1428 JEB BUSH GOVERNOR ~ Florida Department of Transportation PUBLIC TRANSPORTATION OFFICE 3400 WEST COMMERCIAL BOULEVARD FORT LAUDERDALE. FLORIDA 33309-3421 TELEPHONE (954) 777-4490 FAX (954) 777-4095 March 18, 1999 THOMAS F. BARRY, JR. SECRETARY - r . .... "WI' Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 ¡: .,: \: '~: ' ~JL ._U~~6\' ENGINEERING ; Dear Mr. Anderson: SUBJECT: Joint Participation Agreement (JPA) for WPI #4839306 - New North Entrance to the Port of Fort Pierce A Joint Participation Agreement (JPA) between the St. Lucie County Port and Airport Authority and the Florida Department of Transportation (FDOT) was executed on October 6, 1997 for the planning and design of the new north entrance to the Port of Fort Pierce. FDOT funded $1,200,000 (100%) of the project with intermodal discretionary funds. The project expires on June 30, 1999. According to paragraph 18.00 of the JPA, Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 1999. If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary. Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. If you would like to extend this JPA, please send a request in vyriting and include a justification and progress report by May 15, 1999. If you intend to let the JPA expire/terminate, please let us know as soon as possible. If you have any questions or need information, please call me at (954) 777-4491 or SC 436-4491. Si~/eIY, " ,/1 1J¡.L~J ~0 Kathleen Brown Intermodal Specialist Public Transportation Office cc: Don West, St. Lucie Cheri Fitzgerald, St. Lucie MPO www.dot.stateJl.us ø RECYCLED PAPER '-" ....." ITEM NO. C3c DATE: June 8.1999 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS Y: SUBMITTED BY (DEPT): SOLID WASTE DIVISION l:eo . Cordeiro Solid Waste Manager SUBJECT: Florida Department of Environmental Protection Litter Control and Prevention, and Waste Tire Grant Applications for Fiscal Year 1999-2000. BACKGROUND: The Waste tire Grant Application is due July 1, 1999. The Litter Control and Prevention Grant Application is due August 1, 1999. We anticipate no changes in grant awards for this year. The 1998- 1999 Grants were as follows: Waste Tire Grant Litter and Control 97,717 26,316 FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Board has approved the grant applications and agreements to FDEP for Waste Tire for the past eleven years, and the Litter and Control Prevention Grant for the past five years. RECOMMENDATION: Staff recommends Board approve the submission of the grant applications to the Florida Department of Environmental Protection for the Waste Tire, and Litter Control and Prevention, and authorize Chairman to sign the applications, agreements, and quarterly reimbursement re uests. COMMISSION ACTION: ~ROVED 0 DENIED o OTHER: ?:. Do gl Review and Approvals Coun . County Attorney' J:t: ~ . Management and Budget ~ a Originating Dept: (Pub. Wks.) a Other: (Landfill) . o Purchasing: o Other: a Finance: Check for copy only, if applicable: H :\WIN\WP\AGENDA \tiregrt9. wpd 'i,", 'tC~:a~f~~ ' ~~~ ~ ' ~~. ta...... ~ :r 4\ . ~~ .~ r··:· '. ~ ''''J" , ", ~. , "it \' I', ~.. '4:,:"*-. ,,~, E FLOR A",'," ; ',.Ù,L;:' ~~:~ - - L.. ~ _ ~ __ -V/Þ. \wf ....., ., \_--" ' Department of Environmental Protection \ " Jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 SOLID WASTE TIRE GRANT APPLICATION David B. Struhs Secretary 1. Name of ~pplicant: 2. Address of Applicant: ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FT. PIERCE, FL 34982 3. Federal Employer Identification Number: 59-6000835 4. Telephone Number for Applicant: ( 561) 462-1768 5. List of Counties Included in the Application: ST. LUCIE COUNTY 6. Contact Person (person handling program on daily basis): RON ROBERTS 7. Address of Contact Person: 6120 GLADES CUTOFF ROAD FT. PIERCE, FL 34981 8. Telephone Number of Contact Person: ( 561) 462-1631 9. Name and Title of Authorized Representative: Name: PAULA LEWI S Title: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS 10. Purpose for which grant money is requested. (Indicate by checkmarks): Rule 62-716.620 a. Construction of waste tire processing facility: b. Operation of waste tire processing facility: c. Contract for waste tire facility service: d. Equipment for waste tire processing facility: e. Removal of waste tires: f. Contract for removal of waste tires: y g. Research to facilitate waste tire recycling: h. Establishing waste tire collection centers i. Incentives for establishing private waste tire collection centers: j. Peôorm or contract for enforcement activities: k. Purchase materials made from waste tires: "'X 11. This application is due by July 1 of each year. I CERTIFY that I am familiar with the infonnation contained in this application, and tJ1at to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the authority to apply for this grant on behalf of this county. Signature of Authorized Representative Date Please return form to: Department of Environmental Protection Solid Waste Section *Mail Station # 4565* 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5/99 "Protect, Conserve and Manage Florida's Environment and Natural Resources" Prinl~d on r~cyc/ed paper. ...:}!. ,tG~~Cl:QJ l~· ;' .",,~. :\~".,,\. rr..r:" . ~~"f· .. -$!j.., ,,~'f,J 1"\,: ~ .' .,.'~. ~,... '..:. ji' ....... ;""i,~ ..;" .. ....~; ¡'':- 'i';:~t ;:;;: '... .'.¡rif' \ .J..,:".,.I, ~t ;. ¡' , ': -',. ~_~':'_:'I '~~"i~!"~':¡" ~ FLOR A'· ..... .J,.....;.' ~ '" -, .l'::~~:' .,;;. "~-.:: '/;~:l1.·~:;rL;·'~i ~~y -^J" ~~ ........."" _--.~~..,~~ ~ - ~ ~.... ~ ~_........L _ ..\wi """" Department of Environmëntal p'rótection ,.. Jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 David B. Struhs Secretary LITTER CONTROL AND PREVENTION GRANT APPLICATION 1. Name 'of Applicant:· ST. LUCIE COUNTY 2. Address of Applicant: 2300 VIRGINIA AVENUE FT. PIERCE, FL 34~~L 3. Federal Employer Identification Number: 59-6000835 4. Telephone Number for Applicant: 561-462-1768 5. List of Counties Included in Application: ST. LUCIE COUNTY 6. Contact Person (person handling program on daily basis): " RON ROBERTS 7. Address of Contact Person: 6120 GLADES CUTOFF ROAD FT PTF.Rr.E r FT, 14qR 1 8. Telephone Number of Contact Person: 561-462-1631 9. Name and Title of Authorized Representative: PAULA LEWTS r r.HA TRMAN ROA~D OF COTTNTY COMMT55T()Nj:;'~~ 10. Examples of educational and prevention programs for which grant money is requested. (Indicate by check marks): a. Great Florida Cleanup b. Adopt-a-Shore c. Adopt-a-Road/street d. Trash Troopers e. Boate(s & Angle(s Pledge o o o o o f. Storm Drain Stenciling g. Clean Builder Program h. Xeriscape I Beautification I. Adopt-a- Tree j. Bag It On Buses o o o o o o The above program will be implemented through a pUblic I private partnership with affiliates of Keep Florida Beautifu.l, Inc. Florida's local Keep America Beautiful Systems: Name of the KAB System: o The grant money will be used as start up funds to develop a public I private partnership through the Keep America Beautiful System. 11. The grant money will be used for litter and marine debris prevention programs other than those listed above: Explanation of Program and Implementation: ST. LUCIE COUNTY LITTER EDUCATION AND ST. LUCIE COUNTY NON-PROFIT ORGANIZATION CLEAN-UPS. Page 1 of 2 "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled þOþer. ." '--' \...,1 I CERTIFY that" am fa~iIia( with the information contained in this application, and to tile best of my knowledge and belief such Information Is true.. complete and accurato. I further certify that I possess the authority to apply for this grant on behalf of this county. Signature of Authorized Representative Date For further Information on the programs listed above in number 10, please contact Keep Florida Beautiful, Inc., . 325 John Knox Road, M-240, Tallahassee, FL 32303, 904-385-1528. Please return this fonn to Bobby Adams, Solid Waste Section, Bureau of Solid & Hazardous Waste, Division of Waste Management, Florida Department of Environmental Protection, Twin Towers Office Building, Mail Station # 4565, 2600 Blair Stone Road, Tallahassee, FL 32399~2400 Page 2 of 2 5/99 "I' ~ ~ AGENDA REOUEST ~ ITEM NO. C--4 DATE: June 8, 1999 ~ CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS RTJR,TECT' Public Hearing Advance Notice. ev. Director SUBMITTED BY (DEPT): Community Development RAC-KGROUND: The following public hearings will be scheduled for the County Commissioners meeting of July 6, 1999, at 7:00 p.m., or as soon thereafter as possible. 1. ORDINANCE 99-003, amending the St. Lucie County Land Development Code, to provide for additional standards and regulations governing land clearing and yard waste recycling operations in the unincorporated areas of St. Lucie County (first public hearing) . 2. ORDINANCE 99-004, amending Section 2.00.00, Definitions, of the St. Lucie County Land Development Code, to provide for the addition of a definition of the term contiguous and to amend the definition of gross density (first public hearing) . 3. ORDINANCE 99-005, amending Section 7.10.23(L), Separation, of the St. Lucie County Land Development Code, by amending the method for which variances may be applied for from the separation standards for telecommunication towers and habitable res.idential structures and residential zoned land (first public hearing) . 4. ORDINANCE 99-015, amending Section 3.01.03(Q), CN Commercial, Neighborhood Zoning District, and Section 3.01.03 (S), CG Commercial, General zoning District, of the St. Lucie County Land Development Code, by amending the list of conditional and accessory uses in these Zoning Districts (first public hearing) . 5. ORDINANCE 99-016, amending several sections within the St. Lucie County Land Development Code, to provide for a reassignment of duties and responsibilities between the Public Works Director and the Community Development Director (first public hearing) . 6. ORDINANCE 99-018, amending Section 7.09,04(E), of the St. Lucie County Land Development Code, Landscaped Buffer Areas Between Non-Residential' and Residential Uses, by amending the requirements for continuous screening between residential and non-residential uses (first public hearing) . FTJNDR AVA It.ARt.E· Not Applicable. PREVIOUS AC-TION' None. RECOMMENDATION' Staff recommends that the Board acknowledge the Public Hearing schedule for July 6, 1999. ~-~ ~~::O:::ION: [ ] OTHER: DENIED Anderson ministrator County Attorney: yY Co(")rnin~ti()n/Siqna.t1Jrp,:c Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only): - ... , '-" .....", , ~ COUNTY COMMISSION REVIEW: JUNE 8, 1999 CONSENT AGENDA MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Dennis Murphy, Assistant Community Development Director DATE: June 1, 1999 SUBJECT: Advance Notice for Public Hearings It is requested that the Board of County Commissioners authorize the publication of the legal advertising for the following public hearings for July 6,1999, at 7:00 P.M. or as soon thereafter as possible. 1. ORDINANCE 99-003, amending the St. Lucie County Land Development Code, to provide for additional standards and regulations governing land clearing and yard waste recycling operations in the unincorporated areas of St. Lucie County (first public hearing). 2. ORDINANCE 99-004, amending Section 2.00.00, Definitions, of the St. Lucie County Land Development Code, to provide for the addition of a definition of the term contiguous and to amend the definition of gross density (first public hearing). 3. ORDINANCE 99-005, amending Section 7.10.23(L), Separation, of the St. Lucie County Land Development Code, by amending the method for which variances may be applied for from the separation standards for telecommunication towers and habitable residential structures and residential zoned land (first public hearing). 4. ORDINANCE 99-015, amending Section 3.01.03(Q), CN Commercial, Neighborhood Zoning District, and Section 3.01.03(S), CG Commercial, General Zoning District, of the St. Lucie County Land Development Code, by amending the list of conditional and accessory uses in these Zoning Districts (first public hearing). 5. ORDINANCE 99-016, amending several sections within the St. Lucie County Land Development Code, to provide for a reassignment of duties and responsibilities between the Public Works Director and the Community Development Director (first public hearing). .".. ,. ..., """'" ~ June 1, 1999 Page 2 Subject: Advance Notice of Public Hearings 6. ORDINANCE 99-018, amending Section 7.09.04(E), of the S1. Lucie County Land Development Code, Landscaped Buffer Areas Between Non-Residential and Residential Uses, by amending the requirements for continuous screening between residential and non-residential uses (first public hearing). Please call me if you have any questions. DJMljrnr cc: County Administrator County Attorney File SUBMITTED BY: BOARD OF COUNTY COMMISSIONERS Community Development/Tourism Division L._ SUBJECT: BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: C~ION ACTION: [ Þ.PPROVED ( ] OTHER: ..... . ..."" AGENDA REOUEST C-5 ITEM NO. DATE: June 8, 1999 CONSENT X REGULAR PUBLIC HEARING R. J. Gibson Advertising Invoices R. J. Gibson, Inc. has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The invoices with all back up included in the amount of $5,631.96 for May represents cost for the following: $ 3,300.00 $ 1,213.75 $ 747.50 $ 89.46 $ 281.25 Media Placement - USA Today Summer Ad Production Fees Expenses Public Relations Request approval for payment on the invoices for the ~~nth of May in the amount of $5,631.96. The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. DENIED Originating Dept.: County Attorney: __.~_..~____ Coordination/Sianatures Management & Budget: Purchasing: -----~~ Other: Other: Finance: (Check for Copy only, if applicable) POI1MS\AGNRBO '-' AGENDA REQUEST -."""I ITEM NO. C-6-A 1t DATE: June 8, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid Waiver for the repair of the doors at Rock Road Jail BACKGROUND: In accordance with the St. Lucie County Purchasing Manual section 5.5 (a) (2) & (4), the work is a service contract for the repair and maintenance of county facilities and there is only one source that has been identified for this work. FUNDS AVAIL.: 107 -1940-546000-100 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the request for a bid waiver be approved and the work be awarded to Correctional Equipment Company in the amount of $20,000.00. COMMISSION ACTION: [~PPROVED [] DENIED [ ] OTHER: County Attorney:(X) /l L,;-Jj/ ; ...« ,1,/ coordination/Si9natur~ Mgt. & BUdget:(x>Þ<c)) ~~ Purchasing Mgr.:(X) cÆ3 Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\WAIVERS\Bid Waiver Correctional Equip.wpd ~ '-" ...., . \ C i ; , MEMORANDUM CENTRAL SERVICES TO: Charlie Bicht, Manager, Purchasing FROM: Mike Durette, Contracts Coord., Central Services DATE: May 24, 1999 SUBJECT: Sole Source - Correctional Equipment Company ------------------------------------------ ------------------------------------------ Staff recommends using as sole source, Correctional Equipment Company for the doors at the Rock Road Jail. Weare asking for this recommendation because of the qualifications of the Company and because we cannot rmd another local factory authorized service company. flIitø MD:bk - -- F~or1 CœRECTIOt-iAL EQlJIPV~PANY PHONE NO. 205 974 4470 '-' ~1a'::. 12 1999 11: 28AM P2 " ~ - --- Gom:crtOMJ Eq¡1iDmcnt ComPIIJW 1686<1 Count)' Roo.d.460 Moulton. A1 85650 Phou(¡: (255) 9¡~ FAX: (256)97,a·4470 emai1: C\\'PŒCI@AOL.C\.ìPrI Wednesday. May 12, 1999 St. Lucie County Jail 900 North Rock Road Ft. Pierce, FL 83461 Attn: Mike Durette, Contracts Manager Gentlemen, Correctional Equipment Company, Inc. is pleased to otter the following quotation. This quotation is based on the !onowing premises. A. That the quarterly visits shall be scheduled. with the St. Lucie County Jall Maintenance Department. B. Assistance wU1 be provided by the St. Lucie County Jail Maintenance Personnel. 1. CEC shall inspect each door worked on. Inspection shall include but not be limited to each orthe following items where applicable: A. Conåition of door rails, wheels and wheel bearings. B. Condition of door drive chain and sprockets. C. Condition of drop bar lirJœge. D. Condition ofW1LLO Box control cables and linkages. E, Condition or all mounting hardware. :2. CEC shan clean the operating system of each door as required. 3. CEC shall adjust each door worked on. Adjustments shan include but not be limited to the following items where applicable: A. Door hanger position. B. Drive chain tension. C. Drop bar linkage. D. WILLO box conn-ols. E. Door position switches. F. Drop bar position switcheS. G. Drive motor control switches. H. Drop bar motor control switches. ". ~l?~}HBJ ok;,!> ~ (256)353-7931 rAX .,' Irsu ran':'! r~1\r !"c:.! Ra.l1k~ n ~(¡;;'~l!1d St. NE o. Dr«~ier F 'catur. ~:.. 35602 t~ Caro1y~ Sco~t ~ü~e6--·_·· ...............' '..' ^'. .,.. . ... Correct~oral Eqli:pnelit Cor.-,paI1Y, Inc. ~&864 Cour~y Road 480 101 ou hOf1 , ð.L 356$0 1999 11: 3ØAM P5 l'ALI:t.: 1..i"'~"~}'J":' \ OA-&: \MM"~[)"(V) OSl12!l999:(~: ( ONL VAND CONF!RS NO RIGHTS U?CN THe CE!'I1'IFTCATE HCL!)~Fl THIS CERTlFlCATë DOE$ NOT AMEND. EXTEND OR ALTER THe coveRAGE AFFOllloec 8" THe POiJCil!! BELOW. CCMPtUIES AFFORDING COVeRAGe OVER~TRËËi"¿;KËwKL!¡;¡C . Ext 31 ;~~~t"""~í'" A U_._.M...__.._OÞ....._.".. .'." .. ...-.þ-,........ AJ{ÊífïèÃÑ d't¡;¡b'I!MNtt~; .. _ ~. 'h .......-... -::J~F'At.""" B C;::~;'·N''' C Firêir¡.Ú,·s . Funo' .~:.w·At-.I'" Þ . >.' . "'fF.. .;W,~,~f" .',. i .,,;~ l;!f~ ." ." ;itß' : '. .~...",.", : h ~;;¡: ~I¡ l6iO O&R!'iFV T1-IA'!'-¡"1 ~u¢lEe OF INSI.;RAI'ICe LISTS;:) YLOW HAV'E aEEN ISSUED TO "THe INGU IiliD N.iN.ED ABQ\IE FQR jM¡¡; PO"1C'f ~P1öO 1N0ICA1aJ, NO"WI~STA"IDlr4a A..'f< REQI,IIResrT. '!'mI!M 0111 CONo:ïION OF t.HY coNTP...cT O~ OTHER OOQ.;MENT WITH P!8~E¢'!'TO WHI~H 'I"HIG cEM11f1lCA.'rE MAY 8E ISSUED OR IlIA,,' PEFlTAIN, -not. 'NilJRANCIã.l<F¡;OFlOlD SYTHi Ii'OUOI¡l; t:SõSCRIS¡¡C HPIEIN IS SUiJECTTO All Th¡;;~I'IMS. EX~U~OIj$~.NDCONcrrIOÞIS o=sùa-l.oLJCles. LIMITS SI'!OW!,I MAVHAiII!E!£EN REDJ05DBv PAlOCLAlIA&. _ .. .~...~~..._ ~ .......".,. ,. ... . ,....,~.. .... ..H.....__.__. ......~.~.,,_~..._~ . '... ...... ,,,,. ....... ." I. ..."........... ............·n ._..... _... d" ~ i TVI'!! OJ tNU1ANCE I ~ouev NUMæA ¡ POIJC.'" ~VE ¡ DQ.LV !).1M."OoIi ; p,r.Ti~:I,1"i') i DATZ~.IYV) i i C.eN~C:A~~'~,QF:E~'~ .......! ~......3..!..9.~(j.·_9.~g. . ~ r"·,o;..I.C~· ':~M' ¡.:t'K;C. f $ 1,000 000 ¡ i Pe;;~';';¡:·&I.¿~·IiW:;;;Y·· ·;s··· 'i;ôoô:-OOQ (Jl/2S/1Q99: Ol/25/2000 ¡........-......--...-.... ---........... ! i. ~p,("r. ('\:·:n"":'~'.:'r . .L~.....:...99.~~~ .. L:IRE::^.""~~:::~~:'~!.~·;1 I.' .. ,,~~ !.990 ¡ Mi::'::iIF·...'·,yo,\~ô.¡rW) ,$ 1.000 lI\II~ ; GEhEAAI. ¡JABlUTY rx i Ct)MrV:'-c,.....~~"':::1';. ¡,.'Ae,¡:",¡i'Y ~ ~JI" : ~.M"iM'>';E ["I(: OC'::Jf=<j.,'SOO"'..... ~~".., '...., --.-1 ,V") oVo l ¡ O\\,,¡F'<; ~ m~~Ar.-'1í'!'~PH:'.T ! r=l ~'.'~""M"'''· . ~ ( i IIUTCNolIIL! WAe.U~ t~(" ~ "u:v AUTO ,.... j t i A!;;' C1\ffltI ~,.,.. r-1 sc.-;~~ AU'r~~ :"'-'""'1 ¡ ( ..¡;;;)~lJTœ ~.·V'·'l ~ ) ~~Ct~.cVI'J~1 .~,-,'i;)$ , ¡ ! ~L62498S!S Ol/lS/1999 ¡ t~r,~'.~".~~.~~:;~~~I~IT . : ëC'':''''!~ y i~JJ~ . pf':.,'~f'I")I":~ Ol/H/2000 ... . 600~~ V N...\~QV , r,r K'~Ce~ ;3< ¡ .~lÇ9~I~9. .~....,...._--- . ) $ : . )" w'\'" ~ i $ j.. " ..... .._. ....M _....~...M........ ¡?Fo"'~""IoJ".'31õ i~<IE UAaU'TY ~ ~ ANV AU7C .....·1 ¡ \ ~.........~ .. .' -." '....... ~.. ! ~ .~............'., \ i i.~.::?··~~·~:.:~!··~::~:·w~.:,. L?~~~.~!:~~ .~'~.;,~.~~.~::.. " ~- ,~; '1'-ß ~'M"'''''''_'' .....:. .~~e~'0:~?:~l· ~. \ N';¡('¡F!:;:.p;r: !- ~ EA<..~ =~ : I :,._._......... ................... ..... .... ..~.... .\'"'." ,,............ '...,_,uM.. ~" L ~'~~TI& . ¡ ; ¡ x: ~ y~~u~~~ 1 'ë;: '> ! . ¡~;.~".;;:~~,~;~~.. . ; ~ 500 000 01/ ..8/1999 ! 01/25/2000 r·..·.. ......... ........~ ................-. .-j--.,,,. i !E~.~1~~~~_!~~~~;:....·~~_..._...J~J.QQ.9 ¡ . I E\.\:I~.''òIS .~'IoI?~;j¥£¡ \ (; SOO,OOO "~' ¡¡' l cxœWUA~1'Y' ".-'i ur..!3'1w."'O~ ~ ~ Ci:"';;='~;"",:~;:o:èt.1 ¡ 'lrOllIt'EII$ ~,!",OIo¡ AND . ¡ ."PLOYEl'lS' UAelL.~ ~ ~IT' O-Q0::Q!~:'\~1 ~ ~~:;~!,~':.LJ'!':'!: ¡ OF~ 0£"'9 .\~Æ: .011< . . ~ .... ~301300~31 ¡oNO..~ '~l ¡XCI. i t ~ ¡ !SQiIIPTIQIj ~OI'ERA'TtON&;_QÇAT1Q:01V~a,¥I!aAt- TTEV,I .,"". ~ .~; b; ,"OUL.C AN" ~~ .øJ!lav!! DEICI'III!Þ l'CUoCIe8R ~~~ IEFCIÆ 'TI¥ DcRIlAT10101CA11!Tl'EÆCF, ':'}I¡ II:QJI":¡ COtiPAl'lYWIf.L. ~VCA TO IIAIL. ...J.&L.DiIM!I"'''[~N NQT':QI"0 n-utCElOnFlColl'l'l! o«:>.ÞEFI NAIIII!I) "Q~L&F"'. BUt FAlWN: TO ~AlL. !l'JCH t«)TtŒ SHALL 1MPO""c "0 OIII"iColTlON 0fI UMIL:'N 01' ÞlVICIND UPON TIC «JIIþ/lN(, IT!JAC~9 OR ~ÅTI\II;S. AiJTHOIIIZED "._A'T1 St. Lucie CO~~tv Jail 900 North Roek Rd. Ft. P1.rCQ, FL >3451 ..¿-rI DNAL EQIJ 1 PI"'·~.:OMPANY PHJNE NO. 205 974 4.:.713 "-' Ma~. 12 1999 11:29RM P4 , Correctional Equipment Company, Inc. 16864 County Road 460 Moulton, AI 35650 Voice 205-974-4456 Fax 205-974-4410 Repair and Maintenance At CEC. our field personnel. have years of experience in the servicing and repair of all types of locks and locking systems. We ha"e servic:e contracts on jails that range in age ftom prisons built in 1908 to the 1atest high tech prisons. We are fully trairted and/or certified for working on the following systems. * Southern Steel Company - Fully trained and certified to install. service and maintain aJIlocks and locking systems including the newest pneumatics. .. Adtec Detention Systems - Funy trained and certiñed to iI1$ta.ll, service and maintain all locks and locking systems. * RA Brink Loddng SystemS - Fully trained to install, service and maintain all looks and locking systems. * Folger-Adams Company - Fully trained and certified to inst~ service and maintain a1l1ooks ~ locking systems. * Stewart-Decatur Jail Equipment - Fully trahwi and ceriliied to sefVÍCe and maintain aJllockS and locking systCtnS. · Roanoke Iron and Bridge Company· Fully mined to selYÌce and ma.intaîn all locks and locking equipment. · Willo Products Company - Fully trained and certified to instal1~ service and ßla;~ain an loclcs and locking equipment. · Tho Tymetal Corporation - Fully trained and certified to install. servia and maintain aU typeS or security sliding and swinging gåtes. - -.f I mjAL EQU I PMEN~1PANY PHONE NO. 205 974 4470 ~. Ma~. 12 1999 11:29AM P3 1. WILLO box s\vitches and linkages. 4. CEC shall replace, or recommend replacement of each damaged or out of tolerance component. [t is understood that the cost Of the replacements parts are not a part of this contract. St. Lucie County Jail Maintenance Supervisor shall have sole discretion as to the source of any and all repiacemen t parts to be installed. 5. CEC shall lubricate each door worked on. 6. CEC shall provide on site training as requestel1. not to exceed 40 hours per trip. 7. Price: - - - - - - . . . . . - - . . $20,000.00 (Twenty thousand dollars), payable 30 dayS net. 1 ~¡) % aged after 45 days. Correctional Equipment Company, Inc. is fu1J.y trained an.c1 cert1tled to provide service and maintenance for the systems listed on the attached sheet Best Personal Regards. End Workman's Compensation Certificate Liability Insurance Certificate List ofCertit1cations PROPOSAL ACCEPTED BY: Signature: Name: (Printed) Title: Date: , ~ AGENDA REQUEST ...., ITEM NO. C-6-B DATE: June 8, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Bid Waiver for the re-sodding of Open Space Football Field BACKGROUND: See attached memorandum. In accordance with the St. Lucie County Purchasing Manual section 5.5 (a) (1) an emergency situation does exist that could cause a direct loss to the county. FUNDS AVAIL.: 316-7210-563000-7503 PREVIOUS ACTION: May 25, 1999 reject all bids RECOMMENDATION: Staff recommends approving the request for a bid waiver and awarding the work to Stl:lart Sod, Inc., from quotations, in the amount of $15,080 and authorize the chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: ~PPROVED [] DENIED [ ] OTHER: ~ County Attomey:(X) ~f\,/ 1'<\ .... Coordination/Si~atures Mgt & BUdget(x'})v\6D ~/ Other. D Purchasing Mgr.:(X) CjJ Originating Dept: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\WAlVERS\Open Space Football Sod.wpd '-" 'wi! C 1,/ LEISURE SERVICES DEPARTMENT MEMORANDUM TO: Charles Bicht, Purchasing Manager FROM: ---- ,------ .'" .'-1~-; / Thomas O'Connor, Parks Supervisor I~ THROUGH: Jack Doughney, Leisure "'- S. . l..-;;:l.... '<:~'" erV1ces D1rector~::' ('.. I .~ DATE: May 24, 1999 SUBJECT: Open Space Football Resodding Project ***************************************************************** As per our conversation on May 21, 1999, following is the information you requested. As you know the bids opened on March 31, 1999 were rejected because the low bidder withdrew his bid and the second bidder was over the budgeted amount. Because of the time frame (play begins August 1 at), Parks Division is requesting that the field be resodded instead of the resprigging originally discussed. We are requesting to accept Stuart Sod's low quote of $15,080. Attached are copies of other quotes received. If the request is accepted, the Project will go as follows: 1) Frank Stewart Trucking will deliver 1200 yards of fill dirt for $4,500.00. 2) Road & Bridge will grade field. 3) Stuart Sod will deliver and install 58,000 sq. ft. of sod for $15,080.00. If you have any questions or need further information, please do not hesitate to give me a call at 462-1519 or Page #: 785-3421. TO/hh h: \wp\football Attachments · ... -. .... - . ,..... - -",.. ..,~ _._.....,~I ~vu .n...... ..""( ..:;1::S1::S ~""""":; 1"'.61 '-' STUART SOD, INC. ""'" 25 S. ~ Linden Street P.O. Box 2071 Stuart, FL 34995 288·344Q or 930-3440 Fax 288-3442 ~~("'I T p~ Û I Cû .~.\~~_ '~~ ~ ~ !~ \ u.!..i'C-~~~~""í \....ú...~ :---... WRÊ~I· ,RE rUlQ $fAfl; liP ¡ CITY I I '- - ¡ ORDER NO. I I I Jöe AOO~E$$ ! !ð~~c.....\.' ~'~'\d.. i ST EET8.NO ~ ~ :tt <:. -~ ~ \~ I I '-' .... ~ STATE -\ _ \:>'\ c- " C. "-('" , I DATE , rEI:I~ '1.-'" . r c: ~ .)_ 9'c. ! ~ 0 \...X:>..'-...! ~ ' ~ r.....t.:_ {- ------P"'~ z¡~ .--. ...-. -- ! SAlESMAN ~ ~:\ . ~.~ .--- º('~c.c- :tc> \\('\~~n.-\\" 5~, ooo\s~ -- '"':2. ~. ~ C) -....L_ ~ .ç 4 1 C1 - lù~ '<:: 'fV\ '--1-CÁ C&._. CJ a.k 1- 0~ ç, "0>("\ S;-\ -" ""...,-...- .-- ~~C;S1 0 0 0 "'«.. - d. b f IS¡O Z 0 - 0 0 TçÀc... \- ~~~'-e. !' - '-" PAL~I CIT"Y SOD, INc-" P.o. BOX 363 Palm City, FL 34991 Phone (561) 287-5944 Fax (561) 221-3281 Licensed, Insured and Bonded DATE: 5i6/99 Job Name: Football Field Submitted: St. Lucie COWlty Parks And Recreation LOC".ltion: Ave. M & 13th St. Address: Phone: Fax: 561462-1940 Gentlemen: Tom O'Conner These quotations are respectively submitted by our tirm. Job Number: Item ¡Description i 570-2 I Seed & ~lulch 570-3 ! Grass Seed (Perm. Type) I 570-4 Mulch :\-[aterial 570-5 Fertilizer 570-9 Water For Grass 570-10 I Grass Seed (Quick Grow) I 575-1 ¡ Sodding-Bahia 575-2 I SoddÍJ12-Floritam , (St. Au;'Jstine) 575-1-6 i Sodding-Bennuda I Certified 4-19 I Wild Flower S~d ~ - (Southeast Blend) County: Approx.Quantities ¡ L'nit Price Amounts I 58,000 sf I I .30 sf " Delivered , & Installed I 17,400 Peg:ing of Sod Additional.18 cents per sq yd. Certified 4-19 Bemwda will not be available for 30days. T otal:$17 ,400.00 t·IHT-~r-·~~ 11;4( H~ phone: (561)466-4555 SL.CÞ ~o.9t ~H~I ~UH~T SOD/LANDSCHPE ~61464a~47 '-' ~att ~ANDSCAPE SID FOR ST. LUCIE COUNTY P~RKS/M p.e2 ...." tax: (561)464-0547 Page .. !S/Ø5/~~ 1 ITEM CONT CESCRIPTI0N QTY UNIT TOi~L -------------------------- ----- ---------------- ------ ----~--- -------- '0.30 17,'+0~.00 BERMUD~ SOC INSTALLED PA~!.-ETS ROLLS OR PALLETS 58,000 1. , 000 0.;28 aeø.0ø SF SERMWD~ see DELIVERV ONLY SF ,', !' - TOTAL ..==:1......== 171~aø.00 ........ .." -' ,.-. ~ -:-.....-... .- .:":~_~oy"" ....~:_I f'.~....~.~.1 ~~.::.r-~ j,..rt .'. ~.~ 'L~. ._.;;J'.~.. ....... PROPOSAL "'" Pl'Ooo.sal Submitted To: ',,~. Work To Ie Pel'farmed At: Name ..ß'I'.·_~yçJP;_~~·J~;K..& )lE.º_K1;h.Tl<2N..._ -.-- ...., .----.--.-.-.......-..---.-.. _.~. .-. ......... ...-. - ,-.-- ... --- --...-,....-- Street. 2~.9~LYJR@.:n~IA.~y.E~L... -_.._......~.... ..- .--- E'1f. ~ ..e.:c,J1<.G.E ." ._ _. ___ State.__~.~.~.·.._ ..~ Street .___^ 'YJl___ M....5c..J. .3. t..h. _ S~.. .-.....-,--.-. ..~.--.- City Cit-l-T..!-- P ¡ ~.RÇ.Ä...~, .,.. _......._,... _ . ._. State ._f.~!. !... ---. PhOf1e ....._.. .._...... '.. ·n_. .........._.___.-..__..____..............._ Oat. of Plans __._....... Architect._.__.~.-__..___ We hereby propose to furnish the materiais and perform the lðbor necessary for thl3 compietion of ... . .. ._....~.. ...,---_..._...._.._--_.__.---~þ--..., -..-..---""'--.-.. ....-..--...... .......-...,-_....~,...._---_. B ; S SOD, INC. WILL DELIVER AND INS~ALL 58,050 SQ. FT. OF . .. ...-....... ... ...--. ....... ..-..-----..--..-.---...... .-.----,-- -..-...,....,...,.---.---.---..,,-..---....---.-.' .. ._..~.~~MJI.1?~ . S.QP. ß-ºß..!.~_~~_~Q.·._..F.~_"-._...___-.__._--_.- .-.-.,---.--..-,..----. ....-...- -.......... .-., ...--- ...__....~,,-~...-.. ---------. ---- . ..- ..-........- . . ,.........-..-- .. . -,,, ., ....-. ....---...-- -.------. --...-......-....""'---.-.--.-..-....-.. ... . - - ... . ...-....... ..,..... ..._._---_.....-....,.......~._-_....,...... -...----...- -... .. ,. . .. ...--....... ...- ..._'" ....-........--... .....,......- ..".--..--..... -...,-.....---.--- - -_.. . '-.'. .. ........ . ..... .. .. .. ~. ..... ... . ... -,,,..... --- - - . . ....- ._.._---_....-_._~...,..._.._-... ...... .-......... ._............ ,. . --..... - - --..-.... .._-. --' ..... .,,-.. ~..... .. '-'" ...~...- -.-". .- ...,........ All met;sl'ial is gueranteed to be as specified. and the above WCI"k to be pericrmed in eccordance with the drawings anc 5pecil'ications submitted for above work and completed in it substantial workmanlike manner for t;he sum of TWENTY THOUSAND TßREE HUNDRED SEV~NTEEN g. FIFTY CENTS Dcllers ($ 20,317. 50~, with P8Yments to be made as follows: U?ON.. G9MP~E~ION QF.. !lQB . .-......-. ...... "..1Y ~tOfltiOt1 or d9viation from øbove specific.tiOM IrwoMng .xtrl COlts, 'MIl be ea.c;utG only uøo.' wriet8n ordlrS. and wi. beçome ~ ~... charge ovtr slid .bo>.te tM ..timlt8. AU 80reemants CCl'\tinglnt ~ It!'!ktS. IccldencJI or ò,l;¡YS beyond our ca1trol Cwner to cl!JIT'f r.re. ~ÐM>OQç end otI1V n_aery Insurenç. upœ IOov8 W!)f't!. Wort- men', CIIm;lens,tion and Public Uebjlitv InlUl'a/108 on 8D011e work ;0 te c.t,n ØIJt Oy ..... .,,,..--.-..- Rsspect;fullysubmittadJ3._&.. S. SOD, INC. !' - pet'~D-BiÌ~ THO~~ Nat~This propos!:! may be wi1;hdt'awn by us if not accepted within .~.___ days. , . '.' ~ D8.t~~I__~;~~~ . ~:.~: 1f.,.;';·.· ',' . .J".". --,,-~~,,~», . , , . . .. It, . Ì':. 1<. \ ......, AGENDA REQUEST \w ITEM NO. C-2-A DATE: May 25, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid #99-048 Purchase of Sod and Re-sprigging Open Space Football Field BACKGROUND: On March 31, 1999 bid were opened for the purchase of sod and the re-sprigging of Open Space Football Park. Twenty six vendors were notified, four sets of bid documents were distributed nad three bids were received. The low bidder Bannerman Landscaping will not honor their bid and the next low bidder is over budget. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A <:/) \.0 :-o¡. \.0 ..",.. - r ~ c: -< h r\J - -.J f71 ,-., ;::::. -...., 0 :x :~ ,- "::' -Z'!: .... --- '- -.-. -.... n......., -.......--. ,~~.~ ~m d..i-.....: ~-r:= RECOMMENDATION: Staff recommends rejecting all bids. ~MISSIQN ~CIION: ;. ~PPROVED· [ ] DENIED [ ] OTHER: oC:- ... ' - -,-. o Anderson County Administrator County Attomey:(X} /::)L,/" L/~ ::~;:~~ Other: Purchasing Mgr.:(X} ø Originating Dept Finance: (Check for Copy only. if Applicable) Other: Eft. 1197 H:\WP\AGENDAS\BIDS\99-48 reject.wpd ...... '" '-" AGENDA REQUEST 'wtII ITEM NO. C-6-C DATE: June 8,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid #99-053 Maintenance Building Service Crane Replacement BACKGROUND: On May 5, 1999 bids were opened for the maintenance building crane replacement. Twenty vendors were notified, five sets of bid documents were distributed and two bids were received. The low bidder was declared non-responsive because they did not furnish the required %5 bid security. Also, both bids were over budget. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejecting all bids, modifying the specifications and granting permission to re- advertise for bids. COMMISSION ACTION: [~PROVED [] DENIED [ ] OTHER: County Attorney:(X) t~/ Coordination/Signatures Mgt. & Budget: Purchasing Mgr.:(X) ~ß Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\AGENDAS\BIDS\99-53 reject.wpd " - '-" poa\.\C 'lJOR~S oEPþ.p.1MEN1 saUD w A.S"TE D\'J\S\ON NlENlORANOU,", 99-~6~ t ... fROM: DA.1E: MaY 19. 1999 RE: Bid #99..053 _ Maintenance Building sel'lice crane Replacement 1\1e purpose of this memo is to folloW up on our cofl'/ersa\iOn pertaining ':D the I~ bidder. ,,<Nance<! overhead s'(Stems. "s they have failed II> meet the spec¡¡¡cation reQulreme~' please disregard solid Waste Memorandum #l}9-156. whieh reQuested ,/ou aW8rd the bId II> this vendor. and seek the Board's approval of reie7"~ all b~S (2). M> the other vendor . of this bid. Space coast General contractors. came In 'fJ1Ih a bId almost double. the ~nds I budgeted for this pieC6 of equipment. please ~e the necessal)l stePS to ad'Ier\iS8 thIS bIer again. once specifications are revised by 50\1<1 waste. Charlie Bicht. purchasing Manager Leo J. Cordeiro. solid waste Maoager ø 10: LJC/am c'. RaY Wa7.T'V. public Works Director Roo Roberts. solid Waste superiotendent susao Laveoture. Budget & Reveoue Coordinator t I- W >w 1-:::1: ZUJ :JZ 00 0- WI- -« 0...J :J:J ...Jm .« 1-1- UJc - m I- Z w :?: w o « ...J a. w 0::: w z « 0::: o w o > ~ 0::: =It ~ :?: 0::: (!) « 0 z g ~ - .. COW ...J ~ > 5 @) mUJen w~e 0O:::Ln ~~~~ oZ>c cnWOw enl--z =ltææw c«::)a. m:?:a.o ~( ~ t/) t/) 0:: ~ <t ~ 0:::0 ..J U o u~~ o ww~ z uzz w<two > ~C)U cc w<tt/) uW:i Z:E:w ~ffit; c» <tOt/) o o . CD 3 .. o en ~ o o . cn o co ~ ~ - -Ie 0 o ;. 0:e ° · ~ 0 en u . en: Lt) ~ "" CD .. .- G» ~ CD .Q" .. ø" :::::::...= ~ It) u ~ ~-Ie .5 ~ c - m w UJ « m . t- en Z o o (J -0 ...JZ ~O a..m '" in - Q w to- :=) III it! Ö to- W tn ¡¡: Q ~ ~ ë z z W tn W > w ::E ¡¡¡ z B ~ ~ 0 ~ :E Q tn 8 ~ i LI. LI. LI. 000 III:: III:: ~ W W :w III III ¡m lie :e ¡:IE ! :=) b z z iz '-' AGENDA REQU EST \¡ ITEM NO. C-6-D , DATE: June 8,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING SUBJECT: Award of Bid #99-14 - Ideal Holding Road Paving CHARLES BICHT BACKGROUND: On December 16, 1998 bid were opened for Ideal Holding Road Paving. Thirty seven vendors were notified (nine are minority owned), ten sets of bid documents were distributed (two are minority owned) and two bids were received (one is minority owned). The low bidder is Ranger Construction in the amount of $84,442.02. FUNDS AVAIL.: 392-4115-563000-415006 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-14 - Ideal Holding Road Paving to the low bidder Ranger Construction in the amount of $84,442.02, approve the project budget as stated on the attached memorandum ( Division of Engineering 99-206), and authorize the chairman to sign the contract as prepared by the County Attorney. . COMMISSION ACTION: [~PPROVED [] DENIED [ ] OTHER: ===-- u ~nderson County Administrator County Attorney:(X) /"I .. --rì/ ;Q../' ~ v Coordination/Signatures Mgt. & BUdget:(X)~ Purchasing Mgr.:(X) aB Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\BIDS\99-14 award.wpd '-" N Z ;t: 0 0 ~ en It) 0 ~ . N C W 0 z. ~ CO .. W 0 "I"'" > - en C ~ "I"'" ;t: N ~ ~ 0 0 . W N C C) ~ z z ~ .. w « ~ > co ~ ~ . C) .. Z C) >-Z C ~C_ - 0-1> all- C)0<c ...JZ ~D.. W-lC «::J Cl-<C<c 1-0 _«WO 0== aloga-: 1-« I- W >W C) I-J: Z zen ::JZ ~ 8Q a. wI- C -« « o...J 0 ::J::J '" ...Jal ..... .« C)-= 1-1- z"::: enc -a. _ Co m ë5~ J:"I"'" "I"'" ...JI- «« Wco gen ....... ....... C)(Ø z~· ~æ~ ~wc enWw enzz ;t:(5w gza. alWO \¡ (: - lj) () in 6 w ~ ::» m ë æ ~ w fn it ë ~ f.'! ë 0 z z w fI) w > w :E ¡¡¡ Z ::» u ~ u w 0 0:: :E C fn 0 C C u ãi ãi u. u. u. 0 0 0 0:: 0:: 0:: W W W m m m :E :E :E ::» ::» ::» z z z '- ~ \¡ DIVISION OF ENGINEERING MEMORANDUM 99-206 To: Charles L. Bicht, Sr. - Purchasing Manager Ray Wazny, P.E. - Public Works Director tt\_/ Don West, P.E. - County Enginee¡-l": ~ Barbara Meinhardt - Budget and Revenue Coordinator ~~\\ GI> 1..0 _,... _ \0 . , r- 5! ç:: -< tJ "" r.-¡ -. Via: From: Michael Powley, P.E. - Project Manager ,rv\VP ¡:-:, c r.:.: -= -'I "'< ~ :&' \.() .. CJ"1 -. § c:') __ ~_.~: £;:[7": ~g' ::;:. -- ~<: ~..I;; :::; .:::: Ii! ......... .~ Via: Via: Date: May 26, 1999 Subject: Award of Ideal Holding Road Paving (99-14) :::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::~::::::~::::::::::~::~::~::::::::::::::::::::::::::::::::::::::::::~::~;:~:::-·:::~::~::~::~::~::~::i::f::i::~::~::i::~::~::~::i:;i::i::i::i::i::i::i::i::i::~::i::i::~::i::i::i::i::i::i::i::: :::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::i::;::i::i::i::i::i::i::;::::::::::::::;::i::::::::::::::::::::::::::::::::::::::=:::::::::::::::~::i::::::::::·::: :::::;:::~::~::i::i::i::i::i::i::i::i::i::i::i:::i::i::i::i::i::i::i::i::i::i::i::~::i::i::i:::;:::i:::i::i:::i::i::i::: This project will provide two 10-foot asphalt travel lanes to the existing coquina roadway and sod/seed-and-mulch the right-of-way. On December 16, 1998 bids for this project were opened in the Purchasing office. We have reviewed both of the bids received. Based on our review of the bids, we recommend.award of the contract to the low bidder, Ranger Construction, in the amount of '$84,442.02, subject to the availability of funds. The following budget is established for the project: Construction: Testing: Reserves: TOTAL: $ 84,443.00 $ 2,500.00 $ 8,444.00 $ 95,387.00 Funds, when available, will be in Fund No. 392-4115-563000-415006. attachments: Bid Summary Spreadsheet MJ'! 2 6 ¡("t] .. .~ LI . J;;J:j.::] copy: Rebecca Padrick - MSBU Coordinator 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 It) 0 0 In c:i c:i c:i c:i c:i <ri N .¡. c:i Ñ l! GI It) It) It) 0 It) ..... ..... It) 0 U CD C") CO "'" N <'!. CO ...... 0 0 II {? 'i: C'i ,..: N ... .¿ ...... Ò . iii ~ 'a a.. ... ... ... ... ... It) ...... ... 'i: ... ... - 0 en ii: ~ 0 0 0 0 0 0 0 N 0 c 0 0 0 0 "'= 0 It) 0 0 ;I:! GI c:i c:i c:i c:i ...... oi <ri c:i c:i f! c u It) It) It) 0 .... N N ... 0 GI ::J 'i: CD C") CO ...... ... ... q .:0: a.. C'i ,..: Ñ ... CD U ... .... ... ... ' ë 0 0 0 0 0 0 0 0 0 N 0 0 It) 0 It) 0 0 0 c:i c:i c:i c:i ,.: c:i N N c:i Ñ l! GI ... 0 ... CD C") 0 0 C") 0 U ..... ..... "'" "'" ...... 0 ~ .,I {? 'i: ... ... Ñ ""," aj Ñ aj III a.. .... ... It) ;; ... ~ C ... 0 CO 0 ~ ...... 0 0 0 10 0 0 CO 0 0 0 CD 0 10 ...... .. GI c:i c:i c:i c:i c:i c:i N c:i .. 'ë u ... 0 ... () ... 0 C") ... GI 'i: ..... ...... ;; ... DI ::J a.. ... ... C ~ C) c '> C'G no "C C'G o r:x: C) c .- "C - o J: .. ca - .8 Q C'G E () GI .. _ u ø .::= .!.5 I- ø- .. _ 0 õcaca øQ.þ .~ c: 2:!2o Q.ccü .-.- '-' tj 1 , ,., AGENDA REQUEST '...,. ITEM NO. C-6-E DATE: June 8, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Permission to advertise a Request For Proposals (RFP) for a Classification and Pay Plan Study BACKGROUND: See attached memorandum from the Personnel Manager FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise for Request For Proposals (RFP) for a Classification and Pay Plan Study. COMMISSION ACTION: [~PROVED [] DENIED [ ] OTHER: County Attorney:(X) (t..// I~ Y Coordination/Signatures Mgt. & Budget: /) Purchasing Mgr.:(X) cþ Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\AGENDAS\OTHER\Perm to Adv Class & Pay Plan.wpd .., \J r REQUEST FOR PROPOSALS 99-067 Classification and Pay Plan Study Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 ~ ....., ... Table of Contents Part I General Infonnation 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 Definitions Invitation to Propose; Purpose Issuing Office Awards Development costs Inquiries Site Visitations Timetables Delays Proposal Submission and Withdrawal Rejection of Irregular Proposals Addenda Equal Opportunity Oral Presentation Insurance Lobbyist Disclosure Feasibility Studies P art II Statement of Work 2-1 Scope of Work Part III Instructions for Preparing Proposals 3-1 3-2 Rules for Proposals Proposal Fonnat Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria '-' -..J GENERALINFO~TION PART I 1-1 DEFIN1TIONS For the purposes of this Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, finns, or other persons submitting a response to this Request for Proposals. 1-2 TNVTT A TION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits proposals from responsible Proposers to provide a Classification and Pay Plan Study. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Board anticipates entering into a contract with the Proposer who submits the proposal judged by the Board to be most advantageous. The Board reserves the right to award more than one contract if in its best interest. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. A standard St. Lucie County consultant contract is included with this RFP. This contract will fonn the basis of the contract between the successful proposer and the County. At the option ofthe County, tenns and conditions may be added, modified or deleted through negotiations with the successful Proposer. The Board reserves the right to reject all proposals, to waive any infonnalities, and to solicit and re-advertise for other proposals. 1-5 DEVELOPMENT COSTS -1- '-' ...",,¡ Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INQUIRIES The County will not respond to oral inquiries. Proposers may submit written inquiries for interpretation of this RFP to: Charles Bicht St. Lucie County Purchasing Manager Administration Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida, 34982. The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fixed for receiving the proposals. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFP. 1-7 SITE VISIT A TIONS Any Proposer desiring to visit site locations should contact at to arrange a site visitation. These visitations should be done in sufficient time to allow Proposer to meet the proposal submission deadline. 1-8 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFP. A. On , 1999, the Board issues the RFP. B. From inquiries received by mail. , 1999 to , 1999, the County will receive and answer C. The County must receive the proposals by 3:00 PM on ,1999. D. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. -2- ~ \,J E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-9 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: 81. Lucie County Purchasing Department Administration· Annex, Room 228 2300 Virginia Avenue Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "RFP #99-067". The envelope shall also include the Proposer's return address. Proposers shall submit ten copies of the proposal in a sealed, opaque envelope marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 3:00 PM ON , 1999. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confinnation of timely receipt of the proposal may be made by calling (561) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES; REJECTION OF PROPOSALS Proposals not meeting stated minimum tenns and qualifications may be rejected by the County as non-responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or infonnalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of -3- '-' ""'" County Commissioners of St. Lucie County or who have failed to perfonn faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all proposals without cause. 1-12 ADDENQA If revisions become necessary, the County will provide written addenda at least five days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. 1-13 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their proposals. 1-14 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal for the County. The County will schedule any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-16 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances ofSt. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the perfonnance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or -4- \.f '-' after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-17 FEASIBILITY STUDIES The County has established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the consultant's advice. The Board of County Commissioners (the "Board") may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. STATEMENT OF WORK PART II 2-1 SCOPE OF WORK A. The Consultant will provide a comprehensive service including , but not limited to, review and analysis of the following: 1. Classification Plan (attached) 2. Pay Plan (attached) 3. Pay Rates and Salary Schedules (attached) B. Based on the review in A. above, the consultant will provide a report including but not limited to detailing specific recommendations culminating in a classification and pay system containing the following components: 1. A complete Classification Plan revised to reflect all facets of current policy and Consultant's recommendation 2. A complete Pay Plan compatible with all other components of the Classification and Pay System. 3. A Market Study reflecting the pay rates for comparable jobs in the job market to which applicable. 4. A revised Pay Rates and Salary Schedule for all classification positions. 5. Estimated detailed annual cost of implementing recommendations and estimated annual cost of maintenance system. C. The consultant will prepare plans for implementation of consultant's recommendations on a one year basis, two year basis, and three year basis. D. Additionally, at the option of the Constitutional Officers, this proposal may include -5- ~ ...., the Clerk of the Circuit Court (approximately 143 employees, the Supervisor of Elections (approximately 12 employees), the Property Appraiser (approximately 52 employees), and the Tax Collector (approximately 38 employees). IL. THE CONSULTANT - PROVISIONS AND RESPONSIBILITŒS A. The following will be provided by the County to the selected consultant: 1. Work space, where available, for the study team. 2. A copy of the following: A. Personnel Policies and Procedures inclusive of the Classification and Pay Plan. B. Pay rates and Salary Schedules. C. Job descriptions for all classifications. D. Organizational charts for all departments. E. Name and Classification of all department employees. B. Responsibilities of the Consultant include but are not limited to the following: 1. Clerical and technical support for the study team 2. Provisions of own work materials 3. Provisions of all materials to be completed by employees or supervIsors 4. Acquisition of all information or materials from other governmental jurisdictions/agencies, private sector companies, libraries, etc., necessary for the completion of the study 5. All costs incurred to include: A. Travel/hotel expenses B. Long distance toll charges C. Duplication costs D. Postage E. Other costs pertinent to the completion ofthis study C. In addition to providing, in their entirety, the study recommendations, including completed Classification and Pay System, revised Pay Rates an Salary Schedules, a classification maintenance plan, salary analysis of all classifications and cost factors relating to the implementation and maintenance of the aforementioned the Consultant shall provide the following: 1. Written reports of all findings 2. Statistical data, surveys, research materials and other information used in formulating recommendations 3. All supporting employee related documentation including questionnaires and interview forms 4. Defense of all classifications and pay recommendations if such -6- '-" '....I recommendations are appealed by employees or supervisors III. SPECIAL PROVISIONS A. All research/study materials as mentioned throughout this proposal shall become the property ofSt. Lucie County at the conclusion of this study. B. The County Administrator, Personnel Training Manager and the Personnel Coordinator shall have access to all employee related study documents upon request. C. Prior to fmalization of the report(s) and submission to the County, the Consultant must agree in writing not to release any documents or information, written or verbal, to any person, agency, or company without the express permission of the County Administrator. INSTRUCTIONS FOR PREPARING PROPOSALS PART III 3-1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A. Letter of Transmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work. The letter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Qualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States, proof of same must be provided. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. -7- ~ ....., C. Scope of Work This section of the proposal should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. Proposer should not include a proposal for the compensation to be paid for the required services. D. Compensation to be included.. E. Additional Data Any additional infonnation which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. -8- ~ '-I EVALUATION OF PROPOSALS Part IV 4-1 EVAUJATIONMETHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of perfonnance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. verification of availability of equipment; 2. verification of availability of qualified personnel; 3. past perfonnance records; 4. ability to meet set standards; 5. qualifications of Proposer; 6. expertise of human resources; 7. technical soundness of proposal; 8. time frames; 9. past contracts with the County and other governmental jurisdictions; 10. related experience in St. Lucie County; 11. references; 12. financial resources and capabilities. 13. Cost effectiveness; B. Selection The selection of a Proposer to provide the requested services shall be in accordance with Section 287.055, Florida Statutes and Section 10 of the St. Lucie County Purchasing Manual. The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all proposals received and establish a list in order of preference of no fewer than three Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Alternatively, the Board may direct the Committee to establish a "short list" of no fewer than three Proposers without establishing a priority order. The "short list" shall be submitted to the Board and the Board may rank the Proposers in order of preference. The Committee or the Board may request oral presentation from the Proposers when establishing the priority list. If three or fewer proposals are received, all Proposers shall be included in the selection process as described below. -9- ........ ""'" " If the list of Proposers has been prepared by the Committee, the list shall be submitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the fIrst Proposer, negotiations with that Proposer shall be terminated and the Committee or the Board shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifIcations and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all proposals and may re-advertise for new proposals. All contracts negotiated by the Committee shall be subject to final approval by the Board unless such approval is waived by the Board. -10- . . ... ....." PERSONNEL/RISK MANAGEMENT MEMORANDUM #99-07 TO: CHARLES BICHT PURCHASING MANAGER FROM: . --..:..- ,<}G' HENRY DuFOUR ./"'F';.\ '. PERSONNELlTRAINING MANAGER-I1 . DATE: JUNE 2, 1999 RFP - WAGE AND CLASSIFICATION SURVEY SUBJECT: On May 20, 1999, at the Strategic Planning Workshop, the Commissioners authorized a wage and classification study for the employees of St. Lucie County. I am requesting permission to issue an RFP for a comprehensive pay and classification study to explore the following: a. Position of St. Lucie County pay rates compared to other comparable counties. b. Review of current County job classifications. c. A review of current salary ranges. d. A possible revision of current pay rates and salary schedule for a position classifications. e. An estimated annual and future cost of implementing a comprehensive compensation program. Additionally, this proposal may include all Constitutional Officers at their option. HD/mp {/) '-0 __~ :-l ;:: S ¡; ~ ~'. (J I ¡::;; N .-......... ::-:'-rr. ,...'~1," ,-.. ~:: /~ c-) -0 :;:: :;- !2 ~ CJ~ -fiE ~ ar.=-' --¡ r~-: "'< ~ -:; ~' AGENDA REQUEST ...., ITEM NO. C-6-F -.. DATE: June 8, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Approve the contract between Golf Management Systems, Inc. and the County. BACKGROUND: On May 11, 1999 the board approved the purchase of a new computer system for the Fairwinds Golf Course. The attached contract contains changes as recommended by the County Attorney and verbally approved by GMS. FUNDS AVAIL.: Y2K contingency PREVIOUS ACTION: May 11, 1999 BOCe approve the funding and purchase RECOMMENDATION: Staff recommends approval of the contract between Golf Management system, Inc. and the county as amended and authorize the chairman to sign the contract. COMMISSION ACTION: [~PROVED [] DENIED [ ] OTHER: qr'/ '11 County Attomey:(X).--l-- Coordination/Signatures Mgt. & Budget: Purchasing Mgr.:(X) c~ß Originating Dept: Finance: (Check for Copy only, if Applicable) Other: Other: Eft. 1/97 H:\WP\AGENDAS\OTHER\GMS contract approval.wpd "'" Golf Manllg'6letlt Systems, Inc. 12 DeAngelo Drive Bedford, J.U 01730 "" , COMPUTER PROGRAM END-USER UCENSEAGREEMENT (Nonexclusive; Object Code Only) Between GoIjMa1Ulgement Sy~Inc. (licensor) and St. Lucie County City uj"FL ~ - Ffu.r~ fitRj'o,øne (Jjcensee) UCENSOR'S PROGRAM IS COPY.R1GliTED.AND liCENSED (NOT SOLD). liCENSOR DOES NOT SELL OR TRANSFER Tn'LE TO TIÆ UCENSED PR.OGR4M TO. YOu. YQUR LICENSE OF THE LICENSED PROG/?AM WILL NOT COMMENCE UNlJL YOU HAVE EXECV1ED 1HIS AGREEMENT AND AN AUTHORIZED REPRESENTATIVE OF UCENSOR HAS RECEIVED, APPROVED, AND EXECUFED A COpy OF IT AS EXECUl'EJJ BY YOu. 1. License In consÙ:!eraJion of the payment of the license jèes set forth herein... licensor grants you a nonexclusive license to use the package of computer progr(1ltlS Qltd c/QJa in mochine-readablt: form and rt:lated maJeria/s, ~luding documentation and listing$. identified in Ex:Jùbit A. which together c.onrtituJe the "licr;nsed Program, "subject to tbe.jiJ/lowing terms andconditiOlJS... 2. Scope of Rights. You may: A. Install the licensed Program in)lOW" own facility at the locaJion specified by activity center, Exhibit A; B. Use and execute the licensed Program on the computers specified during")lOW" System trožning for purposes of serving the internal needs of)lOW" business; C. In support of your auIhorized JJSe oftheLicensedProgram, store the Licensed Program's machine- readable instructions or data in. transmit it througÀ and display it on machines~ociated With the specified computer; and D. Make one copy of the Program in machine-readable, object code form, for Non Productive baclaJp purposes only, provÙ:fed that Licensor's proprietory Legendis included 3. Fees and Payments. The license jèt: for the licensed Program i.$ specified in &Jr¡bit A under A.nnua/ License and Software Support Fee. This amount must be paid.. in jùJl.. directly to licensor upQn delivery of the Licensed Program. ~c;:. :;;=:~;:::':!!:.~~-!.~~~~ o./ùny 'r:xes ~tùtlJng sdtès or use ~ lmungtbk fùxes, anti ~UpenyA ~ :::::::.:::::::::. ~ uJt/tIs1tèeR8e .undyuur pu~ and use -{JJIhe Étcerlðf:ti Pro8run1, eAiClÙð1ve-u¡ ~ bUJf:d un lJt:f:TI$urs lm:ume. You agree to hold harmless licensor from an claims and liability œ'isingfrom}'(JU1" failure to report.or pay such taxes, exclusive of taxes based on licensors income. The Licensee is exempt from,,'paying sales: and "use taxes. licensor reserves the right to change its support and maintenance fees on ninety (90) days' advance notice (to apply on a prospective basis only). 4. Support. licensor shan suppQrt the licensed Program in the manner specified in Exhibit A. However, licensor offers support only for the most current version of the licensed Program issued by liCeTl$or from tiTnl: to time, so you must make sure to obtain and substitute or incorporate an new releases or fixes issued hy licensor pursuant to its warranty and support programs. Third party application$ for General Accounting and/or Food & Bevtll'age Management, including interfaces from or to Golf Management Systems licensed programs are supported only if ~ '-' specifically listed in ExhibitA. '-' (\ .. \ 5. Your Responsibilities. licensee is responsible for selecting an operator who is trained and qualified to operate the Lktmsed Program on your.own equipment and who will be tr~d tJn the system The licensed Program is designed for use with the peripheral equipment and accessories specified in the attached Purchase Agreement.. or agreed to in advance by Glv.fS Operations. Except as agreed otherwise in the attached Purchase Agreement, licensor assumes no responsibility under this License for obtaining or providing such equipment. You are also responsible for ensuring a proper environment and proper utilities for the computer system on which the licensed Program will operate. including an uninteTTUpted power supply. Except as agreed otherwise in writing, licensor assumes no responsibility under this Agreement for converting your data files for use with the Licensed Program. 6.l'roprÜ!J/lry ProtecJjqn and Restridiøns. licensor shall have sole and exclusive ownership of all right.. title and interest in and to the LicensedProgram and all modifications and enhancements thereof ðncluding ownership of all trade secrets and copyrights pertaining thereto) subject only to the rig/lts and privileges expressl)l grante.d to y:ouherein by licensor.. This Agreement does not provide. you. wi1lt tit/e. Q1' ownership of the. Iiœnsed Progr~ but only a rigflt of limited use. You must keep the. Liœnsedl'rograrn.fte£ and cJeax oj all claims...lien.s.. and encmnbranœs... You may not use, ClJpy, modify. or distribute the Licensed Program (e/ectronjca//yor tJtherwise), or any ClJpy, adaptation, transcription, or merged portion thereof, except as expressly authorized by licensor. You may not reverse assemble, rev.erse compile. tJr otherwise translate the Licensed Program. Y()U1" rights may not be transferred. /eased, assigned, or sublicensed except for a transfer of the licensed Program in its entirety to (1) a successor in interest of your entire busine$S who assumes the obligations of this Agreement in writing or (2) any other party who is reasonably acceptable to licensor, enters into a substitute version of this Agreement, and pays an administrative fee intended to cover attend4nt ClJsts. MJ service bureau wmk, multiple-user license. .or time-sharing arrangement is permitted, except as expressly authorized by licensor. You may not install the licensed Program in any other computer system or use it at any other /ocaJion without licenwr's express authorizatioll ootained in advance {which wi1J not be unreasonably withheld); provided that you may transfer the licensed Program to another computer temporarily if the computer specified in Exhibit A is inoperable.lfyou use. copy, or modify the Licensed Program or ifytJU transfer possession of any copy. adaptation, transcription, or merged portion of the licensed Program to œry other party in any way not expressly authorized by Licensor, your license is automatically terminated You hereby authorize licensor to enter your premises in order to inspect the licensed Program in any reasonable mœmer during regular business hours to verify your compliance with the terms herein, 1Ipon advance request and approval of licensee. You acknowledge that. in the event of your breach of any of the foreg()ing provisionsL licensor will not have an adequate remedy in money or damages. Licensor shall therefore be entitled 10 obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. licensor's right to obtain injunctive relief shall not limit its right to seek fiu1her remedies. If a third party claims that the licensed Program infringes its pqtent.. copyright, or trade secret.. or any similar intellectual property right, licensor will defend you against that claim at licensor's expense andpay all damages that a court finally awards, provided that you promptly notify licensor in writing of the claim, and allow Licensor to cooperate with licensor in. the defense or any related settlement negotiations. If such a claim js made or appears possible. you agree to permit licensor to enable you to continue to use the licensed Programs. or to modify or replace them. If licensor determines that none of these alternatives is reasonably available. you agree 10 return the Licensed Program on Licensor's written request, and you will then receive a credit equal to your net book value for the licensed l'rof;ram determined in accordonce with generally accepted accounting principles. However. Licensor has no obligation for any claim based on your modification of the licensed Program or its combination. operation, or use with any product.. data. or apparatus not specified or provided by licensor. provided that such claim solely and necessarily is based on such combination, operation, or use and such claim would be avoided by combination. operation, or use with products, data. or apparatus specified or provided by Licensor. TIJJS PARAGRAPH SIAl'ES LICENSOR'S ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT. 2 7. Limited WfI17"anty and ~ of LiolJility. Licensor warrmlts, jòr your't'Le./it alone, ihat the Licensed Program conforms in all material respects to the $pecijicatio1'l$ for the current version of the Licensed Program set forth at Exhibit..4, Ws warranty is expressly conditioned on your observance of the operating. security. and data-c.ontrol proce.dures se1j:Jrth. in the. User's Manual included wi1:h the Licensed Program.. J Licensor is not responsible jòr cbsoJescenœ of the Licensed Program that may result from changes in your requirements. The foregoing warranty shall apply only to the most current version of the Licensed Program issued by Licensor from lime to time. Licensor assumes no responsibili/¿y jòr the use of superseded, outdated, or uncorrected versio1'l$ of the Licensed Program. As your exclusive remedy for any material defect in the Lice1'l$ed Prog¡-am for which Licensor is responsible, Licensor shall attempt through reasonable effort to correct or cure any reproducible defeCl by issuing corrected instructions, a restriction, or a bypass. Licensor shall not be obligated to correct, cureL or otherwise remedy any nonconformity or defect in the licensed Program if you have made any changes whatsoever to the lice1'l$ed Program, if the licensed Program has been misused or damaged in any respect, or if you have not reported to Licensor the existence and nature of such nonconformity or defect prompt/yupon discovery thereot The cumulative liability of Licensor to you for all claims relating to the Licensed Program and this Agreement, including any cause of action sounding in contract,torl. or strict liability, shall not exceed the total amount of all license fees paid to licensor hereunder. This limitation of liability is intended to apply without regard to whether other provisio1'l$ ofthisAgreementhave been breached or have proven ineffective. This lindtotion of liability shall1lOt apply to the indemnijication provided in Section 6 hereof Licensor shall have no liability for loss of data or documentation, it being understood that you are responsible for reasonable baclaJp precautions. In 110 event shall Licensor be liable for any loss of projits; any incidental, or conseqµential damages; or any claims or demands brought against you, even if licensor has been advised of the possibility of such claims or demands. This limitation upon damages and claims is intended to apply without regard to whether other provisio1'l$ of this Agreement have been breached or have proven ineffective. You may have additional rigflts under certain laws (e.g., conswner laws) that do not allow the exclusion of implied warranties, or the exclusion or /imitation of certain damages. If such laws apply, OZU" exclusions or /imitali01'l$ do not apply to you. 8. Term of AgreemenJ; Termination. YOZU" authorized use of the licensed Program shall become effective upon delivery of the licenæd Program to you and shall continue jj:Jr q. period equal to the number of months that remain in that calendar year. That pro-rated (J1tJ(}UJ1J win be invoiced and is payable upon delivery of the licensed program to you. In the second year of the contract.. an annuol.jke. will be. char:ged j:Jr the en1ire. b1tehæ.month.. period at the cost shown in Exhibit A. In all ye(ll's. subsequent to the..lsiyear O¡tbe..COnJr~the iJnmu:Ji. amount will be.. irnloi.ce,d on September 15", witlLJ'OY"'Pnt due. wi.tbin..3Q doj¡s. oJreœipt ojt1lLupdnted Jjr.PnW!4Program.. Your license. will conpnue without intemJption. joT C'onJimJing twelve. {12J-1IlO1ltkperi.olk.unJess.. wdJtm. noti.ce.. is. Teceived by. LicerJSOr at lea3t 90 days prior to-the expi1'atúm of the thm~œR1l-ofthe ~. ~ may œnninate. it&~ obliga.tions under this~· by p1'OVidiRg liœnæe W1'itten-R6iiœ 9jl.kenæe- ~ default II1Ider this AgreemeRt. U¡Nm. Fe£8ipt of Licensor's notiee- of defouk, LieertSee will have thiFIy- (3f)} åay5.iIf. wJiieh. &CIII'e Sfld¡. default. In the-ewmHieenseehas 1IOt cured such default within such thirly- (3fJ) dtly periøtJ; tJtia. Agreement win termintlte. Iice1fSee'mttytemfint:tte this Agreement by providing written notice of Licensor's defmtlt-ofits-mointmance obligations under-tlùAgI~e11te1Jt. In the event such default has not been cured by licensor withirrsadrtJrirty- (3fJtday ¡A:,iod, thisAgreementwiHæ, "u·"âA:-. Upon termination of this Agreement, all rights granted to you wiD terndnate and revert to licensor. Promptly upon termination of this Agreement for any reason or upon discontinuance or abandonment of your possession or use of the licensed Program, you must return or destroy, as requested by licensor, all copies of the licensed Program in your possession (whethermodijied or unmodijied), and all other materials pertaining to the Licensed Program (jnc/udin¥ all copies thereof). You agree to cerJjJÿ your compliance with such restriction upon licensor's request. Either party may terminate the Contract without cause at any time upon thirty (30) calendar day~ prior written notice to the other party. 3 '-' ....." 9. MlSCf!Ilaneous. This Agreement shall be governed in all respects, including its validity, interpretation and effect, by the internal laws of the State ofMllssa~lZs~ without giving effect to the privciples of conflict oflaws thereoj Flor1da No modification of tJús Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enfprcement o/the modification is sought. References to your use or benefit include any subsidiaries you may own directly or indirectly by more than fifty percent (50 %), provided that, to the extent of their use and benefit. they comply with the restrictions herein. AIry notices required or permitted under tJúsAgreement shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested.. with proper postage ajJixed In the event that any of the terms of tJùs Agreement is or becomes or is declared to be invalid or void by any court or tribunal of competent jurisdiction. such term or terms shall be null and void and shall be deemed severed from tJùs Agreement and all the remaini1'lgterms oftJùsAgreement shall remain in jùJJ force and effect THIS liCENSE AGREEMENT. TOGEl1IER. WITH THE OMS PURCHASE AGREEMENT IS THE COMPLEIE AND EXCLUSIVE STATFMENT OF llCENSOR'S OBllGATIONSAND RESPONSIBIL11JES TO YOU AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION. OR OTHER COMMUNICATION BY OR ON BEHALF OF liCENSOR RELATING TO TlfE SUBJECI'MATTER HEREOF. Acœpted andAW1'oved: St. Lucie County City ufF~ JÞJem: Fairwinds Golf Course [licensee] Golf Management Systems.lnc. [Licensor] By: By: TItle: 1itle: Date: ,19_ Date: ,19_ Address: 4400 Fairwinds Drive Fort Pierce. FL 34946 ,.\}~. \t \ Address:12 DeAngelo Drive Bedford, M4 01730 Telephone No (561) 462-2722 Fax No (561) 462-3589 TeJephoneNo. (781) 275-2320 Fax No. (781) 27~-4910 4 ~ \wi J EXHIBIT A 1. Modules Point of Sale, Inventory, Gift Certificates, CriXlit Book, GMS Reservations, Admistrative T.ee TImes, Photo ID @PointofSale and IC VerifY Credit Card Software. 2. lnstPOationAddress: 4400 Fairwinds Drive Fort Pierce. FL 34946 3. Client Provided Hœvlware 1/ client provides hardware, approval signature is reqJlired from GMS Operations De¡x;rrtrnent Please provide list of actual eqJlipment to be installed 4. Anmu1l Licensemul So./twtlnSupport F.ee: $29()(J.OO 5. Suppmt temts, including caJl...in help and updates. Traimngprovided at customer site as ~r Purchase Agreement and installation documentation or pre-arrqnged at prescribedfees. Telephone SupporJ for OMS Software Technical Support is provided by telephone Monday-Friday from 8am-6pm to answer user questions and provide assistance with Software Set.,.up or System Reporting issues. to all personnel trained in the use o[ the GMS JIIpÍter Software System. Emergency Support is provided on a 7x24 basis to answer "mission !!!i!!:£!!!." software related qr.¡esJžons. Mission Cl'Ïtif;#l is defined as, .Q system failure.or similar inability 10 œmpJete the transactions necessary 10 1'JI1' your business. This emergency SllJ1POI'I is limited to those individuals who have been trained on the system by Œ,/lS personnel or those authorized to provide such training on it's behalf. On-SiteTraining Support js provided by plior arrangement between authorized customer representatives and GMS Support Manager at a rate of$105. 00 for each on-site hour. and $75.00 for each hour in travel to and from client site. ATo/ and all travel~. are additional. Hœvlware, Network and W"uulows WOl'/cslQtion SlIppOrt is not included in the definitions of or the Suppo1'1 Fee quoted above and is not tQ be CfJIISÚiet"ed part of this Qgff!e1IIeIIt unle$S specijically listed in the GMS P'Ul"Chase Agreement and GAlS license AgreemenLPricingfor Hardware~ Network. and Workstation Support is fDlOted on a case-by-case basison/y~al.$15o..00per hour /Ã Third Par1y App/icøJions andAccessories GMSrecommends that you bave at least 500 megabytes of disk space.free at all times. GMS is not responsiblefor data lostfrom running out of disk space. user error or from coriflict with other DOS/WwIows programs and/or utilities... Client unde.r.stands that the support illdica1ed in the contract. is only valid if you abide by the.following; ma1œ. daily hackups.have 500 megabyte.qffre.e. 8p4Ce on your borddrive, and have anJy. appravedsojiware. 04)lflUr~. GMS isllOt responsihle.for tm)l software other than. the. GMS Go/fMnn~pl'n(n'f SoJl.wore- 7. De/lvf!ry Date To be determined by GMS OperationsDepartmenJ upon receipJ of all documentation. Licensor's lnitûJls Lice1Isee's Initiøls 5 '-' '-" I PURCHASE AGREEMENT I Golf ManagemePt Systems, lac.. 12 DeAngelo- Drive Bedford, MA 01736 Phon.e:.781-275-232.0 Fu: 781-275-4918 St. Lucie County ØlJdOF~ Fairwinds. Golf Course 4400 FainviDds Drive Fort Pierce, FL 34946 . "THE LEADER IN GOLF COURSE MANAGEMENT SOLllnONS" . GOl.F MANAGEMENT SYSTEMS. IN£ Phone: 561-462-2722 Fu: 561-462-3589 · Agreement · Products & Services · Manufacturer's Warranty · Product Quality Warranty · Pre & Post Installation · Service Descriptions · Telephone &·RemoteDìal-Up Support , · GMS Responsibilities ~ . AGREEMENT GoIf Course agrees to purchase andGolf Management Systems (GMS) agJ:eeS to sell the products anQ: services listed in the "Prodi1cts I!t. Services." section. of this ag:reement according to the terms and conditions contained herein: 1. GMS agrees to deliver to GoIf Course the products and services listed in the "Products and Services" section of this agreement 2.. Golf Course agrees to compeD5ate GMS at the tate of$105/br for time spent.in the.renœnng of on-site. ~ and seMce.. GMS will invoiœ golf comse. and golf course agrees to pay within ten. (1Q.} days of ~ ofiBvoiœ. 3. ).~mettts that arepart of 1his agr~ ''Products & Services" 4. Buver a2J"eeS to Day GMSÙl tlie foUowim! increments: :e.urchase Order ,..iUJ.lAd Jor · tseYem, ofI'A-e ~ tfl''Y0181= Hardware, Software, Installation, and , Annual Support upou signing ef tbi~1i!';¡:?¥ agreement. · P/O received 5/12/99 . · Balance of Software, Hardware,. Annual Support, Installation and Training due upon instaIIatiøn·of equipment and prior to start of training. GMS Initials BUYER. Initials \",,¡/ ACCEPTED . GoIfMallagementSyúp.ms, Inc. 12 DeAageI&.Df'ive. B-edford, MA 01730 Signature TItre Date St. Lucie County 4:'ity g( Fort PieR.· Fainvinds-GoIf Coone 4400- Fainriøds- Dr. Fort Pîerce,FL 34946 ~Board of County CODDDissioners Signature Titre - Chairman Date '-' " Fairwinds Golf Course PRODUCTS AND SERVICES QTY Golf Management Systems Hardware I Software HARDWARE Tee TimesVoice Board (4 lines) 2 Epson Receipt Printer 2 APG Cash Draw 2 Bar Code Scanners for Point of Sale Computers 2 Cherry Keyboards for POS with Credit Card Swipe 2 Total Hardware GMS -Multi-User. Point of Sale 1 Inventory / Gift Certificates I Credit Book 1 GMS Reservations I Adm. Tee Times Res. 1 GMS - Inter Active Voice Response Tee Times System 1 IC Verify Credit Card Software 1 Photo-ID at Point of Sale 1 Discount for replacement system -1 Software Total Total System Hardware/Software Plus tax and shipping Annual GMS Support Unlimited Telephone and Modem Software Support, and GMS Software Upgrades. Total Deposit Inventory and Database creation: TBA. based on information provided by client Inventory data entry Membership entry '-" $.80 per item $.80 per member On-site software module training: Point of Sale/ Inventory (2 Days) Tee Times Management (2 Days) Voice Interactive System (1 Day) 1 Day Set-up ofIVR Server at GMS Offices (1 Day) 1 Day when system goes live $1,200 $1,200 $600 $600 $600 PRICE $1,800 $1,300 $600 $800 $600 $5,100 $7,000 $4,000 $10,000 $1,800 $1,500 ($9,000) 515,300 520,400 $2,900 $23,300 $14,000 Trave1expensestobebi1ledatactnaI and are subject to the provisions of Section 112.061 Course Responsible for hardware,network, communication set up and wiring of' Florida Statutes. ~ . MANUFACTURER'S WARRANTY Includes: All Products Iisted in the "Products & Services" section of this agreement are warrantable by the manu:fàcturer. GMS agrees to honor sIT warranties to the extent stated by the manufacturer for a ReseHer: 'fhis wamurtv is a 1 year retumto- deoot warrantv except where covered bytJre Produet Quality Wammty. On-site'servirefor- product wm:ramie& beyond or excludiBg OMs.' product Quality Wmranty will be c1wgedat tbe.~ stated in the srttlI~ñP.rl pmposalfm: in!ðJll1J1non~ and training.. GMS will not be respansib1e.fur ddays. by the manufi1cturer or service OTgII11i71lfinn..in the repair or repIacement of components under Wammty. GMS is not financially liable for loss of data, loss of information. or downtime in the event of product failme. . QUALITY WARRANTY Includes: Free retllrn to deoot wammty repair wmk and/or exchange service for defective products Iisted in the "Products and Services" section of this agreement if: the products areinstaltedby a representative of GMS and the product is di:emed defective, byluepresentative ofGMS. as-aresu:ltof normal use;1II1d such defect appears within 3(}· basines&days-ef iBstaIlation. . PRE & POST INSTALLATION CONSULTING Includes: Pre-Installation within one week of the acceptance of the agreement. a complete installation plan is developed including specific cabling and site requirements and a description of the insta11atíóri process. Membership profile and inventory file creation responsibilities, as well as on-site staff· participation will be determined. This pre-in.<1f'IIl1J1tton planning als&pævides an opportImity tÐ æatmm-aml cIarüy the.fLmctinnality of the han1ware:aDdsottware on the system... GclfMlmsgf!TT1ent S.yst.ems.wi1lalso confinn the dates for installation and tmining.and sched1ùe the technical specialist who will be responsible for all implerTJP.ntation timetables. Includes: One week: after installation. the system is evaluated by the client who provides feedback regarding the quality and quantity of services, the performance of the system and its components, service response and sales support experiences. Unresolved issues or problems if any. are discussed; documented; and a dated plan forresohItiOIr ingreed upon. '-' . SEBVICE DESCRIPl1ÐNS Additionalon.:.site·support is an'ongoing semœ that im;}udes; twuble shooting, ~ system. fuiÞ1reI.recoYet1l R<:!~<mmce.,.training. addinonRI pet'!U1T1nel, and theJabor inyalved with~out defective components. This sernœ is charg.ed at prevailing,rates. .. TELEPHONE & REMOTE DfAL..1fP StJPPOltT (Pl;EASE READ CAREFtÆLf) Includes: Telephone trouble shooting and support wbidr maybe \N~via 1:elepJrone; lfteluties: RemÐte dial-up vi& tJie.1atest VefSÍeB of PC ABywIlen. bywbiGh GMS will leg-in-to a workstation aIId. Wub1e. shoot problems. QMS requires thata.cop.y of tb.e.PC AD.ywhemsotlwafe andltmadem. with minimum 56 BPs. be. cmmecteq to a personal cmnputer on the system during.on-line support. Telep1lone and remote diaI-up support will be offered during GMS' nmma1 business hours. .. GMSf.BU\lER RESPONSIBIIJ'FIES- .. GMS. TPr.nmmends that you..haYe. alleast. 5Q meøab'ltes of disk: sp8œB. at alltimcs_ §M§ is not resoqnsible for data Ios.t fromronninlr out or disk soaœ. user error. or from couflict with other DOSIWindows based D~ and/or utilities. . This contract confinns that the buyer understands that Golf Management System is a tumIœy system, meaning that VOW' ~stem should contain oniv GoifManaS!ement Svstems' stoif soflware. Any other software may be added only bY notifYing GMS and getting the proper au1:l1i:iriZatìòn. .. Buyer understands that we-" Jtt1t ftlII'tIIrW t1ud . ",.mtllletl11el'ÌÐhertI/s. fBriIrten. etIIIfI1JIIen. søfIwøH. ek.). will opemte. œthe n.etwŒk we iAstall. . ~ lmd...mllnd~ thatthe suppoI1. indi,".JIt~ in the con1Iaclis only 'l8lid if you abide by the following: make daily ~have fifty megabytes of ftee space on your bard drive, and have only approved software on your system. OMS- _IaitialsBuyer _Initials .ssø;r"·· " r' .,.:;,/,:, <:.- '-" ......." AGENDA REQUEST ITEM NO. C 12 DATE:May 11. 1999 REGULAR [ PUBLIC HEARING CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): AUTOMATED SERVICES DENNIS WETZEL Automated Services Dir. SUBJECT: Fairwinds Golf Course Software Y2K compliant. BACKGROUND: In February 1992, Fairwinds Golf Course signed an Agreement with Computer Golf Software of Boca Raton. The Agreement included maintenance, support and software upgrades on a year-to-year basis. This software is written in DOS, it is extremely outdated, and not Y2K compliant. Also, to bring the golf course software up to compliancy, it is necessary to upgrade all hardware at the golf course facility. FUNDS AVAIL. (State type & No. of transaction QL N/A) : The Board of County Commission, during Budget Hearings of 1998-1999, approved funds for Y2K compliancy. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissioners approve: 1) Cancel the Computer Golf Software Contract. 2) Purchase Golf Management Systems Inc. software/hardware, support and maintenance program for $20,400, with a four (4) day on-site software module training session for all employees and volunteers at $4,200, total cost of $24,600. 3) Purchase hardware upgrades, at a cost of $13,363, necessary to support software programs and bring the golf course Y2K compliant in all aspects. COMMISSION ACTION: CONCURRENCE: APPROVED OTHER: DENIED ~ \J LEISURE SERVICES DEPARTMENT Fairwinds Golf Course MEMORANDUM TO: Board of County Commissioners FROM: Dennis Wetzel, Automated Services Director VIA: Timothy Coolican, Golf Professional DATE: MAY 11,1999 SUBJECT: Fairwinds Golf Course Computer Software In 1992 Fairwinds Golf Course purchased golf software to include general ledger, inventory/point of sale, credit card authorization, handicapping, and automated tee times capability. At that time, Computer Golf Software (CGS) was one of the few companies offering this type of software. Although the concept of the software was good, we have not received the maintenance and support service offered through the Contract. Due to the fact the software is DOS based program, and will not allow Automated Services personnel to support us, we have experienced literally days of down-time with the system. Telephone calls for assistance to CGS are either ignored or we spend hours on the phone trying to get the system to function properly. In the meantime, the volunteers working at the Point of Sale desk, must attempt to carry out the functions manually. We continually have problems with credit card authorization response. The volunteers must verify and authorize charges through a manual process; this frequently results in confusion and costly errors. Staff requested a meeting with the president of CGS and our Automated Services representative. Questions were asked about the present support system and the company plans for the year 2000. The President stated a five year plan for full Internet service was the direction of the Company. This is a concern due to the fact the software will not be Windows based, security for credit card transactions are not guaranteed. We have a problem with support now, what will happen if CGS goes in the direction of the Internet? At this time, there are many golf software packages available; staff, with automated services personnel, set interviews with various vendors and entertained demonstrations of software packages. We found Golf Management Systems (GMS) able to supply all dimensions to meet our needs, i.e. user friendly for all employee/volunteer staff status, automated tee times, inventory, and financial daily reports, as well as security for credit card transactions. Board of County Commissioners ~ '....,/ May 11, 1999 page 2 Staff polled various golf courses requesting opinions of the GMS software. Every golf course contacted expressed enthusiastic and positive remarks. More than 50 percent of those contacted replaced the Computer Golf Software System of Boca Raton because of lack of support and service. Fairwinds Golf Course currently pays Computer Golf Software $3,500 per year for their support, maintenance, and upgrades; that renewal is presently due. Golf Management Systems Inc. quotes $24,600 to install a totally windows based software, train all volunteers and employees. The yearly maintenance, support and upgrade charge is $2,900 ($600 less than our present software provider). Automated Services has provided a quotation of $13,363 to upgrade the golf course facility hardware, which is needed to support the requested software and to bring the golf course facility up to Y2K compliancy. RECOMMENDATION: Staff recommends the Board of County Commission grant permission to cancel the Computer Golf Software Contract. Staff recommends the purchase of Golf Management Systems Inc. software/hardware, support and maintenance program for $20,400, with a four (4) day Qn-site software module training session for all employees and volunteers at $4,200 a total cost of $24,600. Staff also requests approval for Automated Services to provide hardware upgrades, as quoted and necessary, at a cost of $13,363 to support golf course software programs. The approval of these recommendations will bring Fairwinds Golf Course Y2K compliant in all aspects. Attachments: Three (3) software vendor quotes Automated Services quotation ~. ~ ...,I AGENDA REQUEST ITEM NO. C-6-G DATE: June 8, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Permission to advertise for bids for towers for the 800 MHZ radio system BACKGROUND: See attached memorandum from the Public Safety Director FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise for bids for towers for the 800 MHZ radio system. COMMISSION ACTION: [~PPROVED [] DENIED [ ] OTHER: D 9 nderson County Administrator County Attorney:(X) Mgt. & Budget: Purchasing Mgr.:(X)~ Other: {J.¿' Coordination/Signatures Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 ~ JUt.j-03:-99 THU 133:28 'SLC PUBLIC Sf'..FETY EOC 7 462 1737 P.Gt ~ ...,¡ \ . , OOARD OF COUNTY COMMISSIONERS '. DEPARTMENT OF PUBLIC SAFETY MEMORANDUM JACK T. SOUTHARD MA~GEI\ TO: CAROlYN Olll-COl1Æf1. - Q11 COOI\DlNATOI\ OONAW DANIELS - EMERGENcY MANAGEMENT C()()PJ)INATOI\ KAl\EN TA YlO" - AN1/I.V..L COHTROl COOP.DlNATOP. BOARD OF COUNTY COMMISSIONERS FROM: JACK T. SOUTHARD, PUBUC SAFETY MANAGER DATE: JUNE 3. 1999 SUBJECT: PERMISSION TO ADVERTISE, RADIO COMMUNICATION TOWERS In February, it was decided by county staff and the radio committee. that it was in the best interest of the county, to own and have totat control of the thre~ simulcast towers being used for the 800M Hz Public Safety Radio System. These sites are, pt. St. Lucie High School, being a 300 foot self support tower. the County Landfill. being a 300 foot guyed tower and the County Emergency Operation Center, being a 500 foot guyed tower. We went back to Motorola and asked them to price these towers, and to be competitive in pricing with other tower vendors. County staff would then go to the Board of County Commissioners and ask for a change order to the Motorola contract for the tower additions. This would then be a tumkey operation. After several months of delay on Motoro1a's part in getting us this information, we do not feel that their costs for this project are competitive with written quotations that we have received from other tower vendors. Mr. Anderson and myself have been working closely with Motorola on their costs, to see why their cost difference is greater than the cost of the two other vendors who we have received quotes from. In light of this situation and to keep things on a fast track, we would like to request permission to advertise for bids for the three (3) 800MHz Radio Towers as described above. JOHN D. ß/J.UHN. O;~rrià 1'10. 1 . 001.1(, COWARD, Oisrr¡"'~ No.2' PAUlA A. l(WI~. D¡'1T1çt No, :} . fMNMI£ HlITGlIN50N. [¡¡srf.cr N,>. 4 . CUfF úAI'.ND. DMlcr No.5 COlJNy AcJmJotmalar . Oou\lCl! M. Anderson 101 NorTh Rock r..ood . fort Pierce. Ronda 34945 Pll00e(561) 462-17.36 - Public 50fety Office . (561) 461-5201 - fmec~ Monagemef\f . (561) 465·5770 - 911 Office lI,~ (56~) d6i-ó177 - Mimol Coot/cl - JUN-ø3-99 THU 113:55 AM SLC PUBLIC SAFETY EGC 407 462 1737 P.ø2 '-' '-.I ~6/ß3/99 TaU 11:11 FAX 561 489 6~38 , DAVE'S COMM. iii 001 DAVE'S COMMUNICATIONS, INC. 2530 OKEECHOBEE ROAD· FORT PIERCE. FL. 34947 · PHONE: (561) 464·9711 Jack Southard Director of Public Safety St. Lucie Co. 3 Jun 99 Dear Jack; Yçm asked if I saw any problems with our renting tower space as opposed to the County building ita own. From a technical viewpoint, I see one overriding concern. Our trouble with the current public safety radio systems is that, for one reason or anothar, we lost control of things like interference and co~channel licensees. Taken in total# this has caused a marked loss of communications reliability throughout our system. This is the primary reason we are spending all this money on a new aoo system. We have an absolute lock on the frequencies with this system, but we have to be able to protect the towers from interference from other users, both 1M and broadband noise, otherwise we will be in the same situation that we are in now, namely not being able to hear our mobile and portable units. There is considerable precedent for this position. Note that the Cell Phone providers are EXTREMELY reluctant to allow anyone else on the their towers. The¥' want enough control to make sure their systéms work, and the1r customers are satisfied with their service. Look at the trouble PSL is having with Bell South Mobility regarding the tower at the City Public works yard. It is my considered opinion that St. Lucie Co. must own and have total control of the three simulcast towers for the Motorola BOOmHz system to function correctly. The I FAA' site should be no problem, as it is an 'IR' system, and won't be permanênt in any event Sincerely: Gregory T. Bunting Dave's Communications, Inc. 2530 Okeechobee Rd. Ft. Pierce} FL 34947 (561) 464-9711 FAX (561) 489-6438 PGR (S6¡} 340-8004 ...... ....., AGENDA REQUEST ITEM NO. t~Î·ff" DATE:6/8/99 REGULAR [ :] PUBLIC HEARING CONS ENT f1l TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT) : Administration Doug Anderson SUBJECT: Application Form, County Committees BACKGROlillD: Several months ago, an application form was developed for use by residents wanting to be appointed to a County board or committee. It is intended to standardize information received from persons wishing to apply. With the upcoming appointments to the Contractor Certification Board, interest has been expressed in using this form to gain information on those who may want to sit on this committee. FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of the application form. [ ] [~ APPROVED [ ] DENIED OTHER: re-agenda M. Anderson Administrator COMMISSION ACTION: Review and ~pprovals County Attorney: Management & Budget purchasing: originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 ~ \-.f \ St. Lucie County Board of County Commissioners Application for Serving 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. PLEASE INDICA TE THE COMMITTEE(S) YOU ARE INTERESTED IN:(SEE LISTING ON REVERSE SIDE) 2. NAME: PHONE: 3. HOME ADDRESS: 4. WHICH COMMISSION DISTRICT DO YOU LIVE IN? 5. BUSINESS/OCCUPATION 6. BUSINESS ADDRESS: PHONE: 7. BRIEF RESUME OF EDUCATION & EXPERIENCE:(please attach resume) 8. DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE LIST: 9. WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) INDICA TED? 10. WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) 11. COMMENTS: SIGNA TURE: DATE: APPLICA TION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to:St. Lucie County Administrator's Office 2300 Virginia Ave. Ft. Pierce, FI. 34982 Phone: 462-1453 \.f "wtI ST. LUCIE COUNTY ADVISORY BOARDS AND COMMITTEE CITIZEN APPOINTMENTS AVAILABLE Beach Preservation Task Force Board of Adjustment Central Florida Foreign-Trade Zone, Inc. Children's Services Council Citizen's Budget Development Committee Code Enforcement Board Community Development Block Grant Citizen's Advisory Task Force Contractors Certification Board Cultural Affairs Council Emergency Medical Services Advisory Council Environmental Hearing Board FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 15 Fort Pierce Harbor Advisory Committee Historical Commission Housing Finance Authority Investment Committee Library Advisory Board Planning & Zoning Commission/Local Planning Agency St. Lucie County Recreation Advisory Board Tourist Development Council Treasure Coast Health Council, Inc. Treasure Coast Regional Economic District/Overall Economic Development Program Committee Vegetation Protection Committee ~./' ~ ."", AGENDA REOUEST ITEM NO. t -- 1ß DATE: June 8, 1999 REGULAR [ PUBLIC HEARING CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Administration SUBJECT: Request for Approval of Amended Agreement With Florida Department of Environmental Protection (DEP)for Stormwater Attenuation Facility Planning BACKGROUND: Since April 11, 1995, St. Lucie County has participated in the Regional Attenuation Facility Task Force planning program to determine the feasibility of constructing water preserve areas to reduce stormwater flows into the St. Lucie River and Indian River Lagoon. Specific projects were defined in a project report issued in 1996, including the Ten Mile Creek project in St. Lucie County. The DEP provided initial funding for the planning proj ect . They have now proposed an amended agreement to continue funding of work on the Ten Mile Creek water attenuation project. This amended agreement provides continued use of approximately $58,000 by the County for partial initial design and engineering for the Ten Mile Creek project. FUNDS AVAIL.: Through Amendment No.1 to DEP Contract No. SP440 PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ~APPROVED [ ] OTHER: County Attorney: The St. Lucie County Commission established the Regional Attenuation Task Force on April 11, 1995. The Board approved Contract SP440 on April 28, 1998. It is requested that the Board approve the contract agreement Amendment No.1 for Contract SP440 with the Florida Department of Environmental Protection for partial funding for initial design and engineering of the Ten Mile Creek Water Attenuation Project and authorize the Chairman to sign the amended agreement. DENIED Coordination/Sianatures Purchasing: Other: Mgt. & Budget: Finance: Other: '-' "wtI DEP CONTRACT NO. SP440 AMENDMENT NO. 1 TillS CONTRACT as entered into on the 12th day of May, 1998, between the ST ATE OF FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION (hereinafter referred to as the "Department") and the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Contractor") is hereby amended. WHEREAS, the Contractor has experienced delays beyond its control, namely, with necessary land acquisitions and in the receipt of expected Federal funding; and, WHEREAS, the Contractor has expressed that it will be another 18-24 months before it is able to commence with the construction component of this project; and, WHEREAS, this project was previously paid in advance to the Contractor and was funded by General Appropriations Line Item No. 1239B, 1995-96; and, WHEREAS, the Department consents to the Contractor's requested time extension in light of the Contractor's unexpected delays, the previously advanced funds and the Legislative intent for the specific line item appropriation. NOW, THEREFORE, the Contract is hereby amended as follows: Paragraph 5 is hereby amended to change the completion date of the Contract from May 11, 1999 to May 11,2002. In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP Contract No. SP440, Amendment No.1, Page 1 of2 '-" ......, IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Chairman or designee* By {~p Me idj Secretary or designee Date: '5/2-- 7 /qv¡ Date: ~LL~.& 1=11.~/'J./ ~ DEP Contracts Administr tor Approved as to fonn and correctness: Approved as to fonn and legality: ~~,,~ b ~ DEP Attorney Assistant County Attorney *If someone other than the Chairman signs this Amendment, a copy of the resolution, statement, or other document authorizing that person to sign the Amendment on behalf of the County must accompany the Amendment. DEP Contract No. SP440, Amendment No.1, Page 2 of2 ~ y ITEM NO. C- g /I ~ DATE: June 8. 1999 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: () CONSENT: (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Utilities ~~~~~ Robin D. Ennis, Contracts Administrator SUBJECT: Staff requests Board approval of the extensions of Non-Exclusive Commercial Solid Waste and Recyclable Materials Service Agreement for Waste Management, Nettles Island, Ocean Resorts Co-Op, Whispering Creek Village, Road Runner Travel Resort, Country Cove Mobile Home Park, Overland Services, Inc.. Choice Sanitation, Wynne Development Corporation. Freedom Waste Removal, and Treasure Coast Refuse until September 30, 1999, and authorize Chairman to sign the Extensions. BACKGROUND: Pursuant to County Ordinance No. 93-16, waste haulers providing commercial solid waste and recyclable materials collection services must obtain a Non-Exclusive Service Agreement from the County which has been approved by the Board. FUNDS AVAILABLE: (State type & number of transactions.Q! N/A): N/A PREVIOUS ACTION: The Board of County Commissioners has granted Non-Exclusive Agreements to the aforementioned waste haulers. RECOMMENDATI9N: Board approve the extensions of Non-Exclusive Commercial Solid Waste and Recyclable Materials Service Agreement for Waste Management, Nettles Island, Ocean Resorts Co-Op, Whispering Creek Village, Road Runner Travel Resort, Country Cove Mobile Home Park. Overland Services, Inc., Choice Sanitation, Wynne Development Corporation, Freedom Waste Removal, and Treasure Coast Refuse until September 30,1999, and authorize Chairman to sign the Extensions COMMISSION ACTION: ~PROVED C1 DENIED C1 OTHER: E: ..- County Attorney: Originating Dept: Jr/. Reyiew and Aøøfovals Management and Budget: Other: Purchasing: Other: '-" y \ SAMPLE AGREEMENT "'""" EXTENSION OF NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION is made and entered into as of January 1, 1999, by and between st. Lucie County, a political subdivision of the state of Florida (the "County"), and Choice Sanitation, (the "Contractor") . WIT N E SSE T H: WHEREAS, on Janua~ 14, 1998, pursuant to st. Lucie County Ordinance No. 93-16, the County and the Contractor entered into a Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Franchise Agreement"), whereby the County selected the Contractor to provide collection services for certain solid waste and recyclable materials within all or a portion of the unincorporated area of the County and, pursuant to an interlocal agreement with the City of Fort Pierce, to provide collection services for certain recyclable materials within the City of Fort P~erce for a period ending on December 31, 1998; and WHEREAS, on October 20, 1997, the County Administrator issued the attached "Notice to Non-Exclusive Solid Waste and Recyclable Materials Contractors" in which the County clarified that Contractors operating under Non-Exclusive Franchise Agreements may deliver Solid Waste to any landfill which has been approved by the Florida Department of Environmental Protection for the disposal of Solid Waste as that term is defined in the Non-Exclusive Franchise Agreement; and WHEREAS, the County and the Contractor have agreed to extend the term of the Non:"Exclusive Franchise Agreement through and including September 30, 1999 on the same terms and conditions. -1- .... ..."", - ;<"- NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the County and Contractor mutually agree to extend the Non-Exclusive Agreement on the same terms and conditions through and including September 30, 1999. This extension shall be effective as of January 1, 1999. IN WITNESS WHEREOF, the Board of County Commissioners of st. Lucie County, Florida, has caused this Extension to be executed and delivered as of the day and year first above written. . ST. LUCIE COUNTY, FLORIDA By: Chairman Board of County Commissioners ATTEST: Clerk (SEAL) APPROVED AS TO LEGAL FORM AND CORRECTNESS By: Cc1unty Attorney -2- .""" ....", ..-1 ~_ -~.Jr-. IN WITNESS WHEREOF, Choice Sanitation has caused this Agreement to be executed and delivered as of the day and year first above written. WITNESSES:_~ CJ/Y)zdL U #¡ / ;;') , . By: t~/tæ 4~~~ Print Name: WIll CotAkkAI Title: PilES . STATE OF ~dêa, COUNTY OF & ,Ji U(}ll Ù 'ThE7-: foregoing instrume}4t", was. ~,.a k~'1~x~gl.WI dged before m~ by l I.1f) L()LlìJUiU and 'f.:)!J.nnUJ {Jk'Q~ ,as PresJ.dent and Secretary of Choice Sanifation on behalf of the corporation. T~~y ~f~ º~r~~~lly known to me or have produced f( j{!(] . ~IVJU lLfÐl(~/)jllÞs identification and did (did not) take an oath. - . . WITNESS my hand and official seal, A.D., 199. this JnQ. day of jyî.(),nQh My commission expires Jì " ;tLtCtnQonL~u No'tary Publi7U Q State of ~ (ì / I /5 I O~ , , C:\JWL\FORMS\NON-EXCL-EXT99.WPD "'""v Pf.t. N ~4~ . G/ANCONT/ERI ~ 0 COMMISSION # C ~ oJ EXPIRESJAN J5:!o~~61J OF f\.\)'- ATlANTIC90NDfD THRU BONDING CO., INC ~'--~ J -3- ~ '-" AGENDA REQUEST ITEM NO. C-8 è> DATE: June 8, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Holiday Pines Service Corporation Utility System Asset Transfer Agreement by and between St. Lucie County, Florida and Holiday Pines Service Corporation. FUNDS AVAIL. :N/A , PREVIOUS ACTION: see attached BOCC has held the necessary public hearing and approved the preliminary rates, fees and charges in addition to the Uniform Service and Extension policies necessary to effectively operate the utility system. RECOMMENDATION: Staff recommends approval of the Holiday Pines Service Corporation Utility Asset Transfer Agreement by and between St. Lucie County, Florida and Holiday Pines Service Corporation and requests that the Board authorize the Chairman to sign the Agreement, pending approval as to form a d correctness by the County Attorney COMMESSION ACTION: [,vf APPROVED [ DENIED [ ] OTHER: derson Administrator County Attorney:X ... t X j IÌ/¡'¡/¡r Oth Orlglnatlng Dep: \ \;j <'I ..7 er: Finance Director: (Check for Copy only, if applicableJ____ /"\'1 ,,_-4:; IJ <M ,':~,-/ Coordination/Sianatures , Mgt. & Budget: Purchasing Other: ~ ~ C' BOARD OF COUNTY CO^AMISSIONERS UTiliTIES & RECYCLING DEPARTMENT WilLIAM ßLAZAK DIP-EGOP- MEMORANDUM FROM: Board of County Commissioners William Blazak, Utility Director LUî& . TO: DATE: June 8, 1999 RE: Holiday Pines Service Corporation Utility System Asset Transfer Agreement Background: The Utility System Transfer Agreement defmes the terms and responsibilities of S1. Lucie County and Holiday Pines Service Corporation with regard to the transfer of the Holiday Pines Utility System to S1. Lucie County, Florida. The Agreement has been prepared and reviewed by County Staff, DUS Consultants, Bond Counsel and the Financial Advisor to S1. Lucie County. Utility Staff, Special Counsel and the Utility Consultant met with the Owner of Holiday Pines Service Corporation on May 27,1999 and the Agreement was signed. The Transfer Agreement is consistent with the terms and conditions previously stated to the Board of County Commissioners throughout the acquisition process. The agreed upon price remains at $4,800,000.00 with a contingent purchase price in future payments in the amount of $1,150,000.00. The futures payments are totally dependent on the sale of the excess capacity that exists in the system and will never exceed the $1,150,000.00 stated. The Transfer Agreement is contingent upon successful fmancing by S1. Lucie County and the Owner has requested that if successful fmancing can not be obtained by July 15, 1999 this agreement is non binding. The date set for closing is July 1, 1999. RECOMMENDATION: Staff recommends approval of the Holiday Pines Service Corporation Utility System Transfer Agreement by and between S1. Lucie County, Florida and Holiday Pines Service Corporation and requests that the Board authorize the Chairman to sign the Agreement, pending approval as to form and correctness by the County Attorney. JOHN D. ßRUHN, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4· CLIFF I3ARNES, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, Fl34982 · Phone (561) 462-1150 · FAX (561) 462-1153 '-" -."""I \.~. HOLIDAY PINES SERVICE CORP. UTILITY SYSTEM ASSET TRANSFER AGREEMENT By and Between St. Lucie County, Florida and Holiday Pines Service Corp. " Dated , 1999 '-' -."""I HOLIDAY PINES SERVICE CORP. UTILITY SYSTEM ASSET TRANSFER AGREEMENT TIDS AGREEMENT, is made and entered into as of this _ day of , 1999, (the "Effective Date"), by and between S1. Lucie County, a political subdivision of the State of Florida (the "County"), and Holiday Pines Service Corp., a Florida corporation, ("HPSC"). WITNESSETH: WHEREAS, HPSC owns and operates a water and wastewater utility system which provides service to portions of S1. Lucie County, Florida pursuant to a certificate of authorization granted by the Florida Public Service Commission; and WHEREAS, the County has the power and authority to provide utility service within the boundaries of the County; and , WHEREAS, the County held a public hearirlg pursuant to Section 125.3401, Florida Statutes, on the proposed purchase and sale of the HPSC water and wastewater utility assets and has made a detennination that such a purchase and sale is in the public interest; and WHEREAS, HPSC has informed the County that it will not sell its water and wastewater utility assets to the County except under threat of eminent domain, and accordingly, the County has threatened to acquire the Utility System from HPSC by exercise of the County's power of eminent domain, and this acquisition is deemed to be had in lieu of condemnation. NOW, THEREFORE, in consideration of the mutual promises, covenants, representations and agreements contained herein, and other good and valuable consideration 2 ~ ...I exchanged between the parties, the parties to this Agreement do undertake, promise and agree for themselves, their permitted successors and assigns as follows: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Agreement, the following terms shall have the meanings as defined herein unless the context requires otherwise: "Agreement" means this Holiday Pines Service Corp. Water and Wastewater Utility System Asset Transfer Agreement, including any amendments and supplements hereto executed and delivered in accordance with the terms hereof. "Commission" means the County Commission of St. Lucie County, Florida. "Easements" means all existing rights, privileges, easements, licenses, prescriptive rights, rights-of-ways, and other rights to use public and private roads, highways, streets, railroads and other areas owned or used by HPSC in- connection with the construction, , reconstruction, installation, expansion, maintenance alJ.d operation of its water and wastewater utility system or the Purchased Assets. "Equivalent Residential Connection" or "ERC" means for water, a customer with an average water consumption equivalent to a single family residential customer utilizing an average of two hundred fifty gallons per day (250 gpd); and for wastewater, a customer with an average wastewater usage equivalent to a single family residential customer creating an average of eight percent (80%) of two hundred fifty gallons per day (250 gpd), in accordance with the County's current utility extension policy. "Excluded Assets" means those assets, business properties, rights, obligations or liabilities, both tangible and intangible, of HPSC, including all bank accounts, income tax escrow 3 '-" ...., accounts and such other assets described in Appendix A hereto, which shall not be and are not to be sold, conveyed, or transferred to or assumed by the County pursuant to this Agreement. "HPSC" means the Holiday Pines Service Corp., a Florida corporation, and its successors and assigns. "Purchased Assets" means all of the water and wastewater utility assets owned by HPSC, less the Excluded Assets, plus those certain parcels of land set forth in Appendix C titled in the name of Holiday Pines, Inc. "Permitted Exceptions" means those title exceptions described in Appendix B hereto. "Territory" means that geographical land area set forth in HPSC's Public Service Commission certificated service area. "County" means St. Lucie County, Florida. "Transaction Costs" means the costs, fees and expenses incurred by the County in - - connection with the Agreement and the issuance of, bonds or the use of any other financing , alternative contemplated in Section 4.03 hereof, including but not limited to (A) rating agency and other financing fees; (B) the fees and disbursements of bond counsel; (C) the fees and disbursements of the County's financial advisor; (D) the fees and disbursements of the County's consulting engineers; (E) the fees and disbursements of the County's water and wastewater counsel and consultants; (F) the costs of preparing or printing the bonds and the documentation supporting issuance of the bonds; (G) the fees payable in respect of any municipal bond insurance policy if one is obtained; (H) the fees payable in respect to any instruments required to meet the County's bond reserve fund requirements; (I) the fees and costs to prepare an Official Statement for the issuance of bonds if one is obtained; and (I) any other costs of a similar nature 4 '-" ....¡ incurred in connection with issuance of the bonds. Any transaction costs in addition to these sums shall be borne by the County, including any additional cost not specifically set forth herein. "Utility System" means the water supply, treatment, transmission and distribution system and the wastewater treatment, disposal, collection and force main system of HPSC which provides services pursuant to all certificate(s) of authorization granted to HPSC by the Florida Public Service Commission. SECTION 1.02. CONSTRUCTION AND INTERPRETATION. (A) Words that indicate a·singular number shall include the plural in each case and vice versa, and words that import a person shall include firms and corporations. (B) The terms "herein," "hereunder," "hereby," "hereof," and any similar terms, shall refer to this Agreement; the term "heretofore" shall mean before the date of execution of this Agreement; and the term "hereafter" shall mean on or afte! the init~al date of execution of this Agreement. " (C) Words that reference only one gender shall include all genders. (D) This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of anyone of the parties hereto. SECTION 1.03. INCORPORATION. The appendices hereto and each of the documents referred to therein are incorporated and made a part hereof in their entirety by reference. SECTION 1.04. SECTION BEADINGS. Any headings preceding the texts of the several Articles, Sections or Appendices in this Agreement and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall neither constitute a part of this Agreement nor affect its meaning, construction or effect. 5 '....... "wi ,..".' ARTICLE IT REPRESENTATIONS SECTION 2.01. REPRESENTATIONS OF THE COUNTY. The County makes the following representations, which shall survive closing: (A) The County is duly organized and validly existing as a County under the laws of the State of Florida. (B) The County has all of the requisite power and authority to enter into this Agreement, perform its obligations under this Agreement and complete the transactions contemplated by this Agreement. (C) The County has fulfilled and complied with all of the legal requirements applicable to the transactions contemplated by this Agreement, including without limitation the provisions of Section 125.3401, Florida Statutes, relative to the purchase ofa water and wastewater utility by a County. The execution and delivery of the Agreement by the Countÿ, the County's performance , of its obligations under the Agreement, and the completion of the transactions contemplated under the Agreement do not violate any applicable laws, or other legal restrictions or agreements. All necessary action on the part of the County to authorize the execution and delivery of the Agreement, the County's performance of its obligations under the Agreement and completion of the transactions contemplated under the Agreement have been taken. (D) To the best of its knowledge and belief after due inquiry, the County is not in default under any provisions of the laws of the State of Florida material to the performance of its obligations under this Agreement. The Commission has duly authorized the execution and delivery of this Agreement, and this Agreement constitutes a valid and legally binding obligation of the County, enforceable against the County in accordance with its terms, except to the extent 6 '-" ....,.¡ that the enforceability hereof may be limited by any applicable bankruptcy, insolvency, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion of a court of competent jurisdiction in accordance with general principles of equity. (E) There is no action, suit, investigation, or proceeding pending or, other than those matters set forth in Section 2.02(D), to the County's knowledge and belief, threatened against or affecting the County, at law or in equity or before any federal, state, municipal, or other governmental department, commission, board, bureau, agency or instrumentality, wherein any decision, ruling or fmding would adversely affect the transactions contemplated hereby or which in any way would adversely affect the validity of this Agreement or any other agreement or instrument to which the County is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby. (F) The County has not dealt with any broker, salesman or finder in connection with " the transactions contemplated herein, and no sales commissions or finder's fees are due or payable as a result hereof. HPSC and the County each agrees to indemnify and hold the other harmless against any claim or demand made by any broker or agent claiming to have dealt or consulted with them in this transaction. SECTION 2.02. REPRESENTATIONS OF HPSC. HPSC makes the following representations, which shall survive any closing: (A) HPSC is a corporation duly organized, validly existing and in good standing in the State of Florida, authorized to do business in the State, and has all of the requisite corporate power and authority to enter into and fully perform this Agreement. The Purchased Assets represent all of the assets ofHPSC used in the operation of the Utility System. 7 '-" ...., ...... (B) The Shareholder of HPSC is Thomas 1. Brown. The shareholder of HPSC has approved and authorized HPSC to enter into and consummate the transaction set forth in the Agreement. (C) All necessary corporate action on the part of HPSC relating to the direction and authorization of HPSC's execution, delivery and performance of this Agreement has been du1y taken, and this Agreement is a valid and legally binding obligation of HPSC, enforceable against HPSC, in accordance with its terms, except to the extent that the enforceability thereof may be limited by any applicable bankruptcy, insolvency, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion of a court of competent jurisdiction in accordance with the general principles of equity. (D) There is no action, suit, investigation, or proceeding pending or, to HPSC's knowledge and belief, threatened against or affecting HPSC at law or in equity or before any federal, state, municipal, or other governmental department, commission, board, bureau, agency '. or instrumentality, wherein any decision, ruling or finding wou1d adversely affect the transactions contemplated hereby or which in any way would adversely affect the validity of this Agreement or any other agreement or instrument to which HPSC is a party which is used or contemplated for use in the consummation of the transactions contemplated hereby. (E) To the best of HPSC's knowledge and belief and after due inquiry, neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated, nor compliance with the terms and provisions of this Agreement and the instruments required of HPSC under the Agreement will violate the provisions of any applicable law or any applicable order or regulation of any governmental authority having jurisdiction over HPSC and will not conflict with or result in a material breach of any terms, conditions or 8 ....,. "wi ,..,..- provisions of any agreement or instrument to which HPSC is now a party, or constitute a default thereunder. (F) HPSC has good and marketable title to the Purchased Assets and, at closing, shall have the power and authority to deliver sole and exclusive title to and possession of the Purchased Assets to the County free and clear of all encumbrances or security interests, subject only to the Permitted Exceptions. (G) HPSC has not dealt with any broker, salesman or finder in connection with the transactions contemplated herein, and no sales commissions or finders' fees are due or payable as a result hereof. HPSC and the County each agrees to indemnify and hold the other harmless against any claim or demand made by any broker or agent claiming to have dealt or consulted with them in this transaction. (H) The Real Property identified in Appendix C hereof represents all real property owned by HPSC or used in the operation of the Utility System and the Purchased Assets. '. (1) To the best ofHPSC's knowledge and belief, the Easements identified in Appendix D hereto represent all of the Easements necessary for use in connection with the maintenance and operation of the Utility System and the Purchased Assets. (1) HPSC possesses an enforceable easement interest in the Easements shown on Appendix D hereto, and none of the easement interests prohibit assignment or require the grantor's or current fee owner's consent thereto. (K) No present possessory interest in any real or personal property owned, used or controlled by HPSC has ever automatically terminated or reverted to the grantor thereof as a result of any failure to continuously use such property for water or wastewater purposes; nor is HPSC aware of any claim, whether actual or threatened, of any such reversion. 9 '-' ~ (L) Appendix E, attached hereto, is a schedule of all current or active permits, applications or other documents, together with effective dates and any expiration dates, which authorize the operation of the Utility System's water and wastewater facilities issued by all applicable governmental authorities. HPSC warrants that, except as set forth on Appendix E, all of the Utility System's facilities are legally permitted, and that all required renewals of permits have been timely and legally applied for. (M) Appendix F, attached hereto, is a schedule of all of the equipment, vehicles, tools, parts, laboratory equipment, computer equipment, software, and other personal property used by HPSC in connection with the operation of the Utility System. (N) Appendix G, attached hereto, is a schedule of all of the operating and vendor contracts of HPSC affecting the Utility System, together with any other agreements or leases affecting the Utility System, except developer agreements as set forth on Appendix H. (0) Appendix H, attached hereto, is a schedule of all executory agreements, sometimes " referred to as developer agreements, entered into by HPSC or its predecessors, and owners or developers of real property for the provision of water and wastewater utility services through the Utility System. (P) Appendix I, attached hereto, is a schedule, with respect to all executory agreements under which HPSC as the owner of the Utility System has any continuing or outstanding water or wastewater service obligations as of May 1, 1999, which shows the total number of (1) contractual connections; (2) contractual connections paid for and not yet connected; (3) contractual connections not yet paid for and not yet connected; and (4) any contractual connections for which HPSC has collected or expects to begin collecting a periodic minimum or base facility charge prior to closing. 10 ........, ...." ,.,..- (Q) From and after the Effective Date of this Agreement, HPSC will not, without the prior written consent of the County, dispose of or encumber any of the Purchased Assets, with the exception of non-material transactions occurring in the ordinary course ofHPSC's business. (R) From and after the Effective Date of this Agreement, there will be no material depletion of the Purchased Assets, nor any adverse material change in the condition of the Purchased Assets, and the Utility System and all of the Purchased Assets will be properly maintained within the custom and usage of the industry up until and through closing. (S) HPSC has not been cited nor notified, and is not, after due inquiry, aware of any violation of any governmental rule, regulation, permitting condition, or other governmental requirement of any type or nature applicable to the ownership, maintenance, construction or operation of the Utility System, nor is HPSC aware of any conditions which by reason of the passing of time or the giving of notice by the appropriate governmental agency would constitute such a violation. " (T) To the best of HPSC's knowledge and belief, the Real Property' and Easements included in the Purchased Assets are in compliance with, and HPSC has not violated, in connection with its ownership, use, maintenance, or operation of the Utility System, applicable environmental, federal, state, County, or local laws relating to pollution or protection of the environment, including but not limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, and the Resource Conservation and Recovery Act. HPSC has not authorized the placing or depositing of hazardous substances on the Real Property and Easements except, if at all, in accordance with applicable law, and HPSC has no actual knowledge of any 11 ~ -."""I ...... hazardous substance having been, or currently being, placed or deposited on said Real Property or Easements except in a lawful manner. (U) There are no facts actually mown to HPSC materially affecting the physical condition of the Utility System or Purchased Assets which are not readily observable or which have not been disclosed or provided to the County in connection with this Agreement or otherwise. County has completed its due diligence and agrees to purchase the assets in an "as is" condition. (V) HPSC is in sole and exclusive possession of the Purchased Assets and HPSC at Closing shall deliver sole and exclusive possession of the Purchased Assets to the County. (W) The infonnation provided to the County by HPSC in conjunction with the Agreement, including the Appendices to this Agreement, are true and correct and do not omit any material fact necessary to make the infonnation provided by HPSC not misleading to the County to the best ofHPSC's mowledge, with the exception of the Excluded Assets. " ARTICLE m PURCHASE AND SALE OF ASSETS SECTION 3.01. PURCHASE AND SALE COVENANT. At closing, the County shall purchase and HPSC shall sell and convey the Purchased Assets to the County upon the tenns and subj ect to the conditions set forth in this Agreement. SECTION 3.02. PURCHASED ASSETS. (A) The Purchased Assets, exclusive of the Excluded Assets, shall include those assets, business properties, and rights both tangible and intangible, that HPSC owns or uses in the operation of the Utility System, or any interest in which it has or hereafter acquires, relating thereto, including, but not limited to the following: 12 ....., ~ (1) The Real Property and interests, whether recorded in the public records or not, in real property owned, used or controlled by HPSC. (2) All water treatment plants, wells, transmission and distribution lines and mains, wastewater treatment plants, disposal facilities, collection lines and force mains, and pumping facilities of every kind and description whatsoever including without limitation, all trade fixtures, leasehold improvements, pumps, generators, controls, tanks, distribution or transmission pipes or facilities, valves, meters, service connections, and all other physical facilities and property installations used in the operation of the Utility System, together with an assignment of all existing and assignable third party warranties that relate to completed or in progress construction. (3) All equipment, owned or leased vehicles, tools, parts, laboratory equipment, and other personal property owned or used by HPSC in connection with the operation of the Utility System, as set forth more particularly in Appendix M. " (4) All Easements used by HPSC in connection with the operation of the Utility System, as set forth more particularly in Appendix D. (5) Except as noted in Appendix A, all current customer records and supplier lists, as-built surveys, record information and water, wastewater and reuse plans, plats, engineering and other drawings, designs, blueprints, plans and specifications, and operating manuals, calculations, and studies, and all other information controlled by or in the possession of HPSC that relates to the description and operation of the Utility System, inclusive of all pertinent computers, computer records and the lawful use of all computer software which is used in the operation of the Utility System for billing or customer record keeping purposes, all agencies for the supply of water; all water rights, flowage 13 '-' ~ rights and riparian rights, and all consents, grants, licenses, privileges and uses necessary to construct, maintain and operate plants and systems for the procuring, treatment, distribution, and transmissions of water to the customers of the Utility System, and the collection, transmission, treatment and disposal of wastewater from the customers of the Utility System; and all telephone numbers, post office boxes and FCC licenses. HPSC shall provide the County with the computers, software, and data used in the operation of the Utility System and will exert its best efforts to provide, or cause to be provided, all computer records within its possession and control and to cooperate with the County in the transfer of such data to the County's computer systems. (6) All necessary transferable regulatory approvals subject to all conditions, limitations or restrictions contained therein; and all existing permits and other governmental authorizations and transferable approvals of any kind necessary to operate and maintain the Utility System according to all governmental requirements. '. (B) The Purchased Assets shall be conveyed by HPSC to the County subject to the Permitted Exceptions, but otherwise free and clear of all liens or encumbrances. (C) The Purchased Assets do not and shall not include the Excluded Assets. SECTION 3.03. PURCHASE PRICE AND CONSIDERATION FOR TRANSFER. (A). The initial purchase price and consideration for the transfer shall be Four Million Eight Hundred Thousand Dollars ($4,800,000.00), subject to the terms, adjustments and prorations as provided herein, and shall be payable by wire transfer at closing. (B). The additional, contingent purchase price and consideration for the transfer shall be as follows: 14 '-' """ ....- (1) From and after the closing, and for a period of seventeen (17) years following the date of closing, the County shall make future payments ("Future Payments") for existing excess capacity in HPSC's water and wastewater plants. Said amount of existing capacity has been agreed upon by the parties as equal to four hundred (400) equivalent residential connections ("ERCs") of water capacity and four hundred (400) ERCs of wastewater capacity. (2) Within ninety (90) days after the end of each County fiscal year, the County shall provide to HPSC an accounting of all water and wastewater ERCs actually connected to the Utility System since the date of the last accounting. For each water ERC identified in the annual accounting, the County shall pay to HPSC the amount of One Thousand Five Hundred Sixty- Four Dollars ($1,564), and for each wastewater ERC identified in the annual accounting, the County shall pay to HPSC the amount of One Thousand Three Hundred Eleven Dollars ($1,311). (3) Upon delivery of the annual accounting, the County shall pay to HPSC the amount set forth in the annual accounting. The total amount of Future Payments ever to be paid by the " County to HPSC shall be up to, but shall never exceed, the maximum sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000), exclusive of the setoffs for the Credit Developer Agreements. (4) Upon expiration of the seventeen (17) year Futures Payments period, ifHPSC has not yet been paid the full Future Payments, the County shall have no further obligation to HPSC with respect to Future Payments, whether or not HPSC has received the entire One Million One Hundred Fifty Thousand Dollars ($1,150,000) in Future Payments. 15 '-" ...., ARTICLE IV CONDITIONS PRECEDENT TO CLOSING SECTION 4.01. ENGINEERING DUE DILIGENCE. The County has had the opportunity to obtain at its expense a due diligence investigation of the Utility System and the Purchased Assets. HPSC shall reasonably and timely cooperate with the County in its additional due diligence investigation up to the time of closing. The County is acquiring the Purchased Assets in "As Is" condition. SECTION 4.02. ISSUANCE OF BONDS. The County intends to fmance the Purchase Price by the issuance of Triple A rated and credit enhanced insured revenue bonds payable solely from the net revenues of the HPSC Utility System, in a principal amount to fund the payment of the Purchase Price, after adjustments and prorations as provided herein, and make payment of the Transaction Costs at closing. The County's obligation to close the transactions contemplated in this Agreement shall be and is expressly conditioned upoñ its ability to issue such bonds at an t average interest rate to maturity of five and a quarter þercent (5.25%) or less. In the event the County, in its sole discretion, determines after diligent efforts that such bonds cannot be sold on or prior to the date of closing, each of the County and HPSC shall have the option of either (1) extending the closing for a period not exceeding thirty (30) days; (2) renegotiating the Purchase Price based upon the prevailing interest rates and bond market at the time of closing; or (3) canceling this Agreement by written notice to the other party and thereupon the County and HPSC shall be released by one another of all further obligations hereunder. SECTION 4.03. OPERATIONS AND MANAGElVIENT CONTRACT. The County intends to enter into an operations and management contract with a qualified utility operations and management entity to operate and manage the utility assets acquired 16 '-'" """ pursuant to the terms of this Agreement. The County's obligation to close the transactions contemplated in this Agreement shall be and is expressly conditioned upon its ability to secure a written operations and management contract on terms acceptable to the County in its sole discretion on or before ten (10) days prior to the date of closing. In the event the County has not entered into an acceptable operations and management contract on or before ten (10) days prior to the date of closing, each of the County and HPSC shall have the right to cancel this Agreement by providing written notice to the other party, and thereupon the County and HPSC shall be released by one another of all further obligations hereunder. SECTION 4 .04 . ENVIRONMENTAL ASSESSMENT. (A) The County shall have the right to obtain an environmental assessment of the Real Property and Easements to be conveyed hereunder. The environmental assessment shall be in general accordance with the scope and limitations of the American Society for Testing and Materials Designation: E 1527-94 (Standard Practice for Environmental Site Assessments: Phase " I Environmental Site Assessment Process). Any such environmental assessment, together with a written declaration from an environmental consultant shall verify that the Real Property, Easements and other facilities to be conveyed hereunder are in compliance with all applicable state and federal environmental laws, and that the facilities, and property within one hundred (100) feet, surrounding the facilities are free of unlawful contamination and, if necessary, provide an itemized estimate of all costs associated with bringing the subject Real Property, Easements and facilities into compliance and the response cost for clean-up, removal and remediation. (B) The environmental assessment is expected to be completed by the date of closing. The receipt of an environmental assessment shall be a condition precedent to closing, unless waived in writing by the County. 17 '-" ......, \.~ - ,..,. (C) If the environmental consultant's estimate of the aggregate costs associated with bringing the subject Real Property and facilities into compliance and the response costs for clean-up, removal, and remediation are in excess of Ten Thousand Dollars ($10,000) combined, the excess of which Ten Thousand Dollars ($10,000) HPSC determines not to pay, then the County shall have the option of: (1) accepting the property as it then is; or (2) canceling this Agreement by written notice to HPSC; and thereupon the County and HPSC shall be released by one another of all further obligations hereunder. If such costs are less than or equal to Ten Thousand Dollars ($10,000), then the County may not cancel the Agreement pursuant to this condition. SECTION 4.05. SURVEY. The County intends to order a survey of some or all of the Real Property and Easements being insured by the title insurance policies hereunder. Adverse matters disclosed by such a survey may be resolved by HPSC so that such matters may be removed as an exclusion to coverage on the title insurance commitment, at HPSC's expense '. (such expense to cure must be agreed upon by the County and such agreed upon expense shall be escrowed at the time of closing as a deduction from the Purchase Price.) If HPSC elects not to resolve such adverse matters at the time of the closing, the County shall have the option of either (1) accepting the property without regard to such adverse matters, or (2) canceling this Agreement by written notice to HPSC, and thereupon the County and HPSC shall be released by one another of all further obligations hereunder. Any escrow monies agreed upon by the County and HPSC shall be deposited with the Clerk of the County in an interest bearing account, to be used to reimburse the County for all actual and verifiable costs experienced by the County in connection with removing any defects within one year of the closing date, the remainder, if any, being returned to HPSC at the end of that year and any excess costs shall be paid by HPSC when 18 '-" ......, ,..,.,.. ,..,.. finally determined by the County; provided however, that the County shall not be entitled to reimbursement for such funds or interest earned thereon, until one hundred eighty (180) days after closing hereunder. This provision shall allow HPSC six (6) months after closing to minimize costs to cure such defects with its own resources. SECTION 4.06. TITLE VERIFICATION. (A) Within ten (10) days after entering into this Agreement, the County shall order a commitment for an ALTA form owner's title insurance policy. Time permitting, the title insurance commitment shall be delivered to the County, with a copy to HPSC not less than fifteen (15) days prior to the closing as provided for in Section 5.09(A) hereof. Subject to subsection (E) of this section, any encumbrances or defects in title must be removed from said commitment prior to closing and the subsequent title insurance policy issued free and clear of encumbrances, title defects, materialman's liens or other adverse matters, created or potentially created by HPSC with the exception of (1) taxes for the current year which are not yet due and " payable, (2) the Permitted Exceptions, and (3) any encumbrance of or created by the County, including any instruments evidencing debt executed by the County at closing. (B) The estate or interests to be insured by any title insurance policy shall consist of all Real Property. (C) At closing, the owner's title insurance policy shall show marketable title to the insured estate or interests vested in the County. All charges for the issuance of the owner's title insurance commitment shall be part of the Transaction Costs. (D) The County shall select a title insurer willing to issue the owner's title insurance policy in an amount determined by the County, for a premium which shall not exceed the minimum rate promulgated by the Florida Insurance Commissioner. 19 '-' ...., ,',... (E) Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. The County shall have ten (10) days from receiving the title commitment and copies of all exceptions listed to examine it. If title is found defective or the title commitment reflects title exceptions other than those shown on the schedule attached hereto as Appendix B, the County shall within the ten (10) day period from receiving the title commitment, notify HPSC in writing specifying the defects. If the defects render the title unmarketable, HPSC may pursue removing the defects, so that such matters may be removed as an exclusion to coverage on the title insurance commitment, at HPSC's expense (such expense to remove such matters must be agreed upon by the County and such agreed upon expense shall be escrowed at the time of closing as a deduction from the Purchase Price.) If HPSC is unable or elects not to resolve such adverse matters at the closing, the County shall have the option of either (1) accepting the property and the escrow funds without regard to such adverse matters, or (2) canceling this Agreement by written notice to HPSC, and thereupon the -_ County and HPSC shall be released by one another of all further obligations hereunder. Any escrow monies agreed upon by the County and HPSC shall be deposited with the Clerk of the County in an interest bearing account, to be used to reimburse the County for all actual and verifiable costs experienced by the County in connection with removing any defects within one year of the closing date, the remainder if any being returned to HPSC at the end of that year and costs in excess of the escrowed amount shall be paid by HPSC to the County when fmally determined; provided however, that the County shall not be entitled to reimbursement for such funds or interest earned thereon, until one hundred eighty (180) days after closing hereunder. This provision shall allow HPSC six (6) months after closing to minimize costs to cure such defects with its own resources. 20 - '-" '-" ,..,. (F) Within five (5) days after entering into this Agreement, the County shall order a search of the Official Records of St. Lucie County, Florida and the records of the Secretary of State for uniform commercial code financing statements evidencing a secured interest in the Purchased Assets. Such search shall be part of the Transaction Costs. Time permitting, the results of such a search shall be delivered to the County, with a copy to HPSC not less than fifteen (15) days prior to closing. Any secured interests in the Purchased Assets must be paid off, released or tenninated at HPSC's expense, or funds necessary to do so must be escrowed at the time of closing as a deduction from the Purchase Price. In the event all secured interests in the Purchased Assets are not paid off, released or tenninated at or prior to closing (or sufficient funds therefor placed in escrow), the County shall have the option of either (1) accepting the property subject to such secured interests or (2) canceling this Agreement, thereupon the County and HPSC shall be released by one another of all further obligations hereunder. SECTION 4.07. TRANSFER OF PERMITS. Within five (5) days after the execution " of this Agreement, the County and HPSC shall commence all requisite action to apply for and cause the transfer of the utility permits and governmental approvals relating to the Utility System as of the date of closing, including cancellation of the Florida Public Service Commission certificates, and including operation of the Utility System, but not limited to the procedures referenced in Rule 62-4.120, Florida Administrative Code, 40 C.F.R. § 122.63(d) (1980) and 47 C.F.R. § 73 (1980). The County shall use all reasonable efforts to obtain the transfer of such permits and approvals. HPSC shall timely cooperate and provide all reasonably necessary assistance in this endeavor. Upon transfer, the County shall assume all obligations under the permits and governmental approvals necessary for the continued operation of the Utility System. 21 - - '-" ....." ARTICLE V CLOSING PROCEDURES SECTION 5.01. CLOSING DATE AND PLACE. It is anticipated that the transactions contemplated by this Agreement will be closed on a mutually agreed upon date on or before July 15, 1999, or else the Agreement will be terminated. The date and time for cl,?sing. shall be as rec~mmended by tþ~ Bond Underwriters for the . . . ~- ..- '-'. .',". ; "' . County. The date may"be eiténded bi th€(paÎties-for à1'~ri~lÒf~p-to~: (30) days upon the - . .- .... _. ..... .-, .'.' mutual written agreement. of $eþartles; The closing shaIlbe held at the öffices of the County, or other location designated-by the'Courity. SECTION 5.02. nOCUMENTSFOR THE CLOSING. (A) HPSC shall furnish at closing a certificate reaffirming HPSC's representations and warranties hereunder; and HPSC shall furnish a non-foreign affidavit, a no-lien affidavit, a "gap" affidavit, a corporate incumbency certificate, a corp~rate goõd standing certificate ftom the State . - . . , of Florida, a corporate resolution authorizing the execution of the Agreement, the warranty deed, and the bill of sale. HPSCshall also furnish at closing ·any necessary assignments, estoppel letters, releases, satisfactions, terminations and any corrective instruments as well as enter into a transfer and assignment agreement, as well as provide the certificates of title to all owned vehicles transferred to the County. HPSC shall also cause to be furnished at closing a non-foreign affidavit, a no-lien affidavit, a "gap" affidavit, and a warranty deed with respect to those certain parcels of real estate set forth in Appendix C and titled in the name of Holiday Pines, Inc. (B) The County shall furnish at closing the closing statement, a certificate reaffirming the County's representations and warranties. 22 '-" """"'" (C) From time to time after closing, each party hereto shall, upon request of the other, execute, acknowledge and deliver, or shall cause to be executed, acknowledged and delivered, all such further acts, deeds, assignments, transfers or other documentation for (1) confirming or correcting title in the name of the County or perfecting undisputed possession by the County of any or all of the Purchased Assets, including the establishment of record of utility easements for all water and wastewater utility facilities which are a part of the Utility System, or (2) otherwise fulfilling the obligations of the parties hereunder. SECTION 5.03. RECORDING FEES AND DOCUMENTARY TAXES. (A) Recording fees to record the deed and any other instruments necessary to deliver marketable title to the County shall be part of the Transaction Costs. (B) The Purchased Assets are being purchased by the County for public purposes in lieu of eminent domain and therefore this transaction should be immune from documentary stamp tax, in accordance with the ruling in Department of Rrvenue v. Orange County, 620 So. 2d 991 . (pIa 1993). If, however, this transaction is subsequently deemed taxable, the County and HPSC shall divide equally the cost of the documentary stamps to be affixed to any deed or other instruments of conveyance. The purchase price and consideration being given by the County hereunder constitutes the total consideration to be paid or given by the County in connection with the acquisition of the Purchased Assets and any consequences or impacts incurred by HPSC in connection therewith, including, without limitation, any severance damages, loss of business damages or impacts or costs or taxes to HPSC or any person or entity affiliated with HPSC. SECTION 5.04. PROPERTY TAXES. HPSC shall be required to escrow with the St. Lucie County Tax Collector prorated taxes on the Real Property in accordance with section 196.295, Florida Statutes. 23 '-' ....." SECTION 5.05. ACCOUNTS RECEIVABLE AND CUSTOMER DEPOSITS. (A) HPSC shall furnish to the County, at least ten (10) days prior to closing, a listing of its accounts receivable and customer deposits, by customer and individual amount and estimated unbilled revenue through the date of closing. HPSC shall assign to the County at closing the accounts receivable and all rights of collection therefor, together with the liabilities of customer deposits, in accordance with the following terms. At the closing, the County shall reimburse HPSC for the excess of the sum of outstanding accounts receivable over customer deposits at the time of closing that are not more than sixty (60) days in arrears plus 98% of all unbilled revenue for water and sewer services through the date of closing over the total amount of customer deposits including interest thereon. Should the total customer deposits including interest exceed the sum of outstanding accounts receivable and unbilled revenue, then HPSC shall reimburse the County at closing for any excess amount. Unbilled revenues shall be based upon the actual billings for the month of April and shall be prorated through the date of closing based on the " number of days that have elapsed since the last billing period. All amounts received by HPSC through the date of closing for outstanding accounts receivable which were collected by HPSC subsequent to the date HPSC provided the County with the list of outstanding accounts receivable, shall be credited to the County at the closing. After the closing, HPSC shall endorse checks received for outstanding accounts receivable and post-closing billings which are payable to HPSC in favor of the County and promptly deliver such checks to the County. After closing, HPSC authorizes the County to endorse or deposit checks received and payable to HPSC with respect to water and wastewater service rendered to the utility's customers. 24 .'-" '-..."I SECTION 5.06. CONNECTION CHARGES. (A) Sums collected by HPSC in the ordinary course of business for connection charges, including capacity and deferred standby fees for which service has been actually furnished through physical connection to the Utility System prior to the closing date, shall remain HPSC's sole and separate property with no claim of the County. (B) All sums collected from and after the date of closing relative to the use of, or connection to, the Utility System shall be paid to the County, with no claim of HPSC therefor. (C) From and after the Effective Date, HPSC shall not enter into any agreement, without prior written consent of the County, which would obligate the County to provide service upon closing to any customer who is not physically connected to the Utility System prior to closing. The County shall not unreasonably withhold its consent provided such agreement does not provide for payment of any charges, rates or fees, other than refundable inspection or application fees, prior to physical connection to the Utility System. " SECTION 5.07. PROFESSIONAL FEES; COSTS. (A) Each party shall be responsible for securing its own counsel for representation relative to the negotiation of this Agreement, and all other matters associated with performance, cancellation or closing hereunder; unless otherwise specified herein, and each party shall be responsible for the payment of the fees of its own attorneys, bankers, engineers, accountants, and other professional advisors or consultants in connection therewith. (B) In any litigation arising out of this Agreement, each side in such litigation shall bear its own attorney's fees and costs. (C) The County shall be responsible for all Transaction Costs. 25 '-" -."""I SECTION 5.08. RISK OF LOSS. At all times prior to and through the day of closing, HPSC shall maintain adequate fire and extended insurance coverage for the cost of any repairs to the Purchased Assets that may be required by casualty damage. The risk of loss during the said period of time shall fall upon HPSC. The risk of loss shall pass to the County at closing. SECTION 5.09. PROCEEDS OF SALE; CLOSING PROCEDURE. (A) In order to secure title insurance coverage against the existence of adverse matters recorded during the period of time between the effective date of the title insurance commitment and the date of recording of the documents creating the estate to be insured, HPSC and the County agree that the closing agent for the closing may also be the title insurer, or the title insurer's agent, selected by the County to issue the owner's title insurance policy insuring the Real Property. (B) HPSC shall effect the transfer of the Purchased Assets to the County at the closing. The following documents shall be in final form, together with any exhibits or appendices thereto: tt (1) Statutory Warranty deeds, with warranties of title for the conveyance of all Real Property to be conveyed hereunder, including by Holiday Pines, Inc.; (2) Conveyance instruments for all Easements; (3) A transfer and assignment agreement covering all other interests in the Purchased Assets, together with a general assignment of all contracts, agreements, permits and approvals as provided for herein; (4) Bill of Sale or other documents of assignment and transfer, including vehicle certificates of title, if any, with warranties of title to all Purchased Assets; (5) A Florida Department of Revenue Form DR-219 completed in a manner satisfactory to the County for both HPSC and Holiday Pines, Inc. 26 ~ -..."",I ,...,.- ,'~ (6) Any affidavits, certificates, estoppel certificates, corrective instruments, releases, satisfactions or terminations necessary to close; and (7) The original or a certified copy of all permits, governmental authorizations and approvals. (C) The disbursement of proceeds shall be at the direction of the title insurer, or its agent (in accordance with a closing and disbursement statement executed by both parties), in order to secure coverage against adverse matters or defects in title which are recorded during the period of time between the effective date of the title insurance commitment and the date of recording of the document creating the estate or interest to be insured. (D) Within ninety (90) days after closing, upon written request by the County, HPSC shall reimburse the County or pay a prorated portion of any charge, fee or rate for services furnished to the Utility System through the date of closing for water, wastewatert, power, telephone, solid waste collection, pest control, sludge hauling or general maintenance and " reconcile any accounts receivables, customer deposits or unexpended application fees or other charges not otherwise considered or accounted for at the time of closing. Within 90 days after closing, upon written request by HPSC the County shall reimburse HPSC or pay a prorata portion of any charge, fee or rate for services furnished to the Utility System subsequent to the date of closing for water, wastewater, power, telephone, solid waste collection, pest control, sludge hauling or general maintenance and reconcile any accounts receivables, customer deposits or unexpended application fees or other charges not otherwise considered or accounted for at the time of closing. Such post-closing reimbursement and reconciliation process may be extended by either party for thirty (30) days upon written notice to the other party. 27 '-' """ ARTICLE VI GENERAL PROVISIONS SECTION 6.01. RIGHT TO ENTER. Prior to closing, the County, and its consultants and invitees shall have the right, at any reasonable time with prior notice to HPSC, to enter upon HPSC's property to inspect the Utility System and the Purchased Assets, to familiarize itself with day-to-day operations, to review the operational practices of HPSC, and to ensure compliance with any and all federal, state and local regulatory requirements. SECTION 6.02. CONDUCT BETWEEN EXECUTION AND CLOSING. (A) Upon the execution of this Agreement, HPSC shall continue to provide water and wastewater service to its current customers in the ordinary and usual manner. (B) HPSC shall prudently maintain the Utility System to ensure its proper operation through closing. SECTION 6.03. TIME. Time periods specified- in this -Agreement shall expIre at midnight on the date stated unless the parties agree ï'rt writing to a different date or time. Any time period provided for herein which ends on Saturday, Sunday or a legal holiday shall extend to midnight on the next business day. SECTION 6.04. APPLICABLE LAW; JURISDICTION AND VENUE. (A) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (B) The parties to this Agreement expressly consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the State of Florida, whether state, local or federal, and further agree that all federal, state and local venue shall lie in St. Lucie County, Florida. 28 '-' '-' SECTION 6.05. FAILURE OF PERFORMANCE. (A) A breach of this Agreement shall mean a material failure to comply with any of the provisions of this Agreement. If any party breaches any obligation herein, then, upon receipt of written notice by the non-breaching party, the breaching party shall proceed diligently and in good faith to take all reasonable actions to cure such breach and shall continue to do so until such breach is cured. (B) Unless otherwise provided herein, the parties to this Agreement may proceed at law or in equity to enforce their rights under this Agreement. SECTION 6.06. NOTICE. (A) All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, facsimile transmitted (with proof of receipt and a hard copy to follow by mail) or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: To County: '. Daniel S. McIntyre, Esq. County Attorney S1. Lucie County, Florida 2300 Virginia Avenue 3rd Floor Administrative Complex F1. Pierce, FL 34982 with a copy to: Greenberg Traurig, P .A. 777 South Flagler Drive, Suite 300 E West Palm Beach, Florida 33401 Attn: Phillip C. Gildan, Esquire Fax: 561-655-6222 Phone: 561-650-7967 29 '-" 'wi \"1--- ,".,.. To HPSC: Thomas J. Brown, President Holiday Pines Service Corp. 6105 Memorial Highway, Suite C Tampa, FL 33615-4557 (B) Any written notice given to one person in subsection (A) of this section shall also be copied and provided to all other persons identified in subsection (A). (C) The parties may, by notice in writing given to the others, designate any future or different addresses to which the subsequent notices, certificates or other communications shall be sent. Any notice shall be deemed given on the date such notice is delivered by hand or by facsimile transmission or five (5) days after the date mailed (certified mail, return receipt requested). SECTION 6.07. ASSIGNMENT. Except as expressly provided for herein, neither HPSC nor the County shall have the power or authority to assign this Agreement or any of their rights, duties or obligations hereunder to a third party, and this Agreement shall be construed'as solely for the benefit of the County and HPSC and their successors by law, and no claim or cause of action shall accrue to or for the benefit of any other party by reason hereof. SECTION 6.08. AMENDMENTS AND WAIVERS. No amendment, supplement, modification or waiver of this Agreement shall be binding unless executed in writing by both parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, whether or not similar, unless otherwise expressly provided. SECTION 6.09. ENTIRE AGREEMENT. This Agreement is the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, 30 ~ -."""I ,..,.. APPENDIX A EXCLUDED ASSETS > All Bank Accounts >All Prepaids > All office furniture and equipment, including computer hardware and sofuvare. " MAY-ZO-¡¡ J ¡ :Ci FrQ.:~REENSfP~ TRAURI~ mmsm T-711 P ,0/,4 JOb-52, ~ ....., APPENDIX B . PERMITTED EXCEPTIONS (A) Any parcel or interest not the subject of a survey dated 30 days or less prior to clOSlr1g. may b~ subject to standard exceptions of title ir.supnce coverage ccncernirlg easements or claims of easements no! shown by the pub!ic records, encro......1l1'1.¡)nts, overlays. boundary line disputes, or any ether adverse mattèr which wûüJd be disciosed by an a.ccura!~ :!u:"'V:;y. (B) Any adverse o\Wership claim by the State of Florida by right of sovereignty to any penion oÎthe propeny, including submerged~ filled and artificially exposed lands a."ld lands accreted to such lands. (C) A."lY law, ordinance or governmental reiUlation. including. ...\'it~ut limit:.tion, bu:dI'nn res·rict;ons and ZI)T'liT'l(J 1"1"0",bf1n~~ ,,_o.tl'\+-...... ..,r Þ."_",,,"A_ ~"^_.~.J l..uV 'Or.-y· 4 .: U...4 ·-..-...c --Q-._......._ ....... ..,.toV¿V4.W \J'.L .J"'..'-~.'-... Gw.vjJIt..f;U J ~ municipal or ot..~~r public s\1Ù1ority. (0) Ally a."ld aIJ assessments becoming liens subsequont to the date of closing, and in addinon, \f at the date of closing the property or any part thereof shall be or 3MB have; been affected by any assessment or assessments which are payable in installments or may be paid in installment~ "";thO\1t penalty, St. Lucie CÄumy shall pay all such installments which shall become due and payable and which may be paid without penalty after the date of closing, except any installment relating to the 1998 calendar year. (E) Taxes for \ 999 and subsequent years. " ~ ......, ,.."... APPENDIX C REAL PROPERTY 51. Lucie County Tax I.D. Numbers: 1313-142-0001-000/8 1407 -232-0001-000/2 1313-142-0002-000/5 1407 -223-0001-000/4 1313-502-0001-010/5 1312-801-0004-000/8 Full legal descriptions are on the Notices of Ad Valorem Tax Assessments, copies of which are attached. " '\ f·":4~""I~.r..i:t.~ 17.41 1 241 . 12 I 135.96 .34 4.98 I 19.70 5.39 ¡ 15.42 I 120.89 2.34 10.55 34.58 99.50 316.21 16.42 7.48 12.44 1 .33 15.57 14.13 4.98 096.74 - l.P\.!ASÎ ¡PAY ONL 1~ SHOWN I YEU...O¥I SHACEt AREA "-" ....., orOl I~I49 0128010 DOROTHY J. CONRAD 31. LUCIE CC1UNTY TAX COLLECTOR 1998 REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON·AD VALOREM ASSESSMENTS ~ 0,...·,,·, uU::" ~1313-142-0001-000/8 R 49,750 o 49,750 0115149 02 AT 0.484 "AUTO HO 0 08ô5 33609- 2 I. .11.tlll..II. .11...1.1'1111. 111111. 11..11...1.. .1. I, I, I. 1..1 HOLIDAY PINES SERVICE CORP 4427 W KENNEDY 8LVD STE 375 TAMPA FL 33609-2060 13 34S 39E 13 34 39 FROM NW COR OF SE 1/4 OF NE 1/4 RUN S ALG W LI OF SO 3E 1/4 OF NE 1/4 30 FT TO POB,TH CONT S 435.12 FT~TH ELY 279.87 FT M/L,TH NLY 430.12 FT,TH WLY CONTINUED ON TAX ROLL j'.~:m["f.o\t 11:'.1 :11.' n¡..,OiJ:.~~i.'¡':'I.~ a".:/·!:!' :::&'I·'I.I~ ,CD01 ST LUCIE CO STORM WTR MGT .3500 !FF02 ,LAW ENF,JAIL,JUDICIAL SYS 4.8466 ¡GF01 CO GENERAL REVENUE FUND 2.7328 iEC17 EROSION DISTRICT C .0068 EE19 EROSION DISTRICT E .1000 3F02 ST LUCIE CO COMM DEV MSTU .3959 GF03 LAW ENFORCEMENT MSTU .1084 GS64 CHILDRENS SERVICE COUNCIL .3100 - IFD21 ST LUCIE CO FIRE DISTRICT 2.4300 FI40 FL INLAND NAVIGATION DIST .0470 MC14 MOSOUITO CONTROL .21~1 SD09 SCHOOL DISCRETIONARY .6950 SN39 SCHOOL NON-VOTED CAP IMP 2.0000 SR08 SCHOOL REO LOCAL EFFORT 6.3560 SV10 SCHOOL VOTED CAPITAL IMP .3300 18834 BEACH BOND . 1504 ¡ES01 ENVIRO SIGNIF LAND BOND .2500 'PA 14 PORT PROPERTY BOND 1&S .0268 WB11 S FL WTR MGMT OKEE BASIN .3130 D12 S FL WTR MGMT DISTRICT .2840 A!MIOIUINIT NON-AD VALOREM ASSESSMENTS $.00 COMBINED TAXES AND ASSESSMENTS . I ./ - - - - --- ~ - - - - - - == - ;;¡;;;;;;;;;; - - == ;;;;;;;;;¡;; ~ RETAIN THIS POfmO~ lOR YOUR RECORÞ "- - - - - - -- -- - -- -- -- - - - - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - - - - -- ~ '-II ..~'7 .rOI '51(9 012!!OO7 DOROTHY J. CONRAD 8T LUCIE COUNTY TAX COLLECTOR 1998 REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS . '" I \"1407-232-0001-000/2 R 0115149 02 AT 0.484 "AUTO HO 0 0865 33609· 2 I" II. ..11..11..11'1.1.1 '1111.1 II. ...11,,111 111...1.1.1.1.1..1 HOLIDAY PINES SERVICE CORP 4427 W KENNEDY BLVD STE 375 TAMPA FL 33609-2060 07 34S 40E 7 34 40/13 34 39 BEG AT INT OF ELY R/W KINGS HWY (SR713) & N~Y R/W LI OF INDIAN PINES BV,TH RUN N 45 DEG 44 MIN 28 SEC E ALG SD ELY R/W LI KINGS HWY 500.25 CONTINUED ON TAX ROLL _!,..;m:r1f'llu:¡I!:II'; "1I'.'~~¡~iJ(I;')IU] ;a'..:f·1:II::a'I·'.II~ ¡CD01 ST L'JCIE CO STORM WTR MGT .3500 iFF02 'LAW ENF, JAIL, JUDICIAL SYS 4.8466 IGF01 CO GENERAL REVENUE FUND 2.7328 IEC17 EROSION DISTRICT C .0068 EE19 EROSION DISTRICT E .1000 GF02 ST LUCIE CO COMM DEV MSTU .3959 !GF03 LAW ENFORCEMENT MSTU .1084 CS64 CHILDRENS SERVICE COUNCIL .3100 FD21 ST LUCIE CO FIRE DISTRICT 2.4300 ¡FI40 FL INLAND NAVIGATION DIST .04~ ¡MC14 MOSQUITO CONTROL· .2121 ISD09 SCHOOL DISCRETIONARY .8950 SN39 SCHOOL NON-VOTED CAP IMP 2.0000 ¡SR08 SCHOOL REQ LOCAL EFFORT 6.3560 ',SV10 SCHOOL VOTED CAPITAL IMP .3300 SI33 SP IMP SER DIST 9 HOL PN .2241 IBB34 BEACH BOND .1504 .ES01 ENVIRO SIGNIF LAND BOND .2500 !PA14 PORT PROPERTY BOND I&S .0288 IWMGT S FL WTR MGMT DISTRICT .8970 ; " 11':.~~1~1H:I.-" 10.49 I 145.20 81 :~6 I 3.00 11 .86 3.25 9.29 72.80 1 .41 6.35 20.82 59.92 190.43 9.89 6.71 4.51 7.49 .80 20.89 "--- TOTAL MILLAGE 22.2689 AD VALOREM TAXES $667.18 , " r ~ > ~ , -'~, -,. '*'.., ~. ~ . - _ . A1M[OIUINIT· . ~ .:t"·,1I ~!CW:'H I ml] :1..·, I NON-AD VALOREM ASSESSMENTS $.00 - - - --- - --- - - - - - - - - --- ~ I RETAIN THIS PORTION 'OR YOUR RECORDS 1.PUAS! IPA6:"Y ,AMOUNT SHOWN IN YElLOW SHADED AREA COMBINED TAXES AND ASSESSMEHTS ~JK)V. 3Q IPaiCI!Iv.OEe 31:.- ';:;.'::='MO:49-~.-··' 647.1.', $667.18 'AY ONLY See revtH'H _Ide for -------------------------------------------------- "-" ...., .'0115149 OTZ8Q09 DOROTHYJ.CONRAD ST. LUCIE COUNTY TAX COLLECTOR 1998 REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS (1313-142-0002-000'5 R 27,950 o 27,950 0002 ) 0115149 82 AT 0.484 . 'AuTO HO ~ 0865 33609- 2 111111111111111111",11111111111111,11111111111,111,1,111,1III HOLIDAY PINES SERVICE CORP 4427 W KENNEDY BLVD STE 375 TAMPA FL 33609-2060 13 34S 39E 13 34 39 THAT PART OF SE 1/4 OF NE 1í4 AS DESC IN OR 299-231 (2.80 AC) (OR 619-2412) ,. '-':41, tr-t'.m I ::'1 :11" '. ,..~~~:'f(ì ~r.J1 ~i1..I):II'] :II'. ':f>l:I::&'J·I'J~ ICD01 ST LUCIE CO STORM WTR MGT .3500 iFF02'LAW ENF,JAIL,JUDICIAL SYS 4.8466 ¡GFC1 CO GENERAL REVENUE FUND 2.7328 IEC17 EROSION DISTRICT C .0068 EE19 EROSION DISTRICT E .1000 GF02 ST LUCIE CO COMM DEV MSTU .3959 !GF03 LAW ENFORCEMENT MSTU .1084 iCS64 CHILDRENS SERVICE COUNCIL .3100 iFD21 ST LUCIE CO FIRE DISTRICT 2.43~QO IFI40 FL INLAND NAVIGATION DIST .04 0 '¡MC14 MOSQUITO CONTROL .21 1 SD09 SCHOOL DISCRETIONARY .6950 SN39 SCHOOL NON-VOTED CAP IMP 2.0000 SR08 SCHOOL REO LOCAL EFFORT 6.3560 SV10 SCHOOL VOTED CAPITAL IMP .3300 BB34 BEACH BOND .1504 ES01 ENVIRO SIGNIF LAND BOND .2500 PA14 PORT PROPERTY BOND I&S .0268 WB11 S FL WTR MGMT OKEE BASIN .3130 WD12 S FL WTR MGMT DISTRICT .2840 t":;~"II:l'jl=l~ 9.78 I 135.46 I 76.38 ¡ . 19 i 2.80 I 11.07 3.03 i 8.66 I 67.92 I 1 .31 I 5.93 19.43 55.90 177.65 9.22 4.20 6.99 .75 8.75 7.94 2.80 $616 _ 16 ',.. . ,ic ¥ . A'MI01UINIT NON-AD VALOREM ASSESSMENTS $.00 . I - - - - =-- =-- =-- - - - :::: - - - ~ =-- =-- =-- =-- ~ RETAIN I THIS I PORnON flOR YOUR AICORDS ì~ \ PAY ONLY ONE . AMOUNT SHOWN IN YULOW SHADiD AREA COMBINED TAXES AND ASSESSMENTS $616.16 Ifhl6-t1 ~$~~!f£a«I"; ...: ',T"~ _.~-,. .~. __:êi:J'«C::·· flAY ONLY s.. reverse sid. for AMOUNT OtIE AMOUNT ImpOñant Information. DUE .: '.~31'<7,~ ;-~, ~f PAID . .. ,~,_ ~.",..' 1/1": i .. '~,'H- ~ BY _I-r~ ...It....' .. 11· --------------------------------------------------- to' I. .]ó ....... .-...,1 ,I1',J115t..Cf 012~ DOROTHY J. CONRAD Si LUCIE (~aUNTY T A.X COLLECTOR 1998 REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS R 0115149 02 AT 0.484 "AUTO HO 0 0865 33609- 2 1111111111111111111111111111111111111111111.1111111.1111111,11 HOLIDAY PINES SERVICE CORP 4427 W KENNEDY BLVD STE 375 TAMPA FL 33609-2060 07 34S 40E 07 34 40 FROM INT OF N LI OF INDIAN PINES BV & ELY LI OF KINGS HWY (SR713) RUN NELY ALG SO E LI 500.25 FT TO POB,TH CONT ALG SO E LI 512.52 FT,TH S 44 CONTINUED ON TAX ROLL . . ¡CD01 ST LUCIE CO STORM WTR MGT iFF02 ·LAW ENF, JAIL, JUDICIAL SYS iGF01 CO GENERAL REVENUE FUND !EC17 EROSION DISTRICT C IEE19 EROSION DISTRICT E !GF02 ST LUCIE CO COMM DEV MSTU ~GF03 LAW ENFORCEM¿NT MSTU ;CS64 CHILDRENS SERVICE COUNCIL ~D21 ST LUCIE CO FIRE DISTRICT FI40 FL INLAND NAVIGATION DIST IMC14 MOSQUITO CONTROL SD09 SCHOOL DISCRETIONARY SN39 SCHOOL NON-VOTED CAP IMP ¡SR08 SCHOOL REQ ~OCAL EFFORT ¡SV10 SCHOOL VOTëD CAPITAL IMP ISI33 SP IMP SER DIST 9 HaL PN IBB34 BEACH BOND ES01 ENVIRO SIGNIF LAND BOND PA14 PORT PROPERTY BOND 1&5 WMGT 5 FL WTR MGMT DISTRICT TOTAL MILlAGE 5.35 74.06 41 .76 .10 1 .53 6.05 1 .66 4.74 37.13 .72 3.24 10.62 30.56 97.12 5.04 3.42 2.30 3.82 .41 10.65 5340.28 ." . . : .3500 4.8466 2.7328 .0068 . 1 000 .3959 . 1 084 .3100 2.4300 .0410 .21¿1 .6950 2.0000 6.3560 .3300 .2241 .1504 .2500 .0268 .6970 22.2689 AD VAl..OREM TAXES #" >;. , . Ii... . . . . .. NOH·AD VALOREM ASSESSMENTS $.00 COMBINED TAXES AND ASSESSMENTS - - - - ~ ~ ¡¡¡¡¡¡¡¡;¡;; - - - - - - - = - - = - - RETAIN THIS POR'11ON POR YOUA AECOACS 'Pl.EASf PAY ONlY ONE AMOUNT SHOWN IN vaLOW StW)ED ARIA AMOUNT DUE ",~. ~ If :0 ----------------------------------------------------- ~ "-" ,."... A;0115143 J1Z8OJO DOAOTHYJ.CONAAD ST LUCIE COUNTY TAX COLLECTOR 1998 REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON·AD VALOREM ASSESSMENTS ;" ~ "';:. ·~·.¡s,;¡j~:J:Q;i,!lt!\I4B¡;¡ff.G.~~:¡<~~ ':1"'/: (ESC~OWCD~" ASSESSED VAWE t ,EXEMPTl9NS: J .TAXAB~ VAlUE; .IIIÛ.ÀGEÇOOE \.1313 - 502 - 000 1 - 0 10': 5 R /' :CD01 ¡::-F02 GF01 EC17 ,EE 19 GF02 íGF03 ;CS64 IFD21 FI40 IMC14 ISD09 ISN39 ¡SR08 ¡SV10 :SI33 ;8B34 !ES01 iPA14 iWMGT 3,660 o 0008 ) 3,660 0115143 01 AT 0.254 "AUTO HO 0 08&5 33609-1 1..1/...11..11..11...1.1....1.1111...11..11...1...1.1.1.1./1.1 HOLIDAY PINES 4427 W KENNEDY BLVD STE 375 TAMPA FL 33609-2060 - - - - - - - - - - = === 13 34S 39E ~~LIDAY PINES SID-PHASE 111- TRACT F (MAP 13/12S) - - - - - - - eo'" - - '\ I'" . . : . . 1 .28 17.74 10.00 .02 .37 1 .45 .40 1 . 13 8.89 .17 .78 2.54 7.32 23.26 1 .21 .82 .55 .92 .10 2.56 $81.51 ST LuCIE CO STORM WTR MGT LAW ENF,.JAIL,.JUDICIAL SYS CO GENERAL REVENUE FUND EROSION DISTRICT C EROSION DISTRICT E ST LUCIE CO COMM DEV MSTU LAW ENFORCEMENT MSTU CHILDRENS SERVICE COUNCIL ST LUCIE CO FIRE DISTRICT FL INLAND NAVIGATION DIST MOSQUITO CONTROL SCHOOL DISCRETIONARY SCHOOL NON-VOTED CAP IMP SCHOOL REO LOCAL EFFORT SCHOOL VOTED CAPITAL IMP SP IMP SER DIST 9 HOL PN BEACH BOND ENVIRO SIGNIF LAND BOND PORT PROPERTY BOND 1&8 S FL WTR MGMT DISTRICT .3500 4.8466 2.7328 .0068 .1000 .3959 .1084 .3100 2.430i> .6950 2.0000 6.3560 .3300 .2241 .1504 .2500 .0268 .6970 22.2689 AD VALOREM TAXES RETAIN THIS PORT1ON POR YOUPI R!CORCS TOTAL MILLAGE , .j¡; . ., '" . ~ . ~. ~TJo'41~[c"NIII: [.] :111., I I ! I l - .' . A1MIOIUINrT COMBINED TAXES AND ASSESSMENTS 1t~..,NOV 30 If'.ey oee 31 ~:~~.... 78.2S" . 1t.oe AMOUNT DUE ~ If PAID .~ BY - - - - - - - - -- - . - -- -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . ~ \wi ,.- AT01151.&4 Ol';~! DOROTHY J, CONRAD S T L:JCIE COUNTY T AX COLLECTOR 1998 REAL ESTATE NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS R r iCD01 iFF02 ¡GF01 IEC17 EE19 IGF02 IGF03 !CS64 iFD21 IFI40 MC14 SD09 SN39 SROS ¡SV10 !SI33 BB34 ES01 PA14 WMGT 470 o 470 TAXES DUE(5ô1)462-35ô5 0115144 01 AT 0,254 "AUTO HO 0 0865 33609-' I.. I I ... JlIII I .,11".1.1111.1.111,,"1 I ..1111.1...1.1,1.1.1..1 HOLIDAY PINES INC 4427 W KENNEDY BLVD STE 375 TAMPA FL 33609-2060 12 34S 39E HOLIDAY PINES SID-PHASE 11-8- AREA MARKE8 DETE~TION POND . . AD VALOREM TAXES . . J' .. . . t I' ~.-'-~-:'--"..._"I "'"~'.š-"". 'I:U~ = ~~ - - ~ ~ - - - - = - - = = - = ~ ~ RETAJN THIS PORTO FOR VOUA RECOAC: ì -PlEASI ¡PAY om. 1~N1 ISHOWN I ~= AREA $.00 See reverse lid. for AMOUN Impo.-tant InfonMtlon. CUE ~.~' . "'·3.1.- ~~::...: - .~:; j.:::'.:~~:- I' PAl( _ .... .. ""J"-'~ ... ~ 'i<:'-~"" .-...........=-I! ~ Y ":_ ,,,-:.~,;-~~ O.4é:;' :~~::''''".r >' . t~'-..: "'III 8 ST LUCIE CO STORM WTR MGT LAW ENF,JAIL,JUDICIAL SYS CO GENERAL REVENUE FUND EROSION DISTRICT C EROSION DISTRICT E ST LUCIE CO COMM DEV MSTU LAW ENFORCEMENT MSTU CHILDRENS SERVICE COUNCIL ST LUCIE CO FIRE DISTRICT FL INLAND NAVIGATION DIST MOSQUITO CONTROL SCHOOL DISCRETIONARY SCHOOL NON-VOTED CAP IMP SCHOOL REQ LOCAL EFFORT SCHOOL VOTED CAPITAL IMP SP IMP SER DIST 9 HOL PN BEACH BOND ENVIRO SIGNIF LAND BOND PORT PROPERTY BOND I&S S FL WTR MGMT DISTRICT .3500 4.8466 2.7328 .0068 .1000 .3959 - .1084 .3100 2.43C¥0 .0470 . 21~1 .6950 2.0000 6.3560 .3300 .2241 .1504 .2500 .0268 .6970 .16 2.28 1 .28 .00 .05 .19 .05 .15 1. 14 .02 .10 .33 .94 2.99 .1 a . 1 1 .07 .12 .01 .33 ~ . A~M[OIUIN'T NON-AD VALOREM ASSESSMENTS I $10.48 ~~T COMBINED TAXES AND ASSESSMENTS If PIid 8, NOV 30 If Pus By Dec 31 .; ......:; _-: 10.06 10.17 --------------------------------------------------- 'j. ...... ....., APPENDIX 0 EASENlENTS Utility Easement and Parcel Location Map Utility easements and parcel locations in which HPSC has an interest have been identified including description of the type of use, the parcel identification number and the O.R. Book and Page or Plat Book and page granting the easement as well as the limits of the four HPSC Plats have all been provided on this Map and presented to the County by the Engineer of Record: Culpeper & Terpenin~ Inc. 2980 South 25th Street Ft. Pierce, FL 34979-3360 . . ~ ...., APPENDIX E WATER & SEWER PERMITS Previously provided , '-' \".,1 APPENDIX F Schedules of all equipment used by Holiday Pines Service Corporation in connection with the operation of the Utility System, both Water & Sewer have been retrived from the 1998 Annual Report: Water Systems - Pages W -7 through W-9 Sewer Systems - Pages S-6 through S-8 , -- 'wi' HOlIday Pines Service Corporation -Sañië--------------'--.~-- -. ---.---- WA TER TREATMENT PLANT INFORMA TJON Type of treatment (reverse osmosis, etc.): .f3.eve(s_~ .~s~O~¡S_ Methods used (sedimentation, chemical, aerated, etc.): Chemical-- - --_.._--------~. -- Unit rating (GPM): LIME TREA TMENT Manufacturer -~-------,---- -~- Type and area: FIL TRA TION Pressure - Square Feet: .-.--- Gravity - GPM/Square Feet: DIAMETER MAINS MAINS TYPE OF PIPE OF BEGINNING END (Galvanized, Cast PIPE OF YEAR OF YEAR Iron, PVC, Etc.) (in inches) (in feet) ADDITIONS RETIREMENTS (in feet) Pile 2" 2,350 2.350 PVC 3" 1,800 -------Taöo --pve 4" 20.226 ------- -- - --- '-2Ó,226 PVC 6" 9,225 --9~225 PVC 8" 15.696 ---15-:69'6- -_. DIP -- -s" 338 - ____._n_ -338 -.,........--- -------- Total feet of mains__ 49.635 . -------- =~._ 4~,S3§-~ ì . MAINS METERS BEGINNING METERS END METERS IN SERVICE OF YEAR ADDITIONS RETIREMENTS OF YEAR 5/8" - 3/4" 719 B 7'27 1" 12 12 1 1/2" 13 13 2" 3 3 3" 4" 6" 4 4 8" --- Other (Speciíy): ---- -- ---- Total meters in service 751 8 - ~5-è- --------- -...--..-..... ---'-- Total meters in stock_ _ _ _ _ _ _ _ __ - - -- ------- ._.. ---- -.. --_. .-._.._._~--- --- Number of services in use_ _ _ _ _ __ 751 8 =:_-:;...=-~_=-7_5~ - n. ----- - - .~ ----- SERVICES AND METERS W·7 ~ "," YEAR OF REPORT DeceMber 31.1998 -.-----.-----------.- Holiday Pines Service Corporation Same----- ---.-- ------ WELLS AND WELL PUMPS (a) (b) (c) (d) (e) Year COiistructed -------- 19ï9 1939 Types of WeB Construction --- -- ..- .. ..~-- ...- -- ------- n_ and Casing Gravel Gravel Packed -Packed ---... - --..-- Depth ofWeHs_____ _____ 105'+ 95'+ .- ---- - - DIameters of Wells 8" 6" - -. - ------- Pump - GPM___________ 225 225 Motor - HP 15 15 - ----... ------------ Yeilds of Wells in GPD 288,000 288~Õ-OÖ-- -.- ._- ------ Auxillar¡ Power _________ Generator Generator ------" -- n ._- -----..--.- RESERVOIRS (a) (b) (c) (d) (e) Descïipticn (steel, concrete, or pneumatic) ___ _ __ ___ Concrete Pneumatic Concrete Capacity of Tank _ _ _ _ _ _ _ - 78,500 10,boo - -2õo,06ö-- - Ground of Elevated ------- Ground -Groun~ Ground --.- . HIGH SERVICE ¡lUMPING MOTORS (a) (b) (c) (d) (e) Manufacturer U.S. Motors U.S. Motors ---------- T~~______________ Close Coupled Close Coupled Rated Horsepower _ _ _ _ _ _ __ 20HP 20HP PUMPS Manufacturer ---------- ~eming Deming ~~--------------- Cent~fu~ Centrifugal Capacity in GPM ________ 500 500 ------ ~--- ~- - -. Average Number of Hours ---- - - - - Operated Per Day _ _ _ _ __ 8 8 Auxiliary Power _ _ _ _ _ _ _ _ _ Yes Yes ---- . --. .- --- -.------ ------ W-8 ~ """ Holiday Pines Service Corporation ---Same--------u-.- ;,.."... --- ------- .-. SOURCE OF SUPPLY list for each source of suPPlY: Ga!!o~s per day of source_ _ _ _ _ _ _ _ - -- See W-8 -..----- -.. ..._- - Type of source____ _ _ __ _ __ - ----- Wells ---- ----.. - WATER TREATMENT FACILITIES List for each water treatment facilitv: ~p~--------------------- Reverse Osmosis ~.~ake ___ _ __ _ __ _ ____ -------- ~mR6 Systems - -. .- Gallons per day capacity _ _ _ _ _ _ _ _ _ __ 288,000 -_... Method of measurement _ _ _ _ _ _ _ _ _ _ _ Flow Meter --- ----- --- OTHER WATER SYSTEM INFORMATION Furnish information below for each system not physically connected with another facility. A separate page should be supplied where necessary. 1. ·Present ERC's · that system can efficiently serve. 349 2. Estimated annuai increase in ERC's · . 20 --- . - ---. -- -- 3. List fire fighting facilities and capacities. Fire hydrant - 4 hours @5õ0 GPM ---- -------- -- ---. -- ---- -- 4. Üštpercëñfõf certificate area where service . -.---..- - .--.- , connection are installed (total for each county). . 90 % 5. What is the current need for system upgrading and/or ._- expansion? None 6. What are plans for future upgrad.ing and/or expansion? No current plans for expansion .---- 7. -Have questions 6 and 7 been discussed with an engineer (if so, state name and address)? N/A .- 8. Have questions 6 and 7 been discussed with -- appropriate state sanitary engineering office? N/A --- . ERC = (Total Gallons Sold /365 Days) /350 Gallons Per Day W·9 '-" Holiday Pines Service Corpor~~~_~_~_'O._. ·Same "wII YEAR OF REPORT December 31.1998 -----.-.------- -- PUMPING EQUIPMENT Lift station number 1 2 3 4 5 6 ------ ---_._- -.---.- - Make or type and nameplate data of pump ~:~..Þ9dJ_ ~~~_b~.?L -.£~~~.9~L ~ea?~~J _ Pe~~o.~L -- Peabo:y Barnes Barnes Barnes Barnes Barnes Barnes -- -- ---- --- ---_. 1978 1979 1980 1980 1988 - -----. Year installed --------- 1988 --- -- --- -..-- - - Ra:ed capacity_ (GPML __ 230 92 100 92 80 85 --...-- Size 4" 4" 4" 4" 4" 4" ------------- --_.- Power: Electric_ __ _______ - -_. Mechanical _ _ __ ____ X X X X X X ---- Nameplate data of motor _ __ Peabody Peabody Peabody Peaboay Peabody Pea.È.ody__ Bames Bames Barnes Barnes Barnes Barnes --- Lit': station number ------ ---'- Make or type and nameplate data of pump --- -_._------ -- --- Year Installed --------- . -- Rated capacity_ (GPML __ - -- _.- _.. --0 __ ._ S:ze ------------- ----- Po\ver: , ----- ----- Electric ---------- Mechanical , -------- Nameplate data of motor _ __ --- SERVICE CONNECTIONS Size (inches) _________ 6" Type (PVC. VCP, etcL___ pvc Average length_ _ _ _ _ _ _ _ 30' Number of active service connections_ _ _ _ _ _ __ 748 ----- Beginning of year _ _ _ _ _ _ _ 740 -- Added during year__ ____ 8 Retired during year _ _ _ _ _ _ --- End ofyear__________ 748 Give full particulars concerning inactive connections None ---- ._-- .- ------.----.---- -- --- - 5-6 ~ '-tII Holiday ~~es S~!yi~_Corpor~ti~~.__ _ _ Same ..- Size (inchesL_________ T , . .ype 0, ma!n__________ Length of main (nearest foot): Beginning of year_ ______ Added during year______ Retired during year______ End ofyear__________ MANHOLES: ---". --..---.-- ---------- -.. COLLECTING MAINS 6" 8" 10" Gravity GravitY" Gravity -.----- - ---. ----- 1,130 29.200 6.525 ----- 1,130 29.200 6,525 .- __n ._ -- -- --- - --- S;ze (inchesL______~-- 48" Type__------------ Precast N.J~ber: Seg;¡¡r,ing of year _ _ _ _ _ __ Added during year______ .Retired during year_ _ _ _ __ End of year_ _ ___ __ ___ - ===~-~ = =-=-- ---~ ~-- 137 -- ---- -- .._- 137 --.- -.---.----- FORCE.MAINS . . FORCE MAINS: Size (inchesL_________ 4" 6" Type of main__________ PVC PVC Length of main (nearest foot): Beginning ofyear_______ 10,686 1,700 Added during year______ Retired during year______ End of year___ _______ 10,686 1,700 5·7 '-' "wi Holiaay Pines Service Corporation -S'ame .----..--- ---~-- - .-- - ._--- TREATMENT PLANT Type_ _____ _ _ __ _ ___ "Steel" or "Concrete"_ _ _ _ __ Total Capacity_________ Average Daily Flow_ _ _ _ __ Effluent Disposal_ _ _ _ _ _ __ Total Gallons of Sewage Treated_ _ _ _ __ McNiel -'--Extended Aerat-¡on-- Concrete .210 MGD 117,721 Ponds -----..- ----.. -._-- --.--- .------ -- ------- --- 42.968,000 MASTER LIFT STATION PUMPS Manufacturer__ __ _ _____ McNiel Capacity_ _ __ _ ___ ____ 257 GPM - - -- -. MotQr: Mfr. Peabody - ----- ----------- Horsepower _ _ _ _ __ :::. -- - --- .- -.J Power (Electric or --- Mechanical) _ _ ~ _ _ _ _ _ Electric OTHE~ SEWER SYSTEM INFORMATION Furnisn Information below for eacn system not physlcaiiy co~nected with anotner faCility. A separate page should be supplied where r:ecessarv . Maximum number of ERC's · which can be served. 428 I. 2. Estimated annual increase in ERC's · . 20 -- 3. list permit numbers required by Chapter 14-17, Rules of the Department of Environmental Regulation (DER) for systems in operation. DO 56-147345 4. S-tate any plans and estimated completion dates for any enlargements of this system. N :Jne 5. If the present systems do not meet the requirements of Chapter 17~, Rules of the DER, submit the following: a. Exaluation of the present plant or plants in regard to meeting the DER's rules. b. Plans for funding and construction of the required upgrading. c. Have these plans been coordinated with the DER? N/A d. Do they concur? e. When will construction begin? 5 In what percent of your certificated area have service connections been installed? 90 % . ERC = (Total Gallons Treated I 365 Days) 1275 Gallons Per Day Note: Total Gallons Treated includes both sewage treated and purchased sewage treatment. S-8 ~ ....., ~.~ . APPENDIX G OPERA TOR AND VENDOR CONTRACTS Operations: Hutchinson Utilities Service Corp. P. O. Box 1747 Jensen Beach, FL 34958 561-288-2686 (month to month) RJO System: Ham RiO Systems, Inc. 203 S. Jackson Rd.,Bldg.3D Venice, FL 34292 941-488-9671 (as needed) Engineering: Culpeper & Terpening, Inc. 2980 S. 25th Street - Ft. Pierce, Fl 34981 , 561-464-3537 , (month to month) Alarm Systems: SVI Systems, Inc. 290 Florida Street Stuart, Fl 34994 561-220-4141 (month to month) Generators: Dietz Enterprises 1201 SE Railroad Ave. Stuart, FL 34994 561-286-6282 (as needed) '-' "" Utility Providers and Account Numbers Telephone: Bell South 782-2800 Acct#561-595-0222 220 0454 Acct#561-468-2551 4260459 Electric: Florida Power & Light 800-375-2434 Acct#60765-25036 - sewer plant Acct#34666-04224 -lift station Acct#19213-37901 -lift station Acct#29563-32999 - lift station Acct#90774-24001 - lift station Acct#20205-29000 - lift station Acct#60775-23063 - sewer outdoor light Acct#70864-28005 - lift station Acct#70944-27015 -lift station Acct#70894-22096 - water plant . . '-" '-" Holiday Pines Service Corporation DEVELOPER AGREEMENTS APPENDIX "H" DEVELOPER Acct# s 481 8-6048 6047 ... 8004 2600 7006 ~ Ames/Kings/lndrio Properties, Inc. Coastal Logics/Laundry in Center" ~g. .. Golf Lak8Vìllas Hör ur e era 1-Ie Athp.rw ?j'\/'A p artnie nts Indian'-Pines GofTCTUb Indian PInes Village TñëJrio ~Iaza Convenience Store a ewoo 8( ementary C 00 IãKëW'õõd Park Medical Center Lakewoo ar e ova 5 Itness~s-·· IìSfl<íngs RìQhway Pãr"ädíse South ... Riveis~ank St. Lucie Co. FrieDepartment St. LuCie Co. Obrary 3'001·3003- 8000-8001 700¡-- 7008 ·····7103 7004 8003' 7002 & 7005 71 00 .. ----nu¡- Additional File included: Holiday Pines Property Owners Association Protective Covenants (revised 5/24/99) '-' '-' EXHIBIT 2.02(Pt(1) HOLIDAY PINES SERVICB CC:ßP çUS,"C!'IBR r..:ST PRIS7S::¡ AT 13:06:03 ON 05-20-99 PRINTBD ¡S ACCT NUMBBR ORDSR SiiLScrION z AC-::r NUMBS¡b=COCl and ACCT NUMBER !S <=9000 AC':OUN"I' ~ CUSTOMER NA.'!B SBRVICE ADDRBSS RATE ROtll'S A B C D STATUS MULT CY SEQ PHONE ~ =~============:=========s========~=:==.======.====8====.~..z==========.===================·==·=====================::=:===:====:::== ooa1 SHS'I'IMAJŒR, CHARLES 5406 SUSCN LANE 01 ~. Y Y N N OCl 1 ;,J"..J-''';'' ::''.;'''DELL, ·';OHN S. 540' SUSON L.A." E C1 ' . Y Y N N 001 '¡O~·;S4--\::~ :.. c. OG'J3 S~-x'DER I MIKS 5501 ?ALEQ PINES =::z 01 -. Y '{ N N OQl 0004 JERGER, SIDNEY & MICHELLB 5503 ?ALiO PINBS CR 01 Cl Y Y N N 001 "0~-HC'5: ~- 0005 WILSON, COLIN 5505 ?ALiO PINES CR 01 01 Y Y N N 001 1 4Q"7·;;65--:::~: OC06 MOSS, LLEWELLYN 5507 pALBO PINBS CR. 01 01 Y Y N N 001 4'J;-46;-~-:; ce08 W;:LLIA...'1S I MARTHA 5511 PALBO PINBS CR. 01 01 Y Y N N 001 1 .¡~ --"Š51-':?:::-: 0009 NOSL, B.G. 5513 ?ALBO pINES CIR 01 01 Y Y N N 001 40--..65·995: 00:0 BRADY, CHARr.ES T. 5601 PALBO PINBS CR. 01 01 Y Y N N 001 40"535-:-;" "oJ'~ __ WALT & MiG c-rlP.ISTIANA 5603 ?ALBO PINES CR. 01 01 Y Y N N 001 1 551--i6J-;--; 0012 BRYAN!', BRUCB 5605 PALBO PINES CR 01 01 Y Y N N 001 1 00:3 VI'r:r..LO, DIANE 5607 PALBO PINES CR. 01 01 Y Y N N 001 1 73: -3:9· S::; C:)~4 r.AASE, ROBIN L. 5609 PALBO PINES CR 01 01 Y Y N N 001 1 00:5 FOWLER, BRIA.' ~ . 5611 PALBO PINES C'R . 01 01 Y Y N N 001 1 56:-595-~=;: 0·;16 MA.:~.;:H¡ON:; I JOHN 5613 PALBO PINES CR 01 01 Y Y N N OCl 1 0017 ROKAW, BARP.Y 5701 PALBO PINES CR 01 01 Y Y N N 001 1 :::3 K?_>"'!ER, RI :::?..;.RD & JOANN 5703 ?ALBO PINES CR. 01 ~:. y Y N N 001 1 40~'HS-: :-.; :.:: s Ç()õò ." ?:Bt't""NETIi 5705 ?ALBO PINES 3 01 01 Y Y N N eOl 1 4'J-'458-3: ;'; v.~· , OC:¡ Sr.v'DLAREK, THSODORB 5709 PALBO PINBS CR. 01 01 y Y N N 001 1 C023 SSCJ<:'.BY, THOMAS 5713 PALBO PINES CR 01 01 Y Y N N 001 1 O:J24 ¡'SONô, FRAN"'<: 5801 PALEO PINES 3. 01 01 Y Y N N 001 1 561-465-:. :: 0025 JAVINS, Ar.FRED 5800 PALiOO PINES CR. 01 01 Y Y N N 001 1 OCH SHSCK3LS, DA"" 5714 PAL30 PINES CR. 01 01 Y Y N N 001 1 561-466 . __J "'......"':' HBRQN, JOHN P. 5~'~ ?ALBO PINES :::R . 01 01 Y Y N N 001 4C~'4SS-H';; ,.... :)~:a M:~LBR, DENNIS & TACIE 5710 PALBO PIm!S CR.. 01 01 Y Y N N 001 S5:-336-~:-2 OC29 RO""NGA, HAROLD a. 5708 PALBO PINES CR. 01 01 Y Y N N 001 1 40i-4:65-":':';'; 0030 PATSL, MaOK 5706 PALBO PINES CR. , 01 01 Y Y N N 001 1 407-465-15-: 0031 FV'HS, WILLIAM & DBANNA 5704 PALBO PINES CR. 01 01 Y Y N N 001 1 0032 GRIMALDO DB OLIVBIRA 5702 PALBO PINES CR 01 01 Y Y N N 001 1 5';1-456-::';: 00.3 3A.Q.RE':'T I R I CF..;.RD 5700 PALBO PINES CR. 01 01 Y Y N N 001 1 OOH HAR'rMA.', MAAK 5614 PALBO PINES CR. 01 01 Y Y N N 001 1 0035 BBBESS, TIMOTHY 5612 PALBO PINES CR 01 01 Y Y N N 001 1 407-46-':55: 0036 CHANCLBR., JAMBS .. SHARON 5UO PALBO PINES CR. 01 01 Y Y N N 001 1 0037 GRIMBS .. STB'IIARD 5608 PALBO PINES CR. 01 01 Y Y N N 001 1 407-595-1659 0038 S'l'B?HBNS, WIL" H. 5606 pALBO PINES CR. 01 01 Y Y N N 001 1 407-595-6-<:: 0039 R:=:¡PF, RI CHARD 5604 ?ALBO PINES CIR 01 01 Y Y N N 001 1 C040 ZE:RK~WSK¡, STAN 5602 pALBO pINES CR. 01 01 Y Y N N 001 1 904-25.2-:S35 0041 HANCOCK, ROBBRT 5600 PALBO PINES C'R. 01 01 Y Y N N 001 1 CO..: PJ\..'CTON, JOHN T 5512 PALBO PINES CR 01 01 Y Y N N 001 1 84,-259-%:: OC43 At]L T , MARVIN T. 5510 P ALSO PINES :::R 01 01 Y Y N N 001 1 0044 PA!.1TZKE, DANIBL 5508 PALBO PINES CR. 01 01 Y Y N N 001 1 0045 RAYNER, GEORGE 5506 PALBO PINES CR. 01 01 Y Y N N 001 1 0046 h"UDSON, SUBLL a. & LINDA 5504 PALBO PINES CR 01 01 Y Y N N 001 1 561-465·5r4 0047 PLBGBR, KARL .. BONNIE 5502 PALBO PINES CR 01 01 Y Y N N 001 1 561-4,66-00.;2 OOU WALSH, KELLY L. 5500 PALBO PINES CR 01 01 Y Y N N 001 1 407-465-:4:3 0049 BARNINGER. LARRY 5405 SUSON LANB 01 01 Y Y N N 001 1 407-291-5::9 0050 CAMBRON, SCOTT 5404 SUSON LANB 01 01 Y Y N N 001 1 0051 CASS, GOR..."ON 5411 BAGLB DRIVB 01 01 Y Y N N 001 1 407-466- J __ 0052 MCDONNBLL, A."iDRBW 5413 BAGLB DRIVB 01 01 Y Y N N 001 1 Exh 2.02(p)(1) Exh 2.02(p)(2) Exh 2.02(p)(3) Exh 2. 02(P)( 4) ....." ......, EXHIBIT I CONTRACTUAL CON"NECTIONS Contractual Connections (Current Customers). Contractual Connections paid for and not yet connected. Contractual Connections not yet paid, not yet connected. Contractual Connections expected prior to closing. . . '-' EXHIBIT ~ 2.02(P) ( 1 ) HOLIDAY PINSS SSRVICS CORP \',:.- CUS7C'MER LIST PR:S"':'5D AT 13:06:03 ON 05-:10-99 PRINTSD ¡S ACcr NUMBBR ORDBR SSLSCTION = AC':;T NUMBER>=COCl anå ACCT N,,'MSSR .." <=9000 AC::Oû-W: Ii CUSTOMSR NA¡.,B SSRVICS ADDRSSS RATS ROUTS A B C D STATUS MULT C'{ SEQ PHCN;:; ====================Z========za======Z=============-:=======================2======__=============================================== 0031 SHEWMAKER, CHARLES 5406 SUSON LANE 01 v. ï 'l N N eOl (;c::.;: CAi..."'OELL, JCHN E. 540' SUS<JN LAN" 01 Y 'l N N 001 40':"-'¡~4--i:~:" OCJ3 SNì"DER, MIKE 550: PALSO PINES ~" 01 Y 'l N N 001 0004 JERGER, SIDNEY & MICHSLLS 5503 PALBO PINSS CR 01 01 Y 'l N N 001 40"::'40'5:~- 0005 WILSON, Ç~LIN 5505 PALBO PINES CR 01 01 ï Y N N 001 1 407·;;5-~-:::= 0006 MOSS, LLBWELLYN 5507 PALSO PINSS CR. 01 c¡ Y 'l N N 001 4tJ:4-i6"¡~~-:~ 01)08 WILLIAMS, MARTHA 5511 PALBO PINES CR. 01 ~1 'l 'l N N 001 1 4¡:·-461-~:":;: 0009 NOSL, a.G. 5513 PALBO PINES CIR 01 01 Y Y N N 001 1 40-'465-995: co:o BF.ADY, CHARr.ES T. 5601 PALBO PINBS CR. 01 01 Y Y N N 001 1 40'.595-: -;0 0:::': W.A.LT " MSG CHRISTIANA 5603 PALBO PINES CR. 01 01 Y Y N N 001 1 S51-'¡6V·;--~ 01"\" .., BRYANT, BRUCS 5605 PALBO PINES CR 01 01 Y 'l N N 001 1 u ... 00:3 VI':"!!.LO, DIANS 5607 PALBO PINES CR. 01 01 Y 'l N N 001 1 7J:-3:9-a~:~ C'" ~ . HAAS3. ROB!N L. 5609 PALBO PINSS CR 01 01 'l '! N N 001 1 V.1 00:5 FOIo"LER, BRIAN ~ 5611 PALBO PINOS CR. 01 01 Y Y N N 001 1 56:-595-J:=-: 00:6 MA.~~C:"¡¡ON5 , JOHN 5613 PALBO pINas CR 01 01 'l Y N N OCl 1 OOli ROKAW, BAP.RY 5701 PALBO PINES CR 01 01 Y Y N N 001 1 :::3 K?.AMER, R I ::l'.J\RD & JOANN 5703 PALSO PINES CR. 01 0::' Y Y N N 001 1 4C~-~~5-:: -; ':.~: :3 C:ìas ,;?~. , ¡'::¡;¡¡"1-iSTIi 5705 PALSO pINas :R 01 n· ï Y N N eOl 1 4'J--45¿-5:::~ 00:1 Sr.JDLARBK, THEODORB 5709 PALSO PINES CR. 01 01 Y Y N N eOl 1 0023 B¡¡cr:~"BY , THOMAS 5713 PALBO PINES CR 01 01 Y Y N N 00l. 1 O~24: LSCN3, FRANK 5901 PALSO PINES CR. 01 01 Y Y N N 00l. 1 561-465-:=':: OC25 JAVINS, ALFRED 5800 PALSO PINES CR. 01 01 Y Y N N 001 1 00;:6 SHSC'.<:BLS , DA'v-S 57H PALSO PINES CR. 01 01 Y 'l N N 001 1 561-466,-::: "'^""''''' HBR':>N, JOHN F. 57lZ PALBO PINES CR. 0-1 01 Y Y N N COl 1 4C"'-4S5-4:';~ o:·:a MILLBR, DENN!S .. TACIE 5710 PALBO PINES CR. 01 Q1 Y Y N N 001 SS:-33S-~:-~ OC29 RO'v-SNGA, HAROLD Ii. 5708 PALBO PINBS CR. , 01 ~1 Y Y N N 001 1 407,465--:43 0030 pATSL, MliOK 5706 PALBO PINES CR. 01 01 Y Y N N 001 1 407-455-:3- : , CO]l FURS, WILLIAM .. CHANNA 5704 pALBO PINBS CR. 01 01 Y Y N N 001 1 oon GRIMALDO DB OLIVI!IRA 5702 pALBO PINES CR 01 01 Y Y N N 001 1 Si)1-466-::';:' ooeJ BARRETT, R I CF.J\RD 5700 PAL30 PINBS CR. 01 01 Y Y N N 001 1 0034 HARTMA..', MARK 5614 PALBO pINBS CR. 01 01 Y Y N N 001 1 0035 B8BBSB, TIMOTHY 5612 PALBO PINES CR 01 01 Y Y N N OOl 1 4C7-46~-:;';:: 0036 CHANCLBR , JAMBS .. SHARON 5610 PALEO pINBS CR. 01 01 Y Y N N 001 1 0037 GRIMES &0 S'I'B'IIARD 5608 PALBO p1NBS CR. 01 01 Y Y N N 001 1 407-595-15::9 00J8 S'I'B:?liBNS, WILL H. 5606 PALBO PINES CR. 01 01 '! Y N N 001 1 407-595-5..:1 0039 R';¡FP, RI CHARD 5604 PALBO PINES C!R 01 01 '! Y N N 001 1 0040 ~SRK<JWSKI, STlW 5602 PALBO PINES CR. 01 01 Y '! N N 001 1 904-25.2-::35 0041 HANCOCK, ROBBRT 5600 pALBO PINES CR. 01 01 Y '! N N 001 1 0042 pA.1(TON, JOHN T 5512 pALBO PINES CR 01 01 Y 'l N N 001 947-259-9-::: 0043 AOLT, MARVIN T. 5510 pALBO PINES CR 01 01 'l Y N N 001 1 OOH pAt1'l'ZKB, DANISL 5508 PALBO plh-SS CR. 01 01 Y '! N N 001 1 0045 RAYNBR, GBORGB 5506 pALBO PINES CR. 01 01 'l 'l N N 001 1 0046 !i"JDSON, BUBLL H. &0 LINDA 5504 PALBO PINBS CR 01 01 Y Y N N 001 1 S61-465-€5-'; 0047 pLBGBR, KARL &0 BONNIS 5502 PALSO PINES CR 01 01 '! Y N N 001 1 561-465-0042 0048 WALSH, KBLLY L. 5500 pALBO pINBS CR 01 01 '! '! N N 001 1 407-465-:4:3 OOH BARNINGBR, LARRY H05 SUSON LANB 01 01 Y 'l N N 001 1 407-291-8::9 0050 CAMBRON, SCOTT 5404 SOSON LANB 01 01 Y Y N N 001 1 0051 CAS B , GORDON 5Ul BAGLB DRIVI! 01 01 Y Y N N 001 1 407-466- - -- 0052 MCDONNBLL, A.'lDRBW 5413 EAGLE CRIVI! 01 01 '! Y N N 001 1 '-' .....I HOLIDAY PINES SERVIC¡; CORP ,'':Ò-+ C'JSTOMER LIST PRINTED AT 13:06:03 ON 05-~0-99 PRINTSD IN ACCT NUMBSR ORDER SELSCTION = ACe"!' NUMBSR>=COCl and ACCT NUMBSR IS ~=90CO AC=OL"NT # CUSTOMSR NAMS SSRVIC¡; ADDRSSS RATE ROUTS A B C D STATUS MULT CY SEQ PHONE ====~=============================a===========~s=S=S====~zsa=========s====sa=======Z=============================================:== CCS3 ¡;'ARMSR, SDWARD 55Cl SAGLE DRIVE 01 01 Y Y N N 001 1 407-;6;-C:59 :-:054 ROBINSON. MICH.~L 5503 EAGLE DRI·ýE 01 01 Y Y N N 001 407·-t~-·:)';94 J05S LANNI NO , VINCENT 5505 SAGLEi DRIVEi 01 ;J 1 y Y N N 001 CO 56 GORDON, R.W. 5507 SAGLEi CR!\"S 01 01 Y Ï N N 001 0057 ROSS, WILLI.r..M .. SDITH SSC9 SAGLEi DRIVE 01 01 Y Y N N 001 OOSS KNICJŒRBOCKSR, BRUCB 5511 SAGLB DRIVB 01 01 Y Y N N 001 1 56:-4a9-)-";6 0059 ROMA..'/OS, GRACS 5513 SAGLE DRIVS 01 01 Y Y N N 001 1 -i:O";-'¡';';-::-: 0060 ZODA, SANTO J 5515 EAGLE DRIV1. 01 01 Y Y N N 001 1 561-467-û::9 0:61 ADAMS. BILL .. DOROTHY 5601 EAGLB DRIVE 01 01 Y Ï N N 001 1 a06~ MOORS. ROSERTA .. HENRY 5603 EAGLE DRIVE 01 01 Y Y N N 001 1 0063 IMPROTA, MICHABL 5605 SAGLB CRr~ë 01 01 Y '[ N N 001 1 407·Ha-a8;; 0064 W!SDSR, ';OSEPH 5607 EAGLS DRIVE 01 01 Y Y N N 001 1 407-466-0290 :;·'J455 SBNEiR, BUGSNB 5609 SAGLB DRIVE 01 01 Y Y N N 001 1 CC56 QUIGL¡¡Y, !'.ARRY 5611 EAGLS DRIV¡; 01 01 Y Y N N 001 1 OC57 PLA..."1I'S, TODD " TAMMY 5613 EAGLS CR!W,ro 01 01 Y Y N N 001 1 40>;39-0:37 0069 WOOD KSNNBTH " A..'INB 5701 EAGLB DRIVB 01 01 Y Y N N 001 1 407-464-S3a} O~:O YODSR, AR.'/OLD " JA..'IB 5703 EAGLE DRI\A 01 01 Y Y N N 001 1 40~-489-::9: C:-: :>¡BS~5 . J·~HN L. Si05 EAGLE J:RI-ýE 01 01 '1 Y N N 001 1 561-461-3ó-tJ 0072 KOVAL, NICHOLAS 5707 EAGLE DRIVE 01 01 Y Y N N 001 1 407-46:-ôH- 0073 BODOR, JOSSPH 5709 EAGLS DRIVE 01 01 Y Y N N 001 1 OC~4 TAAR. SH¡¡RMAN L 5711 EAGLE DR IVA 01 01 Y Y N N 001 1 56:-461-7949 0075 SIMBR, MARVIN 571J EAGLE DRIVA 01 01 Y Y N N 001 1 569-J2~3 00':"6 WINDHAM , JOHN 5703 IND IA..'/ PINSS 01 01 Y Y N N 001 1 407-466-2989 C:-: ~:cr..BNS , JOHN .. KIM 5800 EAGLE ::IRIVE or Cl y- Y N N 001 1 4C':'-466-CJ:: Oê~a OOQGS, WIL¡'I-'\.~ 5712 EAGLE DRIVE 01 01 Y Y N N 001 1 COSl SMITH, MRS. SDWARD F. 5706 EAGLE DRIVB 01 01 Y Y N N 001 1 0082 WILSON, JANB 5704 EAGLE DRIVE 01 01 Y Y N N 001 1 407-464-6691 , COg3 MOUNI'AIN, JOB 5702 EAGLE DRIVE 01 01 Y Y: N N 001 1 J084 ?FALZGRAF, IRA 5805 EAGLE DRIVE 01 01 Y Y N N 001 1 0085 SHELLEY, 0.1i:. 5614 EAGLB DRIVE 01 01 Y Y N N 001 1 407-461-079} 0086 0' CONNOR, ¡q;; LL Y 5612 EAGLB DRIVE 01 01 Y y N N 001 1 407-46S-91~J 0087 3..~GiRT , ROBBRT 5608 EAGLB DRIVE 01 01 Y Y N N 001 1 407-4:65-0196 0088 ISBSLL, JIM &. MAXINS 5606 EAGLB DRIVB 01 01 Y y N N 001 407-464-3038 OJ89 BARDSLBY , J. DAVID 5604 KAGIoB DRIVE 01 01 Y: Y N N 001 1 407-461-3385 ÛC90 ZELL, TBD 5602 EAGIoB DRrn 01 01 Y Y N N 001 1 0091 ZDEBSKI, PRANK 5600 EAGIoB DRIVA 01 01 Y -! N N 001 1 0092 LYNCH, RI CHARD 5514 SAGIoB DRIVE 01 01 Y: Y: N N 001 1 0093 LAFLAM , LAWRBNCB .. NANCY 5512 EAGLII DRIVB 01 01 Y y N N 001 1 407-464-3738 0094 SHORTZ, HENRY 5510 EAGLB DR IVE 01 01 Y Y N N 001 1 0095 H',,"DDLBSTON, MARGARITA 5508 EAGLB DRIVE 01 01 Y Y N N 001 1 561-461-9668 0096 BASCOMBE, ROBBRT 5504 EAGLB DRIVB 01 01 Y Y N N 001 1 460-8391 0097 SHBEHAN, DA..~ISL 5502 EAGIoB DRIVB 01 01 Y Y N N 001 1 0098 LANE, JBNIFBR B. 5500 EAGIoB DRIVE 01 01 Y Y N N 001 1 561-595-3395 009S HBPFERNA..', MARIA C. 5412 BAGLII DRIVE 01 01 Y Y N N 001 1 407-461-1811 0100 LADOW, JOSBPH P. JR. 5410 EAGLB DRIVE 01 01 Y Y N N 001 1 561-595-5452 0101 TBRMINS, THOMAS J. 5311 SUSON LA:."B 01 01 Y: Y: N N 001 1 407-466-7515 0102 DtJ!o<"DON, MR. &.MRS. JAMES A. 6004 NB'1'TLi PATH DR 01 01 Y: Y N N 001 1 0103 BSCTON, RONALD A. 6002 NBTTLi PATH DR 01 01 Y Y N N 001 1 407-461-6}S5 0104 ROI'lBYN, RUSSBLL 6000 NB'1'TLB PATH DR. 01 01 Y Y N N 001 1 0106 BLAIŒ , MARILYN 5904 NB'1'TIJI PATH DR 01 01 Y: Y N N 001 1 ~ ....." HOLIDAY ?INES SSR;ncs cq~? CUSTOMSR LIST ?P.¡}¡'7S~ AT 13: 06 :0.3 ';;N OS-2J~:::; ?RINTSD IN ACCT NUMBSR ORDSP SELECTION s ACCT NUMBER,=OCOl and ACÇ7 !-iü"MBEP :$ <=9000 AC::Ot7NT # CUSTOMER NAMS SSRVICS ADDRBSS RATE ROUTB A B ç D STATUS MULT ::y ~EQ PHON~ :==============================================~=Æ================================================================~========:~~~===== 0107 DBCROCE, PAT 5902 NB'I'TLS PATH DR. 01 01 ï '{ N N 001 716 -153 7 - 55'9,-; ..... ~_; 1: GRAY, V;:L:'IAl1 5900 NST:"LB ?J,TH r:R " - ï N N DOl ~~C9 COTrOr.:, KENNETH HOO SOiO PINBS CR.. 'II n 01 '{ '{ N N o.} 1 C1.:0 JONES, ROBSRT 5402 SOiO PINES CR. , W, 01 01 Y Y N N COl 0111 H.AAG, NCRliAN 5404 SOiO PINES CR. , W. 01 01 Y ï N N OíJl 1 561-4:;5-::';:; 0112 BOWLING, H.t.. 5406 EOiO PINBS CR. , W. 01 01 Y Y N N 001 '¡Ci'-4'S-6-5355 0::3 WAUŒR, MITOiEt.t. A 5408 SOiO PINBS CR., W 01 Gl Y Y N N 001 56:-';:9-"¡55: 0114 HENNESSEY, RIOi &. SANDY 5410 ECHO PINBS CR. , W 01 01 Y Y N N 001 1 505-33::·-·:-6 0:1.6 CHSSTER PI!<".E 5500 SOiO PINBS CR. . W. 0: 01 y Y N N 001 40--45;-~S:- :J:¡7 Mnt.SR, TOM 5502 SOiO PINES CR. , W. 01 01 Y Y N N 001 0119 WI t.COXSON , DOUGt.AS G. 5504 Scho pines C1.r. ,W 01 01 Y Y N N 001 1 ~64-95a'" ~l19 THOMPSON, SDMUND P. 5506 SOiO PINES CR. , W 01 01 Y Y N N 001 561-455-1~36 o ~ ..., HAATLöY, LARRY .. SHSRRY 5510 SOiO PINES CR., S 01 01 - Y N N 001 : 561,·46-::,·a96- '"'~...... ¡(¡.oSTERMAN, .JOSE?H 5505 ECHO PINES ::R. , S 01 01 Y Y 1'1 N 001 509-';;--";8.6: :;:'23 CCRS¡ , AliERIC::) .. ù"'J-M'"N M. 5:;03 SOiO P!NBS ~" S e: 01 y Y N II 00: 1'1.:) ~ (;:'':4 .s~YRE, Ar. 5501 ECHO PINES C:<. , E 01 01 Y Y N N 001 ~ S5:---ô~':'5~J 0':25 JŒRN, ROBSRT 5411 SOiO PINSS CR. , S. 01 01 'i Y N N 001 551-';~4-:~:': 01:6 BROWN". 3.A. 5409 SOiO PINSS CR. , E 01 01 Y Y N N 001 0127 RACCIS, C.t.. 5407 SCliO PINES C:<. , B 01 01 Y Y N N 001 1 S6:-~67-65:J 0128 VAN OVOST, J.M. 5405 SOiO PINBS CR. , S. 0: 01 y Y N N 001 1 407-~64-4-:- 0119 WISDSMSISR, JelL'! .. KAREN 5403 SCHO PINBS CR. , ¡¡ 01 01 Y Y N N eOl 0:30 CZARJot"B CKI , PATRICIA 5401 SOiO PINES CR. , S 01 01 Y Y N N 001 1 407-0166-735- 0131 MULt.BR, GSORGB &. KATHLSBN 5313 BOiO PINBS CR., S 01 01 Y Y N N 001 1 40':'-466-9:9:: 0132 SBRIO, VINCENT 5311 SOiO PINBS CR., S. 01 01 Y Y N N 001 1 401-465-9-96 0133 CURA, JOS 5309 ECHO PINBS C:<. , S. 01 01 - Y N N 001 1 561--1:6:;-1;-:': 0134 VANWAGNBR, WIt.LIAM .. CINDY 5307 BCliO PINBS CR. , S . 0: 01 Y Y N N 001 1 407-464-33::- 0135 BKRICK, JOHN .. DSLORBS 5305 SOiO PINBS CR., S 01 01 Y Y N N 001 1 561-465-s:a9 0137 JUCKIBWICZ, MARIS B. 5308 SCHO PINBS CR. , B. 01 01 Y Y N N 001 1 013a I.AWBRBNCS, DONALD R. 5310 SCliO PINBS CR., S. 01 01 Y Y N N 001 1 40':'-~61-4a5" 0139 COt.BMAN, BDWJ\RD R. 5Jl2 BeRO PINES CR.. S 01 01 Y Y N N 001 1 561-7a5-9:ao 0140 BICKMAN, GSORGB &. ANNA 5314 SCliO PINBS CIR. , B 01 01 Y Y N N 001 561-978-7935 0141 !<IDDSR, THOMAS &. JUNE 5400 BCliO PINES CR., S 01 01 Y Y N N 001 1 407-595-1414 0142 HESS, THOMAS 5402 SOiO PINBS CR., S. 01 01 Y Y N N 001 1 407-468-4866 0143 MIC!ŒY, DR. DaAN D. 5404 BOiO PINES CR., B 01 01 Y Y N N 001 1 814-0143-1:69 0144 BU"uBR, FRBD 5406 SOiO PINES CR., S 01 01 Y Y N N 001 1 401-489-5iCJ 0145 STOCK, PIITBR 5408 SOiO PINBS CR., S 01 01 Y Y N N 001 1 40i-464-2325 0¡4& r..APP3MAN , t.OUIS J. 5410 SOiO PINBS CR., B 01 01 Y Y N N 001 1 01.;7 FOLLINS, PHILIP 5413 SCliO PINBS CR., W 01 01 Y Y N N 001 1 561-461-7a30 0148 JŒR.R , GRSGORY 5411 SOiO PINES CR. , W. 01 01 Y Y N N 001 1 407-466--532 0149 KRSWBNKA, SRIC 5409 BOiO ?INBS CR., W. 01 01 Y Y N N 001 1 0150 HARROt,'N, RI CHARD 540i SCliO PINBS CR.. tI. 01 01 Y Y N N 001 1 561-H6-43':'2 0151 SUESS, JŒNNBTH 5405 SOiO PINBS CIR.,W 01 01 Y Y N N 001 1 561-535-065a 0152 ARBNDT, DON 5403 SOiO PINBS CR., W 01 01 Y Y N N 001 1 407-0164-1452 0153 BRICSSON, LOUIS 5401 SOiO PINES CR., W. 01 01 Y Y N N 001 1 0154 ARMSTRONG, JACK 5313 SCHO PINBS CR., W. 01 01 Y Y N N 001 1 0155 GROTS, ROY 5311 SOiO PINBS CR.. W. 01 01 Y Y N N 001 1 0157 ADAYSH, ALICS 5307 SCHO PINBS CR., W. 01 01 Y Y N N 001 1 407-465-83;,~ 0158 GOLDSN, DAVID " DIANNB 5306 SOiO PINBS CIR. ,W 01 01 Y Y N N 001 561-971-6098 0159 COSTA, SLAINE 5308 SCliO PINBS CR., W. 01 01 Y Y N N 001 1 0160 CONNOLLY, LAllRIiNCB 5903 NB'I"I'LB PATH DR 01 01 Y Y N N 001 1 ....... ""-'" HOLIDAY PINES 3SRVICg CORP CUSTOMER LIST PRINTSD AT ìJ: (,.6: OJ'" ·ON 05-:0-99 PRINTED IN AC:::T m;MBSR ORDER SELECTION = ACCT NUMBER>=OOOl a:1" ACCT NUMBER IS -:: =9000 ACCCv""NT *I CUSTOMER NAME SERVICE ADDRESS RATE ROUTS A B C D STATU!; MULT :ï ......:.'" :-:-:::;:; ;=========================:==================.====~~=z==z===============================~=================================~====7===: 0161 COA...~, JANE':" L. LOT 161 08 01 Y Y N N 001 S'i,:·~-j-9-2S I,,!J.~_ if";:; E :!.~ , DA·....·S 6001 NETTLE PATH DR 01 01 'i y N N 001 -t.: - -.;;.¡ -... 6';'.s 0163 CCRRI?O, GãCRGE 6003 NiõEDLE PATH DR 01 .. , . " N OS: 0164 BROWN , RONALD 5301 SUSON LANE 01 01 Y Y N N 001 0165 WI LCO;<SON I DOUGLAS 5302 SUSON LANIi 01 01 Y '{ N N 001 4..:' ~ ~ 1-';4· J :::-; 0167 LANSBERRY, LARRY .. DONNA 5304 SUSON LA.'IE 01 01 Y Y N N 001 5':::'-:';'5-3:''5:'' 0158 SLATER, CONSTANCE 5305 SUSON LANE 01 01 Y '{ N N OCl 0170 JUDGE, MICHASL .. LORI 5310 SUSON t.ANB 01 01 Y Y N N 001 1 -i65·5971 0171 HAYliS, CLIr'FORD 5300 INDIAN BEND LANE 01 01 Y Y N N 001 1 34:-::3 01-2 CAMBER, ?Au"!. 5212 INDIAN BliND LANE 01 01 Ï Y N N 001 1 4:--';65-50-: Cli3 CONNOLLY, LAWRliNCIi 5210 INDIAN BBND LANE 01 01 '{ "{ N N OCl 1 0174 MESMER, JOSEPH 5208 INDIAN BEND LANIi 01 01 Y Ï N N 001 1 ~ ' -465-Sj~4 0175 KURTZO, VERONIc:A 5206 INDI.~ BEND LANE 08 01 Y Y N N 001 "3:-388-369~ 0175 SCHRICKER. OTIO J. 5204 INDIAN BliND LANE 01 01 '{ Y N N 0\)1 1 0'-- WEINBu'RG. DIANE F. 5202 IND!AN BliND LANE 01 01 '( '[ N II O~' : 4:-·';'64-92:") .' v. 01 ïa BUCHER , JOSEPH 5200 INDIAN BE~"D LANE 01 01 Y '[ N N 001 1 56:.·...-0-6;,¡2 01~9 MC~CCKL¡N, FP.ANCI S " IRENE 5108 INDIAN BBND LA.'f!i 01 01 Y Y N N 001 1 c:aJ M37:Gti:rt, R·:JNAI.D 5106 INDIAN BEND LANE 01 01 Y Y N N 001 5'6:-46a-363: Ola:: MCCR&~!B, JAMES .. GAIl:. 5102 INDIA." BE~"D LA.":! 01 01 Y Y N N o~' 5 ~: - -1:54 - -i 3·: : ~- 0183 LUCAS , JACK 5100 INDIAN BBND LANE 01 01 Y Y N N 001 1 466 - 6854 0184 WHITB, CEMSBY .. NANCY 5001 INDIAN BEND LANE 01 01 ï y N N 001 40--466-3050 0185 ALVEY, W¡¡'¡'¡AM 5003 INDIAN aBND IJ>Joo :! 01 01 Y Y N N 001 56:-465-43.11 0186 KNOWLBS , TOM 5005 INDIAN BB~"D LANB 01 01 Y Y N N 001 1 0'07 W!RZ, ANTHONY 5101 INDIAN a END LANE ';1 01 .y Y N N 001 1 40"-465-1095 0188 DIMAIO, FRBD 5103 INDIA.... BBND r.;u.:! 01 01 '{ '{ N N 001 1 4:'--468-:140 0190 W;¡liCH, !.SON .. JACQUBLINE 5107 INDIAN BBND LANB . 01 01 Y Y N N 001 1 ..C7-465-aa56 0194 GRBEN , MRS. JOHN G. 5205 INDIAN BEND t.ANB 01 01 Y Y N N 001 1 905-587-7481 0195 KNOWLTON, I'IICRABL 5207 INDIAN BEND LANB . 01 01 Y Y N N 001 1 4:C7-595-6655 0197 STEPHBNS, RONALD 5211 INDIAN BEND t.ANB 01 01 Y Y N N 001 0199 TURNER, LAWRBNCIi 5301 INDIAN BEND LANB 01 01 Y Y N N 001 561-489-0100 0201 !Œ.OLAK , LAWRENCE 5305 INDIAN BEND LANB 01 01 Y Y N N 001 4Ci-4:S5-3C23 0202 SBITZ, PAUL 5408 BAGLB DRIVB 01 01 Y '{ N N 001 1 46ó-1897 0203 BDRIOOB, JOHN " MARION 5406 BAGLB DRIVB 01 01 '{ Y N N 001 1 407-4a9-S050 0204 SCHIRARD, BRANTLBY J. 5404 BAGLB DRIVB 01 01 Y Y N N 001 1 407-461-2118 0:;:05 S!SERT, DANIBL " JANICB 5402 BAGLB DRIVB 01 01 Y y N N 001 1 S6:-~61-37;2 0206 RAUPACH, WILLIAM 5400 BAGLE DRIVB 01 01 Y y N N 001 1 ~C7-'¡6a-:;13";' 0207 MIRANDA, CARLOS 5304 BAGLB DRIVB 01 01 Y Y N N 001 1 407-465-8779 0208 BECKBT'l' , F. DBWITI 5302 HAGLIi DRIVIi 01 01 Y Y N N 001 1 4C7-46S-09¡6 0209 KOHL, r..SROY 5300 SAGLIi DR!,,;:! 01 01 "{ Y N N 001 1 561.-461-5Ja; 0210 ELHENDOR: , S. 5210 EAGLB DRIVIi 01 01 Y Y N N 001 407-466-5709 0211 PLOS ZAY , GLORIA 5208 HAGLB DRr'¡-li 01 01 ï ï N N 001 407-465-1620 0212 THOMAS, DIXON 5206 HAGLB DRI."B 01 01 Y Y N N 001 1 407-465-5:19 0213 MUBNTBNBR , RALPH 5204 HAGLE DRIi,B 01 01 Y y N N 001 1 0214 GUARDQ, JOHN 5202 HAGLB DRIVB 01 01 Y '{ N N 001 1 468-3603 0215 DBL'UTIO, B'CGIiNB 5200 HAGLB DRIVB 01 01 Y '{ N N 001 1 561-468-2882 0216 SHt1LTliRS, ROBBRT 5112 HAGLB DRIVB 01 01 Y Y N N 001 1 407-465-7040 0217 GARTSIDB, BDWIN 5110 HAGLB DRIVB 01 01 '{ Y N ,N 001 1 407-468-028S 0218 ARCHBR, BRNBST 5108 BAGLB DRIVB 01 01 Y '{ N N 001 1 551-460-5180 0219 GARST, PBTBR 5106 BAGLB DRIVB 01 01 Y Y N N 001 1 407-456-5647 0220 SOUTH, FRANCIS C. 5104 BAGLB DRIVB 01 01 Y Y N N 001 1 '-" ....., HOLIDAY PINSS SBR·lICE CORP C:]STOMER LIST ?P.!N"!'SD AT 13:06:03 ON 05-:0-99 PRINTSD IN ACCT I'<ü"MBSR ORDSR SELSe-:'¡ON = ACe-:' NUMB¡¡P.>=OOO~ and A-==r NUMBSR IS <=:,9000 t1.'=:OUNT # C:JS"!"OMSR NAMS SSRVICE ADDRESS RATE ROtJ"TS A B C D STATUS MULT CY SE;~ ?HC¡;ê: =====~2:============================~====s=====================================:=================~============~===================== C..,.,'" SETT!OL, EDWARD 5102 BAGLE DRIVE 01 01 Ï Ï N N 001 ¡¡L-UP.: . A.~õ'3D " $ tj}T-Ar) 5100 EAGLE DR:-¡¡:; ~l 01 , Y N N 001 ':::3 SMI7H, M:CF..rüi::" 4906 BAGLg DR:';S lõ.. .): - y N N 001 0:24 ANDSRSON, HARRY W. 01904 BAGLE DRr:E 01 01 Ï Y N N 001 0:26 WESTCOTI. ,!\.LAN 4900 BAGLE DRIVE 01 01 Y Y N N 001 0:27 STSWART, ROBSRT 4804 BAGLE DRr:S 01 01 ;: Y N N on ~u ..¡s:-::" :' 0228 SAMMARTANO. 'i.V. 4802 BAG::'S DRr.'"s 01 01 Ï "{ N N 001 1 561~465-9S5~ 0229 PHILLIPS, CECIL S, 4800 BAGLE DRIV'B 01 01 Ï Y N N 001 1 407 -H4-:67} 0230 LLOYD. RODNEY 4706 BAGLS DR!;'~ 01 01 Y Ï N N 001 1 407-46:-:09: 0231 BP.ASHSARS, ARNOLD 4704 BAGt.E DRIV"B ~. 01 Ï 'i N N 00::' 1 410-)5--956:' u~ 0132 D SA!)MAN . TOM " ÇOh~!S 4702 BAGLE DRIVE 01. 01 Y 'i N N 001 so;: -o;as-:-:: C:!33 THOMAS , ARThü"R " MAAGE 4700 SAGLE DRIVE 01 01 'i Y N N 001 '::'C-·4;4-7~:S :235 JOHN, CHRISTOPRBR 4605 SAGLB DRr."B 01 01 ï 'i ~¡ N 001 ';07-46";-9:::? 0236 Al..LBN, !<ARBN Q. 4701 BAG"'B DRrro 01 c¡ - ï N N 001 0:237 DiG!UL!~r G5RALD 4703 BAGLB DRr,....E u. 01 ï Y N N 001 0:38 BBACH, SA¡'¡DRA 4705 SAGLB CRI'"B 01 01 y 'i N N eCl 1 407-465-a2:: ~240 RUBINO, ,;N'!'HONY 4801 EAGLE DRI'J"B 01 01 Y Y N N 001 C:41 P_~.:Eüz..'::EF I R::N .. S7E??rINE 4803 BAGL" CRr\l~ Cl c!. - y N N 001 1 0:42 SMITH, JON¡ 4805 EAGLE DRI-'"B " 01 ï Ï N N 001 c. 0243 FISCHER, HARRY 50 HELBN 4901 SAGLB CRI1rE 01 01 Y Y N N 001 561-46:;-6435 ::H ¡(OPA, MARTIN H03 BAGLB DR!-'"B 01 01 y 'i N N 001 1 407-4:5-:19" 0245 COLONNA, LOUIS 4905 SAGLE ¡:)RI'Võ 01 01 - Y N N 001 1 407-46:-8,::- 0246 AHERN , iGiN!' J. 4907 SAGLE CRIV'B 01 01 Y "i N N 001 1 561-466-5a3~ 0248 BROWN, ANCEL 01911 BAGLE DRIV'B or 01 y-" "i N N 001 1 0249 LAMONTAGNE , PAUL 4913 SAGLB DRIV'B 01 01 ï y N N 001 1 330-';37-70:: 0251 MAGHAN , JAMES 5103 SAGLB DR!V'B . 01 01 Y 'i N N 001 1 561-466-5453 0252 BOGDAN , LEONARD 5105 iAGLB DRIV'B 01 01 Y Y N N 001 1 DRIV'B . Q253 LASK"i, WILLIAH 5107 SAGLB 01 01 Y Y N N 001 1 407-465-8258 0254 BARNHARDT . MELISA 5109 SAGLE DRIV'B 0::' 01 Y 'i N N 001 1 561-465-S:~: 0255 GOODFELLOW, IQ,LTER 5111 SAGLB DRIV'B 01 01 ï "i N N 001 1 0257 SADBSKY , JOSBPHINE 5201 SAGLB DRIV'B 01 01 Y 'i N N 001 1 0258 SMITH, BARRON 5203 EAGLB DRIV'B LOT #258 01 01 ï 'i N N 001 0259 HEININGER, i?ACL " MAAY 5205 iAGLB DRIV'B 01 01 Y Y N N 001 1 0260 KLBIN', WILLIAM 5207 SAGLB DRIV'B 01 01 Y Y N N 001 1 0261 NELSON, DOROTHY 5209 SAGLB DRIV'B 01 01 Y Y N N 001 1 0262 JCSBPH RYKBR 5211 SAGLB DRIVE 01 0::' 'f 'i N N 001 1 0263 SLATON, CHUCK 5213 SAGLB DRIV'B 01 01 Y Y N N 001 1 561-460-839. 0264 SANCHEZ, MAAY 5301 BAGLE DRIVE 01 01 Y Y N N 001 1 0265 DEAN. JAMES 5303 SAGLS DRIV'B 01 01 Y Y N N 001 1 0267 FILSP, PATRICIA K. 5307 SAGLE DRI....S 01 01 Y Y N N OC1 1 9'8-9:9-11:; 0268 ROSY. L.W. 5309 SAGLE DRIVB 01 01 Y 'i N N 001 1 551-46'-S8S.; 0269 GOODSLL, DONALD 5401 BAGLB DRIV'B 01 01 'i Ï N N 001 1 0270 PODOSBK, DENNIS 5403 SAGLB DRIV'B 01 01 Y 'i N N 001 1 407-466-6--- 0271 MOURSLATOS . GERASIMOS 5405 SAGLS DRIVE 01 01 y Y N N 001 1 0272 SHAW, WILLIAM " ROSE 5407 EAGLB DRIV'B 01 01 'i Y N N 001 0273 MARCH . BAR!!ARA Ie. 5409 SAGLE DRIV'B 01 01 Y Y N N 001 1 407-461-13;3 0274 COLBORN, K.M. LOT #274 11 01 Y Ï N N 001 551-770-:199 0275 APONI'B, ARIS 5406 PALEO PINES CR. 01 01 Y Y N N 001 1 407-461-3596 0276 BDMISTBR, CHARLBNB 5404 PALSO PINES CR 01 01 Y Y N N 001 1 0277 POGLIANO, FRANK 5402 PALBO fINES CR. 01 01 Y Y N N 001 1 407-466-9H9 ~ ....., HOLIDAY PINSS SSRVICS CORP .....,.. =~J S '!'~M SR ~ ...~- PR! !'17SD AT l.j:0~ , .J J C·N 05-20-99 ............. PP.INTSO IN ACCT /ru"MB SP- ORDSR S'6LEC7J:>'JN = AC~ NUMBEP...:o::OOOl and ACcr NL"MB SR rs <.=9000 A::COm,-r # CDSTO!'.'R NAME: SSR'lICS ADDRESS RATE ROUTS A B C D STATUS MULT =y ~EQ ?HCr-;E ==================================================================================================================================== 0:'78 WSTHERINGTON, WILSON 5400 PALiIO PINES CR 01 01 Y y N N 001 1 .: 2 30 'W\G'õ':;, AS7GN:O .. CAMILA 53 :0 PALEO P¡NE~ C? 01 Jl Y Y N N 001 1 5:;:-·;<;6--::9 0281 MARTBNS. SLV}\. G. 5306 PALôQ ?INSS CR. 01 01 ï . N N 00: -i:--4~.s·:a.;: 02;2 MCIL'¡AIN, ¡:~ISL 5304 PALEO PINSS CR. 01 01 Y Y N N 001 1 40"7·46~-;3J~ 0283 COCHRAN, KEVIN 5302 PALEO PINS:;; CR. 01 01 Y Y N N 001 561-460-939- C:a4 THOMAS, CLARA S3CO PALEO PINES CR Ol 01 Y - N N 001 561-';';:-5392 c~ai BROOKINS, CAROL .. O'NSIL 5208 PALEO PINES CR. 01 01 Y Y N N OOl 5Gl·46~-~J:4 0289 DSMARIO, ANDREW 5204 PALEO PINES CR 01 01 Y Y N N 001 1 407-451-1:''75 0290 FRANCIS SMITH 5202 PALSO P¡NBS CR Ol 01 Y Y N N 001 1 40r-466-75C¡ 0:9: :,.¡SS:... HOWARD 5200 PALBO PINES CR. 01 01 Y Y N N 001 551-465-:1.69 C292 MCBLHINNEY, ROBERT 5112 PALSO PINES CR. 01 01 Y Y N N 001 ;J'7-4:6ê-:'S35 0293 BICKERSTAFF, DOUGLAS .5110 PALSO PINES CR. 01 01 Y Y N N 001 1 40"7-56'7-'75a; 0294 !?IT:::HETI' , JAMES C. 5108 '?ALaO PINSS CR 01 01 Y Y N N 001 1 407-465-6-;9 0295 G.A~OSH., JOHN 5106 PALEO PINSS CR. 01 01 Y y N N 001 0296 POULIOT, RaGINAZ.D 5:04 PALaO P!NSS CR. 01 01 Y 'i N N 001 1 407-~51-J3-C 0297 COLLINS, ROBBRT 5102 PALSO PINES CR. 01 01 Y Y N N 001 C19a ?OONEY, JOHN 5100 P.a.¡.¡¡O PI~tES CR. 01 01 Y Y N N 001 :299 ~O¡',JKN! SR . RIC'r'.AAD H:6 PALï::O P:!I¡;S O' 01 Y Y N N 001 1 ..0--;65-1 ~93 -.~ . .~ 0300 HOWARD, LEIGH ANN 4914 PALSO PINBS CR. 0: 01 Y Y N N 001 1 :;Ç;:-46a-::53 0301 CONNOLLY, MICHAI!L T. 4912 PALBO PINES CR 01 01 Y Y N N 001 1 407-.065-:580 0302 ÇHA¡.,'!SRS , Dú"NCAN 4910 PAL¡¡O PINSS CR. 01 01 Y y N N 001 1 407-562-":"4':6 0304 KLEIN, BARBARA 4906 PALÄO PINES CR 01 01 Y y N N 00:' :;6:-468-~~';J 0305 HUGHSS, DON 4904 PALBO PINBS CR. 01 01 Y Y N N 001 1 407-<164-:;808 !J3~., PAPJŒR HOMBS INC 4902 PALEO PINES CR. 01 01 Y y N N OCl 1 5fl-465-4~:J':' 0307 SNZMANN , BMILI¡; 4900 p_u,ao PINES C? 01 01 Y y N N 001 1 40.....-595-69.;6 0308 DIAL, J. LUMAN 4804 PALBO PINES CR. 01 01 Y Y N N 001 1 407-460-666' 0309 DUPUIS, WILLIAM 4802 PALBO PINBS CR. 01 01 Y '{ N N 001 1 561-460-2813 0310 DIAL, JAMBS L 4800 PALBO PINES CIR 01 01 Y y N N 001 561-460-6667 03:3 CIBSLINSKI, RONALD 4702 PALSO PINES CR. 01 01 Y Y N N 001 1 0314 SASSO, RAYMOND 4700 PALBO PINES CR. 01 01 Y Y N N 001 1 0316 BRSNDB!., HAROLD " c.>Jh-SRINB 4605 PALBO PINBS CR. 01 01 Y Y N N 001 1 SÓ:'-595-9::~ 0317 MURPHY, HBNRY " IUU'ILDA 4101 PALBO PINBS CR. 01 01 Y Y N N 001 1 a318 FIERRO, JOSBPH A. 4703 PALBO PINBS CR. 01 01 Y Y N N 001 1 0319 HOHMA."IN , WILLIAM R. 4705 PALBO PINBS CR. 01 01 Y Y N N 001 1 407-466-1491 0320 SMITH, RA.'IDY " SHARLOTI'B 4707 PALBO PINES CR. 01 01 Y y N N 001 1 0321 SYMINGTON, DON 4801 PALBO PINBS CR. 01 01 Y Y N N 001 4tC7-4r65-~7;è 0322 PODOSSK, MICHAI!L 4803 PALBO PINBS CR. 01 01 Y y N N 001 1 0323 STEPHBNSON, JON 4805 PALBO PINBS CR. 01 01 Y Y N N 001 1 407-595-0129 0324 O'I'HMBR, DR. RlCiARD 4901 PALSO PINBS CR. 01 01 Y Y N N 001 407-461-9845 0325 WILLIAo'!S, RI CiARD L. 4903 PALBO PINSS CR. 01 01 Y Y N N 001 1 4C7-466-1784 0326 FRANK , TAMARA 4905 PALEO PINBS CR. 01 01 Y Y N N 001 1 561-a~5-":"97a 0327 PERKINS, DONALD 4907 PALSO PINES CR. 01 01 Y Y N N 001 1 407-464-8353 0328 SMITH, CARL H. 4909 PALÄO PINSS CR. 01 01 Y Y N N 001 1 0329 FRIBDRICH, ROY Ull PALIIO PINES CR 01 01 Y Y N N 001 1 0330 BISS, MARK " JUD I'I'H 4913 PALBO PINBS CR 01 01 Y Y N N 001 1 461-5718 0331 GANNON, LORA B8TH 40915 PALSO PINBS CIR 01 01 Y Y N N 001 561-466-410'; 0333 BAXTBR, FRANK 4919 TAMOKA COURT 01 01 Y Y N N 001 1 561-7ïO-J:aC· 0334 l<AKARSKO, WALTBR 5001 TAMOKA COURT 01 01 Y Y N N 001 1 0335 0' SHBA, PATRICK " DIANH 5003 TAMOKA COURT 01 01 y Y N N 001 1 0336 GALLO , PSNN'! " JOHN 5005 TAMOKA COURT 01 01 Y Y N N 001 1 ~. ...., HOLIDAY P:N&S SERVICE CORP CU:JTOME? !J¡:;T PP:N"!'SC AT :]:06 :af"oN CS-:O·99 PRINTED IN ACcr Nù"M B ER ORDER 3ELôcrION = ACcr NUMBER>=OOOl and ACcr N\'¡1'1BEP IS <=9000 ACCC'vNI' ~ C--ù.3TOMSR NAME SERVICE ADDRES:; RATE ROUTE A B C D STATUS MULT CY S¡¡Q ?H0NE ~ ==================================================================================================================================:= 0339 DUNCAN , EUGENE 5011 PALEO PINES CR. 01 01 ï Y N N 001 40ï-4~;-.t~:~ V';''''',J ~aR:7Y ~U~:;ô:'L 5101 P .'-LEO PINE::; CR. 01 01 Y y N N GOl 0341 KSI:1. BARRY S103 PALEO PINES CR, 01 :Jl ï 'f N N ,>.:'¡ -t-.... -t ":' ~ - ') ~ ~ . 0343 DAMUT: , ',1 crOR .. CATHY 5107 PALEO P!NSS CR 01 01 ï Y N N 001 561·489-218- 03H W::-''N, WILLIA'1 5109 PALEO PINES CR 01 01 Y Y N N 001 561--t89'''"55 0345 GUIDBBSCK, MICHABL 5111 PALSO PINES CR 01 01 Y '{ N N eOl 407--16-·3:J4 aHa RHODSWALT, STEPHEN 5205 PALEO PINES CR. 01 01 '{ Y N N OCl 0350 MAIDEL, BYRON C, 5209 PALBO PINES CR. 01 01 Y Y N N COl 1 561'46S-73Ja 0352 '¡ONDRAN , CHARLES J. 5213 PALEO PINES CR. 01 01 Y Y N N 001 1 S61-457·09~3 e353 ?~1JSN.~. JOHN 5301 PALEO PINES CR. 01 01 Y Y N N 001 1 CJ5.s. SHE5H.A.t."'l, JOHN 5303 PALSO PINDS CR. 01 01 y y N N 001 1 0355 GA.'SER, JOSBPH .. B E'l'TY 5305 PALSO PINES CR. 01 01 Y Y N N 001 1 407-460-66"1 0357 iiALüKIBWI CZ, JAMES 5309 PALEO PINES CR 01 01 Y Y N N 001 S61-455-4-SS 035a iG..ESM_:....~ , JCH.' J. 5311 PALEO PIN5S CR. 01 01 Y Y N N 001 1 CJ59 AD';''1S, JOS;;;?H .. 5313 PAL;;;O PINES CR. 01 01 Y y N N 001 1 .¡Cï-46S"·J..;:?5 0361 YARBOROUGH, CHARLES &. J1.)1JITH 5401 PALBO PINBS CIRCLE 01 01 Y Y N N 001 S61-465-:::S~ 0'3';: HQDGKINSON, Þ.LaS?':' 5405 PALEO PIw.;S CR 01 01 Y Y N N 001 1 561-464-1;54: ::53 O¡;OM. ·::HARLã,s &. JESSI::;'" 5407 PALSO ?INES CR 01 01 Y Y N N OCl 1 561-46oò-393: 0367 Y.}J(.SN v. COFFSY 5303 ECHO PINES CR. ,'II 01 01 Y ï N N COl 1 0368 HAN"..oN, ROBERT 5304 SCHO PU¡1!S CR. , S 01 01 Y Y N N COl 1 GJ53 R.."ï, ¡..·.ATHRyN .. JERRY 5212 ECHO nNES CR. , E 01 01 ï Y N N 001 1 51 7-426-a:~:: 0370 FiUNG, LBO 5204 SUSCN LA.'fB 01 01 Y Y N N C~l 1 401-45-·:::::; O~-l WILKDRSON. SAM 5206 SUSON !.ANB 01 01 Y Y N N 001 1 46¡-454-~O:4 '~J"':'2 HAYBS, CHARLES 5208 SUSON LANE 01. 01 Y Y N N 001 0374 r'BASTER, W.N. 5210 FEATHBR CRBEK DRIVB 01 01 Y Y N N 001 1 0375 SINGSR, J. 5208 FEATHER CRBEK DRIVB 01 01 ï Y N N 001 1 0376 /iALB, JOAN 5206 FBA'I'HBR CRBSK DRIVB 01 01 Y ï N N 001 1 0377 SMILBY, WBLDON D OR BVELYN 5204 PBA'I'HBR CRBSK DR IVB 01 01 Y Y N N 001 037a GADDY, ROBSRT .. Y'IONNB 5202 PBA'I'HBR CRBBK DRIVB 01 01 Y Y N N 001 1 561-4a9-36"" 0379 WEILER, O.R. 5200 PBA'I'HBR CRBBK DRIVB 01 01 Y Y N N 001 1 407-464-525~ 0380 COUSINEAU, J.D. 5100 SCHO PINES CR. , B 01 01 Y Y N N 001 1 0381 WALLACE , SCOT! 5102 BCliO PINES CR. , B 01 01 Y Y N N 001 1 407-461-6:89 0382 DAILY, GLBNN 5104 BCliO PINBS CR., E 01 01 Y Y N N 001 1 407-465-6305 0383 ARNOLD , CLAYTON 5106 BCliO FINBS CR., a 01 01 Y Y N N 001 1 0384 WAGNBR, DUANE 5202 ECHO PINBS CR., B 01 01 Y Y N N 001 1 03a5 CASS!.LA, ROBBRT 5204 aClio PINBS CR. , E 01 01 ï Y N N 001 1 40i-595-:"53;' 0386 GABBARD , RALPH .. MARY 5206 SCHO PINBS CR. , S 01 01 'l Y N N 001 1 407-464-9155 0387 HORISET'I"S, ANTHONY 5208 SCliO FINES CR., S 01 01 Y Y N N 001 1 0389 SHZ'!H, D.R. 5303 SCliO PINES CR. , E 01 01 Y Y N N 001 1 0390 RI;:"L, LEONARD 5301 SCliO PINBS CR. , B 01 01 Y Y N N 001 0391 PL¡"1'1B, PETER .. MOLLY 5211 BCHO PINES CR. , S 01 01 Y Y N N 001 561-466-H'¡'¡ 0393 RUSSBLL, EDWARD J. 5207 ECHO FINES CR. , E 01 01 Y Y N N 001 1 561-465-779:: 0394 WBIDSR, KENNETH 5206 SCliO FINBS CR. , S 08 01 'l Y N N 001 1 516-7:4-894C 0395 CUEVAS. RODNBY M. 5203 SCHO PINBS CR. . S 01 01 Y Y N N 001 1 0396 WALTSR. GaORGB 'II. 5201 BCHO FINBS CR.. B 01 01 'l Y N N 001 1 203-746-1014 0397 MARSCHALL, ANTON 5115 BCHO PINES CR. , B 01 01 Y Y N N 001 1 561-466-1657 0398 BBDACK, J.OSSPH 5113 BCHO PINBS CR. , E 01 01 Y Y N N 001 1 0399 ADD'{, WILLIAM J. 5aOl BCHO PINBS CR. , B 01 01 Y Y N N 001 1 0400 BROWN, DONALD 5109 BCHO PINBS CR. , E 01 01 Y 'l N N 001 561-595-0369 0401 WBIDBI'IAN. ROBBRT 5107 BCHO PINBS CR. . B 01 01 Y 'l N N 001 1 561-467-0808 '--' ......, H0LrDAY PINES SERVICE CORP ,. .~.~.. C"J$TQMBR L:,sT PRI!;,E::> AT D:06:03 :.'1 ,,~ ·:0-99 PR I NTED IN ACe! NUMBER ORDER SSLBC7ION = ACcr N"v11BER>=OOOl and ACcr NT.JMBSR IS <=9000 A~-::;ùÑ"7 a Ct:STOMôR .'IAMB SERVICE ADDRESS RATE ROtITE A B C D STATt:3 MULT CY SEQ PHCNE ~ =========~=========~=======z~=:==~==z=======.=~.======.:====..=====&=====-========================================================== ...,....,:. ((RUITEN, JACOBUS 5105 ECHO PINES CR. , E 01 01 Y - .'I .'I OD1 .~;: .;, -"¡E7HSR:NG70N, RALPH 5101 ECHO P!NES CR. , E 01 01 'l ;: N N GOl ....,iJ:J GARSON. IRENE 5106 FEATHER CREEK DRI;;E 01 Dl 'l 'l .'I N 001 .¡O!' ·4~';-;j(';;': Ù~C6 LETTS. DAVI!) 5104 FEATHER CREEK DRr'¡E 01 01 Y Y .'I N 001 C..:7 KANOLD, BBT'I'Y 5102 FEATHER CREEK DR!\tS 01 01 Y . N N 001 40,-'¡6l-58-~ ù;GB PETERMAN, PHILIP & DEBRA 4600 RBDWOOD DRIVB 01 01 'i - N N OD1 4C7-456-a-:5~ C;':9 LOC"EY, RICHARD 4603 EAGLE DRIVE 01 01 Y Y N N 001 40--';';';·--..: :J-tl~ 1'$C"rlIR.'1, STEVEN & TEE LA 4504 PALEO PINES CR. 01 01 Y Y N N 001 407-4~a·--:.; 04:: r..S:TZ, JOSBPH 4505 PALEO PINES CR. 01 01 Y Y N N 001 1 551-465-:::;: "'1...... MBSSLBR, WILBt;R 5105 FEATHER CREEK DRI;;"S 01 01 Y Y N N 001 1 561-465-4533 0..::"3 WILSON, ROSIN 5107 FEATHBR CREEK DRIVE 01 01 Y Y N N 001 1 407-456-4:63 ~';14 ZE¡¡DYK JR'r WILLIAM 5109 FEATHER CREEK DRIVB 01 01 Y Y N N 001 ~4:5 GAGNON. AMY 5111 FEATHBR CREEK DRI\-i> 01 01 Y Y N N 001 4:)ï-SS5-0:a: :1:'; S?.ADF·::RD, G;'.RY 5113 FEATHER CREEK DRIVS 01 01 Y ;: N N 001 1 5';;5-)'":'.'):; ..,;"'- 'J.QR,¡"1LE-::'" , JOHN J, 5201 FEATHER CREEK DRni> 01 01 Y - N N 001 1 56¡-466~5:5':: 04:9 TAYLOR, ROBERT 5205 FEATHER CREEK DRIVS 01 01 Y Y N N 001 1 J;:J D',;ySR, FR..'\NC!S & JO ANN 5207 FEATHER CREEK DRrvÞ 01 Ol Y Y N N eCl 1 561-465·4C:4 "'''t__ FA.P-M;..r~:D:3 , AJ?OLLON 5209 FEA7i1SR CRSEK DRIVE 01 01 '{ Y N N 001 0422 ROWEN, ALEX 5211 FEATHER CREEK DRIVS 01 01 '{ Y N N 001 1 407-0!61-7-93 0424 SVIZZBRO, DINO D. 5215 FEATHBR CRBEK DRni> 01 01 '{ Y N N 001 617-767-419- 0425 ROGCL!NO, DAV:::C .. BBTSY 4504 RBDWooD DRI"v-S 01 01 Y y N N 001 1 561-567-4'1-3 04:27 NORTH, GBRALD & KATHRYN 4500 RBDWooD DRrv-S 01 01 Y Y N N 001 561-,¡ÓQ-5a:.: 04:8 ZEBLISKY, RtroCLJ?H 4404 RBDWOOD DRIVE 01 01 Y Y N N 001 1 :4:~ we!.A v-SR, MARK & A."~-:S 4400 RBDWOOD DRI·",~ 01 01 '{ Y N N 001 ,Oï-';55-~~:o:; (1)1 JONES, WALTBR r. 4304 REDWOOD DRrVB 01 01 Y Y N N 001 1 561-464-:6:, Oi32 DAVINO. NEIL J 4302 REDWOOD DRIVE 01 01 Y '{ N N 001 561-3:;!-~S52 0433 RICB. THBODORB & DONNA 4300 REDWOOD DRIVE 01 01 '{ '{ N N 001 407-46¡'-74:3: , aU4 J?Ot.K, WI LMA. 4204 REDWOOD DRIVE 01 01 '{ '{ N N 001 , 407-464-3733 . C~35 AUSTIN JR., IŒmŒTIi B. 4202 REDWOOD DRIVE 01 01 Y Y N N 001 1 407-595-Sa33 C,,~7 YAC'JCCI, PHILIP 4100 REDWOOD DRIV'B 01 01 Y Y .'I N 001 1 407-465-490: 04:.;;0 SA!<. ROBBRT & ANNE L. 5101 DEER Rt..'N DRIVE 01 01 Y Y N N 001 1 561-466-60g: 04012 ATKINSON, THOMAS 5105 DEBR RUN DRIVE 01 01 Y Y N N 001 1 561-340-331: 0443 DIMMETT M.D. , ROBERT 5107 DSBR RUNDRIlI-¡¡ 01 01 '{ Y N N 001 1 407-465-1273 C444 WOLAVER, JOHN H 510' DBBR RUN DRIVS 01 01 Y '{ N N 001 1 561-461-1511 0445 NOVAK, DR. BDWARD 5201 DEBR RUN DRIVE 01 01 Y Y N N 001 1 407-466-3884 û";46 WARNER, DAVID J. 5203 DBER RUN DRIVE 01 01 Y 'i N N 001 1 407-464-5353 OHB VAGTS, WALT¡¡R w. 5207 DEBR RUN DRIVE 01 01 y Y N N 001 1 407-465-3404 O"H FANELLY, ANGELO A. 520' DSBR RUN DRIVI! 01 01 Y Y N N 001 1 407-461-439: Ci3:> SOMMER, LtITZ .. EVA MARIA 5211 DBBR RUN DRIVE 0::' 01 Y y N N 001 1 0.;51 HO?KINS, LYNDA A 5215 DEER RUN DRIVE 01 01 Y y N N 001 1 407-464-73:: 0453 MCNAMARA, DONALD & VIRGINIA 5301 DEER RUN DRIVE 01 01 Y Y N N 001 0454 THOMANN, SUSAN 5303 DEER RUN DRIVE 01 01 Y Y N N 001 1 407-464-6309 0456 DUNN . THOMAS & RBGINA 5307 DSSR RUN DRIVE 01 01 Y Y N N 001 1 0457 GORDAY. JR., WILLIAM J. 5309 DBBR RUN DR 01 01 Y Y N N 001 561-489-5500 045B VALSNTIN, MIRNA S. 5311 DSBR RUN DRIVE 01 01 Y y N N 001 1 489-0137 0459 TAYLOR, WALTSR A. 5401 DESR RUN DRIVE 01 01 Y y N N 001 1 407-46::'-3598 0460 CAMER.'l.ON, SCOTT & SUSAN LOT 460 11 01 Y Y N N 001 see file . 0462 BEIDLER, HENRY & SUSAN 5407 DEBR RUN DR IVE 01 01 Y Y N N 001 1 561-465-2662 0463 LUDWIG, JOHN 5409 DSBR RUN DRIVS 01 01 Y Y N N 001 1 407-461-2235 0464 McGRANAHAN, RONALD OR BARBARA 5411 DBBR RUN DRIVE 01 01 Y Y N N 001 1 ....... \wI ,'~ HOLIDAY PINES SERVICE CORP ,.",.- C'JSTOMER L:::ST PP:tN"!'E~ ;..:: U:06:03 ON 05<:0-99 PRINTED IN ACcr NUMBER ORDER SELSC"l"ION = AC::T NtiMBER>=OOOl and ACcr Nt."MS ;R ...~ <=90GO A::::OUm I CUSTOMER NAME SBRVICB ADDRBSS RATB ROU":"E A B C D STATUS MULT CY SEQ PHONE ======================~===~===~====================.================================================================================ C4E5 ¡'¡ILLIFORD. MITCHBLL 5413 DESR RUN DRr¡B 01 01 Y , N N COl ~C-:--46';--»C9 O~66 MYERS. J. DOUGLAS 5501 DBER RUN DRIVE 01 C.: 'i - N N 001 .¡ç-.¡"--:,:, 0467 HOWEN. ROBBRT 5503 DEER RUN DRIVE 01 0: y - N N '-'....... 046a SANBORN. R I CHARD &. BEVERLY 5505 DEER RUN DRIVE 01 01 - - N N 001 4'J~ -~;'S - :.-!S- 0469 PARSONS, C.E. 5507 DEaR RUN DRIVE 01 c. Y - N N 0°' 1 . .. 0470 ATTKISSON, ANTHONY L. 5509 DEER RUN DRIVE 01 01 Y · N N OCl 56:-';6~~1:';¡3 00173 !..Aü-rH, MARTIN 5601 DEER RUN DRIVE 01 Ol Y Y N N 00: 4:0":"-45:;--;';:"; 0474 MALEY, DAVID A_ 4201 BURNT FOREST cr. 01 01 Y Y N N 001 1 4:07-465-34-~ :'1:75 MCGARITY, ANISS &. RANDY 4203 BURNT FOREST cr 01 01 Y Y N N 001 56:-0165-:350 coin CHURCHILL. ERVINE 4207 Bü1UIT FORBST cr. 01 01 Y · N N 001 1 o.¡;a ¡-¡ILSON, CAROL &. HAARY 4204 B tiR.'iT FORBST cr. 01 01 ï · N N 001 407-4:6:-:';14 Colao GRANNAS , CHESTSR S. 5605 DESR RUN DRIVE 01 01 Y · N N 001 1 814-944 - 5: JO coin '¡ALOES, ROBIN 5604 DBER RUN DRIVS 01 01 Y Y N N 001 1 ..07-464-5::3 c.¡a2 MSSSBP.., LONNIB 5602 DESR RUN DRIVE 01 01 ï y; N N 001 40:-;6;-~:-: C4S3 MAYNARD , CH.ARLSS 5600 DESR RUN DR IVE 01 0: ï - N N 001 0484 NOLT!!, WILLIAM 5512 DSSR RUN DRIVE 01 01 Y '{ N N 001 4C-:"-46~-~~;- C485 WH!!.1I.T, HENRY 5510 DESR RtIN DRIV!! 01 ~- Y · ~: N OCl 1 0436 GROUNDS, FERN S3ca CSER R¡1N DR ¡.....:: "'. C: - · N N {"',,"". ,:;,_. .....¡,.". 3 ;¡- 0487 GALLAGHER, FREDERICK 5506 DSER RUN DR r.,-s 01 01 ï Y N N 0°' 1 4:0'7-4:6a-a;4~ v~ OoiBa BCONOMOS, MARIA 5504 DEER RUN DRIVS 01 01 Y Y N N 001 1 40"-46~-%:5 04a9 MATI.1LONIS, GORDON 5502 DBER RUN DRIVE 01 Cl Y ï N N 001 1 407-468-6:5: 0490 FOWLER, WILLIAM 5500 DEER RON DRIVS 01 01 Y Y N N 001 1 561-465-26:C 0491 HARGRAVE , LBST1IR BRIAN 5412 DSER RUN DRIVE 01 01 '{ Y N N 001 1 561-46:-6ê94 04:32 COLEMA."I. ROBERT 5410 DBER RIm DRIVS c:.- v. '{- y N N 001 1 4:::r~·';56-::9: 0493 PRESTIANNI, JOSBPH &. TAMRA H08 DBER RUN DR 08 01 N N N N 001 56::'-973-5:16 0494 KBNDRICK, ROBERT &. MELANIE H06 DBER RUN DRIVS 01 01 Y Y N N 001 1 561-..65-35:1 0495 DAVIS, SDGAR &. ALICE 5404 DSBR RUN DRIVS 01 01 Y y; N N 001 1 561-464-5915 , 0496 CAMPBBLL, LINDA 5402 DSBR RUN DRIVB 01 01 Y Y N N 001 1 0497 HUSSAIN, AZIZ 5400 DBSR RUN DRIVB 01 01 y; Y N N 001 1 561-489-5-37 049a COCK, CLAY; 5310 DEER RUN DRIVE 01 01 Y Y N N 001 1 40i-595-9573 0499 COOK, CLATION LOT 499 08 01 y; Y N N 001 1 4:07-595-95"5 0500 BROWN, ROB3RT 5306 DBBR RUN DRIVB 01 01 Y Y N N 001 1 0501 LACHER, WILLIAM &. MARGARB'I 5304 DBSR RUN DRIVB 01 01 Y y; N N 001 561-468-9009 0502 GOODSLL, SHIRLBY 5302 DEBR RUN DRIVB 01 01 Y Y N N 001 1 561-489-09-: 0503 FLIBG'SL, HENRY 5300 DSBR RUN DRIVS 01 01 Y Y N N 001 1 0504- BELL, JAMi>S W. 4104 STONS RIDGS cr. 01 Ol ï ï N N 001 1 0505 STOCKWELL, DAVE &. AMY 4102 STONE RIooS cr. 01 01 Y Y N N 001 1 914-623-;:-~ 0506 JASA, DAVID 4100 STONE RIooB cr 01 01 Y Y N N 001 1 561-466-73% 0507 BRACKSN, JOHN 4101 STONE RIDGB cr. 01 0: Y y N N 001 1 407-489-:U3 0508 KIMBROUGH, P.AY &. CATHY 4103 STONE RIDGS cr. 01 01 '{ Y N N 001 1 561-499-3:96 0510 HARTBR, JOHN A. &. ALINE 4104 BEAR CREBK cr 01 01 Y Y N N 001 1 561-466"'--i:43 0511 OWEN, PAUL H. 4102 BEAR CRBBK cr 01 01 Y Y N N 001 1 0512 FRBELOVE, ARCHIBALD 4100 BEAR CRBEK cr. 01 Ol Y Y N N 001 1 0513 CRI'I"I'BNDBN, WARRB'N 4101 BEAR CREBK cr. 01 01 Y Y N N 001 1 407-46-1-6·359 0514 BRI'I"I'ON, WILLIAM 4103 BEAR CRSEK cr. 01 Ol Y y N N 001 1 407-467-06:; 0515 WILSON, ROBBRT F. 4105 BEAR CRBBK cr. 01 01 Y Y N N 001 954-968-4244 0517 PBERY, MARY 4104 LOOKOUT COURT 01 01 Y Y N N 001 1 0519 KOGUT , CASIMBR " JUDITH 4100 LOOKOUT COURT 08 01 Y Y N N 001 1 561-465-18-1 0520 BRANN , JAMES &. WENDY 4101 LOOKOUT COURT 01 01 Y Y N N 001 N 561-336-5579 0521 MBSSINGBR, STBVBN 5100 DBER RUN DRIVB 01 01 Y Y N N 001 1 407-461-.;493 A:-:~UN7 # '-" ....., CUSTOMBR NAMB HOLIDAY PINBS SBRVICB CORP CUSTOMBR LIST PRINTBD ". 13:06-:03 ON 05-2n-99 PRINTBD IN ACC7 NUMBBR ORDBR SBLBCTION s ACCT NUMBBR>=OOOl SSRVICB ADDRBSS and ACCT Wu~BBR IS <=9000 RATB ROUTS ABC D STAT;;: MULT CY ::;¡¡:;; PHU;¡:; ::5:2 =========================================z==a====s==========z================================================~~~;===~===~=~;~~=~::;: 4C-·::j-1:-"; 'J ;:3 C5~S 05:6 052"7' 0529 0;30 0531 0532 OS}) OSH 0535 0536 :;540 a542 0543 CS45 "'~;~ 0547 0548 0549 0550 0551 Q;52 0553 0554 0555 0556 0557 1004 lca 1012 1013 1014 1015 1016 1017 1018 1021 1022 1023 1024 1025 1026 11)27 1028 1031 1032 1033 1034 FR&~COBUR, WILLIAM B. FULTON. FLOYD & SHBRR! WALSH, WILLIAM PBRRY, PAUL W. DUSANBK, ROBBRT BLAIR, JOHN GRBBNW00D, PAUL & SUB ST~HART, CHARLBS C. NEWSON, ARLBNE V. R.A!JŒS, WILLI:""! B. C""JNNINGF.AM, MARILYN & RB.X SARL HASSBLL ~.ÞRHART, BILL & MARIA ¡;ANNBMANN, BDWARD ROSBOROUGH, GLBNN & CARLB~Þ DBRBY, RONALD & MARY SHARPLES, HARRY H. ?USSAKIS, .;RT MAXWBLL, RAYMOND TRBW, PHILIP & CLAUDIA DUNNINGTON, BRIC BURGBR, LIONEL S'V"BT, FRANK MAYCOCK, CEDRIC SÇHRCBDER - WATBRS Rv~IANO, CHRISTINE ELIANB & DBVAIR RIBEIRO ARGUIN, LEO FREilLAND. EISERT INDIAN PINES HOA MINSON, CHERYL A. WILKINSON, CONSTANCB DUGGER. BONNIE BERGANDI, CORA SUESS, DONALD MINERT, JOHN pRANCIS, WILLIAM B BAILBY, ALLISON L. STBWART, LARRY JR. GRIMM, DARREL KIM, YONG-SUK M. SANDBRS, LISA & JIMMY L~¡Y, IRA & CORINNE DIC"r'"..BNS, ANNA MARIB LIPSON, GBORGB MA'l"l"HEWS, CAROLYN BOOTH, ELITHA L. HALL, ROLAND R. PV~TNBR, JOSEPH A. DUNN, PREDERICK P. 5014 DSER RUN DRIVB 4104 SMOKE'! PINBS cr. 4100 SMOKB'! PINES CT. 4101 SMOKE'! PINBS CT 4103 SMOKEY PINES CT. 4107 SMOKEY PINES CT. 4103 RBDWOOD DRIVE 4201 REDWOOD DRIVE 4203 REDWOOD DRIVE 4205 RBDWOOD DRlvÞ 4301 REDWOOD DRI'V~ 4303 REDWOOD DRIVE 4305 REDWOOD DRI"1B 4407 REDWOOD DRIVE 4503 REDWOOD DRIVE 4505 REDWOOD DRIVE 4500 PALBO PINES CR. 4501 PALBO PINES CR. C/O JOHN T. BBNSON 5800 DBER RUN DRIVE 5902 DBER RUN DR!.~ 5804 DilER RUN CRI'V~ 5806 DBER RUN DRIVE 5808 DEER RUN DRI'V~ 5809 DBER RUN DRIVE 5807 DEER RUN DRIVE 5805 DBER RUN DRIVE 5803 DBER RUN DRIVE 5801 DiER RUN DRIVE IPV-CLUBHOUSE 6004 INDRIO RD A-l 6004 INDRIO RD A-2 6004 INDRIO RD A-3 6004 INDRIO RD A-4 6004 INDRIO RD A-5 6004 INDRIO RD A-6 6004 INDRIO RD A-7 6004 INDRIO RD A-8 6006 INDRIO RD B-1 6006 INDRIJ RD B-2 6006 INeRIO RD B-3 6006 INDRIO RD B-4 6006 INeRIO RD B-5 6006 lNeRIO RD B-6 6006 INeRIO RD B-7 6006 INeRIO RD B-8 6008 INDRIO RD C-l 6008 lNeRIO RD C-2 6008 INeRIO RD C-3 6008 INDRIO RD C-4 , 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 ·01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01. 01. 01 01 01. 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 Ï y · Ï · Y Y · - - Ï N Y Y - y - . '! Y y y Y y y 1'1 1'1 N N 1'1 N N ~ N y N Y 1'1 Y N N N N N N N N N N N N N N N N II 1'1 N N '! Ï N '{ N y N N Y y N y y '{ Y Y - N N Y Y N N Y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1'1 1'1 N N N N N Y y y Y ï y Y Y Y Y ï Y Y Y Y y '! y y y Y Y Y y Y Y Y Y Y Y y Y Y Y Y Y Y Y Y Y Y '{ Y Y y '[ y Y Y Y Y Y Y Y Y N N N N N N N N N N N N N N N N N N N N N N N 001 001 aD: 001 001 eoi. ~Ql 001 001 001 co: ()Cl eOl 001 OCl 001 001 00: eCl 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 COl 001 001 001 001 001 001 001 001 001 001 -F; - -i -: '~_ ~"'t _ :" -t'.-" . ~ -: " -_' , ,- - ..-, .... -t'_i .-"'t":'''I-.._ 40:-'¡.s~-:~"~~ 4-:)7-..:".;;-".;,:: 5'5:--t:;:'-;-!~;: 407·';39-C:";: 56:-;5'5-1::: 4': - ..;~.;, -..¡, -; .: 56:-:;3-::~~ 305-:45-5·:5: S6:"-463-';:'i:: O~i.s ~';J 1 5~1-'¡::;4-::-: 4¡J7-';6õ--:'~: 561-456-:~-: 1. S5:-4~5-e:: : 4C--';;4-::5:': 1 461-5-5.. 4:CÎ-464-S:::; 1 S6l-464<~9:'; 1 40ï-S35-:a:.': 1 1 1 1 1 561-595-5:3= 407-465-49H 561-489-8645 561-468-20:6 56:-7:~-e;::: 1 ';lZ-96J-aê:; 40-;-465·-29; 1 561-461-C~'~ 561-466-8'::: 3175 S61-33~-S~:: 561-4';6-õ:;; 561-S9S-Ja:.; 1 1 1 561-461-3-..9 407-464-93:: 561-465-76-: 1 1 1 1 561-460-"'7".;:; 561-595-S~S- 465-4294 407-595-96ca '--' """" HOLIDAY PINES SiiRVICS CORP .'~- CU!j~OMER LTro- PR r N':'SD AT ¡) : 06: QJ ON C5<~Û-99 '"'" PRINTED IN ACCT NUMBER ORDER SSLSCTION = ACCT NtJMBER>=OC01 and AC;::: N1JM55R I~ ..=9000 ACCOtM!' :I ::USTOMER NAMS SERVICE ADDRESS RATE Rot)"!S A B C D ~TATUS MULT C'i :JEQ PHONE ====================2================s=============&=====s=:_===:==::=:=:====:==:=====:===:::===:=:::=:===::=======================; 1;)35 THOMPSON. FR3D 6008 INDRIO RD C-S 01 01 Y Y N N 001 561--i'5;-5:::"S 1036 M05LE',t DAVID 6008 INDRIO RD C-6 ;)1 01 Y Y N N ;)01 41G-2~3--5-] 1037 ISRAEL. DAVID 6008 INDRIO RD C-7 01 c¡ y '{ N N OOl ; b 1 - -t ~ -i - ~.J - : -, lC38 DADDI. LORSTTA 6008 INDRIO RD C-8 01 0: '{ y N N 001 U41 JOUBERT. NOSL .. ANNETTE 6010 INDRIO RD D-l 01 0:- y y N N on 561-460-3ô54 1042 NELSON. LARA 6010 INDRIO RD D-2 01 01 Y '{ N N 001 561-464-43'5: 1043 HSISSRMAN. JAM¡;S 6010 INDRIO P.D D-3 01 01 Y '{ N N 001 56,,-466-4503 1044 Sù1UJYKA. MARION V. 6010 INDRIO RD D-4 01 01 '{ Y N N 001 1 561-H6-48n 10';, BUTKOWSKY. ALEX .. MARY 6010 INDRIO RD D-S 01 01 Y Y N N OCl :!03-1a.;-;.":";- 1046 WHITE. ROB¡¡RT 50 GL¡;NDA 6010 INDRIO RD D-6 01 01 Y '{ N N GCl 407-)3-·34::- :,047 ROLL¡;. T! FF A.."<Y 6010 INDRIO RD D-7 01 o¡ Y y N N OCl 561.- 5JG-t5!:~: ::J48 B¡¡WSRSDORF. ALAN C, , JR 6010 INDRIO RD D-8 01 01 Y '{ N N OCl 561-852-2357 1051 BISHOP. DOLORES SLi'lOOD 6012 INDRIO RD S-l 01 01 ï: Y N N 001 -I07-H6-406·J :052 FRSZEL. "..'\ROLD 6012 INDRIO RD S-2 01 ^' Y N N 001 561-708-'-2: ~'" . 1,:53 ·."¡';'ZQù'"E: . PATRICIA .. LONGINOS 6012 INDRIO RD E-3 01 Cl "{ - N N co: 561-46:'~E39:1 1054 HALL. CLARICE 6012 INDRIO RD S-4 01 01 ï: '{ N N 001 l(}S 5 ?.::~s. OONALD 6012 INDIUO RD S-S 01 ^' Y Y N N 0':1 ~C3·95:-S6-: :.):;ó :)RO. BA.'ŒA.'<A 60:2 INDRIC RD S-6 01 ~. ï: Y N N 0:1- 1 40-::'-466-6'5S'; 1057 DSCHOW. GEORGB 6012 INDRIO RD B-7 01 01 ï: Y N N 001 1 -107-468-1761 1058 GARDELLA. DAVID 6012 INDRIO RD B-8 01 01 Y Y N N 001 1 1061 COOK, BILLY 6014 INDRIO RD 1'-1 01 01 Y Y N N O~1 1 551-4a9-6652 1062 CAMARASANA, J' AN1i 6014 INDRIO RD 1'-2 01 7 . Y Y N N O~l 1 w'" 1063 SMITH, DOLORBS B, 6014 INDRIO RD 1'-3 01 Ol Y Y N N 001 1 lSTT.JNIONPAYS 1054 Z!TO, BA.'ŒAP.A T. 6014 INDR-IO RD 1'-4 01 7" Y ., N N 001 56:-595-3955 1:)65 TIFFT, FRANCIS 6014 INDRIO RD 1'-5 01 01 Y Y N N 001 501-750-'6'1 1066 COOKS BY . RODNEY 6014 INDR-IO ?.D 1'-6 . 01 01 Y Y N N 001 941-967-6149 1067 JONES, SHBILA 6014 INDRIO RD 1'-7 01 01 Y Y N N 001 1 464-6631 . 1068 MUNN, CARL 6014 INDRIO RD 1'-8 01 01 Y Y N N 001 1 10il COOKE. CAROLINB 6022 INDRIO RD G-l 01 01 Y '{ N N 001 1 1072 PRICE, CHARLBS 6022 INDRIO RD G-2 01 01 Y Y N N 001 1 10i3 INGOLPSSON. MAGNI 6022 INDRIO RD G-3 01 01 Y Y N N 001 1 407-489-6510 1074 WUNDBRLICK, JACKIE 50 JOEL 6022 INDRIO RD G-4 01 01 Y Y N N 001 1075 COPBLAND. KIMBBRLY 6022 INDRIO RD G-S 01 01 Y y N N 001 1 561-489-0892 1076 NEEL, THOMAS 6022 INDRIO RD G-6 01 01 Y Y N N 001 1 407-456-7655 1077 KARI<BR . FRANCIS .. NATALIS 6022 INDRIO RD G-7 01 01 Y Ï N N 001 315-858-1445 1078 LUTHSR, JBFP 6022 I~"DRIO RD G-8 01 01 Y Y N N 001 1 561-569-3985 1081 POYNBR . DO'l"I'IS 6018 INDRIO RD H-l 01 01 Y Y N N 001 561-562-3391 1082 HELM, MICHABL J. 6018 INDRIO RD H-2 01 01 Y Y N N COl 1 1083 PATRICIA BROOKES 6018 INDRIO RD H-3 01 01 Y Y N N 001 407-465-9393 1084 ALL FLORIDA RBALTY SBRVICES 6018 INDRIO RD H-4 01 01 Y Y N N 001 1 356.339811 lcas CAMPBELL, MICHSLLS 6018 INDRIO RD H-5 01 01 N N N N X 001 1086 POOLE. ALYSSA F. 6018 INDRIO RD H-6 01 01 Y Y N N 001 1 561-468-7368 1087 ALLBN, CORA 6018 INDRIO RD H-7 01 01 Y Y N N 001 1 407-595-9952 1088 PUHS, GEORGE 6018 INDRIO RD H-8 01 01 Y Y N N 001 1 407-467-6675 1091 MULO , PBT'BR T. 6020 INDRIO RD t-l 01 01 y Y N N 001 407-468-9865 1092 BERIITTA, PIU\NK 6020 INDRIO RD 1-2 01 01 Y y N N 001 1 407-461-4808 1093 HARRIS, CARMEN N. 6020 INDRIO RD I-3 01 01 Y Y N N 001 1 1094 SAUBRTBIG, SIBGPRIB 6020 INDRIO RD I-4 01 01 Y Y N N 001 1 1095 SEGUIN, ROGER 6020 INDRIO RD I-5 01 01 y Y N N 001 1 407-464-7321 1096 BNDRBS. ANTON 6020 INDRIO RD t-6 01 01 Y Y N N 001 1 '-' ...., HOLIDAY PINES SER'lI':E CORP C:USTC'MER .....CO.... PPINTEO AT 13: 06 :CJ eN :'5-'::0-99 .,...,;;,.. PRINTED IN ACcr N1.JMS¡¡P. ORDôP SELECTION = ACCT NUMSER,=OOOl and. ACe:-: N......'MS ;R -" ., =9000 ACCOL"N':" '* CUSTOMER NAME SERVICE ADDRESS RATE RO:;"7E A S C D STATUS MULT ,. - ...;:.... "H·:~;<: =:====================~~========.============================~====================================================================== 109" INNOCENT. ;JACQUES & LEILA S020 INeRIO RD I-7 01 01 Y Y N N 001 '¡O;-;';:~9;::' :.~~a ~UERBACH, ;-ŒRMAN S020 INDRIO RD I-a 01 c:. y . N N 001 S';l-;s:,-a:~: 1101 WAHL, SUZANNE 1. SOLS INeRIO RD J-l 01 o' 'i ï N N 001 ..¡.: - . .; -::. - -;\~ .= : v_ 1102 SHAH, SHIRISH SOLS INeRIO RD J-2 01 0: y y N N 001 S6¡-';5.,-53~'; 11C3 FAIRSANKS, CARL SOLS INeRIO RD J-3 01 ,"," Y . N N 001 551·4';;-3:?: 1104 FF.IGAULT. GARY SOLS !NeRIO RD J-4 01 - - Y Y N N 001 aõ:-~';J-l':';.; 1105 CHAMPAGNE, DAN & JBAN5TI'B 6016 !NDRIO RD J-5 01 -. N N N N 001 S'Sl-;~j-"¡':=: 1106 GONSALVES. ELAINE 601S INeRIO RD J-6- 01 01 Y Y N N 001 407-455-3-:-:: l:Qï DUDLEiY. S'I':SVõN M. 6016 INDR!O RD J-7 01 c: y y N N 001 1 407-45:-9';:: ::'1,j8 S¡¡RTSNSHAW, TA!iMY 6016 INeRIO RD J-8 01 v. Y Y N N 001 5S:-';Q-53Cõ ...... SCF.AFHAUSER, CARL 6002 INt:RIO RD K-l 01 01 Y Y N N 001 1112 ULLMANN . CHRISTINE 6002 INDRIO RD K-2 01 01 Y Y N N 001 40"7-4~4-S:S5 ¡¡:"J VETERA."IS ADMINISTRATION 6002 INeRIO RD K-3 01 01 Y Y N N 001 S6:'·-i~5-0~:: :'::'1.4 :.tJNDBSRG, WILLIAM 5002 INeRIO RD K-4 01 ...'. Y Y N N 001 4iJ--';56-a-:;.; :. ::1 SCOF!'Sz....::;, HBL~N ITF 5024 INeRIO RD 1.-1 01 .~ ;: y N N 001 .¡O7.;~:--:~: 1:22 WILLOUGHBY, ROBIN 6024 INeR!O RD L-2 01 0: y Y N N 001 561.-.;a9-C-i::: ::13 WI :'LIA/'IS , MCRI ::A 6024 ¡NeRIO RD 1.-2 C: - ~ y Y N N CCl 5';:-",,:5-2:';7 :::4 POr.I:ATTC, PST;R S024 INDiGO RD 1.-4 0: - . - y N N 001 40":'-4:S6-€5-: 1:25 KILMER, HARRY 5024 INeRIO RD L-5 01 Gl Y Y N N 001 :':'26 MORRIS, R.D. 6024 INeRIO RD L-6 01 01 Y Y N N 001 56:-H5-43:: :":27 BE~'DEL. M::CH.A:aL 6024 INDRIO RD 1.-7 vJ. -- Y Y N N 001 56¡--t66--:-::~ 1128 PBLLE7IER, MARK 6024 INeRIO RD L-a 01 0:- y y N N 001 463-3593 1131 :::COK. TIMOTHY A. 6028 INeRIO RD M-l 01 01 Y Y N N 001 56:"-461-1.4;-: 1132 GOULD , THOMAS & DIA!Œ 6028 INeRIO RD l'!-,Z 01 Cl Y Y N N 0'" 1 4~"'-4SS--::'; 1133 YOUNG, DCNALD 6028 INDRIO RD M-3 01 0: Y Y N N 001 407-461-1~:: 1134 JERGER, TONY 1. 6028 INDRIO RD 1'1-4 01 01 Y Y N N 001 561-45"-8942 1141 TSLBSCO , DCMINIC " GBN'!!VIBV1! 6026 INeRIO RD N-l 01 01 Y Y N N 001 1 954-735-205: 1142 ZICK, MARILYN 5026 INDRIO RD N-2 01 01 Y Y N N 001 1 407-465-0S35 1:43 PIBR, CON 6026 INeRIO RD N-3 01 01 Y Y N N 001 1 863-5350 1144 HT,)'BEiR, LINDA 6026 INeRIO RD N-4 01 01 Y Y N N 001 1 1145 DINSMORB, STBPH&"I 6026 INeRIO RD N-5 01 01 Y Y N N 001 407-489-29: : 1146 NELTON, Am:TA 6026 INeRIO RD N-6 01 01 Y Y N N 001 1 561-465-25:4 1151 HAYWOOD, WILLIAM 6030 INeRIO RD 0-1 01 01 Y Y N N 001 1 1152 UMPHRBY, MICKBY J. 6030 INeRIO RD 0-2 01 01 Y Y N N 001 1 407-"'66-~5'¡3 1153 ROUNDTREE, CHRIS 6030 INeRIO RD 0-3 01 01 Y Y N N 001 1 7ïO-4.24-93:;: 1154 SCHAFHAUSER , CARL 6030 INDRIO RD 0-4 01 01 Y Y N N 001 1 1155 SWEENEY, MARY 5030 INeRIO RD 0-5 01 01 Y Y N N 001 1 1155 ROMNEY, KATE 6030 INeRIO RD 0-6 01 01 Y Y N N 001 1 4C7-450-68" 1157 DOYLE, HBNRY 6030 INeRIO RD 0-7 01 01 Y Y N N 001 1158 SCHANTZ. ROY 6030 INeRIO RD 0-8 01 01 Y Y N N 001 1 '¡C:-46B-a:::: 1161 POCOSEK. NANCY A. 6032 INeRIO RD P-l 01 01 Y Y N N 001 56:-t6s·-::a 1162 ARCHIBALD , JOHN 6032 INeRIO RD P-2 01 01 Y Y N N 001 1 407-H6-4:,1 1163 SHANLEY, IRBNE 6032 INeRIO RD P-3 01 01 Y y N N 001 1 407-489-3649 1164 RACHBL VORBIS 6032 INeRIO RD P-4 01 01 Y Y N N 001 1 407-460-15:5 1165 VBNABLB, RUSSELL A. 6032 INeRIO RD P-S 01 Cl Y Y N N 001 1156 HAAS, LUDWIG 5032 INeRIO RD P-6 01 01 Y Y N N 001 1 902-752-2330 1167 MONROB, BRYAN 6032 INeRIO RD P-7 01 01 Y Y N N 001 40"'-4S5-9'-J 1168 KBNNY , WILLIAM B. 5032 INeRIO RD P-8 01 01 Y Y N N 001 1171 PRIGADLT, ALBXANDER 6034 INeRIO RD Q-l 01 01 Y Y N N 001 1 407-465-96n 1172 ROW!!, DBNNIS 6034 INeRIO RD Q-2 01 01 Y Y N N 001 ~ ....", H0L!DAY P!NS':; SSRVICS COR? .- C;;S';'':ME? ,\",;........ PRINTEé) ~, iJ:û:;: OJ Ç~¡ 05-:0-99 PRU¡7SD IN AC:::r N"UMBER OR.iJSR S¡¡LSCTION = ACCT ~r...i·MBbR>:OC =: and ACCT ~ïù'MBbP. IS <:z9000 ACCOUNT II CUSTOMS? NAMS SERVICS ADDRESS RATE ROUTS A B C D STATUS MULT CY SEQ PHONE ===========================:=============3S========================================================================================= 1173 HSSEMANN. ú"RSULA 60H INDRIO RD Q-3 01 01 '{ '{ N N O~· 40:--164-44';: v... :174 FRSCH¡¡'!'7E. ,J,P. 60H INDRD PD Q-4 01 01 '{ Ï N N 001 40--'¡65-a~:..; 1175 BOSGLIN, JOHN E. 60H ¡NDRIO RD Q-5 0: 01 '{ 'i N N 001 1176 SHAW, BRENDA 6034 INDRIO RD Q-6 01 01 '{ Y N N 001 S61-J37-::aa 1'~~ MARQUIS, RSNES 6034 INDRIO Po" Q-7 01 0: '{ '{ N N 001 .i.,¡ , St-:-460-:";::: 1:::'8 GOBERT, ALICB 6034 n;DRIO RD Q-8 01 01 . '{ N N 00: 4C--4S-i-:3;- l::.al LITILE, NORMAN 6036 INDRIO RD R-l n 01 Ï '{ N N 001 40"7-46:;-::233 ¡1;2 HBROLD . HOWARD 6036 INDRIO RD R-2 01 01 '{ ï N N 001 860 -584-23 3 ~ l1a3 STUHR, JESSICA 6036 INDRIO RD R-3 01 01 Y '{ N N 001 1 561-464-2960 1184 ARCHIBALD I DORIS 6036 INDRIO RD R-4 01 01 Y '{ N N OCl : 551-461-:'9;- 1:35 OWBNS. AL 6036 !~::JR¡O RD R-5 01 01 '{ Y N N OCl 1:95 DAMON, OSTIS 6036 INDRIO RD R-6 01 01 Y Y N N 001 561-4êS-otC:;:; ::a7 COBB, DONALD 6036 INDRIO RD R-7 o¡ 01 ï '{ N N 001 1 40"7-4B9-C346 :138 HBROr.!) , WALTER 6036 INDRIO RD R-8 01 01 ï Y N N oe: 516-221-6:4:3- ::91 C:.....tlLA, CARLOS .... 6033 INDRIO RD S-1 0: 01 '{ '{ N N GJ!. 551-46:-7-:3 1132 RICHMOND, DANIBL & JSNNIFER 6038 INDRIO RD S-2 01 01 Y ï N N 001 1 561-461-6993 :193 -=.AL~FF. BE',"'ERLY K. 60Ja INDRIO RD S-3 01 o¡ Y Y N N GO: 1 551-460-5:4: ::94 i:,õWIS, ROaSRT 6038 INDP.IO R.~ 5-4 0: Ol Y '{ N S- 00: 1 54:':-04:63 ::95 LAINE , JæYSTBN A. 6038 II«"DRIO RD S-5 01 0: Y Y N N eOl 1 56:-595-09";: 1:96 ADAMS, SYL-."'ESTA 6038 INDRIO RD S~6 01 01 ï Y N N 001 1 561-464-6434 ¡:97 BUHRMAN , DAN! S. 6033 ISDRIO !>-!) S-7 01 01 ï '{ N N 001 561-466-5~J:: 1198 HA.'oSMILL, MICHASL 6038 INDRIO RD 5...8 0: 01 Y '{ N N 0"''' S6¡-466-0S~2 1201 LLOYD, ROBBRT 6040 INDRIO RD '1'-1 01 01 Y Y N N 001 1 561-465-3676 ....,....., GRANDON, HERBSRT 6040 INDR!O RD '1'-2 01 M Y '{ N N o~· 1 :: :3 ReM, JOHN 6040 INDRIO RD T-3 01 01 Y Y N N 001 561-4:5-~:";'4 1204 HALL, RI CHARD T. 6040 INDRIO RD '1'-4 , 01 01 Y Y N N 001 1 561-466-6444 1205 HALL, BARBARA 6040 INDUO RD '1'-5 01 01 Y Y N N 001 1 561-466-6444 1206 LAPOLLETrB, DONNA 6040 INDRIO RD '1'-6 01 01 Y "{ N N 001 1 818-366-1555 1207 CUMPTON, BOB 6040 INDRIO RD '1'-7 01 01 Y Y N N 001 1203 TYDINGS, JOHN 6040 INDRIO RD '1'-8 01 01 Y Y N N 001 1 2101 HITCHOCK, ROBERT 5741 DBB? RUN 2A 01 01 Y Y N N 001 1 330-652-1650 2202 JOYNT, MARGARBT L. 5H3 DBB? RUN 2B 01 01 Y Y N N 001 1 561-464-6548 2203 JURCISEK, ANTHONY 5737 DBD. RUN 2C 01 01 Y Y N N 001 1 216-467-5054 2204 BRACKBN, STANLBY 5739 DBBR RUN 2D 01 01 Y Y N N 001 1 2205 THORNTON, S.C. 5733 DBB? RUN 2B 01 01 ï Y N N 001 1 561-489-8705 2206 KNOWLES, KAABN 5735 DSB? RUN 2F 01 01 ï Y N N 001 1 561-460-7821 2207 HBTHBRMAN, LOIS 5729 DBBR RUN 2G 01 01 ï Y N N 001 1 561-595-69:5 2208 JAMBS & JANET McCANN 5731 DBBR RUN 2H 01 01 Y Y N II 0'" 1 419-433-4-78 ::09 RBBD, CHARLES 5725 DSBR RUN 21 01 01 Y Y N S- 001 . 2210 A.'WONE, BNORDO 5727 DBER RUN 2J 01 01 Y y N N 001 1 JCl-689-5S3~ 2211 KBNNBDY, JAMBS 5721 DBBR RUN 2K 01 01 Y '{ N N 001 2212 HUMBBRTSON, HERMAN & COLLBEN 5723 DBSR RUN 2L 01 01 Y '{ N N 001 1 407-461-2070 2301 BS.AUMIBR, DON 5765 DBBR RUN lA 01 01 Y Y N N 001 1 2~O2 PETIT, A.A. 5767 DBBR RUN lB 01 01 Y Y N N 001 1 2303 NIELSEN, GLORIA 5761 DBBR RUN lC 01 01 Y Y N N 001 1 464-8701 2304 DBMKO, RICHARD 5763 DBB? RUN ID 01 01 Y Y N N 001 1 561-595-5718 2305 FLOOD, JAIME 5757 DBBR RUN 18 01 01 Y Y II N 001 1 A..~1-465-119" 2306 KORBN, R. & R. 5759 DBBR RUN IF 01 01 Y Y N N COl 1 561-466-4868 2307 BBLL, RAYMOND 5753 DBBR RUN lG 01 01 Y Y N N 001 1 2308 JOB KOREN 5755 DBB? RUN IH 01 01 Y Y N N 001 1 931-243-4244 -.------ ~ ....." HOLIDAY PINES SERVICE CORP CU$TCMSR LIST PRTN":'ED AT 13' : 06': C J-;.,(;.~: GS·:O-99 PRINTED IN ACCT N"v"MBSR ORCER S;¡'SCTION = ACc-r NUMBER>=OOOl and ACCT Nt."M5EP .~ _=9000 ." AC:::¡L'NT ~ C::STOMER N;"'''!5 SERVICE ADDP.E.5S RATE R~U7E A B - D STATUS MULT CY :¡EQ PHONE ====================================&================~============================================================================== 2309 HEARN, DSXTi>R 5749 DEi>R RUN II 01 01 Y 2'1 2'1 001 2310 e.:;.r:ER. ':'SR?I F. 5751 DEER RUN 1':- 01 01 - Y 2'1 2'1 001 ~311 8.~_"~U¡> , MSR:"~ 5745 D6E:R R,,"N u: 01 -- . Y N N 001 :312 GORMAN . MAR~';:N Si4i DESR RUN 11. 01 ,"". i' Y N N 001 S6:-S)5·~5SS 2401 RCS::¡SR, CIX:S 5717 DSER RUN 4A 01 01 1 .¡ N N 001 1 S61-H~-6P4 2402 H..""'¡LL. ¿;'R.A...~C!5 J. 5719 DSE:R RUN 43 01 ,.. 1 Y N N 001 2403 SNOW, DA':!D 5713 DEER Rú"N 4C 01 01 1 Y N N 001 2404 LA:"OI'l"l'AGNE, DAN 5715 DEER RUN 4D 01 01 Y Y N N 001 1 901-6B5-246: 2405 BROPHY, JOHN &, GRETCH:i>N 5711 DEER RUN 4S 01 01 Y Y 2'1 N 001 . S61-46~-2aO'":' 2406 3CSRSM';, ',¡:-",-:AN 5709 DBSR RUN 4F 01 ~.' Y Y N N 001 2407 RS::;:N;, RA.:. PH 5705 DEER RUN 4G n 01 'i Y N N 001 1 :408 NãSSSLROCð. DINO G. 5707 DEER RUN 4H 01 01 Y Y N N 001 :'¡~9 Bt;'R,1(OSKI, ALFONSS 5701 DSSR RUN 4I 01 01 ï Y 2'1 N 001 1 .:!-ìlO "SB3SP., SA~·ri)RA K 570J 'OõBR RUN 4J 01 Cl - Y 2'1 N 001 1 S61-46~-9646 '::50]1 F~5'=KSNS:-S:~ , SHIRLEY 5785 DSSR RUN 3,\ 01 C: Y y N N 001 1 250: CROWNINGSH:¡¡LD, RSNA 578i DSSR RUN 33 01 01 ï Y N N 001 1 561-454-221: 2503 CARPENTER. ?A!'RICIA 5781 DBER RUN 3C 01 01 Y Y 2'1 N 001 1 561-·i66-10H :504 M2ND!L:'C. ";,~HN 5783 DssP. RUN 3D 01 01 - Y N N 001 1 914-:~S-~CS9 :5iJ5 :';',-I S , J'OS;?H H. 5779 DSSP. Rú'N 3B 01 c¡ - y N N 001 .. 2506 BOWEN , M¡tLSR &, PHYLLIS 5777 DSSR RUN 3F 01 01 Y Y N N 001 1 301-68·9-9555 2507 HSIAO, TOM 5773 DBBR RUN 3G 01 01 ;: Y 2'1 N 001 1 813-972-4328 :50a GOSr..:t-t-a , C 5775 DSSR RUN JH 01 v.. Y Y N N 001 1 904-757-8:0& 2509 SIiVOS, WALLACS S. BsTTY' 5769 DBSR RUN 3I 01 01 Y Y N N 001 1 :SlO G\JC:::IO~b, DON 5771 DBBR Rú'N 3J 01- Cl ?~Y N N COl 1 :600 GO ¡.p t.AIŒ ~,t! LLAS POOr. AND BATHHOUSB 01 Cl ? Y N N 001 1 :001 I~'D!AN I'INBS GOr.P CLú13 INDIAN PI~-¡¡S GOLF CLUB 02 01 Y Y N N 001 1 914-997-00~6 J002 INDIAN PINEtS GOLF CLUB !NDIAN PINES GOLF CLua 02 01 Y Y 2'1 N 001 1 3003 INDIA.'" PINEtS GOLF CLua INDIAN PINEtS GOLF CLUB . 04 01 Y Y 2'1 N 001 1 561-464-7018 ..015 HaAXHERWAY APARTMBNTS HBATHiRWAY AP'I'S-SBB t.AST PAGB 06 01 Y Y N N 001 1 427-87;0 4818 !NDRIO CROSSINGS, INC. 4818 N. KINGS IIWY . 02 01 Y Y 2'1 N COl 1 4;36 I~,!)RIO CROSSING, INC. 4836 N. KINGS IIWY . 02 01 Y Y N N 001 , 561-460-844: . 4842 KaITH HART!..BY , CPA 4842 N. KINGS IIWY . 02 01 Y Y 2'1 N 001 1 407-464-1311 4846 DR. WILLIAJII ANGBLOS 4846 N. KINGS IIWY . 02 01 Y Y N N 001 1 4850 MGA, INC. /MOVIB GALIú!RY 4850 N. KINGS IIWY . 02 01 Y Y N N 001 1 4854 !NDRIO CROSSINGS 4854 N. KINGS IIWY 02 01 - Y 2'1 N 001 1 407-595-0350 4BSS Y'J'ONNB' S '!'P~VBL 4856 N. KINGS HWY. 02 01 Y Y 2'1 N 001 1 407-46.-6:5: 4870 WINN DIXn STORSS, INC. 4870 N. KINGS IIWY . 05 01 Y -i N N 001 407-578-402,\ 4880 SILtVA, PRANK 4880 N. KINGS IIWY . 02 01 Y Y N N 001 1 407~595-9773 48 a.¡ BSALL'S INC. STORS NO. 186 4884 N. KINGS IIWY . 03 01 Y Y 2'1 N 001 1 4888 T"_"B ¡¡ CK RSAL ':"Y rNC 4888 N. KINGS IIWY , 02 ,01 Y Y N N 001 407-456-4030 4890 S","BWAY-2979 4890 N. KINGS H"IIY. 02 01 Y Y N N 001 1 4832 SCOTTY'S !SC 4892 N. KINGS IIWY SCOTTY'S 02 01 Y Y 2'1 N 001 1 4898 MUSTARD SBSD MINISTRIBS 4898 N. KINGS HWY. 02 01 Y Y 2'1 N 001 1 5804 MBDIA ARTS GROUP 5804 INDIAN PINES BLVD 02 01 Y Y 2'1 N 001 1 551-468-7200 6001 MONA'S DOG GROOMING 4908 N. KINGS HWY. 02 01 Y Y N N 001 1 407-595-9898 6002 MONA'S DOG GROOMING 4906 N. KINGS IIWY . 02 01 Y Y N N 001 1 407-595-9898 6003 THB PUB GRILL 4904 N. KINGS IIWY . 02 01 Y Y 2'1 N 001 1 407-467-0240 6004 LAKBWOOD PARK LIQUORS 4902 N. KINGS HWY. 02 01 Y Y N N 001 1 407-465-1653 6006 MGA, INC. /MOVIS GALLBRY 4852 N. KINGS H"iIY . 02 01 Y Y N N 001 1 6017 WINN DIXIB STORBS, INC. 4862 N. KINGS IIWY . 02 01 Y Y N N 001 1 '-" 'wi HOLIDAY PINSS SSRVICS CORP CU5TOMSR LIST PRI?-IT¡¡D AT 13: 06: OJ'.....C"N 05-:0-99 PRINTED IN ACcr NUMBER ORDER SELEcrION = ACcr NUMBER>=OOOl and ACcr NUMB SR IS <=9000 A:::0UN7 ;I CUSTOMER NAME SERVICS ADDRESS RATE ROUTS A B C D 5TATU5 MüLT Cï SEQ rH:~¡E =========~===~================================================-=========================================================:=========== sora MUSTARD SEED MINISTRIES 4900 N. KINGS HWY. 0: 01 ï ï N N 001 SJ:9 I NDR I',J CROSSINGS 4886 N. KINGS HWY. 01 01 ï - N N 001 6:j:3 H ;. R BLOCK 4882 N. KINGS HW'{ . 0: 01 Y ï N N 001 S~~-4';:-S:2~ 60::4 WINN DIX¡S STORES, INC. 4860 N. KINGS HWY. 0: 01 y ï N N 001 5:):6 WINN D::X¡S STCRES, INC. 4858 N. KINGS HWY. 02 01 Y ï N N 001 ~ 5027 MGA, INC./MOVIE GALLERY 4848 N. KINGS HWY. 0: 01 Y Y N N JOl 05023 SHERIFF'S DEPARTMENT 4844 N. KINGS HWY. 02 01 Y Y N N OCI 6029 A ;. A WATER SOPSNING SYSTEMS 4840 N. KINGS HWY. 02 01 Y Y N N 001 1 56:-467-980: 6;:30 INDRIO CROSSINGS. INC. 4838 N. KINGS HWY. 02 01 Y Y N N 001 1 5031 Ph'YLISS PRSN'!"!CB 4834 N. KINGS HWY. 02 01 Y Y N N 001 : 56:-595-1533 6CJ2 INDRIO CROSSINGS 4832 N. KINGS HWY. C2 01 '( Y N N CCl 1 5J33 W.?!. HARMS ;. A.SSOCIA-rES, INC. 4830 N. KINGS HWY. 02 01 Y Y N N 001 1 60H W.H. HAit.'1S ;. A.SSCCIATBS, INC. 4828 N. KINGS HWY. 02 01 Y 'l N N 001 1 5~35 ¡SHU CORP/DBA DOLt.AA STORE 4826 N. KINGS HWY. 02 Ol y. - N N 001 561-.;a9-aS6~ 50)ó ISH"'''; CCRP!DBA DOLt.AA STORE 4824 N. KINGS HWY. 02 0: y - N N OCl . 56:·..;a::i-3S€¿ 6037 INDRIO CROSSINGS 4822 N. KINGS HWY. 02 01 Y Y N N 001 1 6J38 !NDRIO CROSSINGS. INC. 4820 N. KINGS HWY. 0: 01 'l Y N N 001 1 :: .~. 't ,_ :NDR:'~ :::;¡'QSS:NGS 48:6 N. KINGS HWY 02 - 'l Y N N 001 1 6~-tl INDRIO CROSSINGS 4814 N. KINGS HWY. c: c: - y N N 001 6:)42 RANGER DAN'S DINER 4810 N. KINGS HWY. 02 01 'l Y N N 001 1 407-~64-íJ1Sd 6·:·<) RA.>JGER DA.."i'S DINER 4812 N. KINGS HWY. 02 01 Y Y N N 001 1 '¡0"-.¡64-0:S: 6044 HOLLEY CONS7RucrION, INC. 4808 N. KINGS HWY. 02 01 Y 'l N N 001 1 56:-46--0533 6045 HOLLBY CONS'I'!WcrION. INC. 4806 N. KINGS HWY. 02 01 Y Y N N 001 1 S?1-559-S3JS 6046 HOLLEY CONSTRucrION, INC. 4804 N. KINGS HWY. ~ 01 Y Y N N 001 1 561-467-05;; 6C4-r COA.S'I'&. LOGICS - MEL WALK3R 4802 N. KINGS HWY. OS 01 Y Y N N 001 1 40ï-465-8:a: 6048 INDRIO CROSSINGS, INC. INDRIO CROSSINGS 09 01 ï Y N N 001 40"7'-31¡-SZCC . SO 50 MCDONALDS McDonalds-Indrio crossings os 01 y Y N N 001 4Cï-S95-9044 7001 SCHOOL BOARD-S'I'.Lt1CIB CN'I'Y LAXBWOQC PARK SCHOOL . OS 01 Y: Y: N N 001 1 7002 RIV"BRSIDE NA'!"L BANI< RIVBRSIDB BANI< OJ 01 Y N N N 001 ;:,=3 DOLIN INVESTMBNTS, INC. WATBRMILL EXPRESS 02 01 Y N N N 001 1 303-659-1573 70J4 LIST KINGS HWY VBN'I'URB , INC. KI:IG HWY VEN'I'"JRE 07 01 Y Y N N 001 7005 RIV1ŒSIDE NATIONAL BANK RIVERSIDE BANI< OJ 01 Y N N N 001 1 561-466-120: 7006 HARBOR FBDSRAL 5100 'I'URNl?IKB - HARBOR FBDERAL OJ 01 Y Y N N 001 1 7007 FAMILY: FOODS 5101 'I'URNl?IKB - F AM IL Y FOODS 03 01 Y: N N N 001 1 7008 LAKBWOOD PARK MBDlCAL CBN'I'BR PARKWAY PBBDBR RD-MBD C1iNTBR OJ 01 Y N N N 001 1 561-642-3506 7100 ST. LüÇ¡; COiJN'TY FIRS STATION 4900 FT PISRCB BL";:>-I"!RE DS?!' 13 "' Y Y N N 001 1 ~. ;1.01 ST.LUCIS COTJ"li'I'Y PUBLIC LIBRARY PUBLIC LIBRARY 13 01 Y Y N N 001 0 462-1615 ::C~ ~ LIBRARY ; fi~E MASTSR M B'l'BR M~ ~~E 01 01 N N N N 001 BOCO 5-STAR PLAZA 5-STAR I?LAZA 04 01 Y N N N 001 1 407-461-993a 8001- 5-STAR PLAZA 5-STAR PLAZA 03 01 'l N N N 001 561-468 ·3C5·~ a;)OJ SCOTT CAMBRON MOBIL - 5300 'I'tJRNP IKB FEEDER 03 01 Y N N N 001 aOC4 ECKBRD DRUG 4780 KINGS HWY-BCKBRD DRUG OJ 01 Y 'l N N 001 ,000 Jf. WASTE WATER TREATMENT PLANT INTERNAL MONITORING 01 01 N N N N 001 '-" 'W1 Attachment to Appendix I 2.02(P)(2) Connection paid for and not yet connected > Lakewood Park Congregation of Jehovah's Witnesses 6306 Ft. Pierce, Blvd Ft. Pierce, FL 34951 Victor Pitrowski 561-595-0327 , -... 'w1I -;~- APPENDIX I 2.02(P)(3) Connections lWt yet paid and not yet J;.onne~œd (Vacanl Lote; in Holiday Pines Subdivision) Lotµ' Lot ¡; Lot#- 7 234 364 1.0 ""0 365 _.J , 22 250 403 80 25ú 418 115 279 429 136 285 439 ,~ó 303 451 165 311 461 }69 312 476 181 332 479 189 337 , SO':J lQ1 :t18 ~I^ 192 347 524 193 349 528 196 3~1 538 225 360 S41 48 Vacant Lots (revised 5/24;99) 5/~4/Q9 C""r'\ .. -J I""'\I"'\C--"":C~?~T~ . D I -".. 'CI" I I ...u.-. ~ .. . ~........ 1:""0" ".._ _.-._ r_t_1 -...,. ....., - ~~- APPENDIX I 2.02(1-»(4) P~riodic p~cnts begun prior to closjll~ Yacanl Lots in Holiday Pines Subdivision' ,:>AFPI (S22.48) is hjJIed month]y and paid monthly Rate Scbedulc tt 11 _ .'\.çt.t'Lt1t µ. Colburn 274 Cameron 4(}O :~llomes ar: under CQllstruction aad accounts are bi11ed at 542.05 per moJlth and paid monthly. ~te Schedule !,!~ Cotton j 09 Coane 161 Cook 499 Eklund 519 Commercia.l Sfu;:;. , >.lndrio Crossing Shopping Center 6048 Rale Schedule. #9 ($368.29 ,~;; $212.1 ó 5; mo.-GRC) ';.L1Sl Ki"gs Highway/Rhodes tloldings 7004 Rate Schcdule#7 ($67.10 W; $38.03 s; mo/GRC) >r ,a1cewood Park Cot1!V~gation of lehovoh's Witncsses Rate Schedule #7 (Water only $67.10 rno.-GRC) 7103 (r~isod 5124/99) 5/24/99 ---------- '0' -'IIOIJI ........,<0:..11 --' Ac..,:c-n tc:tc:-+"'7-^~W - - ~ ..... "" AGENDA REOUEST ITEM NO.~ DATE: June 9, 1999 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ryder. Manager ~ SUBMITTED BYCDEPT): Human Services Beth SUBJECT: Application of the Drug Control and System Improvement Program (Edward Byrne) Grant for FY 99/00. BACKGROUND: See attached memo Number 99-60 FUNDS AVAIL: 75% funded by the grant and 25% funded by the three agencies participating in the program; the Port St. Lucie Police Department, the Ft. Pierce Police Department and the St. Lucie County Sheriff. PREVIOUS ACTION: On April 6, 1999, the Board authorized the Chair.man to sign the Certificate of Participation for the program. RECOMMENDATION: Staff recommends the approval of the submission of the grant application and authorization for the chair.man to sign all documents necessary for the grant. [ [ APPROVED OTHER: [ ] DENIED E: ION ACTION: s M. Anderson Administrator County Attorney:_X JI Management & Budget:_X Other: . Purchasing: Originating Department:x Finance: Check for Copy only, if applicable x '-' '-' c HUMAN SERVICES MEMORANDUM # 99-60 TO: Board of County Commissioners FROM: Beth Ryder, Human Services Managera~ SUBJECT: Application of the Drug Control and System Improvement Program (Edward Byrne) Grant for FY 99/00. DATE: June 9, 1999 On April 6, 1999, the Board authorized the Chairman to sign the Certificate of Participation for the Federal Drug Control and System Improvement Program which awarded $218,843 for all law enforcement units in St. Lucie County. The Port St. Lucie Police Department will be using the grant funds for a Crime Prevention (p.A.L.) Officer, the Ft. Pierce Police Department will be using the grant funds for a Crime Analysis of Distressed Neighborhoods Program, and the St. Lucie County Sheriff's Office for Communications 2000. All three agencies will provide the required 25% match. STAFF RECOMMENDATION: Staff recommends the approval of the submission of the grant application and authorization for the chairman to sign all documents necessary for the grant. '-' ....., June 8, 1999 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., St. Lucie County Board of County Commissioners approves the distribution of $ 218,043 (total allocation available) of Federal Fiscal Year 1999/2000 Anti-Drug Abuse Act funds for the following projects within St. Lucie County : Subgrantee (City or County) Dollar Amount Title of Project (Federal Funds) Community Crime Prev.(PAL) Officer $62,400 City of Port St. Lucie City of Fort Pierce A Crime Analysis of Distressed Nghbrhds $62,400 $94,043 St. Lucie County Sheriff Communications 2000 Sincerely, Paula A. Lewis Chairman ~ -."""I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance ThIs section to be completed by the Subgrantee: This section to be completed by SCA: SFY 2000 DCA Contract Number Contlnuaöon of Previous Subgrant? 0 Yes I5J No If Yes, entltr StIIte Project ID 1# of Previous Subgrant PAil: CFDA I: 16.579 Unique ID 1# A Names & Addresses 1. S t R ubQran eciplent Name of Chief EJected Official Honorable James F. Fielding Title Mayor Address 121 S.W. Port St. Lucie Boulevard City, State, Zip Code Port St. Lucie, Florida 34984 Area CodelPhone # (561) 871-5204 I SUNCOM # IArea CodeIFax # (561) 871-7382 2. Chief Financial Officer Name of Chief Financial Officer Debbie C. Shinn Title Finance Department, City of Port St. Lucie Address 121 S.W. Port St. Lucie Boulevard City, State, Zip Code Port St. Lucie, Florida 34984 Area CodeIPhone # (561)871-5190 I SUNCOM # IArea CodeIFax # (561)871-5203 3. Title Chief of Police, Port St. Lucie Police Department Address: 121 S.W. Port St. Lucie Boulevard City, State, Zip Code Port St. Lucie, Florida 34984 Area CodeIPhone # (561)871-5009 SUN COM # Area CodeIFax # (561)871-5251 4. Project Director and Contact Person, if different from Project Director Must be Em 10 ee s of Governmental 1m lementin A en Name of Project Director Anthony Vallcentt TItle Staff Administrator, Port St. Lucie Police Department E-Mail Address 121 S.W. Port St. Lucie Boulevard City, State, Zip Code Port st. Lucie, Florida 34984 Area CodeIPhone #(581)871-5030 SUNCOM # Area CodeJFax #(581~ Name and Title of Contact Person Abe Alvarez, Budget Analyst Address 121 S.W. Port St. Lucie Boulevard E-Mail Addresspslabe@gate.net City, State, Zip Code: Port St. Lucie, Florida 34984 Area CodeIPhone # (561) 871-5031 SUNCOM # Area CodeIFax #(581)871-6251 su~ Application Section II - Page 1 of 16 '-'" "'" SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance B. Administrative Data 1. Project Title (Not to exceed 84 characters, including spaces) Port st Lucie Police Athletic League 2. For Period Period Month Day Year Beginning October 1 1999 Ending September 30 2000 3. Is the Subgrantee or the Implementing Agency a Member of a Local Criminal Justice Advisory Councilor Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement for a description of board responsibilities.) Jl Yes D No C. Fiscal Data 2. Method of Payment œ Monthly D Quarterly (It is mandatory that the method selected be consistent throughout the entire grant period.) 3. Vendor '(Enter Federal Employer Identification Number of Subgrantee): I 59-8141662 4. SAMAS , (Enter if you are a state agency) I 5. Will the Project eam Project Generated Income (PGI)? DYes . No (See Section H., Paragraph 13 for a definition of PGI.) 6. WiD the applicant be requesting an advance of federal funds? CJ Yes IJ No (If Yes, a letter of request must be attached.) Subgrant Application Sec1ion If . Page 2 of 16 '-" ....., SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance D. Program Data Refer to the SFY 1999 BCA Grants Management Technical Assistance Workshop Manual, Section 5. Use this as a guide to assist you in completing Section D. Problem Identification. Briefly describ~ a specific problem to be addressed with subgrant funds. If you are seeking funds to continue existing project activities, your problem statement must also provide a short summary of your current program and describe any gaps between current and desired project results. ProQram Description. Briefly describe how project activities will address the targeted problem. Describe who will do what, when, where and how. SEE PAGE 2 OF INSTRUCTIONS ON ITEMS TO INCLUDE. Start below and use continuation pages as necessary. 1. Problem Identification The objective of this program is to reduce the incidence of crime, encourage at-risk youth to become involved in organized/supervised activities and to improve police relationships with the youth in our community. The Police Athletic League plans to improve relationships by facilitating youth participation in organized and supervised activities and by increasing the police presence in targeted area's with the targeted groupS.· . The primary target area is in our subsidized housing, low income area's on the east side of our city, although we will accept members from outside that area. According to the Port St. Lucie Police Department statistics for the 1998 and current fiscal year: calls for service and arrests for illegal substances or other deviant behaviors is at the highest point in that area. Another documented problem is juvenile delinquency resulting in vandalism, burglary and thefts. The police department's desire is to create or expand the Police Athletic League activities with this grant. '- Adding to our delinquency problems is the large percentage of-working parents who must travel outside our city for work, leaving behind latch key children while parents are working and traveling. The City of Port St. Lucie Police Department currently identifies additional problems via community policing initiatives i.e. community organization meeting, Crime Watch meeting etc. Program Description The Port St. Lucie Police Athletic League will develop and implement successful programs to address our problems. Currently the Police Athletic League collaborates with a number of organizations in our community i.e. City centers, roller rinks, bowling alleys etc. Although our Police Athletic League is currently a small organization, funding from this grant will help us expand to address current and future problems. Oraanizational Structure The Police Athletic League is operated through the City's Police Department in cooperation with a Police Athletic League Board of Directors. The Board of Directors, which is a mixture of members of the police department and business professionals in our community, oversees the operation and provides a means for public review and input. SubgrantAppffcaäon Secöon II - Paae 3 of 16 ~ ...., SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Numbers and Types of Personnel Currently, all personnel are volunteers. Plans are for a full time, paid Executive Director (Police Officer) to manage the programs. A part time Program Assistant (civilian) will be hired to assist with programming. The Police Departments Community Programs Secretary assists with office work and volunteers are used as coaches, or for special events and transportation. The Police Athletic League Executive Director reports to a Police Commander and the Police Athletic League Board of Directors. Equipment and Facilities The Police Athletic League will need to purchase some recreational and educational equipment for use in activities. Transportation is currently provided in a collaborative effort with a local transportation service; However, an seven-passenger mini-van is sought for new and additional activities. The Police Athletic League program is operated from a rental warehouse located at 1692 S. E. Village Green Drive on the east side of the city. Programs are held at various locations which can be moved as . necessary. Target Population and Service Delivery Children ages six to eighteen are targeted in a variety of planned sports and recreationaVeducational activities. By bringing Police Officers, concerned citizens and at risk youth together, the Police Athletic League hopes to deter crime and foster positive life experiences for youth who are at risk of engaging in delinquent activities related to drugs, alcohol and crime. The Police Athletic League will focus on facilitating participation in existing programs and by developing new programs at our facility and other collaborating centers. The Police Athletic League's approach involves a broad range of collaborative community efforts. The following is a list of specific activities: '* continue our community policing initiatives and work closely with community organizations. . take part in our city beautification project on "Clean-up Port St. Lucie" weekend. participate in various sporting events and tournaments such as baseball, golf, roller hockey and boxing. provide a latch key program to include various sporting, educational and recreational activities. * * * work together with D.A.R.E. Officers and School Resource Officers to re- emphasize drug and violent crime prevention/education. collaborate with local Elks Lodge (send a P.A. L. to camp) to allow a few Police Athletic League participants to enjoy the Elks Summer Camp (free of charge). participate in statewide Police Athletic League events and national Police Athletic League events. Police Athletic League will operate year round and provide support to other collaborative organizations. * . * SubgrantA~icaÖðn ':;"rfi,.", /I _ P,.rw> 4 of 111 '-' -....,.I SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance Performance Objectives for Purpose Area 04.A Community Crime Prevention Identifier 04A01 Provide 50 alternative drug free events. (Alternative drug free events would include such things as sporting games, field trips, parties, etc., i.e., any participatory event designed to strengthen the anti-drug message and bond those participating in the event.) 04A 02 Present 25 crime and substance abuse prevention education classes. 04A03 Conduct 25 life skill development education classes. 04A09 Conduct 4 community service projects which may include neighborhood clean-up campaigns. 04A 15 Provide academic tutoring to 5 students. Subgrant AppIicatioll ~.,..H,.," " _ 021"Wt .": nf 1'; ~ ......, SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance D. Program Data (Continued) Activities Implementation Schedule. Complete the Activities Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An ·X· has been inserted for reports that are mandatory for all projects. Place an additional "X· to indicate ones applicable to your project. Delete the activity/action that does not apply to your project; i.e., if your project does not earn PGI, delete that activity from this schedule. ACTIVITIES IMPLEMENTATION SCHEDULE Subgrant Period 10-1-99 - 9-30-00 (Beginning Date - Ending Date) ACTIVITY/ACTION Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Submit Monthly Claims X X X X X X X X X X X X (Financial Reimbursement Requests) - - Submit Financial Closeout Package X Submit Quarterly Program Reports X X X X Drop in program at P.AL center X X X X X X X X X X X X PAL travevtoumament Roller X X X X X X X X X X X X Hockey PAL Boxing X X X X X X X X X X X X PAL. Summer Golf Camp X X X Drug/Crime Prevention X X X X X X X X X X X X Community Collaborations X X X clean-ups, parades etc. StatelNational PAL. events X X X X X X X X X X X X SubgrantApplicaððn ,c::..,r.#roro " _ P"'fM ¡; flf 1¡; ~ -."""I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance E. Program Objectives and Performance Measures Complete uniform program objectives and performance measures (found in Appendix V) for the federally authorized program area you want to implement. Your application is not complete without them and an incomplete application will not be considered for subgrant funding. If the program area you selected does n,ot have uniform program objectives published in this document or if you cannot relate your objectives to those stated, contact Tom Bishop at 850/488-8016 for further instructions. DO NOT mix objectives from different Program Areas. Start below and use continuation pages as necessary. 1, Increase youth participation in NationaVFlorida Police Athletic League activities (or other youth related activities). Performance measure 1 (A) provide new or expanded programs for 150 youths during grant cycle. This will be measured and documented by program rosters. Performance measure 1 (B) provide no less than 10,000 contact hours of new or expanded Police Athletic League or other youth programming. Participation rosters wil1 document participation. Performance measure 1 (c) provide supplies for center operation. 2. Facilitate community service projects. Performance measure 2(A) facilitate at least 20 hours of community service during grant cycle. These projects will include community clean ups after festivals or events as well as the annual City of Port St. Lucie Beautification Project. Participation by youth in parades will also be included. 3. Building communication and rapport between Law Enforcement and youth. Performance measure 3(A) Police Athletic League and Police Staff will act as mentors and provide an additional 5,000 contact hours with youth. Rosters and attendance reports will document this. Performance measure 3(B) Police Athletic League will conduct criminal background checks on all employees and volunteers in accordance with the Florida Department of Juvenile Justice standards. Documentation will be kept on each individual. 4. Provide life management or other related educational components to participating youths. Performance 4(A) educational components will be provided where appropriate and program rosters will be used to track youth participation. SubgrantAppiicaâon c:",...........,.. II O~.....ØI 7 ", fR ~ """ SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance SubfTant AppIicMiòn S"ction /I - Paae 8 of 16 '-' .....,I SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Loeal Assistance F. Project Budget Narrative You must describe line items for each applicable Budget Category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition, describe specific sources of matching funds. Start below. and use continuation pages as n9C9ssary. Port St. Lucie Police Department St. Lucie County Youth Program Community Crime Prevention (P.A.L.) Officer Matching funds for this project will be provided by the Port St. Lucie Police Department's Law Enforcement Trust Fund and/or the City's General Fund. Procurement Method: The Police Athletic League (PAL) materials related to this project will be purchased in accordance to the City of Port St. Lucie Purchasing rules and . regulations. SALARIES AND BENEFITS: One Officer Salary (entry level)................. One P.A.l. Part-Time Assistant Salary...... Overtime Salary... ............... ..... ............ ...... Special Pay I Incentive............................... FICA @ 6.2%............................................. Medicare @ 1.45%..................................... Retirement (officer only)............................ Health Insurance (officer only).................. Workmen's Compensation. ........ ..... ............ Unemployment Compensation............ ...... Total Salaries and Benefits: BUDGET SUMMARY Salaries and Benefits...................... Expenses (see supplement attached)......... Operating Capital Outlay.................. Total Budget: BUDGET BREAKDOWN Federal Support @ 75%..................... Local Matching Funds @ 25%................ Total Budget: $ 28,000 $ 9,100 $ 1,500 $ 480 $ 2,423 $ 567 $ 3,148 $ 6,542 $ 605 $ 195 $ 52,560 $ 52,560 $ 6,140 $ 24.500 $ 83,200 $ 62,400 $ 20.800 $ 83,200 Subgrant ApplicstÍõn ~1"t,..1;,..,..." O~.--. 0 ", 1~ '-" '-' SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance Expenses: Gas & OiL.............................................................................. Repair & Maintenance (vehicle)............................................. (Striping of PAL Mini-Van) Travel Expenses...................................................... ............... (PAL conferences & state trips) Insurance (liability)................................................................... Repair & Maintenance (office equip)........................................ (Color copier maintenance for PAL @ $8S/mo.) Office Supplies......................................................................... (includes desk supplies, certificates, T-shirts, etc.) Operating Supplies.................................................................... (includes uniforms, cleaning & shoe allowance, film, batteries, installation of radios, etc.) $ 1,000 $ 300 $ 1,500 $ 350 $ 1,020 $ 620 $ 850 Training........... ........ ......... .......... ........................ ......................... $ 500 (Registration fees for conferences and state trips) Total Expenses: $ 6,140 Operating Capital Outlay: Mini-Van (7-passenger for PAL).................................................. $ 18,300 Radios (mobile & portable).................... ..... ........ ............. ............ $ 4,100 Laptop for PAL Officer.......... .............. ........ ................................. $ 1,600 Weapon for PAL Officer.............................................................. $ 500 Total Capital Outlay: $ 24,500 All purchases will be made in accordance with existing federal, state, and local laws and regulations. Also, the PAL positions result in a net increase of 1 sworn position and 1/2 civilian position. SubgrantA~icaüón <::ø,..¡;".. 1/ _ p",.,.. 1( "f 1f; '-' ...., SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance G. Project Budget Schedule The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services. Expenses, Operating Capìtal Outlay (OCO), Data Processing Services, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. Type or Print Dollar Amounts Only In Applicable Categories and Leave others Blank. Budget Category Federal Matc1't Total Salaries And Benefits $39,420 $13,140 $52,560 Contractual Services Expenses $4,605 $1,535 $6,140 Operating Capital Outlay $18,375 $6,125 $24,500 Data Processing Indirect Costs Totals $62,400 $20,800 $83,200 Su..nt AppIk:atJon Section 11- Page 11 of 16 '-' ,.."", SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Ass/stance H. AcceDtance and Aareement All persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and Agreemenf' conditions. This "Acceptance and AGreement" 'Section H) must be returned as part of the completed application. Note Condition No. 12: Only project costs Incurred on or after the effective date of this agreement and on or prior to the termination date of a recipient's project are eligible for reimbursement. Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Non-compliance will result in project costs being disallowed. The term "department", unless otherwise stated, refers to the Department of Community Affairs. The term "Bureau", unless otherwise stated, refers to the Bureau of Community Assistance. The term "subgrant recipient' refers to the goveming body of a city or a county or an Indian Tribe which performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "Implementing agency" which is a subordinate agency of a city, county or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). . 1. Reports a. Project Performance Reports: . The recipient shall submit department Quarterly Project Performance Reports to the Bureau by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "originar project period, additional Quarterly Project Performance Reports shall be submitted. b. Financial Reports: The recipient shall have a choice of submitting either Monthly or Quarterly Rnancial Claim Reports [DCA-CJ Form-3(A-G) Revised 09/98J to the bureau. Monthly Reimbursement Claims (1-11) are due thlrty~ne (31) days after the end of the reporting period. Quartérly Reimbursement Claims (1-3) are due thlrty~ne (31) days after the end ofthe reporting period. A final Rnancial Claim Report and a Criminal Justice Contract (Rnancial) Closeout Package shall be submitted to the bureau within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "finar'. Before the ''finar claim will be processed, the recipient must submit to the department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. The recipient shall submit department Quarterly Project Generated Income Reports to the bureau by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Paragraph 14. Program Income.) c. Other Reports: The recipient shall submit other reports as may be reasonably required by the bureau. All required reports, instructions, and forms shall be distributed with the subgrant award. 2. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the bureau. Subgrant Application SAclion /I - Paoe 12 of 16 '-' ....., SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance All expenditures and cost accounting of funds shall conform to Office of Justice Programs RnanciaJ Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety). 3. All funds not spent according to thi~ agreement shall be subject to repayment by the recipient. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs Rnancial Guide, U.S. Department of Justice Common Rule for State and Local Governments. and in applicable state statutes. The departmenfs approval of the recipient agreement does not constitute approval of consultant contracts. 4. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Programs Rnancial . Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular No. A-87, "Cost Principles for state and Local Governments", or OMB Circular No. A-21, "Cost Principles for Educational Institutions". Allprocedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or Attachment ..0" of OMB Circular No. A-110 and Florida law to be eligible for reimbursement. 5. Travel All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the department prior to commencement of actual travel. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Rorida Statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Rorida Statutes. 6. Written Approval of Changes in this Approved Agreement Recipients shall obtain approval from the department for major changes. These include, but are not limited to: a. Changes in project activities, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the department. d. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 7. Reimbursement Subject to Available Funds The obligation of the state of Florida to reimburse recipients for incurred costs is subject to available federal Anti-Drug Abuse Act funds. Subgrant~;ca~ðn Sf.,:ffon /1- PIf(76 13 of 16 '-' ....,¡ SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance 8. Advance Funding Advance funding is authorized up to twenty-fIVe (25) percent of the federal award for each project according to Section 216. 181(14)(b), Ronda Statutes (1991); the Office of Justice Programs RnanciaJ Guide, U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a recipient upón a written request to the department justifying the need for such funds. This request, including the justification, shall be enclosed with the subgrant application. 9. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the bureau indicating steps to initiate the project, reasons for delay and request a revised project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the bureau, again explaining reasons for delay and request another revised project starting date. Upon receipt of the ninety (90) day letter, the department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other department approved projects. The department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 10. . Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 11. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: a. Supplies or services to be furnished by the consultant were obtainable from other sources, b. The department ordered the recipient in writing to procure such supplies or services from other sources, and c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingty.1 Subgrant App/icatfon c;,.",tinn /I _ P,.".. 14 of 16 '-" '-" SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance 12. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs Incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's' employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 13. Program Income (also known as Project Generated Income) Program income means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs Rnandal Guide, U.S. Department of Justice Common Rule for State and Local Government. Reference: The Cash Management Improvement Act of 1990). 14. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the department shall impose sanctions it deems appropriate including withholding payments and cancellation. termination or suspension of the agreement in whole or in part. In such event, the department shall notify the recipient of its decision thirly (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 15. Access To Records The Department of Community Affairs; the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; and, the Auditor General of the State of Florida, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs Rnandal Guide. U.S. Department of Justice Common Rule for State and Local Government. The department reserves the right to unilaterally terminate this agreement if the recipient, implementing agency or contractor refuses to allow public access to all documents, papers, letterS, or other materials subject to provisions of Chapter 119, Rorida Statutes, and made or received by the recipient or its contractor in conjunction with this agreement. 16. Audit a. Recipients that expend $300,000 or more in a year in Federal awards shall have a single or program- specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Rnandal Assistance. The contract shall be identified as federal funds passed-through the Florida Department of Community Affairs and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the department and will be retumed to the recipient. c. The recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. Subgrant AppIicatiofl Søction /1- Pane 15 of 16 '-' ....., SFY 2000 Drug Control and System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local Assistance e. The recipient shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the department. f. If this agreement is closed out without an audit, the department reserves the right to recover any disallowed costs identified in ari audit completed after such closeout. g. The completed audit reports should be sent to the following address: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, Florida 32399-2100 17. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs shall be submitted on the DCA-CJ Form 3(A-G), Revised 09/98, prescribed and provided by the bureau. A recipient shall submit either monthly or quarterly claims in order to report current project costs. All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. 18. Retention of Records The recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 19. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Rnancial Guide, U.S. Department of Justice Common Rule for State and Local Government) or the federal OMB Circular A-110, Attachment N, Paragraph 8. . 20. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Rnancial Guide, U.S. Department of Justice Common Rule for State and Local Government) or the federal OMB Circular A-110, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 21. Disputes and Appeals The department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the department's decision. If the recipient appeals the department's decision, it also shall be made in writing within twenty-one (21) calendar days to the department's clerk (agency clerk). The recipient's right to appeal the department's decision is contained in Chapter 120, ROOda Statutes, and in procedures set forth in Rule 28-106.104, ROOda Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Rorida Statutes. SubgrantAppiicaUoq Section 11 - Page 16 of 16 \w' \wi SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the bureau, of the U.S. Department of Justice Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Publication or Printing of Reports a. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the department for its review and comment. b. Publications or printed reports covered under a. above shall include the following statements on the cover page: (1) ''This report was prepared for the Florida Department of Community Affairs, Steven M. Seibert, Secretary, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance." The next printed line shall identify the month and year the report was published. (2) ''This program was supported by grant # awarded to the Department of Community Affairs, State of Florida, and by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." (3) ·Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida Department of Community Affairs, the U.S. Department of Justice, Office of Justice Programs, or any other agency of the state or federal government. 24. Equal Employment Opportunity (EEO) No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Public Law 89-564, Non-Discrimination Requirements of the Anti-Drug Abuse Act of 1988; TdJe IV of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended; TdJe IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. The recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering Into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (8) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). Any state agency, county or city receiving $500,000 or more in federal Anti-Drug Abuse Act funds shall submit its equal employment opportunity plan, andlor the most recent update, with its application, for submittal to the U.S. Department of Justice, Bureau of Justice Assistance for approval. 25. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). Subgrant AppIIcaöof! Secöon" - Page 17 of 16 '-' -......I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance I. In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, Including strike-overs, whiteout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance By: Type Name and Title: Clayton H. Wilder. Community Proaram Administrator Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) James . FEID Number: 59-6141662 Implementing Agency Official, Administrator or Designated Representative By: £, Skinner. Chief of Police Dat. 5/26/99 Subgrant~caâDn Section /I - Page 21 of 16 '-' ...." CITY OF PORT ST. LUCIE POLICE DEPARTMENT 121 S. W. Port St. Lucie Blvd. . Port St. Lucie. Florida 34984 John M. Skinner Chief of Police May 26, 1999 Mr. Gayton H. Wilder Cormnunity Program Administrator Bureau of Cormntmity Assistance Department of Corrnnunity Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Wilder: (561) 871-5000 340-2013 (FAX) In compliance with State of Florida Rule 9B-61.003 (4) (d), F.AC., the City of Port St. Lucie approves the distribution of $218,843 (total allocation available) of Federal Fiscal Year 1999/2000 Anti-Drug Abuse Act ftmds for the following projects within St. Lucie ColUlty: Subgrantee City of Port St. Lucie City of Fort Pierce St. Lucie ColUlty Title of PrQject Cormnunity Crime Prev. (pAL) Officer Crime Analysis of Distressed Nghbrhds Dollar AmolUlt $62,400 $62,400 $94,043 Cormnunications 2000 Sincerely, :/~/ ames F. Fielding / Mayor, Port St. Lucie JF/aa ~ - An Internationally Accredited Law Enforcement Aqency An Equal Opportunity Employer '-' ,...., SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance CertHication of Compliance with . Equal Employment Opportunity fEEO) Program Requirements - Subgrantee I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): - W Meets Ad Criteria o Does not meet Act Criteria I affinn that I have read the Aå. aiteria set forth in the Subgrant Application t' Instructions. I understand that if the Subgrant Recipient meets these aiteria, it must fonnulate, implement and maintain a written EEO Plan relating to.employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): o Has a current EEO Plan D Does not have a current EEO Plan I further affirm that if the Subgrant Recipient meets the Ad aitéria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Date: S- - '2.. ~ -'} Cj Signature of Authorized Official: ~~~ ¿ Name: James F. Fielding Title: Mayor Subgl'llnt Ap~;cation Ptlckage EEO Certification - Implementing Agency Appendix 1/ - Page 1 of 2 ~ "-" SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial StIt8 and Local Assistance CertfflCation of Compliance with Equal Employment Opportunity (EEO) Program Requirements - Criminal Justice Agency I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Ad of 1968 as amended, that this Criminal Justice Agency . . . (Select one of the following): - W . Meets Act Criteria o Does not meet Act Criteria I affirm that I have read the Ad· aiteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these aiteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency . . . (Select one of the following): W Has a current EEO Plan o Does not have a current EEO Plan I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name: John M. Skinner Titfe: Chief of Po1ice Signature of Authorized Official: Date 5/24/99 r~¿¿ Subgrant Application Package EEO Certification - Implementing Agency Appendix 1/ - Pøge Z of 2 .....,. \"",,1 SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Automated Data Processinq (ADP) Eauipment Fo"" Authorized Official for Subgrant Recipient Type Name: James F. Fielding Type TrUe: Mayor Signature: Telepho Number: (561) Date: 5 - 2" -CfC¡ Info"""'¡on must be provided to adequately respond to all applicable issues /1stsd below ,. I. A description of the ADP hardware and/or software you ptan to purchase, including: A- Number of units and projected cost of each; B. Equipment specifications including disk drive storage space, amount of random access memory, rniaoprocessor siZe and speed, and any other pertfnent system spedfications. If a network is purchased, specify the type of file server, hublrouttn, network cards, network wiring and installation costs. If a printer is purchased. indicate the type of printer induding brand. modef, dot matrix. laser, type of print (black or colo", additional memory, and font cartridges. C. A brief description of how the proposed equipment wiD be used to further grant objectives. 2. Certify that ADP hardware and software procurement compßes with existing federal. state, and local laws and regulations. Attach a copy of your aurent procurement procedures. 3. If ADP hardware will be purchased, describe the A!SU1ts of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If ADP software will be developed, explain why already produced and 8Y8itabte sof\want will not meet the needs of this subgrant. 5. If your purchase of ADP hardware. software or combination thereof will be from a sole source and is $100,000 or more, complete a Sole Source Justification Form and attad1 it. (Appendix IV). NOTE: For all proposed ADP purchases, an ADP Equipment Fonn must be completed and submitted to the Department of Community Affairs for approval. Pmviowc 9ditiorrs obsolete Fonn ADP-1 \- ~ -... '-'" SFY ZtJ({ DtUg Control and Sysåtm Impmvvment Fótmu/a Gf'IInt Progf'llm Edwtltd Byrne ~I StaØ and Local ~nc. Automated Data Processing IADPJ EauiDment Fonn Proposed Purchase: One (1) Panasonic Toughbook 45 Laptop or equivalent. Projected Cost: Approximately $1,600. Specifications: Pentium II Processor 266PE MHz, 12.1" Active Matrix Color LCD, Integrated 24x CD Rom and FDD, Up to 4GB Hard Disk Storage, Magnesium Alloy LCD Case, 256 KB On-die L2 Cache, 32 MB Ram standard - expandable to 160 MB, Soundblaster Pro compatible, 87 Key, Windows 95 ready keyboard, High Performance Lithium Ion Battery, AC Adapter, Microsoft Windows 95 operating system, setup, and diagnostics. Justification: In order to accomplish our goals of delinquency prevention, reduction of drugs and violence in at-risk youths, much of the P.A.L. program involves communication and interaction with võrious police department employees, other city departments, other law enforcement agencies, civic organizations, youth groups, and school employees. The laptop with e-mail capabilities would greatly enhance our communication and coordination efforts. It would also be used to prepare program certificates, programs, invitations', flyers, business correspondence, inter-officè memorandums, monthly, quarterly, and annual reports. This in- house preparation would save time and money. Identifier 04A.01 CUA.02 04A.03 CMA.CM 04A.05 -: ,..' 04A.06 04A.07 04A.08 04A.09 . 04A.10 04A. 11 04A.12 04A.-13 . CMA.14 CMA.15 04A.18 04A.17 1~ OÞjectJves -. -. - _. ~ .~~ identifier 048.01 048.02 CMB.03 CMB.CM 048.05 CMB.œ 048.07 048.08 048.09 048.10 . 048.11 CMB.12 12 Objectives , Identifier 005.01 005.02 2 Objectives \ "- ....." SFY 2000 Drug Control and Syshtm ImprovetrJent Fonnul. Gnrnt progl'llm Edward Byrne Memorial SÞte and Local Assistance Perfonnance Objectives for Purpose Area . 04A Community Crime Prevention Provide 5 0 alternative drug free events.[AltemaWe drug free events would indude such things a sporting games, field trips, parties, etc., i.e., any participatory event designed to sttengthen the antM:lN message and bond those participating in the event.] . Present 2 5 crime and substance abuse prevention education dasses. Conduct 2 5 life skill development education dasses. Create, expand, or enhance community, neighborhood or schoo' based recreation prog~' Conduct _ meetings with community leaders for the purpose o( identifying neighborhoocf probfem: and devetoping proposed solutions and support groups. [Activities underthis objecdve should be repartee separately from those which are undertaken in conjunction with Neighborhood Watch and Busines Watch Programs.] Conduct citizen patrols.· Conduct security ŠUrveys of homes or businesses: COnduct Neighbortlood Watch meetings. Conduct 4 community service projects which may indude neighbortlood dean-up campaigns. Develop media packages. Provide children with Summer Camp activities. Provide Individualslfamilies with crisis intervention or counseling services. Provide IndMduaJs with escort services. Provide Operation ID services to households. Provide academic tutoring to 5 students. Provide families with comprehensive assessments. Provide a citizen hot Une which rltlks citizens who suspect aiminaJ activity willi law enfarœment. Perfocmance Objectives fot Purpose Area 048 Community Poßdng Provide community service events indadfng neigttbomood dean-ups. Provide bicyde patrol to designated areas of a law enforcement jw1sdictIon. Provide alternative drug-free events.. Hold meetings with community leadelS for the purpose of identifying problems and devising COnduct cr1me prevention education dasses far sd100t or cammunIy groups.. Provide peepe with a1sis intervention or counseling ~ Create, enhance or expand community. neighbortlood or school-b8sed rea'UIIan center programs. Provide a dtlzen hot line that links citizens who suspect a1minal acttvfty to the potIce. Conduct security surveys of homes and businesses. Conduct neighbortlood watch meethlQS. Conduct citizen patrots. Provide Operation 10 services to " households. Perfonnance Objectives for Purpose Area 005 Disrupting illicit Commerce Arrest offenders on property crime I robbery charges. Conduct surveillance of potentiaJ burglary I robbery sites. Uniform Program PetformMCe 0bjectIw Subvant Applcatton PecMge ...____~.. t, ~_,,___ .. r .,. ,. þ ~ .-..",; SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance This section to be completed by the Subgrantee: Continuation of Previous Subgrant? X Yes 0 No This section to be completed by SCA: SFY 2000 OCA Contrad Number " If V.., enter State Projed 10 # of Previous Subgrant Unique 10 fI PAll: 118 CFOA #: 16.579 A. Names & Addresses 1. Subarant Recipient Name of Chief Elected Official: . Paula Lewis Title: Chainnan, St Lucie County Board of County Commissioners Address: 2300 Virginia Ave. City, State, Zip Code: Fort Pierce, FL 34982 Area Code/Phone#: I SUNCOM # TArea CodeIFax #: (561) 462-1451 259-1478 (561) 462-2131 2. Chief Financial Officer Name of Chief Financial Officer: Christlann K. Hartey Title: Finance Director Address: 2300 Virainla Ave. City, State, Zip Code: Fort Pierce, FL 34982 Area Code/Phone #: I SUNCOM'II: IArea CodeIFax 'II: (581) 462-1476 251-1471 (581) 462-1814 3. Government R Bible for Robert C. KnowIe. Title: Sheriff Address: 4700 W. Midway RoMI City, State, Zip Code: Fort PIerce, FL 34981 Area CodeIPhone #: SUNCOM'II: Area CodeIFax #: (Hi) 462-3205 258-3201 (511) 412-3218 4. Project Director and Contad Person, if different from Project Director [Must be EmDlovee(s) of Governmental I Name of Project Director: .chMI A. Font Title: Grant Coordinator IE-Mail Address: mlke-fordClmen.com Addre88: 4700 W. Midway RoMI City, State, Zip Code: Fort PIerce, FL 34911 ...... CodeJPhone #: I~ ~ CodeIF.t: (IIi) 412-3331 . (.1)....... ~ and Title of Contact PenIon: .cha" A. Ford, GIw1t CoordInator Address: 4700 W. Midway Road E-MaHAddreø: ~ City, State, Zip Code: Fort Pierce, FL 34111 Area Code/Phone #: I SUNCOM " IArea CodeIFax #: (561) 462-3301 259-3301 (581) 462-36051 (561) 462-3211 Section " - Peø- 1 of 1. S~tA~kat~n ¡ p: '-" ""'" SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial Stllte and Local Au/stance B. Administrative Data 1. Projed Title (Not to exceed 84 charaders, including spaces) St. Lucie County Sheriffs Office, Communications 2000 2. For Period Period Month Day Year Beginning October 1 1999 Ending 000 3. Is the Subgrantee or the Implementing Agency a Member of a Local Criminal Justice Advisory Council orn Substance Abuse Policy Advisory Board. Coalition. or Council? (See the Program Announcement for 8 description of board responsibilities.) Yes C. Fiscal Data 2. Method of payment: QuarWty (It is mendatory that the method selected be CXJI.......1IrDughaut lie entire ... period.) 3. Vendor" (Enter F8derøt Employer ldenlllcdon NunMr., 9t* ....): I 5&«)00835 4. SAMAS tI (Enter If you are a state agency) I I· 5. \MIl'" PIqeet .-n Ptqect GennIId ...... (POI)? No (See 8ecØon H., Pel.. 13 for. ~ of POI.) 8. VVIII thellppliœ1t be .......... an 8dYMOi at........ ....? No (If Ves. . letter of request mutt be 8tt8ched.) Subgrant ApplIcation Section II - p"ge 2 0118 f " ~ '-' SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance D. Program Data Refer to the SFY 1999 SCA Grants Management Technical Assistance Workshop Manual, Section 5. Use this as a guide to assist you in completing Section D. Problem Identification. Briefly describe a specific problem to be addressed with subgrant funds. If you are seeking funds to continue existing project activities, your problem statement must also provide a short summary of your current program and describe any gaps between current and desired project results. Proaram DescriDtion. Briefly describe how project activities will address the targeted problem. Describe who will do what, when, where and how. SEE PAGE 2 OF INSTRUCTIONS ON ITEMS TO INCLUDE. Start below and use continuation pages as necessary. I. Purpose: This project is a continuation of the previous year's project and will complete phase II of the 4-year communications enhancement plan (see timeline). The purpose of this project is to enhance the information transfer and sharing... capabilities of the public safety agencies in St. Lucie County by developing an integrated Criminal Justice Information and Communications system. This system will concentrate on placing time-critical information in the hands of Patrol Officers, Investigators and Caseworkers, resulting in better intralinter-agency information flow, analysis and problem solving. II. Problem Identification: Currently in St. Lucie county there are 13 Public Safety Agencies, all of which operate on different radio bands. The county has a wide area computer network (WAN), which encompasses the Sheriff's Office, County Administration, 14 Fire Stations, 2 Police Departments, the State's Attorney, the County Jail, the Florida Department of Law Enforcement with links to the Federal Bureau of Investigation (Tab A). Although this system has basic communications and information transfer capabilities, the current database is not sufficient to handle complex information management tasks. Further, there is no system in place to transmit critical information to patrol officers in the field. Patrol officers and field investigators working a case, do not have access to adequate information on a real- time basis. This affects all areas of public safety in St. Lucie County especially, Proactive Enforcement, Domestic Violence and Officer Safety. A. Proactive Enforcement has two major components, visible presence and problem solving; 1. Visible presence: Currently, patrol officers type their reports into a laptop computer on the scene. The Officer must then, drive to the headquarters building and print the report for a supervisor's ~. This print/approval process takes 1 hour on the average. Con8idering the number of reports aenerated each day, physicaUy printing the repafIa at the headquarters effectively takes 6 officers "off the street" every 24 -hour period. 2. Problem Solving: Once reports are approved, they are re-keyed into a limited computer database. This database is only sufficient to generate the most general statistical information. Investigators and Crime analysts must also manually enter these s~me report:; into differe,:,t software in order to generate a monthly crime analysIs report. T~ls results in out-of-date information and an inability to analyze trends. ThiS, in turn precludes a proactive approach to law enforcement. Sub{rant Application Section II - Page 3 of 16 , ~ .....,; SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local AssIstance B. Domestic Violence: 1996 statistics for St. Lucie County, show 6,778 calls for service which were Domestic Disturbance related. Of these, 1199 resulted in arrest/prosecution (Tab B). A significant number of Domestic Violence cases are handled improperly because the patrol officer handling the call is unaware of the history behind it. Because he or she is not aware that this is not a single incident, but part of a pattern of escalation, arrests are made that would be if the officer had the appropriate information as he/she arrived on the scene. Because of statistics like these, that same year, the Florida Legislature adopted a "Preferred Arrest" policy for acts of Domestic Violence. Further, the 19th Judicial Circuit (St. Lucie, Martin, Indian River & Okeechobee Counties) has enhanced the case preparation requirements for Law Enforcement Officers in order to provide more detailed evidence for prosecution. This involves such evidentiary items such as photographs, copies of the 9-1-1 tapes, videotaped witness statements, etc. C. Officer Safety: Officers responding to calls are often unaware of the circumstances surrounding that call and further, unaware of the history of the suspect involved.· This puts officers at risk. Officers responding to a scene not knowing the suspect has a history of violence against law enforcement could result in serious injury or death to the officers. IV. Program Description: A multi-agency, networked system will link County Emergency Management (EM-Manages 9-1-1 dispatch System) with the Sheriff's Office, two City Police Departments and the state's Attorney. Unking these agencies of through a system of networked databases and 800 MHZ Radio Communications Technology will enhance information flow and thereby increase their overall effectiveness. This will significantly reduce officer administrative time while giving that same officer, subsequent investigators and caseworkers the ability to use data more effectively (Tab C). A. Proactive Enforcement: Using the Sheriff's Office as the pilot project, we will establish a data link from a terminal in the patrol vehicle to 9-1-1 communications through to the Sheriffs Office database. This will allow the patrol officer to digitally transmit hislher incident reports from the field along with other information such as Field Interview Cards. Officers coming on duty will be able to check the activity in the their zone for the previous shift(s). B. Domestic Violence: By networking a new Computer Aided Dispatch (CAD) system, with the terminal in the patrol car, the responding officer would have available the most current infonnation on the suspect, victim and other incidents at that address. This would include Active Warrants, Restraining Orders currently in force and a Criminal History on the Suspect (Tab D). We can also digitally transmit this evidence to the courthouse for use at "First Appearance.· (Tab E). C. Officer Safety: Officers will be able to run vehicle registration checks, wanted persons and receive photographs on the computer terminal in the patrol vehicle. This initial year grant will purchase 28 Information Transfer Packages comprised of Laptop Computers/Digital Communicators and Portable Radios. This will provide equipment for officers in the most active areas of the County. SutJgnJnt Application Section II - Page 4 of 16 ~.....,I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance D. Program Data (Continued) Activities Implementation Schedule. Complete the Activities Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports that are mandatory for all projects. Place an additional "X" to indicate ones applicable to your project. Delete the activity/action that does not apply to your project; Le., if your project does not eam PGI, delete that activity from this schedule. ACTIVITIES IMPLEMENTATION SCHEDULE ~uDgrant tJenOd October 1. 1999 - September 30. 2000 (Beginning Date - Endin~ Date) Oct Jan lJun Jul Aug .. ACTIVITY/ACTION Nov Dec Feb Mar Apr May Sep Submit Quarterly Claims X X ) X Submit Financial Closeout Submit Quarterly Program X X ) X .- Section II - Page 8 of 16 Subgrant ApplIcation '-'. ...",,¡ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance E. ProQram Objectives and Performance Measures Complete uniform program objectives and performance measures (found in Appendix YJ for the federally authorized program area you want to implement. Your application is not complete without them and an incomplete application will not be considered for subgrant funding. If the program area you selected does not have uniform program objectives published in this document or if you cannot relate your objectives to those stated, contact Tom 8ishop at 850/488-8016 for further instructions. DO NOT mix objectives from different Program Areas. Start below and use continuation pages as necessary. Uniform Objectives, Program Area 15.8. Program Objective 15.8.1: To conduct an analysis of the data elements necessary to.. support the operational and administrative information requirements of the agency evidenced by the development of a data dictionary. J:Þrogram Objective 15.8.2: To identify reports necessary to support operational and administrative information requirements evidenced by the development of report forms. Program objective 15.8.3: To establish a time schedule ofactivitie8 for phaaed implementation of the system evidenced by a written plan of action which identifies the tasks and times for their completion, as wen 8S staff responsible for their MCOI,.IIIt.met.. Program Objective 15.8.4: To automate a central records system as evidenced by documentation of the equipment, software and operation policies put in place by the end of the grant period. StIlt Generated Objective.: A. Train 21 officers in the use of the information transfer package. B. Save 4,200 patrol offiœr-hours currently devoted to administration and R!ÞdepIoy them to proactive enforcement activities. Section II - PtIge 7 of 16 Subgrent AppIictJtion '-' ..",,; SFY 2000 Drug Contraland System Improvement Fonnula Grant Program Edward Byrne Memorial State and Local AssIstance F. Project Budget Narrative You must describe line items for each applicable BudQet Category for which you are requestin~ subgrant funding. Provide sufficient detail to show cost relationships to project actIvities. In addition, describe specific sources of matching funds. Start below and use continuation pages as necessary. The budget for this project totals approximately $126,057.00 FY 2000. Equipment will be purchased using an existing state contract, which follows St. Lucie County Sheriffs Office purchasing procedures. Source of matching Funds is Budgeted General Revenues. A. Salaries & Fringe Benefits: $0 B. Contractual: $0 C. Expenses: (Administrative Supplies) Federal Funds: $43.00 Matching Funds: $14.00 Total: $57.00 D. Operating Capital Outlay: The standard information transfer package for patrol officers will consist of: 1) A laptop Computer w/digitaJ Communicator & 2) A Portable Radio. All will operate on the 800 MHZ Communications Band. Other equipment listed will ensure communications compatibility throughout the department. Equipment will be purchased over a four-year period. Hand-Held Portable Radios serve as patrof otficer'a prinwy means of voice communication and win be the first items purchased. A det8Ied equipment disstribution table is located at Tab F. 63 Radios @ $2,000 = $126,000 Federal Funds: $ 94,000 Matching Funds: $32,000 Total: $126,000 Total Operating Captal Outlay: $126,057 E. Data Processing: $0 F. Indirect Charges: $0 Total Costs: Federal Funds: $ 94,043.00 Matching Funds: S 32.014.00 Total: $126,057.00 Sub(rent AppI/clJtion Section 11- Pagel' of 18 -""i ......I r . SFY 2000 Drug Control and Syatem Improvement Formula Grant Program Edward Byrne "emorlal State and Local AssIstance G Bd tShdl Project ulge c e ue The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Data Processing Services, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits 0 0 0 Contractual Services 0 0 0 Expenses 43 14 57 Operating Capital 94,000 32,000 126,000 Outlay Data Processing 0 0 0 Indirect Costs 0 0 0 Totals 94,043 32,014 128,057 I I I s.ctJon II - Page 10 of 1. Subgfant AppIIcetJon ~ ...." SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance H. Acce tance and A reement All ~rsons involved in or having administrative responsibili . fO~,the subgrant must read these "Acceptance and Agreement" conditions. " I Note Condition No. 12: Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of a recipient's project are eligible for reimbursement Conditions of Agreement. Upon approval of this suþgrant, the approved application and the following terms of conditions will become binding. Non-compliance will result In project costs being disallowed. The term "department", unless otherwise stated, refers to the Department of Community Affairs. The term "Bureau", unless otherwise stated, refers to the Bureau of Community Assistance. The term "subgrant recip-ienf' refers to the governing body of a ciW or a county or ..- an Indian Tribe which performs criminal justice functions as determined by the U.S. Secretary of the Interior) and includes an "implementing agency" which is a subordinate agency of a city, county or Indian Tribè, or an agençy under the direction of an elected official (for example, Sheriff or Clerk of the Court). 1. Reports a. Project Performance Reports: The recipient shall submit department Qu8l1erfy Project Performance Repprts to the Bureau by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award ~riod is extended beyond the "original" project period, additional Quarterly 'Project Performance Reports shãll be su~mitted. ; b. Financial Reports: The recipient shall have a choice of submittinQ... either Month.!Y or Quarterly Financial Claim Reports [DCA-CJ ~A-G) Revised 09198} .to the bureau. Monthly Reimbursement Cia"" (1-11) are due thlrty-one (31) cbMIa"'" the end of the reE!ng period. QüaItei1y Reimburaelñent C.... ('-3) aN due th1rw-one 31) day. after the encf" of the reporting~. A flnel Financial Claim epqrt and a Criminal Justice Contract (FínanciaD Closeout Package shall be submitted to the bureau within forty-five (45) days of the - subgrant termination period. Such claim shaU be distinétJy identified as "fInar. Before the ''final" claim will be proceeaed, the recipient must submit to the department all outstanding ~ repQI'Ia and must have satisfied .. ..... conditions. Failure to comply With the above provisions shalt result in forfeiture of reimbursement. The recipient shall submit department Quar:tfuti Proffilct Generated Income Reports to the bureau by February 1 \ ~ust 1, ~nd within forty-~v. (45) days after the subgrant .nnlnation date covenng subgrant prOject generated income and expenditures during the previous quarter. (See Paragraph 14. Program Income.) c. Other Reports: The recipient shall submit other reports as may be reasonably required by the bureau. All required reports, instructions, and forms shall be distributed with Section /1 - Page 11 o( 1 ð Subgrent Application ~ -."""I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance the subgrant award. 2. Fiscal Control and Fund Accounting Procedures The recipient s~all establish fiscal contrC?1 and fund accounting procedures that assure proper 91sbursement and accountl'1g of ~ubgrant funds and required non- federal expendItures. All funds spent on thIs proJecf shall be disbursed according to provisions of the project budget as approved by the bureau. All expenditures and cost accounting of funds shall conform to Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governinents~ and in federal Office of Management and Budget's (OMB) Circulars A-21, A-8f, and A-110, in their entirety). All funçs. not spent according to this agreement shall be subject to repayment by the recIpIent. 3. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior . to emp10yment of a consultant. Approval shall De based upon the contract's compliance with requirements found In the Office of Justice Pr9Qrams Financial Guide, U.S. Department of Justice Common Rule for Sfate and Local Governments, and in applicable state statutes. The departmenfs approval of the recipient agreement does not constitute approval of consultant contracts. 4. Allowable Costs Allowance for costs incurred under the subgrant shall be determined aCCOrdi~ "General Principles of Allowability and StanCtards for Selected Cost Items" set in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular No. A- 87, "Cost Principles for State and Local Governments", or OMB Circular No. A-21, "Cost Principles for Educational Institutions". AU procedures employed in the use of federal funds to procure services, sUØPlies or equipment, shall be according to U.S. Department of Justice Common Rùte for State and Local Governments, or Attachment "0" of OMB Circular No. A-110 and Florida law to be eligible for reimbursement. 5. Travel All travel reimbursement for out-of-state or out-of-grant-specified work area shaD be based upon written approval of the department prior to commencement of actual traveL The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 8. Written Approval of Changes in this Approved Agreement Recipients shall obtain approval from the department for major changes. These incluae, but are not limited to: a. Changes in project activities, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a ~of may transfer funds between budget categories as long as the total amount transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, Section /I - Page 12 of 1tJ SubgnInt I4ppIiaItion ...., ....".¡ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the department. d. Under no circumstances can transfers of funds increase the total budgeted award. Tran~fers do not allow for inc~ea~ing the quantitative number of Items øocument~d In any apIJroved budjJet line item. (F~r example)., equipment items In Operating Capltaf Outlay or Expense categories or starr positions in the Salaries and Benefits category.) 7. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is . subject to available federal Anti-Drug Abuse Act funds. 8. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216. 181(14)(b), Florida Statutes (1991); the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and [ocal Governments. Advance funding shall be provided to a.. recipient upon a written request to the department justifying the need for such funds. This request, including the justification, shall be enclosed with the subgrant application. 9. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the bureau indicating steps to initiate the project, reasons for delay and request a revised project starting date. If a project has not begun within ninety (90) days after acceptance of the suþgrant award, the recipient shall send another letter to the bureau, again explaining reasons for delay and request another revised project starting dafe. Upon receipt of the ninety (90) day letter, the department shall determine if the reason for delay is justified or shal~ .at its discretion, unilaterally terminate this ~reement and re-oóligate subarant runds to other department approved projects. The department, where warranfed by extenuati!1.9 circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to tnis agreement. 10. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a contractor (which includes all project budget categories) shall be in Writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shaH - be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 11. Excusable Delays Except with respect to defaults of consuttants\ the recipient shall not be in default by reason of any failure in performance of this agreement according to its term. (including any failure by the recipient to make p'rogress in the execUtion of work hereunder which endangers such performance) if such failure arises out of cauaes beyond the control and without the fault or negligence of the recipient Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity. fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perfõrm shall De beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or m~ke progress. and if such failure arises out of causes beyond the control of recipient Subgnlnt Application Section 11- Page 13 of 15 -....- .....,¡ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance and consultant, and without fault or negligence of either of them the recipient shall not be deemed in default, unless: ' a. Supplies or services to be furnished by the consultant were obtainable from other sources, b. The department ordered the recipient in writing to procure such supplies or services from other sources, and c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly.1 12. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date aná on or prior to the termination date of the recipienfs project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant ~rforms r~uired services, or when the recipient receives goods, notwithstanding the date of order. 13. Program Income (also known as Project Generated Income) Program income means the gross income earned by the recipient during the subgrant period, as a direct result of the suþgrant award. Program income shall be nandled according to the Office of Justice Pr:qgrams Financial Guide, U.S. Department of Justice Common Rule for State and Local Government. Reference: The Cash Management Improvement Act of 1990). 14. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this ~reement by the recipient, the reclpienfs consultants and suppliers, or both. the department shall impose sanctions it deems appropriate including withhold~ payments and cancellation, termination or suspension of the agreement in whole or In part. In such event, the department shall no!ify the recipient of its decision thirty (30) days in advance of the effective date of such sanètion. The recipient shaD be paid only for those services satisfactorily performed prior to the effective date of such sanction. 15. Access To Records The Del!artment of Community Affairs; the U.S. Department of Justice, Office of Justice P~rams, Bureau of Justice Assistance; and, the Auditor GenènII of the State of Florida, the U.S. Comptroller General or any of their d~ aultwMtled ~tatives, shall have access to books, documents, papers and r8cxm:Ja or.. ~. implementing agency __and contractors for the ~~ of audit and examination according to the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and1-ocal Government. - The department reserves the right to unilaterallv terminate this agreement if the recipient, implementing agency or contractor refuses to allow public access to all documents, papers, letters, or other m~terials subject to.Pfovision~ of Chapter 11~, Florida Statutes, and made or received by ttie recipient or Its contractor In conjunction with this agreement. 16. Audit a. Recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shaD be performed in accordance with the federal OMB Circular A-133 and other Subgrant Application Section" - P8tge 14 of 16 - ~ ttwI SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance applicab,le feder~ll~w, The contract for this agreem.ent shall be identified with the subject audit I~ Th~ Schedule of Federal Fmancial Assistance. The contract shall be Identified as federal funds passed-through the Florida Department of Community Affairs and include the contract number CFDA number, award amount, contract period, funds received and disbursed~ \Nhen applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers any' portion of the effective dates of this agreement must be submitted within 30 aays after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to a71 findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the department and will be returned to the recipient. c. The recipient shall have all audits completed by an Independent Public Accountant (lPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance With federal laws and regulations. e. The recipient shall ensure that audit working papers are made available to the departmenthor its designee, upon request for a period of three (3) years from the date t e audit report is issued, unless extended in Writing by the department. f. If this agreement is closed out without an audit, the department reserves the right to recover any disallowed costs identified in an audit completed after such clOseout. g. The completed audit reports should be sent to the following address: D,partment of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, Flonda 32399-2100 17. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs shall be submitted on the DCA-CJ Form 3(A-G), Revised 09/98 prescribed and p-rovided by the bureau. A recipient shall submit either monthlY or quarterly claims in õrder to report current project costs. AI claims for reimbursement shall be submitted in sufficient detail for proper pre- audit and post-audit, 18. Retention of Records The recipient shall maintain all records and documents for ~ mif'imum of th". (3) ~rs from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 19. Ownership of Data and Creative Material OWnership of material, discoveries, inventions, and results developed, produced, or diIcOvered subordinate to this agreement is governed br the ~ of the 0fIIce of Justice Programs Financial Guide U.S. Department 0 Justice Common Rule lor State and Local Government) or the federal OMB Circular A-11 0, Attachment $ubfIent AppIIoatJon SectJoll /I - p"g. 15 0/18 ~ ~ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance N, Paragraph 8. 20. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during Its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve use maintain and dispose of any property furnished to it by the department or purchased pursuant t<;> this agreement according to federal property management standards set forth In the Office of Justice Programs Financial Guide, u.s. Department of Justice Common Rule for State and Local Government) or the federal OMB Circular A-110, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 21. Disputes and Appeals The department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the. performance of this agreement according to the department's decision. If the recipient appeals the department's decision, it also shall be made in writing within twenty-one (21) calendar days to the department's clerk (agenCï clerk). The recipient's nght to appeal the department's decision is containeó in Chapter 120, Florida Sta1utes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any -'party to this agreement. At any- time, a representative of the bureau, of the U.S. Department of Justice Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Publication or Printing of Reports a. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the department for its review and comment. b. Publications or printed reports covered under a. above shall include the following statements on the cover page: (1) ''This report was prepared for the Florida Department of Community Affairs, Steven M. Seibert, Secretary, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance." The next printed line shall identify the month and year the report was published. (2) "This program was supported by grant # awarded fa the Department of Community Affairs, State of Florida, and by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP)J U.S. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." (3) "Points of view, opinions, and conclusiqns expressed in this r~port ar~.those of the recipient and do not necessarily represent the. official. position or policies of the State of Florida Department of Community Affairs, the U.S. Department of Justice, Office of Justice Programs, or any other agency of the state or federal government. Section /I - Page 16 of 16 Subgrant Application ~ ....,J SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance 24. Equal Employment Opportunity (EEO) No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Public Law 89-564, Non- Discrimination Requirements of the Anti-Drug Abuse Act of 1988; Title IV of the Civil Rights Act of 1964; Section 504 of the Reffabilitation Act of 1973 as amended' Title IX of the EducatIOn Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42 Subparts C, 0, E, F, G and H. ' The recipient and a ~riminal justice agency that is the implementing agency- agree to certi~ that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with tne Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157.1, 42 V.S.C. 37016 et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3r83 (a) and 28 FR SectIOn 42.207 Compliance Information). Any state agency, county or city receiving $500,000 or more in federal Anti-Drug Abuse Act funds shall submit its equal employment opportunitY- plan, and/or the most recent update, with its application, for submittal to the U.S. Department of Justice, Bureau of Justice Assistance for approval. 25. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Publìc Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommoâations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 26. Criminal Intelligence System The purpose of the federal re9.-ulation published in 28 CFR Parl 23 - Criminal IntellIgence Systems Operating Policies is to assure that recipients of federal funds for the principal DUrQQ.§fZ of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 196~ 4Z U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 9,,-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, and Pub. L. 96-157), use those funds in conformance with the privacy and constitutional rights of individuals. The recipient and a criminal justice agenc?y that is the implementing agency agree to certifY that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Cnme Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28 CFR Parl 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program GUidance. Submission of this certification is a prerequisite to entering into this agreement This certification is a material representation of, f~ct upon. ~hich, rel.iance was placed when this agreement was made. If the recipient or criminal Justice agency operates a criminal intelligence system and does not meet !,\ct and f~deral regulation criteria, they must indicate when they plan to come Into cOf!1phance. Federal law requires a subgrant-funded criminal Intelligence system project to be - .--- Section 1/ - Page 17 of 16 Subgrant Application ~. ......, SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance in compliance with the Act and federal regulation prior to the award of federal funds. The recipient is resp-onsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The department's approval of the recipient agreement does not constitute approval of the subgrant funded development or operation of a criminal intelligence system. 27. Non-Procurement, Debarment and Suspension The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction unless authorized by the department. ' 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule, " published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Discl9sur~ Form, if applicable, with each submission that initiates agency consideration 0 such person for award of federal contract", grant, or cooperative agreement of $100,000 or more; orfederalloan of$150,uOO or more. I This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties Imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employ-ee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any- federal loan, the entering into or any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contractJ grant loan, or cooperative agreement, the undersigned shall complete ana submit the standard form, Disclosure of Lobbying Activities, according to its instructions. .. c. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of Section H, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a sfate agency is prohibited under this contract. Subgrant Application Section 11- Page 18 of 16 ~ .....I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance 31. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal funds, all grantees ana recipients receiving these federal funds, including but not limited to state and local governments, shall clearly state: a. The percentage of the total cost of the program or project that shall be financed with federal funds, and b. The dollar amount of federal funds to be expended on the project or program. 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement offfcer or program licensed by the Department of Health and Rehabilitative Services, conduct background checks on all personnel providing direct services. 33. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers). constituting a violation of the employment provisions contained in 8 U.S.C. \:)ection 13Z4a(e), Section 274A(e} of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the JNA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 34. Drug Court Projects A Drug Court Project funded by the By-rne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, pr~ram guidelines "Defining Drug Courts: The Key Components", JanuarY 1997. Tnls document can be accessea on the Office of Justice Programs World Wide Web Homepage: http://www.ojp.usdoj.job. Section 11- Page 19 of 16 Subgr8nt Application .. ~ ~ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance I. Sianature aae In witness whereof, the parties affirm they each have read and agree to conditions set forth in this a~reement, have read ana understand the a~reement in its entirety and have execu ed this aweement by their duly authorize officers on the date, month and year set out be ow. Corrections on this page, including strike-overs, whiteout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance By: Type Name and Title:Clavton H. Wilder. Community Program Administrator Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) By Type Name and Title: Paula Lewis. Chairman St. Lucie County Board of Commissioners Date: FEID Number: 59-6000835 Implementing Agency Official, Administrator or Designated Representative i ) . Lt",,··., . . I J.tLi I "')k· By: lJ . ~ (. ~..~ , I Type Name and Title: Robert C. "Bobbv· Knowles. Sheriff. Sl Lucie Co. Sheriffs Office Date: p Section /I - Page 25 of 16 Subgrant Application .. '-" -.."",I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Certification of Compliance with Equal Employment Opportunity (EED) Program Requirements - Criminal Justice Agency I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Criminal Justice Agency. . . (Select one of the following): - D Meets Act Criteria D Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency . . . (Select one of the following): D Has a current EEO Plan D Does not have a current EEO Plan I further affirm that if the Implementing Agency meets the Act aiteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Authorized Official: Name: Robert c. Knowles Title: Sheriff Date J , "I..j "- " .~./ Subørant Appllcdon PKbge EEO C81flf1clltJon - Implel1Hlntlng Agency Appendix II - Pege 2 of 2 '- ~ "'" C/) C/) J' " iU C/) 4:: iU...c (1).'¿ .- ~ ........ .- :;j s....;g oE u ~C/'J........ :;j.:: C/'J C/) 0 U iU ~ U iU..c: C ..- ..c:........~-C\:! ........ iU._ ,,""'" ..c: u C/) C/) v ........ .- (1) E c 0 "'d ~ (1) C\:! (1) :;j C\:! E ........ (1) ~ S-~~£~ 00..(1)0'- u (1) u~ () ol"""\s...o- () ~ 0 .- - ~ ~ ..c: () c C/) .~ .~ µ;:¡ ~ .s ..c:o~;.:::o ~ ~ C\:! C/).9 .,C\:!~ ~r, N ~..c: u s... ~ () o r, 0 0 S :> C/) C/) ~ .G0E~o <u.9 <u u o~E~C\:! ~ii5~~..c: ::::s <u o..~ ~ 0.. s... <u - 0 E .- 0 ~ s... O ~ (/) ..c: ~ .- ~ u~"'d..c: C\:! .- . ¡:: ~ ~ <u 0 .- $.. r, _ u ~o~do o 0 <u <u.- <u.- OJ:) :-g~-5~~ ~~ r,0J:)~ C\:! ·2 :æ .~ 5 (/) ._ ~ <u E ~ E >-..> <u ..c: "'0 ~. ~ u'-- ;;.,< 3"-<'£ m E ooo~ ::::s þU ::::s <u ~ o 0 <u ~ .- ug.s~~o <uU ::::s- <u ._ >: c:o > U In .:: 0 ::::s ()r, '"" - <u J:J -:JuE~¿;~ , _ 0 () ........ "l., ....c::=~"'O <u C/'JO~~§~ ~ ~ '-" .....I St. Lucie County Domestic Violence Statistics 1996 Calls for Service 6,778 Arrests 1,119 Not Prosecuted 611 Prosecuted: Not Guilty 79 Prosecuted: Guilty 588 ! I i~. ¡f /1 //1 vi í '!"""'i B '!"""'i .. '!"""'i N o .- o SFY 2000 Druf\.. }trol and System Improvement Formu' ~rant Program Edw"';;d Byrne Memorial State and Local Assi~nce ... ... .... .....~. .. ....- .... . .... . ...... .... .... .. .... . ... ..... .... ..... This section to be completed by SCA: SfY 2000 DCA Contract Number This section to be completed by the subgrantee: Continuation of Previous Subgrant? 0 Yes X No If Yes, enter State Project ID # of Previous subgrant ;...~~.i.9.~:..~~.~........................~~.~:.................. .......~:.'.~~.~:...~.~:.~!.?._-j A. Names & Addresses 1. Subgrant Recipient Name of Chief Elected Official: Edward G. Enns Title: Mayor Address: 100 North United States Highway #1 City, State, Zip Code: Fort Pierce, FL 34950 Area Code/Phone # (561) 460-2200 I SUNCOM # ¡Area Code/Fax # (561)489-2594 N/A 2. Chief Financial Officer Name of Chief Financial Officer: George Bergalis Title: Director of Finance Address: 100 North United States Hiahwav #1 City, State, Zip Code: Fort Pierce, FL 34950 Area Code/Phone # (561) 460-2200 I SUNCOM # N/A IArea Code/Fax # (561) 489-2594 3. Address: 920 South United States Highway #1 City, State, Zip Code: Fort Pierce, FL 45950 Area Code/Phone # (561) 461-3820 SUNCOM # N/A Area Code/Fax #: (561) 468-6867 4. Project Director and Contact Person, if different from Project Director Must be Em 10 ee s of Governmental 1m lementin A enc Name of Project Director: William R. Simon E-Mail Address:wrsimon@hotmail.com Title: Grant Writer Address: 920 South United States Highway #1 City, State, Zip Code: Fort Pierce, FL 34950 Area Code/Phone # (561) 461-3820 SUNCOM # N/A Name and Title of Contact Person: William R. Simon, Grant Writer Area Code/Fax #(561) 465-1059 Address: 920 South United States Highway #1 E-Mail Address: wrsimon@hotmail.com City, State, Zip Code: Fort Pierce, FL 34950 Area Code/Phone # (561) 461-3820 SUNCOM # Area Code/Fax # (561) 465-1059 N/A Section /1 - Page 1 of 16 Subgrant Application SFY 2000 Dru~ntrol and System Improvement Forml.. irant Program Edward Byrne Memorial State and Local Assi';r;,nce B. Administrative Data 1. Project Title (Not to exceed 84 characters, including spaces) A Crime Analysis of Distressed Neighborhoods 2. For Period Period Month Day Year Beginning October 1, 1999 Ending September 30, 2000 3. Is the Subgrantee or the Implementing Agency a Member of a Local Criminal Justice Advisory Councilor Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement for a description of board responsibilities.) X Yes 0 No C. Fiscal Data 1. (If other than the Chief Financial Officer) Remit Warrant to: NIA Note: If the subgrantee is participating in the State of Florida Comptroller's Office electronic transfer prOQram, reimbursement cannot be remitted to any other entity. 2. Method of Payment: 0 Monthly X Quarterly (It is mandatory that the method selected be consistent throughout the entire grant period.) 3. Vendor # (Enter Federal Employer Identification Number of Subgrantee): I 59-6000322 4. SAMAS # (Enter if you are a state agency) I None 5. Will the Project earn Project Generated Income (PGI)? 0 Yes X No (See Section H., Paragraph 13 for a definition of PGI.) 6. Will the applicant be requesting an advance of federal funds? 0 Yes X No (If Yes, a letter of request must be attached.) Subgrant Application Section /I - Page 2 of 16 SFY 2000 Dru.....Jntrol and System Improvement Form.. ,JGrant Program Edward Byrne Memorial State and Local Ass7štance D. Program Data Refer to the SFY 1999 BCA Grants Management Technical Assistance Workshop Manual, Section 5. Use this as a guide to assist you in completing Section D. Problem Identification. Briefly describe a specific problem to be addressed with subgrant funds. If you are seeking funds to continue existing project activities, your problem statement must also provide a short summary of your current program and describe any gaps between current and desired project results. ProQram Description. Briefly describe how project activities will address the targeted problem. Describe who will do what, when, where and how. SEE PAGE 2 OF INSTRUCTIONS ON ITEMS TO INCLUDE. Start below and use continuation pages as necessary. Problem Identification: The Fort Pierce Police Department has received 100% Salary & Benefits funding from the Department of Justice, Community Oriented Policing Services Office (COPS), COPS for Distressed Neighborhoods program, for three full-time Police Officers for three years to perform direct community policing activities in our Northwest and Northeast sections of the city (police beats 2 &3). In general, from a review of our 911 calls for service reports, we know that more than 50% of our calls are dispatched to these areas. We have identified a problem in our crime analysis abilities which limits our officers' abilities to develop and apply proactive community/problem oriented policing strategies: Officers are unable to map and analyze crime data to identify specific problems within the target area in order to address problems through community/problem oriented policing methods. The department is unable to analyze the effectiveness of community/problem oriented policing responses. The department is unable to provide crime analysis information to crime watch and citizen patrol groups working in partnership with the department. The department can not effectively conduct wide spread area citizen surveys to identify problems and analyze program effectiveness. A new community/police communications tool must be established; one that does not require extensive man power and paper supplies. The target area is made up of a melting pot of many different cultures and there is a lack of understanding of these cultures and what is viewed as "criminal behavor" but is accepted as the norm with in the cultures. The target area is plauged with drug dealings/trafficing, prostitutiion, gang inhabitance and related criminal activity. A detailed crime analysis study of the area will help us to identify specific area "hot-spots" and help us to develop a priority list of the areas in need and allow us to develop a specific plan of action for that area. Communications with area residents is also a problem in this area and it is time and cost wise unfeasible to send Officers door to door to ask or survey these residents. The interactive communications between police and area residents is a mandatory requirement for this program to be successful. Program Description: Our program focuses on two main problems identified in the above problem statement 1). The need for a in dept crime analysis study of the target areas in order to develop a well defined law enforcement plan of action. 2). The development of a feasible communications system which will enable us to communicate with the citizens in the target area for the purpose of distributing, receiving, and sharing of information. The Fort Pierce Police Department would like to hire under a temporary one-year contract, a Crime Analyst for our program. The Crime Analyst would gather both formal and in-formal criminal activity data, organize, analyze, evaluate, assure data integrity and input the data into a crime mapping program. Section /I - Page 3 of 16 Subgrant Application SFY 2000 Drug0trol and System Improvement Formu! 'rant Program Edward Byrne Memorial State and Local Assis~ce The (formal) information will be collected from 911 CAD (computer aided dispatching) calls for service reports and from local in house written incident and traffic crash/citation reports. The (informal) information will be collect from call-in or walk-in complaints or concerns from local citizens and from information gathered at Community Patrol/Crime Watch meetings or other public/citizen/neighborhood/merchant meetings. The three Community Oriented Police Officers assigned to the target area will also provide the crime analyst with crime and community information and they will assist in distributing program crime analysis information about information about program events. The crime analysis position and program implementation will fall under the direction and supervision of Lt. Sean Baldwin who is the commander in charge of the Community Response Division. William R. Simon, Fort Pierce Police Department Grant Writer will act as the "Project Director" and will assure all program reporting requirement are met and be responsible for the quality assurance of the program and assure that all goals/objectives are being met on a timely basis. Our department will also survey 250 citizens in the target areas to assess their concerns on a more personal level and also to evaluate our progress from the citizen's point of view. The crime analyst will also operate a interactive telecommunications system called Reverse 911, this system will enable us to communicate with a specific geographic target population in a more feasible and effective fashion via computer/telephone network. We will be able to call and survey citizens in the targeted area regarding crime in their neighborhood and ask questions about the effectiveness of our program. The Reverse 911 system will also enable our citizens to find out information regarding date and times of crime watch meeting, special crime watch warnings (#of robberies or home invasions in their area etc.). The Community Response Division Commander and staff will review quarterly program crime analysis evaluations which will help them to develop a law enforcement action plan to reduce or eliminate criminal activity in the targeted areas. (drug, prostitution, gang, and other criminal activity). Target Area Physical Description: The targeted neighborhoods selected for this program are identified as Police Beats Two (2) and Three (3). Beat two is approximately 3.11 square miles, consists of the North Beach as far east as the Little Jim Bridge along the North city limit line to the center of N. 17th., South to the center line of Moores Creek and back East to the shoreline of the Indian River. Beat three is approximately 1.047 square miles and is bound by the city limits on the North, the center line of N.17th Street, on the East, the center line of Moores Creek on the South and the city limits on the West. This target area population is made up of local Blacks, Whites, Haitians, and Hispanics. It is because of the cities large citrus industry that there is a large number of residents who are migrant workers (transients). This melting pot of many different cultures can sometimes be a recipe for unlawful cultural disputes and lor gang related criminal activity. An in depth crime analysis of these target areas will help our department to understand the many different cultures and this understanding will provide our agency with a very important tool for providing better law enforcement. The target area contains a public housing h-rise, many public housing single unitis and a large number of small seasonal apartment and housing units which contain a kitchen, one-bath, one or two-bedrooms, a small living room (approx. 8-1100 square feet living area) and are usually occupied by up to eight persons who are mainly seasonal farm workers and their families. The majority of the areas housing is in fair to poor physical condition and property is un-kept. Business and religious facilities in the area are mainly operated in small strip-malls and are physically un- attractive with window and door bars and poor or un-kept grounds. Section /I - Page 4 of 16 Subgrant Application SFY 2000 Dru~ }trol and System Improvement Formu' 1rant Program Edw:;d Byrne Memorial State and Local Assi~ce Section II - Page 5 of 16 Subgrant Application SFY 2000 Drug."."",ntrol and System Improvement Form rant Program Edward Byrne Memorial State and Local Assistance D. Program Data (Continued) Activities Implementation Schedule. Complete the Activities Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports that are mandatory for all projects. Place an additional "X" to indicate ones applicable to your project. Delete the activity/action that does not apply to your project; i.e., if your project does not earn PGI, delete that activity from this schedule. ACTIVITIES IMPLEMENTATION SCHEDULE Subgrant Period 10/01/99 - 09/30/2000 (Beginning Date - Ending Date) Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep ACTIVITY/ACTION Submit Quarterly Claims 2000 X X X (Financial Reimbursement Requests) Submit Financial Closeout Package 2000 Submit Quarterly Program Reports 2000 X X X Hire & Train Crime Analyst X X Generate & Evaluate Formal Calls X X X X X X X X X X X X For Service & Incident Reports Generate & Evaluate In-formal X X X X X X X X X X X X Program Reports Distribute Community Surveys 62 62 62 62 Evaluate Community Surveys X X X X Assess and Define Community X X X X Needs- Develop Action Plan Community Policing Problem X X X X X X Defined - Action Taken Reverse 911 Setup and Training X X Mapping System Setup & X X Inergration Section /I - Page 6 of 16 ~lIhrtr~nt Annlir.~tion SFY 2000 Dru ntrol and System Improvement Form "rant Program Edward Byrne Memorial State and Local Assistance E. Proqram Objectives and Performance Measures Complete uniform program objectives and performance measures (found in Appendix V) for the federally authorized program area you want to implement. Your application is not complete without them and an incomplete application will not be considered for subgrant funding. Ifthe program area you selected does not have uniform program objectives published in this document or if you cannot relate your objectives to those stated, contact Tom 8ishop at 850/488-8016 for further instructions. DO NOT mix objectives from different Program Areas. Start below and use continuation pages as necessary. Identif ier 078.01 078.02 078.03 3 Objecti ves Performance Objectives for Purpose Area 078 Crime Analysis Identify the wants, needs and expectations of end users regarding the outputs of a crime analysis system. Translate end-user requirements into crime analysis system specifications. Identify system inputs, data elements, software programs and standard operating procedures for producing Section 11- Page 7 of 16 Subgrant Application SFY 2000 Dru trol and System Improvement Forml. "'rant Program Edward Byrne Memorial State and Local Assistance F. Proiect BudQet Narrative You must describe line items for each applicable Budget Category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition, describe specific sources of matching funds. Start below and use continuation pages as necessary. *Program Manager will comply with all City of Fort Pierce purchasing policy and procedures when ordering program equipment, supplies, and contracted seNices. * All matching funds will come from department budget general revenues. Contracted Services _ Our department will contract with a individual to act as the programs Crime Analyst. This person will be paid at a rate of $1 0.459135 per-hour not to exceed $21,755 for the grant period. This person will be responsible for the organization, data entry, data integrity, generation and analysis of statistical reports. This person will also be responsible for working closely with the Community Response Division commanders to assist with developing the action plans for targeted locations. Total Contracted Services: $21,755 Capital Outlay _ 1 computer for Crime Analyst - $2,500 (Pentium 11/ 500MHz processor, 16.8 GiG UDMA HD,128mb pc100 RAM, 19"SVGA .261.28 Monitor,52x true cd-rom & sound blaster, speakers, matrol g200/g400 video card AGP, zip drive internal 100/250, COR-Drive Tichoh/YammahalHP, 104 Enhanced keyboard, Windows 98, MS Office 98, Microsoft serial mouse, 3 com 10base T/100 Pci card, 1.44 floppy drive. 1 Computer & Printer and related hardware for REVERSE 911 Interactive Community Policing Systern- $9,600 Pentium 233 MHz MMX processor, 128 MB EDO memory, 512 KB pipeline burst casche, award system BIOS, IDE Hard Disk Interface, Floppy Drive controller, 230w Power Supply, 14 slot PC/-ISA Passive Backplane,lndustrial rack mount 19" cassis. Peripherals: 3.2 GB EIDE Hard Drive, 32x CD-ROM drive, 1.44 MB floppy drive,Seagate 4.0/8.0GV Internal IDE Tape Drive, PCI Super VGA Graphics accelerator w/digital video and 2MB DRAM, 15" Digital Multimedia Color Display, Color Ink jet printer(scanner/colorprintercombo with faxing option), Win951 01 =3 Enhanced Keyboard, MS PS/2 Mouse, U.S. Robotics 28.8/33.6 Kbps Internal modem, Ultratedch intelemodem 300bps (for TTYITDD option), Uninterruptible power supply, proctor phone demo 1/ telephone equipment demonstrator, system telephone. 1- Laptop Computer for field monitoring and remote citizen sUNeys, Pentium 11/233 MHz, 2 Gb HD, 64meg RAM, cd rom drive, windows 98 and Ms Office 98. - $3,075.00 Total Capital: 15,175.00 Expenses- Software Reverse 911 Communications Computer System Software & related modules - R911 $8,500, Database MetroMail $1,322, Guardian Calling $2,400, Community Information Line $2,400.($14,622 Total). Installation and seNice for eight telepone lines for the Reverse 911 Communications System -lnstall-9Iinesx$182. OOper- line=1, 638, Telephone seNice one year each line $370.00 x 9Iines=$3,330. ($4,986.00 Total) GeoFile 2000 For Windows Crime Analysis Mapping System Software, intergration, training $18,595, +6hrs technical seNices@$75per-hour$$450 -($19,045.00Total) Software _ Crime Analyst Computer Work Ståtion -Ms Office 98 Software -$500.00 and Internet Software & License $150.00- (Total $650.00) Misc. Expenses -Postage, office & equipment supplies, program incentives etc. $6,967.50 Total Expenses: $46,270.00 Section /I - Page 8 of 16 Subgrant Application SFY 2000 Dru( .introl and System Improvement Form :;rant Program tð ~ Edward Byrne Memorial State and Local Assistance G. Project Budget Schedule The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Data Processing Services, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits .00 .00 .00 Contractual Services $16,316.25 $5,438.75 $21,755.00 Expenses $34,702.50 $11,567.50 $46,270.00 Operating Capital Outlay $11,381.25 $3,793.75 $15,175.00 Data Processing .00 .00 .00 Indirect Costs .00 .00 .00 Totals $62,400.00 $20,800.00 $83,200.00 Section /I - Page 9 of 16 subgrant Application SFY 2000 Dru~ntrol and System Improvement FormL" Srant Program EdwYcJ Byrne Memorial State and Local Ass~nce H. Acceptance and Aqreement All persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and Agreement" conditions. This "Acceptance and Aqreement" (Section H) must be returned as part of the completed application. Note Condition No. 12: Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of a recipient's project are eligible for reimbursement. Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Non-compliance will result in project costs being disallowed. The term "department", unless otherwise stated, refers to the Department of Community Affairs. The term "Bureau", unless otherwise stated, refers to the Bureau of Community Assistance. The term "subgrant recipient" refers to the governing body of a city or a county or an Indian Tribe which performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "implementing agency" which is a subordinate agency of a city, county or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). Reports a. Project Performance Reports: The recipient shall submit department Quarterly Project Performance Reports to the Bureau by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. b. Financial Reports: The recipient shall have a choice of submitting either Monthly or Quarterly Financial Claim Reports [OCA- CJ Form-3(A-G) Revised 09/98] to the bureau. Monthly Reimbursement Claims (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Reimbursement Claims (1-3) are due thirty-one (31) days after the end of the reporting period. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the bureau within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". Before the "final" claim will be processed, the recipient must submit to the department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. The recipient shall submit department Quarterlv Project Generated Income Reports to the bureau by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Paragraph 14. Program Income.) c. Other Reports: The recipient shall submit other reports as may be reasonably required by the bureau. All required reports, instructions, and forms shall be distributed with the subgrant award. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the bureau. Section /I - Page 10 of 16 Subgrant Application SFY 2000 Drug Vtrol and System Improvement Formul 'rant Program Edward Byrne Memorial State and Local Assis~ce All expenditures and cost accounting of funds shall conform to Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety). All funds not spent according to this agreement shall be subject to repayment by the recipient. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The department's approval of the recipient agreement does not constitute approval of consultant contracts. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular No. A-87, "Cost Principles for State and Local Governments", or OMB Circular No. A-21, "Cost Principles for Educational Institutions" . All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or Attachment "0" of OMB Circular No. A-11 0 and Florida law to be eligible for reimbursement. Travel All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the department prior to commencement of actual travel. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. Written Approval of Changes in this Approved Agreement Recipients shall obtain approval from the department for major changes. These include, but are not limited to: a. Changes in project activities, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the department. . d. Under no circumstances can transfers offunds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal Anti-Drug Abuse Act funds. Advance Fundina Section /I - Page 11 of 16 Subgrant Application SFY 2000 Dru.....,?ntrol and System Improvement Form;' prant Program Edward Byrne Memorial State and Local Ass~nce Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (14)(b), Florida Statutes (1991); the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Govemments. Advance funding shall be provided to a recipient upon a written request to the department justifying the need for such funds. This request, including the justification, shall be enclosed with the subgrant application. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the bureau indicating steps to initiate the project, reasons for delay and request a revised project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the bureau, again explaining reasons for delay and request another revised project starting date. Upon receipt of the ninety (90) day letter, the department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other department approved projects. The department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: a. Supplies or services to be furnished by the consultant were obtainable from other sources, b. The department ordered the recipient in writing to procure such supplies or services from other sources, and c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly.1 Section /I - Page 12 of 16 Subgrant Application SFY 2000 DrufA...."ptrol and System Improvement Formu --1rant Program Edward Byrne Memorial State and Local Assišrãnce Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. Program Income (also known as Project Generated Income) Program income means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Government. Reference: The Cash Management Improvement Act of 1990). 14. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 15. Access To Records The Department of Community Affairs; the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; and, the Auditor General of the State of Florida, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Government. The department reserves the right to unilaterally terminate this agreement if the recipient, implementing agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the recipient or its contractor in conjunction with this agreement. 16. Audit a. Recipients that expend $300,000 or more in a year in Federal awards shall have a single or program- specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed-through the Florida Department of Community Affairs and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the department and will be returned to the recipient. c. The recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. Section 11 - Page 13 of 16 Subgrant Application SFY 2000 Dru~ntrol and System Improvement Forml ¡rant Program Edward Byrne Memorial State and Local Assì'rl:nce e. The recipient shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the department. f. If this agreement is closed out without an audit, the department reserves the right to recover any disallowed costs identified inan audit completed after such closeout. g. The completed audit reports should be sent to the following address: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, Florida 32399-2100 17. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs shall be submitted on the DCA-CJ Form 3(A-G), Revised 09/98, prescribed and provided by the bureau. A recipient shall submit either monthly or quarterly claims in order to report current project costs. All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. 18. Retention of Records The recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 19. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Government) or the federal OMS Circular A-11 0, Attachment N, Paragraph 8. 20. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Government) or the federal OMB Circular A-110, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 21. Disputes and Appeals The department shall make its decision in writing when responding to any disputes. disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the department's decision. If the recipient appeals the department's decision, it also shall be made in writing within twenty-one (21) calendar days to the department's clerk (agency clerk). The recipient's right to appeal the department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. Section 11- Page 14 of 16 Subgrant Application SFY 2000 Dr!.\.... -?ntrol and System Improvement Form prant Program ~ ~ Edward Byrne Memorial State and Local Assistance 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the bureau, of the U.S. Department of Justice Bureau of Justice Assistànce or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Publication or Printing of Reports a. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the department for its review and comment. b. Publications or printed reports covered under a. above shall include the following statements on the cover page: (1) "This report was prepared for the Florida Department of Community Affairs, Steven M. Seibert, Secretary, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance." The next printed line shall identify the month and year the report was published. (2) "This program was supported by grant # awarded to the Department of Community Affairs, State of Florida, and by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." (3) "Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida Department of Community Affairs, the U.S. Department of Justice, Office of Justice Programs, or any other agency of the state or federal government. 24. Equal Employment Opportunity (EEO) No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Public Law 89-564, Non-Discrimination Requirements of the Anti-Drug Abuse Act of 1988; Title IV of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. The recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). Any state agency, county or city receiving $500,000 or more in federal Anti-Drug Abuse Actfunds shall submit its equal employment opportunity plan, and/or the most recent update, with its application, for submittal to the U.S. Department of Justice, Bureau of Justice Assistance for approval. 25. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (ritle I), state and local government services and transportation (ritle II), public accommodations (ritle III), and telecommunications (ritle IV). Section 11- Page 15 of 16 Subgrant Application SFY 2000 Dru.....,mtrol and System Improvement Form... ßrant Program - Edward Byrne Memorial State and Local Assistance 26. Criminal Intelligence System The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that recipients offederal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U. S. C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95- 115, and Pub. L. 96-157), use those funds in conformance with the privacy and constitutional rights of individuals. The recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) ofthe Omnibus Crime Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The department's approval of the recipient agreement does not constitute approval of the subgrant funded development or operation of a criminal intelligence system. 27. Non-Procurement, Debarment and Suspension The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the department. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule, .. published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of . any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. Section 11- Page 16 of 16 Subgrant Application " SFY 2000 Dru~..",introl and System Improvement Form, prant Program Edward Byrne Memorial State and Local Ass~nce b, If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvinq Activities, according to its instructions. c. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of Section H, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, all grantees and recipients receiving these federal funds, including but not limited to state and local governments, shall clearly state: a. The percentage of the total cost of the program or project that shall be financed with federal funds, and b. The dollar amount of federal funds to be expended on the project or program. 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Health and Rehabilitative Services, conduct background checks on all personnel providing direct services. 33. Immigration and Nationality Act No public funds will intentionally be awarded 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 ("INAn). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 34. Drug Court Projects A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be accessed on the Office of Justice Programs World Wide Web Homepage: http://www.ojp.usdoj.job. Section 1/ - Page 17 of 16 Subgrant Application " SFY 2000 Dr~ ¡antral and System Improvement For". '1 Grant Program ~ ~ Edward Byrne Memorial State and Local As tance I. In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including strike-overs, whiteout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance By: Type Name and Title: Date: Clayton H. Wilder. Community Administrator Subgrant Recipient Authorizing Official of Governmental Unit ission Chairman, Mayor, or Designated Representative) ç¡-;- "'- (Robert J. Benton III - Actirg ~yor) By: Edward G. Enns. Mayor. City of Fort Pierce. FL Date: (J~'JJt-9¥ FEID Number: 59-6000322 Implementing Agency Official, Administrator or Designated Representative By: IJj £1 ~ 1 U:; ~ Pcting Chief - .bse¡t¡ Wirt.hœn. Capt. Type Name and Title: Euqene G. Savaqe. Chief of Police. Fort Pierce Police Date: () ~ - ~ ~q ý . Section 11- Page 18 of 16 Subgrant Application ~ '-' SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Qx# APPLICATION REVIEW CHECKLIST V,N,X 1 If this is a continuation project, did you check "Ves" and enter State Project 10 Number for the previous ~ year? I. APPLICATION Qx# Section A - Names and Addresses V,N,X 1 Is the name of the Subgrant Recipient Chief Elected Official (A.1.) the name of the BCC Chair (for a county) or i the Mayor (for a city)? Is this the same person who signed the signature page for the Subgrant Recipient? 2 Is the name of the Chief Financial Officer (A.2.) correct, i.e., is this the Chief Financial Officer for the Subgrantee, ., not the Implementing Agency? Is the name of the Implementing Agency Chief Executive Officer (A.3.) correct (e.g., the Sheriff for a Sheriffs \ 3 Office, the Chief for a Police Department, etc.)? Is this the same person who signed the signature page for the ~ Implementing Agency? Does the person identified as Project Director (A.4.) work for the Implementing Agency in A.3.? If there is a 4 Contact Person other than the Project Director, did you enter the correct name, title, address, phone and fax i numbers in the application? Qx# Section B - Administrative Data V,N,X 1 Does the project title consist of 84 letters and spaces or less? Does the title clearly identify the project (B.1.), i i.e., if it is a second-year DARE Project, it should reflect DARE II, third, DARE III, etc.? 2 Is the correct subgrant period entered? ~ Qx# Section C - Fiscal Data ... V,N,X 1 If payment is not remitted to the Chief Financial Officer (A.2. in C.1.), it can only be remitted to one of those ~ identified in A.1., 2., or 4.; i.e., the Subgrant Recipient, Implementing Agency or the Project Director. 2 Is the method of payment, i.e., monthly or quarterly, reflected in C.2.? ....,. 3 Is the Subgrant Recipient's Federal Employer Identification Number (FEID) reflected in C.3.? Is this same i number reflected in the Subgrant Recipient block on the signature page? 4 If project generated income can be earned from project activities, has "Ves" been checked in C.5.? 'i- Qx# Section D - Program Data V,N,X 1 Is the problem to be addressed clearly and briefly identified? ..., 2 If this is a continuation project, did you briefly describe project activities to date and explain any gaps between i... current and desired results? 3 Are requested resources (personnel, expenses, equipment, etc.) sufficient to address the identified problem. i Have you clearly identified how these resources will be used to address the problem? Are proposed project activities (what), people to be served and service providers (who), methodology for 4 accomplishing the project (how), service/activity location(s) (where), proposed schedule(s) (when) and other '" details included? If contractual services will be used to implement any part of the project, are proposed services described and 5 justified? Is there a discussion of why contracting for services is necessary to meet program needs and i objectives? 6 If travel is necessary to achieve objectives, did you include a line item for travel included in the expenses budget ~ category? Qx# Section D Continuation - Activities Implementation Schedule V,N,X 1 Are key activities for implementing the proposed project listed? ..., 2 Are the dates filled in correctly? 'f Subgrant Application Package Application Review Checklist Section 111- Page 1 of 4 SFY 2000 Drug~ntrol and System Improvement Formúwtll;rant Program Edward Byrne Memorial State and Local Assistance Qx# Section E - Objectives & Performance Measures V,N,X 1 Are the Uniform Measurable Program Objectives used in the application correct for the federally authorized purpose area for which federal funds are requested (Appendix V)? Have the required performance indicators i been inserted in the appropriate blank spaces? 2 Are the numbers in the performance indicators realistic? (For continuation projects, use data in current quarterly + reports as a basis.) 3 Have self-generated objectives specific to the project been included? Are these self-generated objectives X worded to provide numerical (measurable) performance indicators? Qx# Section F - Budget Narrative V,N,X 1 If Salaries and Benefits are included in the budget, are salary figures reasonable and consistent with agency 'f or area salaries paid for similar work? 2 Are Fringe Benefits identified and calculated correctly? Do calculations using identified percentages equal the ~ benefits total? 3 If Overtime is a line item in the Salaries and Benefits Category, is it stated that the amount includes both salary .--j.. and benefits, salary and specified benefits or salary only? Is the net personnel increase statement included in the Budget Narrative? (For the first year of a project, state 4 that the proposed positions are new and will result in a net personnel increase to the agency. For a continuation project, state that this continues the net personnel increase established during the initial year of the grant ~ program.) 5 Are job duties briefly described for all requested positions? -4 6 Have services been identified and described? '4' If Contractual Services are service-based, is the unit of service defined, and the number of units and cost per I 7 unit indicated? 'i 8 If OPS personnel are included in the Contractual Services Category, are job duties briefly described? ook 9 If funds are in the Expenses Category, are detailed line items established? .oi 10 If trips are necessary to achieve program objectives, has a line item been established? ~ If funds are in the Operating Capital Outlay Category, are line items in conformity with County or City Purchasing 11 Requirements (e.g., if a purchasing threshold is $500 per item, then only individual items costing $500 or more '\ would be placed in this category.)? 12 Iffunds are identified in the Indirect Cost Category and the subgrantee is a state agency, does this agency have '" a currently approved (by a cognizant federal agency) Indirect Cost Plan? Is it attached? If funds are identified in the Indirect Cost Category and the subgrantee is a city or county, does this agency 13 have a current and approved Indirect Cost Plan? Is it included with the application? Is the cost correctly -} calculated on the cost basis and approved rate in the plan? 14 Does the Budget Narrative include a statement that the purchasing method to be used conforms to existing laws ~ and regulations? 15 If special equipment will be purchased, does the verbal narrative include a description of equipment and 'i justification for the necessity of this equipment tq achieve project objectives. 16 Does the Budget Narrative identify the specific source of matching funds for the project (e.g., budgeted '\- general revenues)? Is all match in the form of cash? 17 Are all mathematical calculations correct? Are all items placed in correct budget categories? Does verbal '\ narrative information correspond with each category? Subgrant Application Package Application Review Checklist Section 11/ - Page 2 of 4 SFY 2000 Dru~ntrol and System Improvement Form""'¡;rant Program Edward Byrne Memorial State and Local Assistance Qx# Section G - Budget Schedule Y,N,X 1 Is each Budget Narrative Category total correctly placed in the appropriate space on the Budget Schedule? ....{ 2 Is match calculated correctly? Are matching funds a minimum of 25% (percent) of the total budget amount? .....¡ 3 Is the federal amount total the same amount as the federal amount for this project in the 51 % letters? ~ 4 Do all columns add across (Federal + Match = Total), as well as down (Federal column, Match column, Totals 't column)? Qx# Section I - Signature Page Y,N,X 1 Are there two signature pages with original signatures by the Chief Elected Official identified in A.1. and the 1 Implementing Agency Chief Executive Official identified in A.3. of Face Page. If any signature does not match the persons identified in A.1. or A.3. of Face Page NO.1. has a Commission 2 Resolution or other Signature Authority Authorization from the appropriate official for the signer(s) been "I included? 3 Are signature dates filled in? Is the City or County Federal Employer Identification Number (FEID) filled in? Is this the same number identified in C.1.? 4 Has this page been checked to be certain that there are no white-outs, cross-outs or typeovers? " II. SPECIAL CONDITIONS Qx# Letters of Agreement Y,N,X Are Letters of Agreement (Appendix I) from at least 51 % (percent) of local governments representing at least 1 51 % (percent) of the population indicating agreement on expenditure of the county's allocation in this y application? Each application must include a full set of letters. GRANTS CANNOT BE AWARDED WITHOUT THESE LETTERS. Are the letters in the required format (Appendix I), listing each application within the county with correct federal 2 amount? Is the amount identified for this project the same as the federal amount on the Project Budget ~ Schedule? (Federal column total.) 3 Is each letter signed by the Chief Elected Official (e.g., BCC Chair for County, Mayor for each City)? ~ 4 Have requested funds for all proposed subgrants in the county been totaled and is this equal to or less than the ~ total of all funds allocated to the county? Qx# Equal Employment Opportunity Y,N,X Is the Equal Employment Opportunity (EEO) Certification Letter (Appendix II) for the Subgrant Recipient 1 completed and correctly signed? If the Implementing Agency is a Sheriffs Office, Police Department or any -i other criminal justice agency, is the EEO Certification Letter for the Criminal Justice Implementing Agency completed, signed and attached? 2 Has the EEO Plan been reviewed to be certain that it meets requirements in the federal Bureau of Justice -{ Assistance (BJA) Seven Step Guide? 3 If this project proposes to expend $500,000 or more, is a copy of the subgrantee EEO Program Plan and/or the \ most recent update in this application package so the BCA can submit it for approval by the BJA? l' Qx# Contracted Services Y,N,X 1 If contractual services are included, is a "boilerplate" contract attached for BCA review and approval? Does it ~ include Section H, Acceptance and Agreement, in full or by reference? (Required.) Subgrant Application Package Application Review Checklist Section 11/ - Page 3 of 4 SFY 2000 Dru!Jwt!>ntrol and System Improvement Form.J;rant Program Edward Byrne Memorial State and Local Assistance Qx# Automated Data Processing (Computer) Equipment Y,N,X 1 If computer equipment or software will be purchased, has an ADP Equipment Form (Appendix III) been 'f completed, signed by an authorized signer and enclosed with the application? 2 Is there a statement or response to all items on the ADP Equipment Form? '"i If software will be developed, is an analysis of developing software as opposed to purchasing pre-packaged 3 software written and is this make/buy analysis included with the ADP form? Does the analysis provide ample H justification to indicate the advantages of development over a pre-packaged purchase? Qx# Sole Source Justification Y,N,X If equipment or services (including ADP equipment and software) will be purchased from a sole source and the 1 amount is $100,000 or more, is a completed, signed Sole Source Justification Form (Appendix IV) included with ;.. this application? 2 Does the Sole Source Justification form respond to all of the required items from the perspective of the County or City subgrantee (not the proposed contractor)? Is the form signed by an authorized signer? -4 Qx# Task Force Y,N,X If this law enforcement application will use grant funds to implement a Task Force project, has information i- 1 describing Task Force agency membership, administrative board, current staff and other details been included in the Program Data? Qx# Confidential Funds Y,N,X 1 If this law enforcement application includes Confidential Funds as a line item in the Expenses Category, has + the Certification of Confidential Funds (Appendix VII) been signed by the appropriate authority and attached? Qx# Community Oriented Policing . Y,N,X If this law enforcement application proposes to use subgrant funds to implement a Community Oriented Policing 1 project does the agency have an approved Community Oriented Policing Plan and does the Program Data >< section address how the proposed project will implement this plan? Qx# Criminal Intelligence Systems Y,N,X If this law enforcement application will use grant funds to implement (purchase and/or operate) a criminal 1 intelligence system, has the Criminal Intelligence System Certification and Criminal Intelligence System Review "'" checklist been requested from the BCA, completed and attached? Qx# III. SPECIAL CONCERNS Y,N,X 1 If the subgrantee has any current projects in progress, have all outstanding Special Conditions and/or Monitoring "1- Conditions been satisfied for these projects? If this application is for federal funds to continue a current subgrant project, have all financial and program + 2 performance requirements for this project been met (e.g., are the Quarterly Reports and Financial Claims up to date?)? If the officials identified on the signature page will not conduct daily project business and wish to designate signature authority to the Project Director or another agency employee to conduct the business of the grant, has 3 a letter designating signature authority been included in the application package? Does this letter include "J signatures of both the person giving signature authority (who signed the agreement signature page) and the recipient of this signature authority? 4 Have all standard and special conditions identified in the Program Announcement and in subgrant application -\ and contract information been reviewed to assure that the proposal meets requirements? 5 Has Section H, Acceptance and Agreement, been included as part of the application? 'I 6 Has this Application Review Checklist been completed and enclosed with the application? 't 7 Are two complete copies of the application with original signatures being submitted? "'4 Is the application being mailed so that it will arrive at the SCA no later than the application due date? Is the 8 application package being mailed to the current BCA address (e.g., 2555 Shumard Oak Boulevard, Tallahassee, ''"\ Florida 32399-21 DO)? Subgrant Application Package Application Review Checklist Section 11/ - Page 4 of 4 .'-" ~ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Automated Data Processing (ADP) Equipment Form Authorized Official for Subgrant Recipient Type Name: Edward G. Enns Signature: (ROOert J. Benton III, Acting Mayor) Telephone Number: (561) 460-2200 Date: 5··11·':;'¡ Information must be provided to adequately respond to all applicable issues listed below I. A description of the ADP hardware and/or software you plan to purchase, including: A. Number of units and projected cost of each; B. Equipment specifications including disk drive storage space, amount of random access memory, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased, specify the type of file server, hublrouters, network cards, network wiring and installation costs. If a printer is purchased, indicate the type of printer including brand, model, dot matrix, laser, type of print (black or color), additional memory, and font cartridges. C. A brief description of how the proposed equipment will be used to further grant objectives. 2. Certify that ADP hardware and software procurement complies with existing federal, state, and local laws and regulations. Attach a copy of your current procurement procedures. 3. If ADP hardware will be purchased, describe the results of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If ADP software will be developed, explain why already produced and available software will not meet the needs of this subgrant. 5. If your purchase of ADP hardware, software or combination thereof will be from a sole source and is $100,000 or more, complete a Sole Source Justification Form and attach it. (Appendix III). NOTE: For all proposed ADP purchases, an ADP Equipment Form must be completed and submitted to the Department of Community Affairs for approval. Previous editions obsolete Form ADP- 1 Rev. 09/98 Application Package SFY 2000 Dru~ntrol and System Improvement Form'i1rf Grant Program Edward Byrne Memorial State and Local Assistance Automated Data Processing (ADP) Equipment Form Mapping/Crime Analysis Software and Hardware: The Fort Pierce Police Department needs to assure that mapping/crime analysis software and hardware is compatible with our U.S.A. Software Records Management System. The mapping program must integrate with our Records Management system to enable us to directly import crimes and their locations directly from the archived police incident reports onto target area "city street maps". This system will assure the quality of the data being used for crime analysis and program planing. In order to ensure that the mapping crime analysis program was able to integrate with our Records Management System, Lt. Baldwin and William Simon visited the City of Stuart Police Department to see the working program because they are using the same U.S.A. Software Records Management System. The system was not only able to import street names and crimes on to the maps it is also capable of importing and of the police incident report data on to maps Crime, Race, Location, Age, etc.). *The mapping system was recommended by MobileTec International who is our Records Managment consultant and provided the review service free of charge to ensure compatability. *See Attachments. Reverse 911 System Software and Hardware: The Sigma Micro Corporation's Reverse 911 program was chosen by our department because of it's "Interactive Communications" abilities. With this system we will be able to send and retrieve information to and from citizens living in the target area via telephone/computer simply by highlighting the target area on a map and send a message and/or asking for a response (survey). The system records and prints reports that will enable us to analyze calling/responding information. Other: * Both systems hardware and software are year 2000 complient and meet department and vendor/manufacture specifications. * Computer workstation will run on MicroSoft Windows 98 and MicroSoft Office Professional 97 w/msWord, msExcel, msAccess. * MS Explorer v6.5 will be the Internet software used in order to asure software un iform ity. Previous editions obsolete Form ADP- 1 Rev. 09/98 ApplicaüonPackage 05/18/99 04:07 '& - ----... 141002 .---.-- '-' ..",J MOBILETEC International, Inc. May 17, 1999 Daniel T. Coleman Director of Sales 611 Wymore Rd. + Suite 217, Winter Park, Florida 32789 (407) 645-3347. (487) 645-3522 rllI . ~lawt .. Ie . e..aHD e. sa ~lawtec.com Mr. Bill Simon Fort Pierce Police Department P.O. BOX 1149 Ft. Pierce, FL. 34954 Dear Mr. Simon: USA Software. Inc. is pleased to present you this proposal to upgrade your system to include our new GeoFi/e 2000® for Windows Crime Analysis Mapping SysteII1, which is based on Geotrac's GeoCAM product. I think you will agree that our new mapping application will be an asset to your department by helping you to better manage your information. Please find the enclosed configuration and pricing that you requested. The standard road data provided as part of Geotracls GeoCAM product is purchased £rom Geographic Data Technologies (GID). OOT is a national road data provider that has enhanced the U.S. Census Bureau's TIGER road data files. GDT's road data has proven to be reasonably accurate for most uses but may be incomplete (e.g. missing roads and attribution data) and may be inaccurate (e.g. misplaced roads and erroneous attribution) in places. For example, some roads in the community may not appear on the GDT road map because they were built after GDT compiled its data for your community. Likewise, GDT may have missed some roads in their data compilation effort. Address ranges ma.y have been missed or placed in the wrong spot by GDT. Perhaps a few road names are in error. Your community political boundary may have changed due to 1m annexation and is not reflected in the GDT map data. These and other cartographic and map data errors or omissions are a normal part of dealing with GIS data layers. Also, please note that the GDT road data were compiled at a smaIl scale and cannot be used to measure distances or areas with engineer or surveyor levels of accuracy. Geotrac does not guarantee GDT's data or warrant the suitability of the GDT data for any particular use. The GDT product can be enhanced by Geotrac to provide a better presentation of your community if you feel there is a need. There are a number of enhancement options available. The cost of each option depends on the size of your community, the amount of enhancements needed and your ability to participate in the data collection and verification effort. Geotrac can consult with you to assist in making a decision on which option will be most beneficial for you community. 05/18/99 04:08 'El --.. '-" """ I would like to review this proposal with you over the phone. Therefore, I will call you later in the week, once you have received this proposal. Daniel . Coleman Director of Sales [4¡003 (4j004 05/18/99 04:08 'E1 -- """. ...-I :May 17, 1999 FORT PIERCE POLICE DEPARTMENT GeoFile 2000@ For Wmdows Crime Analysis Mapping System (1 User) ArcView Single License- software license which provides the viewing capabilities of the geographic data. Base Coverage Data- consists of the following: road network. geocodcr, political boundaritS, etc. Data Installation- loadin& of database into system. and file setup Software Installation-loading of Ar:cView saftware Training- software and custOmized application training Connx32® For DataFlex ODBC Driver (IUser) USA Software System Configuration GeoTrac Technical Support for first year Travel Expenses TOTAL $ 18,595.00 OPTIONS: Geotrac Technical Services (per hour)... .....,... ... ............... ... ... ,...., .., .....$ 75.00 travel time and expenses not included Notes Minimum Suggested hardware requirements for the workstation(s) to operate the system are a Pentium 133 with 32 MB RAM and a .3X GB Hard Drive. The monitor should reach a minimum resolution of 800 X 600. The Standard road data provided as part of Geotrac's GeoCAM product is purchased from Geographic Data Technologies (GDT). GDT's road data has proven to be reasonably accurate for most uses but may be incomplete (e.g.). For example, some roads in the community may not appear on the GDT road map because they were built after GDT compiled it's data for your community. Likewise1 GDT may have missed some roads in their data compilation effort. Address ranges may have been missed or placed in the wrong spot by GDT. Perhaps a few road names are in error. Your community political boundry may have changed due to an annexation and is not reflected in the GDT map data. These and other cartographic and map data errors or omissions are a normal part of dealing with GTS data layers. Also1 please note that the OTD road data were compiled at a small scale and cannot be used to measure distance or areas with engineer or surveyor levels of accuracy. Geotrac does not guarantee GDTs data. or warrant the suitability of the GDT data for any particular use. , 05/18/99 04:09 '8' _J4LQ.Q5. ..__ ~ ..."" The GDT product can be enhanced by Geotrac to provide a better representation of your community if you feel there is a need. There are a number of enhancement options available. The cost of each option depends on the size of your community, the amount of enhancements needed and your ability to participate in the data collection and verification effort. Geotrac can consult with you to assist in making a decision on which option will be most beneficial for your community. You, Daniel T. Coleman 03/24/99 13:56 FAX SIG~~ ~ICRO CORP 14]001 -- - - -- \.. ~. ~.' .., , " .. ....-.---.. . . ---'""V~~> ~~....._- ".~. 0' 'O, _. .- -- ~.-::t:.~~:-;::: .. .~~,~.~.-·:..:~~~;r~t"·;<·.p;X·. · " . ~ - . .,.:-' . I.. .~ .:-;:-=-~.. ....... '-- 'WI": -. _..-~... ...--~.-..~~ ... .:::a... _. -'- ~I':"; . ":..c-=~':~. ...........'!'..f ' 1911 . SIGMA MICRO IW FACSIMILE COVER PAGE pLEASE DELIVER THE FOLLOWING P AGE(S) TO: DATE l. c.¡ mAY qq TIME ATTN: -;$', 1\ 9¡ Yl"o....l COMPANY Pt· M ...~a-e: ;;<OFF AGES INCLUDING coVER ~ t/ FAX NUMBER -5 V I - L{~ 5- I ð š- q FROM -::f¡.'J~ :To,...) t. Ç" TELEPEONE# .... col\ð:MENTS: )~ pt. -¡tt1s ~ Q,\ p s ~. ?r~ ~n",~-"-rr .. t.~)Jm"'J ~ ~ MJ.TÐtLU-S' Ð: CLO!ŒD"9<'%TH THIS F ACSIMILET1'..A.1OolSMISSI~.AJŒ p:&IV AttJJID CO""TIDÐ\"¡'W. AND .AIC.:£ THE pao!'EEtTf of T1Œ SÐm~ THE D\"FOJWA.TIO~ CQ}\-rADŒD IS 'T.SE )IA.TERlAL IS P1U'VILEGED AND IS 1J\'TDmED Ol\'I-í FOR 'T.1œ tJSE Of'"I1Œ D\"'DIVIDtJAI.(S) on !:P'-~CŒS> ~ ABOV,E. IFYOU .ARENOT'nŒ~'TÐ-"DED øCI1»~"T.BE.A.DVlSEC'1"RAT A1\'"itn-atTI'ßORIWJDlSCI.OSU1Œ. CO~G.DISI"BIBt1I1œ: OR nŒT.AEIÑG OF ~'Pf Ac:rJOJo: n-: 1tEI...IANCE 01'\TIŒ cæ.~'TS OFTØ1STELECOPIED Doa~T10Jo:1S STJUC'I'Lí PROBJBITED. JF1'OtJ J1A VEJŒCEI'\'ED '11115 FACSIltm.r'TR.AXSMISSION DU:IUlO;a.. p¡.'£A.SE~lATELï NOTIFf US BT'''rELi:PHOJIŒTO ~CE FOX ~ OFTHtFOJt~'ARDED DOct.l1tŒfl,7S' TO us. TFYOU DO ?"OTRECET'\TE.~¡'!.t PAGES. CALL r:n'7"l 631..0907 ASA~. ..y, Q¡Ù ...... 71': J\. S~t~ AvenUe"'Sult: :!OC\.lndla.napolirr.:·4ú:O:!·Tcl. (317) C31~9G"?·F~ (31ij o~~Sg5 OS/24/99 13:57 FAX SIG~ MICRO CORP '-" ...",J WINDOWS NT Valid June 1, 1998 Version Fort Pierce crt) police Dept. 2nd Year Extended Population 40,000 Price Warranty Pentium Voice Processor 1 $ 5,250 ..$ $ 788 Options Guardian Calling $ 2,400 $ 360 community Information Line $ 2,400 $ 360 R91' 1 $ 8,500 $ 1,275 Lint;! Grabber o $ $ Database· MetroMail 1 $ 1,322 $ 1,062 Database - Select Phone o $ $ Mobilization o $ $ Beat Voice o $ $ List F=axing o $ $ Fax On Demand o $ $ TTY call1ng(Hdwr) 1 $ 350 "'$ 53 Print~rlScanner Upgrade(For Faxing) o $ $ Voice Cards (4 Ports Each) 2 $ 4.000-" $ 600 Voice & Fax Card (4 Ports) o $ $ Calling Ports 7 Totals $ 24,222 $ 4.497 Quote valid for 30 days from date of printing ~002 Printed on 5124199.1 :46 PM ~ 0~/24/99 13:57 FAX -.- '* ~ ____ _____SIG~~ MICRO CORP '-' REVERSE 911® Options Item Pricc· Guardian Cal1ing (Senior Citiz.en Check Up) $ 2,400 CommuDity Information Line (Voi.ce Bulletin Board) $ 2,400 l\1obilization (Enlergc:ncy ResponSe Team C¡Ùl Out) $ 3,500 Beat Voice (V oice Ma.i.l) $ 3,000 Out Bound Faxing (Geographic and List Faxing) $ 2,400 Fa1/: on Demand (Fax Back) $ 2AOO ScannerlPrinter Upgrade (Used fOT Faxi!lg Option) $ 295 LineGrabber (Line Sciturc D~vicc) $ 2,500 Additiona} 4 Port Voice Cards (Each) $ 2,000 4 Port VoiceJFax Cards (each) (Each) $ 3,500 * Includes installation and one year warranty Optional All prices valid through 6130/99 ... '* ioJO(vdF: J'~ rfK"C,'E ~ùo-t1; ð1'J pRE-V t~uS f ~9E "-' 2nd Year Warranty*'" $ 360 $ 360 $ 525 $ 450 $ 360 $ 360 $ 44 $ 375 $ 300 $ 525 141003 ~ ~ ~ ~5/2~/99~?7 FAX SIGMA MICRO CORP [41004 '-' {,AYE f Rov i ck îï-l-iç ¡,J .. Vo; c.€:. y,oC6$'Ø R. ., R911 SYSTEM SPECIFICA TIONS- Windows NT 4.0 ~ MOTHERBOARDIPOWER SUPPLY & RELATED COMPONENTS tJ Pentium single board compllter o Intel Pentium 233MHz MMX CPU w/ fan Q 128:MB EDO non-parity memory for greater than 12 lines Q 512KB pipeline burst cache a Award system BIOS Q IDE Hard Disk InterÎace Q Floppy Drive Controller Q 230W Power Supply Q 14-S1ot PCl-ISA passive Backplane o Industrial rack-mount 19" Chassis wI removable air filter and two fans Q Positive pressure case; shock mounted drives PERIPHERALS Q 3.2 GB EIDE Hard Drive or better Q 32X CD-ROM Drive Q 1.44MB 3 Vi" Floppy Drive o Seagate 4.0/8.0GB Internal IDE Tape Drive Q PCI SuperVGA Graphics accelerator w/ digital video and 2MB DRAM: o IS" Digital Multimedia Color Display Q Color Ink. Jet printer (Scanner/Color printer combo with faxing option) Q Win95 101+3 Enhanced Keyboard Q Microsoft PS/2 Mouse a U.S. Robotics 28.8I33.6Kbps Internal Modem o Ultratech InteleModem 300bps (for use with TIYrrDD option) Q Uninterruptible Power Supply Q Proctor PhoneDemo II Telephone Equipment Demonstrator CJ System Telephone IF COMPUTER IS TO BE SUPPLIED BY CLIENT, IT MUST MEET THE FOLLOWING CRITERIA: · Must be a Pentium 2~3Mhtz or faster processor · tvtust contain one open ISA slot ror every 4 phone lines plus one additional ISA slot for the internal modern. · Must bave :at !east 128MB EDO non-parity RAM . · Must have a CD-ROM Drive · Must have a 3.2GB or larger ElDB Hard Drive · Must have a 1.44MB tlO'PPY disk drive · Must have a Seagatc 4.0I8.0GB Internal IDE Tape drive or other which can rea.dJwrite to TR-4 taPe$ · Must ha.ve a U.S. Robotics 33.6Kbps or faster internallI\Odcm · Mu.st have a PC! SuperVGA or bener video card ...·NOTE··SOme video cards arc not compatible with ~ ) LapliDk. Client may bave to purchaSe ODe that is compatible. if ~, Revised 04/12/99 '-' ~ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Sole Source Justification for Services and Equipment Authorized Official for Subgrant Recipient Type Name: Edward G. Enns Type Title: Signature: r 1'1 (Actirg Mayor - Rotert J. Bentoo I II) Date: OS/2B/99 1. Briefly describe the proposed contractual services and/or equipment and how it relates to your program. 2. Explain your reasons for proposing to contract with, or purchase from, a non-competitive sole source. Address the expertise of the contractor, management, responsiveness, program knowledge and experience of contract personnel. 3. Indicate the contract period and explain the potential impact on contract deliverables if due dates are not met. Estimate the time and cost to hire a competent replacement should the current contractor default. 4. Describe what is unique about the project and the proposed sole source contractor that would warrant a contract. 5. Explain any other points you believe should be covered to support your request for a sole source contract. 6. Make a declaration that the action you are taking is in the "best interest" of the subgrant recipient and the implementing agency. NOTE: Justification for sole source procurement must be submitted to the Department of Community Affairs for approval. All the foregoing components must be addressed. Start on the next page and use continuation pages as necessary. Previous editions obsolete Form SS- Application Package 1 Rev. 09/98 '-' '>wÍ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Sole Source Justification for Services and Equipment The Fort Pierce Police Department has been advised by MobileTec, our Records Management consultant that the GeoFile 2000 for Windows Crime Analysis Mapping system will integrate with our USA Software Inc. Records Management Program. This system will pull criminal and other information directly for our departments police officer generated incident reports. Importing this information directly from the incident report will increase the data integrity and prevent countless hours of endless data entry. To see this program at work at another police department using the same USA Records Management Software, two of our department's employees visited the City of Stuart Police Department and both were very impressed because not only would we be able to import the crime and location but also we would be able to import any data from the incident report to the target area map (i.e.; race, age, time, date, etc.). For more information and System Specification - see attachment to ADA Equipment Form. Reverse 911 Sigma Micro Corporation-This system was chosen for it's ability to provide interactive communications services which will enable us to send and/or receive information from the citizens living in the target area simply by highlighting the target area on a map and telling the system to send a message to those who live within the highlighted area via telephone (Send Citizen Surveys). This system will also supply us with important responce data which will be used by our crime analyst. *ALL SOLE SOURCE REQUEST MUST BE APPROVED BY OUR CITY COMMISSION. After the grant has been awarded, the project manager will schedule the sole source request for the next available commission meeting. Previous editions obsolete Form SS- Application Package 1 Rev. 09/98 SFY 2000 Dru~ntrol and System Improvement Form~rant Program Edward Byrne Memorial State and Local Assistance SFY 2000 DRUG CONTROL AND SYSTEM IMPROVEMENT FORMULA GRANT PROGRAM EDWARD BYRNE MEMORIAL STATE AND LOCAL ASSISTANCE AUTHORIZED PROGRAM AREAS Area # Title of Authorized Program Area 01A Drug Reduction Education 018 Gang-Related Education and Training 002 Multi-jurisdictional Task Force 03A Marijuana Eradication 038 Diverted Pharmaceuticals * 04A Community Crime Prevention 048 Community Policing 005 Disrupting Illicit Commerce 006 White Collar and Organized Crime 07A School Resource Officer 078 Crime Analysis ~ 07C Anti-Terrorism Plans * .. 070 Criminal Intelligence * 008 Career Criminal Prosecution 09A Financial Prosecution Program * 098 Financial Investigation Program - State * 09C Financial Investigation Program - Local * 10A Video Technology in the Court 108 Teen Court 10C Jury Management * 100 Effectiveness of the Courts - Other * 10E Drug Court Management * 11A State Corrections Tier Treatment Program * 11C Intensive Supervision * Uniform Program Objectives are not included for these program areas. These program areas are generally project-specific. If you are proposing a project in one of these areas, contact Tom Bishop at 850/488-8016. SubgrantApplicaüon Package Uniform Program Performance Objecüves Appendix V - Page 1 of 9 Identifier 06.01 06.02 2 Objectives Identifier 07A01 07A02 07A03 07 A 04 07 A05 07A06 07 A07 07A08 07A09 07 A1 0 10 Objectives Identifier 078.01 078.02 078.03 3 Objectives Identifier 008.01 008.02 2 Objectives Identifier 10A.01 1 OA. 02 10A03 3 Objectives SFY 2000 Dru~ntrol and System Improvement Form~rant Program Edward Byrne Memorial State and Local Assistance Conduct Prosecute Performance Objectives for Purpose Area 006 White Collar and Organized Crime criminal prosecutions. offenders on criminal charges. Performance Objectives for Purpose Area 07 A School Resource Officer Issue trespass warnings to unauthorized personnel on school grounds. Make custodial arrests (on school premises) of student offenders. Make at large arrests (off school grounds) of student offenders. Conduct counseling sessions for students. Conduct counseling sessions for parents. Confiscate weapons from students. Conduct crime prevention class presentations. Attend school special events. Refer students to public assistance agencies for services. Provide In-service orientations to school teachers. . Performance Objectives for Purpose Area 078 Crime Analysis Identify the wants, needs and expectations of end users regarding the outputs of a crime analysis Translate end-user requirements into crime analysis system specifications. Identify system inputs, data elements, software programs and standard operating procedures for Performance Objectives for Purpose Area 008 Career Criminal Prosecution Conduct a review of felony cases to determine if career criminal criteria is met. Prosecute offenders as career criminals. Record Conduct Conduct Performance Objectives for Purpose Area 10A Video Technology in the Court court cases using video technology. first-court appearances using video technology. arraignments using video technology. Subgrant Application Package Uniform Program Performance Objectives Appendix V - Page 5 of 9 '-" 'wi SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Offender Drug Abuse Treatment Programs Detoxification Programs These programs use medical and psychosocial treatment procedures and supportive counseling to assist drug offenders in withdrawing from the physiological effects of abusing alcohol and mood altering drugs. ~ Sobering Up Services. Provides close observation and ongoing assessment of vital signs by nursing staff. It includes re-evaluation of the client's placement after eight hours and a determination of the most appropriate treatment environment for the client. ~ Non-Medical Detoxification. Provides scheduled structured activities for clients including educational and motivational therapy emphasizing referral to treatment. ~ Medical Detoxification. Provides a "Detoxification Protocol" (Treatment Plan) within 24 hours of admission.. It also includes structured activities similar to those provided in Non-Medical Detoxification. Intervention Programs These programs target groups or individuals to reduce the known risk factors associated with the onset or progression of chemical dependency and other alcohol or drug-related problems. ~ Community-Based Intervention. Provides, ata minimum, early identification and screening, and may include liaison services, short-term counseling and support services, and referral services. ~ Treatment Alternatives to Street Crime (TASC). TASe provides for identification, screening, court liaison, referral and tracking of criminal justice clients with a history of chemical dependency. Nonresidential Programs These programs provide a non-live-in therapeutic environment with a structured schedule of daily and hourly activities. ~ Outpatient Treatment. Provides individual, group or family counseling for clients by appointment during scheduled operating hours. It includes assessment, treatment, and ancillary services. ~ Day or Night Treatment. Provides a structured schedule of activities for a minimum of four (4) days per week and a minimum of four (4) consecutive hours of service each day. It includes assessment, rehabilitation, treatment, ancillary services, and, depending upon client needs, may include formal school and adult education programs. Residential Programs These programs provide structured live-in therapeutic environments within a non-hospital setting on a 24-hour-a-day basis. ~ level 1. Provides a range of assessment, rehabilitation, treatment and ancillary services, and depending on client needs, may include formal school and adult education programs. Length of Level 1 care does not exceed 60 days. ~ level 2. Same range of services as Level 1 , but the length of care is from 61 days to more than one (1) year. ~ level 3. Same range of services as Level 1 , but the length of care exceeds one (1) year. ~ Day or Night Treatment With Residential Host Family. Provides a temporary residence including a structured schedule of activities for a minimum of five (5) days per week and a minimum of six (6) consecutive hours each day. It also includes assessment, rehabilitation, and treatment services, and, depending on the treatment plan, may include formal school and adult education programs. Medical Programs These programs administer and dispense Methadone for the treatment of opioid drugs. Subgrant Application Package Glossary of Terms Appendix VI - Page 1 of 3 '--' '-" SFY 2000 Drug Control and System Improvement Formu7ã Grant Program Edward Byrne Memorial State and Local Assistance Target Groups Following are definitions for types of criminal offender groups served through subgrant-funded projects. ~ Diversion. An alternative to criminal prosecution for individuals considered worthy of rehabilitation by State Attorneys. At their discretion, they may refer persons charged with a law violation to a licensed drug rehabilitation program in lieu of prosecution on condition that the individual successfully complete treatment or stand trial. ~ Pretrial Release. An alternative to pretrial detention for individuals deemed capable of rehabilitation by the court. Trial judges, at their discretion, may refer persons charged with a law violation who volunteer for drug treatment to a licensed drug rehabilitation program. ~ Pretrial Detention. Trial judges may detain persons who are unable to post bond or pose a threat to the safety of the community to ensure the integrity of the judicial process and the appearance of the defendant at trial. Crimes involving drugs and other controlled substances are considered a serious social concern and defendants may be detained because they are unable to post substantial bail in relation to the street value of drugs. Detained individuals with charges pending may receive drug treatment while incarcerated pending adjudication by the court. ~ Community Control. A form of intensive supervised custody in the community including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home or non-institutional residential placement and specific sanctions are imposed and enforced. ~ Probation. A form of community supervision requiring specified contacts with parole and probation officers and compliance with other terms and conditions determined by the court. One of these conditions may be the receipt of treatment in a licensed drug rehabilitation program. ~ ParolelControlled Release. In general terms, the conditional release of a prisoner serving an indeterminate or unexpired sentence. It includes several types of conditional release including the Mutual Participation Program, Conditional Release Program, or Controlled Release of an offender. One of the conditions of release may be successful completion of treatment in a licensed drug rehabilitation program in the community. Services Following are definitions for subgrant-funded drug abuse program services provided to criminal offenders. Service descriptions are from Chapter 10E-16, Florida Administrative Code, titled "Minimum Standards for Alcohol Prevention and Treatment and Drug Abuse Treatment and Prevention Programs." These rules establish minimum standards for programs licensed by the Florida Department of Health and Rehabilitative Services. ~ Ancillary Services. Supplements primary treatment and rehabilitation services and includes prenatal care, diagnostic testing, public assistance and transportation (see separate definition for "Diagnostic Services"). ~ Assessment, Medical. Identifies the client's physical health needs. It includes a medical history, physical examination and laboratory tests prescribed by the rules. ~ Assessment, Psychosocial. Addresses psychological and sociological factors contribution to a client's need for services. It includes a case history and clinical impressions. ~ Case Management. Ensures that clients participating in the program receive services appropriate to their needs either in the program or, if necessary, upon referral. Case management includes assessment, planning, linking, monitoring, and advocacy of clients. ~ Court Liaison Services. Establishes and maintains lines of communication between the program and the courts in responding to the treatment needs of drug offenders eligible to participate in the program. ~ Diagnostic Services. Determines the need for special services. These include psychological tests, special educational tests, psychological assessments and psychiatric evaluations. ~ Drug ScreeninglTesting. As a part of Intake and Screening, identifies offenders who may be abusing drugs. It also includes ongoing monitoring of offenders to ensure that they remain drug-free. Subgrant Application Package Glossary of Terms Appendix VI - Page 2 of 3 '-' -....I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance ~ Intake and Screening. Obtains basic background information on a client including a brief history and problem identification. It also includes determination of a client's eligibility for the program and client's motivation toward treatment. ~ Meals. Includes programs providing up to three meals per day. ~ Nursing Care. Includes emergency medical services, client observation, nursing care and re- evaluation. ~ Offender Tracking. Follows progress of a drug offender participating in the program and report on the offender's progress according to a consent agreement and/or treatment plan. Reports on offender progress must be provided to the criminal justice system or source of referral as required by state regulation. ~ Rehabilitation. Consists of non-clinical services such as educational and vocational training, job placement and basic living skills. ~ Short-Term Counseling. Provides professional guidance and advice to offenders seeking to have their treatment needs met. ~ Treatment. Provides individual, group or family therapy. Services are provided according to an Individualized Treatment Plan. The Plan includes treatment goals and objectives and the type and frequency of services needed by the drug offender. The need for continuing care after discharge is also documented. Subgrant Application Package Glossary of Terms Appendix VI - Page 3 of 3 '-' 'wt1I SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance (To Be Completed by SCA) Project Number: Confidential Funds Certification Project Title: This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP Financial Guide for grants. Implementing Unit of Government (Name and Ad Date Signature, Head of Implementing Agency or Project Director DEFINITIONS FOR TYPES OF SPECIAL LAw ENFORCEMENT OPERATIONS 1. Purchase of Services (PIS). This category includes travel or transportation of a nonfederal officer or an informant; the lease of an apartment, business front, luxury-type automobiles, aircraft or boat, or similar effects to create or establish the appearance of affluence; andlor meals, beverages, entertainment and similar expenses (including buy money and flash rolls, etc.) for undercover purposes, within reasonable limits. 2. Purchase of Evidence (PIE). This category is for the purchase of evidence andlor contraband such as narcotics and dangerous drugs, firearms, stolen property, counterfeit tax stamps, etc., required to determine the existence of a crime or to establish the identity of a participant in a crime. 3. Purchase of Specific Information (PII). This category includes the payment of monies to an informant for specific information. All other informant expenses would be classified under PIS and charged accordingly. Previous editions are obsolete Subgrant Application Package Form CFC-1 Rev. 09/98 ~ llY m ~Rl ~HR~~ \..i \J OFFICE OF THE MAYOR AND CITY COMMISSION CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 TEL. (561) 460-2200 FAX (561) 466-5492 May 24, 1999 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Wilder: In compliance with State of Florida Rille 9B-61. 003 ( 4)( d), F.A. C., the City of Fort Pierce approves the distribution of $218,843.00 of Federal Fiscal Year 1999 Anti-Drug Abuse Act funds for the following projects within St. Lucie County: Subgrantee (City or County) Title of Project Dollar Amount (Federal Funds) City of Fort Pierce A Crime Analysis of Distressed Neighborhoods $62,400.00 City of Port St. Lucie Community Crime Prevention (pAL) $62,400.00 St. Lucie County Communications 2000 $94,043.00 SinC~~~lY'~ ...-;:?~ i' I ~ /-- /r . R ert J. Benton, ill Mayor Pro Tern City Commissioner RJB/wrs/dp '-' '-'" c;UN~ <c, \ I/. ~" '" ¡.,. tfI - [IrY m ~Ri ~nR[~ toriJa OFFICE OF THE MAYOR AND CITY COMMISSION CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 TEL. (561) 460-2200 FAX (561) 466-5492 May 24, 1999 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the City of Fort Pierce approves the distribution of $218,843.00 of Federal Fiscal Year 1999 Anti-Drug Abuse Act funds for the following projects within St. Lucie County: Subgrantee (City or County) Title of Project Dollar Amount (Federal Funds) City of Fort Pierce A Crime Analysis of Distressed Neighborhoods $62,400.00 City of Port St. Lucie Community Crime Prevention (pAL) $62,400.00 St. Lucie County Communications 2000 $94,043.00 1. Benton, ill ayor Pro Tern City Commissioner RJB/wrs/dp '-' ......., ~ ITY Of RT f UR~I toriJa EUGENE G. SAVAGE CHIEF OF POLICE May 28, 1999 POLICE DEPARTMENT 920 S. U.S. #1- P.O. BOX 1149 FORT PIERCE, FLORIDA 34954-1149 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Reference: 1999/2000 Edward Byrne Memorial Grant - Project Director Assignment Dear Mr. Wilder: This is to inform you that Mr. William R. Simon, department grant writer, has been designated as the Project Director for our program entitled A Crime Analysis of Distressed Neighborhoods. Mr. Simon has three years' experience in grant management and has managed the past three years of the Edward Byrne Community Crime Prevention Grant Program. Mr. Simon will be responsible for managing the reporting responsibilities, program purchasing, related policy and procedures and program quality assurance. Mr. Simon will be working closely with Lieutenant Sean Baldwin, Commander of the Community Response Division, who is responsible for implementing all of this grant's program goals and objectives and for the supervision of program personnel. ;¡¿~W'~ Acting Chief Joseph Wirthman, for Eugene G. Savage Chief of Police rs OFFICE (561) 461-3820 - FAX (561 )468-6867 '-" ......, SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Certification of Compliance with Equal Employment Opportunity (EEO) Program Requirements - Subgrantee I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . .(Select one of the following): [] Meets Act Criteria o Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): [] Has a current EEO Plan o Does not have a current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Date: Œ/27/r:;Ð Name: Edward G. Enns Title: Mayor, City of Fort Pierce (Robert J.Benta1 III .:: Þcting MJyor) Subgrant Application Package EEO Certification -- Implementing Agency Appendix /I -- Page 1 of 2 '-'" ....,/ SFY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance Certification of Compliance with Equal Employment Opportunity (EEO) Program Requirements - Criminal Justice Agency I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Criminal Justice Agency . . . (Select one of the following): [] Meets Act Criteria D Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): [] Has a current EEO Plan D Does not have a current EEO Plan I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Name: Eugene G. Savage Title: Chief, Fort Pierce Police Dept. Subgrant Application Package EEO Certification -- Implementing Agency Appendix 1/ -- Page 2 of 2 '-' ....., AGENDA REQUEST ITEM NO. ~ - Jf) DATE: June 8,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT.): County Attorney I I PRESENTED BY: Donald G. Cole Property Acquisition Manager SUBJECT: Street Naming - Resolution No. 99-99 An unnamed right-of-way easement and ingress/egress access along and over the easterly canal bank of the N.S.L.R.W.C.D. Canal No. 54 as "Pulitzer Road" in Sections 8, 17 and 20, Township 35S, Range 39E. BACKGROUND: The Property Acquisition Division received requests to formally name an unnamed right-of-way easement and ingress/egress access along and over the easterly canal bank of the N.S.L.R.W.C.D Canal No. 54. This ingress/egress canal right-of-way is commonly known as Pulitzer Road. All the affected property owners were sent a questionnaire letter regarding the proposed name. We have not received any objections to formally naming the unnamed right-of-way easement and ingress/egress access to "Pulitzer Road". Attached for your review, are several staff memorandums and two letters from Frank Fee, Esq., attorney for the N.S.L.R.W.C.D. concerning this issue. FUNDS AVAIL. : N/A PREVIOUS ACTION' RECOMMENDATION: N/A Staff recommends that the Board approve Resolution No. 99-99 which will formally name an unnamed right-of-way easement and ingress/egress along the easterly canal bank of N.S.L.R.W.C.D Canal No. 54 as "pulitzer Road". COMMISSION ACTION: [¿y;(PPROVED [] DENIED [ ] OTHER: XX County Attorney: XX Originating Dept. ;1Y JZ;. Review and Approvals XX Community Develop. -z::; XX Public Works: 'O{.-// . )()(Eng;neering~ XX911 Coordinat~ . Finance: (Check for Copy only, if applicable) Eff. 5/96 []J]] OJ ~ [BJ( ~ - ~ . .. J l[ -, I i.-- 0 IF-==, c- o 0 , , I , 1 '-- I , 1 I -I 1 , 1 , , 0 - I , .- 1-: 0 I , , I , 1 !.. - ,_- .J f--- 1 i--- - 7 8 . - ..H................""··....""·· ""............. "'"""'¡:;". n''"'"""'" .'"...... 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'-' ...".I RESOLUTION NO. 99-99 A RESOLUTION NAMING AN UNNAMED RIGHT-OF-WAY EASEMENT AND INGRESS/ EGRESS ACCESS ALONG AND OVER THE EASTERLY CANAL BANK OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 54 LYING IN SECTIONS 8,17 AND 20, TOWNSHIP 35 SOUTH, RANGE 39 EAST OF ST. LUCIE COUNTY, FLORIDA AS "PULITZER ROAD". WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(a), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Pt. A, St. Lucie County Code Section 1-17-54, there shall be no duplications of street names in St. Lucie County, Florida. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets regardless of functional classification, which run parallel to the north- south base line (Orange Avenue) shall be called Avenue, Drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Streets regardless of classification, which run parallel to the east-west base line of (US. Highway 1) shall be called Terrace, Place or some other designation beginning with a letter in the second half (N through Z) of the alphabet. Only streets classified as arterials or major collections by St. Lucie County shall be designated Boulevard, Highway or Road. These designations may be used regardless of direction. ~' \wi 4. The following street name has been reviewed, verified and approved by the County Engineer, 911, Property Acquisition Division and Community Development Department. 5. That certain portion of a 41' to 46' right-ofway easement over the Easterly portion of North St. Lude River Water Control District Canal No. 54 more particularly described in Deed Book 252, Page 665 and Deed Book 255, Page 306 of the Public Records of St. Lucie County, Florida; lying in Sections 8 and 17, Township 35S, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD. 6. That certain permitted Ingress/Egress Access according to the North St. Lucie River Water Control District granted on January 12, 1999 to George E. Guettler, Permit No. 99-0927-054 and February 10, 1999 to Peter W Busch, Permit No. 99-0932-054 lying in Sections 17 and 20, Township 35S, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD. 7. The sole purpose of this Resolution is to establish the name of the easements set out in Paragraph 5 above. 8. Nothing in this Resolution as stated in Paragraph 6 above shall be construed as indicating the intent of the Board to accept maintenance of this Ingress/Egress Access or construed that the North St. Lucie River Water Control District is dedicating this Ingress/Egress Access to the County for use as a "public road". The area described is not a "public road" and will not be maintained by St. Lucie County. 9. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: '- >..".I a. That certain portion of a 41' to 46' right-ol-way easement over the Easterly portion of North St. Lucie River Water Control District Canal No. 54 more particularly described in Deed Book 252, Page 665 and Deed Book 255, Page 306 of the Public Records of St. Lucie County, Florida; lying in Sections 8 and 17, Township 358, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD. b. That certain permitted Ingress/Egress Access according to the North St. Lucie River Water Control District granted on January 12, 1999 to George E. Guettler, Permit No. 99-0927-054 and February 10, 1999 to Peter W Busch, Permit No. 99-0932-054 lying in Sections 17 and 20, Township 35S, Range 39 East of St. Lucie County, Florida shall be named as PULITZER ROAD. 3. The sole purpose of this Resolution is to name PULITZER ROAD. 4. The Community Development Director is hereby directed to notify the appropriate utilities, the Us. Postal Service, the Property Appraiser, the Supervisor of Elections, the Road Department and the Sheriff of St. Lucie County, Florida. After motion and second, the vote on this resolution was as follows: Chairwoman Paula A. Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commission Doug Coward XXX Commissioner Frannie Hutchinson XXX '- ...",,¡¿1 PASSED AND DULY ADOPTED THIS 8th day of June 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G: \acq I WPIBELINDA \STREETNA IPulitzerlrevised resolution. wpd '- ""'" FEE, KOBLEGARD & DeROSS A TIORNEYS AT LAW An Affiliation of Professional Associations 401 SOUTH INDIAN RIVER DRIVE FORT PiERCE, FLORIDA 34950 FRANK H. FEE, III R.N. KOBLEGARD, III,- Board Certified Civil Trial Lawyer SANDRA G. RENNICK of FEE & KOBLEGARD, P.A. FRANK FEE (1913-1983) OTIS R. PARKER, JR. (1910-1982) TELEPHONE (561) 461-5020 ~OSEPH J. DeROSS, JR. , of JOSEPH J. DeROSS, JR., P.A. TELECOPIER (561) 468-8461 April 28, 1999 Ms. Yvonne McCall Property Acquisition Agent Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 1·-...· ---...----- : ,1,./ W ~ n[?, n ñ~---: II':,,. - : J ¡ Re: Street Naming - Pulitzer Road Resolution No. 99-99 - Draft (!¡'J/), 9 I .J, r I \ I.. : Dear Yvonne: If"\[' ~ -. '. .. .', , .-.¡..J. 'L:F~:V' I' .~' > ,-. _. '", ' l . ¿ ~- ..' ~' ......--- ~--..... -----. " (.. .' '-.), ~ . -' ' ---- .... .--.---- --...:. .". .' Thanks for your letter of April 26th enclosing the revised resolution regarding the naming of Pulitzer Road. I am very pleased with the revision Dan McIntyre has made, and I think it will provide additional comfort to the District Board of Supervisors. Again, thank you. Yours very truly, ~ 1-/" Frank H. Fee, III FHF/csm cc: Daniel S. McIntyre County Attorney '- -...I BOARD OF COUNTY COMMISSIONERS PROPERTY ACQUISITION April 26, 1999 Attorney Frank H. Fee, III Fee, Koblegard & DeRoss 401 S. Indian River Drive Ft. Pierce, FL 34950 Subject: Street Naming - Pulitzer Road Resolution No. 99-99 - Draft Dear Mr. Fee: Attached is a revised draft of Resolution No. 99-99 regarding the street naming of Pulitzer Road for your review and written comments. Mr. McIntyre suggested some additional wording that is reflected on page 2, no. 8 which I have underlined. If you have any questions regarding this matter, please all me at 462-2825. onne McCall roperty Acquisition Agent Cc: County Attorney Property Acquisition Manager/file JOHN D ßr\UHN. Disrricr No 1 . DOUG COWAr\D. Dlsrricr No.2· PAULA A. LEWIS. Disrricr No..3 . mANNIE HUTCHINSON. Dlsrflcr No 4 . CLIFF ßAr\NES. Disrrlcr No.5 County Admlnisrroror . Douglas M. Anderson 2.300 Virginia Avenue · Ft. Pierce. FL .34982 (561)462-1725 · FAX(561)462-1440 I)~ 19 99 14: -12 'ð'561 :lAg ,~-l61 F B & K l4J002 '-.-/ ...." ............. '-- FEE, KOBLEGARD & DeROSS ATIORNEYS AT LAW An Atfilicui.on of Pro!essjQfI(Ú AssociariorJ 4ù~ SOUTH L"ID1A1'I mYE.R DRIVE FORT PLERCE.. FLORIDA 34950 FF.:,~K H FEE. ül k N KGBLEC¡,R!J. !II - iJo(ll'd Ctrtified C¡",I Trial La~i<r S,>.~ DR.. G kßNNlCli. oi Fn: I;; KOBLEOA,Í'1J. P .... I'RA..'i!( FE€ (19L]-19~3) OTIS R. PARX:ER. JR. 091~¡9g2ì TELEPHONE (561) 4ól·5Ù?,1) , KS:ÕPH J. DeROSS. JR. , of JOSH'1i J. D.ROSS, JR, I"A. TELECOP!ER (561) 468·8461 April 6, 199'9 !\.1s. B:=linda V ose AcquisitIOn Agent Property Acquisitiol1 Board of COtLTlty Commissioners 2300 Virginia Avenue Fan Pierc~, FL 34982 ìle: Street ~ aming - Pulitzer Road Resolution No. 99-177 - Draft Dear Ms. \' ose: I wish to acknowledge receipt of your letter of March 23. 1999 enclosing to me a copy oÎthe draft re501dion D.ûmber 99·177 relating to Pulitzer Road street naming. Reference is made to my letter of March 9, 1999 to Donald G. Cole, Property Acq:lisition !'vfanager Subject to the comments (¡fthat letter, the North 81. Lucie RIver Water Control District registers no opposition to the COl.l11ty's proposed action. Yours very truly, Þ Q---~ Frank H. Fee, ill FHÇ'/::sm '- ...., FEE, KOBLEGARD & DeROSS ATIORNEYS AT LAW An Affiliation of Prqfessional Associations 401 SOUTH INDIAN RIVER DRIVE FORT PIERCE, FLORIDA 34950 FRANK H. FEE, III R.N. KOBLEGARD, 111.- Board Cenified Civil Trial Lawyer SANDRA G. RENNICK of FEE & KOBLEGARD, P.A. FRANK FEE (19\3-1983) OTIS R. PARKER, JR. (1910-1982) TELEPHONE (561) 461-5020 JOSEPH J. DeROSS. JR. , of JOSEPH J. DeROSS, JR., P.A. TELECOPIER (561) 468-8461 March 9, 1999 Mr. Donald G. Cole Property Acquisition Manager Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Street Naming - Pulitzer Road Dear Don: Your letter of February 17, 1999 sent to the North S1. Lucie River Water Control District was reviewed and discussed at the last regular meeting of the District Board of Supervisors. Since the meeting, I have been contacted by Belinda V ose of your staff and we have discussed the issue. The District Board directed that I write advising that the matter of extending names to geographic areas within the County is within the provence of the County, and the District has no objection should the County wish to designate by name an area of canal right-of-way. Should a street name be extended to canal right-of-way, the District Supervisors wanted me to caution that the District must not be held accountable for any misconception that its right-of-way has been transferred or dedicated for public use as a road. The District Board believes affected owners are urging the naming of right-of-way in order to give a mistaken perception to other agencies that a public road exists, and the District does not want to participate in the fostering of any misperception. ~~ Frank H. Fee, III -r:\.Ii. w,·u.ffi~ . :, i I: \ I \'.1AR I 0 1999 : . ... :' ' I ,..I '. FHF/csm cc: North 81. Lucie RIver Water Control District i _ . d' \ r'" .-, . .rh.) L:'" 1..:-:-.----- - - -.. ... ,........ ":-"1" f _ ... 11.' I, 'j "--' """ DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM DATE: Cliff Barnes, County Commissioner, District V Ray Wazny, Community Development Director ~/ January 25, 1999 TO: FROM: SUBJECT: George Guetter/C-54 Canal As a follow up to my memorandum to Commissioner Doug Coward dated 01/21/99, I have asked Don Cole, Acquisitions Manger to process the naming of the extension as requested by Mr. Guetter. If you have any questions, please call me at extension 1590. Attachment RW/sa I n,.12 æ,~J_ WI I?, cc: County Commission County Administrator Acquisitions Manager Road & Bridge Manager \, \ ,4 ..1. ......261tft1 !J~~'" ~ ¡ , I . . ,.... ,_,.;..- .,_~h " ' ,'. ~ 'R J. )..:;"\. 1 },,,\\...,i.~.I.:J J . \ _.') '-__. - - .00-"--" "-.. C:\O CDIMEMOS\9901\25 CB.wpd '- 'WI BOARD OF COUNTY COMMISSIONERS CLIFF BARNES COMMISSION EI\ MEMORANDUM FROM: MIKE BOWERS, ROAD & BRIDGE MANAGER CLIFF BARNES, COUNTY COMMISSIONER, DISTRICT 5 r:;¿g TO: COPY: RAY WAZNY, PUBLIC WORKS DIRECTOR DATE: JANUARY 21,1999 RE: GEORGE GUETTLER/C-54 CANAL Mr. Guettler has spoken to the North St. Lucie Water Management District and has received a permit for Canal-54 right of way. He wants the name extended to Section 20 on the east side of C-54. Per Mr. Guettler, he has discussed this with you and has been advised that this shouldn't be a problem. I would appreciate your working with him to bring this to fruition. JOHN D. Df\UHN. Dlsrricr NO.1' DOUG COWAf\D. Disrricr No.2' PAULA A. lEWIS. Dlsrrier No. J . FI\ANNIE HUTCHINSON; District No.4' CLIFF DAf\NES. DlsrrlCT No.5 County Administraror - Douglas M. Anderson 2JOO Virginia Avenue · Fort Pierce. FL J4982-5652 · (561) 462-1408 FAX (561 ) 462-21.31 . TDD (561) 462-1428 '-- - - ...." ...".... DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM iTO: FROM: Doug Coward, County Commissioner, District 2 Ray Wazny, Community Development Director ~ January 21, 1999 DATE: SUBJECT: Pulitzer Road Extension. Mike Bowers, Road & Bridge Manager, Don West, County Engineer and Commissioner . Cliff Barnes met with Mr. Geuttler to discuss access issues concerning his property. At the conclusion ot this meeting Mr. Geuttler was advised to contact the NSCRWCD to obtain an easement permit legal access to this property. Mr. Geuttler needs the easement in order to obtain tinancing to build a home. St. Lucie County does not have the authority to grant easements tor access within a NSCRWCD canal right-ot-way. If the lender requires road naming, this will take place after an easement is granted by NSCRWCD. The County generally names private easements to provide identification for emergency vehicle response. Please call me at extension 1590, if you have any questions, RW/sa CC: County Administrator County Engineer Road & Bridge Manager Land Development Coordinator C:\O CDIMEM0Sl9901\21 DC.wpd '-' '-" -JIt. ..-. . ))/1 ¡ '-' ~ DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM TO: FROM: Doug Coward, County Commissioner, District 2 Ray Wazny, Community Development Director ~ SUBJECT: Pulitzer Road Extension. nÞ )e¡ ~ JYí IV DATE: January 21, 1999 Mike Bowers, Road & Bridge Manager, Don West, County Engineer and Commissioner Cliff Barnes met with Mr. Geuttler to discuss access issues concerning his property. At the conclusion ot this meeting Mr. Geuttler was advised to contact the NSCRWCD to obtain an easement permit legal access to this property. Mr. Geuttler needs the easement in order to obtain tinancing to build a home. S1. Lucie County does not have the authority to grant easements tor access within a NSCRWCD canal right-ot-way. .'. It the lender requires road naming, this will take place after an easement is granted by NSCRWCD. The County generally names private easements to provi . ificatiQJ1J.QL_~,...._~ emergency vehicle response. rõ1 ...Lt ®~~lLi,W .l. ¡ 'j. , ,lie "28" .. ~.~'h J·~·c~.,~.-' ~. -.,', ..'. ~ Please call me at extension 1590, it you have any questions, cc: County Administrator County Engineer Road & Bridge Manager Land Development Coordinator . mr-~c-L~ ~ ,1L~~N 2~.~æJ cD\'¡',/ \ ,,-V \ '\ ( { ·D \ - RW/sa C:\D COIMEMOSI9901\21 DC,wpd ~) 1,0 ¡'it bCG f j e· fíY/I¡r1 Ray Wazny, Community Development Director ~ '- ßOARD OF COUNTY COMMISSIONERS MEMORANDUM TO: COPY: ....." DOUG COWARD COMMISSIONER FROM: Doug Anderson, County Administrator~ ~ Doug Coward, County Commissioner, District 2 DATE: January 7, 1999 SUBJECT: PUlitzer Road I met with Mr. Geuttler this afternoon regarding his interest in extending Pulitzer Road south from Orange Avenue through Section 17 to Section 20 (see Tax Map 23/20N). He indicated he was interested in an extension of the "named" portion of the r~ad as opposed to actual construction by the County. Recognizing there is no County owned right-of-way in this general vicinity, and current access is along a canal bank, please advise regarding the result of this request. Is this feasible? Has the County made similar arrangements in the past? What are the legal and financial obligations if we proceed with this request? Thank you in advance for your prompt attention to this matter. 'I'~\I r Œ r:~ ~': [[ ¡-' L' . . -~_.._, ; , < i JU JAN - 8 I~~ i' f , : L L-.--------__-l " ce !" '~. :::TiCE ------ - ----- - .--_.~ JOHN D. OI\UHN, Disr(lCr No.1' DOUG COWAI\D, Dlsrricr No, 2 . PAULA A. LEWIS. Disrricr No. J . Fl\ANNIE HUTCHINSON. Disrricr No, 4 . CLIFF OAI\NES. Disrricr No.5 Counry Admlnisrraror . Douglas M. Anderson 2.300 Virginia Avenue · Fort Pierce, FL .34982-5652 . (561) 462-1412 FAX(561)462-21J1 · TDD(561) 462-1428 ot '- '-" NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT ("District") 2721 South Jenkins Road Fort Pierce, Florida 34981 (407) 461-5050 Application for Connection to or Use of District Facilities· N~ 19~o92-7 -057 A. G:;¡:¡_:!};~f!J?f(!l>¿ r l; £ Telephone Number: j'¿ "T 4/ S" ð'1 Proposed Connection or Use: (Check appropriate box) o Culvert connection to District canal for irrigation or gravity drainage o Pump connection to District canal for irrigation o Installation of culvert or water control structure in District canal for crossing or water control ~ Other (specify): atMu-<J ø ~ .~ Landowner Information Name: Address: B. Location: . 3 - Section: (;f2() Township: ~ Canal No.: 51 Area served: acres D. Construction Schedule: Estimated commencement date: Estimated completion date: F. Special Conditions: C. Range: ..3 c¡ ACKNOWLEDGEMENT AND ACCEPTANCE: I hereby certify that the information shown above is accurate to the best of my knowledge, and thatI am obligated to satisfy all Standar.ct Provisions and pecial Conditions imposed by the District: Landowner's Signature: Landowner's, ~me (type or print) Date: I / "2¡1 f tJ , I I If Applicant is not the Owner: I hereby certify to the statement above, and also that I am authorized by the Landowner to act as his agent in obligating him, his successors and assigns in this matter: Signature: Name (type or print): Title or Position: Date: . . . . . . * * * * . * * . * * . * . * * . . . * * . . . * * * For tþé ~~t.Lucie River Water Control District Date of Approvå: / - /2_v Pennit Expiration Date: II-j/;'" *This Application will become a Permit if and when approved and signed by an authorized repre- sentative of the District. .. . .....' BOARD OF COUNTY COMMISSIONERS ...." PROPERTY ACQUISITION February 17, 1999 North St. Lucie River Water Control District Attn: Carol 2721 Jenkins Road Ft. Pierce, FL 34982 Subject: Street Naming - Pulitzer Road Dear Carol: I The St. Lucie County Property Acquisition Division has received a request to extend the name of Pulitzer Road to the South side of Busch Property lying in Section 29, Township 35S, Range 39 E. According to our records St. Lucie County has a right-of-way easement approximately one (l) mile South of Orange Avenue. At this time we are seeking your Board's approval to allow us to formally name the East canal bank of NSLRWMD Canal No. 54 lying in Sections 8, 17,20 and the North Y2 of the North Y2 of Section 29, Township 35S, Range 39 E according to the attached map. This street naming would include only the landlocked property, which does not have legal access via Brocksmith Road to the East and Shinn Road to the West. If you have any questions regarding this matter, please contact our office at the number below. Sincerely, Cc: County Attorney Property Acquisition Manager/file G:\acq\ WP\BELINDA \STREETNA \Pulitzer\nslrwcd. wpd JI/fc; - ~J¡v~ ~~ ~::11 cdlllb£yn(]6- ~~;v etr~ ~).·~¿/ð Donald G. Cole Property Acquisition Manager JOHN D ßRUHN. Disrflcr No.1· DOUG COWARD. District No.2. PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District No.4. CLIFF ßARNES, District No.5 County Adminimotor . DOl'glos M. Anderson 2.300 Virginia Avenue · Ft. Pierce. FL .34982 (561)462-1725 · FAX (561) 462-1440 · . 'w' ""wI P. O. Box 1.2429 Fort Pieree Florida 34979 February 10, 1999 St. Lucie County Land Acquisitions 2300 Virginia Avenue Fort Pierce Florida 34950 HAND DELIVER County Land Acquisitions: and received a permit for access on the east side of Canal 54. Please add my name to owners who will have access from Pulizer Road when extended south along the I would also like to see Pulizer Road extended to the southern most point of my property. would like to receive all mailings concerning this extension of Pulizer Road. PWBnjb 1';.'\ /~ :pì r~; [I Wi Ii, , , ; 1,1 ! ....................... MAY-27-1998 16:31 .". /'.. //~ /' ./ ,/ EWBECHT "-i ..""", . EXHIBIT "A" Lots 2, 3, 6 and 7, ahd the West ~/2 ot Lots 1, 4, 51 81 10, 11, 14 and lS of Block 3, and Lot 2, Block 6. of MC~~N FARMS, as per plat therGof on file in Plat Dook 41 Page 56 of the ?u~lic Recor~s of St. t..UCiê¡ County, Florida. . . '. . . . " , . .. f . . " , . , . . . . '~iL:l J! !',! _1 P 'J . ,I ~ ., : 0.,;. .I ~"-T.J 1 0 4 8 2 5 5 Jjt( ,'. i L ;"..~ '..{~: !..::- :: "~; ! nüu L·-õ<: '1:;T,,~!;"1 c: ~~ OJ . :.; C = ," ~ ,I !i.~ T!". ; go§r.693 PAGf1908 ~.,,,,,....-..,. .'l'VN.......OI't'~~.,~,.,..,....IIÞ.'~'.......~____.. -., ... . . , . . .; .... . - P.03 ..... ~ : .~ il . ¡. '. \ ~ ~. . ". : . .. ¡ ! I , I \ ¡ I ~ I , I ~ ~ ~ 'j ~ " f" ~ ;:, ... t- " f ~ ~ ~ ;, ¥ . ~, r i ~ " µ b t , p I i I , \.w' ...., N~99-0932-tè"1 NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT (" District") 2721 South Jenkins Road Fort Pierce, Florida 34981 (407) 461-5050 Application for Connection to or Use of District Facilities· A. ~;;~:~ner '~~~1lh(~ *;~;t-) Telephone Number: . S~l ~ 1¡'ù...·7i/ if Proposed Connection or Use: (Check appropriate box) o Culvert connection to District canal for irrigation or gravity drainage o Pump connection to District canal for irrigation o Installation of culvert or water control s turein District canal for crossing or w ~ther (s cif): B. C. Range: Location: '20 "2 - Section: C7 -J-J Township: ~ s;- Canal No.: 57' Area served: acres D. Construction Schedule: Estimated commencement date: Estimated completion date: F. Special Conditions: ACKNOWLEDGEMENT AND ACCEPTANCE: I hereby certify that the information shown above is accurate to the best of my knowledge, and that I am obligated to satisfy all Standard Provisions and Special Conditions imposed by the District: Landowner's Signature: Landowner's Name (type or print) Date: If Applicant is !!2.! the Owner: I hereby certify to the statement above, and also that I am authorized by the Landowner to act as his agent in obligating hi . is succes r and a signs in this matter: 0-- 1 Signature: Name (type or pOnt): Title~?r. Pop¿>\on:" ./ Date-· _[0 It r:¡ - I . * * * * * * * * . * * * * * * . * . * * * . * . * * * * . . * By: Date of Approval. Pennit Expiration Da e: *This Application will become a Permit if and when approved and signed by an authorized repre- sentative of the District. \ f· \. . '-' ....", NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT ("District") Application for Connection to or Use of District Facilities ST ANDARD PROVISIONS for Application/Permit No. If this Application for a Permit is approved, I do acknowledge, understand, and agree that: 1. I hereby indemnify and hold the District harmless from claims for property damage or personal injury arising from the installation or use of the permitted facility, and that this indemnification extends to damage to the facility itself that may occur from District operation and maintenance work. 2. If this Application/Permit is for a drainage connection, then drainage discharge from the area served shall not exceed the volumetric equivalent of 2.0 inches of depth over the area for any 24-hour period (38.5 gallons per minute per acre) from the la-year frequency, 72-hour duration rainfall. 3. Approval of this application does not relieve the Permittee from securing any and all other permits that may be required by other entities or governmental agencies, including, but not limited to, the South Florida Water Manage- ment District, the Florida Department of Environmental Regulation, and St. Lucie County. 4. The Applicant, his agents and contractors, shall conduct the work in a manner that will not impair the use, or poten- tial use, of the District right-of·way and facilities. In no case shall drainage or irrigation canals or appurtenant works be obstructed or restricted. . , 5. The use of, or construction within, the District's right·of·way shall conform to the de~àils of the attached approved drawings supporting this applicaton. If modifications are desired. those modifications must be approved by the District in writing, prior to construction. 6. If a permit is granted, I shall notify the District at the beginning and completion of the work, enabling the coordin· ation and scheduling of inspections. 7. All installations shall be clearly marked with a post of contrasting colors to identify the location and extent of the permitted installation. 8. Within fifteen (15) days of completion of the work, I shall submit a statement to the District certifying that the work was performed in accordance with the permit and the approved drawings. If the work deviates from the permit or approved drawings, the certification shall state the nature and extent of those deviations. 9. I accept total responsibility for any erosion of, or shoaling in, the District's right-of·way or canals that results from the permitted work, and I shall repair or remove same promptly, at no expense to the District. 10. During and after construction, I shall prevent material from the construction area from being discharged to, or set- tling in, District canals. 11. If a permit is issued for a hydraulic connection of my property with a District canal, I shall not discharge hyacinths or other aquatic vegetation into the District canal. ,. 12. Unless authorized by permit, I shall neither place, construct or plant. nor cause to be placed, constructed or planted, any object or improvement within the District right-of-way without the express written prior approval of the District. 13. If required in the interests of the District's operation and maintenance program, or by any modifications to the District's Standard Provisions, I agree to alter, replace, relocate, or remove the permitted facilities at no cost to the District, all as is more fully set forth by District Policy Resolution duly recorded in O.R. Book 669 at page 699 of the public records of St. Lucie County, Florida. but subject to the limitations thereof. 14. The lands to be benefited by this application are, or may be, subject to nooding during periods of high water resulting from heavy rains or other acts of God, and the permit will be accepted subject to this possibility, which is recognized not to be within the control of the District. 15. Any other requirements that may be imposed hy the District are binding upon me, my successors and assigns. 16. Any permit issued as an approval of this application other than one issued in irrevocable. recordable form pursuant to the Policy Resolution referenced in item 1:3. ahove, shall not he transferable from the applicant/permittee to a subse- q uent owner or owners of all. or a portion of.'the subject property without the express, written approval of the District. \w -....I ST. LUCIE COUNTY EROSION DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis Frannie Hutchinson Cliff Barnes District 3 District 4 District 5 AGENDA June 8, 1999 1. MINUTES Approve the minutes of the meeting held April 27, 1999. 2. WARRANTS LISTS ~G) Approve Warrants Lists No. 30,31,32,33,34, 35 an~ 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 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. ·_.____~__.U......-__'4~~_··...·~.~·........"--,·, .::=:--._._~~ . ~., '-' -~.- -. - ....,¡ EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 27, 1999 Tape: 1 Convened: 10:06 a.m. Adjourned: 10: 10 a.m. Commissioners Present: Chainnan, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Cliff Barnes, John D. Bruhn Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney; Julia Shewchuk, Community Development Director; Ray Wazny, Public Works Director; Jim David, Mosquito Control Director; Bill Blazak, Utilities Director; Jack Doughney, Leisure Services Director; Don West, County Engineer; Deputy Nickel, A. Millie Delgado, Deputy Clerk 1. MINUTES ( 1-190) ~ It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the minutes of the meeting held March 23,1999; and, upon roll call, motion carried unanimously. :":'1 2. CONSENT AGENDA (1-195) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. The District approved Warrant List No. 26,27,28 and 29. 2. PUBLIC WORKS Work Authorization- The District approved a work authorization to Taylor Engineering for beach and inlet monitoring, data analysis and annual report preparation in support of the beach renourishment pennit, spur jetty pennit and inlet management plan, in the amount of $186,446 and authorized the Chainnan to execute. There being no further business to be brought before the District, the meeting was adjourned at 10:10 a.m. ~ '" Chairman ~ "" "I Clerk of Circuit Court 'l"\ "" "'" (-' .¡.~ .~ ~"~1 ~ ~~-~~ 't ,,,:~:--~'7/ ~7 04/3t99 FZAB~ARR 1 ¡ FùND \ TttLE ! ~ LUCIE COUNTY - BOARD 'wi VARRANT LIST #31- 24-APR-99 TO 30-APR-99 FUND SUMMARY- EROS!ON 184 Erosion Control Operating Fund GRAND TOTAL: i ì -¡ t 4 ~ ¡ EXPENSES 2,007.31 2,007.31 PAGE PAYROLL 1,994.51 1,994.51 1 04/23/99 FZABTJARR ~ LUCIE COUNTY - BOARD "'wI TJARRANT LIST #30- 20-APR-99 TO 23-APR-99 FUND SUMMARY- EROSION FUND TITLE 184 Erosion Control Operating Fund GRAND TOTAL: ·...::::,or-":-i.... EXPENSES 4,452.69 4,452.69 PAGE 1 PAYROLL 0.00 0.00 05/17/99 ~ LUCIE COUNTY - BOARD .." PAGE 1 FZABVARR VARRANT LIST 133- 08-HAY-99 TO 14-MAY-99 FUND SUMHARY- EROSION ¡..,.~~.~ FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,099.95 1,994.51 .. GRAND TOTAL: 1,099.95 1,994.51 ~ ~ /'- -- \:.~.: '~ OS/21/99 FZABVARR FUND 184 '-" ST. LUCIE COUNTY - BOARD ....", VARRANT LIST #34- 15-MAY-99 TO 21-MAY-99 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund GRAND TOTAL: EXPENSES 11,241. 33 11,241. 33 PAGE 1 PAYROLL 0.00 0.00 ,--- -- ....,.,,"':'·,;;:~·_,:;:'i'::-~~:'"~;;.......:.;,.\"-./t,,:·~';;,:-:'O;.~Y';,;;~,.'t;:i,:l:-:l~:J;.~::ri,,'~<·.~-~1--;:;~':~'~·,:"<;'I.:;.~~.~;...:JJ:':':~;::::?~à~::~i'""~2'1"~i 2ë,~; '';::_-:'','' -...:...:..-:...::......._..._.;;;.;._., .._.~ .... - ....h~.__,-_ ...:.... ;,;-:...::....-···1·-:-· '".::..;¿~~~~'.' f 1!. ol ~. ~ ., h, .., If ~ l' ~, >: ßð ~;. ~)- " ·f ~ ("'\"''1. ;, ,! O~.Oa_· \:; , o~ ~ ~ J ~ ~ R l' .-" f '4 ~ i &) '¥ it; it ~. iO· ~. ..~ ~~. '. , (." \ ..,,'. i¡" 'w ? ~... r -l. ~ { ~ t '" t ~ ~ ~ i, e t:.:·· .- o. ..,,~ _L r- hO- . 6s/öii99 FZABVARR ,-:~;~;-':~ --". ' ."'-',-".' ,_"..;-.-".-, o. ._ _'.. . -----.'._.~'.... - -~.~--.:::~:~ ...::_---- '-" ST. LUCIE COuNTY - BOARD vARRANT LIST #32- Ol-MAY-99 TO 07-MAY-99 FUND SUMMARY- EROSION ' ,.... ... FuND TITLË 184 Erosion Control Opêrating Fund EXPENSES ,·0 ~ . !: .~ 4. .... GRAND TOTAL: - 3,119.49 3,119.49 "-" --..--- PAGE PAYROLL 0.00 0.00 --,~~- -'-,-- -.-----_._- 1 06/01/99 ~ LUCIE COUNTY - BOARD ..., PAGE 1 " FZABVARR VARRANT LIST #35- 22-MAY-99 TO 28-MAY-99 i'; FUND SUMMARY- EROSION " ..-.. FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 727.41 1,994.51 GRAND TOTAL: 727.41 1,994.51 --) ~ '\.:i> . .., 06/04/99 ~. LUCIE COUNTY - BOARD ...., PAGE 1 FZABTJARR TJARRANT LIST 136- 29-MAY-99 TO 04-JUN-99 ',4 FUND SUMMARY-EROSION FUND TITLE EXPENSES PAYROLL ~t 184 Erosion Control Operating Fund 11,765.62 0.00 GRAND TOTAL: 11,765.62 0.00 '. ~~ "4Þ' -'''-.~ """'.:~.' _~"'-;'_--"'."è:..~,.",~,-_."",,",~. ,,-, ". '- ~""'" '-' """" ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 AGENDA June 8, 1999 Frannie Hutchinson Cliff Barnes District 4 District 5 1. MINUTES Approve the minutes of the meeting held May 11, 1999. 2. W ARRANTS LISTS Approve Warrants Lists No. 33, 34, 35 and 36. 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. ~ --....~..-'''..~ -----"...,.._--,- ",""",.~ '-" \..,I MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 11, 1999 Tape: 1 Convened: 10: 13 a.m. Adjourned: 10:15 a.m. Commissioners Present: Chairman, Doug Coward, Frannie Hutchinson, Paula A. Lewis, John D. Bruhn, Cliff Barnes Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney; Julia Shewchuk, Community Development Director; Jim David, Mosquito Control Director; Harvey Lincoln, M & B Manager; Deputy Nickel; A. Millie Delgado, Deputy Clerk 1. MINUTES (1-2825) It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the minutes of the meeting held April 27, 1999; and, upon roll call, motion carried unanimously. 2. CONSENT AGENDA (12827) It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant Lists The District approved Warrant List Nos. 31 and 32. 2. Purchasing! Bid No. 99-46 The Board approved rejecting all bids for purchase of aluminum culvert materials and modify the specifications to include additional types of pipe and rebid. There being no further business to be brought before the District, the meeting was adjourned at 10:15 a.m. Chairman " Clerk of Circuit Court ~ ~ P ¡ ¡ .¡ " , !i I 05/17/99 ~ LUCIE COUNTY - BOARD ....,-' FZAB'WARR 'WARRANT LIST #33- 08-MAY-99 TO 14-MAY-99 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund GRAND TOTAL: \':"""~ EXPENSES 20,281.79 20,281. 79 PAGE 1 PAYROLL .. 23,194.32 23,194.32 .< '-' ST. LUCIE COUNTY - BOARD OS/21/99 FZAB\TARR ....,; \TARRANT LIST #34- 15-MAY-99 TO 21-MAY-99 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund GRAND TOTAL: ._..-:.~~~i.- EXPENSES 20,667.15 20,667.15 PAGE 1 PAYROLL 0.00 0.00 ,-""" .. ~ :£;~Ji '. ~ .¡ ~ ~ f¡ ç' l_-_____.._. 06/01/99 FZABVARR FUND 145 146 ~ LUCIE COUNl'Y - BOARD . ..", VARRANT LIST 135- 22-MAY-99 TO 28-MAY-99 FUND SUMMARY- MOSQUITO TITLE ., Mosquito Fund Mosquito State I Fund GRAND TOTAL: .:'<.. EXPENSES 18,439.90 19,476.87 37,916.77 PAGE 1 PAYROLL 24,433.27 0.00 24,433.27 -.-. -,~~-"""""",-.~,...---_.....<......,;..._........~",:""."..,,.. .-. 06/04/99 W LUCIE COUNTY - BOARD FZABWARR , .,.., WARRANT LIST #36- 29-MAY-99 TO 04-JUN-99 FUND SUMMARY- MOSQUITO '.;-~ FUND TITLE .'-.-:~.... ( ~ 145 Mosquito Fund GRAND TOTAL: ",~--~.'_.-....,--,.,-_._-_.-.,-. EXPENSES 3,943.52 3,943.52 - PAGE 1 PAYROLL :J 0.00 0.00