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HomeMy WebLinkAboutAgenda Packet 07-13-99 ~ . . '-' July 13, 1999 ....,¡ 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 Drior 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, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. '-' '-' ßOARD OF COUNTY COMMISSIONERS 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 AGENDA July 13, 1999 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANC Approve the minutes of the meeting held July 6, 1999. PROCLA TATION A. Ernst and Young - The County's auditor will present the annual financial statements for September 30, 1998. B. Resolution No. 99-159 - A resolution recognizing the accomplishments ofthe St. Lucie County Historical Commission during the fiscal year 1998-1999. C. Resolution No. 99-162 - A resolution commending Bishop John Theophilus Archer on his anniversary of over fifty-five years as an '8-~ Minister. ","""'->.. /D) '-- . Wm R. Hough & Co. - The County's Financial Advisor will report on the bond . financing of the Holiday Pines Water and Wastewater system. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 5. ADMINISTRATION A. Contractor Certification Board- This item is re-agendaed from June 22, 1999. Consider staff recommendation to reappoint/appoint an electrical contractor and an air conditioning or mechanical contractor to the Contractor Certification Board. 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 wiII be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request " ''-'' """" REGULAR AGENDA JULY 13,1999 PAGE TWO 5. ADMINISTRATION (CON'T) B. Critical Projects List - Consider staffrecommendation to approve the projects listed as prioritized and authorize submittal to the appropriate State department for possible line item funding in the 2000-2001 budget. @) Purchase Jetty Park - Commissioner Barnes would like to discuss the purchase of Jetty Park. 6. COUNTY ATTORNEY A. Resolution No. 99-163 - Utility Territorial Dispute between City of Port St. Lucie and Fort Pierce Utilities Authority - Consider staff recommendation to adopt Resolution No. 99-163 and authorize the County Administrator to send a certified copy of the resolution to the Chief Administrative officers ofthe City of Port St. Lucie and the Fort Pierce Utilities Authority with a copy to the chief administrative officer of the City of Fort Pierce. B. 1999 Economic Development Exemption Application - Estumkeda, Ltd. d/b/a Micco Aircraft Company - Consider staff recommendation to accept the report of the Property Appraiser, and grant permission to advertise Ordinance No. 99-13 for a public hearing for July 27, 1999 at 9:00 a.m. 7. COMMUNITY DEVELOPMENT Draft Resolution #99-138 - Consider staffrecommendation to approve Draft Resolution 99-138 Reaffirming the Ranking between the St. Lucie Metropolitan Planning Organization that the Portion of South 25th Street between Edwards and West Midway Roads is the Number One, Non-state Roadway Transportation Improvement Project in the County. .J '-" .."., CONSENT AGENDA Julv 13. 1999 1. WARRANTS LIST Approve warrants list No. 41. 2. PURCHASING D. o ~j)E. iV A. Permission to advertise for bids - Consider staff request for permission to advertise for bids for Longline Mowing contractors. B. Bid Waiver and Sole Source Declaration for Southern Security Systems in accordance with the St. Lucie County Purchasing Manual sections 5.5, (a), (2) & (4) - Consider staff recommendation to approve the request for a bid waiver and sole source declaration for Southern Security Systems for the replacement ofthe computer system for the security and fire alarm system at Rock Road Detention Center. C. Bid No. 99-063 - Consider staff recommendation to award the bid for painting the interior of the St. Lucie County Civic Center to VIP Painting in the amount of $18,875.00. Authorize the Chairman to sign the contract as prepared by the County Attorney. Establish the project budget as outlined. Permission to advertise Request for Proposals - Consider staff request for permission to advertise a Request for Proposals for the Recycling of Cardboard from the Landfill. Bid No. 99-057 - Consider staff recommendation to award the bid for the construction of ADA Bathrooms at various sites in the County to Adnan Investment & Development in the amount of $168,300.00 and Chuck Enns Construction in the amount of $87,519.13. Authorize the Chairman to sign the contract as prepared by the County Attorney. Establish the project budget as outlined. 3. LEISURE SERVICES Resolution No. 99-160/Equipment Request No. EQ99-217 - Consider staff recommendation to approve Resolution #99-160 and Equipment Request EQ99-217 and grant permission to purchase a Two-Way Radio used by County lifeguards as replacement of radio lost/stolen on 5/26/99. 4. CENTRAL SERVICES o j)B. r ~() A. Personal Computers for Fleet Maintenance Program - Consider staff recommendation to approve purchasing the 3 PC's for the new fleet maintenance program in the amount of $3,645.00 Award of Rock Road Jail Booking Addition Bid #99-058 - Consider staff recommendation to approve the award of the contract for additions and renovations to Rock Road Jail Booking to the low bidder Adnan Investment and Development in the amount of $548,900.00 Staff also recommends approval of additional funding required to fund the project, including contingencies ($69,760.00) in the amount of $220,000.00 ~ " '" '-" .."., CONSENT AGENDA JULY 13, 1999 PAGE TWO 5. MANAGEMENT AND BUDGET Resolution No. 99-161- Consider staff recommendation to approve the budget resolution #99- 161 establishing the budget for the FY99 FBIP allocation in the amount of $63,422.00 6. ~ANSERVICES Resolution No. 99-156 - Approval of the application for the 1999/00 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged, authorization for the Chairman to sign all documents necessary to execute the application and approval of Resolution No. 99- 156. 7. COMMUNITY DEVELOPMENT A. Tourism - Consider Tourist Development and staff recommendation to approve payment of the invoices to R. J. Gibson in the amount of $6,822.46 B. Historic Preservation Grant Award-Agreement - Approve the Historic Preservation Grant Award Agreement between the State of Florida, Department of State, Division of Historical Resources and the St. Lucie County Board of County Commissioners. 8. COUNTY ATTORNEY A. Indrio North Savannas Project FCT #95-052-P56 - Consider staff recommendation to approve Option Agreements for Parcels 120, 173, 175, 176, 219 and 228 and authorize the Chairman to execute the agreements. B. Resolution No. 99-53 - Consider staffrecommendation to approve Resolution No. 99- 158 for the proposed street renaming of "Garden Lane to South Indian River Lane" for this private ingress/egress easement. 9. PUBLIC WORKS A. Extension of Contracts - Consider staff recommendation to approve the third one year extension to contracts for Environmental Consulting Services: Phase I - Environmental Assessment and Wetland Delineation; Phase II - Contamination Assessments B. Gilson Road - Consider staff recommendation to accept Gilson Road for maintenance and release of the maintenance bond to the developers. 10. ADMINISTRATION AT &T Long Distance Phone Bills - Consider staff recommendation to approve Budget Amendment No. 99-126 to pay additional charges on AT&T long distance phone bills. '-" """" BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA JULY 13~ 1999 REGULAR AGENDA PROCLAMA TION/PRESENTA TION A Dorothy J. Conrad - Mrs. Conrad will present a Recapitulation ofthe 1998 Tax Roll AIRPORT A.l Lease Agreement- Consider staff recommendation to approve the terms ofthe lease agreement as outlined, to lease approximately 400 square feet of the St. Lucie County Air Terminal building to Florida Coastal Airlines (FCA) and approximately 400 square feet ofthe Terminal building to Island Express to operate scheduled air carrier service at St. Lucie County International Airport. Also consider staff recommendation to approve a Grant Agreement for Scheduled Airline Service with Florida Coastal Airlines and Island Express. )" " W' ....,¡ )8 RESOLUTION NO. 99-159 A RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF THE ST. LUCIE COUNTY mSTORICAL COMMISSION DURING FISCAL YEAR 1998-1999 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The St. Lucie County Historical Commission was established by the St. Lucie County Board of County Commissioners in 1984 in an effort to preserve St. Lucie County's history and to establish educational outlets for the public. 2. Through collaborative efforts of the St. Lucie County Historical Society, the St. Lucie County Cultural Affairs Council, the Leisure Services Department, and other agencies and County departments; the St. Lucie County Historical Commission has accomplished the preservation of the history of St. Lucie County for generations to come. 3. Some of the accomplishments of the S1. Lucie County Historical Commission during the past year are the placement of a coquina monument which honors the soldiers and settlers of Fort Capron and St. Lucie Village; the development of the "Arts Along These Waters" which was an art festival held on April 10, 1999; the addition of the Historical Commission's web page to the County's web site in January, 1999; the installation of three distance learning stations in April, 1999, which connects county personnel to the Internet via teleconferencing for distance learning programs for schools, homes, and community groups; and the publication and dissemination of Volumes I and II of "History Alive". 4. This Board believes the S1. Lucie County Historical Commission should be recognized for its cQntributions to the betterment of St. Lucie County. .. '-" ....",¡ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby recognize the accomplishments of the St. Lucie County Historical Commission during Fiscal Year 1998-1999, and encourages their continued success. PASSED AND DULY ADOPTED this 13th day of July, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: cHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ..,. """, ~' ..., n ReJtsecv AGENDA REQUEST ITEM NO. :2 C- DATE: July 13, 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. 99-162 - Commending Bishop John Theophilus on his anniversary of over fifty-five years as a Minister. BACKGROUND: During the week ofJuly 11, 1999, through July 18, 1999, Bishop John Theophilus Archer will be celebrating his anniversary of over fifty-five years as a Minister. Mareya Schneider of the Greater Faith Temple Church of God, Inc. has requested that this Board adopt a resolution recognizing his many years of service. The attached Resolution No. 99-162 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-162 as drafted. COMMISSION ACTION: [~~VED [] DENIED [ ] OTHER: CONC CE: Dou sAnderson County Administrator Review and ADDrovals County Attorney: ~~l Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 "" ....,¡ RESOLUTION NO. 99-162 A RESOLUTION COMMENDING BISHOP JOHN THEOPHILUS ARCHER ON HIS ANNIVERSARY OF OVER FIFTY-FIVE YEARS AS A MINISTER WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. During the week ofJuly 11, 1999, through July 18, 1999, Bishop John Theophilus Archer will be celebrating his anniversary of over fifty-five years as a Minister. 2. Bishop Archer, an elder statesman of the "cloth", is a man of distinction and honor, who portrays exemplary character traits and integrity in all he does. 3. In his over fifty-five years as a Minister, Bishop Archer has exhibited many other fine traits as well, in helping meet the needs of hurting people without regard to race, color, religion or creed. 4. Bishop Archer, Pastor of Greater Faith Temple Church of God Inc., affectionately known simply as "Greater Faith", also holds a bishopric in the Church of God. He actually helped build the church on 13th Street trom the ground up with his bare hands before there was ever modem machinery and technology. 5. At lease five hundred preachers, missionaries, evangelists, pastors, bishops, teachers, and other men and women of God, were taught and "sent out" under Bishop Archer's tutelage. It is difficult to accurately gauge the additional number of individuals who were guided and touched by Bishop Archer who are spreading the "Good News" not only in St. Lucie County but across the country and the world. 6. This Board believes that Bishop John Theophilus Archer should be commended for his dedication and leadership for the betterment of St. Lucie County and the world. ......., ...".¡ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, that this Board does hereby commend Bishop John Theophilus Archer on his anniversary of over fifty-five years as a Minister, and congratulates him on a job well done. PASSED AND DULY ADOPTED this 13th day of July, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ..~ '" '" AGENDA REQUEST ITEM NO. 5,4 DATE: 7 / 13 / 99 REGULAR [xx] PUBLIC HEARING CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Administration Doug Anderson SUBJECT: Contractor Certification Board BACKGROllliD: The terms of two members on the above Board expire at the end of July. Both are at-large appointments. Mr. Charles James is an electrical contractor appointee and Mr. John Langel is the Commission's air conditioning/mechanical contractor appointee. Both members are willing to be re-appointed. However, should the Commission wish to appoint other people, one appointee must be an electrical contractor while the other must be an air condi tioning or mechanical contractor. Staff requests filling these vacancies at this time because a meeting is scheduled for July 21, 1999. FUNDS AVAIL.: PREVIOUS ACTION: This item is re-agendaed from June 22, 1999. RECOMMENDATION: Staff recommends that the Board appoint/reappoint an electrical contractor and an air conditioning/mechanical contractor to the Contractor Certification Board. DENIED ~~:O:::IQN' [ ] OTHER: 1JDtfì ~e~kPPoÙìkd Dou 1 s M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ JUN-21-99 04:01 PM SEA-COAST-A/C 5614..63053 P.01 ~" . .. ~ '.''--'"'' , '-" 'wi ,., ! SEA COAST AIR CONDITIONING & SHEET METXL~ INC. 3207 Industrial 31 at Street - Ft. Pierce. Florida 34946-8631 (561)466-2400 - (561)770-1971 - FAX (561)466~3053 , TO: IlO:~ FROM:~.~ L···~ DATE: .,.,..b · d- J - e¡ q ._...--~,.- , ). NUMBER OF PAGES INCLUDJNG THIS PAGE: z ..--. ____________~-._P----~-------_· .-.... FPOI" : S JUN. lC. 1999 11:B7RM P 2 PHONE t',n : 4621148 St. Lucie çounty Board of County Coml1'\iss.i~ . Aþplication for Se.rving on Coun~oards anø Committe~~ Thank you for applying for (1 position on one of St. Luci~ County's many advisory boards and committees. The minih,um re~uirements for committee membership are: "'Must bi a County resident . *Mus1 not be related to another committee member, County Commissioner or County employee involved with the commi1't~e. of interest 11' Must not be emþloyed by the same business entity as other committee member~. *Must not serve on more than 2 County committees Note: Some committees' have additio~QI requirements. pleQ,Se inquire when submitting this application. In addition, service on (:ommittee$ with planning. zoning or nGturoll"esources responsibilities may requir'e disclosure of financial interests. Plec.\se complete the following information: 1. 2. 3. SE SIDE 4. 5, ~ f7. ..... , I' 8. "- DO YOUAJRRE~TLY ~ON A COUNTY COM TTEE(S),/! ~o.JfEASrç ß· I .J- LIST: l C "- YO C! C'e \., (Ja'¿¡ Q~f' dðJ vJ q- h-t.~ WHY DO YOU THINK YOU ARE QUALIFrED TO SERVE N THE COMMITTEE(S) INDI'i\ TED? 9. ~.-.. 10. - WOULD YOU CONSIDER sE~WING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEAS( SPECrFY) ~ __.' _.. COMMENTS: 11. SrGNA TURE: - . DATE:_. APPLICA N W LL REMAIN EFFECTIVE FOR ONE YEAR Submit to:St. Lucie County AdministrQtor's Office. 2300 VirgÎniQ Ave.. Ft. Pierce, FI. 34982 Phone: 462-1453 ~ ....., 1-3 () () () () () ~ 0 0 0 0 0 0 1-3 :3 § § § § ~ :3 tIj 1-'" 1-'" 1-'" 1-'" 1-'" (J) 00 00 00 00 00 .. (J) 00 00 00 00 00 () 1-'" 1-'" 1-'" 1-'" 1-'" 0 0 0 0 0 0 :;0 ::1 ::1 ::1 ::1 ::1 tIj CD CD CD CD CD Ii Ii Ii Ii Ii tP :r: t'i () tP \lJ s:: CD 0 Ii Ii rt ~ ~ s:: ::1 () 1-'" \lJ ::r CD ::r 00 Ii ::1 00 1-'" 0. ::1 00 0 ::1 C- () \lJ::r :3 \lJ CD Ii 001-' CD 00 t'iC- \lJ 0 ::1::r lQ::1 CD I-' (J) s:: tr LJ. CD () rt () o ::1 rt Ii \lJ () rt o Ii () CD Ii rt 1-'. H1 1-'" () \lJ rt 1-'" o ::1 tP o \lJ Ii 0. ~7/~/99 ....."~ ' FP.CI'I : S .' .~ ~ ~ 15:41 '6'5614651181 '-" DNE WORLD FRU I T III 002 .......J JUL. tI.). ~ U:2: .:I1ff'1 I-' ~ P1bE NO. : 4521148 4dcJlhon :::.=---- 5A ., 5t.wde. County ~d of County Commissioners ,&mUcat'Îon for Sc:.r-v1h9 on Caunty Bøal"ds ðnd Committed Thank you fo" applying for a position on one of St.l..ucíc Counfy'~ tnahY' ctd"ISOry boards and comml1Tees. rhe. minimum rcquirernØ1t,s for çornm(tfee met'\\bushfp are; ""MUST be Q County resident *Must not be ralatl8d to c1nofh...r commltTu memb8r~ County Commi,sloner or Coun1y smplayee involv8d with th~ committee of interest * Must noT be employed by the sørm: bu:.Jiness enti1y cui: ather c;gmrniTTee mem.ÞP..rs. * Must not serve em InQre than 2 CoIJl1ty committees Not.~ Some comtnlttees have odditiohG1 requiremlUlt$, pi... 'nquire when submitting this oppUe4tion. In addition. suvic~ on COItIh\It1'us wl1't. planning, %OI'1ing of' haturöl NSOUrc.eI responsibilities may require dllfdosl.Q"e of financial h\TetUTS. PleaSe complete th. foll....wlng InfQrl'nCltfCln: 1. 2. 3. 4. 5. 6. PLEIISf ~rcA TE THE roMNJTTEE(5) YOU liRE INTERESTED IN. sEE 11-1E REVERSE S¡:DE NAME. 'I/:.R~-:- ff: ~H1E5- j)HONe:.¿'~ -~ç._..- HOME ADDRes~; /1; ~Æ ~fJ{(;Z.~¿ - T l~· 7i ,_.frr1T~ WHICH COMMISSION DIS'ffilc·r ri{ YOU LIVE~? BV5INESSIOCCUPAT!ON¿~~" C}? ~M?éj;~ m..¿r§fW'/Á ~.p'Te· BUSINESS AODRES5:1/lð/ t!:7:-A.{fT~_Av'K- -""'-- ,Þ¡-I'/g.~~~ ,1t-+~7;n.pHONE: 'f~/ 7_1159 8RIEF RESUME OF EDUCATION & EXPERIE~e GtToch resum£ tßØf; v-:;"',<, 6ß1Þ ,.~...~"", cA7/47P .¡:., . C, C . 7 . c· . "'V"tC.r$oJJ~ ....$".I:e2/rr 7. , . 8. II ____ wi 7"----.¡¡r- DO YOUØRÞ.EN1t.Y sr;RVE ON A COUNT'I' COMMIT'TeE{S). If SO. PL'f~Se U;ST: ~r/l¡.}c..IÒILL Ç~#~ELJ:..ltZ:lQcI.ß.o~AIS WHY DO YOU THINK YOU ARE QUALIFIeO TO ßERVE ON THE COMMrTTEE(S) lNOICAiEt>? /lII-VE .s€ßJ(Fí:t.-I2ÅJ-~---É ßo..ll/il1s. .5NJtX: /fãã' 9, 10. II. ,. WOULD YOV CON51I)e~ SERV1:N~ oN J'lNOTHEIl BOARD OTHER THAN THE ONE(5) STÀ TED ABOVE7(PLEASe SPECIFY)Æ!r R7- 7Ji/J 7/,.", ~ COMMENTS: ------.. . - 11. ------- SIGNATURE. '7.": bATE: 7- Õ w 9'? WILl. REN,A!N EFFEGTrVe fOR ON! yeAR It to:5't. \.JAde; COUnty AdmtniSfraTCIC", Office. Z300 V..ginlo Ave., Ft. [,I.&,,(e. fl. 34982 P'honcl "6Z~t4!i! 1Pü~~Œö§ijJ~FJl I Jl - 119119 ¡" \ k.'. ' .\. r ~..~~""",,,:,.>^~...,;Ä !"~mur; Wf;r~K,'; !,~_ f.::'1~ r ~ Cf~~.~I~~'··"/ - -, 07/08/99 15:41 . ~...... F1U1 ; S U561465J181 ~ DNE WORLD FRU I T ~ 003 .....,¡ JUL. a. H"ß'J J.1!I::31(~1 ,... J PfoOE l-CO. : 4621148 ST. LUCIE ,.... JNTY AD¥'!þORY ROARDS ANo...-JM~ CITI2:J;N A.~TMENT$ AVA¡f.ABLE Please check the commi'ttees yOL4 aN intere:stcd In; c Beach Prascrvation Task Por,e c 8~dofA~u~m~f a Central Florida Føraign- Trade Z.o.., Inc. a Children I S Services Ctlundl a Citizen'. Budget Development ÇOlNnittee c èodc Enforcsmen1' Bocu-d u Community DøvelCJpment Brock Grant Citizen's Advisory Task Farce 14 Contractors C:ertifica1<íon Soard [J Cultural Affairs Cøundt o Em4rgcnçy Mediad Serviœs Advisory Council [J Environmental Hearing Boord c F1. DeJl1'. of Children and fwnify Servfœs: Committee Di$trlct 15 D FJ. Dept. of Chifdren "nd FQmily S8f"Vlces Nominating qualiff~tions Review Committee Dí$frid 15 c Fòrt Pierce Harbor Ad.visory COI'nmittee. t:J Historical CgmmÎssion t:! Housing Finançc. Authority Q 'tnvuttnent Cammitte~ o Ubrary Advisory 8oCll"d o Plðnning'& lðftlng CðI\'ltt\i~jót\Jlcc.:d PIOMlng Agency c a_study Coordination C:omtnl"u C ST. Lucie County k~reQtiol'\ Advhrory Boord [J TO\.lrist [)eve.lopm~t Counc:it I.J Treasure Cl)Q$t Health CourlciJ, Inc:. a Treasure. Coast Regional Economic: District/Overall Economic Development Program Committee. c VegetGtlon Protection Committ" JUN-21-99 04:02 PM SEA-COAST-A/C 5614663053 P.02 ~ '-" "WI 8-16-1999 \ 1 ::31 AM FRO~·1 ~ ' .&..r-.~I 'It , '1.. Lr...u.1 '" , IV \1... I \ I ~ 1'\ V MJ. .-1'\,~~ P.1 Please cheçk the committe.es you are interested in: (] Beach Preservation Task Force tw" Board of Adjustment a Central Florida Foreign- Tr<ld~ Zone. Inc. o Childre.n I S Services Council [J Cìti:£en' S Budget Development Committee [j Code Enfor·teh'\ent Board [J Community Development Block Grant Citizen's Advisory Task Force ~ Contractors Certification Boar'd [j Cultural Affairs Council o Emergency Medical Servic~s Advisory Council o Environmental Hearing Board o FI. Dept. of Children and Family Services Committee District 15 t:J FI. Dept. of Children and Family Services Nominating Qualifications R¡¿>.view Committee Distrid 15 r.1 Fort Pierce Harbor Advisory Committee [J Histor'icql Commission [J Housing Finqnc.e Authority o Invèstment Committee o Library Advisory BOQI"d LI Planning & Zoning Commission/Local Planning Agency r.:J Restudy Coordination Comtt\ittee o St. Lucie. County Recreation Advisory Board o Tourist De.ve.lopment Council (] Treasure Coast Health Councìl, Inc. n Trea~ure Coast Regional Economic District/Overall Economic Develop!'TIent Progt'àt1\ Comm¡ t fee o Ve9~t(rt'ion Ptotection Committe.e , ' 1.11 M ÌfR.t. '-' "'" VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James For the Air Conditioning/Mechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: '-'" '-' VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James For the Air Conditioning/Mechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: '-' "'" VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James . For the Air Conditioning/Mechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: '-' ....", VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James For the Air ConditioninglMechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: \w' ...., VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James For the Air ConditioninglMechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: ~ ....., VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James . For the Air ConditioninglMechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: ~ """" VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James For the Air ConditioninglMechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: '-" ....., VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James . For the Air ConditioninglMechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: W' ...", VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James For the Air ConditioninglMechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: '-" ...., VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James For the Air ConditioninglMechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: '-' ....", VOTING BALLOT SUBJECT: Contractor Certification Board For the Electrical Contractor: Charles James For the Air ConditioninglMechanical Contractor: John Langel COMMISSIONER'S SIGNATURE: '-" AGENDA REOUEST ...." ITEM NO. .68 DATE: July 13, 1999 REGULAR [ X ] PUBLIC HEARING CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Count v Administration PRESENTED BY: ~ . þ County Administrator ' SUBJECT: Request for Approval of Critical Projects for Submission to the State for Possible Funding in 2000-2001 State Budget BACKGROUND: County staff presented a number of critical projects to our legislative delegation in November, 1998 for possible funding by the State Legislature in this year's (1999-2000) State budget. Unfortunately, the projects were not able to be funded. State Representative Ken Pruitt recommended that the County resubmit its critical proj ects to the individual State departments for consideration of line item funding in the 2000-2001 State budget and to give a priority to the three most important projects. County staff reviewed the critical projects and updated them. Program areas include: Economic Development Projects, Recreation Projects, and Water Quality and Conservation proj ects. The St. Lucie County Critical Improvement Projects list has been provided to you under separate cover. The three most important projects (as calculated using the attached matrix) are: (1) Airport Economic Development Program and North County Water Improvements; (2) Midway Road and 25th Street Construction; and (3)the Ten Mile Creek Water Preserve Area. It is recommended that the Board approve the critical projects for ~')-'~, submission to the appropriate State departments for possible line item funding in the 2000-2001 State budget. FUNDS AVAIL.: Not Applicable PREVIOUS ACTION: The original St. Lucie County Critical Projects List was submitted to the State Legislative Delegation in November, 1998. The project list was presented at the July 7, 1999 Board meeting and rescheduled for July 13, 1999 with direction to County staff to provide a methodology for prioritizing the three most important projects. RECOMMENDATION: It is requested that the Board approve the projects as prioritized on the attached St. Lucie County Critical Improvement Project List and authorize submittal to the appropriate State Department for possible line item funding in the 2000-2001 State budget. '-" ......,¡ Page 2 Critical St. Lucie County Projects July 13, 1999 Agenda APPROVED OTHER: DENIED D Anderson County Administrator TION: Coordination/Sianatures County Attorney: Purchasing: Other: Mgt. & Budget: Finance: Other: "" Review Criteria ¡:'"' l:-"' v°'::> 'bò v°'::> ~'b .~ f;:~ ~'b ,\0 ~,c:¡. "II) .?<.."' Project Name ~.;)'b 'b.f;:- ~c, ~ ",0 ~c:¡. ~ . ò'b.f;:- '" ?<...::> 0' ~.;)'b ,!r-.'b ò'X c," v°c, o'Ç.'Ç. ~c:¡. v «..;)<:' ç.'b .?<.."' 'v o~ .~~ ~ ~ ~ ~ §-"' ~ g) '1'.'::> òo~ ~o 'l'.C; ~ 0' <vvo ~ ~o. ~.;)~ o'Ç.'Ç. ~.s' Total . Airport Economic DevelopmenU North 10 10 8 8 7 8 51 County Water Improvement Project '----- Aquaculture Demonstration 8 8 8 5 5 8 42 Project Fairgrounds Relocation 6 5 7 7 6 5 36 South 25th StreeU West Midway 10 10 5 10 10 8 CJ Road Improvement Project .-/ Harbour Pointe Improvements 7 10 6 8 3 3 37 SL West Football/Soccer Stadium 4 7 5 8 6 4 34 South Hutch. Island Bike Path/ 7 10 8 6 7 8 46 (Indian River Lagoon Bikeway Trail) Hutchinson Island Improvement 4 8 2 4 2 5 25 Project Jetty Park Acquisition/Expansion 5 10 5 6 5 3 34 Savannas Rec. Area Improvements 7 10 5 5 5 5 37 Morningside Library Project 2 10 3 6 4 3 28 Ten Mile Creek Water Attn. Facility 10 10 10 10 10 10 e Causeway Island Erosion Control 7 6 5 4 3 3 28 Indian River Estates Stormwater 3 10 2 4 5 5 29 Improvements Scoring Scale Non-Essential Essential Critical Possible Points 1 5 10 Reviewed By: Asst. County Administrator Airport Director Community Development Director Asst. Community Development Director 07-Jul-99 ~ ....,¡ 5C BOARD OF COUNTY COMMISSIONERS CLIFF BARNES COMMISSIONER MEMORANDUM RE: Doug Anderson, County Administrator Cliff Barnes, County Commissioner, District 5 Rollins Property July 7, 1999 Dennis Beach FilE COpy TO: FROM: DATE: cc: In my opinion, this parcel, other than the Harboùr Pointe property, is the single most important property in St. Lucie County to have in public ownership both for recreation purposes and for economic development. The existing parking and traffic circulation at the jetty park is severely constrained and our construction of the spur jetty and renourished beach are attracting greater number of visitors. Ihese visitors not only enjoy the free recreational attributes ofjetty park but are all potential customers for the nearby businesses. I believe it was over a year ago that the Board set the acquisition of this parcel as a top priority. Having read the June 28, 1999, memo from our grants writer on this project, it is clear to me that the project is stalled for lack of direction. If we do not move on this property, we may lose it for all time. I am also concerned that our or the City's submission ofa grant request will restrict the uses of the property that were planned during the charette. As I recall, the City wants to acquire the parcel for park expansion but use a portion of the parcel for some type of compatible commercial development. This is the same concept the voters approved for Harbour Pointe, and would return money to the public through sale or lease of a portion, while providing the public with the desired recreational amenities. I suggest we use the grant process for either a reimbursement of the purchase price and lor to develop it once the City and County agree on a more specific plan. Please agenda for July 13, 1999, for Board discussion, the possibility of our proposing to the city that we buy the property under a cost share - 2/3 county, 1/3 city. As we did years ago with the library cost sharing, we may need to have a workshop between us to agree on some specifics if we can agree on this first concept. But while we are talking over the development plans, we can be doing the more important job of negotiating the terms of the sale. I am willing to use our contingency or reserve account for this most important one time expense. I have invited Dennis Beach to bring charette diagrams, etc. to the meeting and trust that our staff can give us the latest trom our end. JOHN D. ßRUHN, DisTricT No.1 . DOUG COWARD, District No.2' PAULA A. LEWIS. DistricT No. J . FRANNIE HUTCHINSON, DistricT No, 4 . CLIFF ßARNES, District No.5 County AdminisTrator· Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 · (561) 462-1408 FAX (561) 462-2131 · TDD (561) 462-1428 ~ ~ -. . . , " . ¡~. '-tGENDA REQUEST IThIfÍ NO. l¡?f1 DATE: July 13, 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 City of Port St. Lucie and Fort Pierce Utilities Authority - Change in Law, Chapter 99-279, Laws of Florida BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-163 and authorize the County Administrator to send a certified copy of the resolution to the chief administrative officers of the City of Port St. Lucie and the Fort Pierce Utilities Authority with a copy to the chief administrative officer of the City of Fort Pierce. COMMISSION ACTION: [~PPROVED [] DENIED [ ] OTHER: ____ r---- Do la 1\nderson County Administrator County Attorney: at Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 ~AGENDA REQUEST I~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 I 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: uA'PPROVED [] DENIED [ ] OTHER: County Attoeney: ~ Review and Approvals Management & Budget Puechasing: Oeiginating Dept. Othe e: Othee: Finance: (Check foe Copy only, if applicable) Eff. 5/96 II, - ':. ~ """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-742 DA TE: 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-of-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"¡:'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-of-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 by a judge. 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 alte':Tlative to picking one side over the other, I '-' ....., 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 a judge 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 20, 1999 MAY 2 , 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 '-' 'WI 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 c'ity 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 Section 180.06, 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 W' ..."", 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 Mobi/e 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. 1 SI DCA 1990). All of these cases deal with the application of Section 180.06, Florida Statutes, copies of which are attached for your convenience. ' f 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.) '1J '-" 'WI (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 f,inancia1 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 Countv 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 (~ii) 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. Except as otherwise permitted or required by this Agreement, or as expressly consented to in I¡/riting by the City, prior to Closing date: 29 (a) The~ounty will not sell, assign¡-(ransfer 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 pr,ior written consent of the City in each instance, such consent not to be unreasonably withheld or delayed. 5.4 post-Closing Operatio~s of the Utility 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; proviqed,however, in no event shall the City require persons residing Service Areas (b) County Staff, 30 in the Reserve de~opment to agree to voluntar~y 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 s~all 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 reg~rd 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) Th~parties agree that the fo~oing 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 ge~eral 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 wi thin 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 (f) Th~ity will not adopt any mate~l 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 Syst7ms. (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. (1) 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 the 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 '-" ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-862 DA TE: July 6, 1999 SUBJECT: Utility Territorial Dispute between City of Port St. Lucie and Fort Pierce Utilities Authority - Change In Law Chapter 99-279, Laws of Florida ---------------------------------------- ---------------------------------------- BA CKGROUND: On June 8, 1999, the Board authorized the County A ttorney to notify the County A ttorney to notify the City of Port St. Lucie ("City'ï and the Fort Pierce Utilities Authority ("FPUA") of the County's desire to meet with the City and FPUA in an attempt to resolve the territorial dispute between the City and FPUA before the County filed a declaratory judgment action against the City and FPUA (Copy of June 8, 1999 Board memorandum attached). On June 8, Governor Bush signed Chapter 99-279, Laws of Florida (copy attached) which substantially amended Section 164.101, et seq., Florida Statutes, governing disputes between governmental entities. As a result of the changes in the law, the county is required to adopt a resolution in order to initiate the conflict resolution procedures provided in the new law. A copy of a draft resolution (Resolution No. 99-163) is attached to this memorandum. After the Board adopts a resolution, the following sequence of events occurs: l' Þ> Within five (5) days after the passage of the resolution, a letter and certified copy of the resolution are provided by certified mail, return receipt requested to the chief administrator of the governmental entities with which the governing board has a conflict. Þ> After the certified letter has been sent, the parties must hold a conflict assessment meeting within thirty (30) days of receipt of the letter. The chief administrator for each governmental entity that is involved in the conflict must be present. At the conflict assessment meeting, the governmental entities are required to discuss the issues pertaining to the W' ..""" conflict and an assessment of the conflict from the perspective of each governmental entity involved. ~ In the event that no tentative resolution can be agreed upon at the conflict assessment meeting, the entities involved in the conflict must schedule a joint public meeting within fihy (50) days of the receipt of the certified letter. ~ If no agreement is received at the joint meeting, the entities must participate in mediation. ~ If the conflict is not resolved at mediation, the parties may then litigate the issues. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 99-163 and authorize the County Administrator to send a certified copy of the Resolution to the chief administrative officers of the City of Port St. Lucie and the Fort Pierce Utilities Authority with a copy to the chief administrative officer of the City of Fort Pierce. Respectfully submitted, DSM/caf Attachments CHAPTER 99-219 _ ComøIIIIM s..bIdÞØ 101 _ 811 No. ;¡;¡.~ A bUl to be entl tied An ,let relatine¡ to qovernaaent&l conflict '-' ., '11-611-99 171-611-99 <:[...1:1n9 s. 164.1057, r.s.; spe:cityLnq the 2 unner of execution of the resolution of .. 3 conflict; renumberlnq And ULendinq s. 164.104, 4 P.S. provlding tlult a governmental entity that 5 faU. to participate in conflict resolution 6 procedures Ihall be required to pay attorney' a 7 tees .Ind costs under certain conditions: 8 creating s. 164.1061, r.s., provid1ng for 9 eztension of the tiœe requirements of the act: 10 repealing n. 164.10], 164.105, and 164.106, 11 P.5., which provide procedures ,and requ.lrellents t 2 for resolution ot go".eMeRt....l disputes .nd tor 1] tOlling of statutes of Haltation., providing 14 effect on existlnq contracts and agreements; 15 providinq an etfective date. 16 17 8e It Enacted by the Legislature of the State of rlorida. 18 19 Sect Lon 1. Section 164.'01, Florida StAtut.es, is 20 amended to read; 21 164.101 Short title.--Sections 164.101-164.1061 ~hh 22 aet:..y be cited a. the ·Plocida Coy.nuI.nt.l ~ 23 Resolution eooperatioft Act." 24 Section 2. Section 164.102, Florida Statutes, is 25 amended to read I 126 164.102 P\lrpose and 1ntent.--The purpose and intent of 27 thb act is to proaoote, protect, and i'"Prove the public 28 health, I.&t:ety, .and weltac. and to enhance Interqovernmental 29 coordination efforts by the creation of a governmental 30 ~ di:spatc resolution prl)cedure praeeas that can provide 31 an equitable, expeditious, eftectlve, and inexpensive method resolution; .1I.nd109 s. 164.101, ".5.; rena.Inq the ·Floc Ida COverruaental Cooperation Act" as the "'lorlda c.overnaental Conflict R..olution Act', amending .. 164.102. F.S.; providing purpose .and intent; cr..tinq e. 1~4.1031, r.s.; providing detln1tione, creating .. 164.1041. r. S.; provldinq th.t, vhen a 10c..1 or re910n.l.1 governmentAl entity tiles suit 19&inst another such qovernaental entity, court proceedinqs shall be abated by order of the court until the procedural optio". of the Act have been exhausted. ea:cept in specified circuaatances; propiding for review by the court of the justification for failure to comply with the oct, creating .. 164.1051, r.S.,'specifying the qoverrua.ental contlicts to "hieh the act applies; cre.atlnq 8. 164.1052, !".S.: providing procedures and requir_ents for initiation of conflict r..olution procedures and determination of p.artlc:i~nt., creatin9 s. 164.105], P.S.¡ providinq for a conflict assesl.meRt ...tine,¡ and proYidinq require.ents with rupect theretol creatinq .. 164.1055. P.S.; providing for. joint pubHc aeeting between confl1ctinq entitie" providing for .ediation wben no agredent 1. reached: cre.ting e. 164.1056, P.S. I providinq for final resolution of a conflict when there i. a tallure to resolve tbe conflict under the act; OUJC; Words str~clcen are deletion., word. underlined are additions. COOING: WorcU str¡'cken are deletions; worda underlined are additions. 171-611-99 171-611-99 tor resolution ot conflicts di-spates between and aDOng ~ and reqional qovernaental entities counties-and atlfti:cipel:iti-es. It 1. the intent of the LeQialature that coatI Lets between q0gernmental entitle. be resolved to the qreatest extent possible without lltiqatlon. Section 3. Section "4.1031, Plorida Statute., 1s creat.ed to read: 164.10]1 Detinitlona.--ror purposes of tnt, act: (1) ·Local qovernmental entitles· include. aunicipalities, counties, school board., special districts, ",nd other local entities within the iurLsdiction ot one county created by qeneral O[ .pecial law or local ordln.ance. (2) "ReqLonal qovernaental entities" includes reqLonal plannLnq councils, aetropolitan ølanninq orqanlzations, water supply authorities tnat Include IICre than one county, local health councils, water IUnaqeaent districts, and othec reqional ent·Lties that are authorized and created by qeneral or specLal law that have duties or responsibilities extendLnq beyond the iurLsdiction at a sinqle county. (]) .Covernmental entity· includes local and reqional qovernmental entitles. (4) "[..ocal qovernllent resolution" has the same meanlnq I as provided in 'S. 166.041. (5) ·Coverninq body· lDeans the council, coawissLon, or other board or body 11'\ which the qen_ral leqLslative powers of a local or regional qoverl'\mental entity are vested. (61 ·Oesiqnee" means a representative with full author itv to neqotiate on behalf ot a qovernmental entity and to recommend settleoraent to the appropriate decisiotuukinq body or authonty of the qoverMlental entity. (7) ·Noticed public aeetLnqW aeana a public raeetinq in which notice i. qiven at l...at 10 day. prior to the .eetinq by publication In the newspaper or wideet circulation in the 1url1dictions of the priMry conflictinq qovernDlental 5 entitL.s. Each prLaary conflictinq qovernaental entity shall 6 provide notice within ita iurbdiction. 7 (I) ·prLaarv conflicting qoverNlental entities" lIeans . the Qoyernaental entity inLtiatinq the conflict resolution 9 process provided for in this act, toqether with the 10 qoverruaental entity or entities with whoa the initi.tinq 11 qovetnatental entity has & conflict. The term doe. not include 12 other qovernaental entitles which IUY have.. role in APprOvLng 1] ot' i.pleaentinq & particular ele.ent or aspect of any 14 aettleaent of the conflict, or which MY receive notice or 15 intervene in the conflict resolution procesS provided tor in 16 thla act. 17 (9) "Mediation· aeanl a grocess whereby a neutral 18 third person called.. aediator Acts to encouraqe and 19 facilitate the resolution ot a conflict between two or ",ore 20 parties. The role of the mediator includes, but is not 21 11raited to, .issLstinq the parties in identLfyinq issues and 22 explorinq settlement alternatives. 23 Section 4. Section 164.1041, Flor ida Statutes"1 is 24 created to re~d: 25 164.1041 Duty to neqotiate.-- 26 (1) It a 'lov.rOll.nt.l el'\t.ity tiles suit aQalnst 21 another qovernmental entity, court øroceedinqs on the suit 28 shall be abated, by order of t.he court, untLl the procedural 29 options of t.his .ct have been exhausted. The qoverninq body of ]0 a qover~ental entity inlt1atlnq conflict resolution ]1 procedures pursuant to this act shall, by motion, request the DDING; Words ~trtc:ltcn are deletion9l: COOINC: Words 3ItC'rcic:en are deletions; words unde!Jj:.!.!.!_~ a.re additiOn" word. underFltlrltlrrS~tlm Law Reporter - Page 834 171-61 ~ 2 !!£lli! J procedl 4 any til 5 ørocedl 6 'Provi. 1 !I!2!L.; 1 !!!.L.!RI , ~ 10 entity 11 ~ 12 ~ IJ ~ 14 ~ 15 qoverru 16 ~ 11 IIothin. 11 ~ " qove r ru 20 cØCIprel 21 !'he pr, 22 ~ 23 re801u !.2!ill. 25 ~ 26 qoverru 21 ill.!!!!: 21 l!!lli. 29 sball JO withou JI federa OXIIJI:. 910 171-611- ~ escept I , 120 sh.' ~ oris1nq ~ plan &CD' IQ ~ 11 service q 13 I, 15 ~ '6 I) garbaqe '. ~ I, IQ I' 11 created 13 14 duty tc 1\ 1\ ~ i; ~ I, ~ 11 9..0vern ¡ lQ 2rovldt" I, ~osecl :""11«;: WOI -- 111..611-99 ~ 111-611-99 ...., ! I court to issue an order .bating the case pursu"nt to this ;;ctton. All qovernaental entities Are encouraged to use the ~ocedure:l in this Act to resolve conflicts th.At ...y occur At 4 !!}Y time bet.ween governmental entitles, but shall use these 2£ocedurea belate court proceed"lnqa, conaiatent with the 2,!.0vislons at this sectIon. The ørovisions at this act do not !l?Plv to administrative proceedinQs øurauant t.o chapter 120 or ,ov appeal from any administrAtive or trial COurt 1udqlRent or decision. NottÜnq In this .ct shall lla1t . qovernmentol 10 entity frOlt initiating and prosecutinq ..inent doœain, II foc.closure, or other cou['t ør:oceedinqa where, as ... function 12 of the nature of the suIt, other Qov.enaent',1 entities are t] necessary PoIrtie., if there ar'. no -.at.rlally dispUted i.sues 1. vlth requd to such jolnder. Nothlnq in this act shall li.it . 15 g,5'vernœentll entity fro. tiling any counterelaia or " cro..-I::181. In .ny litlqation in vhlch it 10 a defend.nt. 1 Nothlnq In th1l .ct 11 lntendad to .broq.te other proY1l1ons l' of law which provide procedures for challenqea to søecific 19 90vernaentAl Action., includinq, but not liatted to, 10 cOCIørehenstve plan aaendment. And tax asseSlllent challenqes. 21 the provisions of this act shall not apply to conflict. 12 between Qovernmental entities if an alternatiye dispute 13 resolution. proce.., such as ..diAtion or arbitration, is 14 specifically required by qeneral laval' agreed to by contract, 2S interlocal agreelD.ent, or other vritten inatruaent, or if the 26 qovernmental entities have reached an tapasse durinq an 27 alternative dispute resolution øroces. enqaQed in prior to the 28 lnltlstlon ot court .cHon. Further, nothlnq in th1l .ct 29 sh811 preclude. qoverlUllents! entity trom tilinq . ault 30 without resort to the provisions ot thi. act aqainst any 31 federal or other Qovernmental entity not governed by state lave Nothing in this section shall be d.e.ed to toll or waive 1urisdic:tioul tiae iiaita on 8pecific pleadings or IIOtiona let forth in statute or court rules unless IIOdlfied pursuant to s. 164.1061. S (2) If A QovenUDental entity, by a three-fourths vote 6 of Lts Qovernlnq body, flnds that an iJalD.dlAte danger to the 7 beAlth, ..tety, or velfAre at the public requires immediate e action, or that siqnlficant leqal riqhts will be c:ocaørom.ised 9 If a court proceeding does not tAke place before the 10 provislons of this act are comølled with, no notice or public 11 .eeting or other proceeding .a provided by this act shall be 12 required ~etore such a court proceedlnq. If a. water 13 ....nA(le.ant district, by three-fourths vote ot ita Qoverninq 14 body, rinds that an immediAte d4nqer to the natural resources, 1 S vater resources, .nd vildlife requires i_ediate declaratory 16 rellet, or th.t slgnHlc~nt leqol riqhts v111 be c:oaprOlOlsod '7 if.. court øroceedlnq does not take pl.-ce before the 1. provisions at thia act ..r. comølied with, no notice or public 19 ..etinq or other 'Øp:oceedinq as provided by thia act shall b. 20 required betore such a court proceedinq. Rovever, the court, 21 upon. ~tion, ..y review the 1u.atitlcation for failure to 22 comply with the ørovisions ot this act and ...klll!! . 23 deterairYtian aa to wbether the provision. of this act should 24 be COIIøllad vlth prlor to ~ct1on by the court. It the court 25 deterainn th~t the provldons ot thh .ct should be COIIIplled 26 vlth prlor to court scHon .nd that tollovinq the provldons 21 at thh ~ct ..111 not result ln the cOlOproahe ot dqnlt1c.nt 21 legs! rlqhts. the court sh.ll .bete the suit unt11 the 29 provhlons ot thh ~ct ue complled ..lth. 30 Sectlon 5. Section 164.1051, Florid. St.tutes, ls ]1 created to reada Q)[)IJlCI Woeds stt"ickeft .re deletions, 'lords underlined are addition.. COOING a Word. atr*clceft are deletlona; varda underllned are additions. 111-611-99 111-611-99 164.1051 scope.--n ls not the lntent ot thls .ct to limit t.ne conflicta tbat ...y be conaidered under this Act, ezcept that any ac:lainiatrative proceeding DursuAnt to chapter 4 120 shall not be aubject to this act. pur.uant to a. 164.1041, this Act shall APply, at a lIIiniGWD, to Qov.rn.."!:..l conflicts atlsinq fre. Any ot the followinq i.sues ~r Drocesaes, including, but not limi ted to: (1) Any isaue relatinq !:.O local cOGlpcehensive plans or plan Amendment. prePl.red pursuant to part II at chAPter 163, 10 lncludlnq, but not limited to, conflicts involvinq levels at 11 service tor public facilities and natur.J.l resource protection. 12 (2) Municipal annexation. I] (3) Service provision areas. :4 (41 AlloCAtion of resourcea, includinq w.J.ter, land, or IS Ot.her natuul resources. I¡ (5) Sitlnq of huudous vute hcilities, lond UUs, 17 garbaqe collection t'acilities, lilt dispo8al sites, or any 18 other locally unvanted land uses. I') (6) Government.al entity perllitt.lnq proce,ses. 20 (7) Siting of elementary and secondary schools. 21 Section 6. Section 164.1052, I'lorida Statutes, is 22 created to read: J3 164.1052 InitiAtion of conflict t'esolution procedure; 2. duty to give notlce.-- 2S (1) The governinq body of a governmental entitv shall 25 initiate the conll ict resolution procedures provided by this ì; act throuqh passage of a resolution by its members. The 28 resolution ,hall state that it is the intention of the 21 9.,2verning body to initiate the conflict resol.ution procedures JQ .e.covlded by this ,¡ct prior to initiaUnq court proceedinqs or JI ~osecutinq action on a previously filed court proceeding to resolve the conflict ~nd shall specify the issues of conflict 2 .n<! the goyer....nts! entlty or entitles >11th ..h:ch the 3 qoverninq body has.. conflict. Within 5 day. after the passage 4 of the resolution, .. letter And.. certified copy of the 5 resolution sholl be proylded to the chief ~datlnbtr.tor of the , governaental entity or entities with Whic~ the qoverninq body 1 hal a contlict by certitl.d ...il, return receipt requested. e The letter shall atate, at a minlmua, the conflict, other Qovernaental entitle. in conflict vi!:.h the initiatlnq 10 Qovernmental entity, the 1ustification for initiatinq the II conflict resolution proces., the propOsed d..te and location 12 tor the conflict a..e...ent aeetinq to be held pursuant to s. 13 164.105], and auqQeltions reqardinq the otficiala who should 14 be preaent at the contlict a..es..ent meeting. The initiating 15 <Jovernaental entity al.o Ihall œail a copy of the letter a.nd 16 re.olution to any state, reqional, or local Qovernmental 17 entities which, in the deter.ination of the initiatine:¡ 18 <JoyernlaeAtal entity, IDaY have.. role In approvinq or 19 implementing a particular element or aspect of any settlement 20 of the conflict or whos. substantial interests may be affect.ed 21 by the resolution of the conflict, and any other Qovernmental 22 entity deeœed appropriate by the initiating qovernØ\en~al 2] entlty. 24 (2) Within 10 davs aftee receivinq a copy of a 25 certified letter noticinq the initiation of the conflict 26 resoLution procedure, othet qovernaaental entities receivinQ 27 the nottc. aay elect to partic'::"ate in the conflict resolution 28 process, but are not entitled bv virtue of that particip~tion 29 to control the tiœlnq or proqress of the conflict resolution 30 process, ",hlcn at all times shall rem..ain in the discretion ot 31 the.pri:n.arv confllctlnq qovernmental entities. However, <1 8 ':OOlNC: Wo,d. st<¡clten ace delelions; wo,d. underlFliJl/¡¡dds~tsiiJn Law Repó1'li!!'f:22'pæ(té~::!'e deletion.; wo,ds ~~!..l.ned ace .dditlon.. t ¡ I I I I ! ¡ , " ~. j ::1:1 ,¡J. , I:i~ :1: iii \"i',I, I'i II I I; I ¡",I '\!i' 1,',1',;\ "I' I; ¡\hi ili!i:: ¡I:; 1:1 " :1 I I 'II,: , , I 171-611-99 ~ ""'" 171-611_99 overnø.ental entlt which receives notice b ssa e of U. OW" resol.ut Ion and b the cocedures set toeth in subsection resolution process as a priury contllctlnq Qovernmental entit . The intent ot a oYerrunental entlt to oln in the conflict resolution process shall be communicated to the Inltilltlnq QoverlUlllental entity by certltt'ed ..11. The iOininq averMenta! entit also ahall mail a co of the letter to an state re lanaI, or local overnlDental entitles which, in 10 the determination of the 10ininq qoverruaental entity, may nave 11 ,¡ role in.. covin or 1m tement!" a articular element: or 12 as ect of ,In settlement: of the conflict or whose substantIal 13 interests UY be affected by the resolution of the conflict, 14 and any other qovernmental entity deellled appropriAte by the 15 joininq qovernment,al eot i ty. 16 I (3) For purPO.es of this act, the date of initbtion 17 of the conflict resolution procedure shAll be the dAte of the 18 passaqe ot A resolution by A qoverruaental entity. 19 Section 7. Section 164.1053, Florid. St,atutes, is 20 created to read: , 21 164.1053 Conflict Assessraent ph..e.-- 22 (1) After the initiation of the conflict resolution 23 rocedure, .nd atter co er riotlce b certified letter has 24 been lven A 'conlllct ...e.allent .e.tin ahall OCcur. The 25 aeetinq shall be scheduled to Occur within 30 days at the 26 receiPt of the letter initiatinq the conflict resolution 27 rocedure. Public notice sh.ll be iven tor this lI.eetin ln 28 Accordance with I. 164.1031(7). The conflict ...e....ent 29 lIeetinq shall be sCheduled to .llow the attendance by the 30 .ppropriate personnel fcOlll each pciaarv conflictinq 31 overMl.ental entit. The chief administrator' or his or her deslqnee" for each qovern.ental entity that is .. priury conflictinq qOveClwentAI entity in the conflict resolution procedure shall be present at this .eetinq. It the entities in conflict loree, the As..istAnce of a facilitator ..v be 5 enlIsted t.oe the conflict assess.ent .eeting. During the & conflict Assessment aeetinq, the qoverfUle~tal entities shall 7 dlscus. the issues Dertaininq to the contliel: And an 8 aSlesalient ot the conflict froca the perspective ot. each 9 gove-rMentAl entity involved. 1Q (2) It a tentative resolution to the contlict: can be 11 agreed UPOn bv the representatives ot the primary conflictlnq 11 gov.r~nt.l entities At the contlict a.aes..ent .eeting, the 1 J pci..ry conflicting ooverlUlental entitles DaV proceed with 14 whatever step. they deem. .ppropr l.te to tuily resolve the 15 conflict, incIudine¡. but not li..ited to, the .cneduline¡ of I' Additional lI.eetinqa tor inforul neqotiations or propO~inq . 17 '..elution to the ~overning bodies ot the pr iaarv conflicting 18 governmental entities. 19 (3) In the event that no tentative resolution can be 20 agreed uPOn, the priNrv contlictinq oovern.ental entities 21 .haU schedule A joint øublic aoetine¡ as ducr ibed in .. 21 164.1055, which aeetine¡ shaU occur within 50 day. of the 23 roceløt of tho firlt letter initiatine¡ the conflict resolution 14 proce.. from t'he initiatino qoverlUlental entity. 25 (4) After the conclusion of the conflict assessment 26 meeting, anv priurv conflictin~ qoverruaental entitv aLA, 27 request aediation AI ørovided in ..164.1055(2). 28 Soction 8. Soction 164.1055, Florida Statutes, 11 29 created to read: 30 164.1055 Joint øublic a..ting.-- 31 coon..: Words stricken are deletions; words underlined are additions. 10 COOING: Words stricken Are deletions; words underlined are additions. 171-611-99 171-611-99 I [Jpen the selection ot a mediator, the conflictinq qovernaental 2 entities ahAll schedule mediation to occur within 14 davs, and J shall issue.. written Aqte.ment on the issues in conflict 4 within 10 dAY. of tne conclu.lon of the .edlatIon øroeeedIng. 5 The written .qree..nt shall not be admissible in any court , proceedlnq concernino the contlict, except for proceedinQs to 7 Avard attornev's tees under s. 164.1058, where the .oreeeent 8 uy be used to dellOn.trAte an entity's retusal to øarticiPAte 9 in the process in qood faith. 10 SectIon 9. Section 164.1056, Florida Statutes, i. 11 created to read: 12 164.1056 Final re.olution.--If there i. failure to 13 resolve. conflict: between Qovera.ental entities throuqh the 14 procedures provided bv as. 164.105J and 164.1055, the entities 1 S particiø.atlno in the dispute resolution process œav .v.il 16 themselves ot Anv otherwise AVAilabie leqai riqhts. 17 Section 10. Section 164.1057, Florida Statutes, is 18 created to read: 19 164.1057 Execution of resolution of 20 conflict.--Resolution of a conflict at any phase shall require 21 passaqe of an ordinance, resolution, or interlocal aqreelftent 22 that reflects the terms or conditions ot the resolution to the 23 conflict. 24 Section 11. Section 164.104, Florida Statutes, is 25 renumbered as section 164.1058, Flor ida Statutes, and amended 26 to read: 27 164.1058 +64....84 Penalty.--rt a peimacy conflicting 28 government.l ent i t y tfte-governin9-bocly-of-e-cotlnty_or 29 IIanicipaH:ty which h.as ceceived notice of intent to initiate 30 the conflict resolution peocedure pursuant to this .act file-a 31 ~ait-pttr"l:Iant-to-Si'-t6"õte'3ttt fails to pactlci~in good the The overMental In this meetin the overn!n bodies 10 ot the prillarv conflictinq Qovernnaental entities shAll: 11 Consider the st,¡tement ot issues re red in the 12 conf 1 i ct assessment phAse. I] 14 (b) Seek an '¡oree~ent. c Schedule additional meetin S ot the entities in 15 conflict, or ot their desi~nees, to continue to seek 16 resolution at the conflict. 17 (2} It no aqreement is reached, the pr iaac'( 18 conflictino qovernmental entities shall participate in 19 mediat. lon, the costs of which shall be equally divided between 20 the rimar contlictin overnmental entities. The rimar 21 conflictinq oovernmental ent.ities shall endeavor in qood faith 22 to select a mutually acceptable mediator. If the primary 2) contl ictinq Qovernaent.¡l entities are una'bl1!t:o .1JtuallY aqree 24 on a mediator within 14 days after the ioint public meetinq, 2S the rilllac conflict.in overnmental entit.ies shoill arran e 26 foe a œediatot' t.o be selected or recorumended by an independent 21 conflIct resolution orqanization, such a~ the Florida Conflict 28 R~~~lution Consortium, and shal:_w~ree to accept the 29 recommendation at that independent orqani.zatlon, or shall JO agree upon an alternate rD.~thod toe selection of .a mediator, 11 within 7 bU91n_~s_s days after the close of that 1.!_:"day peeiod. " ~OING: ftords .st'rrck~" are deletions; words undor lFto"ïdtl'S~~§lòn Law Repó'ffð:~rpàgè«öJôro 12 deletions; otords ~,:,dcrl i.ne~ d.re .¡dditlol1~· ,....... 10 " I I] 14 IS " '7 11 " ! O I ¡¡ J 14 5 6 . 11 , 9 0 JO 0 JI CI:JOIN 58 10 I, I) IJ 14 '5 " I 'S I' )0 I, 11 Bo 1) I, 15 St. I' J tn. ¡, tol II 10 bl¡i II Un, COo rile: 171-611-99 '-' I 0E-h 1n the conflict assessment .eetinq, m.ediation, or other- £!!!-dies provided for in this act, and the Inltlatinq ~er(\ØIental entity files suit and is the ørevailinq party in . ~h suit, the ptlaarv disputinq qoverrua.ental entity which tailed to participate in (load faith hði:d-e-pabh:c-.ee~*ft9-t:O ~c:ttss-t:ne-proposed-i:¡'t:'¡'CJat'¡'on.7-tfte-90..erftin9-bod., shall be required to pay the attorney t s fees .nd coats in that proceeding ot ttie qovernmental entity vhlch initiated the ££!1fl1ct resolution procedure cotlnty-or-atu\ieipa:i:tty-whie:h-has 10 ei-l:ed-sust. Section 12. 11 Section 164. t 061, rlor id. Statutes, ia 11 erea tcd to read: 164.1061 Tll1e extenslons .--Any of the tllle I. require.ents set forth in this act IU.Y be extended to a dAte IS ~rt.\n by autual I,qre..ent, in writinq, of the priaarv I' contlictinq qovernaental entities. To the extent such '7 _Qre_m.ent vould CAUl. any iurisdictional tlœe recruirements to I' run wittl reqard to a p.articular clai., the ..qr,ement shall \9 have the effect of extendlnq any iurlsdictional time 20 reauireaents with regard to that clai. tor the period .et forth in the aqreecaent. Section 13. Sections 164.103. 164.105. And 164.106. I) ¡, ¡¡ lJ Florida Statutes, are hereby repealed. Section 14. This Act .hAll tAke ettect upon becollln9 A 25 lay, but snall not be construed to abroqate any othervise 26 &pplicable ACJr...enta or requireaents of any contracts, 21 inter local agreements, or other written inatrUlLents which are iI ln ex1atence AS ot the etfectlve d.ste ot thl. Act. To the 29 extent that any contractual or other aqreement. provisions in )0 exl.tence on the effective date of this A"t contlict with the u )1 1 ] COOING: Kords stricken are deletions; words underlined are additions. 10 CHAPTER 99-280 _Bl118o.;».$' 257 A bill to be entitled An Act relot1n9 to the FlorldA School tor the e..t and the BUndl _endln9 as. 235.014 ADd 235.017. P. B.. relotin9 to .dUCAt lond bciUti..; authorhlnq the Dep.ortllent of MAnA\J....nt Service. to provlde faclUtie. services for the Plorid.s School to,r the eeaf And the BUndl _endln\J .. 236.1229, F.S.; providlnq tor Plorida School taprovement and Acadeøic Achieve.ent Trust Fund qranta to the rlorldA School for the Deaf ud the BUndl provldlnq tor allocation and ach.ool-level adø.iniatr.ation: ..endinq a. 242.3305. P.S.; reviain9 pro9iaiona ,elatinq to .i..ion and respon.lbiUH.. ot the PlorldA School tor the Oeat and the Blind, ,uaendinq s. 287.059, ".S.; authorlzinq private attorney services tor the Plorlda School for the Deaf And the Blind 589-118A-99 11 11 IJ II 1\ 16 11 1ft 19 10 II 22 Be It Enacted by the Leqlslature of the State of Florida: without certain prior written approval; providlnq an effective date. ¡¡ 24 Section 1. Subsection (7) of aection· 235.01 i. Florida 1S Statutes, 1998 Supplement, is a.mended to read: 26 2]5.014 Functions of the department.--The functions of 21 the department shall include, but not be limited to, the 28 fOllowinq; it ahall: 21 (7) Provide training, technical assistance, and 10 buildinq code interpretation for r~uirements of the mandatory 11 l.Ioito[1I building code tor the facilitie.s construction and 171-611-99 """" 2 ] 4 5 6 7 8 9 10 11 1 2 1 ] 14 15 16 17 18 19 20 21 22 2] 24 25 26 27 28 29 ]0 31 provisions of this .act, the provisions in the written .aqree.ent ah.&ll control. 8 1999 8 1999 Approved by the Gowmor flied In Offiao Secr.tary of Slate JUN JUN 14 COOUC: Words stricken are deletions; words underlined ace additions. 5B9-118A-99 capital iaproveaent prQ9raaa of the board. ,l,nd, upon request, approve phase III construction documents tor relaOdelinq, 3 renovatioa. or ncw conatructioft of educatloaal plant. or 4 Anc1l1uy bc1lith., except thAt the Boud ot Regent. shdl 5 Approve specifiCAtion. And conatrucHon ðoc.....nt. tor the 6 StAte OnlYeralty Sy.t_. The Dep.ortaeDt of ICAnageaent Services 7 MY, upon requ.st, ahaii provide .i.i1ar .aer.ic.. tor the e FloridA School tor the Deat and the Blind And .hAll u.e a 9 state a1nlaua bu1ldin9 code Adopted pursuAnt to .. 553.73 And 10 the ~tiond Plre ProtecHoD Anoc1atlon Life Sdety Cod. AS Adopted puuunt to chApter 633. Section 2. Subsection (]) ot section 235.017. rlorlda Statute., 199. Supple_.nt, 1a ...ended to read: 235.017 Boud. to en.ure thAt faclUtl.. coaply with 15 bu1ldln9 codes And Ufe utety cod...-- 16 (J) The Cepart..nt of Kanaqcaent Services ....y, upon 17 !!!I!!.!lli .ut provide fAc1l1ties services tor the Plorlda lB School for the Ded and the BUnd. As used ln thla secHon. 19 20 11 12 13 14 21 22 23 24 the tec. . fAcilities services· lIeAns project unaqement, code and desiqD plAn review, and code compliAnce inspection for projects u defined ln s. 287.017(1 He). Section J. Section 236.1229, Florida Statutes, 1998 Supplement, i8 amended to read: 236.1229 Florida School Improvement and Acaderalc 25 AchieveHnt Trust Fund 9rants.-- 26 (1) LEGISLATIVE INTENT.--The Legislature recognizes 27 that private contributions can play an important role in 28 en.¡bling school districts and the Florida School for the Cea~ 29 and the 81 ind to achieve a IL&rgin ot excellence within ]0 existinq It&te and local funding. It is. therefore, the 31 intent of the Leqlalature to provide each .chooi distr iet and CODr~: Woeds :!Ier'1:c:lcen are deletions; words ~~~ are additions. coonc: Words 'tricken .He deletions; words underlined are additions. Florida Session Law Reporter - Page 837 '-" ....., RESOLUTION NO. 99-163 (INITIATING CONFLICT RESOLUTION PROCEDURES PROVIDED BY SECTION 164.1052, FLORIDA STATUTES (1999) PERTAINING TO UTILITY TERRITORIAL DISPUTE BETWEEN THE CITY OF PORT ST. LUCIE AND THE FORT PIERCE UTILITIES AUTHORITY) " WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The City of Port St. Lucie, Florida (City), has notified the County that the City believes that the City is entitled to provide water and wastewater service to an area located in the unincorporated County located south of Midway Road (Midway Road service area). The City has further indicated the City's intent to sue the County if the County allows another utility to provide water and wastewater service to the Midway Road Service Area; and, 2. The Fort Pierce Utilities Authority (FPUA) has applied to the County for permits to use County right-of-way to provide water and wastewater service to theMidway Road Service Area. The FPUA has indicated its intent to sue the county if the County does not issue the right-of-way permits to FPUA; and, 3. As a result of the conflict set out above, the Board believes that it is in the best interest of the citizens of St. Lucie County to attempt to avoid litigation and to initiate the conflict resolution procedures provided by the Florida Governmental Conflict Resolution Act between the County, the City and the FPUA. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1 . The Board expresses its intent to initiate the conflict resolution procedures provided by the Florida Conflict Resolution Act to resolve the conflict between the County, the City and the FPUA as to which water and wastewater utility is entitled to provide utility service to the Midway Road Service Area. 2. Within five (5) days after the adoption of this Resolution, the County Administrator is directed to send a letter and a certified copy of this Resolution to the chief administrator of the City and the FPUA by certified mail, return receipt requested. The County Administrator is also directed to mail a copy of the letter to the chief administrator of the City of Fort Pierce. 3. This Resolution shall become effective upon adoption. '-'" ...." After motion and second, the vote on this resolution and notice of election was as follows: Chairman Paula A. Lewis xx. Vice Chairman John D. Bruhn xx. Commissioner Cliff Barnes xx. Commissioner Doug Coward xx. Commissioner Frannie Hutchinson xx. PASSED AND DULY ADOPTED this _ day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: Coun ty Attorney '-'" ...., 5.6 Sale of Utility Systems. 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 I 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 paragraph are inv~id or prevent the City from~rcharging 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 düc.e 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 by the City. As a condition precedent to Closing, the City will issue it7 own municipal bonds in order to provide funds at Closing sufficient 1::.0 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' s 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 shal~ot be delayed by the failur~f 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 ("SLMHpII) shall not be included in the Service Areas. In consideration of the City's agreement to exclude SL~HP from the Service Areas, the County agrees that the City shall ha.}e 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 faci~ity 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 services from the'-t;tility Systems pursuant to'-lfn 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 prganization. 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 ~ontemplated 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 authorized and approved on behalf of the City by all requisite action as herein required. 6.3 Litiqation. 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 ~ . -:'. \,1 ¡ ~ """" co\Ø:L rrBl 8 E OA"Œ ~7 /95 co~rrlitol lOA DATe llL13/95 ORDINANCE 95- D AN ORDINANCE MAKING CERTAIN FINDINGS; AHEHDING SECTION 61.03, PORT ST. LUCIE CITY CODE, DEFINITIONS; SECTION 61.07, PORT ST. LUCIE CITY CODE, CUSTOHER DEPOSITS; SECTION 61.08, PORT ST. LUCIE CITY CODE, RBCONNBCTION CHARGBS; SECTION 61. 11" pORT ST. LUCIE CITY CODE, WATER. AND WASTEWATER CAPITAL CHARGBS, ADOPTION, CALCULATING APPL:J;CATIOR,' 'lID OF PAYlŒN'r; SECfiON 61.15, PORT ST. LUCIE CITY' CODE, . ACCRUED GUARANTEED REymroE CHARGE, ADOP'rION, CALCULATIOJl, APPLICABILITY, TIHB OF PA'YJIENT¡ ADDING SBCTION 62.11, pORT ST. LUCIE CITY CODB; GUARANTEED REVEHUB FEE SCHEDULE; AKBNDIHG THE APPENDIX TO CHAPTER 62, PORT ST~ LUCIE CITY CODE, WATER, WASTEWATER AND GAS RATE SCHEDULE; AMENDING SBCfJ.'ION 63.03, PORT ST. LUCIE CODE, DEFINITIONS; SECTION 63.22, PORT ST. LUCIE CITY CODB, REFUNDABLE ADVANCES; ADDING SECTION 63.24, PORT ST. LUCIE CITY CODE, UTILITY SERVICE AREAS; ADDING SECTION 63.25, PORT ST. LUCIE CITY CODE, HISCBLLAHEOUS POLICIES; PROVIDING FOR SEVERABILITY; PROVIDING, FOR CONFLICfJ.'S; PROVIDING FOR AN EFFECTIVE DATE. and the rates, fees and charges incorporated herein, the Ci.ty Council of the City of Port st. Lucie hereby makes the followi.ng findings, purposes and intent: 1. On September 26, 1994, the City Council of the City of 'port St. Lucie passed Ordinance No. 94-44, which became effective on September 29, 1994, and which added the "Water, Wastewater, and Gas Utility Rate Ordinance" to the port St. Lucie City Code. THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: SECTION 1. COUNCIL FINDINGS. In adopting this Ordinance 2. On september 26, 1994, the City Council of the City of Port St. Lucie passed ordinance No. 94-45, which became 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 september 30, 1994, St. Lucie County transferred to the City certain water, wastewater and gas systems, which the City currently owns and operates. 4. subsequent to the passage of Ordinances No. 94-44 and No. 94-45, the City authorized the examination of the rates, fees' and charges provided for therein to confirm that they will adequately generate the revenues necessary to meet the projected fiscal requirements of the City on an equitable basis to all classes of users. conducted covered operating functions, operating expenses and 5. TO I accomplish these objectives, the analysis administrative requirements, together with other bond covenant requirements 6f the Series 1994 Bonds, cash balances and the Capital Improvement plan of the City. 6. Therefore, the City's engineers have performed this subsequent rat'es, fees and charges analys is to calculate just, fair and equitable rates, fees and charges. St. Lucie County for over one (1) year, it has been determined that the Capital Charges, and certain other rates, fees and charges originally established, exceed that amount which is necessary to 7. Having operated the utility systems transferred by meet the projected fiscal requirements of the City on an equitable basis to all classes of users. -2- Additions to text are indicated by underline; deletions by ~. · ., '-" """" ORDINANCE 95-~ a. Accordingly, certain rates, fees and charges will be reduced or eliminated. 9. The recommended rates, fees and charges will provide sufficient revenues to meet the fiscal requirements of the City in its operation of the water, wastewater and gas systems, including debt service on the Series 1994 Bonds, and provide coverage and other covenant requirements. 10. The City is aU,~horized to adopt water and wastewater rates, fees and charges and ,other provisions set forth herein I pursuant to Chapter lBO, 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 adopted to reflect the financial hardships necessitated by the involuntary nature of contemplated :special assessment districts and certain laws applicable to the provision of water and/or wastewater services. SECTION 2. That Section 61.03, port St. Lucie Code, is hereby amended by modifying or adding the following definitions: §61.03 DEFINITIONS EQuivALENT RESIDENTIAL CONNECTION or ERC. A factor used to convert a given average daily flow (ADF) to the equi valent ;l number of residential connections. For this purpose, the ADF of -3- Additions to text are indicated by underline; deletions by ~J~' ORDINANCE 95-~ one ERC is deemed to be 250 day (GPD) for wastewater and 250 (GPD) for service. The number of ERCs contained for a given ADF is determined hereunder by dividing that ADF by 250 GPD for wastewater and 250 GPD for water. ERCs shall be to the t 11 in no even be SECTION 3. That section 61.07¡ Port St. Lucie City code, is hereby amended to read as follows: §6l.07 CUSTOMER DEPOSITS. (A) Establishment of credit. (1) Before rendering wastewater, or gas service, the city may require an applicant for service to establish credit, but such establishment of credit shall not relieve the from complying with the city 's prompt payment. Credit will if: be deemed Additions to text are indicated by deletions by F~~~· :I;:;~5»*~)&¡';~·ø;~:<-S ORDINANCE 95_70 1'~Läl The applicant ~ The applicant irrevocable a cash deposit. furnishes an of credit from a bank or a surety bond, held in a non-interest (2) Any ¡~~~'f.i Ihi~_ by the city shall be 5 against any charges due~ The amount of initial deposit shall be the following (B) Amount of Deposit. according to customer class and meter size: -5- Additions to text are indicated by ynderline: deletions b w.~~~~. y ,,,,,,,,,,,,~W.@j ORDINANCE 95-7~ Customer Class/Meter size Residential Single Family: Customer Deposits Water Wastewater Customer Deposits Water Wastewater Residential Hulti-Fàmily: Per Unit iwhen master meteredL $ $ Customer Deposits wa.ter WastE!Water Non-Residential: 5/8" x 3/4" I" 1-1/2" 2" 3" 4" and above $ .00 .00 .00 .00 00 Two months $118.00 275.00 925.00 1,175.00 1,400.00 est. bill. (C) Additional The may a new deposit, where previously , or an additional deposit in order to of current bills provided. The city shall provide the customer with reasonable written notice of not less than 30 days where such request or -6- Additions to text are indicated by d 1 t i b ~~~\~1iíj¡ e eons Y ~~¡~~. ORDINANCE 95-~ notice is separate and apart bill service. The total amount of the required water deposit shall not exceed an amount equal to the average actual charge for water service for IIi threª monthly billing periods for the 12-month period immediately prior to the date of notice. The the required wastewater depos it shall not exceed an amount to the average actual charge for wastewater service billing periods for the 12-month period to the date of notice. In the event the customer has than 12 months, the city shall base its new or deposit upon the average actual monthly billing SECTION 4. That 61.08, Port St. Lucie City Code, is hereby amended to read as follows: §61. 08 -7- Additions to text are indicated by deletions by ~~~~~~~. ~;)~~*» ORDINANCE 9 70 service is or ordered disconnected because of amounts due, the reconnection fee shall be based on the actual costs by the city, but shall not be less than $25 during normal working hours and IiI ~ after normal working hours. a new Ioca into the there e no SECTION 5.. That paragraphs (A), (B), (C) and (D) of Section 61.11, port St. Lucie City Code, are hereby amended to read as follows: hereby adopts and establishes capital charge and a wastewater consist of plant capacity and of which will be to finance payment of city indebtedness c · s water supply, treatment transmission, treatment, Unless otherwise designated below, city shall b ~ (A) Adoption. The pursuant to general law, a capital charge, each of which line charge components, the capital expenditures and associated with the expansion and transmission system and and effluent disposal system. the water capital charge per ERC, which s all be com and the wastewater capital -8- Additions to text are indicated by ~¢erline; deletions by If~~' ORDINANCE 95- -70 a sewer charge shall be I~~~I ~~~,:f'+~~$$:( e of 60. Additions to text are indicated by deletions by ORDINANCE 95_-70 (B}, city may of all or a portion of the the extent that the city construction to fac or the disposal facilities the water or wastewater Additions to text are indicated by from the payment capital charges to contribution in aid of I treatment or transmission I treatment, or effluent not less than the portion of being exempted. a -10- deletions by ORDINANCE 9 70 (C) Time of Payment. water and wastewater capital charges shall be paid of a structure or structures to be served by the , or such other time as may be specifically provided by city , agreement, or permit: provided, however, may permit installment payments of any water or upon such terms and conditions as the city (D) Determination Residential Uni t Factors I for Water and wastewater Servi ( 1 ) For of calculating and imposing the water and/Qr wastewater provided for in this , section I the ERC factor for particular connection shall be calculated and imposed in provided as follows: ERC -11- Additions to text are indicated by deletions by ORDINANCE 95..22.. Additions to text are indicated by deletions by $i~i!~¡· ~~~:{.¡.:"..};tc~",* ~ ..".", ORDINANCE 95- ?O ESTABLISHMENT Residential: Single Family with Standard Residential Meter: . . . . . Single Family with meter in size greater than Standard Residential Meter (based on estimated flows or number of fixtures) Multi-family master metered l-ª..l 1 bedroom or less than 750 square feet Lhl 2 bedroom or more than 749 square feet . . . . . . . . Multi-family non-master metered (same as single family) Commercial: Airports, bus terminals, train stations. port & dock facilities 1.& per passenger . . . . . . . . . . . ~ add per employee per B hour shift Barber & beauty shops per service chair Bowling alley per lane . . . . . . . . , country Club 1.& per resident . . . . . . . ~ add per member or patron . . . . l£.}. add:per employee per B hour shift Doctor and Dentist offices ill per practitioner . . . . . . . . . ill add per employee per 8 hour shift . Factories. exclusive of industrial wastes Gallons per employee per 8 hour shift W No showers provided . 11D. Showers provided . . . . . . . . Flea Market open 3 or less days per week 1.& per non-food service vendor space . LQl ~d~ ~er.food serv~ce est~blishrnent US1n 51ngle serV1ce art1cle5 only per 100 square feet . . . . . . . . . . . . -13- ERC FAClŒ 1. 0000 0.5000 Q.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 '-' ~ ORDINANCE 95- 70 w per limited food service establishment . . . . Flea Market open more than 3 days per week (estimated flows shall be doubled) Food operations ' lAl Restaurant operatino 16 hours or less per day per seat . . . . 1Ql Restaurant operatino more than 16 hours per day per seat . . . . . . . . . . . l£l Restaurant using sinole service articles o~lv' and operating 16 hours or less per day per seat . . . . . . . . . . . . . . 1Ql Res;aurant using sinole 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 game Lil Drive-in restaurant per car space . J..gl çarry out only, including caterers 1. per 100 souare feet of floor space 2. add per employee per 8 hour shift ill Institutions per meal . . . . . . . . . lil Food outlets excludino deli's, bakery or meat department per 100 square feet of floor space . . . . . . . . . . 1. add for deli per 100 souare f~et 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 & .LJD. ill Motels Regular per room . . . . . Resort hotels, camps, cottaoes, per room . . . . . . . . . . . . Add 'for establishments with self service laundry facilities per machine 1..£.l -14- 0.1176 9·1882 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 '-'" ..., ORDINANCE 95-~ Mobile Home Park ~ per sinale wide mobile home space, less than 4 sinqle wide spaces connectèd to a shared onsite system. . . . .. 1.1765 ill per sinale wide mobile home space 4 or more single wide s~aces are connected to a shared onsite system . . . . . . . . . . . . . . . . . . .. 1.0588 i£l ler double wide mobile home space, _ess than 4 double wide mobile home spaces connected to a shared onsite sys tern . . . . . . . . . . . . . . . . . . .. 1 . 4 11 B ill per double wide mobile home space, 4 or more double wide mobile home spaces connected to a shared onsite SYS tern . . . . . . . . . . . . . .. 1 . 2941 Office Buildina per employee 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 . . . . p.3529 1. 1765 1.5294 p.0005 0.0188 0.9412 . . . . 0.0471 0.0188 11 Transient ~ Service Statións per water closet .Läl. Open 16 hours per day or less . . ill Open more than 16 hours per day Shopping centers without food or laundry per square foot of floor space . Stadiums, race tracks, ball parks per seat Stores per ba~h room Swimmina and bathing facilities, public per person . . . .. ........ Theaters and Auditoriums, per seat -15- '-' """"" ORDINANCE 95_-70 Veterinary Clinic W. per practitioner . . . . . . . . . .(J;D. add per employee per 8 hour shift .!.tl add per kennel. stall or cage . . Warehouse W .LQ.L Ltl add per employee per 8 hour shift add per loadina bay . . self-storaae. per unit . . . . Institutional: Churches W ill Hospitals W ill per seat which includes kitchen flows unless meals prepared on a r9utine basis .... . . if meals served on a regular basis add per meal prepared . . . . . per bed which does not include kitchen flows . . . . . . . add per meal prepared . . . , Nursing. rest homes. adult congreaate living facilities W. per bed which does not include kitchen flows . ill add per meal prepared . . . . . Parks. public.'picnic W with toilets only. per person. . . . ill with bathhouse. showers & toilets, per person . . . . . . . . . . Public institutions other than schools and hospitals W per person which does not include kitchen flows . . ill add per meal prepared Schools per student .Läl ill J..çJ. ill 1..ê.l day-tyPe . . . . . add for showers . . µdd for cafeteria . add for day school workers þoarding tVPª . . . . . . . -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 O.352~ ....... - work construction eam per worke.t: 0.2353 ORDINANCE 95 70 . .. II" ". . .. " " . .. .. .. (2 ) One unit (ERC) shall¡ for purposes of this Section¡ assigned value of 1.00. For hereby established and wastewater service capacity, determined to be equal to a flow gallons per day¡ average annual basis (250 GPD)¡ such other value as may be later approved or determined by the F Department of Environmental protection. ( 3 ) For water' , one ERC is hereby established and determined to be equal a flow of 250 gallons per day, average annual basis (250 GPD). (4) The "total equivalent residential unit value" for an establishment shall be calculated by multiplying the ERC factor listed above by the number units, and shall ERC not listed above, the unit (ERC) value for be rounded YQ to the " (5) For all total wastewater equivalent wastewater service capacity shall be determined by multiplying the number of fixture units 1 as in the Standard Plumbing Code, by 301 and then dividing Total Wastewater ERC by 250. For example: -17- - ORDINANCE 95--1ü The wastewater capital charge following formula: Total ERC Value x charge be determined by us ing the = wastewater capital (6) For all not listed above, the total water equivalent res unit (ERC) value for water service capaci:ty shall be determined by multj.plying the number of fixture units, as published in Standard ?lumbing Code, by 30, and then dividing that numerator by 250. example: Total ERC value = The water capital charge shall formula: Total ERC Value x (7 ) The using the following = capital charge applies to above establishments being gas system. water, wastewater and ( 8 ) ht to review to be reserv to flows ex flows as ulated ERC Value a d to t flows enerated re flows exceed ex cted flows should over If actual such For an -18- ORDINANCE 70 SECTION 6 . Tha t is hereby amended to read as , Port St. Lucie City Code, -19- ORDINANCE 9 0 -20- ORDINANCE 95- 70 ;¡i;f~4ij N~X.~~1:í -21- ORDINANCE 95- 70 the then ex for water and or 1 ter for an water and or -22- ORDINANCE 95-~ e uivalent residential ou fêe sha uaranteed revenue ees a default in the allocated ca water and or -23- ORDINANCE 95-~ thereof shall be eturned to ö interes 1 be ßECTION 7. That the following is added to the Port St. Lucie City Code as Section 62.1 SEC.TION e. . That attached to Chapter 62, set forth in the Port St. Lucie City Code, Appendix attached hereto and SECTION 9. That .03, St. Lucie City Code, is hereby amended to add the following definition: ereto where water and are or wil be SECTION 10. That Code, is hereby amended to §63.22 REFUNDABLE The city contribution provisions set port St. Lucie City , in addition to the 1 a construction cost -24- ORDINANCE 95- 70 the cost to connect the applicant's adequate in size by the city. The city has advance by the applicant of any off-site facilities property with the then terminus to provide service as deemed water service usin utilities se a two and As forth elsewhere responsible for his chapter, the applicant shali "hydraulic share" of the cost this chapter recognizes required to advance the undeveloped property, in order that of serve the subj'ect property. All over and above the facilities, shall be rebated the terms and ities. However, in an applicant will be applicable to other be constructed to expended by the applicant, share for off-site in accordance with }~fjtEm~ 5- ORDINANCE 95':' ...ïil1~!: For facilit"es shall be e o construct the minimu ze such ze line isa rovided tha determined b ic share shall be e onstruct ze to serve the satisfied: a the a size line re line Or a line la er than t e either nd there -26- ~ ..." ORDINANCE 95-~ other undeveloped property. or developed property that is not dale to co nect to such "ov e available. In refundable advance shall be the ed" line to ut ·li e the the amount of actual cost f the line constructed esti ated as certified b cost of the licant's en in er less the size lin fundable advan shall onl e e extent of t e availab credit a a st such t s due and t to the ci for i.e. al refundable advance for construc ion o a wastewater line in excess . e shall onl be a credit a due for wastewater service and anv excess amount of a refundable advance ove such wastewate not be re id 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: §63.24 SERVICE AREAS. (1' The city herebY confirms that wast water servic areas have A endix attached hereto and b reference inco its water and 6 shown on t area shall be de in d as the orated herein. The t. Lucie Wa er and -27- '-" ~ ORDINANCE 95- 70 Wastew ter Service as \I and iden . ies those areas where shall be the exclusive vider of water and wastewater servo s. s such the cit shall have 12) The City of port St. Lucie Water and Wastewater ce Areas do not include a area within the cit limits of an other incorDorated municiDality. (3) Full size maDS of the City of port St. Lucie Water and wastewater Servi Areas are on file wit and is in the utilit and' are available for ins ection and review. (4) Wherever in Title VI of this Code reference is made to service area or area ervice Area orAr as such reference shall be deemed to and shall refer to the Cit t. Lucie Water and Wastewater Service Areas. SECTION 12. That the following is added to the port St. Lucie City Code as Section 63.25: ~63.25 MISCE~OUS POLICIES. A. General utili tv systems policies. (1) To the fullest extent permitted by law, all commercial or industrial bui d structures which are ocated on property ih the City of Port St. Lucie Water and Wastewater Service Areas and which are ad acent to ublic ri ht-of-wa or easement that has a water main or sanita sewer 10 ated in it and -28- 7., W" .."., ORDINANCE 95--70 avail re uired exce ovided in subsectio to connect with and use within three hundred sixt - five (365) days. the services and facilities of the city's water tewater s stems in order serve the health safet 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 ad'acent or ava ble to a when it is located Road unless it "5 located on A water a tate the a public right-of-way or easement adjoinina the property. I sewer will not be considered available in paved roadway as the property to be served. All new construction of an e must connect to t e water and/or wastewater services of the city if the property on . which such new construction takes place is adjacent to a public ~ight-of-way or easement in which a water main or sanitary sewer is located. (4) If a water main is adiacent or available to a property. and a residential buildina or structure located on that property 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-~ re uested from the t. Lucie Coun Heal th De artment or ot er a author it for a re lacement well. If a sanita sewer or structure located is connected to a se ank is ad'acent or available to a s stern then that reside tial buildin or structure will e re ired to be connected to the 't 's the se tic tank fails or a rmit is re sted from the St. Lee Count eal th De artment or 0 for a septic tank or drainfield reúxacement. I w ich is current I r irrigation purposes shall be able to continue to utilize such well notwithstandin or nection to the cit '5 water 5 No cross connection will be allowed. 6 Notwithstand" of this cha ter to t e in the event that 1 exist a health or safet hazard which ma be eliminated b tion to cit 's water a d or an or structure im acted thereb shall be required to connect immediately or as soon as practicable in liQht 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 articular and to install more than 0 -30- - ~--- -- W' "",.¡ ORDINANCE 95- 70 such extended water line. the cost of the first fire hydrant shall be borne b the develo er or customer and the actual cost of an additional fire hydrant(s) shall be a credit applied aaainst the capital charge for such developer or customer due for water service but 0 to e. (B) policies applicable to special assessment districts. (1' When a new residential or commercial or industrial buildin or structu City of Port St. Lucie Water and Wastewater Service Areas and is in a s ecial ent dist ict within which wate d 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 available to the ther fees and ice when it becomes ad or vent es and licable to onnection to the c't 's id to the it at the time w wastewater shall be ermit is issued in the case of execut' industrial construction. sidential construct" on in the vent of commercial In the event ecial assessm it I S water and district . or struc ure nnect .')i 2 to the as re the owner of such buildin or struct re -31- '-' ....,¡ ORDINANCE 95-~ ave elect to a such costs 0 n the case 0 wastewater serv stallation of as the Cit Council sha rove and ca or such water and or wa water service to the cit over ð eriod of ten ears with ut he accrual of interest. The ca ital char 5 will be aid eac the amount of one-one dred and twentieth of the applicable capital charges then existina at the time of connection, until such deferred capital charaes are paid in full, as evidenced on each monthlY statement for utilities services. If the customer is not the owner a cation of the deferre capital charaes 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. ÇONFLICTS. 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- 1 . W' """ 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. CITY CITY By: SAND K. HNSON, City Clerk (Offic~a.'1 se~~)\:~.'\:··\. ~. 0 R r'~ . . \ ..."." S,.._ :) .... ". -at, .j, .. ~.... ':<;~~ñ" ~" '.~~ ¿~\.. : : _ : t'~, ;\TItI. r,., I... .. C" . . v"" .......c"...¡ c-; "___. u : _ :. . ' : '" "'~, :. ... S 1':" ^ L .,: . þ~ 0;.. .'. i...J ." ~..'. ':.. ". 1 t . 1 .-\. ' .., ."- ... ~ ~ I ...... .~ ~ . .... t . . , , .....;!!' '1 .. ,~\ .(! ~~ 8t.UJCI»UJU"' , an Of FORt &T. U)QE 'tMISIS 10 camF'f'tAATI'.!., IS A mue AND OOf\RECl ~ , Of ~ RECOROS ON fILE IN TInS ()ffICf "- '\- :. "r, ' 'I .. \ < , '0 i' C \'..\) C \,) . .,.; \ 'f c ':> .. . . . . .. . '.1 ~ -.,~ ~if~· ~ , D (;(fR n:rE t1,.~ð~~ lQTí~ '., ~ - , '. V' '. '. . . ' -33- . ORDINANCE 95_'70 APPENDIX & WATER, WASTEWATER AND RATE SCHEDULE (A) Monthly water and wastewater charges and rates. (1) Residential single base facility charge (BPC): Heter size Water BFC S/B" x 3/4" (Standarq Residential Meter) "",!ft! i'!l;:~.>i ~~ ¡¡D-~~ Ji'$~í'itJæ! $~Im'" :\1'" :~~~, .", ~~~.X(Ì for all meter sizes ~'-;'?lj!"I'~ :¡t::;~:4}'~~ I*~,.Ii.~~J$\¥AA' ~~ ~ m~~,!1¡~ ~~~~~,,~ fIB,," 'E'v ¡~~;; :;x~ ",' ;'v,:.'::.~ ~v~".¡~ \\!It '~" ~iii~ ' , fiti : : ~'X"~~W~ 'KI'W' ¡.": )~ ' . ~iji ~t~': ~:;s: "'i''''I1''', ,..~it:'" \'t~"";,~n ~~<"K~~:-:~ Plus gallonage rate per 1,000 gallons as follows: Water Rate Wastewater Cap (gal) Block 1 Block 2 (2 ) , ~..t':g""'''' $ ",¡:",~;,' ,..,:~-::' "~-I'':' . 'ft. .;<;» $ -I~~~ ~k;ii;.f.;~ ,000 Above 15,000 6,000 $ n/a Residential mu1ti-f~ily BFC (includes condominiums and apartments): BFC Wastewater BFC Per dwelling Unit: (When master metered) $ -34- , . ORDINANCE 95-~ plus gallonage rate per 1,000 gallons Water Rate Rate follows: Water Gallons Wastewater cap (gal) Block 1 Block 2 $ ~ 1- ,000 $ nla Above 15,000 (3) Non-residential BFC: Meter Size Water BFC 5/ a" x 3/4" I" 1-1/2" 2 " 3" 4 " 6" 8" 10" 12" 6,000 nla $ Wastewater BFC 1~@;ll~ li¡¡æll ¡~!~iIS!n ~:*'Wt.~t;*\~~:t-.;:* i~S.WJ¡!t::t:i' >.""'~~{.....:.s.::!....u~ ~-mV.'-:"'¡. #...~ j5i~¡~j~ï'ft~ 1X~~~m~~. >~-Ä¡'~¡¡?~'·' i~~.~~ ~1111.i~ 'jtf1\¥j!î~~ Plus gallonage rate per 1000 as follows: Water Block 1 Block 2 $ $ Wastewater Rate $ ~¡I $ nla 12.09 30.24 60.4i 96.7Q 189.34 302.07 604.10 966.55 1.389.44 2,597.63 There shall be no wastewater cap for this class of users and customers. -35- · ~ ORDINANCE 95- 70 Monthly water block gallonage meter size: Meter Size Gallons in Block 1 Gallons in Block 2 5/8" x 3/4" 0-15,0.0.0. Above 15,0.0.0 I" 0.-38,0.0.0. Above 38,0.0.0 1-1/2" 0.-75,0.0.0. Above 75,0.0.0. 2 " 0.-120.,0.0.0. Above 120.,0.00 3 " 0-240.,0.0.0. Above 240.,0.0.0. 4" 0.-375,0.0.0 Above 375,0.00 6 " 0-750.,0.0.0 Above 750.,000. 8" O-l,20~,OOO Above 1,200,000 10" 0-1,725,000. Above 1,725,000 12 " 0-3,225,000 Above 3,225,000 (4) Residential wastewater only: 1 ) 2) Single family flat rate: Multi-family flat rate: $(~l~~~:œg ~N"::J.~~ß:.~'>:'b~;" I...·..(¡CW-. '"..."'... $'''''''~'!',W~'¡,t' ~F8~*~~~ 33.93 32.75 (5 ) STEP System customers · charges outlined credit month STEP System. In addition to the monthly customers shall receive a $0.20. the cost of electricity for the (B) Propane ga& rates, fees and charges. ( 1 ) BFC (includes up to 5.5 rate (per gallon in ): $9.40, plus gallonage 5 of 5.5 gallons): $1.252 (2 ) Cus tomer depos equal to two months whichever is greater. customers shall pay a deposit bill for service or $25.00, -36- · . ORDINANCE 95 ill ..(..ll f:\data\rnk\psl1\Ordinance.94-44 Rev;£;on date: October 31, 1995 -37- · \ ! i ~ ,.. ¡;. ¡;¡ ,.. ~ .. ~ J> -4 r'l (/JAJ ~ \.~ r'l AJJ> <2 t::? '" ,.. '" M :¡ ItJ ., .. ~ < -<: ¡:¡ ,.. ñ J>J> ! M ... ~ ~ AJ~ ~ '" M r'lr'l ... ,. S- In ª J>~ ,., ... .. J> x ~ C -4 'Z ., ~ r'l C C '" '"' ÏíJ .. ~ .,. ,.. ,.. M % i :¡ ... ~;; ... VI "J(!\ J,'" I~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 Xll. 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 flo~v 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 accomplislunent 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 W' ...." 579 So.2d 219, City of Mount Dora v. 11's Mobile Homes, Inc., (Fla.App. 5 Dist. 1991) *219 579 So.2d 219 16 Fla. L. Weekly 1115 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 25, 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, Jr., I J., granted summary judgment in favor of utility, and municipality appealed. The District Court of Appeal, Cowart, J., 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. Afflrmed. Harris, J., dissented with opirúon. 1. MUNICIPAL CORPORATIONS ~71O 268 268XI 268XI(B) 268k71O 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 ~198 405 405IX Public Water Supply 405IX(A) Domestic and Municipal Purposes 405k198 Licenses and taxes. Fla.App. 5 Dist. 1991. Public Service Commission water and sewer certificates issued to private utility granted utility exclusive right to provide water and sewer service to Page 1 certificated area and such right precluded any other entity from having right to serve certificated area with water and sewer utilities. 2. PUBUC UTIUTIES ~ 141 317A - 317 AIll Public Service Commissions or Boards 317 AIll(A) In General 317Ak141 Nature and status. Fla.App. 5 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 ~710 268 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 ~198 405 405IX Public Water Supply 405IX(A) Domestic and Municipal Purposes 405k198 Licenses and taxes. Fla.App. 5 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 mUIÙcipality'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 ~71O 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. 5 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 Do~ JJ's Mobile Homes, Inc., (Fla.App. 5 Dist. ~) Page 2 that was subsequently annexed by city. West's F.S.A. Sec. 367.022(2). 5. FRANCHISES ~l 183 183k1 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 268k710 Private sewers and drains. [See headnote text below} 6. WATERS AND WATER COURSES ~198 405 4051X Public Water Supply 4051X(A) Domestic and MUIÙcipal 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 mUIÙcipality annexed tract within area. West's F.S.A. Sec. 367.011 et seq. : 7. PUBLIC UTILITIES ~11} 317A -- 317 All Regulation 317 Ak113 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, prov,iding 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 defmitions. 9. PUBLIC UTILITIES ~113 317A - 317 All Regulation 317 Ak113 Certificates, permits, and franchises. F1a.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 - 317 All Regulation 317 Akl13 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. 11. PUBLIC UTILITIES ~ 113 317A -- 317 All Regulation 317Ak1l3 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 317 Ak114 Service and facilities. Fla.App. 5 Dist. 1991. Right to provide utility services to public carries concorrÜtant duty to promptly and efficiently provide those same services. 13.PUBLIC UTILITIES ~113 317A - 317 All Regulation 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 Dor~JJ'S Mobile Homes, Inc., (Fla.App. 5 Dist. 1~ *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 ~113 317A - 317All Regulation 317 Ak113 Certificates, permits, 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 . 15.PUBLIC UTILITIES ~113 317A --- 317 All Regulation 317 Ak113 Certificates, permits, 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 presertt 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. This 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, JJ'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 I 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, fùed 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 fmding 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 Do~ JJ's Mobile Homes, Inc., (F1a.App. 5 Dist. 1~) operates and maintains an approved water and sewer utility system within the cerùfied territory, which utilities have been in operation since the mid-1970's. 4. The Plaintiff's cerùficated territory encompasses Dora Pines mobile home subdivision, together with a large parcel of currently undeveloped property. The Plaintiffs 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 cerùficated 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 pennits from the Department of Environmental Regulation, which pennits are valid through October 15, 1994. The sewer plant is currently pennitted 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 cerùficated 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 cerùficated territory. 10. The Plaintiff is currently acroally operating its water and sewer utility within its cerùficated 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 cerùficated territory. This right precludes any other entity from having the right to serve the cerùficated 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 cerùficated territory is in territory which is ¡ immediately adjacent to the Defendant. Therefore, pursuant to Section 180.06, Florida Starotes (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 cerùficated territory as described in the cerùficates 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 cerùficated 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 579 So.2d 219, City of Mount Dor~ JJ's Mobile Homes, Inc., (Fla.App. 5 Dist. 1~) shall not construct any system, work, project or uúlity authorized to be constructed hereunder in the event that a system, work, project or utility of a similar character is beine: actuallv operated bv 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 fmancial1y jeopardizing each other's operating revenues if erected in the same consumer territory. State v. pîååi 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 Uúlity v. City of Jacksonville, 564 So.2d 1156 (Fla. 1st DCA 1990), the court held: W1úle the statute is not a monument to clarity and draftsmanship, ... we interpret it only to prohibit direct encroachment by one uúlity provider into an operating area already served by another. Ally 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 ånd 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. (FN 1 ) 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 uúlity 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 Corporations, 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 sèe, 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 '';l Copyright (c) West Group 1998 No claim to original U.S. Govt. works 579 So.2d 219, City of Mount DorW'11's Mobile Homes, Inc., (Fla.App. 5 Dist. 1"tJt!lf) from the exclusive franclúse granted by the city. The ttial court found that the authority's intrusion violated the private company's exclusive franchise. The disttict court affinned 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 wlúch invaded the private company's service area. The PSC disßÙssed 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 specifically noted it did not rule on the rights of the parties wlúch rights were being litigated in an action for injunction in the circuit court wlúch 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 ttial 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 sißÙlar services within its municipal limits, annexed the area. The private utility company not only 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 Page 6 ) 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 franclúsed 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 pemùtted to compete *225 as to rates and service and that each entity be given an exclusive service area and monopolistic status. This unusual econoßÙc advantage is given a utility in our free market economy in exchange for the utility relinquishing its usual right to deternùne the level of service it provides and to set its own competitive rates and subßÙtting 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 CJ.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 franclúse right of each is equal and neither entity is, per se, superior or inferior to the other. [11] (2) A franclúse 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 Dor~JJ's Mobile Homes, Inc., (Fla.App. 5 Dist. I'M) [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, 1., concurs. HARRIS, J., dissents with opinion. HARRIS, Judge, dissenting. I would like to concur in the majority oplllion 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 pernùt 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. (FNl) 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 pernùts 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 Do~ ]J's Mobile Homes, Inc., (Fla.App. 5 Dist. ~) Page 8 Utilities, 540 So.2d 178 (Fla. 5th DCA 1989). FN 1. I urge that this protection should come from the legislature. FN2. Sec. 367.021(10), Fla.Stat. (1989). -:"}¡; ',,," Copyright (c) West Group 1998 No claim to original U.S. Govt. works 1999 WL 22430, Lake Utility serv~, Inc. v. City of Clermont, (Fla.App. 5 Dist. ~9) *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 UTllXfY 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, PumelC & 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 maner. On November 24, 1992, the FPSC granted LUS's application. Page 1 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 pennits 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 pennined 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 serv~, Inc. v. City of Clermont, (F1a.App. 5 Dist. ~) development. It also sought a denial of LUS' s petition for injunctive relief.' **2 Attached to Clermont's answer was a copy of ordinance 273-C. The ordinance reads in relevant part as follows: CITY 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 Page 2 WHEREAS, the extension of water and wastewater systems by the City of Clermont 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 Clermont Utilities Service District (hereinafter referred to as the "District"). Section 2. District Boundaries. The District shall have the following boundaries: * * * Section 3. ExteTl.5ion 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 Clermont 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., wlùch 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 Serv~, Inc. v. City of Clermont, (Fla.App. 5 Dist. ~) Section 6. Accomplishment and Regulation of Utility Zone. Any property annexed into the City of Minneola will be deleted from the City of Clermonts [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 affirmative 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 determination. It maintained that the FPSC's resolution of the matter was res judicata. Both parties filed motions for summary judgment. The only additional information 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 (FNl) 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. Page 3 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 Chs. 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. JJ's 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 flISt. 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. ~9) 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 JJ'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. [foomotes 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. lJ'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 mUIÚcipalities.- * * ,.. Page 4 (2) Any 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 Stale v. City of Pensacola, 143 Fla. 823, 197 So. 520 (1940), 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 oIÙY 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 (F1a.1981) (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 1999 WL 22430, Lake Utility' serv~, Inc. v. City of Clermont, (Fla.App. 5 Dist. ~) and electric distribution systems beyond its corporate linùts); Stale v. City of Melbourne, 93 So.2d 371 (Fla.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 linùts 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 ancL 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 pennitted 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 Page 5 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 }}'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) [d., 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 sununary 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) 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 ii's Mobile Homes, tlùs 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 invesunents for competing utilities that could not likely be operated without fmancially 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 tlùs 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 Page 6 to the residents of the district "promptly and efficiently," 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 tlùs litigation after adopting its Utility Service District ordinance, neither discusses the effect of annexation. (FN1) 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 tlùs 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, UIÙess such municipality or private company consents to such construction. The provisional exclusivity set out above was recognized by this court in ii'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 1999 WL 22430, Lake Utility serv~, Inc. v. City of Clermont, (Fla.App. 5 Dist. ~9) exclusive to the extent that such company has the ability to promptly provide service to the public within its franchise 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 pernút 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. FNl. 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 reasonable time. FN3. 367.045 Certificate of authorization; application and amendment procedures.- ...... ... (5)(a) ... The commission 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 Ùle reasonable needs of the public or that the person operating Ùle 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 JJ'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. FN 1. Perhaps they believe the issue fully answered by our decision in City of Mount Dora v, iI'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 ~. City of Jacksonville, (Fla. App. 1 Dist. 19¥ *1156 564 So.2d 1156 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. 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 ., 268IX Public Improvements 268IX(A) Power to Make Improvements or Grant Aid Therefor 2681<270 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 2681<271 Water supply. [See headnote text below] WATERS AND WATER COURSES ~194 405 4051X Public Water Supply 4051X(A) Domestic and Municipal Purposes Page 1 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 afflrm the summary final 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 fIled 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. 19~ stations and other works and projects were constructed pur~uant to this agreement. On September 26, 1988, after its initial complaint had survived a motion to dismiss by the City, Ortega f1led 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 oilly 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, I 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 oilly system capable t9 serve and there is no other utility in the distant area 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 Page 2 company consents to such construction. Ortega urges that the trial court erred in granting the City's motion for summary judgment based upon erroneous fmdings 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 oilly 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 defmition of that term but rather in that phrase's referent, i.e., 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 - . '-" """'" 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'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 Å-l. L2. " )G3. L4. Ls. A6. ì< 7. -X-a. A9. Llo. UTILPROV.I - v .""" SPECIAL CONDITIONS Applicant agrees that in case ,of future'damage (test of t~e) to the ROW or pavement due. to ·th~ subject instailationr the applicant shall 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 bef9re, during or after any future ROW, drainage or roadway improvements ,are implemented shall be borne solely by the applicant. Including but not limited to removal, relocation, manholes a<iijustments, etc. .: Al~ work within. right-of-way shall be done..):!-F I ~-s PM unle~s otherwise appröved by the County Engineer. Traffic control shall cdnform 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~d during operation between the hours of 7:00, 'A.M. and 6:00 P.M. Any partial or comþlete lane closures shall be requested in writing, along- with an accompanying traffic detour plan for review,to th~ County Engineer seven (7) working days prior to requested closUre.. AIly 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 S 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. & ~or~ installations shall be d;one. per FDOT specifications.' Casings under the travelway shall extend a m~n;mum a~ beyond the edge of the travelway. Driveways; roadways. and or sidewalks shall be restored per the detail approved on the plans. I One (I) set. of oertified record, drawings shall be submitted to this office immediately upon' completion of subject µtility installation. 5!17: 2. tJF /1 - ,~\ I \ 2300 ST. ¡WUC, ' COUNTY ENGINEERING DIVIf---,ª 'It l.'; Î 0 ï IA AVE. ~nd LOOR. FT. PIERCE FL~982 ~ THE FOLLOWING INFORMATION SHALL BE PROVIDED BY THE APPLICANT: ------------------------------------------------------------------- (Type or' print) Name of Applicant PORT ST. LUCIE UTILITY SYSTEMS' -, phone ~itëti~.Ð NO\l 'Q 6 \iQa Mailing Address 250 NW COUNTRY CLUB DRIVE, PORT ST. .LUCIE, FL 349B6 , As the Applicant, we request permission to., construct, operate and maintain MIDWAY ROAD TRANSMISSION MAIN AS INDICATED ON ACCOMPANYING CONSTRUCTION PLANS ,,(~ (ut lJ.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 ì 'fhe proposed installation is shown on the attached sketch(s) on 8-1/2"x14" or smaller paper which reflects its location and character and details the aspects of sarne that will disturb County maintained improvements (hereinafter referred to as "Improvementsll). We shall commence actual const~uction of the permitted installation within 45* days of permit issuance and complete sarne within 90 days thereof. Special conditiona involved with this inatal~ation are as follows: ALL RIGHT OF WAY WILL BE SODDED 'OR UP6,N FDEP GENERAL UNLESS NOTED OTHERWISE PER M I T' I S SUA N C E Our proceeding with installation of work covered by this permit indicates our agreement to'comply with the IIConditions of Drainage and utility Permitll and other provisions stipulated herein by the County. APP1J.~·C t POR:J;---.:\.T.~ LUc'IE UTILITY SYSTEMS ~ u- ' \ By R L. BASHAM, P.E., P.L.S. Date 'OCTOBER 4, ·1995 . '. Title ASSISTANT DIREC~OR ----------------------------------------------------------------- THE FOLLOWING TO BE COMPLETED BY THE COUNT~. Improvements are planned ) Yes ( ) No proposed installati specifications. Reviewed by or in procesa on aforeatated ~ights-of-Way in accordance with Revi~ed Standard ( ) No 11,-. '1--'15' Date County Director .. The aforestated installation construction is hereby, permitted under the following provisions: '-'" . . . . BOARD OF COUNTY COHNISSIONERS, ST. LUCIE BY COUNTY ENGINEER - ENFORCING OFFICIAL BY ~W ~~ COU1~TY I FLORIDA DATE, 11/~s See reverae aide for II conditions' o~ ~~~.e. ,and Utility Permitll. f\ i '\ ,'I} ~', \' 1 II NOV 81~';\\~\·· Permit N9~ 95- '19 A .' \~,~. i ._ :t.~ \ t ~ " \ T(~i.:~,;;:~'ì:~~;~;.:~Ò;i\V1~¿[S¡ ';,: " , \..._..:--:.=-...:.._,.......-.--....~---" . I '.' . S' hi/: I I {)p II APPENDI?, .. CONDITIV úl~ ,pRAINAGE A. ..uITY JRt-fr.ï . I The Applicant declares that prior. to· filing this application, ·he/she has t~hl ~ ascertained the location of exist1ng utilities that would be affected b~ proposed installation and (2) notified such affected utility owners in wr1t!ng regarding same, and (3) correlated the proposed installation with owners of such utilities and determined that the proposed installation can be made without detriment to such existing utilities. If granted a per~t for construction af proposed installation on County Rights-of-Way, the Applicant ag;:ees to the 'following: 1. Safetv _ All construction work shall comply with the safety provisions of all Federal, state and local laws. 5. Traffic control Measures shall be provided during constructio~. in accordance with the Florida D.O.T. Manual on Traffic Controls and Safe practices. Traffic shall be maintained to the degree required by the County Engineer. To Save Harmless the Board of County Commissioners and each and every member thereof from the payment of any compensation or damages resulting from the exercise of rights and privileges herein granted. In the event thà Modification OP Re air of the Im rovements on afore stated County ROW becomes necessary, to promptly move/remove the installation permitted herein, as requested by the Board of County Commissioners of st. Lµcie County, FL, at no cost to the County. Removal of Installation - In the case of noncompliance with the requirements stated herein, the installation permitted herein will be promptly brought into compliance or removed from County ROW by Applicant at no cost to the ;~ounty. ' I ' Repair of Improvements by Permittee - Applicant agrees to promptly repair any damage/injury to improvements on County ROW caused by reason of the exercise of rights and privileges herein granted, restoring same to a condition equal to that which existed immediately prior to the infliction of such damage or injury in a manner satisfactory to the County. Permit Life _ If this permit is granted~ it shall be in perpetuity subject¡ to termination by the County in the event that improvements on aforestate¿ County ROW are to be çonstructed/reoonstructed, or in the event that such ROW shall be closed, abandoned, vacated or discontinued. The Attached Sketches) covering details of the permitted installation shall be made a part of this permit. Notification to County Engineer - ~he 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 bein'g shut down until proper procedure has been veri~ied. 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. 2. 3. 4 . 6. , 7 . 8. 9. 10. , 3. 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. 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. ' ' Ft. pierce Farms Drainaqe District - may have sufficient interest in the crossing c;>~ ,C,anals 14, 15, 16 ~nd ~7 and a permit from them may be required. Applicant shall assume responsJ.bilJ.ty for the satisfactory operation of these canals to the extent that adjacent property owners do not 'suffer unusual hardship. ,J:;-: 11. 12. 14~ Other Entities - Thii permit in no way waives the authority and/or juriàdiction of any other governmental entity. .......... ..... ~ ...... ...... -..-.. .. - " '-'AGENDA REQUEST I~ NO. U/j DATE: July 13, 1999 REGULAR rX] PUBLIC HEARING [ ] CONSENT [. T6: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 1999 Economic Development Exemption Application - Estumkeda, Ltd. d/b / a Micco Aircraft Company BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board: (1) accept the report of the Property Appraiser; and, (2) grant permission to advertise Ordinance No. 99-13 for a public hearing for July 27, 1999 at 9:00 a.m., a day meeting. COMMISSION ACTION: [~OVED [] DENIED [ ] OTHER: E: Anderson Administrator County Attorney: Øl Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 , '-' -....II INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-255 DATE: July 8, 1999 SUBJECT: 1999 Economic Development Exemption Application - Estumkeda, Ltd. d/b/a Micco Aircraft Company ------------------------------------------- ------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No.92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance was adopted subject to a referendum held on November 3, 1992, which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20, 1992, establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by Estumkeda, Ltd. d/b/a Micco Aircraft Company (Micco). As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. Attached to this memorandum is a copy of a memorandum dated June 28, 1999 containing the comments and findings of the Property Appraiser. As the memorandum states, Micco submitted the required information and met the statutory definition of a new business. The Property Appraiser's estimate of the taxable value (personal property) lost to the County if the exemption is granted is $581,920.00. The application reflects 51 St. Lucie County residents to be employed by Micco Aircraft. Under the property tax eligibility chart, it appears that Micco Aircraft would receive a 9 year exemption, phased as follows: Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 100% 90% 80% 70% 60% 50% 40% 30% 20% '-" ...., Also attached is a copy of draft Ordinance No. 99-13 which, if adopted, would grant Micco Aircraft Company an economic ad valorem tax exemption for a period of nine (9) years. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board: (1 ) Accept the report of the Property Appraiser; and, .")! (2) Grant permission to advertise Ordinance No. 99-13 for a public hearing on July 27, 1999, at 9:00 a.m., a day meeting. DSM/caf Attachments ~ s ..... - '-' ..." ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION, WITH SUCH PROPERTY¡ PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION , I WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VII of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: btruck through passages are deleted. added. Underlined passages are 1 ~l-rjc.... CD 1-',0 Of-':þ o CD ::s Ii ::s P-ZCD ~e:I: ,,!Yo ro..... o~~ ..... :;3 I .,¡ t;~n I ~,..... 1.0 LV CD Wtv~ 010 ~~H1 "MrT UlW:T ~O\CD :Þ n . 1-" ::š: Ii . 0 o¡:: ~¡-¡. rT tI:J on 00 ~¡:: Ii rT 01 Q){J) tv~';i W~ ¡:: o ¡-¡. 'CICD :Þ G)() triO ¡:: ::s tvQ" 0\ o o ... .,¡.' r ..-....-. '-' """" PART A. AMEND~NT OF CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as . , 'I follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS ¡ I Section 1-19.3-51. Short Title. ... This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida." Section 1-19.3-52. ' Enactment and Authoritv. Pursuant to Section 3, Article VII of the State Constitution and in accordance with Cha?ters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question in a referendum, authorize the adoption of such ordinance. Struck through passages are deleted. added. Underlined passages are 2 o ::d IJ::I o o ~ o CO tv W '"ó :Þ ø tr1 tv 0\ o ~ " .......~.. ~ i~'1.,'!1 'I\,; \~ '-" .."" ,Section 1-19.3-53. Jurisdiction. The area sub'ect to this Ordinance shall be incor orated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order( - , I I convenience and eneral welfare re uire the harmonious orderl and ro ressive develo ment of new business and ex ansion of existin business within Florida and its incor orated munici alities and counties. In furtherance of this qeneral purpose counties by Cha ters 125 163 192 196 and 214 Florida Statutes and Florida De artment of Revenue Rules - I Cha ter 12D-7 Florida Administrative Code are authorized and em owered to ado t amend or revise and enforce measures relatinq to economic develoµment ad valorem tax exem tions for new business and ex ansion of existin business. It is the intent' of this Ordinance to secure or to ensure: .L. criteria for qrantinq such on a rational nonarbitrarv by the Board of County ~ No recedent shall of ~ ranted shall a one hundred im rovements or for the use of a new-business of such new business of the assessed value Struck through passages are deleted. added. Underlined passages are 3 o :tJ tJj o o ~ o Q) tv W '"C1 :Þ ø tI1 tv en o tv , , I , ,.,¡' p.'~:; ~-;;:}::;·~\t( ~ '-" ....,¡ of .L.. tion shall be u to a full ten time the exemption is qranted. eriod .2..:. No exem tlon shall be ranted on the land which new or expanded businesses are to be located. h No ex em tion shall be ranted on school or water mana ement district taxes or on taxes levied for a ent of bonds or taxes authorized a vote of the electors of the Count ursuant to Sections 9 or 12 Article VII of the State Constitution. Section 1-19.3-55. Definition of Terms. The followin words hrases and terms shall have the same ~ meanin s attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: .h A licant - An erson or cor oration submi ttin an Economic Development Ad Valorem Tax Exemption application to the Board. ~ ~ Board - The St. Lucie County Board of Commissioners. Business Any activity enqaqed in by any person, cor oration or com an wi th the ob' ect of rivate or ain benefit or advanta e either direct or indirect. 3.1 New Business _ h A business establishinq 10 or more iobs to employ 10 or more full-time employees in this County, which manufactures, processes, Struok through passages are deleted. added. Underlined passages are 4 o ~ tJ: o o ~ o Q) tv W 'U :Þ GJ tI:I tv m o w i: '-" ....,¡ com{)ounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturing plant: h A business establishinq 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined ,by s. 220.15 (5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than '0.50 for each year the eXaIn{)tion is claimed. No business enqaged in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b: or ~ An office space in this state owned and used by a corporation newly domiciled in this County: provided such office space houses 50 or full-time more employees of such corporation: provided that such business or office ,first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Struck through passages are deleted. added. Underlined passages are 5 o ~ OJ o o :A: o ()) tv W '1j :Þ ø ["I: tv 0'\ o ~ · , , 3.2 ..:.!l.r ";¡ . ,. : ~~ ii:~~: k. ~ ....,. fh. An business located in an area desi nated enter rise zone that first be eration on a site clearly separate from any other commercial or industrial operation owned by the same business. Expansion of Existinq Business ~ A business establishinq 10 or more iobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale , I items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant: or ~ An business establishin 25 or more 'obs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15(5), Florida Statutes, for the, facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resultinq in a net increase in employment of not less than 10 percent or Struck through passages are deleted. added. Underlined passages are 6 o ~ IJj o o ~ o 00 N W '1:1 :Þ C) tIj N 0\ o 01 . .", -;,¡: .... - ~.,:.:':}¡\~ J: '-" ,..., than 10 percent. an increase in productive output of not less No business enqaqed in eliqible for an exemption pursuant to this retail operations as defined herein shall be subsection b. o ::ö [)j o o ~ . I ~ An business located in an enter rise zone that increases operations on a site colocated with o ();) l\J W the same business. a commercial or industrial operation owned by ~ Business enqaqed in retail operations _ a business . I en a ed in a sale to a consumer or to an e~son of '1::J :Þ G) M an item of tanqible personal property for any l\J 0\ o 0\ ~ De artment - The Florida De artment of Revenue. purposes other than for resale. ~ rm rovements - Ph sical chan es made to raw land and All structures placed on or under the land surface. ersonal to facilitate an ex ansion of an existin business rovided that the ;1 ersonal is added or increased on or after the da the ordinance is ado ted. However ersonal ;1 uired to re lace existin shall not be considered to facilitate a businesses expansion. ~ Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinq the Struck through passages are deleted. added. Underlined passages are 7 ,,:·.·~;f~;~ - ':'i. ~fi.;.:.',·;.· ': '-'" '-' taxable eriod and the denominator of which is the total sales of the taxpaYer everYWhere durinq the taxable eriod. See Section 220.15 5 Florida Statutes for specifics of computation). Section 1-19.3-56. General. , , I The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or business which ma be ranted or refused at the sole discretion of the Board. To a 1 for such an exem tion a business locatin in the cor orated or unincor orated area of St. Lucie Count must file an a lication , I Florida De artment of Revenue Form DR-418.. _ See Attachment 1) with the Board. Satisfactor roof that the business meets the criteria for exem tion as a new business or ex ansion of an existin business as defined b this Ordinance must lication. The A lication shall be filed on or before 1 March of the year in which an exemption is requested. Exem tion from Count ranted b the Board. ranted under this Ordinance shall not accrue to im rovements to real made b or for the use of new or ex businesses when such im rovements have been included on the tax rolls rior to the referendum authorizin this Ordinance. Section 1-19.3-57. Procedure. to Before the Board acts on an application, it must be submitted raiser for review. After careful consideration 'struck through passages are deleted. added. Underlined passages are 8 o ~ tn o o ~ o Q) tv W 't; :Þ ø tr1 tv '" o ~ · ;iJ~';i;'~:!'~:i '~···:'.h':å;h·'· --:' .' r¡!'1 "',',¡i·:".i, '-" ...., the raiser shall re ort to the Board concernin the fiscal impact of qrantinq exemptions. The raiser's Re ort shall include the followin : .L.. The total revenue available to the County for the current fiscal year from ad valorem tax sources. 1..:.. The amount of revenue fore one b the Count for the current fiscal ear because of economic develo ment ad valorem tax exemptions previous Iv qranted~ .h L.. revenue which would be ear if the exem tion is business. the After consideration of the report of the Property Appraiserc Board ma choose to ado t an Ordinance the tax exem tion to a business. The Ordinance shall be ado ted in the same manner as an other ordinance of the Count . The Ordinance shall include the followinq inforrnation¡ .L.. The name and address of the new or expandinq business. 1..:.. The amount of revenue available from ad valorem tax sources for the current fiscal ear revenue fore one for the current fiscal ear because of economic develo ment ad valorem tax exem tions currentl. in effect and the amount of estimated revenue which '..:ould be foreqone because of the exem tion ranted to tho new or ex andin business. .h The ex iration date of the from date of Board ado tion exemptionj L.. A findin that the business meets the definition of a new business or an expansion of an existinq business. £truc)e througa passages are deleted. added. Underlined passages are 9 o ~ to o o ~ o (X) tv W '11 :Þ G) tT1 tv 0\ o Q) .; . '':1' .:~.. : . -~~:~; þ~ ~i ~ ..., ~ The Board's authori tv to revoke an exemption if the business no Ion er satisfies the criteria for the exemption. Section 1-19.3-58. Fees. Fees char ed to offset the cost of rocessin the Economic Develo ment Ad Valorem Tax lication or an , J Ordinance shall be adopted bv the Board bv resolution. Section 1-19.3-59. E1iqib1e Business or Industrv. An business or industr as defined in Section 1-19.3-55 Para ra h 3.1 and 3.2 that does not as an ineli ible business or industry as defined in Section 1-19.3-60. When considerinq the issue' ~f whether or not a busin.ess or industr is an eli ible business as defined herein the Board shall consider the anticipated number of employees, averaqe waqe, type of industr or business environmental im acts volume of business or roduction or an other information· relatin to the issue of whether the ro osed develo ment would si nificantl rove economic develo ment in St. Lucie Count rior to acce the Economic Develo ment Ad Valorem Tax Exem lication. The criteria for determininq the lenqth of an exemption and the e amount of an exem be formulated b the Board b resolution. The criteria shall rovide for incentives for businesses that ern 10 St. Lucie Count residents who establish ermanent domicile ursuant to Florida Statutes. Struck through passages are deleted. added. Underlined passages are 10 ~ o ::ö t):j o o ~ o Q) tv W 'U ;Þ ø tI1 tv 0\ o \D · ~ t:.. _ ¡: , : ~ . '-" """" . Section 1-19.3-60. Ineliqible Business or Industry. An business or industr in violation of an federal state or local law or re ulation environmental matters such as air, water, and noise pollution. , , I Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exem tion to a articular business or industr is 'udicial review ursuant to the Florida Rules of Appellate Procedure. , I Section 1-19.3-62 - 1-19.3-70. Reserved. .. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative¡ or void¡ such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struok through passages are deleted. added. Underlined passages are 11 o ::a tó o o :A: o OJ tv W '"d :Þ G) tx1 tv 0\ -1 o '-" ""'" PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. , , This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: , I Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ""ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. Struck through passages are deleted. added. Underlined passages are 12 o ::ú tJ: o o ~ o Q) tv W '1j :Þ G) trJ ~ 0\ ¡.J ¡.J - .. H. . .'_. ~ ...." , , PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSIP~J!:RS'\~ ST. LUCIE COUNTY, FLORIDÄ. '. ~ . ....",~ ~.....I, -- " ..~ '¡ CHAI RMAN', _ , . . ,.., ;, \ , ! r :.- ] " I C-',_, l.' ,".' .. :';'. l~ ~ .: . Struck through passages are deleted. added. Underlined passages are 13 " o ::d OJ o o ~ o 00 N W "d :Þ G) trJ N 0\ -I N . .... DR-4't N.12/'C ECO;-";O ')EVELOPMENT AD VALOREM T.·V XDfPTION ~ CI1;¡rter 196. Florida Statutes To þ. flied 'tIW'lth the Bo.rd of County Commiuionen, the governing board of the municipality. or both, no I~ter thin March 1 of tne year the ...dmpUon I, aellr"d to 'aka effect. 1. BUlin... Name and Mallin, Addresl: 2. Ple..e glYe name and lelePhone number of Owner or Penon In Charge of Ihll buslne..: Name Telephone Number u ::t:J txJ o o ~ J. Exacl Locallon (Legal Descrlpllon ano Slreel Aaaress) of Propeny for which Ihlo relurn Is fllea: 4. Date you began, or will begin, bu.lne.. al this faclllly: 5. a. Description of the improvemenl. 10 real property for which thl. exemption 10 requested: o W N W 6. b. a. Dale of commencement of construction of Improvements: De.crlpllon of the tangible personal property for which this exempllon 10 requestea and aate when property was, or Is to be, purchasea: TAXPAYER'S 't :Þ ESTIMATE ~ OF TAXPAYER'S c APPRAISER'S tyj DATE CONDITION ESTIMATE OF 0 OF ORIGINAL ~ .. FAIR MARKET .., USE ONLY N CLASS OR ITEM AGE PURCHASE COST 0 .;.. 0 VALUE c 0 > 0 0 ... .. .. ~ I I VI i -I I W , , i I I I I b. Ayerage Value of Inventory on hana: Co Any additional penonal property not listed above for which an exemption 10 claimea must be returned on form DR-405 (Tangible Penonal Property Tax Return) and a copy attached to this form. 7. Do you desire exemptloh as a "New Business" 0 or as an "Expansion of an Existing Business" 0 .. Describe the Type or Nature of Your Buslne..: t_ Traae Level (Check as many as apply): Retail 0 Wholesale 0 Manufacturing 0 Profes.ional 0 Service 0 Office 0 Olher 0 to. a. Þ. Number of full-time employee. 10 be employea in Floriaa If an expansion of an existing business: (1) Net Incruse In Employmenl or "" C~) Increase In prooucttve output result,nc: trom this expan,ion 1 \, ¡'ales !lctor tor the taclllty requesting exemPtion: Total III.. !n Florlaa from this facility-One (1) location only .... aivlaea by Tolal Illes everywhere from this facillty.One (1) locallon only 12. For office space ownea ana una by a corporation newly aomicllea In Floriaa: 0/. a, Date of Incorporation In Florida: ~. Number of Full-time employees al this location: \.3. If requ..tlng an exemption aue to 10c31lon In a slum or blighted aru, please furnish such aadltlonal intormatlon IS requlrea by the County Commission, City Commission, or Propeny Appraiser. I hereby request the aaoptlon of an ordinance granting an exemption from aa valorem taxation on the above property pursuant to Section 196.1995, Florida Statute,. I a9ree to furnish such other rusonable Information IS the Boara of County Commlssionen. the governing authority of the municipallly, or the Prop- ~,. Appraiser may request In regard to the exemption requestea herein. I hereby certify that the information ana valuation statea above by me I' t",e, cOlTect, ""d complete to the best of my knoWlea,e ana belief, (If prepared by someone other than the taxpayer. his aeclaratlon i, basea on all Information of which he III.. any knowleage.) DATE: SIGNED: (Preparer) SIGNED: fTu:payer) (Preparer', Addre,,) TITLE: (Preparer', Telephone N um be r) PROPERTY APPRAISER'S USE ONLY l.. Teta' revenue available to the county or municipality f:Jr the current fiscal year from act valorem tlX sources: U. Re.,enue,lost to the count)' or or municipality for the current fiscal year by virtue of exemPtions previously granted under this section: ns. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the Þ..eperty for which the exemption h reQuested otherwise been subject to taxation: tv. Estimate of the taxable value los' to tne county or municipality if the exemption ¡pplied for were granted: , Mnprovemenh to real property , "ave øetermined th¡t the property IIS!.!,.d .aboye meets "'-!"kP1rnsion of an Exhtin9 BUJlneu ~ . or Neither \01. Personal Property the definition. as defined by Section 196.012(14) or (1 S). Florida Statutes, ,u ¡ New Busineu O. u. VI. L.ut year for whiCh exemption m.1y DC aoolied ÐATE, SIGNED, ",....,..r··. "'rr ~-... OR BOOK 0823 PAGE '-'" 2614 ;; ··f· ..."" Undcr the consitution;¡1 Jmendment pJss~d by the voters of Florida on October 7. 1980. tax exemptions can [1(' gTJnted to new :lnt.! expJndin~ businesses only Jfter the Voters of a city and/or county vote in ;¡ referendum to a1Iow exemptIons lOr thJt cIty or counry. St:ction 196.1995, Florid¡¡ Statutes. requires that a referendum be held if: (I) nh' BOJrd of Counl~' Commissioners or governing authority of a municipality (city or county commission) votes to hok such a referendum. or (~) If the county or city commission receives a petition signed by ten percent of the registere.¡ voters of the county or city. nüs referendum question can then be placed before the voters of a city or county at any regular ejection or special election called for voting on the tax incentive referendum or for any othcf purpose. If the voters authorize exemptions, a company must first meet the definitions of a new or expanding business' New Business la) A manufacturer which establishes ten or more full-time jobs. (b) A business with more than 507r. of its sales outside the State of Florida which establishes 25 or more jobs. I , (c) Office S 1Jce of a new Florida corporation housing 50 or more full-time employees of the corpe,- ration. (The above are applicable if the business is on a site clearly separate from any, other facility owned by t!H same company.) (d) Any business located in a slum or blighted area as defined by Section 163.355. Florida Statutes. EXPJnsion of an Existin!! Business (a) A manufacturer that aåds a minimum of ten new employees and increases employment by I O'fr m increases productive output [lY a minimum of 107('. (b) A business with more than 50% of its sales outside the State that adds a minimum of ~5 newer.:- ployees and increases employment by 10% or increases producIive output by a minimum of 10''-,. The expansion must be on the same or a colocated site of the business' current operations. U a business meets one of the above definitions as a new or expanding business. it must then file this applica- t-ion with the county or city commission or both. After the city or county commission receives this application. it must submit the applkation to the count: property appraiser for review. After the property appraiser makes the report as to the fiscal impact of granting the exemption, the county or city commission shall then adopt an ordinance in the usual manner-granting the exemption, if it chooses to do so. A business cannot receive exemption from school taxes or water management district taxes. Also. a business must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies authorized by the voters of a city or county. The exemption can only be for the improvements to the real property and for tangible personal property. The bnd,on which the new or expanding business is tobe located will still be taxed an(! I:"~ 'S must be paid on it. '. The action taken by a city or COUnty commission can only exempt the taxes paJo to that govèrnmental bouy. A city c:m only exempt its taxes; a county can only exempt its taxes. All other taxes must be paid. This exemption shall first apply to the] 981 assessment rolls. 'ection 16:1.340(7). Florida Statules, "Slum .rel" means an area in wniCh there is a pre. ocmlnance of buildings or imDrovemenu. whet"er residential or nonresioential, which by reason 01 dllapiaation. aeterloration. 'ge or oDsolescenance InaaeQuale provloion tor ventila. hon. IigM, air, sanitation, or open spaces, ni!ln oenslty of populalion and overcrowdIng. Ine ex. Istence 01 condition!. Whltn enoanqer lite. or pro. Pt"r~y (J'j tHe 0' 01ner CðUSt:~. r;r "n., comOtn. at:':In C"" Sl!Ci. tac~or!. 'I~ c.oncuclve \0 ill neE:l1r., tran5mlBlon 01 OIs.eaSt, In1an~ ",anal¡¡y. JuvenilE' aellnQUency. or crime ana is detrimental to the PUblic health, safety, morals or welfare. Þ) "Blighted area" means an area In Wf\iCh tnere are a sUDstantial numDer of ~Ium, aeleri. oratea, or aelerioratlng ~truct ure~ ana cOnditions .nicn enaanger lile or property Dy lire or otner ~U6es or one or more of the fQUOwinç factors wtllCh sUDslantiallY Impairs or arreSls Ine sound çrowtn 01 d county or municiDality and is a menace to the PUOlic health, safety, morils, or ...elfare In 115 present condition and use: 6,a) Preoominance of detective Or inaccQua\e $t reet layou\; IÐ) Faulty 101 layout in relation to ,ize. ad, eQuacy, accessibility or usefulness, 1&) Unsanitary or unsafe conditions, crt) Deterioration of site or Olner Improve. Inents; (eJ Tax or special a,sessmenl delinquency ex. lUeding Ihe lair value of tne land, and ff) Diversity at ownersrdp or aefective or un- usual conaltlons of tille wnicn :>revenl' tne tree f·henabilicy of land witnin the oeteriorilced or 'UlaraOU!I area. SeClion 196.011(1), Floriaa Slalule. . Failure to m.~e ;';:Iollc.;tlon bj.' MarCh) of any Vtar Shall consJtiute a waJver of the exemption fOl tnat year. Socllon 196.012(14) .na (15). Florida Slalule., 14(a) "New Duslne~s" means: fI) Ii< DUSlness eSlaDlisnlng 10 or more 10DS to employ 10 or more full'lime emPloyees in F~or Qa. whicn Inanufae\ures. processes. com- p.ouna~. tabriCatcs, or Plo(juces for sale items of tëH1910lc personal property at a lixcc IOCtlll011 and whlen comprlse!l an Inaustoal or nlanulaClurin9 P1anl; or GENERAL INFORMA TIO~ STATUTORY DEFINITIONS (2) Any Dusiness eSUÞlisning 2~ or more 10DS to employ 25 or mo.e fUII·time employees in Florio;" tne ~ales factor of wnicn. fitS aehneo oy s, 2]4.71 (3). for tne facilllY wiln respect 10 wnich It reQuests an economic aevelopment aa valorem tax exemPtioN Is less tnan 0.50 for eacn year tne exempllon Is clalmea; or (3) Any off,ce space in Florida owned ana used ova corporation newly DomlcueD In F-IOrlOël Provloeo ~ucn n111ce :'D3CE noUSt"!. 50 or mor~' tullTlmt' I;'MOlov~e~ (}1 suer. corDora'lo~: '",ovle. ec tnot ~uen bL.:Slness Or oj'lce 1H5t De9ln~ OPt:J' ation on ð Site clearly separate from an\' otner commercial or indust riaJ operations owned by the same bUSiness. (d) Any Dusiness located In an area aesignalea a slum or DlIgnlea area pur~uant 10 5.163.355. For tne purpose of this section, tne terms slum area or Dlignted area snail nave tne same meaning as in 5.163.340(7) ano (8). (1~) "Expansion of an existing Dusiness" means: fa) A Ouslness eSlaDlisning ]0 or more ¡ODS to emPloy 10 or more fulI'lime employees in Florlaa, wnleh manufactures, processes. Com- pounas, fabricates, or prOduces for sale items at langlDle personal property al a flxea lOCation ano which comprises an ¡naustrial or mdln ufaCt. urlng Planl, or (D) Any Dusiness estaDlisnlng 2~ or more JODs 10 emPlOY 2 ~ or more full'llme employees in Florida, wno~e sales faclor as oeflnea Dy s. 214.71 (3) for tne facilily wifh resPeCI 10 whlcn it requests an economic development ao valorem tax exemPtion is less than 0.50 for ,,"cn year Ine exemption is claimed; Provideø thai sucn business increases ooeratlons on a sltt' colocated wltn a cornmerclal or Indust. rial opera lion owned by tne same busineu, re. suiting in &I net Increase In employment 01 not less Ihan lO percent or an increase in pro~uctl'...t OUIPuI of nol less Inan ]0 percen\. Section 21<:.71(3). Fforida Statutes· Sales Faclor (3) Tne sales ¡actor is a Iraclion Ine numer. alor 01 whicn is tne lotal sales ot tne taxpayer in tnls Slale auring Ine laxaDle year Or period and the at:nomlOator of which IS the tOlal sales at tne taxpayer everywhere during the \axaCle year at period. la)l. Sales of tangiDle personal property are in tnl~ st.at~ if tne property IS (jellvered Or ship- ped 10 a ourcna..r wilnln tnis stlte, regardless of tne f.o.o, polnl or other conditions ot tne sale. 2. Wt1en citrus fruit is delivered by . cooper. atlve for a grower-member. by . grower.memClc' 10 a cooperative, or Dy a grower-participanl 10 a Florida processor, tne sales lactor lor sucn grow. ers for sucn citrus fruit delivered to sucn proces. ~or snail De tn. same as Ine ~ales laclor for In~ mOSt recent taxable year of tnat processor. ïn¿¡~ salE'!. 'aCtol, eXDressec onlY liS a Pt:rcentaoe an:- n01 tn 'f"'rms 01 "1Po aollar vOlum~ 01 Sill':;:L ~o ~ to Plotect tne confloentlallty 01 the sates at tnt. processor. sha.ll be turnistlea on the reou~t ot sucn a grower promptly a fler II nas Deen aeler. mlnea for tnal laleaDle year. 3. Relmbursemenl of elepenses unaer an agency contract bel ween a cooperative, a grower-memo ber of a cooperative. or a grower and a pr~':esscl will nol De deemea a sale wltnin tne stale. (D) Sales of a financIal organization, including, Dut nol limltea 10, Danking ana savings innit\;. 1Ions., investment companies. real estate invest. ment IruSIS. ana Drokerage companies. shali De ,n Inis stale If oerived from: 1. Fees, commissions, or other compensation for financial $ervices renOl!red within this stat~: 2. Gross profilS from trading in stOCk.. DO"~' or olner ~ecurllles managea wllhln tn.. Slate, 3. 'nterest and divldenos received witnin tnh slale; 4. Inlere't cnargeCl 10 customers al places c' buslneu malnt.ained within this stale 'or c.arryin! debit balances. of margin accounts, wltnout Of'. auction of any costs ¡ncurrea In Carrying SUCh a.;. counts; ana 5. Any other 9ross Incorn~ re\uftlng 'ro..-. U",(' operatlnn as &I 'Inanclal organlzalion within tnl!l Slale, In computinç Ine arl)ounts referrea 10 In InlSi lJ.aragrapr., any amount reCelveoJ t:;',i g menltJel O' ... a1flllalec group (aeterminea unaer s. 1504 a of toe Internal Renenue Cooe, ·but YlithOut reo ference to Wl1etner any ¡ucn corporation IS an "lncludaDle corporallon" unoer s. 1504(D) 01 ~no Internal Revenue COde) from another memDt'r {"\~ $UCn group snail be InCludCO only \0 the c^:cn~ SUCh amount exceeas expenses. at tne reciPient airectly relalea Inerelo, 009Z £Z80 3ÐVd }laos HO 11111111111111111111111111111111111111111111111111 ~ J Douglas DixonJ r'~rk of the Circuit Court '~Lucie County Fi Ie Number: J, ~ 1 7 1 7 OR BOOK O..~ 3 PAGE 03 5 7 Recorded: 10-27-""'2 02: 43 P. M. RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 8, 1992, this Board adopted Resolution 92- 175 which implemented the provisions of Section 196.1995, Florida Statutes which authorized the Board of County Commissioners the authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 is contingent on a majority vote in the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 ¡ '-" ...." hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; c) The amount of capital investment purchased by the new or expanding business; d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted; e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 o ::0 to o o :;x:: o 00 f-' W '1:J ;Þ CJ tT1 o W lJ1 00 ...... ....,¡ After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. ATTEST: . BOARD OF COUNTY COMMIS$-IONERS' ; ST. LUCIE COUNTY, FL~~IDA; ~~.. By: Chairman .:. . " -/.1 '-<>' .! I '¡' >, "'. Iii, , APPROVED AS TO FORM AND ' co~cnss:, () ¿fAlJt~ County Attorn'þy / // ~.../' -.- l/;f~~~~ D1»t[~~·~f,~~.~~~ ~ { "';." ~.- ~~. , ".~,. .~ .(.r: . '" ..~ II,." " ':."..),.. ~, f./ÇJl 7::.;;;?I«S·> \,?;;"~ ~!" j 1I'1, ..-' ":'.1 ~ ·...~,M ~t:,,~:<;\;~'s\:l:¡ ·}:r, (./r·,......III.~\.... ~* .i\~~~, :..;~'~;~~., ¡::.:._;, \ 3 o :::c tJ: o o ?': o CO -I W 'U > C) trI o lù U1 \0 V' ...", PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number of years) NUMBER OF STANDARD 60% SLC 80% SLC EMPLOYEES EXEMPTION RESIDENTS RESIDENTS 10 - 24 5" 6 7 25 - 49 6 7 8 50 - 99 7 8 9 100 - 199 8 9 10 200 + (DISCRETION OF COMMISSION) .. Less than five (5) years is left to the discretion of the Board. "EXHIBIT A" o :;t tJ:t o o ::<: o 00 ~ lù '¡j :Þ CJ tr:1 o W 0' o - , I ~ ~ :z: lIS Q OUj Þ1 I-I~ ts 'H (5C1 0 Þ<~ ~ ~= Q tJ ~ ~Uj ::s E-4E-4 = :J - ~O ~ E-4~ E-4 ø::Uj 1-1 æ~ ..:¡ 1-1 0ø.. ~ ø:: 1-1 ø.. ~ 1-1 ..:¡ ~ ... ~ ....,¡ dP dP dP dP dP dP dP dP dP dP dP 0 0 0 0 0 0 0 0 0 0 0 0 ,...¡ 0 0'1 CO r- ~ I/) q< M N ,...¡ ,...¡ dP dP dP dP dP dP dP dP dP dP 0 0 0 0 0 0 0 0 0 0 0'1 0 0'1 CO r- 1.0 I/) ~ M N ,...¡ dP dP dP dP dP dP dP dP dP 0 0 0 0 0 0 0 0 0 CO 0 0'1 CO r- 1.0 I/) """ N ,...¡ dP dP dP dP dP dP dP dP 0 0 0 0 0 0 0 0 r- 0 0'1 CO r- 1.0 q< N ,...¡ dP dP dP dP dP dP dP 0 0 0 0 0 0 0 1.0 0 0'1 CO 1.0 q< N ,...¡ dP dP dP dP dP dP 0 0 0 0 0 0 I/) 0 CO 1.0 q< N ,...¡ , I dP dP dP dP dP 0 I/) 0 I/) 0 ~ 0 l- I/) N ,...¡ dP dP dP dP 0 r- M 0 M 0 1.0 M ,...¡ dP dP dP 0 0 0 N 0 I/) ,...¡ liP liP 0 0 ,...¡ 0 ,...¡ ~ ,...¡ N M """ Lt) 1.0 r- eo 0'1 0 ,...¡ r:r..O "'*' "'*' "'*' "'*' "'*' "'*' "'*' "'*' =I*: ,...¡ ,...¡ OH "'*' "'*' 8 H H H H H H H H H ~§1 IÓ IÓ IÓ IÓ IÓ IÓ IÓ IÓ IÓ H H (l) (l) (l) (l) (l) (l) (l) (l) (l) IÓ IÓ ~rx:I ~ ~ ~ ~ ~ ~ ~ ~ ~ (l) (l) ~>: ~ ~ rx:I 0 \ \ :;0 tp 0 0 ~ 0 00 f-J W '" :Þ CJ tx1 0 W ()\ f-J ~ 8 H III H :I >: rx:I DOUGLAS S. PUtNAM PROPERTY APPRAISER · St. Lucie County 2300 Virginia Avenue · Fort Pierce, Florida · 34982-5652 "WI June 28, 1999 MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Sarah Woods, Property Appraiser's Att~ RE: MICCO AIRCRAFT ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION APPLICATION Pursuant to Section 196.1995(8), Florida Statutes, the Property Appraiser has reviewed the above referenced application. Attached to this memorandum is the application, with the Property Appraiser's section fully executed. If you have any questions, please let me know. SWW:ws eþf Telephones: 561/462-1000 . Facsimile: 561/462-1055 . SUNCOM: 259-1000 AN EQUAL OPPORTUNITY AGENCY -- H.\ 2/.0 '~ '-' ST. LUCIE CO. ATTORNEY Fax:561-462-1440 Feb 24 '99 12:36 ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Chapter 196, Florida Statutes P.02 "'0 þ, mtll wltll '", 841.,41 0' CDllnty Commml4ln'n. tll' IJvnrnln, ÞDilrcl 0' III' ",unlclp.llty. 4Ir 110111. nD I.tar Ih.n March t 0' III' ynr III' ...",pUvn I. d..lred 10 wk. '''lOt. I. .lIfI"", H.m. and ~,"III". Alld(*l,: £t; ~"'" k,t~ tl-oP. ~.£ 111/t:£O 4:... c;.,.4GrJl..J .M'·ÙtC. ":).Il..JI À r :\. f - I pI I I ~ IVT/ ,.,. ''''~A\A'.r tJv I vI!, I 1-,,,,,-, I ,~~ . I=t- ?'tf'l b 2. P'au. ,1"""""' .,,41 "1.,110'" """'", v, O~"".r "'no" lit C;htr.' O'~III' bu.I",us H,"" ¡::: D.: L,J. rr- C?. e c- r.. if-; Pv:-r. r '~.A r... T.I."IIo", NII",II.r (i"() Vt,S- 'i).,?(;, 3. ~...t L....Uon (L...., Deaorl.tlvn and Shett A.......) .f 'ro".rW for whlell till. r.lur" ,. ruldl Sz. '2.. 4. 7T74-e H "i,'> Lf ìT li II. Dat. YOII ....". 0' WIll b'.I". "lIaln... ., till. 'tellltYI \£.$' (1- ~f t.> Ls. ¡7-£12.. 5. I. Deglt,tlo" of th.I",.,.",,,,.,,,, t. ,..1 "ro".rty for wlllctl ttl.. .X.""tlDII I. r.~u.t'dl cS~£ 4-rro/+I-~ I':, 14. 7TW II. Det..f co",,,,.,,..,,,.,,, 0' 10n"'lIotlo" of Im"r.ve",ut.. ..,&.z.ç 4~ ~Ò L"'~ 5. I. D61.Ii"U.n ., the ",,,.Iltl. ,""V"., "r"".rt)' fv, wh"h '"'' .x.mlltl,,, II "'Jlu.'.ct Ind CI.t. wll." ,r."rty ~'. 0' I. to b., ,"rc~..d: UTIMATII 0' TAXPAV."" c APPRAISER'S DATil 1;0NDI'rION IUTIMATa: 0" . i 0' O"IQI~AL. .. ~ 'AIR MARK&T ~ USE ONLY CLA.lI 0" IT." AQ. ~URCHASII COST · ; g VALU. · · .. A / A)l¿7 ,1s-~ 'r')/ : .X"/' -~'/'" '~7 c./71/ '-1/ TAXPAV.A'S II. Ave,... Vtlul of I"v.,,'.ry .1\ II..,d, c. A"II ..dltlo".1 ,.n..,.1 "ro".rtv no, 11"1" .lIov. for wIIKII .n e..m,th", I. cl.lm.d mu.t b. "turn.d ." form 01'1...0. (TlnlltJl. ".nvn.1 Pr.partv T.x R.tum) and. oO,Y Itta,h.. t. "'I. 'flfm. J. 00 Y.u ....... IXI",,,"olI It a "Now 8u.I"III" tzl or a..n "ltx,on.I." 0"" I:xl.thl, .".1"..... CJ I. D_rllM tll. Tv't or Nltu... .f Y.", 8u.I"...: ",\2.~_ ~~r .), Ls~ I. T,.do Ln.1 (CllOOIC .. ",.nv .. .II"I}')I ,,,'''" Œ:I Wllol....l. ~ M''''''tetUrl''. on 'ro,..lon.1 c:J c-~90 ~~...~....... is '!r:~ S.!'ItI.. 0 Offlc. . 0 Otll" CJ I D.', Nu",IIar of 'IIII-U"" .",IM4IY- I. 1M .m,IOy.ClI" '"""hl. II. If on .xp.ntl." 0' I" axllÜ", b"II"... (I) Nit Incr.... In lI",ploym,,,t (I) Int,.., In "ro.U4fUve Oll,,"t ,..lIltlnl f,om IIIIt ,x".".lo" It. S.I.. ,..,.' fo, ,". ,ullltv ...~".tln. .x.mptlo", 'rotll..l. In 'Ioli". f,.m "'.. 'aollny.On. (t) 1..tI.n ."Iy ..=:ï.F~ 1-.s. iT; /) or t'- 0(, CllvlClad by Tolal fll.. ."'rywll.... f,om '"" 'IOIII~-oll. (1) loull.lI 0"111 I Z. 'or oHI.. .,.Ot OWIl."'". u... 1111 I oorp.ratl.n nlwly .0ml.II..I" "Iorld., . 'II. .. D.t. .f InoorporatiO/llll ,.I.rtd,1 ~.2 ~ A.. Tr:4c_~b L.Z7f~ b. Numb" of '"II.tI",. empl4IY'" .t ,,,,, ICHlltlo" I 13. If "1I,,",ln"1\ ...m,U... ... t.lotatlon In a .'um .r bll.hto.. ".., 'I.... fll,n"" 'uell .d.I,lo",II"'o""IUon as ,.qul"d bv ,". county C;vmmI6l14l", Clip Co",m"",,,. ., Pro".rtp Ap"r.I.I'. áiz.- ~ t> ~7t;! 12- 111,.11.. "IIU.t tho I.o,tl'" .f ." ...Inlno. .ralltln. ." ...",»tlon from '.11110"'''' "lIItlon V" Ih, ,110'. ,r.p'rt)' pynulftt to Sacllo" "..1.... "I.rl~. ...tut... I ..... to '11,"1.11 .ua" .&h., retlO"..... 'n'.""all... .. tll. a..N of ~ountv 1;"""""10"''', the ....'''In. autll.ri,)' 0' tilt munlclp.IIIII, 0' Ih. "rop. ,rt)' AP'''.'' lilt)' "'11'" In ,...,. t. tho ...m,tion rlQUlltlCl h.rohl. I h.rob}' c.rtlf}' 'III' ttl. Inform.tI." .". ..lu"loA .t.ltd III..". bV It" I. 'ru., corncl, ,IICI .0m,I... t. tII. ..., 0' "')' knvwl.d.. on" Itall.f. (If p...,....CI IIV 10m.."a olhar III." ,". tIXPlV", hi. 1I..la,aUon .. b..'d on IlIlltform.tlvn of wtllcll h. 'It any lenowl.d,..) Ie¡ hLt-. I'~u J 2)q 1-. lQ~~~/c(ff- (TU"v") R ~('2 I /J7^--'-;:-- )ATE: SIGNED: (p,.pa..r) iIGNED: ('ro,....'" A4drfu) rlTLE: (""p&ror's T.I..IIO". HumlMr) PROPERTY APPRAISER'S USE ONLY I. Tolal r..,,,u,.,,,,IIIIII' to '"0 'Ollnt)' or "'''nlcl".IIt1I for the cu'ro"t 'ltell ".., 'rom .CI nlo..m tlX IOU...... ".~"u. 191' ,. th. ..ulIl.. ., ., munl'I,.IIIV '.r tll. ."r...'" flteal V'" bJ' "Irt". of .x."",I.... ,.rollloullv .ran"CI unCI" tll. ..'Ion' $38,420.21 $60,918,316.86 II. II"",... of tII. ....nue whl,II wo"les b. l06t to the ..un'1I' .r mu"Icl,.IIIV IIII"n, ,tI, .",,,,,t ftfO.1 )'lIt If ,ha ..''''lItI." a"pll'd for w... ,raltt.c! II.d tll' $4,827.55 "ro".rt\' for Wftloll "" ....,.tlo" I. 1'111""'" oth.,wI.. b.... IUltJlOt '0 "..tlonl V. 1I,,"",..f the III..... ..Iua 10" to "'I OOU"',, or mUlllol,.tltv If tII. .x.mIlUo" ...pll.. f.f -... .rantaCl, l",p,o,.mOlltt to....1 pro.,rtv "'"ollll',..rt)' $581,920. I IIn. .at'''''In.d 'lilt Ut. proP.rt)' lI.t.. ."v. m... tho ..,."111.,,. II ..fllI.. Itll "cuon 1".011(14) or It '). 'Ioride S"'ut.. II . H.w .1I.ln.1I xro. .n It.p.llul." .f .n &1111111", BII.I"'" !:) . vr H.lthar D. f. )ATE: 6/28/99 SIGNED: i)~tv~()~ (..ro,arty APP"I.tr) /I. u.t 1111' '0' wille" ...m.llon mlY ba .ppll.d h~"I""I.' "YV' n"l"":" ~.., ~n "'n~" ,,......,n ...,.....,.." ft"'''. .. '-' ..."., \\ EXHIBIT "A" LEGAL DES~RIPTION Conunencing at the Southeast corner of Section 30, Township 34 South, Rðnqe 40 East, St. Lucie County, Florida; thence North 00°00'16" West, along the East line of the Southeast 1/4 of 8did Section 30, a diBtance of 2665.52 fÐat to an iron rod at the existing centerline intersection of runways 4 and 14, of the St. Luc ie County Airport: thence South 4500' 00" West, along the existing centerline of runway 4, a dist.ance of 464.00 feet: thence North 45°00'00" West, a distance of 589.00 feet to the POrt-IT OF BEGINNING. Thence continuing North 45°09'00" West, a dislance of 600.00 feet; thence South 45°00'00" West, a distance of 800.00 feet; thence South 45°00'00" East, a distance of 600.00 feet; thence North 45°00'00" East, 8. distance of 800.00 fe~t to the POINT OF BEGINNING. , o. i 1I., '. '\.. It j.. " ' "', " t. \'."\ '... ... \', ., \ $. I ". ''''..... ,..~.) ( f( " .'" \. . ".:. ~~. Iii/. '-- \~ Ii j!i I ' " III I ¡¡ i \ liiii illl !I /11/; . ,I l U( .JfJ¡ i: ~ ¡J~ ~1~ ! J !ì ..', . '" I" -. f . , .' "' ... ¡ . ~ . ". ',1',' ",1 .", ~. .,! .' ,". , . I.; '.: , . .J...,' . .' . t,^- ....; '.tt'o '. ..... _. .... .. ' .1 " .. . :.. . I . -'.. . ...... to, _._ i r;:') .' '. .ï'1 ¡f f· h L- () I, "t ~ ': ~/: .!.. . þ ~ l. ~ . . ',. . ." ~ , '. ..........." t. ~ ....J. ~ AIlR<CIHIJEIÆ ffiJ!I» W AIlRIIDØ iiìi' ' C(Q) IÆIP@IÆA THO N ::: 1.J:uI \lI.IUQ WJQUIVIoII\IA -- .A..."'__-.....__ ~ ~.'~ \ ' . .. Or'. ~"L.~ .. ,,.,¡.,, '-' -III M/~~O ...", ÂIR~RÂFT ~OMPÂNY » 3100 Airman's Drive Fort Pierce, Florida 34946 Phone: (561) 465-9996 FAX: (561) 465-9997 19 February 1999 Honorable Daniel S, Mcintyre County Attorney, St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. McIntyre, 1. Business Names and Mailing Addresses: Estumkeda, Ltd. d/b/a Micco Aircraft Company, 3100 Airman's Drive, Fort Pierce, Florida 34946 and B & E Houck Enterprises, Inc., 2982 Aviation Way, Fort Pierce, Florida 34946. 2. Name and telephone number of person in charge: F. DeWitt Beckett, (561) 465- 9996. 3. Exact location of the property for which the application is filed: 3150 Airman's Drive, Fort Pierce, Florida 34946, as further described in the attached Exhibit A. 4, See attached Personal Property Tax Return. 5. a. Description of the improvements to real property for which this exemption is requested: 40,000 square foot manufacturing building. b. Date of commencement of construction of improvements: 7 January 1996. 6. a. Description of tangible personal property for which this exemption is requested: See attached Personal Property Tax Return. , b. Average value of inventory on hand: See attached Personal Property Tax Retu rn. 7. \Ve desire exemption as a "New Business". ¿~,7{ 1i:J-- Page 1 of 2 Pages W' ...., 8. Our business is aircraft manufacturing. .. 9. Trade Level: manufacturing, wholesale and retail. 10. Number of employees to be employed in St. Lucie County: 51 as of this date. 11. Not applicable. 12. Not applicable. 13. Not applicable. \Ve hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the below described property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie County Code of Ordinances. We agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. We hereby certify that the information and valuation stated above by us is true, correct and complete to the best of our knowledge and belief. Ig dJ~d-}¡9/91 1-J¿l¡j~~'l7,F Erroll Houck (date) F. DeWitt Beckett (date President of B & E Houck Enterprises, Inc. President, Micco Aircraft Co. '~ Page 2 of 2 Pages PROPE~rY APPRAISER SLC 2300 VIRGINIA AV ROOM 107 ~ FT PIERCE, FL 34982-5652 1999 Tar'.....Je Personal Property Tax Return , ~onfidential §§193.074 F.S. As Required by §§193.052 & 193.062 F.S. Retum to County Property Appraiser By April 1 to Avoid Penalties State of Florida, County of S T l UC I E Business Name (DBA - Doing Business As) and Mailing Address 3000-0424267/2 REAL PROP 10 1430-131-0001-000/4 3100 AIRM~NS DR CTY MICCO AIRCRAFT COMPANY 3100 AIRMAt.tS DR FT PIERCE,FL 34946 2 >nd address Is incon'ed make necessary conections Federal Employer Iden. No ~-~ Social Security Number [IJJ- OJ-ITIIJ SIC ITIIJ :urn subject 10 audit with all reaJ(ds kept by you. 5. Date you began business in this county: 10 1"lS1QS' Fiscal yeal: Jb.LV -JUtJE. leie _íes are subject to penaJlíes. Sa. Although my fisGa year ended prio< to December 31 01 the past calendar year. this return reftects P'ope<1y additions end deletions t1Youçh December 31. Yes v" No !4Se gI\/'e name end \eIephone number of Ow.- Of Person In charge of this Business. 6. ,Describe Type Of Nature 01 Your Business: me F œtJirr RPßk~/f TeIePhone.s-"1-1./6~-'99¿ t¡)Or8Ie Name M IttIJ 1UR.ßi.AFT t!AujXJf)1 7. Trade lewl (Check as many as apply) Retail ¿ Wholesale ~ Manufacturing r/" :¡¡oj PhysIca locII!Ion 01 PJoperty fer WhId1 this ReIurn Is FtIed (Street Address -lIJ¡LP.O. Box) Professional a Service ~ AgriaJllure a leasinglRenta a ' Othef a '00 4. 3/SD fliOtAJ.JS DPjv~ Çf. P;efCR..¡ J:t.. 3'-lQ'it, 8. Cid you file a Tangible Personal Property Return In \his county last Year? Yes_ No¡./' IOAJl busIMss or fann located wtIhin \he ~ed limits 01 a City? Yes_ No ....... II so, under what name and where? alOIy? You File a Tangible Personal Prope<1y Tax Recum Under Ñly Other Name? Yes_ No_ li. Former owner 01 \he Business: '8Se Show name ExacIIy as . Appeared on Your most recenl P8f$ONf Property Tax BiI 0( IlL II BusIness sold, \0 whom? "'" Cunent Tax Return. Dale Sokt PERSONAL PROPERTY SUMMARY TAXPAYER'S ESTIMATE ORIGINAL APPRAISER'S "HIS IS A SUMMARY SCHEDUI F OM Y. The ScneduIes on the REVERSE' SIDE OF FAIR MARKET INSTALLED USE ONLY nus! be completed In detail end I!JI.!.LS entered below. ATTACH ITFMIZED LIST 0( EPRECIATlON SCHFDULE showing Original Cost & Date of Acquisition. VALUE COST ce Fumllure & Office Machine. & U>rary 1'!.~O.fð' ~ Equipment. Com Iuters. WOfd Processors J./ 2. ,1.1-11. SlJ reo Bar & lounge. and Restauranl Furniture & Equipment. Etc. :ninety end Manufacturing Equipment LtS i./39. q/f n, Grow, end 0aIrv Equipment , essIonaJ. Medic4/, Denial & l.abotalOl'f Equipment ~, Mot.... & Apar1menl Complex taJ UniIs . Slow. Re\rio., Furniture. Drapes & Appliance. jJe Home AnacIvnenIs (c.tport. Utifity BIdQ,. Cabana, Pord1, Elc.) ice Station & Bulk Plant Equipment· Underground Tanks. UIIs. Tools - . - BiJIboard, Pole, wan. PO<tabIe. Directional. Etc. :J M" Of) '>ehoId ImprO\lemenls must be grouped by type. year 01 insIaIIation and description , :¡ ~J IYJI) /)f) Jlion Control Equipment pment owned by you but rented. leased Of held by others olies . Not Held lor Resale " . Please Specity I I 'AI. PERSONAl PROPERTY 4Nltlea 01 perjury, I cMclara that I have read !he 100~01ng laic -.turn and !he LESS EXEMPTION: ( ) WIDOW ( ) WIDOWER ( ) BUND ~nylno achedulea and alalemenla and that !he facta aleled In IIMm .... true. If ( ) TOTAl DtSABlUTY ( ) OTHER d by aomeo... other than 11M taxp.¡yer, !he preparar .Ignlng 1h1. return urtl1le. that TAXABLE VALUE w.~"_::.~~~..,_. DEPU1Y PENALTY PLEASE SIGN AND DATE YOUR RETURN, SEND THE ORIGINAL TO -:t. ~2)~H- , THE COUNTY APPRAISER'S OFFICE BY APRIL 1, UNSIGNED (TAXPAYER) RETURNS CANNOT BE ACCEPTED BY THE APPRAISER'S OFFICE. (PREPAAER) 5 NOTICE: IF YOU ARE ENTITLED TO A WIDOWS, WIDOWER'S OR 10, f{,f- w.'-- 9ff(, DISABILITY EXEMPTION ON PERSONAL PROPERTY (NOT ALREADY PAEPAAER'S 1.0. . CLAIMED ON REAL ESTATE) CONSULT APPRAISER. SCHEDULES ON REVERSE SIDE MUST BE COMPLETED IN FULL. DR-4QS R. 12197 ~ ,k ~~ ~E 2 TANGIBLE PERSONAL PmPERTY TAX SCHEDULES (ENTER TOTALS ON PAGE 1) _ .1'$ PtfY$ICAU.Y REMOVED DURING lAST YEAR RETIRED, SOLD, TRADED, ETC.- <1y hAy cIoop<edeIed buI oontinuIng In ..NIce muse be reported on !he Id>eduMrs below, _ YEAR TAXPAYER'S EST OF DESCRIPTION AGE ÞoCO, FAIR MKT VAlUE ORIGiNAl INSTAlLED COST , ' ., - ED, LOANED, AND iEHTED EQUIPMEHT· P1eue complet. ~ yòu hold equipmenl belonging 10 others, NAME AND ADDRESS OF OWNER OR LESSOR DESCRIPTION 2.0 I Elf.r Appllc.bl<l Un. Number (10-24) From Plge 1 DESCRIPTION OF ITEM AGE .øwaLk<; Pfl~ k //)(J lðr ¡f./J),I M<;S fL£ ': p I -'Me: /''r.c/ ¢Ð OI~I /)()f'., / c \ "¡'4 {,he!, d.....þ Jfi'5 1- M~R art.d) )~.J CO'^ Ùð),; f'Ù.hJP¿5 ~TO ·~JI iJ L -f, J f»1J - A' ,J fuJuJ YEAR PURCHASED (f)/,¡1~S'У. "Rln" I I J11'~SlJL PAdS " l '¡Je.S d '~hs¡' Roof), 'ì-~lJets tJ IYvJI'C' ~IIU "'" 7ÃrfJ/J 'Q£)P "/,ÎY¡ :>, f!a!J//l'.i:sc:,h.)I//no ·ðfAlS on Fronl- Conlin... on Se~.. e S....(II Nec....ry Enl.r Apptlc.obl<l Un. Number (10-24) From Pig. 1 DESCRIPTION OF ITEM AGE 1S/" ?fUn ;¡I¡c¡f ~1i1L5 ~éa.á' Ex:hðJI5fJ 'Ill' Ju C'_" , ,1M II/uill ~ItJSkM : ¿OJ. Is 9' þ.~dlJûS :L ~,~ J 'þ-". W~/) ðJs,'() \ r,. r" ' 7Já,iJ. I Vd //K-IAI, JTALS on Fronl . ConUnue on Se~rlt. Sheet II Nee....ry 2_1 Enler Appltclbl<l Un. Number (10-24) FrOfTl Plge 1 .... -~ DESCRIPTION OF ITEM . J. -.:I. .J.J. )/ ')OfJ'F roi ass SDl'iJU ·R....,.fJ.. -' AGE OF Tht. AbtH/I> ,'ft'.AA.<:' ;.. 0>,'" f)1'P .-c.uS'1../ )¿L.[\ j .J .J J 1Ì1~ ~D a/50 In fAt'.. .J......h¡ rt .!'ad ~ 1IlJ/J+ T AlS on FtOnl . ConUnue on Se~tlle S....III Necel"ry YEAR ACOUIRED YEAR OF MFG, LEASE PURCHASE OPTION YES NO RENT PER MONTH RETAIL INSTAlLED COST NEW TAXPAYER'S TAXPAYER'S ESTIMATE OF ESTIMATE OF CondiIion ORIGINAL FAIR MARKET J r i INSTAlLED VAlUE COST 15m ,I' 1/ 5'111> ¡I (tqtJ(j Iv · e,1/JO ~ i' ' /JIJIJ ,/ . flrY) V' S:11JM vi "I~/XYJ V' liMf'J 0/ S'9cio ,/ ¡/qM Iv "too ,/' .~ i/)t) v .->< Y5W ,/ ~ '300 .,...- I 3/J(J !~ jðl) V' f(1JO Iv' .2.~ 'v t,3.1ð/J ~ .:><: ..,5. 1m fi{)¡y) APPRAISER'S USE ONLY Condition ...>< >< ><- ....><... TAXPAYER'S ESTIMATE OF Condiucn J ! RETAIL INSTAlLED COST NEW LEASE NO. NAME/ADDRESS OF LESSEE ACTUAL PHYSiCAl LOCATION DESCRIPTION 22 EQUIPMEHT OWNED BY YOU BUT RENTED, lEASED, OR HELD BY omERS \'EAR AGE PURCHASED RENT PER MONTH TAXPAYER'S :::¡: ESTIMATE OF a: FAIR MARKET I!! VALUE - ><---. '-' ~ ORDINANCE NO. 99·13 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR ESTUMKEDA, LTD. d/b/a MICCO AIRCRAFT COMPANY, 3100 AIRMAN'S DRIVE, FORT PIERCE, FLORIDA, AN EXPANDING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO ESTUMKEDA, LTD. d/b/a MICCO AIRCRAFT COMPANY; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT ESTUMKEDA, LTD. d/b/a MICCO AIRCRAFT COMPANY MEETS THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 99-13 "Economic Development Ad Valorem Tax Exemption - Estumkeda, Ltd. d/b/a Micco Aircraft Company. ARTICLE U Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of Estumkeda, Ltd. d/b/a Micco Aircraft Company, 3100 Ainnan Drive, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 1998-99 100% Year 2 90% '-" ...., Year 3 80% Year 4 70% Year 5 60% Year 6 50% Year 7 40% Year 8 30% Year 9 20% No exemption shall be granted on the land on which improvements are made by Estumkeda, Ltd. d/b/a Micco Aircraft Company. ARTICLE m Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $60,918,316.86. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $38,420.21. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $4,825.55. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Estumkeda, Ltd. d/b/a Micco Aircraft Company, an expanding business, shall be for nine (9) years from the date of Board adoption of this Ordinance. ARTICLE V Findin¡ The Board of County Commissioners of St. Lucie County, Florida, finds that Estumkeda, Ltd., d/b / a Micco Aircraft Company is an new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Estumkeda, Ltd., d/b / a Micco Aircraft Company no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any ~ ..", court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE vm Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Pallia A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Doug Coward XX Commissioner Frannie Hutchinson XX Commissioner Cliff Barnes XX PASSED AND DULY ADOPTED this _ day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -... . ...--. ..... JfY '-' ~ AGENDA REQUEST ITEM NO. 7 DATE: July 13, 1999 CONSENT REGULAR X] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. SUBJECT: Consider Draft Resolution 99-138 Reaffirming the Ranking Metropolitan Planning Organization that the Portion of South Edwards and West Midway Roads is the Number One, Non-state Roa Improvement Project in the County. -G Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development y the St. Lucie 5th Street Between way Transportation BACKGROUND: Attached, is a copy of Draft Resolution 99-138 which if approved would support the ranked position of South 25th Street (Edwards to West Midway) as the number one non-state roadway transportation improvement project in the County. At the July I, 1999, meeting of the St. Lucie Metropolitan Planning Organization, the MPO voted to send a Resolution of support for this project to the Florida Department of Transportation and to request that the Department employ whenever means at its disposal to assist the community in the acceleration of the construction of this missing roadway segment. The MPO has requested that its member units of local government also send to the Department of Transportation a resolution of support for this project. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve Draft Resolution 99-138. ION ACTION: APPROVED [ DENIED OTHER: Coordination/Siqnatures County Attorney: Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only) : (AGEND460) ... . - .. ) '-" ...., COMMISSION REVIEW: July 13, 1999 Resolution 99-138 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Julia Shewchuk, Community DevelopmE::nt Director DATE: July 6, 1999 SUBJECT: Consider Draft Resolution 99-138 Reaffirming the Ranking by the St. Lucie Metropolitan Planning Organization that the Portion of South 25th Street Between Edwards and West Midway Roads is the Number One, Non-state Roadway Transportation Improvement Project in the County. Attached, is a copy of Draft Resolution 99-138 which if approved would support the ranked position of South 25th Street (Edwards to West Midway) as the number one non-state roadway transportation improvement project in the County. At the July 1, 1999, meeting of the St. Lucie Metropolitan Planning Organization, the MPO voted to send a Resolution of support for this project to the Florida Department of Transportation and to request that the Department employ whenever means at its disposal to assist the community in the acceleration of the construction of this missing roadway segment. The MPO has requested that its member units of local government also send to the Department of Transportation a resolution of support for this project. Staff recommends that the Board approve Draft Resolution 99-138. If you have any questions, please let us know. lopment Director SUBMITTED: JWI MP02(a67) ATTACHMENT cc: County Administrator Ass!. County Administrator County Attorney Public Works Director Planning Director MPO Supervisor ;> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 .. ~ ...." RESOLUTION 99-138 A RESOLUTION REAFFIRMING THE RANKING BY THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION THAT THE PORTION OF SOUTH 25TH STREET BETWEEN EDWARDS AND WEST MIDWAY ROADS IS THE NUMBER ONE, NON-STATE ROADWAY TRANSPORTATION IMPROVEMENT PROJECT IN THE COUNTY. Whereas, the St. Lucie County Board of County Commissioners has made the following determinations: 1. South 25th Street from Edwards Road to West Midway Road is the only remaining segment of the 25th Street Corridor which is still a two lane roadway. 2. The segment of South 25th Street from Edwards Road to West Midway Road is currently operating at a LOS F, based on the most recent annual average daily traffic counts. 3. The St. Lucie Metropolitan Planning Organization has recognized through the MPO's adopted List of Priority Transportation Projects that the widening of this section of roadway from two lanes to four is the is the number one, non-state roadway transportation improvement project in the county. 4. Sf. Lucie County has purchased most of the right-of-way necessary to widen this roadway to four lanes and has completed and permitted a preliminary design for this roadway project. 5. When completed, an improved 25th Street Corridor will provide for a viable alternative north! south route through St. Lucie County, thus providing relief to the only other continuous nortþ/ south route in the community, US #1, a state roadway. 6. The Florida Department of Transportation has identified the widening of South 25th Street from Edwards Road to West Midway Road as an eligible project for state assistance funding and has included this project in the Adopted Five Year Work Program (reference FDOT project number 2314451) 7. The Florida Department of Transportation currently has programmed approximately 2.0 million in State FY 2001/02 for the Project Development and Environmental Phase (PD&E) ofthis roadway widening project. Resolution 99-138 Draft # 1 July 13, 1999 Page 1 ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 - ...... -- -- - '-'"' ...., 8. A source of construction funding for this project has not yet been identified by either St. Lucie County or the Florida Department of Transportation. 9. On July 1, 1999, the St. Lucie Metropolitan Planning Organization adopted MPO Reaffinning that the portion of South 25th Street between Edwards and West Midway Roads is the Number One, Non-state Roadway Transportation Improvement Project in the County and requested and encouraged the member local government in the MPO to adopt a similar resolution of support for this project. NOW THEREFORE BE IT RESOLVED by the St. Lucie County Board of County Commissioners, that A. The St. Lucie County Board of County Commissioners agrees with and supports the position of the St. Lucie Metropolitan Planning Organization that the portion of South 25th Street between Edwards and West Midway Roads is the number one, non- state roadway transportation improvement project in St. Lucie County. B. The Florida Department of Transportation is hereby requested to assist St. Lucie County in the completion of this missing segment through the accelerated funding of this project through whatever means at its disposal. C. A copy of this Resolution shall be transmitted to the members of the Local Legislative Delegation, the Office of the Governor, the Florida Secretary of Transportation and the FDOT District IV District Secretary of Transportation After motion and second, the vote on this resolution was as follows: Chainnan Paula Lewis XXX Vice-Chainnan John Bruhn XXX County Commissioner Doug Coward XXX County Commissioner Cliff Barnes XXX County Commissioner Frannie Hutchinson XXX PASSED AND DULY ENACTED, this 13th day of July, 1999. Resolution 99-138 Draft # 1 July 13, 1999 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Attest Secretary djrn 99138a(A67) ~ Resolution 99-138 Draft # 1 - ......, Board of County Commissioners St. Lucie County, Florida BY: Chairman Approved as to Form And Correctness: County Attorney - July 13, 1999 Page 3 - ~ENDA REQUEST ITEM t~ ft I DATE: July 13, 1999 REGULAR [ X ] PUBLIC HEARING [ CONSENT [ ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Consider staffs request to lease approximately 400 square feet of the S1. Lucie County Air Terminal building at S1. Lucie County International Airport to Florida Coastal Airlines (FCA) and lease approximately 400 square feet of the Terminal building to Island Express to operate scheduled air carrier service at St. Lucie County International Airport. Additionally, consider staff s request to establish a Grant Agreement for Scheduled Airline Service with FCA and Island Express. BACKGROUND: The Airport has recently been contacted by two air charter operators. Florida Coastal Airlines (FCA) and Island Express Airlines have expressed an interest in leasing part of the St. Lucie County Air Tenninal building at St. Lucie County International Airport to operate scheduled air carrier service at St. Lucie County International Airport. Each of the airlines are fully certificated by the Federal Aviation Administration (FAA) to operate as an air carrier in accordance with Federal Aviation Regulations (FAR). Each airline purposes to use Cessna 402's for their schedule service. (See picture attached) The Cessna 402 is a twin engine pressurized aircraft designed to accommodate up to nine (9) passengers and luggage with a range of over 1,000 nautical miles. In addition, the Airlines have requested that the Board consider a Grant Agreement for Scheduled Airline Service similar to the Agreement approved by the Board in 1995. (copy attached) Scheduled service acts to contribute to the community's job growth, enhance S1. Lucie County's transportation network, and enable the Airport to become eligible to receive additional grant monies from the Federal Aviation Administration (FAA) for airport improvement projects. Specifically, ifFCA and Island Express can help the Airport achieve greater than 10,000 enplaned commercial passengers, then St. Lucie County International Airport will become eligible for a minimum of $500,000 from the FAA for airport improvement projects. FUNDS A V AILABLE IN ACCT#: n/a PREVIOUS ACTION: See attached staff report RECOMMENDATION: Staffrccommends that the Board of County Commissioners (BOCC) approve the terms of the lease agreement as outlined in the attached staff report to lease approximately 400 square feet of the S1. Lucie County Air Terminal building to Florida Coastal Airlines (FCA) and approximately 400 square feet of the Terminal building to Island Express to operate scheduled air carrier service at St. Lucie County International Airport. Additionally, staff recommends that the BOCC approve a Grant Agreement for Scheduled Airline Service with Florida Coastal Airlines and Island Express. ON ACTION: ~ PPROVED [ ]DENIED [ ]OTHER: CONCU E: Reviews & Approvals County Attorney:~ OMB Originating Dept:~ / Other: Finance:(Check for Copy only, if applicable) Purchasing Other: - . ,.. ,. '-' ....,¡ STAFF REPORT from St. Lucie County International Airport From: Board of County Commissioners Paul A. Phillips, Airport Director July 9, 1999 Terminal Leases at St. Lucie County International Airport To: Date: Subject: Recently, there have been inquiries into using the Air Terminal Building at St. Lucie County International Airport. The Air Terminal Building was built in 1963 to accommodate airlines offering scheduled service and has been reserved by the Airport for air carriers that agree to offer scheduled servIce. The Airport has recently been contacted by two air charter operators. Florida Coastal Airlines (PCA) and Island Express have expressed an interest in leasing part of the St. Lucie County Air Terminal building at St. Lucie County International Airport to operate scheduled air carrier service at St. Lucie County International Airport. The St. Lucie County Department of Central Services has recently renovated the Air Terminal building to accommodate scheduled service. As a result of Central Services efforts, no additional upgrades will be necessary for the Air Terminal building or the Terminal apron. Each of the airlines are fully certificated by the Federal Aviation Administration (FAA) to operate as an air carrier in accordance with Federal Aviation Regulations (FAR) Part 121. Each airline purposes to use Cessna 402's for their schedule service. (See attached picture) The Cessna 402 is a twin engine pressurized aircraft designed to accommodate up to nine (9) passengers and luggage with a range of over 1,000 nautical miles. The use of this aircraft will require no additional modifications to the Air Terminal building or Terminal apron. The scheduled service providers have requested to use the Air Terminal Building at the Airport to provide scheduled service based on the following provisions: Florida Coastal Airlines Island Express Airlines mmImum year 1 = 2 flights per week years 1-5 = 2 flights per day (M-F) scheduled flight year 2 = 3 flights per day 1 flight per day (S-S) per week years 3-5 = 5 flights per day (season) . ,.. , ~ .., lease term one year, one year, annual renewable to five years total annual renewable to five years total terminal space year 1 = $100 per month year 1 = $100 per month rental / 400 year 2 = $250 per month year 2 = $250 per month square feet years 3 - 5 = $350 per month years 3 - 5 = $350 per month landing fees aircraft weighting less than aircraft weighting less than 12,500 pounds = $0 12,500 pounds = $0 aircraft weighting greater than aircraft weighting greater than 12,500 lbs = $.50 per 1,000 lbs 12,500 lbs = $.50 per 1,000 lbs . . aircraft size not to exceed the aircraft size not to exceed the maXImum sIze of aircraft existing design group of the airport design group of the airport In consideration for the Airline's guarantee to offer a minimum level of scheduled service, the Airlines have requested that the Board consider a Grant Agreement for Scheduled Airline Service similar to the Agreement approved by the Board in 1995. (copy attached) The major difference between the original agreement and the proposed agreement with the Airlines is that the $50,000 grant agreement proposed for the Airlines will be split between the Airlines based on the amount of passengers served at the Airport. This $50,000 grant agreement for. two years acts as an incentive for new entrants to offer scheduled air carrier service into the St. Lucie County market. Scheduled service acts to contribute to the community's job growth, enhance St. Lucie County's transportation network, and enable the Airport to become eligible to receive additional grant monies from the Federal Aviation Administration (FAA) for airport improvement projects. Specifically, ifFCA and Island Express can help the Airport serve greater than 10,000 passengers, then St. Lucie County International Airport will become eligible for a minimum of $500,000 from the FAA for airport improvement projects. Staff recommends that the Board of County Commissioners (BOCC) approve the terms of the lease agreement as outlined in this attached staff report to lease approximately 400 square foot of the St. Lucie County Air Terminal building to Florida Coastal Airlines (FCA) and approximately 400 square feet of the Terminal building to Island Express to operate scheduled air carrier service at St. Lucie County International Airport. Additionally, staff recommends that the BOCC approve a Grant Agreement for Scheduled Airline Service with Florida Coastal Airlines and Island Express. If you have any questions or require any additional information, please do not hesitate to contact me. cc: Douglas Anderson, County Administrator Daniel McIntyre, County Attorney CQlo-/I·/J2. '-" ...., .~ GRANT AGREEMENT SCHEDULED AIRUNE SERVICE THIS CONTRACT, made this n+*' day of NoveMber, A.D., 1995, between ST.LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and B&E HOUCK ENTERPRISES, INC. d/b/a TREASURE COAST AIRLINE, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": WHEREAS, recipient has proposed to provide scheduled commercial flight service at the St. Lucie County International Airport; and, WHEREAS, scheduled commercial flight service would benefit the County by creating additional jobs, enhancing the County's transportation network and providing the opportunity for additional grant monies for airport assistance. IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall budget and allocate a total amount of one hundred thousand and 0/100 dollars ($100,000.00) to the Recipient as follows: a. $50,000.00 will be paid to the Recipient on condition that the number of commercial enplanements at the St. Lucie County International Airport during calendar year 1996 exceeded ten thousand (10,000) enplanements. Payment shall be made within thirty (30) days after written verification is received from the Airport Director that the number of commercial enplanements has exceeded the ten thousand (10,000) enplanement threshold. b. $50,000.00 will be paid to the Recipient on condition that the number of commercial enplanements at the S1. Lucie County International g:\agreemnt\docs\airline -1- t .;-- '-" ~ .- Airport during calendar year 1997 exceeded ten thousand (10,000) enplanements. Payment shall be made within thirty (30) days after written verification is received from the Airport Director that the number of commercial enplanements has exceeded the ten thousand (10,000) enplanement threshold. 3. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 4. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 5. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 6. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: 51. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 WITH COpy TO: 51. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 g:\ag reemnt\docs\airline -2- .-~- '-" 'wI1 .- TO THE RECIPIENT: B&E Houck Enterprises, Inc. d/b/a Treasure Coast Airline 2982 Aviation Way Fort Pierce, Florida 34946 7. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 8. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties. 9. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorize.d officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS :: LUCIE cz: Chairman ~5(;/~;' Ù&~ . ...""'·t...·.. Deputy ,C~~~I; """" l~~~'-/!;'~<~~;\~ g:\agreemnt\docs\airline';::¡: ,\ "J,;:,:',,:.\." /1' ,è' il~$: t~}5~.~~;~?::.:,}>' i:,\~;...~·t cO'.J:n'\." ,...¡, ·"·~·jl;~--';;~:~'...'.·;;'~~ -3- . W' . . ,- ATTEST: f?~ Errol Houck, Secretary g:\agreemnt\docs\airline .--:-- "'" B&E HOUCK ENTERPRISES, INC. d/b/a TREASURE COAST AIRUNE BY: tieL! 6:VfLLi' ~/r;J- Barbara Houck, , sident -4- 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 1 FZABVARR V~ST #41- 03-JUL-99 TO 09-JUL-99 ...., ("" FUND : 001 - General Fund " CHECK INVOICE VENDOR TOTAL 00245505 99029541 A-Ron Electric Motors & Pumps 1,911.00 00245509 99029114 AT&T 15.66 00245513 99029124 All American Fence Contractors 1,905.20 00245514 99029448 Levi s, Alma 362.85 99029453 163.20 99029456 111.00 99029457 238.50 99029458 261.00 99029459 124.05 99029461 254.43 99029466 87.00 CHECK TOTAL: 1,602.03 00245515 99029125 Altec Industries Inc 355.25 00245521 99029556 Arnold & Sons Sharpening Servi 130.50 00245524 99029029 Automated Service Fund 860.00 00245525 99029133 B&B Industrial Supply 52.59 .4:.~ 99029134 99.77 .., ~ CHECK TOTAL: 152.36 00245526 99029565 Baker & Taylor Inc 1,128.00 99029567 1,410.00 99029569 1,410.00 99029571 1,269.00 99029574 987.00 99029576 423.00 CHECK TOTAL: 6,627.00 00245528 99029135 Berggren Equi pmen t Co Inc 138. 90 00245529 99029534 Ryder, Beth 115.77 99029535 95.14 CHECK TOTAL: 210.91 00245532 99029137 Blue Crystal Inc 91.00 99029144 91.00 CHECK TOTAL: 182.00 00245535 99029139 C C Calhoun Inc 2,022.23 00245537 99029143 Camper Connection Parts & Serv 15.39 p;.,o-,,- .. ... '\,...,.. .. ~,::,;;~'~:..::·~:J.l;~Tt;~i:'~ ·.-c...."..'" '_'. ,........ ........,.,'¡,,..::.~'7"":.' y.......,~',~. - _._-------.- -~-_.- ._ ....t>-<"', ._,.,....-".--0- 07/09/99 ST. LUCIE COUNIT - BOARD PAGE 2 FZAB\1ARR \1~LIST #41- 03-JUL-99 TO 09-JUL-99 ....., FUND: 001 - General Fund C' , . , '.J ';¡;~~:+b- CHECK INVOICE VENOOR TOTAL 00245538 99029145 Chandler Equipment Company Inc 80.68 00245549 99029147 Click Film Processing 12.49 00245550 99029155 Cokes Stationers Inc 11.42 99029158 2,550.00 99029158 2,299.50 99029159 27.34 99029160 200.28 99029161 24.95 99029575 64.93 CHECK TOTAL: 5,178.42 00245552 99029163 Consolidated Electric Supply 39.11 00245553 99029482 Council On Aging of St Lucie I 11,915.00 99029487 13,202.75 CHECK TOTAL: 25 , 117 . 75 00245555 99029164 Daves Communications Inc 103.50 99029165 198.00 CHECK TOTAL: 301.50 00245556 99029412 Tucker, Dean 364.00 ...~~..y 00245560 99029500 Dorothy J Conrad Tax Collecto 85.18 00245563 99029195 Bas t Coas t Lumber Supply 7.60 99029196 6.40 99029198 4.00 99029201 19.20 99029203 89.40 99029204 1,284.00 CHECK TOTAL: 1,410.60 00245572 99029241 FedEx 28.25 99029241 14.00 CHECK TOTAL: 42.25 00245575 99029330 Fla Association of Counties 33.00 00245578 99029243 Fla Power & Light 9.55 99029244 104.85 99029245 145.17 99029246 9.99 99029247 106.07 {... \........,;..;... *' ·-,·,,·,-"<.fc·o:--._~~-" ~ -- 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 3 FZABWARR W~LIST #41- 03-JUL-99 TO 09-JUL-99 """'" FUND : 001 - General Fund ¥!~..#1 CHECK INVOICE VENDOR TOTAL 00245578 99029309 - Continued 197.30 99029311 523.21 99029312 3,601.59 99029462 38.15 99029464 9.55 CHECK TOTAL: 4,745.43 00245580 99029591 Fla Retirement System 81,889.33 00245585 99029259 Ft Pierce Utility Authority In 75.53 99029260 11 0 . 06 99029261 42.35 99029262 162.35 99029263 727.65 99029264 1,117.04 ..' 99029265. 638.62 99029266 5.33 99029268 125.64 CHECK TOTAL: 3,004.57 00245591 99029344 Genuine Parts Company 53.87 99029348 10.42 ~ CHECK TOTAL: 64.29 { \ 00245596 99029403 Lincoln, Harvey M 81.12 .~::.....:] ['{; 00245601 99029168 Home Depot 4.35 99029175 18.96 99029175 14.30 99029177 21. 96 99029180 11.97 CHECK TOTAL: 71. 54 00245602 99029279 Hughes Supply Inc 10.42 99029280 142.16 CHECK TOTAL: 152.58 00245603 99029107 Hunter Auto Supplies 89.95 99029109 38.06 CHECK TOTAL: 128.01 00245610 99029301 Jennings Environmental Serv In 50.96 99029302 25.00 CHECK TOTAL: 75.96 ,. 00245611 99029105 Jiffy Photo Center Inc 8.25 ,,~ ~'< " '" -- » ~1- 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 4 FZAB\1ARR \1~LIST :(141- 03-JUL-99 TO 09-JUL-99 ...." FUND: 001 - General Fund êHECK INVOICE VENDOR TOTAL 00245616 99029585 John Bush Fire Protection Inc 150.00 00245618 99029102 KT Mower & Equipment 37.80 00245621 99029281 Kelly Services 122.25 99029303 93.73 99029304 163.00 CHECK TOTAL: 378.98 00245623 99029104 Key Mart Inc 19.07 00245628 99029086 Lesco Inc 1,121.40 99029088 2 , 111. 40 CHECK TOTAL: 3,232.80 00245630 99029310 Louden Bonded Pools Inc 2,150.00 00245631 99029099 Lowe's of Ft Pierce 25.94 00245633 99029225 Manpower Staffing Services Inc 73.92 99029227 712.06 " 99029228 967.56 99029249 35.40 -- 99029343 141.60 i 99029346 705.32 """~<"P 99029349 794.44 CHECK TOTAL: 3,430.30 00245637 99029233 Max Davis Assoc Inc 195.00 00245641 99029092 Midlantic Data Forms Inc 38.00 99029092 38.00 CHECK TOTAL: 76.00 00245642 99029062 Midway Printing 208.25 <' 00245645 99029120 New Horizons Of Treasure Coast 134,000.00 99029121 573.75 CHECK TOTAL: 134,573.75 00245651 99029298 Palm Beach Newspapers Inc 456.00 00245652 99029295 Palm Beach Newspapers Inc 252.00 99029296 408.00 99029297 180.00 CHECK TOTAL: 840.00 ",.. I;,':l V>; ~ ~.i~~ *- R _ ~____ w __, -.- ......-,.,~ ....~=_~...~"T::I;:u~.....,~~..,...-~.c;;i.- -7'Q - "'~i'ii'...~...~77~"'-"¡'i"~~~~~"""'-"""""~~"'t~ -~-~-~~~ ~~-~. ~- 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 5 FZAB\1ARR YARRÞJt.;'LIST /141- 03-JUL-99 TO 09-JUL-99""" (' ," FUND : 001 - General Fund ~ CHECK INVOICE VENOOR TOTAL 00245657 99029517 Personnel Plus Inc 165.15 00245658 99029024 Picture Perfect 11.60 00245660 99029323 Press Journal 190.94 00245663 99029477 R&R Corporate Systems Inc 7,083.33 99029481 7,083.33 99029488 7,083.33 99029491 7,083.33 99029496 1,771.00 CHECK TOTAL: 30,104.32 00245668 99029142 Restoration Ministeries Inc 5,000.00 00245671 99029234 Cason, Esquire, Ronald L 671. 25 00245674 99029285 Service Garage Fund 146.75 ,. 99029287 326.25 99029288 205.94 99029290 109.73 99029291 255.12 99029292 6,400.29 CHECK TOTAL: 7,444.08 00245675 99029329 Sewell Hardware Inc 12.30 .. 99029332 235.54 99029333 18.71 CHECK TOTAL: 266.55 00245681 99029037 Southern Janitor Supply Inc 82.55 99029040 149.87 CHECK TOTAL: 232.42 00245682 99029053 Southern Security System of Ft 35.00 99029351 55.00 99029357 55.00 99029360 55.00 99029364 55.00 CHECK TOTAL: 255.00 00245683 99029420 St Lucie Battery & Tire Inc 85.40 99029423 131. 90 ~.~ CHECK TOTAL: 217.30 00245686 99027965 St Lucie Co Purchasing Dept 280. 11 ¡,~ .... ~:~ :ê' -. " - 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 6 FZAB\TARR \T~LIST #41- 03-JUL-99 TO 09-JUL-99 'will FUND: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00245686 99029026 - Continued 50.31 CHECK TOTAL: 330.42 00245687 99029479 St Lucie Co Utilities 192.00 00245691 99029027 Summerlin Seven Seas Inc 2,000.00 00245692 99029327 Suncoast \Telding Supplies Inc 36.93 99029447 94.64 CHECK TOTAL: 131.57 00245694 99029325 Sunrise Paint & \Tall covering 299.00 99029328 183.87 99029444 21.47 CHECK TOTAL: 504.34 00245695 99029321 Sunrise Tractor & Equipment In 167.26 00245699 99029049 The News 5.50 00245709 99029272 Treasure Coast Courier Service 423.00 00245711 99029413 Treasure Coast Umpire Assn 384.00 -, F"~' 00245713 99029039 Turner Industrial Supplies 7.36 00245714 99029069 U S Cellular 2.30 99029070 54.56 CHECK TOTAL: 56.86 00245716 99029443 United \Tay Of St Lucie County 45.00 00245717 99029271 University Of Florida 71.00 00245719 99029182 \Tal-Mart #0973 20.22 00245723 99029463 \Tireless Broadcasting Systems 24.99 00245724 99029442 Xerox Corporation 526.90 99029442 120.29 CHECK TOTAL: 647 . 19 '" FUND TOTAL: 334,357.70 " ;1 l,,··, ' , \"~~),:;-:,~:I ,"-, '" .' t' ,._,.,-----~.._-- " _ . ~ . 1IP·;t¡.......,.J!i'III ~ .. -J", "..~.~.. Iqo___.l,_ rop-~~~~;.oe,~~.~~...~òI,.~;~" '_ ':" ~,IJI!IIk':Ji:4', .....~.,.~,),...".;-......='.,,"'" ~}7,;·:.~~,'"f'~~~;i,;' . ~' ,'-;:~:> ' , ~=' .. _ .._.~,_o-... . """':'~.~r1 .~~,..,-''':.~.__:..,-.'..'''' ;""~ 07/09/99 ST. LUCIE COwrY - BOARD FZAB\1ARR \1~..IST #41- 03-JUL-99 TO 09-JUL-99 'w11 FUND: 001001- Recreation Special Events ...~.PP.'. TOTAL CHECK INVOICE VENDOR 00245554 99029484 Creative Fireworks Company Inc 9,999.00 9,999.00 FUND TOTAL: u ~ '- " * .: -.;;"._' ;:.....~ _~'7 l'AGJ:<; 07/09/99 FZABVARR ST. LUCIE COUNTY - BOARD V~IST /141- 03-JUL-99 TO 09-JUL-99 ...." ~;~ FUND: 001116- Sec 112/MPO/FHWA/Planning 98/99 ,.. TOTAL CHECK INVOICE VENDOR 1,326.40 00245580 99029591 Fla Retirement System 00245621 99029305 Kelly Services 99029306 99029307 f"! ~ (,,- , ~- '" ., '" .. !.! (~~;";''1 ~ i' ~ 430.80 247.71 430.80 1,109.31 CHECK TOTAL: FUND TOTAL: 2,435.71 .' i ;"....,:, - .-- .---- '.' ._.-..~,_.'~ ,. ..~ _ ,~~'~.~~'" _~",';J,r"..;1"~~,' ,_,".~ - 0"""<,__lv-~ ~ ,ør ..t., ,._ ....... __~..__;.._,o^_~,.,.__~_ PAGE 8 FZABWARR ST. LUCIE COUNTY - BOARD W~LIST 1141- 03-JUL-99 TO 09-JUL-99 'tttttIII PAGE 9 07/09/99 FUND: 001120- Community Services Block Gmt 98/99 ~.; ...~;;.-7 CHECK INVOICE VENDOR TOTAL 00245551 99029162 Community Transit 50.63 00245580 99029591 Fla Retirement System 143.94 00245636 99029096 Martin County Bd Of Comm 5,615.00 00245648 99029036 Okeechobee Co Board Of Commiss 1,740.00 00245703 99029122 Suarez, Tony 470.00 FUND TOTAL: 8,019.57 . I'? '"' r~~ '-- ~:~1 '" ~ "" -, "'!' .,... "" r.... '" , , ¡;'. ~, ¡, -,' \<~~:-~;; ~ :8- r r} t'~ ~iiil:~~~~i>;;¡~i~~(ii.ff~~di1K~~~"Æ~"'~"'-~'<-:'-""·'-"-'~='-"""""'~""""=-D-'-- ,--' , _~...."._~..~~;.~~~........~~~":;,;,,,,,,~";OI\~~~"i~~,,:·t'-'-:"--i-,.",.," /,-~' ,-- ..-~ :;. .. (, " - '" ¡..; '!t -,::;' 'j FI .i 07/09/99 FZABWARR ST. LUCIE COUNl'Y - BOARD W~IST 1141- 03-JUL-99 TO 09-JUL-99"'" FUND: 001123- FEMA/DCA-Local Hazard Mitigation CHECK INVOICE VENDOR 00245710 99029337 Treasure Coast Regional Planni 99029339 ( , ~ CHECK TOTAL: FUND TOTAL: ~..._, ._---,,--.~" TOTAL 36,493.00 27,370.00 63,863.00 63,863.00 »' PAGE 10 07/09/99 ST. LUCIE COUNTY - BOARD W~IST 1141- 03-JUL-99 TO 09-JUL-99-.....1 FZABWARR ("" FUND: 001236- TDC Non-Sponsored Trip Grant 98/99 \ CHECK INVOICE VENDOR TOTAL 00245553 99029493 Council On Aging of St Lucie I 9,890.00 99029494 6,600.00 CHECK TOTAL: 16,490.00 00245684 99029537 St Lucie Co Board Of Commissio 857.48 99029538 1,649.00 CHECK TOTAL: 2,506.48 FUND TOTAL: 18,996.48 ¡ 1R"" \Z-.-. '_;r r::. ¡" , \'; ~ r. i ;.! -- ~¡ ,. I t" PAGE 11 --~.- --,...,...-~~,,----~~;~j!"~'~~-~~"~~~!~'~'~~ .~ ¡;¡.*-""'!<.._.....~.. '<f'c ,~__..".~~.....~~,':t.~,...~:."'.:'.."'r.:.."~'''___,..:>-_Æ.';.-'"'"·....".,.".,. ',""i oJ' '.~,»-,_, .:,,,__,,:,,~,,,,~~~,_..,;,,>,~-,_~"''''''.;~':;<n'3..-0'·-~ ..... _, ...._ -C....,..._ ~_."._-- ',~"" -- í ' '.\ ~ '",' 07/09/99 ST. LUCIE COUNTY - BOARD FZABTJARR TJ~IST #41- 03-JUL-99 TO 09-JUL-99 ~ FUND: 001241- Ft. Pierce Inlet Boat Launch Area CHECK INVOICE VENDOR TOTAL 00245571 99029240 FedEx 23.00 23.00 FUND TOTAL: .. .. ~i> PAGE 12 07/09/99 ST. LUCIE COUNfY - BOARD PAGE 13 FZABVARR V~IST #41- 03-JUL-99 TO 09-JUL-99....., FUND : 101 - Transportation Trust Fund -.;i:,"';-= CHECK INVOICE VENDOR TOTAL 00245516 99029126 American Concrete Institute 165.00 00245542 99029531 Belcher, Chester 9.00 00245550 99029157 Cokes Stationers Inc 25.76 00245580 99029591 Fla Retirement System 28,984.64 00245592 99029532 Looney, Gerald 22.00 00245594 99029108 Haile-Dean 564.00 00245598 99029085 Helena Chemical Co 7,695.00 00245618 99029083 KT Mower & Equipment 453.45 99029101 47.70 CHECK TOTAL: 501.15 00245619 99029058 Kauff's Towing 1,125.00 99029061 160.00 CHECK TOTAL: 1,285.00 00245626 99029111 Lengemann Of Fla Inc 67.23 99029111 111. 41 r~ 99029111 52.09 "~:_;.J 99029111 112.91 CHECK TOTAL: 343.64 00245633 99029065 Manpower Staffing Services Inc 633.60 99029076 316.80 99029077 298.24 99029078 396.00 99029079 396.00 99029232 2,613.60 CHECK TOTAL: 4,654.24 00245702 99029098 Hogan, Todd 180.00 00245714 99029068 U S Cellular 6.25 FUND TOTAL: 44,435.68 ~.",,-<=j ~ ~ » 1"_- ,_',.T"'-,__' "'_. If .,_ 4>.'"- b.'~¿t,j:"l ~,.¡,,¡.~ 'o'P:f.~~,YI 'liJYJ"'!I'~,1I';F 7.....-VT mil( ~,._--_I'..'-~ . ..,.".~,a~"''J!õ<'\:...;y¡o..~~~..;¡¡;¿~,;o,.~'f~,,¡,µ,;;&~-~,,"~'.'[¡''-~''';'7:-~.~__..-,..._._"CC''-,........-;.;,-~,...."",~ . __.___ _,,_m ". {~~ / ..< (_::_-',' ,- ~ \:'"f~ ~ 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 14 FUND : 101001- Transportation Trust Interlocals W~IST #41- 03-JUL-99 TO 09-JUL-99 """" FZABWARR CHECK INVOICE VENDOR ,J 00245520 99029555 Ardaman & Associates Inc 00245558 99029193 Dickerson Florida Inc. 99029194 CHECK TOTAL: 00245708 99029082 Treasure Coast Abstract & Titl 99029082 CHECK TOTAL: FUND TOTAL: * TOTAL 351. 00 14,112.20- CREDIT MEMO 1,654.36- CREDIT MEMO 15,766.56- 1,438.50 350.00 1,788.50 13,627.06- 07/09/99 :'Ì !'I FZABVARR ST. LUCIE COUNTY - BOARD VARRAVJ:ST #41- 03-JUL-99 TO 09-JUL-99...., (':'~ FUND: 101002- Transportation Trust/80% Constitut --~- CHECK INvOICE VENDOR TOTAL 00245558 99029185 Dickerson Florida Inc. 120,000.00 99029189 7,009.77 99029192 14,112.20 CHECK TOTAL: 141,121.97 00245624 99029084 Kimley Horn & Associates Inc 79.80 99029084 454.50 CHECK TOTAL: 534.30 FUND TOTAL: 141,656.27 .., ~"..,:".,-, V:·~ '. '~~.:.~'~; """"~" (~'......,,~ ~~;,,~::~~ #.~:;~;"":!~i" ,è c,'~::~~¥i,~;,;' gf,~ ~,;\~,;, l:~ -- :'. ~.r~~.,:,- r. _ ... _~) T. ~ "".'_ -? "" .'ë~~ ,,' .-,.:.,.......- PAGE 15 ¡:L_"_~·:·>. ( ~ ~~- , ' \" - ""...,," 07/09/99 ST. LUCIE COUNTY'- BOARD FZABYARR Y~,IST #41- 03-JUL-99 TO 09-JUL-99 ~ FUND: 101003- Transportation Trust/Local Option CHECK INVOICE VENDOR TOTAL 00245558 99029188 Dickerson Florida Inc. 14,889.29 99029190 1,654.36 CHECK TOTAL: 16,543.65 00245561 99029578 Dunkelberger Engineering & Tes 226.00 00245624 99029100 Kimley Horn & Associates Inc 2,265.00 FUND TOTAL: 19,034.65 .- --.. -_..._-~ PAGE 16 n,-¡.¡,.",.=~F",~;.,;;,;~~~~~~~1'~-"""'-':- -' .~-.-."",." _ .._-~-_. ._,.--~.'-.-.-''';:o:--,...,--_ ,-~___ r- \,"'^'''''''' / I, ~' 07/09/99 ST. LUCIE COUNTY - BOARD FZABWARR WARRAl\..LIST #41- 03-JUL-99 TO 09-JUL-99 ..." FUND: 101006- Transportation Trust/Impact Fees CHECK INVOICE VENDOR TOTAL 00245520 99029127 Ardaman & Associates Inc 1,275.00 2,390.00 00245566 99029209 Becht, Edward W FUND TOTAL: 3,665.00 *, ----~-......---_.~-~--- ..,-- u..___" ..~_..w_. ~." .~...__.. PAGE 17 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 18 FZABWARR WARRMww:ST /141- 03-JUL-99 TO 09-JUL-99 .." FUND: 102 - Unincorporated Services Fund CHECK INVOICE VENDOR TOTAL 00245541 99029119 Thole, Cheryl 56.26 00245555 99029167 Daves Communications Inc 42.00 00245568 99029212 Equifax Credit Information Srv 28.25 00245569 99029210 Everything Personalized Inc 4.20 99029210 13.20 99029213 5.40 CHECK TOTAL: 22.80 00245571 99029240 FedEx 43.75 00245580 99029591 Fla Retirement System 11 , 350.81 00245608 99029372 Jancy Pet Burial Services 38.50 00245633 99029211 Manpower Staffing Services Inc 207.40 99029220 414.80 CHECK TOTAL: 622.20 00245661 99029050 Price Point Supply Co 155.00 00245674 99029075 Service Garage Fund 162.14 ~~~.~ ~- ~ ,. - _J FUND TOTAL: 12,521. 71 ~~~ _. i~'f!'~,~-:,¡.;~ '.., ;:'_:::"j:~'1ê';A.,~ <-',J ~ j--'>'~";: ~T'¡¡,~-~:;~~?o:.~.~_f-__-.-': lUiI'_ f. ~..~~J"~''''''Ý~~,l ,.~J_;~-IrI.ï.-~_""'T .-nll''.J".......~.........~~~,.....".·-t'"''''-'''' - . _.~ -"'. ~ "-..~.~ V-I 07/09/99 ST. LUCIE COUNTY - BOARD II!! FZABTJARR TJ~LIST 141- 03-JUL-99 TO 09-JUL-99,-, H '"I FUND: 102001- Drainage Maintenance MSTU II ~ , CHECK TûTAL INVOICE VENDOR ~ ... 00245580 99029591 Fla Retirement System 00245619 99029059 Kauff's Towing 963.42 140.00 .~ .... FUND TOTAL: 1 , 103.42 ..';;.,: ... - ~ ""', ~ I ~ .~ '" "" " .... .. ¡ ! " f? !!~ ~ -. PAGE 19 07/09/99 ST· LUCIE COUNTY - BOARD PAGE 20 FZABTJARR TJ~ST 1/41- 03-JUL-99 TO 09-JUL-99 """" / FUND: 105 - Library Special Grants Fund ~, CHECK INVOICE VENDOR TOTAL 00245526 99029563 Baker & Taylor Inc 1,621.50 00245534 99029573 Brodart Company 42.95 99029577 12.64 CHECK TOTAL: 55.59 00245580 99029591 Fla Re ti remen t System 601.80 00245633 99029318 Manpower Staffing Services Inc 136.00 FUND TOTAL: 2,414.89 '"-. /~~ ~ - , . . . .- -:"'."~-,~:~~~.,~-. .--- _ ·___""'T_·_'n._',.._.~_'" '-- ~- 07/09/99 Sf LUCIE COUNIT - BOARD PAGE 21 '-' ....., FZABWARR WARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 FUND : 107 - Fine & Forfeiture Fund ~- , CHECK INVOICE VENOOR TOTAL 00245518 99029543 Apple Industrial Supply 11. 91 99029547 41.85 CHECK TOTAL: 53.76 00245523 99029558 Auto Lock & Key-Gardner Bros 45.00 00245525 99029134 B&B Industrial Supply 99.67 00245527 99029289 BellSouth 1,495.66 99029289 14,267.31 CHECK TOTAL: 15,762.97 00245550 99029152 Cokes Stationers Inc 10.92 99029154 54.28 CHECK TOTAL: 65.20 00245555 99029166 Daves Communications Inc 830.00 00245580 99029591 Fla Retirement System 18,621.45 00245602 99029308 Hughes Supply Inc 2,470.00 99029366 6.59 CHECK TOTAL: 2,476.59 .. ~J 00245609 99029042 Hazellief, Jeannie 595.00 \ ' , , - roO 00245611 99029043 Jiffy Photo Center Inc 24.90 r- 99029044 4.47 CHECK TOTAL: 29.37 00245612 99029224 JoAnne Holman Clerk of Circuit 2,445.30 00245614 99029236 JoAnne Holman Clerk of Circuit 50.00 00245615 99029214 JoAnne Holman Clerk of Circuit 364.15 99029215 371.45 99029216 164.55 99029217 725.85 , 99029218 21.56 99029219 202.80 99029221 444.55 99029222 332.85 ~ CHECK TOTAL: 2,627.76 ..., 00245616 99029585 John Bush Fire Protection Inc 150.00 ." 00245617 99029374 Johnstone Supply of Fort Pierc 98.53 ¡., r, /:,' c"',, M ~ .' .""_.,,;~__~~,~~~...:<;,;._.;....~~,,,,-"-,-<,-"¡.~:. _r .-.' -- 07/09/99 S1' LUCIE COUNTY - BOARD PAGE 22 '-' '-" FZAB~ARR VARRANT LIST 141- 03-JUL-99 TO 09-JUL-99 FUND: 107 - Fine & Forfeiture Fund -, _. CHECK INVOICE VENDOR TOTAL (ö:' 00245617 99029375 - Continued 24.36 CHEO< TOTAL: 122.89 00245633 99029067 Manpower Staffing Services Inc 348.00 00245634 99029170 James, Maria 5.96 00245639 99029047 Medical Record Services Inc 23.24 99029048 12.51 CHEO< TOTAL: 35.75 00245645 99029176 New Horizons Of Treasure Coast 7,237.50 99029178 2,333.33 CHEO< TOTAL: 9,570.83 00245656 99029354 Gollnick, Peggy 21.00 99029356 129.50 CHECK TOTAL: 150.50 00245663 99029477 R&R Corporate Systems Inc 2,083.33 99029481 2,083.33 99029488 2,083.33 ;¡¡ 99029491 2,083.33 99029496 521.00 CHECK TOTAL: 8,854.32 " 00245666 99029045 Mora, Phd, Ralph 650.00 99029046 650.00 CHECK TOTAL: 1,300.00 00245667 99029277 Registry Resort 396.00 00245674 99029286 Service Garage Fund 66.00 00245676 99029359 Flinn, Sheila I 122.50 00245682 99029358 Southern Security System of Ft 68.00 FUND TOTAL: 64,892.82 !' -, lv 4 à' ~ , J ~ ~ _n--.--.--.- - " 07/09/99 S'T' LUCIE COUNTY - BOARD PAGE 23 '-" """'" FZABVARR VARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 ..1,t.;;....(?¡, FUND : 140 - Port & Airport Fund ~ ., CHECK INVOICE VENDOR TOTAL 00245565 99029208 Economy Chemical Co Inc 30.85 ., 00245571 99029240 FedEx 13.25 00245572 99029241 FedEx 7.75 if' 00245574 99029530 Fla Airport Managers Associati 295.00 00245578 99029242 Fla Power & Light 22.67 00245580 99029591 Fla Retirement System 2,298.36 '" 00245585 99029254 Ft Pierce Utility Authority In 7.69 00245599 99029172 Michalowski, Henry 162.00 00245601 99029174 Home Depot 23.28 00245605 99029041 Yard, Inez 35.73 .,. 00245619 99029057 Kauff's Towing 420.00 00245629 99029181 Lewis Longman & Valker PA 4,700.50 "1 r:Jf.; 00245649 99029483 Overhead Door Of St Lucie 85.00 00245672 99029235 Andrews, Samuel T 180.00 '" 00245680 99029490 Southern CUlvert Vheeler Conso 334.00 00245689 99029520 St Lucie Paper & Pkg Inc 29.15 00245696 99029322 Sunshine Uniform Serv 19.24 00245700 99029278 The Vorld Golf Village Resort 99.00 00245718 99029528 Vistana 645.00 FUND TOTAL: 9,408.47 " :, tt~:': -' _ ,.__....-.,..._..,.,-.,_ ,._nn,._,'.'" ~ >-"-:~----;;-:~"._~.._ 1I.)J_ðillllV.r~<.'~~·;;,';'''''''<o:,::-:·-="",-,-''--'--~a'''''~.'r-'''·'''-:",''''''~'~·''-~-''''· ..-. ....-.'-,-~--~--".._--_._"-- ____~.~.~.....".....,",..,.,...,...~,..,¡........~..~_. III, 07/09/99 FZABYARR S" LUCIE COUNTY - BOARD '-' ...." YARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 :'-id'<';~-7~ FUND: 1-+0270- DOT-Land Acq Airport Exp Phase 1 &2.... TOTAL .~;:~.." CHECK INVOICE VENDOR 00245579 99029406 Fla Property Consultants Group FUND TOTAL: 2,500.00 2,500.00 c ~ '" _. . . _,', .'_ --'~~·~,""-"""·:',,:·.7~'::·:··~.: ·,v>~~:"·_ ""'"~':.-:_'_"':>:J-,'" >,;;':"'L .. ~,.~'''''''''''''-''''''~-''''''--'.~-'''---'''''';''''''~''''-~..,.. ',-'.~ PAGE 24 ~.___.__._~. __.... _"__"C' ..__ -- 07/09/99 sm LUCIE COUNTY - BOARD PAGE 25 ....... ...." FZABTJARR TJARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 FUND: 145 - Mosquito Fund :.'-'.-< ....,..".,. CHECK INVOICE VENDOR TOTAL 00245511 99029123 Adapco Inc 554.40 00245519 99029129 Apple Machine & Supply 548.29 00245536 99029089 CC Lynch & Associates Inc 266.85 00245543 99029146 Clarke Mosquito Control Produc 6,200.00 00245549 99029148 Click Film Processing 21. 29 99029150 4.04 CHECK TOTAL: 25.33 00245578 99029248 Fla Power & Light 37.15 , , 99029522 37.50 99029523 211.36 99029524 477 .81 99029525 9.55 CHECK TOTAL: 773.37 0):" 00245580 99029591 Fla Retirement System 7,204.00 ., 00245585 99029252 Ft Pierce Utility Authority In 766.06 ~ii 99029253 925.90 99029255 1,705.08 99029256 2,105.04 99029257 1,786.05 ".;. 99029258 2,181.17 CHECK TOTAL: 9,469.30 00245619 99029052 Kauff's Towing 200.00 99029056 160.00 CHECK TOTAL: 360.00 00245682 99029060 Southern Security System of Ft 20.00 00245683 99029051 St Lucie Battery & Tire Inc 535.71 00245721 99029183 TJarren Uniform Co 3.20 99029184 58.35 CHECK TOTAL: 61.55 00245723 99029054 TJireless Broadcasting Systems 5.95 FUND TOTAL: 26,024.75 ,~. /~/;.~,:rt.'- !"'" '-" ¡,;;; t:~ ~ ; r,-' ti; *, . ---''':"'-:..:~.'.--''-'''''." -~-.:._.__. ---'~~-'----~,.,~...-' --- 07/09/99 - FZABYARR " , S'" LUCIE COUNTY - BOARD ~ ~ YARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 CHECK FUND: 145810- 98-99 SYIM Imp. VIII Restoration ,,~ INVOICE VENOOR TOTAL 00245519 99029239 Apple Machine & Supply ..,. ~"'.....""¡ 2,128.00 FUND TOTAL: 2,128.00 .' PAGE 26 ~~i!: 7 J!' t::::7 07/09/99 ST LUCIE COUNTY - BOARD '-' ...., WARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 FZABWARR FUND: 160 - Plan Maintenance RAD Fund CHECK INVOICE VENDOR TOTAL 00245550 99029151 Cokes Stationers Inc 99029153 35.61 11.01 46.62 CHECK TOTAL: 00245580 99029591 Fla Retirement System 646.42 FUND TOTAL: 693.04 - PAGE 27 .. 07/09/99 S'J' LUCIE COUNTY - BOARD '-'" ...., vARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 FZABVARR ~ . FUND: 170 - Court Facilities Fund {£~-;~ ~ CHECK TOTAL INVOICE VENDOR ~ 00245519 99029554 Apple Machine & Supply 00245563 99029197 East Coast Lumber Supply 99029199 99029202 99029205 99029580 99029582 99029584 99029586 282.90 17.98 109.08 213.36 42.00 27.90 0.96 2.48 696.66 650.00 " CHECK TOTAL: FUND TOTAL: 1,346.66 P> ~ ~ ~I \..,.":; ~.~-,> ~ .. ~ -- . ~___..,......,..,.,......_.......,..;;;;,~..........:""....__ _......'~~~,;~"i¡;:,.,,,.~-~--:;-.':;-;.::."'I~-,..,... ,. PAGE 28 -.-..' ;~.~~----~~- 07/09/99 FZABVARR ~ FUND : 182 - EnvironmentaJ., Land Acquisition Fund_ CHECK ST LUCIE coUNTY - BOARD '-' ..",,; VARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 INVOICE VENDOR TOTAL 00245580 99029591 Fla Retirement System ~ 470.92 FUND TOTAL: 470.92 à' ..~--- -.'---'~" PAGE 29 ;...; ~'-:;~::'. .., .. 07/09/99 FZABTJARR S~ LUCIE COUNTY - BOARD W' ~ TJARRANT LIST #41- 03-JUL-99 TO 09-JUL-99 ';'0.. FUND: 183 - Ct Administrator-19th Judicial Cir ~ '" ..,. ~ I ~, "" r' ~. .. - " .. .. .., e~ CHECK INVOICE VENOOR TOTAL 00245580 99029591 Fla Retirement System "' -, . ~. ".__.~ ... FUND TOTAL: 1,277.94 1,277 . 94 - ;i;"':::"~:-;:::~~~~_-r.~"'~~""""'.-",,""""~~.J"'-.- Pill "I'Tr,~:",~...--,....,._.;..,......._.~,,·_-_-·-r-~-"' PAGE 30 ~ I"-;~ 07/09/99 S~ LUCIE COUNTY - BOARD '-" w WARRANT LIST #41- 03-JUL-99 TO 09-J01-99 FZABWARR - FUND: 183001- Ct Administrator-Arbitration/Mediat INVOICE VENDOR -- ;' ~':~"~:"'-, """,'" ..... ~-: ~ ~. \.;'..... ·,.i '" ,,',. ..')..' «C· CHECK TOTAL 00245580 99029591 Fla Retirement System 685.37 8.80 4.39 4.39 17.58 702.95 00245714 99029064 U S Cellular 99029064 99029064 CHECK TOTAL: FUND TOTAL: » -. PAGE 31 ~ ,.. 'I! ~," .. " ~ ~ 07/09/99 FZABVARR ST LUCIE COUNTY - BOARD V~LIST 1141- 03-JUL-99 TO 09-JUL-99 ...." FUND: 183004- ct Admin.- Teen Court CHECK INVOICE VENDOR TOTAL 00245580 99029591 FIa Retirement System &:'. "<::;¡."'"'~~J_". ';",tI:~ 295.32 295.32 FUND TOTAL: ..' ---+-,~--....,-, PAGE 32 07/09/99 FZABVARR S'.T' LUCIE COUNTY - BOARD ~ ...., VARRANT LIST 141- 03-JUL-99 TO 09-JUL-99 PAGE 33 .. ~C, FUND: 183204- Court Reporter Grant-In-Aid 98/99 CHECK INVOICE VENDOR TOTAL 00245647 99029284 Office of the State Courts Adm 169.07 FUND TOTAL: 169.07 ~ ">""} .- ,- -"'P.._,~,..__.--- __,n. .._~".,~~.,., '. ._----~.."",..,.....""'-.....,;..~~--,~~~-"';:::-:-.'"....'-~._. , 07/09/99 S'J' LUCIE COUNTY - BOARD V~LIST #41- 03-JUL-99 TO 09-JUL-99~ ~ FZABTJARR r~: !'" ,~ FUND: 183206- FDJJ-Teen Court 98/99 CHECK INVOICE VENDOR TOTAL ::.. Rt 00245580 99029591 Fla Retirement System FUND TOTAL: 374.56 374.56 l'\<' . - ~! ~"! ¡ (:<:~=} ~ ~ ;< ~ à-' PAGE 34 ;~~""<-;.~ ~. .. ;"'0: ~, "1 ¡ 07/09/99 FZABTJARR ST. tUCIE COUNTY - BOARD TJ~LIST #41- 03-JUL-99 TO 09-JUL-99 "WIll FUND: 184 - Erosion Control Operating Fund CHECK INVOICE VENDOR TOTAL 00245580 99029591 Fla Retirement System 00245581 99029338 Fla Shore & Beach Preservation 00245582 99029173 Fla Shore & Beach Preservation 00245635 99029171 Marriott 656.20 750.00 275.00 220.00 FUND TOTAL: 1,901.20 -.' -:-N"'''-7'~_'''''''''~'''''·:···_·'· w___c-_,..___··_o...·._ ~~. ~ ·~~Jl!".__tO ,... t4 ,,",l'~_L'¥!"~ .~;_"'_...'i-~r..: l'·!~""i/iI:""~"">'"'~;f'.-"""""'""·"':"':'-~~""""~ -AI"!,r-"'" ".TY PAGE 35 """"f~~'171"""",~_"ðõ~;;,~",",¡-~""~f-""~'~-"~ --- 07/09/99 ST. LUCIE COUNIT - BOARD V~ST :/141- 03-JUL-99 TO 09-JUL-99 ...., FZABVARR ......... FUND : 185202- FHFA- SHIP 97/98 - .,.,.' ..~... CHECK INVOICE VENDOR TOTAL 00245573 99029485 First American Title Company 6,291.76 00245688 99029545 St Lucie Habitat For Humanity 4,701.00 99029588 2,906.13 CHECK TOTAL: 7, 607 . 13 FUND TOTAL: 13,898.89 " ~i ~,.,:' ~ .- PAGE 36 ~ r ~ ~',","''\ ;,:.7·~:·r:·~1 ,.:.. . j ".---~ I~:.. \...... ' -'." ,'- '~..'... ~"'--' .~ . 07/09/99 FZABWARR ST. LUCIE COUNTY - BOARD W~LIST 141- 03-JUL-99 TO 09-JUL-99 ....,¡ FUND: 185203- FHFA-SHIP 98/99 ~j........ CHECK INVOICE VENOOR 00245573 99029485 First American Title Company 00245580 99029591 Fla Retirement System 00245688 99029560 St Lucie Habitat For Humanity FUND TOTAL: TOTAL 8,299.80 202.80 6,849.87 15,352.47 - ~._-~__ ''''''.';~~~r:::7'''~''''_:::;-~~';~;~~;-)'' ,;4,.~,_: -c,~_,';,~'';'"",, ~~,.. -~~. ~''''~1''-;: J. ,:,";.. _ " _~"_. ~1!"'--.",.,,......-...-....~..,. - PAGE 37 !'" 07/09/99 -- r~ FZABVARR ST. LUCIE COUNTY - BOARD V~LIST t!41- 03-JUL-99 TO 09-JUL-99 """" ""I FUND: 186 - Recycling Operating Fund '.J ~ , :-.~ .........~... VENDOR CHECK INVOICE ~ 00245580 99029591 Fla Retirement System FUND TOTAL: ."",~ ~. I"IIF , ' ...... :'9 :_j c ..¡ .. ~1 .' " .' TOTAL 439.12 439.12 - PAGE 38 -- 07/09/99 FZABVARR ~ ST. LUCIE COUNTY - BOARD V~IST #41- 03-JUL-99 TO 09-JUL-99 .~ FUND : 186202- DEP-Recycling & Education 98/99 ,~ ~~ CHECK INVOICE VENDOR TOTAt 00245580 99029591 Fla Retirement System 146.36 00245601 99029363 Home Depot 23.81 00245722 99029317 Veisenbach Specialty Printing 1,975.00 FUND TOTAL: 2,145.17 f:: ~ C'~' . ,;'.':<,."-'~ :~ .....~J..~ , , ~ -- '<.,..,....-.....--"...,......"...,,-. - PAGE 39 .. - FZABTJARR ST. LUCIE COUNTY - BOARD TJARRA~'LIST #41- 03-JUL-99 TO 09-JUL-99""" PAGE 40 '" 07/09/99 -i~ FUND: 242 - Port 1&5 Fund ~ CHECK INVOICE VENOOR TOTAL ~ FUND TOTAL: 88,126.28 88,126.28 V9906281 99029476 The Bank of New York Trust Com 1f -~ ,Cr,! .',-- ~ ,- ,.," h ;:¡¡ ;'.- .''''' '.. ::~ .' "!I!I -~'. 7<. (,,-... _.,'¡ L_...j ..... Ê_ -- --~..."'--- ...-.._::"".r,~~~~,;:;:$~;':III!"""",:'~;-~~~'~-;~"~~"''''-~''''''-'·-''''''''-''''-~;'>'........)."'.."...''',.,....._'- 07/09/99 FZABVARR ST LUCIE COUNIT - BOARD V~UST #41- 03-JUL-99 TO 09-JUL-99 ...,; FUND: 315 TOTAL ~-~, CHECK - County Building Fund INVOICE VENDOR 00245678 99029355 Sims Vilkerson Engineering Ine '. ("";': . """,,:1 ~ ~i 3,515.00 FUND TOTAL: 3,515.00 à' --'"~~-- --~----_.-, - PAGE 41 "" 07/09/99 FZABVARR ST. LUCIE COUNTY - BOARD , , , ,,-,,, ...." VARRANr LIST #41- 03-JUL-99 TO 09-JUL-99 ;1:::'" FUND: 316 - County Capital -, .. :p ~! ft' ~ " ~ ~1 ~ CHECK INVOICE VENDOR 00245504 99029540 A-1 Vhite'S Vater VeIl Drillin 00245533 99029138 Boynton Pump Of Ft Pierce 99029138 CHECK TOTAL: 00245690 99029521 Stebbins & Scott FUND TOTAL: . .,'-'''. - ,l!' '. """ '-'''I> ::~'~:':~?'~~:'>'~J '~,.J~~~_.~.ç. , . ~ ~ i<:.;r:,. ',:,,?' .. .'>~'''''--' .- TOTAL 2,250.00 1,870.02 26.00 1,896.02 6,000.00 10,146.02 .- . .!!:f'T"~'_ . J "._~ PAGE 42 ,- . .;;"" - .. '1 .. "" .. II 1 t !!I eI .. ~ ~, ~W 4 1 07/09/99 FZABYARR ST. LUCIE COUNTY - BOARD Y~LIST 1141- 03-JUL-99 TO 09-JUL-99"'" FUND: 338 - Anita Street Capital Fund CHECK ',J INVOICE VENDOR TOTAL 00245640 99029094 Metal Culverts Inc it FUND TOTAL: 2,162.60 2,162.60 à' -- -- PAGE 43 .' '-"""~"'_Þ·'W.''----'-'_'~'~ '",~,~"""",,,,,,,,-,_~,__._._..,_...< 07/09/99 ST LUCIE COUNTY - BOARD PAGE 44 FZABVARR V~LIST #41- 03-JUL-99 TO 09-JUL-99~ r'o" FUND : 401 - Sanitary Landfill Fund :." .~ CHECK INVOICE VENDOR TOTAL 00245524 99029023 Automated Service Fund 5.00 99029028 1,545.00 CHECK. TOTAL: 1,550.00 00245531 99029136 Boren, Billy 162.00 00245570 99029331 Fire Equipment Services Inc 227.00 00245580 99029591 Fla Retirement System 8,694.76 00245591 99029345 Genuine Parts Company 80.02 99029352 45.76 99029353 2.68- CREDIT MEMO CHECK. TOTAL: 123. 10 00245598 99029368 Helena Chemical Co 399.50 00245611 99029373 Jiffy Photo Center Inc 44.50 00245622 99029103 Kelly Tractor Co 45.96 99029106 80.15 CHECK. TOTAL: 126.11 @~ 00245627 99029401 Cordeiro, Leo 6.00 ...·;;:'(~::·:·,i ........ --J ~;5j 00245633 99029066 Manpower Staffing Services Inc 653.40 00245643 99029362 Nabors Giblin & Nickerson 3,567.06 00245693 99029526 Sunrise Ford Inc 157.29 . 00245713 99029335 Turner Industrial Supplies 2.36 99029336 135.50 CHECK TOTAL: 137.86 FUND TOTAL: 15,848.58 ~ ~ r:ii..-,z· '-=-" .. ¡ ! .' '~.'.' :;~.'" ~~Ä~:-';~,'Jr]ç:~~' ,,~ ':':~?"r:K¡;::r,~ ,'(;~:~. :.,;",:r/';'_'ft<~-'··~·J:;>; ~~~,-~",":~..~......,~.--'ê ("'" - _:~ :\, ~~~/ ~ '1 c ,~ ¡-};.;.-:::.:;::~~ '0' 07/09/99 ST. LUCIE COUNTY - BOARD V~LIST #41- 03-JUL-99 TO 09-JUL-99 ~ FZABVARR FUND: 401217- DEP-Vaste Tire 98/99 CHECK INVOICE VENDOR TOTAL 00245650 99029536 Overland Services Inc 2,107.50 2,107.50 FUND TOTAL: .' ~~~~"""""""~~_,_"""_,,,,,_'O:t"""'.'''''''''''''- ~,,,"~..........,,........---~- PAGE 45 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 46 ... Y~LrST #41- 03-JUL-99 TO 09-JUL-99 ...., FZABYARR FUND: 418 - Golf Course Fund t~ CHECK INVOICE VENDOR TOTAL 00245559 99029590 Division Of Alcoholic Beverage 68.86 00245580 99029591 Fla Retirement System 5,082.32 00245585 99029250 Ft Pierce Utility Authority In 584.41 99029251 5,246.27 CHECK TOTAL: 5,830.68 00245586 99029340 Futai (USA) Ine 103.05 00245597 99029370 Hector Turf Ine 281. 42 00245628 99029097 Lesco Inc 33.70 00245633 99029073 Manpower Staffing Services Inc 871. 77 99029223 1,067.98 CHECK TOTAL: 1,939.75 00245659 99029365 Port Petroleum 410.27 99029367 535.94 99029369 535.94- CREDIT MEMO CHECK TOTAL: 410.27 00245662 99029320 Professional Golf Car Corp of 35.75 99029478 386.61 CHECK TOTAL: 422.36 00245673 99029316 Sears Roebuck & Co Commercial 211. 05 00245683 99029334 St Lucie Battery & Tire Inc 11. 90 00245715 99029113 United States Golf Association 17.95 00245721 99029115 Yarren Uniform Co 2.87 99029115 46.40 99029117 3.92 99029117 46.40 99029118 3.92 99029118 41.73 CHECK TOTAL: 145.24 FUND TOTAL: 14,558.55 i ~ .- ,-_.-..,_...-----..-~ - - . ----:~-.~...._-.--..",~:~. '" 07/09/99 ST. LUCIE COUNTY - BOARD FZAÐYARR Y~ST #41- 03-JUL-99 TO 09-JUL-99 ~ FUND: 421 - H.E.Y. Utilities Fund r...> CHECK INVOICE VENDOR TOTAL 00023666 99029507 St Lucie Co Board Of Comrnissio 8.79 99029507 2.05 CHECK TOTAL: 10.84 FUND TOTAL: 10.84 t·~ ." ·1 , ~ ~~;} -~ ~ ., -. '-·-F - PAGE 47 n :11,.__'., ,fll 07/09/99 ,~ FZAB'irlARR FUND: 441 _....,.;.~.' ,;. CHECK ST. LUCIE COUNTY - BOARD 'irl~LIST #41- 03-JUL-99 TO 09-JUL-99 .."" - North Hutchinson Island Utilities INVOICE VENDOR TOTAL 00023666 99029507 St Lucie Co Board Of Commissio 99029507 ,., -,' qt .'~ ' ..To,?" ~ , (;';1 , .. ~ .' ..~ . ~: 146.36 34.25 180.61 CHECK TOTAL: FUND TOTAL: 180.61 -- PAGE 48 07/09/99 ST. LUCIE COUNl'Y - BOARD PAGE 49 '" '" FZABTJARR TJARRAh-1.IST 141- 03-JUL-99 TO 09-JUL-99 """" ~~;:;~-;'''' FUND : 451 - S. Hutchinson Utilities Fund CHECK INVOICE VENDOR TOTAL 00023665 99029495 Fla Power & Light 28.53 ... 99029497 27.21 99029499 35.63 -, 99029502 46.71 99029504 84.43 ~ 99029506 20.62 99029509 46.77 99029510 28.16 99029511 21.80 99029513 93.77 99029514 12.02 99029515 34.45 CHECK TOTAL: 480. 10 00023666 99029507 St Lucie Co Board Of Commissio 137.59 99029507 32.17 CHECK TOTAL: 169.76 FUND TOTAL: 649.86 ,. .. ~; {--¿~~,~!~7'i::, \¡.' "-','.",- ~j ! ; " .. -. :","","c '~'>7,~6¡~~:;'f-~"f>::-;,F.f; , ;.~ Y·c.:";;:·;..", ·¡::··,;.>j~;;;';"':~~~:';i'--_.¡ ' ,; . ',~ 07/09/99 ST. LUciE COUNTY - BOARD pAGE 50 FZABVARR V~UST 141- 03-JUL-99 TO 09-JUL-99 ..." '" FUND : 461 - Sports Complex Fund CHECK INVOICE VENDOR TOTAL :.,., 00245508 99029293 AT&T 2,856.17 00245518 99029128 Apple Industrial Supply 0.98 ":11 99029546 7.29 CHECK TOTAL: 8.27 00245519 99029130 Apple Machine & Supply 3.02 . 00245564 99029206 Eas t Coas t Sod 600.00 99029207 422.56 CHECK TOTAL: 1,022.56 00245578 99029313 Fla Power & Light 2,424.03 99029314 10.24 99029589 8,768.41 CHECK TOTAL: 11 ,202. 68 00245580 99029591 Fla Retirement System 3,007.30 00245587 99029341 Gator T's 800.00 00245591 99029342 Genuine Parts Company 16.54 99029347 7.92 Æ~;?;-.. CHECK TOTAL: 24.46 i \ - "; 00245628 99029376 Lesco Inc 7.98 00245633 99029071 Manpower Staffing Services Inc 354.00 99029072 1,376.19 99029074 457.44 99029091 424.80 99029093 70.80 99029230 995,63 99029273 70.80 99029276 435.68 ~ CHECK TOTAL: 4,185.34 00245646 99029033 Office Products & Service Inc 34.56 00245654 99029283 Parkway Research Corp 705.00 00245677 99029179 Sheriff St Lucie County 702.00 00245679 99029038 Sonny & Vito's Sporting Goods 141.00 00245683 99029116 St Lucie Battery & Tire Inc 38.12 *, ~ ("'7\ _,;",~-i ~'£;;W ~ <~~" í ~ "- j ¡ j -- ---- 07/09/99 ST - LUCIE COUNIT - BOARD TJ~LIST #41- 03-JUL-99 TO 09-JUL-99 ..." FZABTJARR FUND: 461 - Sports Complex Fund CHECK INVOICE VENDOR '.1 TOTAL 00245684 99029030 St Lucie Co Board Of Commissio 99029031 99029032 99029034 99029035 55.65 42.24 57.12 63.36 49.32 267.69 CHECK TOTAL: FUND TOTAL: 25,006.15 .- PAGE 51 -- FZABVARR ST. LUCIE COUNl'Y - BOARD V~LIST 141- 03-JUL-99 TO 09-JUL-99 ,..", PAGE 52 07/09/99 FUND: 491 - Building Code Fund , , ......., CHECK INVOICE VENDOR TOTAL 00245517 99029399 Prestridge, AnneF 00245539 99029081 Cangianelli, Charles 00245557 99029395 Bunt, Dennis 00245580 99029591 Fla Retirement System 00245674 99029075 Service Garage Fund 00245689 99029055 St Lucie Paper & Pkg Inc 00245697 99029080 Moorehead, Susan L FUND TOTAL: 54.00 71.50 54.00 4,754.37 254.80 74.56 56.40 5,319.63 ~ -- '"~ ~ "" '''I ..,. . ~:! ~ -- ....-,...,,~.~-,~_,~"'='...~~~jff"''''''''~'':.jIfiPI.. ¿ "'J'....,......~~*.J,','~..~ _'~"""""':¡¡-""',~.,," ...,.",,'W~~...- . -~.,_..~~- '-'~-'-".- 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 53 FZABYARR Y~UST 141- 03-JUL-99 TO 09-JUL-99""" FUND: 501 - Automated Services Fund , , ~J~IP.T CHECK INVOICE VENDOR TOTAL Q 00245506 99029238 ASAP Software Express Inc 857.93 00245507 99029274 ASI/Asia Source Inc 2,984.00 99029539 315.80 ¡fo CHECK TOTAL: 3,299.80 00245540 99029267 Satchwill, Charles 20.88 00245562 99029579 ESI International Inc 585.00 00245580 99029591 Fla Retirement System 18,523.01 00245606 99029371 Intergraph Corporation 1,864.00 .. 00245607 99029391 Oli ver, James 72.12 00245620 99029269 McCormick, Kelly 40.60 00245641 99029095 Midlantic Data Forms Inc 280.50 00245665 99029533 Radisson 162.00 ~ 00245698 99029270 Beavers, Suzi 54.81 .,.; 00245720 99029486 Vareforce Incorporated 90.05 ~ FUND TOTAL: 25,850.70 " '" 8 to; iI! .;¡. " .. .,~ ::-~'-~ ... ~ þ~ ,., ~. o f~,·..>"i!\,.,·. \.' oj .. '¿j!.' ~ ~ r'!'!' :~ "'" PAGE 54 07109/99 FZÀB\TAAA S'J', LUCIE COUNTY - BOARD ,,-, ...." \TARRANT LIST 141- 03-JUL-99 TO 09-JUL-99 FUND : 505 - Health Insurance Fund CHECK INVOICE VENDOR 00245638 99029498 McCreary Corp 99029501 99029503 99029505 99029505 99029505 99029505 99029505 99029505 99029508 99029508 99029512 99029512 99029512 99029512 99029512 99029512 99029512 CHECK TOTAL: FUND TOTAL: {¡~ ~ TOTAL 4,112.64- CREDIT MEMO 24.45 0.80 15,498.17 6,982.62 899.52 409.50 453.59 3,878.86 1,860.31 150.00 175,265.45 57,931. 31 56.41 16,331.16 41,289.44 295.96 26,518.70 343,733.61 343,733.61 -. -~-,..~,;~.. c' c">'.\ ~ ~"-"'.." .....-' .l , ·-··...~r,. 07/09/99 FZABT,lARR ST. LUCIE COUNl'Y - BOARD T,l~LIST #41- 03-JUL-99 TO 09-JUL-99 .."", FUND: 505001- Property/Casualty Insurance Fund TOTAL INVOICE VENDOR CHECK 00245706 99029294 Transportation Trust Fund FUND TOTAL: 940.00 940.00 à' PAGE 55 07/09/99 ST· LUCIE COUNTY - BOARD PAGE 56 FZABVARR V~LIST 141- 03-JUL-99 TO 09-JUL-99 ....., .-'!~c:_. FUND: 510 - Service Garage Fund / :;0- "~ CHECK INVOICE VENDOR TOTAL 00245510 99029489 Absolute Testing & Consulting 38.00 . 99029492 55.00 CHECK TOTAL: 93.00 00245512 99029542 After Hour Mobil Mower Rpr 60.00 99029544 91. 90 99029549 28.60 99029551 69.90 99029553 142.70 CHECK TOTAL: 393.10 00245519 99029550 Apple Machine & Supply 765.02 99029552 272.35 CHECK TOTAL: 1,037.37 00245522 99029131 Atlantic Truck Center 138.76 99029557 1,031. 94 99029559 97.85 99029562 69.95 ,> 99029564 19.04 99029566 4.00 99029568 355.90- CREDIT MEMO CHECK TOTAL: 1,005.64 i'! i ;.' 00245525 99029561 B&B Industrial Supply 36.76 00245528 99029570 Berggren Equipment Co Inc 113.72 00245530 99029460 Bill Shultz Chevrolet Inc 448.23 99029465 48.94 " 99029468 201. 88 99029470 21.95 99029472 196.25 99029473 45.95 99029474 19.95 99029475 182.94 CHECK TOTAL: 1,166.09 00245567 99029583 Elpex Inc 15.04 00245578 99029410 Fla Power & Light 222.50 99029411 176.89 CHECK TOTAL: 399.39 ~ 00245580 99029591 Fla Retirement System 3,438.99 00245583 99029417 Ft Pierce Alternator Service 57.00 '" ,~ ~. I ~ '-"" _. -'~'~~":,L ,_,4i~l-:;~_~::,,~~;;~~·~<r?£·'~,;:--!~·, ,-~ ':;""" ;;\, -,:\t"'_:~~'~:..~~~.'''- ;·:'-:·,":/,,~)7-~~~~~:?;;>:·"-- - ;,·t,'.;..··':; ~."'" ',- -, ,-, -- . . 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 57 FZABVARR V~LIST #41- 03-JUL-99 TO 09-JUL-99 ..." (á FUND : 510 - Service Garage Fund h'Y.~'-~C; . ) ~P:Jf~:ff CHECK INVOICE VENDOR TOTAL 00245591 99029275 Genuine Parts Company 985.00 99029350 15.20 99029378 68.26 99029379 11.14 99029380 31.33 99029381 2.79 99029382 3.12 99029383 39.20 99029384 10.76 99029385 168.01 99029386 50.41 99029387 79.62 99029388 6.70 99029389 5.95 99029390 23.88 99029392 5.95 99029393 1. 91 99029394 7.95 99029397 7.10 99029400 5.54- CREDIT MEMO 99029402 0.98- CREDIT MEMO 99029421 21.24 99029426 68.26 /"'-'-. 99029427 5.82 6 99029428 3.51 ,¡.:..~' 99029429 22.24 99029431 52.74 99029432 9.15 99029433 4.63 99029434 80.45 99029435 3.55 99029436 80.45 99029437 7.25 99029438 11. 76 99029439 68.66- CREDIT MEMO 99029440 34. 13- CREDIT MEMO CHECK TOTAL: 1,786.02 00245593 99029416 Goodyear Auto Service Center 68.23 99029418 54.07 CHECK TOTAL: 122.30 00245595 99029110 Hampton Battery And Elec 128.78 99029112 171. 50 CHECK TOTAL: 300.28 00245600 99029063 Hintons Radiator Service 1,110.75 i,,,<-;~, r:~:?;.>~... ~ .' ',' ,'-'-, , :b=~~"~ iJj).iIJ,~¡Al\!i.",,~:.--"-.....:-....··~··-., ..... ~- . -- ~"r-"~""'""','~,;""'r'-,""'><::·"''''''"","",,~'''~-''¡;>'''~,",,'-:'-'- 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 58 FzABVARR V.ARRAWuST #41- 03-JUL-99 TO 09-JUL-99""" - r'" FUND : 510 - Service Garage Fund r~ ~ ~ CHECK INVOICE VENDOR TOTAL 00245653 99029186 Palmda1e Oil Co Inc 1,062.39 99029187 38.06 CHECK TOTAL: 1 , 100.45 ,- 00245664 99029467 RC Automotive 28.00 99029469 28.00 CHECK TOTAL: 56.00 00245669 99029445 Rick Starr Lincoln Mercury 28.42 99029450 41. 30 CHECK TOTAL: 69.72 00245683 99029441 St Lucie Battery & Tire Tnc 515.00 99029455 269.00 99029471 18.50 ~ CHECK TOTAL: 802.50 00245699 99029480 The News 357.42 00245701 99029452 Thurmans of Ft Pierce Inc 139.95 00245712 99029454 Truck & Trailer Center Inc 59.55 C~' 00245721 99029516 Varren Uniform Co 1.84 . . ...~ -" ,j 99029519 27.22 ~-~~,~;,,. CHECK TOTAL: 29.06 FUND TOTAL: 13,690.10 _. ; " ç;,; ..- . ' 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 59 FZABVARR V~LIST #41- 03-JUL-99 TO 09-JUL-99 ~ FUND : 611 - Tourist Development Trust-Adv Fund CHECK INVOICE VENDOR TOTAL 00245572 99029241 FedEx 9.75 00245580 99029591 Fla Retirement System 887.42 00245644 99029446 National Toll Free Directories 37.00 99029449 37.00 CHECK TOTAL: 74.00 00245686 99029451 St Lucie Co Purchasing Dept 28.73 00245707 99029529 Travel Hub 404.00 FUND TOTAL: 1,403.90 .. ~J .. D..,,~j,"\ ~ .. FZABWARR ST. LUCIE COUNTY - BOARD W~LIST 1141- 03-JUL-99 TO 09-JUL-99"" PAGE 60 ., 07/09/99 ~. FUND : 625 - Law Library CHECK INVOICE VENDOR TOTAL CHECK TOTAL: 2,273.58 4,141.02 285.41 6,700.01 6,700.01 00245625 99029300 Legal Aid Society of the Bar A 99029300 99029300 .. FUND TOTAL: :;;0' (::~":'", ,,-;-.;...;J c"-~' ',.,.( -~- ...::' '!.i;; t..,..-~_...-.J "'<....Y. -. ;!......~:;,. 07/09/99 ¡,'Cè-" FZABVARR FUND: 001 '-- ORGN 11101 11102 11103 111 04 11105 1210 1301 1320 1330 1410 1925 1926 1929 1930 19301 2510 2920 ~ vrv::J 3715 3720 5310 6420 7110 7210 72101 7215 7216 ST. LUCIE COwrY - BOARD PAYRO~ST #41- 03-JUL-99 TO 09-JUL-99 """" - General Fund ACCOUNT 512000 Salaries 512000 Salaries 512000 Salaries 512000 Salaries 512000 Salaries 512000 Salaries 513000 Salaries-Part Time V/Benefits 512000 Salaries 514000 Overtime 512000 Salaries 514000 Overtime 512000 Salaries 512000 Salaries 513000 Salaries-Part Time V/Benefits 512000 Salaries 512000 Salaries 512000 Salaries 512000 Salaries 514000 Overtime 512000 Salaries 512000 Salaries 512000 Salaries 512000 Salaries 513100 Salaries-Temporary Employees 514000 Overtime 512000 Salaries 512000 Salaries 512000 Salaries 512000 Salaries 512000 Salaries 513000 Salaries-Part Time V/Benefits 513100 Salaries-Temporary Employees 514000 Overtime 512000 Salaries 513000 Salaries-Part Time V/Benefits 514000 Overtime 512000 Salaries 514000 Overtime 512000 Salaries 513000 Salaries-Part Time V/Benefits 514000 Overtime 513100 Salaries-Temporary Employees 513100 Salaries-Temporary Employees 513100 Salaries-Temporary Employees 513100 Salaries-Temporary Employees 514000 Overtime .. ''-'" ,>- .:,:-. ;,';(;~'7;-'\/..,.>,;:".:':'_\'_'- "~-- '-- .." .':,<_. ~,.;4~~J!7~;';',~~::~r·:,'~~r-~'J~~[=. ;:".,r~--,.,.:~~,~';~~~~:"J:~.,,- ;,~~;~:;~,.,:,'",,~Wà':::~~"",...r;~,~r?,;~~,;':',_~,'!'"~,'~;:>,'_~' -?. ~t.",.;¡,¡I"'~''''''.~'''~ff7...~,;;!~P~.t·,.,-.:~·,/:-:'.'i.:_" '".:......,-,.."'........... -'. --"-. -'-,-,-".-,,'," '-",' .... ..- ,- .. ¿" '~-". "..... -, PROG 100 100 100 100 100 100 100 100 100 100 100 100 200 100 100 100 100 100 100 100 100 200 200 200 200 300 300 500 600 700 700 700 700 700 700 700 700 700 700 700 700 700 7102 7104 7106 7104 -- --~-.-..~,.... ,",.... PAGE 1 AMOUNT 248.40 956.34 1,030.73 1,143.79 455.41 9,265.90 1,039.66 8,931.28 27.88 7,473.62 143.55 7,902.32 712.00 862.05 16,050.68 3,925.57 1,315.69 5,139.98 75.49 7,521.41 4,624.80 3,154.36 5,631.06 7,852.88 117 . 43 9,928.05 986.40 5,577.60 4,274.10 46,317.33 571.49 784.91 44.46 44,200.70 532.67 942.93 2,737.20 65.48 10,959.31 1,169.03 150.37 417.28 1,934.25 5,591.11 6,980.56 155.51 ¡~ '"..., ,.v' ," €} 07/09/99 ST. LUCIE COUNIT - BOARD PAGE 2 FZABVARR PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99~ FUND: 001 - General Fund ORGN ACCOUNT PROG AMOUNT 7216 514000 Overtime 7106 40.98 7220 512000 Salaries 700 2,699.36 7510 512000 Salaries 700 5,440.91 513000 Salaries-Part Time V/Benefits 700 516.33 513100 Salaries-Temporary Employees 700 151. 48 514000 Overtime 700 68.45 7910 512000 Salaries 700 2,719.60 513000 Salaries-Part Time V/Benefits 700 72.52 513100 Salaries-Temporary Employees 700 28.49 514000 Overtime 700 79.11 FUND TOTAL: 251 ,740. 25 -- ~''7À''''''- ~:"ZÄ-'-":'--,'·~;~~.w;~~.~~i",~~-":ó'...~"!"__"'.;:¡7-.~~~..:,;,!"..n~'f_ç~,",""""_~"'~"__'~""F","' '....-.,..-..--------- ~ i" " ' ~~ c:,..,'" "'CO;':',",," . .- -" ~.: . ": ~."" :...~. " ,..~" l,....: )1 07/09/99 FZABTJARR ST. LUCIE COUNTY - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99 "'" FUND: 001116- See 112/MPO/FHVA/Planning 98/99 ORGN ACCOUNT PROG 1510 512000 Salaries 100 FUND TOTAL: .- , - PAGE 3 AMOUNT 2,576.31 2,576.31 " 07/09/99 ST. LUCIE COUNl'Y - BOARD PAGE 4 .. FZABYARR PAYRO~UST 141- 03-JUL-99 TO 09-JUL-99 ~ FUND: 001120- Community Services Block Gmt 98/99 ORGN ACCOUNT PROG AMOUNT 6420 512000 Salaries 600 437.50 ~:t FUND TOTAL: 437.50 (~~ OJ '" , , 7 .- 07/09/99 FZABTJARR ST LUCIE COUNTY - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99 W ~' ~ FUND : 001126- Section 112/HPO/FHVA Planning 99/00 >-:~,.?.7t''' ACCOUNT ORGN PROG 1510 512000 Salaries 100 FUND TOTAL: ,~ ..- PAGE 5 AMOUNT 522.49 522.49 07/09/99 ST. LUCIE COUNI'Y - BOARD PAGE 6 FZAB\1ARR PAYRO~ LIST 141- 03-JUL-99 TO 09-JUL-99·"""" FUND : 001235- TDC Planning Grant 98/99 - "'" ORGN ACCOUNT PROG AMOUNT 1510 512000 Salaries 100 235.27 FUND TOTAL: 235.27 ">:' '" '" ~ '" """ '" r"""',. :"',, ; V~·;··-::.,- ~ .,..., ~ a' .","',"',; >'. .;":.._,~~"-';~~':;,~~:;~;::_:,:-~;~'>,::,~··~··t:- ~U'~. ." t, _ ~- - ". ,~ ~. ~ -," .~" ~. " , .... 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 7 .. FZABT,lARR PAYRO~LIST 1141- 03-JUL-99 TO 09-JUL-99 ...." "' FUND : 101 - Transportation Trust Fund -;.. ORGN ACCOUNT PROG AMOum 4108 512000 Salaries 400 21,527.92 514000 Overtime 400 378.99 .. 4109 512000 Salaries 400 9,399.54 514000 Overtime 400 357.77 4110 512000 Salaries 400 29,996.72 514000 Overtime 400 72.45 4115 512000 Salaries 400 22,596.89 513100 Salaries-Temporary Employees 400 448.56 4117 512000 Salaries 400 3,692.04 FUND TOTAL: 88,470.88 '1 þFh { ,..~....-...., \ "- 1 "., ,,- .~';'<,~;-'. .- ~¡~~~~~~~~~~~,~r;~.t:;""'~~·.~~~4H-'-:-~';'.':~L-~.'!7J.~~1"~':":'~~~'7~'~)o<"U~'___"'.:'_':,_ -- - - - - 07/09/99 ST. LUCIE COUNTY - BOARD PAGE 8 FzABVARR PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99 """'" ç FUND: 102 - Unincorporated Services Fund 'J ~~ ORGN ACCOUNT PROG AMOUNT 1510 512000 Salaries 100 13,588.76 ~ 513100 Salaries-Temporary Employees 100 568.00 514000 Overtime 100 405.92 15101 512000 Salaries 100 5,152.90 514000 Overtime 100 96.01 1515 512000 Salaries 100 3,204.98 2415 512000 Salaries 200 9,972.83 514000 Overtime 200 244.68 6240 512000 Salaries 600 2,460.00 513000 Salaries-Part Time V/Benefits 600 563.76 514000 Overtime 600 196.73 FUND TOTAL: 36,454.57 ~.~ , ._. ~ (S.",.\ ........,>_....' --', ' '~y " ~.~. ~ .' ,'''' ~ Æ-~ V -' , ':, ,IOi '-'·'i ~ ) <.I .;{ .'~ ,;~::~,~.'::¿"J(t~c\~.~::~~~,4t~R,~-..;,'~._;'~!Þ,>?'r:f~.';~'::1:,' ~~~}~~>~~;:5~~"·~·:' -~.ry~:7'o." " :;' ~~~7;"y-"""/~ ~' -r ~-;y -:.,. ,< - "', ~ ~,l~"" :'!' :._- ;.? '.~ , ~ ~ fi~ ~ " ,.., ~«:;;:;;j '-'.-,'-'" .,. ;"."-.;,' 07/09/99 FZABTJARR ST. LUCIE COUNl'Y - BOARD PAYRd!!' LIST /141- 03-JUL-99 TO 09-JUL-99"'" FUND~ 102001- Drainage Maintenance MSTU ORGN 3725 ACCOUNT 512000 Salaries FUND TOTAL: PROG 300 .- ,-,0._." I , '. ; -', ,', :_..~ ,:."',,';, r'-~-{~-~~~~:~''''0'~':~V.,,:; po¡ 7. -n~'~~' .;' -,..:,^ ,-_....,." PAGE 9 AMOUNT 2,917.14 2,917.14 07/09/99 FZABVARR ST. LUCIE COUNTY - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99~ <:'! (~ FUND: 105 - Library Special Grants Fund PROG ORGN ACCOUNT 512000 Salaries FUND TOTAL: 7115 ~ ~.ß ~T"': ;...~ ~ .,- '.yII ''''' ,~ I '" ~ 700 ,~, à- ~ PAGE 10 AMOUNT 1,711.07 1 , 711. 07 ~ ~~ .~ "'1 -i ì ~ \. "" ------- '1 07/09/99 FZABVARR FUND: ORGN 1622 1940 2120 2121 712 ST. LUCIE COUNTY - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99 'WI 107 - Fine & Forfeiture Fund ACCOUNT 513000 Salaries-Part Time V/Benefits 512000 Salaries 514000 Overtime 512000 Salaries 513000 Salaries-Part Time V/Benefits 514000 Overtime 512000 Salaries 514000 Overtime 512000 Salaries 512000 Salaries PROG 100 100 100 200 200 200 211 211 1645 1647 FUND TOTAL: -. PAGE 11 AMOUNT 556.20 5,253.19 78.44 22,043.63 375.84 3,609.74 13,502.86 3,365.35 2,687.20 2,567.38 54,039.83 ,,"-+,,-,. ~.~.o:.¿~" ~ ~'" ,--"; ~1 I~ \_~;v:! ~:~;:V- "" '~1 r"1 i.;-¿:"'-ii;i~ 07/09/99 FZABVARR FUND : ORGN 4210 ST. LUCIE COUNTY - BOARD PAYRO~ LIST #41- 03-JUL-99 TO 09-JUL-99""'" PAGE 12 140 - Port & Airport Fund '<,..) ACCOUNT PROG AMOUNT 512000 Salaries 400 7,158.58 514000 Overtime 400 111. 83 FUND TOTAL: 7,270.41 ~ - ;::¡., ~.. .~-I ,'j , í .,'~ "-',':r~,;:;;;;Y~?}~JI7I?;:2;~~~-tr";' '- '.' - '-"--'- ';;" - , " """'""'~' .~~.._ _ .I:-fiI¡",";" ----~' ----."""C"-:' -7' -:,'/_ '~:,-,'F'_:"': . " ~~', >;; -,~l~· . ~ë" 7- ,':-"- ,~'" '. n~~r-:-::,~'~:~~-'~'~-"~'" ~~'~,~. ~,--,.,.-"''-''='''--',-,,, j' r ~i r L ·'1 , j j ~~ ~,"",.' {_ "." d "I .... . .. ... , f 1 ¡ (~"-, i· r ¡ , { ~ ~' 07/09/99 FzAÐTJARR ST. LUCIE COUNTY - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99~ FUND: 145 - Mosquito Fund ':....¡ ORGN ACCOUNT PROG 6230 512000 Salaries 512000 Salaries 513000 Salaries-Part Time TJ/Benefits 513100 Salaries-Temporary Employees 514000 Overtime 600 6607 600 600 600 FUND TOTAL: .. PAGE 13 AMOUNT 18,272.19 2,364.22 603.48 2,319.16 485.64 24,044.69 07/09/99 FZABVARR ST. LUCIE COUNTY - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99"" '~ ¡-;_:-=c'~ FUND: 160 - Plan Maintenance RAD Fund I PROG p ::r;, ~ . ,..J~'; -,:;" f~:fo-./'~·''\ '- '4 ORGN ACCOUNf 2570 512000 Salaries '; ~'__~""i"~::::~:F'i.:~?'~'~~~>~'-' _ft. 5.<,,,:;<,-;..,- - ,..,., 200 FUND TOTAL: *- . ,- ~"'-:-~-~-~--~ --.-- _.~ PAGE 14 AMOUNT 1,964.81 1,964.81 ., -. '" , ,:.:'"':l;" - - .. ~;-; .~ ,,\ ',. _.-. ~ -I ~¡ " (~è",",," .~ ~ ~, ~:;. L' '~ ~......j ~ ~'. ~ ~, 07/09/99 ST. LUCIE COUNl'Y - BOARD PAYR~ LIST #41- 03-JUL-99 TO 09-JUL-99W FZAÐVARR FUND: 182 - Environmental Land Acquisition Fund ORGN PROG ACCOUNT 72101 512000 Salaries 700 FUND TOTAL: .. 'i'-.,.,...... ......~ ~--_.. '--.-.~._._. .__ _____-,-,-....~,-.~~~.=_......~~ .,._.""'~"...."''''''>;;''¡''''~~.'''...~'~",,.....:.<'>;: J.~~_~ ! i_.. ~_'I,Oc_;:::,.~'.~.=-..~.~':::::<'"'<'.''!7.:~.~ PAGE 15 AMouNT 1,431.39 1,431.39 07/09/99 FZABT,lARR ST. LUCIE COUNTY - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99"'" '~ 183 - Ct Administrator-19th Judicial Cir ~ FUND : ORGN ACCOUNl' 601 663 PROG 512000 Salaries 512000 Salaries 513000 Salaries-Part Time W/Benefits 6000 6000 6000 , . ~ <!-~)' FUND TOTAL: a' PAGE 16 AMOUNT 3,240.99 904.80 430.80 4,576.59 _0,,; " r~7" .. ". , \¡"< ..; ... 07/09/99 FZAB'WARR ST. LUCIE COUNIT - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99""" FUND: 183001- Ct Administrator-Arbitration/Mediat ORGN 662 682 752 ~', ".¥'_.~-~ _.~,_.,- ~ ACCOUNf 512000 Salaries 512000 Salaries 513000 Salaries-Part Time V/Benefits 512000 Salaries , .... PROG 6000 6000 6000 6000 FUND TOTAL: : ,.~' ;~"_ ';~",j -;-,';~:.::._~, ?i;i -,i-~ ¡)fl'_;';J':,"~'~ . - --.-- -----"..._~ ~i;!;~/\¿:\f~~1~::~~·~;:,:~¡::"~::~':~."'· :.;.:..._~~_~ _~.~~.,.. .' . F. ~ ~"-!..~'''"''''-t_;-", J,~."',,~__- " -. ,~;,.~ "~~' ~ ,~...,"";' PAGE 17 AMOUNf 252.80 252.80 705.60 505.60 1,716.80 i~ _~_. ,~ _ .~: .ì!!~."-' --.: , ~' n:.,. r.l~ft .'~'\_~ ~,.d. ~',J., ¿,,~~--=-----...... - ., ,., .. " It! ¡ ;~ ~h~ ,-.,.J -- 07/09/99 ST. LUCIE COUNTY - BOARD PAYROtr- LIST 1141- 03-JUL-99 TO 09-JUL-99"'" FZABWARR FUND : 183004- Ct Admin.- Teen Court ...... .. PROG ORGN ACCOUNT 689 512000 Salaries 6000 FUND TOTAL: .' PAGE 18 AMOUNT 1,352.98 1,352.98 07/09/99 ST. LUCIE COUNTY - BOARD PAYRO~LIST 141- 03-JUL-99 TO 09-JUL-99"" FZABW'ARR (Si'''- FUND: 183206- FDJJ-Teen Court 98/99 \ ORGN PROG ACCOUNT 689 6000 512000 Salaries FUND TOTAL: -þ If -. '.'~ . .""".';""'"~""""":"';~::'~' . ,.~ò":'~~~'m':~ _~,~:~~~~~~-:·~~{:~~;~r~;,:.~~;~;:·"':~'-': .~~~. ,;L~~~ ~'~,':' PAGE 19 AMOUNT 683.08 683.08 F7:~, \ . ~.'.. ,.' ~ ~""'¥.£~9 j 'e ~ ,L ....-. '..', :ç;0i":~~; 07/09/99 FZABVARR ST. LUCIE COUNTY - BOARD PAYRO~LIST 141- 03-JUL-99 TO 09-JUL-99'" PAGE 20 FUND: 184 - Erosion Control Operating Fund ,< ORGN ACCOUNT PROG AMOUNT 3710 512000 Salaries 300 1,695.33 512000 Salaries 3630 299.18 FUND TOTAL: 1,994.51 -' ·~~~i~~~~~~ßi¡¡¡ab:..,",~""~"~~,,,,P''"'" , ...~ ......,.."."''''''-.,Ji;;,..,..,~-ry,_....''',.....on.>.-'----_.+~_._,.- 07/09/99 FZABWARR ST. LUCIE COUNTY - BOARD PAYRO~ LIST 141- 03-JUL-99 TO 09-JUL-99 ...", ORGN ACCOUNT FUND: 186 - Recycling Operating Fund ~ i PROG 3412 512000 Salaries ::¡ '- '- (~) .; 300 FUND TOTAL: a' PAGE 21 AMOUNI' 1,334.69 1,334.69 ~ 07/09/99 ~." FZABVARR ~ . .-' f-¡ -- ST. LUCIE COUNTY - BOARD PAYR~ LIST 1141- 03-JUL-99 TO 09-JUL-99""" G'·<'"" :. ---~..<-..¡ '~~:~~~,_.- . - FUND: 186202- DEP-Recycling & Education 98/99 ~ ORGN ACCOUNT 3412 512000 Salaries :~~. ~ ôii.Jll':l ..... ., ~ .. :"'.:i:- ~ !! .~ ( "".- ~ ...;,,~_. ''¥ 1':9 .;1'; ;;;:;.¡ ~ . ..,. . - ~ ,J,~:~ "',: ~¿'~",~':;k;; ....." PROG 300 FUND TOTAL: - PAGE 22 AMOUNT 444.89 444.89 ~ :3 07/09/99 "'!I ~ FZABYARR j ..... ~ FUND: ORGN ':J1 3410 -. '.. '..,..J. ';."-' ;~ ......;,.;,/ ST. LUCIE COUNTY - BOARD PAYRO~ LIST 141- 03-JUL-99 TO 09-JUL-99 ..., PAGE 23 401 - Sanitary Landfill Fund ACCOUNT PROG AMOUNT 512000 Salaries 300 25,534.82 514000 Overtime 300 168.99 FUND TOTAL: 25,703.81 -- 07/09/99 FZABWARR ~cl G,¿,;:,'" FUND: f~~:--:-'<>~ ORGN 7250 7260 . ..,~ ~'C" ,<,;"" :e-_^':""~'" ~ :.-~ ..--;:....-. ~¡.>.;; ST, LUCIE COUNTY - BOARD PAYROìr' UST 141- 03-JUL-99 TO 09-JUL-99 ...." 418 - Golf Course Fund , ......" ACCOUNT PROG 512000 Salaries 513000 Salaries-Part Time V/Benefits 514000 Overtime 512000 Salaries 513000 Salaries-Part Time V/Benefits 513100 Salaries-Temporary Employees 514000 Overtime 700 700 700 700 700 700 700 FUND TOTAL: .' PAGE 24 AMOUNT 3,924.01 260.80 199 . 13 7,395.33 2,655.06 303.52 292.70 15,030.55 ."-"._~'--<""- . ~ 07/09/99 FZABWARR ST. LUCIE COUNTY - BOARD PAYRO~LIST 141- 03-JUL-99 TO 09-JUL-99 ..., PAGE 25 ~, FUND: 421 - a.E.W. Utilities Fund ~., f~ (".. ,\ .',....'''..-...,. '" ,$~F ORGN 1300 ACCOUNT PROG AMOUNT 512000 Salaries 100 137.62 514000 Overtime 100 11.27 FUND TOTAL: 148.89 -' q.~~.~n:/._~,~~~~dfj~~j~~~_:r~~~;'~~~~~~~~i~i':$,~~~*~~¿4,~~~;;~~.~,_.,,~,...~..~~.T;~P:;~~"'~7C-<-'_ë~~'""_~ c ". ê:~'\/\ . ....-.. '-, 'I .....>' ,. ~. f.#~ , "--" 07/09/99 FZABVARR S1' LUCIE COUNIT - BOARD PAYR01r" UST #41- 03-JUL-99 TO 09-JUL-99 ...., PAGE 26 FUND: 441 - North Hutchinson Island Utilities ORGN ACCOUNT PROG AMOUNT 1300 512000 Salaries 100 2,293.56 514000 Overtime 100 187.93 FUND TOTAL: 2,481.49 -. . ";~~~,'.·'~;~~;;~~:x~~~~i;~~:"·'::-~~~:~, ("';</:~?r;i:,..:~~::;:,irIý~~1~~~~1~;~~·}}g~:-:~:$::~ii~;~~~:;':'~~~::'· 07/09/99 FZABVARR ~ ;1 - (:;" FUND : ORGN "'" 1300 r:" ~ S'T' LUCIE COUNTY - BOARD ~ ...." PAYROLL LIST 141- 03-JUL-99 TO 09-JUL-99 PAGE 27 451 - S. Hutchinson Utilities Fund -, ACCOUNT PROG AMOUNT 512000 Salaries 100 2,155.95 514000 Overtime 100 176.65 FUND TOTAL: 2,332.60 -- _____~~_~....,.,....._..._"""'"""........;."_..........,,'~......."'¡;._~U'.~,,...,_'''',.,...+:....: -~:.¡,;-..-,-,....,.".,,~._J'.'",..__''''- '_'_"~:"""·<"J"C.'.""'....""J_ 07/09/99 ~ FZABVARR '"" h FUND: 461 ST. LUCIE COUNTY - BOARD PAYRO~LIST 141- 03-JUL-99 TO 09-JUL-99 ...., PAGE 28 - Sports Complex Fund :,ij ORGN ACCOUNT PROG AMOUNT 7520 512000 Salaries 700 2,053.60 75201 512000 Salaries 700 6,116.25 514000 Overtime 700 114.57 FUND TOTAL: 8,284.42 '.. "!' -' ~ ,;¡ij '~ ..t~ ~ ... 07/09/99 FZABVARR FUND : 491 ORGN 15101 ... 1515 2415 -- ~p ("""':"''''' .. - $'" LUCIE COUNrY - BOARD '-' ., PAYROLL liST #41- 03-JUL-99 TO 09-JUL-99 PAGE 29 - Building Code Fund ACCOUNT PROG AMOUNT 512000 Salaries 100 1,317.03 514000 Overtime 100 10.67 512000 Salaries 100 312.24 512000 Salaries 200 13,665.67 514000 Overtime 200 123.73 FUND TOTAL: 15,429.34 .- ,~,.;æi"*1i:_~-;~;:~~i;>:~?1Ji;}\~~:~~:"~~'~;::;~:~;/'J-~~~~~ .~;:~!2.t_!'t:t'_.- ~,:-~-~",~~.,} ,:JS,'{ +~-,--, -; ~"...; 1 . ,_.. ,.J\I~I..~_~._~ ~,P _ _...J~ ~ IU__4 _..t! Y....1 ~~................-.-_- 07/09/99 S'J' LUCIE COUNTY - BOARD '-' ~ PAYROLL LIST #41- 03-JUL-99 TO 09-JUL-99 PAGE 30 ,.,. FZABVARR .. ,~ FUND: 501 - Automated Services Fund ORGN ACCOUNl' PROG AMOUNT '" 9000 512000 Salaries 800 48,791.57 514000 Overtime 800 303.69 -~, 9010 512000 Salaries 800 6,547.54 514000 Overtime 800 88.98 t"::" FUND TOTAL: 55,731. 78 "'f/ ..... (",'c:j í::!:: ... . a' r:~," ( u_, _J: ~'-~ Ç? - ~~ 07/09/99 ST. LUCIE COUNTY - BOARD PAYRO~LIST #41- 03-JUL-99 TO 09-JUL-99 ...." PAGE 31 FZABVARR FUND : 505 - Health Insurance Fund '- ORGN ACCOUNT PROG AMOUNT 1900 523901 Disability 100 433.62 523901 Disability 1911 1 ,005.00 523901 Disability 1911 3,722.30 523901 Disability 1912 251. 00 523901 Disability 1912 1,917.68 FUND TOTAL: 7,329.60 -' .~:~:,_::;1.":~~~·~~~~:~:'~~·;'-_',:'------·,.~<~.:~ì;;:~-.~;:·~"-(-,·)-~-~-;~,:.~~:.,:.~.~~,~;-,~ ~í . O'':ø.'~~;~:~~::;'~':'.:·;·'-'-:{:':'~7i}:1.·~.; J~. LJ, . -" .- . _~''''~'~~'''''''"'r~",?~~~_~_~~ (,:?,J,~ -- ~, ~::~~;.:~~ ~ 07/09/99 FZABWARR ST. LUCIE COUNTY - BOARD ....,¡ PAYRO~LIST 141- 03-JUL-99 TO 09-JUL-99 PAGE 32 FUND: 510 - Service Garage Fund ORGN ACCOUNT PROG AMOUNT 1920 512000 Salaries 100 3,723.00 1921 512000 Salaries 100 3,916.58 FUND TOTAL: 7,639.58 .' .~~'~1L_IJJl~¡~ðï:'l~{:j~~$-:-;"",'7, ,..".JI,¡f.»_~........~<-"-~---"--"----"~-' 07/09/99 ST LUCIE COUNTY - BOARD PAYRO~ LIST #41- 03-JUL-99 TO 09-JUL-99 """"" ~ FZABWARR ~ ~ FUND: 611 - Tourist Development Trust-Adv Fund ~ ORGN ACCOUNT PROG 5210 512000 Salaries 500 FUND TOTAL: '"" ~ " ''I C"-,"'-- ',-\., :.;;.;...~'" - ,~ ' ..- PAGE 33 AMOUNT 2,697.31 2,697.31 lOr 07/09/99 ST. LUCIE COUNl'Y - BOARD PAGE 1 FZABVARR V~LIST 1141- 03-JUL-99 TO 09-JUL-99 '-' M FUND SUMMARY (~,~'" FUND TITLE EXPENSES PAYROLL ~:; ,.""~' - 001 General Fund 334,357.70 251,740.25 001001 Recreation Special Events 9,999.00 0.00 001116 See 112/MPO/FHVA/Planning 98/99 2,435.71 2,576.31 .. 001120 Community Services Block Gmt 98/99 8,019.57 437.50 001123 FEMA/DCA-Local Hazard Mitigation 63,863.00 0.00 001126 Section 112/MPO/FHVA Planning 99/00 0.00 522.49 001235 TDC Planning Grant 98/99 0.00 235.27 .,. 001236 TDC Non-Sponsored Trip Grant 98/99 18,996.48 0.00 001241 Ft. Pierce Inlet Boat Launch Area 23.00 0.00 101 Transportation Trust Fund 44,435.68 88,470.88 10 100 1 Transportation Trust Interlocals 13,627.06- 0.00 10 1002 Transportation Trust/80% Constitut 141,656.27 0.00 101003 Transportation Trust/Local Option 19,034.65 0.00 101006 Transportation Trust/Impact Fees 3,665.00 0.00 102 Unincorporated Services Fund 12,521. 71 36,454.57 102001 Drainage Maintenance MSTU 1 , 103.42 2,917.14 105 Library Special Grants Fund 2,414.89 1 , 711. 07 107 Fine & Forfeiture Fund 64,892.82 54,039.83 .. 140 Port & Airport Fund 9,408.47 7,270.41 140270 DOT-Land Acq Airport Exp Phase 1 &2 2,500.00 0.00 -' 160 Plan Maintenance RAD Fund 693.04 1,964.81 .. 170 Court Facilities Fund 1,346.66 0.00 182 Environmental Land Acquisition Fund 470.92 1,431.39 183 Ct Administrator-19th Judicial Cir 1,277.94 4,576.59 , ~ 183001 Ct Administrator-Arbitration/Mediat 702.95 1,716.80 ~ 183004 Ct Admin.- Teen Court 295.32 1,352.98 183204 Court Reporter Grant-In-Aid 98/99 169.07 0.00 183206 FDJJ-Teen Court 98/99 374.56 683.08 185202 FHFA- SHIP 97/98 13,898.89 0.00 185203 FHFA-SHIP 98/99 15,352.47 0.00 186 Recycling Operating Fund 439.12 1,334.69 186202 DEP-Recycling & Education 98/99 2,145.17 444.89 242 Port I&S Fund 88,126.28 0.00 315 County Building Fund 3,515.00 0.00 316 County Capital 10,146.02 0.00 338 Anita Street Capital Fund 2,162.60 0.00 401 Sanitary Landfill Fund 15,848.58 25,703.81 401217 DEP-Waste Tire 98/99 2,107.50 0.00 418 Golf Course Fund 14,558.55 15,030.55 421 H.E.V. Utilities Fund 10.84 148.89 441 North Hutchinson Island Utilities 180.61 2,481.49 :- 451 S. Hutchinson Utilities Fund 649.86 2,332.60 461 Sports Complex Fund 25,006.15 8,284.42 491 Building Code Fund 5,319.63 15,429.34 501 Automated Services Fund 25,850.70 55,731. 78 -- 505 Health Insurance Fund 343,733.61 7,329.60 .. 505001 Property/Casualty Insurance Fund 940.00 0.00 510 Service Garage Fund 13,690.10 7,639.58 .....'... L__::,~) ~ .. - ~ 07/09/99 FZABYlARR ST. LUCIE COUNTY - BOARD Yl~ST #41- 03-JUL-99 TO 09-JUL-99 ...", FUND SUMMARY ~ FUND 611 625 TITLE Tourist Development Trust-Adv Fund Law Library '" GRAND TOTAL: .,. f' ~,"f -" xc ;¡;; _EXPENSES 1,403.90 6,700.01 1,322,816.36 .- PAGE 2 PAYROLL 2,697.31 0.00 602,690.32 - - 1 ¥ AGENDA REQUEST "-" ITEM NO. C-2-A DATE: July 13, 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 Longline Mowing. BACKGROUND: The contractor has exercised his option to terminate the contract with 30 days written notice under section 21, B of the contract. (Letter attached) Staff is requesting permission to advertise for bids for this service. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise for Longline Mowing contractors. :2S1ON ACTION; [ PPROVED [] DENIED [ ] OTHER: County Attomey:(X) y coor~1n.~gna~ Mgt. & Budget: 1,0 Originating Dept: Other: Purchasing Mgr.:(X) Other: o c45 Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\WP\AGENDAS\OTHER\99-72 adv.wpd - '-' "'-'" PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM TO: Charlie Bicht, Purchasing Director FROM: Dewey Hudman, Project Supervisor:J¡<:r DATE: June 30, 1999 SUBJECT: Longline Mowing Contract Attached is the Bid, RFP & RFQ Request Form for the LongJine Mowing Contract already e-mailed over to you on 6-29-99. I have also included the request for release from the current roadside mowing contract #96-91 by Mr. Bruce Potter. If you have any questions or need additional information please contact me at extension 2802. DWH:sb Attachments: 3 cc: P. M. Bowers, Road & Bridge Manager en \.0 -,.., -J \.D .' c- c.:- ::- c:: t:: r- C") -.~; ¡-, , - - r:--; ~f_L: t"") \:7 '0 :¡¡: ,-. ~ i53. ........ ~ -i W -< <:..J §~;~ --Q....~ ;::::::....~ . --"':-:-'. wC ,- .: v '(::3ULU- (~v ¡¡L:I/O ~(d .:.:A-Vf./~ iW:. (~I JA JL/145 !_?:ev / . L/vL~.~: /(15 ! , ; I ; . '-I i ¡ : ~ , . ~ ¡ Ii 'i ~ ! : , r! , i , I : I i i .-. -.-.----- ···H , I II : I .. ._Li , I ¡ ! : ! i i ! I . rr~- j L II , I , , ¡I H : ! : i ! ! -- --" -..- _.....i__. , I ; ¡ II , i i: - .. - - -., ~ ¡ i ¡I ; i ! ~ '-' ....." j..l¿pl, /qqq . _ .__.n.._ ____ ,_,___,__ _ ~_. - .--.--. -.- --.---'- . . ~.. .. - ..-.----- ,--.."- ~. ¿;JUYlJ.- L.JJ:... l..fJf..a<F>-{lOY.J!L~VL.;u. - ----__ . 0Ili.0_ C'-lm L.tö_--~'-/J-Æ~dLl..GU- . ..__ _ ____ (1O&<..-Lb¡-¡ ~__J_~__Wq..wd~ JD ---- ....... hL-.-VLÚ~-~. --~ ----Jocj~~---------- ------ ~~ _ _CO:Jl_l::1L£t_U__ o./W____~--Li..J:. _ LU-P-- ------- ----- .. - -L/tYG -- --LlLL ~k:i.d--()/:J! __~.~tj)_J/'_1!l9Q__Q1.__~_ -.-----..- WW _ cD!_ ¡Y'J-7t-.CA-l-!~~t--ff'L~C:i.--:J--C¿Yc-h- ,--.---- --- ~ ___0 ..__._....._._.__..__..,____.... - -_. +--..." .----_.....- ....-..- , .J - !-J-' . . d ___ __.__. _._ --.---~c!¿-_-I.-.:Jc!J1LI,..,1..ð...-a ~ Lkl. "'- {!L,____._._ --'-'-- ('~ ·ßtiL ~ ...._ __.._. _._._ ..._____._u____._._.___ _. U--- '.. .__ ~l_.¿____. -..... -.--.-- - ----. -..--- ._____. d',._· ---_._+----_._.--_.------------ t\~cØ'lØ-'~~ -- -- -- -- ..__.. .___..__...._____m_.~-.--\.-- _. .._.__...__..____ -..........__._ ~.... ~ \ JU\\ ~) .~~ " .... ---- -----------..-.---.--.-., _.-, ..-...., .------.-.....----.-- ~f3ørßE - \tOÞD..-..--.. ..--.' .--..---.-----......-----.--..---..-.....-....--.....---....-..-..- -.-...--- .----.---. - .--. .-- ....-.-.-.----....-.-..-.---.-..- ..-.". .--...-.------------.----. 4 ._ ·_.__0. ____._.____.,___ i; : ¡ _.. J i .._ __~_.._.____.__._ _. ____.__ _.____.._..___,__ ______.._..4.___.____.··_·__·_..·_·· .__.. _..___..__ø··___··____··__..··· ~____ __~~__~--.~_li~rk.~.--.-.----___-n ____... - - u ___0. ._.__...___...__. -_...._~-_. ~ ~ ¡ ; . .u._. .__., ._"' _ ¡ ¡ .'_.__._-.-- . .__.... ._._n .__. ______ "___,______.._____ ..___._.h·___ __ ._._._".__._ _ .__._'_._ .----..- .....--.-....--- ... '-' """" LONG LINE MOWING CONTRACT THIS CONTRACT, made this day of A. D. October 1999, between ST. LUCIE COUNTY, a political Subdivision of the State of Florida, hereinafter called the "COUNTY" and , or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": 1. PURPOSE WITNESSETH: That the Contractor agrees with the County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies and labor necessary to carry out this Agreement in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, mowing schedules as prepared by the St. Lucie County Road and Bridge Division of Public Works, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and under security as set forth in the attached Contract bond, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Agreement. 2. GENERAL DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is: A. Maintaining the following roads or areas: ROAD OR AREA Walton Rd. Lennard Rd. Mariposa Ave. Kitterman Rd. Saeger Ave. Oleander Ave. Weatherbee Rd. Tumblin Kling Rd. Enterprise Rd. DESCRIPTION MI T,ES Indian River Dr. to U.S. 1 Walton Rd. to U. S. 1 U.S. 1 to Lennard Road U.S. 1 to Oleander Ave. Oleander Ave. to U.S. 1 Edwards Rd. to Beach Ave. Oleander Ave. to Midway Rd. Oleander Ave. to U.S. 1 Bell Ave. to N. End 3.00 2.50 .20 .50 .50 5.00 1. 60 .50 .75 Page 1 of 20 ROAD OR AREA DiGeorgio Rd. Bell Avenue Sunrise Blvd. S. 25TH Str. Selvitz Rd. Glades Cutoff Rd. Rangeline Rd. Midway Rd. Eleven Mile Rd. McCarty Rd. Shinn Rd. Header Canal Rd. Sneed Rd. Carlton, Rd. Germany Canal Rd. Orange Ave. Campbell Rd. Picos Rd. S. FFA Rd. N. FFA Rd. Gordy Rd. Rock Rd. Graham Rd. Copenhaver Rd. Peters Rd. Jenkins Rd. Edwards Rd. McNeil Rd. S. 35th Str. Kirby Loop Cortez Blvd. Hartman Rd. Angle Rd. Keen Rd. Johnston Rd. Indrio Rd. St. Lucie Blvd. Hammond Rd. Old Dixie Hwy. \..f """" MILES .25 1. 00 2.60 2.50 2.25 16.00 6.00 11.15 2.00 3.10 5.00 5.10 5.50 8.75 4.25 17.00 1. 00 2.50 1. 25 1. 50 .50 2.82 1. 00 1.25 .75 3.00 3.50 1.00 1. 00 1. 00 1.30 1.35 8.20 1. 00 6.75 2.65 3.50 .50 6.75 161.07 B. Each roadside can be cut up to ten (10) times during each year of the contract, in accordance with the schedule provided by the Project Manager. DESCRIPTION Oleander Ave. to Enterprise Rd. Oleander Ave. to S. 25th St. Edwards Rd. to Midway Rd. Edwards Rd. to Midway Road Edwards Rd. to Midway Rd. Selvitz Rd. to the end Glades Cutoff Rd to S.County line Indian River Dr. to Okeechobee Rd. Okeechobee Rd. to Midway Rd. Okeechobee Rd. to Midway Rd. Orange Ave. to Midway Rd. Orange Ave. to Okeechobee Rd. Orange Ave. to Okeechobee Rd. Okeechobee Rd. to Glades Cutoff Rd. Carlton Rd. to the end Kings Hwy. to W. County line Picos Rd. to Orange Ave. Kings Hwy. to Campbell Rd. Picos Rd. to S. End Orange Ave. to Angle Rd. Okeechobee Rd. to Ten Mile Bridge Okeechobee Rd. to Orange Ave. Jenkins Rd. to Kings Hwy. Graham Rd. to Orange Ave. Graham Rd. to Andrews Ave. Orange Ave. to S. of Edwards Rd. U. S. 1 to Jenkins Road Okeechobee Rd. to Edwards Rd. Okeechobee Rd. to Kirby Loop S. 35th Street to McNeil Rd. S. 35~ Street to Sunrise Blvd. Orange Ave. to Okeechobee Rd. Orange Ave. to Godwin Rd. Angle Rd. to St. Lucie Blvd. Angle Rd. to North to County line Old Dixie Hwy. to Kings Hwy. N. 25th Str. to Seminole Rd. St. Lucie Blvd. to N. End U.S. 1 to North to County line TOTAL MILES = C. The areas must be cut to a length of no more than four (4) inches. Page 2 of 20 D. All debris~nd litter must be roadside prior to each mowing procedure of maintenance. ~ removed on each and every cycle as part of the E. County rights-of-way must be entirely maintained, front, center and back slopes. This may require a boom type mower and tractor. Some roadways will require multiple passes. It will be required that in the event of a flooded area, the maintenance will be performed in that area at a later date. F. All traffic signs, guardrail, power poles and County structures as designated by Project Manager, must have weedeating performed after each mowing cycle. G. Proper precautions must be taken to maintain traffic control whenever necessary. 3. PROJECT MANAGER The Project Manager for the County is the Road and Bridge Manager or his representative at (561) 462-2717. The Project Manager for the Contractor is at 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, pages 1 through 20 inclusive. B. Contractor's Bid. C. Specifications, consisting of: Invitation to Bid. Instructions to Bidders. D. Insurance Certificates, which shall be provided by the Contractor, along with the return of this executed Contract. E. Any Modifications, including change orders, duly delivered after execution of this Contract. 5. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the work; and further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the work in Page 3 of 20 - accordance wit~this Agreement. If the c~nty deems it inexpedient to require the Contractor to correct deficient or defective workl an equitable deduction from the contract price shall be made therefore or in the alternative I the County may sue for damages. 6. TIME OF PERFORMANCE The Contractor shall begin work within fourteen (14) calender days after the signing I execution and delivery of written notice to proceed. Succeeding assignments shall begin not more than five (5) days after issuance of subsequent work documents. Work shall proceed with litter pickup followed by mowing I followed by weedeating. The work shall be conducted in such a manner and with sufficient labor I materials I toolsl and equipment necessary to complete the work within the time limit set forth in the Contract. Should the organization of the Contractor I or its management I or the manner of carrying on the work be manifestly incompetent I or inadequate to do the work specified within the stated timel then the County shall have the right to take charge of the work and finish it and provide the laborl materials and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contractor and hisl or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Contractor prior to the effective date of this Contract I unless the County authorizes such payment in writing. 7 . .TERM The Contract term will be for a period of three (3) yearsl beginning at the date found above and terminating I September 30thl 2002. At the option of the partiesl this Agreement may be renewed for two (2) additional one (1) year periods upon the same terms and conditions herein specified. This option shall be deemed exercised and the contract renewed for an additional one (1) year period upon the County's written notification to Contractor that it will exercise this option to renew. Such written notification shall be given thirty (30) days prior to the expiration of this Contract. 8. STATUS OF WORK The County will be advisedl at its request/as to the status of work being done by the Contractor and of the details thereof. Coordination shall be maintained by the Contractor with the Project Manager. Either party to the contract may request and be granted a conference. Page 4 of 20 - The Project Ma~ger shall have the authorr(y to suspend the work, wholly or in part, for such period or periods as may be deemed necessary due to conditions that are considered un- favorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Con- tractor to comply with any or all provisions of the contract. Such suspension shall be ordered in writing, giving in detail the reasons for the suspension. Should inclement weather limit or stop the Contractor from working,the Project Manager will be notified of work stoppage and the units actually completed and accepted will be paid for a Contract unit prices. It shall be the responsibility of the Contractor to schedule work in a manner that work delays, stoppages and rework requirements are minimized. Should the work be manifestly incompetent or inadequate, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time to charge the cost of all such work against the Contractor. 9. PRE-WORK CONFERENCE The County's Project Manager will call a pre-work conference prior to the beginning of work by Contractor to review the proposed work with the Contractor and other affected parties. The County's Project Manager will provide the Contractor with a work document showing the location and estimated units of work to be performed. Upon completion of assigned work the Contractor will notify the County's Project Manager and certify that the work quanti ties and quality were accomplished in accordance with these specifications. This certification will be accomplished by the signing and return of the work document. The County's Project Manager will review the completed work to verify the quantity and quality prior to approving the daily work document. See attached Document "A". 10. WORK ASSIGNMENT AND PLANNING The Project Manager will notify the Contractor when to proceed with work by issuance of a work document. The Contractor will be expected to begin work within five (5) working days of the issue of the respective work document. The initial work document will allow fourteen (14) calendar days to respond. All work begun shall be worked in a continuous and expeditious manner. Work shall proceed with litter pickup, Page 5 of 20 followed by mo)(ng, followed by weedeatin~Failure to do so may constitute unsatisfactory progress. If the Contractor does not begin work by the end of the fifth day, excluding the date of initial notification, a delinquency penalty of $50.00 per work day will be charged and deducted from payment thereafter until the work begins. Work documents will identify the location, description and amount of work to be accomplished. 11. ALTERATION IN SCHEDULE During the execution of this contract, the County's Project Manager shall have the right to make alterations in the mowing schedule as may be necessary to obtain satisfactory completion of the specified work. No alterations will be made that result in subst~ntial change in the general character of the work or significantly reduce daily production. 12. CONTROL OF WORK Authority of the County's Project Manager. A. All work shall be done to the satisfaction and under the supervision of the County's Project Manager. B. Other work may be in progress by the County or under separate contract. The Contractor shall cooperate with others and shall not be entitled to extra compensation or adjustments to contract unit prices because of deletion of work items or delay because of work by others. 13. WORK SCHEDULE The Contractor shall perform his operations so as to minimize any inconvenience to adjacent businesses, residences and motoring public. All work shall be performed during daylight hours. No work shall be done when weather conditions limit good visibility to less than 500 feet. No work shall be performed on Sunday or on Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, Independence Day or Labor Day. When any of these holidays falls on a Sunday, no work under this contract shall be done on the following Monday. If it falls on a Saturday, no work shall be done on the preceding Friday. Page 6 of 20 No work shall ~mmence on subsequent work~ocuments until the satisfactory completion or progress of previously issued assignments has been confirmed. The only exception to this occasion is when the Project Manager determines that such other work is in the best interest of the County and should be expedited. 14. PERMITS. NOTIFICATION AND FEES It shall be the Contractor's responsibility to secure all permits necessary to conduct the work in accordance with required regulations and to notify all applicable utilities or parties affected by his operations. He shall further be responsible for all fees associated with the performance of this Contract. No work shall be performed under the provisions of this contract on any properties outside the limits of the County maintained right-of-way without the express written permission of the affected landowner. Any such permission shall be secured by the Contractor and shall identify the provisions under which such work is to be performed and shall not constitute a liability to the County nor relieve the Contractor of his responsibilities/obligations. 15. COMPENSATION The Contractor shall be paid a sum of $ dollars upon the satisfactory completion of each cycle of mowing per the term of the contract. A cycle shall consist of mowing each Roadside described in Paragraph 2 one time. Contractor shall submit an invoice for payment to the County's Project Manager Upon verification of a cycle. Upon verification by the Project Manager that the cycle has been completed pursuant to the specifications established in the Contract, the invoice shall be processed for payment. If the cycle has not been completed pursuant to the specifications,payment shall be withheld until The cycle is satisfactorily completed. The total annual compensation shall not exceed the bid dollar amount, per attached bid form. 16. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to èxamine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto Page 7 of 20 which are foun~on the basis of audit exa~ation not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved,or three (3) years after completion of the project and issuance of the final certificate, whichever is sooner. 17. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 18. INSURANCE A. PUBLIC LIABILITY The Contractor shall maintain during the lifetime of this Contract regular Contractor's Public Liability Insurance providing for a limit of not less than Three Hundred Thousand Dollars ($300,000.00) for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total of Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries to or death of two or more persons in anyone accident, and the regular Contractor's Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of injury to or destruction of property during the policy period. If any part of the work is subject similar insurance shall be provided by or in behalf of the subcontractors to cover their operations. B. WORKER'S COMPENSATION The Contractor shall procure and maintain, through the term of this Contract, Worker's Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefits of the Florida Workman's Compensation law for all employees of the Contractor and all subcontractors. The Worker's Compensation Insurance policy required by the Contract shall also include Employer's liability. C. CERTIFICATE OF INSURANCE Certificates to all insurance required from the Contractor shall be subject to the County's approval for adequacy. All such insurance shall name the County as additional named insured. Page 8 of 20 19. CONTRACTOR RES~NSIBILITY ..., The Contractor is an independent Contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent Contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility of the work and shall bear all losses resulting to him, or it, on account of the amount or character of the work, or because of the nature of the ground in or on which the work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. The Contractor shall protect the entire work, all materials under the Contract and the County's property (including machinery and equipment) in, or on or adjacent to the site of the work until final completion and work, from the action of the elements, acts of other Contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expense to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection or indemnities or damages from any person or persons causing injury to the work of the Contractor. At his, or it's expense, the Contractor shall take all necessary precautions including but not limited to the furnishing of guards, fences, warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The term persons as used herein includes but is not limited to members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other Contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said work is being performed. Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, building codes and orders of duly constituted public authorities. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its Page 9 of 20 subcontractors~nd of their respective em~yees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. The Contractor agrees to forever save and keep harmless and fully indemnify the County, its officers, employees and agents of and from all liabilities, damages, claims, recoveries, cost and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Contract to the extent of the insurance provisions set out in Section 16 in this Agreement. 20. INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 21. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party to default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should made a general assign- ment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. Page 10 of 20 \wr' ,.."" (2) If the Contractor should persistently or repeatedly refuse of fail, except in cases for which an exten- sion of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. (3) If the Contractor disregards laws, ordinances, or the instruction of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of the premises and all materials,tools, and appliances, thereon and finish the work by what ever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such unpaid balance the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 22. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employ- ment, or any matter directly or indirectly related to employ- ment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification) i or because of marital status, race, color, religion, national origin or ancestry. Page 11 of 20 '-" ...." 23. VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of the contract. 24. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1989) and as may be amended from time to time. 25. ASSIGNMENT Contractor shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 26. ATTORNEYS' FEES AND COSTS In the event the Contractor defaults in the performance of any of the terms, covenants and conditions of this Contract, the Contractor agrees to pay all damages and costs incurred by the County in the enforcement of this Contract, including reasonable attorney's fees. 27. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: Page 12 of 20 '-'" ...., With A Copy To: As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Road & Bridge Director Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 As To Contractor: or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery. (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case many, if mailed. 28. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Contract shall not be deemed to constitute a waiver of the provision or any portion of this Contract either at the time the breach or failure occurs or at any time throughout the term of this Contract. 29. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1989) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. Page 13 of 20 '-" ...., The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the perspective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Agreement. 30. INTERPRETATION: VENUE This Contract constitutes the entire Agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written Agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. Page 14 of 20 '-" ~ ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESSES: CONTRACTOR MOWING.99 Page 15 of 20 '-" """" ,DOCUMENT itA it LONG,L'NiE MOWING CONTRACT THE WORK DOCUMENT SHALL CONSIST OF A LIST OF ALL ROADS WITH THREE SIGN OFFS FOR THE PROJECT MANAGER AND THE CONTRACTOR FOR: ROAD OR AREA DATE CONTRACTOR PROJECT MGR Walton Road Litter Pickup Mowing Cycle Weedeating Cycle Lennard Road Litter Pickup Mowing Cycle Weedeating Cycle Mariposa Ave. Litter Pickup Mowing Cycle Weed eating Cycle Kitterman Road Litter Pickup Mowing Cycle Weedeating Cycle Saeger Avenue Litter Pickup Mowing Cycle Weedeating Cycle Kirby Loop Litter Pickup Mowing Cycle Weedeating Cycle Weatherbee Rd. Litter Pickup Mowing Cycle Weedeating Cycle ROAD OR AREA Tumblin Kling Rd Litter Pickup DATE CONTRACTOR PROJECT MGR Page 16 of 20 Mowing ~ """'" Weedeating Cycle Bell Avenue Litter Pickup Mowing Cycle Weedeating Cycle Oleander Ave. Litter Pickup Mowing Cycle Weedeating Cycle Oleander Ave. Litter Pickup Mowing Cycle Weedeating Cycle S. 35th Street Litter Pickup Mowing Cycle Weedeating Cycle McNeil Road Litter Pickup Mowing Cycle Weedeating Cycle Johnston Rd. Litter Pickup Mowing Cycle Weed eating Cycle Indrio Road Litter Pickup Mowing Cycle Weedeating Cycle Old Dixie Hwy. Litter Pickup Mowing Cycle Weedeating Cycle McCarty Road Litter Pickup Mowing Cycle Weedeating Cycle Eleven Mile Rd. Litter Pickup Mowing Cycle Weedeating Cycle ROAD OR AREA Gordy Road Litter Pickup Mowing Cycle Weedeating Cycle DATE CONTRACTOR PROJECT MGR Page 17 of 20 Copenhaver Rd. Litter Pickup Mowing Cycle Weedeating Cycle Hammond Road Litter Pickup Mowing Cycle Weedeating Cycle Angle Road Litter Pickup Mowing Cycle Weedeating Cycle St. Lucie Blvd. Litter Pickup Mowing Cycle Weedeating Cycle Campbell Road Litter Pickup Mowing Cycle Weedeating Cycle Picos Road Litter Pickup Mowing Cycle Weedeating Cycle N. FFA Road Litter Pickup Mowing Cycle Weed eating Cycle Graham Road Peters Road Keen Road ROAD OR AREA S. FFA Road Rock Road - Litter Pic~ Mowing Cycle Weedeating Cycle ...., Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle DATE CONTRACTOR PROJECT MGR Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Page 18 of 20 Weedeati~ycle ." Enterprise Rd. Litter Pickup Mowing Cycle Weedeating Cycle DiGeorgio Road Litter Pickup Mowing Cycle Weedeating Cycle S. 25th Street Litter Pickup Mowing Cycle Weedeating Cycle Glades Cutoff Litter Pickup Mowing Cycle Weedeating Cycle Rangeline Road Litter Pickup Mowing Cycle Weedeating Cycle Midway Road Litter Pickup Mowing Cycle Weedeating Cycle Carlton Road Litter Pickup Mowing Cycle Weedeating Cycle Germany Canal Litter Pickup Mowing Cycle Weedeating Cycle Sneed Road Litter Pickup Mowing Cycle Weedeating Cycle ROAD OR AREA DATE CONTRACTOR PROJECT MGR Header Canal Litter Pickup Mowing Cycle Weedeating Cycle Shinn Road Litter Pickup Mowing Cycle Weedeating Cycle Page 19 of 20 Orange Avenue Litter Pick~ '-' Mowing Cycle Weedeating Cycle Selvitz Road Litter Pickup Mowing Cycle Weedeating Cycle Edwards Road Litter Pickup Mowing Cycle Weed eating Cycle Jenkins Road Litter Pickup Mowing Cycle Weedeating Cycle Hartman Road Litter Pickup Mowing Cycle Weedeating Cycle Sunrise Blvd. Litter Pickup Mowing Cycle Weedeating Cycle Page 20 of 20 ... ... - . , '-" AGENDA REQUEST ...." ITEM NO. C-2-B DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Bid Waiver and Sole Source Declaration for Southern Security Systems in accordance with the St. Lucie County Purchasing Manual sections 5.5, (a), (2) & (4). BACKGROUND: See attached memorandum. FUNDS AVAIL.: 316-1940-546060-1527 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approving the request for a bid waiver and sole source declaration for Southern Security Systems for the replacement of the computer system for the security and fire alarm system at Rock Road Detention Center. COMMISSION ACTION: [~OVED [] DENIED [ ] OTHER: County Attorney:(X) vy ::~::::::~~atu~ Other: n Purchasing Mgr.:(X) ~Y5 Originating Dept: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\WAIVERS\Bid Waiver Southern Security-2.wpd '-" ~ .. MEMORANDUM CENTRAL SERVICES TO: Charlie Bicht, Manager, Purchasing FROM: Mike Durette, Contracts Coord., Central Services DATE: June 15, 1999 SUBJECT: Sole Source - Southern Security System ------------------------------------------ ------------------------------------------ Southern Security Systems is our monitoring and certification at the Rock Road Detention Center. The attached will complete the changeover from the old computer system to the new computer system to interface with all security devices at Rock Road Jail. Staff recommends waiving the bid process, consider Southern Security Systems as sole source and entering into an Agreement with them in the amount of $61,600. Budget for this project is $75,000. "---4, I 11Lv~ Lk MIKE DURETTE ,~ U MD:bk att. (f; \.0 -{ \.Q L r- s: t:::: -- (j 1', VI r:,-) " '..... :3: .~.. c: - ~;?" .. -¡ N -< \.0 ~.~ . ....."- F - - -~J"'" ~... ."- r" ..~, ._ ~ '_H - ---- @sVhern Security Systv1S of Fort Pierce, Inc. OLEANDER BUSINESS PARK 3281 OLEANDER AVENUE. C-3 . FORT PIERCE. FLORIDA 34982 .. ¡AIL: sosec@metrolinl<.net ,3 SiTE: http://www.sosec.com Florida State Lie. #EF0000738 OFFICE: 561-465-673: TOLL FREE: 60Q-330·505ê FAX: 561-465-82C. 06/09/99 SCOPE OF WORK (1) - SIGN SOFTWARE SUPPORT ANNUAL AGREEMENT @ 5.540.00 THIS AGREEMENT WILL RENEW EACH YEAR. (2) - MAKE OPERATIONAL EXISTING POP 11 SYSTEM "A" AND SYSTEM "B" OBTAIN REQUIRED REPLACEMENT PARTS. (3) - CLEAN UP EXISTING EPL STRUCTURE DATA BASE. REMOVE ALL EXISTING EVENTS PERTAINING TO OLD FIRE ALARM PANELS AND OTHER EVENTS NOT REQUIRED ANYMORE. (4) - CONVERT/REWRITE EXISTING EPL DATA BASE FOR U$E ON N.T. BASED SOFTWARE (WE ARE THE BETA SITE FOR THIS TYPE OF CONVERSION) (5) - INSTALL (2) PENTIUM III 500 POWER EDGE 2300 SCSI N.T. SERVERS WITH N.T. SOFTWARE (6) - REWIRE ALL EXISTING RS 232 COM PORTS AND SWITCH OVER RELAYS TO NEW COMPUTERS HUB CONTROLLERS. (7) - LOAD VEPAC N.T. BASED MINIPLEX CONTROL SOFTWARE (8) - INSTALL (1) PENTIUM III 450 N.T. WORK STATION WITH SEQUEL SERVER AND HOOK UP TO SWITCH OVER PORTS CONTROLLER. (9) - REPROGRAMM ALL EVENTS REQUIRED AND TEST ALL INTERFACED SECURITY DEVICES (FENCE ALARM, PIPE CHASE ALARM ETC.) ~ (10) - OPERATOR TRAINING WILL BE DONE AS FOLLOWS TOTAL OF (6) 3 HOUR SESSIONS WITH HANDS ON. TOTAL COST FOR CHANGE OVER IS 55.860.00 AND INCLUDES ALL LABOR, PDPll PARTS, VEPAC SOFTWARE, ALL COMPUTERS, MONITORS AND TRAINING. SUPPORT AGREEMENT MUST BE SIGNED BY ST. LUCIE COUNTY BEFORE CONVERSION CAN BE ATTEMPTED. FIRE & BURGLARY ALARMS' ACCESS CONTROL' ELECTRONIC GATES & TELE-ENTRY . INTERCOMS . CLOSED CIRCUIT VIDEO TELEPHONE SYSTEMS' INTEGRATED CONTROL SYSTEMS & GRAPHICAL INTERFACING ~ ...., KASTLE SOFTWARE ASSOCIATES LLC 1501 WILSON BOULEVARD ARLINGTON, VIRGINIA 22209 7035288800 FAX 7035282103 Thank you for your interest in Kastle's Vepac software support. By "software support" we mean - · Someone to call 24 hours a day when you have a challenging software or system problem. · Help from the people who wrote the software, the people who have been supporting it for 24 years. · The latest upgrades, including Y2K fixes. · Advice on how to make the system do things you wish it could do. · Help with solving difficult system problems. When the hardware technician says, "It's a software problem," call us for help. """" ~ ,. '-" AGENDA REQUEST ...., ITEM NO. C-2-C DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award bid #99-063 Paint Interior of the St. Lucie County Civic Center. BACKGROUND: On June 16, 1999 bids were opened for the Painting of the Interior of the Civic Center. Twenty seven vendors were notified, nine sets of bid documents were distributed and four bids were received. The low bidder is VIP Painting in the amount of $18,875.00 FUNDS AVAIL.: 316-1931-546200-150017 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-063 Painting the interior of the St. Lucie County Civic Center to VIP Painting in the amount of $18,875.00 and authorize the chairman to sign the contract as prepared by the County Attorney. ~SION ACTION; [ APPROVED [] DENIED [ ] OTHER: County Attomey:(X) [21. Coordination/Signatures Mgt. & BUdget:(X)~~ \~/ ¡;y Purchasing Mgr.:(X) c/¿ Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\BIDS\99-63 award.wpd , .... w W J: en z o - .... « -oJ ::J m « .... c - m i:2 w .... z w o o :> - o > .... Z ::J o o W - o ::J -oJ . .... en w J: .... LL o en en 0:: en en Ow~ æ o 'cD - w>~ ....O::w Zwz M-en::J CDW-oJ' qJ:«C en....o::W en........Z =ltæZW 9«wa. ma.oo . :E . a. c c . . N @ '-" ~ 0 O'lll:t ...JC) 0 z=lt 0 W Wz C :2:- > 01- 0 ~~ ~ Ø) a.. a.. ~ C) æU) ~ I-~ 0 ZO -I- OC") «0 0 z=lt ~~ 0 w C > «I- 'III:t !!!z ..... :2:0 """ 00 : ~ 0 ON ...J-C) 0 Z=lt WæZ 0 W ~. > «u.~ CD :2:~Z Ø) ~w<f ~ :EU)a.. iIj C) ~ Z 0 ~ 0""" Z 0 Z=lt <f 0 w IÖ > a.. ..... a.: CO . CO - :> ;; ~ 0 C) W I- .. « ...J 0 ~ 0 m ~ 'wJI1 li~ .. o w i! ~ o z U) w - z « a.. :E o o u. o ~ W £Xl :E ;:) z . . o W I- ;:) £Xl ã2 I- U) ë In I- Z W :E ;:) o o o o m u. o ~ W £Xl :E ;:) z .. o W > jjj o w ~ In o m u. o ~ W £Xl :E ;:) z ~ 'w' MEMORANDUM CENTRAL SERVICES TO: Charles Bicht, Manager, Purchasing FROM: Nick Dragash, Manager, Central Services DATE: July 1, 1999 RE: Civic Center-Paint Interior Staff recommends the subject bid be awarded to: VIP Painting for the following: Interior Painting the amount of: $18,875.00 Funds Available: 316-1931-546200-150017 , ([{1 I~/ Ut~ Nick Dragash ND:kg OMB APPROV ALaêP (Signed) 1;; If?' (Date) ....., (f) 1..0 --! I..D . . ' C-. C ~"'~-' .- r- C) -.-..",. '- ;---:..., é') 2--~ ,--- 0'1 ...-..' r-r1 c " r-r¡ - <:J :;::... -'.~- .,_...- C) ::¡:: - >4 ,. ~ co '--... ; .ïá- .. -i W -....- ...... -. " -.I """ '-' AGENDA REQUEST""'¡ ITEM NO. C-2-D DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Permission to advertise Request For Proposals for the Recycling of Cardboard from the Landfill BACKGROUND: See attached memorandum FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise a Request for Proposals for the Recycling of Cardboard from the Landfill. COMMISSION ACTION: [~PROVED [] DENIED [ ] OTHER: ou Anderson County Administrator County Attomey:(X) n I--h t]./U '; Coordination/Signatures Mgt. & Budget: Purchasing Mgr.:(X) Other: cß Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\AGENDAS\OTHER\99-73 adv.wpd " '-' ...., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 99-188 Y">;>+::!Hi">"*" ""*U%."i:-o;4':c;y:,,-, "'Y"'~'<\:¥;>~'SM >'~"\"""";-(;" ·~\;:;!U;~;~·;>"''''A~·:·-;:~:\h:·H.<i' i;:/~:\i',',":Hl,rmJ~; W~{h'!'i!i'H¡,W~HM>iJÜ~ '>;~b~;.iiMMi;<iN¥*'3<;;i':¡:+.R';':;"""'~; q:,%,<",.:.'i;/<;!:"" ',";~ji;-"-'&·;A"'j:;',*~>':f;';;;"", ;lW~:,,,'!%*Ú"b~~-"~",i';\',,,"'>~ TO: Charlie Bicht, Purchasing Manager FROM: Leo J. Cordeiro, Solid Waste Manager DATE: June 15, 1999 RE: Request For Proposal The Solid Waste Division would like to have an RFP issued to interested parties regarding the removal of corrugated cardboard from the Glades Road Landfill. We will remove the corrugated cardboard from the Class I and C&D waste stream for recycling and would like to have an agreement where the successful proposer would place roll-off containers at the Landfill and remove them for recycling, when full, on an on-call basis. The corrugated cardboard will be sold to the bidder that offers the best value for the County. We would require a minimum of two 50-yard containers. If you have any questions pertaining to this request, please call me at extension 1631. Thank you. LJC/am c: Ron Roberts, Solid Waste Superintendent , '-" ....., REQUEST FOR PROPOSALS 99-073 Recycling of Cardboard from the Landfill Board of County Commissioners St. Lucie County, Florida 2300 Virginia A venue Fort Pierce, Florida 34982 '-' ..." Table of Contents Part I General Information 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 Part II Statement of Work 2-1 Scope of Work Part III I nstructions for Preparing Proposals 3-1 3-2 Rules for Proposals Proposal Format Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria " W' ....,¡ GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits proposals from responsible Proposers to provide containers for recovered corrugated cardboard and to remove them for recycling on an on-call basis. 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 form the basis of the contract between the successful proposer and the County. At the option of the County, terms 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 informalities, and to solicit and re-advertise for other proposals. -1- '-' "'wI " 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 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 VISITATIONS Any Proposer desiring to visit site locations should contact Ron Roberts at 561-462- 1631 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 , 1999 to answer inquiries received by mail. , 1999, the County will receive and C. The County must receive the proposals by 3:00 PM on ,1999. -2- W' """'" -, D. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. 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: St. 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 #99-073 Recycling of Cardboard from the Landfill". 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 confirmation 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. -3- '-' ...", 1-11 IRREGULARITIES; REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all proposals without cause. 1-12 ADDENDA If revisions become necessary, the County will provide written addenda at least five 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 of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional -4- '-' .." consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-17 FEASIBILITY STUDIES The County has established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become 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 The project manager for the County will be Leo J. Cordeiro, Solid Waste Manager. Roll-off containers will be supplied by the successful proposer. The Solid Waste Division will recover the corrugated cardboard from the C&D and Class I waste stream and place it in the roll-off containers. The Solid Waste Division will require a minimum of two 50 yard roll-off containers to be placed at the Glades Road Landfill. The successful proposer would weigh the full containers on the Landfill scales and then remove them from the Landfill for recycling on an on-call basis. The successful proposer will be required to provide satisfactory evidence to the Solid Waste Division that the recovered corrugated cardboard is being recycled. The recovered corrugated cardboard will be sold to the bidder that proposes the highest percentage of the trade publication Official Board Markets for the County. 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 -5- W' "'w1I 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. 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 information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. -6- '-" ...., ) EVALUATION OF PROPOSALS Part IV 4-1 EVALUATION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. verification of availability of equipment; 2. verification of availability of qualified personnel; 3. past performance 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. 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. -7- W' .."", 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. -8- I ~ AGENDA REQUEST ~ ITEM NO. C-2-E DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of Bid #99-057 Construct ADA Bathrooms - Various Sites BACKGROUND: On June 6, 1999 bids were opened for the construction of ADA Bathrooms at various site in the County. Fifty four vendors were notified, six sets of bid documents were distributed, and two bids were received. Adnan Investment & Development is low bidder on four sites, McCorkle Field, Savannas, Maravilla Park and Indrio Road, in the amount of 168,300.00. Chuck Enns Construction is low on two sites, Frederick Douglas Park, and Lakewood Park, in the amount of $87,519.13. For a total of $255,819.13. FUNDS AVAIL.: will be available in 316-1945-562000-1509 & 316-1945-562000-1529 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-057 Construct ADA Bathrooms - Various Sites to Adnan Investment & Development in the amount of $168,300.00 and Chuck Enns Construction in the amount of $87,519.13 and authorize the chairman to sign the contract as prepared by the County Attorney. [ ] APPROVED [] DENIED [ 4---ofH ER: µ~c¿£J COMMISSION ACTION: Dou Anderson County Administrator County Attomey:(X) Chi / . /y y.,<.¡ COOrQin.tion~ij:'~ Mgt. & Budget:(X) 7::':° Other: Purchasing Mgr.:(X) ~ Originating Dept: Other: Finance: (Check for Copy only. if Applicable)_XX_ Eft. 1/97 H:\WP\AGENDAS\BIDS\99-57 award.wpd , , '-' ST. LUCIE COUNTY~ BID TABULATION SHEET BID #99-057 CONSTRUCT ADA BATHROOMS-VARIOUS SITES/ CENTRAL SERVICES OPENED 6/02/99 AT 2:00 P.M. VENDOR #1 VENDOR #2 ADNAN INVEST. & CHUCK ENNS DEVELOPMENT CONST. COMPANY McCORKLE FIELD $39,800.00 $41,181.00 P. e. BOND $1000.00 $1030.00 SAVANNAS $39,800.00 $43,000.00 P .e. BOND $1000.00 $1075.00 MARA VILLA $39,800.00 $41,181.00 p.e. BOND $1000.00 $1030.00 FREDERICK $44,800.00 $43,700.00 DOUGLAS p.e. BOND $1100.00 $1092.50 INDRIO ROAD $44,800.00 $45,883.00 p.e. BOND $1100.00 $1147.08 LAKEWOOD PK $42,800.00 $41,685.00 P .e. BOND $1050.00 $1042.13 NUMBER OF BID DOCUMENTS DISTRIBUTED: MINORITY VENDOR STATUS 54 II 0 6 II 0 2 II 0 NUMBER OF COMPANIES NOTIFIED: NUMBER OF BIDS RECEIVED: , '-" - --"""" ~- ·-;~!2i&~~i~~/ô'7'.~ ; :,';.' ,-, '.; :":: ,-,,,--\...J¡__ " ---' : ~ c: >~ .:~~ s- t 'i_: [:¡ E~ ~ I ,.' ,'. '1",-'" ",l' '\ ,\)~_,U '<~ \of if Y ,v-- 99 JUL -5 PM I: 39 .-"':":.-',"-' -. ,~- . '-: ~~ I T.... ,.,..-._!! \1-- '-' ~ L LUL!:: l·l;,);'~ Ii "':""", ....-.-,_..-/'"--....~"- _ -f""'J ~....,~, ':1 .~ tV::1=. iJ___'UfU i j ~........ '. . _ .v...,..·...."..--.='··,...· .~.~.~_.-,.,._-~~-~-- --~ MEMORANDUM CENTRAL SERVICES TO: Harvey Lincoln, OMB FROM: Mike Durette, Contracts Coord., Manager, Central Services DATE: June 10, 1999 SUBJECT: ADA Bathrooms - Bid #99-057 Attached please find Central Services' recommendation for the above-mentioned bid. Please review, approve and forward to Charlie Bicht, Purchasing for further processing. Thank you. '-1 /I"'! ,; "/r" , ILi...... ¡'-(, I . MIKE DURETTE MD:bk att. , , '-' MEMORANDUM ...., CENTRAL SERVICES TO: Harvey Lincoln, OMB FROM: Mike Durette, Contracts Coord. Central Services DATE: June 10, 1999 SUBJECT: ADA BATHROOMS Bid #99-057 --------------------------------------------- --------------------------------------------- To do all six(6) ADA bathrooms: Vendor #1- Adnan Investment & Devlopment.... Vendor #2- Chuck Enns Construction.............. $ 258,050.00 $ 263,046.21 Central Services is recommending to award the bid based on the low bid for each facility as follows: Vendor #1 - do four(4) bathrooms: 1. ]v.[c(:()rl(le Jfielcl.......................................... ~. ~J!,,~.................................................. 3. ~ ]v.[aurSL~ ~~It.......................................... 4. !- Indrio Road.................. ....... ..................... TOTAL (4): Vendor #2 - do two(2) bathrooms: 1. '. Frederick Douglas........... .... .... ..... .............. 2. "Lakewood Park........ .... ............ ......... ........ TOTAL (2): TOTAL (6): $ 40,800.00 $ 40,800.00 $ 40,800.00 $ 45,900.00 $ 168,300.00 $ 44,792.00 $ 42,727.13 $ 87,519.13 ------- ------- $ 255,819.13 , , Harvey Lincoln, OMB ADA Bathrooms - #99-057 June 9, 1999 page 2 of 2 'w' ."""" Budget price......................................................... $ 266,713.00 Total of all six(6) bathrooms, two(2) vendors............... $255,819.13 MD:bk cc: N. Dragash ~v ~Ir;' t 0Mn APPROVAL 7) DATE C /'1,. / ! t' '1/ '....,-./.. 1 , î.£~'-" 1 . , --/ / .' /'1 f 1-.' I/J ' 't· ' , .' ,\ / ", i..... v ,~. ;;"-, r ¿C·' '-'", ,---r,,-;,..j¿..,/ / j [,J ¿' " ¡ ./ 7 , " ,', 'i" !¿L ,-{/~ fl-{' ! ¿, ' i ' t'" 1--. ,-þ~{.Á ,.., L - I ->...1 -. I "' /, I ,-..1 --' ' -r /lCG ... /';-c c¡ J:rJ7 ¡- !¿¡;L ?;):Ä )J 7~¿xlC:j1~J: .......- , 'j µ .ox.... ..; tv ¡, ¡' =-- 'Î /"' /t..u-¿~ - ( ,Þ .' -'"?---.._-/ ~ i I » /d~""', / f,,' -r ¿.:..;¿CJ· 'j, ",' í::~¿ w .~\ _/' } 1..... "- J l - .... , .",' ó""" ¥ ~ AGENDA REOUEST ITEM:C -3 DATE: 07/13/99 TO: BOARD OF COUNTY COMMISSIONER PRESENTED BY: REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PÞ~~ Department Head SUBMITTED BY (DEPT): Leisure Services/Marine Safety Division SUBJECT: Replacement of Motorola Model HT440 Two-Way Portable Radio used by County lifeguards stolen on OS/26/99. To be replaced with a Motorola Visar Portable Two-Way Radio. BACKGROUND: The Marine Safety Division is requesting to replace a Model HT440 Portable Two-Way Radio used by County Lifeguards that was lost/stolen on OS/26/99. The Model HT440 is no longer in production so the radio is to be replaced with a Motorola Visar Portable Two-Way Radio at a cost of $1,075.00. Funds will be made available from McCreary corporation reimbursement. FUNDS AVAIL: Funds will be made available in 001.2920.564000.200 PREVIOUS ACTION: N/A RECOMMENDATION: Board of County Commissioners approve Resolution #99-160 and Equipment Request EQ99-217 and grant pe~ission to purchase the radio. DENIED County Attorney: r( f}j 'p¿r- Coordination/Sianatures Mgt. to BUd9.~ c.h Doug ;:1Y purchasing: originating Dept: Other: Other: Finance: (Check for copy only, if applicable) '-" ..., RESOLUTION NO. 99-160 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners Budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from an insurance claim for a Motorola Model HT440 two-way radio, which is used by County lifeguards, that was stolen from Marine Safety on OS/26/99. 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 13th day of July, 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: REVENUE 001-2920-369930-200 Reimbursements $1,075.00 APPROPRIATIONS 001-2920-564000-200 Machinery & Equipment $ 1,075.00 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 AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED THIS 13th DAY OF July, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY m 0' 'c: ;:¡ I: m z -t ;:0 m o ;I!: rg (0 (0 I I\) .... ..... '-' > o o o c: Z -t Z c: I: m m ;;9 c c .... I I\) (0 I\) <? 01 0) ~ c c <? I\) c c .,., t:: :::s ~ ~ :::: ~ ~ ~ õ õ' CD a :::s- ~ Q) ~ 5' ::;: enen CD en' ~ ê: W ðJ ~ ~ Q);::¡. 0 '< :::s tJ !2: c -. CD ~ ~. ~ ~ g' I ~ èi)" ::E ~ ~ ~ :-I~ ':"'IQ) :::r t:: èij" CD 9-~en o' Q) t::!: Q) ... :::s ..... t:!- CQ Q) g' õ g Q) ø en .., "0 ..... :3 Q) 00(') .... Q. CD ~~Q) c cij" s: ..... :::s 0 ~ 0 õ c õ' ~ ~ :::s Q. CQ Q) ~ s: S· 8.. ~ ~ a :t ê- ~ (') ~ g:c ~ Õ ;::;: =¡: ::E ~ ::::'" o-~ CD 0 ø ~ ~ Q) _0- Q) (j) (') CD ii3 Q. Q. ::¡: õ' §: Q) 0- CD :3 Q) g. Q) ~ ~ 0- (j) S· t:' :::s ~ c c .... I I\) (0 I\) <? 01 ~ C c <? I\) c ~ ~ :;; õ > -t Õ Z c <: Cñ õ z c m "tJ > ~ I: m z :-:I ~ ::0 ~ ~ .,., 111 -I -<: ¡- OJ C/) ~ 111 C/) ~ s o 111 C/) > "tJ "tJ ;:0 o < m ~ ~ en :ë:: o ::tI 111 S C/) ~ ;:0 m o o I: I: m z c m c en :-4 mï DC: c:0 =õm 3:0 mO zc: -4Z ~~ Dm c:o m» en::o -40 "'0 0." ::00 ::!!o enc: Oz ~~ -<0 mo »3: ::03: ....a. _ cøen cøen 0)- ·0 ~z m ::0 en ~ C/) NATIONAL '-" ...., e MOTOlHX.A UDIO CO.MUNICATlONS SERVICE DAVE'S COMMUNICATIONS, INC. 2530 OKEECHOBEE ROAD · FORT PIERCE, FL 34947 · PHONE: (561) 464-9711 June 1.7, 1999 To: St. Lucie County From: Daves communication Subject: Replacement Two-Way Radio. To Whom-it May C~ncern. The replacement: cost of a Mot o-rol a V-isar :?ortable- Two- Way radio is $1075.00 suggested manufacturers list price. The Motorola Model h'"T4'4Er i-s no- longe-r in- production. :D::Y(M~ Uenni sA. -Ml.~ 1 er Dave's Communications, Inc 25-3-(ì <7keechobee Rd. Ft. Pierce, Fl. 34947 (56l) 4-64--9-711 Fax (561) 489-6438 .'.........~.. ~f . . .. R' INTERNAL REQUISITION AUTHORIZATION For W"'ouae Orders and Other QuotaUona '-' ....,¡ DEP"FITMENT: Leisure Services/Marine Safety FUND: DA T" 1UP\JT PAGE CLERK REQUISITION NUMBER REQUISITION DATE 06/17/99 DELIVER TO: Com#: 72574 REMARKS: VENDORS: I NUMBER ! ., 198 : 1121 NUMBER ¡ NUMBER ; "3 NAME ADDRESS NAME ADDRESS NAME ADDRESS SOLE SOURCE Dave's Communication EMEROENCY ~URCHAIE _TEal ..0 QUANTITY UM DESCRIPTION -e acemen or' o-wa -_.~o y VENDOR '3 VENDOR 112 VENDOR ., UNIT PRICE UNIT PRICE UNIT PRICE TOTAL PRlcr . :>. ~ PRICES ESTABLISHED BY: VENDOR TOT ALS .3 '2 ., 1,075.00 VENDOR REPRESENT A TtVE ., .2 REQUESTING PERSON ---;r:; - /;'" .' '. ( C/ '/' ~L.( t.LJ . ¿, -/ ;: - '7' ,Y '-" ...., LEISURE SERVICES _ 7 ~©~'J DEPARTMEN'r MEMORANDUM FROM: Peter Keogh, Special Facilities Managq( TO: Joe Finnegan, Risk Manager DATE: June 1, 1999 SUBJECT: Marine Safety/Missing Radio #936 Accident/Incident Report (DOI OS/26/99) ***************************************************************** Please find attached an accident/incident report for your review and processing. If you have any questions, please do not hesitate to call. PK/hh Attachments cc: File "~/" .' -fð- ')YÙ.u l:-li' - ¿- -/ - ., 'J · 1rnmëeB8teJy after an accident. fill out this fornt. '-' ...,; ST. LUCIE COUNTY LOSS REPORT, PROPERTY ¡:o¡:¡ :JAMAGE TO YOUR OWN PROPERTY I~ co.. NAME Of COMfW Y / CUENT LOCATION St Lucie Count Leisure Services/Marine Safet ACORESS CITY 2200 .Vir;:~ia Avenue Ft ?ierce LXATlON OF LOSS South Beach Boardwalk, 430 Sou~h AlA, Ft pierce FL [WE OF LOSS ME OF LOSS ESTlMATE OF LOSS 5/26/99 4:55 PM $200 BUILDING AND/OR CONTENTS ŒTAlLS OF LOSS ~dio #936 was noticed missin~ at end of work day. The twc radios that were needed ~his da were returned. All =adios were accounted for the ~revious da . CARGO NAME Of DRIVER :JESCRIPnON OF VEHICLE· INCLUDE MAKE. MODEL. YEAR. SERIAL NO. TELEPHONE (407) 461·3820 FAX (407) 461-3820 Ext. 219 BOILER 8& MACHINERY DETAILS OF LOSS Training Officer , I OWNER OF VEHICLE dV(Lk£. df£'tko FCR; ::'~::::C= ?OL!C:: 9E?ARTMENT 920 s. U. s. :=1 . ?O. BOX 1149 · FORT PIERCE, FL 34954 :MP!..OYEE DISHONESTY NAME Of EMPLOYEE DATE OF EMPLOYMENT JOB TITLE ROBBERY OR SAFE BURGLARY CULPRIT APPREHENDED - EXPLAIN POUCE AUTHORITY INVOLVED - EXPLAIN ATTACH SUPPORTING MATERIAL - POUCE REPORT - NEWSPAPER ACCOUNT. DETAILS OF CLAIM. ETC. SUMMARY (HOW lOSS OCCURRED AND DAMAGE EXTENT) ATTACH SUPPORTING MATERIAL. AN'( AVAILABLE REPORTS. NEWSPAPER ACCOUNT. PICTURES. REPAIR ESTIMATES OR BILLS. ETC. At end of work d Case#: 99-05-1332 ST. LUCIE COUNTY '-' ....." SUPERV1S0R'S INVESTIGATION REPORT T~e unsafe acts of persons and the unsafe conditions tlìat cause ac:idents can be corrected oniy '.v hen they are known spec:fically. It is your responsibility to f:nd them and name them and to state the remedy for them in this report. Cooe' '::.Jmpany Branch or Subsioiary SLC Board of County Commissioners Leisure Services/~arine Safety _:catlon of acc:cent (The name or numoer :Jf building. srore. dept., floor, ere.) Date and hour of accident South Beac~ Boardwalk, 430 South AlA, Ft Pierce,FL 5/26/99 4:55 PM \;ame of injures Jerson inlurec's dept. or dIVISIO~ N/A \' injUreC5 ¡OD or position N/A N/A Jescnbe the inJury Missinq Radio #936 Jescnbe the ac:;:dent (State what the InJurea was doing and the circumstances .eading w the acc:aenr) At end of work day, Radio #936 was noticed missing. The other two radios used this day had been returned. At the end of the previous day, they were all accounted for by Captain Andrew Ritchie. U nsate condition (Describe as oily floor. poor light. lack of guards on belts and gears. :Jroken steps. etc.) ~ I... I.~/ .n. Unsafe act - Unsafe work procedure (Describe as removed guard. adjusted moving machine. or a specific item of substandard procedure. lack of planned safety, erc.) WA . Remedy (As a supervisor. what action have you ta To keep radios in Lt's possessi and to ropose taking to prevent a repeat accident) te a radio sign in and out sheet daily Date report prepared 5/26/99 (Use reverse side for ske ch and additional detail.) approved by SAF-l - ST. LUC'r" CO{JNTY l\tIARINE s.AFF"1:Y ~CIDE1'rr REPORT 'wi ...-_-- -.- . - - . -- Grmerr:l. Infor.narion . . , ::aœ "s _ "2. V q'i T"= \ ~ '. <::: ..:- L"W ¡:.,iorc= .".g-)"7 Dse i¡! ? 1- ¿ '') - 13 J .2- :-_.~~dby cÞo\.. ~"'~~('= : T<..:\-~~~ :-:,pe oÍinci~-'!: ~. ~,',c; : "" «-¡ \~.;o. t \' 0 (--# C) ç ~ '> - ~- :J~nnisJ ::n"}nived ~~ s~ ~:m1e Adå....~s P~one :'fa. -' - - ~ -c~c~ (' c,=" J W':'~~~ N :m1e'; s) Aå~ l'~one :-f o. - - ?rf c::".ne 5,z:~ ()fflt:~ r~ F:'!T;)~~ ()ffi~ f). 0 c: { f-;" c-(!/' /Ì1, ¡-/..e- /' lie ¡ iD# ID'¡: s 'f;~~~ ë::?'" ~ - -- - - :. ~ fS -.. -s-"_. -. #c. :"- (~_..:. __I albl:-D; \ - " ." " '-' ....., AGENDA REQUEST ITEM No.(JIIfA DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Nick Dragash SUBMITTED BY (DEPT) :Central Services SUBJECT: Personal Computers and Uninterrupted Power Surgers for Fleet Maintenance Program BACKGROllliD: Fleet Maintenance is updating their program to comply with Y2K and new fleet maintenance software is required (see attached quote from Automated Services) PREVIOUS ACTION: FllliD AVAIL. : 510-1920-564000-100 Equipment Req. #EQ99-214¡ BA99-123 (attached) RECOMMENDATION: Staff recommends the Board approve purchasing the 3 PC's and 3 UP's for the new fleet maintenance program in the amount of $3,645. DENIED nderson Administrator ~~:O:::IQH' [ ] OTHER: Review and Þ.pproval ~ Management & Budget: (x) Origin. Dept: () Other: () County Atty: () Purchasing: () Eff. 6/3/96 .. ( '-" ....,¡ MEMORANDUM CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Nick Dragash, Manager, Central Services DATE: June 15, 1999 SUBJECT: AGENDA REQUEST 3 Personal Computers & 3 Uninterrupted Power Surgers - Fleet Maintenance Program BACKGROUND: A new fleet maintenance program is being purchased to comply with Y2K and 3 PC's and 3 Uninterrupted Power Surgers are needed for this program. (Letter from Fleet Manager and Automated Services are attached). RECOMMENDATION: Staff recommends Board approval to purchase the 3 PC's and 3 up's for the new fleet maintenance program in the amount of$3,645. NICK DRAGASH ND:bk att. · W' ....., -- FM99-15 FROM: NICK DRAGASH, CIS MANAGER ROBERT REYNOLDS, CIS FLEET MANAGER TO: DATE: JUNE 15,1999 RE: JUSTIFICATION FOR 3 PC'S AND up'S FOR FLEET MAINTENANCE PROGRAM (NEW) We currently operate with a NCR tower and operate from dumb terminals. This tower is not, nor will it ever be y2k compliant, because ofit's age. This was confirmed by Skip Arendt, in Automated Services, Hardware Division. Attached is the system requirements for the new fleet maintenance software. We have only 1 PC, which is being used for a number of tasks including the tracking ofFuelmaster, the fuel dispensing system for the county. Along with this also I am enclosing a copy of the quote from Automated Services. The 3 PC's will be used by Danny Wolf, Garage Supervisor, Kathy Addison, Parts Clerk, and myself Bob Reynolds, Fleet Manager. The UPS's are needed to prevent power surges that we frequently get here at the garage. ~~~~ger \ñ\ ffi ®-1L13L~~, R ¡.,.r- ' \f"'.. ~ '. I ' 1 " \...1 1..>-1 1- -.' -----"-... "" r.: ~. .!" -- .- -~ r-, ~., r - - \ \... , ..' ' - .' _ __.-J cc: Skip Arendt, A/S Hardware Support Manager file _.'. .-.-- .......~.;.._.. .- / '-' ...., ¡ FM99-10 FROM: NICK DRAGASH, CIS MANAGER BOB REYNOLDS, CIS FLEET MANAGER RE: APRIL 28, 1999 FLEETNUUNTENANCESOFTWARE DATE: The staff recommends that we purchase the fleet maintenance program from D P Solutions, Inc., as it meets our requirements for fleet management. We have called to get a written quote from Skip Arendt, in Automated Services hardware support department, for 3 PC's, 3 UPS's, and whatever is required for fibre optic cable. Quote #11399. We consulted with Al Harbin, from Automated Services software, concerning the capabilities of billing the departments at the end of each month, and he confirmed that the software was able to handle the task. Al would also like to send 2 of his software people over to the garage when the classes are given on this programming. These training classes would be held at the garage facility. This program is not 100% y2k compliant, but were given the assurance that it would be by the 1 st of June, 1999, with the up-grade software supplied at no extra charge. Ifthese requirements were not met our purchase price would be refunded. The price of the software package and training $9,995.00, accommodating up to 8 people per training session. This quote is good until the 15th of May 1999. See attached written quote. Bob Reynolds, CIS Fleet Manager cc: Danny Wolf, Service Garage Supervisor Skip Arendt, Automated Services Al Harbin, Automated Services file W' St. Lucie County Automated Services 2300 Virginia Ave Fort Pler.:e, FL. 34982 USA ...." TelephQne: 561/462-1681 Quote Date 05/11/99 Computer System Quote 89901139901 Quote For: Adminis:ra:ton - Central Services Pu~ehase Order NU:T::¡er Reference :-: í139~ -"i,;st::r.",er ¡ To Fol!:>w Item Nurr.be~ I Unit of Meas~~e I Item Descri;¡tion - i T Unit Pnce =~,: C:' ,I"'" _".....01"""" 3 i PCPENT P C\P ent\32mb\2gbH D 0\3 .5\FO D\N 1 C\ V ':2 A \Wi n95\C 0 R OM T 885.00 Extenåed Pr::;e Qr)'. Q:.JCJ~ec ! ~ ì I 3' I WPOFFSUITE8 Wordperfect Office Suite 8.0 UPSAPC500 UPS APC 500 180.00 54J.:: I 3: 150.00 458.:: "'7 r;: E6,... ! , =!:e~ G¡:tIC R-=:'::,5:~UCt tr'Lere IS n~ c;-,arge !~ yo~ =:¡r Jean ~ Se~"::;: Garage, Total Order 3b4::;.i...- This IS a quc~a~:on for the Items requested. To initiate purchase of the i~ams, use the regular purchase order procedure to Issue a purchase order to Automated Services. vendor number 3099. Upon receipt and installation of the items we will send an invoice for submission to Finance for processing, Pnr,t Date ::~:1 ~ 199 2:22 PM Customer Onglnal P--=- G:!_ '-' M GUIDELINES C for Windows file Complete Maintenance Management System · 100': \\ilndm..s PC compatible Pentium' · Microsoft W,ndol·.S 95 ,Windows NT (351 or later), Windows 3 1 or \\ :ndOl\s for Workgroups 3 1 lor later) · 16MB total rT'e~'o., · 3 5" 1,44MB hlS- density disk drive · Color VGA 640,':'30 resolution displa, UPTIME for Windows The Ultimate Work Order Scheduling System · 100', Windo'.·.s PC compatible 486 DX 66\lHz · 1\1¡crosoft WincO...5 95 Windows '\T (351 or later;, \\lnOOI\S 3,1 or \\ o.da\\s for Workgroups 3, ¡',or !ater) · 16\IB total men-a", · 35" 1,441\lB hiS'" ce~sity disk drive · Co!or VGA 640\430 resolution dlspla\ · 25\IB free disk s:ace Fleet ,^;1aint for Windows The Advanced Mobile Equipment Management System · 100', Windol'.s PC compatible Pentium · Microsoft WindOl"s 95, Windo\\s NT (3,51 or later), \\lndows 3,1 or \\:ndol"s for Workgroups 3,1 [or later} · 16MB total memor:, · 3,5" 1,44MB high density disk drive · Color VGA 640x480 resolution display CMMS/2000"'ClientIServer CMMS/2000 is a robust maintenance management system that helps mainte- nance departments plan, schedule, control and track all maintenance-related activities. Designed for ease of use and task-oriented operation, CMMS/2000 deploys the latest in client/server technology to help you make day-to-day and strategic decisions. CMMS/2000 consists of three stand- alone maintenance systems: CMMS/2000 Manufacturing, CMMS/2000 Fadlities, and CMMS/2000 Fleet-each designed for the unique needs of its industry and scaleable for small, medium, and large operations. CMMS/2000 is based on a three-tier cli- ent/server architectt:re, utilizing Oracle' back end database- for optimized perfor- mance and stability. Available in 1998. . Subsequent versions will also be compatible with Microsoft SQL Server:" PMC for Windows, Fleet Maint for Windows. and UPTIME for Windows are available in Spanish versions, MS-DOS' versions of all products except CMMSI 2000 are available, Fleet Maint. PMc. and UPTIME are available in single·user and network versions :..,~~! " ': .'. ',P", .;'.~' ;." ".'[ ¡,......,.,:.,! I"'~ I' \ 1\1~ )',1,', ,....., ", ,.,...,..', '.' uP ~'. "I I'·'·., ," ,'\.." ,'. ,..,' , . ,. ~ , '-,' , ¡;." .'.' .. ':,e <,... ,",' ., .. ""'" "J'._ - :..:{e].11C ..;;1 ., 1.11:11 '('¡~ OVERALL SYSTEM FEATURES E ...tenSI\'e H,storical Analyses Via Reports and Graphs Fui!~ (ustomlzable \\Indo\\'s and Reports \\Ith Access E .:ens"e Online Hel~ Reguiato" Compilance Documentation 10SHA, ISO, EPA, FDA, Pr~,!ect Tracking \1u1tl·Compar.\ Capab!i!t~ · · · · · · · · · · · · · · · · ASSET MANAGEMENT (EqulpmentfVehlcles) .-\:.;:c~a~:c Asset-:~-Pa:'"t Cro$s References \\arrar,ty Tracking Or,,:ne \\a!"rant~ Fi3gS C~~;:rehenS¡'.'e "a:r.:er.ance H~stcr:es · · · · · · · · · · LABOR AND CRAFT MANAGEMENT Laoor Forecastlr.g ar.c Lsages C8~;:;re!":er.s'\'e Adc:-ess Book P:-cL,es Tlr:'"f Card Er,tr\ S~'s:err, · · · · · · · WORK ORDER MANAGEMENT P:a¡:neo ¡PM! a~c LrOlanned \1alr.tenance \\'orl\ Orders \\çrk Order Rec:;ests \\ç,rk Order Scheau!:r:g \',IU", Pr:Qflt:. \\ç"'l<; Orders P!'i:"':ted ';u:c..ma~lca:i~ \\Gr¡.; Oreers D:sp:a~.ec b~ \\ee.... ar,d MOl1tr L!".; r;'lted Tasks per Pr::cec:.Jre Sa~e:·. Ir.structlor.s 0:'" \\'or;'; O!"ders · i · · · T · · · · · · · · · · · · · · · · · · · · · · · I · · · · · · · · · · · · I · · · · · · · · · · · · · · · MAINTENANCE SCHEDULING \1a,r,tenance Schedued b:. Da.. \1eter'Mlles, Count, Fuel L ser,Deflned Ca¡endar for \ ai'd Da:;s Or-sue€n Schecuilng Caier.dar Syst€m Calcu!ates \1aintenar:ce Priorities PARTS INVENTORY MANAGEMENT Par:s Forecasting ace i.,sages Ca;c",ates On,Hand, Ailoca:ec, and Available Inventory Multiple Locatlocs per Item with Consolidated Counts Pn:;sICa, Inventory System Au:omatlC Parno-Asset Cross References ¡"Where Used, Substltute,Alternate Part> ",or,-Stocked Parts on Work Orders and Purchase Orders Cross-Company Part Transfers with Security PURCHASING AutomatIC Vendor-to,Part Cross References Purchase RequIsition System AutomatIC Parts Reorder Alert Purchase of Non·Stocked Items Work Orders Waiting for Parts Received Alerts Vendor and PurchaSing Anal,·ses · · · · · · · · · · · · · · COST TRACKING AND CONTAINMENT Create Budgets and Track by Cost Center Outside Contractor and Miscellaneous Cost Tracking Inventory ValuatIon Fuei and Oil Tracking Tire Tracking VMRS Codes · · · · · · · · · · · · ADD-ON OPTIONS Bar Code Interface System Predictive Interface State Fuel Tax Module Fuel Log Module FueiTrac Data Collection System · · · , · · · · · · · · · · · · · · · UTILITIES AND TECHNICAL FEATURES Microsoft Access' Development and Database 100', WindOws Compatible F:exlble, Mult¡-Level Se::U:-ity ASSignments Source Code Provided at ",0 Additional Cost '-etwork Version has i.,nl,mlted users at No Additional Cost Object Embedding for CAD Dra\\lngs, Schematics, etc. Database Archiving BUilt Ir. · · · · · · CUSTOMER SUPPORT SERVICES Onslte Implementation Project Planning and Executlor'l Soft\"are Application TraInIng lor Users Ded,cated Helpline Support Maintenance Managf:m€nt Education and Certification · · · · · · · I . · · · · . .. I, '1,' ",' "'\' . ; ¡f)'. ,j'" "'1'.''>'''''''1 " '. '¡;.rr,..'...', ..,' ': '^ '''''·1\",", \,'.,~. 'J',,,,~ 'I'¡ \\ , , ,\ ". ',.. ..': '. "'~'-" ..... ',I ' r , '.. ':"; ,I' I, .~ 1 :.' '1' ".', I,,' \\\" ~ ¡"",,¡. ," ,.."..".".....,...... ~ '-'.JDGET AMENDMENT REQUEST FO...... REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMS/Central Services/Service Garage June 15, 1999 June 22, 1999 TO: 510-1920-564000-1 00 FROM: 510-1920-568000-100 REASON FOR BUDGET AMENDMENT: CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN eft. 10101194 Machinery & Equipment $3.645 Software $3,645 New Personal Computer for the Service Garage's fleet management system. The current system they now have is not large enough for the new fleet management software. 99-123 UJ a:: w zen O~ - co UJen UJen - - ::æa:: ::æ< Ow 0>- ~-I Z< :J0 O~ OLL LLa:: 0f2 C.... a::UJ <W O:J mO ~~ Z.... :JZ OW O::æ We: -:J °0 :3w ....: UJ CI) ~ fa CI) 5: ~ o <: CI) ~ c W C Z W :E :E o o W 0:: c W > o 0:: 0- 0- « CI) IJ.J ü 5: fa CI) -.J ~ ¡..: ~ ü .:.: z W :E ~ « 0- W C ....", E .æ ~ (I,) .!1 c:: ( ) . E ~ ~~ c:: ° ca (I,) E ..... ..... c:: ( ) ( ) r;<g ~ 3: tJ ( ) ca c:: § .(1,) E ( ) ..... tJ ( ) ~ ~ ca (!) 3: ( ) ( ) () c:: '- ( ) ~ :S CI)~ ( ) '1:j :S § ~ .c: Q ( ) ~ :S 0, .... .c: .S :3 tJ ~ ê- :3 ° ~ 0 ::::: ° c:: Q () ( ) ( ) ca ( ) .c: "'" tJ !:))....c:: c:: >;;; (I,) 0 ~~ ( )a:: ~õ-g~ :3 c:: C3 '-' g- .~ .S Il)- >;;; ( ) .c: 0) .~ :> .~ ~s ..... ca .c: c:: .c: 3:: ( ) 3: - ü' .g°E- ca c:: .:3 <: Q. ::>. ~ . ( )( )-Q Q:S~Q (I,) E ca u... ( ) \1) Il) .~ 1;5 .~ M ~~E -to ~ ~.æQ!JJ .æ ~~!:::8 ~:3(1,).Q::'1l) ê:~3:O)æo ( )o( )C\l..lL.Cl Ü()c::cnO~ ( ) ( ) .~ ~ Q ~~~~~~ Il) Il) ~O~~ C\¡ ;1) ~ cv) ~ ~ ~ z o ¡::: « o ü: ¡::: t/) :J "") - - o o ...... o o o ~ Il) o C\ 0) ...... o ...... Il) Ii:: W m :E :J Z ... Z :J o o o « '<t ...... C\ I 0) 0) o IJ.J ð W 0:: ... Z W :E e: :J a W ~.. - / jI' ..,.", '.."", AGENDA REQUEST ITEM NO. C-4b DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING CONSENT [x TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:Nick Dragash SUBMITTED BY (DEPT) : Central Services SUBJECT: Rock Road Jail Booking Addition - Bid #99-058 BACKGROUND: On May 4, 1998 the Sheriff's Dept. requested a change to the Booking Area configuration due to the level of operations at the Rock Road Jail. PREVIOUS ACTION: FUND AVAIL. Funds are made available in: 315-2910-599330-250017, 310003-2330-599330-250017. RECOMMENDATION: Staff recommends the Board approve the award of the contract for additions and renovations to Rock Road Jail Booking to the low bidder Adnan Investment and Development in the amount of $548,900. Staff also recommends the Board approve the additional funding required to fund the proj ect, including contingencies ($69,760) in the amount of $220,000. [ ] APPROVED [ [L--] ;JTHER: !{'/l-c.W .- ,- rI DENIED ~~~ , <L--. u Anderson County Administrator COMMISSION ACTION: - f.' Review and ~proval Co.Atty. ( ) Management & Budget (x) Purchasing ( ) _____Orig.Dept.: Other: Other: Eft. 6/3/96 " '~ '-" ,'"""" MEMORANDUM CENTRAL SERVICES TO: Board of County Commissioners FROM: Nick Dragash, Manager, Central Services DATE: July 2, 1999 RE: Agenda Request - Rock Road Jail BOÇ>king Addition - Bid #99-058. BACKGROUND: On June 19, 1998, a work authorization was issued to the architect firm of Stebbins, Scott & Bergman for professional services for additions and renovations to Rock Road Jail Booking. On May 22, 1998 the Board funded the project in the amount of $444,000 based on the March 12, 1998 estimated costs by the architect firm. The architect firm submitted a memo of additional cost items June 30, 1999 which would affect the final project costs. RECOMMENDATIONS: Staff recommends the Board approve the award ofthe contract for additions and renovations to Rock Road Jail Booking to the low bidder Adnan Investment and Development in the amount of $548,900. Staff also recommends the Board approve the additional funding request to fund the project, including contingencies ($69,760) in the amount of$220,000. ~ Nick Dragash ND:kg - '-' ...", ITEM NO. C- 5 AGENDA REQUEST DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: OMB PRESENTED BY: Harvey M. Lincoln Budget Resolution # 99-161 appropriating funds from the Florida Department of Environmental Protection for the Florida Boating Improvement Program (FBIP), FY99 allocation in the amount of $63,422. Pursuant to Section 327.25(16), Florida Administrative Code, FBIP funds can be used for the sole purpose of providing recreational channel marking, public launching facilities and other boating-related activities. FUNDS WILL BE AVAILABLE: 001251-7240-334712-7954 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Budget Resolution #99-161 establishing the budget for the FY99 FBIP allocation. COMMISSION ACTION: [~ROVED [ ] OTHER: [ ] DENIED County Attorney: XX ¿7f' ug Anderson C unty Administrator Purchasing: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) XX G:G:\budget\wp\agenda's\agenda99\7'13FBIP _ Grant.wpd - '- .... '-" ...,., RESOLUTION NO. 99-161 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from Department of Environmental Protection in a form of a FY99 Florida Boating Improvement Program allocation. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 13th day of July, 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 001251-7240-334712-7954 Florida Boating Improvement Program $63,422 APPROPRIATIONS 001251-7240-563000-7954 Improvements OfT Buildings $63,422 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 13th day of July, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:G:\budget\wp\agenda·s\agenda99\7'13FBIP _ Grant.wpd - ....,- ~' AGENDA REQUEST ..., ITEM NO. C- ~ DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY: Human Services PRESENTED BY: Beth Ryder, Managert::0d.- TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approval of the application for the 1999/00 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens. BACKGROUND: Yearly the Commission for the Transportation Disadvantaged (CTD) allocates funds to each Community Transportation Coordinator (CTC) for non-sponsored trips for the transportation disadvantaged. The allocation for St. Lucie County for FY 99/00 is $189,912 and requires a local match of $21,101 which will be appropriated in FY99/00. This grant is used to purchase trips for the transportation disadvantaged whose transportation needs are not provided under another program. FUNDS AVAIL: 001245-4910-534000-400 PREVIOUS ACTION: Annually, the Board approves and accepts the Trip/Equipment Grant with the Commission for the Transportation Disadvantaged. RECOMMENDATION: Approval of the application for the grant, authorization for the Chairman to sign all documents necessary to execute the application and approval of Resolution No. 99-156. Originating Dept. E: COMMISSION ACTION: [~PROVED [] DENIED [ ] OTHER: County Attorney:x ;tr/ Review and Approvals Management & Budget: Purchasing: Other: Other: Finance: (Check for Copy only, if applicable X- Eff. 5/96 '-' ~ EXHIBIT A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED GRANT APPLICATION INFORMATION FORM CONCERNING THE TRIP/EQUIPMENT GRANT PROGRAM l. DATE SUBMITTED: 2. LEGAL NAME OF APPLICANT:!=:t- Tour. i p r.ount-y HOArn of r.ommi ss i oners 3. FEDERAL IDENTIFICATION NUMBER: 59-6000835 4. REMITTANCE ADDRESS: ? iOO Vi r~; n; A AUPn11P 5. CITY AND STATE: Fort Pierce. Florida ZIP CODE: 34982 6. CONTACT PERSON FOR THIS GRANT: Beth Ryder 7. PHONE NUMBER: (561) 462-2376 FAX NUMBER: (561) 462-1703 8. (REQUIRED)E-MAILADDRESS:hp.th@stlucieco.90v 9. PROJECT LOCATION (County(ies)): St. Lucie County 10. PROPOSED START DATE: , 0 101 Iqq . . ENDING DATE: 09/30/00 lla. ESTIMATED PROJECT FUNDING: lIb. PLANNING FUND ALLOCATION TRANSFERRED TO TRIP GRANT State $ 1 R q q 1? 00 State $ Local $ 2 1 , 10 1. 00 TOTAL $ 211 .013.00 llc. VOLUNT ARY DOLLARS REQUESTED State $ Local In-Kind TOTAL $ Trip & Equipment Grant Application 1999/2000 Form Rev. 5/19/99 Grant Application Page I '-" ""'" 12. I hereby certifY that this document has been duly authorized by the governing body of the applicant, and the applicant intends to complete the project, and to comply with any attached assurances if the assistance is awarded. TYPED NAME OF AUTHORIZED REPRESENTATIVE AND TITLE SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE 13. &IT REQUIRED IF ONLY TRIPS ARE PURCHASED I hereby certify that this grant has been reviewed in its entirety by the County Coordinating Board. COORDINATING BOARD CHAIRPERSONS SIGNATURE DATE Trip & Equipment Grant Application 1999/2000 Form Rev. 51l9/99 Grant Application Page 2 ~ '-' EXHIBIT B PROPOSED PROJECT AND FUNDING I. PrQject Description and Cost A. Non-sponsored trips $:;nl,013.00 B. Capital equipment 1. 2. 3. -0- $ $ $ c. Contingency _0_ $ Total Project Cost $ 211.013.00 II. Funding Participation B. D. E. A. Commission for the Transportation Disadvantaged State Funds (%) $lf~q q 1? 00 Cash Local Match ( %) $ 21.101.00 c. Voluntary Dollar Contributions ( %) $ -0- Match for Voluntary Dollar (If in-kind, so state with monetary value) $ -0- Total Project Cost $211,013.00 m. Estimated cash-flow ofFY 1999/2000 STATE grant funds only ($ x 1000) Onb' complete this section if desired cash flow is different than one twelfth of state funds per month. FY 99/00 FY 00/01 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Trip & Equipment Grant Application 1999/2000 Form Rev. 5119/99 Grant Application Page 3 ~ ..", Exhibit C RESOLUTION NO. 99-156 A RESOLUTION DESIGNATING THE HUMAN SERVICES MANAGER AS THE DESIGNATED STAFF PERSON FOR THE COMMUNITY TRANSPORTATION COORDINATOR DUTIES FOR ST. LUCIE COUNTY AND AUTHORIZING THE FILING OF A TRANSPORTATION DISADV ANT AGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to submit a Transportation Disadvantaged Trust Fund Grant Application to the Florida Commission for the Transportation Disadvantaged for Fiscal Year 1999-00. 2. This Board is authorized to undertake a transportation disadvantaged service program pursuant to Section 427.0159, Florida Statutes, and Rule 41.2, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. This Board hereby authorizes the submission of a Transportation Disadvantaged Trust Fund Grant Application with the Florida Commission for the Transportation Disadvantaged for Fiscal Year 1999-00 in the total amount of One Hundred Eighty- Nine Thousand Nine Hundred Twelve and 00/100 dollars ($189,912) in Transportation Disadvantaged Trust Fund monies and Twenty-One Thousand One Hundred One and 00/100 dollars ($21,101) local monies, a copy of which is attached hereto as Exhibit "A". 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. Grant Application Page 4 '-" ....,¡ 3. This Board further designates the St. Lucie County Human Services Manager as the staff position to execute any and all subsequent documents necessary including agreements, assurances, reimbursement invoices, warranties and other documents which may be required in connection with the Transportation Disadvantaged Commission. 4. This resolution shall become effective on adoption. Aftere motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this 13th day of July, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Grant Application Page 5 '-' ."" 088846 Fund: 790056 Function: 55 1200 00 952 Contract No.: TDTF 035 FM/Job No(s).: SAMAS Approp: SAMAS Obj.: Org Code: Vendor No.: FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of 19_, by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called, the Commission and !=:t- T.l1rip C()l1nt-y R()¡:¡rò ()f C()mm;!';!';;()npr!'; 2300 Virqinia Avenue, Fort Pierce, Florida 34982 hereinafter called the Grantee. WIT N E SSE T H: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation services and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW,.THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 31, 1999~ and as further described in Exhibit(s) A. B, C attached hereto and by this reference made a part hereof, hereinafter called the Project~ and, to provide Commission non-sponsored financial assistance to the Grantee and state the tenns and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 1 of 18 Pages '-' 2.00 Accomplishment of the Project: """" 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the law and provisions of Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant, as revised on March 31, 1999. 3.00 Total Project Cost: The total estimated cost of the Project is $ . This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit perfonned in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of$ as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively rrom the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and then only if a match, as specified in the Application and Policy Manual for the Trip and Equipment Grant, is provided by the Grantee. 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only rrom the date of this Agreement. It is understood that State participation in eligible project costs is subject to: Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 2 of 18 Pages - '-' ...., a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement; 4.30 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision which changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B". This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any significant deviation ftom the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current urùform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Trip & Equipment Grant Agreement 1999/2000 Form Rev. 5/19/99 Page 3 of 18 Pages ~ ...." 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it trom the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds". The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Grantee or oth~rs, shall be supported by properly executed payrolls, time records, invoices, contracts, driver's manifests, vouchers, vehicle titles, and detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart tròm all other such documents. 7.60 Audit Reports: The Grantee shall provide for each of its fiscal years for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or 'an independent certified public accountant, reflecting the use of the non-sponsored transportation funds of the Commission, the Grantee, and those trom any other source with respect to the Project. Audits shall be conducted under the guidelines of the United States Office of Management and Budget (OMB) Circular A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. For Grantee fiscal years beginning on or before June 30, 1998, the reporting packages and data collection forms shall be submitted to the CTD regional manager by the Grantee within the earlier of30 days after the receipt of the auditor's report, or 13 months after the end of the subrecipient's fiscal year. For fiscal years beginning after June 30, 1998, the reporting packages and data collection fonns are to be submitted within the earlier of30 days after the receipt of the auditor's report, or 9 months after the end of the Grantee's fiscal year. For audits conducted only under Section 216.349, Florida Statutes, the report is to be submitted within the earlier of30 days after the receipt of the auditor's report, or 12 months after the end of the Grantee's fiscal year. The date the audit report was delivered to the Grantee must be indicated by the Grantee in correspondence accompanying the audit report, or reporting package, and data collection fonn. The Grantee shall follow up and take corrective action on audit findings. OMB Circular A-I33 further requires the preparation ofa summary schedule of Trip & Equipment Grant Agreement 1999/2000 Fonn Rev. 5/19/99 Page 4 of 18 Pages ~ ..,., prior audit findings and a corrective action plan for current year audit findings. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A", "Special Considerations by Grantee". 7.70 Insurance: The Grantee shall cany insurance on Project velúcles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of$lOO,OOO for anyone (I) person, $200,000 per occurrence at all times in which Project vehicles or equipment are engaged in approved project activities. The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 CoUision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition on form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "c" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, including, at a minimum: (l)the date the Grantee incurred project costs and equipment, vehicles or other property or services associated with the Project; (2)a statement by the Grantee certifying that the Grantee has acquired the property or services; (3 )the actual consideration paid for the property; and ( 4 )an attestation, on the form or forms prescribed by the Commission, trom the head of the Grantee, under the penalties of perjury, that the Grantee has complied with the provisions of the Grant Agreement. The designated signatory of the Grantee must sign the following attestation which appears on all Commission form invoices and requisitions: I certify, under penalty of perjury, that the aforesaid listing is true and correct, and the Agency has complied with the provisions of the Agreement. Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 5 of 18 Pages '-" ." 8.12 Comply with all applicable provisions of this Agreement. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the, Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 DisaUowed Costs: In detennining the amount of the Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "C". 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is met. Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19199 Page 6 of 18 Pages '-" ....", 8.50 Commission Oaims: :u: after project completion, any claim is made by the Commission resulting fÌ"om an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount fÌ"om payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) -days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may tenninate any or all of its oþligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other' action as' may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable fÌ"om the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 7 of 18 Pages '-'" 12.00 Contracts of the Grantee: .."", 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commissio,n as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Pr:ovisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affinnative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other fonns of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: Trip & Equipment Grant Agreement 1999/2000 Fonn Rev. 5/19/99 Page 8 of 18 Pages '-" ~ 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee trom any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or finn in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in_the work of this agreement or in the perfonnance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds trom any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for , contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a fonner employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: tlNo member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. tI The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impainnent). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act of 1990, as it may be amended trom time to time. Trip & Equipment Grant Agreement 1999/2000 Fonn Rev. 5/19/99 Page 9 of 18 Pages '-" ..., 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. 13.60 Public Entity Crimes: No Grantee shall accept any bid ITom, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of36 months ITom the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as, a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid ITom, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 14.00 Miscellaneous Provisions: 14.10 Environmental PoUution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law: Provided, that ifany of the provisions of the Agreement violate any applicable Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 10 of 18 Pages '-" .."", State or federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment purchased or financed in whole or in part pursuant to this Agreement in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make altera~ions or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project vehicles and equipment is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles, whether leased or purchased, are used to meet the identified transportation needs of the non-sponsored and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Leased and purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This imderutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Re~bursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole detemùnation of the Grantee's interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment which are leased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25. 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commisssion and the capital equipment still has useful life, tThe Grantee must request written approval fÌ"om the Commission prior to dìsposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds fÌ"om the sale of purchased project equipment and vehicles shall be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored. If the Grantee does not elect to re- invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. Trip & Equipment Grant Agreement 199912000 Form Rev. 5/19/99 Page 11 of 18 Pages '-" ~ b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commission's Capital Equipment Procedure or the Commission. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the, Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit" A". Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold hannless the Commission and all their officers, agents or employees ITom all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting fÌ'om the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision oflaw. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339. 135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement fÌ'om the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 12 of18 Pages '-'" """'" made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year. " In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission's performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before If the Grantee does not complete the Project within this time period, this agreement will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than 90 days after the expiration date of this agreement. 19.00 Agreement Fonnat: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which sO" executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors Rights: Vendors (in this document identified as Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed ITom a period not to exceed five (5) working days to a period not to exceed eleven (11) working days. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured ITom the latter of the date the invoice is received or the goods or services are received, inspected, and approved. The Grantee shall promptly pay all subcontractors their proportionate share of payments received ITom the Commission. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 13 of 18 Pages '-' """'" A Vendor Ombudsman has been established within the Commission of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) rrom the Commission. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-2924. Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 14 ofl8 Pages '-" ..., FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE St T '1(, i E' Connty RoQrr'l of County Commissioners BY: CHAIRPERSON OR DESIGNEE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TITLE~hairman. Board of Countv Commissioners ATTEST (SEAL) NOTARY ATTEST: (SEAL) TITLE: DATE FUNDING APPROVED BY COMPTROLLER (SEE A TT ACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Trip & Equipment Grant Agreement 1999/2000 Form Rev. 5/19/99 Page IS ofI8 Pages '-" ...., FM/JOB NO(S). CONTRACT NO. EXHmIT "A" PROJECT DESCRIPTION AND RESPONSmILITIES TRIP/EQUIPMENT This exhibit forms an integral part of that Grant Agreement, dated , 19_, between the State of Florida, Commission for the Transportation Disadvantaged and St f.llr.ip. r.ollnty Ro;::¡rn of rrl11nt-y (""nmm;!':c:;nn~rc:. ?300 "irgir::liiil Au<¡¡¡r:HJ.'iiI. Fort Pierce, Florida 34982 PROJECT LOCATION: St. Lucie County PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 31, 1999. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code. Capital equipment will consist of: N/A SPECIAL CONSIDERATIONS BY GRANTEE: 1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's equipment specifications, "Guidelines for Acquiring Vehicles" dated October 1993 (or as updated), "Part 1, Bid Documents," dated July 1995 (or as updated), and "Part 2, Specification Guidelines for Specialized Vehicles," dated July 1993 (or as updated), or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 16 ofl8 Pages '-' ., FM/JOB NO(S). CONTRACT NO. EXHffiIT "B" PROJECT BUDGET AND CASH FLOW This exhibit fonns an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St T.1Ir.ip. County Hoard of Commissioners .2300 Virginia Ave.. Ft. Pierce. FL 34982 dated I. PROJECT COST: Estimated Project Cost shall confonn to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41..2, Florida Administrative Code, the most cwrent Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on May 19, 1999. Trips shall be purchased at the fares indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code. Non-sponsored Trips $ 211,013.00 TOTAL $ 211,013.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $ lRq . ql? 00 $ 21,101.00 $ -0- $ -0- Local Cash Funds Voluntary Dollar Contributions Monetary Value of In-Kind Match Total Project Cost $ 2tLt013~aQ III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ x 1000) JuI Aug Sep Oct Nov Dee Jan Feb. Mar Apr May Jun. FY 99/00 FY 00/0 I Trip & Equipment Grant Agreement 199912000 Form Rev. 5/19/99 Page 17 of1S Pages ~ .., FM/JOB NO. CONTRACT NO. EXHmIT "C" TRIPIEQUIPMENT Tlús exlúbit fonns an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and ~t-T.llr i p rOllnt-y ROnrn of rOllnt-y romm i RR i nnprR , :noo Virginia Ave., Ft. Pierce, FL 34982 dMed THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit an audit report, based on the agency's records, in accordance with 'Section 7.60 of this Agreement. Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a proper preaudit and postaudit thereof Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail sufficie~t for a proper preaudit and postaudit thereof CERTIFICATIONS: Certification of Equivalent Service in accordance with the Commission's policy on the acquisition ofvelúcles as it pertains to the Americans with Disabilities Act of 1990, as amended. Said certification shall accompany any reimbursement request for velúcles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities trom a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes, and in Rule 41-2, Florida Administrative Code. 2. Contracts furnishing contractual services or commodities less than $15,000. 3. Contracts for consultant services less than $5,000. Trip & Equipment Grant Agreement 199912000 Fonn Rev. 5/19/99 Page 18 of 18 Pages W' ..." AGENDA REOtJEST ITEM NO. C-7 A DATE: July 13, 1999 CONSENT X REGULAR PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: SUBJ~CT: BACKGROUND: FUNDS AVAJ;IABLE: N/A PREVIOYS ACTION: RECOMMENDATION: COMMISSIO~ ACTION: ~;ROVED ] OTHER: County Attorney: community Development/Tourism Division ·t~ 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 $6,822.46 for June represents cost for the following: $ 6,322.37 $ 243.75 $ 83.84 $ 172 . 50 Media Placement Fees Expenses Public Relations Request approval for payment on the invoices for the month of June in the amount of $6,822.46. The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. DENIED Coordination/Si9natures Management & Budget: Purchasing: Originating Dept.: Other: Other: Finance: (Check for copy only, if applicable) roØMS\AGIŒBO " i ~ W' N R J Statement R.J. Gibson, Inc. 11911 U.S. Highway One, Suite 206 North Palm Beach, FL 33408 DATE 06/25/1999 I AMOUNT DUE AMOUNT ENC. - I $8.417.46 I DATE I TRANSACTION AMOUNT BALANCE I 1 06/24/99 Balance forward 0.00 1006 Summer 99 Ads- I 4,.~P~1 06/25/99 INV #99-456 6,2J5.88 06/25/99 INV #99-460 I 1,100.00 7,335.00 I 06/25/99 INV #99-462 I 582.37 7,917.37 I I I I 1007 Fees- 06/25/99 1Þ.ry #99-457 243.75 8.161.12 11008 Expenses- I I 06/25/99 INV #99-459 83.84 8,244.96 I I 1009 Public Relations- - - TO: >. St. LUCIe County Tourist De\'. Co uncial 2300 Virginia Avenue 'I h ""œ FL 349882 I I 0612:>/99 INV #99-458 11911 U.S. Highway One, Suite 206' North Palm Beach, Florida 33408·561 626 1800 Fax: 561 694 6954 172.50 8,417.46 I AMOUNT DUE $6V8~~ i~6 Soõthem Uting I . ..., nVOlce rKl 825'600<J; ¡.'AI E 06/20/99 I'NÆ 1 MÍ'I<[ CHFC.KS PAYABLE TO: SOUTHr.:r:¡r'II_~'i, j¡, ., <!," ' . R¡;'~,1INGHM,; /\i. ;:',?('.,'. ~'I~( I"¡¡' I 'lIS! g,; .¡, P9 - R J GIBSON sUIre 206 11911 Us HIGHWAY ONE, NORTH PALM BEACH FL 33~08 p! ¡ 1\ ,i !;r It Ii :~! 'If 'dll Ifli,!í. f ¡\[ 'VI( J_: \VI fH P^YMH,j '11' .\ ,:;: il ~I "f,' 'PF I; cr;1 r \11 II \ Yl 'I 'H 1\«( '( IlINT' 1<, ,1/; I{r ';>J¡ ST. lUCI E COUNTY TOURIST DE .1 ¡nMS Nf r ,;0 [,I\,'{S FH()M INVOICE DATE. PP." nr) ~:I'/ r ,'pr / I; 01 JUL -..----_..._-,,- . , ,I ,'1 ":.' ; ¡ ~ : . ~ . (¡ .1' i - bh_ j ..---- ,',- 1999 RSe I r ,1 IH4 8N, , i I AGENCYCO"MISSION : REG ION--SoUTMEAST . , :' . _._. -.----..-- .. --. ---- '!;r'J'¡\li '.:rJ .'\f,~OpP.Ji - --_. ""------ . 1 ..--.. .--..---. -----_ 4,640.00 I 696.00- IX 3,944.00 j:'~co~c. . 1 ~ it. It ", "I: it.ø q.c. · f\ 1-+ ~q~~ ~ " '!' I· . .. ... I' " , I I I' !' ~ ... PLEAse NOTE PAYMENT TERMS ... , NET 30 DAYS FROM INVOICE DAtE ¡ PLEAse WRITE INV#.ON PAYMEH.TTt, A t .......l ' , ' FdY )IS moun ---,.- TIT r~J\Tl: ~lOtT! I I 3,9"000 I """ " '-' BILL TO St. Lucie County Tourist Dev. Councial 2300 Virginia Avenue Ft.Pierce FL 349882 DESCRIPTION Job 1212-1006 Summer Advertising Florida Journal-- July 1999 -- 1/6 Page b/w Tenns Net 10 Davs .R N DATE 06/25/1999 Total 11911 u.s. Highway One. Suite 206· North Palm Beach. Florida 33408·561 626 1800 Fax: 561 694 6954 ...., Invoice INVOICE # 99-462 AMOUNT 582.37 $582.37 ~ ~ RJ BILL TO St. Lucie County Tourist Dev. Councial 2300 Virginia Avenue. Ft. Pierce FL 349882 DESCRIPTION Job 1212-1007 Fees Account Service/Meetings 3 hrs @ $65. Media Planning and Placement .75 hrs @ $65 Tenns Net 10 Days N Ìfttt!II DATE 06/25/1999 11911 u.s. Highway One, Suite 206' North Palm Beach, Florida 33408·561 626 1800 Fax: 561 694 6954 Total f' ", Invoice INVOICE # 99-457 AMOUNT 195.00 48.75 ~3.7S J .., " '-" R J BILL TO St. Lucie County Tourist Dev. Council 2300 Virginia Avenue Ft. Pierce FL 349882 DESCRIPTION Job 1212-1008 Expenses ~ N DATE 06/25/1999 Federal Express Charges 1) OS/24 -- may billing to Gayla $10.71 2) 06/07 -- to Gayla from:MK Willson $10.71 3) 06/07 to Okeechobee News $14.62 4) 06/07 to Highlands Today $14.62 5) 06/16 to Family ?vIotor Coaching $11.13 6) 06/18 to Family Circle $11.34 7) to Gayla BaIWick from Mary Kay Willson $10.71 Tenns Net 10 Days Total 11911 U.S. Highway One, Suire 206' North Palm Beaçh, Florida 33408' 561 626 1800 Fax: 561 694 6954 Invoice INVOICE # 99-459 AMOUNT 83.84 ~3.84 '" ;7J rr ".. "T ~~ rr1 ;.;.:. " ,., .... .. i=:' ~. (. n ~' ". en C'"> '"II :2'; ,..,; ~~.. n ;;>J ...... C> :Þ fT' r ':;'~ ~~ '^ o 7't t-.. ~,.;. t-"'- ...... o c-:I ~. "'TT I TI (".... .., U] e: -r:> ~~ ~ =:x :r: rT' -I Z -I -Jt-F VI .., :t~ Z r.;::t U) :1"'" Pl ~J ~~ e::-:t rr, ,. ~.. r'l ,,' -I " I ;0' ~,~~. ...Æ; ;~: ;M ~:~I .1'" ~~ f"1 ,~~ (";1 r'1 -. c.. \.~ ('r"I r·<, t.. 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'"' '~I -=, .r.. (!'.) ''T~ '.'0 (t" Þ "I ":7' I' ö' 'r, (. I .-t' -:.1 :"I' .t~. c:.o.., 'TI '~f' W ~; , ~ , I' U'.I ~~ ~;~ '-' ro1 =<' ~ c.:...' Cø 0 ~,,~, ,..' " ¡. '1~1 1." !,. .1" ':" ~" ,.' '" I' .' , 'T"" l'l :r" f I' "::-. ;,2' .., (0; .:=; f~'1 c.:: ~:~... I 1.1' ~; ~~ 'T' ,t. ~: ø''': '" .~, _' J.~ r.: L.· u' .- ft' -'. :tf:. .-1' t-··· t,·· ';0 ~':' I.h ... , .... «.,1' :r. "I _1":' ;::; Z ,"';, 17' r:-"1 ::",1 ~~. t' C' r.. ~~. ;~: '-'-;'1 . . ,,' ,~ '" Ú! ~ " ,,' I~~w È: ¡g~ "', <: IT' ~ .t;. d ,,' ", ~ ,t, :"~ ¡ ... '," I..' , , I,:' '" t "' I I I-' " ~, :1 ~ ,,' 1"\ ('-I " ~-~ '-q fll Jr .., t'''1 ;." Ir: "'T" ?" , I.... ¡ ,.11'-1 ~' {:.; ;,-: t:'-I r'l 1'1 ('I . . ." (-:1 " I I"" ~~ ~~ ... '" It';'''''' :t', r (..I r': 1 .."~ rll l :;!f r"! I I l'.r 'n (If ,.=t .... '-' BILL TO ·St. Lucie County Tourist Dev. Councial 2300 Virginia Avenue Ft. Pierce FL 349882 DESCRIPTION R J N ......, Job 1212-1009 Public Relations Public Relations -- Florida Journal Visit -- coordination, initial pitch, itinearary 1 Hr @$75. Public Relations -- Meeting time Florida Joumal1.5 hr @ $65. Tenns Net 10 Days DATE 06/25/1999 11911 u.s. Highway One. Suite 206' North Palm Beach. Florida 33408·561 626 1800 Fax: 561 694 6954 Total Invoice INVOICE # 99-458 AMOUNT 75.00 97.50 ~ $172.50 - - '" ~ AGENDA REQUEST 'WJI ITEM NO. t 16 DATE: July 13, 1999 CONSENT [ X] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development Sl rnJECT: Request approval of the Historic Preservation Grant Award Agreement between the State of Florida, Department of State, Division of Historical Resources and the St. Lucie County Board of County Commissioners. BACKGROUND: The grant award agreement sets forth the tenns and conditions for the $20,000 matching grant and the Phase I archaeological survey of unincorporated St. Lucie County. This is Phase I of a two Phase survey to locate and document the County's archaeological resources and provide recommendations to assist with the development of a County historic preservation program. FUNDS A V AILABLE: Funds in the amount of $15,000 are available in account 102-1510-53100-100 in FY98-99; $17,000 will be provided through in-kind services. PREVIOUS ACTION: On August 25, 1998, the Board of County Commissioners approved the submission of the Historical Resources Grants-In-Aid Application. Funding for this project was requested and granted through the FY98-99 budget process. RECOMMENDA TION: Approve the Historic Preservation Grant Award Agreement between the State of Florida, Department of State, Division of Historical Resources and the St. Lucie County Board of County Commissioners. COMMISSION ACTION: [~;ROVED [] DENIED [ ] OTHER: -- Do gl. Anderson County Administrator County Attorney: y Purchasing: Originating Department: Other: Finance: (Check for Copy only, ifapPlicable)~ Other: ~ '-' ....,¡ Board of County Commission Review: 7/13/99 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Community Development Director DATE: June 30, 1999 SUBJECT: Request approval of the Historical Preservation Grant Award Agreement between the State of Florida, Department of State, Division of Historic Resources and the St. Lucie County Board of County Commissioners On August 25, 1998, the Board of County Commissioners authorized the submission of a Historical Resources Grants-in-Aid Application to the Florida Division of Historic Resources requesting $20,000 in matching funding for the St. Lucie County Archaeological Survey, Phase I. The Phase One Survey was proposed to assist the County in providing adequate protection of the County's cultural history. According to state and local archaeologist there is a high probability that a large number of cultural sites are unidentified in St. Lucie County. During the Phase I Archaeological Survey of Martin County, 73 sites were assessed and 38 new sites located. As a result of their first survey, consultants predicted a total of 250-300 such sites exists in Martin County. St. Lucie County's archaeological history is expected to be as rich. The grant award provides $20,000 in matching funds for Phase I of a two phase survey. The state match is expected to provide approximately 50% of the costs to hire an archaeologist that meets Florida's Historic Preservation Professional Qualifications standards. The Phase I Survey will include literature research, modeling to determined the expected number of sites in the County, and location and documentation of sites. The study WiI! also provide recommendations for the protection of archaeological and historical resources to assist in the preparation of a County Historic resource program. Funds in the amount of $15,000 are available in account 102-1510-53100-100. Another $17,000 will be provided through in-kind services. These in-kind services include, $12,000 in local cost share funds provided by Jack Roberts, Director of Learning Resources, St. Lucie County School Board, who will provide a television production team, produce, direct and edit a program related to this project and broadcast the production over Cable Channel 13. The remaining match ($5,000) will be provided by County staff and volunteers who will assist the selected consultant with research, and preparation of maps and supporting documents. Staff recommends that the Board of County Commissioners approve the Historical Preservation Grant Award Agreement between the State of Florida, Department of State, Division of Historic Resources and the St. Lucie County Board of County Commissioners. Submitted: Julia hewchuk Community Development Director dw · (' '-" .."", Historic Preservation Grant Award Agreement Survey and Planning Grants - Advanced Payment Grant No. S0053 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referted to as the Department, and the St Lucie County Board of County Commi~ioners, a political subdivision of the State of Florida, hereinafter referred to as the Grantee, relative to the St Lucie County Archaeological Survey Project, hereinafter referred to as the Project, and is entered into this day of . 1999, and shall end on June 30, 2000. The Department is responsible for the administration of grant-in-aid assistance for historic preseIVation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter IA-3S, Florida Administrative Code, which regulates Historic PreseIVation Grants.:in-Aid. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of twenty thowand dollars (520,000.00) have been reserved for the Project by the Department The Department and the Grantee agree as follows: 1. The Project shall include the following authorized project work: A. A reconnaissance level archaeological survey of St Lucie County will be conducted. The study will focus on background research" identification of known sites and a predictive model for further archaeological field investigations. Florida Master Site File forms will be completed or updated for all identified sites. A Survey Log Sheet and a Final Survey Report will be produced. B. A draft of the Survey Report will be submitted to the Department no later than forty-five days prior to the end of the grant period for review and approval. C. Upon completion of the Project, three copies of the Final Survey Report and one copy of the Survey Log Sheet and Florida Master Site File forms, as specified in Attachment B, will be submitted to the Department as final products of the Project ll. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDmONS GOVERNING GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY attached as Attachment " A", and Chapter lA-3S, Florida Administrative Code, and the following specific conditions: A The Grantee agrees to complete the Project by June 30, 2000 and submit the Final Products and the Final Progress Report and Final Expenditure Report, as specified in Attachment " A", Part IT. subparagraph B.2., within 30 days of completion of project work. No costs incurred prior to the commencement date of this Agreement are eligible for payment from grant funds. No costs incurred after the above project work completion date will be eligible for payment unless specifically authorized by the Department before the cost is incurred. B. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department The Grantee hereby agrees to be responsible 1 " '-' ""'" for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. C. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. D. The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services'set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. E. The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. F. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. G. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and linùtations of the Project in relation to the State Historic Preservation Program. H. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. I. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section 112.061, Florida Statutes. J. The Grantee recognizes that the State of Florida, pursuant to Section 212.08(6), Florida Statutes, is not required to pay taxes on any goods or services which may be provided to it pursuant to this Agreement. K. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further· liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. L. All project work must be in compliance with the Secretary of the Interior's Standards for Identification and Evaluation. 2 'w' ..""" M. The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color, handicap, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. N. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or' cost of collection related to the grant. O. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. P. Each grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.349, Florida Statutes. Q. The product of the Project must be the original work of the Grantee or its consultants. If the work of others is used as background information, it shall be appropriately credited to the originator. III. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of twenty thousand dollars ($20,000.00) If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up to a maximum payment of twenty thousand dollars ($20,000.00) In order for any expenditure to qualify for payment, it must be properly documented, be for work performed during the term of the Agreement, and for a charge which is reasonable in amount and directly related to and necessary for the completion of the authorized project work. The total amount as prescribed above shall be made to the Grantee in four quarterly installments. The first three may be made at the beginning of each quarter for which they are allotted. Grantees shall submit the four signed Requests for Advanced Payment Forms (No. HRlE560397, effective 3/97), herein incorporated by reference, with this signed Grant Award Agreement to initiate the grant The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every reporting period of the grant period. Progress and Expenditure Reports shall be received by the Department within 30 days of the ending of a reporting period. Within 30 days of completion of project work, the Grantee shall submit the completed "Final Progress and Expenditure Report" form to the Department. The last grant payment installment shall be payable during the last quarter for which allotted and upon receipt and verification of the Grantee's Final Progress and Expenditure Report and verification of all previously submitted Progress and Expenditure Reports. When advance payments have been made by the Department, adjustments for overpayments shall be made quarterly and upon receipt of the Final Progress and Expenditure Report, unless otherwise agreed by the parties. In addition, in the event that all project work which is the subject of this Agreement is not fully completed in both a timely and satisfactory manner, the Department reserves the right to demand and receive full reimbursement of all sums which it has paid the Grantee under this Agreement. Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant assisted work by the Department. The Department further agrees to the following conditions: A. The Department shall review and approve as to form and content all proposed contracts of the Grantee for the procurement of goods and services relating to the project work and all proposed contract change orders or amendments prior to fmal execution of said contracts, change orders or 3 '-' """'" amendments, but said review and approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. B. The Department shall review and approve detailed plans, specifications, and other bid documents for construction work relating to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommendations; and confer with the Grantee and its professional consultants as necessary throughout the course of the Project, to assure compliance with the objectives, requirements and limitations of the State Historic Preservation Program. IV. The payment schedule of grant funds shall be subject to the timely filing of required reports and to any speCial conditions required by the Office of the Comptroller, State of Florida. Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the State. The Grantee shall report interest earnings quarterly, and shall remit the total interest earned at the end of the grant period in the fonn of a check or money order made payable to the Florida Department of State. V. This Agreement is executed and entered into in the State of Florida, and shall be construed, perfo~ed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perfonn its obligations hereunder in accordance with the terms and conditions of this Agreement VI. If any tenn or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such tenn or provision shall be deemed stricken. VII. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. VIII. Each grantee, other than a grantee which is a State agency, agrees that, its officers,. agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. . IX. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter lA-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work perfonned and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were , an original party to the Agreement. X. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XI. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: 4 ..... "WI A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the tenns and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. Third party contributions applicable to the suspension period shaU not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. The grant shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. ' B. Termination. Tennination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. 1. Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of ' termination. 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two 5 W' """"" parties will agree upon the tennination conditions, including the effective date, and in the case of partial tenninations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the fIrst payment on the grant although the Department must be notifIed in writing prior to cancellation. After the initial payment, the Project may be temúnated, modifIed, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notifIcation of the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to tennination. Costs incurred after the effective date of the termination will be disallowed. XII. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to~ ,St Lucie County Board of County Commissioners, 2300 Virginia Avenue, Fort Pierce, FL, 34982, for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of åny change of address, all notices shall be deemed delivered if sent to the above address. XIII. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. XIV. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. 6 · '-" """" All written approvals referenced in this Agreement must be obtained from the parties' graQt administrators or their designees. ~e Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: DEPARTMENT OF STATE GEORGE W. PERCY Director, Division of Historical Resources ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Signature of Authorized Official Typed Name and Title of Authorized Official 7 ,~ .~.."........ '-" AGENDA REQUEST ~TEMNO. csA DATE: July 13, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G Cole Property Acquisition Manager SUBJECT: Environmentany Significant Land Program Indrio North Savannas Project FCT#95-052-P56 Ankrom - Parcel 120 Meyer - Parcel 173 Hendrick - Parcel 175 Boccardo - Parcel 176 Viol - Parcel 219 Krahl/Dailey - Parcel 228 BACKGROUND: Please see attached background memorandum. FUNDS AVAILABLE: Funds win be made available in account #382-3915-561000~310035 PREVIOUS ACTION: August 1, 1995 - Received Board of County Commission authorization to submit Grant Application to Florida Communities Trust (FCT) for the purchase of Indrio North Savannas Project. March 26, 1996 - Received Board of County Commission approval of the Conceptual Approval Agreement with Florida Communities Trust to purchase the Indrio North Savannas Project. RECOMMENDATION: Staff recommends that the Board approve the Option Agreements for Parcels 120, 173, 175, 176,219 and 228 highlighted in purple on the attached map, authorize the Chairman to execute the agreements and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. C;ZISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: ---- I'J~ Reyiew and ~prQv;>~~ [X] County Attorney: .' [X] Management & Budget: , [ ] Pur c has i n g : _ [X]Originating De~ ~ ~ [X1T...iRur.. Svs' (¥ [X]COmm.DevelOP:~ [X] Finance: (check for copy only, if applicable) ~.Çb. ~~, Effective 5/96 '" ~ ""'" PROPERTY ACQUISITION DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald G. Cole, Property Acquisition Manager July 13, 1999 Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 Ankrom - Parcel 120, Meyer - Parcel 173, Hendrick - Parcel 175, Boccardo - Parcel 176, Viol- Parcel 219 and Krahl/Dailey - Parcel 228 BACKGROUND: On March 26, 1996, the Board of County Commissioners approved the Conceptual Approval agreement with Florida Communities Trust (FCT) for the purchase of 228 properties witliin the Indrio North Savanna Project. The Board authorized the use of $600,000 of the County Environmentally Significant Land (ESL) funds to match a 50% grant from FCT. , On the attached map of the project, the parcels that are subject of this request are highlighted in purple. All the parcels were purcnased at or below the Maximum Approved Value. The negotiated savmgs totaled $5,100.00. The options for the subject parcels are available for your review in the Property Acquisitions Office. RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the option agreements for Parcels 120, 173, 175, 176,219, and 228 highlighted in _purple on the attached map, authorize the Chainnan to execute the agreements and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted: c~~ð Property Acquisition Manager CC: County Administrator County Attorney Community Development Director Leisure Services Director Finance Director Management & Budget Manager Indrio North Savannas Fcr #95-052-P56 Legend Project Boundary Closed Transaction - County Owned Option Agreement Approved by BOCC Executed Option Agreement VelbalAcceptanœ Still Negotiating I No Response c.. "cp ~ ~ ~ ~ Community DoveIopment 1 Geographic Infonnation Systems 1 Map prepared July 8. 1999 N 11111_ ... _ ~ for.......pIIIútc """ ......... _..w, __-...-..... IIO\dIIfu..---- _~.IoIÚ-..........IogoIIf~_ ~ AGENDA REQUEST .... ITEM NO. C - $6 DATE: July 13, 1999 REGULAR PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Street Re-Naming - Garden Lane to South Indian River Lane Private Ingress/Egress Easement Resolution No. 99-158 Govt. Lot I, Sect. 29, Twp 36S, Rng 41E BACKGROlMD: See attached memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: February 23, 1999 - Approval of Resolution No. 99-53 RECOMMENDATION: Staff recommends that the Board approve Resolution No. 99-158 for the proposed street renaming of "GARDEN LANE to SOUTH INDIAN RIVER LANE" I as indicated on the attached map, for this private ingress/egress easement and direct staff to record the Resolution in the Public Records of St. Lucie County, notify all the property owners and all the necessary entities of the approved street name. COMMISSI<3f/ACTION: /' [~PPROVED [ [ ] OTHER: DENIED as Anderson Administrator County Attorney: ) Review and Approvals Comm. DeveloP'~ Public safety:~ 0¡¡ Publicworks: ~ÜI.A..._..../ Finance: (Check for Copy only, if applicable) Co. Eng. ,.,....-- .ßf~ Eff 5/96 Originating Dept.~ , ~ '-' PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: June 25, 1999 SUBJECT: Street Re-Naming - Garden Lane to South Indian River Lane Private Ingress/Egress Easement Resolution No. 99-158 Govt. Lot I, Sect. 29, Twp 36S, Rng 41E The Property Acquisition Division has received a request from the property owners on Garden Lane to rename their private Ingress/Egress Easement to South Indian River Lane. This easement is east of the Florida East Coast Railroad, west of the Indian River and approximately 1.25 miles north of Walton Road. On February 23, 1999 the Board approved Resolution No. 99-53 naming the un-named private ingress/egress easement to Garden Lane. The purpose of formally renaming this Ingress/Egress Easement is that staff has received requests from the residents of Garden Lane. They believe that the renaming of this private ingress/egress easement will retain their values of Indian River Drive property owners. This private ingress/egress easement is privately owned. The County does not own or maintain this easement. The four(4) property owners living on this easement sent us the attached request for changing the name of the road to South Indian River Lane. ;: '-' "WII The Community Development Director and Public Safety Division have approved this road name change to INDIAN RIVER LANE. RECOMMENDATION: Staff recommends that the Board approve Resolution No. 99-158 for the proposed street renaming of "GARDEN LANE to SOUTH INDIAN RIVER LANE", as indicated on the attached map, for this private ingress/egress easement and direct staff to record the Resolution in the Public Records of St. Lucie County, notify all the property owners and all the necessary entities of the approved street name. Respectfully submitted, c L2)~~ u Donald G. Cole Property Acquisition Manager DC/bv G:\acq\WP\BELINDA\STREETNA\Indian River Dr\bocc memo2.wpd '-' 'oJ RESOLUTION NO. 99-158 A RESOLUTION RE-NAMING THAT CERTAIN INGRESS-EGRESS EASEMENT AS GARDEN LANE TO SOUTH INDIAN RIVER LANE LYING IN GOVERNMENT LOT 1, SECTION 29, TOWNSHIP 36 SOUTH, RANGE 41 EAST OF ST. LUCIE COUNTY, FLORIDA. WHEREAS, THE Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.0S(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 duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.0S.0a(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 (U.S. 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. 1 '-" .'wJI 4. The following street name has been reviewed, verified and approved by 911, Property Acquisition Division and Community Development Department. 5. The private ingress/egress easement more particularly defined according to the attached map and more particularly described in EXHIBIT UA" attached, located in Government Lot 1, Section 29, Township 36 South, Range 41 East, lying East of the Florida East Coast Railroad Right-of-Way and West of the Indian River shall be renamed from GARDEN LANE as recorded in Official Records Book 1209, Page 1197 to SOUTH INDIAN RIVER LANE. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The private ingress/egress easement more particularly defined according to the attached map and more particularly described in EXHIBIT UA" attached, located in Government Lot 1, Section 29, Township 36 South, Range 41 East, St. Lucie County, Florida, lying East of the Florida East Coast Railroad Right-of-way and West of the Indian River shall be renamed from GARDEN LANE to INDIAN RIVER LANE. B. The sole purpose of this resolution is to rename GARDEN LANE to INDIAN RIVER LANE as set out above. Nothing in 2 '-' ....." this Resolution shall be construed as indicating the intent of the Board to accept maintenance of this private easement. C. The Community Development Director Engineer is hereby directed to notify the appropriate utilities, the u.s. Postal Service, the Property Appraiser, the Supervisor of Election, 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 Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 13th day of July, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:\acq\WP\BELINDA\STREETNA\Indian River Dr\Resolution2 29 36 41.wpd 3 '-'" ....., EXHIBIT "A" LEGAL DESCRIPTION AN EASEMENT FOR INGRESS AND EGRESS BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: THE NORTH 20' OF THE SOUTH 275.98' OF GOVERNMENT LOT 1, SECTION 29, TOWNSHIP 36 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF THE FLORIDA EAST COAST RAILROAD RIGHT -OF - WAY AND WEST OF THE INDIAN RIVER. (f) (Q O)(f)W C\J 0.. T""" .- "¢ c..c oCl)Q) :;:;CQ) ü~C Q)oct! (f)!-a: , -... -(.0 c)" 8C) IC) tv¡C) tv¡ C\J '- -... CJì .... C) 8 , 0;) C) o o I ~ C\J '- -... o " o o -- ~ 8 o , ~ C\J '- -... f'.- .... o o - I èS o o , tv¡ tv¡ C\J '- '-" c\¡-- 8::t 00 '0 ~o C\J '- , lC)...... 0lC) 8' '8 f»o ~ '- -... tv¡ " o C) C) , C\J o o C) , tv¡ tv¡ C\J '- -... '\t " o o -- , C\J o 8 I tv¡ tv¡ C\J '- -... f'.- " C) C) C) ~ C) C) C) , tv¡ tv¡ C\J '- -... '= o 8 , f'.- C) o o , '\t tv¡ C\J '- -... '\t .... 8 o , l() o o o , tv¡ tv¡ C\J ~ C\J l() tv¡ '- I 0;)-'" C)(.O C)" C)O '0 tv¡ 0 '\t C\J '- -... 0;) .... C) C) o , 0;) o C) C) , '\t tv¡ C\J '- -... C\J " o o C) , èS o C) I èS f'.- '- ....; -... CJì " 8 C) , C\J o C) C) , - o f'.- '- "'0 Q) E ct! z Q) .0 o +-' +-' C Q) E Q) CI) ct! WQ) (j) C CI) ct! Q).-J ~ ~ Q)Q) ~~ CI) Q) C ~ C'Ú 0)-- c"'O -c Q) Cd£ > :J ï::: 0 o....(f) ..... AGENDA REQUEST ..., ITEM NO. U DATE: July 13, 1999 SUBMITTED BY(DEPT): ENGINEE~ING DIVISION 4115 REGULAR [ J PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: roi~~wL~ - County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Extension of contracts for Environmental Consulting Services: Phase 1- Environmental Assessment and Wetland Delineation; Phase II - Contamination Assessments BACKGROUND: On July 11, 1995, the Board approved contracts with B.S.E. Consultants, Inc.; R.L. Weight Environmental Consultants, Inc.; Ardaman & Associates, Inc.; and Dames & Moore, Inc., for Environmental Consulting Services. These services are utilized by several County departments on a rotational basis to provide: Phase I - environmental consulting services on County owned property and/or property that the County proposes to purchase, and Phase II - preliminary contamination assessments on sites which have been identified as potentially contaminated either through environmental assessments or other related information. These contracts are for a term of two years with an option to extend for four additional terms of one year. FUNDS AVAIL.: nli PREVIOUS ACTION: February 21, 1995 - Board authorized staff to advertise for RFP Environmental Consulting Services. May 23, 1995 - Board authorized staff to choose the most qualified firms and negotiate contracts. June 24, 1997 - Board authorized the first one year extension to contracts. July 7, 1998 - Board authorized the second one year extension to contracts. RECOMMENDATION: Based on the satisfactory service provided by the consultants, staff is recommending that the Board approve the third one year extension to contracts for execution. [ty~~, ÄP~ VeD ~~ ~- ~ [x]Originatíng Dept. Public Works R ß~ agenvim [ ] DENIED N ACTION: CoorclnatlonlSlanalLnS [x]BudgetlREMII'\ue~"" [ lather [ ]Mgt. & BudgfJt [x]Co. Eng 1~ . r '-' AGENDA REQUEST ....., ITEM NO. cl B DATE: July 13, 1999 REGULAR [ J PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: -'.... TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Gilson Road - Accept the new construction and release of developers maintenance bond. BACKGROUND: The developers of The Floridian previously received approval to relocate a portion of Gilson Road. The construction has been inspected and certified by the developers engineers and approved by the County. They are now requesting to have the County accept the road for maintenance and release their one year maintenance bond. FUNDS AVAIL.: nla ~Sb-o~()-.;l~Ola.l#-()ðO Q.~ Pre~+\-e~ PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board accept Gilson Road for maintenance and release of the maintenance bond to the developers. COMMlS~ION ACTION: [~~OVED [ ) OTHER: [ ] DENIED -V""'---- _ (x]County Attorney Ix1Origin8ting Dept. Public WorksbL.<-/'" (x)Finance -If ~ (check for copy only, if applicable) aggilson. wpd Jr CoordInatlonlSkll1llhres I ¡Mgl & Budget ()( Co. Eng ~ [x]Acq. Mgr. ~- ( JPurch8sing ( JOther · t ' I ' W' ..." COMPLETION CERTIFICATE PROJECT: GILSON ROAD DATE: Julv 13. 1999 ENGINEERS CERTIFICATE: I hereby certify that the above subject project has been constructed in accordance with the approved plans and specifications. Þ\\'i\~~. ~~ /[)onald B. W t, P .E. County Engineer MAINTENANCE CERTIFICATE: The undersigned hereby accepts the above subject project for maintenance ~7:::/ P. M. Bowers Road and Bridge Manager - '\ ..." '-' """" AGENDA REQUEST ITEM NO. C - 10 DATE:7/13/99 REGULAR [] PUBLIC HEARING CONSENT [xx] SUBMITTED BY(DEPT) : Administration ~~o_ Freeh;~ TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: AT & T Long Distance Phone Bills BACKGROUND: please see the attached memo for the explanation of this problem. Attached is Budget Amendment No. 99-126 transferring funds to cover the past due charges and charges that will occur for the balance of this fiscal year. FUNDS AVAIL. : Contingency funds PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Budget Amendment No. 99-126 to pay additional charges on AT&T long distance phone bills. COMMISSION ACTION: ~ROVED ] OTHER: DENIED Dougl s M. Anderson Coun y Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '-' """ County Administration MEMORANDUM TO: Chris Hartley, Finance Director Phil Freeland, Assistant County Administrat0f-' June 29, 1999 FROM: DATE: SUBJECT: Payment of AT&T Phone Bills Please disregard my June 22, 1999 memo regarding partial payment of the AT&T phone bill. I have discussed the matter with the County Attorney and we decided that it would be appropriate to pay the entire bill under protest. I have included a letter to send to them with the payment. We will need to take funds out of the County's contingency account to make this payment as there are not adequate funds in the communications line item to pay this bill. I will arrange this with the Office of Management and Budget. Thank you for handling this matter. c: Board of County Commissioners County Administrator/ County Attorney OMB Manager .. '-' ....,¡ BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON June 29, 1999 AT&T P.O. Box 78522 Phoenix, Arizona 85062-8522 Dear Sir: This letter is to notify you that we are paying the St. Lucie County, Florida long distance phone bills with AT&T under protest. We have not been given proper documentation that the County owes the $2.50 a month line charge that has been included on the bill since January, 1999. We have requested that documentation be provided to show under what authority this charge is made. However, this has not been provided to us. Further, we have been unable to determine how the per line monthly charges have been allocated, so we are unable to verify that the costs are correct. Please provide St. Lucie County with the proper documentation and verification of line charges so that future bills can be properly verified and we can determine if these charges are correct. Yours very truly, (fii;¡;~ Philip Freeland Assistant County Administrator c: Board of County Commissioners County Administrator v County Attorney JOHN D, ßRUHN, District No, 1 . DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No, 3 . FRANNIE HUTCHINSON, District No, 4 . CLIFF ßARNES, District No, 5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 · Phone (561) 462-1450 · TDD (561) 462-1428 FAX (561) 462-2131 f '-ø; """" County Administration MEMORANDUM TO: Douglas M. Anderson, County Administrator Philip Freeland, Assistant County AdmiDistIato~ June 15, 1999 FROM: DATE: SUBJECT: AT & T Long Distance Phone Bills Several weeks ago our Finance Department staff brought February - May, 1999 AT & T phone bills to me and requested that I review them because they had drastically increased over 1998 bills. Due to the increase and the fact that the bills were not broken down so that they could easily be checked by the various departments using the service, they had not paid the bills. Over the past two weeks I have attempted to work with our AT & T representative to both detennine why the costs had increased and to get him to provide us with a billing that we could check to ensure that they are correct. With regard to the increase in cost, which amounted to approximately $5,000 per month, the phone companies have been able to obtain Federal Communications Commission approval to add a new charge of $2.50 per line per month for every line that handles long distance service. They have calculated that we have 2,000 lines, therefore, a charge of $5,000 a month. To my knowledge, we received no notification of this rate increase. I have discussed this matter with our BellSouth representative, who handles our local service, and with our AT & T representative. Both have stated that this is a unifonn charge for all long distance service and there is no way to change it. Additionally, even if we eliminated AT & T long distance service, BellSouth will make the same charge for the long distance lines. I have been promised by the AT & T representative that he will revise the billings so that the long distance charges can be checked by each department and that he is sending me a copy of the document that gives them the authority to charge this new fee. To date, I have received neither. By this memo, I am directing the Finance Department to pay the bills under protest. We will attach a letter with the payment to indicate that we are only accepting this new charge under protest. Additionally, I would recommend that we send letters to Representative Foley and Senators Graham and Mack, requesting that legislation be initiated to abolish this fee. I would also suggest that we ß '-' ....,¡ Page 2 AT & T Phone Bill June 15, 1999 contact the Florida Association of Counties, as every public agency in the State will very likely have this same issue. Possibly, they can assist in a legislative effort to eliminate the fee. I will also discuss the matter with the County Attorney to determine if there are other legal options available. We will need to obtain budget contingency funds in the amount of $5,000 per month through the remainder of the fiscal year and add that monthly charge to next year's budget so that there will be funding available to pay the bills until such time as some Federal action can be taken to abolish the fee. I will start the appropriate budgetary process to get this funding in place. I will continue to attempt to get the AT &T representative to respond to my requests and follow up on this issue. Please let me know if you have any questions. c: Board of County Commissioners County Attorney Central Services Manager ManagementlBudget Manager Finance Director · ,-,DGET AMENDMENT REQUEST FOF'-I REQUESTING DEPARTMENT: OMB/Other Gen'l Government PREPARED DATE: June 29,1999 AGENDA DATE: July 06,1999 TO: 001-1900-541000-100 Communications $38,480 FROM: 001-9910-599100-800 Contingency $38,480 REASON FOR BUDGET AMENDMENT: Payment of AT & T Phone Bills CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $646,285 $38.480 $607.805 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 99-126 OMB:QP/GENERAUFORMS/AMENDMEN eft, 10/01/94 "'" .. ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 AGENDA July 13, 1999 Frannie Hutchinson Cliff Barnes District 4 District 5 1. MINUTES Approve the minutes ofthe meeting held June 8, 1999. CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants Lists No. 39,40 and 41. 2. MANAGEMENT AND BUDGET Resolution 99-05 - Staff recommends that the Mosquito Control District Board adopt Resolution 99-05 appropriating funds from the Indian River Lagoon License Plate Program Grant awarded by the South Florida Water Management District. 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.--...---~ ~ ~"'c,"_!!:~~~ MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEET:NG Date: June 22, 1999 Tape: 3 Convened: 12:16 p.m. Adjourned: 12:17 p.m. Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, Frannie Hutchinson, Cliff Barnes, John D. Bruhn Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Heather Young, Asst. County Attorney, Bill Blazak, Utilities Director, Ray Wazny, Public Works Director; Julia Shewchuk, Community Development Director; Charlie Bicht, Purchasing Manager, Mike Bowers, Road and Bridge Manager; Deputy Nickel. A. Millie Delgado, Deputy Clerk 1. MINUTES (3-0466) ~ It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the meeting held June 8, 1999; and, upon roll call, motion carried unanimously. 2. CONSENT AGENDA (3-0482) ~ It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List The District approved Warrant List No. 37 and 38. 2. Mosquito Control Indian River Lagoon License Plate Program- The District approved authorizing the acceptance of the Indian River Lagoon License Plate Grant and authorized the Chainnan to sign the agreement, pending County Attorney review and approval of the agreement. The Board also approved Amendment 5 to the contract with Summerlin Seven Seas, Inc., adding construction of one boardwalk and one outlook/crabbing dock to the agreement at an additional cost not to exceed $5,000 and authorized the Chainnan to sign the amendment. -. There being no further business to be brought before the District, the meeting was adjourned at 12:17 p.m. .. ;¡¡ Chairman \~ ~ " '" .. þ -.; ..,,,,,,- F·=" "-"" 06/25/99 FZABYARR sr~UCIE COUNI'Y - BOARD YARRANT LIST #39- 19-JUN-99 TO 25-JUN-99 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund 145810 98-99 SYIM Imp. VIII Restoration 146 Mosquito State I Fund GRAND TOTAL: 'EXPENSES 14,567.59 461. 82 6,879.44 21,908.85 ...., PAGE 1 PAYROLL 23,720.10 0.00 0.00 23,720.10 ~ ~ FZABVARR s~ LUCIE COUNTY - BOARD '-' .."" VARRANT LIST #40- 26-JUN-99 TO 02-JUL-99 FUND SUHMARY- MOSQUITO PAGE 1 07/02/99 ~ FUND TITLE .....EXPENSES PAYR&LL 145 Mosquito Fund 18,492.65 0.00 145810 98-99 SWIM Imp. VIII Restoration 1,812.38 0.00 GRAND TOTAL: 20,305.03 0.00 r ....~ ~- ;;ê~i:.t~;'!:"'C... 3C,:::::~-:,:·t::'.·;;;':;'G-F;'.~";;'."i:~t':;~.::i2~.~~;:,;':,,-',-{";;-.I.~î::~~-,:$;,::~';'~~~~~;"":.-~ii""*;',::::,,:,,,-,,,;"'~~~-~"-'~:Ji;<?~"·,· ,OC·. .··.."......~N...'~--~···· 07/09/99 ST LUCIE COUNTY - BOARD PAGE 1 FZABTJARR TJARRANl¥UST #41- 03-JUL-99 TO 09-JUL-99 ...., FUND SUMMARY- MOSQUITO FUND TITLE ....EXPENSES PAYROLL 145 Mosquito Fund 26,024.75 24,044.69 145810 98-99 SWIM Imp. VIII Restoration 2,128.00 0.00 GRAND TOTAL: 28,152.75 24,044.69 ~ -. ......~-,~....-..-~- -. ~-. " '" AGENDA REQUEST "wi ITEM NO. C-2 DATE: July 13, 1999 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: St. Lucie County Mosquito Control District Board SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Approval of Resolution 99-05 appropriating funds from the Indian River Lagoon License Plate Program Grant awarded by the South Florida Water Management District. BACKGROUND: On 6/14/99 Mosquito District received notification that its application for the IRL License Plate Grant was approved in the amount of $53,682.41. FUNDS WILL BE AVAILABLE: 145811-6230-337310-6607 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Mosquito Control District Board adopt Resolution 99-05 appropriating the funds from the grant award. /./" [J APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: D ug Anderson County Administrator County Attorney: XX ~ ~ oJ M Management & Budget: XX Originating Dept: XX ~S Public Works: Finance: (Check for Copy only, if applicable) XX Purchasing: Other: G: \budget\wplagenda' s\agendas99\ 7' 13 MOS<L Grant. wpd "" RESOLUTION NO. 99-05 ..." WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of adoption of the budget have become available in a form of a Indian River Lagoon License Plate Grant awarded by the South Florida Water Management District. HEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Mosquito Control District Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 13th day of July, 1999, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1998-99, and the Authority's budget is hereby amended as follows: REVENUES 145811-6230-337310-6607 APPROPRIA TIONS South FI Water Managemet $53,683 145811-6230-534000-6607 145811-6230-563000-6607 Other Contractual Services Improvements orr Buildings $48,683 $5,000 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 13th DAY OF JULY, 1999. A TIEST: MOSQUITO CONTROL DISTRICTBOARD ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:lbudgetlwplagenda' slagendas9917'13MoS<L Gl3I1t wpd ~ .=.' ? .,.' ". ..... ~ -. ,...... South F*1'6rida Water Manag~llent District 3301 Gun Club Road, West Palm Beach, Florida 33-J.06 · (j61) 686·8800 · FL WATS 1·800~32·204j roo (j61) 69ï·2jï-J. · www.sfwmd.gov ¡}sf: :-"'::'??:r~-... ",,'..... .~;:,'.'. " .'; .:·;;·rJ ADM 28-06 J 11/·\..,1 4 . ~ ! 4 """9 10..:...."" ../ ; June 10, 1999 St. Lucie County Mosquito Control District Nfr. James R. David, Director 3150 Will Fee Road Fort Pierce, Florida 34982 ".Ç) '. . ." . .... . -,oJ~.. Subject: Indian River Lagoon License Plate Program Fiscal Year 1999-2000 Dear NIr. David: The South Florida Water Management District (District) would like to take this opportunity to express our appreciation for your interest and to notify you that the evaluation committee has completed its review of all applications submitted in response to the referenced solicitation. After careful consideration of your application and written proposal, the District is pleased to inform you that funding has been approved in the amount of $53,682.41 for proposed Mosquito Impoundment Restoration, Public Access and Signage. The District will authorize this award through the issuance of an Agreement within the next few days. We look forward to working with you on this important project. If you have any questions, please feel free to contact the undersigned at (561) 682-6396. Sincerely yours, , . ,'/ /1 ---?' . 1Í U . f).,{.-~c::-. ~~-L-- Linda Greer Assoc. Contract Administrator c: Becky Robbins, PLN Paul Millar, MSL {I¿: JIï7 ~('& Governing Board: Michael Collins. Chai1171an Michael D. Minron. Vice Chairrru:1n Mirchell W, Berger Vera M. Career Gerardo B. Femande: Parnck J. Glea50n Nicolas J. Gurierre:. Jr. Harkley R. Thomron T rudi K. Williams James Harvey, [maim E.~ec:.ri~'e Direc:or \-(ichael 3[avron. DeDuC'I Exec:.rive Director Trevor Campbd!. D~p1.'~; ExeC:lC:1ie Direc:or \-[ailini? :\d¿.es:;: ?O, œx 2.1680, \X'òr Palm ~ch. FL )3416~2C