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Home My WebLink AboutAgenda Packet 01-12-99 ., ,. '-' ......., WELCOME BOARD OF COUNTY 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 p.riw: 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 end of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, Fl. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. '-' ....., www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 BOARD OF COUNTY COMMISSIONERS AGENDA January 12, 1999 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE i \ 1. MINUTES Approve the minutes ofthe meeting held January 5,1999. 2. PROCI ,AM A TION Resolution No. 99-34- Proclaiming January 8-22, 1999 as "Martin Luther King, Jr. Commerative Period" in St. Lucie County. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 5. MANAGEMENT AND BUDGET Resolution No. 99-30Ænvironmentally Significant Lands- Consider staff recommendation to approve issuance of Limited Ad Valorem Tax Bonds in the approximate amount of $15,245,000 and the resolution related to the issuance of the bonds. 6. ADMINISTRATION A. Restudy Joint Coordination Committee- Consider staff recommendation to appoint members to the "Restudy Committee" to provide local involvement in environmental restoration throughout south Florida in accordance with Resolution No. 97-120, in connection with the U. S. Army Corps of Engineers and the South Florida Water Management District projects. Direct the County Administrator to provide necessary administrative support. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings wiD 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 heåring wiD be sworn in. Any party to the proceedings wiD be granted an opportunity to cross-examine any individual testifying during a hearing upon request. , ~ ...", REGULAR AGENDA JANUARY 12, 1999 PAGE TWO 6. ,JMINISTRA nON (CON'I) f fJll. Healthy Start Coalition- Ms. Sylvie Kramer is requesting that a Commissioner be appointed to the Healthy Start Coalition Board of Directors. 7. COUNTY ATTORNEY Indrio North Savannas Project- Consider staff recommendation to approve the option agreement for Parcel 30 and authorize the Chairman to execute the agreement. 8. UTII ,ITIESIRECYCLING Work Authorization- Consider staffrecommendation to approve Amendment No.1 to Work Authorization No.6 with Lindahl, Browning, Ferrari and Hellstrom for professional services associated with the acquisition of Holiday Pines Utilities, authorize the Chair to sign subject to the approval as to form and correctness by the County Attorney. (1'\ è/ "-" .."",,; CONSENT AGENDA January 12, 1999 W ARRANTS LIST Approve warrants list No. 15. 2. PURCHASING A. Bid No. 99-12- Consider staff recommendation to award the bid for a triplex greens mower for the Golf Course to Kilpatrick Turf in the amount of $20,750. B. Bid No. 98-77- Consider staffrecommendation to award the bid for granite tee signs for Fairwinds Golf Course to Designer Golf Company at no cost in exchange for the advertising rights on the signs. C. Bid No. 99-04- Consider staff recommendation to award the bid for a thermoplastic premelter with trailer for Road and Bridge to Linear Dynamics, Inc. in the amount of $28,500. 3. COMMUNITY DEVELOPMENT A. CDBG Grant- Consider staff recommendation to approve the CDBG Grant engineering contract with Lindahl, Browning, Ferrari and Hellstrom and authorize the Chair to sign the Agreement, after the Florida Department of Community Affairs has reviewed and approved the contract. B. Final Plat Approval- Consider staff recommendation to approve the site plan known as Roark's Grove SID located on the southeast corner of the intersection of Kelly Road and Sneed Road. C. Platt's Creek Regional Off-site Mitigation Area- Consider staff recommendation to proceed towards securing an option to purchase the Platt's Creek Regional Off-site Mitigation Area. D. Permission to apply- Consider staff request for permission to submit the Greenways and Trails Grant application to the DEP. 4. COUNTY ATTORNEY D. A. Airoso Blvd. Widening Project- Consider staff recommendation to approve the conveyance of several pond sites, authorize the Chairman to sign the Statutory Warranty Deed. B. Indrio North Savannas Project- Consider staff recommendation to approve the option agreement for Parcels 81 and 148 and authorize the Chairman to execute the agreements. c. 800 MHZ Agreements- Consider staff recommendation to approve the Amendment to the Agreement for an 800 MHZ Trunked Radio System with Motorola Inc. and authorize the Chairman to sign the Agreement; (2) approve the interlocal agreements; and (3) approve the interlocal agreements with Port St. Lucie and Ft. Pierce and authorize the Chairman to sign the agreements subject to approval by the respective city councils and final approval by the County Attorney's office. Anita Street MSBU- Consider staff recommendation to approve the Contract for Sale "".., and Purchase for Parcel 17IDrainage Easement in the amount of $503.00 plus closing costs, authorize the Chair to execute the Contract for Sale. '. '-" ....., CONSENT AGENDA JANUARY 12, 1999 PAGE TWO 5. PUBLIC WORKS A. Oleander Business Park MSBU- Consider staff recommendation to approve the amended Interlocal Agreement with the Fort Pierce Utilities Authority and the City of Fort Pierce for the Oleander Business Park MSBU and authorize the Chairman to sign the Agreement. B. Resolution No. 99-33- Consider staff recommendation to approve the resolution reducing tipping fees of Class III Construction and Demolition debris at the Glades Road Landfill, effective February 1,1999. 6. pøtl dvisory Boards and Committees Application Form- Consider staff recommendation to approve the proposed application form. 7. LEISURE SERVICES Tourism- Consider Tourist Development and staff recommendation to approve payment of the December invoices to MBI Advertising in the amount of $14,692.43. 8. MANAGEMENT AND BUDGET A. Resolution No. 99-29- Consider staff recommendation to approve the resolution amending Budget Resolution 98-280 to correct the amount budgeted. B. Budget Amendment No. 99-107Æquipment Request No. 99-195- Consider staff recommendation to approve the amendment transferring $2,954 and the equipment request for the purchase of a laptop computer for the Office of Management and Budget. ~ ...., AGENDA REOUEST ITEM NO. -2- DATE: January 12, 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. 99-34 - Proclaiming January 8, 1999, through January 22, 1999, as "MARTIN LUTHER KING, JR. COMMEMORATIVE PERIOD" in S1. Lucie County, Florida. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-34 as drafted. SSION ACTION: CONC NCE: APPROVED [] DENIED []OTHER: County Attorney: .L);t/ !J<{ Review and Aoorovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '-" ......" fþ RESOLUTION NO. 99-34 A RESOLUTION PROCLAIMING JANUARY 8, 1999, THROUGH JANUARY 22, 1999, AS "MARTIN LUTHER KING, JR. COMMEMORATIVE PERIOD" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Congress of the United States of America designated Dr. Martin Luther King, Jr. 's birthday as a National Holiday. 2. The President of the United States of America signed the bill authorizing Dr. Martin Luther King, Jr.'s birthday as a National Holiday with observances to commence January, 1985. 3. Dr. Martin Luther King, Jr. received national and international recognition for his leadership and struggle against injustice and was an exponent oflove, brotherhood, self-discipline, and non-violence. 4. The Dr. Martin Luther King, Jr. Commemorative Committee of St. Lucie County, Florida, is sponsoring a commemorative celebration in honor of the late Dr. Martin Luther King, Jr. for his lifetime efforts towards achieving fteedom and political rights of all men. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the period January 8, 1999, through January 22, 1999, as "MARTIN LUTHER KING, JR. COMMEMORATIVE PERIOD" in St. Lucie County, Florida. 2. This Board does hereby support the Martin Luther King Jr. Commemorative Committee for their efforts; and is willing to assist and participate in this special celebration. v ...., 3. This Board does hereby urge all citizens of St. Lucie County, Florida, to remember the outstanding accomplishments and contributions of Dr. Martin Luther King, Jr., by participating in the Martin Luther King, Jr. commemorative celebration to be held in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 12th day of January, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY v '-" ....." AGENDA REQUEST ITEM NO. 5 DATE: 1-12-99 REGULAR [X ] PUBLIC HEARING [ CONSENT TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Authorization to issue Environmentally Significant Land bonds by competitive bid. BACKGROUND: Voters authorized the millage for the Environmentally Significant Land Bond in 1994. The acquisition program has been proceeding supported by a $10,000,000 line of credit issued in anticipation of issuing a bond for permanent financing. The status of the program and current market conditions are such that it would be desirable to issue the bonds in January 1999 (see attached letter from the Financial Advisor). The nature of the bond is such that it is suitable for issuance by competitive bid, which should reduce financing costs. The proceeds of the bond will be used to payoff the line of credit and to acquire additional land (see acquisition schedule attached). FUNDS AVAILABLE: N.A. PREVIOUS ACTION: Voter approval of the millage for the bond, and Board approval of the existing line of credit. RECOMMENDATION: Staff recommends the Board of County Commissioners approve issuance by competitive bid process of Limited Ad Valorem Tax Bonds, Series 1999, in the approximate principal amount of $15,245,000, and approve attached resolution # 99-30 related to the issuance of the bonds. CO~MISSION ACTION: [J APPROVED [] DENIED [ ] OTHER: Doug Anderson ounty Administrator County Attorney: Coordination/Sig natures Management & Budget: ~V Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) _ ~. .- " ....",¡ _C; WiUiam R. Hou!h & Co. LANDMARK BUILDING TWO SUITE 465 225 E. ROBINSON STREET ORLANDO, FLORIDA 32801 (407) 422-5161 rM \~ ~ }~,\ \ \ December 18, 1998 Mr. Douglas M. Anderson County Administrator 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 RE: Environmentally Significant Lands Limited Ad Valorem Tax Bonds, Series 1999 Dear Doug: With tax-exempt interest rates currently at historically low levels, St. Lucie County has the opportunity to maximize its funding for the Environmentallÿ Significant Funds program. The purpose of this letter is to provide a brief explanation of the status of this program and the opportunities that exist in today's market environment. Back!!round On November 8, 1994, the qualified electors residing in St.Lucie County approved the issuance of up to $20,000,000 principal amount of bonds for the acquisition of environmentally significant lands within the County. The referrendum also limited the annual tax levy to ~ of 1 mill, not to exceed 15 years in duration, beginning with the initial levy, which occurred in November, 1996. In order to facilitate the acquisition of lands in an orderly fashion, the County instituted a $10,000,000 line of credit with SunTrust Bank in January 1997. This enabled the County to periodically draw down funds to purchase lands as they became available, with minimal interest and issuance costs. To date, the County has drawn $8,500,000 on this line for land acquisitions. Current Market Conditions Tax-exempt interest rates are currently at their lowest levels since 1969. As interest rates dec.line.' ~e resulting amount of ~onds the County. is. able to issu :~r~e~~11¡ st,U Œ ì."'\! mamtammg a fixed annual Y. mIll tax levy. If LlIDlted Ad V a1 t~IIJ ;:EàxlBoIids wer.e_:, ! .: . i issued today, approximately $14,975,000 net proceeds would be av:. !:able for deposit into ;:, ¡ the Project Fund. This is up from approximatdy $14,429,000 six ~onths ag}fcB2 ~a1d!lg . , I r· L_ . -- -- ~ ~ .. ~ ..' , ...............' ~ ' \wi '-' Mr. Doug M. Anderson December 18, 1998 Page Two advantage of favorable rates, St. Lucie County will be able to provide an additional $546,000 for environmental land acquisitions. When "matched" by other agencies, this amount could easily exceeØ $1,000,000. ESL Acquisitions - Past and Projected To date, the County has completed ESL acquisitions totaling $26,932,804. Funding of these purchases has come from ESL monies and matching funds from other sources, such as the State of Florida P2000 pïOgrwJ1. The County's ESL share of tl-Js amount has been $10,156,440. Moving forward, the Property Acquisition Division has identified an approved active list of land acquisitions through FY 2000-01 totaling $24,058,077. Of this amount, $5,611,752 will come from County ESL funds, with the balance funded from matching sources. In addition to the identified County ESL fhnd purchases of $15,768,192 ($10,156,440 acquisitions completed plus $5,611,752 acquisitions identified over the next three years), the County will also receive approximately $300,000 per year in debt service coverage funds through the year 2011. These funds will total approximately $3,900,000. Recommendations We recommend that the County begin preparations for the sale of its Limited Ad Valorem Tax Bonds, Series 1999, in the approximate principal amount of $15,245,000. Because the ad valorem tax security of the issue is so attractive, and the financing is likely to be insured and rated "MA", the issue is well-suited to public sale. A date to receive competitive bids for the bonds could be set for January 1999, with bond closing and transfer of funds occu.."IÎng approximately two weeks after the sale date. If you have any questions or need additional information, do not hesitate to call. Sincerely, ~.~ Loomis C. Leedy, III cc: Harvey M. Lincoln, Management a..'1d Budget Manager Daniel S. McIntyre, Esq., County Attorney ì '-' """ ~/.~~~ø~ LL.P. Telephone: Ma-m Fax; (904) 366-2420 (904) 356-2986 . Counsellors at Law One Enterprise Center 225 Water Street, Suite 2100 Jacksonville, FL .32202 Preft..>t.."ed _Fa:\-; If Pr()blt'11Js~ f9(14) 356· 2Ç~6 C->___, ___. _ Bratisla'{;Q . Brussels . Budapest . Cleveland . Columbus . Hong Kong . Houston . Tacksl)twillt' . Kyi~, London · Madrid . Miami . Moscow . Neu.' York . Pìtdenix . Prague · Taipl!i . Wa$hingtol1 January 6,1999 PLEASE DELIVER THESE PAGES IMMEDIATELY No. of Pages (including cover): 3 To: Loomis C. Leedy, III Facsimile No: (407) 422-5659 Company: William R. Hough & Co. Confirmation No: (407) 422-5151 To; Daniel S. McIntyre, County Attorney Facsimile No: (561) 462~1440 Company: Sf. Lucie County, Florida Confirmation No; (561) 462-1420 To; Harvey M. lincoln, Management and Facsimile No:' (561) 462-2131 Budget Administrator Company: St. Lucie County, Florida Confirmation No: (561) 462-1670 From: Robert O. Freeman Re: Environmental Lands Bonds Direct Dial No: (904) 366-2455 Message: We need to extend the maturity date on the Environmental Lands Bond Anticipation Note in order to allow for completion of the Official Statement, securing of a bond insurance commitment advertising for bids for the bonds, and sale and closing of the bonds. Based on ('.or'\Vers~tions with Bill Leedy, we think that these items can be accomplished by March.31. I have prepared the attached memo to vVayne Herring at Sun Trust as a means to accomplish this result. I have also Included a section in the proposed resolution giving the Finance Team the go ahead to advertise for bids, which can be considered by the Board at next Tuesday's meeting, that would ratify the extension. Please. let me know if this seems to be an acceptable approach. CONFIDENTIALITY NOTICE: The attached information IS LEGALLY PRIVILEGED AND CONFIDENTIAl and is intended only fer the use of tM: I addressee named above If the reader of this message is not the intended recipient or the ~",ployee cr agent r~sponsiti~ for delivering thi~ message to the intended recipient, ple3se be aware that any disse:nir.ation, distribu~ío" or dUpii~t,.)n c~ ¡ this communicatIon is stnctly prohibited. If you have received this communication in error, piease notify us immediately Dy i telephone and ret:Jrn the original message to us at the address above via the posta¡ se:vice. TI"ank you. For $$&0 I.I.P personl'e! y:¡e only: STLOO-OO'~O "",ccoont No_ ----H~:\.:~¡:;-¡;-0¡{(;_---' -,----.,-- · I v "'" ~.øI'~~~ 1..L.P- MEMQRANDUl\1 To: Wayne Herring, Vice President SunTrust B~ Central Florida, N.A. Copy: Daniel S. Mclnt}Te, CoW1ty Attorney Douglas M. Anderson, County Administrator Harvey M. Lincoln, Budget 3Ild Finance AdmUústrator LoonÜs C. Leedy, III From: Robert O. Freeman Date: January 6, 1999 Re: St. Lucie County Limited Ad Valorem Tax Bond Anticipation Note St. Lucie County would like to request that SunTrust Bank extend the maturity date for the above-styled note in order to allow for time to complete the advertisement for sale of and closing of the issuance of the County's Limited Ad Valorem Tax Bonds, which is expected to occur in February 1999. This sale and closing was originally scheduled to occur in December 1998, but delay in collecting the ad valorem tax collection data and related info1'IDAtion It':lative to adjustments in the assessed value of certain public utility properties in the County have resulted in a delay in completing the official statement pursuant to which the bonds wHl· be offered and sold. Attached hereto is the tiemtable for the advertisement for sale of, and issuance of, the bonds. In order to allow sufficient time for this process to be completed, the COW1ty would request an extension of the maturity date on the note to March 31, 1999. In consideration for the extension of the maturity dat~ and in order to avoid characterization of the extension as a "reissuance" of the note for purposes of the Internal Revenue Code, the County would agree that the interest rate on the note would rema.in at 4.79% until payment on/before the extended maturity date. It is our opiruon that this extension will not require any further official action on the part of the County or the preparation of any additional documentation. the riling of any additional infoITrlation returns \\1.th the Internal Revenue Service, or other matters. As a point of procedure. however, we do plan to have the Board formally acknowledge th~ extension in the resolution calling for advertisement for bids for the bonds, which is expected to be considered by the Board on Tuesday, January 12. ·'~'.T Cr:! ,.,.,. ~f~ c',- ... .-,.... - ! '-' 'wi If SunTrust is \ll,iUing to grant the County the extension on the foregoing ba.sis, ple:l$~ acknowledge SunTrust's agreement to this extension in the "Consent and Agreem~n(' t-do".... Robert O. Freeman ACKNOWLEDGEMENT SunTmst Bank, C~ntral Florida, National Association. Orlando, Florida, hereby Cl'Insent$ to the extension of the maturity date of the above-referenced note to l\:1arch 31, 1999, thE; unp:~lld balalnce of the note to bear interest at the stated. rate of 4.79% during the period of such extension. Dated: J;.mU3.IY -' 1999 SUNTRUST BA.:."1K CE~lRAL FLORIDA, NATIONAL ASSOClA nON By Vice·presiderit Squ:T~, Sandns & D~! LLP. - 2 - at\tk'Vj' 6. 1999 ~~ . '"" 'I' C:C r1f""i\ ,.","-' ,'~ To: Copy: From: Date: Re: v '....,/ ~, ø/~/!/.ø~. LLP. MEMORANDUM Board of County Commissioners St. Lucie County, Florida Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Harvey M. Lincoln, Management and Budget Administrator Christann K. Hartley, Finance Director Robert O. Freem~ January 6, 1999 Limited Ad Valorem Tax Bonds for Environmentally Sensitive Lands Summary. The attached resolution authorizes the County Administrator, with the advice and assistance of Bill Leedy of William R. Hough & Co., the County's Financial Advisor, and our firm, to proceed with preparations for the advertisement and sale of Limited Ad Valorem Tax Bonds (the "Bonds")for the purposes of (1) paying off the outstanding Bond Anticipation NotelLine of Credit from SunTrust Bank, which has been used to provide an interim source of moneys for acquiring lands, and (2) funding a Project Fund from which will be paid the County's share of the cost of additional lands as they are identified and acquired. Background The Board has previously called for a referendum on the issuance of not to exceed $20 million of these bonds, which are secured by the proceeds of a limited ad valorem tax not to exceed ~ mill in each year for not to exceed 15 years. The Bonds were approved at the referendum, which was held on November 8, 1994, were validated by judgment of the Circuit Court for St. Lucie County rendered on January 5, 1995. In order to provide interim financing for land acquisition, the County closed a loan with SunTrust Bank, evidenced by a Bond Anticipation Note of the County, on January 31, 1997. Bill Leedy and Harvey Lincoln have determined that, in the current low interest rate environment and with the shortening period within which to repay bonds, the County can maximize the amount of lands it acquires by issuing the Bonds now. Bill Leedy has further recommended that the County sell the bonds at competitive sale on sealed bids and that the County seek to obtain a commitment for a policy of municipal bond insurance for the Bonds. '--' ....".¡ Resolution. The attached resolution specifically: · Authorizes the preparation of the preliminary Official Statement for the Bonds and delegates to the County Administrator the authority to deem the Official Statement "final" for purposes of the Securities and Exchange Commission ("SEC") Rule 15c2-12 (i.e. to certify that the Official Statement does not contain an untrue statement of a material fact or omit a material fact necessary to make the Official Statement not misleading, given that the document will be used by potential investors to make a decision whether to invest in the Bonds) . Authorizes the advertisement for sealed bids for the purchase of the Bonds by the County Administrator, with the assistance of the Financial Advisor and Bond and Disclosure Counsel. · Delegates to the County Administrator the authority to declare the successful bidder for the Bonds and to execute a Certificate of A ward of the Bonds, provided that the bids are within certain specified parameters set forth in the resolution. · Recites that the County will agree to provide continuing disclosure of its annual financial information and of any "material events" to designated information repositories so that owners and potential investors in the Bonds can be kept updated as to matters detailed in the Official Statement or otherwise deemed relevant to the likelihood of repayment of the Bonds. . Ratifies and approves the extension of the maturity date on the Bond Anticipation Note to March 31 in order to allow time for completion of the Official Statement and sale and closing of the Bonds . The adoption of the resolution does not obligate the County to accept any particular bid for the Bonds or to sell and deliver the Bonds at this time It is anticipated that the Bonds will be advertised for sale on/about January 20, and bids received on February 1 or thereafter, the exact time to be determined by the County Administrator upon the advice of the Financial Advisor. A schedule for the completion of the financing is attached hereto. It is anticipated that an amendment to the authorizing bond resolution may be presented to the Board subsequent to the receipt of a commitment for bond insurance to reflect a likely requirement that the annual debt service on the Bonds not exceed a specified percentage of the projected receipts of the Limited Ad Valorem taxes. lor a representative of our firm plans to be present at the Board meeting on January 12 to answer any questions that the Board may have regarding the resolution or the proceedings for the authorization and issuance of the Bonds. Robert O. Freeman Squire, Sanders & Dempsey LLP. - 2 - January 6, 1999 '-'" ......,¡ RESOLUTION NO. 99- ~O A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICERS OF ST. LUCIE COUNTY, FLORIDA TO PROCEED TO DEVELOP NECESSARY DOCUMENTS TO SELL THE COUNTY'S LIMITED AD V ALOREM TAX BONDS, SERIES 1999, AT PUBLIC SALE; AUTHORIZING THE PUBLICATION OF NOTICE OF SALE FOR THE BONDS; AUTHORIZING THE COUNTY ADMINISTRATOR TO "DEEM FINAL" THE PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE COUNTY ADMINISTRATOR TO OPEN AND ACCEPT BIDS AND A WARD THE BONDS TO THE SUCCESSFUL BIDDER UPON CERTAIN CONDITIONS SET FORTH HEREIN; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 ofSt. Lucie County, Florida (the "County"), and other applicable provisions oflaw (collectively, the "Act"), the referendum of the qualified electors held in the County on November 8, 1994, as recorded in Resolution No. 94-249 of the Board of County Commissioners (the "Board"), adopted on November 15, 1994 (collectively, the "Referendum"), and pursuant to Resolution No. 94-070, adopted by the Board on July 12, 1994, as supplemented by Resolution No. 94-248, adopted by the Board on November 15, 1994 (collectively, the "Bond Resolution"). SECTION 2. FINDINGS. It is hereby ascertained, determined, and declared as follows: A. Pursuant to the Act, the Referendum, and the Bond Resolution, the Board has previously authorized the issuance of not exceeding $20,000,000 Limited Ad Valorem Tax Bonds (the "Bonds"), to finance the cost of the acquisition of lands to protect water quality, open spaces and wildlife habitat within the County. B. The Board has previously authorized and issued a Limited Ad Valorem Bond Anticipation Note (the "Note") in order to provide interim funding for the acquisition of land for the purposes approved at the Referendum. C. The County has been advised by William R. Hough & Co., its financial advisor (the "Financial Advisor") that it is desirable and in the best interests of the County that the Bonds be issued and the proceeds thereof be used to retire the Note and to provide moneys for the acquisition of additional lands in accordance with the Referendum. The County has further been advised by its Financial Advisor that it is in the best interest of the County to advertise the Bonds for sale at public bid at a time to be determined by the County Administrator, upon the advice of the Financial Advisor, in order to allow maximum flexibility in achieving the lowest possible interest rate on the Bonds. D. It is necessary and desirable to delegate to the County Administrator the authority (1) to cause an advertisement for bids for the Bonds to be published and disseminated to both '-' .."".¡ local lenders and to regional and national banks and investment banks and (2) to certify the bidder whose bid is the lowest and best bid, upon the advice of the Financial Advisor, and to award the Bonds to such lowest and best bidder, provided that the bid is within the parameters hereinafter set forth. E. In order to enable the successful bidder for the Bonds to comply with Securities and Exchange Commission Rule 15c2-12 (the "Rule"), in connection with the offering and sale of the Bonds, it is necessary that the County prepare a preliminary Official Statement relating to the Bonds and that the preliminary Official Statement be "deemed final" (except for permitted omissions) by the Board or its authorized representative. It is desirable that the County Administrator be designated as the Board's representative for purposes of deeming the preliminary Official Statement final, except for such permitted omissions. It is further required by the Rule that the County covenant with the purchasers of the Bonds to make disclosure on an annual or other basis of certain information relating to the Bonds and the County. F. It is necessary and desirable that the maturity date of the Note be extended to March 31, 1999, in order to allow for completion of the preliminary Official Statement and sale and delivery of the Bonds. SECTION 3. PREPARATION OF DOCUMENTS; ADVERTISEMENT FOR BIDS. The County Administrator, in consultation with and upon the advice of the County's Bond and Disclosure Counsel and Financial Advisor, is authorized to proceed to draft and develop, or cause to be drafted and developed, all documents necessary to facilitate and proceed with the offering for sale of the Bonds, including a preliminary Official Statement and Noticê of Sale. The County Administrator, in consultation with and upon the advice of the Financial Advisor and Bond and Disclosure Counsel, is authorized to advertise for submission of sealed bids from prospective purchasers of the Bonds. SECTION 4. PRELIMINARY OFFICIAL STATEMENT; CONTINUING DISCLOSURE. The County Administrator, upon the advice of the County's Bond and Disclosure Counsel and Financial Advisor, is authorized to certify or otherwise represent that the preliminary Official Statement with respect to the Bonds is "deemed fInal" by the County as of its date (except for permitted omissions), in accordance with the Rule. The County represents to potential bidders for the Bonds that it will execute and deliver a continuing disclosure agreement or certifIcate satisfying the requirements of the Rule at or prior to the time of delivery of the Bonds. SECTION 5. A WARD OF BONDS. The County Administrator, subject to the conditions hereinafter set forth, and with the advice of the Financial Advisor and Bond Counsel, is authorized and empowered to accept and open bids for the purchase of the Bonds, to fix the final principal amount and maturity schedule for the Bonds, the date of the Bonds, the redemption provisions for the Bonds, and to execute a certificate of award of the Bonds to the successful bidder. This delegation of authority is expressly made subject to the following conditions: A. The award of the Bonds shall occur on or before March 15, 1999. B. The aggregate principal amount of the Bonds to be sold shall not exceed $15,750,000. 2 2288v2/STLOO0513/R-15C212 PUB SALE '-' ....; C. The bid price for the Bonds shall be not less than ninety-eight and 5/10 percent (98.5%) of the principal amount of the Bonds to be issued (determined without regard to any "original issue discount"). D. The true interest cost rate ("TIC") for the Bonds shall not exceed five and 25/100 percent (5.25%) per annum. E. The County shall have received a good faith check or qualified bid bond from the successful bidder in an amount equal to not less than one percent (1 %) of the par amount of the Bonds sold. F. Such other conditions as shall be deemed necessary by the Financial Advisor, Bond Counselor the County Attorney. SECTION 6. BOND ANTICIPATION NOTE. The Board hereby ratifies and approves the extension of the maturity date on the Note to March 31, 1999, on the same terms and conditions as stated therein, and further authorizes the execution and delivery of a replacement Note to SunTrust Bank, Central Florida, National Association. SECTION 7. DESIGNATION OF SERIES. The Bonds are hereby designated "Series 1999" Bonds. SECTION 8. INTENT OF RESOLUTION. This Resolution is intended to authorize the County Administrator, the County Attorney, Bond and Disclosure Counsel, and the Financial Advisor to take such steps as he deems necessary in connection with the advertisement for sale of the Bonds and the preparation and distribution of a preliminary Official Statement relating to the Bonds; provided, however, this resolution shall not be deemed in any way to obligate the County to accept any particular bids for the Bonds, sell or deliver the Bonds. SECTION 9. REPEALING CLAUSE. All resolutions or parts of resolutions in conflict with the provisions of this Resolution are rescinded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 3 2288v2/STL000513/R-15C212 PUB SALE " \wr. 'wi PASSED AND ADOPTED AT A MEETING DULY CALLED AND HELD THIS 12th day of January, 1999. ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners ATTEST: Clerk of the Circuit Court, ex officio Clerk to the Board of County Commissioners APPROVED AS TO FORM AND CORREC1NESS: County Attorney 4 2288v2/STLOOO513/R-15C212 PUB SALE " "-' A b ò ......,; ~ 5" /2ø:,o. No. qq ~ 30 ST. LUCIE COUNTY ENVIRONMENTAL LANDS TIMETABLE 02/07/99 RESPONSIBL DATE ACTION PARTY 01/06/99 Agenda package to Board of County Commissioners STL 01/11/99 Distribute insurance documents to LCL 01/12/99 Send insurance commitment packages LCL 01/12/99 Board of County Commissioners Authorize Sale STL 01/20/99 Receive Insurance Commitment STL 01/25/99 Publish NOS and mail POS STL 02/04/99 or thereafter Receive Bids and Award Bonds STL 02/16/99 or thereafter Pre-Close Bonds ALL 02/17/99 or thereafter Close Bonds ALL 1862v213248/STLOOO513ff - TIMETABLE i ~ ~ [ r i ~ rn", i~ o~ g! ~õJ g>~ ~~ "3 ~§ ~[ {i~ ~ c ;¡:¡¡ " " " 1 ro a o g¡ ¡¡: .. I "';>. ~¡ n: ¡;-a; @:.§' ~~. ~<Q ..." cd! ~¡¡- ¡¡¡¡- -<Q Q.¡r ~3 !l ~ .....,¡ AGENDA REOUEST ITEM NO. "it DATE: January 12,1999 REGULAR ( xx ) PUBLIC HEARING IQ: Board of County Commissioners CONSENT ( SUBMITTED BY (DEPT.): Administration PRESENTED BY: Phil Freeland SUBJECT: Appointments to Restudy Joint Coordination Committee BACKGROUND: In 1995, St. Lucie and Martin County established the Regional Attenuation Facility Task Force to find methods to improve water quality in the St. Lucie River and the Indian River Lagoon, and to develop stormwater projects to improve stormwater management and reduce flooding throughout the region. The efforts of this group have led to the Ten Mile Creek Water Attenuation Project and have dovetailed with the U.S. Army Corps of Engineers (USACE) and South Florida Water Management District (SFWMD) Restudy project to provide environmental restoration throughout south Florida. In that there is a continuing need for local involvement and awareness of environmental restoration issues and the restudy efforts, St. Lucie County adopted Resolution 97-120 to create a Restudy Joint Coordination Committee ("Restudy Committee"). Martin County has also been asked to participate in the "Restudy Committee". Since there are now a number of important environmental restoration projects underway, it is an appropriate time to appoint members to this committee to assist the USACE and SFWMD with public awareness and education efforts during the time these valuable studies on the St. Lucie River and Indian River are occurring. Resolution No. 97-120, showing the proposed membership of the committee is attached. It is recommended that the Board appoint membership to the "Restudy Committee" in accordance with Resolution No. 97-120 and provide administrative support for the Committee. FUNDS AVAIL.: St. Lucie County has approximately $60,000 remaining from a grant from the Florida Department of Environmental Protection which can be used by the Committee to promote the purposes of environmental restoration of the St. Lucie River and the Indian River Lagoon. - '-'" ...,; Page 2 Board of County Commissioner's Agenda Appointments to Restudy Joint Coordination Committee January 12, 1999 PREVIOUS ACTION: The Board of County Commissioners adopted Resolution No. 97-120on June 3, 1997. RECOMMENDATION: Staff recommends that the Board of County Commissioners appoint the members to the "Restudy Committee" in accordance with Resolution No. 97-120 and direct the County Administrator provide necessary administrative support for the Committee. CO~IQH ACTION, ( ) APPROVED ( ) OTHER DENIED M. Anderson Administrator Review and ADDrovals County Attorney: Management & Budget Purchasing: Originating Dept: Other: Other: - '-' ......; &þ( ;:, RESOLUTION NO. 9~-120 .., A RESOLUTION ESTABLISHING _ THE RESTUDY JOINT COORDINATION COMMITTEE ( "RESTUDY COMMITTEE") FOR MARTIN AND ST. LUCIE COUNTIES, THAT IS CHARGED WITH BEING CONTINUOUSLY AWARE OF AND INVOLVED IN THE USACE\SFWMD RESTORATION RESTUDIES OF THE RIVER AND THE LAGOON ("RESTUDY"), AND TO MAKE REGULAR REPORTS TO BOTH COUNTIES AND INTERESTED AGENCIES REGARDING THE OPTIONS BEING CONSIDERED AND THEIR MERITS BASED ON THE BEST SCIENTIFIC, ENGINEERING AND ENVIRONMENTAL INFORMATION AVAILABLE WHEREAS, the Board of County commissioners of st. Lucie County, Florida, has made the following determinations: 1. The Joint St. Lucie/Martin County Regional Attenuation ( Facility Task Force, established by St. Lucie County Resolution Number 95-88 and Martin County Resolution Number 95-3.41 has completed its initial and subsequent assigned tasks, and delivered a final report to both the St. Lucie County and Martin County Board of County Commissioners. 2 . The U. S. Army Corps of Engineers (" USACE") and the South Florida Water Management District ("SFWMD") have entered into a cooperative agreement to restudy all water management options in st. Lucie and Martin Counties necessary to address the environmental restoration needs of the St. Lucie River ("River") and Indian River Lagoon ("Lagoon"). 3. The recommendations of these two agencies are scheduled to be made by July 2000, and will represent the first and best opportunity for restoration of our critical estuarine resources. - ~ .-J ;- since the original drainage programs in th~ two counties were begun 80 years ago. 4. Th~re is a continued need for local awareness and invol vement during the evaluation of the methods and costs of environmental restoration as these studies proceed. 5. One of the projects identified by the Regional Attenuation· Facility Task Force has been included in the South Florida Eco-System Restoration Working Group I s final ·ranking of critical restoration projects, that being the Ten Mile Creek Project, upon which the RAP Task Force could provide critical local input. 6. Approximately $87,000.00 remain from the original appropriation of $150,000.00 which funded the Regio~al Attenuation Facility ("RAF") Task Force I s work. NOW, THEREFORE, BE IT RESOLVED by the Board of County commissioners of st. Lucie County, Florida: 1. This Board does hereby establish the Restudy Joint Coordination Committee ("Restudy Committee") for Martin and St. Lucie Counties, that is charged with being continuously aware of and involved in the USACE/SFWMD restoration restudies of the River and the Lagoon ("Restudy"), and to make regular reports to both Counties and interested agencies regarding the options being considered and their merits based on the best scientific, engineering and environmental information available. 2. The Restudy Committee is charged with assisting USACE and SFWMD with public awareness and education efforts during the '-' .....,¡ ( studies of the River and Lagoon, and with representing the broadest possible local interests during these efforts. '., 3. The Restudy Committee shall consist of twenty-one (21) representatives selected by the following entities: a. b. (i) (ii) (iii) ( (iv) ( v) c. (i) (ii) (iii) (iv) (v) Five (5) from the staffs of each county as selected by each County's respective Administrator (or by the separate Commissioners if so desired by said Commission; (i) five (5) from St. Lucie County, and (ii) five (5) from Martin County. six (6) from the following prominent environmental organizations: Two (2) from the St. Lucie River Initiative, Inc. One (1) Martin County resident One (1) St. Lucie County resident One (1) from the Conservation Alliance of Martin County One (1) from the Conservation Alliance of St. Lucie County One (1) from 1000 Friends of Florida One (1) from St. Lucie County Waterfront Council Five from the following business organizations: One ( 1) from St. Lucie County Chamber of Commerce One (1) from Martin County Economic Development Board One (1) from Martin County Ag League One (1) from St. Lucie Soil and Water Conservation District One (1) from Indian River Citrus League 4. The U. S. Army Corps of Engineers, South Florida Water Management District, Department Florida of Environmental Protection, Treasure Coast Regional Planning Council, USDA Natural Resources Conservation Service and North St. Lucie River Water Control District will be asked to appoint advisory members to the Restudy Committee. 5. The Restudy Committee shall adopt such bylaws as it · v '.....,¡ ~ i ( requires in order to operate. It· s ··meetings shall be public meetings in the sunshine. Upon completion of ~he Restudy, it shall '., sunset. 6. The RAF Task Force shall be reconstituted and continued in its current form to provide local coordination, assistance and, if necessary, funding towards facilitating the completion of the Ten Mile Creek Project as it is currently contemplated under the Critical Restoration Projects list for the South Florida.Eco-System Restoration Working Group. Its meetings shall be public meetings in the sunshine. Upon completion of the Ten Mile Creek Project, it shall sunset, unless otherwise provided by the appropriate resolution. 7. The funds remaining in the RAP Task Force account shall be allocated to support the efforts of the RAP Task Force and the Restudy Committee through advertising meetings, keeping minutes, publishing reports, presenting public forums; and assist wherever and whenever possible to implement the goals and objectives and achieve the conclusion of the RAP Task Force Report provided, however, none of the task force or committee members shall be compensated for serving on the task force or committee and provided further none of the task force or committee members shall provide professional services to the task force or committee for compensation. 8. St. Lucie County shall provide administrative and support staff for which it shall be reimbursed from the above-referenced funds for the Restudy Committee and the RAP Task Force. , . ~ '-' ( After motion and second the vote.~n this resolution was as follows: Ch~irman Gary D. Charles, Sr. NAY Vice Chairman Paula A. Lewis AYE Commissioner Cliff Barnes AYE Commissioner Ken Sattler AYE Commissioner John D. Bruhn AYE PASSED AND DULY ADOPTED this 3rd day of June, 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LU IE COUNTY, FLORIDA " ( ~~~ D~~ . J-!~::f~~~ ß ,}...... '.' !ð. ..:.,.-- (~~:.,... C1.'?+ . ;':':-./ l;;!1 "\.c.C.·;f. .. .: ~.,=/~ \ c-\ ..--;, :: JV \ :c t~· <..~.c;:::-~ ¡~'. c_. ~.'r:'~ :c.. , ~~';';; l _ ,. ú..... \..1+. .r c,.......~' . (~:...~tJD IV! ,...~... (~ v~ .......... \. If r.D¡;:H'i . ~ ..: ...,'~~ BY: ,.- ~ ...." AGENDA REQUEST ITEM NO. ~ DATE: 1/12/99 REGULAR [xx ] PUBLIC HEARING CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT) : Administration Doug Anderson SUBJECT: Healthy Start Coalition of St. Lucie County BACKGROUND: The Board has been contacted by Ms. Sylvie Kramer, Executive Director of Healthy Start who has requested that a County Commissioner be appointed to the Board of Directors for this organization. FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Appoint one County Commissioner to this Board :~S::::O:::IQN; [VJ OTHER: CONCURRENCE: DENIED PULLED Douglas M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 "i í-·. '-" """" (PHONE CALL) M - ~.'o , '!- ~'-' ''-' ~ ,--- --- .......-. .\..1 AGENDA REQUEST .....,¡ ITEM NO. ~ DATE: January 12, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G Cole Property Acquisition Manager SUBJECT: Environmenta]]y Significant Land Program Indrio North Savannas Project FCT#95-052-P56 Property Swap - Parcel 30 - Kennedy and Tinka BACKGROUND: Please see attached background memorandum. FUNDS AVAILABLE: Funds wi]] 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 oflndrio 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. RECOMMENDA TION: Staff recommends that the Board approve the option agreement for Parcel 30, highlighted in purple on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. ~L::;~:: A~:I::~IED [ ] OTHER: Review and ~provals [X) CO='y AUo=ey, {11 [X) M~gemen' & audge" i) ¥ [X] Originating Dept :~ [Xl Lei "'UTe F:v", ~~r~ ,; ) . [X] Finance: {check for copy only, if apPlicabl~ ¡~\ G:\acq\WP\YVONNE\ENVLANDS\NINDRIO\PARCEL.030\agenda.wpd [] purchasil:- /,1...-.. [X]Comm.Develop:_______ Effective 5/96 ---- -....- ~- ~ """" f1 PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: January 12, 1999 SUBJECT: Environmentally Significant Land Program lndrio North Savannas Project FCT#95-052-P56 Property Swap - Parcel 30 - Kennedy and Tinka ------------------------------------------------------------------ ------------------------------------------------------------------ BACKGROUND: Staffhas negotiated the acquisition ofthis parcel in the lndrio North Savannas Project ("Project")by offering to exchange a parcel of land that was donated to the County. The parcel of land that was donated to the County is a typical single family residential lot in Port St. Lucie with an appraised value of $5,500.00 and an assessed value of $5,600.00. The owners of the Project lot wanted to continue to own property in Florida so County staff offered them this surplus County owned PSL lot in exchange. They accepted our offer along with a $2,500 cash payment. The County has approximately $800.00 invested in the PSL lot. Staff will be acquiring this Project lot for approximately $3,300.00, which is less than 37% of the appraised value of the Project lot. $2,500 + 800 $3,300 Cash to Seller approx. investment of County in PSL lot actual cost to purchase Attached for your review is the Option Agreement, maps showing the location of both lots and a copy of the appraisal of the County owned PSL lot. "-" .....; BOCC January 12, 1999 Page Two RECOMMENDATION / CONCLUSION: Staffrecommends that the Board approve the option agreement for Parcel 30, highlighted in purple on the attached map, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the documents in the Public Records of S1. Lucie County, Florida. Respectfully submitted, ~ r:JJ-/Ý ¿;? Donald G. Cole cc: Douglas M. Anderson, County Administrator Daniel S. Mcintyre, County Attorney Raymond Wazny, Community Development Director Jack Doughney, Leisure Services Director Chris Hartley, Finance Director Harvey Lincoln, Management & Budget Manager Indrio North Savannas FCT #95-052-P56 Legend Project Boundary Closed Transaction - County Owned Approved by BOCC Executed Option Agreement Verbal Acceptance Still Negotiating I No Response c. <f ~ ~ ~ "!L t N -- f ~ lÐ1' APPLICABŒ ~: PnIperIy Add!.- 2519 SW CALENDER S'n<tm'l· ~¡ CIIy PCRl' 5'I'. ræm County 5'I'. ræm r ~ ~ ror 5 m.a::K 1628 PORI' 5'I'. I.IX:IE - særICN 23 i:: ~ PIIae' N/A DØ 01 sø N/A !.oWl T,,", N/A yrL PnIperIy IIII* ApprWIId CXI.... i: AIUI ANI EIIatt T_' 295 .42 (yr.) Loen c:hIrV" to be pilei by...., N/A 0IIIIr..... _oOMIiOI. N/A t: lMIdIran 5'I'. ræm CIXJNl'Y Add!.- FCRr PIERCE FL ~: Occ:up.m UNIMPRJVED ApnIIer ARMBRUS'lER InIInJC*nI to ApnIIIr ro EST:IMATE ~: ~ND APPRAISAL REPORT .....,¡. c.c.. T*, 21. 02 98-12-004 M8P ReIeIwnce 43 12-S 81Ø FL ~ CocII 34953 o LeaIhoId ~PUD ~ 01 PubIc TIW1IJOItaIlon RMlMtIoI" ....... Good A¥g F* Poor OCXIOO OOCXJO OOCXIO OOCXIO [ß][Q]rnJ[E] OCXIOO rnJ[Q]~[E] OCXIOO OCXIOO OCXIDD OCilOO OCiJDO :,::, ~ 0 Urben :œ Bull Up 0 o..r 7ß, ::::, CftwIh RØ 0 FIlly o.v. 0 RIIpkI !: PIopeIty v.... ŒJ IncIøIIng ~: ~ 0 8/1DIIaII ì,::: M8rIodIg 1he 0 UndW 3 Moa. ,,: "'-"I L8nd UIe 100 '" 1 F8mIy '" 2-4 F8mIy :f.: '" InIURIII '" V-*II i: CIwIgt In PI.-! UncI UIe [XI Not a....Iy ); Rom ~: PnocIomNnI Oocupencrf [XJ 0- f: SIngle F8mIy PIIce R8nge , 57 , 000 to' ~: SIngle F8mIy Age R8nge NEW Yr.. to ): ~: ConII-* IrådIg .... IecÞ'I, fa-.bIe or 1II'Ä'fInbIe. aIIdng ........., (e.g. pubic ..... 8CIhDOII. __. nolle): PCRr 5'I'. ræm IS A CXJ.HJNITY & OF 80 000 PI.ATIED IIHSrms ICSl' OF wmŒ ARE VK:ANr. '!HE SUBJECl' PRJl1tad'Y IS ANJIHER {j: tJNIMPROIÆD lIHSITE. IT IS ~ICAL IN SIZE AND EŒVATICN. IT HAS CHARÞ.CIERISTICS OF /!: NEI rms '!HAT 00 AND mr ABU!' ARFA s:IœttiAmR DRAINÞ.GE RI WAYS. :\1 ~ 80' X 125' 10,000 Sq. FLorAa'M ŒJComerLol ;::::: Zrilgt"J '..'Ion (15-2) SDGLE-EAMILY RESIDENrIAL "'-"I!mpIO___ OdD OdD noIœnIomI to 21DÑ'1...... {:: HIghIIt .,.¡ 8MI UIe 0 PI.-nI U. [X] Other (1IeCIfy) EVENIU\L c:xmI'ROCTICN OF A SIN3LE-E2\MILY Dmw::HED lDŒ. mm PubIc Other (DeIcrIIe) OFF SITE IMP EMENTS Topo IEVEL AFJ:NE GRADE. i: EIdIc D FPL Shet AcoI88: CXJ Pubic 01'llvØ SIa 10 000 . Fl'. AVER1!GE :) c;. D 00ITr.E AVL Sur'-.ÞßPHALT ShIpe ~ AVER1!GE .... i,: Water D liDIES M8inIIIWICe: [l] PubIc I'IIvØ VIew AVERAGE ¿: 8M. s-r D liDIES rnJ Storm s-r I:BI Curbr'GuDIr InInIge SEE K:mS ::::i' [NJ UndIIground Elect. & Tel. rnJ Skewd( Shet LIghIa ".. IIOIIIIy 1ocatId.1n aHUD .IdInIIIdSpeclal Flood HazaId ,.,..1 No CXJ Y.. @ ConII-* (fawrabIe or unIÞOrabIe IrådIg any appaIWIII..... ---. ~lCIoecI1menIa or other ..... concIIIona): '!HE S'lüRMWATER œAINÞ.GE RIGHI' oj!:::: OF WAY IœAmD BEHIND '!HE smm:cr PROPta<.J:Y .APPE'.Aæ ro HAVE NEVER BEEN EXCAVMED. ARFA ::t S'lüRMWATER œAINÞ.GE RIGEIlS OF WAY HAVE BEXXH: A CAUSE EOR aH:ERN MDG SEVERAL ARFA :t: RESIIENl'S. SEE K:mS. [l] SuIIUIban [XI 25% to 7ß, [XI StHdy OSlabll [l] In BaIInCe 04-8Moa. '" ApIa '" -0 a....Iy ORIn! o UndW 25% OSbw o Dec:Irq Oo..rSupplr [X] o..r. Moa. '" Condo '" CommeIåII ~~ CoIwII....Ø to EmptoymenI eo-....ø to ~ ~....ø to SchooIiI ~ofu-.. PIapIrIy CompaIbay To I'IoIIoIIon from ~ ConcIIIona o TMWII 2-3 '" V..-.I POb & Fft PmICIon 100 , 000 F'1W11lIlnanl v... , 83 000 General ~ 01 PIvparIIa 12 Yr.. PIwdomIrwIt Age 9 Yr.. Appeal to MaIIoM o TII*Ig PIaoe 'The ..1dnIgI1Id hea rwåIId .... NœnI ..... of IRIIaftIIe moat .mIar and ~ to .. IUbeCt .,.¡ hea ~ .... In .. marIIet ~ 'The ~ InducIea a cIoIar ~ ..necIIng marIIet raecIon to .... !lime of ~ -'don '*-' lie IUbect and comparable properIIM. " a IIgñIcanIIIIm In lie compamble IIOIIIIy .. IUpI!tor to. or -- fa-.bIe .." lie IUb8ct property a mlrU (.) adþIatmMII .. made. 1hua NGØIg .. IndIcattd __ of IUbect; . a IignIIcanIIIIIm In lie compamble .. InIMIor to, or ... trøabIe 1han, lie IUbeCt IftIpeI1y. a pm (+) a4JaII'*"" made, 1hua IncreuIng lie IndIcatId __ of.. aubIcL I: I: 1\: ITEM g' Adell.- i: PORI' 5'I'. IæIE - #23 I·=~ i':s- t: 0. 01 sø .,.¡ f: 1he A4JItrMnI :t IAIoatIon I: SIItMN ~í DRAIN R/W Ii SAD 4 t: I: !: SaM or AIancIng t ConoIIIIaIW t: Net A4 (Total) :·x· :¡llndlcattd v.. }::of~ ' 6 000 I: ~ on M'" Data: LIKE '!HE SUB.:ŒX:T Frol'.tab.'Y .ALL 'lHREE CXJoœARABI..E IIH'.SI'IE SALES ARE IœATED š.: sœIH OF '!HE C-24 CANAL WEST OF SA'VOOA IDJIEVARD AND RJRlH OF SAVAGE IDJIEVARD. OF '!HE ARPA i: lIHSrm SAIE.S CC'Æ)IDERID '!HE AOOVE WERE E'CXID ro BE: ICSl' SIMIIAR ro '!HE SUR'JECI' P1O!ERl'Y t: ConII-* and ConcIIIona of ApsnIaaI: EACH OF '!HE CXJoœARABI..E ~&a'Y SALES IlCLTJŒD aH;IŒRATICN Fœ. '!HE SAD Ii 4 SPEX::IAL ASSESSMENlS. EACH IS AN INrERIŒ :u:x::MED ID!ESrm. CXJœARABI..E SAIE H)'S. 1 AND 3 ~ DEMN3'IRME '!HE .ATIRœt1lES OF K:N-.ABtJl'J.1ItG IIHSI'IE BUYERS ~ CXJœARABLE SAIE H). 2 ABUl'S Ii: OPEN œAIIW;E RIGn' OF WAY. '!HE smm:cr PROI:'J!a(J.'Y HAS CHARÞCIERISTICS OF 1ÐIH S:rroATICN5. ~: A1aI ReooI....: AIL JDmSrm SAUS cxnJRRED 00RnG 1998. AGàIN IDmSrm SAlES CXI:UR IN A I::: "BUYER'S MARKET." SPREAD IN VAUJE BE'IWEEN cn!PARABLE SALE H). 1 AND 3 APPEARS ro BE: I 'IO SKIILS RATHER 'lHAN MARKErAß[E DIFE'EREtCES. t. I ESIIIM'IE'IIE . OF SJII.JECI' ............. AS OF IB:EMBER 14 19 98 to be , ,. Florida, General Aßn:ai.ser 0000193 - ~. ~) ..... ApnIIIr (I~) I MICHAEL , SRPA ThSlI.&:l'lCN COMPARABLE NO. 3 1458 SAN SEBASTIAN PCRr 5'I' I.IX:IE - 23 'DD :sra:KS s/WEST ,6000 , EXPERIAN DESCRIPTION N/A ~ll!a<Ñ PSL INŒRIŒ SEE KJIES SAD 4 DESCRIPTION JULY 1998 WESTERN PSL INJERIOR Im-ABt1I' . SAD 4 DESCRIP110N MAY 1998 WFSIERN PSL INJERIOR CN œAIN RW SAD 4 +(-)'AIþI o o o o o DESCRIPTION FEB. 1998 : ~J.u<N PSL: INŒRIŒ K:N-ABU!' . SAD 4 + (-) , A4JII o o o o o N/A ~ EXJUIV· o ~ EXJUIV. o CÞßH~.: o o 5 500 '"TOTAL· appraIIaI ___ by a Ie ~. Inc. (800) ALAMODE Michael E. .AIIdJruster, SRPA, ASA DId Not ~ INpaCI PIapIrIy , , '-'" '-' MAP SKETCH ADDENDUM Borrower/Client HJl' APPLICABLE Property. Address 2519 SW CALENDER STREET City PORI' ST. ræIE County ST. ræIE Lender ST. :UX::IE c::xJUN1'Y State FL ZiD Code 34953 I : ow m....... (;j ~w A VI'! .. ~ rl / f: m m I·~ I ~ ~~ ~~ 7¿-.~~; I T s::o;'~.:." :." ~ ~. . ~~~w~ Tc~JI ~ g e~ , "- iìi . ,Y s. ,~ ~ III III III ~r:: ~O' ?.... 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"'- 1.5 ~ -- ~ 'Fl;..: . .- - . ...~.; . ~_. .. I ~. '-" ......, Project: Indrio North Savannas Project #: 95-052-P56 Parcel #: 030/Kennedy and Tinka Contract #: Property Tax I.D.#: 1417-223-0025-000/9 OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this day of , 19_, between Georgia A Kennedy and Gloria L Tinka, as joint tenants with rights of survivorship and not as tenants in common, whose address is 824 West Jefferson, Grand Ledge, MI 48837, as "Seller", and the Board of County Commissioners ofSt Lucie County, a political subdivision within the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, as "Purchaser". 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in St Lucie County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by the Board of County Commissioners of St. Lucie County. 2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the fonn of a county warrant, will be forwarded to Seller upon its receipt by Local Government from the Clerk of Court of St. Lucie County. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement by the Board of County Commissioners of St. Lucie County and ending on 2LlL22 ("Option Expiration Date"), unless extended by other provisions of this Agreement. In the event the Purchase Price (as hereinafter defined in paragraph 3.) is not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is ~ Thousand Two Hundred and nollOO Dollars ($7,20000) which, after reduction by the amount of the Option Payment, will be paid by the Purchaser at closing to Seller in the manner set forth herein. The parties agree that the Purchaser shall pay the purchase price by: (1) Purchaser conveying to Seller at closing the property described in Exhibit "B" by statutory deed; and (2) payment to Seller of $2,500.00. The total purchase price is based on the assumption that the property described in Exhibit "A" contains at least Ll5. total acres. The parties agree to adjust the purchase price if the actual acreage differs from the assumed acreage. The detennination of the final Total Purchase Price may be made after the completion and approval of the survey mentioned in paragraph 5. This Agreement is also contingent upon Purchaser's funds for closing being available at closing. Should the Purchaser's funds not be available for any reason, Purchaser or Seller may elect to tenninate this Agreement by written notice to the parties without liability to any party. The Purchaser shall take fee simple title to the Property at the closing. Conveyance of the Property in fee simple from Seller to Purchaser will take place at the closing, in exchange for the payments to be made by Purchaser to Seller and conveyance by the Purchaser of the property described in Exhibit "B" to the Seller at closing, as set forth above in this paragraph. 4.A. ENVIRONMI;;NT AI. SITE ASSESSME~T. Purchaser shall, at its sole cost and expense and at least 30 days prior to the Option Expiration Date, perfonn an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials ("ASTM"). Purchaser shall use the services of competent, professional consultants with expertise in the environmental site assessing process to detennine the existence and extent, if any, of Hazardous Materials on the Property. The examination of hazardous materials contamination shall be perfonned to-the standard of practice of the _ASTM. For Phase I environmental site December 16, 1998 95-052-P56-030 1 · . '-" "-" assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 4.B.). The environmental site assessment shall be certified to Purchaser and the date of certification shall be within 45 days before the date of closing. 5. SURVEY. Purchaser may have the Property surveyed at its expense. If the survey ("Survey"), certified by a professional land surveyor licensed by the State of Florida, shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. 6. TITLE INSURANCE. Purchaser shall, at its sole cost and expense and at least 35 days prior to the Option Expiration Date, obtain a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, insuring marketable title of Purchaser to the Property in the amount of the Total Purchase Price. Purchaser shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters; (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. Notwithstanding any other provision herein to the contrary, Purchaser will only be obligated to require that the title insurer delete the standard exceptions for survey matters and unrecorded easements and claims of easements if Purchaser provides a Survey of the Property which meets the requirements of Section 627.7842(1)(a), Florida Statutes. 7. DEFECTS TN TITI .E. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shaIl have the option to either: (a) accept the title as it then is with no reduction in the Total Purchase Price or (b) tenninate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Purchaser a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in the Seller's Warranty Deed shall be St. Lucie County. 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and 380.08(2), Florida Statutes. Purchaser shall prepare-the deed described in paragraph 8. of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842,_Florida Statutes. The Purchaser shall have the Purchaser's closing statement prepared. All prepared documents shall be submitted to,the Purchaser for review and approval at least 30 days prior to the Option Expiration Date. 10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be provided by Seller under this Agreement within 3º days aft~r receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails December 16, 1998 95-052-P56-030 2 '-' ~ to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11. EXPENSES. Seller will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Purchaser acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Purchaser acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are detennined to be legally due and payable by the county tax collector. 13. CI,OSING PI.ACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force -beyond the control of Seller, Purchaser may elect, at its sole option, to tenninate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Purchaser prior to the exercise of the option by Purchaser. 15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from. the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Purchaser at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17. DEFAULT-: If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific perfonnance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy pennitted by law or in equity resulting from Seller's default. 18. BROKERS. Seller warrants that no persons, finns; corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement re'll1ired in-paragraph 9. Seller shall indemnify and hold Purchaser hannless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate countY - or counties. December 16, 1998 95-052-P56-030 3 - ~ 'wi 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WAIVER. Failure of Purchaser to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 29. SURVIVAL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Purchaser's possession of the Property. 30. PSI. LOT. Purchaser will furnish, at its sole cost and expense, a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA FOnTI "B") from a title insurance company, insuring marketable title to the Seller of the PSL Lot (See Exhibit "B"). The Seller is responsible for the costs incurred for a Boundary Survey and/or a Phase I Environmental Assessment on-the PSL Lot, if they so desire. If the Seller causes to have performed a Boundary Surveyor an Environmental Assessment that reveal defects in title or hazardous materials on site, the Purchaser shall have ninety (90) days to remove said defects or hazardous materials. If the Purchaser is not succe~sful in curing the defects within ninety (90) days, the Seller may either accept property as is, extend the amount of time to cure the defects or terminate this agreement. THIS AGREEMENT IS INITIALLY TRANSMIITED TO THE SELLER AS AN OFFER. IF THIS AGREEMENT IS NOT EXECUTED BY THE SEL-I:£R ON OR BEFORE 1/3/99 . TIllS OFFER WILL BE VOID - UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER. THE EXERCISE December 16, 1998 95-052-P56-030 4 - \wi '-' OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, INCLUDING THE TOTAL PURCHASE PRICE BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY (2) APPROVAL BY THE PURCHASER OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. SELLER ~ &t~g Wi ss as to Seller ~~~ ¡Witness as to Seller c,~~~ Georgia ennedy . '\ ~ \c . I..\~, \.~'\..." Social Security No. \~, ~,,-""~) Date signed by Seller STATE OF jìtt \\"Y\Î\ ) COUNTY OF \I\C~:Þ¡\ ) ) The foregoing instrument was acknowledged before me this .J! ') -\ day od)ù Lo¿ ("I'X:é K ,1995:, by Georgia A Kennedy , who is personally known to me or who has produced a driver's license issued within the last five years as identification. ~. . . ' ) ---" i' I.'. - 1 j :'t.....,A'...L. " I í .:\... Ltc..! "- otary Public Ì)~ í\(\ \ j L ~.¡; \ \ ('\\ (Printed, Typed or Stamped Name of Notary Public) Commission No.: (NOTARY PUBLIC) SEAL My Commission Expires: J (, / 10/;~ L. (: C. I I -- December 16, 1998 95-052-P56-030 5 - '-' \wi SELLER /)-JJ -7J I-J' ' . /. .1/...-<.<=;'(-< .-<: ,- Gloria L. Tinka ~} r -'" \J I ' 1-; . . \ . A.. / ~<.J,I:_'¿ J..-/ Witness as to Seller /ÎJ ì '% . /'J, l</1ìv ~A vt1t ~ Witness as to Seller / '!l-,2/- '¡ t .~ ?"j (. y 3G·7-(¡)cJ...- _, _, ,-.'.1 Social Security No. ¡·J,I -J / 1'-:/ .":'\ , - I ,¡ Date signed by Seller STATE OF {l-1 \ (~i~o i) COUNTY OF 0 À/<..Lt\ t'-'v ) The foregoing instrument was acknowledged before me this ó< I4-'T day of D2lf"fI1 ~t'L, 1991, by...Glm:ia L Tinka , who is personally known to me or who has produced a driver's license issued within the last five years as identification. /"_ ,'1 ~. . ·L~ U-t c..( . J\J ,/ Not Public ) (NOTARY PUBLIC) .q ! SEAL - .. -- (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: PURCHASER BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Witness as to Local Government By: Name: Its: Witness as to Local Government Attest: (Clerk or Deputy Clerk) (OFFICIAL SEAL) Date_signed by Purchaser Approved as to Fonn and Legality: By: County Attorney Date: December 16, 1998 95-052-P56-030 6 - '-' ""'" ExmBIT "A" Legal Description The North 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 LESS the West 30 feet, lying and being in Section 17, Township 34 South, Range 40 East, St. Lucie County, Florida. TOGETHER WITH all right, title or interest Grantor may have, or claim to have, in and to any access roads or easements, and the underlying titles to same, which are, or may be appurtenet to the real property hereby conveyed, and which access roads or easements are located in the East 3/4 of the South 1/2 of Section 7, the East 3/4 ofthe North 1/2 of Section 18, and the West 1/4 of the Northwest 1/4 of Section 17, all being in Township 34 South, Range 40 East, St. Lucie County, Florida. -- December 16, 1998 95-052-P56-030 7 - '-' """ EXHIBIT "B" PSI, Lot - Legal Description Lot 5, Block 1628, Port St. Lucie Section 23, according to the Plat thereof, as recorded in Plat Book 13, Page 29 of the Public Records of St. Lucie County, Florida -- December 16, 1998 95-052-P56-030 8 .. '-' . ....,I ADDENDUM DISCLOSURE STATEMENT (INDIVIDUAL) The following Disclosure Statement is given in compliance with Sections 375.031 (1) and 380.08(2), Florida Statutes. The Seller states as follows: 1) That to the best of the Seller's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: Name Address Reason for Payment Amount NDIU¿ 2) That to the best of the Seller's kn0wledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of Seller) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to St. Lucie County: Name and Address of Parties Involved Dare Type of Transaction Amount of Transaction NOHG SELLER: ~_i(~~, Georgia A. Kennedy _ ~ J:fts~ ct. ~-'"'C-' Gloria L. Tinka BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND LEGALITY: By: Daniel S. McIntyre, County Attorney Date: August 21, 1998 9S-0S2-PS6-030 10 - . ~ -.....I AGENDA REQUEST ITEM NO. jŸ~ DATE: January 12, 1999 REGULAR [x] .-, PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utjlities Department William R. Blazak SUBJECT: Approval of Amendment No. 1 to Work Authorization No. 6 with Lindahl, Browning, Ferrari & Hellstrom, Inc. for professional services associated with the acquisition of Holiday Pines Utilities. The cost associated with Amendment No.1 is $156,050.00 FUNDS AVAIL.: 001-3915-531000-3710 PREVIOUS ACTION: Board of County Commissioners approved work authorization No.6 for the Master Plan update on March 10, 1998. BACKGROUND: Amendment No. 1 would provide the necessary engineering and utility consulting due diligence and acquisition services. RECOMMENDATION: Staff recommends approval of Amendment No. 1 to Work Authorization No. 6 for the Master Plan Update and requests that the Board of County Commissioners authorize the Chairman to sign the amendment pending approval as to form and correctness by the County Attorney. DENIED :~S::::O~~ION; [ ] OTHER: , V C~ty AttomeY'_x~ Originating DePt:x~ Eff. 5/96 COOrdin.".on/S~~.S Mgt. & Budget:X Doug derson Cou ty Administrator Purchasing Other: Other: - ..... '-' \wi i BOARD OF COUNTY COMMISSIONERS UTiliTIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: Board of County Commissioners . /l/l-y. William Blazak, Utility Director l\..'C:/1.,? FROM: DATE: January 12, 1999 RE: Holiday Pines Utility System Acquisition BACKGROUND: With the Bond market remaining favorable it was suggested by our Utility Consultants that S1. Lucie County Utilities consider pursuing any major capital improvements or acquisitions that were being considered. With the master plan update underway it became evident that a water and wastewater utility would be necessary for the North County area. Holiday Pines Utility was contacted in November and asked if they would consider a sale of the Utility to S1. Lucie County. Holiday Pines responded back within a week and said that they would be interested in selling to the County. S1. Lucie County staff and consultants held a meeting with Holiday Pines in late November to discuss parameters of the sale and the basis for the negotiations. Holiday Pines agreed to supply 1995, 1996 and 1997 Annual Reports to the Public Service Commission(PSC) to S1. Lucie County Utility consultants for review. The PSC reports provided favorable information to the consultants to suggest that the County proceed with due diligence services toward acquisition of the Holiday Pines system. The cost of Amendment No.1 is $156,050.00 and staff is proposing that funds previously approved for the Master Plan Update be allocated to cover the due diligence professional services. If the acquisition of the Holiday Pines System is successful the monies will be refunded to the Master plan account and the Master Plan activities will continue. If the acquisition is not completed Phase A and Phase C ($89,550.00)ofthe amendment will not be recovered. The Master Plan Update activities will need to be placed on hold pen~ing acquisition of the Holiday Pines system so the funding of the due diligence will not create a funding problem at this time. Once the acquisition is completed Master Plan activities will resume with the refunding of the monies to the account. It would be prudent to acquire the Holiday Pines system to be included in the planning activities for the North County area. Holiday Pines would serve as a basis for regional water and wastewater facilities as S1. Lucie County continues to grow. JOHN D. ßRUHN. District No.1· DOUG COWARD. District No.2· PAULA A. LEWIS. District No.:) . FRANNIE HUTCHINSON. District No.4. CLIFF ßARNES. District No.5 County Administrator, Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 . FAX (561) 462-1153 ~ '-' 'wi The Holiday Pines system consists of a Reverse Osmosis Water Plant and a Wastewater Treatment Facility. The customer base consists of approximately 1000 wastewater and 900 water equivalent residential connections with 400 additional equivalent residential connections of capacity. RECOMMENDATION: Staff recommends approval of Amendment No. I to work Authorization No.6 for the Master Plan Update and requests that the Board of COlUlty Commissioners authorize the Chairman to sign the Amendment pending approval as to form and correctness by the COWlty Attorney. '-' """ BOARD OF COUNTY COj\AMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR November 13, 1998 Holiday Pines Service Corporation 4427 West Kennedy Blvd. Suite 375 Tampa, Florida 33609 Attn: Mr. Thomas J. Brown Re: Holiday Pines Water I Wastewater Utility System Serving N.E. St. Lucie County Dear Mr. Brown: St. Lucie County is currently updating the Master plan for Utilities in St. Lucie County. A key factor in the development of utilities for the North County area is establishment or acquisition of a water and wastewater utility. St. Lucie County is interested in a possible acquisition of your Utility currently operating in North St. Lucie County. If you would like to discuss the acquisition of your utility by St. Lucie County please contact my office. S.inCl:~rw 1 " / VVxiA ~~ tfV William BlazJ Utility Director c: Douglas M. Anderson, County Administrator Daniel S. McIntyre, County Attorney Howard Osterman, DUS Consultants . 1 . DOUG COWARD, District No.2' PAULA A. LEWIS. District No. J . FRANNIE HUTCHINSON, District No.4' CLIFF ßARNES. District No.5 JOHN D. ßRUHN. District No. County Administrator _ Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561 ) 462-1153 HOLIDA\..-~INES SERVICE CORPVA TION WaterlWastewater Utility System Serving N.E. St. Lucie County, Florida 4427 West Kennedy Blvd. * Suite 375 * Tampa, Florida 33609 (813) 282-1404 * FAX (813) 289-0360 VIA UPS OVERNIGHT November 19, 1998 Mr. William R. Blazak, Director St. Lucie County Utilities & Recycling 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Holiday Pines Wastewater Utility System Serving N.E. St. Lucie County Dear Mr. Blazak: I am in receipt of your letter dated November 13, 1998 concerning the possibility of St. Lucie County purchasing Holiday Pines Service Corporation, Inc. Please be advised that I have an interest in selling my utility company provided that the parameters for negotiation are fair and reasonable. My understanding of the current economic climate is that bonds are at very low rates which, along with my net operating income, should produce a potential purchase price that will work for both the buyer and the seller. Mr. Blazak, I would be willing to give the county an opportunity to review my financials and look at both the water treatment and wastewater facilities. While I am under no time constraints, I would like to establish a timeline that will work for the county while remaining fair to me. Please advise accordingly. Thank you. Thomas J. Brown President T JB/krw cc: Douglas M. Anderson, County Administrator Daniel S. Mcintyre, County Attorney Howard Osterman, DUS Consultants Bob Nixon, Cronin, Jackson & Nixon Skip Jackson, Cronin, Jackson & Nixon Jim Smith, Smith, Ballard, Bradshaw & Logan, Tallahasse, FL en. ~- 'Ò r- eo C -z: () c::J 0<::::: í';-""! N C 0 C. 3 C 0 ~ ö ---. -J -< C -I C:n ¡-:-- ~:~~. "-. :-1 HOLIDA \./INES SERVICE CORPVA TION WaterlWastewater Utility System Serving N.E. St. Lucie County, Florida 4427 West Kennedy Blvd. * Suite 375 * Tampa, Florida 33609 (813) 282-1404 * FAX (813) 289-0360 r- >- ¡' (Y¡ f-- r- -;::' l VIA~PS ®ERNIGHT ~., ~'J ~ . ì November 30, 1998 c...J _:..J LLI ,. ., , iCC S Mr. Tony BiB 5 DU$~t;on~ujtants 4410 Star 8Pnch Road Colorado Springs, Colorado 80906 - ~~I~lq~vv Ip I 0 "',þ'¡/ ·1 Re: Holiday Pines Wastewater Utility System St. Lucie County Dear Tony: As per your request, I've enclosed the 1995, 1996 and 1997 Annual Report to the PSC. In addition, I've provided you with our latest rate schedules for water and wastewater, Balance Sheet and Income Statement through October 31, 1998, and connection charges for water and wastewater. Also, I've enclosed my pro forma analysis of 1997 Revenues and Expenses to arrive at a net operating income of $453,180, along with a Bondability Grid assuming a $450,000 net operating income. Please be advised that I have water and sewer capacity for somewhere between 400 - 450 future connections. Should you need any other data, feel free to contact me. Please keep in mind that I will be out of town from Thursday, December 3rd until Wednesday December 9th. Thank you. Sincerely, cc: Douglas M. Anderson, County Administrator Daniel S. Mcintyre, County Attorney co. ADMIN. OFFICE Howard Osterman, DUS Consultants Bob Nixon, Cronin, Jackson & Nixon Skip Jackson, Cronin, Jackson & Nixon Jim Smith, Smith, Ballard, Bradshaw & Logan, Tallahasse, FL Butch Terpening, Culpepper & Terpening Thomas J. Brown President T JB/krw J4N' - PI; aq (IIO~¡) 1 ~. ') Î .h' .' v .'. ¡v! p~ i J. DCS co~~r! TA~TS '-' EL:954 3~O~r.~2 '-' POOl DUS CONSULTANTS 459î N. University Dr., Suite 396 Cora, Spring3, Fiorida. 33067 Te,: (S54} 340-3036 ¡::ax: (954) 340-7952 4410 Star !=Ianon Road Cð!arado Spring:;, 00 80906 rei: (BOO) 440-2560 Fax: (719) ~ì6·2129 January 6, 1999 Mr. Bill 8!azak 51, Lucie County Utilities Department 2300 Virginia Avenue Fort Pierce, FL 34954 Re: Preliminary Feasibility - Acquisition of Holîday Pines Utilities Dear Mr. Blezak: At your request, Wid have had the opportunity to revie'N the financia!s of Holiday Pines ûtHlties as set forth in their most recentfllings with the Florida Public Service Commission. We have also had the opportunity to read the letter of James Brown indicating a willingness to sell on a classical governmental cash floVJ basis. Such a formula would y'eld a purchase price that can be supported by the existing rates without the necessity for a rate increase. Rates would possibly be increased În the future for plant expansions. We have cOrlclt.:ded that the operating results of the utility will support a reasonable acquisition, and believe they can offer a fair price to the sener within the limitations set forth above. It should be noted that the current bond market Is axtre:nely favorable to a possible financing. We a'"vait your further instructions In this matter. Sincerely DUS CONSULTANTS ~ZI. d.. ~. tJd.£ì4fl4,«_¡.~ UTILITY CONSULTANTS I I Howard C. Osterman HCO:mah ~.I! '-' -...I UNDAHL, BROWNING, HRRARJ & HHlSTROivi, Jì\Jc. CONSULTING ENGINEERS, SURVEYORS & MAPPERS William R Blazak, Director St. Lucie County Utilities 2300 Virginia Avenue Fort Pierce, Florida 34950 Re: St. Lucie County Water and Wastewater Master Plan Update Amendment No. 1- Holiday Pines Utilities Acquisition Professional Services Dear Bill: Lindahl, Browning, Ferrari & Hellstrom, Inc. is pleased to present to you this proposal, for professional services, relating to the potential acquisition of the Holiday Pines Utilities. As presented LBFH Inc. will be working with DUS Consultants in providing St. Lucie County with professional services in this acquisition. Enclosed are four còpies of Amendment No.1 to Work Authorization No.7 for the updating of the St. Lucie County Water and Wastewater Master Plan. In accordance with our past conversations several tasks for the updating of the St. Lucie County Water and Wastewater Master Plan will be "on-hold" pending the outcome of the potential acquisition. Furthermore, it is understood that remaining contract fees for Work Authorization No.7 (Updating the St. Lucie County Water and Sewer Master Plan) will be used for these acquisition services until such time as the acquisition proceeds and dollars would then be available to complete the work as indicated in the Master Plan contract. Feel free to call me should you have any questions. We appreciate the opportunity to continue to serve as your engineers. Sincerely, LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. ./' 5tør Scott A. Eckler, P .E. Client Service Manager SAE\fkm Enclosures P:\97-0494IAFS - SLCU W A No.7 (Master Plan Updale).doc 3550 S.w. CORPORATE PAR'r0NAY 0 P'ð,LM CITY, FLORIDA 349900 (561) 286-3883 0 FAX: (561) 286-3925 http://www.lbfh.com · e.mail: info@lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE '-' 'wi AMEMDMENT NO.1 To WORK AUTHORIZATION NO. 7 Between ST. LUCIE COUNTY, FLORIDA And LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. For PROJECT No. (COUNTY) 97-0494 (LBFH) ST. LUCIE COUNTY WATER AND WASTEWATER MASTERPLAN UPDATE HOLIDAY PINES DUE DELIGANCE AND ACQUISITION SERVICES Pursuant to the provisions contained in the "Agreement Between County and Engineer for Continuing Professional Engineering Services" dated September 7th., 1996 (hereinafter referred to as "AGREEMENT") between St. Lucie County Utilities (hereinafter referred to as "OWNER") and Lindahl, Browning, Ferrari & Hellstrom, Inc. (hereinafter referred to as "ENGINEER"), this Work Authorization, executed this _ day of , 1998, authorizes the ENGINEER to provide services under the terms and conditions set forth herein and in the AGREEMENT, which is incorporated herein by reference as though set forth in full. The OWNER desires engineering services related to: Preparation of an engineering due diligence report and financial utility acquisition services supporting the possible acquisition of Holiday Pines Utilities by St. Lucie County. SECTIONS 1 - SCOPE OF SERVICES ENGINEER will provide the following services in accordance with applicable sections of the AGREEMENT: See attached Exhibit A SECTION 2 - DELIVERABLES ENGINEER will provide the following Deliverables to OWNER: · Five (5) copies of the due diligence engineering report and financial documentation and pro forms. lof6 P:\97-0494IAFS - SLCU MP Anted No. l.doc SLC WIWW MASTER PLAN UPDATE '-" 'wi SECTION 3 - TIME OF PERFORMANCE 3.1 Execution of this Work Authorization shall constitute Notice to Proceed. ENGINEER and OWNER agree to the following schedule: Phase A. Phase B. Phase C. Phase D. Engineering Due Diligence Engineering utility Acquisition Services Financial Due Diligence and Acquisition Services Financial Utility Acquisition - Post Agreement of Purchase Start Day* 14 45 14 45 Completion Day* 60 90 60 90 * From Notice to Proceed SECTION 4 - :METHOD OF COMPENSATION 4.1 OWNER will compensate ENGINEER for services under this Work Authorization in accordance with the payment method as set forth in Section 5 of the AGREEMENT. 4.2 The amount of compensation will be invoiced according to the following schedule: Payment Compensation Method Phase A. Engineering Due Diligence $34,550 LS Phase B. Engineering Utility Acquisition Services $11,500 LS Phase C. Financial Due Diligence and Utility Acquisition Services $55,000 LS Phase D. Financial Utility Acquisition - Post Agreement of Purchase $55,000 LS Execution of this Amendment will authorize the postponement of all the outstanding components of this original authorization #7. This postponement will include all original planned work that has yet to be initiated for the master plan update and includes all planned work from December 1 through the postponement period which has yet to be determined. It is anticipated that the costs of this Amendment will be reimbursed from the cost associated with the acquisition of Holiday Pines utilities. 20f6 P:\97-0494\AFS - SLCU MP Arned No. l.doc SLC WIWW MASTERPLAN UPDATE '-' ...",.¡ SECTION 5 - OWNER'S RESPONSIBILITIES 5.1 OWNER hereby designates William R. Blazak as OWNER's representative. 5.2 In addition to applicable provisions of the AGREEMENT, the OWNER will: · Provide any available information, reports or maps, record drawings, and operation and maintenance records applicable to the project. SECTION 6 - OTHER PROVISIONS 6.1 Due Diligence and Utility Acquisition includes typical evaluation and investigations needed for potential utility acquisitions. These services do not include expenses incurred in appearances before the fInancial or legal community in support of any potential bond sale. These will be limited to travel, long distance calls, duplicating and the like. 6.2 A signifIcant portion of the professional fmancial services will be provided only after an agreement of Purchase & Sale is reached between the buyer and seller. Accordingly, if the acquisition is aborted or unsuccessful prior to the time of the Purchase & Sale Agreement, the fee for Phase D "Financial Utility Acquisition - Post Agreement of Purchase" will not be realized. 6.3 Engineering Due Diligence excludes placing a fmancial value of the existing Holiday Pines system, including all treatment components, water distribution system, and wastewater collection systems and lift stations. 6.4 Any conflict between the terms and conditions of this work authorization and the terms and conditions of the "Agreement" should be resolved in favor of the Agreement. 6.5 Any use or reuse of original, or altered, computer fIles without written verifIcation by the ENGINEER for CADD or other adaptation for the specifIc purpose intended will be at the client's risk and full legal responsibility. Any verifIcation of such adaptation by client will entitle the ·ENGINEER to additional compensation at the then current time and expense rate. 6.6 The county will provide the ENGINEER with electronic fIles for all drawings unless otherwise noted. 30f6 P:\97-0494IAFS - SLCU MP Amed No. I.doc SLC WIWW MASTER PLAN UPDATE '-" ....., IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: WITNESS CHAIRMAN Approved as To Form and Correctness: COUNTY ATTORNEY ATTEST: LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. BY: WITNESS MICHAEL T. HERMESMEYER, P.E. VICE-PRESIDENT 40f6 P:\97-0494IAFS· SLCU MP Arne<! No. I.doc SLC WIWW MASTER PLAN UPDATE "-" ...., EXHIBIT A AMENDMENT No.1 ST. LUCIE COUNTY WATER AND WASTEWATER MASTER PLAN BOLIDA Y PINES ACQUISITION SCOPE OF WORK A. Engineering Due Diligence · Inventory and evaluate the water and wastewater treatment plant and equipment to ascertain a condition as such. · Determine present and future adequacy of treatment, permitting possibilities and capacity planning. · Determine the present and future adequacy of sewer system outfalls (disposal), deep well injection, land spray, percolation ponds, etc. Arrangements which may be currently satisfactory may not be acceptable in the future due to capacity, age technology, legal requirements. · Evaluate water and sewer lines and distribution/collection systems. A listing of the components will show their estimated age, material, size and condition. · Determine the maintenance adequacy of plants, lines, lift stations, valves, wells and disposal units. · Determine the adequacy of sludge handling (plant) disposal methods, and any legal or capacity requirement in effect. · Investigate records of water and sewer permit violations over the life of the system, and any agreements to change or alter the system. · Determine the dollar amounts of contributions in aid of construction collected. · Review the number of recorded connections, capacity allocations and cancellation clauses in agreements. · Review billing and collection system records for amount of water purchased, water metered, water sold and frequency and methods of meter reading. B. Engineering Utility Acquisition Services · Support financial due diligence services in the potential acquisition of Holiday Pines Utilities. · Attend acquisition team meetings in support of potential acquisition. · Attend acquisition meetings in the financial and legal communities in support of the acquisition. · Provide engineering support as needed in the fmal evaluation of the existing utility system. P:\97-0494\AFS - SLCU MP Arned No. I.OOc SLC WfWW MASTER PLAN UPDATE '-' '-"" C. Financial Due Diligence and Utility Acquisition Services · Financial review of the utility's books and records s the foundation for the feasibility study. · Provide guidance to the County in the development of a business plan under which the private utility would be acquired and assimilated in to the County's family of utilities. · Development of a feasibility program, including a business and financial pro-forma setting the parameters of a purchase price acceptable to the County without negatively impacting the consumers. · To the extent acceptable by the County, lead the negotiations with the present owners of the utility. D. FinanCial Utility Acquisition - Post Agreement of Purchase · Provide liaison to the special utility counsel selected by the County in preparation of a Purchase & Sale Agreement. · Coordinate activities with in the combining of the engineering due diligence and examination with fmancial pro forms in order to provide a complete forecast of the utility's performance under County ownership. · Provide financial feasibility information, as may be required by bond underwriters or banks providing interim or long-term financing. The fmancial information will be the type, which may be included in official statements or other lending documents. · Appearance before bond rating agencies and/or credit enhancers, or bank. committees to present the financial and operating picture of the utility under County ownership. · Assist in other aspects of the acquisition, which are customary, as may be required based upon the nature and direction of the negotiations. · Provide a consulting engineer's report of the condition of physical facilities, status of permits, operating data, including financial data, in a form sufficient for inclusion in an official statement for County bonds which may be issued to finance the acquisition of the utility. Furnish an opinion of certificate in form and substance satisfactory to the County's disclosure counsel regarding the accuracy and completeness of such report, of the summary of s~ch report included in the official statement, and of the use of such report and summary in connection with the offering and sale of the bonds. P:197·0494IAFS - SLCU MP Arned No. l.doc SLC WfWW MASTER PLAN UPDATE '-' CONSENT AGENDA .. J ..""" -- -- '---'"-' - :--- ---" _......- -..,. -:.,,=,~-;- -' \ , S~LUCIE COUNTY - BOARD ~ 01/08/99 PAGE 1 FZABYARR YARRANT LIST #15- 01-JAN-99 TO 08-JAN-99 FUND SUMMARY .~:>;~ FUND TITLE EXPENSES PAYROLL 001 General Fund 249,487.34 236,338.79 001106 FTA-OOl-49 USC See 5307 (See 9) 7,121.00 0.00 001116 See l12/MPO/FHWA/Planning 98/99 228.09 3,131.52 001120 Community Services Block Gmt 98/99 16.50 218.77 001228 \lhite City Park DEP 21,784.00 0.00 001235 TDC Planning Grant 98/99 18.27 352. 13 101 Transportation Trust Fund 214,765.14 84,935.68 101001 Transportation Trust Interlocals 650.00 0.00 101002 Transportation Trust/80% Constitut 720.00 0.00 101003 Transportation Trust/Local Option 33,053.54 0.00 101006 Transportation Trust/Impact Fees 1,645.00 0.00 102 Unincorporated Services Fund 9,494.06 31,131. 70 102001 Drainage Maintenance MSTU 6,747.64 2,917.14 102103 Urban & Community Forestry 97/98 71.93 936.80 103 Law Enforcement MSTU 1,160.37 0.00 105 Library Special Grants Fund 367.03 1,911. 23 107 Fine & Forfeiture Fund 164,567.63 72,618.06 111 River Park I Fund 2,685.04 0.00 112 River Park II Fund 28.42 0.00 113 Harmony Heights 3 Fund 12.60 0.00 114 Harmony Heights 4 Fund 26.28 0.00 115 Sheraton Plaza Fund 460.37 0.00 116 Sunland Gardens Fund 30.37 0.00 117 Sunrise Park Fund 7.92 0.00 ...._-:-,'.~..-> 118 Paradise Park Fund 741.74 0.00 119 Holiday Pines Fund 40.50 0.00 120 The Grove Fund 6.31 0.00 121 Blakely Subdivision Fund 4.19 0.00 122 Indian River Estates Fund 48.58 0.00 123 Queens Cove Lighting Distll3 Fund 14.84 0.00 126 Southern Oak Estates Lighting 4.77 0.00 136 Monte Carlo Lighting MSTU#4 Fund 67.25 0.00 138 Palm Lake Gardens MSTU Fund 4.78 0.00 139 Palm Grove Fund 34.34 0.00 140 Port & Airport Fund 11,966.49 5,859.12 160 Plan Maintenance RAD Fund 291.08 1,964.80 170 Court Facilities Fund 90.00 0.00 182 Environmental Land Acquisition Fund 184.74 2,634.84 183 Ct Administrator-19th Judicial Cir 314.46 3,222.71 183001 Ct Administrator-Arbitration/Mediat 284.34 2,449.60 183002 Ct Admin.-County Arbitration/Mediat 225.00 0.00 183206 FDJJ-Teen Court 98/99 85.45 1 , 138 . 46 185201 FHFA-185-SHIP 96/97 44.93 0.00 185202 FHFA- SHIP 97/98 7,100.00 0.00 185203 FHFA-SHIP 98/99 114.34 1,232.80 186 Recycling Operating Fund 505.81 1,334.69 186202 DEP-Recycling & Education 98/99 31.62 444.89 205 Beach Bond I&S Fund 4,468.85 0.00 ,-~~1'_c-::",:_, -' . "- , . S~LUCIE COUNTY - BOARD 01/08/99 ...", PAGE 2 FZABYARR YARRANT LIST #15- 01-JAN-99 TO 08-JAN-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 242 Port I&S Fund 858.46 0.00 282 Environmental Land I&S Fund 7,851.70 0.00 315201 DOS-315-Fort Pierce Branch Library 40.00 0.00 382 Environmental Land Capital Fund 13,450.00 0.00 401 Sanitary Landfill Fund 17,675.94 25,977.91 401216 DEP-Litter Control & Prevent 98/99 1,398.20 0.00 401217 DEP-Yaste Tire 98/99 8.02 0.00 418 Golf Course Fund 19,925.77 15,778.66 421 H.E.Y. Utilities Fund 3,899.73 170.14 441 North Hutchinson Island Utilities 99,053.89 2,835.50 448 Renewal & Replacemen t Fund 2,311.00 0.00 451 S. Hutchinson Utilities Fund 67,035.70 2,665.36 461 Sports Complex Fund 15,220.59 8,085.74 491 Building Code Fund 1,279.29 15,335.37 501 Automated Services Fund 30,376.91 51,090.80 505 Insurance & Loss Fund 60,995.85 0.00 510 Servi ce Garage Fund 24,973.39 7,037.61 611 Tourist Development Trust-Adv Fund 518.87 2,697.31 625 Law Library 2,550.71 0.00 GRAND TOTAL: 1,111,246.97 586,448.13 ':"r'ii.~~'-"'· " ..... '-' AGENDA REQUEST ...",,; ITEM NO. C-2-A DATE: January 12,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING SUBJECT: Award of Bid #99-12 Purchase of a Triplex Greens Mower PRESENTED BY: CHARLES BICHT BACKGROUND: On December 9, 1998 bids were opened for the purchase of a Triplex Greens Mower. Seventeen vendors were notified, three sets of bid documents were distributed (one is minority owned), and two bids were received (one is minority owned). The low bidder Hector Turf is declared non- responsive because they did not meet specifications. Hector Turf did not bid a diesel engine as specified. The low bid that meets specification is by Kilpatrick Turf in the amount of $20,750.00. The bid exceeds the amount approved for the purchase by $750.00. Funds are available in the equipment account to cover the overage. FUNDS AVAIL.: 418-7250-564000-700 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid #99-12 Purchase of a Triplex Greens Mower to Kilpatrick Turf in the amount of $20,750.00 MISSION ACTION: CE: APPROVED [] DENIED [ ] OTHER: County Attomey:(X) cr /. ~lf. Purchasing Mgr.:(X) cþ Originating Dept: other: Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 B:\WP\AGENDAS\BIDS\99-12 award.wpd '-" ...., (j~c; DEPARTMENT OF LEISURE SERVICES Fairwinds Golf Course MEMORANDUM TO: Charles L. Bicht, Purchasing Director FROM: Jack Doughney, Director of Leisure Services via Bob Mooney, Golf Course Superintendent JJé.¡/Y'~,::-,,;,.:.:¿?, :7 DATE: December 18, 1998 SUBJECT: Bid #99-12 Leisure Services/Triplex Greens Mower Due to the fact that Vendor #1 on Bid #99-12 for the Triplex Greens Mower does not meet specifications (no diesel engine), Leisure Services Fairwinds Golf Course would like to recommend that the Board approve Vendor #2 for this mower. We realize this vendor's bid is $750 more than our equipment request #99-105. To off-set this, the equipment request #99-104 for the trap rake will be under by $7,000 and EQ 99-106 for the Ice Machine will by under by $243. Thank you for your assistance in this matter. If you have any questions or need additional information, please contact Bob Mooney at extension 1773 or Annette Jennings at 1979. aJ '-' INTERNAL ......I REQUISITION AUTHORIZATION For W....nOUl. Orden and Other Quotatlona I)A T" 'MfIVT PAGE ...... CLl"( REQUISITION NUMBER REQUISITION 12/18/98 DATE DEPARTMENT: Leisure Service /Golf Cour'ÕND:418-7250-564000-700 DELIVER TO: 000061 4400 Fairwinds Dr. Ft. Pierce REMARKS: Bid #99-12 EQ 99-105 VENDORS: Nl!MBER 19589 " NUMBER 112 NUMBER '3 NAME ADDRESS NAME ADDRESS NAME ADDRESS Kilpatrick Turf SOLE SOURCE EMERGENCV ~CHAaE ITEM NO QUANTITY UM DESCRIPTION , e. rl ex reens ·ower VENDOR '3 VENDOR t2 UNIT PRICE UNIT PRICE p s eClflcatlon Bl er 9-12 E 99-105 10 PRICES ESTABLISHED BY: VENDOR TOTALS .3 '2 " 20,750 VENDOR. . REPRESENTATIVE Tl m Gorp-p-' ., .2 13 =-~? ~r1 ..~/ -2,... /' ___ / / .." -:: ~~;1-.J .I ,1 REQUESTING PERSON -::7" DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY () '-'" ......, ~ \ ~ Ç:) ~ ~ ~ ~() t ~ ~ \}. \' "- ----- I # --. ~ ~ - :::r t- W >w t-::I: zm :)z 00 0- w~ -..J 0:) ::)m ~< t-I- ene - m ~ w ~ o :E m z w w ~ C) x" w:E ..J" a. a. -0 0::0 I- ." --..,N en I- w< ~CO >cn o::ëñ w--'" Nen~ ~We cno::W cn::)Z =ltrnw e -" -W.... m..JO \ N ~ ~ 0 0 a:: - , 0:: 0 0 " I- 0 e <u. It) z. Q.a:: t-- .. W =::) 0 > N ~I- ~ LL 0:: 't"'" ::) =I:t: I- 0 a:: 0:: 0 0 . 0 0 C I- 0 Z t-- 0 .. W W CD > 't"'" ::I: - 0:: w . " ~ > 0 C 0:: =: - 0)(0 ml- (!)wZ ..JZ W...IW <::) Ct-c..W 1-0 -<D:O:: O:æ mOt-C) t-< , ........ -----. i§ ~;~ -.- .---./ - ~ ----.~ ...:2J cJ _.J .... c W I- ~ m æ ë I- W U) ¡:¡: C ¡::o ~ .. r- Q Z Z W U) W > w :e W Z ~ CJ < CJ w a. 0 a:: :e C U) o C C CJ m m u. u. u. 000 a:: a:: a:: w w w m m m :æ :æ :æ ~ ~ ~ z z z \w '-...I Triplex Greens Mower The following specifications are not design to limit the bid to one manufacturer. AU vendors are encouraged to bid equipment in the same range as the specifications indicate. Each bidder is to supply a manufacturer's brochure with the model bid indicated. If ~e equipment bid deviates from the specification, the vendor is to explain the deviation. - ENGINE: Bore: Stroke: Displacement: Type: Horsepower: Air Cleaner: Governor: Starter: Electric: Fuel Tank: 2.5" minimum 2.4" minimum 34 cu. in. (570 cc) minimum 4-cycfe; three cylinders, liquid-cooled, diesel 18 H.P. G 3600 RPM Replaceable Dual Element Ball type 12 Volt Bendix-Type 12 Volt 16 Amp, Alternatorw/Solid state Redifier Regulator, Key Start Minimum 8 Gallon VEHICLE: Tires: Brakes: Frame: Mowing Speed: Transport: Reverse Speed: 18 X 9.5-8 2 Ply Pneumatic Tubeless Automotive-Type on Drive Wheels Welded steel Construction 3t04MPH 5 to 7MPH 3 to 5 MPH TRANSMISSION: Trador Drive: Reel Drive: Pump: Traction: Reel: Power steering: Valve: Filtration: Hydraulic System: Mower Uft: Hydraulic Torque Motor - 12 cu. in. displacement on each Drive Wheel Gear Type Hydraulic Motor, Dual Direction on each wheel 5-section stack, gear-type, dired drive through flex coupling .59 cu. in. displacement .37 cu. in. displacement INDIVIDUAL REEL CONTROL .37 cu. in. displacement . .. Directional Control, Stack, 5-Spool, High Efficiency Relief Valves Full Flow 5 GaJlon Capacity Hydraulic Double Action Cylinder MOWER: Number & Size: Rollers: Number of Blades: Blade Material: Cutting Width: Cutting Height: Grass Catcher: Three (3) 22" x 5" reels Grooved Machined Steel Front, Solid Back 11 Hardened carbon steel 62" 5/64" - 9/16" Standard Polyethylene ACCESSORIES: I. II. Turf Groomers .280 inch spacing 12 volt wide angle head lamp ~ WARRANTY: NOTE: .....,¡ 12 Month Unlimited Hours on Complete Tliplex minimum ALL PARTS & SERVICE MANUAL TO BE INCLUDED ~ .....,I BID FORM All bids must be submitted in a sealed envelope addressed to the St Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #99-12 Triplex Greens Mower I, JOSEPH B. LUmERG REPRESENTING HECTOR TURF Company and/or Corporation, agree to peñcrm all of the requirements to complete the work required in the specifications for the price of: 1. Base Bid $ 16,700.00 TORO GREENSMASTER 3100 WITH 11-BLADE REELS; GROOMING REELS AND LIGHT KIT Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to w~ive any informalities or minor irregularities, reject any and all bids which are incomplete,· conditional, obscure, or which contain additions not allowed for, acœpt or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER: HECTOR TURF ADDRESS: 1301 NW 3 STREET, DEERFIELD BEACH, FL 33442 PHONE: SIGNED BY: DATE: 11/24/98 . ,._.~~u:·~~!.·'r.it.~.}.:.·~.·I:i.t.:~.[...'.·~.·.l.'.~.;:·.:. ... ... .-~ .. , . ·'~····:":~:;:~X;:k;irlf~:~t?s:~.;~~+.:~.~:"{~:.'~.;t!c.~:.·'.·~.¡i_.}.:~._2.~.t.._~.1.C.-_}.{.:.~:f.~.'~.f.~.~.~.r ..' -. ~ .." ~·~~·.~~·;~~·~5:'"~>"~·.~?~~:~~·{·~··~ .. . . ." ;_..~::-~;.~:~~ :~~~ ;:":S~·::;::·:·.~· ,. ~1º.·F9~ 'i~;;~: ;':·~;.,';:.;..,::;;;,¡;~~:;i:~:< ;;:;;'h~:',;::;:.::.~<..· . ..>:~;;J~:~';'·Ä¡::¥;::~·:i/. ~:.~:~".. ,-., ,.,c<." ,':"; ·',·;:',.c .: -'. '. .. .,. All bIdS-must h.e ,submitted in.~ seáiecf~nvèìôpê' addr¿Ssed tó - theSl. Luciê County pu~singM~ager. 2300 Vtrginia Avenue, Room 228, Fort P¡eiœ, Rorida 34982. plainly rn~~ 0f1:ttt78~s~<ie~th bid n~b~:d4~e ~c;1.,~~~ 9f. b.¡~ 9pèning. .. . '. ~ : - ~.. :; . . - . . BID #99·12· .. Tñplex·"Greë~'Mð~r· '. / ~ . , I, '7//11 4¿€é REPRESENTING #JÆT£/C)tt. ~£;::. Company and/or Corporation, agree to perfonn all of the requirements to complete the work required in the specifications for the pñce of: 1. Base Bid $ e;2tJJ 750.. 00 / Bid Obligation , It is understood that this Bidd~ is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to ~ive any informalities or l!1inor irregulañties, reject any and all bids which are incomplete. conditional. obscure, or which contain adcfrtions not allowed for, accept or reject any bid in whòle or in part with or without cause, and accept the bid which best serves the County. , NAME OF BIDD~ k?/{'Ar,e Ic:.¡¿. /i¡¡e¡:: ADDRESS~771)~·¡/¡~H f}Í><;~ fiJAyN1T:iJ t~.fL 33'1'2, PHONE: ~~J /fgZ -¿)tJ~c:' SIGNED BY: -. ~/. T1T1E <~.4i55 /f6d DATE: Ij/~fl 3'. , \.,i AGENDA REQUEST '-'" ITEM NO. C-2-B DATE: January 12, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Award of Bid #98-77 Granite Signs for Fairwinds Golf Course BACKGROUND: On August 26, 1998 bids were opened for the purchase and installation on granite tee signs for Fairwinds Golf Course. Eighteen vendors were notified (three are minority owned), five sets of bid documents were distributed and one bid was received. The only bidder is Designer Golf Co. Their bid is at no cost in exchange for the advertising rights on the signs. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #98-77 Granite Signs for Fairwinds Golf Course to Designer Golf Co. and authorize the chairman to sign the agreement as approved by the County Attorney including the right of the County to approve the advertising and upkeep of the signs. ISSION ACTION: NCE: [ APPROVED [] DENIED [ ] OTHER: Coo~-JL Originating Dept: Coordination/Sianatures Mgt. & Budget:(X) Purchasing Mgr.:(X) other: ,ß Other: Finance: (Check for Copy only, if Applicable)_XX_ Eft. 1/97 B:\WP\AGENDAS\BIDS\98-77 award.wpd '..... '-' LEISURE SERVICES DEPARTMENT Fairwinds Golf Course t~0 MEMORANDUM DATE: Charlie Bicht, Purchasing Director \~ Jack Doughney, Leisure Services Director )~ ., " ....... ~ ...." 'i./ \ Timothy Coolican, Golf Professional ~ . ~,,~ December 29, 1998 TO: FROM: VIA: SUBJECT: Bid 98-77 Granite Tee Signs On August 26, 1998, formal sealed bids were received for the above referenced Bid. One (1) bid was received from Designer Golf Co. The County Administrator, Mr. Anderson, expressed a concern that the advertising would not be controlled by the County. Mr. Doughney and Mr. Coolican spoke with Designer Golf and verified the County would have approval of the type of advertising, as well as, control of upkeep. After resolving the County Administrator's concerns, staff is requesting the Board of County Commissioners approve acceptance of the submitted bid by Designer Golf Company, at the next Regular Board Meeting of January 5, 1998. tI1 fä H ~ H ICC ~ ø:: 0 IZt tJ1 E-t ~ rz1 rz1 H = tJ1 tI1 . ~ JZ1 ::e: i-t . 0 H -< H ~ i-t 0 :j 0 t!J .. Þ "- 0 ,:Q t M ICC E-t B CX) 0\ ~ 0\ H ø:: M ,:Q -< Øt ... JZ1 \0 ~ N tI1 E-I IZ1 tI1 U b H t!J ~ Þ r:4ICC r-.lZ1t11 r--tI1~~ I 0 CX)JZ10 O\SUQ #tJ1~~ QH~1Zl HIZlOØt ,:Q...:It!JO '-' ~ rz,. rz1 H t!J tI1 ..:I ~O H M 0 E-t :# t!J ø:: UE-t ~ ø:: H 0 P: IZltl1 fä IZ1 ~t; ~ ~ Ht!J ~ H H 1Z1ø:: H tJJ . 1Z1ø:::3 IZ1 0 P:Orz1 ~ tJ lZt~tI1 ø:: .. 0 >t~ P:tJ) Oz CJt!J1Z1 Q IZIHtI1 H E-itl1S JQ ICCrz10 E-t tJE-tU ~~ H Q~1'It E-tO H 8 ~~ JQt!Jt!J ""-' IiI , , ~ ...""",¡ BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked en the outside with bid number, date and time of bid opening. BID #98-77 Granite Signs for the Fairwinds GoJf Course I, Jody Jones REPRESENTING Designer Golf Co. Company and/or Corporation, agree to perform all of the requirements to complete the work required in the specifications for the price of: Specifications: Natural Granite (synthetic materials not acceptable) Size: Height: 6 ft. 6 in. (after installation sign post will have 4 ft. above ground) Width: 12 in. Thickness: 4 in. Verbiage to be imprinted on plexi-glass plate 91/2 by 9 in. (removable to accomodate changes) . Advertising will be located at the top of the sign post with Hole and course information to follow. The advertising will be acquired by the bidder. The County will approve all advertising. Base Bid $ .00 See attached Contract Designer Golf Co. agrees to ptovide~gölf course with l~ tee signs in exchange for rights to advertising on these signs. Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete. conditional. obscure, or which contain additions not allOWed for. accept or rejed any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER: Designer Golf Company ADDRESS: 13209 Byrd Drive Odessa, FL 33556 PHONE: 813-926-8500 í7\ () /\ SIGNED BYd"')(1Le.., l._{~ I J . ( U TITLE: Sale'S Manager DATE: i" (;'"' .. ., ,."": 08-20-98 G:\COMMONIINTERNE1\S8-77.BID-nrv 04198 -28- ~ Designer Golf Company ....., Sponsorship Tee Sign Agreement 'l1lÎs tee sign agreement entered on , by and between DESIGNER GOLF ADVERTISING, referred to as "DESIGNER", and golf course wld/or CounlIy Club, located at , referred to as "GOLF COURSE", This agreement shall be construed as an exclusive agreement whereby GOLF COURSE grants to DESIGNER the exclusive right to use tee signs provided by DESIGNER, tor the purpose of graphic sign advertisement on GOLF COURSE'S premises. The DESIGNER shaIl provide tee signs and sponsors panels to GOLF COURSE at no charge. Signs wiIl begin production only after 75% of the advertisements have been sold. If DESIGNER experience .a lack of participation from local community than DESIGNER reserves the right to make this contract null and void. The period of the agreement shall be for a period often (10) years, with an automatic renewal, lUÙess either party gives notice in writing ninety (90) days prior to the expiration ofthis agreement of either parties intent to cancel. GOLF COURSE shall have the option, at the expiration often ( 10) years from the date of the installation of the tee signs, to purchase the right to advertisement on tee signs at fair market value. During the existence of this agreement, GOLF COURSE shall retain ownership of aP tee signs. GOLF COURSE agree:¡ to allow DESIGNER the use of the sign tor the purpose of advertising. DESIGNER shall have the exclusive right to advertisement on tee signs and GOLF COURSE has the option to approve potential advertisers. GOLF COURSE agrees to hold hannless DESIGNER for any act or injuries related to the placement of the tee signs. DESIGNER shall provide GOLF COURSE with the layout of tee signs in accordance with DESIGNER'S specifications and instructions, and GOLF COURSE shall make any necessary changes and return same to DESIGNER. DESIGNER agrees to allow GOLF COURSE to install the tee signs in accordance with DESIGNER'S specifications and instructions, and thal GOLF COURSE will install the tee signs within two (2) weeks of their arrival at GOLF COURSE. Installation of newly sold advertising panels i:; also tIle responsibility of GOLF COURSE. GOLF COURSE agrees to maintain tee signs in respectable condition, to inspect tee signs annually. Any repair that is necessary ITom anything other than ordinary wear and tear wiIl be the responsibility of GOLF C01 m.SE to make those repairs. DESIGNER authorizes GOLF COURSE to install only panels supplied by DESIGNER, and GOLF COURSE agrees to keep sponsor panels ITee Irom all oilier unauthorized posters, signs and advertisement not approved by DESIGNER. GOLF COURSE agrees to place advertising panels on signs annually. DESIGNER will provide GOLF COURSE with a disposable camera to photograph each advertising panel. The photographs will be taken within one (I) week from receipt of ad panels and the camera will be returned to DESIGNER for processing. DESIGNER and GOLF COURSE agree that any compensation to DESIGNER for the sale of advertising on sponsor panels sha:l belong solely and exclu:¡ively to DESIGNER. DESIGNER is granted the right to change sponsor panels, upon proper notice to GOLF COURSE, to include the changing of any sponsor panels upon any default at any agreement between DESIGNER and sponsor. GOLF COURSE agrees to provide DESIGNER, within ten ( 10) days ITom the execution of this agreement a list of current vendors. GOLF COURSE acknowledges DESIGNER will be soliciting those vendors for advertisement. GOLF COURSE agrees to allow DESIGNER use of office space and a telephone tor the purpose of selling tee sign advertising. , It is the intention of the parties that the laws of the State of Florida shull govern the validity of the agreement, the construction of its terms, and the intt.:rpretation of the rights and duties of the parties. ' If any action at law or in equity is brought to t.'Ilforce or interpreL the provisions of this agreement, the prevailing party shall be entitled to all costs including a reasonable aUomey's fee, in addition to any other relief to wbch it may be entitled. This agreement constitutes the entire agreement between the parties and botIl parties acknowledge that no other oral representation have been made to include either party to enter into the agreement. DESIGNER GOLF ADVERTISING 13209 Byrd Drive Odessa. FL 33556 Phone: (813) 926-8500 Sales Fax: (813) 926-2691 GOLF COURSE: Address: Phone: Fax: By: By: Tille: Tille: Date: Date: Ii! .......... 'wi BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outsjde with bid number, date and time of bid opening. BID #98-77 Granite Signs for the Fairwinds Golf Course .~ , I ~ r. \ ~ =->Ï} I 1~' (JI'.-.-. . -- -6 . , -- ),:8(' ~~ 'AQ.. L·.Jl·h I . REPRESENT NG '"'-c. 7Y17l ,..~ \ u.-f~ Comp and/or Corporation, agree to peñorm all of the requirements to complete the work required in the specifications for the price of: Specifications: Natural Granite (synthetic materials not acceptable) Size: Height: 6 ft. 6 in. (after installation sign post will have 4 ft. above ground) Width: 12 in. Thickness: 4 in. Verbiage to be imprinted on plexi-glass plate 9 1/2 by 9 in. (removable to accomodate changes) Advertising will be located at the top of the sign post with Hole and course information to follow. The advertising will be acquired by the bidder. The County will approve all advertising. Base Bid $ ;Jo ~- O\~ .- Bid Obligation -It is understood that this Bidder is bóund by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners reserves the right to waiv~ any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allOWed for, accept or reject any bid in whole or in part with or without cause, and accept the bid est serves the County. Þ ¡.-J c( c( I NAME OF BIDDER: . I,:; .f <,J-:>, \ lei Ù ADDRESS: ....... L- J 't 'i D PHONE: DATE: SIGNED BY: TITLE: G:~77.BU:Hwo.wa -28- .-..~ Eag:"-::Ù~ ....; ,~I 0'''; HIe" I ,;:''ì~ Ie) t't"~.''''''' ..,...._ . ¡..···../fr " '," . .,' ,v.' ,_..' "I I ," " ..' ,. , :. ' ·,r¡1' " j"'r~( '.. II /Y I J\ I Ci.~1 4" f . . vI f ( .' ~2.: ~~ #-qt-?7 Jo~~77,&~~: ~aM-~~~ . /y tL- '-I~ iYt'- ~ ~~ ·tr~· J~.~ ~~ t¿U-~L~-) ~ ~ ~ ~ ~ ,\4> dð ~L.¿J-V1--e4d ~~~~ .~. . . .;-. ~,ì ,._~~!î!~9t6l~U{~I' , (j'_-:' _._...., '____.__._'_.,.._..~_ j'Jh(~MI'.NT COr-II'ANY SI¡-/Œ I/JIIL go') IL\l((,1 /\"1 '. H.__._'..._.._.__... ._H. - ., ". '( ¡I:-r 1'II'I,q;, }o'¡ .Olnl JA j'I'),Î' \ ',,, I ) ,I,. I '".!/ " \ ~ .... , .. \.; AGENDA REQUEST ""'" ITEM NO. C-2-C DATE: January 12, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING SUBJECT: Award of Bid #99-04 Thermoplastic Premelter with Trailer PRESENTED BY: CHARLES BICHT BACKGROUND: On December 9, 1998 bids were opened for the purchase of a Thermoplastic Premelter with a Trailer. Sixty two vendors were notified (five are minority owned), three sets of bid documents were distributed and three bids were received. The low bidder is Linear Dynamics, Inc. in the amount of $28,500.00. FUNDS AVAIL.: 101-4109-564000-400 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-04 Thermoplastic Premelter with trailer to the low bidder Linear Dynamics, Inc. in the amount of $28,500.00 MISSION ACTION: NCE: [ APPROVED [] DENIED [ ] OTHER: Do nderson County Administrator County Attomey:(X) [t'v/ r/ð Coordination/Sianatures Mgt. & BUd9et:~lßb ~ Other: Purchasing Mgr.:(X) c13 Originating Dept: Finance: (Check for Copy only, if Applicable)~_ Other: Eft. 1/97 Ø:\WP\AGENDAS\BIDS\99-04 award.wpd '-' ....,,¡ LeG PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM DATE: Charlie Bicht, Purchasing Manager ./'. P. M. Bowers, Road & Bridge Manager::~ø, J. Scott Herring, Traffic Operations Engineer ç..fL January 4, 1999 TO: VIA: FROM: SUBJECT: Bid #99-04 After reviewing the materials supplied by the bidders (copy attached) for the thermoplastic premelter, it is our recommendation that his bid be awarded to Low Bidder, Linear Dynamics. There are sufficient funds in Account #1 01-41 09-564000- 400 for this equipment. We appreciate your assistance in this matter. Should you have any questions or need additional information, please contact me at extension 2829. JSH:sb Attachment cc: Chuck Claypool, Traffic Project Coordinator Richie Hanes, Traffic Studies Technician Tammy Murphy, Senior Account Clerk w o '-" w o z en ~il UI ....., -t "C -I to 0 " :J: - -t mm C 3: " (") » m3: r !:j 0 » m"C-t "ç:m ~ (I) G) :::¡ ::f 0 ~ n ÃJ - -< r . . m " ~ -r Z- ?' (")Z c.n . m 0 » < 0 ÃJ m . 0 0 Z 0 -< 0 Z 0 » ÃJ i: =It - ~ (") en - ~ -tï1 ÃJr ?' »0 to ZÃJ to < c.n en- . (")0 m 0 0» Z 0 0 ~ 0 - ÃJ Z (") =It . N t (")en p 0:::1 en ÃJi: < en "tJcn c.n 00 m . 0 ÃJZ Z 0 »- c -t-t 0 -m 0 ÃJ Z =It w O"m "c:- mmO zr-U: m-CD oOcp O~o mO.þ. 0;0 m" 3: en m:=:¡ m:I: ;om CD;o .. 3: ~O CD" CDr- co» ®en ~-I ~O w" 0;0 »m · s: S:m r- -I m ;0 ~ - -I :I: -I ;0 » - r- m ;0 m - o -I » m c: r- » -I - o z en :I: m m -I ~ ""'" BID FORM All bids must be submitted in a sealed envelope addressed to the St.; Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #99-04 - Thermoplastic Premelter with Trailer I Cynthia M. Beck REPRESENTING Linear Dynamics Inc. , . Company and/or Corporation, agree to perform all of the requirements to complete the work .required in the specifications for the price of: 1. Base Bid $ 28,500.00 Bid Obligation It is understood that this Bidder is bound by the bidding documents. and that the bid may not be withdrawn during a period of 60 days after bid opening. DELIVERY: 90 Days ARO The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER: Linear Dynamics Inc. ADDRESS: 400 Lanidex Plaza, ParsippanYt NJ 07054 PHONE: (973)884-0300 /1 . /1 . SIGNED BY: (rUff-, m .~,2vó('cynthia M. Beck TITLE: Ass i stant Secretary DATE: December 7, 1998 ., j SPECIFICATIONS EQR TRAILER. THERMOPLASTIC PREMELTERS. HYDRAULICS, & FUEL SYSTEM '-" ....I ; Instructions to Bid~ The equipment described in these specifications shall be fully operational upon delivery, is to be an all new current production. The Bidder shall furnish with his proposal the manufactures' printed specifications which clearly show the rating, measurements, and designs of the equipment he proposes to supply. - Gener~ Bidder is required to indicate compliance or non-compliance opposite applicable lines and furnish additional information if required by the buyer. The following specifications describe a complete, trailer mounted, equipment system, for use in the application of hot thermoplastic road markings. COMPLIANCE NON-COMPLIANCE TRAILER: " Capacity: 12,000 lb. GVW y Dimensions: Deck 7'6" x 16' 0" OAL 20' 0" deck height 30". y Brakes: Electric Dual Axle y Axles; Twin Axle System 6500 lb. capacity each with leaf spring suspenSIon. y Tires: 4 each L T235-85R16 Load Range "E" 3042 Ibs. y Couple.r:. 2-5/16" Ball Type, and safety chains. y Lighting: Standard USA brake and turn signal lighting with running lamps at front and rear. y Hoist: A hydraulically operated hoist will be installed to safely load and unload the applicator. .. . . ~ y ~ 5,000 lb. capacity attached to tongue equipped with a flat foot, and a drop leg with pin. y /) ~ COMPLIANCE '-'NON-COMPLIANCE CONSTRUCTION: All steel, welded assembly linear frame members will be manufactured 0(5" channel iron. Cross members will be of 3" channel spaced on 16" centers. Tongue will be made of twin 5 II channel iron members with a 3" square tube to connect at the center of the coupler with a ball hitch. The tongue and coupler assembly will extend 4'0" forward of the deck. The 8 HP engine will be mounted in the trailer tongue. The deck will be manufactured of 11 GA HR steel with a medium diamond pattern. All welds will be on the bottom side of the decking. The entire trailer shall be coated with industrial primer and two coats of yellow paint. The sides of the trailer shall be equipped with proper reflective tape. y PREMELTERS: Style: Vertical, Air Jacketed y Capacity: 750 lbs. of hot thermoplastic each. y Capacity: 1500 lbs. Total. y A vg. Start-up: 45 minutes from cold start to operating temperature. y Dimensions: 38" Dia. x 62" Door Ht. Overall Ht. 87". 4211 Dia. x 6211 Door Ht. Overall Ht. 8711 Agitation System: Vertical, direct drive hydraulic motor. Bi-directional motor controls. y Thermostat ControlIndicators: Each melter shall be equipped with two bimetal thermometers conveniently located to observe material & oil temperature. y The premelters shall be equipped with a LPG fired heating system. The system shall contain an impinged jet burner of at least 170,000 BTU/HR rating. The burner shall be automatically controlled by a temperature control that senses material temperature. The system shall also contain a pilot, and pilot safety, and proper regulators and valves. The system shall conform to industry standards, and national fire protection safety code #58. The material feed door shall be equipped with a handle to facilitate opening door from a safe distance. The water tight feed doors will be safety angled. - 2- .'- . ..+ ,'1 - '-' '-' C011PLIANCE NON-CONIPLIANCE HYDRAULIC SYSTEM: A hydraulic system will be provided for the purpose of driving the agitator motors on th<:' premelters. The system will consist of a Briggs & Stratton or Honda 8 HP eng.ine. The engÏnç fuel source will be LP gas. The engine will be properly converted with a safety lock out valve to prevent fuel leakage when the engine is not running. The éngine will have a factory electric starting system installed. A gear type hydraulic pump will be a direct drive system with an insert coupling. A flow control with pressure relief will be provided and installed at the front part of the trailer to control speed of the agitator motors in the melters. Equipped with Fast flow discharge valves (knife grate slide valve type). This hydraulic system will provide' sufficient power to properly agitate both premelters simultaneously, or-individually as needed. Additionallys the system will provide enough power to allow the hydraulic hoist to safely lift the handliner on and off the trailer with the agitators in the neutral position. The system shall also contain a 5 gallon reservoir and a spin on type return line filter. y iF FUEL SYSTEM: The unit shall be equipped with a LPG fuel system designed specifièally for this equipment. The system shall contain two 100 lb. Vertical style fuel tanks cradled and clamped to a column at the forward center portion of the trailer. The tanks shall be equipped with multi-valves to facilitate filling the tanks without detaching any plumbing. The system shall contain a first stage regulator, a redundant shut off valve, and a fuel tank pressure LP Fuel System cont.. gauge. These items shall be located near the fuel tanks. Other features shall include a conversion system to fuel the gas engine, and rigid plumbing to the rear of the trailer to feed the thermoplastic melters. ,. ¡, ." I - 3 - " ",¡ .. )1 ''-"' ....., =-... . ~.. ~::-:- ~inear Dy:namics Inc. 79 MontgomeŒ.Street Montgom~ PA 17752 717-547-1621 FAX 717-547-1629 --:."~; ~- ';'- ',: I, ,~·-;_:TZ·7t~{::'·:·:L'~ ,Û,·~.t'J,'~ \7>:.!;~i~:~':f~'::;~)~:î;.-;::-T~:mf..!~:..TIi~1~1!~~:,;(?;'i}'.~~'ÂT'4~P~.~~t.\:~~~~~~;,,~:~;~:~t'f:t:~~;fJ;~~;DG%;:;;£t:E:~1;~~;';:~?,;i:~;~1;lX~..:~1g;:;;il;'~:~~c~-?E::;:,~:~~:~:~;:::.:n:"":~;:o;_::::;:_:,'.--,::_'.~, ~_~~-:;:::-:: ";~ .''';~~~:-:·:·~.::::;:~~:'':::i~':'?:7B;:;·07-::r:'",·~~~":":~::J'·f-:.1:~~j~!iB:7~H1~~f'~~lí:!:'~;;rj~~~·3r.'?Imz;f:~~;~:;i~';¡:;:;.~ik~sm7~7:i:~;4.;;¡.rZ"'i~SN1~K;1:ra~...~,·~;~~!.t':~i~Y.>::;1L.;Z·S:P~;:·.~~.~G~·~z·.r~:r;·7.~?,~"·."-'_::;::~;'~:--::.-::'"~: ',:"'! - -....= Deflnlng the American Road - SPECIFICATIONS PICTURED LDI TRAILER MOUNTED THERMOPLASTIC MELTING UNIT UNIT MAY OR MAY NOT INCLUDE ALL FEATURES OUTLINED IN SPECIFICATION TRAILER: Construction - Heavy gauge structural steel tubing and channel with an 11 gauge safety plate deck surface. 7 Ft Wide x 16 Ft long x 61n Thickness Tandem Axle Assemblv - with a rating of 12,000 pounds GVWR Wheels - 235 - 85R16, load Range -E- Brakes - Electric brake drums and automatic brake controller Electrical - Stop and directional signal lights, with running lights CouDler - (2) 5/16" ball with safety chain Material HeatinQ Tanks - (2) 750 pounds capacity, air jacketed, LP fired with Safety/Anti-flash loading lid Hvdraulic Powered AQitator System - lP Fueled Engine, 8 HP mounted on tongue. liQuid ProDane Bottle Rack - with two (2) 100 lb . LP Bottles (1) 5 Gal. Capacity Drinking Water lice Container (2) 20# Fire Extinguishers (4) Jacks Over (1) Hydraulically Operated Hoist 55 years of innovation in highway safety EQUIPMENT: ACCESSORIES: LEARN MORE' ABOU'tUSÄífWWW:I¡nè~h:íy· ;fá{coìrt; "., . ,,' '., ._ -' --. _ "_.>, ' ,.."...;....,._ - _ ~ .. .' - ... _.-., __. .,,;... .,......... ~"'" "..' _.-U~···h·'.·'·, ....._.,.,_, ,"_. '_..' ,,~,".~"_'-':'''.' 10,26198 -10:52 FAX 56l.4621294 ST. LUCIE COUNTY [4]1.1 ~ ~ BID FORM All bids must be submitted in a sealed envelope addressed to the St.: Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Piercs, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #99-04 - Thermopla5tic Premelter with Trailer I, r!.Æd.... ¡¿'P~~I.M./ . ,REPRESENT1NG ~Í>f- ~S~. /~.- Company and/or Corporation. agree to perform all of the requirements to complete the work required in the specifications far the pñce of: 1. Base Bid s ~~ 99':'-. ~ Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregulamies, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER: FL.c,~/ÒA- -r~~t(. ¿ ~ ~ ( ADDRESS: (J.O, -e~ 1t,79~ ~""¡"i R. :3,..2.J·h;- 4:,79':> PHONE; ~"ff~~ -?¿()~ '9'0~~ ~~J SIGNED BY: C ð~~w~-- TITLE: I~~r DATE: 1~'fÞ K: r , C -*-¿a'bb'~ Its ~~-'z.~..~Þ".s.7'~~-e. ~~ ~1Z"X ~ 'iF- ~/ ry:. ($-' ~~ Jþ'~'"'"0 ì - 10/26/98 10:52 FAX 5614621294 ST. LUC IE COU~TY ~1l '-' ....,I SPECIFICA nON~ EQß TRAILER. THERMOPLASTIC PREMELTERS. HYDRAULICS. &. FUEL SYSTEM Instructions ~o Bidder:: The equipment described in these specifications shall be fully operational upon delivery, is to be an all new current production. The Bidder shall furnish with his proposal the manufactures' printed speci£ìcarions which clearly show the rating, measurements, and designs of the equipment he proposes to supply. GeneraJ: Bidder is required to indicate compliance or non-compliance opposite applicable lines and furnish additional information if required by the buyer. The following specifications describe a complete, trailer mounted, equipment system, for use in the application of hot thermoplastic road markings. TRAILRR: COMPLL\NCE NON-COMPLIANCE Capacity: 12,000 lb. GVW v Dimensions: Deck 716" x 16' on OM 20' on deck height 30". ~ ~ Electric Dual Axle ~. ~Ies: Twin Axle System 6500 lb. capacity each with leaf spring suspensIon. ./ Tires: 4 each L T235-85R16 Load Range IIEII 3042 lbs. ~ ~ 2-5/16" Ball Type, and safety chains. / ~ Standard USA brake and turn signal lighting with rttnn;ng lamps at front and rear. ~ Hoist: A hydraulically operated hoist will be installed to safely load and unload the applicator. / hd.;. 5,000 lb. capacity attached to tongue equipped with a flat foot, and a drop leg with pin. v 10/26/98 10:52 -FAX 5614621294 ST. LUC IE COUNTY !4112 '-' ...." COMPLIANCE NON-CO~fPT.r A NCE CONSTRUCTION; PREMET .TERS: All steel, welded assembly linear frame members will be manufacrured o(S' channel iron. Cross members will be of 30 channel spaced on 16" centers. Tongue will be made of twin 5" channel iron members with. a 3 n square tube to connect at the center of the coupler with a ball hitch. The tongue and coupler assembly will extend 4'0" forward of the deck. The 8 ffi? engine will be mounted in the trailer tongue. The ¿eelt 'Will be manufactured of 11 GA HR steel with a medium diamond pattern. All welds will be on the bottom side of the decking. The entire trailer shall be coated with industrial primer and two coats of yellow paint. The sides of the trailer shall be equipped with proper reflective tape. / / ~ Venical, Air Jacketed C~~city: 7501bs. of hot thermoplastic each. / ¡/'/ Capacityí 1500 lbs. Total. A vg. Start· up: 45 minutes from cold start to operating temperature. ~ Dimensions: 38" Dia. x 62" Door Ht. Overall Ht. 87". ~. AgitatÍQn System¡ Veruca!, direct drive hydraulic motor. Bi-directional motor controls. ~/ Thermostat ControlIndicator~ Each melter shall be equipped with two bimetal thermometers conveniently located to observe material &: oil temperature. - fJ..E.HE JtJŒ r;¡"e..~ ~t~ ....::ri'feUT&;) ~et:r~ ~"-'t- ~~ ;~ 4ID e,t. "7Õ tfU~~ ~"""""74¡(L ðF: v The premelters shall be equipped with a LPG fIred heating system. The system shall contain an impinged jet burner of at least 170,000 BTU/HR rating. The burner shall be automatica.lly controlled by a temperature control that senses material temperature. The system shall also contain a pilot, and pilot safety, and proper regulators and val.....es. The system shall conform to industry standards, and national fire protection safety code #58. The material feed door shall be equipped with a handle to facilitate opening door from a safe distance. The water tight feed doors will be safety angled. - 2- 10/26/98 10:52 ~~ 5614621294 ST. LUCIE COUNTY 14113 ~ .., COMPLIANCE NON·COMPLIANCE HYQRAIIT.TC SYSTEM: A hydraulic system will be provided for the pwpose of driving the agitator motors on the premelters. The system will consist of a Briggs & Stratton or Honda 8 I-n? engine. The engine fuel source will be LP gas. The engine will be properly convened with. a safety lock òut valve to prevent fuel leakage when the engine is not I1IIU1ÍIlg. The engine will have a factory electric starting system installed. A gear type hydraulic pump will be a direct drive system with an insert coupling. A flow control with pressure relief will be provided and installed at the front part of the trailer to control speed of the agitator motors in the melters. Equipped with Fast flow discharge valves .(knife grate slide n.bre type). This hydraulic system will provide- sufficient power to properly agitate both premelters simultaneously, or individually as needed. Additionally, the system will provide enough power to allow the hydraulic hoist to safely lift the handliner on and off the trailer with the agitators in the neutral posicion. The system shall also contain a 5 gallon reservoir and a spin on type return line filter. ~ LP FtJFJ. SYSTEM; The unit shall be equipped with a LPG fuel system designed specifically for this equipment. The system shall contain two 100 lb. Vertical style fuel tanks cradled and clamped to a column at the forward center portion of the trailer. The tanks shall be equipped with multi-valves to facilitate f,l1ing the tanks without detaching any plumbing. The system shall contain a first stage regulator, a redundant shut off valve, and a fuel tank pressure LP Fuel System cant. gauge. These items shall be located near the fuel tanks. Other features shall include a conversion system to fuel the gas engine, and rigid plumbing to the rear of the trailer to feed the thermoplastic melters. -3· ~ '-'1-"-· J.. .1. - 70 -"I MU ......¡ : .:> ¿ '" I ~ H NIt=. >~ ¡ ~ I 5916827 P.01 '-" WARRANTY The stripin~achine is sold by Tmntex Transportation Products of Texas, Inc. WIder the following [¡"rranty and agreement. I. That the eqjpment is well constructed and of good material. 2. That at leasllone "Operation Manual" has been supplied, which describes in detail the recommended pperation of the equipment and procedures for preventive and regular maintenance. t is agreed by the buyer and seller that if recommended maintenance and operation pro<: dures are not fonowed as outlined. ond warranty. expressed or . }' d. ,I Imp Ie ,IS VOl . 3. No warranJ .shall·extend under this agreement betm:en buyer and seller in case of accident, abnOral use, or when unauthorized alterations have been made. 4. This WIlITBl\~ COvers only those components manufactured hy Trantex Tmnsportalion Products ofTtHas, Inc. and does not apply to components such as. but not limited to. engines or oth~r mechanical equipment manufactured by others on which separate warranties ma~'or may not be in existence. 5. The sole rJ~nsibility ofthe seller for any parts shown to be defective within a period of six months I .f purchase. or ninety days of service. whichever shall first occur. is Jimi~ed to the ~r'Placement of such part without charge. exclusive of any field labor or servIce. 6. The seller sail not be liable for consequential damages or contingent liabilities. 7. All w~ Is herein sel forth are in lieu of any express, implied or statuIory warranly. The within wa'tnties cannot be changed by agent and only in writing. signed by an officer of the trpany. 8. Notice ofa1~laefects shall be made to Trantex Transportation Products of Texas, Inc., Houston. Te'?1f in writing. stating the model and serial number of the equipment, the defective part or parts of component with description of condition. I I 14 il ,-,. ""'" 81D FORM All bids must be submitted in a sealed envelope addressed to the St... Lucie County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. 81D #99-04 - Thermoplastic Premelter with Trailer I, Clifford S. Deremo REPRESENTING Stimsonite Corporation Company and/or Corporatiòn, agree to peñorm all of the requirements to complete the work required in the specifications for the price of: 1. Base Bid $ 30.665.00 Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contain additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. NAME OF BIDDER: Stimsonite Corporation ADDRESS: 6565 W. Howard Street Niles. II 60714 PHONE: (847) 647-7717 SIGNED BY: ~~_ TITLE: v. P. Sales & Marketing DATE: 12/8/98 '-' "'" SPECIFICATIONS EQR TRAILER. THER..l\10PLASTIC PREMELTERS, HYDRAULICS. & FUEL SYSTElVI Instructions to Bidder: The equipment described in these specifications shall be fully operational upon delivery, is to be an all new current production. The Bidder shall furnish with his proposal the manufactures' printed specifications which clearly show the rating, measurements, and designs of the equipment he proposes to supply. General~ Bidder is required to indicate compliance or non-compliance opposite applicable lines and furnish additional information if required by the buyer. The following specifications describe a complete, trailer mounted, equipment system, for use in the application of hot thermoplastic road markings. COMPLIANCE NON-COMPLIANCE TRAILER: Capacity: 12,000 lb. GVW x Dimensions: Deck 7'6" x 16' 0" OAL 20' 0" deck height 30". 7'6"x14' Height = 36" Brakes: Electric Dual Axle x Axles: Twin Axle System 6500 lb. capacity each with leaf spring suspenSIon. 6,000 lb. each Tires: 4 each L T235-85R16 Load Range liE" 3042 lbs. R16.5 Coupler: 2-5/16" Ball Type, and safety chains. x Lighting: Standard USA brake and turn signal lighting with running lamps at front and rear. x Hoist: A hydraulically operated hoist will be installed to safely load and unload the applicator. x J.a.çk;. 5,000 lb. capacity attached to tongue equipped with a flat foot, and a drop leg with pin. 1r '-" CONIPLIANCE"-'NON-COlvIPLIANCE CONSTRUCTION: All steel, welded assembly lin~ar frame members will be manufactured 0(5" channel iron. Cross members will be of 3" channel spaced on 16" centers. Tongue will be made of twin 5" channel iron members with a 3" square tube to connect at the center of the coupler with a ball hitch. The tongue and coupler assembly will extend 4'0" forward of the deck. The 8 HP engine will be mounted in the trailer tongue. The deck will be manufactured of 11 GA HR steel with a medium diamond pattern. All welds will be on the bottom side of the decking. The entire trailer shall be coated with industrial primer and two coats of yellow paint. The sides of the trailer shall be equipped with proper reflective tape. 11 HP Enginee PREMELTERS: ~ Vertical, Air Jacketed x Capachy: 750 lbs. of hot thermoplastic each. x Capacity: 1500 lbs. Total. x A vg. Start-up: 45 minutes from cold start to operating temperature. x Dimensions: 38" Dia. x 62" Door Ht. Overall Ht. 87". 38"x42" nH=L..R" Agitation System: Vertical, direct drive hydraulic motor. Bi-directional motor controls. Bi-directional chain driven Thermostat ControUndicators: Each melter shall be equipped with two bimetal thermometers conveniently located to observe material & oil temperature. x The premelters shall be equipped with a LPG fired heating system. The system shall contain an impinged jet burner of at least 170,000 BTU/HR rating. The burner shall be automatically controlled by a temperature control that senses material temperature. The system shall also contain a pilot, and pilot safety, and proper regulators and valves. The system shall conform to industry standards, and national fire protection safety code #58. The material feed door shall be equipped with a handle to facilitate opening door from a safe distance. The water tight feed doors will be safety angled. - 2- "'-' ..,; COMPLIANCE NON-CONlPLIANCE HYDRAULIC SYSTEM: A hydraulic system will be provided for the purpose of driving the agitator motors on the premelters. The system will consist of a Briggs & Stratton or Honda 8 HI? engine. The engine fuel source will be LP gas. The engine will be properly converted with a safety lock out valve to prevent fuel leakage when the engine is not running. -The engine will have a factory electric starting system installed. A gear type hydraulic pump will be a direct drive system with an insert coupling. A flow control with pressure relief will be provided and installed at the front part of the trailer to control speed of the agitator motors in the melters. Equipped with Fast flow discharge valves (knife grate slide valve type). This hydraulic system will provide- sufficient power to properly agitate both premelters simultaneouSly, or individually as needed. Additionally, the system will provide enough power to allow the hydraulic hoist to safely lift the handliner on and off the trailer with the agitators in the neutral position. The system shall also contain a 5 gallon reservoir and a spin on type return line filter. * *Pressure release internal with pump and flow controls regulated at agitator control handles. LF FUEL SYSTEM: The unit shall be equipped with a LPG fuel system designed specifically for this equipment. The system shall contain two 100 lb. Vertical style fuel tanks cradled and clamped to a column at the forward center portion of the trailer. The tanks shall be equipped with multi-valves to facilitate filling the tanks without detaching any plumbing. The system shall contain a first stage regulator, a redundant shut off valve, and a fuel tank pressure LP Fuel System cont. gauge. These items shall be located near the fuel tanks. Other features shall include a conversion system to fuel the gas engine, and rigid plumbing to the rear of the trailer to feed the thermoplastic melters. - 3 - '--' >..",I RAil fX TRANSPORTATION PRODUCTS OF TEXAS, INC. TRANTEX MODEL TT750DH Trailer Mounted Thermoplastic Premelters 3310 FRICK ROAD, BUilDING D · HOUSTON, TEXAS 77086 · PHONE (281) 448-7711 · FAX (281) 591-6827 E-MAil: trantex@trantexinc.com · INTERNET: http://www.trantexinc.com '-' '~ TRANT EX MODEL TT750DH TRAILER MOUNTED THERMOPLASTIC DUAL PREMELTERS I. GENERAL; This specification describes the minimum requirements for trailer mounted thermoplastic premelters designed to melt thermoplastic road marking material and transfer the material into a thermoplastic applicator. II. WORKMANSHIP AND MATERIALS; All equipment f\,lrnished and the parts thereof shall be of the manufacturer's latest listed and published stock models which meet all requirements of the specification. All design, workmanship and materials shall in every respect be in accordance with the best current practice in the industry and all materials used shall be new. III. DESCRIPTION; The system shall consist of a trailer with a GVWR of at least 12,000 lbs. The trailer shall have a flat metal platform measuring 7' 6"W x 16' long, with a 60"tongue. Deck height shall be approvimately 40". The trailer shall be manufactured of hot rolled steel. Two air jacketed thermoplastic melting kettles of at least 750 lbs. capacity each, shall be mounted to the rear of the platform. configuration shall facilitate thermoplastic transfer from the back end of the trailer into a hand propelled applicator by means of fabricated chute. The platform shall include a step, positioned on the deck, allowing operators to hand feed thermoplastic into the melters. The system shall contain all necessary components to properly heat and agitate the thermoplastic, i.e. fuel and hydraulic systems. A hydraulically operated hoist shall be installed to safely load and un-load a hand propelled thermoplastic applicator to the trailer platform. IV. TRAILER; Construction; The main frame rails shall be 5" channel iron. The crossmembers and perimeter shall be 3" channel spaced on 16" centers. The deck shall be 1/4" smooth steel at the rear section measuring 48"x 90". The rest of the decking shall be 11 GA HR steel with a medium diamond pattern. All welding sha 11 be on the under s ide of the decking, and each deck sheet shall be butted, without welding at the seams. Page 1 of 5 '-' ....,¡ Tongue, Coupler & Jack: The tongue shall be fabricated of structural steel of sufficient strength to accept tongue weights of at least 5,000 lbs. The tongue shall be equipped with a drop leg style screw jack of at least 5,000 lb. capacity. The coupler shall be 2-5/16" ball type with safety chains. suspension: The trailer should be equipped with two 6,500 lb capacity, floating, leaf spring axles, attached to a frame. Wheels and Tires: All four tires should be radial design with a load range of "E" or greater (LT235-85R16). Brakes: The trailer shall be equipped with a electrical type brake system on both axles. propane Tanks: The trailer shall be equipped with two 100 Ib capacity propane tanks, each with a multi-valve fill port, to allow filling the tanks without detaching the plumbing. The tanks shall be located at the forward central part of the deck. The tal1ks shall be retained at the base and located at the forward central part of the deck. The tanks shall be retained at the base an firmly clamped at the top of the cylinder with metal straps to prevent chaffing. Proper valves, regulators, and plumbing shall be installed to conform to National Fire and Safety Code #58. Hoist:. The unit shall be operated hoist to safely thermoplastic applicator. equipped with hydraulically load and unload a hand Lighting and Electrical: The trailer shall be equipped with u.S. D.O.T./l.C.C. approved lighting, which will include brake and turn signal indicators, and proper running lamps. The trailer shall also be equipped with proper reflective tape on the sides. special Features: The trailer shall be equipped with rigid piping under the deck to be part of the hydraulic and LP gas systems. The pipes shall be 1/2 schedule 80 black iron pipe welded in place, through the cross members, so as to prevent chafflng. The pipes shall be located in such a way that the remainder of the hydraulic and LP gas plumbing minimizes the use of flexible hoses. coating: The entire trailer shall be coated with a minimum of one coat of industrial primer. The top and sides shall be coated with a minimum of two coats of old caterpillar yellow industrial enamel, Rustoleum #7648, or equal. Page 2 of 5 '-' ......I v. PREMELTERS: General: The two melters shall be of standard manufacturer's design. The design shall be vertical style, air jacketed. Each melter shall have a capacity of 750 lbs. of molten thermoplastic. The heating system shall be LP gas fired impinged jet burners having a minimum of 170,000 BTU/HR rating. Each me Iter shall have the ability to melt half of its capacity to operating temperatu~e within 45 minutes of start-up. Each melter shall be equipped with a gas control system to maintain thermoplastic at proper operating temperature including but not limited to a pilot, pilot safety, and proper regulators and valves. The system shall conform to industry standards and national fire protection safety code #58. configuration/Location: The pre-melters shall be located side by side at the rear of the platform. material discharge valves shall be located on the back side of each unit. The firebox access doors shall be located to the respective right or left side of each unit to allow access from ground level. Gas controls shall be located in close proximity to the firebox access doors. Temperature gauges shall be located to allow monitoring from the rear of the kettles. Material feed doors shall be located toward the forward side of the kettles. All kettle protrusions shall be contained within the measurements of the platform, with the exception of the material discharge valves and chutes. Construction: The material tank shall be made of 1/4" mild steel wall, with 1/2" thick bottom. All tank materials shall be electrode welded with similar alloy to prevent seam splitting under extreme heating and cooling conditions. All couplings shall be merchant type mild steel and fully welded inside and out. The material tank shall be installed from the top of the double wall insulating jacket and shall be completely removable from the jacket for inspection and repairs. Material Discharge: The material valves shall be radial slide, knife gate valves. The valves shall be installed in such "a manner that;. the bottom of the valve port is flush with the bottom of the material tank. The valves shall be equipped with a handle that allows operators to safely open and close the valves without close proximity to hot thermoplastic. Gauges: Each pre-me Iter shall be visibility bi-metal thermometers temperature. equipped with to moni tor two high material Page 3 of 5 ... ~ '-' .""", Agitation System: standard agitation system shall include a vertical shaft extending from the top of the material tank and have a specially designed bushing retainer at the lower end of the tank. The paddles of the standard system will have maximum clearance at the bottom of the tank of 1/8" and be angled so that clockwise rotation of the shaft will draw up material from the bottom of the tank. A second set of paddles installed 1/2 way up the shaft will be angled so that clockwise rotation will draw· materials down. All materials used in the system will be mild steel and have enough strength to withstand the rigors of normal usage. The entire agitation system shall be fully suspended by roller bearings to prevent the lower blades from wearing on the tank bottom. Hydraulic Drive Motor For Agitation system: The hydraulic motor shall be of sufficient size and matched to the auxiliary power supply so as to agitate a full tank of material that has been melted to 275 degrees Fahrenheit. The motor shall be a "Direct Drive" mounted directly above the center of the material tank by means of a mounting plate and four stanchions. The hydraulic motor shall be controlled with a three position bi-directional valve. The center position being off. The valve shall have an automatic pressure relief to prevent damage to the components of the agitation system. Plumbing: The fuel system shall also contain, in close proximity to the fuel tank, a first stage gas regulator to reduce tank pressure to 10 to 20 P.S.I.G., and an easily accessible manual ball valve. All gas plumbing shall be of rigid black iron pipe and approved flexible gas hose, for connection to the fuel tank. Flexible hoses shall not be permitted within four feet of the melters. coatings: All external surfaces shall be coated with a minimum of one coat of industrial primer, and a minimum of two coats of heat resistant yellow paint. VI. HYDRAULIC SYSTEM: General: An auxiliary power system of sufficient size to operate agitation motors on the melters shall be installed on the trailer tongue. The system shall consist of a minimum LP powered air cooled engine and a gear type hydraulic pump, properly matched to operate the agitators of two premelters and the hydraulic lifting hoist. Page 4 of 5 -~ '-" ...., Engine : The engine shall be a Briggs & stratton 8 HP engine, converted to run on propane gas. The engine shall be equipped with a factory electric starting system. The fuel source for the auxiliary engine shall be from the trailer mounted LPfuel supply. T Pump Mounting: The hydraulic pump shall be direct coupled to the output shaft of the engine, with a spider type coupling. Plumbing: The hydraulic system shall contain a 10 gallon capacity hydraulic reservoir. The reservoir shall be equipped with a level/temperature sight glass, and a spin-on type return line filter, and a drain port. Summary: The system as described shall be complete, tested and operational upon delivery. The unit shall conform to all industry standards, with regard to safety, and manufacturing practices. Page 5 of 5 I ...., ~ ~ .... ~ I --2 ::a..C,) c: ca 2 ê.9~Q)~"" ::3f1)CI).Q'"Oca C,)5~C:ca'"O ~ 5 0 g. ~ e .S o.c:êc:'õi CW) ca~.Q C "Î Ô)'"O~s:t:::='"O C f c:c:.... UO) ~ ._ca()~ca~ ò .ê- C\ ..c: 0 i 0 -- c ~c::::~C,)"'" c ~ ::a..Q)0'õQ).! (C) Ie) ~ ca Q) C) _ CI) I 3:.!C:C:cac: 0) tn c '"OQ);S:::3e~ .,.. £t: CI) CI) ca.QIi:::OC,) ~ WCÐ I ~ ~ e CI) e E .s -g .,.. c ZCÐ eCl)ca~ca .,.. o· Zs .- ::3 Q) :0:: -= ~::3o..c:ca~ tnCÐ -O"c:::....e tnCÐ ca Q) ._ Q) c::: -'I"" 'C: ¡;; 1: -- C).s i 5£t: .æ '"0 ° .ê-::;: Q) J 5c( cac:C,)....~c: ; Ow E~5'"O~ctI Ii: 1 0>- C,) .~ ~ i i5 ª" ¡ w , ë :Qt::~ ctI ¡ ~...I CI).æo::a..()Q. m ¡ zc( w ~ca:::::ca :& f c Q.EctI~CI):S ::) ì :)0 z ë ° "..., '"0 .Q .¡ z ¡ o~ w w ê....:;:ca- .... t 011. :& ~ o~eo.... z :& Q). 0 Q) ::) í u.£t: .;:: CI) .~ Q) CO :::::: 0 .....:Ss:S@~ 0 ¡ o~ (,) D. (,) W D. Q) 0 '"-' CI) (,) ~ et- a: < SOQ)5Q)ctI c( -~ i £t:tn ....CW):t:: ~c: -....()- 0 r c(w ~ .2 E .~ ~ '"0 0:) mO e~e.æN.æ ; ~~ Q.·õ Q. ctI ........ c: caQ)E~::3 .9 Q...c: e :t:: 0 Zt- ca ..... Q) E :)z ~c')C)oEe ow 51 ca .~ E e 05 CI) CI) ._ _ ctI we: Q)ca::3::3Q.Q) C,) .c: tr Q. Q) CI) -::;) IE ~~~.e~~ °0 3w CI) c: ::a.. It:: ¡.; '- 0 co ca So. ¡..: ¡ij -.... ....ca"O ~ c: 0 . CI) "0 Q) Q) ..... C,) tn ÛJ Eca:QJeQ)ê ~ Q..S:a CI) .Q c: '_Q.~ ca o.g ::3 Q. Q. c: UJ (,) 0" ctI 0 Q) .S Q) ~ ¡:: Q) ê '"0 '"0 Q. (!) CI) 'õ~()C:::cþCÞ ~ ~ ~ CI).;::ca.c:.Q cc ~ ~ .... Zs .~ 0 0) ~ Q)Q..CÞ.....-..... U IIð ._ 0 .;:: ca ~ C) ~ .,.. - 0 ffi Q. ê .... C,) c: <'h -J .- 0'- § ë§ CI) .... -- Q. 0) .- Q) 1) Q. C,) .1: ~ ~.;:: E Q. C,) .... g Q.. a:: .... cactlCl) :it a ¡:.: w a: z ¡:.: .... w z z :E Ž w w ~ 0 :ii :E c( iñ ~ ~ ~ ~ :5 :5 w a a c c w w .......... ~ '-' "-' AGEl'.DA REQUEST c- 3Fr ITEM NO. DATE: January 12, 1999 CONSENT [ X ] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Community Development SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: C~<SSIOH ACTIOH. [ ] APPROVED [ ] OTHER: County Attorney: Originating Dept: Finance: (copies only): between Community Development Block Grant (CDBG) St. Lucie County and Lindahl, Browning, The County has applied for a Florida Small Cities Community Development Block Grant Economic Development Category to fund the cost of providing water to a portion of the Oleander Business Park which includes the World of Plastics manufacturing plant located in unincorporated St. Lucie County south of Edwards Road and west of Oleander Avenue. In September, 1998, the Department of Community Affairs informed St. Lucie County that the grant application had been approved, and that the requested $480,000 were allocated to St. Lucie County. The consultant's engineering services include any work approved in the grant application necessary for the construction of the water main to serve World of Plastics. The agreement and exhibit A have been reviewed and approved by the County Attorney's office. N/A Resolution 98-72 on March 24, 1998, authorizing the filing of the 1998 Florida Small cities Community Development Block Grant economic development application with the Department of Community Affairs. It is recommended that the Board approve the CDBG Grant Engineering Contract and authorize the Chair to sign the Agreement, after the Florida Department of Community Affairs has reviewed and approved the contract. DENIED Anderson Administrator Coordination/Signatures Mgt &. Budget: Purchasing: Other: Other: UF. 11/./97 , II h.. -I '-" . .....I C ? í~'- ... COUNTY COMMISSION REVIEW: January 12,1999 CONSENT AGENDA MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: County Commission FROM: Community Development Director ~ DATE: January 4, 1999 SUBJECT: Community Development Block Grant (CDBG) Agreement between St. Lucie County and Lindahl, Browning, Ferrari & Hellstrom, to provide engineering services for the construction of the water main for the FY 1998 Florida Small Cities Community Development Block Grant - Economic Development Category. The County has applied for a Florida Small Cities Community Development Block Grant Economic Development category, to fund the cost of providing water to a portion of the Oleander Business Park which includes the World of Plastics manufacturing plant located in unincorporated St. Lucie County south of Edwards Road and west of Oleander Avenue. The County is unable to provide water service to the World of Plastics property from County facilities. The City of Ft. pierce and the Ft. pierce Utilities Authority (FPUA), however, own and operate a water system in the area which, after expansion, would have the capacity to provide water services to the property. The County has been awarded the grant and will use the grant funds to construct a water system which would be necessary to provide water service to World of Plastics' and other industrial users in the Business Park. The consultant's responsibilities include all engineering services necessary for the construction of the wâter main in compliance with the conditions of the grant. The grant will pay 100 percent of the engineering expenses as has been outlined. in the original grant application. This will therefore not incur any expenses to the County. The engineer is also notifying the County that they are under contract with the North St. Lucie River Water Control District as District Engineer, and that some work performed under both contracts may be interrelated and could conceivably cause a conflict of objectives. The engineer, however, feels that this will not pose a problem to the engineer's judgement or quality of services provided. 'ill " . ~ ....., Page 2 January 5, 1999 It is recommended that the Board approve the contract for engineering services for the FY 1998 Community Development Block Grant - Economic Development category - and authorize the Chair to sign the contract, once the Department of Community Affairs has approved the contract. cc: County Administrator County Attorney ... .. ~ '-' .-.J ... ST. LUCIE COUNTY, FLORIDA AGREEMENT FOR ENGINEERING SERVICES WORLD OF PLASTICS - CDBG CONTRACT NO. 99DB-WZ-10-66-01-E81 THIS AGREEMENT is entered in this ___ day. of , 1999, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida (the "COUNTY"), and LINDAHL, BROWNING, FERRARI AND HELLSTROM, INC., (ENGINEER). The Agreement shall become effective upon execution by the COUNTY. - WITNESSETH - WHEREAS, the COUNTY has determined that ENGINEER is fully qualified to perform Engineering Services for the design of a water main in conjunction'with the County's Community Development Block Grant for the World of Plastics, CDBG Contract No. NO. 99DB-WZ-10~ 66-01-E81. NOW THEREFORE, THE COUNTY AND ENGINEER DO MUTUALLY AGREE AS FOLLOWS: 1. COVENANT FOR SERVICES The COUNTY does hereby contract with ENGINEER to perform the services described herein and ENGINEER does hereby agree to perform such services under the terms and conditions set forth in this Agreement. 2. AVAILABILITY AND LIMITATION OF FUNDS All compensation to be paid to ENGINEER by the COUNTY under this Agreement is subject to the receipt by the County of an award of a Community Development Block Grant (CDBG) to the COUNTY and release of authorized appropriations from the Florida Department of Community Affairs (DCA). Compensation to the ENGINEER under this Agreement shall be limited to CDBG funds and shall be in such amounts as are allowed under the terms and conditions of the CDBG. Subject to the foregoing, ENGINEER shall be paid in accordance with Paragraph.5 of this Agreement. -1- ~} \...; .,-, " 3. SCOPE OF SERVICES (A) Intent of the Agreement ENGINEER agrees, under the terms and conditions of this Agreement and the applicable federal, state and local laws and regulations, to undertake, perform, and complete the necessary Engineering Services required to implement and complete the County's CDBG project in compliance with applicable laws and regulations. (B) Scope of Services The scope of services relevant to the CDBG project is included as Exhibit "A" to this Agreement. Any conflict between the terms and conditions of this Agreement and the terms and conditions of Exhibit "A" shall be interpreted in favor of this Agreement. If the Agreement between the COUNTY and the DCA is amended, the scope of work for the project shall be amended to be consistent with the Agreement. 4. TIME OF PERFORMANCE ENGINEER shall begin work within lO days of the receipt of a written notice to proceed from the County. All engineering tasks shall be satisfactorily completed in accordance with the Schedule attached hereto and made a part hereof as Exhibit "C" and shall be completed on or before the expiration date of the CDBG as set forth in the Agreement between the COUNTY and the DCA. Any conflict between the terms and conditions of Exhibit "C" and the terms and conditions of the Agreement between the COUNTY and the DCA shall be interpreted in favor of the Agreement between the COUNTY and the DCA. 5. CONSIDERATION AND METHOD OF PAYMENT (A) Amount of Consideration ENGINEER shall be paid by the COUNTY for Engineering Services, in accordance with the Fee Estimate attached hereto and made a part hereof as Exhibit "B". Any conflict between the terms and conditions of this Agreement and the terms and conditions of Exhibit "B" shall be interpreted in favor of this Agreement. -2- ~ '-' '-' .. (B) Method of Payment ENGINEER will submit monthly or other appropriate periodic invoice specifying accomplishments toward meeting the Engineering Services as specified in Exhibit nAn. The invoice shall be submitted to the COUNTY for the COUNTY's review and approval. Payment will be issued within two days of approval of the invoice, subject to availability of project funds. 6. TAXES The COUNTY is like taxes. 7. PUBLIC RECORDS exempt from the payment of all sales, use and (A) ENGINEER shall allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or received by ENGINEER in conjunction with this Agreement. In addition to any other remedy available to the County, it is expressly understood that upon receipt of substantial evidence of ENGINEER's refusal to comply with this provision, the COUNTY will have the right to terminate this Agreement for breach. (B) ENGINEER shall maintain adequate records to justify all charges, expenses and cost incurred in estimating and performing the work for at least three years after completion of this agreement. The COUNTY and the Department of Community Affa~rs or any agencies of the United States Government and/or any of their duly authorized representatives shall have access to such books, records and documents as required in this section for the purpose of inspection or audit during normal business hours at the ENGINEER offices. (C) The COUNTY and ENGINEER agrees to establish records and supporting documents as prescribed in 24 CFR Section 570.490 (c), "Access to Records", Florida Administrative Code, Rule B-43. 014 (1) : and 24 CFR Part 85. These records will be maintained on the COUNTY Property and in the office of the subconsultant. A duplicated set of official files will be created at the offices of the ENGINEER for monitoring purposes. -3- " '-' '-' " 8. SUBCONTRACTS (A) If ENGINEER subcontracts any of the work required under this Agreement, ENGINEER agrees to include .in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the COUNTY. (B) ENGINEER agrees to include in the subcontract that the subcontractor shall hold the DCA, the COUNTY and ENGINEER harmless against all claims of whatever nature by the subcontractor arising out of the subcontractor's performance of work under this Agreement. 9. MODIFICATION OF AGREEMENT Modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by the parties hereto, and attached to the original of this Agreement. The amount of compensation to be paid to ENGINEER will not be amended without mutual agreement of the COUNTY and ENGINEER, formally executed in writing, subject to availability of funds from the DCA. 10. TERMINATION (A) This contract may be terminated in whole or in part in writing by the COUNTY for its convenience or by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the termin9ting party, provided that no termination may be affected unless the other party is given: (1) Not less than ten calendar days written notice of intent to terminated, and (2) An opportunity for consultation with the terminating party prior to termination. (B) This Agreement hereunder may be terminated by the written mutual consent of the parties. (C) If ENGINEER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, the COUNTY shall have -4 - " '-" ~ ... the right, without liability, to suspend or terminate this Agreement within ten (10) days after ~iving notice to ENGINEER of such suspension or termination and the reason(s) therefore; provided that this provision shall not operate to deprive ENGINEER of entitlement to remuneration only for services and work accomplished in accordance with this Agreement. The COUNTY may also require a pro rata repayment for funds paid to ENGINEER for breach of any part of this Agreement. ENGINEER shall not be held liable for failure to perform due to circumstances beyond ENGINEER's control, such as delays in necessary actions by the DCA or property owners or parties performing proj ect acti vi ties, (e.g., construction contractors, property appraisers, attorneys). (D) Notwithstanding the above, ENGINEER shall not be relieved of liability to the COUNTY by virtue of any breach of contract by ENGINEER. The COUNTY may withhold any payments to ENGINEER for purpose of set-off until such time as the amount of damages due the COUNTY from ENGINEER is determined, but no payments shall be unreasonably withheld. (E) If the COUNTY shall fail to fulfill in a timely manner its obligations under this Agreement or its Agreement with the DCA, ENGINEER may, at its option and without liability, suspend affected services until such time the COUNTY remedies the breach. ENGINEER may also, without liability, terminate the affected portion of this Agreement for breach within 10 (ten) days of giving written notice to the COUNTY of such termination and the reason (s) therefore. Neither of these options shall operate to deprive ENGINEER of entitlement to remuneration for services rendered in accordànce with this Agreement. (F) Either party may terminate this Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of such termination, the COUNTY shall compensate ENGINEER for all authorized services performed through the termination date. -5- i' ~ ...,.¡ '" 11. ASSIGNMENT OR SALE OF CORPORATE ASSETS ENGINEER shall not assign this Agreement to any other persons or firm without first obtaining COUNTY's written approval. ENGINEER shall immediately notify the COUNTY in writing of any sale of ENGINEER's corporate assets. In the event of any such sale, the COUNTY shall have the right to terminate this Agreement in accordance with Paragraph 10 B. of this Agreement. 12 . AUDIT The ENGINEER agrees that the County or any of its duly authorized representatives shall, until the expiration of three years.after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the ENGINEER involving transactions related to this Agreement. The ENGINEER agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The ENGINEER 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 years after completion of the project and issuance of the final certificate, whichever is sooner. 13. INSURANCE The ENGINEER shall procure and maintain during the lite of this Agreement insurance of the types and subject to the limits set forth below. The ENGINEER shall also provide the County with evidence of this ·insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on -policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub- contractors are used by the ENGINEER, it shall be the responsibility of the ENGINEER to ensure that all its sub- contractors comply with all the insurance requirements contained herein relating to such sub-contractors. -6- ¡,¡ '-' .....,,¡ All insurance companies providing insurance under this Agreement shall be licc~sed and authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best I s Key Rating Guide, published by A.M. Best Company. Any deductibles or self-insured retention must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed officials, employees, volunteers and agents, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses~ Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS · COMPENSATION The ENGINEER shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The ENGINEER shall provide and maintain duripg the lif.e of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COMMERCIAL AUTO LIABILITY The ENGINEER shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. -7- .. ~ "'" D. PROFESSIONAL LIABILITY The ENGINEER shall provide and maintain during the life of this Agreement, at his, its or their own expense, Professional Liability insurance on an occurrence basis for a minimum of $1,000,000.00 E. OTHER INSURANCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: l. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the ENGINEER's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the ENGINEER. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The ENGINEERrs insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for ENGINEER's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the ENGINEER's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County..l' its Officers, Officials, Employees, Agents, or Volunteers. 4. The ENGINEER's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 14. INDEMNIFICATION The ENGINEER covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising -8- - ;¡ '-' .....I out of or in any way connected or arising out of the ENGINEER's perform&~ce of this Agreement This indemnification shall be to the extent of the insurance requirements set forth in this Agreement. The ENGINEER hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 15. PROHIBITION AGAINST CONTINGENT FEES The ENGINEER warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the ENGINEER, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 16. ATTORNEYS' FEES AND COSTS In the event the ENGINEER defaults in the performance of any of the terms, covenants and conditions of this Agreement, the ENGINEER agrees to pay all damages and costs directly incurred by the County in the enforcement of this Agreement, including reasonable attorneys' fees. 17. NON DISCRIMINATION The ENGINEER covenants and agrees that the ENGINEER shall. not discriminate against any employee or applicant for employment to be employed in the performance of the Ag.reement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment 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. 18. VERIFICATION OF EMPLOYMENT STATUS The ENGINEER 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 this Agreement. -9- ... J '-" ....,¡ 19. 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, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To COUNTY: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, Florida 34982 As To ENGINEER: Richard B. Hellstrom, President Lindahl, Browning, Ferrari and Hellstrom, Inc. 2222 Colonial Road, Suite 201 Ft. Pierce, Florida 34950 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailec;i( 20. COMPLIANCE WITH LAWS The ENGINEER, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise ENGINEER, upon request, as to any such laws of which it has present knowledge. 21. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by ENGINEER shall act as the execution of as truth-in-negotiation certificate stating that wage -10- - '.I \w' ..",,¡ f rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any sums by which County determines the Agreement rate (s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 22. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 23. LITIGATION SERVICES It is understood and agreed that the ENGINEER I S services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreemént may be negotiated between the County and the ENGINEER describing the services desired and providing a basis for compensation to the ENGINEER. 24. INTERPRETATION OR VENUE This Agreement constitutes the entire agreement betweeI1,the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both· parties hereto. This Agreement shall be ·interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue' shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. -11- - i \w' -..I 25. ELIGIBILITY ENGINEER certifies that it is eligible to receive state and federally funded contracts. ENGINEER also certifies that no party which is ineligible for such work will be subcontracted to perform services under this Agreement. 26. CONFLICT OF INTEREST No Member of or Delegate to the Congress of the United States, or Resident Commissioner, and no Elected State Official or State Employee shall share in any proceeds of this Agreement or in any benefit to arise the same. No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other official of the locality who exercises any function of responsibility with respect to this Agreement, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the contractor shall cause to be incorporated in all subcontractors the language set forth in this paragraph prohibiting conflict of interest. The ENGINEER 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. The ENGINEER further represents that no person having any int,~rest shall be employed for said performance. The ENGINEER 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 ENGINEER'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 ENGINEER 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 ENGINEER. The County agrees to notify the ENGINEER of its opinion by certified mail -12- \..f ....,J 4 within thirty (30) days of receipt of notification by the ENGINEER. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the ENGINEER, the County shall so state in the notification and the ENGINEER 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 ENGINEER under the terms of this Agreement 27. FEDERAL AND STATE STATUTORY REOUIREMENTS- (A) When applicable, ENGINEER and the COUNTY shall comply with the provisions contained in Attachment A and incorporated herein. (B) Environmental Compliance. ENGINEER will comply with all applicable standards, orders, or requirements issued under Section 306 of the Clear Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15). (C) Energy Efficiency. The ENGINEER shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) . (D) Monitoring and Evaluation. The ENGINEER shall coop~rate with all monitoring, e~aluation and technical assistance as required by the DCA. 28. PROJECT MANAGER The Project Manager for the COUNTY is Beth Ryder at (407) 462- 1772. The Project Manager for ENGINEER is Marty Sanders at (407) 461-2450. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be -13- - - '-' \"J t. responsible for overall coordination and oversight relating to the performance of this Agreement. IN WITNESS WHEREOF I the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: LINDAHL BROWNING FERRARI & HELLSTROM, INC BY: PRESIDENT SECRETARY C:\JWL\LBFH-CDBG-ENG.99 -14- - - '-' """ " WORLD OF PLASTICS - CDBG - WATER DESIGN CDBG CONTRACT NO. 99DB-4Z-10-66-01-E81 EXHffiIT A Scope of Services Proiect Descriotion This project is described as the design of water main to serve the Wodd of Plastics facility located in the Oleander Business Park, which is to receive funding through the Community Development Block Grant (CDBG) program. The World of Plastics Water Design project generally consists of the design of water main to provide potable water and fire protection to the World of Plastics. The proposed water mains are shown on the enclosed Figure of the proposed services. SECTION A - ENGINEERING SERVICES All work in this section is necessary to revise the plans and meet the bidding requirements of the CDBG grant. Additional work effort is being perfonned on the project for FPUA. Task A - Kickoff MeetingfUtility Coordination/Management 1. Attend kickoff meeting to confirm objectives. and provide continuing utility coordination services as needed throughout the project. 2. Investigate existing utilities within the corridor including, storm, telephone, cable, etc. 3. Analyze main( s) location in relation to roadways and other utility locations. Task B - 50% Plans 1. Prepare 50 percent complete drawings for COUNTY review, including: a. Overall plan drawing of utility improvements that serves as a key sheet for plan & profile sheets; b. Plan and profile sheets for all new water lines at 1" = 20' scale showing all proposed utilities, right-of-way lines, limits of pavement, driveways, existing stonnwater facilities, and other structures; c. Water detail sheet(s); 2. Prepare 50 percent complete written contract documents, including, contract fonns, and technical specifications. St. Lucie County Assignment Authorization World of Plastics CDBG January 6, J 999 98-0364 J of 9 - '-" '-' .. ~ 3. Review 50 percent plans, ClJiltract documents, and technical specifications with COUNTY to discuss revisions to be incorporated into 90 percent submittal. Task C - 90% Plans 1. Prepare 90 percent complete plans, contract documents and technical specifications for review by COUNTY; incorporating all COUNTY comments rrom review of 50 percent submittal. 2. Prepare cover sheet with location map and drawing sheet index. 3. Detail main designs with horizontal and vertical control, fittings, configuration, restraining length, valves, fire hydrants, and service locations, etc. 4. Work with the Fort Pierce Utility Authority as necessary to determine and detail the best procedures to facilitate new construction connections to existing Utilities. 5. Determine specific utility design quantities and engineering estimate of probable construction costs. 6. Review 90 percent plans, contract documents, and technical specifications with COUNTY to discuss revisions to be incorporated into final Bid Documents. Task D -'- Bid Documents 1. Prepare final Bid Documents including administrative rront end and technical specifications and details to complete and make design 100% completed, incorporating comments rrom review of 90 percent submittal. Task E - Bidding Services 1. Prepare for and attend pre-bid meeting. 2. Respond to Bidders questions and prepare addenda as necessary. 3. Review bids and prepare summary tabulation. 4. Prepare letter for recommendation of award. St. Lucie County Assignment Authorization World of Plastics CDBG January 6. 1999 98-0364 20f 9 - - " "-' .-..../ . Task F - Periodic Inspection Unless notified by the COUNTY in writing that the COUNTY will provide for resident inspection, the ENGINEER win provide periodic construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the contractor of contractor's obligation to perfonn the work in conformity with the drawings and specifications and in a workmanlike manner. Task G - Direct Expenses 1. Any direct, non-salary expense, including, but not limited to, photocopies, blueprints, out- of-office reproduction or photographic services, long distance telephone calls, special mailing or delivery services, contract services authorized by the COUNTY, permit and processing fees, legal advertisements and notices, title search services, special materials, . and survey markers. St. Lucie County Assignment Authorization World o/Plastics CDBG January 6, 1999 98-0364 30/9 - - . \.;' "'-' \ SECTION B _ ADDmONAL ENGINEERING SERVICES (Type D Expenses) 1) Survey: a) Complete survey of all proposed utility corridors, including right-of-way lines, lot lines, detailed topography where utilities will be located, locations of existing utilities as marked by COUNTY, limits of pavement, driveways, existing stormwater facilities, and existing structures. This task includes clearing and mowing the canal right-of-way west of the Treesweet spur track to provide access for survey crew as required. b) Prepare base plan drawing and base plan & profile sheets at 1" = 20' scale to be used for utility design. c) Route to be surveyed includes: · Oleander Avenue: Right-of-way to right-of-way, south to DiGiorgio Road and north to Edwards Road (2,600 LF ±). · Enterprise Road: West Guardrail to right-of-way east, north to World of Plastics north property line, south to Bell Avenue (3,350 LF ±). · DiGiorgio Road: Right-of-way to right-of-way, west to Treesweet Spur Track, east to Oleander Avenue (1,900 LF ±). · Sunrise Blvd.: West right-of-way only trom canal on DiGiorgio Extension (800 LF ±). · Canal west of DiGiorgio Extension to Sunrise Blvd. (1,650 LF ±). 2) Geotechnical Studies: ENGINEER will conduct up to three soil borings necessary to conduct required soil testing in order to collect required data to determine soil composition, compaction requirements, and soil permeability for project dewatering permits. 3) Permitting: In order to construct and put into operation the potable water main the necessary permits must be obtained from the Florida Department of Environmental Protection,. Florida East Coast Railway Company, St. Lucie County, and all other appropriate agencies having jurisdiction over the project. a) Prepare and submit a St. Lucie County Utility Permit application for all utilities to be constructed in County right-of-way. b) Prepare and submit Florida Department of Environmental Protection (FDEP)- General Permit Application for extension of water distribution system. c) Prepare and submit applications for Florida East Coast Railway Utility Crossing Permits for four utility crossings (Oleander Blvd south of Edwards Road, DiGiorgio Road at two railroad spurs, and Sunrise Blvd south of Edwards Road). St. Lucie County Assignment Authorization World of Plastics CDBG January 6, 1999 98-0364 40f 9 · \ '-' ....., d) Respond to a maximum of two "Requests for Information (RFI)". from each of the regulatory agencies identified above. The ENGINEER will attend two public hearings to provide technical backup on the project. SPECIAL PROVISIONS 1. COUNTY to provide the ENGINEER with any right-of-way maps for the area prior to beginning the surveying. 2. The ENGINEER hereby notifies the COUNTY, and the COUNTY hereby agrees, in accordance with F.A.C. Chapter 61G15-19(6)(f) that the ENGINEER is under contract with. the North S1. Lucie River Water Control District (NSLRWCD) as District Engineer. The work to be performed by ENGINEER on this project for COUNTY may be interrelated to work ENGINEER also performs for the NSLRWCD, but ENGINEER believes this work effort will be beneficial to both COUNTY and NSLRWCD. However, it is possible that the COUNTY and NSLRWCD may have different objectives that could result in a conflict between COUNTY and NSLRWCD. Nevertheless, the employment of the ENGINEER by both parties will in no manner influence ENGINEER's judgement, or the quality of services provided. 3. This proposal does not include a wetland boundary survey, tree survey, title searches, permitting or mitigation plans. 4. TRUTH-IN-NEGOTIATION: By execution of this engineering contract, ENGINEER certifies that the wage rates and other factual unit cost supporting the compensation in said contract are accurate, complete and current at the time of contracting. 5. REMEDIES: This Contract shall be governed by the laws of the State of Florida. No remedy herein confirmed upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy herèunder shall preclude any other further exercise thereof. 6. ACCESS TO RECORDS: The local government, the Florida Department of Community Affairs, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the ENGINEER and OWNER which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcripts. St. Lucie County Assignment Authorization World a/Plastics CDBG January 6, 1999 98-0364 50/9 · \ '-" '-tI 7. RETENTION OF RECORDS: The ENGINEER shall retain all records relating to this contract for three (3) years after the loe?!. government makes final payment and all other pending matters are closed. 8. ENERGY EFFICIENCY: The ENGINEER shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 9. ADJUSTMENT OF CONTRACT PRICE: If a Truth-in-Negotiation Certificate was required for this contract, the firm agrees that the original contract price and additions thereto shall be adjusted to exclude any significant sums by which it is determined the contract price was increased due to inaccurate, adjustments shall be made within one year following the end of the contract. 10. PERSONAL NATURE OF AGREEMENT: ENGINEER hereby warrants that it has the necessary technical expertise and training to perform its duties as outlined in this Agreement. The parties acknowledge that the COUNTY places great reliance and emphasis upon the knowledge, expertise and personal abilities of the ENGINEER. Accordingly, this Agreement is personal and the ENGINEER shall not assign or delegate any rights or duties hereunder without the specific written consent of the COUNTY. This Agreement shall be binding upon the successors and assigns of the parties hereto. 11. PUBLIC RECORDS: All monthly operating reports and records required to be prepared or maintained by the ENGINEER in accordance with the Scope of Services shall be deemed to be public records. The ENGINEER shall allow public access to such documents and materials in ENGINEER assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief unilaterally cancel this Agreement for refusal by the ENGINEER to allow public access to all such documents, subject to the provisions of Chapter 119, Florida Statutes and made or received by the ENGINEER in conjunction with this Agreement. / 12. DISCRIMINATION: The ENGINEER shall assure that no person shall be excluded, on the grounds of race, color, creed, national origin, handicap, age or sex. From participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this Agreement. The ENGINEER shall take all measures necessary to effectuate these assurances. St. Lucie County Assignment Authorization World of Plastics CDBG January 6, 1999 98-0364 60f 9 · L t '-' .....,¡ Exhibit B-Fee Estimate St. Lucie County-World of Plastics CDBG Water Design COUNTY agrees to pay ENGINEER as compensation for services as described below, subject to the tenns and evaluations of the COUNTY'S CDBG grant. "Lump Sum" (L.S.) fees are fixed amounts to be paid, in full, for the services or activity indicated. Partial payments will be made on a monthly basis in proportion to the percentage of work completed, and the balance of payment made upon completion of the work. SECTION A - COMPENSATION FOR ENGINEERING SERVICES Task A Task B Task C Task D Task E Task G Kickoff MeetinglUtility CoordinationlManagement 50% Plans 90% Plans Bid Documents Bidding Services Direct Expense 1,000.00 L.S. 4,000.00 L.S. 6,000.00 L.S.· 1,000.00 L.S. 500.00 L.S. 500.00 T&E All work for Section A Task A, B, C, D, E, and G $13,000.00 SECTION A TASK F - COMPENSATION FOR PERIODIC INSPECTION Payment for the services specified in this section shall be agreed in writing between the COUNTY and approved by the State prior to the commencement of the work. Barring unforeseen circumstances, such payment is not to exceed $ 1 L 771.00 . The ENGINEER will render to the COUNTY for such services an itemized bill, separate £fom any other billing for compensation for services perfonned here under during such period. COUNTY agrees to pay ENGINEER within 5 days of receipt of funds £fom the State. ' SECTION B - COMPENSATION FOR ADDITIONAL ENGINEERING SERVICES (Type D Expenses) Task 1 Task 2 Task 3 Survey Geotechnical Studies Permitting $27,700.00 L.S 3,200.00 L.S 13.018:00 L.S All work for Section B Task 1 - 3 $ 43,918.00 St. Lucie County Assignment Authorization World of Plastics CDBG January 6, 1999 98-0364 70f 9 4 \ '-' ....,. EXHIBIT B TIME AND EXPENSE RATES The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time and Expense basis. A. Personnel Hourly Billing Rates: Senior Corporate Officer ....w................................... ......... ............. ...... ...... ... $130.00 Department Manager........ ............................... ... ...... ...... ..................... .......... $115.00 Senior Project Manager ........................... ................. ................. .......... .... ...... $105.00 Project Manager... ...... ......... ............. ........... ..... ..... ..... .... ..................................$ 95.00 Engineering Specialist.. ...... ........................ .............. ..................... ........ ..........$ 95.00 Senior Engineer... ......... ..................... ....... ...... .............. ........ ................... ...... ..$ 80.00 Engineer.................... ............................. .......................................................... $ 70.00 CADD Technician II............. ..................... ......... ................ ............ .................$ 65.00 CADD Technician I....... ........... ................... ................ ..................... ....... ...... ..$ 55.00 Engineering Technician....... .................... .... ............. .......... .............................$ 55.00 Draftsperson .......... ..... .......... ........ ..... .... ....... ................. ....... .... ....... ... .............$ 45.00 Field Representative...... ....... ..... ........... .......... .......... ........ ... ............................$ 50.00 Supervising Registered Surveyor & Mapper ..................................................$ 70.00 Registered Surveyor & Mapper.......................................................................$ 60.00 Survey Crew. ............................................... ......... .... .......................................$ 95.00 Word Processor.......... .................................. .................. ................. ................$ 35.00 B. Outside contractual services secured by ENGINEER on CLIENT'S behalf, travel costs by commercial carrier, direct non-salary expenses including, but not limited to, meals, lodging, special mailing or delivery services, legal advertisements and notices, title search service and special survey materials shall be reimbursed at 110 percent of ENGINEER'S cost. C.c.::ontract printing and blueprinting shall be charged at 110 percent of ENGINEER'S cost. Intemally- produced blueprints shall be charged at $ 0.25 per square foot or fraction thereof, and photocopies shall be charged at $ 0.15 per sheet. - St. Lucie County Assignment Authorization World of Plastics CDBG January 6, 1999 98-0364 80f9 .. \ '-' ~ Exhibit C-Schedule St. Lucie County-World of Plastics CDBG Water Design The time periods for the performance of ENGINEER'S services are as follows: SECTION A - ENGINEERING SERVICES Task Task A Task B Task C TaskD TaskE Kickoff MeetinglUtility Coordination/Management 50% Plans 90% Plans Bid Documents Bidding Services Time Frame 30 days rrom NTP 90 days rrom NTP 120 days rrom NTP 120 days rrom NTP 270 days rrom NTP SECTION D - COMPENSATION FOR ADDITIONAL ENGINEERING SERVICES. Task Task 1 Survey Task 2 Geotechnical Studies Task 3 Re-design Notice to Proceed (NTP) Time Frame 60 days rrom NTP 100 days rrom NTP 150 days rrom NTP P:~364\ World of Plastics Rev. -CDBG-AFS-\-98.doc St. Lucie County Assignment Authorization World of Plastics CDBG January 6, 1999 98-0364 90f 9 -~ - " " '-' AGENDA REQUEST .-.,; ITEM NO. C- 3h DATE: 01/12/99 CONSENT X REGULAR PUBLIC HEARING [ ] Leg. [] Quasi -Jud. [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development SUBJECT: Request for final plat approval or th si e plan known as Roark's Grove SiD located on the southeast corner of the intersection of Kelly Road and Sneed Road. BACKGROllliD: Allen E. Beck has submitted a plat for a 6-lot single- family residential subdivision known as Roark's Grove SiD on a 38.108 acre parcel. (File No.: SP-98-038) FllliDS AVAILABLE: N/A PREVIOUS ACTION: On September 15, 1998, the St. Lucie County Community Development Director, through Community Development Order 98-019, granted approval to the minor site plan for Roark's Grove SiD. RECOMMENDATION: Approve the final plat of Roark's Grove SiD and authorize its final execution. ~:¡;IS::::O:::IQN; [ ] OTHER: DENIED I't~- M. Anderson Administrator Review and Approvals County Attorney' Management & Budget, Purchasing: Other, Other, Originating Department: Finance, (Check for Copy only, if applicable) - '\...I '-11 ~ "J~ COUNTY COMMISSION REVIEW: 01112/99 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Raymond L. Wazny, Community Development Director Date: January 6, 1999 Subject: Petition of Allen E. Beck for final plat approval for a 6-10t residential subdivision to be known as Roark's Grove Subdivision On September 15, 1998, the St. Lucie County Community Development Director granted approval of a minor site plan for a 6-10t residential subdivision to be known as Roark's Grove Subdivision proposed to be located at the southeast comer of the intersection of Kelly Road and Sneed Road. The associated final plat for this subdivision was received in the office of the Community Development Director on December 18,1998. In accordance with the provisions of Section 11.03.03(D) ofthe St. Lucie County Land Development Code, you are hereby requested to approve the plat for the subdivision to be known as Roark's Grove Subdivision. This plat was determined to meet all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes on January 4, 1999. Please contact this office if you have any questions on this matter. SUBMITTED' cc: Ron Harris, County Surveyor Dan McIntyre, County Attorney David Hays, Civil Engineer Allen E. Beck, P.E. File - '-' AGENDA REQUEST IT~ NO. ~e DATE: January 12,1998 CONSENT [ X] REGULAR [ ] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: C chase the Platt's SUBMITTED BY: Community Development SUBJECT: Platt's Creek Regional Off-Site Mitigation Area - Direct Staff to Proceed towards Securin Creek Regional Off-Site Mitigation Area and Stormwater Improvement site (Exhibit A). BACKGROUND' This request furthers Board of County Commissioners direction to staff to provide an off-site wetland mitigation area within St. Lucie County. Platt's Creek Mitigation Area is proposed for location on approximately 85 acres of a 102 acre site on Sunrise Boulevard, along the shores of the North Fork of the St. Lucie River. The balance of the property is to be used for a stormwater treatment facility for the Platt's Creek basin. The Platt's Creek Mitigation Area conceptual plan was presented to an intergovernmental team, known as the Mitigation Bank Review Team (MBRT) on December 9, 1998. Staff is currently revising the plan to address comments made during that meeting. Upon approval by the MBRT, and the establishment of a trust fund, funds can be accepted for the mitigation area. On September 23, 1998, the Platt's Creek Restoration (Mitigation Area) and Stormwater Improvement Project was presented to the 8t. Lucie River Issue Team (SLRIT) for potential funding. The SLRIT was established to focus on water quality issues related to the St. Lucie River and to select local projects that will improve the river's water quality. The Platt's Creek Project ranked high on the list for funding. Funding for the projects is to be allocated in July, 1999. Funding for the purchase of the Platt's Creek lands is expected to be derived from funds allocated to the Issue Team. FUNDS AVAILABLE: Funds will be made available in the Account #382-3915-561000-3112. PREVIOUS ACTION: On July 14, 1998, the Board of County Commissioners approved the Conceptual Mitigation Plan and authorized the expenditure of $2,000,000 from the ESL fund for the project. On August 11, 1998, the Board of County Commissioners directed staff to seek an alternative funding source. On September 22, 1998, the BOCC approved a Work Authorization for Hazen and Sawyer to prepare and present plans for the Platt's Creek Restoration and Stormwater Improvement Project to the St. Lucie River Issue Team. RECOMMENDATION: Dire staff to proceed towards securing an option to purchase the Platt's Creek Regional Off ite Mitigation Area site. [ APPROVED [] DENIED [ ] OTHER: -County Attorney: ~ Originating Deparouent: Finance: (Check for Copy only, if applicable) Doug s . Anderson County ôministrator Review a~ "-Management & Budget· , Other: purcha~ù Other: . - - ~ ~ AGENDA REQUEST IT~ NO. Q.., ~D DATE: January 12, 1999 CONSENT [ X] REGULAR [ ] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development ment Director SUBJECT: Authorize submission of a Florida Greenways and Trails Seed Grant Applicati BACKGROUND: The Department of Environmental Protection, Office of Greenways and Trails program will award grants up to $5,000 to stimulate or support local greenway and trails initiatives. The North Fork of the St. Lucie River is recognized as a significant riverine corridor with approximately 1,500 acres along the corridor in public ownership and another 600 acres targeted for purchase for the purpose of conservation and recreation by state, regional and local agencies. This ecological and recreational greenway provides an excellent opportunity to promote greenways and trails and local eco-tourism. The proposed project provides for the design and installation of interpretive signage at White City Park, the North Port Marina and the Environmental Learning Center. The application will propose that brochures will be designed and produced to disseminate information on the location of recreational access points and activities available along the North Fork of the St. Lucie River. To promote eco-tourism these brochures will be distributed at various locations throughout the county and will be available for mailings. County match will be provided from the Economic Development Advertising Fund and Leisure Service staff in-kind services. FUNDS AVAILABLE: Matching funds in the amount of $2,500 are available from Account #001-1515-549000-100. The remaining $2,500 will be provided by staff in-kind services. PREVIOUS ACTION' None RECOMMENDATION: Authorize the submission of the Greenways and Trails Grant application to the Department of Environmental Pro ection, Office of Greenways and Trails. APPROVED [] DENIED [ ] OTHER: County Attorney: y Review and Appr~<;I Management & Budget~ , Other: 1 Purcbasing: Otber~ Originating Department: Finance: (Cbeck for Copy only, ¡fapplicable) - '-" ~ ê~à COUNTY COMMISSION REVIEW: January 12, 1999 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Board of County Commissioners Community Development Director January 6, 1999 Authorize submission of an Florida Greenways and Trail Seed Grant Application Recreation areas along the North Fork provide an excellent location to enhance public awareness and appreciation of the North Fork greenway and its natural, cultural and recreational features and at the same time further economic efforts to promote the eco- tourism opportunities that are available in St. Lucie County. TO: FROM: DATE: SUBJECT: The proposed grant application will propose that interpretive signage and brochures be placed at the North Port Marina, the Environmental Learning Center and White City Park. The signs would describe the benefit of greenways and preserving the North Fork corridor as well as provide descriptive information about the natural communities and wildlife species that inhabit the corridor. Brochures would provide information on public access points and recreational opportunities along the North Fork Corridor. The proposed project can enhance current efforts to renovate White City Park, to provide environmental education at the Environmental Learning Center, and to disseminate information regarding the county's eco-tourism opportunities. The brochures will be distribution of brochures throughout the County to further economic development efforts. Funding in the amount of $2,500 will be provided from the Economic Development Department. Leisure Service and Economic Development staff in-kind services will provide the remaining ($2,500) match. Staff recommends the Board authorize staff to submit the Florida Greenways and Trail Seed Grant Application. -- - ........ '-' AGENDA REQUEST ....,; ITEM NO. C4 k DATE: January 12, 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: Airoso Boulevard. Widening Project Conveyance of Retention Pond Sites to City of Port S1. Lucie Tax ID# 3420-620-2081-000/8 - PSL SEC.25, BL338, L20 Tax ID# 3420-625-0035-000/2 - PSL SEC.26, BL339, L35 Tax ID# 3420-625-0036-000/9 - PSL SEC.26, BL339, L36 BACKGROUND: Please see attached background memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: In May and June of 1991, these parcels were brought before the Board of County Commissioners for acquisition approval as retention pond sites for the expansion and widening of Airoso Boulevard near S1. James Drive. RECOMMENDA TION: Staff recommends that the Board approve the conveyance ofthe above referenced pond sites to the City of Port 81. Lucie, authorize the Chairman to sign the Statutory Warranty Deed, direct staff to record the Deed in the Public Records of S1. Lucie County and deliver the recorded Deed to the City of Port S1. Lucie. COMMISSION ACTION: [j APPROVED [ ] DENIED [ ] OTHER: Do gla . Anderson Count Administrator Jt [X] County Attorney: []Management & Budget: [X]Originating DePt:~ [X]Other:pwn/F.ng~~~ Finance: (check for copy only, ifapplicable) Review and ~provals []Purchasing:_____ []Other: Effective 5/96 --.. ----., .- f' '-" .."",,; C4~ PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: January 12, 1999 SUBJECT: Airoso Boulevard Road Widening Project Transfer of Retention Pond Sites Tax ID# 3420-620-2082-000/8 - PSL SEC.25, BL338,L20 Tax ID# 3420-625-0035-000/2 - PSL SEC.26, BL339,L35 Tax ID# 3420-625-0036-000/9 - PSL SEC.26, BL339,L36 BACKGROUND INFORMATION: An Interlocal Agreement for Maintenance of Airoso Boulevard dated December 23, 1997 was entered between the City of Port St. Lucie ("City") and St. Lucie County ("County"). This agreement called for the conveyance of all right-of-way for Airoso Boulevard to the City and the City agreed to maintain the right-of-way, traffic control regulations, curb cuts and stormwater discharge. The City also requested that the County convey the retention ponds along Airoso Boulevard to them for maintenance purposes. The County Engineer recommends that we convey ownership and all subsequent maintenance responsibilities for the retention ponds to the City. Attached please find a copy of the Statutory Warranty Deed conveying the three (3) retention ponds to the City, a map showing the location and a copy of the Interlocal Agreement. RECOMMENDATION: Staff recommends that the Board approve the conveyance of the three (3) above r '-' ...", BOCC January 12,1999 Page Two mentioned retention pond sites, authorize the Chairman to execute the Statutory Warranty Deed, direct staff to record the Deed in the Public Records of St. Lucie County and deliver the recorded Deed to the City of Port St. Lucie. Respectfully submitted, ~1cJ,Á~~ Donald G. Cole cc: Daniel Mcintyre, County Attorney Donald West, Interim Public Works Director/County Engineer p '-' ~ This instrument prepared by Yvonne McCall under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982 PARCEL ill NO: 3420-620-2081-000/8 3420-625-0035-000/2 3420-625-0036-000/9 STATUTORY WARRANTY DEED THIS WARRANTY DEED made and entered this day of , 19_ by ST. LUCIE COIJNTY , a political subdivision of the State of Florida, whose post office address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called the Grantor, to the CITY OF PORT ST. LUCIE, a Florida municipal corporation, whose post office address is 121 S.E. Port St. Lucie Blvd., Port St. Lucie, FL 34952, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include aU the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey and confIrm unto the Grantee all that certain land situate in St. Lucie County, Florida, as more fully described as: Lot 20, Block 338, Port St. Lucie Section Twenty Five, according to the Plat thereof, recorded in Plat Book 13, Pages 32 and 32A through 321 of the Public Records of St. Lucie County, Florida. AND Lots 35 and 36, Block 339, Port St. Lucie Section Twenty Six, according to the Plat thereof, recorded in Plat Book 14, Pages 4 and 4A through 4C of the Public Records of St. Lucie County, Florida. Provided; however, that the herein described property shall be used for the sole purpose of a retention pond for road drainage purposes. This deed is executed subject to taxes and special assessments assessed for the year 1999 and all subsequent years and to conditions, easements, limitations and restrictions of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, THE SAME IN FEE SIMPLE FOREVER. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land. ¡:> '-' ..., IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this day of , 19_. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Witness By: Name: Its: Witness Attest: (Clerk or Deputy Clerk) (OFFICIAL SEAL) Approved as to Form and Legality: By: County Attorney Date~ ,. uUH[fI~ nU.1lßdf¡' laerl< ot the Circ/ltt Court - St. Lucie County . File Number:~606454 OR BV 1122 PAGE 0500 '-'Recorded: 01-22-98 11:19 A.M. INTERLOCAL AGREEMENT MAINTENANCE OF AmOSO BOULEVARD THIS AGREEMENT dated this ~ day of ~~ 1997, by and between CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as the "City" and ST. LUCIE COUNTY, a political subdivision of the State of Flórida, hereinafter referreè :.::. as the:= ., County". WHEREAS, the parties have agreed that it is in their mutual best interest to transfer ownership and maintenance responsibilities for Airoso Boulevard from Port St Lucie Boulevard to St James Drive (hereinafter referred to as the "Road") from the County to the City; and, WHEREAS, the parties have further agreed that as a condition of the transfer, the County will pay to the City for the cost of bringing the Road up to City standards. NOW, THEREFORE, IT IS AGREED as follows: 1. General. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act 2. Payment to the City. The County agrees to pay to the City the sum of two ~ hundred thousand and 0/100 dollars ($200,000.00) for the cost of bringing the Road up to City standards. Payment shall be made within 90 days of the execution of this Agreement by both -. parties. For purposés of calculating the distribution fonnula of local option gas tax proceeds ~ pursuant to Section 336.025, Florida Statutes and the 1993 Interlocal Agreement between the City, the County, the City of Fort Pierce and St. Lucie Village, the City agrees that only the County shall be entitled to include the two hundred thousand and 0/100 ($200,000.00) dollars paid to the City as a transportation expenditure. g:lagreemen/lin/erloclpsl-airo \ 1 v OR BOOK 1122 PAGE 05'-1- 3. Conveyance of Rit!hts-of-Wav. The County agrees to convey the right-of-way described in Exhibit" A" to the City by statutory deed. The County reserves the right to request the City to reconvey the right-of-way lying within the unincorporated area of the County on ninety (90) days prior written notice. In the event of reconveyance, the County shall assume maintenance responsibilities for the right-of-way that is conveyed. 4. Maintenanc.:. .:~ROâd «·Traffic Control Ret!ulations~ Curb Cuts~ Stormwater Dischart!e. Th~ City agrees to assume maintenance responsibility including striping, signing and marking for Airoso Boulevard from Port St. Lucie Boulevard to St. James Drive, including asphalt, drainage pipes. and traffic signals, excluding the traffic signal afPrima Vista Boulevard and Airoso Boulevard The City shall have the authority to establish all traffic control regulations (i.e., speed limits and stop signs. etc.) and regulate curb cuts on this segment of Airoso Boulevard. The City shall have the right to discharge stormwater from Airoso Boulevard into the County's stormwater system, in accordance with applicable permits. The City agrees to maintain Airoso Boulevard to at least the same maintenance standard as other paved roads maintained by the City. 5. Amendment. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 6. Noticeš. All notices requests. consents. and other communications required or permitted to be given under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier services, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: g: lagreementlinterloclpsl-airo , 2 .. ..- ~ OR BOOK 1122 PAGE 05~ As to the COUNTY: With a copy to: S1. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 S1. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to the CTIY: With a copy to: Port S1. Lucie City Manager Port S1. Lucie City Hall 121 Southwest Port S1. Lucie Boulevard Port S1. Lucie. Florida 34984 Port S1. Ll1t"1p, City Attorney Port ~t. Lucie City Hall 121 Southwest Pcrt St. Lucie Boulevard Port St. Lucie, Florida 34984 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confinned answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is' refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 7. Effectiveness. This Agreement shall be recorded in the Public Records of S1. Lucie County. prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. '. BOARD OF COUNTY COMMISSIONE~,- ST. LUCIE COUNTY . -~...... ~ U L ,.. .. :':~),,- 9- d--·· (;./:0-. 'Ì'!' 1l.A..<...- " ~ :.~:.:.(~::~. BY:; :'-:0 :.~ . . D puty Cler .~<. ..~:~.._.~O:~ \::;:.~ Chairman .~.. ~\:!t~<t/:l Date: I?-þ)~ ~:~:<:':.' .. .. . i '.~J~~~/ g:\agreem~n/ljn/erloc\psl-ajro 3 .~ . ";t ... . :' ~ ,-,OR BOOK 1122 PAGE 05~ '" APPROVED AS TO FORM AND B:~RRE¡ZW Æ4 A CITY OF PORt ST. LtTC!E, FL01UDA ArrEST: 11 ~rtL.¡..r/J:~...:J N~~ C!~Clerk ~ BY· . Mayor . - . -. .¡;. . .,. . . .... . .:" .... / .! APPROVED AS TO FORM AND CORRECTNESS ~ BY: 4 ) /- ~/ >ÍrF _ _- <~ (.¿'/Z.,,-_ ;qty ~ttorn,ey 'f/f.¡!)i Date: -. g: lagreemenJlinJerloclpsl-airo 4 - ". "'-" OR BOOK J...122 PAGE 05~ EXHIBIT tT·A II DESCRIPTION: AIROSO BOULEVARD TRANSFER ALL THAT PART OF COUNTY ROAD RIGHT OF WAY DESIGNATED AS AIROSO BOULEVARD LYING IN SECTIONS 20,21, 28, AND 33, T-36-S,.R~40-Ei AND SECTIONS 4 AND 9, T-37-S, R-40-E¡ SAID COUNTY ROAD RIGHT OF WAY LYING EAST OF THE WE.ST RIGHT OF WAY r,INE OF ST. JAMES DRIVE AND NORTH OF THE NORTH RIGHT OF. WAY LINE OF PORT ST. LUCIE BOULEVARD. LESS AND EXCEPT THAT PART OF THE CITY ROAD RIGHT OF WAY FOR AIROSO BOULEVARD ¡ AND LESS AND EXCEPT PRIMA VISTA BOULEVARD. H:\AIROSO ...-- AGENDA REQUEST '-' ITEM NO. L'16 \..t DATE: January 12, 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: Environmentally Significant Land Program lndrio North Savannas Project FCT#95-052-P56 Parcel 8 1 - Dean Parcel 148 - Lincoln & Dimatteo BACKGROUND: Please see attached background memorandum. FUNDS AVAILABLE: Funds will 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 ofIndrio North Savannas Project. March 26, 1996 - Received Board of County Commission approval of the Conceptual Approval Agreement with Florida Communities Trust to purchase the lndrio North Savannas Project. RECOMMENDA TION: Staff recommends that the Board approve the option agreement for Parcels 81 and 148 highlighted in purple on the attached map, authorize the Chair to execute the agreements and direct staff to close the transactions and record the document in the Public Records of St. Lucie County, Florida. J::::~:: A~:I::ED [ ] OTHER: D u s M. Anderson Cou ty Administrator Review and ~provals [XJOO='y"'o=ey, ~/ [xJM=agemen' & BUdge"L [X]Originating Dept: 1='~ [Xl Leisure Svs . ~~. J~ [X] Finance: (check for copy only, if apPlicabl~ì ~~J ~) G:\acq\WP\YVONNE\ENVLANDS\NINDRIO\agendas\January 12.agenda.wpd [] Purchasing:____ [X]COmm.DeveloP:~/ Effective 5/96 .---., ... '-" '..,,; êt\b TO: FROM: DATE: SUBJECT: PROPERTY ACQUISITION DIVISION MEMORANDUM Board of County Commissioners Donald G. Cole, Property Acquisition Manager January 6, 1999 Environmentally Significant Land Program lndrio North Savannas FCT Project #95-052-P56 Parcel 81 - Dean, Charles & Cheryl Parcel 148 - Lincoln, Norman & DiMatteo, Helen ---------------------------------------------------------------------- BACKGROUND: On March 26, 1996, the Board of County Commissioners approved the Conceptual Approval agreement with Florida Communities Trust (PCT) for the purchase of 228 properties witliin the lndrio North Savanna Project. The Board authorized tile 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 is highlighted in purple. The option offer was negotiated at 80% of the maximum approved purchase price, as follows: Parcel # Parcel 81 Parcel 148 Owner's Name Maximum Approved Value Negotiated Purchase Price Charles Dean & Cheryl Meekins Lincoln & DiMatteo $9,000.00 $9,000.00 $7,200.00 $7,200.00 Negotiated savings = $3,600.00 The option 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 81 & 148 highlighted in purple on the attached map, authonze the ChaIr to execute the ag¡:eements and direct staff to close the transactions and record the document in the Public Records of St. Lucie County, Florida. spectfully submitted: /f& na . 0 e Property Acquisition Manager G:\acq\ WP\ YVONNE\ENVLANDS\NINDRIO\agendas\January 12.bcc. wpd Indrio Fcr North Savannas #95-Q52-P56 Legend Project Boundary Closed Transaction - County Owned Approved by BOCC Executed Option Agreement Verbal Acceptance Stili Negotiating / No Response c::. 'cp ~ \ ~ Comm4nit)'i "","i~nt t Geographic Information Systems f Map PrøParacl Jl1nut\\l'y 5, 199!3 N ...... map hoo.... .....1<>d1or~pIo¡\I1I1Q 01\<1 ~ ""_...... Whi. """" _hoo .... ..... I.~ ... ..............101\<1 _ l_poooI>Io.."''''*_Ior.....''''..o/'''náIn¡¡~ .w1}. f ~ '-' AGENDA REOUEST IT~NO.~ DATE: January 12, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney James W. Lancaster Assistant County Attorney SUB1ECT: First Amendment to Motorola 800 MHZ Agreement and Interlocal Agreements with F1. Pierce, Port St. Lucie, St. Lucie County School Board and 51. Lucie County Fire District BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that (1) the Board of County Commissioners approve the First Amendment to the Agreement for an 800 MHZ Tl11nked Radio System between St. Lucie County, Florida and Motorola Inc. and authorize the Chairman to sign the Agreement; (2) approve the interlocal agreements with the School Board and the Fire District and authorize the Chairman to sign the agreements; and (3) approve the interlocal agreements with Port St. Lucie and F1. Pierce and authorize the Chairman to sign the agreements subject to approval by the respective city councils and final approval by the County Attorney's office. APPROVED [ ] DENIED OTHER: E: ~ County Attorney: Ql MAn~gement & Batlget 11.UiI'" ('it 11.1..'1._ . Other~ Purchasing: Other: Originating Dept. Finance: (Check for Copy only, if applicable) Eff. 5/96 - '-' '-' CAe : INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: James W. Lancaster, Assistant County Attorney C.A. NO: 99-19 DATE: January 7, 1999 SUBJECT: First Amendment to Motorola 800 MHZ Agreement and Interlocal Agreements with Ft. Pierce, Port St. Lucie, St. Lucie County School Board and St. Lucie County Fire District BACKGROUND: First Amendment to Motorola 800 MHZ A~reement On September 22, 1998, the County entered into an Agreement with Motorola, Inc. whereby Motorola agreed to construct and install a complete 800 MHZ TrunkedRadio System for use by the County, the St. Lucie County Sheriff's Department, Port St. Lucie, Fort Pierce, the St Lucie County School District, and the St. Lucie County Fire District (collectively, the "County Agencies "). Under the terms of the Agreement, the County intends to purchase subscriber radios (the" Agency Radios ") for use by the County Agencies and then transfer ownership of the Agency Radios to the County Agencies. Pursuant to interlocal agreements discussed below, the County Agencies will pay the County back for the cost of the Agency Radios. The payments will either be by lump sum or by paying their pro rata share of the debt service on bonds issued by the County to pay for the Radio System. Because the ownership of the Agency Radios will be transferred to the County Agencies, it is necessary to amend the Agreement to provide that the County Agencies will have all of the rights and remedies under the Motorola warranties for the Agency Radios and under any subsequent maintenance contract. Attached to this memorandum is a copy of the proposed First Amendment which makes the necessary changes to the Motorola Agreement. Interlocal A~reements Attached to this memorandum are copies of interlocal agreements with Ft. Pierce, Port St Lucie, St. Lucie County School Board and St. Lucie County Fire District. Under the terms of these agreements, the County agrees to purchase radios and related equipment for use by these agencies and the agencies agree to pay the County back for that cost. As noted above, the payment may be either by a lump sum or a pro rata share of the debt service on bonds issued by the County -1- '-" \wi to pay for the Radio System. The agreements have been approved by the School Board and the Fire District. Port St. Lucie is expected to consider the agreement on January 11, 1999 and Ft. Pierce is expected to consider the agreement within 30-45 days. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board: (1) approve the First Amendment to tœ Agreement for an 800 MHz Trunked Radio System between St. Lucie County, Florida and Motorola Inc. and authorize the Chairman to sign the agreement; (2) approve the 800 MHz Interlocal Agreements with the School Board and the Fire District and authorize the Chairman to sign the agreements; and (3) approve the 800 MHz Interlocal Agreements with Port St. Lucie and Ft. Pierce and authorize the Chairman to sign the agreements subject to approval by the respective city councils and fInal approval by the County Attorney's office. Respectfully submitted ~) J a es W. Lancaster ssistant County Attorney JWLI Attachment Copies To: Staff Concurring Clerk Secretary Press Public -2- '-" '-' FIRST AMENDMENT AGREEMENT FOR AN 800 MHZ TRUNIŒD RADIO SYSTEM BETWEEN ST. LUCIE COUNTY, FLORIDA AND MOTOROLA INC. THIS FIRST .AMENDMENT, effective as of 1998, is made and entered into this day of 1998, by between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "COUNTY"), and MOTOROLA, INC, by and through its Commercial, Governmental, Industrial Solutions Sector, a Delaware Corporation or his, its or their successors, executors, administrators, and assigns (the "CONTRACTOR") . - WITNESSETH - WHEREAS, on September 22, 1998, the COUNTY and the CONTRACTOR entered into an Agreement For An 800 MHZ Trunked Radio System (the "Agreement") whereby the CONTRACTOR agreed to construct and install a complete 800 MHZ Trunked Radio System as described in the Agreement for use by the County, the St. Lucie County Sheriff's Department, Port St. Lucie, Fort Pierce, the St. Lucie County School District, and the St. Lucie County Fire District (collectively, the "County Agencies"); and WHEREAS, under the terms of the Agreement the COUNTY intends to purchase subscriber radios (the "Agency Radios") for use by the County Agencies and the COUNTY intends to transfer ownership of the Agency Radios to the County Agencies pursuant to the terms and conditions of interlocal agreements between the COUNTY and the County Agencies; and WHEREAS, it is necessary to amend the Agreement to provide that the County Agencies will have all of the rights and remedies under the CONTRACTOR's warranties for the Agency Radios during the warranty period and under any maintenance contract which the COUNTY may enter into with the CONTRACTOR for the maintenance of the Agency Radios after the warranty period. NOW, THEREFORE, for and in consideration of the payments, agreements, covenants and mutual undertakings hereinafter set forth, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the COUNTY and CONTRACTOR do jointly and severally agree to amend the Agreement as follows: 1. ARTICLE 15: MAINTENANCE of the Agreement is hereby amended to read as follows: '-'" """ ARTICLE 15: MAINTENANCE A. The CONTRACTOR shall offer equipment and software maintenance to the COUNTY after the Warranty Period for as long as such service is provided to its customer base by the CONTRACTOR. CONTRACTOR shall guarantee that the maintenance costs to the COUNTY shall not exceed the cost set forth in the then current Motorola Maintenance Domestic User Price Schedule applicable to the State of Florida. Replacement parts for Motorola manufactured subscriber equipment will be available for up to three years from the last date of manufacture of the product and for five years on Motorola manufactured fixed infrastructure equipment. Motorola will use commercially reasonable efforts to identify and to obtain replacement parts for the user's specific requirements. Motorola reserves the right to supply either assemblies or piece parts. B. After the Warranty Period, maintenance for all components of the Radio System including all subscriber radio and accessory equipment may be purchased by the COUNTY as described in Article 10. Any other entity using the Radio System shall be provided maintenance through the contract between the CONTRACTOR and the COUNTY provided, however, that each County Agency shall be considered a third party beneficiary of any maintenance contract which the COUNTY may enter into with the CONTRACTOR to the extent such contract relates to their respective Agency Radios. As a third party beneficiary, each County Agency will be entitled to independently enforce all of the COUNTY's rights and remedies with respect to their respective Agency Radios including but not limited to the right to deal directly with the CONTRACTOR on Agency Radio maintenance issues. The intent of the foregoing provision is to provide consistent and adequate maintenance for the Radio System as a whole. C. CONTRACTOR's support obligations shall include the following: (1) failure of any substantially guarantees as provide remote Correct, at no additional charge, any component of the Radio System to perform in accordance with the performance specified in this Agreement, and to telephone warranty support. allowance (2 ) of Provide the COUNTY four (4) hours of with remote a monthly telephone ~ ....."J (3) modified by COUNTY or by any party other than CONTRACTOR without prior written consent of CONTRACTOR. E. All equipment furnished for this Project by the CONTRACTOR is covered by this warranty whether manufactured by the CONTRACTOR or a third party. F. The CONTRACTOR shall replace failed units of equipment and not only failed parts when the Radio System is subjected to systemic equipment failures, i.e., more than three occurrences of the same failure. G. The CONTRACTOR warrants that during the Warranty Period all radio units (and all other miscellaneous subscriber equipment) shall be free from defects that cause them to fail to conform in a material fashion to the CONTRACTOR's published specifications. H. The CONTRACTOR warrants that the software included as part of the Radio System (including all releases and upgrades provided during the Warranty Period) will perform as intended and will not be adversely affected by any date related functions include but not limited to those described below in the Motorola Year 2000 Warranty, or operations thereof occurring during the applicable Warranty Period and during the term of any subsequent standard Radio System maintenance contract between the CONTRACTOR and the COUNTY. I. Motorola Year 2000 Warranty. The CONTRACTOR warrants that each hardware, software, and firmware product delivered under this Agreement and listed as "Year 2000 Compliant" shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the year 1999 and the year 2000, including leap year calculations, when used in accordance with the product documentation provided by the CONTRACTOR, provided that all listed or unlisted products (e.g., hardware, software, firmware) used in combination with such listed product properly exchange date data with it. This warranty shall extend through June 1, 2000. The COUNTY must notify the CONTRACTOR, in writing, no later than July 1, 2000 of Product that does not conform to this Express Warranty. The remedies available for breach of this warranty shall be '-' 'wi however, that portable and mobile radio units shall not be shipped until the date of such shipment is approved in writing by the County Project Manager; (2) For software, infrastructure and all other components of the Radio System, the Warranty Period shall commence upon final acceptance of the Radio System and extend for a period of twelve (12) months. B. During the Warranty Period, the CONTRACTOR warrants that the 800 MHZ Trunked Radio System shall be free from defects that cause the Radio System to fail to conform in any material fashion to the Specifications and performance guarantees set forth in this Agreement. The CONTRACTOR shall provide the COUNTY the most recent software available which provides the proposed features and functions and shall provide the most current updates of the software with those same features and functions within thirty (30) days of their availability. With the exception of software corrections, updates do not include labor or installation services. During the applicable Warranty Period, new software releases shall also be provided at no cost to the COUNTY, however, labor to install such new releases is not included. C. In the event of a defect during the Warranty Period stated above, the CONTRACTOR at its option in accordance with the CONTRACTOR I S Proposal, will within three (3) days initiate either the repair or replacement that portion of the Radio System causing the defective performance at the CONTRACTOR's sole cost and expense. Notwithstanding the foregoing, if a defective portion of the Radio System is repaired and subsequently again causes a defective performance, the CONTRACTOR shall replace that· portion of the Radio System. The CONTRACTOR shall provide the necessary labor, supplies, expenses, and transportation to maintain the Radio System hardware and software in compliance with the specifications herein during the Warranty Period at no cost to the COUNTY. D. This warranty does not cover Radio System components: (1 ) used in other than its normal and customary manner. (2) subjected to misuse. '-" 'wi however, that portable and mobile radio units shall not be shipped until the date of such shipment is approved in writing by the County Project Manager; (2) For software, infrastructure and all other components of the Radio System, the Warranty Period shall commence upon final acceptance of the Radio System and extend for a period of twelve (12) months. B. During the Warranty Period, the CONTRACTOR warrants that the 800 MHZ Trunked Radio System shall be free from defects that cause the Radio System to fail to conform in any material fashion to the Specifications and performance guarantees set forth in this Agreement. The CONTRACTOR shall provide the COUNTY the most recent software available which provides the proposed features and functions and shall provide the most current updates of the software with those same features and functions wi thin thirty (30) days of their availability. With the exception of software corrections, updates do not include labor or installation services. During the applicable Warranty Period, new software releases shall also be provided at no cost to the COUNTY, however, labor to install such new releases is not included. c. In the event of a defect during the Warranty Period stated above, the CONTRACTOR at its option in accordance with the CONTRACTOR's Proposal, will within three (3) days initiate either the repair or replacement that portion of the Radio System causing the defective performance at the CONTRACTOR's sole cost and expense. Notwithstanding the foregoing, if a defective portion of the Radio System is repaired and subsequently again causes a defective performance, the CONTRACTOR shall replace that· portion of the Radio System. The CONTRACTOR shall provide the necessary labor, supplies, expenses, and transportation to maintain the Radio System hardware and software in compliance with the specifications herein during the Warranty Period at no cost to the COUNTY. D. This warranty does not cover Radio System components: (1) used in other than its normal and customary manner. (2) subjected to misuse. '-" \wi! (3) modified by COUNTY or by any party other than CONTRACTOR without prior written consent of CONTRACTOR. E. All equipment furnished for this Project by the CONTRACTOR is covered by this warranty whether manufactured by the CONTRACTOR or a third party. F. The CONTRACTOR shall replace failed units of equipment and not only failed parts when the Radio System is subjected to systemic equipment failures, i.e., more than three occurrences of the same failure. G. The CONTRACTOR warrants that during the Warranty Period all radio units (and all other miscellaneous subscriber equipment) shall be free from defects that cause them to fail to conform in a material fashion to the CONTRACTOR's published specifications. H. The CONTRACTOR warrants that the software included as part of the Radio System (including all releases and upgrades provided during the Warranty Period) will perform as intended and will not be adversely affected by any date related functions include but not limited to those described below in the Motorola Year 2000 Warranty, or operations thereof occurring during the applicable Warranty Period and during the term of any subsequent standard Radio System maintenance contract between the CONTRACTOR and the COUNTY. I. Motorola Year 2000 Warranty. The CONTRACTOR warrants that each hardware, software, and firmware product delivered under this Agreement and listed as "Year 2000 Compliant" shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the year 1999 and the year 2000, including leap year calculations, when used in accordance with the product documentation provided by the CONTRACTOR, provided that all listed or unlisted products (e.g., hardware, software, firmware) used in combination with such listed product properly exchange date data with it. This warranty shall extend through June 1, 2000. The COUNTY must notify the CONTRACTOR, in writing, no later than July 1, 2000 of Product that does not conform to this Express Warranty. The remedies available for breach of this warranty shall be ~ """ IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have executed this Agreement as of the dates written below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN '. eo ............... . · . . ...... . . . . . . . . . . . . ::~:i:i:i:i<: r «<"0 :-:-:-:-:::: : . . . . . . . · . .......... . " r · . . . . . . . . . . . . . .: . . . . . . . . . . . . : . CLERK DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MOTOROLA, INC. BY: ú?¡.ì2Øà... Fe J5' '2lT Print Name: william E. C. King III Assistant Secretary, MCEI/ Ti tIe: Division Controller December 4, 1998 Date: (:0 r-,JT R /\ {--'rs uti.) r. APPküVAL 1M ~ MOTOR~ C:\JWL\AGREE\MOTOROLA\MOTOROLA9S-1A.DOC ",-,- \wt ""eI0 as defined on paragraph C., above. Except as provided herein, nothing in this warranty statement shall be construed to limit any rights or remedies provided elsewhere in this Agreement with respect to matters other than Year 2000 performance. The product delivered under this Agreement is currently fully "Year 2000 Compliant" except for product identified below as Category D. For the third party product identified on below as Category D, the Motorola Year 2000 Express Warranty applies only as it relates to the specific functions of that product necessary in the performance of the System provided under this Agreement. If the COUNTY requires Year 2000 information for other uses of these products, the COUNTY must contact directly the third party supplier. The following items are Category D: TDN9936 TDN9935 L3033 HP XA 166 MHZ Computer HP XA 166 MHZ Computer Micron Millenia Computer J. THE EXPRESS WARRANTIES CONTAINED IN THIS ARTICLE OF THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. K. Each County Agency shall be considered a third party beneficiary of the warranty provisions described herein as those provisions relate to the respective Agency's Radios. As a third party beneficiary, each County Agency will be entitled to independently enforce of all of the COUNTY's warranty rights and remedies with respect to their respective Agency Radios including but not limited to the right to deal directly with the CONTRACTOR on Agency Radio warranty issues. 3. Except as expressly amended herein all of the remaining terms and conditions of the Agreement shall remain in full force and effect. '-" .-....1 IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have executed this Agreement as of the dates written below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: , . . . . . .0. . . . . . . . .. . . . . . . . . . . . 0°, o . . . . . . . :~:i:;:i:i:> «<"0 :-:-:.0.-:-: : CLERK CHAIRMAN . . . . . . . . ............... r . . . . . . . . .:.............. DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MOTOROLA, INC. BY: úJ¡:~à:... E c- Þ)' -:i1T Steve Ratzek Print Name: william E. C. King III Assistant Secretary, MCEI/ Title: Division Controller December 4, 1998 Date: ro I"JT K /\ ('TS utP r. APPkOVAL 1M ' MOTOR~ C:\JWL\AGREE\MOTOROLA\MOTOROLA98-1A.DOC \~ 'wi INTERLOCAL AGREEMENT 800 MHZ RADIO SYSTEM THIS INTERLOCAL AGREEMENT is made and entered into this day of 1998, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and the CITY OF PORT ST. LUCIE, a municipal corporation organized under the laws of the State of Florida, (the "City"). WHEREAS, the County has determined that it has a need to obtain a complete 800 MHZ Trunked Radio System (the "Radio System") for use by the County, the City of Fort Pierce and all law enforcement/public safety agencies within St. Lucie County (collectively, the "Public Safety Agencies"); and WHEREAS, the County has entered into an Agreement with Motorola, Inc. (the "Motorola Agreement") whereby Motorola will provide and install the Radio System including the infrastructure as well as radios for use by the Public Safety Agencies (the "Agency Radios") for a lump sum amount; and WHEREAS, the County intends to finance the cost of the infrastructure of the Radio System through the issuance of bonds (the "Radio System Bonds") to be paid back from a portion of the fines collected for moving traffic violations as provided for in Section 318.21(10), Florida Statutes, however, these funds are not sufficient to pay for the costs of the Agency Radios; and WHEREAS, the Coúnty is willing to advance payment to Motorola for the costs of the Agency Radios provided that the Public Safety Agencies agree to reimburse the County either by paying their pro rata share of the debt service on the Radio System Bonds sized to include their radios or to pay the agency's share in a lump sum prior to the issuance of the Radio Bonds. NOW, THEREFORE, the County and the City hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement -1- '-' 'wi shall supersede all previous telecommunications, representations or agreements, either verbal or written, between the partie~ hereto. 2. COUNTY. The County shall be responsible for all aspects of the construction and installation of the Radio System through the Motorola Agreement which will include installation of the infrastructure and the purchase of the Agency Radios. If requested to do so by the City, the County agrees to include the cost of the City's share of the Agency Radios (the "City Radios") in the Radio System Bonds. Upon either (a) the City's lump sum payment to the County for the City Radios or (b) the written agreement of the City to pay its pro rata share of the debt service on the Radio System Bonds, both as described below, the County agrees to transfer ownership of the City Radios to the City. Thereafter, the City shall have all of the warranty and maintenance rights to the City Radios as those rights are described in the Motorola Agreement, as amended on , 1998. 3. ~. The City agrees to reimburse the County from lawfully available sources for all funds advanced by the County to Motorola, Inc. under the Motorola Agreement to pay for the City's share of the Agency Radios. This amount is currently estimated to be nine hundred six thousand five hundred twenty and nO/100 dollars ($906,520.00) based on radios and accessories requested by the City as specified in the attached Exhibit "A". The City agrees to reimburse the County either by: (a) paying the County a lump sum and interest at the rate on the debt incurred to finance the purchase of the Agency Radios from the date such debt is incurred; or (b) paying an amount annually to the County equal to the City's pro rata share of the debt service on the Radio System Bonds sized to include the City Radios. If the City elects the former method, payment shall be due to the County within 30 days from a written request from the County. If the City elects the later method, the City agrees to enter into such further agreements as are reasonably necessary for the County's issuance of the Radio System Bonds. The City shall give the County written notice of its election on a method of payment within seven (7) days of a written request from the County to provide such notice. Such written notice shall also confirm the number of radios requested by the City. If necessary, any change in the number City Radios will be issued to Motorola as a change order to the Motorola Agreement and the amount to be paid to the County by the City will be adjusted accordingly. 4. RADIO MAINTENANCE. In order to maintain the integrity of the Radio System as a whole the parties agree that it is critical to have all of the Radio System components including the Agency Radios maintained to consistent and uniform standards by a single -2- "'-' '-' qualified vendor. In furtherance of this, the City agrees that after the initial warranty period as described in the Motorola Agreement as amended, all City Radios shall be maintained by a vendor selected by the County upon the recommendation of the Radio Committee of the St. Lucie County 911 Board of Governors. s. TERMINATION. This agreement may only be terminated by mutual agreement of the parties. 6. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Public Safety Manager 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the City: With a copy to: 7. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 8. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11) I Florida Statutes. , -3- ~ ..,; IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CITY OF PORT ST. LUCIE, FLORIDA ATTEST: BY: City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: City Attorney C:\JWL\INTERLOC\PSL_800MHZ,WPD -4 - ~ EXHIBIT "A" ';J St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended Port St. Lucie Police DeDt. Subscriber Units 1 M01 MX MCS2000 MIDSPEC MOBILE $1,793.00 $1,793.00 1 812W 800MHZ 1 0-15W I 1 G24 ENH: EXPRESS SERVICE PLUS (ESP) 1 H37 ENH: SFWR SMARTNET SYSTEM 1 8665 ADD: CONTROL STATION OPERATION 1 G325 ENH:ANTENNA 120 M01 MX MCS2000 MIDSPEC MOBILE $1,544.00 $185,280.00 120 812W 800MHZ 1 0-15W I 120 B123 ADO: ANTENNA 3DB ROOF TOP 806-S00M 120 B18 ADD: EXTERNAL 7.5 W SPEAKER 120 G24 ENH: EXPRESS SERVICE PLUS (ESP) 120 H37 ENH: SFWR SMARTNET SYSTEM 3 M01 HX MCS2000 HIGH SPEC MOBILE $2,623.00 $7,869.00 3 832W 800MHZ 15W MODEL III 3 G24 ENH: EXPRESS SERVICE PLUS (ESP) 3 H37 ENH: SFWR SMARTNET SYSTEM 3 8665 ADD: CONTROL STATION OPERATION 3 G325 ENH:ANTENNA 15 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,036.00 $15,540.00 15 B18 ADD: SPEAKER EXTERNAL 7.5 WATT 15 037 ENH: SMARTNET + LCS2000 15 G24 EHN: EXPRESS SERVICE PLUS 15 HAF4002 ANTENNA, OUARTERWA VE, 806-900 MHZ 145 H01 Œ<... MTS2000 PORT ABLE SERIES $2,249.00 $326,105.00 145 203H I MTS2000 II 3W 806-870 MHZ 145 H885 , ADD: EXPRESS SERVICE PLUS 145 H37 ADD: SMARTNET SYSTEM PACKAGE 1 H09UCH9PW7 N ASTRO DIG XTS 3000 FULL FEATURE 80 $4,104.00 $4,104.00 1 0806 ENH: SFWR ASTRO DIGITAL CAI OPER 1 H60 ADD: DES OFB ENCRYPTION 1 H37 ENH: SFWR SMARTNET SYSTEM 5 H09UCF9PW7 N ASTRO DIG XTS 3000 L TD KYPAD 800Mf- $3,868.00 $19,340.00 5 0806 ENH: SFWR ASTRO DIGITAL CAI OPER 5 H60 ADD: DES OFB ENCRYPTION 5 H37 ENH: SFWR SMARTNET SYSTEM 5 H885 ENH: DEPOT SERVICE THRU YEAR 3 L TD - 25 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $26,900.00 Motorola, Inc. PSL Revision 12123/98 Page 6 - 42 '-" \-' St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment Ust and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 25 G24 ENH: ESP PREFERRED PORTABLE 25 Q37 ENH: SMARTNET + L TS2000 151 NTN1168 CHARGER, 11 OV SINGLE ENH $106.00 $16,006.00 3 NTN1177 CHARGER, 11 OV MULTI RAPID $574.00 $1,722.00 25 TDN9816 VEHICULAR BATTERY CHARGER FOR JE $242.00 $8,050.00 6 NTN8660 XTS VEHICULAR CHARGER $340.00 $2,040.00 145 NMN6228 MIC,PUBLlC SAFETY 30" STRAIGHT CO~ $109.00 $15,805.00 145 NAF5042 Whip Antenna For Public Safety Microphone 145 NTN8036 CASE,2.5"-HI ACTIVITY-ULTRA HI CAP $51.00 $7,395.00 25 HLN9426 CARRYCASE, L THR WISWIVEL 1200 $48.00 $1,200.00 1 T5795 KVL 3000 HARDWARE $2,891.00 $2,891.00 1 X795 ADD; BASIC SOFTWARE PACKAGE 1 X423 ENH: DES DES-XL DES-OFB ENCRYP 1 C954 ADD: CABLE KIT FOR SPECTRA 1 C543 ADD: CABLE FOR 9000E, SPECTRA 1 C724 ADD: KEYLOAD CABLE MTS2000 25 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $1,375.00 25 HMN9030A REMOTE SPEAKER MICROPHONE $80.00 $1,500.00 6 NTN83&.O CASE, CARRY HIGH ACTIVITY $51.00 $306.00 , IIPort St. Luçie Police Department Subscriber Units Total $643,221.00 II - Motorola, Inc. PSL Revision 12/23/98 Page 6 - 43 .' . '-' .wI' St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units ProQramminQ and Installation Description Quantity Unit Unit Price Extended Extended Price Port St. Lucie Police Deoartment Control Station Radios Programming and Installation 4 $400.00 $1,600.00 $110.00 $14,850.00 $25.00 $4,400.00 $65.00 $2,015.00 $22,865.00 f Dash Mount Mobile Units Programming and Installation 135 Portable Radios Programming 176 Vehicular Chargers Installation 31 Port St. Lucie Police Department Total ........ , - Motorola, Inc. PSL Revision 12/23/98 Page 6 - 54 ~ -....I St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment Ust and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended Port St. Lucie Buildina Deot. Subscriber Units 2 M10UGD6DCS N LCS2000 800MHZ 15W MOBILE $1,187.00 $2,374.00 2 B71 DEL: MIC COMPACT 2 037 ENH: SMARTNET + LCS2000 2 G24 ENH: 3 YR DEPOT SVC 2 B90 DEL: ACCESSORIES 2 HLN3067 12-25W CONTROL STATION 2 TDF6441 YAGIANTENNA $104.00 $208.00 200 L1702 1/2" SUPER FLEX $4.00 $800.00 2 DO 1 OAMFN30 AlTENUATOR $98.00 $196.00 2 DSIS50NXC2MA COAX PROTECTOR $66.00 $132.00 2 TDN6673 1/2 CABLE GROUND KIT $24.00 $48.00 4 TDN8809 1/2 CONNECTOR N PLUG $48.00 $192.00 4 TDN8810 1/2"CONNECTOR N JACK $53.00 $212.00 2 TDN8811 1/2" CONNECTOR RiA PLUG SUPERFLE $85.00 $170.00 19 H10UCH6DCS N L TS2000 800MHZ 3W $1,076.00 $20,444.00 19 H885 ENH: ESP PREFERRED PORTABLE 19 037 ENH: SMARTNET + L TS2000 19 HTN963D 120V 1 HR RAPID RATE CHARGER $55.00 $1,045.00 6 HNN9628 \ EXTRA BATTERIES $71.00 $426.00 /IPort St. Lucie Building Dept. Subscriber Units Total $26,247.00 II Port St. Lucie Enaineerina Deot. Subscriber Units 1 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $1,187.00 1 B71 DEL: MIC COMPACT 1 Q37 ENH: SMARTNET + lCS2000 1 B90 DEL: ACCESSORIES 1 G24 ENH: EXPRESS SERVICE PLUS 1 HlN3067 12-25W CONTROL STATION - 1 TDF6441 YAGIANTENNA $104.00 $104.00 Motorola. Inc. PSL Revision 12/23/98 Page 6 - 42 '-' -.....I. St. Lucie County 800 MHz Trunked Radio System . Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 100 L1702 1/2" SUPER FLEX $4.00 $400.00 1 DQ10AMFN30 ATTENUATOR $98.00 $98.00 1 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 2 IDN8809 1/2 CONNECTOR N PLUG $48.00 $96.00 2 IDN881 0 112"CONNECTOR N JACK $53.00 $106.00 1 IDN8811 1/2" CONNECTOR RiA PLUG SUPERFLE $85.00 $85.00 2 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,036.00 $2,072.00 2 B18 ADD: SPEAKER EXTERNAL 7.5 WAIT 2 037 ENH: SMARTNET + LCS2000 2 G24 ENH: EXPRESS SERVICE PLUS 2 HAF4002 ANTENNA, OUARTERWA VE, 806-900 MHZ 16 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $17,216.00 16 H885 ENH: ESP PREFERRED PORTABLE 16 037 ENH: SMARTNET + L TS2000 6 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $330.00 2 HTN9748 MULTI-UNIT CHARGER $417.00 $834.00 Port StN.ucie Engineering Depl Subscriber Units Total $22,618.00 , Port St. Lucie Public Works Deøartment Subscriber Units 2 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $2,374.00 2 B71 DEL: MIC COMPACT 2 037 ENH: SMARTNET + LCS2000 2 G24 ENH: 3 YR DEPOT SVC 2 890 DEL: ACCESSORIES 2 HLN3067 12-25W CONTROL STATION 2 TDF6441 YAGIANTENNA $104.00 $208.00 200 L1702 1/2M SUPER FLEX $4.00 $800.00 - 2 DO 1 OAMFN30 ATTENUATOR $98.00 $196.00 Motorola. Inc. PSL Revision 12/23/98 Page 6 - 43 , -.I ~ St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment Ust and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 2 DSIS50NXC2MA COAX PROTECTOR $66.00 $132.00 2 TDN6673 1/2 CABLE GROUND KIT $24.00 $48.00 4 TDN8809 1/2 CONNECTOR N PLUG $48.00 $192.00 4 TDN881 0 1/2"CONNECTOR N JACK $53.00 $212.00 2 TDN8811 1/2" CONNECTOR RiA PLUG SUPERFLE $85.00 $170.00 41 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,036.00 $42,476.00 41 B18 ADD: SPEAKER EXTERNAL 7.5 WATT 41 037 ENH: SMARTNET + lCS2000 41 G24 ENH: EXPRESS SERVICE PLUS 41 HAF4002 ANTENNA, OUARTERWA VE, 806-900 MHZ 44 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $47,344.00 44 0397 ENH: ESP PREFERRED PORTABLE 44 037 ENH: SMARTNET + L TS2000 20 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $1,100.00 4 HTN9748 MULTI-UNIT CHARGER $417.00 $1,668.00 PSL VEHICLE MAINTENANCE 1 M10UGD6DC5 N LCS2000 aoOMHZ 15W MOBILE $1,187.00 $1,187.00 1 871 DEL: MIC COMPACT 1 037 ENH: SMARTNET + lCS2000 1 G24 ENH: 3 YR DEPOT SVC 1 890 ....... DEL: ACCESSORIES 1 HLN3067 , 12-25W CONTROL STATION 1 TDF6441 , YAGI ANTENNA $104.00 $104.00 100 L1702 1/2" SUPER FLEX $4.00 $400.00 1 DQ10AMFN30 A TTENUA TOR $98.00 $98.00 1 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 2 TDN8809 1/2 CONNECTOR N PLUG $48.00 $96.00 2 TDN8810 1/2MCONNEc..TOR N JACK $53.00 $106.00 Motorola, Inc. PSL Revision 12/23/98 Page 6 - 44 '-' ..., St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 1 TDN8811 1/2" CONNECTOR RIA PLUG SUPERFLE $85.00 $85.00 2 M10UG060C5 N LCS2000 800MHZ 15W MOBILE $1,036.00 $2,072.00 2 B18 ADD: SPEAKER EXTERNAL 7.5 WATT 2 Q37 ENH: SMARTNET + LCS2000 2 G24 ENH: EXPRESS SERVICE PLUS 2 HAF4002 ANTENNA, QUARTERWA VE, 806-900 MHZ 1 H10UCH6DC5 N L TS2000 aOOMHZ 3W $1,076.00 $1,076.00 1 Q397 ENH: ESP PREFERRED PORTABLE 1 Q37 ENH: SMARTNET + L TS2000 1 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $55.00 ADMINISTRATIVE SERVlCES-SAFETY 2 H10UCH60C5 N L TS2000 aOOMHZ 3W $1,076.00 $2,152.00 2 Q397 ENH: ESP PREFERRED PORTABLE 2 Q37 ENH: SMARTNET + L TS2000 2 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $110.00 Port St. Lucie Public Works Dept. Subscriber Units Total $104,551.00 Port St. Lucie Parks and Rec. Subscriber Units 1 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $1,187.00 1 B71 DEL: MIC COMPACT 1 Q37 ENH: SMARTNET + LCS2000 1 G24 '.... ENH: 3 YR DEPOT SVC 1 B90 I DEL: ACCESSORIES 1 HLN3067 , 12-25W CONTROL STATION 1 TDF6441 YAGIANTENNA $104.00 $104.00 100 L1702 1/2" SUPER FLEX $4.00 $400.00 1 DQ10AMFN30 ATTENUATOR $98.00 $98.00 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 2 TDN8809 1/2 CONNECTOR N PLUG $48.00 $96.00 ~ 2 TDN8810 1/2"CONNECTOR N JACK $53.00 $106.00 Motorola, Inc. PSL Revision 12/23/98 Page 6 - 45 '. '-' ~ St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 1 TDN8811 1/2" CONNECTOR RiA PLUG SUPERFLE $85.00 $85.00 52 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $55,952.00 52 H885 ENH: ESP PREFERRED PORTABLE 52 037 ENH: SMARTNET + L TS2000 25 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $1,375.00 5 HTN9748 MULTI-UNIT CHARGER $417.00 $2,085.00 12 BDN6720A EAR RECEIVER $35.00 $420.00 12 FLN8660A ACCESSORY CLAMP PLUG $4.00 $48.00 port St. Lucie Parks and Ree. Dept. Subscriber Units Total $62,046.00 Port St. Lucie Utility SYStem DeDartment 12 H10UCH6DC5 N 12 H885 12 037 12 HTN9630 L TS2000 800MHZ 3W ENH: ESP PREFERRED PORTABLE ENH: SMARTNET + L TS2000 120V 1 HR RAPID RATE CHARGER $1,131.00 $13,572.00 Port St. Lucie Utlity System Department $13,572.00 ICity of Port St. Lucie Subscriber Unit Equipment Total $229,034.00 I ......... , Motorola, Inc. PSL Revision 12/23/98 Page 6 - 46 " '-' -.",I St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units Proqramminq and Installation Unit Extended Description Quantity Unit Price Extended Price Port St. Lucie Buildina Dect. Subscriber Units Control Station Radios Programming and Installation 2 $400.00 $800.00 Portable Radios Programming 19 $25.00 $475.00 Port St. Lucie Enqineerinq Dect. Subscriber Units Control Station Radios Programming and Installation 1 $400.00 $400.00 Portable Radios Programming 16 $25.00 $400.00 Dash Mount Mobile Units Programming and Installation 2 $110.00 $220.00 Port St. Lucie Public Works Decartment Subscriber Units Control Station Radios Programming and Installation 3 $400.00 $1,200.00 Dash Mount Mobile Units Programming and Installation 43 $110.00 $4,730.00 Portable Radios Programming 47 $25.00 $1,175.00 Port St. LucR!-Parks and Rec. Subscriber Units Control Station Radios Programming and Installation 1 $400.00 $400.00 Portable Radios Programming 52 $25.00 $1,300.00 Port St. Lucie Utilitv System Decartment Portable Radios Programming 12 $25.00 $300.00 Subscriber Units Programming and Installation Total $11,400.00 Motorola, Inc. PSL Revision 12/23/98 Page 6 - 54 '-' "" INTERLOCAL AGREEMENT 800 MHZ RADIO SYSTEM THIS AGREEMENT is made and entered into this day of , 1998, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and the SCHOOL BOARD FOR ST. LUCIE COUNTY, FLORIDA (the "School Board"). WHEREAS, the County has determined that it has a need to obtain a complete 800 MHZ Trunked Radio System (the "Radio System") for use by the County, the St. Lucie County School Board and all law enforcement/public safety agencies within St. Lucie County (collectively, the "Public Safety Agencies"); and WHEREAS, the County has entered into an Agreement with Motorola, Inc. (the "Motorola Agreement") whereby Motorola will provide and install the Radio System including the infrastructure as well as radios for use by the Public Safety Agencies (the "Agency Radios") for a lump sum amount; and WHEREAS, the County intends to finance the cost of the infrastructure of the Radio System through the issuance of bonds (the "Radio System Bonds") to be paid back from a portion of the fines collected for moving traffic violations as provided for in Section 318.21(10), Florida Statutes, however, these funds are not sufficient to pay for the costs of the Agency Radios; and WHEREAS, the County is willing to advance payment to Motorola for the costs of the Agency Radios provided that the Public Safety Agencies agree to reimburse the County either by paying their pro rata share of the debt service on the Radio System Bonds sized to include their radios or to pay the agency's share in a lump sum prior to the issuance of the Radio Bonds. NOW, THEREFORE, the County and the School Board hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, -1- ~i ....,/ or agreements, either verbal or written, between the parties hereto. 2. COUNTY. The County shall be responsible for all aspects of the construction and installation of the Radio System through the Motorola Agreement which will include installation of the infrastructure and the purchase of the Agency Radios. If requested to do so by the School Board, the County agrees to include the cost of the School Board's share of the Agency Radios (the "School Board Radios") in the Radio System Bonds. Upon either (a) the School Board's lump sum payment to the County for the School Board Radios or (b) the written agreement of the School Board to pay its pro rata share of the debt service on the Radio System Bonds, both as described below, the County agrees to transfer ownership of the School Board Radios to the School Board. Thereafter, the School Board shall have all of the warranty and maintenance rights to the School Board Radios as those rights are described in the Motorola Agreement, and as amended on , 1998. 3. SCHOOL BOARD. The School Board agrees to reimburse the County from lawfully available sources for all funds advanced by the County to Motorola, Inc. under the Motorola Agreement to pay for the School Board's share of the Agency Radios. This amount is currently estimated to be seven hundred twenty three thousand nine hundred sixty three and nO/lOa dollars ($723,963.00) based on radios and accessories requested by the School Board as specified in the attached Exhibit "A". The School Board agrees to reimburse the County either by: (a) paying the County a lump sum and interest at the rate on the debt incurred to finance the purchase of the Agency Radios from the date such debt is incurred; or (b) paying an amount annually to the County equal to the School Board's pro rata share of the debt service on the Radio System Bonds sized to include the School Board Radios. If the School Board elects the former method, payment shall be due to the County within 30 days from a written request from the County. If the School Board elects the later method, the School Board agrees to enter into such further agreements as are reasonably necessary for the County's issuance of the Radio System Bonds. The School Board shall give the County written notice of its election on a method of payment within seven (7) days of a written request from the County to provide such notice. Such written notice shall also confirm the number of radios requested by the School Board. If necessary, any change in the number School Board Radios will be issued to Motorola as a change order to the Motorola Agreement and the amount to be paid to the County by the School Board will be adjusted accordingly. -2- '-' '-..I 4. RADIO MAINTENANCE. In order to maintain the integrity of the Radio System as a whole the parties agree that it is critical to have all of the Radio System components including the Agency Radios maintained to consistent and uniform standards by a single qualified vendor. In furtherance of this, the School Board agrees that after the initial warranty period as described in the Motorola Agreement, as amended, all School Board Radios shall be maintained by a vendor selected by the County upon the recommendation of the Radio Committee of the St. Lucie County 911 Board of Governors. s. TERMINATION. This agreement may only be terminated by mutual agreement of the parties. 6. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie County Administrator 2300 virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 with a copy to: St. Lucie County Public Safety Manager 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the School Board: with a copy to: 7. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. -3- - '-"" --.."I 8. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney ST. LUCIE COUNTY SCHOOL BOARD ATTEST: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: School Board Attorney C:\JWL\INTERLOC\SCHOOLBD_800MHZ.WPD -4- ~ -...,.¡ St. Lucie County 800 MHz Trunked Radio System Equipment List and Pricing Subscriber Units and Accessories ._...... Qty. Model Description Unit Price Extended, 16 B123 ADD: ANTENNA 3DB ROOF TOP 806-900M 15 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $16,140.00 15 H885 ENH: ESP PREFERRED PORTABLE 15 037 ENH: SMARTNET + L TS2000 20 NTN1168 CHARGER, 11 OV SINGLE ENH $106.00 $2,120.00 15 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $825.00 20 NMN6193 AUDIO ACC,REMOTE SPKRlMIC $71.00 $1,420.00 40 TDF6441 YAGIANTENNA $104.00 $4,160.00 460 L1702 1/2" SUPER FLEX $4.00 $1,840.00 40 D010AMFN30 ATTENUATOR $98.00 $3,920.00 40 DSIS50NXC2MA COAX PROTECTOR $66.00 $2,640.00 40 TDN6673 1/2 CABLE GROUND KIT $24.00 $960.00 80 TDN8809 1/2 CONNECTOR N PLUG $48.00 $3,840.00 80 TDN8810 1/2"CONNECTOR N JACK $53.00 $4,240.00 40 TDN8811 1/2" CONNECTOR RIA PLUG SUPERFLE $85.00 $3,400.00 I 1St. Lucie County School Board Subscriber Units Total $658,943.00 I . .. Subscriber Units Proarammina and Installation Description Unit Extended Quantity Unit Price Extended Price St. Lucie County School Board Subscriber Units Control Station Radios Programming and Installation 59 $400.00 $23,600.00 353 $110.00 $38,830.00 97 $25.00 $2,425.00 Dash Mount Mobile Units Programming and Installation Portable Radios Programming Subscriber Units Pro and Installation Total 64 855.00 EXHIBIT lOA" Total $723,798.00 . ] \..f' \wi St. Lucie County 800 MHz Trunked Radio System Equipment List and Pricing ',":0 ...~~ Subscriber Units and Accessories ~;-~'.':: .. . Qty. Model Description Unit Price Extended 16 M01 HX MCS2000 HIGH SPEC MOBILE $2,453.00 $39,248.00 16 822W 800M HZ 15W MODEL II 16 B665 ADD: CONTROL STATION OPERATION 16 H37 ENH: SFWR SMARTNET SYSTEM 16 G24 ENH: EXPRESS SERVICE PLUS (ESP) 16 G325 ENH:ANTENNA 3 M01 HX MCS2000 HIGH SPEC MOBILE $2,623.00 $7,869.00 3 832W 800M HZ 15W MODEL III 3 B665 ADD: CONTROL STATION OPERATION 3 H37 ENH: SFWR SMARTNET SYSTEM 3 G24 ENH: EXPRESS SERVICE PLUS (ESP) 3 G325 ENH:ANTENNA 2 M01 HX MCS2000 HIGH SPEC MOBILE $2,340.00 $4,680.00 2 832W 800M HZ 15W MODEL III 2 B123 ADD: ANTENNA 3DB ROOF TOP 806-900M 2 H37 ENH: SFWR SMARTNET SYSTEM 2 G24 ENH: EXPRESS SERVICE PLUS (ESP) 15 M01 HX MCS2000 HIGH SPEC MOBILE $2,151.00 $32,265.00 15 822W 800M HZ 15W MODEL II 15 G24 ADD: TWO YEAR EXPRESS SERVICE PLUS 15 H37 ENH: SFWR SMARTNET SYSTEM 15 B123 ADD: ANTENNA 3DB ROOF TOP 806-900M 320 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,017.00 $325,440.00 320 B18 ADD: SPEAKER EXTERNAL 7.5 WATT 320 G24 ENH: 3 YR DEPOT SVC 320 a37 ENH: SMARTNET + LCS2000 320 HAF4002 ANTENNA, aUARTERWA VE, 806-900 MHZ 18 H01 ax MTS2000 PORTABLE SERIES $2,529.00 $45,522.00 18 203H MTS2000 II 3W 806-870 MHZ 18 H885 ADD: EXPRESS SERVICE PLUS 18 H38 ADD: SMARTZONE SYSTEM PACKAGE 2 H01QX MTS2000 PORTABLE SERIES $2,818.00 $5,636.00 2 204H MTS2000 III 3W 806-870 MHZ 2 H885 ADD: EXPRESS SERVICE PLUS 2 H38 ADD: SMARTZONE SYSTEM PACKAGe- 16 M01 HX MCS2000 HIGH SPEC MOBILE $2,151.00 $34,416.00 16 822W 800MHZ 15W MODEL II 16 G24 ADD: TWO YEAR EXPRESS SERVICE PLUS 16 H37 ENH: SFWR SMARTNET SYSTEM '-'" \.,I S1. Lucie County 800 MHz Trunked Radio System Equipment List and Pricing ~.:" ~. lS..;;: Subscriber Units and Accessories Qty. Model Description Unit Price Extended _4__ .__ _ St. Lucie Countv School Board Subscriber Units Maintenance & Proiect Manaaers 1 M10UGD6DC5 N LCS2000 800M HZ 15W MOBILE $1,206.00 $1,206.00 1 B71 DEL: MIC COMPACT I 1 037 ENH: SMARTNET + LCS2000 1 B90 DEL: ACCESSORIES 1 G24 ENH: EXPRESS SERVICE PLUS 1 HLN3067 12-25W CONTROL STATION 58 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $62,408.00 58 H885 ENH: ESP PREFERRED PORTABLE 58 037 ENH: SMARTNET + L TS2000 58 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $3,190.00 Warehouse 1 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,206.00 $1,206.00 1 B71 DEL: MIC COMPACT 1 037 ENH: SMARTNET + LCS2000 1 B90 DEL: ACCESSORIES 1 G24 ENH: EXPRESS SERVICE PLUS 1 HLN3067 12-25W CONTROL STATION 4 H10UCH6DC5 N L TS2000 800M HZ 3W $1,076.00 $4,304.00 4 H885 ENH: ESP PREFERRED PORTABLE 4 037 ENH: SMARTNET + L TS2000 4 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $220.00 Schools & Administration 38 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,206.00 $45,828.00 38 B71 DEL: MIC COMPACT 38 037 ENH: SMARTNET + LCS2000 38 B90 DEL: ACCESSORIES 38 G24 ENH: EXPRESS SERVICE PLUS 38 HLN3067 12-25W CONTROL STATION Security '-" -..."I INTERLOCAL AGREEMENT 800 MHZ RADIO SYSTEM THIS INTERLOCAL AGREEMENT is made and entered into this day of 1998, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and the CITY OF FORT PIERCE, a municipal corporation organized under the laws of the State of Florida, (the "City"). WHEREAS, the County has determined that it has a need to obtain a complete 800 MHZ Trunked Radio System (the "Radio System") for use by the County, the City of Fort Pierce and all law enforcement/public safety agencies within St. Lucie County (collectively, the "Public Safety Agencies"); and WHEREAS, the County has entered into an Agreement with Motorola, Inc. (the "Motorola Agreement") whereby Motorola will provide and install the Radio System including the infrastructure as well as radios for use by the Public Safety Agencies (the "Agency Radios") for a lump sum amount; and WHEREAS, the County intends to finance the cost of the infrastructure of the Radio System through the issuance of bonds (the "Radio System Bonds") to be paid back from a portion of the fines collected for moving traffic violations as provided for in Section 318.21(10), Florida Statutes, however, these funds are not sufficient to pay for the costs of the Agency Radios; and WHEREAS, the County is willing to advance payment to Motorola for the costs of the Agency Radios provided that the Public Safety Agencies agree to reimburse the County either by paying their pro rata share of the debt service on the Radio System Bonds sized to include their radios or to pay the agency's share in a lump sum prior to the issuance of the Radio Bonds. NOW, THEREFORE, the County and the City hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.0 I, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement -1- ~ ....."I shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. COUNTY. The County shall be responsible for all aspects of the construction and installation of the Radio System through the Motorola Agreement which will include installation of the infrastructure and the purchase of the Agency Radios. If requested to do so by the City, the County agrees to include the cost of the City's share of the Agency Radios (the "City Radios") in the Radio System Bonds. Upon either (a) the City's lump sum payment to the County for the City Radios or (b) the written agreement of the City to pay its pro rata share of the debt service on the Radio System Bonds, both as described below, the County agrees to transfer ownership of the City Radios to the City. Thereafter, the City shall have all of the warranty and maintenance rights to the City Radios as those rights are described in the Motorola Agreement as amended on , 1998. 3. .c.ITI. The City agrees to reimburse the County from lawfully available sources for all funds advanced by the County to Motorola, Inc. under the Motorola Agreement to pay for the City's share of the Agency Radios. This amount is currently estimated to be eight hundred seven thousand six hundred forty and nO/100 dollars ($807,640.00) based on radios and accessories requested by the City as specified in the attached Exhibit "A". The City agrees to reimburse the County either by: (a) paying the County a lump sum and interest at the rate on the debt incurred to finance the purchase of the Agency Radios from the date such debt is incurred¡ or (b) paying an amount annually to the County equal to the City's pro rata share of the debt service on the Radio System Bonds sized to include the City Radios. If the City elects the former method, payment shall be due to the County on or before March 1, 1999. If the City elects the later method, the City agrees to enter into such further agreements as are reasonably necessary for the County's issuance of the Radio System Bonds. The City shall give the County written notice of its election on a method of payment on or before March 1, 1999. Such written notice shall also confirm the number of radios requested by the City. If necessary, any change in the number City Radios will be issued to Motorola as a change order to the Motorola Agreement and the amount to be paid to the County by the City will be adjusted accordingly. 4. RADIO MAINTENANCE. In order to maintain the integrity of the Radio System as a whole the parties agree that it is critical to have all of the Radio System components including the Agency Radios maintained to consistent and uniform standards by a single qualified vendor. In furtherance of this, the City agrees that after -2- '-" ...., the initial warranty period as described in the Motorola Agreement, as amended, all City Radios shall be maintained by a vendor selected by the County upon the recommendation of the Radio Committee of the St. Lucie County 911 Board of Governors. 5. TERMINATION. This agreement may only be terminated by mutual agreement of the parties. 6. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Public Safety Manager 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the City: With a copy to: 7. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. -3- '-' ..~ 8. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CITY OF FORT PIERCE, FLORIDA ATTEST: BY: City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: City Attorney C:\JWL\INTERLOC\FP_800MHZ.WPD -4- - ~.-_- \....f .""" S1. LuCie County 800 MHz Trunked Radio System Equipment List and Pricing .... '" Subscriber Units and Accessories ~~~--~- _.~ Qty. Model Description Unit Price Extended Fort Pierce Police DeDt. Subscriber Units 104 M01 MX MCS2000 MJDSPEC MOBILE $1,544.00 $160,576.00 104 812W 800MHZ 1 0-15W I 104 B123 ADD: ANTENNA 3DB ROOF TOP 806-900M 104 B18 ADD: EXTERNAL 7.5 W SPEAKER 104 G24 ENH: EXPRESS SERVICE PLUS (ESP) 104 H37 ENH: SFWR SMARTNET SYSTEM 3 M01 MX MCS2000 MIDSPEC MOBILE $1,714.00 $5,142.00 3 814W 800MHZ 35W I 3 G24 ENH: EXPRESS SERVICE PLUS (ESP) 3 H37 ENH: SFWR SMARTNET SYSTEM 3 B18 ADD: EXTERNAL 7.5 W SPEAKER 3 B123 ADD: ANTENNA 3DB ROOF TOP 806-900M 11 M01HX MCS2000 HIGH SPEC MOBILE $2,340.00 $25,740.00 11 832W 800MHZ 15W MODEL III 11 B123 ADD: ANTENNA 3DB ROOF TOP 806-900M 11 G24 ENH: EXPRESS SERVICE PLUS (ESP) 11 H37 ENH: SFWR SMARTNET SYSTEM 5 H09UCH9PW7 N ASTRO DIG XTS 3000 FULL FEATURE 80 $3,493.00 $17,465.00 5 0806 ENH: SFWR ASTRO DIGITAL CAI OPER 5 H37 ENH: SFWR SMARTNET SYSTEM 5 H885 ENH: DEPOT SERVICE THRU YEAR 3 L TO 155 H010X MTS2000 PORTABLE SERIES $2,249.00 $348,595.00 155 203H MTS2000 " 3W 806-870 MHZ 155 H88S ADD: EXPRESS SERVICE PLUS 155 H37 ADD: SMARTNET SYSTEM PACKAGE 6 H010X MTS2000 PORTABLE SERIES $2,538.00 $15,228.00 6 204H MTS2000 I" 3W 806-870 MHZ 6 Ha8S ADD: EXPRESS SERVICE PLUS 6 H37 ADD: SMARTNET SYSTEM PACKAGE 136 NTN1168 - CHARGER,110\"£'SINGLE ENH , $106.00 $14,416.00 2 NTN1177 CHARGER, 11 OV MULTI RAPID $574.00 $1,148.00 . Fort Pierce Police Dept Subscriber Units Total $588,310.00 EXHIBIT "A" - .§Ubscr1b~r Units Proqrammlnq ana In~7allatl(m \...r' '-'Unit Quantity Unit Price Extended Extended Price Description Fort Pierce Police Dept. Subscriber Units Dash Mount Mobile Units Programming and Installation 11 a 5110.00 S12,980.00 I Portable Radios Programming 166 525.00 54,150.00 Subscriber Units Programming and 1nst1llation T otaJ - Ft Pierce Police Dept. $17,130.00 \....f ....¡ St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended Ft. Pierce Buildinas and Code Enforcement 3 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $3,561.00 3 B71 DEL: MIC COMPACT 3 037 ENH: SMARTNET + LCS2000 3 G24 ENH: 3 YR DEPOT SVC 3 B90 DEL: ACCESSORIES 3 HLN3067 12-25W CONTROL STATION 3 TDF6441 YAGIANTENNA $104.00 $312.00 300 L1702 1/2" SUPER FLEX $4.00 $1,200.00 3 D010AMFN30 A TTENUA TOR $98.00 . $294.00 3 DSIS50NXC2MA COAX PROTECTOR $66.00 $198.00 3 TDN6673 1/2 CABLE GROUND KIT $24.00 $72.00 6 TDN8809 1/2 CONNECTOR N PLUG $48.00 $288.00 6 TDN8810 1/2"CONNECTOR N JACK $53.00 $318.00 3 TDN8811 1/2" CONNECTOR RIA PLUG SUPERFLE $85.00 $255.00 16 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $17,216.00 16 0397 ENH: ESP PREFERRED PORTABLE 16 037 ENH: SMARTNET + L TS2000 16 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $880.00 '.... 16 HLN9426 \ CARRYCASE, L THR W/SWIVEL 1200 $48.00 $768.00 , tFt. Pierce ~uil~ina and Code Enforcement Subscriber Unit Total $25,362.00 ~ Ft. Pierce Solid Waste Department 2 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $2,374.00 2 B71 DEL: MIC COMPACT 2 037 ENH: SMARTNET + LCS2000 2 G24 ENH: 3 YR DEPOT SVC 2 B90 DEL: ACCESSORIES 2 HLN3067 12-25W CONTROL STATION 2 TDF6441 YAGIANTENNA $104.00 $208.00 Motorola, Inc. Ft. Pierce Additions 9/19/98 Page 6 - 42 - - \..I ...,¡ S1. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 200 L1702 1/2" SUPER FLEX $4.00 $800.00 2 DQ10AMFN30 A TTENUA TOR $98.00 $196.00 2 DSIS50NXC2MA COAX PROTECTOR $66.00 $132.00 2 TDN6673 1/2 CABLE GROUND KIT $24.00 $48.00 4 TDN8809 1/2 CONNECTOR N PLUG $48.00 $192.00 4 TDN8810 1/2"CONNECTOR N JACK $53.00 $212.00 2 TDN8811 1/2" CONNECTOR RIA PLUG SUPERFLE $85.00 $170.00 43 H10UCH6DC5 N L TS2000 800M HZ 3W $1,076.00 $46,268.00 43 0397 ENH: ESP PREFERRED PORTABLE 43 037 ENH: SMARTNET + L TS2000 43 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $2,365.00 43 HLN9426 CARRYCASE, L THR W/SWIVEL 1200 $48.00 $2,064.00 ~Ft. Pierce Solid Waste OeDt. Subscriber fUnit Tota $55,029.00 I Ft. Pierce Enaineerina OeDt. 1 M10UGD6DC5 N LCS2000 800M HZ 15W MOBILE $1,187.00 $1,187.00 1 B71 DEL: MIC COMPACT 1 037 ENH: SMARTNET + LCS2000 1 G24 ENH: 3 YR DEPOT SVC 1 B90 ....... DEL: ACCESSORIES 1 HLN3067 I 12-25W CONTROL STATION 1 TDF6441 , YAGIANTENNA $104.00 $104.00 100 L1702 112" SUPER FLEX $4.00 $400.00 .. 1 DO 1 OAMFN30 A TTENUA TOR $98.00 $98.00 1 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 1 TDN8809 1/2 CONNECTOR N PLUG $48.00 $48.00 1 TDN8810 1/2"CONNECTOR N JACK $53.00 $53.00 Motorola, Inc. F1. Pierce Additions 9/19/98 Page 6 - 43 -- - '-" "" S1. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 1 TDN8811 1/2" CONNECTOR RiA PLUG SUPERFLE $85.00 $85.00 12 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $12,912.00 12 0397 ENH: ESP PREFERRED PORTABLE 12 037 ENH: SMARTNET + L TS2000 12 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $660.00 12 HLN9426 CARRYCASE, L THR W/SWIVEL 1200 $48.00 $576.00 ~Ft. Pierce Enaineerina Dept. Subcriber Unit Total $16,213.00 , Ft. Pierce Public Works Department: Directors Office 1 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $1,187.00 1 B71 DEL: MIC COMPACT 1 037 ENH: SMARTNET + LCS2000 1 G24 ENH: 3 YR DEPOT SVC 1 B90 DEL: ACCESSORIES 1 HLN3067 12-25W CONTROL STATION 1 TDF6441 YAGIANTENNA $104.00 $104.00 100 L1702 1/2" SUPER FLEX $4.00 $400.00 1 D010AMFN30 ATTENUATOR $98.00 $98.00 1 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 ...., 1 TDN8809 \ 1/2 CONNECTOR N PLUG $48.00 $48.00 1 TDN8810 , 1/2"CONNECTOR N JACK $53.00 $53.00 1 TDN8811 1/2" CONNECTOR RiA PLUG SUPERFLE $85.00 $85.00 4 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $4,304.00 4 0397 ENH: ESP PREFERRED PORTABLE 4 037 ENH: SMARTNET + L TS2000 4 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $220.00 4 HLN9426 CARRYCASE, L THR W/SWIVEL 1200 $48.00 $192.00 1Ft. Pierce Public Works Directors Office Subscriber Unit Total $6, 781.00 ~ Ft. Pierce Public Works Deoartment: Fleet Maintenance Motorola, Inc. F1. Pierce Additions 9/19/98 Page 6 - 44 · '. '-" .....J S1. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 1 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $1,187.00 1 B71 DEL: MIC COMPACT 1 037 ENH: SMARTNET + LCS2000 1 G24 ENH: 3 YR DEPOT SVC 1 B90 DEL: ACCESSORIES 1 HLN3067 12-25W CONTROL STATION 1 TDF6441 YAGIANTENNA $104.00 $104.00 100 L1702 1/2" SUPER FLEX $4.00 $400.00 1 D010AMFN30 ATTENUA TOR $98.00 $98.00 1 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 1 TDN8809 1/2 CONNECTOR N PLUG $48.00 $48.00 1 TDN8810 1/2"CONNECTOR N JACK $53.00 $53.00 1 TDN8811 1/2" CONNECTOR RIA PLUG SUPERFLE $85.00 $85.00 10 H10UCH6DC5 N L T52000 800MHZ 3W $1,076.00 $10,760.00 10 0397 ENH: ESP PREFERRED PORTABLE 10 037 ENH: SMARTNET + L TS2000 10 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $550.00 10 HLN942..6 CARRYCASE, L THR W/SWlVEL 1200 $48.00 $480.00 JFt. Pierce F~eet ~aintenance Subscriber Unit Total $13,855.00 ~ Ft. Piece Public Works DeDartment: Facilities Maintenance 1 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $1,187.00 1 671 DEL: MIC COMPACT 1 037 ENH: SMARTNET + LCS2000 1 G24 ENH: 3 YR DEPOT SVC 1 690 DEL: ACCESSORIES 1 HLN3067 12-25W CONTROL STATION 1 TDF6441 YAGIANTENNA $104.00 $104.00 100 L1702 1/2" SUPER FLEX $4.00 $400.00 Motorola, Inc. F1. Pierce Additions 9/19/98 Page 6 - 45 '-" "". St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units and Accessories Qty. Model Description Unit Price Extended 1 D010AMFN30 ATTENUATOR $98.00 $98.00 1 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 1 TDN8809 1/2 CONNECTOR N PLUG $48.00 $48.00 1 TDN8810 1I2"CONNECTOR N JACK $53.00 $53.00 1 TDN8811 1/2" CONNECTOR RiA PLUG SUPERFLE $85.00 $85.00 15 H10UCH6DC5 N L TS2000 800M HZ 3W $1,076.00 $16,140.00 15 0397 ENH: ESP PREFERRED PORTABLE 15 037 ENH: SMARTNET + L TS2000 15 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $825.00 15 HLN9426 CARRYCASE, L THR W/SWIVEL 1200 $48.00 $720.00 1Ft. Pierce Facilities Maintenance Subscriber Unit Total $19,750.00 I Ft. Pierce Public Works DeDartment: Parks and Grounds 1 M10UGD6DC5 N LCS2000 800M HZ 15W MOBILE $1,187.00 $1,187.00 1 B71 DEL: MIC COMPACT 1 037 ENH: SMARTNET + LCS2000 1 G24 ENH: 3 YR DEPOT SVC 1 B90 DEL: ACCESSORIES 1 HLN3067 12-25W CONTROL STATION .. .... 1 TDF6441 \ YAGIANTENNA $104.00 $104.00 100 L1702 , 1/2" SUPER FLEX $4.00 $400.00 1 D010AMFN30 ATTENUATOR $98.00 $98.00 1 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 1 TDN8809 1/2 CONNECTOR N PLUG $48.00 $48.00 1 TDN8810 1/2"CONNECTOR N JACK $53.00 $53.00 1 TDN8811 1/2" CONNECTOR RiA PLUG SUPERFLE $85.00 $85.00 Motorola, Inc. Ft. Pierce Additions 9/19/98 Page 6 - 46 - '-' ...J St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscñber Units and Accessoñes Qty. Model Descñption Unit Price Extended 20 H10UCH6DC5 N L TS2000 800MHZ 3W $1,076.00 $21,520.00 20 0397 ENH: ESP PREFERRED PORTABLE 20 037 ENH: SMARTNET + L TS2000 20 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $1,100.00 20 HLN9426 CARRYCASE, L THR W/SWIVEL 1200 $48.00 $960.00 lEt. Pierce Parks and Grounds Subscñber Unit Total $25,645.00 ~ Ft. Pierce Public Works Department: Streets and Drainaae 1 M10UGD6DC5 N LCS2000 800MHZ 15W MOBILE $1,187.00 $1,187.00 1 B71 DEL: MIC COMPACT 1 037 ENH: SMARTNET + LCS2000 1 G24 ENH: 3 YR DEPOT SVC 1 690 DEL: ACCESSORIES 1 HLN3067 12-25W CONTROL STATION 1 TDF6441 YAGI ANTENNA $104.00 $104.00 100 L1702 1/2" SUPER FLEX $4.00 $400.00 1 D010AMFN30 ATTENUATOR $98.00 $98.00 1 DSIS50NXC2MA COAX PROTECTOR $66.00 $66.00 1 TDN6673 1/2 CABLE GROUND KIT $24.00 $24.00 1 TDN8809 1/2 CONNECTOR N PLUG $48.00 $48.00 "', 1 TDN8810 \ 1/2"CONNECTOR N JACK $53.00 $53.00 1 TDN8811 , 1/21' CONNECTOR RIA PLUG SUPERFLE $85.00 $85.00 25 H10UCH6DC5 N L TS2000 800M HZ 3W $1,076.00 $26,900.00 .. 25 0397 ENH: ESP PREFERRED PORTABLE 25 037 ENH: SMARTNET + L TS2000 25 HTN9630 120V 1 HR RAPID RATE CHARGER $55.00 $1,375.00 25 HLN9426 CARRYCASE, L THR W/SWIVEL 1200 $48.00 $1,200.00 'Ft. Pierce Public Works: Streets and Drainaae Subscnber Unit Total $31,540.00 I 'Ft. Pierce Subscñber Equipment Grand Total $194,175.00 I Motorola, Inc. Ft. Pierce Additions 9/19/98 Page 6 - 47 \.f ..."",,¡ St. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units Proarammina and Installation Unit Extended Description Quantity Unit Price Extended Price Ft. Pierce Buildina and Code Enforcement Control Station Radios Programming and Installation 3 $400.00 $1,200.00 Portable Radios Programming 16 $25.00 $400.00 Ft. Pierce Solid Waste Deoartment Control Station Radios Programming and Installation 2 $400.00 $800.00 Portable Radios Programming 43 $25.00 $1,075.00 Ft. Pierce Enaineerina Deoartment Control Station Radios Programming and Installation 1 $400.00 $400.00 Portable Radios Programming 12 $25.00 $300.00 Ft. Pierce Public Works Directors Office Control Station Radios Programming and Installation 1 $400.00 $400.00 Portable Rad~ Programming 4 $25.00 $100.00 \ , Ft. Pierce Public Works Fleet Maintenance .. Control Station Radios Programming and Installation 1 $400.00 $400.00 Portable Radios Programming 10 $25.00 $250.00 Ft. Pierce Public Works Facilites Maintenance Control Station Radios Programming and Installation 1 $400.00 $400.00 Portable Radios Programming 15 $25.00 $375.00 Ft. Pierce Public Works Parks and Grõunds Motorola, Inc. Ft. Pierce Additions 9/29/98 Page 6 - 54 '-' ......, S1. Lucie County 800 MHz Trunked Radio System Section 6 Equipment List and Pricing Subscriber Units Proarammina and Installation Unit Extended Description Quantity Unit Price Extended Price Control Station Radios Programming and Installation 1 $400.00 $400.00 Portable Radios Programming 20 $25.00 $500.00 Ft. Pierce Public Works Steets and Drainaae Control Station Radios Programming and Installation 1 $400.00 $400.06 $25.00 $625.00 Portable Radios Programming 25 ..........: Ft. Pierce Subscriþer Installation Programming Total $8,025.00 ....... , Motorola, Inc. Ft. Pierce Additions 9/29/98 Page 6 - 55 .I ,\.. . .:' '" -- ." ." \..: E D 1.3: -=!.:3 .., '; L L PUB LIe -:; A F e: T V e: 0 C "137 462 1737 P.02 '-' '....I '- / INTER LOCAL AGREEME~ 800 MHZ RADIO SYSTEM THIS AGREEMF.~~ ~s made and entered into this ______ day of ~--- .--..- 1998, by and between ST. LUCIE COUNTY, a polit:Lcal 81..~bdi\/ision of the State of ¡'''lorida (the "County It) , c;md the ST. LUCIE COUNTY FIRE DISTRICT, an independent taxing district of the Statè of Florida, (the "District"). WHEREAS, th.:; COUN'1'Y has determined that it has a need to obtain ~ cOffipleta aoo MHZ Trunked Radio System (the "Radio System") for Use by the Cmmty I the St. Lucie County School Bo.:trd ét:ld all law en£;)rc:e~,ent/public safety agencies within St. Lucie County [collectively. the "Public Safety Agencies"); and '-.-. ~'HEREAS, the Ccunty intends to enter into an Agreement with ¡\jç,tQJ:ol,:,..,. Inc. \~:he "l1otorola Agre¿rnent") whereby Moto;('ola will provide a~d ins,all the Radio System including the infrastr~cture as well as radios for use by the Public Safety Agencies (the "Agency Radios") for a lu;np sum amount; and WHERii:AS~ the County intends to finance the C()st ·::>f the infrastructure of the Radio System through the issuanc~ of bo~d6 (th~ "Radio System Eonds~) to be paid back from a por:ion of the fine~ çüllected for moving traffic violations as pr.ovided for in Sectiç>!l 318.21 (10), r'lorida Statutes} however, these funds are not sutticieot to pay for the costs of the Agency Radios; and WHEREAS. the County is willing to advance payment to .fw!otorola for the cost oS of thê .~gency Radios provided that the Publ ic Safety Agencies ag~ee to reimburse the County either by paying their pro rata share of the debt serviee on the Radio System Bonds sized to include thèir radios or to pay the agency's share in a lump sum prio~ to the issuance of the Radio Bonds. NOW, THEREFORE} t}~ County and the District hereby agree and :::O·'U:::13nt Ç)n the te:!::ms and conditions here inafter stated: \ '"--' -1· '......--- '-...-' "'-........- } A r ~ - ;;Ö, "" - ',:. .:;. ¡., E D 1 0 : 3'" A'''' S L C PUB LIe ,:; A FE T Y EO C 41217 4",.2 17?-7 P.03 ~ ....", 1 . GENERAL. This Agreement. is entered in.to pursuant to SecL ion 163 .01, Flot-ida St.at,\..u:e5, the Florida Interloca 1 coopet-a:ion Act. This Agreement. embodies the whole '..lnde~::-standing of the parties. There are no promises, terms, conditions, or obligat.ions çther than those contained therein, and chi.s Agreement shall supersede all previous ~elecommunication6 repre:sentat ions, or agreements, either verbäl or written, between r:he parties hereto. 2. COUNTY. The County shall be responsible for all aspects of the construction and installation of the Radio System through the Motorola Agreement which will include installat.ion of the infrastructure and the purchase of t.he Agency Radios. If requested to do S~ by the Dist.rict, the County agrees to include the cost of the Dist.rict' s share of the Agency Radios in the Radio System Bonds. 3. DISTRICT. The District agrees to reimburse the County from lawfully available sources for all funds advanced by the County to Motorola, Inc. under the Motorola Agreement to pay for the Disr:.rict I s share of the Agency Radios. This amount :~s currently estimated to be three hundred forty five t.housand seven hundred fifly f:ve and nO/100 dollars ($345,755.00) based on 175 radios r~ques~ed by the Dis~rict. The District agrees to reimburse the County either by: (a) paying the County a lump sum and interest at the rate on the debt incurred to finance the purchase of the Agency Radios from the date such debt is incurred; or (b) paying an amount annually to thé County equal to the District's pro rata share of the debt service on the Radio System Bonds sized to include the District I s radios. If the District elects the forme!.' method, payment shall be due to the County within 30 days from a written requést from the County. If the District elects the later method, the District ag~ees to enter into such further agreements as are reasonably necessary for the County I s issuance of the Radio System Bonds. The District shall give the County written notice of its electior. on a method of payment within 14 days ot a written request from the Count.y to provide such notice. Such wr1tten notice shêÜl also confirm the number of J:'adios requested by the District. If necessarYJ any change in the number of District radios will be ] i~sued to M(.)torola as a change oJ:'der to the Mo'Corola Agreement and che amou.nt to be paid to the County by the District \oJ:ll be adjusted accordingly. -2- J.' 1<--"""<"-";'9 ~~E.(I l1ë1: 4";' AI'1 S.LC PLI BL I C SAF ET'r' EOC 4137 4,=,:: 1737 F".ø4 \w'. ....., ~ rrBßM.n'lAT,tmL. This agreement may only be term~nated by mutual ~g~e~m~nt of t~e partieg. '-' 5 . t-1.Q.IIC~ All notices or other communications hereunder shall be in wClting .and shall be deemed duly given if delivered Hl pert30n ot" sent: by certified mail return receipt requested ;;¡nd addre9a~d as fellows: If to County: With a. copy to: St. LUC1~ Coun~y Administrator 21 CO \rirgirlla Avenue ¡ A.T\nex Yort Pierce. Florida 34982 St. Lucie County Attorney 2300 Virginia Ave~u~, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie COtmt.y Pu::)lic Safety Md.nager 2300 Virginia Avenue, Anr.ex Fort Piercê, Florida 34982 Ii to the District: With a copy to: '-,...,." St. Lucie Cc~nty Fire District _._'_._----"-.._~- _._-- ....----.---- ---.-.....------ .-----. -.---.---."-'-'---'--. ~_._- ~-_._-....._-~_.- 6. ~.EI'--IR.f!.-AQREEMENT. This Þ..greement constitutes the entLre ,\gn~errlent between the parties with respect to the sub:iect matter h.=:r.eof and supersèdeG all prier verbal or written agreement boatw~eYl the pa~tles with respect hereto. This Agt'eemf?nt may only be a~end~d by a written document, properly authorized, executed and delJ.ve.ced by the parties hereto. This Agree:'Tient ehall be ir.terpl'e~.!!!d as a whole unit. All interpretations bhall :Oe goverr.ed by t:hl2 l~"ws of the State of Florida. 7 ,PIkING, Tr.is Agreement and any subseq\',ent ame:r.dment.s ~he~eto 2ha11 be tiled witn the Clerk of the Circuit Court of St. Lucie COUJ)ty pursuant to Sect~on 163.01(11), Florida St~tutes. \'-. -3 - ......~ J~N-06-99 WED 10:40 . SLC PUBLIC SAFETY EOC ~7 462 lì?7 P.0'5 '-' -....J ,-.. IN WITNESS WdEREOF I the. parties have caused the f,!xecut.iol1 by their duly authorized officials as of the date stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCI2 COUNTY, FLORIDA BY: Deputy Clerk Chainr.an APPROVED AS TO FOR.~ .AND COaRECTNESS: County Attorney "-'" ATTEST: .) ¡J " ( ) I C{;/[,1Jv·'t.atA-à:~v1;1ÁA'k.'L - -~-~ District Clerk ST. LUCIE COUNTY FIRE DISTRICT ~íYì '¡ . Y'y¿.~.... . BY: \ . ,t.,. 2iÞ~------- Chainnåñ AS TO FORM AND ?r i;t A~ ---- -- c, \.)'''L\!N'I'S:~~_OC\f·lfH:_eCOMHZ WPD ",-,.. -4- ..... .- .. - - AGENDA REQUEST ITEM NO. ,) ~ L- , '-' ....., DATE: January 12, 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: Anita Street - MSBU Parcel 17 - Neal Keys Contract for Sale and Purchase - Drainage Easement BACKGROUND: Attached for your review, consideration and approval is a Contract for Sale and Purchase for a Drainage Easement for the road and drainage improvements for the Anita Street MSBU Project from Neal Keys for $503.00. This drainage easement is necessary to ease and facility the current and proposed drainage improvements for this project. FUNDS AVAIL.: 101001-4115-599300-400 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase for $503.00 plus closing costs, Authorize the Chair to execute the Contract for Sale, instruct staff to proceed with closing and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: J ] APPROVED OTHER: DENIED sAnderson Administrator XX County Attorney: ~ Review and Approvals xx Management & BUdget~ XX Engineering ~'()). if applicable) v PurchaSing:~ XX Finance: xx Originating Dept. ~ Finance: (Check for Copy only, E f f . 5 / 9 6 - .. .. -- '-" -.."",,¡ Gyl PROJECT NAME: St. James Drive PARCEL NUMBER: 26-458-54 CONTRACT FOR SALR AND PURCHASE FOR DRAINAGE EASEMENT THIS AGREEMENT made this -2J- day of lRc. , l~between NEAL S. KEYS, residing at 1911 NE 172ND STREET, N. MIAMI BEACH, FL 33162-3103, hereinafter referred to as SELLER and ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, 2300 Virginia Ave., Fort Pierce, Florida, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase a slope, drainage and utility easement upon that certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. :U~;HASE PRICE AND METHOD OF PAYMENT. The full purchase price is FIVE U RED THREE and noll 00 Dollars ($503.00), Dollars payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the slope, drainage and utility easement granted to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon existing mortgage shall be borne by Purchaser. 3. ABSTRACT AND CI.OSING. Purchaser may obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharge~ by Seller at or before closing. The closing shall be on or before March 31, 1999 at which time all monies due t().;be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered. This is page -1- of A- pages of this ag~eement. Seller hereby initials this page acknowledging that he has read the materi~ltfJ>ntained thereon, including exhibits referred to ther.ein, and understands the contents. -JlA- - - ~ '-' ....,.¡ 4. TITLE. Should Purchaser find on examination of said abstract or commitment that Seller can not grant the slope, drainage and utility easement required in paragraph 5, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to correct and shall have a reasonable time therefore, but not to exceed ---2fL. days from the date of said notification. If such defects shall not be corrected within said time, this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder, or, at Purchaser's option and Purchaser's request, Seller shall grant the slope, drainage and utility easement upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligation to correct defects. 5. GRANT OF RASEMRNT. Seller agrees to grant to Purchaser a slope, drainage and utility easement free and clear of all liens and encumbrances. 6. LIRNS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by Seller. Seller shall make and deliver to Purchaser a Mechanic's No-Lien Affidavit as to realty. 7. RISK OF I,OSS. Seller assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. fr. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. PLACR OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. - 10. ATTORNEY'S FRRS. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 11. MISCRI,LANEOUS. Handwritten provisions shall control all printed provision in conflict therewith, and this contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. - 12. DRED RRSTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. - -' Thisjs page --2- of A- pages of this agreement. Seller hereby initials this page acknowledging _ that he-has read the materipJEontained thereon, including exhibits re. ferred to therein, and understands the contents. ./Y.Á.- - - - '-'" ...", 13. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 14. RECISION. Purchaser may rescind this contract if at the time of closing the Seller is the subject of any insolveòcy, receivership or bankruptcy proceedings, or is deceased. 15. RXTSTING MORTGAGES. S~ller hereby warrants that existing mortgages are now in good standing and Seller further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release ofthe subject property from the mortgage at or before closing. 16. RRFUSAL OF SPOUSE. Failure or refusal of the wife or husband of any one of the Sellers to execute the easement or any other required document, shall be deemed default of the Seller. 17. OFFRR TO SRLL. Seller and Purchaser recognize and agree that by signing this agreement first, the Seller is offering to sell the slope, drainage and utility easement described above to the Purchaser in accordance with the terms and conditions of this agreement. If Purchaser shall fail to approve this agreement within sixty (60) days after Seller signs this agreement, this agreement shall be null and void. 18. COMPI,IANCE WITH ENVIRONMENT AI, I ,A WS. As of and subsequent to the date of this Contract for Sale, the Seller warrants and represents to the Purchaser, its successors and assigns, that to the best of the Seller's knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. Purchaser, at Purchaser's expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, Purchaser shall have the option of canceling this Agreement or Purchaser may elect to proceed with the transaction. 19. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors of the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. This is page -L of A- pages...of this agreement. Seller hereby initials this page acknowledging that he has read the material contained thereon, including exhibits referred to therein, and - understands the contents. -tJ¥. - - ~ ...", IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by purchaser this _ day of ,19_. ATTEST: ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney EXECUTED by seller this -21 day of * ,19!.î 11 .1Jjf"'& (SEAL) ¡;~S. s{ f¡µ--,~ WITNESS (SEAL) This is page -A- of A... pàges of this agreement. Seller hereby initials this page acknowledging that he has read the materiJ~ontained thereon, inclnding exhihits referred to therein, and understands the contents. --=-- G:\acq\WP\DON\ANITAST\ParceI17 - Keys\contract.wpd - '-' ...", DESCRIPTION: DRAINAGE EASEMENT AN EASEMENT FOR DRAINAGE PURPOSE OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTIQN 3, T 36 S, R 40 E, ST. LUCIE COUNTY, FLORIDA. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE 'l'TEST 45.00' FEET OF THE SOUTH 40.00' FEET OF THE NORTH 210.00 FEET; AND THE WEST 20. 00' FEET OF THE SOUTH 100. 00 ' FEET OF THE NORTH 310.00' FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND; "FROM THE INTERSECTION OF THE CENTERLINE OF OLEANDER AVENUE AND SIXTH STREET, RUN EAST 1085' FEET TO THE POINT OF BEGINNING; THENCE NORTH 120' FEET; THENCE WEST 25' FEET; THENCE NORTH 210' FEET; THENCE EAST 175.92' FEET; THENCE SOUTH 80' FEET; THENCE EAST 130' FEET MORE OR LESS TO THE WEST RIGHT OF WAY OF MELVILLE ROAD; THENCE SOUTH ALONG SAID RIGHT OF WAY 20' FEET; THENCE WEST 130' FEET; THENCE SOUTH 230' FEET; THENCE WEST 160' FEET TO THE POINT OF BEGINNING. II SAID EASEMENT CONTAINING 3,798' SQUARE FEET MORE OR LESS. H: \KEYESA -- SHEET 2 OF 2 -- - "-' .....,¡ N I, . ' . /' EAST 175.92' .. o T"" N ::I: t- o:: o 'Z KEYS PARCEL .¡ \\ .. o T"" N ::I: I- 0:: o Z .. o ex:> :r: t- ::::> o (/) .. o T"" I'f') :I: t- o:: o Z C 4: 0 0:: w EAST 130' ...J ...J .. ~ 0 W N ~ WEST 130' 3= """- 0:: l- (/) .. w 0 3= I'f') N :r: t- ::::> 0 (/) WEST 45' 1N1T t.¡ STREET WEST \ 25' a:I: -.:tt- 0:: :r:oa t-ZT"" ::::> N Ou.. (/)0 ( .. o .. N 0 N T"" .. o o T"" POINT OF COMMENCEMENT :r: t- t- (/) w ~ 3= Z) :r: t- ::::> o (/) I I - - _\1 EXISTING 20' DRAIN GE EASEMENT ORB 676 PG. 1969-1971 WEST 1 60 POINT OF BEGINNING CENTER LINE ~ HUNT'S SUBDIVISION OLEANDER AVENUE PLATBOOK 5 PG. 47_______ AND 6th STREET ----..... .,/ THIS' IS NOT A SURVEY , SCALE: NTS FI E LD ' COORD FILE: ANITA DATE 11 -06-98 PROJECT NO. DRAWN BY D.P .G. CHECKED RON HARRIS REVISIONS SKETCH OF 20' DRAINAGE EASEMENT FOR ST. LUCIE COUNTY ENGINEERING DIVISION BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ENGINEERING DIVISION SURVEY SECTION 2300 VIRGINIA AVE., FT. PIERCE, FLORIDA TELEPHONE (561) 462-1707 I I SHEET NO. I 1 ÓF 2 ~.1111( ~ '-' ""wtI ITEM NO. C- 5 A AGENDA REQUEST DATE: JANUARY 12, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION ---ÒtS'I\~~. ~"'- (Donald B. We t, P.E. County Engineer - SUBJECT: Amend Interlocal Agreement with Fort Pierce Utilities Authority and the City of Fort Pierce for Oleander Business Park MSBU .Project BACKGROUND: The term of the original interlocal agreement expired prior to the completion of all its terms and conditions. It is necessary to amend and restate the agreement to provide that unless the agreement is terminated by mutual written agreement of all parties, they will remain in effect until all of the terms and conditions have been fulfilled. The Fort Pierce City Commission and the Fort Pierce Utilities Authority Board have approved and executed the agreement at their regular Board meeting. FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: July 23,1996 - Board approved Interlocal Agreement for Oleander Business Park MSBU RECOMMENDATION: Staff recommends that the Board approve amended Interlocal Agreement with the Fort Pierce Utilities Authority and the City of Fort Pierce for the Oleander Business Park MSBU and authorize the Chairman to sign the Agreement. -~ '-" APPROVED [] DENIED OTHER: y [x]County Attorney ~]P"bI~ Worl<s Dk ~~ [x ]Finance (check for copy only, if applicable) cc: Staff Concurring OMB Manager msbu\oleander\aga-int2. wpd Coordination/Sianatures [ ]Mgt. & Budget []Co. Eng -1~ ( '..I o uglas Anderson County Administrator [ ]Purchasing [x]MSBU Coord ß;p ~ ., " . . . ~ ~ CCJ~ AMENDED AND RE-STATED INTERLOCAL AGREEMENT OLEANDER BUSINESS PARK MSBU THIS AMENDED AND RE-STATED AGREEMENT is made and entered into this day of 19 , by and between st. Lucie County { a poli tical subdivision of the state of Florida (the "County"), the Fort Pierce Utili ties Authority, an authori ty created and established by the City Commission of the City of Fort Pierce, Florida, ("FPUA") and the City of Fort Pierce, a municipality organized under the laws of the State of Florida (the "City") . WHEREAS, FPUA is the governing body authorized to enter into agreements relating to providing service from the water and sewer supply of the City; and WHEREAS, the County has created the Oleander Business Park municipal services benefit unit (the "Oleander Business Park MSBU") as shown on the attached map (Exhibit "A") to fund the cost of providing sanitary sewer and potable water service to properties within the Oleander Business Park MSBU in unincorporated st. Lucie County; and. WHEREAS, on July 23, 1996, the parties entered into an Interlocal Agreement to cooperate in providing sanitary sewer and potable water service to the Oleander Business Park MSBU; and -1- i' \w' ....., WHEREAS, the term ú:: the Interlocal Agreement has expired prior to the completion of all of its terms and conditions and it is necessary to amend and re-state the Interlocal Agreement to provide that unless the agreement is terminated by the mutual written agreement of all parties it will remain in effect until all of its terms and condition have been fulfilled; and WHEREAS, the County intends to apply for- a Florida Small Cities Community Development Block Grant - Economic Development Category (the "Grant") to fund the cost of providing water to a portion of the Oleander Business Park MSBU; and WHEREAS, one of the conditions of the Grant is that the Property remain under the jur1sdiction of the County throughout the term of the Grant, and as may be aciended, and therefore, on April 21, 1998, the parties entered in to an Interlocal Agreement whereby the City agreed not to annex the property wi thin the Oleander Business Park MSBU during the term of the Grant and it is necessary, therefore, to incorporate that agreement into this Amended and Re-Stated Interlocal Agreement. NOW, THEREFORE, FPUA, the City, and the County hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous tel8cGwIDunications, representations, or agreements, either verbal or written, between the parties hereto. -2- .' , \w' ...".¡ 2. FPUA RESPONSIBILITIES. this Agreement are as follows: FPUA's responsibilities under A. FPUA shall design and install or cause to be designed and installed a system including all pipes, services, mains and appurtenances thereto (the "System") necessary to provide sanitary sewer and potable water to properties within the Oleander Business Park MSBU. The design and installation of the System shall be done in accordance with all applicable, standard FPUA policies and procedures. The County reserves the right to review and approve the utilities plans and bid documents before inclusion in the bid package. B. If easelnents are required, FPUA shall attempt to obtain all necessary easements for installation and maintenance of the System. FPUA shall not be required, however, to condemn any such easements or expend funds for acquisition of same. If appropriate easements satisfactory to FPUA are not obtained, FPUA shall have no further obligation under this Agreement. C. FPUA shall administer a proj ect to install the System to include but not limited to awarding the contract for design, construction, inspection during construction, shop drawing approvals, change order approvals, project certification, and production of yecord drawings. D. Upon completion of the System and acceptance of ownership of the System by FPUA, FPUA shall be responsible for the operation and maintenance of the System. E. Prior to the second public hearing to be held by the St. Lucie County Board of County Commissioners pursuant to Section 1-13.5-7 of the st. Lucie County Code of Ordinance to adopt a preliminary assessment roll for the Oleander Business Park MSBU, FPUA shall provide an itemized final estimated cost (the "Final Estimated Cost") for the installation of the System to the County. The Final Estimated Cost shall include the cost of testing, permits, surveying, legal, design, construction, contingencies allowance, construction administration, certification, record drawings, and acquisition of easements for the installation of the System and shall be subject to the approval of the County. Any unexpected costs incurred during the construction and installation of the System beyond the Final Estimated Cost shall be the responsibility of FPUA. -3- '"-,, .." F. If the County does not levy a special non-ad valorent assessment as described below, FPUA shall be responsible for the cost of all design or other work done by FPUA related to the System. The County shall use its best efforts to notify FPUA as soon as possible of any decision not to levy an assessment. Project: G. FPUA shall Inake the following contributions to the 1) One hundred thousand and nO/100 dollars ($100,000.00) toward the construction cost of the Project. 2) Waive its customary 10% Engineering and Construction Fee. 3) Pay the proportionate share of the cost of the Project attributable to those properties which are outside of the boundaries of the Oleander Business Park MSBU, but which will benefit from the Project. Those properties are described as the "Extended Service" area on the map of the Oleander Business Park MSBU (Exhibi t "A"). The above contributions shall be described herein as FPUA's "Contributed Share". 3. COUNTY RESPONSIBILITIES. In the event the County determines at a public hearing to create a MSBU and to levy a non- ad valorem special assessment, the County's responsibilities under this Agreement are as follows: A. The Board of County Commissioners of st. Lucie County, Florida shall act as the governing body of the Oleander Business Park MSBU and shall levy a non-ad valorem special assessment (the "Assessment") on the landowners within the limits of the MSBU to fund the cost of the installation of the System as required for connection to the FPUA water and sewer system. B. The County shall pay to FPUA an amount not to exceed the Final Estimated Cost for the installation of the System, less FPUA's Contributed Share. All other applicable fees and charges for connection to the FPUA water and sewer system will be the responsibili ty of the landowners. Payment by the County to FPUA shall be within 30 working days after the County has obtained funds from the issuance of bonds to finance the project and after the approval of the costs by the St. Lucie County Director of Engineering or his designee. -4- " ~ ...", C. Upon the request of FPUA, the County's Property Acquisition Division shall provide staff qssistance to FPUA for the acquisition of easements necessary for the installation and maintenance of the System. 4. TERMINATION. agreement of all parties, and effect until all fulfilled. Unless terminated by the mutual written this agreement shall remain in full force of its terms and condi tions have been 5. NOTICE OF CITY ANNEXATION REQUIREMENT; AGREEMENT NOT TO ANNEX. The following notice is required by the City and should not be construed in any way as an endorsement of the City's annexation policies by the County. As a condition precedent for connection to the FPUA water and sewer system, FPUA requires all users to sign an annexation agreement whereby the user consents to and requests that his or her property be annexed into the city limits of Fort Pierce whenever such annexation may legally occur and that the FPUA will refuse to allow connection to its water and sewer system unless and until the referenced annexation agreement is signed. This annexation agreement shall be in the form utilized by FPUA, shall be irrevocable and shall be binding on the heirs, successors and assigns of all such users. The City agrees that it will not annex the property within the Oleander Business Park MSBU (Exhibit "A") into the jurisdiction of the City during the term of the Grant including any amendment of the Grant term duly approved by the Florida Department of Community Affairs ("DCA"). The term of the Grant is expected to be two years or until administrative close out is approved by DCA which ever occurs earlier but in no event shall the Grant term be longer than five years. 6. CONSENT TO COUNTY MSBU UPON ANNEXATION. The parties acknowledge that if the Oleander Business Park MSBU is annexed into the City this will result in the existence of a st. Lucie County Municipal Services Benefit Unit within the jurisdictional boundary of the City. Accordingly, the City agrees that if it intends to annex Oleander Business Park MSBU into the City, it will include within the appropriate annexation ordinance a statement that the Ci ty consents to the existence of the Oleander Business Park Municipal Services Benefit Unit within the boundaries of the City pursuant to the provisions of Section 125.01(q), Florida Statutes or other applicable law. -5- . . . . \wi '-" 7. VALIDATION OF BOND AND ASSESSMENT ROLL. A condition precedent to the effectiveness of this Agreement is the entry of a Final Judgment (and the expiration of the appropriate appeal period) by a court of competent jurisdiction validating the issuance of bonds to finance the System along with the assessment roll adopted by the Board (the "Bond Validation Proceeding"). In the event that either a Final Judgment validating the bonds and assessment roll is not entered or an appellate court reverses the Final Judgment, the Agreement shall automatically terminate and the parties shall have no further responsibilities under the Agreement including but not limited to any payments due to FPUA by the County. Notwithstanding the Ioregoing, if either a Final Judgment validating the bonds and assessment roll is not entered or an appellate court reverses the Final Judgment, the County reserves the right to be reimbursed by FPUA for all outside counsel legal fees and costs incurred by the County in the Bond Validation Proceeding as well as in any related appeal. The County agrees to consult with FPUA concerning the expenditure of money for outside bond counsel services related to the Bond Validation Proceeding and further agrees that such expenditure shall not exceed five thousand and nO/100 dollars ($5000.00) without the express written consent of FPUA. The County's right to reimbursement shall survive the termination of this Agreement as described in this paragraph. 8. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: st. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: st. Lucie County Public Works Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to FPUA: With a copy to: Directúr of Utilities Fort Pierce Utilities Authority P.O. Box 3191 Fort Pierce, Florida 34948 FPUA Attorney P. O. Box 3191 Fort Pierce, Florida 34948 -6- -- ., - . '. ~ ...." If to the City: City Manager City of Fort Pierce 100 North U.S. One Fort Pierce, Florida 34950 With a copy to: Fort Pierce City Attorney P. O. Box 3779 Fort Pierce, Florida 33448 9. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amendea by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be Jnterpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 10. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of st. Lucie County pursuant to Section 163.01(11), Florida Statutes. (THE NEXT PAGE IS THE SIGNATURE PAGE) -7- . . ~ 'oJ IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: f\ ~~/ /, ~ /', /\{ Þlf!h~¿W /'-L'r / ) I I FORT PIERCE UTILITIES AUTHORITY BY: OiL LL:~Ll0,L Chairman APPROVED AS TO FORM AND CORRECTNESS: p, -::tor6f:f;¡;:t ATTEST: ~ D,-1Ák- ~, City Clerk BY: APPROVED AS TO FORM AND CORRECTNESS: ."\ /' ~ti~cÎ tiv~~-<47k, ! Ci ty Attorney -8- . ,. ----.:...- .... - ~' """" EXHIBIT "A" Ir~ ~ I £.JJ"'~1f r~ . (II~-::})- :- .II :;¡ :z J¡ ? , . .r J .. J44. ." HLlÞ;r A.A. ...~ c i ","~.l;· 3G :¡~-:..- < "".-6...._6"*' . ¡.) ~ 4' t:l ""'-AU.; )L..rK. r~ 'A'VI$. If .1'(. (er At.) J1 ."/" .., (r.t. -....~~:..e,h) (....OO,,-OOO/oJ j. l......... - 11" ~ ...~. t (ÚI.-~O/O.."./~) t.~...... '...... J..... .'j ....-. ......!,' ï. I ~ I fJ_.~.< ("_~"". If C...,,- >3 t..... ..""'._.,¡..) "..~..,~ .. M..o~....,~. ....~. 'i ~C(..·_. , '1'........ ~. ..~ ~. ;X ! <...t·_'~'_I.) ...."..'" :! _.~. (,....--·..··-1..) 111....,1.00# I f }- · · ) · ~ >~ · l- · }- ~ J~ t , L '" T"ov. P.L. J' ----- / H...c.c:.I'$. "-L~ ! (n,. ../~. .':",) OJ (...0 ......'Y. ...t.,; .~).,(...J .. - ---------- t'......·'..H. .. . <t.....___ ...¡~ 1Ir.,,..., J .:.....« <I " .".... ~6 - ~. ....c... C""l"""" iwt·_a... .7../~! ·..II·~ ~ ---------- H...."t.c:_~. ~.L. .."...t'" (t..o...."",._..¡. ! tc.,. S. C........ I' ,............ (..,. -....-.-1.) .. . ----------- ~ø....os... c. ---...;... '1.......... T...,,..... ~... .J. (,...-...._../.) - - -"~"t:._ ~~'. .'.. ~ 8'1.«t--<t H.......o...rG, Co.o. (4(/. O_Of. _ðð/.) ..".17..... (/.,,3 IV 27 -9- #' .,:: 1 '-" "'-' AGENDA REQUEST ITEM NO. C5B DATE: January 12.1999 TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) p~:. Leo J. Cordeiro Solid Waste Manager SUBMITTED BY (DEPT): SOLID WASTE DIVISION SUBJECT: The reduction of tipping fees at the Glades Road Landfill, of construction and demolition debris, with an effective date of February 1, 1999, and approve Resolution No. 99-33 (see attached). BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Agenda item on March 4, 1998 and denied. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reduction of tipping fees at the Glades Road Landfill, of construction and demolition debris, with an effective date of February 1, 1999, and approve Resolution No. 99-33. o DENIED Dou la Anderson Coun Administrator ~ounty Attorn. . 181 Originating Dept: Review and Approvals 181 Management and Budget: -fJ ¥' ~ I!!I Other: (Landfill) ~ o Purchasing: o Other: o Finance: Check for copy only, if applicable: Attachment ,- I ".¡. \ "'" ês}3 '--' PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM ........................................................................................................ .... ..... .............. .~..................................-.... ........ . ........... ..' ..................J'!........ .......................................................................................................................... TO: Board of County Commissioners Leo J. Cordeiro, Solid Waste Manager e FROM: DATE: January 12, 1999 RE: Reduction of Construction and Demolition Debris BACKGROUND: After the annual review of the cost per ton to process waste materials at the Glades Road Landfill, the cost to process construction and demolition debris remained at less than $13.00 per ton. After our consulting engineer from Camp Dresser & McKee reviewed this data, he concurred that we reduce our tipping fee from $30.00 to $20.00 per ton for construction & demolition debris. This would reduce the cost of construction for all builders in St. Lucie County that use the Glades Road Landfill. In March of 1998, the solid waste staff requested the Board reduce the tipping fee for construction and demolition debris at the Glades Road Landfill. In discussion with the Board in the 1998 meeting, the Board raised concerns as to what effect the reduction of our rate may have on the construction and demolition recycling efforts. After nine months of operation of the recycling facility on Range Line Road, that facility is now closed and filled to maximum capacity. The Department of Environmental Protection is in the process of enforcing a clean up of this facility, which is estimated to be $150,000. The other recycling facility in St. Lucie County is East Coast Recycling. The residue or the material that cannot be recycled from the construction and demolition has to be hauled to an approved landfill. East Coast is presently hauling to either Orlando or Okeechobee at approximately $17.50Iton. Staff now believes that by lowering our construction and demolition debris rate to $20.00Iton, down from the $30.00Iton it is presently at, will enhance the efforts of the C & D recyclers who are disposing of their residue or non recyclable material. Our consultant, Camp Dresser & McKee, has reviewed our tonnages and rates, as they did nine months ago, and concur this has no adverse effect on the debt service coverage requirements of this facility. This reduction will also reduce the cost of new construction in St. Lucie County. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reduction of tipping fees, at the Glades Road Landfill, of construction and demolition debris, with an effective date of February 1, 1999, and approve Resolution No. 99-33. , \ "'- "" RESOLUTION NO. 99-33 A RESOLUTION REDUCING THE AMOUNT OF THE FEE FOR DISPOSAL OF CLASS ill CONSTRUCTION AND DEMOLITION DEBRIS, BUILDING MATERIALS AND PACKAGING MATERIALS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board of County Commissioners has previously established a schedule of fees for users of the St. Lucie County Glades Road Landfill (the "Landfill"), most recently established by Resolution No. 98-32. 2. Revenue savings changes instituted at the Landfill have contributed to a more economically efficient operation of the Landfill and it has become possible to reduce the fees for the disposal of Class III - Construction and demolition debris, building materials, and packaging materials and Class III - Yard Waste - vegetative matter resulting from landscaping maintenance and land clearing activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, the fees for the disposal of Class III Construction and Demolition Debris, Building Materials, and Packing Materials at the St. Lucie County Glades Landfill shall be as follows: Class III - Construction and demolition debris, building materials, and packaging materials: Regular fee Uncovered fee $9&00 20.00 per ton $6&00 40.00 per ton The revised rates set out in this resolution shall take effect After motion and second, the vote on this resolution was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner Paula A. Lewis John D. Bruhn Cliff Barnes Doug Coward Frannie Hutchinson xx xx xx xx xx · \ "-' .....¡ RESOLUTION NO. 99-33 A RESOLUTION REDUCING THE AMOUNT OF THE FEE FOR DISPOSAL OF CLASS ill CONSTRUCTION AND DEMOLITION DEBRIS, BUILDING MATERIALS AND PACKAGING MATERIALS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board of County Commissioners has previously established a schedule of fees for users of the St. Lucie County Glades Road Landfill (the "Landfill"), most recently established by Resolution No. 98-32. 2. Revenue savings changes instituted at the Landfill have contributed to a more economically efficient operation of the Landfill and it has become possible to reduce the fees for the disposal of Class III - Construction and demolition debris, building materials, and packaging materials and Class III - Yard Waste - vegetative matter resulting from landscaping maintenance and land clearing activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, the fees for the disposal of Class III Construction and Demolition Debris, Building Materials, and Packing Materials at the St. Lucie County Glades Landfill shall be as follows: Class III - Construction and demolition debris, building materials, and packaging materials: Regular fee Uncovered fee $3&00 2QJ)Q per ton $6&00 1QJID per ton The revised rates set out in this resolution shall take effect After motion and second, the vote on this resolution was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner Paula A. Lewis John D. Bruhn Cliff Barnes Doug Coward Frannie Hutchinson xx xx xx xx xx I' , \, ~ '-....I PASSED AND DULY ADOPTED this _ day of ,19__ ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ( o '-' ...I AGENDA REQUEST ITEM NO. ~ v.ø DATE: 1/12/99 REGULAR [ ] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT) : Administration Doug Anderson SUBJECT: Application- Advisory Boards and Committee membership BACKGROUND: At the suggestion of the Board, staff has created an application form for County residents to complete if they are interested in serving on a County committee. It has been reviewed by each Commissioner and the County Attorney. At this time, staff is asking for Board approval and will then make it available for those wanting to apply. FUNDS AVAIL PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of the application form. ¡J APPROVED OTHER: DENIED COMMISSION ACTION: PULLED Review and ~provals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 .. \. "-'" "" , St. Lucie County Board of County Commissioners Application for Servin9 on County Boards and Committees Thank you for applying for 0 position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: * Must be a County resident * Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest * Must not be employed by the same businesS entity as other committee members. * Must not already be serving on no more than 3 County committees Note: Some committees have additional requirements, please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resourceS responsibilities may require disclosure of financial interestS. Please complete the following information: 1. PLEASE INDICATE THE COMMITTEE(S) YOU ARE INTERESTED IN:(SEE LISTING ON REVERSE SIDE) 2. NAME: PHONE: 3. HOME ADDRESS: 4. WHICH COMMISSION DISTRICT DO YOU LIVE IN? 5. BUSINESS/OCCUPATION 6. BUSINESS ADDRESS: PHONE: 7. BRIEF RESUME OF EDUCATION & EXPERIENCE:(please attach resume) 8. DO YOU CURREN11...Y SERVE ON A COUNTY COMMITfEE(S). IF SO, PLEASE LIST: 9. WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) INDICA TED? 10. WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) 11. COMMENTS: SIGNA TURE: DA TE: APPUCA TION WILL REMAIN EFFEmVE FOR ONE YEAR Submit to:St. Lucie County Administrator's Office 2300 Virginia Ave. Ft. Pierce, FI. 34982 Phone: 462-1453 '-' ...",¡J ~ " ~ ST. LUCIE COUNTY ADVISORY BOARDS AND COMMITTEE CITIZEN APPOINTMENTS A V AILABLE I, Beach Preservation Task Force Board of Adjustment Central Florida Foreign-Trade Zone, Inc. Children s Services Council Citizen's Budget Development Committee Code Enforcement Board Community Development Block Grant Citizen's Advisory Task Force Contractors Certification Board Cultural Affairs Council Emergency Medical Services Advisory Council Environmental Hearing Board FI. Dept. of Children and Family Services Nominating Qualifications Review Committee District 15 High Speed Rail Advisory Commission Historical Commission Housing Finance Authority Investment Committee Library Advisory Board Planning & Zoning Commission/Local Planning Agency St. Lucie County Recreation Advisory Board Seaport Advisory Committee Tourist Development Council Treasure Coast HêalthCounc~~,:Iné.' ~.',-.~~ .,.. ',_ . ,., " Treasure Coast Regional Economic"District/OverallEeönomic Development Program. ., Committèé-·'h ..-- '- '.-.. .... d -._" ____.. ,.. '.'., . _ ...~..h __ "'__ '.' __. _._. -;-...,." . . <'..... '.s /t. ¡' .~4: '-' AGENDA REOUEST ....." ITEM NO. C-7 DATE: January 12, 1999 REGULAR [ PUBLIC HEARING TO: BOARD OF COUNTY COMMISSIONERS CONSENT [ X ] PRESENTED BY: SUBMITTED BY (DEPT) : Leisure Services-Tourism Division Gayla Barwick SUBJECT: MBI Advertisinç Invoices BACKGROUND: MBI Advertising 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 $14,692.43 for December represents cost for the following: $13,534.50 $ 366.25 $ 141.68 $ 32.50 $ 338.75 $ 278.75 Media - Newspaper/Magazines Fees Expenses Ad production for Florida Travel Ad production for U.K. Golf Supplement Ad production for Florida Travel Agent Guide Request approval for payment on the invoices for the month of December in the amount of $14,692.43. The invoices have been reviewed in detail by Tourism Staff. Packets with supporting material are available in the Tourism Department for review. FUNDS AVAIL. (State type & No. of transaction ~ N/A) : PREVIOUS ACTION: RECOMMENDATION: The Tourist Development Council and staff recommends Board approval to pay the attached invoices. 7SION ACTI9N; [ . APPROVED [ [ ]. OTHER: DENIED - derson Administrator Review and AÐDrova1. Coon'y A""rooy' ~ M.n.g...n' , Budg", Originating DePt~ Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: WP\FORM\MBIAGREQ \.; ...¡ - ~ '-'" AGENDA REQUEST ...." ITEM NO. c-aA _ DATE: REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Resolution # 99-29 Amending Budget Resolution 98-280 BACKGROUND: Budget protocol calls for budgets to be stated in whole dollar amounts, with pennies rounded up. When Budget Resolution #98-280 was prepared to recognize contributions by the City of Port St. Lucie for work associated with utilities on the South 25th Street project, the resolution was inadvertently stated in exact ($57,702.09) rather than the nearest wole doller ($57,793) terms. Resolution #99-29 corrects the amount to whole dollar terms. ",. FUNDS AVAILABLE: See attached Budget Resolution 99-29 PREVIOUS ACTION: September 22, 1998 - The Board approved change order # 3 November 3, 1998 - The Board approved Budget Resolution # 98-280 RECOMMENDATION: Staff recommends the Board approve Budget Resolution # 99-29 correcting the amount to be budgeted. COMMISSION ACTION: [j APPROVED [] DENIED [ ] OTHER: E: ~ County Attorney: XX coordination/Sianatu~:s. / Management & Budget: XX ¿w' Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) G:\budget\garylres_ amds\ \'\2_ S25th. wpd \.; 'wi / ..... RESOLUTION NO. 99-29 ....., , C~~ A RESOLUTION AMENDING RESOLUTION NO. 98-280 TO CORRECT SCRIVENER ERRORS IN THE REVENUES AND APPROPRIATIONS FUND NUMBER WHEREAS, the St. Lucie County Board of County Commissioners has made the following determination: 1, On November 22nd, 1998, the St. Lucie County Board of County Commissioners adopted Resolution No. 98-280 which appropriated funds for fiscal year 1998-99 for reimbursement from the City of Port St. Lucie for work associated with the South 25th Street Phase II project in the amount of $57,702.09. 2. Due to scrivener errors in the Revenues and Appropriations Fund Number, it is necessary to amend Resolution No. 98-280. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners: 1. The Revenues and Appropriations Fund Number in Resolution No. 98-280 are hereby amended to read as follows: REVENUES 101001-4114-337510-4109 City of Port St. Lucie $57,703 APPROPRIATIONS 101001-4114-581085-4109 City of Port St. Lucie $57,703 2. In all other respects, Resolution No. 98-280 shall remain in full force and effect. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis Vice Chairman Cliff Barnes Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 12th day of January, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G: Ibudgetlgary\res _ amdsl l' 12_ S25th. wpd , ~ ~ , " ./ -,,-, AGENDA REQUEST ...., ITEM NO. C-8-B DATE: 1-12-99 REGULAR [ PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Approval of budget amendment for purchase of laptop computer by OMB. BACKGROUND: OMB needs to replace a 386 laptop that does not have sufficient capacity to effectively use the computer applications now in use in the office. Sufficient funds are available within the approved budget to cover the acquisition of a replacement laptop that will meet current needs. This action requests approval for the acquisition of the equipment and the associated transfer of funds from within the existing approved budget. FUNDS AVAILABLE: Funds will be made available in account #001-1301-564000-100. PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board of County Commissioners approve equipment request #99-195 and budget amendment # BA 99-107. [J [ ] APPROVED OTHER: [ ] DENIED oug Anderson C unty Administrator COMMISSION ACTION: County Attorney: Coordination/Sianatures Management & Budget: XX ¥ Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) - .. \.l \wi " "', ~ \ Q S....IC.. ..... \\Otfoa\0 -'I ,.."" < . <:-4,;) ~..:> ,:.flJ 0'ð~ ÙSÞ- (j '?" 0}' ',ø .~~ I{v ß'\ :f .éi.. .,1",1:,6 ^ÚO\e " .::." ~ 4"" ~ ø v. .., ~ l' , Ú\et S'IS e ~l·"Æ GO~\1 . ..fþ ~o(. .I.<\e\ (lJ o.ùo....e Ó 'òùu";) e(\\ 'ð.(\ ~'ð.(\'ð.~e~ ...., ()'\ \()1 \~~ Q30te QÜote O,\..~ <ø91?JO'lOð.'!.'!. .., J" vv ~ t, ~, St. Lucie count}~Automated Services 'jGG \Jirgilìia ~Ile ort Pierce, Fl 34~: 2 USA ...." c~ elephone: 5';31/462-1681 ,.. Computer System Quote Quote Date 01107/99 89901043301-A .. Quote For: Management and Budget 2550.00 2550.00 1 MISC MS Office 97 for Win95 Lic 223.86 223.86 WPOFFSUITE8 Wordperfect Office Suite 8.0 180.00 180.00 Laptop for Harvey. Office 97 for Budget office. Total Order This is a quotation for the items requested. To initiate purchase of the items, 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. Print Date: 01/07/99 1 :55 PM Customer Original Page 1 \..I , ..",¡ ~ '" tAE~"t F-EQÚES"t YV G~\ ~tA~~O ~. Ó 'ðùÓge\ lO~'ð) ~ e"\ a" ~3"age'" ~1' 1~~' 0\101199 %~~: ~J~J~a ~ . -~ v de.~1' Re.aue.s1' r'.· t\,.PE't þ..tj\ENP'" " and Budget lOtJIBJ t-J\anaget1\en ,~1MEN1: Q~~t" , I .. ~&OSðs . FI ~ lJJeu QE..L ~l SUQ \fW~ efJqa ~DVUl::'~ v v f' ...... '" 6. GET AMENDMENT REQUEST F( M ,...,. -....II f , REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: Management and Budget (OM B) 01/07/99 01/12/99 '~1111~~i~i¡¡U~~¡ m~:~ét@¡¡¡¡¡¡¡¡¡¡AMºº.¡¡¡¡¡¡¡¡: TO: 001-1301-564000-100 Machinery and Equipment $2,954 FROM: 001-1301-531000-100 Professional Services $2,954 REASON FOR BUDGET AMENDMENT: Replacement laptop computer does not have the capacity to use the computer applications that are now in use in the OMB office. The funds are available in the current approved budget for the purchase. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: --V BUDGET AMENDMENT #: 99-107 DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN eff. 10101/94 '-' \wi - " ~ 1" tJ) 0::: W zen Oenen "en ü)OCen tJ)~,,"" ~;Ñ ~«;: Ow 0::: 0>« >..J::;) I-«Z ZO« ::;)tJ)'"') O¡¡: 00:::" u..OW Ou..~ 01-0 O:::tJ)1- «WtJ) O::;)w ala::;) ~~g ZI-O::: ::;)Z« OWo O~Z we:w -::;)C) 00« 3w ~ tJ) CI) ~ C L1I C Z L1I :E :E o o L1I 0:: I- UJ (!) g en ~ 0::( I- ~ ~ (!) ~ ~ ... Z L1I :E ~ cr: Q. W C ffi ¡.;;; ;:) ~ o o tl. ~ tl. 5 .:.: z L1I :E Q. 5 o L1I ~ ....; (1) .g> =:3 .0 "0 ~ e (1)& I/) ~ =:3 (1) .~:S (1) :> .S ~-'= 0:- Q) § If: (1)~ 0.0 -~ :>..:::: ~~ ~ ~ g.~ o ~ -CI) e::"O .92 e:: ~~ =:3 e:: I/) (1) (1) '(3 :>!t: ~ =:3 -'=C/) - o . e:: Q) ~~ .go -Q) ~:S Se:: I.- '- (1) Q) - CI) =:3 =:3 ~.s 8 ~ g.c:: -II) Q.c:: ~ .0 ..0:: (0 ~ to .0 C\')..::::: I.- Q. .eg. - l.- e:: (1) (1)- E =:3 ~~ ~8 g.Q) a:::S o o ~ è o o ~ <0 10 I ~ o C") ~ I ~ o o ö: L1I m :E :J Z I- Z :J o (,) (,) c:t 10 Q) ~ I Q) Q) c UJ ~ o L1I 0: I- Z L1I :E a. 5 o L1I .. z o ~ o ü: i= fn :J u \"J ·r -. - '-' """" ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA January 12, 1999 1. MINUTES Approve the minutes of the meeting held December 8,1998. CONSENT AGENDA 1. W ARRANTS LISTS Approve Warrants Lists No. 11, 12, 13, 14 and '~~. 2. MOSQUITO CONTROL Contract Renewal- Consider staff recommendation to approve the proposed annual renewal of the agreement with Aeration Industries International, Inc., for aspirating aerators and authorize the chairman to execute the Agreement. 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. - - \.f "'" ~ -.,-".-.-- .- ~ .....,¡ .,...., MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 8, 1998 Tape: 2 Convened: 11 :38 a.m. Adjourned: 11 :39 a.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; Dan McIntyre, County Attorney; Ray Wazny, Community Development Director; Bill Blazak, Utilities Director; Jack Doughney, Leisure Services Director; Harvey Lincoln, M & B Manager; Jim David, Mosquito Control Director; Deputy Nickel; A. Millie Delgado, Deputy Clerk 1. MINUTES ( 2-2500) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held November 17, 1998; and, upon roll call, motion carried unanimously. 2. CONSENT AGENDA (2-2600) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. The District approved Warrant List Nos. 8,9, and 10. 2. COUNTY ATTORNEY Indian River Lagoon- The District approved the first amendment to the Cooperative Agreement with the South Florida Water Management District and authorized the Chairman to Sign. There being no further business to be brought before the District, the meeting was adjourned. 11:39 a.m. Chairman Clerk of Circuit Court \....I \wi \wi CONSENT AGENDA .. ! ...,. .-,'- '..-"-' - - -.-. 12/14/98 ~ LUCIE COUNTY - BOARD ...,..¡ PAGE 1 FZABTJARR TJARRANT LIST #11- 05-DEC-98 TO 11-DEC-98 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 25,303.97 22,227.12 145808 Impoundment Restoration VII 29.70 0.00 146 Mosquito State I Fund 1,596.80 0.00 GRAND TOTAL: 26,930.47 22,227.12 12/18/98 ~LUCIE COUNTY - BOARD ....., PAGE 1 FZABYARR YARRANT LIST #12- 12-DEC-98 TO 18-DEC-98 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 49,279.79 1,325.18 145809 1998 IRL License Plate 10,547.00 0.00 GRAND TOTAL: 59,826.79 1,325.18 ~.~~,., , 12/28/98 ~ LUCIE COUNTY - BOARD ...", PAGE 1 FZABVARR VARRANr LIST 1113- 19-DEC-98 TO 23-DEC-98 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 1,668.67 20,781.29 145808 Impoundment Restoration VII 496.00 0.00 GRAND TOTAL: 2,164.67 20,781.29 t . -..- ~ ~-... 12/31/98 ~ LUCIE COUNTY - BOARD ..J PAGE 1 FZABVARR VARRANT LIST 114- 24-DEC-98 TO 31-DEC-98 FUND SUMHARY- MOSQUITO ,:J FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 1,935.24 0.00 145808 Impoundment Restoration VII 267.85 0.00 ~ GRAND TOTAL: 2,203.09 0.00 ........~ 01/08/99 ~LUCIE COUNTY - BOARD """ PAGE 1 FZABVARR VARRANT LIST #15- 01-JAN-99 TO 08-JAN-99 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 12,534.50 20,248.57 145808 Impoundment Restoration VII 81.12 0.00 GRAND TOTAL: 12,615.62 20,248.57 ., , 'w' ....." AGENDA REOUEST ITEM NO. C-'L DATE: January 12, 1999 REGULAR [ PUBLIC HEARING CONSENT [ X ] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: rJ SUBMITTED BY(DEPT) Mosquito Control James R. David SUBJECT: Agreement with Aeration Industries International, Inc. (aka Aeration Industries) for Aero II Series II Horizontal Aspirating Aerators and Aerator Parts BACKGROUND: The Board previously approved Agreement No. C97-10-137 with Aeration Industries on an annual renewal basis. Aeration Industries is a sole source for complete Aero II - Series II Horizontal Aspirating Aerators and parts for same. A bid for aerators was originally awarded to Aeration Industries on the basis of low bid for a design which they are the sole source for replacement parts and for which they are the sole proprietor of a design which is uniquely suited to our salt water environment. FUNDS AVAIL.: 145-6230-546000-600 Equipment Maintenance PREVIOUS ACTION: Board approved original Agreement No. C97 -10 -13 7 which allows for annual renewal RECOMMENDATION: Staff recommends that the Mosquito Control District Board approve the proposed annual renewal of the agreement with Aeration Industries International, Inc., and authorize the chairman to execute the Agreement. APPROVED OTHER: DENIED sAnderson y Administrator SIaN ACTION: ;,. - :~: f":-'. : Management & Budget ¿mgd70 -- ...-. Other: t-- /. v:, {ì'< .n: ':CJ _f"rt. f!\.9 F:nan, e: '-=he,~k. tCI Copy only, Review and Approvals üther: if appllcable!___ 2tf. /~é . ~ '-' ""'" Aeration Industries International Inc. po. Box 59144 . Minneapolis, MN 55459 . USA ' . AIRE.02" December 21, 1998 James R. David SLC Mosquito Control District 3150 Will Fee Road Fort Pierce, FL 34982 Re: Purchasing Contracts Mr. David: On behalf of Aeration Industries I would like to thank you for your interest in and loyalty to our products. Per your request, I have enclosed the four signed, and witnessed documents for further processing. Please call if you have any further questions or if there is anything else that we could do to be of assistance to you. Sincerely, r;;;¡ Bill Merkes Aeration Industries International, Inc. Rr('r1i n-.~. C. v:- : ',,' ;.- ¡ ; r -~.'~::~ I . ¡ DEC 2 8 /998 ICCl.:Jï'r)"¡ , '------ ; ~ <, .~.', .... ." '.. .... ~-- i t...~~~_v~_: 4100 Peavey Road· Chaska, Minnesota 55318. USA Telephone: (612) 448-6789· e-mail: aiii@aireo2.com. Facsimile: (612) 448-7293 '-" ....., - CONTRACT TillS CONTRACT, made this day of 1998, between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a Political Subdivision of the State of Florida, hereinafter called the "District", and AERATION INDUSTRIES INTERNATIONAL, IN C., a Minnesota Corporation or his, its or their successors, executors, administrators, and assigns hereinafter called the "Vendor": WITNESSETH: 1. PURPOSE That Vendor agrees with District that pursuant to the terms and conditions of this Contract and the "Aerator & Parts Pricing for Long Tenn Supply Contract" memoranda from the Vendor dated April 1, 1997 hereinafter referred to as the "Price List", attached hereto and incorporated herein as Exhibit "A". The prices set forth in Exhibit "A" shall apply through the period of March 31, 2000. Any conflict between the tenns and conditions of the letter and the tenns and conditions of this Contract, shall be interpreted in favor of this Contract. No guarantee is given or implied by the District as to what quantities will be ordered by the District during the tenn of this Contract. 2. DELIVERY OF GOODS AND PA YI\tffiNT TO VENDOR Vendor shall deliver shall deliver all items purchased under this Contract as set forth to the District's office located at 3150 Will Fee Road, Fort Pierce, Florida 34982. The District shall make payment to the Vendor within thirty (30) days of the date of receipt and acceptance by the District of an invoice for the delivery. Payment to the Vendor shall be based on the unit prices set forth in the Price List. 3 . CONTACT PERSONS The Contact Person for the District is Jim David, Mosquito Control Director at (561) 462- 1692. The Contact Person for the Vendor is Bill Merkes, Project Support Specialist, at (612) 448- 6789. The parties shall direct all matters arising in connectj.on with the perfonnance of this Contract, other than invoices and notices, to the attention of the Contact Persons for attempted resolution or action. The Contact Persons shall be responsible for overall resolution or action. -1- '-' '-II ~ The Contact Persons shall be responsible for åverall coordination and oversight relating to the ~ ~ performance of this Contract. 4. WARRANTY Vendor shall warrant all items delivered under this Contract to be free from any and all defects for a period of one year from the date of delivery to the District. Service calls and materials to repair such items delivered under this Contract shall be provided at no cost to the District for a period of one (1) year from the date of delivery of the System. 5. TAXES The District is exempt from the payment of all sales, use and like taxes. The District's tax exempt number shall be shown on all purchase orders. 6. TERM The term of this Contract shall begin on January 31, 1999 and shall continue through and including March 31, 2000. The term of the Contract may be extended for additional one year periods upon such terms and conditions as agreed upon by the parties. 7. 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 in default ten (10) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the ten (10) calendar day time period. this. Contract: With regard to the Vendor, the following items shall be considered a default under (1) Failure to make complete deliveries within the promised time. (2) Unauthorized substitution or delivery of goods deemed by the District to be inferior. (3) Inâbility of the Vendor to fulfill the terms and conditions of this Contract. -2- '-' ....., 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. 8. INDEMNITY To the extent of the insurance requirements set forth herein, the Vendor shall and will indemnify and hold hannless the District from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with this Contract except for injuries, damages or claims which are the result of the primary negligence of the District, its agents, servants, or employees and for which the District is legally, directly, and primarily liable. The Vendor hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. 9. INSURANCE The Vendor shall procure and maintain during the life of this Contract, insurance of the types and subjects to the limit set forth below. The Vendor shall also provide the District with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the District's approval for adequacy. A. WORKER'S COMPENSATION The Contract 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 Workmen's Compensation law for all employees of the Vendor. The Worker's Compensation insurance policy required by the Contract shall also include Employer's liability. B. GENERAL LIABILITY The Vendor shall maintain during the lifetime of this Contract regular Comprehensive General Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of bodily injuries and property damage during the policy period. C. COl\1MERCIAL AUTO LIABILITY The Vendor shall provide and maintain during the life of this Contract, at his, its or their own expense Commercial Liability Insurance on an occurrence basis for a minimum -3- '-' ....., combined single limit of $500,000 per occurrence, for claims of bodily injury including death, property damage and personal injury. 10. AUDIT The Vendor agrees that the District 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 examine any directly pertinent books, documents, papers, and records of the Vendor involving transactions related to this Contract. The Vendor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Vendor shall refund by check payable to the District 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 years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Vendor 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 District in conjunction with this Contract. 12. ASSIGNMENT Vendor shall not assign this Contract to any other persons or firm without first obtaining District's written approval. 13. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to District: With copies to: St. Lucie County Administrator 2300 Virginia Ave. Administration Annex Fort Pierce, FL 34982· St. Lucie County Attorney 2300 Virginia A venue Administration Annex Fort Pierce, FL 34982 Mosquito Çontrol Director 3150 Will Fee Road Fort Pierce, FL 34982 -4- '-' """" If to Vendor: Aeration Industries International, Inc. Post Office Box 59144 Minneapolis, Minnesota 55459 14. 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. 15. CONFLICT OF INTEREST The Vendor 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. The Vendor further represents that no person having any interest shall be employed for said performance. The Vendor shall promptly notify the District 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 Vendor'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 Vendor may undertake and request an opinion of the District as to whether the association, interest or circumstance would, in the opinion of the District, constitute a conflict of interest if entered into by the Vendor. The District agrees to notify the Vendor of its opinion by certified mail within thirty (30) days of receipt of notification by the Vendor. If, in the opinion of the District, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Vendor, the District shall so state in the notification and the Vendor 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 District by the Vendor under the terms of this Contract. 16. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manper from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs -5- '-' ......, and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 17. MEDIATION In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 18. INTERPRETATION: VENUE This Contract constitutes the entire Contract between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Contracts 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 to 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 District has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: . ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -6- ATTEST: SECRETARY ~ ~ G:IA TIYIAGREEMNT\AERA TION.MCD ..., ~ AERATION INDUSTRIES ERNATIONAL, INC. (SEAL) Sub:;-=rjb~d ?nd swc~"t~ ~efo.r. :$;( .this .(;4-1- day of . '1~ 1JJf4t~ tJ .1Ä¡¿ .Aa....----...---___.__.._~ ~ Ie'" MÃÃLEÑ~-~~.-~.--: ...ëR I . .... NOrARYPU8U': ,;""j,ESOTA . .. u,Carnm. Expires Jan. 31. 2000 .a·~~1Þ;^.....~·....J..A~~.....JA-"", -7- '.--- , ...... ~ ...... ....., ~ facsimile TRANSMITTAL .' re: JIm Da.vid (St. Luåe Mosquito Control) . 561/462·1565 AERATOR & PARTS PRIONG FOR LONG TERM SUPPlY CONTRAcr April!. 1997 2 pagc(3) total, including thi" cover "heet to: fax#: - - date: pageJ: Listed below is pricing for :ler:ltors :lnd p:ut.s, which .Aer~tion Industries will honor until March 31 '" 200Q. ProdUct. # Descr1otion Co~t/ Cd. _':" 510-863 Aera.tor, (complete with flota.tion) $1,072.50 3HP 1 PH 208/230V 60 Hz 234-115 3HP Pru!:,cllCllDi[f~<::l 101.64 213-055 Bearing (dclrin) 46.67 330-067 Housing 1 13.30 239-133 3HP Shaft 177.10 232-383 Motor 3HP l.PH 208/230V 60Hz 543.40 336-022 Pontoon &sembly 113.30 25o-m; 1 Mounting Plate "i 7 .59 250-084 Mount.ing Plat~ (cov~) 29.46 249-021 Back-up Howing Ring 11.33 240-032 Vortex Shield 33.99 250-082 Sp:lCer 1.03 224-021 Caution Decal 0.65 215-313 5/16" hex scmv 2.58 215-051 5/16" flat W2Sh~r O.?/Í 215-102 5116" SS LockllUL 0.62 215-312 H~x head screw 0.77 215.153 1/4" Set scr~ 1.29 / / - EXHIBIT "A" .. ~FP -~j: -. ":'--=-_..13 ::2 . : L': . page 2 215-318 215-026 215-066 215-104 215-306 215-325 215-068 W" 5/8" Shoulder scrl!W 3/8" 55 Lockwashcr 3/8" Hex head ~w 3/8" FI~t \Ahsh~ I lex head screw 5/16" Hat washer 5/1 ó" Hr:x: htt:¡'; ~crrw TEL r~:61244831Ø2 -.....I :; 1 38 P04 .. 6. J R 1.03 0.82 1.03 0.52 0.62 0.46 ~rt.~ nmc-r.; Tc-r.dv~rl hy ] 0:00 am can be shipped out sam~ day on stock i~ms. Ii you havc any questions, please call me at 800/328':8287 or f:lX. to 612/448- 7293. _-B~t r~ards Bill Merw - From the de~k. of... Bill Mertes Aeratior. Industries International, Inc. 4100 Peayoey ~ O1aska. MN 55318 (612) ++8. 6789 Fax: (6/2) +W·7293 - '-' ...., ST. LUCIE COUNTY ENVIRONMENTAL CONTROL BOARD BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA January 12, 1999 1. MINUTES Approve the minutes ofthe meeting held November 17, 1998. 2. ADMINISTRA TION Environmental Control Hearing Board- The Board is asked to fLll one vacancy on the Environmental Control Hearing Board with a local citizen. 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 ofthe 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. - '-" "-" ENVIRONMENT AL CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 17,1998 Tape: 1 Convened: 9: 1 0 a.m. Adjourned: 10:16 a.m. Commissioners Present: Chairman, John D. Bruhn, Cliff Barnes, Paula A. Lewis, Doug Coward, Frannie Hutchinson Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator, Dan McIntyre, County Attorney; Jack Doughney, Leisure Services Director; Paul Phillips, Airport Director; Harvey Lincoln, Management & Budget; Chris Hartley, Finance Director; Don West, County Engineer; Charlie Bicht, Purchasing Manager; JoAnne Holman, Clerk of Circuit Court; Deputy Williams; A. Millie Delgado, Deputy Clerk REORGANIZATION A. ELECT THE cHAIRMAN The Clerk of Court presided and called for nominations as Chairman of the Environmental Board. It was moved by Com. Bruhn, seconded by Com. Barnes, to nominate Com. Coward as Chairman of the Environmental Board; and, upon roll call, motion carried unanimously. At this time the Chairman presided and called for nominations as Vice Chainnan of the Environmental Board. It was moved by Com. Bruhn, seconded by Com. Lewis, to nominate Com. Barnes as the Vice Chairman of the Environmental Board; and, upon roll call, motion carried unanimously. Recess- 9: 11 a.m. Reconvened - 10:15 a.m. 1. MINUTES (1-2833) It was moved by Com. Bruhn, seçonded by Com. Barnes, to approve the minutes of the meeting held November 14, 1998; and, upon roll call, motion carried unanimously. ADMINISTRA TION- (1-2836) Environmental Control Hearing Board - It was moved by Com. Hutchinson, seconded by Com. Bruhn, to delay this appointment until the next meeting; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned at 10:16 a.m. Chainnan Clerk of Circuit Court '-' ....., AGENDA REQUEST ITEM NO. 2 DATE:l/12/99 REGULAR [xx ] PUBLIC HEARING CONSENT [] TO: ENVIRONMENTAL CONTROL BOARD PRESENTED BY: SUBMITTED BY (DEPT) : Administration Doug Anderson SUBJECT: Appointment to the Environmental Hearing Board BACKGROUND: At the November 17, 1998 meeting of the Environmental Control Board, the Board requested delaying the filling of a vacancy on the Environmental Hearing Board until the next meeting of the Environmental Control Board. Since this Board only meets quarterly, the January meeting is the next one. ~ The vacancy on the Hearing Board is to be filled by a local citizen. Mr. ~ Slay has submitted some background information on himself and indicated an interest in serving on this Board. FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: Staff recommends filling the vacancy on the Environmental Hearing Board with a local citizen. ~O~:::O:::¡ON; ] DENIED [ ] OTHER: ~ ~y Slay Appointed. .-.. .- D u as M. Anderson Cou ty Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: ...... ~ ... .'-'. ~~ ~'ßL .,..... . FM:ROBERT L. SLAY 203 S. 29TH ST. FORT PlERCE.FL 34947-3619 (561) 464-0597 TO: PATTY - SUBJ.: ENV1RONMENT Ai. PERSON 1. T Al.KED TO PEARL MILLER TODAY AND SHE SAID THAT YOU REQUIRED A PER..."ION FOR A VOLUNTARY POSITION ON THE ENVIRONMENT. CALL NUMBER SHE PROVIDED AND WAS REWARDED WITH A COMPUTER QUERY. SO HERE IS MY TYPED REPLY TO YOOR REQUEST..PLS ADVISE YOUR REQUIREME'ITS AND I W1LL TRY TO ASSIST YOU. A LITTLE ABOUT MYSELF }'ORT PIERCE NATIVE SINCE 1945..ARRIVEO FROM LONDON, ENGLAND BIRTHPLACE) GRADUATED FROM D~fHS...l964.. SERVED iN USN fROM 1964-1968, 1971-1988..R1vll US!' RETIRED RUNNING F Af\ffiS BUSINESS.. SPORTFISHERMAN.. SINCERELY, ROBERT L. SLh Y