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Home My WebLink AboutAgenda Packet 02-09-99 " '-' FEBRUARY 9, 1999 -..,,¡I WELCOME BOARD OF COUNTY COMMISSIONERS MEETING AGENDA GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HRARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, 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. ADDRRSSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MRETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FI. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. '" v -..,,¡I ßOARD OF COUNTY COMMISSIONERS www.stIucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA February 9, 1999 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held February 2, 1999. 2. PROCLAMA TION/PRESENT A TION A. Resolution No. 99-48- Proclaiming February 14, 1999 as "Bobby Valentine's Day" in St. Lucie County. B. Introduction- The County Administrator will introduce the new Personnel/Training Manager, Henry (Hank) Dufour. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS COUNTY ATTORNEY SA. Resolution No. 99-31- Consider staffrecommendation to approve the resolution consenting to the transfer of control of the cable television franchise from TCI to AT&T and authorize the Chair to sign the resolution. .- 5B. Resolution No. 99-42- Consider staff recommendation to approve the resolution consenting to the transfer of control of the cable television franchin!~ ~T&T to Media One and authorize the Chair to sign the resolution. (~'"" j. .-~ ~ '/Ü ~ / '2- 3. 5C. Yanaros-Byrd vs. St. Lucie County- Consider staff recommendation to approve the settlement 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 swom in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. r' v ....",., REGULAR AGENDA FEBRUARY 9, 1999 PAGE TWO fI II .r c/.- r ,...... Y----- 3~ ¿~vl'2> A. A venue D Funding- The Board is asked to provide direction regarding the City of Ft. Pierce's request for additional funding in the amount of $572,430. (This item is being re-agendaed from January 5, 1999) 6. PUBLIC WORKS-- ß 5'Î 2-1 c¡ '3 ó 7. B. C & D Tipping Fees- The Board is asked to discuss the recent changes in tipping fees for construction :.~d demolition. ~ !Z¿f ~ ;TO ~ 3 ð. IldCNJ" .-. ,r l/,Qi-I(/hI'L ~.':: rv ~ ~ 'f /r r ð o....C~~~ 7Þ/~< ADMINISTRATION G¿.? Sþ~ /--.:> c~-,.,L7 ¡"~r- ~-?~ C ~ -rl-.-- C, Ý-J/'f Restudy Joint Coordination Committee- Consider staff recommendation to either agree to direct County staff to work with the, exis~ng local water quality groups or re, formulate the Restudy Committee utilizing Coun~~~s and organizati?ns to support the Restudy effort. fi;l'~'" (j"-£ ¡43 L--u ",1-; ~-~.,....--. r..f<-.e- ~ h,~{. /2¿å,.oc!--/;' ê - ~ chíÍNTY ATTORNEY ~._G /0 .Æ:..~'- þJ- ~ ~þ'/1 ~<--~"; h North Fork "Save Our Rivers" Project- Consider staff recommendation to approve acquisition ofthe Barker Parcel FGI00-015, authorize the Chairman to execute the Agreement For Sale and Purchase and direct staff to close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between the South Florida Water Management District, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and St. Lucie County. . Æ (L4.-- fJL ¿o---4 éj-/,&"'f~ /)/J&~ 8. r '-" 'wi CONSENT AGENDA February 9, 1999 /., (1., WARRANTS LIST >,j Approve warrants list No. 19. 2. PUBLIC WORKS Road and Bridge- Consider staff recommendation to approve the purchase and installation of a traffic signal control cabinet at Midway Road and U.S. 1. 3. PURCHASING A. Permission to advertise- Consider staff request for permission to advertise a request for qualifications for a Transportation Contractor. B. Horatio Grisby Field #1- Consider staff recommendation to approve the request to piggyback the Jacksonville bid for sports lighting from Musco Lighting in the amount of $29,206. 4. MANAGEMENT AND BUDGET A. Resolution No. 99-45- Consider staff recommendation to approve the budget resolution appropriating $412,810 from a grant-in-aid from the Office of the State Courts Administrator and transmitting the funds to the Clerk of the Courts for the Y2K compliance project. B. Budget Amendment No. 99-110/Equipment Request No. 99-197- Consider staff recommendation to approve the amendment transferring $2,094 and the equipment request for the purchase of a garbage disposal motor at the Rock Road Detention Center. 5. UTJI,ITIES A. EQ99-196- Consider staff recommendation to approve the equipment request for the purchase of a computer for the NHI Wastewater Treatment Facility at a cost of $885. B. Work Authorization- Consider staff recommendation to approve the work authorization with Camp, Dresser & McKee, Inc. in an amount not to exceed $22,350 and authorize the chairman to sign the authorization. 6. LEISURE SERVICES Tourism- Consider Tourist Development and staff recommendation to approve payment of the January invoices to MBI Advertising in the amount of $1,321.90. 7. HUMAN SERVICES A. Treasure Coast Food Bank- Consider staff recommendation to approve the agreement with the Treasure Coast Food Bank for emergency funding. Authorize the Chairman to sign the agreement. \ i{B:\ SHIP Program- Consider staff recommendation to approve the proposed first "./ amendment to the agreement with St. Lucie County Habitat for Humanity, Inc., and authorize the chairman to sign the amendment upon receipt of the signed originals from Habitat. J' '-' CONSENT AGENDA FEBRUARY 9, 1999 P AGE TWO ~. ADMINISTRA TION ....., Meeting CanceUation- Consider staff recommendation to cancel the Board of County Commissioners meeting of March 16, 1999 due to lack of a quorum. 9. INVESTMENT FOR THE FUTURE 4 ___ ßrw ~,¡ Bid No. 99-27- Consider staff recommendation to award the bid for South Causeway Island access barriers to Adnan Investment and Development in the amount of $18,400, including the Public Construction Bond. Authorize the Chairman to sign the contract as prepared by the County Attorney. B. Bid No. 99-15- Consider staff recommendation to award the bid for purchase of vehicles and light trucks to the low bidder for each type of vehicle. Purchase aU others in accordance with State Contract. 10. COUNTY ATTORNEY t "~.' Interlocal Agreement- Consider staff recommendation to approve the interlocal agreement with the Sheriff for the administration of Local Law Enforcement Block Grant (Award No. 98LBVX4485), and authorize the chairman to sign the agreement. B. Indrio North Savannas Project- Consider staff recommendation to approve the following option agreements and authorize the Chairman to execute the agreements: Parcel 56 - Westmorland/Calhoun Parcel 127 - Johnson, Sandra K. Parcel 128 - Jones, Michael S. Parcel 130 - Jeffrey, Lorene Parcel 131 - Johnson, Sandra K. Parcel 132 - Difato, Michael & Edith Parcel 135 - Mann, Edith Parcel 137 - Morris, Robert Parcel 139 - W. Neale Carr Parcel 158 - Dill, William & Mary Parcel 161- Deen, Thomas & Betty Jo Parcel 166 - Richwine, Herbert & Lucy Parcel 168 - Guzy, Bajus,Shiel Parcel 169 - Stevens, Mary Parcel 222 - Johnson, Sandra Parcel 223 - Richard, Richard S. Parcel 224 - Guzy, Bajus,Shiel Parcel 225-Crawford, Murray & Hazel Parcel 226 - Vuyosevich, Mary - - - '-' .....,¡ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA FEBRUARY 9, 1999 REGULAR AGENDA COUNTY ATTORNEY A.I QVC St. Lucie, Inc.- Consider staff recom QVC and authorize the Chair to sign th ADMINISTRA TION A.2 Illegal Tree Removal- Commissioner Barnes wishes to discuss increasing penalties for developers and clearing companies that violate ~nty codes. ,~~ /~ j-þ-4)c-~ ¿"-~_ Tk- /2 t::.:jl) U , ,- /) ¡--E:- '~, pi ,/). ,"" ~ V ?--.~, v~-"7 /'v/-<-0 d- ....----. ,¿y;, I ~/~c~ ..:> ¿:pr¡i/ I ,,- ", l4' ~ c-" "7 A/,n~ ~ /ý5t.- - ¿~ ~ A-2 Rejuvenate the Tree Protection Committee. Create a separate position under the County Attorney for enforcement. , '-' ...., . AGENDA REOUEST ITEM NO. c1 A DATE: February 9, 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. 99-48 - Proclaiming February 14, 1999, as "Bobby Valentine's Day" in S1. Lucie County, Florida. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 99-48 as drafted. CONC NCE: [ APPROVED [] DENIED [ ] OTHER: Do sAnderson County Administrator County Attorney: Management & Budget Originating Dept. Leisure serVi~~~, Finance: (Check for Copy only, if applicable)___ ~ ()/. Review and Aoorovals Purchasing : Other: Eff. 5/96 ,I '-' ...1 'LA RESOLUTION NO. 99-48 .. A RESOLUTION PROCLAIMING FEBRUARY 14, 1999, AS "BOBBY VALENTINE'S DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Bobby Valentine is the Manager of the New York Mets and on February 14, 1999, Bobby will bring the New York Mets back to St. Lucie County for the commencement of Spring Training 1999. 2. In order to recognize and welcome the New York Mets and their Manager back to St. Lucie County, this Board desires to add a special St. Lucie County meaning to Valentine's Day. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 14, 1999 as "BOBBY VALENTINE'S DAY" in St. Lucie County, Florida. 2. The County Administrator is hereby directed to forward a copy of this Resolution to Bobby Valentine in order to recognize and welcome the New York Mets and their Manager back to St. Lucie County for Spring Training 1999. PASSED AND DULY ADOPTED this 9th day of February, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN ,,/ V AGENDA REQUEST '-" ITEM NO. <.SJ} DATE: February 9, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Application for Consent to Transfer of Control of Cable Television Franchise from Tele-Communications, Inc. (TCI) to AT&T Corp. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve revised Resolution No. 99-31 and authorize the Chairman to sign the resolution. COMMISSION ACTION: [J APPROVED [] DENIED [ ] OTHER: CE: Do g as derson County Administrator- County Attorney: fl Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 - ,oJ v ....,,¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA tJ~ TO: Board of Coun ty Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-13 DATE: January 26, 1999 SUBJECT: Application for Consent to Transfer of Control of Cable Television Franchise from Tele-Communications, Inc. (TCI) to AT&T Corp. BACKGROUND: Tele-Communications, Inc. (TCI) has applied to the County for consent to transfer of control of its cable television franchise to AT&T Corp. A copy of the application form is attached. Copies of the supporting documentation are available for review in the County Administrator's office. The County's cable consultant reviewed the material submitted by TCI and drafted a resolution consenting to the proposed transfer of control of the cable television franchise from TCI to AT&T. The resolution and affidavit attached to the previous Board memorandum have been revised. The revised resolution and affidavit are attached. Notice of the January 26, 1999 public hearing was published in the Tribune on January 11, 1999. The public hearing of January 26, 1999 was continued until February 9, 1999. RECOMMENDATION ¡CONCLUSION: Staff recommends that the Board approve revised Resolution No. 99-31 and DSMj caf Attachments - F edcral Communications Comnusslon Waslungton, D, C 20554 '-' 'wi FCC 394 APPLICATION FOR FRANCmSE AUTHORITY CONSENT TO ASSIGNMENT OR TRÄNSFER OF CONTROL OF CABLE TELEVISION FRANCmSE Approved bv OMB 3060-0573 FOR FRANCHISE AUTHORITY USE ONLY SECTION L GENERAL INFORMA nON DATE August 14, 1998 I, Community Unit Identification Number: FL 0299 2. Application for: o Assignment of Franchise ~ Transfer of Control 3. Franchising authority: St. Lucie County 4. Identify community where the systemltranchise that is the subject of the assigmnent or transfer of control is located: St. Lucie County, FL 5. Date system was acihuired or (for system's constructed by the transferor/assignor) the date on which 12/02/91 service waš provided to e first subscriber in the tranchise area: 6, Proposed,effective date of closing of the transaction assigning or transferring omlership of the system to When all conditions to closing transferêe/asslgnee: have been met Currently antici&ated to be 120 days trom e filing of this F ann 394. 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this application that is identified in the fumchise as required to be provided to the franchising authority when requesting its approval of the type of transaction that is the subject of this application. Exhibit No, 1 "J PART I - TRANSFEROR/ASSIGNOR d' t s' toe e t Legal name ofTransferor/Assignor (if individual, list last name fIrSt) Tele-Communications, Inc., parent of the franchise holder, TO of Northern New Jersey, Inc. Assumed name used for doing business (if any) Mailing street address or P.O. Box 5619 DTC Parkway City Englewood State CO ZIP Code 80111 Telephone No. (include area code) (303) 267-5500 2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assigmnent or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral aweement, reduce the tenns to 'Miting and ·attach. (Confidential trade, business, pricing or marketing informatIon, or other information not otheIWlse publicly available, may be redacted). Exhibit No. 2 (b) Does the contract submitted in response to (a) above embody the full and complete agreement between the transferor/assignor and the transferee/assignee? 181 Yes 0 No lfNo, explain in an Exhibit Exhibit No, 2 contains the complete agreement, except for confidential trade, business, pricing or marketing infonnation, or other information not otherwise publicly available, that has been redacted in accordance with Item 2,(a), Exhibit No, N/A I..ij',"" ~.:." ...~..- - FCC J9. September 19" - ~ PART n - TRANSFEREE/ASSIGNEE '...I I ,(a) Indicate the name, mailing address, and telephone number of the transferee/assignee, Legal name of Transferee/Assignee (if individual, list last name first) AT&T Corp. Assumed name used for doing business (if any) Mailing street address or P.O. Box 32 A venue of the Americas - City New York I State NY I ZIP Code 10013-2412 ,TcIz:hone No. (include area code) 21 -387-5400 Indicate the name, mailin address, and tel hone number of n to contact, if other than transferee.lassi ce. Name of contact person (list last name first) The primary contact person for the transferee/assignee is identified on the attached page. Finn or company name (if any) Mailing street address or P.O. Box City State ZIP Code Telephone No. (include area code) J (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person who should be contacted, if any. Exhibit No. 3 (d) Indicate the address where the system's records will be maintained. Street address 5619 DTC Parkway City Englewood I State co I ZIP Code 80111 2. Indicate on an attached exhibit any plans to change the CUITeIlt terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. Exhibit No. 4 "'<'~1'. ~.~~ ~izJ' ~ FCC 394 (Pace 2) September 1996 - '-" ATTACHMENT -- SECTION I, PART II, QUESTION 1(b) ...." The primary contact person for AT&T is identified below based UpOIl the State or Commonwealth in which the local ffanchising authority is located as identified in the following chart: States Contact Name Phone Fax E-Mail Address Arb KS O. Carey Epps 512-370-2055 512-370-2096 cepps@lga.attcom Room 1500 M ,OK, 919 C0¥J{ss Ave. TX Austin, 78701 ~~ Philip S. Shapiro 518-463-2555 518-463-5943 pshapir 19a.att.com Suite 706 111 Was~onAve. y'RI ' AJbany, 12210 VT' , J Monica Otte 908-204-2448 908-204-8538 motte ga. att. com Room B2114 131 Morristown Road Basking Ridge, NJ 07920 Mark Keffer 703-691-6046 703-691-6093 mkeer Iga. att. com 3D 3033 Chainbri~e Rd. Oakton, VA 2 85 Roger Briney 404-810-8550 404-810-5901 rbriney ga.att.com 1200 Peachtree St Promenade I Atlanta, GA 30309 Michael Olsen 415-442-3791 415-442-5514 molsen Iga.att.com Room 670 795 Folsom St. San Francisco, CA 94107 Richard Thayer 303-298-6495 303-298-6488 rthay ga. att. com uite 1575 1875 Lawrence St Denver, CO 80202 'J . . Robin 312-230-3724 312-230-8211 charles 19a.att.com Suite 1300 Charleston 227 W. Monroe St. Chiea 0 IL 60606 i~'~~ #0.';";.." ..... 10 - '-' SECTION I. 1RANSFEREE'SJASSIGNEE'S LEGAL QUALIFICATIONS 'wi L Transferee/Assignee is: ~ Corporation o a. Jurisdiction ofinco~ration: çi, .N~~ and address of registered agent in New Yor New York JunsdlctJon: b, Date of incorporation: cr Corporation System 1633 Broad~ March 3, 1885 New York, 10019 c. For profit or not-for-profit: For profit Limited Partnership a. Jurisdiction in which fonned: c. Name and address of registered agent in jurisdiction: b. Date of fonnation: o General Partnership a: Jurisdiction whose laws govern fonnation: b. Date of fonnation: o o Individual Other. Describe in an Exhibit Exhibit No N/A (.-,) :..,..:.1 2. List the transferee/assi~ee, and, if the transferee/assignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, ana limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessaxy. (Read carefully - the lettered items below refer to corresponding lines in the following table,) (a) Name, residence, occupation or principal business, and principal place of business. (If other than an individual, also show name, address and citizenship of natural ~ authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then directors and, thereafter, remaining stockholders and/or partners. (b) Citizenship. (c) Relations1íìp to the transferee/assignee (e.g., officer, director, etc.). (d) Number of shares or nature of partnership interest (e) Number of votes. (f) Percentage of votes. (a) AT&T Corp. See additional pages attached (b) USA (c) Transferee! Assignee - (d) N/A (e) N/A (f) N/A ~~:i :- " "'-Ø ,..~. ¡,. FCC 394 (Page 3) September 1996 ~ ATTACHMENT -- PART II, SECTION I, QUESTION 2 As of July 28, 1998, there are ~o s,tockhold~ ~efici~ holding more than 5% of the outstanding voting shares of AT&T Corp, The followmg infonnatIon IS provIded as of July 28, 1998, for AT&T's Senior Officers and Directors: .....", (a) C. Michael Annstrong Kenneth T. Derr M Kathryn Eickhoff Chairman and Chief Executive Chairman and Chief Executive President Officer and Director Officer Eickhoff Economics Incorporated 32 Avenue of the Americas Chevron Corporation 510 LaGuardia Place Room 2504 575 Market Street Suite 400 New York, NY 10013-2412 San Francisco, CA 94105 New York, NY 10012 (b) USA USA USA (c) Officer and Director Director - Director (d) 122,330 1,000 3,000 (e) 122,330 1,000 3,000 (f) Less than .000 I % Less than .000 I % Less than .0001% . - '). J (a) Walter Y. Elisha George M C. Fisher Donald V. Fites Retired Chairman and Chief Chairman and Chief Executive Chairman and Chief Executive Executive Officer Officer Officer Springs Industries, Inc. Eastman Kodak Company Catexpillar Inc. 205 North White Street 343 State Street 100 N. E. Adams Street P.O. Box 70 Rochester, NY 14650 Peoria. IL 61629- 7210 Fort Mill, SC 29715 (b) USA USA USA (c) Director Director Director (d) 9,843 10,088 3,000 (e) 9,843 10,088 3,000 (f) Less than .000 I % Less than .000 1 % Less than .000 I % (a) Ralph S. Larsen Donald F. McHemy Michael 1. Sovern Chairman and Chief Executive President President Emeritus Officer The IRC Group, LLC Chancellor Kent Professor of Law Johnson and Johnson 1320 19th Street, N, W. 435 West 116th Street Box B20 One Johnson and Johnson Suite 410 Columbia University Plaza Washington, DC 20036 New York, NY 10027 New Brunswick, NJ 08933 (b) USA USA USA (c) Director Director Director (d) 1,000 3,183 1,200 (e) 1,000 3,183 1,200 (f) Less than .000 I % Less than .000 I % Less than .000 I % ,:....-~ ~ '!~ '1:i ~ (a) Sanford 1. Weill Thomas H. Wyman John D. Zeglis Chairman and ChiefExecutive Senior Advisor President and Director Officer - SBC Warburg, Inc. 32 Avenue of the Americas Travelers Group, Inc. I Adams Point Room 2512 c/o Citicorp The Landings New York, NY 10013-2412 153 E. 53rd Street Savannah. GA 31411 - New York, NY 10043 (b) USA USA USA (c) Director Director Officer and Director (d) 5,000 1,000 5,429 (e) 5,000 1,000 5,429 (f) Less than .0001% Less than ,0001% Less than .000 I % 10 \..i '-" (a) Harry S. Bennett Harold W. Burlingame Daniel R. Hesse Vice President and General Executive Vice President Executive Vice President and Manager- Local Services Hwnan Resources President and Chief Executive Division 295 North Maple Avenue Officer 295 North Maple A venue Basking Ridge, NJ 07920 AT&T Wireless Services, Inc. Basking Ridge, NJ 07920 5000 Carillon Point, 4th Floor Kirkland, WA 98033 (b) USA USA USA (c) Officer Officer Officer (d) 150,205 21,347.514 2,940.245 (e) 150,205 21,347.514 2,940.245 (f) Less than .0001 % Less than .0001% Less than ,000 I % (a) Frank lanna Richard J. Martin Gail J. McGovern Executive Vice President Executive Vice President Executive Vice President Network and Computing Public Relations and Conswner Markets Division Services Employee Communications 295 North Maple Avenue 295 North Maple Avenue 295 North Maple Avenue Basking Ridge, NJ 07920 Basking Ridge, NJ 07920 Basking Ridge, NJ 07920 (b) USA USA USA (c) Officer Officer Officer (d) 366.891 3,092.156 2,120.18 (e) 366.891 3,092.156 2,120.18 (f) Less than .000 1% Less than .0001% Less than .0001% ì .¡. --...:.. (a) David C. Nagel John C. Petrillo Richard R. Roscitt President- AT&T Labs and Executive Vice President Executive Vice President and Chief Technology Officer Corporate Strategy and President and Chief Executive 295 North Maple Avenue Business Development Officer Basking Ridge, NJ 07920 295 North Maple Avenue AT&T Solutions Basking Ridge, NJ 07920 15 Vreeland Road Florham Park, NJ 07932 (b) USA USA USA (c) Officer Officer Officer (d) 2,207 1,457.531 7,091.251 (e) 2,207 1,457.531 7,091.251 (f) Less than ,0001% Less than .0001% Less than .000 1 % (a) Daniel E. Somers Robert Annunziata Senior Executive Vice Executive Vice President President and Chief Financial Local Services Officer 295 North Maple Avenue 295 North Maple Avenue Basking Ridge, NJ 07920 Basking Ridge, NJ 07920 (b) Canadian USA (c) Officer Officer (d) 0 15,637 (e) 0 15,637 (f) Less than .000 1 % Less than ,0001% .....:.t. r~~ 'é17 ~ v ~ 3, If the applicant is a corporation or a limited partnership, is the transferee/assignee fonned under the laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? If the answer is No, explain in an Exhibit. 4, Has the transferee/assignee had any interest in or in connection with an application which has been dismissed or denied by any franchise authority? If the answer is Yes, describe circumstances in an Exhibit 5, Has an adverse finding been made or an adverse final action been taken by any court or administrative body with respect to the transferee/assignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocatIon. suspension or involuntary transfer of any authorization (including cable fumchises) to provide video programming 5erVlces; mass media related antitrust or unfair competition; fraudulent statements to another governmental unit; or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matter(s) involved, including an identification of any court or administrative body and any proceeding (by dates and file numbers, if applicable), and the disposition of such proceeding. 6, Are there any documents, instrwnents, contracts or understandings relating to ownership or future ownership rights with respect to any attributable interest as described in Question 2 (including, but not limited to, non-voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? If Yes, provide particulars in an Exhibit. 7, Do documents, instruments, agreements or understandings for the pledge of stock of the transferee/assignee, as security for loans or contractual perfonnance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obfigation; (b) in the event of default, there will be either a private or public sale of the stock; and (c)j)riorto the exercise ofan¥ ownership rights by a plU'chaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if reqUÜ'ed pursuant to federal, state or loca11aw or pursuant to the terms of the franchise agreement will be obtained? [.)~ . -'. If No, attach as an Exhibit a full explanation. SECTION ill - TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net li~uid assets on hand or available from committed resolU'ces to consummate the transaction and operate the facilities for three months. 2. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally accepted accounting principles, including a balance sheet and income statement for at least one full year, for the transferee/8SS1gnee or pn:ent entity that bas been prepared in the ordinary course of business, if any such financial statements are routInely prepared. Such statements, if not otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the extent permissible under loca11aw. SECTION IV - TRANSFEREE'S/ASSlGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee'slassignee's technical qualifications, experience and expertise regarding cable television systems, including, but not limited to, summary infonnation about appropriate management personnel that will be involved in the system's management and operations, The transferee/assignee may, but need not, list a representative sample of cable systems currently or fonnerly owned or operated. e·,:"" i!:, :_ -.-.~.: I8J Yes 0 No Exhibit No, N/A DYes I8J No Exhibit No, N/A I8J Yes 0 No I Exhi~t No, I DYes t8I No DYes t8I No I Exhi~t No. I8J Yes 0 No Exhibit No, 7 Exhibit No, 8 ,. FCC 394 (Page 4) September 1996 SECTION V - CERTIFICATIONS '-" ""-' Part I - Transferor/Assignor - n the statements made in the application and attached exhibits are considered mateiìal representations, and all the Exhibits are a .aterial part hereof and are incorporated herein as if set out in full in the application. Signature I CERTIFY that the statements in this application are true, complete and correct to the best of my knowledge and belief and are made in good faith. Date wn..LFUL FALSE STATEMENTS MADE ON TIIIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT U.S, CODE, TITLE 18, SECTION 1001. Print full name Stephen M. Brett Check appropriate classification: D Individual 0 General Partner rgJ Corporate Officer D Other Explain' (Indicate Title) " Executive.. Vice President, General Lounsel and ~ecretary Part n - Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a /' ",,)aterial part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: (a) Has a current copy of the FCC's Rules governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations, (c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation of the system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature I CERTIFY that the statements in this application are true, (j U ()~ complete and correct to the best of my knowledge and belief and are made in good faith. Date wn..LFUL FALSE STATEMENTS MADE ON TIIIS FORM ARE August l~. 1998 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, TITLE 18, SECTION 1001. Print full name ~ Philip H. Osman Check appropriate classification: [!J Corporate Officer D 0 Individual D General Partner Other, Explain: (Indicate Title) Vice President. Consumer Local Services ~;~ '~ ~ FCC 394 (Page September 1£ ./' e. , ' 1: r . I ,. . ~ ~~,'::·:'·~;A;~~~ , ~ ' ij I', , "., , ~1,J ;.: ~ ~ I; i!:, , ~ .. '-" -....I , -- DRAFT DAT1<,: 02/0.1!9~ '"': - , . . . " I{~SaLUTio.N-:..-,· , " .. ~ .' ..". BOARD OF COUNty COMMISSIONBRS ST. LUCIE COUNTY RESOLUTION NO. 99-_ A [<ESOLUTION OF THE COUNTY COMMISSiON OF ST. LUCIE COUNTY, FLORIDA, APPROVING THE TRANSFER OF CONTROLÒFTHETCIOFNORTHE&~NEW JERSEY, INC. CABLE TELEVISION FRA.7\lCHISE FROM TCI TO AT&T CORP. WHEREAS, on September 18> 1998, St. Lucie County received notification of the proposed traosfer of control oUhe TCl of Northem New Jersey, Inc. ("TCI-NJ») ca.ble television franchise [torn TCr. !O AT&T; WHEREAS. pursuant to Ordinance No. 98-09 of St. Lucie County, ani tne frauchise Jgfe~merrt, :10 sucb change of control may occur without priQr approval of the Board of COlIDty ComrmSSlOners; \"HEREAS. tl:e Count'J has required that the applir.ant fulfJl the obligatioIl.'ì of Sections 1- 5.5-11 an4 1-5.5-14 of the cable television ordinance No. 98-09 and Sections 30-31 of the cable television franchise and provide infomtation on the proposed tTansacrion including det<lils on the legal, fiaancial, techrúcal and other qualifications of the transferee and on the potential impact of the change of control on !;ubscriber rates and service; \V,HERl~AS, Wìder FCC Ruli::$) 47 CFRSection 76.502. St. Lucie County has 120 days frOr:1 tb::: d;lk of submission o[ a completed FCC Form 394, together with all Exhibits, and anyaddilior:al ::} :or:C\a~¡,)n '<:...¡uir::"J by ta~' frJI\cb:s~ agreement or applicable state or local law, tQ act upon an. ,"_ :.' J1.1 '1'.". ':;1 Ll'':,\~':l('' ¡ ::':1...;~ T t-ç.;k:·(".:, O~.: l,w!'J g ~ f: ;~i :ij ; ~ ~ I'" ': ,~ d I ^'" f" ,-. ! I": ! ~ ~ i ,^ . (I ./ ~i ::j , ..¡ : !).., l ! I:" I ~ "wi DRAFT DATE 02/01199 ., "-- ", :1¡:r~l~ati6no seE; ás~jgJ),.,('r ~·thef'¿!s:e)~,.isf~rcont.I'OIIjJ\g c......ncrship of 11 cable system; . .',' '-. # '. , . \VHIÒ{EAS, i~ is the position oftl)~ County that the 120 da.ys lim~ pe~"iod to act Upon the application ofTCI has not conunenced d!1e to the tàct that TCl has not submitted a co;np1eted FCC ;:;orm 394 tcgt~thcr WIth 3.11 exIlibits and alj information r~qtlired by the franchise agreement; WHEREAS, the COUIlt)' ~hzdl act upon TCl's application on February 9, 1999, pursuan( to TCl'$ exp.r~ss cons eat that !he County waives no rights under Federal, state and local law and the OrdÙlance 21ld franchise by scheduling consideration of the transfer on Febmary 9, 1999 and pur~Jant to TCl's exprcss conscnt that the date F~brua.ry 9, 1999 is r:o~after th~ expi..'ätionofthe 120 Jays :~view period provided fot' in Federal law; ''-'HEREAS, the COtUlty ha.s Lcquit~d....rritt~ll aGt:t::ptance from TCI-NJ of the terms and c,)uditJOns of this RcsQlution by affidavit as a conditionpreœdent to th~ Adoption of this Resolution (affidavit attached hereto as Exhibit A); WHEREAS, in the event the proposed transaction betweea TeI aod AT&T Corp. is not cOllsummated or does not reach final closw"e for any reason, or in the event such closure is reached on t~lm~:substaQtially or materially different to the terms describ::d in the FCC Form 394 and exhib:t5 thereto, this ResiJ1uticn, together with the affidavits of acceptance submitted by the proposed tra.!1sfeïOr ::lIld trall.Sfßn::e, sh~H be n:.:1I and void. NOW, IHEEŒFORE, BE IT RESOLVED ,. BY THE BOARD OF COUNTY COM"M1S~fONERS OF ST. LUCIE COU1\'TY, THAT: I. Tu the extem required, Ùlè Board I)f County Ccrmnissioners of St Lucie County _ :"i'~¡d)</ Ç0tL)~lLS tl1 :I!t,; ¡;lUlll¡¿l~ ;,)1' CUllli.Ol ors:.. Lucic Coumv Cable Te:c\'i~LOn Fra~\~hi:>c [rom TC:f .. .... . .. . :-\1~'~'\ !'ì-/~\.''::' : .;,:,: ..:\TCI ~·a,~·;I;';,·\H.L·';Ç!Ht¡()II.Ç2"J ~"!) 2 2, - ~ ; ~I T.!: 'i'''' * ; ¡ ~ :Jl':~ ':,'¡!:; Ar~~ '{'/,,~~.!~:j ;~:~¿ '.I ~i I ;~; : ; '-" '-' DRAFT º-A'fF~.o2/01t99~ .'.. . .... -. '-. - .... ... . -. .. - ,.. ,. ." '.. . . . .. -:':.': . ....~. .' ~... ': to AT&T.. .4", ...... . '2, Thal the conSf.:"ot granted hercin does /lot constitute and should nct be c:oIlstmed to consøute a waiver or rdease of any obligations of TCl under Or:dina..'1ce No. 98·09 and the cable tde\Îsion franchì::;e of St. Lucie COWlty. 3. That the consent granted herein does not and should not b~ cons~rl1ed to constitute ..... .- a wa; ve: of any fight of the County un.der Ordinance No. 98-09 of St Lucie County é1J1d the cabie television franchise; and further, this consent shall not prejudice the COW1ty'S rights with respect to the eri'orcement, r~newal or transfer of the current cable television franchise and any amendments thereto. 4 Tha.t the cornEnt herein granted js conditioned upon (a) TCI-NJ's assurances set forth in its afftdavlt submittod to th.: Ccu!ltyon and attached hereto as Exhibit Ai (b) TCI's Plan of Compliance submitted to the COllntyon_ and attached hereto as Exhibit B; artd (c) TCl's submission to the County (If cost recovery for all costs incurred by the County directiy or indirectly relå.tcd to the trausfer proces.s including, but not limited to, consulting fees and legal fees no later than thirty. (3r) days af'ter the effective date of this Resolution. Such costs ar~ estimated at Thirteen Thousand DoUaIS ($13,000). 5. That the consent herein granted is limited to the right to provide cable services, and LO ;hc extent not JtheIWise prohibited by applicable law, TCJ-NJ sha.ll be required to obtain any 13.'1.\rfuJ [,¡¡::-mi$$ion from the COUll!'}', prior to its provjding any other services within the County. 6. That this R~so1i.tl·lon shall have the force and effect of continuing tll~ agreement J:'l\"ée¡ TCl-NJ Sl L,ciç í~'()\Jl:ty, i~lorida, the Fra!1ch!.;;(; Authority. ~ ]"t ;-,t;; .1·~1 ~:.....i,-·;t {;r T.I 1:.I~·(d¡"\t'h.!ì:..:,,.U.!l: ~"'["j 3 ".- . g, ~:,!E .;~7 ~~)ijr¡A;E~~ , 'I ~~ i C ~ .) 'J' \¡ ',.. : ~ ~ ). iy' ;j f: '-' '-' DRAFT f>ATE 02/01/99 - -, " 7.. ,'That tl:e County hereby reserves ail ofils rights pUl'suant to Federal, 5Ut~ and lo::al laN i:dlJd(ng, but nH iirnitd to the rights ;n (a) :he franchise renewal process including, but nct l:mit~d to, the right to consider vio!atioru¡ of the franchise by TCI-NJ; (b) the franchise transfer proœs:> inc!udii:g, but not limìt~d to, ùle right to act upon any application to sell, a...',;sign or othervÒc transfer .:oatrollihß ownership of the cable system; and (c) the enfo.cement of the current cable tdevision o:-dina.'1ce No. 98,09, as amended and the current cable television franchise as amended, 8. That the CO!13ðnt herein granted is an express non-waiver and reservation of the COlUlty'S right') and ~ut.hority with respect to TCf-NJ's co!npliance with applicable law including, but not 1 irrúted to CabJe Television Ordmance No. 98-09 and the cable television franchise. TCI-KJ, a:1d to the exten~ required by the fhmchise or allowed pursuaJlt to applicable la.w its parent, affiliates ,md 5ubÙii~r~.:.:::, s:ì.aH be li2.b]¢ for any and aU violations of said law and agreement notwithstanding whúther a:lY suçh vioJation arose prior to the effective dat~ hereof. T:1~ County's approyal of th~ transaction sluU in nC way be deemd a representation by the County that TCI-NJ is in compliance \viLli Un:ì.;na.nçe No, 98-09 or the cable television franchise. ~, That Ùe consent granted herein is subject to TCI-NJ's compliance \\ritIJ all other ;~P?bc;Ú)k leg:.J. r~qu¡rements and the County dC\es not waive a.'1d expressly reserves the tight to ni0tC'..': Cull comFl:an~e with applicable ordinance and franchise req~irements, whether or not any r.C¡¡l-oompIian.::c t:-I,:}! may be dete[mmed arose before or after the Chal"lg~ of control of the TCI-N! L'l,,-:his(~ thrrl TCl to AT&T C',rp. .0 Th<1t tl:is [(eS01ution shall b':;;;(HlJ.è dCeclive upon ~hc date oC ìts adoption herein. ::. ...2 ~ /, I ',»(',_;! 1,1:( ;,;\T<:: ï. :., t~;',,'( 'y,,,: :;:,,:t',II.':'i'J~:O i _ .....P(: 4 . :;¡! .. ~ : ! B ¡j ~ i : Z A' " [i"~ ; ,~ : ~ : \...I - - -....,¡ - <,i .. , ~ì I . , D~FT PA TIt 02l0119J :' j , " , I I ¡ PASS GD AND ADOr;TED AFTER l~ADJNG By:rlTL.E ONLY THfS ~~DA Y OF ,; , _, 199~. ". . ~ . - ,- . - -- .- '. . .~ '" , '. ~. . ST. LUCIE COUNTY, FLORIDA A TrEST: '~ COLJ1\iTY CLERK (SEAL) -' ::'\~,'¡'. l1l6t.: c,;.... ".' ·j.~..:"i;'; I.'· 1f,t.'hu.."\A~1 t;u'h:...·,'·! ",,,,,,:,,,- ,')1 t·"";;,, 'h ff\:,¡¡,,,,!-j 2 .1 ~¡; 5 ~. '. . ¡¡, - 't, 'ij,:: A:',i:;;.HE~ '1¿/~¡,~11] !::~,~; .... ;' ,~ i IJ ; ; '-" ....., .....:. ........ ... '. '.. '~. ". ~ E4HPJITA . -'·0" "., .'.'" ...' '. 1) RAFT DA'fE 02/02/99 . UNCONDITIONAL ACCEPTANCE OF TERMS OF RESOLUTION NO. 99- BEForŒ ME, :lí)peared the und.crsigned authority who having been duly Swam upon his oath depos~s and "tates that: The aflìant lS the Executive Vice Presid'~nt, Govern.I!H~~nt Relations of TCI C'orn..rnunicar:cns, L'1c;. and is the p~rson authorized to eXCf:U(e this dOCUJrl~!lt on behalf of the TCr Cabl~visiofl of the; Treasure Co~r, 2. The 2ff:é.ct is subrr.itting this affidavit as a cO:.ldition precedent to the transfe.r of control of the TCl-·N; c¡¡.ble television 1Ìanchise from TCI to AT&T Corp. 3. Aili~"t Jtt~5:.s dW.l TCI-NJ is th~ curre¡¡t frandù3cc in St. Lucie CC'lulty, Floricìa and 6at the F ::-aIlchi$ee shall cOrIl;>ly with the terms of this acceptance. 4. Franchisee and/or its successors in j!lt~rest shall reÎlnbt:rse the County for all costs i1l·~w.r,~d by the County directly or indirectly related to the transfer process including, but not limited tü, ;:on~lIltíng :ees and legal fees. Such costs are estimated at Trurteen Thousand Dollars ($13,000). Pajl::.:¡en: shall be made to the County no later thaa thirty (30) days after adoption of Resolution Or Resolution shall b~ deemed null and void. 5. At the requcst ç,Î the County, Franchisee shall demonstrate ,,:ompIíance with tl1~ !~d1jl¡Ca¡ ob¡igalio:1S set Corth in the Franchise includmg, but not limited to, Sections 13 (G) & 14(D) ,'J, ~[¡ the alternative, shaH prùvde the Couuty with all acceptable Plan of Compliance. J, r :-nl1C:.HSCl' "I i1U J:'ovide, 110 later thall one year a11:eé tIll; cffècti \'e dél~e or Resolution ....:..,-:~:',;.p )'- !,.II':.-·... -: ": ¡ '..~._\.!\/~ li.i:lJiIO~lIl \\"¡\( - - ~ g. . : ! ~; 1) ~ ¡ f Z I,' , :~ .., ) ,~!ArE~ ;i,U2/J~ :J:J. , '.., I;, I '. '-' -...J .. . ~.. -. .-,. .- .. DHAl?T DATE 02{02/99 ,N:Q.., _. .. .:'~ ~t,n.?,çc.st to,r1:~ 'CoU~¡Ÿ.~, fiber,optic link COlUlecting the County pd and County . ,".. .. Courthouse. The Fr<Ï.i1cJ:ìscl: or it:; successor in interest reser.'cs the right to treat the cost associated with tÌ:c fiber optic link a.s an ~xtemal cost as defined by Federal Con.ununications Cornrnission Rule § 76.922(f). 7. Franchisee shali cooperate in any 1Ì'anchise fee compHance in.quÎry in connection vvìth. any possible franchise fee anearages that may have arisen or that. may arise through the exclusion of certain revenue streams includil1g. þut not limited to, advertising revenue a..1.d programming paym~nts. 8, In tl-¡e t:':V~!1t Fnulchise'; offe~ cable Internet services OV~r its cable system in St. Lucie COWlty, ir shall, takirlg into account technical feasibility, provide access to its cable modem platform to providers ofJlJternet access and online services on comparable tenns and conditior.s to those terms ~d cOn.ditlorls Qn WhiC¡ì .Kcess is provided by F:ranchisee in any other community. Franc.bisee shall comply willi ê!.!I ;¡;'\1;1:ÌJ1 requirements with respe~t to access to Franchisee's cable modem platíònn for provi.ders of Internet access and online s~rvices. 9.; Franchis:;e shaU comply with all other applicable legal requirements, including carriag¢ ofb:oad:a:;t digital and high definition television signals, and inte~connection of the cable '.)'stern witl! poteatíal c:)mpetitors fo;" PW'poses, among other things, of sharing cab!e PEG channels as req:àed by the Franchisè Agreement or applicable law. - 10. To the e:xtcnt not prohibited by applicable law, the Franchisee agrees that cable Internet services, i:1cL.:din;;;, ~ut not limited to @ Home, Roadrunner and Media Express or similar )e¡"'!LC(~S L1f(wict.:d by tI ,(; ;;t<:nçhi~ce, its {JUfCllt, aEiliates or subsidiaries, Over ([1::: cab!e svslem shall ¡ . . J C \!25\1 )', ,) -'Ü,;.I:r.n:.\rcJ Ti ~¡¡~f:ë~\A iI",i ;'\'1{ (;]:"1.. ~""f'd 2 ð., ; U' , , :"'1..' i . l' ~ ! '" 'i A';-- n...) ......J.. - , 'J ::: / :1 :j ¡ 5 : ~ ~ , [1 : ': '.' i. ~ ......, - ...... .. . " ,.. . ~\<..:.de'?Llì~li,''¡::abe.s.ervj.ces~' .as',p.r0vided ulld<:r Tit¡~ Ví of tf1è Communications Act of 1934;' as ' . , . .. ... DRAFT DATE 02/02/99 amcnde¿. R~veou\.:s e:eiv~d by Franchisee, and to the e)~lel): consistent with the Fran;hise " Agrel;!L1i:nt and not :;p'~cificaIl:r pr.;>bibited by applicable law, its parent, affiliates, or subsidiaries, frern ~uÒ £crv:ces provided Over the Franchisee's cable system, ir.eluding, but not limited to, cable rnoàem i::quipmea~, advertising 3Dd 5ales revenues, shall be iuclded within th~ definition of gross ;'evenucs for l~e purposes of the franchise fee calctùation to the ma.ximum extent required by the FraTlehise Agreement and cons~tent with applicable law, It is l1:e 1l1tent of the parties that this paragraph applies no more broadly than the existing cable television franchise with respect to other c;:.bie s~rvic(;!s. L] . Franchi.)ee acknowledges that the Legislati'l€ P.istor} of t~e 1992 Cable Act CQntcGlpbtes thc:t :hc CQUIlty may address any deficiencìes in ser.'ice, including non-compliance, at the time of any traasfer or change of control of the Franchise. The F raJ1CmSee agrees to ensure that iI ~<¡sum(;s (èspomibiEty tòr any and all non-compliance under the current franchise that may now ¡:,xist or may later bê discovered to have existed during the term of the fr::L'1clúse even if prior to the dosmg 9fth~ ~harlge; of COlltwl. 12, fr';;!J:~hisee unconditiona!]y accepts all teans and conditions ofResolutionNc. 99-_. 13. This Exhibit A may be signed in counterparts. -~ '·1 ~)'\ t n';·~'J' .!:':J':~·L·(:J 1 :.ì!'<¡"\,.·\jli.4;\o·;t,020' .\"1'-.1 ~ J .... . 1L: ,. , ~::f;_:~~;r: I" -, ri ~< , , A", ' 1 :, . ~ '. :., j ¡.. J c' I) 0,. J:J ì~~;~4; ¡,~ \wi ....., D R<\FT J)A Tf£ 02102/99 . ..... .." - FL'RTHERAFFÌANT SA YETH NAUGHT. . . . - - . . - . . .. \ By: ? . .. AT&T CORP. hereby accept~ the terms and conditions of this affidavit and Resolution No. and agrees to do everyt.J.úng necessary to ensure compliance rewith _~d.'~'-' ..... ~7 ~ - By: STATE: OF FLORID:\ ) ) ~s: CCH.rp;TY OF YJA.~,ll,DADE ) BEFORE ME. the undersign¡~¿ autl1Ority, personally appeared , whc !:: kl\i)Wn to me personally (or r:rovid,.::d proof of identification) and upon b~if1g first duly sworn .1cknowledged that he/she executed the foregOil'lg document freely and voluntarily and for the purpose thereÜ, t:.xpressed. WITNESS m.y hand and offÎciaI seal in [hI:: County and State last aforesaid chis __ day of ___,_____, 1999. NOTARY PUBLIC. State of Florida My C:)I:"1rnÎs$ion eXpltes: .^ ~ ~\s· L 1'::'1: C':''''''I\CaL..I.; ...! J..d.ì,;,¡,;\ "~,..-u."·II.\: ':', ,\,11.,; ,~,\ :! I" -/K / .. - - .. -- \,./" \..; AGENDA REQUEST '--' ITEM NO. .. 5L. DATE: February 9, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. Mcintyre County Attorney SUBJECT: Yanaros-Byrd v. St. Lucie County - Settlement Offer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: For the reasons outlined in Mr. Hayskar's letter, staff recommends that the Board approve the settlement reached at mediation. APPROVED [] DENIED OTHER: County Attorney: ~ Review and ADDrovals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 v -.....I Sv 1t INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A.NO. 99-78 DATE: January 22, 1999 SUBJECT: Yanaros-Byrd v. St. Lucie County - Settlement Offer BACKGROUND: On October 24, 1995, a County vehicle driven by Bill McNeely rear-ended a vehicle driven by Ms. Yanaros-Byrd. The collision occurred on U.S. 1 at or near the intersection of Citrus Avenue. As a result of the accident, Ms. Yanaros-Byrd suffered injuries to her heck, right arm, right write and headaches. Her medical bills to date come to eleven thousand eight hundred seventy-seven and 16/100 ($11,877.16) dollars. Ms. Yanaros-Byrd is 30 years of age. She operates her own hair salon on the north side of Fort Pierce. Because of her injuries, she missed six weeks of work immediately following the accident and also contends that she had to work part time thereafter for the next three months. That gives rise to a lost income claim of $3,000.00. She is also concerned that she may not be able to keep doing this type of work in the future because of persistent ongoing discomfort in her neck and right upper extremity. Treating physicians have included Dr. David Shaw, D.C., Dr. Fernando Miranda, Dr. Bruce Platzek, and Dr. T agrid Adili. Dr. Adili stated at her deposition that Ms. Yanaros-Byrd is suffering from post traumatic headaches, a cervical sprain/strain, a right carpal tunnel syndrome in the right wrist and a right ulner palsy syndrome in the right elbow. A cervical spine MRI has revealed the presence of a bulging disc at C5-6. EMG testing has confirmed nerve entrapment of the median nerve in the wrist and the ulner nerve in the elbow. Dr. Adili believes Ms. Yanaros-Byrd will ultimately require both wrist and .., - ~ \wi "'" elbow ~rgery. Estimated future medical expense is $15,000.00. There is also concern on Dr. Adili's part as to whether Ms. Yanaras-Byrd will be able to continue to work as a cosmetologist. A court ordered mediation hearing took place on December 15. Plaintiff's opening demand was $100,000. Ultimately, subject to securing Board approval, the parties reached a $25,000 settlement agreement. Attached is a letter dated January 5, 1999 from Stephen G. Hayskar, Esquire, the attorney representing TRICO and the County in this case. As indicated on page 3 of the letter, Mr. Hayskar recommends that the County accept the settlement offer based on the facts of clear liability, past medical and lost income totaling fifteen thousand and 0/100 ($15,000.00) dollars, the results of the neurological EMG tests and the possibility of future surgery costing fifteen thousand and 0/100 ($15,000.00) dollars. Notice of the public hearing was published in the Tribune on January 23, 1999. RECOMMENDATION /CONCLUSION: For the reasons outlined in Mr. Hayskar's letter, staff recommends that the Board approve the settlement reached at mediation. DSM/ caf Attachments ..... .......,... '-" '-" BRENNAN, HAYSKAR, JEFFERSON, WALKER & SCHWERER, P.A. ATTORNEYS AT LAW ... ..JOHN T. BRENNAN THAD H, CARLTON <1906-1965) GARRISON M, DUNDAS STEPHEN G, HAYSKAR BRADFORD L. ..JEFFERSON STEVEN R, McCAIN ROBERT V, SCHWERER ..JAMES T, WALKER 515-519 SOUTH INDIAN RIVER DRIVE FORT PIERCE, FLORIDA 34950 POST OFFICE BOX 3779 FORT PIERCE, FLORIDA 34948·3779 TELEPHONE (561) 461-2310 FAX (561) 46S,65S0 January 5, 1999 Katherine MacKenzie-Smith Asst. County Attorney St. Lucie County 2300 Virginia Avenue Administration Annex - 3rd Floor Fort Pierce, FL 34982 Re: Jamie Yanaros-Byrd vs. SLC Dear Katherine: In accordance with your recent request, I am taking this opportunity to submit a settlement recommendation letter on the above file. ANALYSIS OF LIABILITY ISSUE: We are dealing with what appears to be a case of clear liability. On October 24, 1995, a county vehicle driven by Bill McNeely rearended the plaintiff vehicle driven by Jamie Yanaros-Byrd while northbound on u.S. 1 at or near the intersection of Citrus Avenue. ANALYSIS OF DAMAGES ISSUE: Plaintiff is claiming injuries to her neck, right arm, right wrist and headaches. Her medical bills to date total $11,877.16. ,r: (iìJ G~ '.'" i'~ n ~f 8 r ) """---'- ".-- ~ ! I\! TV ¡.:.'-....,- '"'\ ~. ;'J I d IUI- \.i '-' January 5, 1999 'I; Page two Jamie Yanaros-Byrd is 30 years of age. She operates her own hair salon on the north side of Fort Pierce. Because of her injuries, she missed six weeks off from work immediately following the accident and also contends that she had to work part time thereafter for the next three months. That gives rise to a lost income claim of $3,000.00. Jamie is also concerned that she may not be able to keep doing this type of work in the future because of persistent ongoing discomfort in her neck and right upper extremity. Treating physicians have included Dr. David Shaw, D.C., Dr. Fernando Mirandar Dr. Bruce Platzek, and Dr. Tagrid Adili. Dr. Adili stated at her deposition that Jamie is suffering from post traumatic headaches, a cervical sprain/strain, a right carpal tunnel syndrome in the right wrist and a right ulner palsy syndrome in the right elbow. A cervical spine MRI has revealed the presence of a bulging disc at C5-6. EMG testing has confirmed nerve entrapment of the median nerve in the wrist and the ulner nerve in the elbow. Dr. Adili believes Jamie will ultimately require both wrist and elbow surgery. Estimated future medical expense is $15,000.00. There is also concern on Dr. Adili's part as to whether Jamie will be able to continue to work as a cosmetologist. MEDIATION HEARING ON 12/15/98: A court ordered mediation hearing took place on December 15. Gene Roddenberry was the presiding mediator. Dale Holland from McCreary Corporation, you and I were present at mediation on behalf of St. Lucie County. We made it clear that any settlement agreement reached would be subject to obtaining County Commission approval. Plaintiff's opening demand was $100,000. Ultimately, subject to securing County approval, the parties reached a $25,000 settlement agreement. BRENNAN, HAYSKAR, JEFFERSON, WALKER & SCHWERER, P.A. PROFESSIONAL ASSOCIATION \..f -..I January 5, 1999 't Page three I have attached a copy of plaintiff's Mediation Statement dated 11/19/98 which sets out in detail the specifics in support of plaintiff's claim. SETTLEMENT RECOMMENDATION: Given a case of clear liability, past medical and lost income totaling $15,000.00, the results of the neurological EMG tests, the possibility of future surgery costing $15,000.00, plaintiff's age, and plaintiff's line of employment, I don't have any hesitation in recommending county approval of a $25,000 settlement. We had anticipated at mediation that plaintiff would hold out for considerably more. In my view, a $25,000 settlement represents an excellent result from a defense standpoint. Yours truly, SGH/leh Enclosure cc: Dale Holland BRENNAN, HAYSKAR, JEFFERSON, WALKER & SCHWERER, P.A. PROFESSIONAL ASSOCIATION LLOYb', HOSI<INS '& Pl~RCE VINCENT A. LLOYD· t STEPIIEN P. HOSKINS' DURA H. P,F.RCF, t 'It MICHAEL K. HOROWITZ. ' MARY SPACNOIA-H,LLS · LOUIS D. TURCO. MARK C. HAURER DURA J. VENHAUS DAVID LLOYD MERRILL 20 I Sf '1)'1'11 SECOND S I1IEF.T I'os r OHICE Box 4:182 TF.LF.rIlONF. FORT P"RCE: (561) 464-4600 FORT ~~fòt:E. ~\)\1 ~ ~ FI.ORIDA 34948-4382 FACSIMILE: (561) 464-7918 OFFICF.S IN: PORT ST. LUCIE TAMPA WUT PALM BUCII . BoA.RD CUTlFlm CML TOJAL 1.< WYER November 19, 1998 t ßoAAD CtaTIFIFD IN WORKF.U' CoMrFl'IISAT10N .SllAa£lIOl.DUS , ~ Robert F. Jaffe, Esquire Post Office Box 2399 Vero Beach; "Florida 32961 RE: MEDIATION STATEMENT Case: Byrd vs. St. Lucie County Venue: St. Lucie County Judge: Scott M, Kenney Dear Mr. Jaffe: You have been selected to be the Mediator in the above referenced matter for a Court Ordered mediation. The case to be submitted tor mediation is a personal injury case. The Plaintiff is represented by our office. The Defendant is represented by Stephen G Hayskar, Esquire. The mediation is currently scheduled as tollows: DATE: TIME: PLACE: December 15, 1998 11:15 a.m. Brennan, Hayskar, Jefferson, et al 519 South Indian River Drive Fort Pierce, Florida 34950 ISSUES: The issues to be submitted for Mediation in this case are as follows: 1. Liability for the accident. 2. Injuries sustained by the Plaintiff as a result of the accident. 3. Damages sustained by the Plaintiff as a result of the accident. 4. Defenses to the claim raised by the Defendant. LIABILITY: On October 24, 1995, Jamie Yanaros-Byrd was driving her 1989 Suzuki vehicle northbound on U.S. 1. As Ms. Yanaros-Byrd approached the intersection of Citrus Avenue, the morning rush hour traffic on U.S. 1 came to a stop and Ms. Yanaros-Byrd stopped for the stalled traffic. Immediately after stopping, my client was rear ended by a 1990 Chevrolet pickup truck owned by St. Lucie County and operated by William Colwell McNeely, II. The rear end collision occurred just south of the Citrus Avenue overpass in the outside northbound lane of U.S. 1. Ms. Yanaros- Byrd had no alternative but to stop due to the fact that traffic ahead of her had come to a complete stop. The morning rush hour traffic in the Fort Pierce vicinity at the time of the collision was heavy as usual and Mr. McNeely failed to properly observe the other traffic or have his vehicle under control which '-' -....I Mr. Jaffe Page 21t November 19, 1998 proximately resulted in the rear end collision with the vehicle being driven by Jamie Yanaros-Byrd. This is a classic rear end type collision with 100% liability on Mr. McNeely and no comparative negligence on the part of Jamie Yanaros-Byrd. INJURY: I will identify the medical providers and summarize the course of treatment obtained by Jamie Yanaros-Byrd as a result of the injuries she sustained. '::¡ LAWNWOOD REGIONAL MEDICAL CENTER: Jamie Yanaros-Byrd was initially evaluated at Lawnwood Regional Medical Center. Ms. Yanaros-Byrd presented at the hospital with pain in both sides of her rieck. Shè received treatment and diagnosed as having a motor vehicle accidenUneck pain, given medication and advised to seek follow up treatment. She was referred to Dr. Aggarwal at Neurology Consultants. DR. BRUCE PLATZEK: Jamie Yanaros Byrd first saw Dr, Platzek on October 25, 1995. When first examined, Dr. Platzek found that she had headaches, neck pain radiating into both upper extremities, numbness in both arms, numbness in the left leg and problems sleeping, His initial impression was post traumatic headache disorder, cervical pain syndrome with bilateral cervical radiculopathy and he wanted to rule out a bilateral lumbar radiculopathy. He obtained a normal EEG on October 26, 1995, and when he last saw Ms. Yanaros-Byrd on October 30, 1995, she was continuing to experience headache, neck pain radiating into the right upper extremity and low back pain radiating to the right lower extremity. He had Ms.. Yanaros-Byrd off of work. Ms. Yanaros-Byrd discontinued treatment with Dr. Platzek as of October 30, 1995. DR. DAVID SHAW: Ms. Yanaros-Byrd began treating with Dr. Shaw on October 30, 1995. At the time she initially saw Dr. Shaw, she was having headache, neck pain, back pain, dizziness, pins and needles in her legs, numbness in her fingers and depression. Dr. Shaw initiated conservative chiropractic treatment. Dr. Shaw continued to treat Ms. Yanaros-Byrd over the ensuing weeks and months. Dr. Shaw felt that Ms. Yanaros-Byrd reached maximum medical improvement from a chiropractic standpoint as of March 6,1996, In his notes of March 6, 1996, Dr. Shaw states that he is of the opinion that Ms. Yanaros-Byrd has sustained a permanent injury related to the motor vehicle collision. He felt that the majority of the injury was to the cervical and thoraco lumbar spinal areas. DR. FERNANDO MIRANDA: Dr. Shaw referred Ms. Yanaros-Byrd to Dr. Miranda for a neurological consultation. She initially saw Dr. Miranda on November 6, 1995. He found that she was having headaches, cervical pain, numbness in both arms and shoulder girdles. His initial impression was a cervical radiculopathy at C-7 on the right side, Ms, Yanaros-Byrd returned to see Dr. Miranda fOi several follow up visits. He recommended that she continue with conservative chiropractic treatment. DR. MARC SHAPIRO: Dr. Miranda referred Ms. Yanaros-Byrd to Neuro Imaging Institute for a cervical MRI on November 10, 1995. The MRI scan was interpreted by Dr. Shapiro as showing a bulging annulus at C-5 C-6. I am enclosing a copy of the records obtained from Dr. Shapiro. DR. TAGRID ADILI: When the symptoms experienced by Ms. Yanaros-Byrd, Dr. Shaw referred her to Dr. Tagrid Adili. Dr. Adili initially saw her on May 31, 1996. After reviewing records and an initial examination, it was the impression of Dr. Adili that Ms. Yanaros-Byrd had post traumatic muscle contraction headaches, migraine headaches which were worsened by the collision, post traumatic cervical strain/sprain, post traumatic lumbar strain/sprain and a probable right carpal tunnel syndrome versus cervical radiculopathy. , Dr. Adili thereafter undertook the care and treatment of Ms. Yanaros-Byrd. After further treatment and testing, Dr. Adili made a definitive diagnosis of right carpal - ....... '-' -..I Mr. Jaff~ Page 3 November 19, 1998 tunnel syndrome. She continued treatment and placed Ms. Yanaros-Byrd on medication. Dr. Adili prepared a final narrative report dated May 12, 1997, The final diagnosis was post traumatic cervicogenic headaches, migraine headaches aggravated by the collision. post traumatic cervical strainìsprain. post traumatic lumbar strain/sprain, right carpal tunnel syndrome, right ulnar neuropathy of the elbow and cervical bulging annulus at C5-C6, Dr. Adili believes that the prognosis is fair, but she feels that the diagnosis of right carpal tunnel syndrome and ulnar neuropathy of the elþow will most likely persist despite conservative treatment due to the type of work that is peñormed ~ by Ms. Yanaros-Byrd. Dr. Adili feels that my client will need continued care and possibly surgical intèrvention., She estimates the cost of the future care to be $15,000.00 to $20,000.00. Dr. Adili assigns a 25% whole person rating to Jamie Yanaros Byrd as described in the final evaluation. DAMAGES: Ms. Yanaros-Byrd is 30 years of age. Her date of birth is December 2, 1966. and her Social Security number is 281--78-8339. Ms. Yanaros-Byrd is currently 30 years of age and has resided in St. Lucie County for approximately 25 years. Ms. Yanaros-Byrd has incurred medical bills for treatment of her injuries. I am enclosing a copy of a medical bill summary prepared by this office. Ms. Yanaros-Byrd has been a hair designer since 1985 and is the owner of Riverview Hair Designs in Fort Pierce, Florida. Ms. Yanaros-Byrd has had a great deal of difficulty in peñorming her work as a hair stylist. Following the collision, she missed several weeks of work. I am enclosing copies of a wage and salary verification form and copies of disability slips from her treating physicians. Even though my client has returned to work, she continues having extreme difficulty peñorming her work. Weekends are a problem when she does a lot of cuts, Shampooing is a problem and the wrapping of perms is a problem. My client likes her work and is extremely concerned as to how long she will be able to continue to perform the work with her continued neck problems and carpal tunnel problems. Prior to the crash, Jamie Yanaros-Byrd liked water sports. especially water skiing, hydra sliding and scuba diving. Prior to the collision, she used to put her own boat in and out of the water. She also enjoyed horseback riding with friends. Her water sports are now very limited and curtailed and she does not attempt horseback riding. She also has problems peñorming activities around her house such as heavy house cleaning, cleaning and scrubbing her terrazzo floors and moving furniture. As a result of the collision, my client has sustained medical expenses and wage loss expenses. She will experience medical and wage loss in the future and she has sustained and will continue to sustained intangible damages as a result of the collision. PRIOR SETTLEMENT NEGOTIATION~' The Plaintiff initially made a demand for the policy limits of $100,000.00. No counteroffer was received from the Defendant. If you need any additional information concerning this claim. please contact me. Very truly yours, Stephen P. Hoskins SPH/mlh Enclosure cc: Stephen G. Hayskar. Esquire Jamie Yanaros-Byrd "'" ~ ... -- ... .... v AGENDA REQUEST -.....I ITEM NO. f (, A DATE: February 9, 1999 REGULAR (x] PUBLIC HEARING ( ] CONSENT ( ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PUBLIC WORKS 4117 SUBJECT: City of Fort Pierce request for funding - Avenue D. BACKGROUND: See attached memorandum. FUNDS AVAIL.(State type & No. of transaction or N/A): None at this time. PREVIOUS ACTION: The Board of County Commissioners discussed this request for funding on January 3, 1999, and directed County staff to work with the City to address concerns. RECOMMENDATION: Staff is looking for Board direction regarding the City of Fort Pierce's additional $572,430 request for funding for Avenue D improvements. COMMISSION ACTION: (j APPROVED ( ] OTHER: 3-2 NEGOTIATE A PAYMENT SCHEDULE ( ] DENIED /)1 // ,- /' V-_!._? ft1County Attorney ~ ~,. [x¡Originating Dept. Public Works ¿ 4.--/ Coordination/Siqnatures [ ¡Mgt. & Budget [ ¡Purchasing [¡Co, Eng [ ¡Other [ ¡Finance (check for copy only, if applicable) - . '-" 'wt1I ÔA- MEMORANDUM TO: BOARD OF COUNT IONERS FROM: DOUG ANDERSON DATE: DECEMBER 30, 1998 SUBJECT: AVENUE D FUNDING REQUEST ================================================================= On December 3, 1998 the County received a request from the City of Ft. Pierce for additional funding for the Avenue D Corridor reconstruction. The amount of this request is $572,430.00. This is 50% of the increased cost of the project. In 1997 the County contributed $60,000 towards 50% of the design cost of this project. The County also agreed to fund 50% of the estimated construction cost which totaled $750,000 for the County's share. The County budgeted $500,000 in 1998. This amount was carried over to the 1999 budget year. In the 1999 budget the additional $250,000 was budgeted. Once this is paid to the City, the County will have $810,000 invested in this project. There is no unallocated money available in this year's budget. The additional $572,430 would have to be appropriated in the County's 2000 budget if the Board approves this additional funding request or eliminate road projects budgeted for this year. This money comes out of the County's Transportation Trust Fund which is used for road and bridge projects. Don West has prepared a report dated December 28, 1998 listing the County's unfunded capital road and bridge needs. These unfunded needs total $43,600,000 and will be discussed at our January 28 Strategic Planning Session. I had asked Julia Shewchuk to determine if the County could apply for a Community Development Block Grant to help fund this project. We are not eligible for grant money for this project as explained in Julia's memorandum of December 22, 1998. County staff is looking for Board direction regarding the City of Ft. Pierce's additional funding request for this project. C: Don West, Interim Public Works Director Harvey Lincoln, Management and Budget Manager Julia Shewchuk, Economic Development Manager Ray Wazny, Community Development Director Phil Freeland, Assistant County Administrator Dan McIntyre, County Attorney - - 12-23-1998 9:21AM FF'-'~ CrT'r' ATTY/CITY MGR 407 466 5iJ' '-' Y P.l ..._~ ~ IT Y Of RT PIER~~ ~ON.f' - "" >;p\. . '" ---- ,.', -,. ~é -,::-, - e,t'1 ~::::=:' -'. , - OFFICE OF THE MAYOR AND CITY COM MISSION CITY HAll. 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE. FlORIDA 34954-M80 11;:1.. (5 ~1) 460-2200 Ftù': (f'31) 466-5492 Dccember 3. 1998 The Honorable Paula Lewis Couunissìoner St. Lucie County 2300 Virginia A venue Fort Pierce. FL 34982 Dear Paula: In December of 1996 the City and County entered into an agreement for the reconUruc tiOD of the A venue 0 CotTidor. As you may à:call, the project includes a complete reoonstructÎon of streets, sidewalks and utilities &om U, S. 1 to 25th Street You are aware that the reason fO::" the: Intcrlocal Agreement is that Avenue D is a County mad. The City has agreed tQ accept it as a City road upon completion of improvements. In other Avenue D investments. the City of Fort Pierc~ is funding a .$500,000.00 Police substation at Means Court, and the Fire Department is in ':be process of conStructing a $1 million rue station at the corner of 8th and A vðt1ue D. A<; we have experienced in doWDto\\!ll Fort Pierce. public investment is having a. trem endt.)US impact on the wiltingness oftbe private sector to invest. The recently completed Public Deft:md.:rs Office., the LibraJy. Qur street reconstruction. the Marina investment and many others have CI'C;ltcd a renewed spirit of pride and enthusiasm in c·ur community that was absent for many years. ' Thî.~ is being accomplished largely through designing exceptional quality ÌJ1to our public proj f}(;fS ' We are committed to the con<:ept that qua1ity of design and construction win înf\~nce prlv,~1:e iltvCStInent. With that in mind the Avenue "D" co·rridor impfQvemeDts were designed to include ma:ClY hardscape features. The cost of those features ha.ve taken the price beyond our original estÎInflti!$. In the Qriginallnterlocal the City and CoWlty agreed to a 50-50 split of the construction CClst with the County placing a limitation of$750.000.00 on their share of the project to be p.aid $2~;O.0(IO per year for 3 years. 12-23-1998 9:22AM ---' .., FP"''4 CITY ATTY/CITY MGR 407 466 54r '" '-" ....,¡ P.2 t The Honorable Paula Lewis December 3. 1998 Page 2 -, '- The purpose: of this correspondence i 11 to ask that tbe County Commission reOOQstder 1be a m.ount of funds that they will pay toward the reconstructiQn of A venue'" DUo Based on the final bid. the COst, excluding utility relocation. is $2.644; 860.00. Utility relocation costs are in excess of ~ì85:tOOO.OO. Please <X>ÐSÌd.ef thi$ as a furmal request of the County to appropriate the necessary resr:su.rcc:s to pay one half of the $2.644.860.00 that Ú;. the CWTentIy known amount of the projecl. The eff(oct would increase tbe County"S contn"butioQ from $750,000.00 to $1.32~430.00 or ar. in<:rcase of $572.430.00. We are wiDing to accept whatever arrangement that may be workable for the County Þ:Þ absorb this type of expenditure over whatever p;riod of time the CoUDtJ Commission feels is apPIDJ:,¡iate. I recognize that this request is significant. however, I encourage you to consider 'tbe j~oaIs and objectives of this project and the return. 1hat our entire County wiU experience with th4~ eliminatioo. of the blighted conditions of A venUf~ "D". EGE/btp C(:: Members of Saint Lucie County Commission Membcrs'of Fan Pieree City Oxnmission Douglas M. Anderson, Administrator, Saint Lucie County Hector P. Arias. City Enginë:er Ramon Trias9 Director of Planning '-" ...., DIVISION OF ENGINEERING MEMORANDUM 98-445 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~j~~~~~~~~~~~~~ TO: Doug Anderson, County Administrator FROM: Don West, County Engine~11< DATE: December 28, 1998 ~,Œ @ Œ Ut~~' i; 0Et 28 1998 !' SUBJECT: Capital Road and Bridge Needs i l___,_-,__ '---Ì L___~~ :" ,,': c~~f5_E,__.. We have made good progress in recent years in upscaling our capital maintenance program for road and bridge infrastructure repair and replacement. The "Investment for the Future" program, adopted by the Board of County Commissiof!ers in June 1997, has been highly successful and is making a real difference. However, our capital needs for infrastructure repair and replacement are many. Because of our large inventory of roads, sufficient funds are not available from present sources of revenue to address many of our infrastructure needs. The County maintains 350 miles of paved roadways and 175 miles of dirUshellrock unimproved roads. Presently, we have a substantial amount of paved road that has gone beyond the salvage point and must be reconstructed. We also have a substantial amount of sub-standard one lane paved roads that should be upgraded to two lane facilities. Attached is a list of identified roadway reconstruction needs that are currently unfunded. The attached list identifies $13.1 million of paved roadway that will need to be reconstructed or widened to two lanes. DirUshellrock roadways that are unimproved will require drainage improvements before they can be paved. Paving and drainage improvements for a two lane dirt roadway costs approximately $600,000 per mile for a rural-type road design with swale drainage. At present, the MSBU program is the only method we have available to fund these types of improvements, The cost of widening a roadway to four lanes is much greater because of the necessary curbing and piped drainage system. The cost of constructing a widened roadway is about $1.0 million dollars per mile for each additional lane. v ...,¡ Current revenue sources collected from gasoline taxes and road impact fees are insufficient to fund roadway widening projects that would increase the capacity of our major arterials. Failure to make these necessary improvements will cause a breakdown in the level of service capabilities of the major roadway network. The economic well-being of the community then becomes at risk if the State mandated concurrency regulations are enforced. This could effectively stop any growth or expansion of new development in areas bordering the major arterial roadways. For example, both Midway Road (U.S. 1 to 25th Street) and South 25th Street (Midway to Edwards Road) are very close to meeting a breakdown in the level of service that could require deferral of new development permits. Traffic count data shows both segments of roadway to be very close to capacity now. Attached is a listing of identified road widening needs that totals $43.6 million dollars. All of the projects listed are identified in the County Comprehensive Growth Management Plan as needed arterial roadways. At present, gasoline tax revenues are being spent on infrastructure capital maintenance, including repair and replacement of existing facilities. Road impact fees that are intended for widening projects only amount to about $1 million dollars per year. The Midway Road and South 25th Street projects total $12.8 million in construction costs. In conclusion, we are making good progress in our capital maintenance program for our existing infrastructure. Many needs are still unmet because of the large inventory of roads and bridges that fall within the unincorporated County jurisdiction for maintenance. Revenues still fall short in the area of road reconstruction and road widening. Likewise, there are no revenue sources available to address improvement of dirtlshellrock roadways. However, the MSBU program has been highly successful, and it provides a method for citizens to receive additional improvements, if they are willing to pay additional fees. 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X ~ §ot>O>"'§O§"'§ r--.n- ~ ,... __V') 0> N "';0>-:&~"';~>i<Ó>i ~~....CD:&_:ríOl(¡5 'ri ~ z a: UI > o >- a: a: ~ ~éñ :. i5~ t; -~ UI :1:1- 0: ~ ~~ ~ (I)~ ,,-00:e( Zo:l-- 1-e(~<::ÎÑwi1}~ z~b~:;;!::~:¿üen UI W:¿N>-WCfJo- a¡a:~-'ïrl>->OCfJ >~_=;;;CI)~~~:.c ozww-;""ba..¿'" a:wenen:::.o-:¿o-, ,,-ü=>~Oo:::1:;->I ~x¡ta..o::en""O-'O- ...J~I-I->-Oen;,,<Do:; e(e(en en < a:UJ ~ !::uJ",,,,>~O~(I)o;= ,,-enNN»< a: e(wooQo;;!~Q;O ooci/)en:¿UJ~<:<:Z . Ö II:: 0- "- ! "- 0( o ..J e( I- o I- M :> ., - ~ "-'" ~ DEPARTMENT OF COMMUNITY DEVELOPMENT (Economic Development Division) MEMORANDUM FROM: Doug Anderson County Administrator-\ ... / ,/" ~/ '. . C/I ,\.' \.(.. :a&ü (JÞ~C/.Ì~'---- Julia S9~ chuk EconoiÝíic Development Manager TO: DATE: December 22, 1998 SUBJECT: Community Development Block Grant - Commercial Revitalization We did check with our consultant wether the Avenue D project would qualify as a St. Lucie County Commercial Revitalization project in order to apply for the appropriate grant. The project however does not qualify, because it is within the City limits. of Ft. Pierce which in itself is a CDBG entitlement community. Ft. Pierce receives an annual allocation of CDBG funds whereas the County's have to be obtained on a competitive basis. Funds obtained on a competitive basis are not allowed to be spent within the boundaries of an entitlement community in order to avoid "double-dipping".. Please let me know if there is any other information that you may need, or if you have any questions. Cc: Ray Wazny Phil Freeland " ------- --0' Œ Œ Œ ~ W Œ 1'~-'1 ] : r -! I ".' \, '1;; IE 22tœ8 " .kl ' \ l._ L_---- - -- - - ,",--, -Ì {~ ~ -;' ; \-: r.~ ^, '-' ....... "'~"'¡:"\::"'t' /;~.¡.,,~.::,:;.;.~. ;;;:f!¡;.,t;~~~~'~~.~. ,:Z~.f;r1'tF'" ," . ..... :':-: ~f'. :"." . - :...... . . . ill Œ©ŒOWŒ ® .. .0.,,: .0" . ,. , JAN - 3 1991 ENGINEERING ...-.,.. AMENDED AND RESTATED INTERLOCAL AGREEMENT IMPROVEMENT OF AVENUE "D" l(~ . THIS AGREEMENT dated this 10 day of \)Q.CJ2..TY~-W[ , 1996. by and between CITY OF FORT PIERCE. a Florida municipal corporation. hereinafter referred to as the "City" . ' and ST. LUCIE COUNTY,. a political subdivision of the State of Florida., hereinafter referred to as the "County", . . WHEREAS, the City ~as offered to design and construct improvements to Avenue "D" (hereinafter referred to as the "Project"). WHEREAS, the County agrees to allow the City to design and construct the project subject to the terms of this Agreement; and.. o' WHEREAS, the parties previously entered into an Interlocal Agreement on September 24. 1996 which the parties now desire to amend and restate. NOW, THEREFORE, IT IS AGREED as follows: L General. This Agreement is entered into pursuant to Section 163.01. Florida Statutes. Florida Interlocal Cooperation Act. 2. Project DesiV1~ Reimbursement. The City agrees to design the project. By approving this Interlocal Agreement, the County· agrees to reimburse the City lor fifty (50%) . . ....: " .:::..::.~+..:.~~::.~¡..::.:...;:.., .:·..:.:.:-·...:·~·~-:~i,...: .-f~"'~..:-.. ,<r;:.:~~-:.......~...._..~. .; ~. . ; ....1'. .....:-:;..:.:... . . percent of the cost of designllig the proj ect in an amount not to exCifÀ sixty thousand and 0/100 '.. .. . ".:..J;:' " ($60.000.00) dollars ~ess the project budget is increased as set out jn Paragraph 5. The City - agrees to complete the design oÍ the project on or before May 31. 1997. g :\agr<:<:m It tI.in t<:rlod fp -<2 >,<:-<1 1 ~ r, . ·~;:;;-;·,::.:}t~"·",y",,· '-, _". '._"'".' I,J·... ~ . ~':-~ - ~ ,- ., - ~. , . , 3. Review Plans Pr~pared by City. The plans, drawings and sp~cifications prepared by the City for the project shall be subject to the review and approval of the County within thirty (30) days from receipt of plQl1S. Specifications for constrúction shall be in compliance With St Lucie County and State of Florida Department of Transportation Standards and Specifications and all other appropriate regulatory standards. Tbe Çity agrees ·to provide a repro4ucible copy of plans and specifications for the project to the County. 4. Construction Fundin1!. After 'the project design and construction estimates are complete, the parties agree that the funding of the. construction of the project shall be fifty (50%) percent City, fifty (50%) percent County provided that the County's share of the construction funding shall not exceed seven hundred fifty thousand and 0/100 ($750,000.00) dollars payable .. .' in installments of two hundred fifty thousand and 0/100 ($250~000.00).dollars per year over a , - tliree (3) year period beginning in Fiscal Y.ear 1996-1997. The parties agree that all costs of utility relocation and reconst:n!ction requireçl to construct the project Shall be paid for by Fort Pierce Utilities Authority and shall not be included in the project costs· covered by this Agreement 5. Contract Award and Administration. The City agrees thát 1he award of the contract for the construction of the project is subject to the approval of the Board of éounty CommissionersOf' St Lucie County, Florida, provided that the bids are IGSS fuán 1he project budget as ~ by the' City Manager and the County .AdmiIiistrator..The Co~ty shall nQtify, . ~ - the City within thirty ,(30) calendar days after receipt of the bids of the County's decision regarding the contract for the project In the event of bid award and approval of the contract, the parties agree that tþ.e City shall be the contracting agency and shall be responsiþle for g :wc r<=an" rt¿" tcrlodfp...av<=-á 2 -' , :.:~;:~.~-~~::~ ."'".::>:-;..,:," -." '. ~.:::: ~--:'~ '.~, . ;" '-' . . "":;-," :~~:~~:~~~P:.\;·~··~~f/!!:>~:~-::; ~ -'". ."... -.- "wi , . ,t.. -:._ adIPinistration of the contract The City shall perform the contract administration. In the event that field changes exceed the total budgeted amount, additional expenditures shall be subject to approval by the Board of County Commissioners and the City Commission. In proèessing requests for reimbursement, the City shall forward copies of all invoices received from the City's 'contractor in sufficient detail for audit purposes. The County shall' in turn maké reimbursement to the City in the amOtmt of fifty (50%) percent of the net invoice amount. 6. Construction Inspection. The parties agree that the City shall perform the construction inspection of the project to determine whether the Contractor has properly constructed the project in accordance with the approved plans. The parties agree that the County may. at the County's option., perform incremental inspections duñng construction. The parties .. . . agree that the City shall provide all construction inspection reports and shop cL.~wings to the County. The City and the County shall provide a ~te representative with authority to authorize. - field chWlges. The parties ~ee that any field chang~ to the improvement plans shall be subject to the approval of the City and the County site representatives provided that the site representative shall-not have the authority to authorize field changes that would result in an increase to the project budget For the purpose of this Agreement, construction inspection shall incÏude residentproj ect services, contract scimini~ation, engineering services during construction, utility coordinatioIi and certification by all appropriate agencies. d. Maintenance of Reconstructed Road. Bpœr-completion of the construcµon of -:.:; "'. :- '..:., '. .' .' the project, the Part:Ïes agree that the City shall assume maintenance responsibility for Av~iIu~. D within the City limits. '. . c: \.at;ra,mrr t\irr laloc\fp-<1vc-.! 3 - ~ . '!:.. .~. .... "\."- '- '"wi 8. Indemnification - Hold HannIess. Subject to provisions of Section 768.28, Florida Statutes, the City agrees to indemnify and hold the County harmless from any liability or damages resulting from the permitting, construction (including but not limited to the roadway cOnstruction, drainage constructio~ and utility relocation), and construction inspection of the project ·The City agrees to require the Contractor to add the County as an additional named ifullred on the insurance policies issued puÌsl.umt to the Conuaçi.. 9. 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.. 10. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement sliall be in writing (mcluding telex and telegraphic. . communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier services, telecommunieated, or mailed (airmail if inteIilational) by registered ~r certified mail (postag~ prepaiG.), r~tum receipt requested, addressed to: AS TO ST. LUCIE COUNTY: WITH A COpy TO: St Lucie Coup,ty Adm;n;~or 2300'Virginia Avenue Admini<::tration Annex Fort Pierce, Florida 34982 St.- Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO CITY: WITH A COPY TO: Fort Pierce City Manager Post Office Box 1480 -- - Fort Pierce, Florida B4§4 '34<154- Fort Pierce City Attorney .Post Office Box 1480 Fort Pierce, Florida~3454- '3~q54 or to such other -address-<iS any party may designate by notice complying the teITIlS of this - 'Sectiop... 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 C :10:: r ".;m n rtin (a ÚJ clfp-av,,-d 4 - ;_ .J.- '-' v confirmed answer back if by telex, and (d) OD. 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. 1 L Terminarion. This Agreement may be terminated upon agreement by both parties. This Agreement shall automati~ly terminate upon the failure of either party to agree to fund the constructÏ0n of tÎle project. 12. Filin~~ Effective Date. This Agreement shall be filed with the Clerk of the Circuit Court of St Lucie County. Florida, prior to its effectiveness. IN WrrNESS WHEREOF, the parties hereto have caused the execution hereof by their -du1y authorized officials on the dates stated below. BOARD OF COUNTY COM:MJSSIONERS ST. LUCIE COUNTY, FLORIDA By;/f æo fl (j ð.< L ..L. C aIrman --¡tTTEST: r~~:.~ C?-\y »epu.ty Clerk BY: BY: Mayor APPROVED AS TO FORM AND CORRECTNESS: IJY:~.T ~~ CIty Attorney c:lAc rumn rli:. ta-lodfp-a ,. t:-4 5 r ,..., ...,; ITEM NO. 6B DATE: February 9.1999 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): SOLID WASTE DIVISION DBY: TO: BOARD OF COUNTY COMMISSIONERS eo J. Cordeiro Solid Waste Manager SUBJECT: Review of Construction and Demolition debris tipping fee rates. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: PREVIOUS ACTION: In March 24, 1998, the Board of County Commissioners denied an agenda request to reduce the construction and demolition debris tipping fee. January 12, 1999 -- The Board of County Commissioners approved Resolution 99-33, reducing said tipping fees. RECOMMENDATION: Staff recommends the Board of County Commissioners review the construction and demolition debris tipping fee at the Glades Road Landfill. COMMISSION ACTION: CE: ¡APPROVED 0 DENIED '0 OTHER: Effective 3-11, return rates to $30. Staff to look at costs and document the actual rate in 30 days. Get input from a consul tant otherR~Qfê\}¡ ~J1AßÐPoJàtsty of Port St. Lucie. L uCounty Attorney: ~ t:r6riginating Dept: (Pu . -- o Management and Budget: ~er: (Landfill) o Purchasing: o Other: o Finance: Check for copy only, if applicable: '--' .....,¡ PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION ~b MEMORANDUM ~W"""J&:mw.w,:<,»,;:;m:w""""""'f<,--~m.~~"~':>;C::>'::·:':::':~¡-Ç:tbM.~;iR:;;;':'ïR:i~_i~ij~II.iI;_.ilI¡¡iøiE¡¡,u.a¡~i~B'ii~@'~:<'<:<~'~:<'''~''''~':'':::':~,,<,.::,::::¡; TO: Board of County Commissioners FROM: Leo J. Cordeiro, Solid Waste Manager e February 9, 1999 DATE: RE: Review of Construction & Demolition Tipping Fees BACKGROUND: The Solid Waste Division operates a 35-acre cell for construction and demolition debris. This cell can only be used for this type of material. The cell has an in place density of 1,400 pounds per cubic yard and 1,670,000 cubic yards of space remaining. This space will hold 1,169,000 tons of material. The life of the C&D cell is approximately 50 years. In March of 1998, staff recommended that the Board of County Commissioners reduce all tipping fees at the Glades Road Landfill. The Board passed resolutions lowering Class I and yard waste rates, but left the C&D rate at $30.00 per ton. A review of tipping fees and a cost per ton analysis, to process C&D material, revealed that the $30.00 per ton tipping fee was more than thirty (30) percent higher than necessary. On January 12, 1999, staff recommended that the Board reduce the C&D rate from $30.00 to $20.00 per ton. The Board passed resolution 99-33, reducing the tipping fee as recommended. The Landfill has had a practice of using materials (steel, aluminum, concrete, rocks, wood, land clearing), which come in as garbage or C&D, for construction of roads, building litter fences, making barriers, guardrails, safety rails, gates, final cover, fence posts, parking blocks, concrete forms, and tables for a number of years. There was no recording of the quantities or volumes until 1998. The 1998 records reflect a recycling rate of thirty-five (35) percent of C&D debris. This rate is expected to remain constant until the baling facility is open, at which time the rate is expected to increase. There are two facilities'in St. Lucie County, permitted as transfer stations and volume reduction of construction and demolition debris. The two facilities remove materials for recycling at a rate comparable to the Landfill. East Coast Recycling charges customers $28.00 per ton. The materials not recycled are placed in a transfer trailer and transported to Okeechobee to be disposed of at $18.00 per ton. Currently, the other facility, C.A.T. Recycling, is closed. The two facilities have indicated that the reduction in tipping fees at the Landfill will have a negative impact on their ability to attract customers. The reduction in tipping fees at the Landfill will save money for all that build homes and businesses in St. Lucie County, as well as those that demolish buildings. RECOMMENDA TION: Staff recommends the Board of County Commissioners review the construction and demolition debris tipping fee at the Glades Road Landfill. i' -. '- ....., FLORIDA TIPPING FEE RA TES** All 67 Counties I Average $42.69 Range $23.00-$92.00 STATE RANKING 22 ':IIIIII/IIIII:I:/:¡:III:¡I¡¡¡¡:¡:::¡~¡II:I¡I:i::I::::::::II:¡:i:¡:::i::I:¡::~:,I:,¡,I:~:I:¡:,I,:~:~~::"'111II¡i¡'I:':¡:¡¡¡:¡j¡l:jl::¡I¡"¡!:¡'¡¡:¡~"'II'I¡II!!11:""I:"'!!:¡::¡:':I,!¡"¡:~!II::"':'!:!II:'::'::I:'::"I,:I'!'II::"!:II!!,:"I'::"'!¡I~I!I!: Average $30.37 Range $7.50-$92.00 22 !'¡IIIII'¡'I'II'IIIIII:I'I:I,:'/":I:¡I:III¡¡::'::I!::¡:I:I,¡I::III:::¡:I'I¡,II:I~II:'III,¡::::::,II:I¡'II:I:¡:¡,¡:I:¡II:,:¡:II:II:I::¡!:':::!'j:;!i::!:!!::::!:'!¡ij,:lj,}:'::::::¡:¡,¡!j¡:!:,,"'¡:':¡I:,!¡¡,j¡I:"¡!:::::j¡:!,I::;.:'I';::::¡,,¡::I':¡::II': Average $31.35 Range $10.00-$92.00 24 Average Range = $25/tire (Lee County)-$250Iton (Franklin County) 35 :il~~'i:S::::tmg11I'~'g:g:g:~:::¡:::1:t::::::::':{{:::::::::::1:=::::::::::::1:: 1!ttt;;;;))MEt¡¡¡f:Œ:J1WSJrrmm¡¡¡¡¡¡¡¡¡¡¡1¡¡¡¡¡¡¡¡¡¡r¡¡j¡jJ¡rrr¡tr¡ I,IIIIIIIII:,II,I":I'¡¡:II:I¡:,I',::,I::II'::¡I:I::·¡I:,¡I,:I:I/¡II:II/I¡¡:,I:'::,':I~III:II/"I,¡ Average Range $115.84 $23.00-$350.00 36 ::::'~::':::::':':r,\}',::r:,':::::::',:,:,:,':::::~':'~:~:~:q;;:::':'::::::::::::::::::::::::::::::::::::iii:i:::::::::::::::::::::::::: ,wmnms·søQJ;;lS"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ¡:t::~:::::¡:::~;::::::::¡:::r::::::}¡:::::::::¡:::::::f:::::::::::;::::~:::::::::¡:¡:¡:¡:¡:~:¡:;:¡:i:~:¡:i:i:::~:!:j:j:¡:¡:¡:¡:¡:¡:¡:::r¡;¡:¡: Average Range $35.24 $0-$114.00 20 St. Lucie Count $2.50/load ** 1998 FDEP Solid Waste Management in Florida Bureau of Solid & Hazardous Waste Division of Waste Management H:\WIN\WP\Tipping Fees\FL TipRate,wpd ** '\ ''wI. ....., C & D RATES OF uMEDIUM-SIZED" COUNTIES** (POPULATIONS OF 100,000-200,000) ····'···'·IIBTNf· '::!,Iiiii:!!i!i!.:i!:':,:!i:i'!~!i!!::i!_::':~::~:!::','¡:!:!!:i!!iiii!i:!f~ .i!!!ii!!i!i!i!¡!i~!!::i!:::::::::j:':':::::::(::::::',,:::'t::::::,:::::/ COll I E R $20 58 MARTI N $38 60 LAKE $ 3 5 00 ST. lU C I E $20 00 OKAlOOSA $ -0- BAY $2 5 00 OSC EOLA $ 1 4 50 C HAR lOTTE $30 58 C LAY $47 00 H E RNAN DO $2 0 00 C ITR US N/A I N 0 IAN RIVE R $30 00 !~T .JOHN~ ~1? nn :IIIIIII'!i!:!!i:,!il,i!!,!:::!::I::,:!!·!,!!'!!i!::. ,- .. :¡,i:ii!!j",:!:ji!:!!i"'!!!!::,'!:!'!$Z4Jo!I!,!:i':"i:I:I:,:::!j~:¡i,!!::!j¡,¡!! . .. ...... ....._-.. ...... . 1998 FDEP Solid Waste Management in Florida Bureau of Solid & Hazardous Waste Division of Waste Management H:\WIN\WP\Tipping Fees\FL TipRate.wpd - - '-' ...." AGENDA REOUEST ITEM NO. 7 DATE: February 9,1999 REGULAR ( X ) PUBLIC HEARING ( ~: Board of County Commissioners CONSENT ( SUBMITTED BY (DEPT.): Administration PRESENTED BY:~_ Phil FreelandW SUBJECT: Update on 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 stor.mwater projects to improve stor.mwater management and reduce flooding throughout the region. The efforts of this group led to the Ten Mile Creek Water Attenuation Project and have dovetailed with the u.S. Ar.my Corps of Engineers (USACE) and South Florida Water Management District (SFWMD) Restudy project to provide environmental restoration throughout south Florida. There is a need for local involvement and awareness of environmental restoration issues and the restudy efforts. To that end, St. Lucie County adopted Resolution 97-120 to create a two- county (St. Lucie and Martin County)Restudy Joint Coordination Committee ("Restudy Committee"). However, Martin County has decided not to participate in the "Restudy Committee". In that there is a continuing need to provide support for the environmental restoration of the St. Lucie River and the Indian River Lagoon as part of the Restudy program, St. Lucie County can either work with existing water quality groups to promote environmental restoration or we can establish our own St. Lucie Restudy Committee using local residents and organizations to for.m a core support group. It is recommended that the Board consider whether to direct County staff to work with existing local water quality groups or refor.mulate the "Restudy Committee" utilizing St. Lucie County '-' ....., Page 2 BCC Agenda Restudy Joint Coordination Committee February 9, 1999 residents and organizations as a broad-based support group for the Restudy program and the enhancement of the St. Lucie River and the Indian River Lagoon. FUNDS AVAIL.: Not applicable. PREVIOUS ACTION: The Board of County Commissioners adopted Resolution No. 97-12 on June 3, 1997. The Board affir.med the appointment of membership on the Committee on January 12, 1999. RECOMMENDATION: Staff recommends that the Board of County Commissioners either agree to direct County staff to work with existing local water quality groups or refor.mu1ate the Restudy Committee utilizing St. Lucie County residents and organizations to support the Restudy effort. COMMISSION ACTION: ( ./) ( ) OTHER Reformulate the APPROVED ( ) DENIED as M. Anderson ty Administrator Restudy Committee Review and AÐÐrovals County Attorney: Management & Budget Purchasing: Originating Dept: Other: Other: "" '-' '.....,¡ '1 County Administration MEMORANDUM TO: St. Lucie County Board of County Commissioners FROM: Phil Freeland, Assistant County Administrator DATE: February 3, 1999 SUBJECT: Update on Restudy Joint Coordination Committee On January 12, 1999, the Board of County Commissioners directed County staff to begin appointing members to the St. Lucie - Martin County Restudy Joint Coordination Committee (commonly known as the Restudy Committee). Subsequently, Martjn County declined to participate in the committee, stating that there are other regional committees dedicated to similar goals. In that the original goal of the Restudy Committee was to bring about a multi-county awareness and understanding of the need for and the means to restoring the environmental quality of the St. Lucie River and the Indian River Lagoon, a joint effort of both counties would have been appropriate. Since Martin County will not be participating, it may be more appropriate to direct St. Lucie's efforts toward one of the established existing water quality committees or to refonnulate the Restudy Committee utilizing a broad-based citizen core of St. Lucie County residents and organizations. It is recommended that the Board consider whether to direct County staff to work with existing water quality groups in the community or to refonnulate the Restudy Committee utilizing residents and organization representatives ftom St. Lucie County to support the Restudy Program and the restoration of the St. Lucie River and the Indian River Lagoon. I ~ AGENDA REQUEST ''''''¿ ITEM NO. 8 'W" DATE: February 9, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Donald G. Cole Property Acquisition Mgr SUBJECT: North Fork "Save Our Rivers" Project 5/10 Mile Creek Addition - Barker Parcel SFWMD Parcel No. FG100-015 I SLC Parcel No. 73 BACKGROUND: See attached memorandum FUNDS AVAILABLE: (State type & No. of transaction or N/A): Funds will be made availahle in account #382-3915-561000-310095 PREVIOUS ACTION: None RECOMMENDA TION: Staff recommends that the Board detennine whether to approve the acquisition of the Barker Parcel FG100-015 for $35,000.00 and authorize the Chainnan to execute the Agreement For Sale and Purchase and direct staffto close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between the South Florida Water Management District, The Board of Trustees of the Internal Improvement Trust Fund ofthe State of Florida and S1. Lucie County. Counteroffer k'~--- at appraised value. D u as M. Anderson County Administrator COMMISSION ACTION: [ ] APPROVED [ ] DENIED [..¡ OTHER: Review and ~provals [X]County AttoroeY'~ [X]Macaoement ~1i^'/~ ~-- [X]Originating Dep~ [X]Other:T,!';n / ·k Finance: (check for copy only, if apPliCabl~ '-' ....., ~ PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Property Acquisition Manager DATE: February 9, 1999 SUBJECT: North Fork "SAVE OUR RIVERS" Project - 5/10 Mile Creek Addition BARKER PARCEL SFWMD Parcel No. FGIOO-015 / SLC Parcel No. 73 -------------------------------------------- -------------------------------------------- BACKGROUND: The County entered into a Multi-Party Acquisition and Ownership Agreement with The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Trustees") and the South Florida Water Management District ("District") in December of 1997. This Agreement states that the Division of State Lands ("DSL") of the Florida Department of Environmental Protection ("DEP") will contribute 50% of the acquisition costs/expenses, the District will contribute 30 % of the acquisitions costs/expenses and St. Lucie County will contribute 20 % of the acquisition costs/expenses for parcels acquired within the CARL/SOR boundaries of the North Fork of the St. Lucie River. The Barker property is located within the boundaries stated above. A map locating the parcel and , the Agreement For Sale and Purchase are attached for your review. The proposed purchase price is Thirty Five Thousand and no/lOO ($35,0000.00) dollars. This proposed purchase price represents a counteroffer made by the Seller's. Staff has negotiated with the property owners for several months to get to this offer. The District retained Steve Boyle to perform an appraisal. Mr. Boyle determined that the fair market value of the property is Thirty Two Thousand Five Hundred and no/lOO ($32,500.00) dollars. The District will not financially participate in the portion of '-' R..w l i.e cJ f CL~ 2 ....., ~ ( .~ -::tk- 8 BCC. February 9, 1999 Page Two the sale over their maximum approved purchase price of Twenty Nine Thousand and no/lOO ($29,000.00) dollars. According to the proposed Agreement For Sale and Purchase, St. Lucie County would also be responsible for survey costs, doc stamps and recording fees. If the proposed counteroffer is approved the County's acquisition costs will be as follows: 20% of $29,000.00 Amount over approved purchase price Approximate survey costs Approximate doc stamps & recording fees Approximate 20 % of closing costs Approximate costs incurred by St. Lucie County $5,800.00 6,000.00 2,500.00 260.00 + 100 00 $14,660.00 Also please find attached memorandums from the Environmental Lands Specialist and the Planning Manager concerning the attributes of the site and their recommendation that the Board acquire the Barker site. This property has an assessed value of $24,960.00 and contributes $570.71 to our tax roll. RECOMMENDA TION / CONCLUSION: Staff recommends that the Board determine whether to approve the acquisition of the Barker Parcel for $35,000.00 and authorize the Chairman to execute the Agreement For Sale and Purchase and direct staff to close the transaction pursuant to the North Fork Acquisition and Ownership Agreement between South Florida Water Management District and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and St. Lucie County. Respectfully submitted, C=:;~=~4dJ/',r(ß¡ Donald G. Cole Property Acquisition Manager cc: County Administrator County Attorney Community Development Director Leisure Services Director Management & Budget Manager '-' ....",., Form No. SHORTS&P.FIN Revision Date: 03/04/97 Re: North Fork of the St Lucie River Tract No. FG100-015 AGREEMENT FOR SALE AND PURCHASE This Agreement is made and entered into by and between the below named SELLER: Edgar H. Barker and Lois Grace Barker! his wife whose address is: 411 Weatherbee Road Fort Pierce, Florida 34982 whose telephone number is:(561 )464-3906 ;)¡P3 .3'- . ~y~ whose Social Security Number or Federal 10 Tax Number is:~h~ ~l¡Y ~/'7/ö1: (hereinafter referred to as "SELLER"), and the SOUTH FLORIDA WATER MANAGEMENT ISTRICT, a public corporation of the State of Florida with its principal office at 3301 Gun Club Road, West Palm Beach Florida 33406 and whose mailing address is Post Office Box 24680, West. Palm Beach, Florida 33416-4680, its successors and assigns, and ST. LUCIE COUNTY, a political subdivision of the State of Florida whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (hereinafter collectively referred to as "BUYER"). For and in consideration of mutual covenants set forth herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, and in further consideration of the terms and conditions hereinafter set forth, the parties hereto, intending to be legally bound, agree as follows: 1. AGREEMENT TO SELL AND BUY The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy from the SELLER, subject to the terms and conditions hereinafter set forth, that certain real property comprising approximately 4.33 acres located in St. Lucie County, Florida, legally described in Exhibit "A" attached hereto and made a part hereof, together with all and singular the rights, privileges, and ~ppu~ena,~ces thereto belonging or in anywise apperta~rung~(bßreinafter referred to as the ,1Jß.Ä'remlses ). cIZ5 ¿;o ,j, ,0./1. Iff') ¡lNP p~ 1!X--Af. PURCHASE PRICE r,;r 1I'f. 7Y' ç¡",,& 1ïfCJI,(/ rrJ/JV /'/'1/ If .Jf¡ooo a. The purchase price for the Premises is the sum of :¡:wenty Nine--Tflousand and--NoftOO - (the "Purchase Price") payable at time of Closing by BUYER' s check or check issued by the closing agent subject only to the prorations and adjustments as otherwise provided in this Agreement. This paragraph may incorporate other terms and conditions as may be agreed upon by seller and buyer in lieu of a specific purchase price. b. The parties hereto acknowledge and agree that the Purchase Price is based on the Premises comprising an estimated 4.33 acres. Upon completion of a Survey approved by the BUYER in accordance with subparagraph 5.c. hereof, the Purchase Price shall be adjusted up or down in the amount of $6,680.00 per acre for the difference between the estimated and final acreage of the Premises. In the event the foregoing adjustment to the Purchase Price shall result in the Purchase Price increasing by greater than five percent (5%), then BUYER shall have the option, in its sole and absolute discretion, of terminating this Agreement in writing, upon which neither party shall have any further obligations under this Agreement, except for material misrepresentations made by SELLER to BUYER. In the event the foregoing adjustment to the Purchase Price shall result in the Purchase Price decreasing by greater than five percent (5%), then SELLER shall have the option, in its sole and absolute discretion, of terminating this Agreement in writing, provided Buyer receives such written notice no later than the earlier of (i) the fifth day after Seller receives notice of what the Purchase Price is adjusted to be or (ii) Closing, upon which neither party shall have any further obligations under this Agreement, except for material-misrepresentations made by SELLER to BUYER. 1 v .."", 3. TIME FOR ACCEPTANCE This Agreement shall not be effective unless it is executed and delivered by the SELLER to the BUYER on or before December 13, 1998 and is executed by the BUYER on or before March 26 19~8. Notwithstanding the foregoing, in the event this Agreement is executed by the SELLER and de.llvered to t~e BUYER after December 13, 1998, BUYER, in BUYER's sole discretion, may extend said date until the date the BUYER actually receives this Agreement fully executed by the SELLER. The effective date of this Agreement ("Effective Date"), for purposes of performance, shall be regarded as the date when the BUYER has signed this Agreement. Acceptance and execution of this Agreement shall void any prior contracts or agreements between the parties concerning the Premises unless incorporated by reference herein. This Agreement is subject to and contingent upon approval by the Governing Board of the South Florida Water Management District, the Trustees of the Internal Improvement Trust fund and the Board of County Commissioners of St. Lucie County, Florida. 4. CLOSING DATE The transaction contemplated by this Agreement shall be closed ("Closing") and the Deed and other closing papers and possession, shall be delivered on or before May 28, 1999 ("Closing Date"), unless extended by other provisions of this Agreement. Closing shall be held at the office of the BUYER or BUYER's closing agent. BUYER shall have the unilateral right in its sole and absolute discretion to extend the Closing Date any number of times up to a total of sixty (60) days. 5. EVIDENCE OF TITLE a. BUYER, within thirty (30) days from the Effective Date shall, at BUYER's expense obtain a title insurance commitment ("Title Commitment") issued by a title insurer approved by the BUYER ("Title Company"), agreeing to issue to the BUYER upon the recording of the deed hereinafter mentioned, an owner's policy of title insurance in the amount of the Purchase Price insuring the BUYER as to marketable title to the Premises. BUYER shall pay at Closing the entire title insurance premium due for the title insurance policy to be issued to the BUYER after Closing pursuant to the Title Commitment. b. BUYER shall have until the later of: (1) the sixtieth (60th) day after the Effective Date, or (2) the thirtieth (30th) day after the date Buyer receives the Title Commitment and any updates thereto, or (3) the thirtieth (30th) day after the date Buyer receives the Survey, to examine the Title Commitment and the Survey. If the Title Commitment or Survey discloses exceptions to title other than those matters set forth on the list attached hereto as Exhibit "B", (those matters set forth on Exhibit "B" are hereinafter referred to as the "Approved Exceptions"), then BUYER shall within said period notify the SELLER in writing specifying which title exceptions are objected to by BUYER ("Title Objections"). The SELLER shall have ninety (90) days ("Cure Period") from the receipt of such notice to cure and remove the Title Objections. SELLER shall be obligated to and shall use diligent effort to cure and remove Title Objections within the Cure Period, including the bringing of necessary suits. If the Cure Period extends past the Closing Date, then the Closing Date shall be automatically extended to on or before the tenth (10th) day after the expiration of the Cure Period. If the SELLER shall not have cured and removed the Title Objections during the Cure Period, BUYER shall have the option of accepting title as it then is, extending the Cure Period for an additional sixty (60) day period or declining to accept title and thereupon this Agreement shall be canceled and the BUYER and the SELLER shall have no further claim against each other under this Agreement. c. Prior to or at Closing, SELLER shall, at its sole cost and expense, satisfy all B-1 requirements of the Title Commitment. If at Closing there are any unsatisfied Schedule B-1 requirements, the BUYER shall have, in addition to all other rights in this Agreement, the options set forth in subparagraph 5.b. above. d. Within 60 days after the Effective Date, SELLER shall, at St. Lucie County's expense, deliver to BUYER a boundary survey of the Premises ("Survey"), prepared by a registered land surveyor, and prepared not more than sixty (60) days prior to closing. The Survey shall be done in accordance with the minimum technical standards for land surveying as adopted by the Florida State Board of Surveyors and Mappers and shall locate all title exceptions listed in the Title Commitment. The acreage established by the Survey and approved by the BUYER, shall be used in the calculation of the Purchase Price, as set forth in Paragraph 2.b. of the Agreement. SELLER, at St. Lucie County's sole cost and expense, shall have the Survey updated prior to Closing as is necessary to enable the Title Company to delete the survey exceptions contained in the Title Commitment. 2 '-' ..., 6. CONDITIONS PRECEDENT TO CLOSING a. In addition to all other conditions precedent to BUYER's obligation to consummate the purchase and sale contemplated herein provided elsewhere in this Agreement, the following shall be additional conditions precedent to BUYER's obligation to consummate the purchase and sale contemplated herein: i. Prior to Closing, approval of the acquisitions contemplated by this Agreement and release of funds to BUYER by (1) the Department of Environmental Protection from the Conservation and Recreation Lands Trust Fund in the amount of fifty percent (50%) of the sum of the Purchase Price plus BUYER's closing costs, from the Water Management Lands Trust Fund, and/or Preservation 2000 Trust Fund in the amount of thirty percent (30%) of the sum of the Purchase Price plus BUYER's closing costs, and (2) the Board of County Commissioners of St. Lucie County, Florida in the amount of twenty percent (20% of the sum of the Purchase Price plus BUYER's closing costs. ii. The conveyance contemplated by this Agreement is not in violation of, or prohibited by, any private restriction, governmental law, ordinance, statute, rule or regulation, including but not limited to applicable governmental subdivision or platting ordinances. iii. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. iv. At Closing, there shall be no conditions with regard to the Premises, including but not limited to dangerous conditions, environmental conditions or physical conditions, that BUYER determines can reasonably be expected to (1) adversely impact BUYER's intended use of the Premises, or (2) affect the market value of the Premises. v. On the day of Closing, the Premises shall be in compliance with all applicable federal, state and local laws, ordinances, statutes, rules, regulations, codes, requirements, licenses, permits and authorizations. vi. The physical condition of the Premises shall be the same on the date of Closing as on the Effective Date of this Agreement, reasonable wear and tear excepted. b. Should any of the conditions precedent to Closing provided in subparagraph 6.a. above fail to occur, then BUYER shall have the right, in BUYER's sole and absolute discretion, to terminate this Agreement upon which both parties shall be released of all obligations under this Agreement with respect to each other, except for material misrepresentations made by SELLER to BUYER. 7. PRORATIONS, TAXES AND ASSESSMENTS SELLER shall pay at Closing all real property taxes accrued with respect to the Premises through the Closing Date in accordance with Florida Statute 196.295 and all other revenue of the Premises shall be prorated as of the Closing Date. All pending, certified, confirmed or ratified special assessment liens existing as of the Closing Date are to be paid by the SELLER no later than Closing. Intangible personal property taxes, if any, shall be paid by SELLER. 8. CONVEYANCE SELLER shall convey title to the Premises to the BUYER, and/or such other third party as may be designated by BUYER, by statutory warranty deed ("Deed") subject only to the Approved Exceptions and those title exceptions otherwise accepted by the BUYER. 9. OWNERS AFFIDAVIT/CONSTRUCTION LIENS a. At Closing, the SELLER shall furnish to the BUYER an Owner's Affidavit ("Owner's Affidavit") swearing that there have been no improvements to the Premises for ninety (90) days immediately preceding the Closing Date in order to enable the Title Company to delete the construction lien exception from the Title Commitment. If,the Premises has been improved within ninety (90) days immediately preceding the Closing Date, the SELLER shall deliver appropriate releases or waivers of all construction liens and the SELLER's construction lien affidavit in order to enable the Title Company to delete the construction lien exception from the Title Commitment. In addition, the Owner's Affidavit shall be acceptable to the Title Company in order to enable the Title Company to delete the unrecorded easements, parties in possession and other standard exceptions from the Title Commitment. b. SELLER shall comply with the provisions of the Foreign Investment Real Property Tax Act, Section 1445 of the Internal Revenue Code (FIRPTA). i. In the event SELLER is not a "non-resident alien" or a foreign person" as defined within the meaning of FIRPT A, then SELLER shall provide at Closing to BUYER 3 '-" ....,; a non-foreign affidavit in a form acceptable to the closing agent ("Non-Foreign Affidavit"); or ii. In the event the SELLER is a "non-resident alien" or "foreign person" within the meaning of FIRPTA and SELLER has not otherwise obtained an exemption or other written release from the Internal Revenue Service (IRS), then the closing agent shall withhold a sum equal to 10% of the Purchase Price, or such amount set forth in any written release from the IRS, from SELLER's proceeds at Closing and pay such sum to the IRS within 10 days from Closing. 10. DOCUMENTS FOR CLOSING a. At Closing, SELLER shall execute and deliver (or cause to be executed and delivered) to BUYER the following documents and instruments ("Seller's Documents"): i. the Deed ii. the Owner's Affidavit Hi. the Non-Foreign Affidavit iv . the Closing Statement v. All other documents and instruments provided under this Agreement, required by the Title Company or reasonably required by BUYER to consummate the transaction contemplated by this Agreement, all in form, content and substance reasonably required by and acceptable to BUYER. b. The BUYER shall prepare the Seller's Documents (except for the Closing Statement and documents required by the Title Company). The BUYER shall prepare or cause the closing agent to prepare the closing statement and submit it to BUYER at least ten (10) days prior to Closing. 11. WARRANTY a. SELLER warrants that there are no facts known to SELLER materially affecting the value of the Premises which are not readily observable to BUYER or which have not been disclosed to BUYER. b. The SELLER hereby represents and warrants that there are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi- governmental authority, including but not limited to, BUYER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Premises, or any portion thereof, and SELLER has not granted nor is obligated to grant any interest in the Premises to any of the foregoing entities. 12. EXISTING MORTGAGES AND OTHER LIENS At Closing, SELLER shall obtain satisfaction of record of all mortgages, liens and judgments applicable to and encumbering the Premises. 13. EXPENSES St. Lucie County shall pay all State and County surtax and documentary stamps that are required to be affixed to the instrument of conveyance and all costs of recording the Deed, and all other Closing Documents to be recorded. Any corrective instruments to be recorded, shall be paid by SELLER. 14. DEFAULT a. If the SELLER fails or neglects to perform any of the terms, conditions, covenants or provisions of this Agreement, the BUYER may seek specific performance without thereby waiving any action for damages resulting from SELLER's breach. If the BUYER fails to perform any of the covenants of this Agreement, SELLER shall have the right to seek damages or specific performance. b. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, the prevailing party will be entitled to recover reasonable attorney's fees and costs from the other party. 15. RIGHT TO ENTER The SELLER agrees that from the Effective Date through the Closing Date, all officers, employees and accredited agents of the BUYER shall have at all proper times the unrestricted right and privilege to enter upon the Premises for all proper and lawful purposes, including but not limited to inspection, investigation, examination of the Premises and the resources upon it. 16. RISK OF LOSS AND CONDITION OF REAL PROPERTY SELLER assumes all risk of loss or damage to the Premises prior to the Closing Date and warrants as a condition of Closing, that the Premises shall be transferred and conveyed to BUYER in 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 Premises is altered by an act of God or other natural force 4 '-" 'wi However, in the event the condition of the Premises is altered by an act of God or other natural force beyond the control of SELLER, BUYER may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. In the event BUYER elects not to terminate this Agreement, the Purchase Price shall be reduced by the appraised value as approved by BUYER, of the damaged or destroyed improvements, and any casualty insur~nce proceeds shall belong to the SELLER. 17. 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 and BUYER's possession of the Premises. 18. OCCUPANCY AND POSSESSION SELLER warrants that there are no parties in occupancy of the Premises other than SELLER, and at Closing, SELLER shall deliver occupancy of the Premises free and clear of all parties. 19. SPECIAL CLAUSES a. Environmental Conditions i. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. ii. As a material inducement to BUYER entering into this Agreement, the SELLER hereby warrants and represents the following: (1) The SELLER has obtained and is in full compliance with any and all permits regarding the Disposal of Pollutants on the Premises or contiguous property owned by SELLER. (2) Except as disclosed by Environmental Phase I Audit of the Premises prepared by South Florida Water Management District and dated September 15, 1997, the SELLER is not aware nor does it have any notice, actual or constructive, of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Premises or on contiguous property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or threatened against the SELLER relating in any way to the Disposal of Pollutants on the Premises or on any contiguous property owned by SELLER. ¡ii. Liability. While Paragraph 20.a. establishes contractual liability for the SELLER regarding pollution of the Premises as provided herein, it does not alter or diminish any statutory or common law liability of the SELLER for such pollution. b. Prior to Closing, SELLER, at its sole cost and expense, shall clean up and remove all abandoned personal property (including but not limited to trailers of all types), refuse, garbage, junk, rubbish, solid waste, trash and debris from the Premises. 20. BROKER FEES SELLER warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except for Merritt Realty. SELLER shall pay all real estate commissions, fees and other consideration due brokers in connection with the transaction contemplated by this agreement. 21. MISCELLANEOUS - a. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, or sent by any form of overnight mail, addressed to: 5 '-" y TO BUYER: Director of Real Estate Division South Florida Water Management District (MAILING ADDRESS:) P.O. Box 24680 West Palm Beach, Florida 33416-4680 Fax (561)681-6233 (OFFICE LOCA TlON:) 3301 Gun Club Road West Palm Beach, Florida 33406 County Attorney St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Fax (561 )462-1440 TO SELLER: With a copy to: Edgar & Lois Barker 411 Weatherbee Road Fort Pierce, FL 34982 Merritt Realty 4822 S. U.S. #1 Fort Pierce, FL 34982 Fax or to such other address as any party may designate by notice complying with the terms of this Subparagraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) 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; and (5) one day after mailing by any form of overnight mail service. b. Severability. If any provision of this Agreement or any other Agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. c. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile copy of this Agreement and any signatures hereon shall be considered for all purposes as originals. - d. Interpretation. This Agreement shall be interpreted without regard to any presumption or other rule requiring interpretation against the party causing this Agreement or any part thereof to be drafted. - e. Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by the BUYER and the SELLER shall control all printed provisions in conflict therewith. f. Iim.e. Time is of the essence with regard to every term, condition and provision set forth in this Agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or a,legal holiday shall extend to 5:00 p.m. of the next business day. 6 '-' "" g. 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 agreements or representations, unless incorporated in this Agreement shall be binding upon any of the parties. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. h. Successors in Interest. This Agreement shall be legally binding upon the parties hereto and their heirs, legal representatives, successors and assigns. This Agreement may not be assigned by SELLER without BUYER's prior written consent. BUYER: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ATTEST: Secretary ATTEST: Clerk of Court Approved As To Form and Correctness: County Attorney ~,~t/4'd Witness ~ zp~ ' wP Witness - ¿¿ G\:) ~~ w~£þ /~~ Witness By: Chairman Executed by the BUYER on BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Chairman Executed by the BUYER on SELLER: ~1/ß~ d r H. Barker <.~;i'¿~ LOIs Grace Barker 7 '-' "wi Exhibit "A" Tract No. FG-IOO-015 That part of the South 330 feet of the North 495 feet of the Southeast 1/4 of the Southeast 1/4 of Section 29, Township 35 South, Range 40 East, St. Lucie County, Florida, lying West of North St. Lucie River Drainage District Canal No. 29, excepting any existing rights-of-way for drainage canals and public roads. Description taken from Official Records Book 185, Page 271, Public Records of St. Lucie, Florida. Containing 4.33 acres per St. Lucie County Tax Rolls. NFORK\ªarker, Edgar H. & Lois G. c:\data\nfork\ 1 00-0 15.lg1 February 18, 1997 ,,~ "wi EXHIBIT "B" TO AGREEMENT FOR SALE AND PURCHASE BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ST. LUCIE COUNTY AND Edgar H. Barker and Lois Grace Barker APPROVED EXCEPTIONS NONE All recording information refers to the Public Records of St. Lucie County, Florida unless otherwise specifically noted. .::x. Q) Q) ,.".. u Q) ~ t ~~z Ul fi5~~ HI E ~ i 8-§ oj ~p ã5:æ ~ {lJ; ð § ~ iH f1; I J!iI ~~ ~ ¡.~~ 8 ~ ~ HI ~ ¡h di - . ......... c Q) I-- " Q) > .- LL ~--~~~---~..._._...__.._- ~~- -- ~~ ~ ....., DEPARTMENT OF LEISURE SERVICES MEMORANDUM FROM: Don Cole, Acquisition Manager Steve Fousek, Environmental Lands Specialist ~ Jack Doughney, Leisure Services Director~\ February 2, 1999 y ~ TO: THROUGH: DATE: SUBJECT: Barker Parcel ******************************************************************* The Barker parcel is located within the 5 & 10 Mile Creek acquisition area. The 4.33 acre parcel contains primarily hammock communities located near the confluence of Five and Ten Mile Creeks. The site, located south of the Florida East Coast Railway tracks, is in pristine condition, with no man-made impacts or alterations. The overstory is dominated by very old Live Oak, Cabbage Palm, Slash Pine and Hickory. The parcel is an excellent example of mature, old growth ecosystems. Acquisition of the site will add to the existing preserved lands located contiguous to the property, creating a relatively large parcel. Acquisition of the site will nearly complete the project. There are several attributes of the parcel including: - lack of exotics and other management needs; _ location to close proximity to a large population center; _ provides flood protection along the waters of the North Fork; - protects valuable habitat, and; _ eliminates an outparcel within an acquisition area. I support the acquisition efforts of the Barker parcel. cc: Pete Keogh, Special Facilities Manager ..... - -- . - -- '-" '-' Department of Community Development Planning Division MEMORANDUM TO: Don Cole, Acquisition Manager FROM: David Kelly, Planning Manager~t- DATE: February 2, 1999 SUBJECT: Barker Parcel - North Fork of the St. Lucie River (NFSLR) Environmentally Significant Lands project This is to follow-up on our discussion yesterday and to confirm our recommendation for the purchase of the subject parcel which is located within the NFSLR greenway corridor. Although relatively small in area, 4.35 acrès, purchase of this parcel will ensure the protection of a contiguous nature preserve at the confluence of Five and Ten mile Creek. Purchase of the Barker parcel will preserve native upland and wetland habitat; provide floodplain protection; safeguard water quality, enhance passive resource-based recreational opportunities. We recommend approval of the $35,000 purchase price, understanding that the County will be reimbursed 80% of the South Florida Water Managements District's maximum offering price of $29,000. If you have any questions, please let me know. ""'W'''' ~ ' \..( AGENDA REQUEST I~M No.ll ~I DATE: February 9, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPf): County Attorney Daniel S. McIntyre County Attorney SUBJECT: QVC St. Lucie, Inc. - Job Growth Investment Grant Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: NO FUNDS REQUIRED UNTIL FY 2000 - TO BE APPROPRIATED IN FY 2000 BUDGET PROCESS PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Grant Agreement and authorize the Chairman to sign the Agreement. [ ] APPROVED [] DENIED [.¡ OTHER: PULLED COMMISSION ACTION: Originating Dept. Review and Auprovals Management & Budget ~ Conun. Dev. Dir.: £~'L..,/ / Purchasing: - County Attorney: Other: Finance: (Check for Copy only, if applicable) ~~ þt/ Eff. 5/96 ~ - \wi '-' A\ . INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-119 DATE: February 2, 1999 SUBJECT: QVC St. Lucie, Inc. - Job Growth Investment Grant Agreement BACKGROUND: Attached is a draft Job Growth Investment Grant Agreement between the County and QVC St. Lucie, Inc. The terms of the Grant Agreement are consistent with the terms outlined in the County Administrator's January 26, 1999 letter to Mr. Downs. Under the terms of the Agreement, the County agrees to pay QVC two thousand and 0/100 ($2,000.00) dollars per full-time equivalent job not to exceed five hundred thousand and 0/100 ($500,000.00) dollars over a two (2) year period. The County's maximum annual funding commitment is two hundred fifty thousand and 0/100 ($250,000.00) dollars. Full time equivalent jobs are established by total payroll hours divided by 35. The Agreement provides that any portion of the maximum annual funding commitment not paid to QVC in any year shall be carried forward to the next year of eligibility. The initial eligibility Tietermination for payment of JGI funds shall be made on the first anniversary of the effective date. Subsequent eligibility determinations shall be made at each subsequent anniversary of the effective date. QVC has agreed to pay employees a starting wage of not less '-' '-' than ßeven and 0/100 ($7.00) dollars without taking into account the value of any benefits. The Agreement also provides for an additional grant not to exceed five hundred thousand and 0/100 ($500,000.00) dollars payable over a five (5) year period beginning two (2) years from the effective date. The funding commitment is based on the County paying six hundred sixty-six and 66/100 ($666.66) dollars per full-time equivalent job for each job in excess of the two hundred fifty (250) jobs created under the initial grant. The incentive is based on the following cumulative schedule: FULL-TIME EOUNALENT JOBS YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 400 JOBS 550 JOBS 700 JOBS 850 JOBS 1000 JOBS Any unused amount shall be carriedfonvard to the next year of eligibility. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Grant Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, DSM/ caf Attachment '-' "'" . ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT TIllS AGREEMENT is made as of the day of , 1999, by and between St. Lucie County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY and QVC ST. LUCIE, INC., a Florida corporation, hereinafter referred to as the COMPANY, whose Federal Tax I.D. number is 23-2988393. WIT N E SSE T H: WHEREAS, it is the policy of the COUNTY to stimulate short term economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation with St. Lucie County is beneficial to the local economy; and WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Program encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and WHEREAS, St. Lucie County, through its Board of County Commissioners, has created a Job Growth Investment Fund; and WHEREAS, the COMPANY will locate in St. Lucie County an approximately fifty thousand (50,000) square foot regional headquarters telecommunications facility and thereby create certain new employment opportunities at a certain average salary level in St. Lucie County in accordance with this Agreement if the COUNTY provides to the Company a Job Growth Investment Grant; and WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth Investment Grant; and WHEREAS, based on the COMPANY's experience in other areas, it is the COMPANY's expectation that more than fifty (50%) percent of the non-management g:\atty\agreemnt\qvc-job growth -1- \wi """ employees and more than seventy (70%) percent of the management employees will reside in St. Lucie County; and, WHEREAS, the COUNTY fmds and declares that it is in the public interest to award a Job Growth Investment Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. DefInitions. As used in this Agreement, the following terms shall mean: a) "Audit" - includes the normal reporting process a business provides to government entities. b) "Default" - failure to comply with the material terms of the Agreement, as set forth in Paragraph 8 herein. c) "Effective Date" - shall have the meaning set forth in Paragraph 3.A. herein. d) "Full-time Equivalent Jobs" - shall be established by total payroll hours divided by 35. e) "U nused Amount" - shall have the meaning set forth in Paragraph 3.A. hereof. 2. Term: Termination. This Agreement shall be effective upon the date of execution of this Agreement by both parties hereto and shall automatically terminate seven (7) years after the Effective Date unless terminated earlier by the County because of a Default by the COMPANY or unless extended as provided herein. 3. Grant Eligibility: Payment Schedule A. Initial Grant. Subject to complying with the requirements of Paragraphs 4.A. and 6., the COMPANY shall be eligible for an initial grant of up to five hundred thousand and 0/100 ($500,000.00) dollars payable over a two (2) year period. The two (2) year period g:\atty\agreemnt\qvc-job growth -2- ~ ......, will begin on October 1, 1999 or the date QVC first hires employees, whichever date first occurs (the "Effective Date"). This funding commitment is based on the County paying two thousand and 0/100 ($2,000.00) dollars per full-time equivalent job. Bonus criteria shall apply. The County's maximum annual funding commitment is two hundred fifty thousand and 0/100 ($250,000.00) dollars. Any portion of the maximum annual funding commitment not paid to the COMPANY (the "Unused Amount") in any year shall be carried forward to the next year of eligibility and the applicable maximum annual funding commitment shall automatically increase by an amount equal to the Unused Amount. B. Additional Grant. In accordance with the requirements of Paragraphs 4,B. and 6, the COMPANY shall be eligible for an additional grant of up to five hundred thousand and 0/100 ($500,000.00) dollars payable over a five (5) year period. The five (5) year period will begin two (2) years from the Effective Date. The funding commitment is based on the County paying six hundred sixty-six and 66/100 ($666.66) dollars per full-time equivalent job. Bonus criteria shall apply. The County's maximum annual funding commitment shall not exceed one hundred thousand and 0/100 ($100,000.00) dollars. Any Unused Amount shall be carried forward to the next year of eligibility and the applicable maximum annual funding commitment shall automatically increase by an amount equal to the Unused Amount. C. Eli~ibility Determination: P~ment. The initial eligibility determination for payment of JGI funds shall be made on the first anniversary of the Effective Date. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date. Payment of JGI funds shall be made within forty-five (45) days after the date the COMPANY submits its Annual Job Status Report, and this obligation shall survive the termination of this Agreement. 4. Job Creation Commitment: Incentive A. Initial Job Commitment. As a condition precedent-to obtaining the full amount of initial grant set out in Paragraph 3 .A., the COMPANY g:\atty\agreemnt\qvc-job growth -3- - - - '-' "" . agrees to provide a minimum of two hundred fifty (250) full-time equivalent jobs. In the event QVC creates more than one hundred twenty-five (125) full-time equivalent jobs in the first year, those additional jobs may be applied toward the COMPANY's job commitment in the second year. In the event the COMPANY creates more than one hundred twenty-five (125) full-time equivalent jobs in the second year, those additional jobs may be applied toward the COMPANY's job commitment in the first year where the COMPANY did not receive the maximum annual funding. Jobs created in excess of those required by Paragraph 4.A. may be applied toward the COMPANY's job commitment in Paragraph 4.B. below. B. Additional Job Incentive. As a condition precedent to obtaining the full amount of the additional grant set out in Paragraph 3.B., and as an incentive for the COMPANY to provide more than the minimum two hundred fifty (250) full-time equivalent jobs, the County agrees to pay six hundred sixty-six and 66/100 ($666.66) per full-time equivalent job as set out in Paragraph 3.B. for each full-time equivalent job in excess of the two hundred fifty (250) jobs created pursuant to Paragraph 4.A. not to exceed an additional seven hundred fifty (750) full-time equivalent jobs. The incentive is based on the following cumulative schedule: Full-Time Eq.uivalent Jobs YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 400 jobs 550 jobs 700 jobs 850 jobs 1000 jobs In the event the COMPANY creates more than one hundred fifty (150) full-time equivalent jobs per year, the additional jobs may be applied toward the COMPANY job commitments in subsequent years or to prior years where the COMPANY did not receive the maximum annual funding. - 5. Salary Level Commitment. As a further condition precedent to and as consideration for obtaining Grant funds from COUNTY , COMPANY agrees g:\atty\agreemnt\qvc-job growth -4- · - - ~ "'" to pay employees whose job is eligible for grants hereunder, a starting wage of not less than seven dollars ($7.00) per hour without taking into account the value of any benefits. The COMPANY shall provide written verification satisfactory to COUNTY to such starting wages in accordance with the provisions of Paragraph 6. hereinbelow. 6. Annual Job Status Report. The COMPANY must provide the COUNTY with unemployment compensation reports (Form UC6) of its business operations within St. Lucie County on the State Form UC6 as amended which is attached hereto and made a part hereof as Exhibit "D". The COMPANY shall provide the reports at the same time it provides the State with the reports but no less frequently than semi-annually. The cumulative unemployment compensation reports for the annual period prior to each eligibility determination shall comprise the Annual Job Status Report. 7. Grant Restriction. The Grant funds available under this Agreement as referenced in paragraph 3. will be provided only for reimbursement of expenses associated with the construction of the facility and physical move of the COMPANY to St. Lucie County as set forth on Exhibit "C", which is attached hereto and made a part hereof. 8. Default: Termination. In the event COMPANY, after notice and reasonable opportunity to cure, not to exceed sixty (60) days, defaults in the performance of its promises and commitments as provided for in this Agreement, the COUNTY may, at its option, terminate this Agreement. 9. Indemnification. For ten and 0/100 ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, their agents, servants, and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the CaMP ANY, its agents, servants, or employees in the performance of services under this Agreement. To the extent allowed by law, the County shall indemnify and save harmless the COMPANY from and against any and all claims, liabilities, losses and/or cause of action which may arise from any negligent act or omission of the COUNTY, its agents, servants or employees, in the performance of services under this Agreement. g:\atty\agreemnt\qvc-job growth -5- ~ ....." · 10. Forum: Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in St. Lucie County or the Federal District Court for the Southern District of Florida. No remedy herein conferred 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 by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 11. Lobbyist Certification. The COMPANY warrants that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY or QVC, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 12. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 13. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 14. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. g:\atty\agreemnt\qvc-job growth -6- '-" '....,! -IS. Assi~nment. COMPANY shall not assign this Agreement to any other persons or firm without first obtaining COUNTY's written approval provided, however, that the COMPANY shall have the right to assign this Agreement to a subsidiary, a parent corporation or a subsidiary of its parent corporation, without first obtaining such consent, in which event the COMPANY agrees to provide written notice to the COUNTY of same. 16. Conflict of Interest. The COMPANY 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 COMPANY further represents that no person having any interest shall be employed for said performance. 17. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested, or Federal Express or other recognized overnight service, and if sent to the COUNTY shall be mailed to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 and if sent to the COMPANY shall be mailed to (current, official address): QVC St. Lucie, Inc. c/o QVC, Inc. 1200 Wilson Drive West Chester,Pennsylvania 19380 Attn: Senior Vice President Order Entry and Customer Service g:\atty\agreemnt\qvc-job growth -7- With a copy to: QVC St. Lucie, Inc. c/o QVC, Inc. 1200 Wilson Drive West Chester, Pennsylvania 19380 Attn: General Counsel Dean, Mead & Minton 1903 S. 25th Street, Suite 200 Fort Pierce, Florida 34947 Attn: Robert N. Klein, Esq. ~ -..."",¡ Notice shall be deemed given when deposited for certified mail and when received by overnight delivery. 18. Entire A~reement: The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the Board of County Commissioners of 51. Lucie County, Florida, has made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto set its hand the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney QVC ST. LUCIE, INC. WITNESSES: BY: Title: Print Name (Corporate Seal) g:\atty\agreemnt\qvc-job growth -8- - '-' '....I EXlHBIT "A" TO THE JOB GROWm INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND QVC ST. LUCIE, INC. (COMPANY) Company Identification and Information: Applicant code number: 99-01 Application date: Company description: Company new location address: Company new mailing address (notify County of new address when known): g:\atty\agreemnt\qvc-job growth -9- ....... '-J EXHIBIT "B" TO THE JOB GROWm INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND QVC ST. LUCIE, INC. (COMPANY) I. Industry Category: Aerospace/Engineering (eligible for 10% cluster bonus) Agriculture/Food Processing (eligible for 10% cluster bonus) Business/Financial Services (eligible for 10% cluster bonus) x.. Computers/Communications (eligible for 10% cluster bonus) Pharmaceutical and Medical Products & Devices (eligible for 10% cluster bonus) Marine Industries (eligible for 10% cluster bonus) Sports/Recreation Industry (eligible for 10% cluster bonus) Other (not eligible for cluster bonus) II. Application Section Criteria: N on- retail Expansion <- square feet or jobs) x.. Relocation (1,000 square feet or jobs) III. Bonuses: Potentially applicable bonuses - use 10% x base amount on each of the following: x.. Cluster Company (10% bonus) x.. 50 or more total jobs (10% bonus) x.. 75% or more local hires (non-management jobs) (10% bonus)* x.. 75% or more local hires (management jobs) (10% bonus)* + Total Bonuses Total Grant (base amount + total bonuses) * For purposes of bonus calculation only, to be counted as a "local hire", the employee must have resided in the County at least one (1) year prior to employment. g:\atty\agreemnt\qvc-job growth -10- - -- - '-' '....I EXlHBIT "C" TO THE JOB GROWm INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND QVC ST. LUCIE, INC. (COMPANY) ELIGmLE REIl\ffiURSABLE: USE OF FUNDS. These monies may be used to reimburse COMPANY for the following expenses associated with the expansion and/or relocation of the COMPANY to St. Lucie County: 1. Corporate or Company Relocation Expenses (a) The cost of moving the company assets to St. Lucie County. 2. Payment of Impact Fees (a) Impact fees assessed to new development are at a proportionate share of the cost of providing the new capital facilities necessitated by that new development. (b) Impact fees assessed by the COUNTY. (c) Impact fees assessed by local governments and/or by special districts shall be limited to an amount recommended by the Job Growth Investment Grant Review Team that will review the fees. 3. Infrastructure Costs. (a) The cost to get a facility in condition to operate as intended. (b) Reimbursable expenses shall be limited to land, land improvements (including buildings and other structures), road improvements, and water and sewer connection fees. (c) Water and seweLConnection fees charged by entities other than the County require pre-approval, as indicated in 2(c) above. g:\atty\agreemnt\qvc-job growth -11- - '-'" '..".¡ . 4. Lease-hold Improvements (a) The cost of improvements made to leased property. 5. Company-sponsored Child Day Care Facilities (a) Initial set-up and implementation of day care facilities. (b) Eligible costs shall not include operating expenses. 6. Lease and Rent of Facility Expenses (a) Actual lease or rental payments for the company facilities. 7 . Lease Buy-outs (a) Lease buy-outs at locations outside St. Lucie County when the relocating company vacates leased space to move to St. Lucie County prior to expiration of that lease. 8. Training Program Expenses for New Employees a) The cost of training and program expenses for new employees 9. Other Expenses (a) Other expenses as approved by the Job Growth Investment Grant Review Team: * Employee transportation, limited to loading and common carriers (including air/surface carriers-airline, vehicle rental, taxi); * Costs associated with setting up new facility in St. Lucie County, excluding utility deposits; * -Employee advertising and placement fees (payments to advertise and to employment agencies for relocating/ placing new employees to St. Lucie County location); * Relocation of office equipment and materials to facility location in St. Lucie County; g:\atty\agreemnt\qvc-job growth -12- · g:\atty\agreemnt\qvc-job growth - '-" ...""'" * * Legal fees, excluding fees associated with application process. Other expenses as recommended by the Committee. -13- ... - - Unemplo\....flnt Compensation employer'~artðr!y Report . ALL IN~Rh1ATION MUST 81: PRINTEO Ct..l!AAL'7íN BUCK INK r-ö;.¡ïèÃ-¡::;;:;- I 1" .., . .. to: r¡,. /UooDulllc-"E.~tofIO~a&.I1~I>t~"., -. /fie pn:II1 "'*' ~ tI\I: I~. ..._... I I \ ¡ '-- I rftlty ~ ""-a1CÎø11 ~ CIn I."t ~, II ~,.c ~ ",,'(d .,,~ !'Q 1M: - tit u.c. \.U 4oCI, =- ., 10 lie ~ "II ¡~ 01'9..,.... ".'C!. S;c¡n.u c '...... # ~ --.- # 11._ # T"ê:: PI\c¡nr; ;>r~1/' ',/f.MIIc; c.uc p,~'~ "'-- - .-- I 10. ¡iCP.oræs , ~~rr~' ...."*... A"".:Aft " 1M NoI t \oI;~t 1. ~. W.s I¡jØ I,", QIC' ~ I"IOU A!lt,....II it... i I .<J - "1 " ~'aid IIIii IþIlf1ct ¡., CII%1' · J' It ~l.000,ct ""...' ."''fC1' ~ . -- 6, ~~c::;Iw!hø.._ S IðcøI Z "'"" - 1J ...--... ..- 5 r",o.. S ~;'~'Øyr¡¡~1 . . , -.- 5. 'aV117 00K Is. itunr.tcm: .- .-.---..- '1. ~-.gai Ow IS- ....·."ji-I -- 8. Ctedllrtlll 00·27 S CWIt- ~~ b ""-tl 9, r...............~ S ~.. .~'~lor,.;Q vc. F4;r~ 1 t. EJoIF\OYH·S~· I.~ ,.. ... ....... ....... . .. __ .. .... "'...oN.. 1.- -- I I- I I L______ - - -- '. I I ,'- ~--- r I , ~- L...-._,____ ¡ ¡ I t "---- U-..: Ac-.t ~ ~( Mx Á¡jr.;~ f""p"'~ I; 1I'""1"',,,d ¡ \ I r t l._ . lJH ~ ""0 - . '(.I.~'...... q~\lWa.&1~~ -~ , $ S ,- 12. EHP\.~ QIQSS JW;6 ''11'''' .I'AjO n4tS ~~ ~.. '-01 ¡s 1.5 L;~j L-' ,ts .~ J.' , ~-I L......a ~- r c;.... '.11.19" ''''' ¡w,. I I', tal.. Goo," ....Io'ic; 'I ¡'\of.~ ~~~ ~,,·C( ";\h a.... I ' ¡,. hi ....~: ~:N~~~ ~ (~~U ~\e. .'po~~ --_._~ Exhibit ~D" ~: ~ I: -~- Is J 1$ I IS $ --- - ~ ...." 02105/99 ST. LUCIE COUNTY - BOARD PAGE 1 FZABVARR VARRANT LIST 119- 30-JAN-99 TO 05-FEB-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 382,460.50 241,430.01 001001 Recreation Special Events 1,600.00 0.00 001112 Sec112/MPO/FHVA Planning 97/98 4.41 0.00 001116 Sec 112/MPO/FHWA/Planning 98/99 2,675.82 3,498.33 001120 Community Services Block Grnt 98/99 148.47 218.75 001235 TDC Planning Grant 98/99 86.89 0.00 001804 SFWM/SLSVCD Vell Monitoring Program 7,658.62 0.00 101 Transportation Trust Fund 88,684.78 87,005.81 101001 Transportation Trust Interlocals 2,932.50 0.00 101006 Transportation Trust/Impact Fees 3,150.00 0.00 102 Unincorporated Services Fund 25,426.18 32,376.52 102001 Drainage Maintenance MSTU 25,944.96 2,914.08 102103 Urban & Community Forestry 97/98 588.20 936.80 105 Library Special Grants Fund 3,128.76 1,925.60 107 Fine & Forfeiture Fund 159,221. 46 64,685.99 115 Sheraton Plaza Fund 431. 90 0.00 118 Paradise Park Fund 693.65 0.00 140 Port & Airport Fund 17,313.71 5,906.02 160 Plan Maintenance RAD Fund 10,181.22 1,964.80 170 Court Facilities Fund 63.79 0.00 182 Environmental Land Acquisition Fund 1,676.29 1,431.39 183 Ct Administrator-19th Judicial Cir 3,057.73 3,673.11 183001 Ct Administrator-Arbitration/Mediat 1,882.99 2,449.60 183002 Ct Admin.-County Arbitration/Mediat 285.00 0.00 183206 FDJJ-Teen Court 98/99 654.56 1,138.46 185202 FHFA- SHIP 97/98 7,500.00 0.00 185203 FHFA-SHIP 98/99 925.60 1,232.80 186 Recycling Operating Fund 971.69 1,334.69 186202 DEP-Recycling & Education 98/99 216.36 444.89 315 County Building Fund 1,138.00 0.00 315201 DOS-315-Fort Pierce Branch Library 6,600.00 0.00 316 Coun ty Capital 69,068.40 0.00 362 Sports Complex Improv Fund 2,132.54 0.00 382 Environmental Land Capital Fund 16,930.75 0.00 401 Sanitary Landfill Fund 21,203.85 26,479.71 401215 DEP-Vaste Tire 97/98 138.46 0.00 418 Golf Course Fund 17,691.37 15,997.03 421 H.E.V. Utilities Fund 124.28 171.18 441 North Hutchinson Island Utilities 10,638.50 2,852.88 451 S. Hutchinson Utilities Fund 14,895.95 2,681. 72 461 Sports Complex Fund 15,607.77 8,412.01 491 Building Code Fund 11 ,569.09 14,569.45 501 Automated Services Fund 45,901. 72 48,109.33 505 Health Insurance Fund 31,291.71 0.00 510 Service Garage Fund 25,249.91 7,362.93 611 Tourist Development Trust-Adv Fund 1,955.50 2,697.31 625 Law Library 2,289.32 0.00 S9223 Fla Department of Transportation140 18,200.00 0.00 GRAND TOTAL: 1,062,193.16 583,901.20 . ._, ":of ,'< .'.iv- "" , -, .. 02/05/99 FZABVARR FUND 145 146 \"',..::-'~.:-~ ". -- '-' ST. LUCIE COUNTY - BOARD VARRANT LIST #19- 30-JAN-99 TO 05-FE8-99 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund Mosquito State I Fund GRAND TOTAL: EXPENSES 17,849.58 241.68 18,091.26 .~_.:-~ ~ .~t~. ....., PAGE 1 PAYROLL 21 ,098. 92 0.00 21,098.92 '.,' . '-' AGENDA REQUEST .."" ITEM NO. C-2 DATE: FEBRUARY 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: c9sJ~~ Traffic Operations Engineer SUBMITTED BY: ROAD & BRIDGE DIVISION-TRAFFIC SUBJECT: The Road & Bridge Division requests the Board of County Commissioners authorize the purchase of a replacement traffic signal control cabinet destroyed during an accident by a truck owned by Felix Industries, (see the attached Accident Report), which occurred on May 28, 1998 at the north east corner of U.S.1 and Midway Road. Staff further requests that the Board declare this a sole source item because Econolite is the only manufacturer of Traffic Signal Controllers that are compatable with the Closed Loop System for Traffic Signals that the County operates. BACKGROUND: After reporting the loss of the control cabinet to Public Safety and the insurance company, an estimate was made to replace the fixture in the amount of $14,307.54 for the new cabinet and $970.00 for the installation. (See the attached Loss Report). The insurance for Felix Industries has paid the County $15,425.54. FUNDS AVAIL.: 505-1905-545020-100 (Insurance Proceeds) PREVIOUS ACTION: RECOMMENDATION: Staff recommends Board approval of the purchase and installation of the new traffic signal control cabinet for the corner of Midway Road and U. S. 1. [ ]County Attorney [X]Mgt. & Budget -4P [X]Co, Eng ---P.~~ ( (check for copy only, if applicable) NCE: N: [ ] DENIED Coordination/Sianatures [X]Originating Dept. Public Works [X]Finance [X]Other ~ . ..' '-' ...., Q~ COMMISSION REVIEW: February 9, 1999 ROAD & BRIDGE DIVISION MEMORANDUM TO: Board of County Commissioners VIA: Road & Bridge Manager FROM: Traffic Operations Engineer DATE: February 9 1999 SUBJECT: Replacement of Traffic Signal Control Cabinet BACKGROUND: After reporting the loss of the traffic signal control cabinet destroyed during an accident by passing motorists at the north east corner of Midway Road and U.S.1 to Public Safety and the Insurance company, an estimate was made to replace the control cabinet in the amount of $14,307.54. A check was received from Felix Industries for $15,452.45. Staff is also requesting a P. O. be issued in the amount of $970.00 to install the control cabinet. RECOMMENDATION: The Road & Bridge Division requests the Board approve the purchase of a new traffic signal control cabinet for the intersection of Midway Road and U.S. 1, declaring this purchase a sole source purchase and issuance of a purchase order in the amount of $970.00 to install the replacement control cabinet. agenda.req.99 - '-" '-' MCCREARY CORPORATION July 28, 1998 Felix Industries 7305 W. Sample, #209 Coral Springs, Fl. 33065 RE: Our Claim Number: Our Client: Date of Incident: Your Client: 863-10340-AR St. Lucie County BOCC May 28, 1998 Ryan Lee Hall Gentlemen: Our company administers the self-insurance program in which the St. Lucie County Board of County Commissioners participate. Provided in this self-insurance program are reimbursement benefits for property damaged. The County incurs a $1,000.00 deductible on each loss. We have just been informed of a matter occurring on the above date, wherein, a vehicle owned by your company and operated by Mr. Hall damaged the County traffic signal control box and its contents at the intersection of U.S. 1 and Midway Road. Damages to this property presently total $17,712.54, This does not include additional costs to re-install the replacement cabinet; once it has been received from the manufacturer. This will run up to an additional $1,000.00. We are enclosing a copy of the Police Report and the documentation that was sent to us by the County concerning this loss. It would appear that your vehicle is responsible for this damage, and, therefore, we request that you provide this claim notice to your carrier immediately for a response to us. If your carrier fshes to reimburse ounty direct for the total damages, please let us know immediately because we ave not made paym t ~s yet. Please have your carrier acknowledge this assignment upon receipt. \ ,! :1 Çlì~Nif) Dal ~olland Claims and Loss Control Extknsion 4406 DH/vls Enclosures cc: Joeseph Finnegan, Risk Manager, Don Daniels - Safety Officer, BOCC \ I ¡ I I' I : I _(¡II C':llt:.~!! P:lrk \\ :1\. Stuart. Fiorìd~l ,~.lqtq. ~,,; I ::-; -, -/)~I J · F\.\ I ~I': I :~ - - ì ,~" - - . F.LO~rD:' ~RAFFJC CRASH VPORT , ¡;J ,LONG FùRM 0 SHORT FORM MAIL TO: DEP,T. OF HIGHWAY SAFETY & MOTOR VEHICLES TRAFFIC CRASH RECORDS TALLAHASSEE. FLORIDA 32399-0500 ''-' roo ï.öT·WRiTëïÑÿ¡¡¡š·SP¡:ëë...·......·...··....·..····· ................... ............. ·...···..·......·..··..·..··...1 ...............................................................................................................................................: DA'IE OF CRASH TIME OF æASH, TIME OFACER NOTlAED ~I TIME OFFICER ARRIVED ~~~ST, AGE~CY REPORT NUMBIE¢' I HSMV CRASH REPORT NUMBER c:: iG'I~'rI~z' /;2.~3s hMJl.9.PM 1~.'6~ nAM rxlPM /~..rJt. íl.v.Ißl!PM 3-N-O/7,fIJ-; 53541655 .2 ãí COUNTY I CITY CODE ' . Feetor ~I~ r 00 n ñ rI'· , CITY~TOWNFr.:·t?6~ClåÜ~~~~IC;;;J9~~N (.) ,~C///)O ~ 0 ..J oð AT NOOE NO, or FEET I MILES FROM NOOE NO. NEXT NODE N0'1 NO. ~ES I ~ JON STREET. ROAD OR HIGHWAY'· .. . . CD In2[J 1 DMDED, 0 '2 - E ;l 2 UNDIVIDED .. 5 ' , , , ¡:: AT INTERSECT10N OF . or , ' . FEET I MILES nrnn OF INTERSECTION OF '¡?'1/ðt.()~ .~ In 2n , DRIVER 1 Phantom r3l YEAR MAKE ... TYPE I USE VEH. UCENSE NUMBER STA'IE VEHICLE IDEHTlACATlOH NUMBER 1~¡P"HI5 POINT OF IMPACT ACTION 2H~&Run 'ì4 H¡t..}) ~ J "3 Fe.;. lPj)fF'JtJ¡'¡'AF'¡Ab).7_~ I f 7 CIRCLE [i] 3 NIA ú)lJ.5 'iff, 6 AREA OF TRAILER OR TOweD VEHICLE TRAILER TYPE I ~~ ({( II 17 . DAMAGE I S INFQRMA TlON : ~ 18U~~ e IJ 112 I II 10 . 19 Overtum 20 WmdshieIø C VEHICLÒRAVÒG 5,~ ON ÞJ t./ Est MPH I P'~ Speed ~ EST. VEHICLE DAMAGE 1 Disabling rill EST, TRAILER DAMAGE 121 FIre ~ï ~ Õ S 5 S sip ¿Jþt7 2 Functional I s 22 Trailer 3 No Damage I INSURANCE COMPANY (UASll/TY OR PIP) POUCY NUMBER .': _.¡y REMOVED BY: . 1 Tow Rot~ ÜSI O~ ; ~=m (.) ZU~¡cJI'IN~. G. &f ~;¿3~8~ i' iT "Vl"IAFF-5 r.w I,.[4 Tow Owners Request n:E , CD OWNER'S FUll NAME (CIå Ü Oriwl). ,. :', ...", '~i.- '. '......".~ ",,·CURRENT ADORESS(NllllberandS1reel ".,," d.., CITY ~~~5t~~já~~ > R "F;Iì5¡~:~:æ;:j'ìi~Tks.I,~ft1¥k5~ti).i;~5:J';/;W;;;~:/~r;¡;~;;:; ·.,~4¿~ 1 OWNER'S FUll NAME (Trailer or Towed Vehicle) CORRENT ADDRESS (Number and Street) CITY (No STA'IE ZIP CODE - ~ c:: ~::asL:'1Z~í~ ~~'Pl5;; ~:Jk,;:;~S;L::ié£ ;¡;;/ZlProœ DA'IE OF BlRTIi °5 oC¡ ~;1-73 en DRIVER UCENSE NUMBER '1- STA~I Cl Re~ BAC 'lEST 3 Urine r51 RESULTS J AU DROOl PHYS. DEF:r RES RACE Sï I INJ, I Si,UIP. EJ;CT CD " ¡lJoO-'73J.-7.3' /3 -t!) ~(.; 71 A 1 Blood 4 Refused 5 NA I - / / -3 CD 2 Breath 5 None '!II b a. HAZARDOUS MA 'lERIALS 1 Yes 2 No PLACARDED 1 Yes 2 No I RECOMMEND 1 Yes 2 No U YES, Explain in ORNER'S PHONE NO, BEING TRANSPORTED n rŸI n ~ RE-EXAI.t n !Xl NarraIive (5rP/) "51'1- Ç,SI 0 PASSENGER'S NAME (Additional on Continuation Page) CURRENT ADDRESS CITY & Sf A'IEI ZIP AGE lOC, INJ. S. ¡QUlPI EJECT. DRIVER 1 Phantom n YEAR MAKE ~PE I USE VÐl UCENSE NUMBER 51A'IE VEHICLE IDENTIFICATION NUMBER 2131415 POINT OF IMPACT ACTION 2 Hit & Run , . , ..~_. ...... "0. ~ ~ · 7 CIRCLE D 3 NIA - . .~. . ~0{l If AREA OF S TRAILER OR TOWED VEHICLE TRAILER TYPE 11 . DAMAGE INFORMATION \ 18 e . 14 I 13 112 III 10 . 19 OveItum 20 Windshield C VEHICL~RAV~G ON ÞJ Est MPH I ~OSIed Speed I ~T. VEHICLE DAMAGE 1 Disabling nl EST TRAILER DAMAGE I ~1 Fire tr- In ñ 2 Functional 22 Trailer 3 No Damage $ I INSURANCE COMPANY (UASll/TY OR PIP) POUCY NUMBER 't VEHICLE REMOVED BY: o~ 1 Tow Rotation List 3~D (.) 2 Tow Owner's Request 4 Other n:E CD OWNER'S FUll NAME (CIå if OrNer) CURRENT ADDRESS (Number and SIreeI) CITY AND 51 A'IE ZIP CODE > 10 . . 2 OWNER'S FUll NAME (Trailer or Towed Vehicle) CURRENT ADDRESS (Number and Sueet) CITY AND STATE ZIP roDE - ..... c:: DRIVER (Exac1Iy as on Driwr license) I Pedestrian CURRENT ADDRfSS (Number and Street) CITY & STATE I ZIP CODE DA'IE OF BIRTH ttI ... ëñ DRIVER UCENSE NUMBER STA'IE I Cl REO. BAC'lEST 3 Urine n RESULT:I ALlDRUG PHYS. DEf. RES RACE SEX I INJ. I S. E,UIP, I EJECT CD " TYPE 00. 1 Blood 4 Refused CD 2 Breath 5 None [l,. HAZARDOUS MA 'lERIALS 1 Yes 2No PlACARDED 1 Yes 2No I RECOMMEND 1 Yes 2No n YES. Explain on DRIVER'S PHONE NO. BEING TRANSPOR'lED D n D n RE-EXAI.t n n NarraIiw ( I PASSENGER'S NAME (Addi1ionaJ on Continualion Page) CURRENT ADDRESS CITY & SfA'lE/ZIP AGE LOC. INJ, S. ¡QUIP EJECT TRAil ~R rvP~ PUYC."" n<:CCt'TC I A' rvwr IC~ LOCATION 01 4..- 01 Private Transport.lion 01 Singie Semi T r..1er 1 County aI Ct.." 1 No DeIecIs "- I No! DriMlng .. Usonq Drugs Itn Vehicièi 02 Passenger Van 02 CommerCial Passenger 02 Tandem Semt 2 EI-. in Slate 2 EyesigIIt DefeCI 2 _ . Under Inlluence 1 Front left c:: 03 Poc:ku¡>/I.JgM Truck 03 Commercial Cargo Trailer(s) 3 Non-R_ aI Swe 3 FaIIgue I Asleep 3 Drugs· Under Innuence 2 Fron1 Cerne< .2 (2 rear lites, 04 Pubic T ransport..ion 03 Tank Tr...., 4 F..oònn S Unit... 4 Hnmg DefeCI 4 _ & Drugs· Under Innutnce 3 FrontRogt>t ãí 04 Modi... T rud< I. '... _I OS I'\Iblc School Bus 04 Saddle Mount I DL TYPE RACE S"l1Iness . 5 Had Been Dr'nkong . Rear Left OS He.vy Truck D6 PIIY.le ScnooI Bus AaIt>ed ~ =-øi!t~~ackOul 6 Pendong BAC Tell R.suft 5 Rear Cerne< E (2 .. more r.ar IlleS) 07 Ambulance OS Boat Tr..1er 1 A 2B 3 C t White 6 Re.. Roght .E D6 Truck Tract'" (Cab) OS Law En''''''ement 06 Ut~,ty TrOller 4 0 I Chaulteur 2 Black INJURY SEVERITY SAFETY EQUIPMENT IN USE T In BocIy aI True 07 Mol", Home IRV) 09 FireIRescue OT House Tr..'" 5 E/Oøe<ator 3 H1SØanC , None , Not In Use B Bus Passenger c:: OS Bus 10 Mdilary 08 Pol. Tr..ler 6 EIOøe<·Rest 40!her 9 OIlier 09 BocycIe II OIlier Govemmenl 09 Towed Vt/IICf. T None 2 PossoOle 2 Se.t Bel! I Shouloer H.rness ::JECTED CD 3 Non-IncaøaCttaUng 3 Chdd Restr..nl "0 10 _"'cycle TT OIlier TT Other REOUIRED 4 Incapaalalonq 4 "'r B.g 0 11_ SEX 5 FalaI (WoINn 90 O.ys, 5 Salety Helmet INo () 12 An Terr"n Vehicle ENDORSEMENTS 2 Yes 13 Tratn I Male 6 Non· Trallic F.taldy 6 Eye PrOle<:!"'" 3 PatI1a1 77 0!11tf 1 Yes 2 No 3 NR 2F_ 0__ .¡ r"...._. / / "SMV 90003 . 11951 S 3 ~~~~~~:.; ~7';~,· HAZARDOUS MATERIALS 1 Yes 2 No BEING TRANSPORTED 01 Collision With MV in Transport (Rear-end 02 Collision With MV in Transport (Head-on) 03 Collision With MY in Transport (Angle) ()4 Collision Wilh MV in Transport (lelt Tum) 05 Collision With MY in Transport (Righi Tum) 06 Collision WillI MY in Transpon (Sideswipe) 07 Collision With MY in Transport (Backed Into) 08 Collision With Patted Car 09 Collision With MY on Other Roadway 10 Collision With Pedestrian 11 Collision Willi BicycJe 12 Collision With Bicycle (Bike lane) 13 Collision With Moped 14 Collision With Train CONTRIBlTTING CAUSES· ROAD 01 No Defects 02 Obstrudion WIth/WIIhouI Warning 03 Road Under Ae¡¡air / Construction ()4 Loose Surface Ma1eriaIs 05 Shoulders· SoIt/ Low / High 06 Holes/RIllS/Unsafe Paved Edge 07 Slanding Water 08 Worn / Polished Road Sllrfac:e 77 All Other (E1¡IIain) - ON At ~ - ." ~ ~. - . . .. - ... ~ . ,,;.~:': I,: . '. ~ '-.:-. ... .,4 _ '.... ~ .'. ". .....,;.... "- "'':.':0:";.,:.,'''' ..'. ,. VÐtIo.E lDEHT1FICAi1OH.. .'. '.: . ... :·:~~··i:..:~_~?:~:~~~~_~;::~~:~.~(· '.: '~'." ", EST. VEHla.E DAMAGE 1 Disabling ,'~' ; :". ~~;. ,2 Functional S '. . ,~ 3 No Damage VEHIa.E REMOVED BY: . ' .~ '; ~AAEHT ADORESS (N1II1ber and~) -'·~:~..;r:..'.:'_...:,.~ CURRENT ADDRESS (Number and Street) , . . '._. ~.:~ CU~ ADOAESS (N.~ ~ SIreeI) >' QTY & STATE / ZI~ CODE ,.~:".:~-:.,,;:-,:.,:,..'.""~'~"~ _:.' . '~,.~...~:~':' '.".~' ":_-.)';"~··t RES RACE LOCATION TYPE 1 Primariy Business 2 Primariy ResidenIiaI 3 Open CÐuntry [2] & PfIOPERTYDAMA.GED.OTHjR:rHAH VÐlfa.ES: n EST. AMOUNT OWNER~ NAME ADOAESS ')fY'STATEZIP 2 ;;.:-;.·..þ¡¿;~-:t.ð;;,,-4¿A ~/ð,L$;~~~·~~2~~· /r¿ .4''''i h..ffG-¿.c6'.~:& CONTR1BlTTING CAUSES· DRIVER /PED, VEHIa.E DEFECT VEHla.E t.IOVÐ.IENT·"... ' , VEHfQ.e SPEOAl FUNCTIONS 01 No Improper Driving / Action 1 2 01 No Defects . 1 2 3 01 SUaighI Ahead 1 2 3 1 None 1 2 ~5et~Way lliJØ0 :=a~It>/lø[2J :æ[~/~Þ'iløf2J H= wlZ] ~ ~=~~ge I/G I ø 171 05 ~hn/BIowouI í71r7t r7f : ~ ~ :~ ~oc ~ =:n=-. 07 AIcohoI-Onder Inftaence IL.J 06 Stee"':'9 MecIt. IL.J !LJ ILJ 07 Entenngfl.eaving Parking Søace Runaway Veh. 08 Dfugs-Under fnIIuence ø ø ø 07 Windshield Wipers 08 Properly Parted 77 AI Other 09 Alcohol & ~er lnlluence 08 Equipment/Vehicle T1 AI Other 09 ImptDlledy Parted (Explain in 10 Fallowed Too 00seIy Defect in in . 10 Mak' ~Tum Namdive 11 Distega¡ded TraIfiç Signal 12 Exceeded Sale Speed ümit 19 Improper Load LOCATION ON AOAImAY PEDESTRIAN ACTION 13 Disregarded Stop Sign 20 Disregarded Other 1 On Road 1 2 3 01 CrossiIg NalIlInIersecIion 07 OIlIer WCIIting 1 2 3 14 Failed to Maintain Equip./VeIIicIe TraIfiç Control 2 Not On Road ~ ø [Z] 02 Qoaing II Mid-ÐIoci CtasswaJt II Road ø [Z] ø 15 Improper Passing 21 DINing Wrong Side/Way 3 Shoulder ~ 16 Drove Lett at Center 22 Fleeing Police 4 Median ~ : = '::=Ith TJ1ftic œ ~ 17 ExceededSta1edSpeedLinil 23 Vehicle Modified 5 Tumlane/ OS Wa/lóngAlongRoadAgainslTrafIic: œ SIancf'"!in , T1A101her(Ezplain) 18 Obstructing Tralfic 77 AlI·Other (Explain) Safety Zone OS Working an Vehicle in Road Pedestrian Island sa UnknoWn FIRST / SUBSEQUENT HARMFUL EVENT ROAD SYSTEM IDENTlAER 15 CoIfision With Animal 16 MV H~ SignlSign Post 17 MV H~ Utility PoIeJLighT Pole 18 MY H~ Guardrail 19 MY H~ Fence 20 MY H~ Concrete Barrier W¡J 21 MV Ifd BridgefPier/AbutmentlAail 22 MY H~ TreeJShrubbety 23 Collision Wilh ConsIIUCIion BarricadeISign 24 Collision With Tralfic Gate 25 CoIfISion With Crash AlTenuaICIS 26 Collision Wøh Fixed Object Above Road 27 MY H~ Other tlXed Object 28 Collision Wdh Moveable Objea On Road CONTRIBl1TING CAUSES· ENVIRONMENT 01 Vision Not Oòscvred 02 Inctemenl Weather 03 Parteed/S!oøped Vehicle I PI I ()( Trees / Creps / Bushes 05 Load on Vehicte 06 Build / Fixed Object I /1 07 SignS":t:Uboards 08 Fog 09 SmoIIe to Glare 77 Aft Other Ex ain ¡!9 MY Ran Into Ditth/Cufvert 30 Ran Off Road Into Wiler 31 CMnumed 32 Occupant FeR From Vehicle 33 TracIOC/T railer JadWlifed 34 Fire 3S Explosion 77 AI Other (Explain) F S ~[a UGHT1NG CONDITION 01 DayfighI 02 Dusk ~ 03 Dawn J ()( Dartc (Street Ught) 05 Dartc (No Street Light) 88 Unknown 01 lnteBIale 02 U.S. 03 Stale ()( County 05 Local 06 Turnpike/Toll ROAD SURFACE/CONDIT1ON 01 Dry 02 Wet ~ 03 Slippery I ()(Icy 77 All Other (Explain) 07 Forest Road T1 All Other o WEATHER 01 Ow 02 Ooudy ~ 03 Rain (;);J. ()(Fog T1 AI 0Iher (Explain) ROAD SURFACE lYPE 01 Slag / GmeI / Slone ~~ Cl ()(Concrete ~ 05 Dirt T1 All Other (Explain) tRAFFICWAY OiAAACTEA 1 Slraig/ll-LeYet 2 SIIIighI-tJøgrade / Downgrade 3 CIne-LM 4 ew..upgrlde I tRAFFIC CONTROl SITE LOCATION 01 No Control 11 No Passing Zone 02 School Zone 77 All Other (Explain) 03 TraIfiç Signal ~ ()( Slop Sign tJ 05 Yield Sign 06 Aashing LighT [Z] 07 Railroad Signal 08 0Ificer / Guard / Ragman 09 Posted No ~ T um 10 SøeciaI Saeed Zone CHARGE 01 Not AI fntersedion/RR X"II19/Bridge 02 AI fnIersection 03 Intluenced By Intersec:tion ()( on-y Access 05 Railroad Crossing 06 Bridge 07 Entrance Ramp 08 Exit Ramp 09 Parking 1III . PuÞIíc: 10 Parte Lac . Private ~ ø ~ W G3J 11 Private Property TYPE SHOULDER 77 All Other 1 Paved (Explain) 2 Unpaved 3 Curti VIOlATOR FL STATUTE NUMBER I 31t, .08 \ aT A TION , /ò.J£~t/6 ,;..¡ ¡t? Sh . /é (AN~ 157/71' j) ?age __,?,__ 01 _._ _,_ ?ages --- . , FLOR1Ó,ð, TRAFFIC CRAS~EPORT .......................................................~........................................ , ~ 'NARRATIVE I DIAGRAM ¡ DO NOT WRITE IN THIS SPACE ...................................... "~All TO: DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES ¡ \ T-RAFF;C CRASH RECORDS ; :, T AlLA:iASSEE. FLORIDA 32399-0500 L................... ............ ........... .......................... ........................................... ............. ........... .... EMS INFO TIME EMS JoM PM TIME EMS DATE OF CRASH INVEST. AGENCY REPORT NUMBER HSMV CRASH REPORT NUMBER 6~~~S NOTltlED ARRIVED 'S-;1~-'13 'T-/P-OI71'()-# S?J$t//('~-5 ~ µ.c ,e~~~ L.d) ~/j81Z' '+ÅiÚd? ,ñ ð"J Á,; NARRATIVE I ADDITIONAL PASSENGERS a/.'.¡'·6 AI¿)~~ ðAI ð2G. /}.¿- .ìJ/Z./~6?G ~-T~r~ mj.f)/M-C ~6/I!57??S ~//9r67J :ß 45 .JII'h.SGr~. , . ~ ~dJv'.i> AI~~ JJ~¿;/~ß. ///Ø;eA/?y þ;ø.lt/ ~ hãÒ ¡:'/ ~;e,ð ~/ t! «JA..! /fI SEC. PASS. , , PASSENGER NAME ADDRESS CITY & STATE ZIP Age Loc. Safety Inj, EQllip. E"¡ect VIOLATOR FL STATUTE NUMBER NAME VIOLATOR FL STATUTE NUMBER NAME (nltLks ¡r,~ CHARGE CITATION 1/ CHARGE CITATION , 1r..$7-. ¿~'l!: Ie.. g If 8' ðtf 1/).. S ~ I - CITY & STATE ZiP .5~/- .3~!J - 07:J-G CITY & STATE ZIP "1- (P9S~ BY . NAME~ Á. eSc¿¿G H$M\' 00005 ,Rev 1/951 S Page_ .3 _ 01 , D ~ ~O " 'i1 rlUr¡:/~ S (~A-t- (Y) tþt,Õ Wi ï<b ¡ I I I I ð I DO ¡ \ 0 CD I I DO I ! 6,Ï2.5 I I ì ! ¡ , ! i i ! ~. (]) --- - DIAGRAM . , . S.2.5 , ~,®,Y... ,..i ~. . '1 ! , , I I INDICATE NORTH : WITH ARROW ¡ ! I ! ...,,; --- l , ' r \ ~~J 6' 'rí I3JHJP . ,,5t67.J;¿' ~ · FLQRIQA TRAF~C CRASH REPORT M;II:TO:·~P¥.Pg~1JrGHWAY ~~~~U:~R VEHICLES TRAFFIC CRASH RECORDS TALLAHASSEE. FLORIDA 32399-0500 -- ............................................................ .................................................................................... ! DO NOT WRITE IN THIS SPAce ...." . ...............................................................................................................................................: DAJVER 1 Phantom YEAR ACTION 2 H~ & Run 3 N/A S TRAIlER OR TOWED VEHIClE INfORMATION e c t i o n MAKE ON AI EST. VEHIClE DAMAGE 1 Disabling 2 FundionaI 3 No Damage VEHIClE REMOVED BY: CURRENT ADDRESS (Number and Street) DRIVER (Exactly as on Driver Ucense) I Pedestrian CURRENT ADDRESS (Number and Street) DRIVER UCENSE NUMBER RES HAZARDOUS MATERIAlS 1 Yes 2 No BaNG TRANSPORTED DRIVER 1 Phantom YEAR ACTION 2 H~ & Run 3 N/A S TRAILER OR TOWED VEHIClE INFORMA nON e c t i o n MAKE TYPE USE VEH. UCENSE NUMBER STATE VEHIClE IDENTIFICA noN NUMBER TRAILER TYPE ON AI EST. VEHIClE DAMAGE , Disabling 2 Functional 3 No Damage VEHIClE REMOVED BY: CURRENT ADDRESS (Number and Slreet) DRIVER (Exactly as on Driver License) I Pedestrian OTY AND STATE ZIP CODE CITY AND STATE ZIP CODE CITY & STATE I ZIP CODE RACE EJECT. OTY AND STATE ZIP CODE OTY AND STATE ZIP CODE CURRENT ADDRESS (Number and Street) OTY & STATE I ZIP CODE DATE OF BIRTH DRIVER UCENSE NUMBER RES RACE HAZARDOUS MATERIALS 1 Yes 2 No BEING TRANSPORTED INVESnGAT~ AND SIG~AruRE , c2 \..~ DEPARTMENT HSMV 90004 (Rev, 11192) S Page, , ..., o' ... _Pages EJECT FHP so CPD OTHER ~ PROPERty DAMAGED· OTHER 1}tAN VEHIQ.ES \J EST. AMOUNT OWNER'S NAME ADDRESS CITY -. ~'IE ZIP I ' . .'. 1 $ .~ ¡ , PROPERTY DAMAGED . OTHER 1}tAN VEHICtES EST. AMOUNT OWNER"S NAME ADDRESS CITY STATE ZIP 2 $ I PROPERty DAMAGED: OTHER 1}tAN .VEHICtES EST. AMOUNT OWNER'S NAME ADDRESS CITY STATE ZIP . 3 . . . $ - I PROPERty DAMAGED . OTHER 1}tAN VEHIa.ES EST. AMOUNT OWNER'S NAME ADDRESS CITY STATE ZIP 4 $ CONTRIBUTING CAUSES· DRIVER/PED, VEHIClE DEFECT VEHIClE MOVEMENT VEHIClE SPEOAl. FUNCTIONS 01 No Improper Driving / Actian DO 01 No DeIecIs DD 01 SInIighI Ahead DD 1 None DO 02 Careless Drivin 02 Def. Brakes 02 Slowing / SIoøøed / SIaIIed 2Farm 03 Failed \0 Y'1IId ~+way 03 Warn /SmoadI r.. 03 Making LeU um 3 Police "-* 04 Improper Baciing 04 Detediw/1mJro)er 04 Badcing 4 RIICIUIionII 05 Improper line ChInge DO ligtts DD 05 Making Right T 1111 11 Passing 5 Emergency 0pIIIIi0n 06 Improper TII11 05 PuncIIn/BIowouI 06 0IIngIng Lanes 12 DrMrIess or 6 Consuvdian/1oIaiIInnœ 07 AJc:oIIoI.UndIr Inftuence 06 Sleering IoIedL 07 Entering/LeaW1g Pariing Søace Runaway Veh, œ ~ Inftuence DD 07 Windshield WIpIIS 11 All Other œ I'IOperIy PItUd 11 AI Other 09 AIcohaI & Drugs-Under tnftuence œ Equipment/Vehicle (Explain in NarrIIivII 09 ImproIeIty PWd (Explain in 10 FoIIowId Too CIoseI~ Defed 10 ulkiM ij.TII11 Narralivel 11 Dingarded TIIIfic ' lOCATION ON PlJA!JNAY PEDESTRIAN ACT10H 12 Exœeded Safe Speed limit 19 Improper load 13 Disregarded Slop Sign 20 Disregarded Other 1 On Road DD 01 CIII&sing NoIIlInIefseaion 07 0Iher Working 00 14 Failed to MIinIIin Equip./Vehide T ra/fic ConIR1I 2 Net On Road 02 CIII&sing II jd.IiIoci CnISiwaJk inRœd 15 ImØfoper Passing 21 Driving WIIIII9 Side/Way 3 SIWder 03 CIII&sing IIInIIrsediDn 08~ 16 Drove l8II 01 Center 22 Fleeing Nice 4 I.IediIn 04 Wabg Along Rœd Willi TrIffic ¡"load 17 Esceeded SIlled Speed ümiI 23 Vehicle Modified 5 TlI11l1ne/ OS Wabg Along Road Against Tralfic: 09 SIanding in T1 AI 0Iher (Explain) 18 0bsIIuding TIIIfic 11 AD Other (Explain) Safely Zone 06 WoBing on VelD in Rœd PedesIrian IsIMd 88UnIaIown Additional Passengers I Nanative , see. PASS. ¡ , , Saf8Iy PASSENGER NAME ADORESS CITY & STATE ZIP f;ge loI:. In¡. Equip. (lid I , I i " : I I I I , I - ¡ I .. I I I WITNESS - NAME ADDRESS CITY & STATE ZIP A ~Ai 15ð51Ï;'_ r,¿ð /)/7.- aJ~/)~£. Il/G£Jn¿,v~4'~£.k .3 ;;;.;;<. ¿;, ~ ('ei)~ -/Cf¿ i? u )£ /ck. 1/ 8t/ tf #tl6?2-u ÌJ¡l . cl/;e,þs tMf; J/G. r¿ 3;2~1ð' WÞ!? INVESTIGATION 1 Yes 2 No, Where? IS INVESTIGATION 1 Yes \2JNo· Why? 1;;: TE OF REPORT I PHOTOS , 1 - Yes 2 - No 3 - Invesligating Þqettr:f 4 Other MADE AT SCENE? ~ 0 CQMPl£TE? ~ 0 :..,;2J' -91: TAKEN? n ŒJ on n V1O~TOR FL STAME NUMBER NAME CHARGE CITATION , I --. .- -- .. - Page III Pages u ,,.. , '-" AGENDA REQUEST '....,¡ ITEM NO. ~ DATE: February 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Permission to advertise a Request for Qualifications (RFQ) for Transportation Contractor BACKGROUND: See attached memorandum from the Human Services Manager FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the request for permission to advertise a Request for Qualifications for a Transportation Contractor. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: ------- County Attorney:(X) 8< Coordination/Signatures Mgt. & BUd9~{{U:::¡ ¥ Other: Purchasing Mgr.:(X) ~ Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft, 1/97 ~ '-' c'?~ ¡:,' r"' r; FJ"'~:- ,- ~j/",,,,:-:-.-- 11.U j ~)[\£"'t:.-~·;~):t'-JlJ DEl) r HUMAN SERVICES MEMORANDUM # 99-23 99 JAN 29 PH 4: 52 ST. LUCfE COUNTY TO: FROM: Charles Bicht, Purchasing Manager /:? /:-} Beth Ryder, Human Services Manager (DO SUBJECT: Request to Advertise for Request for Qualifications(RFQ) for Transportation Contractor DATE: January 30, 1999 On June 30, 1999, the contract expires with the Council on Aging of St Lucie, Inc./ Community Transit to provide transportation under the Coordinated Transportation System. It is necessary to advertise for a Request for Qualifications (RFQ) to determine if there are other firms that are qualified to provide the service. Under the contract with the Council on Aging/Community Transit, the transportation system has expanded since 1992 from three to 38 vehicles. Working with county staff, coordination of Medicaid trips has been established which has resulted in significant savings for the taxpayers. The expansion of services has been possible through the application of grants and the partnership between St. Lucie County and Community Transit. Please agenda on February 9, 1999, the attached RFQ for the Board to approve advertisement. pc: Commissioner Paula Lewis, LCB Chair Douglas M. Anderson, County Administrator Heather Young, Assistant County Attorney David Ginns, LCB Planner LCB Members '--' ....., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR QUAI,IFICATIONS Sealed responses will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982 until 3:00 P.M. local time on March 10, 1999 for the following: RFQ #99-39 TRANSPORTATION SERVICES HUMAN SERVICES RFQ documents can be obtained from the Office of the Purchasing Manager at 2300 Virginia Avenue, Fort Pierce, Florida 34982, Telephone:(561) 462-1700. Responses may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all responses which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any responses in whole or in part with or without cause; and accept the response or responses which best serves the County. For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at ..http://www.stlucieco.gov/purchasing/index.html... St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Charles Bicht, Purchasing Manager PUBLISH: February 12, 1999 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 1 '--" ...., REQUESTS FOR QUALIFICATIONS TRANSPORTATION SERVICES ST. LUCIE COUNTY RFQ #99-39 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ADMINISTRATION ANNEX BUILDING 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA 34982 2 \w' ""'" GENERALINFO~TION PART I 1-1 DEFINITIONS For the purposes of this Request for Qualifications, Responder shall mean contractors, consultants, respondents, vendors, organizations, firms, or other persons submitting a response to the Request for Qualifications. 1-2 PURPOSE This Request for Qualifications (the "RFQ") provides guidelines for the submission of qualifications in response to the Board of County Commissioners for provision of transportation services and related programs for the county. 1-3 ISSUING OFFICE AND LOCATION OF RESPONSE OPENING St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 1-4 INVITATION TO PROPOSE The Board of County Commissioners, St. Lucie County, Florida (the "County") solicits qualifications from responsible vendors to supply all Transportation Services for the County. 1-5 CONTRACT AWARDS The County anticipates entering into negotiations with Responder(s) who are deemed qualified based on their response to this RFQ. The purpose of the negotiations will be to allow the County to enter into one or more agreements on such terms and conditions which the County in its sole judgment determines to be in its best interest for Transportation Services and related programs for the County. The County reserves the right to enter into simultaneous negotiations with one or more qualified Responders. Negotiations for the County shall be conducted by those persons designated by the County Administrator and approved by the Board of County Commissioners. The Responder understands that this RFQ does not constitute an agreement with the Responder. An agreement is not binding until the negotiations are reviewed and accepted by the Board of County Commissioners for St. Lucie County and executed by all parties. 3 ~ '-' The County reserves the right to reject all responses, to waive any informalities, and to solicit and re-advertise for other responses. 1-6 DEVELOPMENT COSTS Neither the County nor their representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFQ. Responders should prepare their responses simply and economically, providing a straightforward and concise description of the Responder's ability to meet the requirements of the RFQ. 1-7 INQUIRIES The County will not respond to verbal inquiries. Responders may submit written inquires for interpretations of this RFQ to the Purchasing Department. The County will respond to written inquiries received at least seven(7) working days prior to the date scheduled for receiving the responses. The County will record its responses to inquiries and any supplemental instructions in the form of written addenda. If issued, the County will mail written addenda at least five(5) working days before the date fixed for receiving the responses. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Responders who received the RFQ. 1-8 SITE VISITATION Any Responder desiring to visit the locations will schedule a site visitation by contacting the County Contracts Coordinator and the Manager of Human Services at (561) 462-1777. This visitation will be done in sufficient time to allow Responder to meet the response submission deadline. A list of available equipment will be furnished upon request. 1-9 TIMETABLES The County and Responders shall adhere to the following schedule in all actions concerning this RFQ: A. On February 12, 1999 the County issued the RFQ. B. From February 12, 1999 to March 1, 1999, the County will receive and answer inquiries received by mail. C. The County must receive the responses by 3:00 P.M. on March 10,1999. D. Following the opening of the responses, the County will review and evaluate 4 \..i '-'" the responses on a timely basis and determine which Responders are qualified. E. The County may enter into a contract after conducting negotiations with the qualified Responder(s) and obtaining appropriate approvals. The County will notify unsuccessful Responders at this time. 1-10 DELAYS The County may delay scheduled due dates if it is to the advantage of the County to do so. The County will notify Responders of all changes in scheduled due dates by written addenda. 1-11 RESPONSE SUBMISSION AND WITHDRAWAL The county will receive responses at the following address: St. Lucie County Purchasing Department 2300 Virginia Ave., Room 228 Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: Transportation Services. The envelope shall also include the Responders return address. Responders shall submit ten (10) copies ofthe response in a sealed, opaque envelope marked as noted above. The respondent may submit the response in person or by mail. THE COUNTY MUST RECEIVE ALL RESPONSES BY 3:00 P.M. ON MARCH 10, 1999. Due to the irregularity of mail service, the County cautions Responders to assure actual delivery of response to the Purchasing Department prior to the deadline set for receiving responses. Telephone confirmation of timely receipt of the response may be made by calling (561) 462-1700 before RFQ opening time. Responses received after the established deadline will be returned unopened to the Responder. Responders may withdraw their responses by notifying the County in writing at any time prior to the opening. Responders may withdraw their responses in person or through an authorized representative. Responders and authorized representatives must disclose their identity and provide a signed receipt for the response. Responses, once opened, become the property of the County and will not be returned to the Responder. Upon opening, responses become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 5 ~ '-' 1-12 REJECTION OF IRREGULAR RESPONSES Responses not meeting the requirements of this RFQ may be rejected as non- responsive or irregular. The County reserves the right to waive any irregularities, technicalities or informalities in any response, and to reject any or all responses without cause. The County reserves the right to reject the response of any Responder in arrears or in default upon any debt or contract to the County or who have failed to perform faithfully any previous contract with the County or with other governmental agencies. 1-13 ADDENDA If revisions become necessary, the County will provide written addenda to all Responders who receive the RFQ at least (5) days prior to the opening date. This will be adhered to even if the opening day must be postponed in order to observe the time requirements. 1-14 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their responses. 1-15 ORAL PRESENTATION The County may require any Responder to make an oral presentation of the response. These presentations provide an opportunity for the Responder to clarify the response for the County. The County will schedule any such presentations. 1-16 INSURANCE The Responder, if awarded a contract, shall maintain insurance coverage reflecting the minium amounts and conditions required by the County and Florida Statutes. 1-17 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Section 1-2-47 ofthe Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2- 46 is required to make full disclosure with the Clerk of the County prior or concurrently with the submission of a response to the County for the performance of any services for the County. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the County. 6 \w' '" B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbyist or is for other services. The disclosure shall be filed with the Clerk on forms provided by the County and such records shall be open to the public. 1-18 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendors list pursuant to F.S.287.133, following a conviction for a public entity crime may not submit a response on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7 '-r. -...,¡ STATEMENT OF WORK PART II 2-1 SCOPE OF SERVICES PROGRAM OBJECTIVES: The program shall have the following objectives as well as those which the Board of County Commissioners and the Operator shall agree upon in the future: (A) Paratransit Services: Provide transportation services to qualified individuals with disabilities of all ages in accordance with the mandates of the Americans With Disabilities Act. (B) Public Transport Services: Provi~e fixed and non-fixed route public transportation to the transportation disadvantaged in accordance with the mandates of Chapter 427, Rule 41-2, Florida Administrative Code, the St. Lucie County Service Plan, and to fare paying members of the public of all ages, utilizing all available funding sources including Federal and State funds. (C) Consulting and Grant Services: Preparing and filing applications for transportation services grants under all available funding sources including but not limited to all Federal and State programs. (D) The contractor will provide coordination, scheduling and delivery of transportation trips as required by the CTC. The contractor shall furnish additional facilities, materials and equipment as necessary and all labor required to provide in the manner and form for transportation and scheduling of approved fixed and non- fixed public transportation routes in accordance with Chapters 341 and 427, Florida Statutes, and all applicable laws, rules and regulations. 2-2 EXPERIENCE Qualified Responders shall at a minimum be experienced in providing Transportation Services under the Florida Commission for the Transportation Disadvantaged program, all Federal Transit Administration Program grant regulations and application procedures and all Florida Department of Transportation grant programs. 8 - \w' "" INSTRUCTIONS FOR PREPARING RESPONSE PART III 3-1 RULES FOR RESPONSES The response must name all persons or entities interested in the response as principals. 3-2 RESPONSE FORMAT Responders shall prepare their responses using the following format: A. Letter of Transmittal - This letter will summarize in a brief and concise manner, the Responder's understanding of the Scope of Work and make a positive commitment to timely perform the work. The letter must name all of the persons authorized to make representations for the Responder, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the proposer must sign the Letter of Transmittal. The letters should not exceed two(2) pages in length. B. Organization Profile and Qualifications - This section of the response must describe the Responder, including the size, range of activities, etc. The Responder must emphasize its expertise in, and experience with, similar projects. The response must identify the primary individuals responsible for supervising the work. The response shall provide the County with the resumes of the primary individuals. The response must also include recent and pertinent references, including contact name, telephone number, and address. C. Qualifications Form - Responder must present evidence that they are fully competent and have the necessary staff, facilities and financial resources to fulfill the conditions of the scope of work, and must submit as a part of the response, the information requested in the attached Responder's Qualification form. D. Additional Data - Any additional information which the Responder considers pertinent for consideration should be included in a separate section of the response. 9 ~ '-wi' ATTACHMENT A Qualification Statement to St. Lucie County TRANSPORTATION SERVICES Your response must contain the following information at a minimum. Project Name: TRANSPORT A TION SERVICES Full Name of Vendor: Main Business Address: Place of Business: 1. Vendor certifies that the information provided herein is true and sufficiently complete so as not to be misleading. 2. The following documentation supplied by the vendor is attached to and made a condition of this Qualification Statement. INDICA TE A TT ACHMENTS REQUIRED OF ANY) 3. Communications concerning this Qualification Statement shall be addressed to the address of Vendor as indicated on Page 1. 4. SUBMITTED on 19 5. Type of Business: Corporation _ Partnership _ Individual Jt.Vent. Non-Profit Other 6. How many years has your organization been in business? _ years 7. How many years has your organization been in business under its present name? years 8. Under what other or former names has your organization operated? 10 ~ ......, 9. Name of Parent Company, if any 10. Name(s) of subsidiary or affiliated companies, if any: 11. If your organization is a Corporation, state the following: Date of Incorporation: State of Incorporation: President's Name: 12. If your organization is a Partnership, state the following: Date of Organization: Type of Partnership: Names of General Partners: 13. If your Organization is individually owned, state the following: Date of Organization: Name of Owner: 14. If the form of your Organization is other than a Corporation, Partnership, or individually owned: describe it and name the Principals: 15. Transportation Service contractor shall describe in detail the size and depth of the Organization, including all employees and management. 16. List all Transportation Services provided by your company in the State of Florida started after 1990. For each customer, state the following (as a minimum): Name of Customer Description of services provided Owner's Name, Address and Representative Original Contract Amount Final Contract Amount Start Date Completion Date Amendments for Extension of Contracts 17. List all current Transportation Services provided. For each customer, state the 11 ~ ......, following (as a minimum): Name of Customer Description of Services Owner's Name, Address and Representative Original Contract Amount Current Contract Amount Start Date Completion Date Amendments for Extension of Contracts 18. Provide a list of Transportation Services provided for government agencies in the past five(5) years and a list all Community Transportation Coordinators (CTC's). Name of Customer Description of service provided Owner's Name, Address and Representative Original Contract Amount Final/Current Contract Amount Start Date Completion Date Amendments for Extension of Contracts 19. Transportation Service contractors shall describe in detail the local service organization, including number of service personnel, certification level of service personnel, number of total personnel, size and location of facilities and equipment. 20. The Transportation Service contractor shall provide a description of the qualifications of their service management team for this project in the general time period between the third quarter of 1998 and the fourth quarter of 1999. Include at least (2) references for projects for each service manager. 21. Attach the resumes of your probable service superintendents and manager which include, at a minimum, a brief description of their qualifications and length of time in your organization's employ. 22. Has your Organization ever failed to complete any work awarded to it? If yes, attach details. 23. Banking Reference: Bank Name: Address: Telephone: Representative: 12 ....... ....., 24. Insurance: Name of Insurance Company: Name and address of agent: Signature It is understood that the above information will be used only by St. Lucie County(Owner) to judge the ability of Vendor to conduct the work for the above reference project. It is further understood that the Owner has the sole right to qualify for negotiations only those firms which the Owner shall determine be in the Owner's best interests. By submitting this Qualification Statement, it is agreed that no claims, suits or legal action of any character shall be brought against the Owner or any of their agents or employees for or an account of any determination as "Qualified to Negotiate" or "Not Qualified to Negotiate" that shall be made. The above information is complete and accurate to the best of my knowledge and I am duly authorized to sign this instrument. By: Title: Address: Sworn to and subscribed before me on this day of ,19 Notary Public Signature (affix seal or stamp below) My Commission Expires: 13 '-' '" EXHIBIT "A" Exempt Purchases of $10,000. Or More Certain purchases, even if $10,000. Or more, shall be exempted from the requirement for Formal Sealed Bids approved by the Board of County Commissioners (A) These exempt purchases are as follows: (8) Goods, equipment, and services acquired through the Request for Qualifications procedure described in Chapter 7 of this Manual. Requests for Qualifications The Board may authorize the issuance of Requests for Qualifications ("RFQ") to select firms or businesses which are qualified to provide goods, equipment, or services based on such qualifications as are approved by the Board. Responses to RFQ's shall be evaluated by the Board or the Board may authorize the County Administrator to appoint a selection committee to make a recommendation to the Board. Upon the selection of qualified firms, the Board may (1) enter directly into contract negotiations with the firm or firms determined to be qualified which may include simultaneous negotiations with tow or more qualified firms or (2) issue Requests for Bids or Requests for Proposals as previously described in this Chapter. Contract negotiations may be delegated by the Board to the County Administrator or his designees. Professional services regulated by the Consultants Competitive Negotiation Act. Section 287.055. Florida Statues, (the "CCNA") may be acquired througb RFQ's provided that the requirements of the CCN A are met as described in Chapter 10 of this manual. 14 t '-"" AGENDA REQUEST -....,I ITEM NO. C-3-B DATE: February 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Horatio Grisby Replacement Lighting Field #1 Project - "Piggyback" Jacksonville Bid BACKGROUND: The replacement of the sports lighting at Horatio Grisby Field #1 is an approved project in the five year capital plan. Staff requests permission to "Piggyback" from the City of Jacksonville bid for sports lighting n accordance with Section 5.7 on the St. Lucie County Purchasing Manual. The specifications and requirements for the Jacksonville bid specifically provide for cooperative bids (see pg 3). FUNDS AVAIL.: Will be available in 316-7210-563000-7602 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request to "Piggyback" the Jacksonville bid for sports lighting from Musco Lighting in the amount of $29,206.00. 7MISSION ACTioN: I APPROVED [] DENIED [ ] OTHER: Other: -,/< Purchasing Mgr.:(X)~ Other: ,(Cu"" A!.tDmeY'IX~ Originating Dept: Coordination/Sigpatures Mgt. & BUdget:(X~ \V Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 H:\WP\AGENDAS\OTHER\piggyback Jax - Musco Lighting.wpd , t '-'" ......, C?J'o LEISURE SERVICES DEPARTMENT MEMORANDUM DATE: Charlie Bicht, Purchasing Man~ Ray Lopez, Parks Manager ~ Jack Doughney, Leisure Services Directo~ February 2, 1999 TO: FROM: THROUGH: SUBJECT: Musco Sports Lighting/"Piggyback" Jacksonville Bid ***************************************************************** Attached please find information requested in reference to discussion on Horatio Grisby Replacement Lighting Field #1 Project between Don McLam, Ray Lopez, and yourself. Funds will be available in Project #: 316.7210.563000.7602, as soon as line to line is processed. (See Attached). Please process accordingly. If I may be of further assistance in this matter, please contact me at your leisure. RL/hh h. \wp\musco cc: Don McLam, Recreation Manager Brad Keen, Assistant to Director Linda wichnoski, Senior Accounting Clerk , - 62/Ð1/1~gg 15:32 9108870771 MUSCO LIGHTING PAGE 01 Musco Sports Lighting*Musco of South Florida*l600 Southwest 52nd Way Plantation, FL 33317*Phone 954-S83·9756*Fax 954-583-9780 '-" """" QUOTATION Date: February 1 st, 1999 TO: Don McLam 561-462-1940 1 PAGE FAX Terms: Net 20 Days F.O.B.: Ft Pierce, FL Delivery: 4 to 6 Weeks WE ARE PLEASED TO SUBMIT TIlE FOLLOWING QUOTATION FOR YOUR REVIEW Quantity Cost 1 System Description Horatio Grisby Park 200' Radius Softball Field Musco Light Structure System consisting of (4) 60' galvanized steel poles, (4) prestress concrete foundations, remote electrical enclosures with double fusing and safety disconnect, (24) Sponsc/uster-2 J 500 watt metal halide luminaires. Lamps are included in system price. Broken out per line item per City of Jack50nville bid: (2) 60' Light Structure poles with (2) SC-2 1500 watt metal halide fixtures: $3,494.00/each (2) 60' Light Structure poles with (7) SC-2 1500 watt metal halide fixture:;; $7,917.00/each (6) additional SC- 2 Remote fixtures to acconunodate the needed (24) total fIXture count. $788.00/ftxture LevelS Glare Control Visors $69.00!each Please add appropriate FL ,æes tax. $ 29.2Q6.oo Totals: $ 6~988.00 $ 15.834.00 $ 4.728.00 $1.656.00 IMPOR rANT: Prices are good for acceptance and delivery for 30 days only. unless such time is extended in writing. Tim Imhof( VINE-TO-LlNE TRANSFER REQUEST FORV TO: 316.7210.563000.7602 R IcFìxts Horatio Grisb Ad#1 55,000 o FROM: 316.7210.599300.700 Parks - Ca ital 55.000 155.000 REASON FOR TRANSFER: TO TRANSFER MONEY FROM PARKS CAPITAl RESERVE INTO CORRECT PROJECT ACCOUNTING FUNDING NUMBER FOR HORATIO GRISBY FIELD #1 CONTACT PERSON: RAY LOPEZ, PARKS MANAGER BRAD KEEN. ASSIST. TO THE DIRECTO PHONE #: 1519 DEPARTMENT APPROVAL; JACK DOUGHNEY, DIRECTOR OMB APPROVAL: ADMINISTRATION APPROVAL: OMB NOTES: APPROVAL DATE: INPUT BY: LlNE·TO·LlNE TRANSFER #: DOCUMENT #: ----- Q ~ 1 I ....., ~ Iii r- ~~s~S:S!D ~~~~~~~~8~~=~~~~~=~~~~~~~~~~s~~~~~~~~~8 ž m ~ ~;;a~;u~nIB" :B i~~~~2Ii~~~¡;~~gl~~~ ;a ¡!lmm-~. ~ ~ ~ ~ :¡;:i! ~ ~"ä ~~$! Q~~~~ ãgi¡ i~j~ ;zª ~ a d ~ ~g-4:fi~~!2n ~ iC:S;~ IÞ%~ en §~~8-4~ ~i98~~>en~en~~8 ~ en~~ i" -4 ~~ ~!I!~ ~~ 0 ~ ~~~ _o~~ ~~J~~m~. ~ i .. a CD ~ ~m~~æ;a ~~c:~;am~8~~ ~ ,~ Õ m ~ ~ ~~~~~~ ~~~~i 8¡ ~ !!. ß~ );! ~ ~"§ ~ ~ ~'~ - ,.. ~ :fi ~ =- mm ,...f¡ :ð:!It ëii~;a~:¡ c: ." ~~:¡ fA ~ ,.. :¡ I~ ~ ;a;a ~il ~ i en ~ ~;a~~~ ~ i~~~~ ~ ~ ~ ~ ~~ gg;!1:!r" .i~ Q ~ ~-4 ª Q ~n 'a :! i i ~~,- -!!II j ;a i;a .-4~~:¡m ~ r-% ~ =- ~ -4 -4 § ~ ~3 ~ §i fA -4 ~ e en > ~ ~~nªm CD % :B :B It ~ at' 71' :IJ fA ;a 0 ~ ;a .... ;¡ )0 ~ ..~ o ~... ~~ii@ ~ ~ m m-4 ~ "n ~ ¡¡; m .. ~:"'tH\- ~ ;am 1ft ~ ~ I r 't~ ;a ;a ~ . 1 .. ... ct Q Q i j (JJ (þ. m -t~ m . 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""' '-'" INTERNAL REQUISITION AUTHORIZATION For Warehouae Orders and Other Quotatlona -..,,¡I DELIVER TO: REMARKS: VENDORS: NUMBER ' 4114 NUMBER "2 NUMBER ¡113 Com#: 93153 / CATA '''PUT PAGE CUll( REQUISITION NUMBER " REOUISITION DATE 2/2/99 DEPARTMENT: Leisure Services FUND: 316.7210.563000.7602 NAME ADDRESS NAME ADDRESS NAME ADDRESS Musco Sports Lighting SOLE SOURCE EWERQEHCY ~"QcASE ':~M QUANTITY UM DESCRIPTION ---- VENDOR .3 VENDOR ¡112 VENDOR ¡II, UNIT PRICE UNIT PRICE UNIT PRICE fusin and Watt Watt ~xture P~g PRICES EST ABUSHED BY: VENDOR TOT ALS .3 '2 ., $29,206. VENDOR REPRESENT A T1VE ~'~ REQUESTING PÐISON -- 12 '3 DEPARTMENT HEAD OR AUTHORIZED PERSON ONLY ~ ....., DEPARTMENT OF ADMINISTRATION AND FINANCE Procurement and Supply Division January 15, 1999 Mr. Don McLam St. Lucie Co. Leisure Services 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Mr. McLam: The City of Jacksonville has a Price Agreement Contract for Park and Playground Equipment, (SC-0400-98) in which Musco Lighting Inc., is one of the awarded vendors. The City of Jacksonville does not object to other entities using òur contract, however, it is strictly up to the vendor as to whether he/she honors the same pricing. Sincerely, J cqui . Gibbs, Chief Procurement & Supply Division JHG/kj CITY HALL AT ST JAMES, 117 WEST DUVAL STREET, SUITE 335 JACKSONVILLE, FLORIDA 32202 FAX (904) 630-2151 ~ ""'" Y'1 ~ NOTIFICATION OF AWARD AND RELATED ACTIONS DEPARTMENT OF ADMINISTRATION AND FINANCE Procurement and Supply Division MUSCO LIGHTING, INC. 2107 STEWART RD. MUSCATINE, IA 52761 (jtL' 1{Uû Òú(')U) Date: APRIL 13,1998 Bid No: SC-0400-98 Title: PRICE AGREEMENT CONTRACT FOR PARK AND PLA YGROUND EQUIPMENT Gentlemen: xx You are a successful bidder on the referenced bid. Bid is accepted subject To the tenns, conditions and stipulation in our specifications. Contract Documents or Purchase Order will follow. TIllS IS NOT AN ORDER. Award Items: You are not a successful bidder. Bids are available for inspection in the Purchasing Division. - Bid security is herewith returned: Amount: $ Bank Other Remarks: 117 WEST DUVAL STREET CITY HALL AT ST. JAMES - SUITE 335 JACKSONVILLE, FLORIDA 32202 FAX (904) 630-2151 E-MAIL: coj.net \w' BID FORM """ CITY OF JACKSONVILLE PROCUREMENT AND SUPPLY DMSION 'TIIIS!SiN'()".Ç;~iºrmER>"""" i.....·."..·'..·..'..'.REq~1''fq,BrpN'():.SC;0400-98 ... . . '. -,.. pATE Fëbruarv4.199~ COMPANY NAME AND ADDRESS MUSCO LIGHTING, INC. 2107 STEWART RD MUSCATINE, IA 52761 SUBMIT BID IN DUPLICATE FID/SSN#42-13'0717 THIS BID WILL BE OPENED ON MARCH 4, 1998 2:00 P.M. IN TIiE 3rd. F1.00R CONFERENCE ROOM, CITY HALL. PLEASE USE TYPEWRITER WHEN SUBMITI1NG PRICES ON BID FORM. BID SECUR,ITY REOUIREMENTS [x] None Required [ ] Certified Check or Bond - BUYER: SANDRA PLAIT PHONE: (904) 630-1187 TERM OF CONTRACT [ ] One time purchase [ ] Annual requirement - Prices will remain firm for one year trom date of award [X] Other One (I) vear from date of award w/oDtion for one (I) renewal SAMPLE REOUIREMENTS [ ] None Required [ ] Samples Required Prior to Bid Opening [ ] Sample May be Required Subsequent to Bid Opening [X ] Literature Required With Bid OUANTITIF.S [ x] Quantities indicated are exacting [ ] Quantities indicated reflect the approximate quantities to be purchased throughout contract period and are subject to fluctuation in accordance wth actua1 requirements. :..AGENCŸ::PÁìUtsiâtêìöf..(TtONANDENT:ERTAINMENT;V:I}::}: PERFORMANrE BONQ [ x] None Required [ ] Bond Required $_ _% of Bid Award FOR TECHNICAL INOUlRIES. CONTACT: B ill Potter Telephone: (904) 630-3585 .. ....................--....'................,...........-...-..... .-....................... .... .................. ",. . ............ ... .-' ".. ...................-...,... ................ ...-._-, --.-....'.................. . .. . . .... .. .."......... ..... . ITEM PLEASE ENTER HEREON YOUR BID ON TIlE FOLLOWING DESCRIBED ARTICLES OR SERVICES QUANTITY UNIT PRICE TOTAL PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT Agreement will be in accordance with attached terms, conditions, specifications, requirements and proposal forms. MULTIPLE A WARD TO ALL QUALIFIED VENDORS PLEASE SEE ATTACHED PRICING SCHEDULE Bidder's Certificatio" MateriaI is F.O.B. TN~m" OPT rvr::RV Delivery will be made in 3 0 - 4 0 days ftom receipt of order PJU~'T'~ ()RnRR~. ~ ~ _ , , . LLY1Al ' 'NiAtL "!f bave ~ ........ -- "- " ", "-=0 ..me¡¡ "'"""'''om through -- -- LUANN FERREIRA. VP OPERATIONAL SALES Print Individual's Name & Title JOB SITES M.ÄRrH":! 1 QQA Date . 800/756-1205 Phone Number '-' CITY OF JACKSOM-ttLE DEPARTMENT OF ADMINISTRATION & FINANCE PROCUREMENT & SUPPLY DMSION ROOM301, CITY HALL JACKSONVILLE, FLORIDA 32202-3469 Addendum Number: ONE (I) Bid Number: SC-0400-98 Title of Bid: PRICE AGREEMENT CONTRACT FOR PARK & PLAYGROUND EOPT. Opening Date and Time: MARCH 4. 1 998 AT 2:00 PM This addendum is issued for the information of bidders on the above titled project and will be part of the contract. CHANGE BID TITLE TO READ: PRICE AGREEMENT CONTRACT FOR PARK & PLAYGROUND EQUIPMENT. THIS INFORMATION WAS INCORRECTLY STATED ON THE ORIGINAL INVITATION TO BIDDERS. Date: February 11, 1998 Buyer San~t ACKNOWLEDGE RECEIPT BY RETURN OF SIGNED COpy WITH BID. I ~M ~o/tu~ I sIgnature LUANN FERREIRA, VP OPERATIONAL SALES TItle MUSCO LIGHTING, INC. Company Name MARCH 2, 1998 Date - ~' "" ..' ,- .. .J. ~ .."., . . CITY OF JACKSONVILLE DE.PARnŒNT OF ADMINISTRATION &:: FINANCE PROCUREMENT &:: st!PPLY DMSION ROOM 301, aI'YHALL IACKSO~FLORIDA 32202-3469 A"d..nd~m Number: TWO (2) Sc-<J400-98 Bid Nmnber: 4 Title of Bid: PRICEAOREEMENT CONTRACT FOR PARK & PLAYGROUND EQtJIPMENT MARCH 4~ 1998 0PeDÎDI" Date and 11me: This addeadum. is issued for the information of bidden on the above titled project and will be part of the contract. ' .ëXl~ BID OPENING DAm TO MARCH 11y 1998 AT 2:00 P.M. AMEND BID SPECIFICATIONS TO 1NCLUDEINSURANCEREQUIREMENrs AS STATED IN THE ORIGINAL SPEcs. SEE ATTACHMENT. Date: March 2, 1998 Buyer S~ndr.a.Eatt ACKNOWLEDGE RECEIPT BY RETURN OF SIGmD COPVWIJ.HBID. , ~~LI~ LUANN FERREIRA. VP OPF.R~TT()N~T, !=:U:J<'<:: Ti11e MUSCO LIGHTING, INC. Company Name MARCH 2. 1998 Date '-" ...." City of Jacksonville Pricing Agreement Contract for Park and Playground Equipment JacksonviUe,Florida SUBMITTED BY: Mnsco Lighting, Inc. 2107 Stewart Road Mnscatine, Iowa ,-../', " (C) COPYRIGHT MUSCO UGHTING, INC. 1988, Revised 1994 This information is provided by Mnsco exclnsively for City of JacksonviUe in Jacksonville, FI~~da. Reproduction or distribution of the enclosed documents or information without the written ::_>:,', permission ofMnsco Lighting, !ne. is prohibited. . " ' '-' r PROPOSAL FOR1t' I PRICE AGREEMENT CONTRAa FOR PARK AND PUYGROUND EQUIPMENT I 81D NO: :5C-0400-98 , VENDOR: MUSCO LIGHTING, INC ADDRESS: 21 07 STEWART RD Cm,STATE,ZJP: MUSCATINE, IA 52761 PHON~ 800/756-1205 F.J.D.#: 42-1320717 CONTACT: CHRISTINA NEWMAN I) VENDOR CATALOG: Fixed pemnugediscoUlt MUSCO DOES NOT HAVE A PUBLISHED PRICE . LIST. PRICES SHOWN ARE DISCOUNTED hn~r MUSCO LIGHTING, INC. PRICES. Discount off list price DeJiYery, WITHIN 30 - 40 days ARO 2) ~UFACTURERS CATALOGS: flied peramage discount MUS'CO IS THE MANUFACTURER. THESE DISCOUNTED PRICES ARE FACTORY DISCOUNTED BY THE MANUFACTURER. " u&au D' ffr an rer lSCDunt 0 1St pnce MUSCO LIGHTING, INC. SAME AS #1 " " " " Delivery WITHIN 30-40 daysARO F.O.B. Destination 1 '-" '-" 3) INSTALlAnON PREFERENCE A) rlXed percentage of costs N / A (after discounts) of equipment " YES NO B) Price requested at time of price for materiaJs is confirmed in writing. N / A (price per job of known materials) YES NO Ust vendor/manufacturer written faaory certifiation that is being supplied with bid or within three (3) days upon request. N/A ADDlnOHAL INFORMAßON: SHIPPING CHARGES S 0 CWT ALL PRICES ARE FOB JACKSONVILLE VARIANCES: TAILGATED Please state any variances to the speåfications regarding Vendor, manufacturer, shipping, freight cost, ete. (Add additional information, if necessary, on separate paper). N/A MINORITY STATUS PLEASE INDICATE IF A MINORITY OWNED OR WOMEN OWNED BUSINESS (51"). ADDIßON YES x NO Supporting documents and requests for additional information may be required prior to award of contracts. The City of Jacksonville, Florida reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as may be deemed to be in the best interest of the City of Jacksonville, Florida. (Revised- 3/15/96) 2 '-" ...,,¡ PRICE AGREEMENT CONTRAa FOR PARK AND PLAYGROUND EQUIPMENT BID NO: SC'u0400-98 SCOPE: The purpose of this bid invitation is to euablish firm pricing and source of supply for furnishing and delivering, and in some area's installation of an undetermined quantity of PARIS AND PlAYGROUND EQUIPMENT, as listed in the catalogs supplied by the various vendors, with discounts to be listed on the attached proposal pages, for the Depanment of Parks, Recreation, and Entertainment AWARD: MULTIPLE AWARDS TO BE MADE TO ANY AND ALL YENDORS. THERE IS NO GUARANTEE AN ENSUING PURCHASE ORDER WILL BE ISSUED AFTER AWARD, PURCHASE ORDERS WIU BE ISSUED SUBJECT TO AYAllABIUn OF FUNDS. DEUVERY: Delivery to be F.O.B. Inside delivered as indicated on purchase order. Yendors must set forth in his proposal a specific delivery and installation commitment, stated in number of days from reaipt of purchase order. Failure to comply with this requirement may result in rejection of bid. CORREatONS MADE BY BIDDER: Bidders are cautioned not to obliterate, erase or strike over any printed material as set forth in this bid invitation. In quoting prices, whether unit price or total price, wherever a bidder has made an error and has corrected it, any and all such corrections should be initialed by person signing the bid cover sheet Failure to comply with this provision may result in rejection of bid. ., . .' GENERAL CONDlnONS: The signature on a cover sheet verifies that the bidder is acquainted with general conditions contained herein and will comply with all specifications, terms and conditions contained in this bid invitation. EFFECTIVE PERIOD OF QUOTAnONS: Price quotations submitted in response to this bid solicitation must be effective for a minimum of thirty (30) days from date of bid opening to allow for approval and award of bid. DESCRIPTIVE UTERATURE; Complete desaiptive literature, catalog cuts, brochures or other specification sheets must be submitted in DUPUCATE with bid. Failure to submit desaiptive literature may result in rejection of bid. '-' "'" PRICE AGREEMENT CONTRAa FOR PARK AND PLAYGROUND EQUIPMENT l BID NO: SC- 0400-98 1 SPECIFICATIONS AND REQUIREMENTS The purpose and intent of this bid are to establish and secure a firm price induding all items in company's catalogs and percentage discount from the last column (lowest price) of manufacturers' price list for the purchase and delivery of park and playground equipment, and secure a firm fixed percentage of cost (after delivery) or cost upon request, for installation of playground equipment, establish a term contract for the City of jacksonville, Rorida, as speòfied herein. RESPONSIBIUTY: A contractor/ vendor will be responsible for all labor, materials, equipment, supervision, off-loading, and placement for instaflation of all parks and playground materials ordered unless otherwise specified by the City of Jacksonville, Florida. . · The City of jacksonville, Rorida may elect at certain circumstances to purchase only materials, and have those materials instafled by others, (e.g., volunteers). These items will be shipped to a designated location and off-loaded by the vendor or vendors' representative. SHIPMENT: A minimum of seventy-two (72) hours advance notification of delivery is required of all freight carriers (charges prepaid by vendor and added to invoice). TERM OF CONTRAa: . . '" The Price Agreement Contract for Parks and Playground Equipment will be for a period. of one year from date of the award, with an option for a one year extension upon approval by both vendor/manufacturer and the City of jacksonviffe, Parks, Recreation and Entertainment Department. RENEWAL: One year renewal acceptance will be based on the successful vendor(s) agreement to all the terms, conditions and requirements in maintaining firm percentage for the following yar( s) no later than thirty days prior to end of contract time. All prices will remain firm for the period of each contract year. CATALOG: In order to meet the City of jacksonville, Rorida parks and playground equipmem needs, requirements, and in the best interest of the city, all vendors' bidding wiff submit catalogs (complete with material price, instaflation cost and freight charges where appfiable) with their Bid Proposal, offering a firm fJRd percentage discount, and comply with all specifications, terms and conditions. PRICING OF QUOTE/lNVOICE: A request for pricing will list each item cost, price for instaflation of each item, and freight charges for those items, each specified where appliable. '-' '...., Page 2 l BID NO: SCL O!QO-.9.B J PAYMENT Price agreement contracts will be issued only to the vendor/manufaaurer who submitted a bid proposal that was awarded specified order request. No split order payment for separating vendor and instafler (two-party check's invoice) will be issued by the City of Jacksonville, Rorida. Payment for installation charge will be the responsibility of the vendor. The City of Jacksonville, Rorida may split vendor/installer payments only when two requisitions for separate payment are deemed necessary by the City of Jacksonville, Department of Parks, Recreation and Entertainment. CERTIFICATE: All vendors, contraaors, manufaaurers and installers submitting a bid or a subcontraaor of the bidder will comply and supply written faaory certification that they are certified/authorized to install playground equipment as required by the manufaaurer and submitted with bid proposals. PERCENTAGE: Yendors will indicate in space provided on bid summary sheets their firm fixed percentage discount to be deducted from the catalog list prices. JOB COMPLETION: Yendor/installer will be responsible for dean up and removal of all debris resulting in job completion and leave said sites in neat and orderly fashion at the end of each work day. Yendor/contraaor/installer will be responsible for all materials received and signed for from date of order to completion of job installation. SUPERVISE: Yendors will be responsible for the accuracy for all fixed measurements. A vendor job supervisor/representative will be on the work site at all time and be throughly knowledgeable of the materials, job requirements, plans, specifications and installation fanaions. LAWS: All materials received will meet ADA, Amerian Playground Safety Regulation, and all other playground equipment and safety laws, (AmI Standards), requirements and certifications, etc. WARRANTY: "anufaaurer/installer will guarantee entire installed SJstenIs aad units to be fm of defects in workmanship and materials for a period of not less than one (I) year from date of completed installation acceptance. The manufacturer and/or installer will repair and/or replace any defected and poor instaflation at no cost to the City of Jacbonville. Rorida during the warranty period and will transfer any manufacturer's guarantee for supplier/instailer furnished materials extending beyond this contraa period to the owner. PAGE 3 '-' """"" r BID NO: SC0400-98 I SAFETY: It will be the successful bidder's responsibility to insure all produas ordered, shipped, and installed conform, meet or exceed all the required federal, state, city, county and loal safety guidelines. INSURANCE: The city of jacksonville standards insurance requirements are attached. PROMOTIONAL PRICING: Vendors will extend during the contraa period any items offered on a "promotional" basis from the manufaaurer. It will be the successful bidder's responsibility to monitor said items and report any that are or will be offered at lower prices. COOPERATIVE PURCHASE: Any bidder awarded under this bid agrees that such response also constitutes a bid price to all State and County agencies and po/itial subdivisions of the State of Aorida under the same conditions, for the same prices and for the same effeaive period as this bid, should the awarded bidder(s) deem it in their best interest of their business to do so. RESTRIaJONS: This agreement in no way restricts or interferes with any State Agency or po/itiaJ subdivision of the State of Florida to rebid any or all items. DEFAULT: In the event that the awarded vendors should breach this contraa, the City of jacksonville, Aorida, resems the right to seek all remedies in law and/or in equity. VIOLATION: In the event any of the provisions of this bid are violated by the awarded contraaors, they will be given written ~otiœ stating the deficiencies, and given then (10) days to correa deficiencies found. Cancellation of the contraa wi~1 be made by the City of jacksonville should correaions not be made. The City of jacksonville reserves the right to terminate any contraa resulting from this invitation at any time due to any violation. EQUAL BUSINESS OPPORTUNITY PROGRAM: The City of Jacksonville encourages active participation by all minorities and women owned business on all contracts, proposals, bids, professional services, subcontraaing and other goods. ORDERING: After an award has been made by the City of Jacksonville, a contract/purchase order will be mailed to the successful vendors for materials as required. AWARDING: Purchase orders will be made to the vendor with the best price for materials required from ataJogs submitted. \..; - """" Musco's Proposal Pricing is for equipment that meets in all respects the City of Jacksonville's sports lighting guidelines and specifications. Musco's Price List All Prices are Delivered Initial Light Levels Shown on Musco's scans are Guaranteed Musco's Light Structure System Please see attached Literature. This is a complete sports lighting system complete with everything trom the ground up, including the concrete base insert. The LSS comes only with remote ballast enclosure, with disconnect. 40' mtg hgt With 2 each SC-2 fixtures $ 2,889. 40' mtg hgt With 7 each SC-2 fixtures $ 7,444 50' mtg hgt WIth 2 each SC-2 fixtures $ 3,046 50' mtg hgt With 4 each SC-2 fixtures $ 4,928 60' mtg hgt With 2 each SC-2 fixtures $ 3,494 60' mtg hgt With 7 each SC-2 fixtures $ 7,917 60' mtg hgt With 10 each SC-2 fixtures $ 11,334 70' mtg hgt With 2 each SC-2 fixtures $ 3,977 70' mtg hgt With 6 each SC-2 fixtures $ 7,357 1 Add $ 788. per fixture for Additional Fixtures up to a total of 6 fixtures. Add $ 788. per fixture for Additional Fixtures, up to a total of20 fixtures. Add $ 788 per fixture for Additional Fixtures, up to a total of 3 fixtures. Add $ 788 per fixture for Additional Fixtures, up to a total of 9 fixtures. Add $ 788 per fixture for Additional Fixtures, up to a total of 6 fixtures. Add $ 788 per fixture for Additional Fixtures, up to a total of9 fixtures. Add $ 788 per fixture for Additional Fixtures, up to a total of 13 fixtures. Add $ 788 per fixture for Additional Fixtures, up to a total of 5 fixtures. Add $ 788 per fixture for '-" ...." Additional Fixtures, up to a total of 7 fixtures. 70' mtg hgt With 8 each SC-2 fixtures $ 9,736 Add $ 788 per fixture for Additional Fixtures, up to a total of 10 fixtures. 70' mtg hgt With 11 each SC-2 fixtures $ 13,103 Add $ 788 per fixture for Additional Fixtures, up to a total of 19 fixtures. 80' mtg hgt With 2 each SC-2 fixture $ 5,250 Add $ 788 per fixture for Additional Fixtures, up to a total of 7 fixtures 80' mtg hgt With 8 each SC-2 fixture $ 10,807 Add $ 788 per fixture for Additional Fixtures, up to a total of 14 fixtures 80' mtg hgt With 15 each SC-2 fixture $ 18,414 Add $ 788 per fixture for Additional Fixtures, up to a total of 23 fixtures Note: Included in these prices are delivery jobsite (tailgated); 7 year parts and labor warranty as stated in accompanying literature; sealed foundation designs by a Florida Structural PE meeting 100 mph winds, Exposure C rating for the 1994 SBC. Musco's Sports Cluster Fixtures Pre-WIfed, Pre-Aimed with necessary brackets to attach to poles For use on poles by others (not included) Standard Lamp with Symmetrical Reflector Lamps are either Philips, GE or Sylvania. SC-l SC-l SC-I SC-l Standard BaIIast Standard Ballast Remote Ballast Remote Ballast 1000 W 1500 W 1000 W 1500 W $ 495.00 $ 495.00 $ 535.00 $ 535.00 Musco "Z" Lamp with Symmetrical Reflector with lower Inserts Lamp is mfgr'd by Philips. Important: The City of Jacksonville recognizes that different manufacturers require different fixture quantities to achieve the initial light levels specified for a particular sports lighting site. Thus, the prices quoted per fixture are not relevant to "Best Buy for the City of Jacksonville" until the City then provides each manufacturer the size of 2 '-' ....", the area (field) they wish to light (defined by grid counts and grid size) and the initial light levels to be achieved. SC-2 SC-2 SC-2 SC-2 Standard Ballast Standard Ballast Remote Ballast Remote Ballast 1000 W 1500 W 1000 W 1500 W $ 529.00 $ 529.00 $ 554.00 $ 554.00 Spill and Glare Control: Level 8 visor (90% spill and glare control) . . . . . . . .. $ 69.00 each Can be added to existing SC- I or SC-2 fixtures w/o reduction in field Light Levels. TLC (total light control) . . . . . . . . . . . . . . . . . . . . .. $149.00 each (*) (*) TLC will result in 0 light spill onto nearby residential properties. When considering TLC, additional fixtures may be required to retain initial light levels. Disconnect Adder: On any of the remote ballast above, add $ 170.00 to each pole, to have a Thermal Magnetic Disconnect included in the remote electrical enclosure.(up to 18 fixtures per pole). Retro-Fit SC-l (Musco's Older Technology presently installed at numerous sites in Jacksonville) to SC-2 technology - (25% more light per fixture for same KW consumption). SC-l to SC-2Z: . . . . . . . . . $ 133. per fixture Package Includes: Reflector Insert 1500 W Spring-Loaded Z-Lamp Replacement Centering Ring Musco's Gym-Pak Built specifically for gymnasiums Remote Ballast / Dual Level Lighting for PE and Competitive Play Listed Below Please Find "Gym-Pale Systems" for various size gymnasiums and/or different light levels: Gym-Pak 8 8 each Gym-Pale Fixtures $ 5,200 Gym-Pak 12 12 each Gym-Pale Fixtures $ 7,800 Gym-Pak 16 16 each Gym-Pak Fixtures $ 10,400 Gym-Pak 20 20 each Gym-Pale Fixtures $ 13,000 3 . 'w' -- ....., Gym-Pak 24 24 each Gym-Pak Fixtures $ 15,600 Per Fixture Price is $ 650. each, which includes all items, is delivered, warranted. Please refer to attached literature. Parts List Lamps: 1500 W Z-Lamp (R/LA-MHI5Z) $ 57.00 1500 W Z-Lamp Retrofit (R?LA-MHI5ZS) $ 87.00 1500 W Lamp (R/LA-MHI5) $ 54.00 1000 W Z-Lamp (R/LA-MHlOZ) $ 57.00 1000 W Z-Lamp Retrofit (R?LA-MHlOZS) $ 87.00 1000 W Lamp (R/LA-MHI0) $ 54.00 Ballast & Capacitors: 1500 W Capacitor (R/CAP-MHI5) 1500 W 480V Ballast (R/BAL-480MHI5) 1500 QV Ballast (R/BAL-QVMHI5) 1000 W Capacitor (R/CAP-MHI0) 1000 W 480V Ballast (R/BAL-480MHI0) 1000 QVBallast (R/BAL-QVMHIO) Fixture Components Knuckle/Cone Assembly (R/999-KC) LenslRing Assembly (R/999-GA) Reflector (R/999-RRSC-I) Nema Type 2,3,4,5, & 6 Reflector (RI999-RRSC-2) Nema Type 2,3,4,5, & 6 Reflector (RI999-RRL V8.) Nema Type 2,3,4,5, & 6 $ 29.00 $137.00 $137.00 $ 29.00 $113.00 $113.00 $ 34.00 $ 30.00 $ 49.00 $ 81. 00 $ 81.00 Warranties Please refer to Musco's warranty shown on the product literature provided. 4 ~ '" : ~ 'rill AGENDA REQUEST ITEM NO. C- 4 It DATE: February 9, 1999 REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Office of the State Courts Administrator (OSCA) Grant BACKGROUND: On behalf of the St. Lucie County Clerk of Court, the Office of the State Courts Administrator requested financial assistance from the State of Florida Year 2000 Administered Funds to ensure the automated court record system compliance with the Year 2000. This funding was approved by the State Year 2000 Task Force on December 22,1998. OSCA intends to disburse $412,810 to the St. Lucie County Board of County Commissioners to cover costs associated with ensuring the Clerk of Courts computer system is Y2K compliant. The County will transmit these funds to the Clerk of Courts, who will administer a contract for Y2K improvements. FUNDS AVAILABLE: See attached resolution PREVIOUS ACTION: January 26, 1999 - The Board approved the grant and authorized the attorney to execute the agreement between the OSCA, the Board and the Clerk of Courts. RECOMMENDATION: Staff recommends the Board approve Budget Resolution 99-45 appropriating $412,810 grant-in-aid from the Office of the State Courts Administrator and transmitting the funds to the Clerk of Courts for the Y2K Compliance project. COMMISSION ACTION: [¡APPROVED [] DENIED [ ] OTHER: County Attorney: XX ,r<K' Management & Budget: Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) XX G: \budget\wplagenda' slagenda99\2'9Clerk _Grant, w¡xl ~ ;; ~ ...., C~~ RESOLUTION NO. 99-45 WHEREAS, subsequent to the adoption of the St Lucie County Board of County Commissioners budget for St Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from a grant-in-aid to the St. Lucie County Board of County Commissioners from the Office of the State Courts Administrator to be used to cover costs associated with ensuring the Clerk of the Courts automated court record system is in compliance with the Year 2000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St Lucie County, Florida, in meeting assembled this 9th day of February, 1999, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 1998-99, and the County's budget is hereby amended as follows: REVENUES 001244-1900-334905-1104 Office of State Court Administrator $412,810 APPROPRIATIONS 001244-1900-599070-1104 Clerk of Circuit Court $412,810 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 9TH DAY OF FEBRUARY ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G: Ibudgetlwp\agenda' slagenda99\2'9Clerk _Grant. wpd -- - "....- \w' ~ AGENDA REQUEST ITEM NO. C-4B DATE: February 9, 1999 REGULAR [] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Replacement of Detention Center Equipment BACKGROUND: On November 19th, 1998, the motor of a garbage disposal located at the Rock Road Detention Center shorted out and caught fire. The item was replaced, and a purchase order opened to pay the invoice. However, due to the cost, the item must be assigned a property number. To expedite payment to the vendor for work that has already been completed, staff is proposing the Board: 1) approve Equipment Request 99-197 which will update county property records and allow the Purchasing Department to process a purchase order, 2) approve Budget Amendment 99-110 transferring $2,094 from the Building Maintenance account into the Machinery and Equipment account. If it is subsequently determined that the damage constitutes a valid claim, any money received from the settlement will be used to reimburse the Building Maintenance account. FUNDS AVAILABLE: See attached Budget Amendment 99-110 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve the attached Equipment Request 99-197 and Budget Amendment 99-110. COMMISSION ACTION: I [./, APPROVED [J DENIED [ ] OTHER: .-.-- Anderson Administrator ~ Coordination/Signatures County Attorney: ~Management & Budget: XX ~ Purchasing: XX cB Originating Dept: Public Works: Other: Central Services: Finance: (Check for Copy only, if applicable) XX - À\) "'i- B DGET AMENDMENT REQUEST FOR REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB for Central Services February 2, 1999 February 9, 1999 TO: 1 07-1940-564000-1 00 Machinery and Equipment $2,094 FROM: 107-1940-546100-100 Building Maintenance $2,094 REASON FOR BUDGET AMENDMENT: To pay for equipment and services required to replace the garbage disposal at the Rock Road Detention Center which shorted out and caught fire. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 99-110 DOCUMENT # & INPUT BY: nMR'()Plr,FNFRAIIFORMSIAMENDMEN eft. 10101194 ~.ø en 0::: W zen 001 - co en en en en -- :Eo:: :Ec( Ow 0)- )-..JW I-c(~ ZOO :Jen 0-1- OLLen LLO:::W O°:J LLO 0l-W 0::: en 0::: c(Wc( O:JO mOZ )-WW a-O:::C) ZI-c( :JZ OW 0:E We: -:J 00 3w I- en ß C/) s; ~ o ~ C/) ~ C/) ~ c w c z w :t :t o o w D:: ä w > o D:: D... D... c( C/) ~ ~ S; ~ ct ~ ~ ~ -J ~ ~ ~ ~ :::! ~ ~ .:..: z w :t t: c( D... W C z o cñ :> õ -J ~ o Q. C/) è5 lJJ (!) <:( -.:t' en 01 ct 0 ~ ~ .:..: z :> o .:..: :t z c( w .... :t w !!: C) :> C a :> w aJ I- ~ ~ lJJ Ü ~ lJJ ct "'" "WI ..... =:3 0"tJ "tJ c: -ê (t o en .c:-e en 0 ~ 0 ~ ~ c: <1>£ Ü <1> c: a. ~ e c:a. ~~ <1> c: a =:3 "tJ 0 (t 0 0..... a:: 53 ~ E o =:3 o 0 a::.g <1> .c:~ ..... ~ ..... <1> (t a. "tJ e ~a. (t 0 0..... o ~ - <1> ëã-e en 0 o a. .S: .en __ i5 Q) <1>..... t»en (t ~ -etr (t ~ t»en <tI '- ......... o 0 . ~ ~ <1> .Ed>~ o £ E E ~ <tI <1><1>"tJ .c:~<1> ....<tI.c: ~- ..... ex> <tI ~ O):::.,e 0) e - a.~ ~a.C: £<:(<1> 0) E - . <1> ~ ~ fI) <1> It::: \.;;. .0.....=:3 E.c:.o <1> g>.§ ~ <tI ~ <:o~ c: "tJ <1> O c: <1> (t CI) "'- 01 .... , 01 0) o lJJ ð w D:: .... z w :t !!: :> a w o o .... 6 o o ;1; 10 6 -.:t' 0) .... ~ o .... ó:: W ID :t :> z .... z :> o o o c( z o i= c( o ¡¡: i= rn :) "") ~ \w' "" .., AGENDA REQUEST ITEM NO. C-SA DATE: February 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SlffiJECT: Permission to purchase a stand alone computer with CD Rom to replace the North Hutchinson Island operations and maintenance computer which was ~upplied originally by the contractor and has failed and can not be repair~vThe cost of the computer is $885.00. FUNDS AVAIL.: 441-3600-564000-300 PREVIOUS ACTION: see attached RECOMMENDATION: Staff recommends approval to purchase a computer for the NEI Wastewater Treatment Facility at a cost of $885.00 and approve equipment request EQ99-196. COMMISSION ACTION: [v1 [ ] APPROVED OTHER: ] DENIED ...-"'\, derson Administrator Coordination/Signatures It( county Attorney:_X V Originating Dept,x~ Finance Director: (Check f Copy only, Mgt. & Budget: x/p v purchasing Other: Other: if applicable)____ Eff. 5/96 - -- ;. '-" ~ BOARD OF COUNTY COMMISSIONERS ....,¡ t6pr UTiliTIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM DATE: BOARD OF COUNTY COMMISSIONERS WILLIAM R. BLAZAK, DIRECTOR ïf/Jô FEBRUARY 9,1999 TO: FROM: SUBJ: PURCHASE OF A COMPUTER FOR THE NORTH HUTCHINSON ISLAND WASTEWATER TREATMENT FACILITY PREVIOUS ACTION: None BACKGROUND: This computer is a replacement for existing equipment at North Hutchinson Island wastewater treatment plant. When the utilities department entered into contract operations and maintenance in 1995 the computer at the facility was supplied as part of their contract. That original piece of equipment failed and had to be replaced. When the South Hutchinson Island plant came on line St. Lucie County Utilities met with automated services staff and decided that better equipment could be supplied internally than could be supplied by the contractor and at a much better price. Consistent with the decision for South Hutchinson, automated services has supplied replacement equipment for North Hutchinson wastewater treatment plant. The new computer will provide for operation of the preventative maintenance program as well as store historical information related to the monthly operation and maintenance reports that are generated. Automated Services will be able to provide support as well as upgrades to the new equipment that could not be accomplished with the equipment supplied by the contractor. The cost of the new computer is $ 885.00. RECOMMEND A TION: Staff recommends that the Board of County Commissioners approve the purchase of the computer from Automated Services in the amount of $885.00. JOHN D, ßRUHN, District No, 1 . DOUG COWARD, District No.2' PAULA A. LEWIS, District No, 3 . FRANNIE HUTCHINSON, District No.4' CLIFF ßARNES, Districr No, 5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561 ) 462-1153 ... ... \ m m C 0 , I) £) <: m c: c: ëñ -a :;; :;; » æ= æ= Õ ~ m m z 3!: z z m -t :-:' z ;:u :-:' m ~ I'T1 :f :-I O)Q;'~ () c: 0 Õ':J' '::'I (') 0 ::j co 3 ~ (j -, () ~ r- co "tJ:::: :3 , ã)~::J - 0) () c: \0 0=ES: I'T1 Q) !::!":E iT! en o' () 0) () ::J 0 3 C/) t:: :::0 0 en a 3 ()C/)::!: ~t:::::: ~ ã)"O ':g~ t:: iT! 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"0 ::ro ~ ~z .þ,. <Q Õ 0) () - ~<Q C/) -. m I ~::J en (.,) () ã1 ~ Q) ~, -10. 0 ã1 3 (þ'<O C? 01 CD 0) 0..<0 Q) ~C/) O)SJ'I .þ,. ::J s: 0 ~ 0 o..() C? ::::::: ~ 8 (.,) 0) ;;:: 0 0 C/) 0) 3 0 C/) a"O õ -. ~ a ::J () ::r 9:~ ëìf a ..... õ ::J s: ::J. () () 0 () :::0 0) 0.. I'T1 - 0 $ ..... en I'T1 0 - \w' ......, -. AGENDA REQUEST ITEM NO. C-5B DATE: February 9, 1999 REGULAR [ ]. PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : UtilitieA Department William R. Blazak SlffiJECT: Approval of Camp, Dresser & McKee, Inc. work authorization to provide engineering assistance related to the South Hutchinson Island Wastewater Treatment Facility. The work authorization would be performed under contract C96-09-717 in the amount not to exceed $22,350.00 FUNDS AVAIL. :451-3510-531000-300 PREVIOUS ACTION: see attached RECOMMENDATION: Staff recommends approval of the work authorization with Camp, Dresser & McKee, Inc. in an amount not to exceed $22,350.00 and request that the Board of County Commissioners authorize the chairman to sign the authorization. DENIED derson Administrator ~o;t::::O::ION .[ [ ] OTHER: K County Attorney:_x~ originating DePt:X~ Finance Director: (Check for Copy only, Coordination/Signatures " h' í¡, i'.1./ Mgt. & Budget: X "!I, I ".¡ I ! 'þ'" ! other: i purchasing Other: if applicable)_ Eff. 5/96 ~ ..." c?\o BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLING DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS WILLIAM R. BLAZAK, DIRECTOR tJJJf' FEBRUARY 9, 1999 FROM: DATE: SUBJ: CAMP, DRESSER & MCKEE WORK AUTHORIZATION PREVIOUS ACTION: Approved a general services contract with Camp, Dresser & McKee, Inc which is contract C96-09-717 in September 1996 BACKGROUND: This work authorization will provide engineering assistance related to the South Hutchinson Island Wastewater Treatment Plant and Conveyance System. Consistent with the requirements of the bond covenants an annual report will be prepared as part of this authorization. In addition to the annual report on going operation assistance will be provided to our current operations and maintenance contractor and quarterly site visits and reports generated to monitor the facility operation and insure the long term reliability of the County's capital investment. Services will be performed according to the rates established in contract No. C 96-09-717 entered into in September of 1996 between St. Lucie County and Camp Dresser & McKee, Inc. The work authorization is in the amount of$ 22,350.00 and is a not to exceed amount. RECOMMENDATION: Staff recommends approval of the work authorization with Camp Dresser & McKee in an amount not to exceed $ 22,350.00 and request that the Board of County Commissioners authorize the chairman to sign the authorization. JOHN D, ßRUHN, District No, 1 . DOUG COWARD, District No.2' PAULA A. LEWIS, District No, 3 . FRANNIE HUTCHINSON, District NO.4' CLIFF ßARNES, District NO.5 County Administrator, Douglas M, Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561) 462-1153 ....., -...I ST. LUCIE COUNTY SOUTH HUTCHINSON ISLAND WASTEWATER FACILITIES ENGINEER'S REPORT AND OPERATION & MAINTENANCE ASSISTANCE FISCAL YEAR 1998/99 AGREEMENT FOR PROFESSIONAL SERVICES AMENDMENT DATE: WORK AUTHORIZATION NO._ FOR CONSULTING SERVICES COUNTY NO.: CAMP DRESSER & McKEE INC. CDM PROJECT NO. 6277- I. PROJECT DESCRIPTION Subsection 5.01(E) of the County's Special Assessment Bonds, Series 1995 (South Hutchinson Island Wastewater System), (referred to as the "Special Assessment Bonds"), sets forth requirements for inspection and reporting by the consulting engineer. ~"""., This project comprises of engineering services required to provide annual engineer's report as established by the Special Assessment Bonds issued for construction of the South Hutchinson Island Wastewater System. Tasks include physical inspection of all facilities and financial analysis of the System, including operating revenues, expenses, net revenues, and Renewal and Replacement Fund. Quarterly operation and maintenance inspection visits are included. Additional site visits required for warranty related equipment are also included. . II. SCOPE OF SERVICES Reference is made to the attached Scopes of Work, Exhibits A and B, and the "Agreement for Continuing Professional Engineering Services," dated September 17, 1997. III. CONSULTING ENGINEER INSURANCE REQUIREMENTS A. Professional Liability Insurance with limits of liability no less than One Million Dollars ($1,000,000). B. Workers' Compensation Insurance in accordance with Florida Statues. C. Commercial General Liability with minimum limits of Five Hundred Thousand Dollars ($500,000) each accident. kn2131 ~ ....,I D. Business Commercial Auto Liability with a minimum limit of One Hundred Thousand Dollars ($100,000) combined single limit for Bodily Injury and Property Damage. IV. COMPENSATION FOR SERVICES Compensation for services shall be an upper limit not to exceed the amount of Twenty Two Thousand Three Hundred Fifty Dollars ($22,350.00). A detailed breakdown of the estimated labor hours and other project costs is included in Exhibit B. V. SCHEDULE OF PERFORMANCE Engineering services related to the engineer's report shall be completed within two months of execution of the work authorization. Operation and maintenance inspections will be conducted quarterly upon execution of the work authorization for a period of one calender year beginning January 1, 1999. Additional site visits will be conducted as necessary . SUBMITTED BY: APPROVED BY: .'!Þ':,..,~. .> CAMP DRESSER & McKEE INC. ( Consultant) ST. LUCIE COUNTY Board of County Commissioners BY:F../~ ~~J E. Lawrence Adams, Jr., P .E., DEB . Vice President BY: Chairman DATE: 1 J1,q /7 í I I DATE: kn2131 W' ....." EXHIBIT A ST. LUCIE COUNTY SOUTH HUTCHINSON ISLAND WASTEWATER FACILITIES ENGINEER's REPORT AND OPERATION & MAINTENANCE ASSISTANCE SCOPE OF SERVICES Camp Dresser & McKee, Inc. (CDM) will provide engineering services necessary for preparing the annual engineer's report for the South Hutchinson Island Wastewater System as required by the Special Assessment Bonds issued for project construction. CDM will review all applicable historical financial data including operating revenues, expenses, net revenues, and the Renewal and Replacement Fund. Physical inspection of the wastewater facilities as part of the engineer's report requirements is also included. Quarterly operation and maintenance inspection visits for a one calender year period beginning January 1, 1999 are included to monitor plant performance and equipment management, and to assist with operational, maintenance and regulatory issues, to ensure that the County's investment is properly maintained. Four (4) additional site visits required for equipment warranty assistance are also included. :~ .~ .~ .. kn2131 '-' ..., EXIllBIT B PROJECT BUDGET PROJECT: South Hutchinson Island Wastewater Facilities PROJECT DESCRIPTION: Engineer's Report and Operation & Maintenance Assistance Labor Cateioty ~ Thml Officer 6 Principal/i\ssociate 96 Senior Professional 56 Professional II 8 Senior Field Services 32 Project Administration .M 222 TOTAL LABOR COST $20,772 :9' ~~ OTHER DIRECT COSTS Travel $500 Copying and Printing 400 Computer/Scanning 400 Postage and Shipping 1QQ TOTAL OTHER DIRECT COSTS $1.600 TOTAL UPPER LIMIT AMOUNT, USE $22.372 $22.350 TOTAL ESTIMATED COST kn2J31 ~ .....,¡ ~(2NDA REauEST ITEM NO. C-6 DATE: February 9, 1999 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT l X ] PRESEN'rEtr BY: SUBMITTED BY (DEPT): Ltdsure Services-Tourism. Division Gayl'a Barwick ~UB.JECT: MBI Advertisin9 Invoices ~Kr.RQlnrD: 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 $1,321.90 for January represents cost for the following: $ 793.75 Fees $ 95.65 Expenses $ 60.00 Ad Production for Women's Day $ 37.50 Ad production for Readers Digest $ 143.75 Ad production for Player Magazine $ 142.50 Ad production for New Jersey star Ledger $ 48.75 Ad production for NY Daily News/USA Getaway Request approval for payment on the invoices for the month of January in the amount of $1,321.90. The invoices have been reviewed in detail by Tourism staff. packets with supporting material are available in the Tourism Dipartment for review. FUNDS AVAIL. (state type & No. of transaction ~ N/A) : fREVIOUS ACTION:.. BECnMMF.\ilDATION~ The Tourist Development council and staff recommends Board approval to pay the attached invoices. 1 DENIED 77Ø:::::ION:[ [ ] OTHER: Dou Anderson County Administrator þYi_ and. AaDrðVa1.a purchasing: County Attorney: ~ Management' Budget: originating Dept.: -.5F'"" J,,/:J Other: Finance: (Check for Copy only, if applicable) Other: WP\FORM\MBIAGREQ ,-----.) '-' ....,¡ AGENDA REOUEST ITEM NO. C 7A DATE: February 9,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Human Services Division Beth Ryder, Manager SUBJECT: Approval of the Agreement with the Treasure Coast Food Bank, Inc. for emergency one time funding of $5,000. BACKGROUND: The Treasure Coast Food Bank, Inc. experienced unexpected capital expenses after purchasing a building to house the food bank and other non-profit agencies. The shortfall has caused an adverse effect for the agency's day-to-day operations, including the purchase of food. FUNDS AVAIL. 001- 6900- 582021- 600 PREVIOUS ACTION: At the meeting held on January 26,1999, the Board approved the request for $5,000.00 for emergency assistance for the Food Bank. RECOMMENDATION: Approval of the Agreement with the Treasure Coast Food Bank, Inc. and authorization for the Chairman to execute all necessary documents. ENCE: APPROVED [] DENIED OTHER: Dou ás M. Anderson County Administrator County Attorney:_X (Jr coordination/Si~~:~:~S~ ~ Management & BUdget~~ Purchasing: Other: Other: Originating Department: Finance: Check for copy only, if applicable , '-' ...., c1f\ GRANT CONTRACT THIS CONTRACT, made this day of A.D. 19 between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST FOOD BANK, INC. or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of five thousand and 00/100 dollars ($5,000.00). Payment to the Recipient shall be made to the Recipient within fifteen (15) days after 'the date this contract is executed on behalf of the County. 2. The grant shall be used for operational expenses. Beginning April 1, 1999, the Recipient shall submit quarterly reports to the St. Lucie County Human Services Manager indicating the number of clients and units of food distributed during the previous quarter. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this contract, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly liceœed public accountant, of the expenditure of the grant. In the alternative æd subject to the prior written approval of the County Management and Budget Manager, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all docurrents required under this paragraph within ninety (90) days after the end of its current fiscal year. ~ ....,; 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, .. papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefran are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Horida. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of tennination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 ~ ...., WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 .. TO THE RECIPIENT: Treasure Coast Food Bank, Inc. 1102 South U.S. Highway One Fort Pierce, Florida 34950 12. No amendment, modifIcation or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 13. Except as 'Otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this AgreemeIt shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN ATTEST: SECRETARY -... g: \atty\agreemnt\contract\food. bank. 99. wpd '....I APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TREASURE COAST FOOD BANK, INC. BY: PRESIDENT (SEAL) I ~ AGENDA REOU~ ITEM NO. (,-7 ß DATE: February 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: SHIP Program - First Amendment to Agreement with St. Lucie County Habitat for Humanity, Inc. BACKGROUND: See attached memorandum CA 99-122. FUNDS AVAILABLE: Account Nos. 185202-5420-549600-500, 185203-5420-549600-500, and 185204-5420-549600-500. RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed first amendment to the agreement with St. Lucie County Habitat for Humanity, Inc., and authorize the chairman to sign the amendment upon receipt of the signed originals from Habitat. NCE: f APPROVED [J DENIED [ ] OTHER: Review and Approvals l-,/ ¥rnagement & Budget: e#~ ~r rJtlll1~ C€.s I Other: . Purchasing: County Attorney: ~ ~ or,., _ Originating Dept. Other. - Finance: (Check for Copy only, if applicable): _ '.. -... ....", C"Þ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-122 DATE: February 2, 1999 SUBJECT: SHIP Program - First Amendment to Agreement with St. Lucie County Habitat for Humanity, Inc. BACKGROUND: On January 20, 1998, the Board of County Commissioners approved an agreement with St. Lucie County Habitat for Humanity, Inc. to assist the County in the administration and completion of residential repair projects under the SHIP Program. The amount of funding under the agreement was sixty thousand and 00/100 dollars ($60,000.00) using the State of Florida 1996- 97 SHIP allocation to the County. Attached to this memorandum is a copy of a proposed ftrst amendment to the agreement with Habitat which will extend the program using the SHIP allocations for State of Florida ftscal years 1997-98, 1998-99, and 1999-2000. The total amount of the compensation to be paid Habitat under the amendment will not exceed one hundred eighty thousand and 00/100 dollars ($180,000.00). These funds will be used to compensate Habitat for preparation of the work write-ups and cost estimates for each residential unit based upon ftve percent (5 %) of the estimated cost of the repairs, but not less than two hundred ftfty and 00/100 dollars ($250.00), and up to ftfteen thousand and 00/100 dollars ($15,000.00), or ftfty percent (50%) of the value of the unit, whichever is less, for the repairs. Funds are available for these expenditures in account numbers 185202-5420-549600-500, 185203-5420-549600-500, and 185204-5420-549600-500 CONCLUSION/RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed ftrst amendment to the agreement with St. Lucie County Habitat for Humanity, Inc., and authorize the chairman to sign the amendment upon receipt of the signed originals from Habitat. Respectfully submitted, ~~ Heather Young Assistant County Attorney " Attachment Copies to: -- ....., County Administrator Finance Director Human Services Manager Management and Budget Manager Grants Coordinator "-' '-' FIRST AMENDMENT TO JANUARY 15, 1998 AGREEMENT THIS FIRST AMENDMENT is dated this _ day of , 1999, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County", and ST. LUCIE COUNTY HABITAT FOR HUMANITY, INC., hereinafter referred to as "Habitat". WHEREAS, on January 15, 1998, the parties entered into an Agreement, hereinafter referred to as the "Agreement", wherein Habitat agreed to assist the County in the administration of residential repair projects in St. Lucie County using St. Lucie County SHIP Program funds; and, WHEREAS, the County has received an additional allocation of SHIP funds for State of Florida fiscal years 1998-99 and 1999-2000; and, WHEREAS, the parties desire to amend the Agreement to continue the residential repair program with the State of Florida fiscal years 1998-99 and 1999-2000 SHIP allocations. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 4 of the Agreement shall be amended to read as follows: 4. TERM: TIME OF PERFORMANCE The term of this Agreement shall be from January 6, 1998 to the later of (a) December 31, 2000; or the date all of the State of Florida fiscal years 1996-97, 1997-98,1998-99 and 1999-2000 SHIP Program funds for repair of residential units are expended pursuant to this Agreement. The term of this Agreement may be extended upon the mutual written consent of both parties. Habitat agrees to schedule repairs of each residential unit approved by the County within ten (10) days of the date of receipt of Notice to Proceed for each unit. 2. Paragraph 5 of the Agreement shall be amended to read as follows: 5 COMPENSATION' The County agrees to pay Habitat a total amount not to exceed one hundred eighty thousand and 00/100 dollars ($180,000.00), payable as follows: A. Preparation of work write-up and costs estimate(s) - Five percent (5%) of total estimated cost of repairs for each individual unit, but 1 ~ .....,' """ no~ less than two hundred fifty and 00/100 dollars ($250.00) per UnIt. B. Repair of a residential unit - Up to fifteen thousand and 00/100 dollars ($15,000.00) or fifty percent (50%) of the value of the individual unit, whichever is less. Upon signing a contract for repair of a residence, the County will issue a check to Habitat for twenty-five percent (25%) of the cost for the materials needed for the repairs. Habitat shall submit a request for payment following completion of the repairs of each residential unit. After the repairs have been completed, inspected and approved for each unit, the County's Project Manager shall promptly issue a final certificate. Final payment shall be due within fifteen (15) business days after the County's Project Manager issues the final certificate. Anything herein to the contrary notwithstanding, any and all obligation of the County to make any and all payment to Habitat are expressly conditioned upon receipt of, and authorization to expend, SHIP funds from the State of Florida, and are expressly conditioned upon appropriation thereof by the Board of County Commissioners of St. Lucie County, Florida. In the event said funds are not expended as required under this Agreement, the County or Habitat may apply for an exemption as provided under Rule 91-37.0021(17), Florida Administrative Code. effect. 3. All other terms and conditions of the Agreement shall remain in full force and IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TD FORM AND CORRECTNESS BY: COUNTY ATTORNEY 2 ATTEST: ~ SECRETARY G:\A ITY\AGREEMNT\AMEND,98\lA_HABIT A T,WPD """ ST. LUCIE COUNTY HABITAT FOR HUMANITY, INC. BY: PRESIDENT (SEAL) 3 ~ -..."I AGENDA REQUEST ITEM NO. ---C..::..8. DATE:2/9/99 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT) : Adminjstratjon Doug Anderson SUBJECT' Meeting Cancellation BACKGROUND' The Chamber of Commerce has scheduled its annual trip to Tallahassee for March 15-17, 1999. The regularly scheduled Commission meeting for that week falls on March 16,1999. It will be necessary to cancel this meeting due to lack of a quorum. FUNDS AVAIL. : PREVIOUS ACTION, RECOMMENDATION: Staff recommends cancellation of the March 16, 1999 Board meeting due to lack of a quorum. ~~S::::O:::ION: [ ] OTHER: DENIED M. Anderson Administrator Review and ~provals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff, 5/96 ~'lA- AGENDA REQUEST ITEM NO. DATE: February 9, 1999 REGULAR [ ] "INVESTMENT FOR THE FUTURE" PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING PRESENTED BY: CHARLES BICHT SUBJECT: Award of bid #99-27 South Causeway Island Access Barriers BACKGROUND: On January 20, 1999 bids were opened for the installation of access barriers on South Causeway Island. Fifteen vendors were notified (one is minority owned), ten sets of bid documents were distributed (one is minority owned) and two bids were received. The low bidder is Adnan Investment & Development, Inc. in the amount of $17,900.00 with an additional $500.00 for the Public Construction Bond. FUNDS AVAIL.: 316-7240-562000-7610 PREVIOUS ACTION: N/A BECOMMENDA TION: Staff recommends award of bid #99-27 South Causeway Island Access Barriers to the low bidder Adnan Investment & Development, Inc. in the amount of $18,400.00 (including the cost for the Public Construction Bond) and authorize the chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: riJ APPROVED [] DENIED [ ] OTHER: 4-1 County Attomey:(X) $Y Mgt. & 8 Purchasing Originating Dept: Other. Other: Finance: (Check for Copy only, if Applicable)_XX_ Eff. 1/97 H:\WP\AGENDAS\BIDS\99-27 award,wpd DEPARTMENT MEMORANDUM 99 -#09 TO: Charlie Bicht, Purchasing FROM: Don McLan1, Recreation Manag, DATE: January 22,t998 RE: South Causeway Island Access Barrier Bids (~~ ****************************************************************************** Weare going to Inc. for the that you and I discussed. certified DOT barrier posts ,Rlea~ca!;Lwith any questions. o _....=:;0 ,... 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DATE: February 9, 1999 "INVESTMENT FOR THE FUTUREH REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PURCHASING SUBJECT: Award of bid #99ø15 Purchase of Vehicles & Light Trucks PRESENTED BY: CHARLES BICHT BACKGROUND: On January 27. 1999 bids were opened for the purchase of vehicles and light trucks. Thirty eight vendors were notified (four are minority owned). Those notified include all of the vendors on the county vendor list and all vehicle dealers in St. Lucie County (see attached list). The notification was by placing a advertisement in three newspapers and mailing a postcard (copy attached) to the on the vendor data base and dealers within St. Lucie County. Ten sets of bid documents were distributed (two are minority owned) and three bids were received. The bid prices received were compared to State Contract pricing (see spreadsheet). . FUNDS AVAIL.: 316-1930-564000-100 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-15 Purchase Vehicles and Light Trucks to the low bidder for each type of vehicle as indicated on the attached spreadsheet and all others to be purchased in accordance with State Contract. nderson y Administrator [ APPROVED [] DENIED [ ] OTHER: Mgt. & Budget: Purchasing County Atlorney:(X) Originatíng Dept: sY Other: Other: Eff. 1/97 Finance: (Check for Copy only, if Applicable)_XX_ H:\WP\AGENDAS\BIDS\99'15 award.wpd 0 " (/) ~ 0 ~~ ~ " o~ t.) 0 wO ~ 0 m" a: z wW I- UJ ..J:E > ..J- I- _0 m ~ct :I: 02 C) - ..J I- cð ("II w (/) ~ w w " 5 :I: ..J 0 wI- (/) t.) 0 :Cw - Z O..J Z :I: UJ 00 ¡I~ 0 w· > """')" - >~ z> ~ :cw w< 0:c ..J (/)0 """')0 ~ <~ m :1:0 < t.)~ ~ C I- ~@) ~ " I- C " 0 - a..m 0 LL m ......m C C U)m z - I-~ UJ w Z .. > " WI'-- Z :iN 0 I-~ C 0::« ! <::) fhz oð .. en >w It)C« ".... ~U)-, O~ (!) ffi tJ) c»::;)C w >~ moW t- W (.) <en:J =It-Z U ~~ CO::W 01- -<a.. 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US HIGHWAY 1 FORT PIERCE, FL 34982 BILL SHULTZ CHEVROLET 4200 S. ÙS HIGHWAY 1 FT. PIERCE, FL 34982 CHARLIE'S DODGE/ISUZU 4815 S. US HIGHWAY 1 FT. PIERCE, FL 34982 FT. PIERCE NISSAN, INC. 4405 S. US HIGHWAY 1 FT. PIERCE, FL 34982 ROYAL MITSUBISHI 1850 S. US HIGHWAY 1 FT. PIERCE, FL 34982 _ ý"IJ/O '-" COGGIN MOTOR MALL 4500 S. US HIGHWAY 1 FT. PIERCE, FL 34982 JOHNSON CHRYSLER-PLYMOUTH 2633 S. US HIGHWAY 1 FT. PIERCE, FL 34982 TREASURE COAST KIA 5560 S. US HIGHWAY 1 FT. PIERCE, FL 34982 ROGER DEAN BUICK GMC TRUCK 5255 S. US HIGHWAY 1 FT. PIERCE, FL 34982 - ....., \q~ \~0~ -~º- ~C STEVE B~TT ~ 5555 S. U~ GHWAY 1 FORT PI~CE, 34982 ROGER DEAN 5255 S. US HIGHWAY 1 FT. PIERCE, FL 34982 - c;F . SuøHISE FOID ~ 5435 S."Q~GHWAY 1 FT. P¡~, FL 34982 \ RICK STARR LINCOLN MERCURY 5400 S. US HIGHWAY 1 FT. PIERCE, FL 34982 BEY SMITH TOYOTA 3350 S. US HIGHWAY 1 FT. PIERCE, FL 34982 Bell Chèvrolet-Geo Inc 601 E Alexander St plant City FL 33566 Ed Morse Chevrolet Inc 2377 Northlake Blvd Lake Park FL 33403 Janie Dean Chevrolet 1000 US Hwy #1 Vero Beach FL 32960 Sunrise Ford Inc 5435 South Us #1 Ft Pierce FL 34982 t86ÞE ~d ao~a1d ~d pA~a ^ptISa tttÞ OUI sao1~as ptISt~aAO '-' Don Reid Ford 1875 S. Orlamdo Ave Maitland FL 32751 Garber Chevrolet Geo Inc 500 N Orange Ave Green Cove Springs FL 32043 Kaiser Pontiac Buick Gmc Truck POBox 2813 Deland FL 32723 Vel de Ford Inc 1395 US #1 Hwy Vero Beach FL 32960 Lv6ÞE ~d ao~a1d ~d aA~ a~~~~taa 606~ p~~oa tooqoS 0;:) a1on~ ~S £S6ÞE ~d a1on~ ~S ~~Od anuaÃ~ tre11IpOOÐ MS 60vt OUI sa~~1oos~ ~ ~~ - ....,¡ Duval Ford Po Box 7687 Jacksonville FL 32238 Gateway Chevrolet 500 South First Street Lake City FL 32055 Maroone Chevrolet Inc 760 So State Rd #7 Attn: Alan W Jacobson Hollywood FL 33023 60Þ£E ~d qo~aa mt~d ~saM pAta aaqoqoaa~o S£~~ ~atO~Aaq;:) tISaa ~aSo~ Ov08-Þ8£0£ ~ ~~tISt~~ OÞ086t S;:) ~a~~~a uo~~xa~ 10 A1a OÐ-Z-~ Golf Ventures Inc 2101 E Edgewood Dr Lakeland FL 33803 Roger Dean Chevrolet 2235 Okeechobee Blvd West Palm Beach FL 33409 586vE ~a a~~n~ ~S ~~Od <:5<:8 xoe Od no~ a~~n~ ~S ¡O ~a~s~a~~~as '-ø; Gulf Atlantic Vehicles Inc POBox 930 New Smyrna Beach FL 32170 Steve Barnett Inc 5555 South U S Hwy #1 Ft Pierce FL 34982 60vEE ~a ~~~ae Wt~d ~saM pAte aaqoq~aa~o 5E<:<: ~ato~aq~ ueaa ~aSo~ ..".¡ ~ John Deere Company Attn: E R Greenway POBox 2001 Conyers GA 30208 Sunrise Ford Tractor Co Inc 6101 Orange Ave Ft Pierce FL 34947 tL.L.<:E ~a P~O¡U~s aA~ uo~aw~~ N 086t ~UI s~~~ ^~~~~~ - D\ .. .. 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(! -10 fr DATE: February 9, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Local Law Enforcement Block Grant - Interloca1 Agreement with St. Lucie County Sheriff BACKGROUND: See attached memorandum CA 99-117. FUNDS AVAILABLE: Account No. 107109-2110-331210-200 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed interloca1 agreement with the Sheriff for the administration of Local Law Enfcrcement Block Grant (Award No. 98LBVX4485), and authorize the chairman to sign the agreement. COMMISSION ACTION: [J APPROVED [] DENIED [ ] OTHER: Doug1 Anderson County Administrator County Attorney: fit Review and ADDrovals Management & BUdget:~ Other: Purchasing: Originating Dept. Finance: (Check for Copy only, if apPïicable): ----.1\(:) Other: - v ....., C\fJ1v INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 99-117 DATE: February 1, 1999 SUBJECT: Local Law Enforcement Block Grant - Interlocal Agreement with St. Lucie County Sheriff BACKGROUND: The United States Department of Justice, Bureau of Justice Assistance has awarded the County a Local Law Enforcement Block Grant (Award No. 98LBVX4485) in the amount of sb<ty thousand four hundred ninety-two and 00/100 dollars ($60,492.00). The grant will be used to fund 1.2 additional deputy positions for the St. Lucie West booking facility. The term of the grart runs from October 1, 1998 through and including September 30, 2000. Attached to this memorandum is a copy of a proposed interlocal agreement between the County and the Sheriff governing the administration of the grant. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed interlocal agreement with the Sheriff for the administration of Local Law Enforcement Block G-ant (Award No. 98LBVX4485), and authorize the chairman to sign the agreement. Respectfully submitted, ?~~ Heather Y5u g Assistant County Attorney Attachment Copies to: _ County Administrator Finance Director Management and Budget Manager Grants Coordinator - '-" ...., '" INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made this _ day of , 1999, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called "County" and the ST. LUCIE COUNTY SHERIFF, hereinafter called "Sheriff". WHEREAS, Section 163.01, Florida Statutes (1997), provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services, and WHEREAS, the United States Department of Justice, Bureau of Justice Assistance has awarded the County a Local Law Enforcement Block Grant (Award No. 98LBVX4485) in the amount of sixty thousand four hundred ninety-two and 00/100 dollars ($60,492.00), hereinafter referred to as the "Block Grant", incorporated herein by reference; and, WHEREAS, following a public hearing on December 8, 1998, the Board of County Commissioners adopted Resolution No. 98-294 which provided for the County to deposit the Block Grant funds into the County Fine and Forfeiture Fund; and, WHEREAS, the County has recently received the Block Grant funds from the Department of Justice; and, WHEREAS, the Sheriff will use the Block Grant fupds to fund 1.2 additional deputy positions for the St. Lucie West booking facility. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1 '-' ....., ,1. GENERAL This Agreement is entered into pursuantto Section 163.01, Florida Statutes, Florida lnterlocal Cooperation Act. 2. COUNTY RESPONSIBILITIES The parties acknowledge that the County has accepted the Block Grant from the Department of Justice and has further transferred the Block Grant funds to the Fine and Forfeiture Fund. The County will reimburse the Sheriff from the Block Grant funds on a quarterly basis based upon the quarterly Department of Justice reports submitted by the Sheriff to the County for review. Following review of the Department of Justice reports, the County will submit the reports to the Department of Justice on behalf of the County and the Sheriff and transfer the quarterly reimbursement to the Sheriffs account. 3. SHERIFF RESPONSIBILITIES The Sheriff agrees to use the Block Grant funds to fund 1.2 additional detention deputy positions at the St. Lucie West booking facility. The Sheriff agrees to expend the Block Grant funds in accordance with the terms and conditions of the Block Grant. The Sheriff shall transmit all submittals required under the Block Grant to the County for submission to the Department of Justice. The Sheriff shall comply with the audit provisions of the Block Grant and shall be responsible for preparing and complying with any corrective action plan in the event that findings and/or recommendations are disclosed in the audit report. The Sheriff shall comply with all of the-s-pecial Conditions set forth in the Block Grant award. The Sheriff shall submit the original quarterly reports required under the Block Grant to the County for review and timely transmittal to the Department of Justice. The parties acknowledge and agree that the term of the 2 - ~ '...I Block,Grant began on October 1, 1998 and runs through and including September 30,2000, and the Sheriff shall be eligible for reimbursement for funds expended under the Block Grant during this period. 4. TERM The parties acknowledge and agree that the term of the Block Grant began on October 1, 1998 and runs through and including September 30, 2000, and the Sheriff shall be eligible for reimbursement for funds expended under the Block Grant during this period. 5. INDEMNITY Subject to the provisions of Section 768.28, Florida Statutes (1997), the County agrees to indemnify and hold the Sheriff harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the County while acting within the scope of his office or employment under circumstances in which the County, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes (1997), the Sheriff agrees to indemnify and hold the County harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the Sheriff or any employee of the Sheriff while acting within the scope of his office or employment under circumstances in which the Sheriff, if a private person, would be liable to the claimant, in acc..ordance with the general laws of the State of Florida. 3 '-'" ~ 6. TERMINATION Any party may cancel and terminate this Agreement with or without cause upon thirty (30) days written notice to the other parties, and at that time, all responsibility and obligations under this Agreement will terminate. 7. WHOLE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications,representations, or agreements, either verbal or written, between the parties hereto. 8. AMENDMENTS The 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. 9. 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 County: With copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue _ Administration Annex Fort Pierce. Florida 34982 4 ~ ..., If to Sheriff: St. Lucie County Sheriff 4 700 West Midway Road Fort Pierce, Florida 34950 10. FILING This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: ST. LUCIE COUNTY SHERIFF BY: Robert C. Knowles g:\agreemnt\interloc\sher-b Ik.98. wpd 5 ,j " '-' .""", ITEM NoClQ.b AGENDA REQUEST DATE: February 9, 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 Indrio North Savannas Project FCT#95-052-P56 Parcel 56 _ WestmorlandlCalhoun Parcel 161 - Deen, Thomas & Betty Jo Parcel 127 _ Johnson, Sandra K, Parcel 166 - Richwine, Herbert & Lucy Parcel 128 - Jones, Michael S. Parcel 168 - Guzy, Bajus,Shiel Parcel 130 - Jeffrey, Lorene Parcel 169 - Stevens, Mary Parcel 131 - Johnson, Sandra K, Parcel 222 - Johnson, Sandra Parcel 132 - Difato, Michael & Edith Parcel 223 - Richard, Richard S, Parcel 135 - Mann, Edith Parcel 224 - Guzy, Bajus,Shiel Parcel 137 _ Morris, Robert Parcel 225 - Crawford, Murray & Hazel Parcel 139 - Carr, W, Neale Parcel 226 - Vuyosevich, Mary Parcel 158 - Dill, William & Mary BACKGROUND: Please see attached background memorandum. FUNDS A V AILABLE: Funds will be made available in account #382-3915-561000-310035 PREVIOlJS 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. RECOMMEND A TION: Staff recommends that the Board approve the 19 Option Agreements for the parcels highlighted in purple, authorize the Chairman to execute the agreements and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [J APPROVED [] DENIED [ ] OTHER: [X]Originating Dept: ():r -:-¡;C -" [] purchasing:_ [X]Comm.DeveloP:~ Effective 5/96 [X] County Attorney: [X] Finance: (check for copy only, ~.. ., '-' ...." TO: FROM: DATE: SUBJECT: t\Ob PROPERTY ACQUISITION DIVISION MEMORANDUM Board of County Commissioners Donald G. Cole, Property Acquisition Manager February 9, 1999 Environmentally Significant Land Program Indrio North Savannas Project FCT#95-052-P56 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 witlïin the lndrio North Savanna Project. The Board authorized the use of $600,000 of the County Environmentally Significant Land (ESL) funds to match a 50% grant from FCT. On the Attached map of the project, the parcels that are subject of this request are highlighted in pU1]Jle. The option offer was negotiated at 80% of the maximum approved purchase price, as follows: Parcel # Parcel 56 Parcel 127 Parcel 128 Parcel 130 Parcel 131 Parcel 132 Parcel135 Parcel 13 7 Parcel 139 Parce1158 Parcel 161 Parcel 166 Parcel 168 Parcel 169 Parcel 222 Parcel 223 Parcel 224 Parcel 225 Parcel 226 Owner'5; Name Maximum Approved Value $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $16,000.00 $9,000.00 $4,500.00 $2,000.00 $9,000.00 $9,000.00 $4,500.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 WestmorlandlCa1houn Johnson, Sandra K. Jones, Michael S. Jeffrey, Lorene. Johnson, Sandra K. Difato, Michael & Edith Mann, Edith Morris Robert Carr, W. Neale Dill, William & Mary Deen, Thomas & Betty Jo Richwine¡ Herbert & Lucy Guzy, BaJ1!s & Shiel Stevens, Mary Johnson, SanOra K. Richard, Richard S. Guzy, Bajus & Shiel Crawford, Murray & Hazel Vuyosevich, Mary Negotiated savings =$32,400.00 Negotiated Purcha5;e Price $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $12,800.00 $7,200.00 $3,600.00 $1,600.00 $7,200.00 $7,200.00 $3,600.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 $7,200.00 - ,..r . ~ ....,,¡ BOCC February 9, 1999 Page Two The Option AgIeements for the subject parcels are available for your review in the Property AcquisItions Office. RECOMMENDATION I CONCI,USION: Staff recommends that the Board approve the option agreements for Parcels 56, 127, 128, 130, 131, 132 135, 137, 139 158, 161, 166, 168, 169,222,223,224,225 and 226 are highlIghted in pllfRle on the attached map, authorize the Chairman to execute the agreements and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. Re;ctfullY submitted: c- ~ ~.& Dona . 0 e Property Acquisition Manager CC: County Administrator County Attorney Community Development Director Leisure Services Director Finance Director Management & Budget Manager G:\aeq\WP\ YVONNE\ENVLANDS\NINDRIO\agendas\February 9 bee memo,wpd -; \w' ...., Indrio North Savannas Fcr #95-052-P56 Legend - - - project Boundaly . Closed TransactiOn - COunty Owned . ApprovedbyBOCC . Executed Option Agreement o Verbal Acceptance . Still Negotiating / No Response (8 ConI1>JnI\y De'l81opme111 ! . . Geographic Information Systems 1 , Map ~ FebtuIIy 4,1899 N .___.................IIoIInIVIIIII-_..... -----_.~.._--- _ ",-,'11"'_ Ior_. .1IgoI\t......- Project Boundary Indrio ··North Savannas FCT #95-Q52-P56 Lagend Closed Transaction - County 0Nned by BOCC Option Agreement Verbal Acceptance Still Negotiating I No Response c. 'tp 12: \ ~ - ~ "" 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 February 9, 1999 1. MINUTES Approve the minutes of the meeting held January 12, 1999. CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants Lists No. 16, 17,18, and 19. 2. MOSQUITO CONTROL Indian River Lagoon National Estuary Program (IRLNEP)/Saint John's River Water Management District Grant Application- Consider staff recommendation to approve an application for grant funds in the amount of $4,815, and pending a successful application, authorize the Chairman to sign the agreement with the IRLNEP/Saint John's River Water Management District, pending review and approval of the agreement by the County Attorney. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record ofthe proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. '-' ,. '-' ,; MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA -, REGULAR MEETING Date: January 12, 1999 Tape: 1 Convened: 9:56 a.m. Adjourned: 9:58 a.m. " Commissioners Present: Doug Coward, Chairman, 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 Wa:zny, Community Development Director; Bill B1a:zak, Utilities Director; Jim David, Mosquito Control Director; Charlie Bicht, Purchasing Manager; Harvey Lincoln, M & B Manager; Deputy Nickel; A. Millie Delgado, Deputy Clerk 1. MINUTES (1-1968) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the minutes of the meeting held December 8, 1998; and, upon roll call, motion carried unanimously. 2. CONSENT AGENDA (1-1976) It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. The District approved Warrant List Nos. 11,12,13,14 and 15. 2. Contract Renewal- The District approved the proposed annual renewal of the agreement with Aeration Industries International, Inc., for aspirating aerators and authorized the chairman to execute the Agreement. There being no further business to be brought before the District, the meeting was adjourned at 9:58 a.m. Chairman Clerk of Circuit Court 01/29/99 S~LUCIE COUNTY - BOARD '~ PAGE 1 FZABVARR VARRANT LIST #18- 23-JAN-99 TO 29-JAN-99 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 14,097.72 0.00 GRAND TOTAL: 14,097.72 0.00 ._'~~~ '-, " ~' .~.. 'J ~':! " . .\.::: .. , ~ " 01/15/99 FZABVARR FuND TITLE --.' ,\, 145 Mosquito Fund ~ LUCIE COUNrY - BOARD ....., VARRANl' LIST 1116- 09-JAN-99 TO 15-JAN-99 FUND SUMMARY- MOSQUITO EXPENSES GRAND TOTAL: 18,396.92 18,396.92 PAGE 1 PAYROLL 0.00 0.00 ~i;¡" ~ . .. 01/15/99 .. ~'LUCIE COUNTY _ BOARD \rWI FZABVARR VOID LIST# 16- 09-JAN-99 TO 15-JAN-99 FUND: 146 - Mosquito State I Fund CHECK INVOICE VENDOR 00236406 99005957 Radisson ,~ ~ TOTAL 136.00 136. DO . FUND TOTAL: \<7"'" ,-, PAGE 3 01/25/99 '-" ST. LUCIE COUNTY - BOARD FZABVARR "'" VARRANT LIST #17- 16-JAN-99 TO 22-JAN-99 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund 145808 Impoundment Restoration VII GRAND TOTAL: EXPENSES 1,920.98 3,320.84 5,241.82 PAGE 1 PAYROLL 19,372.49 0.00 19,372.49 '-'" ....., AGENDA REQUEST ITEM NO. C-~ DATE: February 9, 1999 REGULAR [ PUBLIC HEARING CONSENT [ X ] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT) : Mosquito Control James R. David SUBJECT: Indian River Lagoon National Estuary Program (IRLNEP)/Saint John's River Water Management District Grant Application BACKGROUND: The Board accepted a Surface Water Improvement and Management Grant (SWIM)in Fiscal Year 1998, which resulted in the construction and/or improvement of several pump stations in the Mosquito Impoundments. Leftover funds from that project have been approved by the granting agency for exotic eradication along 3881 linear feet (LF) of Indian River Lagoon shoreline. Those funds can be used as match toward an Indian River Lagoon National Estuary Program Grant, to extend the area of eX9tic eradication an additional 4,500 LF. FUNDS AVAIL. 145-6230-534000-6604 & 145808-6230-534000-6604 IRLNEP Grant Fund No. in-process PREVIOUS ACTION: Board approval of original SWIM Agreement on April 14, 1998 RECOMMENDATION: Staff recommends that the Mosquito Control District approve an application for grant funds from the Indian River Lagoon National Estuary program in the amount of $4,815.00, and pending a successful application, authorize the Chairman to sign the agreement with the IRLNEP/Saint John's River Water Management District, pending review and approval of the agreement by the County Attorney. CO~ISSION ACTION, [ ] APPROVED [ [ ] OTHER: DENIED E: ~ll~t'l A....t-~,yn.:;;.·,'· \,,-1 'I , .. <..- ,_.V. ",,- , . , " o Do g as Anderson County Administrator Review and A ~nagement PurchasIng: ..A1rlqlndllnq JeV ,~rt0 Finance: Check for (;opy only, Other: Other: If appllcableì___ Eff. 5/96 BOARD OF COUNTY COMMISSIONERS ....., û~ \wf MOSQUITO CONTROL DISTRICT January 25, 1999 JAMES P., DAVID DIP.EGOP. Troy Rice IRLNEP 1900 South Harbor Blvd, Suite 109 Melbourne, Florida 32901-4749 Transmitted Via Facsimile RE: Letter Grant Application Saint Lucie County Mosquito Impoundment Shoreline Restoration Dear Troy, The Saint Lucie County Mosquito Control District proposes to combine SWIM funds and Mosquito Control District Local Funds to perfonn exotic eradication of Brazilian pepper trees from its dikes along the shoreline of the Indian River Lagoon. Approximately 3881 Linear Feet (LF) of shoreline will be eradicated using those funding sources, We request a grant match tram your agency totaling $4,815,00, to add 4,500 LF of shoreline pepper eradication to the project scope, The values of the project are several-fold; including restoration via rapid natural recruitment of mangroves seedlings, reduction of erosion, increased public access to the IRL shoreline and reduced costs of cleanup after strong stonns. The Mosquito Control District proposes to perfonn long-tenn maintenance of the shorelines which are cleared, keeping them in an essentially exotic-free state, The total cost of the project will be $8,968,00, and will result in a total of 8,381 LF of shoreline restoration, Thank you for your consideration of this project. .lames R, David Director cc: file JOHN D. ßRUHN, Disrricr No, 1 . DOUG COWARD, Disrricr No.2· PAULA A. LEWIS, Disrricr No..3 . FRANNIE HUTCHINSON, Disrricr No.4' CLIFF ßARNES, Disrricr No.5 Counry Administroror - Douglos M. Anderson 2300 Virginia Avenue · Ft, Pierce, FL34982 · (561)462-1692 · FAX (561) 462-1565 . TDD(561)462-1428 3150 Will Fee Rood · Ft. Pierce, FL 34982 ,.."" Inc. 805 East Broward Boulevard, Suite 203 Fort Lauderdale, Florida 33301 Phone: 954/523-5236 IJE,(;,Epl,'7îJ Fax: 954/462-7011 January 18, 1999 JAN 2 1 i9-99 Mr. Lynn Andrews St. Lucie Mosquito Control District 3150 Will Fee Road Fort Pierce, FL. 34982 '~..~.t"'1, :~~.~ .~'T'. .".~~" ~,'~; ,'t;',¡¡..... _ _ ,', , _.~ ·c 0 f·~ -~. ~:l i::; L Re: Impoundment Restoration Impoundment 6, Impoundment 9 A Dear Mr. Andrews: Pursuant to your conversation with Dan Michels from Native Technologies regarding the removal of Brazilian pepper in the above referenced Impoundment Areas, Native Technologies agrees to continue the contract and treat Impoundment 6 (3,881 LF) and 9A (4,500 LF) at the original quote of$1.07 per linear foot. 0' I If this is acceptable, we will need a Notice to Proceed. Please do hesitate to call if you have any questions. Sincerely, ~D~ Desmond Duke Contract Administrator œ,' J..Y/llt /)~û,ù5 .$Ã. ZCLJí1 ~ /J¡µ ~ .. 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'.. ~ ~~..:;:: :::,r:'~: . ..... ".; .: \?:,'~ ~~~~ ,C?<?~N ,,'.. ,', :.:< ;".:. ...... ....:... . ...:..... ....: :". 1 0% Unvegetated 20% Laguncularia racemosa 373 '-' ...,.; DATE: DEPARTMENT: NAME OF GRANT PROJECT: GRANTING AGENCY (NAME): GRANT MANAGER (NAME): GRANT PERIOD (START DATE): BOCC APPROVAL (APPLICATION): BUDGET RESOLUTION #: REVENUE ACCOUNT: OTHER GRANT #'s ON THIS PROJECT: PERSONS NEEDING INPUT TO GRANT: James R. David, Suzanne Hitchcock, Beverly Byers, Anna Smith PERSONS NEEDING INQUIRY TO GRANT: James R, David, Suzanne Hitchcock, Beverly Byers, Anna Smith GRANTS ACCOUNTING REQUEST FORM January 25, 1999 Mosquito Control Indian River Lagoon National Estuary Program - Impoundment Restoration VIII South Joh'ns River Water Management Dist VENDOR NUMBER: James R. David VENDOR NUMBER: March 1, 1999 (ENDING DATE): Ju11, 1999 February 9, 1999 (pending) (ACCEPTANCE): GRANT/CONTRACT 10: PREDECESSOR FUND: 145 GRANT PROJECT BUDGET: GRANTING AGENCY (AMOUNT) COUNTY SHARE (AMOUNT) OTHER (AMOUNT) OTHER (AMOUNT) TOTAL PROJECT (AMOUNT) IS THE GRANT BASED ON A PERCENTAGE OR DOLLAR AMOUNT ALLOCATION? $4,815.00 (PERCENTAGE) (PERCENTAGE) (PERCENTAGE) (PERCENTAGE) (PERCENTAGE) 100.00% Deliverable Basis - Dollar Allocation 100.00% ADDITIONAL INFORMATION: The County is matching the grant with SWIM funds totaling $3,581.00 and $572.00 in local funds. Funds are located in 145808 and 145; Program No. is 6404. APPROVAL GRANT MANAGER: DIRECTOR/MANAGER: MGMT & BUDGET: FINANCE DEPARTMENT: FUND #: GRANT #: