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HomeMy WebLinkAboutAgenda Packet 02-23-99 , -. 'y ~ .~ EEBR-UARY 23, 1999 WELCOME BOARD OF COUNTY AGENDA GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prim: to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT-Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. .Þ ~ ~ BOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA February 23, 1999 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held February 16, 1999. 2. PRESENTATION Leisure Services- Coca Cola Bottling Company will present a check for $3500 to the Board for a mural to be placed at the Bob Gladwin Baseball Complex. The Board will present a check for $3500 to the St. Lucie Mural Society to facilitate production. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5. COUNTY ATTORNEY ~'>'" ~ Resolution No. 99-42- Consider staff recommendation to approve the resolution consenting to the transfer of control of the cable television franchise from AT&T to Media One and authorize the Chair to sign the resolution. B. Orene King v. St. Lucie County- Consider staff recommendation to approve the proposed settlement. 6. COMMUNITY DEVELOPMENT Road Impact Fee Credit Agreement- Consider staff recommendation to approve payment of $40,615 to the developer of the EKE/Midway Mobil upon acceptance of the deed for right-of- way. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. '-"" ~ (J e R. (~J!-- TS D rli G- r¿ REGULAR AGENDA FEBRUARY 23,1999 PAGE TWO 7. ADMINISTRATION A. Proposed Ordinance- Commissioner Barnes requests Board discussion on a proposed ordinance to prohibit the use of rectangular or square retention areas where possible and requiring that they be landscaped, hidden from view and regularly maintained. B. Board Discussion- Commissioner Barnes requests Board discussion on the following: - White City Historical District -Increased landscaping on major corridors -Architectural standards for major corridors - Tree groupings on larger lots 8. COUNTY ATTORNEY A. St. Lucie Pinelands- Consider staff recommendation to approve the Option Agreement for the Olson Parcel, authorize the Chairman to execute the Agreement and direct staff to close the transaction in conjunction with the Florida Communities Trust. B. Resolution No. 99-55- Consider staff recommendation to approve the resolution concerning sale of bonds for the Environmentally Significant Lands Program and authorize the Chairman to sign the Resolution. C. Resolution No. 99-54- Consider staff recommendation to approve the resolution concerning the Holiday Pines Utility acquisition and authorize the Chairman to sign the Resolution. D. Resolution No. 99-56 - Consider staff recommendation to approve the resolution concerning the line of credit to provide initial financing for MSBU Projects and authorize the Chairman to sign the Resolution. 9. PUBI,IC WORKS U. S. 1 and Midway Road Tree Cutting- The Public Works Director will update the Board on this matter. Board discussion is requested. 7B - RESSURECT PLAN - CONTACT RESIDENTS STAFF TO ANALYZE PARKING SPACE REQUIREMENT TO SEE IF ITS EXCESSIVE 9 - HEAVY PENALTIES. EXPLORE CONSERVATION EASEMENT. 'IiIw' .... CONSENT AGENDA February 23, 1999 1. W ARRANTS LIST Approve warrants list No. 21. 2. MANAGEMENT AND BUDGET Transfer of funds- Consider staff recommendation to approve the transfer of funds in the amount of $146,645 from reserves for inmate medical to inmate medical expenses. 3. INVESTMENT FOR THE FUTURE Bid No. 99-09- Consider staff recommendation to award the bid for bridge replacement at Orange Avenue and Cow Creek to Sheltra & Son Construction in the amount of $214,731.25. Authorize the Chairman to sign the contract as prepared by the County Attorney. Establish the project budget as outlined. 4. PUBLIC WORKS A. EngineeringlRFP No. 99-20/Professional Surveying Services- Consider staff recommendation to approve the following: 1) Approve selection of Culpepper and Terpening, GCY, Inc. and Lindahl, Browning, Ferrari and Hellstrom as recommended by the Competitive Negotiation Committee. 2) Authorize staff to initiate contracts for continuing services with the three firms. 3) Authorize the continued use of the survey contract management and rotation system as rotation system, with the following revisions: A) The first project will be awarded to Culpepper and Terpening, Inc. B) The second project will be awarded to GCY, Inc. . C) The third project will be awarded to Lindahl, Browning, Ferrari and Hellstrom, Inc. B. Solid Waste- Consider staff request to authorize the Solid Waste Division to publish, in a newspaper of general circulation, the Solid Waste Full Cost Accounting Report for Fiscal Year 1997-1998. 5. COUNTY ATTORNEY A. Lease Agreement- Consider staff recommendation to approve the lease agreement with the South Florida Water Management District for the DuPuis groves in Martin County. B. Resolution No. 99-53- Consider staff recommendation to approve the resolution approving the proposed street name Garden Lane for a private ingress/egress easement. Notify all the property owners and all the necessary entities of the approved street name. C. Resolution No. 99-46- Consider staff recommendation to approve the resolution approving the proposed street name Forgotten Lane for private ingress/egress easement in the St. Lucie Gardens Subdivision. Notify all the property owners of the approved street name and all the necessary entities that affect service to this area. D. Permission to advertise- Consider staff request for permission to advertise a public hearing on Ordinance No. 99-09, amending the Code of Ordinances to include an assessment of two dollars for non-criminal infractions, increasing the filing fees for the Law Library, and increasing all filing fees under Section 2-10-17 to be consistent with increases in Chapter 1-7. ~ ........ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA FEBRUARY 23, 1999 REGULAR AGENDA ADMINISTRTION A.l Treasure Coast Opera Society- Commissioner Paula Lewis requests discussion on the request from the Treasure Coast Opera Society for emergency funding. '-" --- '-1Î :";! BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 16, 1999 Tape: 1-3 Convened: 7:05 p.m. Adjourned: 1 0:30 p.m. Commissioners Present: Chainnan, Paula A. Lewis, John D. Bruhn, CliffBames, Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County A,drn.inistrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney, Ray Wazny, Public Works Director; Julia Shewchuk, Interim Community DevelopmentDirector; Paul Phillips, Airport Director; Jack Doughney, Leisure Services Director; Bil~:Blazak, Utilities Director; Mike Bowers, Road and Bridge Manager; Harvey Lincoln, Management/Budget Manager; Joe Finnegan, PersonnellRisk Manager; Don West, County Engineer; Sheriff Knowles, Undersheriff Williams; Deputy Williams; A. Millie Delgado, Deputy Clerk 1. MINUTES(1-029) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes ofthe meeting held February 9, 1999; and, upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A T~ONS(1-099) . .~ A. Resolution No. 99-51- Proclaiming February 22, 1999 as "George Washington Day" in St. Lucie County. It was moved by Com. Bruhn, seconded by Com. Bames, to approve Resolution No. 99-51; and, upon roll call, motion carried unanimously. Ms. Martha Clements was present to accept the proclamation. B. Resolution No. 99-50- Proclaiming the week of February 21-27, 1999 as "Engineers Week" in St. Lucie County. It was moved by Com. Hutchinson, seconde,dby Com. Coward, to approve Resolution No. 99- 50; and, upon roll call, motion carried unanimously. , . ,',' Mr. Don West, County Engineer, was present'to accept the proclamation. C. Environmental Lands Program- Mr. Bill Leedy updated the Board on the results of the bids for bonds for this program. Mr. Leedy advised the Board that Hanifen, Imhoff Inc. was the winning bidder. -1- ~ ......,; : ~ . : :' â.""'.; 3. GENERAL PUBLIC COMMENTS (1-102) ), " . ;1 .' Mr. David Keown, Lakewood Park resident, requested a copy of the QVC agreement and stated he was in opposition to the tax relief. He alsp stated he was opposed to all county residents paying for the replenishment of the sand~n the beaches and if Hutchinson Island wished to become it's own entity, they should be responsible for the cost. Mr. Fred Polidori, St. Lucie County resident, addressed the Board,on what he understood would be the deepening of the harbor. He stated his opposition to the bridge across the Indian River, the cutting of trees by a contractor and Hutchinson Island becoming incorporated. Mr. Dolores Johnson, Waterfront Council, addressed the Board regarding a movement to re- awaken the Port Development. Ms. Johnson distributed a letter from the Council to Governor Bush stating the Council's concerns. 4. CONSENT AGENDA(l-1019) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. ',. 1. Warrant List The Board approved Warrant List No. 20. 2. MANAGEMENT/BUDGET A. Resolution No. 99-49- The Board approved the budget resolution appropriating the funds received from the State Attorney General for the petroleum price fixing settlement and authorized them to be expended from the Transportation Trust Fund. B. Resolution No. 99-47- The Board approved the budget resolution appropriating $91,250 from the state for development of a Local Mitigation Strategy. 3. INVESTMENT FOR THE FUTURE A. South 25th St. Widening- The Board approved Work Authorization No.2 to the contract for continuing services for construction contract management to American Consulting Engineers, PLC and authorized the Chainnan to execute the contract. B. No. 37th St.- The Board approved Change Order No.1 to the contract with Dickerson Florida, Inc., in the amount of$46,097. 4. LEISURE SERVICES Museum Superintendent- The Board approved one Museum Superintendent to manage the Historical and UDT/Seal Museum, at pay, grade 22. Reclassify an open position to a second Museum Superintendent in the FY 99/2000 b:~dget, at a pay grade 22, as the Environmental Learning Center approaches completion. 5. PUBLIC WORKS A. Engineering- The Board approved Final Change Order No. 1 to the contract with Johnson Davis in the amount of -$350 for culvert replacement at Orange Avenue and NSLRWCD Canal 53 and authorize the Chainnan to sign the Change Order, release of retainage, and make final payment of $21,115. B. Road and Bridge- The Board approved Final Change Order No. 1 to the contract with Dickerson Florida, Inc., for the annual resurfacing contract decreasing the contract J,;. ":'2- , ":"., . :'~~""'ø'rt'')r:"' r '-' -...",I ~ .~ 02/12/99 ' ~r.. r.,. ST. LUCIE COUNTY - BOARD PAGE 1 -- i-.I..:::':. ,0 ','-. FZABTJARR TJARRANT LIST #20- 06-FEB-99 TO 12-FEB-99 ,~ FUND SUMMARY :~ FUND TITLE EXPENSES PAYROLL 001 General Fund 103, 771. 90 0.00 001111 FTA-001-49 USC Sec 5307 96/97 4,013.00 0.00 .,- 001116 Sec 112/MPO/FHTJA/Planning 98/99 269.50 0.00 ;v 001120 Community Services Block Gmt 98/99 16.43 0.00 ~.¡ 001236 TDC Non-Sponsored Trip Grant 98/99 2,506.48 0.00 ..- 001242 98/99 E. M.. P.A. 1,588.75 0.00 001804 SFWM/SLSTJCD ~ell Monitoring Program 12.50 0.00 101 Transportation Trust Fund 43,785.20 0.00 101003 Transportation Trust/Local Option 1,000.00 0.00 101006 Transportation Trust/Impact Fees 100.00 0.00 102 Unincorporated Services Fund 4,862.84 0.00 102001 Drainage Maintenance MSTU 1,204.77 0.00 102103 Urban & Community Forestry 97/98 69.81 0.00 105 Library Special Grants Fund 605.59 0.00 '':ti' 107 Fine & Forfeiture Fund 151,771. 34 0.00 121 Blakely Subdivision Fund 66.03 0.00 140 Port & Airport Fund 1,753.72 0.00 140274 FDOT/ Terminal Expansion 20,161.20 0.00 160 Plan Maintenance RAD Fund 5,768.04 0.00 182 Environmental Land Acquisition Fund 106.76 0.00 183 Ct Administrator-19th Judicial Cir 404.98 0.00 "71 183001 Ct Administrator-Arbitration/Mediat 211.19 0.00 183206 FDJJ-Teen Court 98/99 85.32 0.00 ....- 185203 FHFA-SHIP 98/99 89.55 0.00 ::3 186 Recycling Operating Fund 94.29 0.00 186202 DEP-Recycling & Education 98/99 31.43 0.00 316 County Capital 2,903.32 0.00 401 Sanitary Landfill Fund 39,800.97 0.00 401217 DEP-TJaste Tire 98/99 1,028.25 0.00 418 Golf Course Fund 10,758.41 0.00 441 North Hutchinson Island Utilities 48,402.23 0.00 451 S. Hutchinson Utilities Fund 514.61 0.00 461 Sports Complex Fund 10,677.07 0.00 491 Building Code Fund 1,160.75 0.00 501 Automated Services Fund 27,463.09 0.00 505 Health Insurance Fund 1,595.50 9,197.75 510 Service Garage Fund 15,200.98 0.00 611 Tourist Development Trust-Adv Fund 200.76 0.00 620 Law Enforcemen t Trus t Fund 210,481.87 0.00 625 Law Library 6,985.58 0.00 GRAND TOTAL: 721,524.01 9,197.75 , ~ , -I ::."71 - .-. "" .., ... -3- :. ~ ......, amount by $45,292.50 to a final contract amount of$849,257.90 authorize the Chainnan to sign the Change Order, release of retain age, and make final payment of$86,745.41. C. Bid No. 99-16- The Board approv~Ø)a}yarding the bid for culvert improvements in the Ideal Holding Road MSBU to Johnsi:niDavis, Inc., in the amount of$147,889. And authorized the Chainnan to sign the c'ontract as prepared by the County Attorney and establish the project budget as out~~ned. 6. PERMISSION TO ADVERTISEIRECOMMENDED FOR A NIGHT MEETING Community Development- The Board approved advertising the following public hearings for March 2, 1999. - Father Michael Sajda, for a change in zoning from the RS-3 to the I . - Ordinance No. 99-002- which proposes general amendments to the St. Lucie County Land Development Code (second public hearing). 7. COUNTY ATTORNEY . ~i ,: "'¡ ....~ A. Friends of the Library- The Board granted pennission for the Friends of the Library to serve beer and wine during their March 26, 1999 benefit at the new Fort Pierce Branch Library. B. Walton Scrub- The Board approved the Second Amendment to the Option Agreement for Sale and Purchase. 8. ADMINISTRATION Emergency Medical Services Board- The Board ratified Com. Frannie Hutchinson's appointment of Carol Daniels to this Board. REGULAR AGENDA(I-1125) 5. SHERIFF'S OFFICE- Undersheriff Dennis Williams addressed the Board concerning salaries at the Sheriffs office. Mr. Williams requested 2.9 million dollars in salary adjustments. Sheriff Knowles updated the Board on Depl~ty Roberts condition. Deputy Roberts was involved in an accident last week and is still in critical condition. Sheriff Knowles thanked everyone for their support in donating blood and having the family in their prayers. Undersheriff Williams addressed the Board regarding the loss of experienced deputies to surrounding communities due to an increase in salaries offered. Mr. Williams requested the starting salaries be increased to $27,000 and that a five year veteran be given an increase to place them above a new deputy. He also introduced a 12 step plan in order to achieve this goal. BOARD COMMENTS Com. Barnes stated if a solution is to be found, now was the time to start looking before the millage rate was set. He reminded those present that the county will be getting less and less money from FPL as the plant depreciates and this makes up for 20~ ofthe county's revenues. Also, property values are not increasing and our tax revenues are eIther stable or barely increasing. He however agreed that county employees salaries are a disgrace, not only the deputies, but all county employees. -4- '-" - .- J) ;~~ "'" .. , , '. ., L .~ ':, ;~, . } ,\:~. 1,"::' He suggested Mr. Williams meet w· '. . placed as one of the number 0 ~th ,t~e CItIzens Budget Committee . out there to be found I't W'll h ne pnontIes tpl~ee what can be done Hand have the ISSue be f ,lave to co :fii' ,\.:.... . e stated "Th . o the programs ITom the co ' me. f)Jll programs in the Sheriff' ' e money IS not or program cuts at the Sheri;:S~e~~~~g~th' Ther: will either be program Sc~~d:te:has well as some , 0 combIned or even a possibl e county level Com. Bruhn stated h ' " e property tax increase" . . e concurred with Com B make It a priority to find the mone . ~~s. statements and feels that the B employees, Clerk of Court employY. He stated, It IS not just the Sheriff's office .~éWa1dlneeds to enough" ees, everyone does a good . b ,IS county . JO and they do not get paid Com. Lewis stated there are limitations and some shift. . take C~m: Barnes' comments as a "Can't" mental' Ing wIll be,~one. She stated she did not ~ommlsslon to do something about it however Ity: Sh~ stated, There is a will on the gIven, because these are funds which ~h ' , tomght IS not a night when a commitment can b the 2.9 million may come ITom, e county must look for". Presently she has no idea wheree Mr. Williams requested the Board make a,· 't" h mQ IOn and a second th t' I annony to ask Management and Budget t' ':,' b k ' a sImp y says they agree in part in working with the Citizens Budget co co~et ac to the Board. He stated he would do his omrm tee. It was moved by Com. Bruhn to direct the Management/Bud et M find the money to give increases to the Sh 'ff d g .anager to work on a plan to en s epartment deputIes; and all county employees; ;~~h~~:':~::~~::~~~~:'o~ ;:~t;~~~:~n;h: :~:~~~~~:; .: ::'00 she would like to Co~. Bruhn cl.arified his motion as intended to be, " that staff investigate it and . f . t . possIble to do It and where can we do it" see IllS Com. Hutchinson asked if the motion was to include the Citizens AdvI'SOry Comm'tt d th Sh 'ff d " 1 ee, an e en s epartment working wIth the Board together as a group. Com. Bruhn stated in the affinnative , Com. Hutchinson at this time seconded the motion' , Com. Lewis stated the motion leaves her in doubt as to what she is committing herself to; Mr. Williams advised Com, Lewis that the deputies clearly understand that the Board in not voting to give them a raise tonight, but, they hear a commitment to attempt to find a way to meet the needs. Com. Barnes stated" I hear the motion as being that the Board is definitely going to look for the funds requested (2.9 million) and there is a possibility that the money may not be found". He stated he would like to make sure that when people come back at budget time, there is not a suggestion that a commitment was made to spend the money. He stated, II it first must be found before you can spend it". He stated he supports the motion as he understands it, however, he wishes to make it clear to the media that the, Board's commitment is to look for the money and as he suggested, he would like the Sheriffs office to take an active role in looking at other possible avenues to obtain the funds without raising taxes in the current, proposed and in the Sheriffs budget. He suggested there may some re-prioritizing the Sheriffs department can do within their budget. ~:5- '-' ,....., Com. Barnes d' d a VIse those present that acc d' . ~e~:~~ fund t(i.e. property taxes) $3 million ~;s;~~:::~: ~atisti~s, .the county spends in the bud t men spent $10 million more. He stated "th C omr~lI~slOn did in 1990 and the Sheriff :;;d :'ut7r'::;~"".:~~%~~~Pn~c~::e~r;;:~¡~~:nt ::~~~~th;ec;:~;~~~;,:" th:,,~ an~ tt m~~ the Sheriffs department is doing. He stated m;~ha/;onty..to .take ~resident over some of oge er maybe some progress can be made". ' ommISSIon wIll be doing the same Mr. Williams stated his commitment is to do . I . b~dget to reduce expenses, he will continue t:~~~~~ ~at, If there ~e ways within the Sheriffs pnmary objective is to give the deputies what they are w~:::.s done m the last four years. His Com. Hutchinson requested clarification on the pay Plan i t . .e. ve erans vs. new deputIes. Mr. Williams clarified the 12 step plan and stated the veterans w I stan~ard immediately. In 1994 when the plan was implemented, °a~l~: ~~~~~ ~k~~t~r:er startmg and took care o~ some of the veterans. It was intended in the second year, 95/96 to take care of the veterans. ThIS plan was then scraped because of level funding. C.larification of the motion: It was moved by Com. Bruhn, seconded by Com. Hutchinson, to dI:e~t the Management and Budget Manager to investigate how to fund the salaries ($2.9 mIlhon)requested.~y the Sheriffs departmen~ and report back to the Board, and further, to request that t~e CItIzens Budget Committee review the Sheriff s funding request and provide recommendatIOns to the Board; and, upon rollcall, motion carried unanimously. COMMUNITY DEVELOPMENT (1-308~) .' 6.A Resolution No. 99-08/Petition of Phil Drawdy- For consideration before the Board was staff recommendation to approve the·resolution granting a change in zoning ftom AR-l to CO. Mr. Butch Terpening, Culpepper & Terpening, addressed the Board as the petitioner's representative. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve Resolution No. 99- 08; and, upon roll call, motion carried unanimously. B. Resolution No. 99-07/Petition of Kolter Signature Homes, Inc., - For consideration before the Board was staff recommendati~n, to approve the resolution granting a change in zoning from AR-l to PUD and granting Final Planned Unit Development approval for the project known as the Parcel 33a, at the Reserve. ~. ~ Mr. Harold Melville, representing the petitic~~r, addressed the Board on this issue. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 99-07; and, upon roll call, motion carried unanimously. C. Resolution No. 99-09-1 Petition ofPGA Golf Development, Inc., - For consideration before the Board, was staff recommendation to approve the resolution granting a change in zoning from AR-l to PNRD and granting Final Planned Non-Residential Development approval for the project known as the PGA Learning Center ta PGA Villages. Mr. David Miller, representing the PGA addre$sed the Board on this issue. It was moved by Com. Bruhn, seconded by C()m. Coward, to approve Resolution No. 99-09; and, upon roll call, motion carried unanimously: ':':'6- - '-" - ......, ::. !' :-l' ',,~. ( '.". ¡,·y,.(f' Ordinan N 9 . ¡ \'.:" ce o. 9-02- FIrst of tw ". recommendation to take public c~:::UIrted public h.earings. Consider staff amendment t th S en on the ordmance whi h bI' .s 0 e t. Lucie CountY.kand D I c proposes general pu ~c heanng will be held on March i, 1999 e:te 7~~~ent Code. Announce the second possIble. . p.m. or as soon thereafter as The Land Development Coordinator addressed the v . . anous amendments. For the record he advised the Board that . Hutchinson Island has expired If th d a ~revlOus proposed development activity on North meeting all current developme~t stan~:;e oPh~rhs WIsh to bri~g it back, they are subject to C d" Is w IC would reqUIre them t thr gh on ItlOna Use Process as well as the regular S't PI R . 0 go ou the 1 e an eVIeW process. Com. Coward expressed his concerns with i~em 3 A "per tower site". ' L, . -, page 11 where the added language states D. The Land Development Coordinator addressçd Com. Coward's concerns and stated h Id work on that language to clarify the intent. e wou .'" ~om. Coward also expre~sed his conc~rns ~i¡h non-residential zoned property and lumping dIfferent .l~d u.se categones together, I.e. churches and industrial areas. His suggestion was to make a dIstmctIon between those categories. Com. C.oward. stat~d he was also not comfortable with the language in 7.05.05, page 5 which deals WIt~ resIdentIal access. He stated, "it seems we are taking an awfully big stake at this small proble~ If the Board echos the PI~ing and Zoning Commission comments. He suggested it be revIsed back down and try separatmg the types of residential uses. Com. Barnes concurred with Com. Coward',sGomments and concerns. He understands the issue ofthe mini warehouses and he would like stà:ffto look at our planning maps and find out if this really is a problem in the county other than this one instance. He does not know of any and this seems to be a response to the problem this one developer had on the island. He stated he did not wish to make it easier in any way to do something like this in a residential neighborhood any where in the county. He stated unless staff cnn provide a good reason and show specific areas where they can ever be a good idea, he will '.,rote against an issue like this in the future. Mr. Fred Polidori, St. Lucie County resident, addressed the Tower issue. Mr. Brian Killday, speaking on behalf of the Conservation Alliance, addressed the Board on Conservation Alliance's concerns regarding the inconsistency of this ordinance with the County Comprehensive Plan. Mr. Charles Grande, Hutchinson Island, addressed the Board on the communication towers part of the ordinance and hoped this part of the ordinance would be updated as agreed by the Planning and Zoning Board. Ms. Nancy Spaulding, Ft. Pierce resident, addressed the Board regarding 7.05.05 and 1.06.02. She requested the Board leave 1.06.02 reI1).ain as is and 7.05.05 remove paragraph (b)which makes it possible for anything to happen in her opinion. Mr. John Doran, Director of the North Beach Homeowners Association, addressed the Board regarding 1.06.02 and 7.05.05. and stated their idea of acceptable language was ignored by the Planning department. They are requesting7.05.05 be left as is. Mr. Bill Hearn, InOOo Rd. resident, addressed the Board regarding finding money to fund deputy salaries. He stated strictly enforced codes will protect the citizens investments in the county . -~:~ - '~ , '1'\)' '- ~ . ,.,' ,.:; ~ - : ;..··ir· .l,I,¡) Mr. Heam also advised the Board of s ' "1 ,,<1.1. orne: ~uage he felt should be added t th . Mr. Michael Reardon 213 M' . . 0 e ordmance. , anna Dnve address d th B M ", e e oard on section 1.06.02 and 7.05 05 r. Reardon asked th B d ' , . . e oar to eliminate (b) and (c) from 7.05.05. Ms. Sand S' , " . y unmons, North Beach residentdd . sectIOn 1.06.02 and 7.05.05. ' a ressed the Board in opposition to the changes on Mr. Cal Morrison, Ft. Pierce resident submitted si d . . to the adoption of Ordinance 99-002.' ,"" gne petitIOns to the Board stating opposition Mr. Savarino, St. Lucie County resident, addressed the Board re ardin 1500 ft., for towers. Mr. Savarino stated ther~ would be a loss g g the square footage of of 1500 square ft., they would lose 40 OOOs " :6 f of 1 acr~ of open space. Instead considered as a persons back yard.' quare eet 0 open space, thIS area should not be Com. Bruhn commented on the security funØ section. T~e County Attorney ~uggested taking the ge'neral language out and placing some type of a bond this may be an alternatIve. ' Com. Bruhn stated he would prefer cash rather than a bond. Com. Barnes stated he felt 300 ft. on an adII1iristrative variance is too generous. The County Attorney advised the Board that they do not have provide for administrative variances, this could be deleted in its entirety,and be handled by the Board of Adjustment or the BCC could restrict it further. ' Com. Barnes suggested the changes be advertised as required by law. Com. Coward stated he concurred, however, he would also like staff to investigate how that might natively impact co-locations as well. Com. Barnes requested staff to focus on the roads that are now commercial corridors that are mistakenly through history designated residential streets, i.e. 25th St.,. He does not want to stop a development that is currently on a commercial street because our maps call it a residentially zoned property. He requested being informed if there is a problem with some of our streets that are incorrectly zoned residential. Direction was given to proceed to the second public hearing scheduled for March 2, 1999 at 7:00 p.m. or as soon thereafter as possible to include Board direction as given. . ¡ , 7. ADMINISTRATION (2-2675) The County Administrator clarified a news article regarding his statement on the following issue. South Hutchinson Island Incorporation- Consider staff recommendation to comment to the Treasure Coast Regional Planning Council that the County supports the right of property owners to seek the formation of a new muriic~pality, provided that complete fiscal impacts for both the County and new city are identified. -ß- '-' -- "w1I Com. Barn . es stated he agrees that h . they wIsh to seek the formati t e people In this area have a ri . expenses to run such a city hO~ o~ a new municipality, however ~ht to d~cIde for themselves if things government must d; w~i e: tS they Cannot run a city on what ;:;e::~wing the report on the there will be some add'f c hey are not aWare of and h . s ed. There are many 1 IOns to the expenses predicted. e IS confident at some point that Co~. Hutchinson stated she has not heard . possIble misconception of her sa' h any of the cost factors and has many c ymg s e supports their incorporation. oncems as to the Com. Coward concurred with Com. Hutchinson's co brought forth by Com. Barnes that need to b . nund ents, and felt there are some issues e reVIewe . It was moved by Com. Barnes, seconded by Com Co and, upon roll call, motion carried unanimously.' ward to approve staffreconunendation; 8. LEISURE SERVICES (2-3065) ~ 11 . Children's Environmental Museum- Consider staffreconunendation to approve the 10 oWIng: - ~uthorize the. use 0.£ $305.'000 from Park Impact Fees and allocate these funds toward constructIOn of the ChIldren s EnvIronmental Learning Center. - Award Bi~ No. 98-76 for t~e construction of the Children's Environmental Learning Center to the low bIdder, Paul Jacqum & Sons, Inc., in an amount not to exceed $644,598, unless otherwise approved by the Board. The County Attorney addressed language regarding donations and credits. It was moved by Com. Coward, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. 9. COUNTY ATTORNEY (3-404) QVC St. Lucie, Inc.,- Consider staff recommendation to approve the grant agreement as amended and authorize the Chairman to sign the agreement. The County Attorney addressed the clarification to be added to paragraph 18 on the agreement as well as the "Whereas" paragraph added to the agreement. It was moved by Com. Bruhn, seconded by Com. Hutchinson to approve the grant agreement as amended to reflect the suggested change by Com. Hutchinson and the change to paragraph 18; and, upon roll call, motion carried unanimously. ADDITIONS A-I-CONSENT AGENDA Met's Stadium- Consider staff recommendation to approve the 1999 concession and novelty price schedule for items sold at the stadium. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve staff recommendation; and upon roll call, motion carried unanimously. -9- '-'" ...., There being no further business to be brought before the Board, the meeting was adjourned at 10:30 p.m. Chairman Clerk of Circuit Court AGENDA REQUEST ....., ITEM NO. 2 ...., DATE: REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] PRESENTATION [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jack Doughney Director of Leisure Services SUBMITTED BY(DEPT): Leisure Services SUBJECT: Presentation #1: Florida Coca-Cola Bottling Company is presenting the Board of County Commissioners with a check in the amount of $3,500 as a Mural Sponsorship. The mural is to be placed at the Bob Gladwin Baseball Complex Field #1. Presentation #2: The Board of County Commissioners is presenting to the St. Lucie Mural Society a check in the amount of $3,500 to facilitate the production of the mural. BACKGROUND: N/A. FUNDS AVAIL.: Accounts: To: From: 104-7240-366900-700 104-7240-582000-700 PREVIOUS ACTION: N/A RECOMMENDATION: N/A COMMISSION ACTION: [ ] APPROVED [] DENIED [V{OTHER: p~ CONCURRENCE: .~$# Doug Anderson 'f- County Administrator Coordination/Sianatures Co""tyA_~ Originating Dept Finance: (Check for Copy only, if Applicable) Mgt. & Budget Purchasing Mgr.: Other: Other: Eft. 1/97 H,\WP\AGENDA99\~.WPD '-" AGENDA REQUEST ''''-' ITEM NO. __'5 ~ DATE: February Jð 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED 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 MediaOne Acquisitions of Northern Illinois, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve revised Resolution No. 99-42 and authorize the Chairman to sign the resolution. [ 1 APPROVED [] DENIED [v1 OTHER: CONTINUE TO MARCH 9, 1999 CONCURRENCE: .f4~I4' Douglas Anderson t County Administrator COMMISSION ACTION: Review and Accrovals County Attorney: ~ Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' .""" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA '5fr TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-97 DATE: January 26, 1999 SUBJECT: Application for Consent to Transfer of Control of Cable Television Franchise from Tele-Communications, Inc. (TCI) to MediaOne Acquisitions of Northern Illinois, Inc. BACKGROUND: Tele-Communications, Inc. (TCI) has applied to the County for consent to transfer of control of its cable television franchise to MediaOne Acquisitions of Northern Illinois, Inc. (MediaOne). 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 MediaOne. A copy of the draft resolution is attached. Notice of the February 9, 1999 public hearing was published in the Tribune on January 28, 1999. RECOMMENDATION ¡CONCLUSION: Staff recommends that the Board approve revised Resolution No. 99-42 and authorize the Chairman to sign the Resolution. DSM/ caf Attachments Federal Communications Commission '-'" Washington, DC 20554 ,..." Approved By OMB 3060-0573 FCC 394 -= ,,~~:} 1t APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE FOR FRANCHISE AUTHORITY USE ONLY SECTION I. GENERAL INFORMATION DATE 9-Nov-98 1. Community Unit Identification Number: FL0229 FL0299 FL1177 FL 1178 2. Application for: ~ Assignment of Franchise D Transfer of Control 3. Franchising Authority: St. Lucie County, Florida 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: St. Lucie County, Florida 5. Date system was acquired or (for system's constructed by the transferor/assignor) the date on which service was provided to the first subscriber in the franchise area: N/A 6. Proposed effective date of closing of the transaction assigning or transferring ownership of the system to transferee/assignee: First Half of 1999 7. Attach as an Exhibit a schedule of any and all additional information or material filed with this application that is identified in the franchise 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. F PART I - TRANSFEROR/ASSIGNOR 1. Indicate the name, mailing address, and telephone number of the transferor/assignor. Legal name of Transferor/Assignor (if individual, list last name first) TCI of Northern New Jersey. Inc. Assumed name used for doing business (if any) N/A Mailing street address or P.O. Box 5619 DTC Parkway City I State ZIP Code II Telephone No. (include area code) Englewood CO 80111 (303) 267-5500 2.(a) Attach as an Exhibit a copy of the contract or agreement that provides for the assignment or transfer of control (including any exhibits or schedules thereto necessary in order to understand the terms thereof). If there is only an oral agreement, reduce the terms to writing and attach. (Confidential trade, business, pricing or marketing information, or other information not otherwise publicly available, may be redacted). Exhibit No. A (b) Does the contract submitted in response to (a) above embody the full and complete agreement [K] Yes D No between the transferor/assignor and the transferee/assignee? Exhibit A contains the complete agreement, except for confidential, trade, business, pricing If No, explain in an Exhibit. or marketing information or other information not otherwise publicly available, that has Exhibit No. been redacted in acc,?rdance with Item 2(a). N/A FCC 394 (Page 1) September 1996 ~ '-" PART II - TRANSFEREE/ASSIGNEE OJ ;.'~":' f~:~ 1.(a) Indicate the name, mailing address, and telephone number of the transferee/assignee. Legal name of Transferee/Assignee (if individual, list last name first) MediaOne Acquisitions of Northern Illinois, Inc. Assumed name used for doing business (if any) NIA Mailing street address or P.O. Box P.O. Box 4958 City I, State ZIP Code I, Telephone No. (include area code) Englewood CO 80155-4958 (303) 858-3502 (b) Indicate the name, mailing address, and telephone number of person to contact, if other than transferee/assignee Name of contact person (list last name first) Kreucher, Jon Firm or company name (if any) MediaOne Mailing street address or P.O. Box 141 N.W. 16th Street City I. State ZIP Code II Telephone No. (include area code) Pompano Beach FL 33060 (954) 532-6200 (c) Attach as an Exhibit the name, mailing address, and telephone number of each additional person who should be contacted, if any. Exhibit No. NIA (d) Indicate the address where the system's records will be maintained. Street address 940 12th Street City Vero Beach I State FL ¡ZIP Code 132961 2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and operations of the system as a consequence of the transaction for which approval is sought. Exhibit No. B FCC 394 (Page 2) September 1996 '-'" .""""" SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS :::~~t 't 1. Transferee/Assignee is: o Corporation a. Jurisdiction of incorporation: d. Name and address of registered agent in ILLINOIS jurisdiction: b. Date of incorporation: CT CORPORATION SYSTEM 03/09/95 1200 SOUTH PINE ISLAND ROAD c. For profit or not-for-profit: PLANTATION, FL 33324 FOR PROFIT o limited Partnership a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: o General Partnership a. Jurisdiction whose laws govern formation: b. Date of formation: o Individual o Other. Describe in an Exhibit. Exhibit No. N/A 2. list the transferee/assignee, 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, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (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 person 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) Relationship to the transferee/assignee (e.g., officer, director, etc.). (d) Number of shares or nature of partnersihp interest. (e) Number of votes. (f ) Percentage of votes. (a) MediaOne Acquisitions of North em See attached page for list of officers and directors MediaOne of Delaware, Inc. Illinois, Inc. Telecommunications and corresponding information requested in (b) Telecommunications P.O. Box 4958 through (f). 188 Inverness Drive West Englewood, CO 80155-4958 Englewood, CO 80112 (b) Illinois Delaware (c) Transferee - - Parem-œmpany (d) N/A 100 Shares (e) N/A 100 Votes (f) N/A 100.00% FCC 394 (Page 3) September 1996 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 franchises) to provide video programming services; mass media related antitrust or unfair competition; fraudulent statements to another govemment 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. Are there any documents, instruments, 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 DYes [8] No transferee/assignee, as security for loans or contractual performance, provide that: (a) voting rights will remain with the applicant, even in the event of default on the obligation; (b) in the event of default, there will be either a private or public sale of the stock; and (c) prior to the exercise of any ownership rights by a purchaser at a sale described in (b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? ~'~:'... .,~ ~ '::' ...: ':.;,. :!...... .. ,~~.;: '-' "wi 3. If the applicant is a corporation or a limited partnership, is the transferee/assignee formed under the laws of, or duly qualified to transact business in, the State or other jurisdiction in which the system operates? OJ If the answer is No, explain in an Exhibit. 4. Has the transferee/assignee had any interest in or in connection with an applicant which has been dismissed or denied by any franchise authority? If the answer is Yes, describe circumstances in an Exhibit. 5. 6. If No, attach as an Exhibit a full explanation. SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS 1. The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from committed resources to consummate the transaction and operate the facilities for three months. Attach as an Exhibit the most recent financial statements, prepared in accordance with generally accepted accounting principals, including a balance sheet and income statement for at least one full year, for the transferee/assignee or parent entity that has 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 local law. 2. SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications, experience and expertise regarding cable television systems, including, but not limited to, summary information 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 formerly owned or operated. FCC 394 (Page 4) [8] Yes D No Exhibit No. N/A DYes [8] No Exhibit No. N/A DYes [8] No Exhibit No. N/A DYes 0 No Exhibit No. C ŒJ Yes D No Exhibit No. o Exhibit No. E September 1996 SECTION V - CERTIFICATIONS '--' 'wi' Part I - Transferor/Assignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a ;~~f;~~~erial part hereof añd are incorporated herein as if set out in full in the application. Signature TCI OF NORTHERN NEW JERSEY, INC. 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 ~ WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, TITLE 18, SECTION 1001. Print full name William R. Fitzgerald Check appropriate classification: D Individual D General Partner 1:81 COlj>orate Officer D Oth E I· (Indicate Title) er, xp am: Vice President Part II - Transferee/ Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. The transferee/assignee certifies that he/she: ,~, Has a current copy of the FCCs Rules governing cable television systems. \ IJ) Has a current copy of the fi'anchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. (c) WiII use its best efforts to comply with the tenns of the fhmchise 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, complete and correct to the best of my knowledge and belief and are made in good faith. Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE ANDIOR IMPRISONMENT. U.S. CODE, TITLE 18. SECTION 1001. Print full name Check appropriate classification: D D D Individual D General Partner Corporate Officer Other, Explain: - (Indicate Title) FCC 394 (Page 5) September 1996 ~ " ....." SECTION V - CERTIFICATIONS Part J - Transferor/Assignor 1t ..'-::.', 4: ::., :~~ ".'.~;~!P All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material 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 WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. Check appropriate classification: 0 Individual 0 General Partner o Corporate Officer (Indicate Title) 0 Other. Explain: Part II - Transferee/Assignee All the statements made in the application and attached Exhibits are considered material representations, and all the Exhibits are a material 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 system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature MediaOne Acquisitions of Northern Illinois, Inc. O/~ 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 WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE November 9, 1998 PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S. CODE, Print full name TITLE 18, SECTION 1001. -'louglas D. Holmes Check appropriate classification: D Individual D General Partner o Corporate Officer (Indicate Title) D Other. Explain: Executive Vice President FCC 394 (Page 5) September 1996 ~ ..""" ADDENDUM TO PAGE 3 OF FORM 394 (::,~?;; . 't (a) The names of the officers and directors of MediaOne Acquisitions of Northern Illinois, Inc. Officers Name Office Janice C. Peters Emmett F. White Robert P. Kikes President Senior Vice President Senior Vice President, Chief Financial Officer, Treasurer & Senior Vice President - Finance Executive Vice President Executive Vice President - Finance & Strategy Vice President Vice President - Operations Vice President - Telecommunications & Development Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Ronald H. Cooper Douglas D. Holmes Frank M. Eichler Steve Reimer Alan F. J astczemski Sharon A. O'Leary Nancy B. Andersson Stephen E. Britz Sean C. Lindsay Jeffery Scheuerman Karin M. Writer Directors Name Janice C. Peters The address of each of the above officers and directors is: 5613 DTC Parkway, Suite 700, Englewood, CO 80111 (b) All officers and directors of MediaOne Acquisitions of Northern Illinois, Inc. are U. S. citizens. . (c) See (a) (d) N/ A (e) N/A (f) N/A -::::::':'.. , ..~.;. -.;:-"-~":: ~ 1t . u ~ ~ f'\ ~ 0 d c.j c.j ..E 0- ..E c: <f!. -c:J ~- :::J ª ~ <f!. ca e ..2 8 3: 0 ca C!) U ..... Qj Q,) - c c:: 0 - 0) 0 Q,) 0 .~ c:: Q,) -c:J 0 c:: ~ Q,) .~ 0 ::::¡¡: -c:J o~ Q,) -c:J ~ Q,) 0 ::E ~ c.j ..E .~ c::- ca ~ .2> :"5 ::::¡¡: 0) - 0 Q,) ~ c:: 0 o~ -c:J Q,) ::::¡¡: (I) c:: 02 ro <..> 02 :::J E E o <..> ~ ~ Q,) c:: o ~ Q,) ::::¡¡: c.j ..E - o Q,) c:: o ~ Q,) ::::¡¡: - 'ë ã:) c c:: .-ê ë5 CI.. e Qj ::::¡¡: - o ~ c.j .2 ..E :;;; .. r.n- '5 0 ff·S <C= Q,) E c:: Q,) o -= ca"t:: '- 0 ~:z ~ - o Q,) c:: o .~ -c::I Q,) ::::¡¡: c.j ..E (1)- ë5 .c:: - o Q,) c:: o ca :0 Q,) :::E c.j ..E (1)- 00 oC:: c:: '-- Q,) -= "t:: o :z e- o U ~ o o ....." (I) (I) ~ 0 ~g u.J - Q,) . (1)- c:: 0 o oC:: ~- Q,) 0 ::E .fIIIII">' y. ~ AGENDA REQUEST ....., ITEM NO. a DATE: February 23, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Orene King v. St. Lucie County - Settlement Offer BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Based on the facts outlined above and in view of Mr. Hayskar's recommendation, staff recommends that the Board approve the proposed settlement. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~ ~i'r>- Douglas Anderson County Adminis-t£ator County Attorney: Mr Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 ¡ '-" ....,; c;~ or INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 99-103 DATE: January 28, 1999 SUBJECT: Orene King v. St. Lucie County - Settlement Offer BACKGROUND: On February 6, 1997, a County employee was operating a County dump truck in a southerly direction on Oleander Boulevard just a short distance south from Edwards Road. Unfortunately, the «dump bed" portion of the truck began to raise up without the County employee realizing it. A portion of the raised «dump bed" then made contact with overhanging high power lines causing line breakage and a series of pops and sparks in the surrounding vicinity . The Plaintiff, Orene King, was in the parking lot behind her place of work at 3211 Oleander Boulevard when she heard the noise, saw the sparks, saw bolts of electricity arcing to the ground, and became frightened and panic stricken. Ms. King started to run toward the back of the lot. She tripped twice along the way landing on her left knee each time. She was eventually able to scale a fence on the back side of the lot to reach a point of safety. The fact that the "dump bed" came up without the knowledge of the County employee as she was driving down the road and hit the high power lines to initiate the incident is probably enough by itself to constitute negligence against the County. In addition, however, there are memos in the file which seriously question whether the employee had been properly trained to drive a dump truck and there is also reference to this problem occurring in the past with the same truck. Hence, in addition to the concept of negligent operation of the vehicle, there are issues having to do with knowledge of a defective truck and insufficient training of the driver. Orene King's primary injury complaint stemming from this incident involves her left knee. She has had two knee surgeries performed by Dr. John Davidson and Dr. Frank Murphy. Neither has resolved her problem. She currently uses a cane and is extremely limited from an ambulation standpoint. She has been told that she will require a total knee replacement within the next two years. - ¡ '-' ....., 11 Total medical specials to date are $21,441.43. If Ms. King does wind up with a total knee replacement, that will cost an additional $35,000 - $40,000. Ms. King was employed by Stray Co at the time of her accident. She was a maintenance person. Her job duties included cleaning, janitorial tasks, plumbing, mowing, etc. As of February 6, 1997, she was earning $15,000.00 per year. Ms. King has not worked since her accident. It is doubtful she will ever return to work. If she does, it isn't likely that she will be able to do her oldjob duties at Stray Co and will be relegated to light duty. Because Ms. King was on the job at the time of our accident, she is entitled to workers' compensation (W/ C) benefits. Her medical bills have been paid, but the W/ C carrier has a lien for these bills against anything Ms. King receives as a result of her personal injury case against the County. The W/C carrier is apparently satisfied that Ms. King isn't going to be able to return to work because she has been accepted as PT disabled. Compensation benefits paid to date for disability under W/ Care $16,750.11 _ there is also a W/C lien on those payments. Ms. King's attorney made an initial settlement demand of two hundred fifty thousand and 0/100 ($250,000.00) dollars and has stated an intention to pursue a Claims Bill if he is successful in obtaining a jury verdict for Ms. King in excess of $100,000.00. The Plaintiff ultimately agreed to a settlement of ninety thousand and 0/100 ($90,000.00) dollars subject to TRICD and Board of County Commissioner approval. TRICD has previously approved the settlement offer. Stephen Hayskar, Esquire, the attorney representing TRICD and the County has indicated that since liability is clear and given the extent of Ms. King's injuries, he does not believe that a jury would award a verdict of less than one hundred thousand and 0/100 ($100,000.00) dollars. His expectation is that ajury would award a verdict in the range of one hundred fifty and 0/100 ($150,000.00) to one hundred seventy-five thousand and 0/100 ($175,000.00) dollars. (Copy of January 6, 1999 letter attached.) Under the terms of the TRICD by-laws, if the Board determines to reject the settlement, TRICD would not pay an award above the rejected amount. RECOMMENDATION/CONCLUSION: Based on the facts outlined above and in view of Mr. Hayskar's recommendation, staff recommends that the Board approve the propo d settlement. DSM/ caf Attachment - '-" ...., BRENNAN, HAYSKAR, JEFFERSON, WALKER & SCHWERER, P.A. "'TTORNEYS ...T I.....w JOHN T. BRE~N"'N TH"'D H. C...RI..TON (1906-1965) G...RRISON M. DUND"'S STEPHEN G. H"'YSK"'R BR"'DFDRD 1... JEFFERSON STEVEN R. McC""N ROBERTV. SCHWERER J"'MES T. W...I..KER 515-519 SOUTH INDI...N RIVER DRIVE FORT PIERCE, FI..ORID... 34950 POST OFFICE BOX 3779 FORT PIERCE, FI..ORID... 34948-3779 TEI..EPHONE (56 ) 46/-2310 FAX (561) 468-6580 January 6, 1999 Katherine MacKenzie-Smith Asst. County Attorney St. Lucie County 2300 Virginia Avenue Administration Annex - 3rd Floor Fort Pierce, FL 34982 Re: Orene King vs. SLC Dear Katherine: Per your recent request, I am taking this opportunity to submit a settlement recommendation report on Orene King's personal injury lawsuit against SLC. I am also providing a copy of this letter to Dale Holland in the event he would like to present it at the next TRICO Board meeting. ANALYSIS OF LIABILITY ISSUE: In my view this is a case of clear liability including a couple of aggravated/embarrassing features which won't sit well with a jury. On 2/6/97, Mary Mueller was operating a county dump truck in a southerly direction on Oleander Boulevard just a short distance south from Edwards Road. Unfortunately, as Mary was traveling along the road, the "dump bed" portion of the truck began to raise up without Mary realizing it. )\i" ~ , . (-, .1.,) lé: SV ól NbT' /Só. ",1 Œ ® œ n W Œ · t ~. ----. ~.T_.~."~"""" :- I . <: 13ft 8 ¡'J Ie'::, . ..-1111n c-· I:·' _>3~=I -- _._~-...-.......,. P'lIY ,', ..', "'- v~·: r,i:~~;, .---... '-" "" January 6, 1999 "; Page two A portion of the raised "dump bed" then made contact with overhanging high power lines causing line breakage and series of pops and sparks in the surrounding vicinity similar to a fireworks display on the 4th of July. Plaintiff, Orene King, age 56, was in the parking lot behind her place of work at 3211 Oleander Boulevard when she heard the noise, saw the sparks, saw bolts of electricity arcing to the ground, and became frightened and panic stricken. Orene started to run toward the back of the lot. She tripped twice along the way landing on her left knee each time. She was eventually able to scale a fence on the back side of the lot to reach a point of safety. There were several surrounding businesses which were adversely effected by this electrical display and outage. It is my understanding property damage claims presented by these businesses have been previously honored and paid. The fact that the "dump bed" came up without the knowledge of Mary Mueller as she was driving down the road and hit the high power lines to initiate the incident is probably enough by itself to constitute negligence against the county. In addition, however, we have memos in the file which seriously question whether .. Mary Mueller had been properly trained to drive a dump truck and there is also reference to this problem occurring in the past with the same truck. Hence, in addition to the concept of negligent operation of the vehicle, we are also confronted with issues having to do with knowledge of a defective truck and insufficient training of the driver. One can argue that perhaps Orene King panicked and over-reacted to the situation, and should have been more careful when she was running, but I think that's going to be hard to sell given my understanding of the magnitude of the sparks and arcing. BRENNAN, HAYSKAR, JEFFERSON, WALKER & SCHWERER, P.A. PROFESSIONAL ASSOCIATION '-' ....., January 6, 1999 ;;, Page three In summary, I don't see any light at the end of the tunnel on the liability issue. ANALYSIS OF DAMAGES: Orene King's primary injury complaint stemming from this incident involves her left knee. She has had two knee surgeries performed by Dr. John Davidson and Dr. Frank Murphy. Neither has resolved her problem. She currently uses a cane and is extremely limited from an ambulation standpoint. She has been told that she will require a total knee replacement within the next two years. Total medical specials to date are $21,441.43. If Orene King does wind up with a total knee replacement that will cost an additional $35,000 - $40,000. Orene was employed by StrayCo at the time of her accident. That had been so for 20 years. Orene was a maintenance person. Her job duties included cleaning, janitorial tasks, plumbing, mowing, etc. As of 2/5/97 Orene was earning $15,000.00 per year. Orene hasn't worked since her accident. It is doubtful she will ever return to work. If she does, it isn't likely that she will be able to do her old job duties at StrayCo and will be relegated to the light duty market. Because Orene was on the job at the time of our accident, she is entitled to w/c benefits. Her medical bills have been paid, but the w/c carrier has a lien for these bills against anything Orene receives as a result of her personal injury case against SLC. The w/c carrier is apparently satisfied that Orene isn't going to be able to return to work because she has been accepted as PT disabled. Compensation benefits paid to date for disability under w/c are $16,750 11 - there is also a w/c lien on those payments. SETTLEMENT DEMAND: Officially, attorney David Walker has made a $250,000 settlement demand and has stated an intention to pursue a Claims Bill if he is sucessful in obtaining BRENNAN, HAYSKAR, JEFFERSON, WALKER & SCHWERER, P.A. PROF'ESSIONAL ASSOCIATION '-' ....,,¡ January 6, 1999 ;¡" Page four a jury verdict for Orene King in excess of $100,000. Unofficially, Walker has indicated that he and his client are prepared to settle this case for the $100,000 statutory cap. SETTLEMENT RECOMMENDATION: I don't think we have anything more than a remote possibility to hold a jury verdict to less than $100,000. Liability is clear. Plaintiff has a badly damaged knee. She never had any knee trouble before our accident. She is barely able to walk now. She will be able to ambulate better when and if she has a total knee replacement, but that will increase her medical specials. It is doubtful in my mind that Orene will ever return to work. Taking into consideration the cost of past and future medical expense, past and future lost income, and the significant nature of Orene King's knee injury, it would take an extremely conservative jury to return less than a six figure verdict. My expectation on an average day would be a verdict in the neighborhood of $150,000 to $175,000. If we proceed to trial and then are forced to subsequently defend a Petition for a Claims Bill, I would anticipate additional legal expenses and costs would surely exceed $10,000.00 and might approach $20,000.00. My recommendation would be to secure settlement authorization in the amount of $90,000.00 to $95,000.00 and try to settle the claim in that range at mediation. I don't know for a fact that David Walker will negotiate downward from the $100,000 statutory cap, but common sense suggests that he would probably be willing to accept some modest discount off $100,000 if the matter could be resolved and brought to conclusion at mediation. BRENNAN, HAYSKAR, JEFFERSON, WALKER & SCHWERER, P.A. PROFESSIONAL ASSOCIATION - .,-, '-' January 6, 1999 ;¡ Page five We don't yet have a mediation date, but per Judge Kenney's Pre-Trial Order this matter has been scheduled for trial on a docket beginning on 2/22/99, and we will be required to appear at mediation at least 10 days earlier than that. As such, time is of the essence in reaching a decision as to whether this is a case to settle or try. If the latter, we need to get started right away in completing our discovery and defense preparation for trial. In closing, I just don't think we have enough ammunition to hold out any reasonable hope for a jury verdict less than $100,000. If that analysis is correct I would suggest that we focus our attention on promptly obtaining settlement authorization designed to enable us to resolve this matter in the neighborhood of $90,000 to $95,000. Yours truly, .L S SGH/leh cc: Dale Holland P.S. Attached is Dr. Frank Murphy's latest office notesdated 10/14/98 and 11/3/98. BRENNAN, HAYSKAR, JEFFERSON, WALKER & SCHWERER, P.A. PROFESSIONAL ASSOCIATION p.a9 728 gast Ocean Boulevard StUé~t, Florida 3..994 ~. .1.<..( " K D.. MU R p HY ~.....,rvt .. D .. '-' Orthopedic Surgeon Diplomate AmerIcan Board of Orthopedic Surgery KING.. ORENE Novemb~r 3, 1998 Chart No.: 425-27 Phone (561) 283-6333 Phone (561) B79-]O'~ fax (561) 283-3629 FOLLOWUP EVALUATION SUBJECTIV-E : The patIent is a 56-year-old woman who returns for followup status post left knee surgery. She underwent repeat sUt"gery for a fragment of the lateral meniscus that was implngine. Postoper"aLively, the patient origInally did fal.rly well. Then. she developed patellofemoral Joint pain and discomfort that is incapacltéHing, necessi lating her t.o walk with a limp and to use a cane for ambulation. Therefore, she is no longer able to return to her prior occupation, whic}l is in ma inlenaIlce. She requires a sedentary job wi th th~ opportunity to gel: up and down as needed. The patient is wearing a brace at this time, which appears to help. PHYSICAL EXAMINATION: On physical examination today, she has atrophy of her quad. There is mild synovitis present. There is adeqmlte stability of her knee. COMMENTS AND RECOMMENDATIONS: She is taking Vicodin ES t.i.d. and Arthrotec t.i.d., though she stat(=!5 the Arthro'tec is no[. helping. She continues t.o use the brace. It was explained to the patient that we do not have s good answer for her problem. When she reaches approximately the age of 60, she could then cons ider tota 1 knee rep lacement versus a pa te llee tomy or a pateJhH' button; however, at the ag~ of 56, she should continue conservative treal.ment if posslble. As she does h,;\ve involvement of her tlbiofcmoral joint wi th excision of t.he meniscI, ! would feel that her best choice would he t.ot-Î,Ü jOint replacement after about th~ age of 60. We will follow her progress. Frank D. Murphy, M.D. Lu. .. ~ - P.04 1-='f~AWK D _ MURPHY ~ ~ _ D - Orthopedic Surgeon O'iplomutc American Board of Orthopedic Sur'gery '\ 720 East Occ~n Doulevard Stu~rt, Florida 34994 Phor.e (561) 283-6333 Phon~ (561) 879-7044 fax (561) 283~3629 Orenð Kina Datc: Oçtoòer 14th 1998 chart number 42527 diagnoses; poø~ surgery left knee PoUow-up visit: BP 130 over 78 pulse 68 and regular, patient is 56 yeatS otage.left kn~ stilt sensitive on attempting to walt and patient is unable to perConn Ç\J$ton1luy duties at wort wbiçh arc maintefW1ce. Presently patient hi:rea someone else to do the manuaJ work while patient 5upeMses. 1 would [eçonuncnd patient continUtS in that çepacity.. Patient remains on the arthtotec 7$ mg twice 8 day. ~ussìon: the patient ba& recently been turned down by 6Oti~ security disabiJity and to feet that is n~ to have the patient understand she is capable orwork in the sedenbuy and light duty situation. I feel p&tient has reaclied maximum medical Ì1\'Iprovcment on 101498 and that she has suffered the partial pennanent disability. Flink D. Mwphy M.D. -. 'W" ...., AGENDA REQUEST ITEM NO. 6' DATE: February 23, 1999 CONSENT REGULAR X] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Consider conceptual approval of a Road Impact Fee Credit Agreement with EKE Midway Mobil. ~E~T:_~ BZÄY~ ~:~_ ommunity Dev. Director SUBMITTED BY: Community Development BACKGROUND: On September 17, 1998, this office approved Administrative Site Plan Order CD-98-020 for the EKE/Midway Mobil site plan. This project is a convenience store located at the intersection of West Midway and Selvitz Roads, southwest ofFt. Pierce. As part of the Administrative Approval Order for this project, the developer is required to convey a portion of this property for the future right-of-way needs for both Selvitz and West Midway Roads. The amount of right-of-way to be conveyed is in excess of the proportionate traffic impacts expected to be generated by this development project. The conveyance of this right of-way is not considered to be a "site- related" improvement or requirement. Accordingly, the conveyance of this right-of-way is considered to be eligible for possible Road Impact Fee Credits. Section 1-17-33.l(c)(6) of the County's Code and Compiled Laws provides that eligible Road Right-of-Way dedications may be granted a Road Impact Fee Credit for up to 120% of the tax appraised value of that land. Using the formulas set out in this section, the following table summarizes the calculated values for this property dedication was $6,541. Section 1-1-17-36 ofthe County's Code and Compiled Laws provides that a property owner who feels that the Property Appraisers default valuations are not reflective of the actual market value of the property being dedicated, may submit an Independent Property Appraisal for the purpose of establishing the fair market value of the property required to be conveyed. The developers of this project have submitted such an appraisal. This Independent Property Appraisal has established a value of $2. 751 square foot for the property to be dedicated. Using the $2.75/square foot value, the table below outlines the total due for this dedication is $40,615. Section 1-17-37 of the County's Code and Complied Laws, requires that when an Independent Property Appraisal is submitted that provides an appraised value in excess of 120% of the tax appraised value for the property in question, an Independent Review Appraisal must be conducted. Such a review appraisal has been completed, and the results of that review validate the values submitted by the property owner. This review appraisal was coordinated through the Property Acquisition office The proposed dedication is for property that is needed for the future improvements to West Midway Road and the approaches to this roadway from Selvitz Road. Noting this need, staff recommends that the Board proceed with the later option outlined above and authorize the acquisition of the entire right-of-way parcel. The funding for this acquisition would come from the County's Road Impact Fee Accounts. FUNDS A V AILABLE: Funds are available in Account Number 101006-4116-563007-4168 PREVIOUS ACTION: NIA RECOMMENDATION: Since the developer has already paid his required Roads Impact Fee, staff recommends that the Board approve paying $21,027 to the developer of the EKE/Midway Mobil project upon the County's acceptance of the deed for this right-of-way. Staff also recommends that the Board authorize the refunding of the previously paid -. ""'" -.",.¡ February 23,1999 Page 2 Subject: EKE/Midway Mobil Roads Impact Fee .Credits Road Impact Fees for this project in the amount of$19,588 to the developer upon the County's acceptance of the deed for this right-of-way. The total amount to be paid/refunded to the developer is $40,615. In addition, to the above, staff recommends that the Board authorize the use of the existing Road Impact Fee accounts to cover the title insurance and other fmal closing costs associated with the conveyance of this property. These costs are not expected to exceed $1,500. COMMISSION ACTION: ~ APPROVED [] DENIED CONCURRENCE: [ ] OTHER: County Attorney: (f4' Purchasing: Mgt & Budget: Originating Dept: Other: Other: Finance: (copies only) : (AGEND412) - ~ . ....,; l¡ COMMISSION REVIEW: February 23, 1999 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Julia Shewchuk, Community Development Director DATE: February 8, 1999 SUBJECT: Consider conceptual approval of a Road Impact Fee Credit Agreement with EKE Midway Mobil. On September 17, 1998, this office approved Administrative Site Plan Order CD-98-020 for the EKE/Midway Mobil site plan. This project is a convenience store located at the intersection of West Midway and Selvitz Roads, southwest of Ft. Pierce. As part of the Administrative Approval Order for this project, the developer is required to convey a portion of this property for the future right-of-way needs for both Selvitz and West Midway Roads. This amount of right-of-way to be conveyed is in excess of the proportionate traffic impacts expected to be generated by this development project. The conveyance of this right of-way is not considered to be a "site-related" improvement or requirement. Accordingly, the conveyance of this right-of-way is considered to be eligible for possible Road Impact Fee Credits. Section 1-17-33.1 (c)(6) of the County's Code and Compiled Laws provides that eligible Road Right-of-Way dedications may be granted a Road Impact Fee Credit for up to 120% of the tax appraised value of that land. Using the formulas set out in this Section, which rely on the most current Property Appraisers Office valuation for tax purposes, the following table summarizes the calculated values for this property dedication: EKE/Midway Mobil ROW Dedications - West Midway Road & Selvitz Road Property Tax ID: 3403-502-0154-000/1 Area of Dedication: 14,769 sf Parent Parcel Area Last Tax Year (1997) Value - Entire Parcel Last Tax Year (1997) Value - Per Square Foot Appraised Value of Dedication Parcel: Amount of Road Impact Credit At 120% of value per sq. ft.: 3.85 ac $61,900 $0.369098/sf $5,451 $6,541 167706 sf $0.37 sf - - ~ "'" February 8, 1999 Page 2 Subject: EKE/Midway Mobil Road Impact Fee Credit Agreement Section 1-17-36 of the County's Code and Compiled Laws provides that a property owner who feels that the Property Appraisers default valuations are not reflective of the actual market value of the property being dedicated, may submit an Independent Property Appraisal for the purpose of establishing the fair market value of the property required to be conveyed. The developers of this project have submitted such an appraisal. This Independent Property Appraisal has established a value of $2.75/ square foot for the property to be dedicated. Using the $2.75/square foot value, the table below outlines the total due for this dedication. EKE/Midway Mobil ROW Dedications - West Midway Road & Selvitz Road Property Tax 10: 3403-502-0154-000/1 Area of Dedication: 14,769 sf Parent Parcel Area Appraised value - Entire Parcel Appraised value - Per Square Foot Appraised Value of Dedication Parcel: Amount of Road Impact Credit at appraised value: 3.85 ac $460,000 $2.75 /sf $40,615 $40,615 167706 sf $2.75sf Section 1-17-37 of the County's Code and Complied Laws, requires that when an Independent Property Appraisal is submitted that provides an appraised value in excess of 120% of the tax appraised value for the property in question, an Independent Review Appraisal must be conducted. Such a review appraisal has been completed, and the results of that review validate the values submitted by the property owner. This review appraisal was coordinated through the Property Acquisition office The total Roads Impact Fees assessment due from this property is $19,588. The difference between the value of the dedicated property and the amount of Roads Impact Fees due is $21,027. In those situations where the value of any impact fee credit exceeds the value of the Impact Fees to be collected from a particular development project, the Board of County Commissioners has two options available to it; (1) only require the dedication of an amount of property equal to the impact fees due or (2) agree to pay the property owner for any differences between the amount of Roads Impact Fees due and the value of the entire parcel to be dedicated. It should be noted that if the former alternative is elected, it does not mean that the necessity for the right-of-way has been eliminated, but instead just defers any acquisition of this property until a future date, at a value to be determined in the future. The proposed dedication is for property that is needed for the future improvements to West Midway Road and the approaches to this roadway from Selvitz Road. Noting this need, staff recommends that the Board proceed with the later option outlined above and authorize the acquisition of the entire right-of-way parcel. The funding for this acquisition would come from the County's Road Impact Fee Accounts, Zones 3 or 4. There are funds available for this acquisition. ~ '-' ..." February 8, 1999 Page 3 Subject: EKE/Midway Mobil Road Impact Fee Credit Agreement In December the developer of this property secured building permits for this new facility. At that time the developer paid to the County his required Roads Impact Fees, however in doing so, the developer reserved his right to request a refund of all or part of that fee in consideration for his dedication of the extra right-of-way for West Midway and Selvitz Roads. Since the developer has already paid his required Roads Impact Fee, staff recommends that the Board approve paying $21,027 to the developer of the EKE/Midway Mobil project upon the County's acceptance of the deed for this right-of-way. Staff also recommends that the Board authorize the refunding of the previously paid Road Impact Fees for this project in the amount of $19,588 to the developer upon the County's acceptance of the deed for this right-of-way. The total amount to be paid/refunded to the developer is $40,615. In addition, to the above, staff recommends that the Board authorize the use of the existing Road Impact Fee accounts to cover the title insurance and other final closing costs associated with the conveyance of this property. These costs are not expected to exceed $1,500. If you have any questions, please let me know. Submitted: f1" " ? J. (....; <./J . >/' . //... -../ ('/ ,dc, {,. Ii£"Û I{~ la Shewchuk mmunity Development Director Harvey Lincoln Management & Budget Director Ray Publi JIS/DJMI EKE1(a58) cc: County Administrator Ass!. County Administrator County Attorney Public Works Director Management & Budget Director Finance Director Peter Ecomony 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~ '-' RIF 99-001 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND ECONOMY ENTERPRISES, INC., FOR THE DEDICATION OF CERTAIN ROAD RIGHT-OF-WAY AT THE INTERSECTION OF WEST MIDWAY AND SELVITZ ROADS THIS AGREEMENT is made and entered into as of this _ day of , 1999, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and Economy Enterprises, Inc., hereinafter referred to as "EKE". WITNESSETH WHEREAS, Economy Enterprises, Inc, owns a parcel of land at the intersection of West Midway and selvitz Roads, in the unincorporated are of st. lucie county florida that they propose to develop as a gasoline/convenience store to be known as EKE/Midway Mobil, said property being more particularly described in the attached Exhibit "A"; and, WHEREAS, "EKE" received Administrative Site Plan Approval for the development of this gasoline/convenience store on September 17,1998 through Administrative Order CD-98-020; and, WHEREAS, Administrative Order CD-98-020 includes a special condition requiring the conveyance of portion of this development site for the right-of-way needs associated with future expansion of the intersection of West Midway and Selvitz Roads, said area of dedication being described the attached Exhibit B; and, WHEREAS, St. Lucie County has adopted a "Road Impact Fee Ordinance" which imposes impact fees relating to public transportation facilities; and WHEREAS, Section 1-17-33.1 (c}(6) of the Code of Ordinances of St. Lucie County provides for credits for the dedication of non-site related road right-of-way on those roadways that are a part of the County's Roads Impact Fee Eligibility network; and, WHEREAS, "EKE" has elected not to accept he County's standard method for the determining the value of right-of-way and has submitted an Independent Property Appraisal for the purpose of determining the fair market value of the property proposed for dedication; and, WHEREAS, the submitted Independent Property Appraisal has established a value for the property to be dedicated in excess of 120% of the appraisal value as shown on the official property records of St. Lucie County and the St. Lucie County Property Appraiser; and, Road Impact Fee Credit Agreement XXXXX, XX, 1999 RIF-99-001 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '-" "'" WHEREAS, the County has commissioned, and completed, the Required Property Review Appraisal, for this property, said review appraisal determining that the valuation established by the Independent Property Appraisal represents a reasonable fair market value for the property to be dedicated, the value of which has been established at $2.75 per square foot; and, WHEREAS, based on the provisions of the Section 1-17-33.1 (c)(6) of the Code of Ordinances of St. Lucie County, the proportionate amount of the total project cost that is eligible for consideration of road impact fee credit is: $ 40,615.00 WHEREAS, "EKE" and "St. Lucie County" are desirous of establishing an agreement concerning the amount of credit that "EKE" shall be entitled to for the dedication of certain road right-of-way at the intersection of West Midway and Selvitz Roads; and, WHEREAS, on _' 19_, the St. Lucie County Board of County Commissioners granted conceptual approval to the issuance of a Road Impact Fee credit to "EKE" in consideration for their dedication of certain road right-of-way at the intersection of West Midway and Selvitz Roads; and,; NOW THEREFORE, in consideration of the mutual covenants entered into between the parties hereto, to be made and performed and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: Section 1. Incorporation by Reference. The above recitals are true and correct and are made a part of this Agreement by reference. Section 2. Amount of Credit. "EKE" is entitled to a credit against Road Impact Fees in the amount of forty thousand, six hundred and fifteen 00/100 ($ 40,615.00) dollars under the criteria set forth in Section 1-17-33.1 (c )(6) of the Code of Ordinances of St. Lucie County for the dedication of certian road right-of-way at the intersection of West Midway and Selvitz Roads; and, Section 3. Limitation of Credit. The credit established by this Agreement is limited solely to the property legally described in attached Exhibit "A," and is not transferable to any other property except for those parcels included within Exhibit "A", The credit may only be applied against Road Impact Fees and shall not be transferable as a credit against other impact fees imposed for purposes other than roads. Section 4. Payment in lieu of credit. In the event that EKE is entitled to more Road Impact Fee Credit than what will be generated by this development, EKE may request that the County remit to EKE the difference between Any Road Impact Fee Credit used and the maximum amount of Road Impact Fee Credit authorized under this Road Impact Fee Credit Agreement XXXXX, XX, 1999 RIF-99-001 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 '-'" '-' agreement. Said remittance shall be funded through the appropriate Road Impact Fee account, as determined by the County Administrator. Section 5. Assignability of Credit. The credits described in Section 2 above may be assigned as provided in Section 3, provided that the assignment is to a parcel included within the property described in Exhibit "A" attached hereto. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided to St. Lucie County at the address set forth below and the original assignment shall be recorded in the public records of St. Lucie County: County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 with copy to: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 Section 6. Recordability of Agreement. This Agreement shall be recorded by "St. Lucie County" in the public records of St. Lucie County, and shall be binding upon "EKE's" successors in interest and title to the property described in Exhibit "A". Section 7. Termination of Agreement. This agreement shall be effective until all of the Road Impact Fee credits authorized under Section 4 have been consumed through the issuance of a building permit, or similar development approval, or the options described in Section 4 have been executed and the amount of the authorized credit consumed. . Section 8. Effective Date. No Road Impact Fee credit that has authorized through this Agreement may be redeemed until the dedication of certain road right-of-way at the intersection of West Midway and Selvitz Roads has been completed and accepted by St. Lucie County or their assign. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Road Impact Fee Credit Agreement XXXXX, xx, 1999 RIF-99-001 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 '-'" Signed, sealed and delivered in the presence of: Attest DEPUTY CLERK Road Impact Fee Credit Agreement XXXXX, XX, 1999 ""'" Economy Enterprises, Inc. name, (title) print name: ******************************** Board of County Commissioners St. Lucie County, Florida BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY RIF-99-001 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 \wo' ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF ( ) BEFORE ME, the undersigned authority personally appeared '-' and is authorized to sign and execute the above Agreement and that the representations above stated are true and correct to the best of his knowledge, information, and belief. ,19 . SWORN TO AND SUBSCRIBED before me this day of Notary Public Road Impact Fee Credit Agreement XXXXX, XX, 1999 State of Florida at Large My Commission Expires: RIF-99-001 Page 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '-" ......,¡ 1 2 3 EXHIBIT "A" LEGAL DESCRIPTION: The south Y2 of the Lot 90, White City Subdivision, as per plat thereof on file in Plat Book 1, Page 23 of the public records of St. Lucie County, Florida. Less and except the west 50 feet as described in Official Records Book 108, Page 255 and less and except the lands described in Official Record Book 44, Page 445. Said lands containing 3.840 acres, more or less. Road Impact Fee Credit Agreement XXXXX, XX, 1999 RIF-99-001 Page 6 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 Road Impact Fee Credit Agreement XXXXX, XX, 1999 '-' EXHIBIT "B" Area of Dedication ....., EXHIBIT" A" RIF-99-001 Page 7 51<ETCI-·! 'ðF S? I '0 C) ..~' 01 "'~ o z~ 0", ~5 "'~ ~~ ....'" ~ tYt'~rr -. ,~ DES C RIP TI 0 ~\ ,... 'IfI LEGEND 1 P.O.8. = POfNT or BEGINNING P.O.c. = POINT OF COMMENCEMENT NOT A BOUNDARY SURVEY N89'55'41"E 10.00' r..... o ~I ~f= ~o >~ ~~ W If) }ú ~e,j ~o I ~~ ènC! o. ~~ N~ ~ ~.- 0J o (J) 0J * C'J )·1 C'J w I") o o o If) W t!J a: CL- ..¡ c-.. ,- n :::..:: C) C) co c:: C) '" SOUtHVoEST CORNER LOT 90 AND WEST 1/4 CORNER OF SECTION 5-36-40 ~- NORTI' '/2 LOT 90 ~ 'M1tl( cn'( SU6DtV\$IO'I'4 P.B. 1. PC. 23 ~~ '. ~ ¡;; ~ o 0 '" -' I- o ~ w Z :;; ~ '" ¡5 soom 1/2 Lor 90 ...., IE CI TY SV!!OIIIISION P.B. 1. PC;. 23 ð = 08'49'49" R 1850.08' L = 285.13' N89'02' 48"E 294.17' -{j¿ S89'02'48"W 29.3_89' (S.R. 712) MIDW,A.·r' ROAD (R/w VARIES) ð = 09'24'45" R 1870.08' L = 307.22' LEGAL DESDCRIPTION A PARCEL OF LAND BEING A PORTION OF LOT 90, "WHITE CITY SUBDIVISION" AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA ALSO L VlNG IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST AND BEING DESCRIBED AS FOLLOWS; OMMENCE AT 'THE SOU1MWES'T CORNER or SAID LOT 90 (ALSO) BEING THE WEST 1/4 CORNER FOR SAID SECTION 5-36-40 (ALSO) BEING THE CENTER LINE OF ·SELVlTZ RD: (100' R/W); THENCE N 00· 10' 31"W (ALONG SAID CENTERLINE) FOR 75.11 FEET; THENCE N 89' 49' 29" E FOR 50.00 FEET TO THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF SAID SELVlTZ RD. AND THE NORTH RIGHT OF WAY LINE OF MIDWAY RD. (S.R. 712) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE N 00' 10' 31" W (ALONG SAID EAST R/W LINE) fOR 257.75 fEEl (TO THE NORTH LINE Of 'THE SOUTH 1/2 OF SAID LOT 90); THENCE N 89' 55 '41"E ALONG SAID NORTH LINE FOR 10.00 FEET; THENCE S 00' 10' 31" E FOR 219.02 fEEl;· THENCE S 40' 59' 40" E fOR 30.27 F'EET TO A POINT ON A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS Of 1850.08 FEET; THENCE FROM A TANGENT BEARING OF S 62' 07' 23"E, PROCEED THROUGH A CENTRAL ANGLE OF 6' 49' 49" FOR AN ARC OF 265.13 fEET;··THENCE N 89' 02~_48"-E FOR 294.17 FEËT. (TOuTHE-EAST LINE OF SAID LOT 90); THENCE S 00' 09' 39" E FOR 20.00 FEET (TO THE NORTH R/W LINE OF SAID MIDWAY RD. - 60' R/W);- THENCE' S 89' 02' 48" W (ALONG SAID NORTH R/W LINE) FOR 293.69 fEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS or \870.08 rEET; THENCE f'ROCECO THROUGH A CEN{P.^L Þ.NGLE OF ..,1':- 9' 24' 45" fOR AN ARC OF 307.22 FEET; THENCE N 61' 32'27"W FOR 8.28 fEET ~~. TO THE POINT OF BEGINNING. J;J!?JJ" .7' . Ç~TAINING 14766.65 SO.FT (0.339 ACRES ±) ~~~~~~~. "~,Ai~~;::?' .__...~ I.~·.r.- L. .:: ,~~'" ""~~' ,'ril:'::t-'::ø... .~. _...>t.~",ra", ~ i:.....:·.::,.;·· ..J ~~:';J..' \t ~~. 7¿ ~þ-.''j; ,~ --!~ Ç-".~~;~~,,~.."--,,:;._~.'-':: . If -, " . r..p :aJ?"':'t'~í!;~ ".1' ../7 .~. .. 5I·...y.:~·5~)o:,::..··~.¿y,· -. ~'f~ " '.~~. « ..··,C·.. ~y"...,~. .,'~...:.._ "(4¥ . . -;''!S.':'" ,-~'1:-f/..J'';j;i(;= ;'1i"ð~'" )G~:~;/;l::~~¿~~~;-,:;·~~~~~L:.,~. ,". .,Æ¡, (1". i(;'r ·./·J;l'''A'P. ~ ;.":. ,.,,""II!II 'J- 1'~,. ~t)~,:~~\(~;:;=:'~'i:';:~~~~':~?~'~;'~:' ."~ '~;.~& l" .~;~>~~ ':~?""Ir ~~~.~ _i'1ff.{~~' :¡..f1¡1~;· ,-........" If c.:oa. -- - '-,-.,. GRAPHIC SCALE o 50 ... I . ~'L ALLEN E. BECK, INC. . ~L '-fPROFESSIONAL LAND SURVEYOR~ 608 S. W. BA YSHORE BLVD. PORT ST. LUCIE, FLORIDA 34983 (561) 340-1432 LB 6790 SCALE'" lOa' JOB NO 98-4421 SHEET OF 1 100 I 200 I inch 100 fl. "-.". """" A, ~ è:o o o ~ - .?k ~ '--' ~TEM NO.~ AGENDA REQUEST DATE: February 23, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney SUBJECT: BACKGROUND: FUNDS A V AII.ABLE: PREVIOUS ACTION: RECOMMENDATION: z::;~: A~~::~IED [ ] OTHER: [X] County Attorney: ~ [x]Orig. Dept: ~ Finance: (check for copy only, Donald G. Cole Property Acquisition Manager Environmentally Significant Land Program St. Lucie PinelandslFCT Project #96-017-P7 A Olson Parcel See attached memorandum Funds will be made available in #382-3915-561000-3107 On August 6, 1996, the Board of County Commissioners authorized submission ofthe Florida Communities Trust Grant Application for the purchase of the St. Lucie Pinelands project utilizing County ESL Funds to assist in the purchase. On December 3, 1996, FCT approved a grant to assist in the purchase of the St. Lucie Pinelands project subject to local matching funds. On March 25, 1997 the Board approved the Conceptual Approval Agreement with Florida Communities Trust for this project. Staff recommends that the Board approve the Option Agreement for the Olson Parcel, authorize the Chainnan to execute the Agreement and direct staff to close the transaction in conjunction with the Florida Communities Trust and record all documents in the Public Records of St. Lucie County, Florida. CONCURRENCE: 1Lj¡~fA'- Douglas M. Anderson County Administrator Review and ~pprovals [X] Management & Budget: .,p W [X]Leisure s~ ifapplicable) cr~ ~ ,- [] Purchasing: [X]Community Dev: ~ Effective 5/96 (j '-' \wi ~þr- PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: February 23, 1999 SUBJECT: Environmentally Significant Land Program St. Lucie Pinelands FCT Project #96-017-P7A Olson Parcel . ------------------------------------------------------------- ------------------------------------------------------------- BACKGROUND: On March 25, 1997, the Board of County Commissioners approved the Conceptual Approval Agreement with Florida Communities Trust {"FCT" for the purchase of the St. Lucie Pinelands Project in the amount of One Million Two Hundred Fifty Seven Thousand Four Hundred Two and 28/100 Dollars ($1,257,402.28) or 50% of the project costs, whichever is less. This project has three separate property owners ( Murphy- White Dairy, the Humphries and the Olsons) and consists of 1600 +/- acres. The Board authorized the use of the County Environmentally Significant Land (ESL) funds to match this 50%grant from FCT. We have acquired one parcel within the project (the Murphy White Dairy Parcel - 648 acres) and have already received reimbursement for 50% of all of our pre-acquisition costs incurred (title commitment and appraisals) on all three (3) parcels to date. We have been negotiating with the Olson's for almost a year. They have agreed to sell approximately 110 acres of their 300 acre parcel. The 110 acre parcel has been negotiated at the maximum approved value of $198,000.00 which is $1,800.00 per acre. The ESL Program would contribute $99,000.00 as the County's 50% share and FCT would contribute $99,000.00. Please see the attached executed Option Agreement, maps locating the parcel and a memo from Steve Fousek, the Environmental Lands Specialist, on the attributes of this particular parcel. - ~ """'" BOCC February 23, 1999 Page Two RECOMMENDATION I CONCLUSION: Staff recommends that the Board approve the Option Agreement for the Olson Parcel, authorize the Chairman to execute the agreement and direct staff to close the transaction in conjunction with the Florida Communities Trust and record all documents in the Public Records of St. Lucie County, Florida. Respectfully submitted: c-\~ ~AU Donald G. Cole Property Acquisition Manager CC: County Administrator Publ1c Works Director Community Development Director Leisure Services Director Finance Director Management & Budget Manager '-' "-' Project: St. Lucie Pine1ands Project #: 96-017-P7A Parcel: Olson Contract #: Property Tax LD.#: 3135-111-0001-000/2 OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this _ day of , 1998, between JOHN C OLSON, JAMES R OLSON and ANITA GUSTAFSON, as Successors and Co-Trustees of the Raymond C Olson Revocable Trust dated July 22, 1221 whose address is 7259 Lake Drive, Orlando, Florida 32809 as "Seller", and the FLORIDA COMMUNITIES TRUST, a nonregulatory agency within the Department of Community Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Ta1lahassee, Florida 32399 and the BOARD OF COUNTY COMMISSIONERS OF ST LUCIE COUNTY, a political subdivision within the State of Florida, whose address is 2300 Virginia Avenue, Fort ~, Florida as "Purchaser". 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in St Lucie County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by Purchaser and is effective only when give written notice of exercise to Seller. 2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the fonn of a state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement and ending on 6/1/99 ("Option Expiration Date"), unless extended by other provisions of this Agreement. In the event the Purchase Price (as hereinafter defined in paragraph 3.A) are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is..one Hundred Ninety Eight Thousand and 00/100 Dollars ($ 198,000 00) which, after reduction by the amount of the Option Payment, will be paid by Acquiring Agency and Local Government at closing to Seller or Seller's designated agent who meets the requirements of Section 253.025, Florida Statutes, in the manner set forth herein. The Total Purchase Price shall be paid to Seller as follows: Acquiring Agency shall pay the lesser of $99,000 00 or ~% of the final adjusted Total Purchase Price for the Property as detennined in accordance with paragraph 3.B. ("Acquiring Agency's Purchase Price"), which after reduction by Acquiring Agency of the Option Payment, will be paid to Seller by state warrant at closing; and Local Government shall pay the lesser of $99,000 00 or ~% of the final adjusted Total Purchase Price for the Property as detennined in accordance with paragraph 3.B. ("Local Government's Purchase Price"), will be paid to Seller by Local Government check at closing. Total Purchase Price is subject to adjustment in accordance with paragraph 3.B. The detennination of the final Total Purchase Price can only be made after the completion and approval of the survey required in paragraph 5. This Total Purchase Price presumes that the Property contains at least llQ total acres, to be confinned by the Survey, as provided in paragraph 5. This Agreement is contingent upon approval of Total Purchase Price by Purchaser and upon confinnation that the Total Purchase Price is not in excess of the final maximum approved purchase price of the Property as determined in accordance with Rule 9K-6.007, Florida Administr~tive Code ("Maximum Approved Purchase Price"). This Agreement is also contingent upon Local Government's funds for closing being available at closing and upon Local Government giving written notice to Acquiring Agency, prior to the exercise of the option, that these funds are available to close in accordance with this Agreement. If such notification is not accomplished, Acquiring Agency may in its sole discretion declare this Agreement void and of no further force and effect as of that date. Local Government's February 5, 1999 96-017-P7A - '-' '..",;I funds are the sole responsibility of Local Government. Seller shall have no recourse whatsoever, at law or equity, against Acquiring Agency or the Property as a result of any matter arising at any time whether before or after fee simple title is conveyed to Local Government, relating to Local Government's funds, Acquiring Agency shall have no obligation under this Agreement to provide any portion of Local Government's funds. Acquiring Agency's funds necessary to close are the sole responsibility of Acquiring Agency. Seller shall have no recourse whatsoever, at law or equity, against Local Government or the Property as a result of any matter arising at any time, whether before or after fee simple title is conveyed to Local Government, relating to Acquiring Agency's funds. Local Government shall have no obligation under this Agreement to provide any portion of Acquiring Agency's funds. Should Local Government's funds or Acquiring Agency's funds not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party. Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the Property at the closing notwithstanding that Acquiring Agency and Local Government are required to pay all of the Total Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will take place at the closing, in exchange for the payments to be made by Acquiring Agency and Local Government to Seller at closing as set forth above in this paragraph 3.A. 3.B. ADnJSTMFNT OF TOTAL PURCHASE PRICE. The Total Purchase Price set out in paragraph 3.A above is based on $1,800.00 per acre ("Acre Price") for an estimated 110.00 unsurveyed acres ("Acres"). The Total Purchase Price shall be adjusted and the fmal Total Purchase Price shall be obtained by multiplying the Acre Price by the total surveyed acreage shown on the final approved survey required by paragraph 5. hereof. Ifit is determined that the Total Purchase Price is in excess of the final Maximum Approved Purchase Price, the Total Purchase Price will be reduced to the. final Maximum Approved Purchase Price. The Seller acknowledges that the estimated number of Acres may vary substantially from the surveyed acreage as shown on the final approved survey required by paragraph 5. hereof, and the Total Purchase Price, may vary substantially from the final Maximum Approved Purchase Price. If the final adjusted Total Purchase Price is less than ~% of the Total Purchase Price stated in paragraph 3.A. because of a reduction in the Maximum Approved Purchase Price of the Property, Seller shall, in his sole discretion, have the right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Seller elects to terminate this Agreement, Seller shall provide written notice to Acquiring Agency and Local Government of his election to terminate this Agreement within 10 days after Seller's receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price. In the event Seller fails to give Acquiring Agency and Local Government a written notice of termination within the aforesaid time period from receipt of Acquiring Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in paragraph 3.A. 4.A. ENVIRONMENT AI, SITE ASSESSMENT. Seller shall, at his sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish to Local Government and Acquiring Agency an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials (I1ASTM"). Seller shall use the services of competent, professional consultants with expertise in the environmental site assessing process to determine the existence and extent, if any, of Hazardous Materials on the Property. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance whicb-is-regulated by any Environmental Law (as hereinafter defined in paragraph 4.B.). The examination of hazardous materials contamination shall be performed to the standard of practice of the ASTM. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. The environmental site assessment shall be certified February 5, 1999 96-017-P7A - '-' ....,; to Purchaser and the date of certification shall be within 45 days before the date of closing. Purchaser shall reimburse Seller for the Acquiring Agency approved cost of the environmental site assessment, not to exceed $3,500 00, upon Seller's submission of the necessary documentation to Acquiring Agency which evidences payment in full of the environmental site assessment costs by Seller. This reimbursement is contingent upon a sale of the Property to Purchaser. 4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment provided for in paragraph 4.A. confinns the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to tenninate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to tenninate this Agreement, Seller shall, at his sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 10% of the Total Purchase Price as stated in paragraph 3.A., Seller may elect to tenninate this Agreement and no party shall have any further obligations under this Agreement. In the event that Hazardous Materials placed on the Property prior to closing are discovered after closing, Seller shall remain obligated hereunder, with such obligation to survive the closing and delivery and recording of the deed described in paragraph 8. of this Agreement and Purchaser's possession of the Property, to diligently pursue and accomplish the clean up of Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost and expense. Further, in the event that neither party elects to tenninate this Agreement as provided above, Seller shall indemnify and save hannless and defend Purchaser, its officers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from Hazardous Materials placed on the Property prior to closing whether the Hazardous Materials are discovered prior to or after closing. Seller shall defend, at his sole cost and expense, any legal action, claim or proceeding instituted by any person against Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which Hazardous Materials placed on the Property prior to closing are alleged to be a contributing legal cause. Seller shall save Purchaser bannless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 5. SURVEY. Seller shall, at his sole cost and expense and not less than 35 days prior to the Option Expiration Date, deliver to Acquiring Agency a current boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey"). It is Seller's responsibility to ensure that the surveyor contacts the Acquiring Agency regarding these standards and requirements and the cost of the Survey prior to the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims ofeasements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. Acquiring Agency and Local Government shall reimburse Seller for the Acquiring Agency approved cost of Survey, not to exceed $12,000 00, upon Seller's suomission of the necessary documentation to Acquiring Agency which evidences payment in full of the Survey costs by Seller. This reimbursement is contingent upon a sale of the Property to Purchaser. 6. TITLE INSURANCE. Local Government shall, at their sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Fonn "B") from a title insurance company, approved by Acquiring Agency, insuring February 5, 1999 96-017-P7A '-" ...., marketable title of Purchaser to the Property in the amount of the Purchase Price. Purchaser shall require that the title insurer delete the standard exceptions of such policy referring to: ( a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. 7. DEFECTS IN TITI ,E. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then is with no reduction in the Total Purchase Price, (b) extend the amount of time that Seller has to cure the defects in title, or (c) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be St Lucie Coun1;y . 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and 380.08(2), Florida Statutes. Local Government shall prepare the deed described in paragraph 8, of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date. 10. P1JRCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be provided under this Agreement within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11. EXPENSES. Local Government will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property . 12. T AXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local Government acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount-equal to the taxes that are determined to be legally due and payable by the county tax collector. 13. CLOSING PLACE AND DATE. The closing shall be on or before 30 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall February 5, 1999 96-017-P7A '-' "" occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The; date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk ofloss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Local Government prior to the exercise of the option by Purchaser. 15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Local Government at closing, subject to the Lease Agreement attached as Exhibit "B". 16. ACCESS. Purchaser acknowledges that there is no legal ingress and egress for the Property over public roads or valid, recorded easements for the use and benefit of and as an appurtenance to the Property at the time Agreement is executed. 17. DEF MILT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs. 18. BROKERS. 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 as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. ST JëCESSORS IN INTER EST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser-iind Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. February 5, 1999 96-017-P7A '-' "will 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25. WAIVER. Failure of Purchaser to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMFNT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 29. S1 JR VIV AL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Local Government's possession of the Property. 30. SPECIAl. CONDITIONS. St. Lucie County agrees to, at its sole cost and expense, remove the existing 5 string barb wire fence that exists along the southern boundary line of the Pinelands Project! northern Olson property line and either replace or install new 5 string barb wire fence along the new southern boundary line of the Pinelands Projects / northern Olson property line as depicted on the Final Survey pursuant to Paragraph 5 of this Agreement. TIllS AGREEMENT IS INITIALLY TRANSMITIED TO THE SELLER AS AN OFFER. IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE 2-19-99. THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT TIllS OFFER. THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF TIllS AGREEMENT, TOTAL PURCHASE PRICE, ACQUIRING AGENCY'S PURCHASE PRICE, AND LOCAL GOVERNMENT'S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K-4.011, FLORIDA ADMINISTRATIVE CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK TIlE ADVICE OF_ AN ATTORNEY PRIOR TO SIGNING. February 5, 1999 96-017-P7A '-' ....., ~\- ~\'Y\CLtU Witness as to Seller SELLER ~£.La¿ John C. Olson, s Successor and Co-Trustee of the Raymond C. Olson Revocable Trust dated 7/22/91. é~A.~ WItness as Seller zt: 2- CZZ 7('>5 Social Security No. - - ¡- e h./<--<-ü '""- Date signed by Seller 7 C[ , [f: ?C¡ l STATE OF 8-oRtDA ) ) COUNTY OF ~ The foregoing instrument was acknowledged before me thislli day of r-t,-JJ. , 1999, by John C Olson, as Successor and Co-Trustee of the Raymond C Olson Revocable Trust dated July 22, 1991, who is personally known to me or who has produced a driver's license issued within the last five years as identification. IJ p . \ () LA) _ ( (NOTARY PUBLIC) ( 'J(.lLl.t.1t;,1(£) (If. v.t:flt.¿¡ttlJ SEAL Notary Public ¡/ ~}W.-I:STI N £ L- 6 D NY £1r (Printed, Typed or Stamped Name of Notary Public) Commission No.: C~ & ) Lj 1fJ My Commission Expires: ~J J I J 2. ODI February 5, 1999 96-017-P7A '-' "'wIll SELLER ~ IJlrI/ ~oselle¡-~ ~ ~- P. çn- Witness as to Seller James . Olson, as Successor and Co-Trustee of the Raymond C. Olson Revocable Trust dated 7/22/91. ?-ll)?--"ð Â- ì' ~ b Social Security No. ~ \jJCJq Date signed by Seller STATE OF II¿ ) ) COUNTY OF ¡µn/~Y-5()'" ) The foregoing instrument was acknowledged before me this 1 ~ day of t 61t(á/'o ,1999, by James R , who is personally known to me or who has produced a driver's license issued within the last five years as identification. ~ ái +- (NOTARY PUBLIC) ~t- '/~¿-h~ SEAL Notary !ubI' " V-e ¡/rt¡ ø: u ~ (Printed, Tw€:d or Stamped Name of Notary Public) Commission No.: /lit My Commission Expires: ð-: ¿7t-? 6--- fj? February 5, 1999 96-017-P7A '-' -.""I SELLER aM k Au "'-N_M71..) Anita Gustafson, as Successor and Co-Trustee of the Raymond C. Olson Revocable Trust dated 7/22/91. STATE OF Jovtn WòhtMl I ) COUNTY OF U~ü.· '( €-V\ S ) The foregoing instrument was acknowledged before me this X'tb day of F . ;)~'J.-><~-:f(3Y Social Security No. ~/'ß I qc¡ Date signed by Seller , 1999, by..An.ita ,who ast five years as Commission No.: My Commission Expires: 6-;;6 .,. ,:1002. February 5, 1999 96-017-P7A '-" '-' PURCHASER LOCAL GOVERNMENT BOARD OF COUNTY COMMISSIONERS OF ST LUCIE COUNTY, FLORIDA By: Witness as to Local Government Name Its: Witness as to Local Government Attest: (Clerk or Deputy Clerk) (OFFICIAL SEAL) Approved as to Form and Legality Date signed by Local Government By: Date: STATE OF FLORIDA ) ) COUNTY OF ST. LUCIE ) The foregoing instrument was acknowledged before me this day of , 1999, by as of the Board of County Commissioners of St I "ucie County, Florida on behalf of the Local Government. He is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: February 5, 1999 96-017-P7A ,. '-' """ PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST Witness as to Acquiring Agency By: Steven M. Seibert, Chair Witness as to Acquiring Agency Date signed by Acquiring Agency Approved as to Fonn and Legality By: Ann J. Wild, Trust Counsel Date: ST ATE OF FLORIDA ) COUNTY OF LEON ) ) The foregoing instrument was acknowledged before me this day of ,1999, by Steven M Seibert, as Chair of the Florida Communities Trust, on behalf of the Acquiring Agency. He is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: February 5, 1999 96-017-P7A '-' ......, EXHIBIT "A" Map and De!;cr(1)tion tifSubject Parcel A portion of the North ~ of Section 35, Township 36 South, Range 37 East, as depicted in the cross hatched area below; said land lying in St. Lucie County, Florida. The actual legal description of the subject parcel will be more particularly described by the Final Legal Description pursuant to the Survey prepared pursuant to Paragraph 5 of this Agreement. --- GID aID · · GIll <æ> -" . Sf · · 11 -..... (II.........,. ...tC. '1 -_.DC. i (II'~) I .~" .tC. - - . - ~ ~":';'.':' - if ~ ¡ . ..... .... en AU ~ (.'I....,~ tt..AC. 'V"" , .... """"IIIfta DC. LD."c. ) ('SI........,., (11'~I.oaDItt .. .. ",-".tC. 1I.1411C. :t. . .- ,; ... ..... "'... (IT ALl (.. ,.......,.. J .z..", Sf . · · :n r .1 I. 'I œ <!!Þ CÐ G!!> I . . . --- - . ST. LUCI February S, 1999 96-017-P7A ~ ....,.¡ ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT (OTHER) STATE OF 1-::::( ) ) COUNTY OF DIICt'Jf. ) Before me, the undersigned authority, personally appeared John C Olson, as Successor and Co-Trustee ofthe Raymond C O1son Revocable Trust dated July 22, 1991 , this q U day of Hbv",/, 1999, who, first being duly sworn, deposes and says: 1) That John C. O1son whose address is 7259 Lake Drive, Orlando, Florida 32809 is the record owner of the Property. The following is a list of every "person" (as defined in Section 1.01(3), Florida Statutes) holding 5% or more of the beneficial interest in the Property: Name ,]ÍJ.tu¡ÇS ;f 0£56/v (ifmore space is needed, attach separate sheet) Address Interest e 'f D H.êfã.c:nU G J}- /( e:-ér l/éíUjÇJé/f'.50t/vvnu:! /V'. C Z£7?r / 3.3-1 ~ ,4AJrrA c;;v.SQ r 5ötÚ 3ð 7 ()~I</C-lðlí.:-rt£ Ú/f(cct: G¡f EGUt.f~ í .5 _ (. Z n~· 'f 9 ¡P¡qc(~o¡(Jj(J c:. ð¿j6tV :£,if!fttAScA-(3¿C 1ÍftAS'í /f ¡::-ðo .J6(f(/ú c OtS6N 7 2-57 C/~tt:.~ 4~.cfAÇ >.3 j ~ - OtfcAc<Ø;b / /-L. :> 2 tÖ1 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: 333 ~ Name Address Reason for Payment Amount NÓÆ.5É February 5, 1999 96-017-P7A '-' -...I . 3) That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to the Board of County Commissioners of St. Lucie County, Florida: Name and Address of Parties Invo]ved Date Type of Transaction Amount of Transaction I(k¡íf¿ This affidavit is given in compliance with the provisions of Sections 286.23 and 380.08(2), Florida Statutes. AND FURTHER AFFIANT SA YETH NOT. ~ AFFIANT ~.._~ . Æ fZ/L SWORN TO and subscribed before me this % day of ~~¡¿UJt-.f(y ,1999, by John C Olson, as Successor and Co-Trustee of the Raymond C Olson Revocab]e Trust dated Ju]y 22, ] 99], who is personally known to me or who has produced a driver's li~ense as iden~. n and ho did take an oath. o J\l~~W I. Notary Public ŒI+R15-TU/ E (. r!:tD NY£1+- (Printed, Typed or Stamped Name of Notary) Commission No.: ût llIY''71J My Commission Expires: I-I!).. I / /Lo () I . February 5, 1999 96-017-P7A ~ ~ ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT (OTHER) STATE OF Je ) COUNTY dF /flll ff.5tJ4') Before me, the undersigned authority, personally appeared the Raymond COlson Revocabte Trust dated Juty 22, 1991 , this day of y,; being duly sworn, deposes and says: . . J ,1 I 1) That James R Otson whose address is fill) fYrIt"\ k \Ì·O\.:..fINV'Uf 1'-' III is the record owner of the Property. The following is a list of every "person" (as defined in Section 1.01(3), Florida Statutes) holding 5% or more of the beneficial interest in the Property: Name :J C\Yf'f.c A. 0 \j 0 '" (if more space is needed, attach separate sheet) Address Interest A",,'to. ~\IIJ+o.fJOY1 8 'H PlfJ 'fYI1"" fI f~. t f~o1ff Jd,1V.'I]f. NL ,. f ìq I 3 07 0 q krr ~ y) 'I}- ll'fC 1 ~ ~{?tY'\ wo~dI, ~ (. ~~ (, \.{ q ì;J,. r~ 1 ú/4 Ol'1vR ð (' 1<11 V) tÁ o( F I 01' ,t'of~ ~;¡ fcJ ~ ~ :j ï 3 (jIb ¿ 3'/~ ~ (Zo. ~ rnðV\~ (. ~ IJ\V\ ;rr.#"'Ï{,,~I~ f-I'~lt-A- fAC Jd'\l\ C Ölh'" ~ ? Y 3 u~ 2) That to the best of the affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive reat estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: ~ fJ 0 11) -.D Address Reason for P~ent Amount February 5, 1999 96-017-P7A '--r ...,¡ 3) That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to the Board of County Commissioners of S1. Lucie County, Florida: Name and Address of Parties Involved Date Type of Transaction Amount of Transaction ntn~ This affidavit is given in compliance with the provisions of Sections 286.23 and 380.08(2), Florida Statutes. AND FURTHER AFFIANT SA YETH NOT. ~~R~~ SWORN TO and subscribed before me this , 1999, by.lames , who is personally known to me or who has produced a driver's license as identification and who did take an oath. ~~./ ;;'I!dd!.t~) ¿fotary Public ~ r¿ µ//h {~~ (printed, T e or Stamped ame of Notary) Commission No.: My Commission Expires: s·~~-· :7/ February 5, 1999 96-017-P7A \...; ....".¡ ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDA VIT (OTHER) STATE OF ~L111C1trDÌlntÙ ) COUNTY OF J _l'lLt( tVlS ) Before me, the undersigned authority, personally appeared Anita Gustafson, as Successor and Co:- Trustee of the Raymond C Olson Revocable Trust dated July 22, 1991 , this )?tb day of "Fe..brlJo..~, 1999, who, first being duly sworn, deposes and says: d- 'Ho q 1) That Anita Gustaf.<;on whose address is 3\)1 Oú ~wl.()L")kCÎ(c.h.. JIre.e\tìlAJC~ is the record owner of the Property. The following is a list of every "person" (as defined in Section 1.01(3), Florida Statutes) holding 5% or more of the beneficial interest in the Property: Name )o.m.t:, t2...0IsoVì in¡W. &lJ~.rsor'\ (if more space is needed, attach separate sheet) Address Interest "3 31/~ ck 3~\J~D~ 84D TI~VY'\ì'::) 6t'I\-\€.V\cU.~Y"'I'\J~\I-L I NC- d-'6i~c\ ~O 1- OC\.\<-.rnon"h:.C \rde &1-ee.Y"'IWolJel i 'Sc. d-L1 lvYC\ Zet ~ ~'M nd c· 0 I SOI'"'\ ~rre\fûcc\...bì-e.. Trv<:::.t A i-2'J'1 ~Ke... Dr, 10 rlG\.v\clO I l=-L "3~gO<1 :-ßD ]dm~ C' O\~~'ì ""3 ""3 \ /"3 f:Jv 2) That to the best ofthe affiant's knowledge, all persons who have a financial interest in this real estate transaction or who have received or will receive real estate commissions. attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: Name Address Reason for Payment Amount 1\1 D V'\ -e.. . February 5, 1999 96-017-P7A - - - ~ ....,¡ 3) That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to the Board of County Commissioners of S1. Lucie County, Florida: Name and Address of Parties Involved Date Type of Transaction Amountof Transaction N Dn €.- This affidavit is given in compliance with the provisions of Sections 286.23 and 380.08(2), Florida Statutes. AND FURTHER AFFIANT SAYETH NOT. AFFIANT ajl"k~JiÁd-cc¡ ~nJ SWORN TO and subscribed before me this g1j;¡ , 1999, by Anita , who is personally known to me or who has produced a driver's license as identification and who did take an oath. ¿j~1¡ 8/kdL Notary Public {J/I }y/ ~ {]-. f)ðWr!l (¿/ (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: t - ~~ - ~ðð.2. February 5, 1999 96-017-P7A St. Lucie Pinelands Humphries (111-0001-000'5) ~ ---~-~-- - -----~ -- ----- Humphries (111-QOO1-o0<Y4) Ct) ~ 1ü ái ü easements to canal ---- ----- -------------- Subject parcel Ce>rpmlAnlty P9veiopment 1 (ãe(¡graphio Infol'!'Oation Systems r MI! :I11I\ri1illd FebruIllY 15.1999 N lta__.ÞWi. ~.QIIÞhI~ft ~P\IJIíII*öIWt· ===~==::.n::.,-==~ ~ztJ C/) 1 (I . "0 i ! II' w ; c: co 1I,II!' ã5 {hU ti UI c: ¡-lid! ä: 11\.(\ t J I.I~ ~ ~ CO d Q) () ~ .l1f 'õ \\C (!J J rj :J " ...J ëi5 € ð ü '- .~ a: § ~ ..6 € ::7 o Ü c: i :E ...-.................¡¡¡¡¡¡",¡¡g;......................... .. J I j ........._..........¡¡¡¡¡¡¡.;;¡¡¡¡¡¡.._........__...~..... J ~ .......................¡¡¡¡...-.......-..".-....-.-...- ~ <¡j>/' .JP/.' ~.i'< ..."'-""'.... ./ ,--.--.-. ... h' ... ... _.. ... 'n .... "N ow, ._< ... ... . .... ... ... n. ... _. .._ ._ ~,.. Æ¡uno~ aeq04009>tO '-' "" DEPARTMENT OF LEISURE SERVICES MEMORANDUM TO: . Don Cole, Acquisition Manager Steve Fousek, Environmental Lands Specialist ~~ Jack Dougbney, Leisure Services Directo~ February 12, 1999 FROM: THROUGH: DATE: SUBJECT: Olson Parcel ******************************************************************* The Olson parcel is located within the Pinelands acquisition area. The 110 acre parcel contains primarily pineland communities located immediately south of the Murphy-White parcel. The site is in very good condition, with few man-made impacts or alterations. The overstory is dominated by a relatively old stand of Slash Pine. Acquisition of the site will add to the existing preserved lands located contiguous to the property, creating a relatively large (750 acre) parcel. Purchase ~f the site would nearly complete the project. There are several attributes of the parcel including: - location adjacent to an existing preserve; lack of exotics and other management needs; increased efficiency in management of relatively large parcels, and; adds to the overall recreational value of the Pinelands. In summary, I believe that the Olson parcel has many posi ti ve attributes and that the acquisition would be a valuable addition to the Environmentally Significant Lands program. cc: Pete Keogh, Special Facilities Manager '-" AGENDA REQUEST -....I ITEM NO. yß DATE: February 23, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARp OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman, Esq. SUBJECT: Resolution No. 99-55 - Environmental Lands BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-55 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: [J APPROVED [] DENIED [ ] OTHER: CONCURRENCE: rfi1t~~ Douglas Anderson County Administrator County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 f '-'" ..."" ~,~fÞø~ LLP. Sb .... MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florid;- From: Date: February Re: Environmental Lands The attached Resolution amends the Resolution authorizing the Limited Ad Valorem Tax Bonds which were sold at competitive sale on February 16th. The purpose of the amendment is to enable moneys in the Sinking Fund, which have not been used to pay principal and interest on the Bonds during the preceding year, to be transferred into the Project Fund and used to pay the cost of the acquisition of additional environmental lands. In order to maximize the amount of lands purchased pursuant to the program authorized at referendum (subject to the $20,000,000 limitation), staff has recommended that the full 1/4 mil be levied in each of the remaining years for which the levy was authorized. In presenting the bond issue to the bond insurers, however, the issue was sized so that there would be approximately 1.20x coverage of debt service by the anticipated collections at the y.¡ mil rate. The amendment would allow this "coverage amount" to be transferred into the Project Fund and used for additional land acquisition. I plan to be present at the Board meeting on February 23rd and would be pleased to answer any questions that the Board may have regarding this amendment. cc: Daniel S. McIntyre, County Attorney Douglas M. Angerson, County Administrator Harvey M. Lincoln, Management and Budget Manager Christann K. Hartley, Finance Director Loomis C. Leedy, William R. Hough & Co. 2806v 1/3 248/STL00051/M-BOARD '-' ...., , \ ~ RESOLUTION NO. 99- ss- A RESOLUTION AMENDING RESOLUTION NO. 94-248 OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ENTITLED: "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $20,000,000 ST. LUCIE COUNTY, FLORIDA, LIMITED AD VALOREM TAX BONDS, TO FINANCE THE COST OF THE ACQUISITION AND PRESERVATION 0 ENVIRONMENTALLY SIGNIFICANT LANDS TO PROTECT WATER QUALITY, OPEN SPACES, AND WILDLIFE HABITAT WITHIN THE COUNTY; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; PROVIDING OR PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS FROM AN AD V ALOREM TAX NOT TO EXCEED ONE-QUARTER OF ONE MILL PER YEAR LEVIED ON ALL TAXABLE PROPERTY WITHIN THE COUNTY; AND PROVIDING AN EFFECTIVE DATE;" TO AUTHORIZE THE TRANSFER OF EXCESS MONEYS IN THE SINKING FUND FOR THE BONDS TO THE PROJECT FUND TO PAY PROJECT COSTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORIZATION FOR THIS AMENDING RESOLUTION. This amending resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes, County Ordinance No. 87-77, Resolution No. 94-070, adopted by the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), on July 12, 1994, and other applicable provisions of law, and Resolution 94-248, adopted by the Board on November 15, 1994, as supplemented by Resolution No. 99-30, adopted by the Board on January 12, 1999 (collectively, the "Original Resolution"). SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: A. The Board finds that it is necessary and desirable and in the best interests of the County and its inhabitants that certain provisions of the Original Resolution, be amended in certain respects in order to allow the transfer of excess moneys held in the Sinking Fund after the provision for the payment of annual debt service on the Bonds (as deiined in the Original Resolution) to be deposited in the Project Fund, created by the Original Resolution, to be used to pay Project Costs (as defined in the Original Resolution). B. Section 5.06 of the Original Resolution permits the adoption of a resolution amendatory to the Original Resolution \..t ..., I \~ SECTION 3. AMENDMENTS TO THE ORIGINAL RESOLUTION. Section 3.03 of the Original Resolution is hereby amended in the following respects: A. Section 3.03(C) of the Original Resolution is amended to read as follows: "SECTION 3.03. APPLICATION OF LIMITED AD VALOREM TAXES. For as long as may of the Bonds are Outstanding or until (a) there shall have been set apart in the Sinking Fund, herein established, and the Bond Amortization Account and subaccounts therein, a sum sufficient to pay when due the entire principal of the Bonds remaining unpaid, together with the premium, if any, with respect thereto, and the interest accrued or to accrue thereon, or (b) provision for payment of the Bonds shall have been made in accordance with the tenns of this Resolution and the Bonds are deemed to have been paid and discharged, the County covenants with the Registered Owners of, and any Credit Facility Issuer for, the Bonds as follows: * * * (C) APPLICATION OF LIMITED AD VALOREM TAXES. In each Bond Year Limited Ad Valorem Taxes, in an amount sufficient (together with other available moneys in the Sinking Flmd) to pay the Debt Service Requirement due on the Bonds during such Bond Year, shall, immediately upon receipt thereof, be deposited by the County into the Sinking Fund. Sufficient moneys from such deposit shall be allocated to the appropriate Bond Amortization Account to pay the Amortization Installment coming due in such year. Any moneys at any time on deposit in the Sinking Fund shall be applied only to pay the Debt Service Requirement on the Bonds; provided that moneys remaining in the Sinking Fund on the first day following the end of each Bond Year, to the extent that such amounts are not reasonably expected to be needed to pay the Debt Service Requirement during the new Bond Year, may be transferred into the Project Fund and used to pay Project Costs." * * * SECTION 4. REMAINING PROVISIONS UNAFFECTED. The remaining provisions of the Original Resolution shall remain in full force and effect. SECTION 5. SEVERABILITY OF INVALID PROVISIONS. If anyone or more of the covenants, agreements or provisions of this amending resolution should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of the Original Resolution or this amending resolution or of the Bonds. 2 28U4V I/STLUUU51/R-AMEND TRANSFER ~ '--' SECTION 6. EFFECTIVE DATE. This amending resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED AT A MEETING DULY CALLED AND HELD THIS 23rd day of February, 1999. ST. LUCIE COUNTY, FLORIDA By: Chainnan, Board of County Commissioners ATTEST: Clerk of the Circuit Court, ex officio Clerk to the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 3 28U4V IISTLUOU51IR-AMEND TRANSFER ~ AGENDA REQUEST I~M NO. YG DATE: Februazy 23, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): County Attorney Robert O. Freeman, Esq. SUBJECT: Resolution No. 99-54 - Holiday Pines Utility Acquisition BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-54 and authorize the Chairman to sign the Resoution. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: CONCURRENCE: County Attorney: y ~~d -'/ Douglas Anderson ( County Administrator Review and Approvals Management & BUdget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ...".¡ ?:t t.. ~,~fÞø~ LLP. " MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florida From: Date: February 16, 1999 Re: Holiday Pines Utility Acquisition The attached Resolution would authorize the County staff and advisors to proceed to develop documents necessary in connection with the proposed acquisition of the Holiday Pines Utility System. This Resolution is intended to authorize the development of documents and does not authorize the issuance of bonds; for bond issuance, it will be necessary that the Board adopt further resolutions which, assuming the acquisition goes forward as planned, would be brought back to the Board in the next several weeks. I plan to be present at the Board meeting on February 23rd and would be pleased to answer any questions that the Board may have about the attached Resolution or the proposed financing. cc: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Harvey M. Lincoln, Management and Budget Manager William R. Blazak, Utility Services Director Christann K. Hartley, Finance Director Loomis C. Leedy, William R. Hough & Co. 2807v I/J248/STLOO0701M-BOARD ~ ....,¡ .. RESOLUTION NO 99-54 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF HOLIDAY PINES SERVICE CORPORATION WATER AND WASTEWATER UTILITY SYSTEM AND ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS THERETO; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $6,000,000 HOLIDAY PINES WATER AND WASTEWATER UTILITY SYSTEM REVENUE BONDS, SERIES 1999, TO FINANCE THE COST OF SUCH ACQUISITION AND PROJECT; AUTHORIZING THE COUNTY ADMINISTRATOR OF THE COUNTY TO PROCEED TO DEVELOP NECESSARY DOCUMENTS, MAKE CERTAIN CERTIFICATIONS ON BEHALF OF THE COUNTY REGARDING THE PRELIMINARY OFFICIAL STATEMENT; APPROVING THE UNDERWRITERS FOR THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. COUNTY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes, as amended, Ordinance No. 87-77 of the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), and other applicable provisions of law (the "Act"). SECTION 2. FINDINGS. It is hereby ascertained, detennined and declared that: (A) It is necessary and desirable and in the best interest of the residents of the County to acquire the Holiday Pines Service Corporation Water and Wastewater Utility System (the "System") and construct additions and improvements thereto (the "1999 Project"), in order to preserve and protect the public health, safety and welfare of the customers and ratepayers of the County. (B) The County is without adequate, currently available funds to pay the cost of the acquisition of the System and the 1999 Project, and it is necessary and desirable and in the best interests of the customers and ratepayers of the System that it borrow the moneys necessary to accomplish the fmancing of the acquisition and the 1999 Project, through the issuance of its Holiday Pines Water and Wastewater Utility System Revenue Bonds, Series 1999, in an aggregate principal amount not to exceed $6,000,000 (the "Series 1999 Bonds"). The County is authorized pursuant to the provisions of the Act, to acquire the System, undertake the 1999 Project and issue the Series 1999 Bonds. (C) The principal of, premium, if any, and interest on the Series 1999 Bonds and all required sinking fund, reserve and other payments therefor will be payable solely from the net revenues of the System, together with other moneys available therefor (the "Pledged Revenues"). The County will never be required to-levy ad valorem taxes on any property therein to pay the principal of and interest on the Series 1999 Bonds or to make any other payments with respect thereto. The Series 1999 Bonds will not constitute a lien upon the 1999 Project, the System, or upon '-' ""-" ~ any properties owned by the County or owned by or located within the boundaries of the County, but will be payable solely from the Pledged Revenues in the manner provided in this resolution and any resolution amendatory hereof or supplemental hereto. (D) It is necessary and in the County's best interest to proceed to draft and develop the documents necessary to facilitate and effectuate the sale and issuance of the Series 1999 Bonds, the acquisition of the System and the undertaking of the 1999 Project (E) The County's Bond Counsel and Financial Advisor will assist the County in its preparation of the Preliminary Official Statement to be used in connection with the offering and distribution of the Series 1999 Bonds. (F) In order to enable the underwriters for the Series 1999 Bonds to comply with Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (the "Rule"), in connection with the offering and sale of the Series 1999 Bonds, it is necessary that the County's Preliminary Official Statement with respect to the Series 1999 Bonds be "deemed final " (except for pennitted omissions) by a representative of the County. The County hereby delegates to the County Administrator of the County the authority to certify when the Preliminary Official Statement is "deemed final" under the Rule. SECTION 3. AUTHORIZATION OF ACQUISITION OF THE SYSTEM AND THE 1999 PROJECT. The acquisition of the System and the 1999 Project is hereby authorized. SECTION 4. AUTHORIZATION OF SERIES 1999 BONDS. The issuance by the County of not exceeding $6,000,000 Holiday Pines Water and Wastewater Utility System Revenue Bonds, Series 1999, for the purpose of paying costs of the acquisition of the System and the 1999 Project is hereby authorized. The Series 1999 Bonds shall be dated, shall be in the denomination of$5,000 or integral multiples thereof, as provided in a subsequent resolution of the Board, shall be in fully-registered form, payable to "Cede & Co.", as nominee for the Depository Trust Company, New York, New York, shall be issued in book-entry only form, shall mature at such time and shall bear interest from their date until maturity, calculated on a 360-day year basis, payable at maturity, at a fixed or a variable rate or a combination thereof, not to exceed the maximum rate allowed by law, shall be redeemable prior to maturity, all as provided in a subsequent resolution of the Board. The Series 1999 Bonds shall be secured solely by a lien upon and pledge of the Pledged Revenues. SECTION 5. DELEGATION OF COUNTY TO DEEM PRELIMINARY OFFICIAL STATEMENT FINAL. The County Administrator, in consultation with and upon the advice of the County's Bond Counsel and Financial Advisor is authorized to proceed to draft and develop, or cause to be drafted and developed, all documents necessary to facilitate and proceed with the offering for sale of the Series 1999 Bonds, including a Preliminary Official Statement. The County Administrator, upon the advice of the County's Bond Counsel and Financial Advisor, is hereby authorized to certify or otherwise represent when such Preliminary Official 2808vl/STLOOO701R-GO AHEAD 2 \wi ,....,¡ Statement shall be "deemed final" by the County as of its date (except for permitted omissions), in accordance with the Rule. SECTION 6. DELEGATION OF COUNTY TO DISTRIBUTE PRELIMINARY OFFICIAL STATEMENT AND TO APPLY FOR A BOND INSURANCE COMMITMENT. The County Administrator, upon the advice of the County's Financial Advisor and Bond Counsel, is, subject to the conditions hereinafter set forth, authorized and empowered to (1) prepare and distribute a preliminary Official Statement, and (2) apply for and secure a commitment for the issuance of a municipal bond insurance policy and a debt service reserve fund surety bond. SECTION 7 . APPROVAL OF UNDERWRITERS. The underwriters for the Series 1999 Bonds, Prager, McCarthy & Sealy and SunTrust Securities are hereby approved. SECTION 8. CONTINUING DISCLOSURE AGREEMENT. The County will execute and deliver a Continuing Disclosure Certificate satisfying the requirements of SEC Rule 15c2-12 at or prior to the time of issuance of the Series 1999 Bonds. SECTION 9. REPEAL OF INCONSISTENT INSTRUMENTS. All resolutions of the County or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 3 2808v I/STLOOO701R-GO AHEAD '-' '.....,¡ PASSED AND ADOPTED AT A MEETING DULY CALLED AND HELD THIS 23rd day of February, 1999. ATTEST: Clerk of the Circuit Court, ex officio Clerk to the Board of County Commissioners 2808vl/STLOO0701R-GO AHEAD ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4 'lti j '-' AGENDA REQUEST 'WI ITEM NO. ÇìD DATE: February 23, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEPT): County Attorney Robert O. Freeman, Esq. SUBJECT: Resolution No. 99-56 - Line of Credit to Provide Initial Financing for MSBU Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-56 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: [.¡ APPROVED [] DENIED [ ] OTHER: CONCURRENCE: tfh~ Douglas Anderson County Administrator County Attorney: y Review and Ap9rovals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ....,; ßð J ~,~P/ø~ LLP. MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florida . From: Robert O. Free Date: February 16, 1999 Re: Line of Credit to Provide Initial Financing for MSBU Projects The County has used a bank line of credit to provide funding for the initial cost associated with the design and engineering of utility and other projects within Municipal Services Benefit Units ("MSBUs") in the County. The current facility, which was provided by Barnett Bank in Port St. Lucie, expires on May 9th of this year. NationsBank, as successor in interest to Barnett Bank, has proposed a 30-month term loan facility to replace the existing facility, and the County's Financial Advisor, William R. Hough & Company, has recommended that the County accept this proposal, refinance the remaining outstanding loans under the existing facility, and utilize the new facility for MSBU borrowings between now and August of 2001. The attached Resolution would authorize the execution of a Loan Agreement between the County and NationsBank evidencing this arrangement. The Loan Agreement is an attachment to the Resolution, and the Bank's proposal letter is an exhibit to the Loan Agreement. The security for repayment of the loan would be a covenant of the County to annually budget and appropriate from non-ad valorem revenues amounts sufficient to make the annual interest payments due on the Note and, to the extent the Note has not been either paid off or refinanced, to pay the final principal due on the Note in August of2001. As a practical matter, it is anticipated that payments on the facility will ultimately be financed through assessments levied against the benefitted properties in the various MSBUs, subject to the qualification that cost incurred with respect to an MSBU project that is not finally undertaken would be borne by the County. I plan to be present at the Board meeting on February 23rd to answer any questions that the Board may have regarding the attached documents or the transaction. cc: Daniel S. McIntyre, County Attorney Douglas M. Anderson, County Administrator Harvey M. Lincoln, Management and Budget Manager Christann K. Hartley, Finance Director Loomis C. Leedy, William R. Ho,:!gh & Co. 280Sv IIJ2481STLOO0711M·BOARD '-" ....,; J RESOLUTION NO. 99-5b A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS IN VARIOUS MUNICIPAL BENEFIT UNITS IN THE COUNTY AS DESIGNATED FROM TIME TO TIME BY THE BOARD; PROVIDING FOR THE BORROWING OF NOT EXCEEDING $3,000,000 ON A REVOLVING BASIS FROM NA TIONSBANK TO PAY THE ,INITIAL COSTS ASSOCIATED WITH SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF A SPECIAL ASSESSMENT IMPROVEMENT NOTE (MSBU NOTE - NA TIONSBANK FACILITY) TO EVIDENCE THE COUNTY'S OBLIGATION TO REPAY SUCH AMOUNT; PROVIDING FOR THE PAYMENT OF THE NOTE AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT IN CONNECTION THEREWITH; COVENANTING TO BUDGET AND APPROPRIATE FROM NON-AD VALOREM REVENUES AMOUNTS NECESSARY TO PAY THE PRINCIPAL OF AND INTEREST ON SUCH NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as amended, and other applicable provisions oflaw (collectively, the "Act"). SECTION 2. DEFINITIONS. The following tenns shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular numbers shall include the plural number in each case and vice versa, and words importing persons shall include fInns and corporations. Capitalized tenns used herein and not otherwise defIned shall have the meaning set forth in the Loan Agreement. _ "Bank" means N ationsBank. West Palm Beach, Florida. "Bid" means tl1eßíd for purchase of the Note submitted to the County and accepted by the County pursuant to Resolution No. 99-_, adopted February _, 1999. "Board" means the Board of County Commissioners, as the governing body of the County. ,-,. ...." "Bonds" means the permanent financing for an MSBU Project authorized and issued from time to time by the Board. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. ; "County" means St. Lucie County, Florida. "County Administrator" means the County Administrator of the County. "Covenant" means the covenant to budget and appropriate moneys to pay the MSBU Note contained in Section 11 of the Agreement. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the agreement between the Bank and the County setting forth the tenns and details of the Loan, in substantially the form attached hereto as Attachment 1. "MSBU Note" means the Special Assessment Improvement Note (MSBU Note - NationsBank Facility), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A. "MSBU Project Costs" means all or a portion of the cost of undertaking an MSBU Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the MSBU Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the MSBU Project. "MSBU Projects" means improvements to be constructed within an MSBU as authorized from time to time by the Board. "Resolution" means, collectively, this resolution and all resolutions amendatory hereof and supplemental hereto. SECTION 3. FINDINGS. It is hereby found, declared, and determined by the Board: (A) The County has accepted the Bid of the Bank to provide the Loan. 2 2721vIlSTLOO0713/R- AUTH MSBU LOC (NATIONS BANK) '-' "'" (B) It is necessary and desirable to provide for the securing of the Loan and for the execution and delivery of the Loan Agreement and the issuance of the MSBU Note in connection therewith. SECTION 4. AUTHORIZATION OF NOTE. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Bid, the issuance by the County of a Special Assessment Improvement Note (MSBU Note - NationsBank Facility), in a principal amount not to exceed Three Million Dollars ($3,000,000) to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Bid, and to be secured solely by the Covenant, is hereby authorized. SECTION 5. APPROVAL OF FORM OF LOAN AGREEMENT AND MSBU NOTE. The Loan Agreement and the MSBU Note attached hereto and incorporated herein by this reference, in substantially the form attached hereto as Attachment I, are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver such documents and to take such other actions as shall be necessary to consummate the Loan. SECTION 6. DELIVERY OF MSBU NOTE. The delivery of the MSBU Note to the Bank is hereby authorized. The Chairman, the Clerk, the County Administrator, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the MSBU Note and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the MSBU Note to the Bank, including, but not limited to, modifications to the Loan Agreement to conform to the Bid. SECTION 7. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. SECTION 8. SEVERABILITY. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of this resolution or of the MSBU Note or Loan Agreement delivered hereunder. SECTION 9. AMENDMENT. This resolution may not be amended or repealed except with the prior written consent of the Bank. SECTION 10. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 3 272lvI/STLOOO71J/R- AUTH MSBU LOC (NA TIONSBANK) '-" \wi PASSED AND ADOPTED this 23rd day of February, 1999, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORlDA (SEAL) By: Chainnan of the Board of County Commissioners A TIEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4 2721 v I/STLOO07IJ/R- AUTH MSBU LOC (NA TIONSBANK) '-' .....,¡ TERM LOAN AGREEMENT between ST. LUCIE COUNTY, FLORIDA and NA TIONSBANK Dated February 25, 1999 Relating to St. Lucie County, Florida $3,000,000 Special Assessment Improvement Term Loan, Series 1999 (MSBU Note - NationsBank Facility) 2718v2lSTLOOO713/A·LOAN AGREE FOR NOTE '-" ....,.¡ TABLE OF CONTENTS Page SECTION 1. DEFINITIONS. ........... ......................... .......... ......... .... ................. ................... .......... 1 SECTION 2. INTERPRETATION..... ................. ................... ........ ....................................... ...... ... 4 SECTION 3. THE LOAN. .............. ........ ................. ...... .............. .......... ...... .... ......................... ...... 5 SECTION 4. DESCRIPTION OF MSBU NOTE........................................................................... 5 SECTION 5. EXECUTION OF MSBU NOTE .............................................................................. 5 SECTION 6. REGISTRATION AND TRANSFER OF MSBU NOTE ......................................... 5 SECTION 7. MSBU NOTE MUTILATED, DESTROYED, STOLEN OR LOST ........................6 SECTION 8. FORM OF MSBU NOTE ......................................................................................... 7 SECTION 9. SECURITY FOR MSBU NOTE; MSBU NOTE NOT DEBT OF THE COUNTY.. 7 SECTION 10. COVENANTS OF THE COUNTy........................................................................ 7 SECTION 11. REPRESENTATIONS AND WARRANTIES ....................................................... 8 SECTION 12. CONDITIONS PRECEDENT ............. ................. ............................ ................. ..... 9 SECTION 13 . TAX COMPLIANCE............ ............ ........ .......................................... ....... ...... ....... 9 SECTION 14. NOTICES...... ................... .............. ........... ...... ............ ............. ........ ......... .............. 9 SECTION 15. EVENTS OF DEFAULT DEFINED ....................................................................10 SECTION 16. REMEDIES ....... ....... ....................... ........ ........... .............. .... ..... .... ..... ............ ...... 11 SECTION 17. NO RECOURSE ........... ... .......... ......... ........ ......... ...... ........... ........... ...... ............... 11 SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAyS.............. 11oSECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS ....................................11 SECTION 20. BINDING EFFECT.............................................................................................. 11 SECTION 21. SEVERABILITy........ ........................... ................................................... ............ 11 SECTION 22. EXECUTION IN COUNTERPARTS.... ........... ..................... ............................... 11 SECTION 23. APPLICABLE LAW............................. .............. ................................................. 12 2718v2lSTLOOO7JJIA·LOAN AGREE FOR NOTE '-' ...., This TERM LOAN AGREEMENT is made and entered into as of February 25, 1999, by and between ST. LUCIE COUNTY, FLORIDA (the "County"), and NATIONS BANK, West Palm Beach, Florida (the "Bank"). WITNESSETH: WHEREAS, the County has determined that it will be necessary, desirable and in the best interests of the County and its inhabitants that the County undertake the MSBU Projects hereinafter described from time to time, and that the MSBU Projects will serve essential public purposes of the County; and WHEREAS, the County has determined that it will be without adequate currently available funds to pay the Initial MSBU Project Costs, and that it will be necessary that funds be made available to the County in order to undertake the MSBU Projects; and WHEREAS, the County requested bids from various lending institutions to provide the County with financing for the Initial MSBU Project Costs; and WHEREAS, pursuant to the Bid, a copy of which is attached hereto as Exhibit B, the Bank has agreed to lend the County the aggregate principal amount of $3,000,000 to finance Initial MSBU Project Costs; and WHEREAS, the Bid was determined to be the lowest responsive bid submitted; and WHEREAS, the County has determined that it is in the best interest of the health, safety, and welfare of the County and the inhabitants thereof that the County enter into the Covenant to secure the obligation of the County to repay the principal of and interest on the MSBU Note when due; and WHEREAS, the obligation of the County to repay principal of and interest on the MSBU Note shall not constitute a general obligation or indebtedness of the County as a "bond" within the meaning of any provision of the Constitution of the State, but shall be and is hereby declared to be a special, limited obligation of the County, secured solely by the Covenant in the manner provided herein. The County is not authorized to levy taxes on any property of or in the County to pay the principal of or interest on the MSBU Note or to make any other payments prO-vided for herein. Furthermore, neither the MSBU Note nor the interest thereon shall be or constitute a lien upon the MSBU Projects or upon any other property of or in the County; NOW, THEREFORE, in consIderation of the premises and the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: SECTION 1. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: 1 2718v2lSTLOOO7\J/A-LOAN AGREE FOR NOTE '-t ....; "Act" means Chapter 125, Part I, Florida Statutes; as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions of law. "Advance" means each amount disbursed by the Bank to the County pursuant to a Requisition. "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms of the investment policy of the County and applicable law. "Bank" means NationsBank, a national banking association, acting by and through its Commercial Banking Division, 625 North Flagler Drive, West Palm Beach, Florida. "Bid" means the Bid of the Bank, a copy of which is attached hereto as Exhibit B. "Board" means the Board of County Commissioners of the County, as the governing body of the County. "Bond Counsel" means Squire, Sanders & Dempsey L.L.P. "Business Day" means any day of the year other than a day on which the Bank, or the County are lawfully closed for business. "Chairman" means the Chairman of the Board of County Commissioners of the County, or, in the Chairman's absence, the Vice-Chairman of the Board of County Commissioners, or such other person as may be duly authorized to act on the Chairman's behalf. "Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case may be, on the Clerk's behalf. "Code" means the Internal Revenue Code of 1986, as amended. "County" means St. Lucie County, Florida. "County Administrator" means the County Administrator, as the chief executive officer of the County. "Covenant" means the County's covenant to budget and appropriate funds to pay the MSBU Note and the interest thereon, as set forth in Section 10 hereof. -- "Default" means an Event of Default as defined and described in Section 16 hereof. "Disbursement Date" means any date on which proceeds of the Loan are disbursed to the County . 2 2718v2lSTLOOO713/A-LOAN AGREE FOR NOTE v .....,I "Fiscal Year" means the period úom each October 1 to the succeeding September 30. "Initial Disbursement Date" means the date on which the County receives the first Advance hereunder. "Initial MSBU Project Costs" means the MSBU Project Costs paid or incurred by the County prior to the time the MSBU Bonds for a particular MSBU Project are issued. "Interest Rate" means the interest rate shown on Exhibit B hereto. "Loan" means the loan by the Bank to the County for the purpose of financing the MSBU Project Costs pursuant to the terms of this Agreement. "Maturity Date" means the date on which all outstanding principal of the Note is due. "MSBU" means a Municipal Services Benefit Unit created pursuant to resolution of the Board adopted úom time to time. "MSBU Assessments Resolution" means the resolutions adopted by the Board with respect to an MSBU, providing for the establismnent of the MSBU and for the levy and collection of MSBU Special Assessments within such MSBU. "MSBU Bonds" means the permanent financing for an MSBU Project authorized and issued from time to time by the Board. "MSBU Bonds Proceeds" means the first proceeds, excluding accrued interest and amounts deposited into a reserve account for the MSBU Bonds, received by the County from the sales and delivery of any MSBU Bonds. "MSBU Note" means the Special Assessment Improvement Note (MSBU Note _ NationsBank Facility) of the County in substantially the form attached hereto as Exhibit A. "MSBU Project" means the improvements to be constructed within an MSBU. "MSBU Project Costs" means all or a portion of the cost ofll!ldertaking an MSBU Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the MSBU Project; reimbursement to the County for any stuns heretofore expended for the foregoing purposes (to the extent that such reimbursement is permitted under the Code); payment of interest on the Loan prior to its maturity; and such other costs and expenses as may be necessary or incidental to the financing or refinancing of the MSBU Project. "MSBU Special Assessments" means the special assessments levied within an MSBU pursuant to MSBU Assessment Resolutions. 3 27 I 8v2lSTLOOO71J/A-LOAN AGREE FOR NOTE ~ ......,¡ "Non Ad Valorem Revenues" means all revenues received by the County from sources other than the levy of ad valorem taxes upon property and not restricted by law so as to be unable to be applied to pay the principal of and interest on the MSBU Note, subject to liens upon all or any specific portion of such revenues, whether now existing or hereafter arising. "Paying Agent" means the Clerk of the Circuit Court of the County. "Payment Date" means the dates on which interest on the MSBU Note is payable, as shown on Exhibit B, hereto. "Person" or words importing persons, means finns, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations, public or governmental bodies, other legal entities, and natural persons. "Prepayment Date" means any date of prepayment of the principal of Loan by the County, whether in whole or in part. "Principal Amount" means the aggregate amount of all Advances made hereunder and outstanding at anyone time, which shall at no time exceed the principal amount of Three Million Dollars ($3,000,000). "Register" means the books maintained by the Registrar in which are recorded the names and address of the Registered Owner of the Note. "Registered Owner" means the person in whose name the ownership of the MSBU Note is registered on the books maintained by the Registrar. The Registered Owner shall be the Banle Clerk. "Registrar" means the Person maintaining the Register. The Registrar shall initially be the "Regulations" means the Income Tax Regulations promulgated by the Internal Revenue Service under Sections 103 and 141 through 150 of the Code. "Requisition" means a request for an Advance from the Bank, duly executed and delivered by the County, in substantially the fonn attached hereto as Exhibit C. "Resolution" means Resolution No. 99-_ of the Board, adopted on February 23, 1999, as amended and supplemented from time to time. "State" means the State of Florida. SECTION 2. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof (a) have been negotiated between the County and the Bank; (b) shall not be construed strictly in 4 Z718v2/STLOOO713/A-LOAN AGREE FOR NOTE '-' ...I favor of or against either party hereto; and (c) shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. SECTION 3. THE LOAN. A. Loan. The Bank hereby makes and the County hereby accepts the Loan, upon the tenns and conditions set forth herein. B. Disbursement of Proceeds. Proceeds of the Loan shall be made available in Advances made by the Bank to the County by deposit of the amount thereof to or for the order of the County by 2:00 p.m. on each Disbursement Date in immediately available funds as specified in a Requisition delivered to the Bank no later than the Business Day immediately preceding the Disbursement Date. SECTION 4. DESCRIPTION OF MSBU NOTE. The obligation of the County to repay the Loan shall be evidenced by the MSBU Note. The MSBU Note shall be dated as of the date of initial delivery thereof; shall mature as set forth in the Note; shall be in registered fonn; and shall bear interest from its date until payment of the principal amount thereof, at the Interest Rate shown on Exhibit A hereto, subject to adjustment as set forth in Schedule I to Exhibit A. Interest shall be payable as set forth on Exhibit A, calculated on the basis of a 360-day year and the actual number of days elapsed. The MSBU Note may be prepaid in whole or in part prior to maturity without penalty. SECTION 5. EXECUTION OF MSBU NOTE. The MSBU Note shall be executed in the name of the County by the Chainnan or Vice-Chainnan and attested by the Clerk or Deputy Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The MSBU Note may be signed and sealed on behalf of the County by any person who at the actual time of the execution of such MSBU Note shall hold the appropriate office in the County, although at the date thereof the person may not have been so authorized. The MSBU Note may be executed by the facsimile signatures of the Chainnan and/or Clerk, provided that at least one of the foregoing signatures must be a manual signature. SECTION 6. REGISTRATION AND TRANSFER OF MSBU NOTE. The MSBU Note shall be and shall have all the qualities and incidents of negotiable instruments under the Unifonn Commercial Code-Investment Securities Laws of the State of Florida, and each Registered Owner, in accepting the MSBU Note, shall be conclusively deemed to have agreed that such MSBU Note shall be and have all of the qualities and incidents of negotiable instruments thereunder. There shall be a Registrar who shall be responsible for maintaining the Register. The person in wnose name ownership of the MSBU Note is shown on the Register shall be deemed the Registered Owner thereof by the County and the Registrar, who may treat the Registered Owner as the absolute owner of the MSBU Note for all purposes, whether or not the MSBU Note shall be overdue, and any notice to the contrary shall not be binding upon the County or the Registrar. Ownership of the MSBU Note may be transferred only upon the Register. Upon surrender to the Registrar for transfer or exchange of the MSBU Note accompanied by an assignment or 5 2718v2lSTLOOO713/A-LOAN AGREE FOR NOTE '-" 'wi. written authorization for exchange, whichever is applicable, duly executed by the Registered Owner or its attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner or the transferee or transferees, as the case may be, a new fully registered MSBU Note of the same amount, maturity and interest rate as the MSBU Note surrendered. The MSBU Note presented for transfer, exchange, redemption or payment (if so required by the County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in fonn and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The County and the Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making any exchange or transfer after the fIrst such exchange or transfer following the delivery of such MSBU Note. The Registrar or the County may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges .and expenses shall be paid before any such new MSBU Note shall be delivered. The new MSBU Note delivered upon any transfer or exchange shall be a valid obligation of the County, evidencing the same debt as the MSBU Note surrendered, shall be secured under this Agreement, and shall be entitled to all of the security and benefIts hereof to the same extent as the MSBU Note surrendered. Whenever the MSBU Note shall be delivered to the Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such MSBU Note shall be cancelled and destroyed by the Registrar, and counterparts of a certifIcate of destruction evidencing such destruction shall be furnished to the County. SECTION 7. MSBU NOTE MUTILATED, DESTROYED, STOLEN OR LOST. In case the MSBU Note shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the Registrar satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur, the Registrar shall issue and deliver a new MSBU Note of like tenor as the MSBU Note so mutilated, destroyed, stolen or lost, in lieu of or substitution for the MSBU Note, if any, destroyed, stolen or lost, or in exchange and substitution for such mutilated MSBU Note, upon -surrender of such mutilated MSBU Note, if any, to the Registrar and the cancellation thereof; provided however, if the MSBU Note shall have matured or be about to mature, instead of issuing a substitute MSBU Note, the County may pay the same, upon being indemnifIed as aforesaid, and if such MSBU Note be lost, stolen or destroyed, without surrender thereof. Any MSBU Note surrendered under the tenns of this Section 7 shall be cancelled by the Registrar. Any such new MSBU Note issued pursuant to this section shall constitute an original, additional contractual obligation on the part of the County whether or not, as to the new MSBU Note, the lost, stolen or destroyed MSBU Note be at any time found by anyone, and such new MSBU Note shall be entitled to equal and proportionate benefits and rights as to security for payment to the same extent as the MSBY Note originally issued hereunder. 6 27 I 8v2lSTLOOO7 I3/A·LOAN AGREE FOR NOTE '-" """ SECTION 8. FORM OF MSBU NOTE. The MSBU Note shall be in substantially the fonn of Exhibit A hereto, with such variations, omissions and insertions as may be necessary, desirable and authorized or permitted by this Agreement. SECTION 9. SECURITY FOR MSBU NOTE; MSBU NOTE NOT DEBT OF THE COUNTY. The payment of the principal of and interest on the MSBU Note shall be secured forthwith solely by the Covenant. The principal of and interest on the MSBU Note shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to or compel the levy of taxes upon any property of or in the County for the payment of the principal of and interest on the MSBU Note. The Note shall not be secured by, nor constitute, a lien upon the MSBU Projects or upon any money if or in the County, but shall be secured solely by the Covenant in the manner provided herein. SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on the MSBU Note shall have been paid in full or until (a) there shall have been set apart in the Sinking Fund a sum sufficient to pay when due the entire principal of and interest accrued and to accrue on the MSBU Note to the Maturity Date, or (b) provision for payment of the MSBU Note shall have been made in accordance with the provisions of this Agreement, the County covenants with the Registered Owner of the MSBU Note as follows: A. Covenant to Budg:et and ApjJropriate. The County covenants to budget and appropriate from Non-Ad Valorem Revenues amounts sufficient to provide for the timely payment of the principal of and interest on the MSBU Note. The County shall include in its annual budget, by amendment if necessary, such amounts of Non Ad Valorem Revenues as shall be needed in order to provide for timely payment of the principal of and interest on the MSBU Note, when due; provided that the Covenant shall be deemed to be junior and subordinate to any lien upon all or any specific source of Non-Ad Valorem Revenues and shall not be deemed to preclude the County from hereafter pledging all or any specific source of Non-Ad Valorem Revenues to secure the payment of any debt or obligation of the County hereafter issued, so long as such future issuance will not have the effect of making unavailable sufficient amounts of Non-Ad Valorem Revenues in amounts reasonably anticipated to be needed to pay the principal of and interest on the MSBU Note. B. Payments. The County will punctually pay all principal of and interest on the MSBU Note when due by wire transfer or other medium acceptable to the County and the Bank. C. Financial Statements. Not later than 180 days following the end of each fiscal year, the County will provide the Bank its Comprehensive Annual Financial Report of the County. D. Annual Budget and Other Infonnation. The County will prepare its annual budget in accordance with the Act, and will provide to the Bank (i) a copy of its final annual budget for each fiscal year within 30 days of adoption thereof by the Board and (ii) such other public infonnation as the Bank may reasonably request. 7 27 I8v2lSTLOOO7IJ/A-LOAN AGREE FOR NOTE '-" .....¡ E. Tax Compliance. The County will take all actions necessary to maintain the exclusion from gross income for purposes of the Code of interest on the Note to the same extent as on the date of issuance of the Note. F. Year 2000 Covenants. The County covenants to take all action reasonably necessary to assure that the County's computer-based systems are able to operate and effectively process data, including dates, on and after January 1, 2000. G. Other Covenants. The County shall comply with such additional covenants as may be required by the Bank pursuant to its Official Bid and specified in Exhibit B attached hereto. SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and warrants to· the Bank that: A. Onzanization. The County is a political subdivision, duly organized and existing under the laws of the State of Florida. B. Authorization of Agreement and Related Documents. The County has the power and has taken all necessary action to authorize the execution and delivery of and the performance by the County of its obligations under, this Agreement and the MSBU Note in accordance with their respective terms. This Agreement and the MSBU Note have been duly executed and delivered by the County and are valid and binding obligations of the County, enforceable against the County in accordance with their respective terms, except to the extent that such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general principles of equity regarding the availability of specific performance. C. Non Ad Valorem Revenues. The County currently receives the Non Ad Valorem Revenues and is legally entitled to covenant to budget and appropriate from such Non Ad Valorem Revenues amounts necessary to pay the principal of and interest on the MSBU Note when due. The Non Ad Valorem Revenues are estimated to be sufficient to pay the principal of and interest on the MSBU Note as the same becomes due prior to the Maturity Date and, together with MSBU Bonds Proceeds, to pay all principal of and interest on the MSBU Note on the Maturity Date. The County shall take all lawful action necessary to enable the County to continue to receive the Non Ad Valorem Revenues in at least the amounts necessary to pay principal and interest on the MSBU Note to the extent not paid from some other source. D. Financial Statements. The financial statements of the County for the Fiscal Year ended September 30, 1997, previously provided to the Bank have been prepared in accordance with generally accepted accounting principles and present fairly the financial condition of the County as of such date and the results of its operations for the period then eneIe{[-since such date, there has been no material adverse change in the financial condition, revenues (including, without limitation, the Non Ad Valorem Revenues), properties or operations of the County. SECTION 12. CONDITIONS PRECEDENT. The obligation of the Bank to make the Loan is subject to the satisfaction of each of the following conditions precedent on or before the Initial Disbursement Date: 8 27J8v2lSTLOOO713/A-LOAN AGREE FOR NOTE ......". -....I A. Action. The Bank shall have received a copy of the Resolution certified as complete and correct as of the closing date, together with an executed Agreement, the executed MSBU Note, and the customary closing certificates. B. Incumbency of Officers. The Bank shall have received an incumbency certificate of the County in respect of each of the officers who is authorized to sign this Agreement and the related financing documents on behalf of the County. , C. Opinion of Counsel to the County. The Bank shall have received a written opinion of counsel to the County addressing matters relating to (1) the corporate existence of the County; (2) the due adoption of the Resolution; (3) the due authorization and execution of this Agreement and the MSBU Note and the related financing documents; and (4) the absence of litigation against the County relating to its existence or powers, or the proceedings for the authorization and issuance of the MSBU Note, in fonn and substance satisfactory to the Bank. D. Opinion of Bond Counsel. The Bank shall have received an approving opinion of Bond Counselor, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the approving opinion of Bond Counsel delivered to the County in respect to the MSBU Note to the same extent as if such opinion were addressed to the Bank. E. Representations and Warranties: No Default. The representations and warranties made by the County herein shall be true and correct in all material respects on and as of the Initial Disbursement Date, as if made on and as of such date; no Default shall have occurred and be continuing as of the Initial Disbursement Date or will result from the consummation of the Loan; and the Bank shall have received a certificate from the County to the foregoing effect. F. Other Documents. The Bank shall have received such other documents, certificates and opinions as the Bank or its counsel shall have reasonably requested. SECTION 13. TAX COMPLIANCE. Neither the County, nor any third party over whom the County has control, will make any use of the proceeds of the MSBU Note at any time during the tenn hereof which would cause the MSBU Note to be a "private activity bond" within the meaning of Section 103(b)(I) of the Code or an "arbitrage bond" within the meaning of Section 103(b)(2) of the Code. The County covenants throughout the tenn of the MSBU Note, to comply with the requirements of the Code and the Regulations, as amended from time to time. SECTION 14. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered, delivered by telecopier, mailed by registered or certified mail, postage prepaid;-or delivered by courier service to the parties at the following addresses: County: St. Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Attention: County Attorney 9 27 I 8v2JSTLOOO7 I J/A-LOAN AGREE FOR NOTE '-' ....., Banlc NationsBank 625 N. Flagler Drive, 10rh Floor West Palm Beach, Florida 33401 Attention: Vanessa Grahm, Commercial Lending Officer Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Communication via telecopier shall be confinned by delivery by hand, mail, or courier, as specified above, of an original promptly after such communication by telecopier. SECTION 15. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default under this Agreement, and the tenns "Default" and "Events of Default" shall mean (except where the context clearly indicates otherwise), anyone or more of the following events: A. failure by the County to make any payment of principal of or interest on the Note within three (3) days of the applicable Payment Date or the Maturity Date. B. failure by the County to observe and perfonn any covenant, condition or agreement on its part to be observed or perfonned under this Agreement for a period of thirty (30) days after written notice of such failure shall have been delivered to the County by the Bank, unless the Bank shall agree in writing to an extension of such time prior to its expiration; C. the making of any warranty, representation or other statement by the County or by an officer or agent of the County in this Agreement or in any instrument furnished in compliance with or in reference to this Agreement which is false or misleading in any material adverse respect; D. the filing of a petition against the County under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, if an order for relief is entered under such petition or such petition is not dismissed within sixty (60) days of such filing; E. the filing by the County of a voluntary petition in bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent by the County to the filing of any petition against it under such law; or F. the admission by the County of its insolvency or bankruptcy or its inability to pay its debts as they become due or that it is generally not paying its debts as such debts become due, or -the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors, or the appointment by court order of a custodian (including without limitation a receiver, liquidator or trustee) of the County or any of its property taking possession thereof and such order remaining in effect or such possession continuing for more than sixty (60) days. SECTION 16. REMEDIES. The Bank may sue to protect and enforce any and all rights, including the right to specific perfonnance, existing under the laws of the State of Florida, of the 10 2718v2lSTLOOO713/A-LOAN AGREE FOR NOTE ~ ~ United States of America, or granted and contained in this Agreement, and to enforce and compel the performance of all duties required by this Agreement or by any applicable laws to be performed by the County, the Board or by any officer thereof, and may take all steps to enforce this Agreement to the full extent permitted or authorized by the laws of the State of Florida or the United States of America. SECTION 17. NO RECOURSE. No recourse shall be had for the payment of the principal of and interest on the MSBU Note or for any claim based on the MSBU Note or on this Agreement, against any present or former member or officer of the Board or any person executing the MSBU Note. SECTION 18. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 19. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may be amended only in writing signed by both parties hereto. SECTION 20. BINDING EFFECT. To the extent provided herein, this Agreement shall be binding upon the County and the Bank and shall inure to the benefit of the County and the Bank and their respective successors and assigns. SECTION 21. SEVERABILITY. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 22. EXECUTION IN COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 23. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State. 11 27 I 8v2/STL0007I3/A-LOAN AGREE FOR NOTE ~ ...., IN WI1NESS WHEREOF, the parties hereto have duly executed this Agreement as of the date fIrst above written. (SEAL) ATTEST: By: Clerk of the Circuit Court, ex-offIcio Clerk of the Board of County Commissioners 27 I8v2/STLOOO7I 3/A-LOAN AGREE FOR NOTE ST. LUCIE COUNTY, FLORIDA By: Chainnan of the Board of County Commissioners APPROVED AS TO FORM AND CORREC1NESS: County Attorney NATIONSBANK By: Title: 12 \wi '...I EXHIBIT A FORM OF NOTE No. R-l $3,000,000 ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT TERM LOAN, SERIES 1999 (MSBU NOTE - NA TIONSBANK FACILITY) RATE OF INTEREST MATURITY DATE DATE OF ISSUE % August 25,2001 February 25, 1999 REGISTERED OWNER: NationsBank MAXIMUM PRINCIPAL AMOUNT: Three Million Dollars KNOW ALL MEN BY THESE PRESENTS, that S1. Lucie County, Florida (the "County"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the total of the outstanding Advances shown on Schedule 2 attached hereto and forming a part hereof (the "Schedule"), not to exceed the Maximum Principal Amount shown above, upon presentation and surrender hereof at the office of the County Finance Director as Bond Registrar and Paying Agent, and to pay solely from such funds interest thereon from the date of this Note or from the most recent Interest Payment Date to which interest has been paid, whichever is applicable, until payment of such total outstanding Advances, at the applicable Rates of Interest per annum set forth on the Schedule for each portion of such total outstanding Advances, such interest being payable annually on each anniversary of the Date of Issue, with all unpaid interest being due on the Maturity Date or at the time of prepayment of a portion of the total outstanding Advances, by check or draft mailed on or before the Payment Date or Maturity Date, to the Registered Owner at his address as it appears on the registration books of the County kept by the Registrar; provided, that such payment may at the written request of such Registered Owner be by wire transfer or other medium acceptable to the County and to such Registered Owner. The principal of, premium, if any, and interest on this Note are payable in lawful money of the United States of America. This Note is issued to finance the initial costs of the acquisition and construction of various MSBU Projects within the County under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Part I, Florida Statutes, Ordinance No. 87-77 of S1. Lucie County, Florida, as amended, and other applicable A-I 27 18v2lSTLOO0713/A-LOAN AGREE FOR NOTE '-'" '-" prOVISIons of law, and Resolution No. 99--, duly adopted by the Board of County Commissioners (the "Board") on February 23, 1999 (the "Resolution"), and a Loan Agreement between the County and NationsBank, dated February 25, 1999 (the "Agreement"), to which reference should be made to ascertain those terms and conditions. This Note is payable from and secured solely by the covenant of the County, contained in Section 11 of the Agreement, to annually budget and appropriate and pay to the Registered Owner hereof the amount due and payable under the Note on each Payment Date and on the Maturity Date (the "Covenant") all in the manner provided in and subject to the terms and conditions of such Resolution and the Agreement. The principal of and interest on this Note shall not constitute a general obligation or indebtedness of the County, and the Registered Owner shall never have the right to require or compel the levy of taxes on any property of or in the County for the payment of the principal of and interest on this Note. The principal of and interest on this Note shall not be secured by a lien upon the MSBU Projects, or upon any property of or in the County, but shall be secured solely by the Covenant in the manner provided herein and in the Agreement. Reference is made to the Agreement for the provisions relating to the security for payment of this Note and the duties and obligations of the County hereunder. This Note may not be transferred or assigned by the Registered Owner without the prior written consent of the County. It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to and in the issuance of this Note, have been performed, exist and have happened in regular and due form and time as so required. A-2 27 I SvVSTL0007 I J/A-LOAN AGREE FOR NOTE '-" ....., IN WI1NESS WHEREOF, St. Lucie County, Florida, has caused this Note to be executed by the Chainnan or Vice-Chairman of its Board of County Commissioners, and attested by the Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, as of this 25th day of February 1999. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chainnan, Board of County Commissioners A TrEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners A-3 2718v2lSTLOOO713/A-LOAN AGREE FOR NOTE ~ "" SCHEDULES TO ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT IMPROVEMENT TERM LOAN, SERIES 1999 (MSBU NOTE - NATIONSBANK FACILITY) 27 I8v2/STLOOO7IJ/A-LOAN AGREE FOR NOTE '-" "-" SCHEDULE 1 ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS Adjustment to Interest Rate (a) Change in Maximum Corporate Tax Rate. If the maximum federal corporate income tax rate for the Registered Owner during any period in which interest is accruing, shall be other than 34%, then the intérest rate on the Note during such period shall be modified by multiplying the interest rate on the Note (as adjusted) by a traction equal to (1 - A)/.66 where A equals the maximum marginal corporate income tax rate then in effect. (b) Loss of Federal Income Tax Deduction for State Income Taxes. If the federal income tax deduction for state income taxes paid on the interest on the Note during any period is reduced because of any change in the tax laws or regulations, then the percentage interest rate per annum on the Note shall be increased during such period by A x B x C x D where: A equals the fraction (expressed as a decimal) of the total state Income tax disallowed as a result of such tax law change; B equals the rate of the applicable state income tax (expressed as a decimal); C equals the maximum federal corporate tax rate then in effect for the Registered Owner (expressed as a decimal); and D equals the interest rate on the Note (expressed as a percentage). (c) Partial Taxability. If the interest on the Note during any period becomes partially taxable because of any change in the tax laws or regulations, then the interest rate on the Note shall be increased during such period by an amount equal to (A - B) x C where: A equals the Taxable Rate (expressed as a percentage); B equals the interest rate on the Note (expressed as a percentage); and C equals the fraction of the interest on the Note which has become taxable as the result of such tax change (expressed as a decimal). (d) Loss of Deduction Under Section 265(b)(3)(B) of Internal Revenue Code. In the event the Note is determined not to be a "qualified tax exempt obligation" within the meaning of Section 265(b)(3)(B) of the Internal Revenue Code, then the original interest rate on the Note shall be adjusted to a rate equal to four and seventy-two hundredths percent (4.72%) per annum and any other adjustments made pursuant to this Schedule 1 shall be recalculated using the adjusted rate. (e) Other Change in Tax Laws. If the tax laws or regulations are amended to cause the interest on the Note to be taxable, to be _subject to a minimum tax or an alternative minimum tax, or SCHEDULE 1-1 2718v2lSTLOOO7IJ/A-LOAN AGREE FOR NOTE '-" 'wII to otherwise change the after tax yield on the Note to the Registered Owner (directly or indirectly, other than a change described in (a) through (d) above or because of a Determination of Taxability) then the interest rate on the Note shall be adjusted to cause the yield on the Note, after payment of any increase in tax, to equal what the yield on the Note would have been in the absence of such change or amendment in the tax laws or regulations. The above adjustments shall be cumulative, but in no event shall the interest rate on the Note exceed the lesser of the maximum permitted by law or the Taxable Rate set forth below. The above adjustments to the interest rate on the Note shall be effective on the effective date of the applicable change in the tax laws or regulations. All tax rates and interest rates are expressed as annual rates; however, proper partial adjustment shall be made if the tax law change is effective after the first day of the Registered Owner's tax year or if the interest on the Note does not accrue for the entire tax year of the Registered Owner. Adjustments which create a circular calculation because the interest rate on the Note is affected by the calculation shall be carried out sequentially, adjusting the interest rate on the Note accordingly in each successive calculation using as the new value the adjusted interest rate on the Note, until the change on the interest rate on the Note caused by the next successive calculation of the adjustment is de minimis. If more than one of paragraphs (a) through (e) apply, then the interest rate on the Note shall be adjusted in the order in which listed above. Taxable Rate Notwithstanding the foregoing, in the event of a "Determination of Taxability" (as hereinafter defined), the Note shall bear interest at a rate equal to five and seventy-five hundredths percent (5.75%) per annum (the "Taxable Rate"), from and after and retroactively to the date as of which such Determination of Taxability is made and the Registered Owner shall be entitled to such additional interest on this Note. For purposes hereof, "Determination of Taxability" means the circumstance of the interest on the Note becoming includable for federal income tax purposes in the gross income of the Registered Owner as a consequence of any act, omissìon or event whatsoever and regardless of whether the same was within or beyond the control of the County. A Determination of Taxability will be deemed to have occurred upon (i) the receipt by the County or the Registered Owner of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency which holds that the interest on the Note is includable in the gross income of the Registered Owner; (ii) the issuance of any public or private ruling of the Internal Revenue Service that the interest on the Note is includable in the gross income of the Registered Owner; or (iii) receipt by the County or Registered Owner of an opinion of counsel to the Registered Owner that the interest on the Note has become includable in the gross income of the Registered Owner for federal income tax purposes. For all purposes of this definition, a Determination of Taxability will be deemed to occur on the date as of which the interest on the Note is deemed includable in the gross income of the Registered Owner. Default Rate Any amount due and not paid under the Note within thirty (30) days from the date due shall bear interest at a default rate of eight percent (8%) per annum until paid. SCHEDULE 1-2 2718v2lSTLOOO713/A-LOAN AGREE FOR NOTE '-' ..., Maximum Rate In no event shall the interest rate charged or the interest paid on the Note be in excess of the maximum interest rate or the maximum amount permitted to be paid under applicable law. Miscellaneous The above-adjustments to the interest rate on the Note shall survive the payment of the Note until such time as all applicable statutes of limitation, whether state or federal, for the adjustment of relevan,t tax liability of the owner of the Note shall have expired. Any amount due to the owner of the Note as a result of the retroactive adjustment to the interest rate on the Note shall be paid to the owner, former owner, as applicable, of the Note on the next February 1 or August 1 following the date of adjustment provided that if the Note shall have been paid, such amount shall be paid immediately. SCHEDULE 1-3 27 I 8v2lSTLOOO713/A-LOAN AGREE fOR NOTE '. . ~ o ~ ;;;- ~ ~ ~ ~ ~ Üoo z ~~ ~~ ~~ M~~~~~ ~8ª~~~ ~~~~s~ =ü~æ2~> ~~~~z~ ~~ ~~ 0000 E-i:;) 00 0 r" ~ Z '#.l 00 ;;¡ ~ = ~ 00 ~ 6 ~ u ~ ~ 00 ~ .~ f-o tI) ~ ~ ~ ...¡ < e:: u ~ 0... 0 ~< <0... o~ 0... ...¡ æ ~ 0 - ~ f- tI) ~I ~f- ~;2 ~ ~~ 0< ::;E> <0 < ~ ~I ~ f----- Ô ~ 1 rño SZ CI ~ ~ - I N Ç.Q ....:I :::J Q Ç.Q ::r: u 00 U r- o z '" o u. UJ UJ '" o -< z -< o ..J ~ .... o o o ..J r- ~ '" ~ .... '" '-" ''''; " . SCHEDULE 2-1-1 REQillSITION NO.1 INTEREST PRINCIPAL PRINCIPAL DATE PAYMENT PAYMENT BALANCE , SCHEDULE 2-1-1 27 I 8v2lSTLOOO71J/A-LOAN AGREE FOR NOTE '-'" ...., .., . . EXHIBIT B BID LEITER B-1 271 8v2/STLOOO713/A-LOAN AGREE FOR NOTE I Iþ . ~ .. 2718v2lSTLOOO7IJ/A-LOAN AGREE fOR NOTE '-' EXHIBIT C FORM OF REQUISITION C-l ...... """ \...-' '-" """ AGENDA REQUEST ITEM NO. ~ DATE: 2/23/99 REGULAR [xx] PUBLIC HEARING CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT) : Administration Doug Anderson SUBJECT: Treasure Coast Opera Society BACKGROUND- See attached memo FUNDS AVAIL _ : PREVIOUS ACTION: RECOMMENDATION: Commissioner Lewis requests Board discussion on the request for emergency funding from the Treasure Coast Opera Society. COMMISSION ACTION: CONCURRENCE: [ ,] APPROVED [] DENIED [V] OTHER :GIVE $ 5 0 0 0 FOR NOW. PROVIDE INFORMATION TO COMM. BARNES, REAGENDA FOR MARCH 2, 1999 FOR BALANCE OF THE FUNDS. EXPLORE USE OF TDC FUNDS INæEAD OF CONTINGENCY FUNDS Review and ~prova1s FOR ADVERTISING. ~2U4 Douglas M. Anderson County Administrator County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: {Check for Copy only, if applicable)___ Eff. 5/96 , '-' .., TO: M EM 0 RAN D ~)f99-4l BOARD OF COUNTY COM~S~tRS DOUGLAS M. ANDERSON.¡'è4'UNTY ADMINISTRATOR FEBRUARY 19,1999 FROM: DATE: SUBJECT: TREASURE COAST OPERA SOCIETY, INC. EMERGENCY FUNDING REQUEST Commissioner Lewis has requested that we place on the February 23, 1999 Agenda the Emergency Funding Request in the amount of $10,000 received from the Treasure Coast Opera Society, Inc. If all or a portion of this $10,000 is granted, the funding would have to come from the County's contingency fund. Thank you. DMA:99-43 C: Harvey Lincoln, Management/Budget Manager Philip F. Freeland, Assistant County Administrator Dan McIntyre, County Attorney '4.... '-" ~ .r~ CCoad{JjuMra!7~ fnc. 1309 Indiana Avenue, Ft. Pierce, FL 34950 (561) 465-6204 ~ Fax. (56.1)"464-4257 February 3, 1999 - Carlos Barrena GENERAL DIRECTOR Board of County Commissioners St. Lucie County Administration Building 23PO Virginia Avenue Fort Pierce, FL 34982 Dear Commissioner: Over the past six weeks or so, we have been privileged to meet with each of the Count Commissioners in private session, to outline our situation in the cultural life of our area. We have pcinted out our twenty-one year record of having served the Treasure Coast community with the finest of classical operas obtainable; the fact that we are revenue producing; that we are involved in training chorus singers of all ages from this area; that we are a proven tourist-attracting endeavor; that we have consistently put St. Lucie County "on the map" of classical music by way of publication in the international magazine of opera, "OPERA NEWS". We now have a three-part request to make of the Commissioners. The first i&~for an emergency grant of $10,000 to enable us to complete the 1998/99 Season. We are less than halfway through the program, and find ourselves at the mercy of reduced income, insufficient contributions from private and other sources and caught in the trap of steadily-rising expenses. We feel that, after twenty-one years, we are ;ustified in coming to the entity which we have been serving for help. The second request involves a place on the County budget for an annual grant of $10,000, replacing a grant which for many years the County allocated to us, and which was arrested seve- ral years ago. This would enable us to extend our community outreach dramatically and efficiently. This Season, we are actively spotlighting several ensembles from Lincoln Park Academy in 'the operas, including Dr. Diane Float's young musi- cians. FrancesK. Sweet Magnet Elementary has been represented by Ms. Christine Hill's Chorus as well. There are many ways in which we could further enhance the cultural/educati~al climate of our residents and guests, but we have no further resources at this time. Third, we point to the condition of the Civic Center, whose present lighting and sound systems need a major overhaul. Equipment which has been used constantly over the years since the Civic Cen.ter was built is in need of replacement. Other items require attention, such as the Riser seats, which are very shaky. We would like to remind the Commissioners that the Civic Center is the only such facility between large enough to accomodate a major stage event. '-" """ Page 2 When the Civic Center was origin~lly built, it was presented to th~ voting public as a facility for the use~of the people of the County. It was never intended to be principally a money-maker, any more than the Amphitheatre or the various County stadiums are considered in that light. The fact is, that if the Civic Center were renovated, it COULD be a very viable facility for revenue-producing events and, properly managed, could be busy constantly. We are making tremendous strides in St. Lucie County, in so many directions, that it seems unwise to overlook the obvious state of our cultural level. We can seek ways to attract those tourists and winter guests whose lives in the metro- politan cities of the north have accustomed them to lively and various entertainment. We can encourage schools of classical musical training to be established and flourish. Please consider our request. If the situation could be handled in any other way, we would not burden the County. Thank you for your interest and understanding. Please instruct us as to how to proceed. You ~_.s--v-e-t y t ~u I Y , //:;§aJ~ ð~ ( Carlos Barrena ~General Director, TCOS ------- t '-" """" M E M 0 R A N- DUM TO: Doug Anderson, County Administrator FROM: Commissioner Frannie Hutchinson DATE: February 5, 1999 SUBJECT: Civic Center Attached is a letter I received from the Treasure Coast Opera Society regarding the condition of the civic center and a request for some emergency funding for the Opera Society.. Is it possible for some funding? What about a recommendation to both cities to assist in the funding since it benefits all residents of St. Lucie County? It would be a great loss not to help provide for our cultural future as a County. Improvements to the Civic Center would enhance the chances for larger audiences which means more revenue to those renting the civic center as well as St. Lucie County. #99-40 Attachment '.--\ - --~-'-'rr~r(n- '\7 ~ ~-. \1 , [I' l~' l"J ". :' "'; I', I r : I , J ¡---.-----.-....' .. ---, ,; ;' < ; . , FLB 9 I~(y) L - ~;j~i ." 1.---.....-- cc: Board of County Commissioners County Administrator ~ CONSENT AGENDA '. ! 'wi --"- ...-."-. - - -.-- 02119/99 '-" .."", ST. LUCIE COUNTY - BOARD PAGE 1 FZABVARR \TARRANT LIST 121- 13-FEB-99 TO 19-FEB-99 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 240,985.47 273,143.96 001116 Sec 112/MPO/FBVA/Planning 98/99 276.26 3,311.34 001120 Community Services Block Gmt 98/99 2,996.90 218.75 001221 00l-DEP-Childrens's Enviro Museum 6,074.06 0.00 001229 FBIP Boating Related Activities 1,300.00 0.00 001235 TDC Planning Grant 98/99 0.00 151.77 001236 TDC Non-Sponsored Trip Grant 98/99 16,490.00 0.00 001242 98/99 E. M.. P.A. 4,185.00 0.00 101 Transportation Trust Fund 110,545.44 90,324.53 101001 Transportation Trust Interlocals 4,200.00 0.00 101002 Transportation Trust/80% Constitut 3,130.00 0.00 101003 Transportation Trust/Local Option 155,908.78 0.00 102 Unincorporated Services Fund 658.46 30,693.52 102001 Drainage Maintenance MSTU 70,629.12 2,914.08 102103 Urban & Community Forestry 97/98 11. 50 936.80 105 Library Special Grants Fund 3,099.75 1,925.60 107 Fine & Forfeiture Fund 56,175.13 56,402.82 140 Port & Airport Fund 7,392.86 6,168.56 160 Plan Maintenance RAD Fund 3,996.58 2,316.50 182 Environmental Land Acquisition Fund 17.48 1,431. 39 183 Ct Administrator-19th Judicial Cir 39.52 3,673.11 183001 Ct Administrator-Arbitration/Mediat 120.56 2,449.60 183206 FDJJ-Teen Court 98/99 13.80 0.00 185203 FHFA-SHIP 98/99 15.18 1,232.80 186 Recycling Operating Fund 697.01 .1,334.69 186202 DEP-Recycling & Education 98/99 175.65 444.89 304 Communication System Fund 5,011.51 0.00 315201 OOS-315-Fort Pierce Branch Library 249,182.00 0.00 316 County Capital 3,194.57 0.00 382 Envitonmental Land Capi tal Fund 134,219.70 0.00 401 Sanitary Landfill Fund 35,496.34 24,969.76 401211 DEP-Vaste Tire 98/99 1,142.25 0.00 418 Golf Course Fund 4;691.86 15,902.91 421 H.E.V. Utilities Fund 61. 22 168.82 441 North Hutchinson Island Utilities 679.59 2,815.49 451 S. Hutchinson Utilities Fund 2,935.88 2.646.48 461 Sports Complex Fund 11,353.10 8,647.57 491 8uilding Code Fund 176.33 15,042.39 501 Automated Services Fund 33,693.74 48,507.22 505 Health Insurance Fund 212,882.42 0.00 510 Service Garage Fund 7,878.28 7,619.36 611 Tourist Development Trust-Adv Fund 1,520.26 2,846.36 625 Law Library 320.99 0.00 GRAND TOTAL: 1,393,574.55 608,241.07 , y AGENDA REQUEST 'wi ..2. ITEM NO. C -(4!!!15 '-' DATE: 2-23-99 REGULAR PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Transfer of funds to cover payments in excess of aggregate cap for the EMSA Correction Care contract, from reserves established for that purpose. BACKGROUND: There is an aggregate cap of $200,000 on the EMSA contract for providing medical care for inmates. Payment for claims in excess of the cap are split between EMSA and the covered agency. When the EMSA contract was transferred to the Sheriff's Department, the reserve for payment of excess claims was retained in the Fine & Forfeiture Fund. A payment on excess claims is now due, and we need to transfer the funds reserved for this purpose to the proper account for payment. FUNDS AVAILABLE: Funds are available in account # 107-2115-599320-200 PREVIOUS ACTION: Same action, agenda item C-6-A, April 28, 1998. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the transfer of funds in the amount of $146,645 from reserves for inmate medical to inmate medical expenses. COMMISSION ACTION: CONCURRENCE: [JÍ APPROVED [] DENIED [ ] OTHER: iÞt.~ Doug An~ County Administrator County Attorney: ~ ;Jð. Coordi nation/Sianatures Management & Budget: xxV Public Works: Purchasing: Originating Dept: Other: (RISK) Finance: (Check for Copy only, if applicable) _ ,.... 01/ .. . '-' ,,! 'rt^~. ¡:;' vA r.: , -. ..-..:'~.~ .... ~ ~, ¡:,C",-" , (_/J --.. 5 ICC-' . . Fr: Henry Walker, Comptroller, Sheriffs Office " "'.- /)~ ~, -:'~:~-;':.:-.,?/:~,- ~r~//¿"~': To: Mr. Joe Finnegan, Risk Manager Date: February 3, 1999 Re: E.M.S.A. Aggregate CAP Reconciliation Enclosed is the aggregate CAP reconciliation from E.M.S.A. for the period 8/1/97- 7/31/98, totaling $146,644.51. Also enclosed is a letter from Philip Hoelscher, that you requested, showing that he has reviewed and verified the cap against the actual catastrophic expenses. Similar to the procedure from last year, please review, process and instruct Finance to pay this amount directly to E.M.S.A. at the following address: E.M.S.A Correctional Care 1200 South Pine Island Road Suite 600 Fort Lauderdale, Florida 33324-4460 Att: Todd Schwartz, Regional Vice President Thank you very much for your cooperation. cc: Harvey Lincoln, Management and Budget Manager Major Lillie Miller Undersheriff Dennis Williams EMSA CORRECTIONAL CARE ElISA Correctional Care 1200 South Pine Islo.nd Road Suite Six Hundred '-'" d~ ~ÿ ...", January 25,1999 Major Lillie Miller St. Lucie County Sheriff's Office 900 N. Rock Road Fort Pierce, FL 34945 RE: Total Cap Aggregate Calculation 97/98-2nd Revision Fort Lauderdale, Flcrida Dear Maj or Miller, 33324-4460 305424-36ì2 800 422-36ì2 MEMIER DM$ION .. V lnPhvNct IIItIlCllll. ........... Please find the latest reV1Slon for the aggregate cap calculations for period 8/01/97 through 7/31/98. After discussion with Phil Hoelscher, I have also attached all supporting reports. Please feel free to call me should you have any further questions. Respectfully, To¿:!1~ Regional Vice President EMSA Correctional Care cc: Phil Hoelscher, Contract Monitor, Medical Management Services Bob Castille, ChiejOperating Vfficer, EMSA Correctional Care Jane Gomez, Corporate Accounting Manager, EMSA Correctional Care ......-..... millO 125.doc / .):. '-'" '-II January 27, 1999 St. Lucie County Sheriffs Office Major Miller Concerning last years ~nlract, I reviewed the 1997/1998 yearly catastrophic cap of $225)000.00 against the actual catastrophic expenses through twelve months of the contract. It appears that the catastrophic yearly contract cap. with HIV and Viral Load Testing expenses included, is exceeded, by EMSA, by an estimated $253,859.00. This relates as a charge to the Sheriff/County of $146,644. Keep in mind that this number includes the HIV Protease Inhibitor and Viral load expense cost of $26,606.00. The 1997/1998 Aggregate CAP Calculation is: Total Medical Claims paid by EMSA $452,252.91 Total Protease Inhibitor costs $23,086.43 Total Viral Load costs $3,520.00 Total Applicable Claims $478,859.34 Less Yearly Aggregate CAP Umit $225,000.00 Total Claims exceeding CAP $253,859.34 Par contract St. Lucie is responsible for 50% of excess claims, per year, between $225,000.00 and $400,000.00 or $175,000.00 x 50%= $87,500.00 Per contract st. Lucie is responsible for 75% of excess claims, per year, qver $400,000.00 or $78,859.43 x 75%= $50, H4.25 .5 '7/ '/ /1,5/ . Generating a Total Due EMSA of $146,&44.%5 /7'6) c:b Y ~ 5"'/ I had requested that EMSA have all applicable inmate medical invoices validated and summarized as to appropriate payment by January 1st. I also noted that would not approve the year end claim summation until it was demonstrated that the care givers of off~site inmate health services Le. Hospital, Physician etc. had exhausted all avenues for potential third party claims. This was recently accomplished with a notarized letter from the hospital attached to a list of all inmates provided care stating that all appropriate efforts for deflective billing had been made by the hospital. I reviewed this with EMSA management, in detail, during our recent MAC meeting and found the submission com d required and correct. oelscher Presi nt Alliance Medical Management t7!;lrr ) ~~ '-" ......, .---- EMS A Correctional Care St. Lucie Total Aggregate CAP Reconciliation -- $225,000.00 Period: 8/1/97-7/31/98 A¡z¡zreg:ate CAP Calculation: Total claims paid per report: Total Protease Inhibitors cost: Total Viral Load cost: $452,252.91 $ 23,086.43 $ 3.520.00 Total Applicable Claims: $478,859.34 '- a) $400,000.00 - $225.000.00 $175,000.00 x 50% = $87,500.00 b) $478,859.34 $400.000.00 $78,859.34 x 75% = $59,144.50 c) $ 87,500.00 $ 59.144.50 $146,644.5-&' S) Total due EMSA Correctional Care stlu121.doc ..---... ). -/- fl¡ Mh~ EMSA CORRECTIONAL CARE £¥J.! CcrrecticnaI Care 12fJJ ScuJh Pine /sJm¡¡j Road Suite SiJ: Huntireti Fort ÚIJJIierritJk, Flcrida 33324-4460 954 424-3672 sœ 422-36i2 MEMBE:A COMPANY .. W lnPhyNct "'EOIC.A.l~EMEI(1... ........ ....., November 6, 1998 St. Lucie County Sheriffs Office Lillie Miller, Major 900 North Rock Road Fort Pierce, FL 34945 RE: 8/1/97 - 7/31/98 Total Aggregate Reconciliation Pursuant to the agreement between EMSA Correctional Care and the St. Lucie County Sheriffs Office, I am submitting the Total Aggregate Reconciliation for the period 8/1/97 - 7/31/98. Please accept this letter and the supporting documentation as an invoice for the amount due to EMSA. Your assistance in forwarding this for payment is very much appreciated., Should you have any questions, please call me at 1-800-422- 3672, ext. 5706. Sincerely, J "lJ Jd..~ Todd Schwart2/---. RegionalAJice P~esident EMSA Correctional Care cc: Bob Castille, Chief Operating Officer Phil Hoelscher, Contract Monitor I. Icheryl\tooC\ltmiller. doc AGENDA REQUEST ITEM NO. DATE: February 23, 1999 "INVESTMENT FOR THE FUTURE" REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PURCHASING CHARLES BICHT SUBJECT: Award of Bid #99-09 Bridge Replacement at Orange Ave. & Cow Creek BACKGROUND: On December 23, 1999 bids were opened for the Bridge replacement at Orange Ave. And Cow Creek. Fifty vendors were notified (nine are minority owned), twenty eight sets of bid documents were distributed (two are minority owned) and five bids were received (one is minority owned).The low bidder is Sheltra & Son Construction Company, Inc. in the amount of 214,731.25. FUNDS AVAIL.: 101002-41123-599330-43110 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of bid #99-09 Bridge Replacement at Orange Avenue & Cow Creek to the low bidder Sheltra & Son Construction Co in the amount of $214731.25, approve the budget as proposed in the attached from the Division of Engineering and authorize the chairman to sign the contract as prepared by the County attorney. COMMISSION ACTION: £\11 APPROVED [] DENIED [ ] OTHER: CONCURRENCE: County Administrator County Attomey:(X) ~ Coordination!Signatùres Mgt& Purchasing Mgr.:(X} Originating Other: Finance: (Check for Copy only, if Applicable}_XX_ Eff. 1/97 H:\WP\AGENDAS\BrDS\99~09 award.wpd Charles L. Bicht, Sr. Purchasing Manager Don West, County Engine~~ Barbara Meinhardt, Budget & Revenue Coordinator Brian J. Barnes, Capital Project Engin~ February 4, 1999 ~t - .. To: Via: Via: From: Date: ',-, ....,¡ c~ DIVISION OF ENGINEERING MEMORANDUM ß?r'r\ Subject: Award of the Orange Avenue @ Cow Creek Bridge Replacement Bid #99-09 :-:.::.:.:.:.:-:.::.:.:.:.::-:-:.:.::.:.:.:.:-:.:.:':-:':':':':.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:-:.:.:-:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:-:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:-:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:-:.:. .-.........-:.....-."............................................................-................................................................................................................................................................................................................................................................................... ...~..............~......~..........................':.......~...............................................................................................................................................................................................................................................................................-................... ...~..................~..........~..~..............................................................................................~.............."..................-...........~.."...............................................................................................................................~..................-.................... This project will replace an existing deteriorated wood bridge under Orange Avenue, just east of the Okeechobee County Line, with an 84" concrete culvert. This project was budgeted in the 1998-99 Capital Budget. On December 23, 1998 bids for this project were opened in your office. We have reviewed all 5 of the bids received and found no mathematical errors that effected the low bidder. The base bid included the installation of metal pipe. There was an alternate bid that substituted concrete pipe for the metal pipe. Because of the increased life expectancy of the concrete pipe and only $2,800.00 cost difference between the concrete pipe and the metal pipe, we recommend the award of the base bid with the alternate. Based on the bid price and the past performance history of the low bidder, we recommend award of the contract to Sheltra & Son Construction Company, Inc. in the amount of $ 214,731.25. The following budget is established for the project: Construction: Testing: Reserves: TOTAL $214,732.00 $ 2,500.00 $ 20.000.00 $237,232.00 Funds are available in fund No 316001-41133-599330-43110 1 01 002-41123-599330-4311 0 $200,000.00 $ 37,232.00 cc: Ray Wazny, Public Works Director ~-, ~ .. .,~ IZ1 IZ1 = tIJ :z¡ o f-I ~ :s þ ø:¡ ~ ~ f-I ø:¡ ~ I!I!I I!I!I ~ tJ ~ tJ ~ . I!I!I ~ I!I!I å,¡ 0.< ~o o I~ tJ~ ~CX) ØlO\ I!I!IO\ ~'f"'I I!I!I -. t!)M ~N t-I ~~ tQl!I!I ~I O\titJ OOI!l!l I:Š:~ 0\ O\tJ~ =l:t-II!I!I ~~i t-IPØr !:QØrO ¥' In In ø:: ~ · . 0 · · ~~ r-- r-- ('It ('It ~ r-- M Þ .. .. r-- en co en M M 00 00 C C C C · · ø:: 0 In In 0 a r-- 1"- Ii: c N .. .. ~ \Ø P"I · In M M 00 00 c C I C C ø:: ~tn · · 0 c c =~ tnl-t In III ~~ \Ø \Ø .. .. þ O~ P"I III 1':1 P"I P"I M M 00 00 c c ø:: c c ø:: · · 0 rzI In In ~~ ~ en en · \Ø .. .. Þ \Ø III C P"I M M 00 00 In In ø:: = ('It ('It 0 · · a; ~ P"I P"I M M rzI en 1"- Þ 11:1 .. .. tn P"I . 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DATE: February 23,1999 ...-, TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): E~GINEERING DIVI~IO"" 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: I "-r""'----' '-",~_.... ,. '"ß ~~L~.:~~.~...",:"::",:."".",,.,:,~ ~ Donald B. West, P.E. County Engineer ~UBJECT: RFP 99-20 - Professional Surveying Services BAC~GROllND: The BOCC approved the request to advertise RFP 99-20 on November 24, 1998. The RFP was advertised on December 4, 1998. Closing date for all proposals was December 30, 1998, at 3:00 P.M. The Purchasing Department received five (5) responses: 1) Allen E. Beck, Inc. 2) Culpepper and Terpening, Inc. 3) GCY, Inc. 4) Lindahl, Browning, Ferrari and Hellstrom, Inc. 5) Velcon Group, Inc. The CNC (competitive negotiation committee) was appointed by the County Administrator according to the St. Lucie County purchasing Manual, Section 10.5. on January 11, 1999. The following Department managers or designated representative were appointed: County Engineer, County Attorney, Purchasing Manager, Property Acquisition Manager and County Surveyor. The CNC members were issued copies of the proposals for review on January 19, 1999. The CNC met on February 10, 1999 for evaluation and selection. The following three (3) firms listed in alphabetical order were selected by the CNC. 1) Culpepper and Terpening, Inc. 2) GCY, Inc. 3) Lindahl, Browning, Ferrari and Hellstrom, Inc. FVNDS AVAil.: nla PREVIOUS ACTION: November 24, 1998 - eocc approved request to advertise. 1 'RFP 99-20 Page 2 February 23.1999 '-" .'-ttI RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the following: 1) Approve the three (3) firms selected by the Competitive Negotiation Committee (CNC). 2) Authorize staff to initiate contracts for continuing services with the three (3) firms. 3) Authorize the continued use of the survey contract management and rotation system as rotation system as outlined in Engineering Memo 92-423, with the following revisions of paragraph 1, lines A thru C: A) The first project will be awarded to Culpepper and Terpening, Inc. B) The second project will be awarded to GCY, Inc. C) The third project will be awarded to Lindahl, Browning, Ferrari and Hellstrom, Inc. COMMI$SION ACTION: ¡.{ APPROVED [ ] DENIED [ ] OTHER: CONCU~RENC~: ¡i4~ Douglas Anderson County Administrator ~ Coorty- ~ {x Originating Dept. Public worksf j~ SUlVey1 [ }Mgt. & Budget (x Co. ~~~-~:.) / (x]PurchaSlng (13 (x Co. SUrveyor ~ CoordInItlonlSlanatw.. " '-"'f '....1:- C~ir .--- ~ COl.nHSSION REVIEW: ENGINEERING MEMORANDm~ NO. 92-423. TO: Board of County Commissioners VIA: Public Works Admini.strator County Administrator FROM: Director of E~gineering DATE: June 22, 1992 <::ilRJECT: P·~ocedures for Professional Survey irig Services Contracts for Continuing Services on a Rotation Svstem. BACKGROUND On June 15, 1992, the Board of County co~~issioners interviewed the following five professional surveying firms: G.C.Y. ,Inc.; James A. Kirby; Keith and Schnars, Inc.; John G. Albritton and Associates; Lindahl, Browning, Ferrari, and Hellstrom, Inc. The BOCC ranked the top three firms: 1) Lindahl, Browning, Ferrari, and Hellstrom, Inc.; 2) G.C.Y., Inc.; 3) James A. Kirby. The BOÞ~D then authorized staff to begin contract negotiations with all three firms. RECOl.wæNDA TI ON l ( 1. Proposed procedures:for rotation schedule. A) The first project will be awarded to G.C.Y., Inc. B) The second project will be awarded to James A. Kirby. C) The third project will be awarded to Lindahl, Browning, Ferrari, and Hellstrom. D) The next project will be awarded to the firm with lowest current total contract awarded to date. E) When a previous survey needs to be updated, the County shall select the original firm ~hich prepared the survey to prepare the survey update. '-"(.) 'will. . ~ 2. All survey~ng services directly related to contracts with st. Lucie County \\1ill be. considered as part 9f the rotó.tion determination. This will include any subcontract work with other professional service firms whose contracts may include surveying services. If a firm has other contracts with the County for professional services and they include survey related work under that contract, the amount of the contract vlill be added to the rotation determinó.tion. The consultant shall be expected to prepare documentation outlining survey related work which may be performed under other contracts for St. Lucie County. The document shall outline the description of services, the cost, County project number, and a date of completion. 3. All survey related work requested by other Departments within 'he Cou~ty, shall be submitted to the County Surveyor with a scope of work, budget amount, time constraints, and account number. The County Surveyor will review the scope and make recommendations. Ee will then select the next firm in the rotation for the proposed project, based on the approved rotation schedule. The County Surveyor will manage the project until its completion. He will inform the user department of the status of the project, on a monthly basis, in writing. All contracts and change orders will be authorized by the Director of the user department in writing, and in accordance to County purchasing policy. Respectfully submitted, I. ;. - I!; . . _.-- ....,. _...... _-" -S-c-:. c-) -~ .~ ''\ '- _ u-~. __x.. -~. \ ,--~_\.. Salvador D. Nabonª" P. E :-) Director of Engineering' d I :. j)// Ç?1 ,,() U/4J!~ Daniel Mclntyr~¡ ) County Attorn~ CONCURRENCE: / . I Ronald K. Brown, P.E. Public Works Administrator '-' -....I PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS J PROPOSAL EVALUATION SHEET FOR NAME OF FIRM 1-.6 F Z RFP 99-20 AVAILABILITY OF EQUIPMENT 0 AVAILABILITY OF QUALIFIED - f' PERSONNEL >-. ./ ..... PAST PERFORMANCE RECORDS ~ ABILITY TO MEET SET STANDARDS UNDERSTANDING THE PROBLEM TECHNICAL SOUNDNESS OF ( PROPOSAL -] , QUALIFICATIONS OF THE FIRM , EXPERTISE OF HUMAN RESOURCES .~-! EXPERIENCE ~/ TIME FRAMES AND DELIVERY DATES , --. PAST CONTRACTS WITH COUNTY ~ì / RELATED EXPERIENCE IN ST. J... LUCIE COUNTY REFERENCES ~ .-,- FINANCIAL RESOURCES AND 1';' ,)~ I ~. ,". 1..-1'<.1 CAPABILITIES { .' <' ' TOTAL SCORE ~:1 j J J ~~€v( FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ '--' ~ C~) J ,j PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FIRMC ~ RFP 99-20 Ii Q- I AVAILABILITY OF EQUIPMENT 5- AVAILABILITY OF QUALIFIED ç PERSONNEL PAST PERFORMANCE RECORDS ~5 ABILITY TO MEET SET STANDARDS j UNDERSTANDING THE PROBLEM ç- TECHNICAL SOUNDNESS OF ) PROPOSAL QUALIFICATIONS OF THE FIRM S- EXPERTISE OF HUMAN RESOURCES r EXPERIENCE ,S- TIME FRAMES AND DELIVERY DATES f' PAST CONTRACTS WITH COUNTY RELATED EXPERIENCE IN ST. 5 LUCIE COUNTY REFERENCES S FINANCIAL RESOURCES AND CAPABILITIES TOTAL SCORE ~~ cw~V FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ ~ '....I ( () J..' V PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEE~ FOR NAME OF FIRM ß~ c Ie RFP 99-20 3 " AVAILABILITY OF EQUIPHENT AVAILABILITY OF QUALIFIED t/ PERSONNEL - PAST PERFORMANCE RECORDS .,-..,- ABILITY TO MEET SET STANDARDS .? UNDERSTANDING THE PROBLEM .z- TECHNICAL SOUNDNESS OF 7 PROPOSAL ,"" QUALIFICATIONS OF THE FIRM ~:} EXPERTISE OF HUMAN RESOURCES EXPERIENCE T TIME FRAMES AND DELIVERY DATES ? .-1' PAST CONTRACTS WITH COUNTY ;;-'\ ~-) RELATED EXPERIENCE IN ST. ti LUCIE COUNTY REFERENCES ,5 FINANCIAL RESOURCES AND CAPABILITIES TOTAL SCORE 1, \ .;J ~~Cvt FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ '-' '-' ~ 1\ ' II,... ) , \' ~ I '"_// PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAI, EVALUATION SHEET FOR NAME OF FIRM Ve./COrJ RFP 99-20 AVAILABILITY OF EQUIPMENT l~!J , AVAILABILITY OF QUALIFIED ,- PERSONNEL '"" PAST PERFORMANCE RECORDS 1;:/ y~ ABILITY TO MEET SET STANDARDS 5 UNDERSTANDING THE PROBLEM TECHNICAL SOUNDNESS OF PROPOSAL QUALIFICATIONS OF THE FIRM ~ø .t. EXPERTISE OF HUMAN RESOURCES "'..... .., EXPERIENCE '-/ t TIME FRAMES AND DELIVERY DATES ,I}' PAST CONTRACTS WITH COUNTY RELATED EXPERIENCE IN ST. LUCIE COUNTY -- REFERENCES ;,. FINANCIAL RESOURCES AND CAPABILITIES TOTAL SCORE L\S gCr-~ FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ ~ ......, ( l)) j PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FIRM G-e-Y RFP 99-20 ,,- . AVAILABILITY OF EQUIPMENT AVAILABILITY OF QUALIFIED ,.- PERSONNEL *---. .. PAST PERFORMANCE RECORDS ... ABILITY TO MEET SET STANDARDS ::':.. UNDERSTANDING THE PROBLEM TECHNICAL SOUNDNESS OF ,...-. PROPOSAL ..... . ;' / QUALIFICATIONS OF THE FIRM ~! EXPERTISE OF HUMAN RESOURCES 1;'- ,. EXPERIENCE ~".>' .,.' TIME FRAMES AND DELIVERY DATES ¡;' ~ - ¡ PAST CONTRACTS WITH COUNTY RELATED EXPERIENCE IN ST. LUCIE COUNTY : REFERENCES 5 FINANCIAL RESOURCES AND CAPABILITIES TOTAL SCORE SD ~~e;t FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ · "",.. '-....I - ----...., , i ( í,,, J \ J) "._~~ PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FIRM I RFP 99-20 ,,' £:.L-(:D N 0gp AVAILABILITY OF EQUIPMENT 3 AVAILABILITY OF QUALIFIED ß+ PERSONNEL PAST PERFORMANCE RECORDS ABILITY TO MEET SET STANDARDS S- UNDERSTANDING THE PROBLEM ~ TECHNICAL SOUNDNESS OF %/+ PROPOSAL QUALIFICATIONS OF THE FIRM EXPERTISE OF HUMAN RESOURCES ¿~ -J EXPERIENCE líj).o!. f¡.ç IX 1/ ì );. - , . __ I, TIME FRAMES AND DELIVERY DATES PAST CONTRACTS WITH COUNTY RELATED EXPERIENCE IN ST. 5" LUCIE COUNTY REFERENCES r- ~J FINANCIAL RESOURCES AND CAPABILITIES TOTAL SCORE IJftYf /~; g. (~. ~ ß~ál . FIRMS MAY BE SCORED W HIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ '-'" """ PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FIRM /?£e-f( RFP 99-20 A£ AVAILABILITY OF EQUIPMENT '3 AVAILABILITY OF QUALIFIED PERSONNEL 'j PAST PERFORlf~CE RECORDS ABILITY TO MEET SET STANDARDS ç UNDERSTANDING THE PROBLEM ~- TECHNICAL SOUNDNESS OF .3.ç PROPOSAL QUALIFICATIONS OF THE FIRM EXPERTISE OF HUMAN RESOURCES 3,~ EXPERIENCE :¿ TIME FRAMES AND DELIVERY DATES PAST CONTRACTS WITH COUNTY RELATED EXPERIENCE IN ST. ç; LUCIE COUNTY REFERENCES 3 FINANCIAL RESOURCES AND CAPABILITIES TOTAL SCORE 33 ß¡;Pllt+ FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ '-" ''''''; .~ J' J '\....'i PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NÞ.ME OF FIRM 0Cj RFP 99-20 AVAILABILITY OF EQUIPMENT S- AVAILABILITY OF QUALIFIED ç PERSONNEL PAST PERFORMANCE RECORDS ABILITY TO MEET SET ST~~ARDS ç UNDERSTANDING THE PROBLEM ç TECHNICAL SOUNDNESS OF ~ PROPOSAL QUALIFICATIONS OF THE FIRM /I EXPERTISE OF HUMAN RESOURCES !; EXPERIENCE S- TIME FRAMES AND DELIVERY DATES PAST CONTRACTS WITH COUNTY RELATED EXPERIENCE IN ST. S LUCIE COUNTY REFERENCES 3 FINANCIAL RESOURCES AND CAPABILITIES TOTAL SCORE ÞPi 4- ~ FIRMS MAY B!tE::± THE RANGE OF 1-5 POINTS. ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE ONE HALF POINTS FORMS PROVIDED. H:WP\RFPQ '-" \w1I ,/~\ : '--. ' ; ./ J . ./ PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS / PROPOSAL EVALUATION SHEET FOR NAME OF FIRM £-.BFf-l RFP 99-20 AVAILABILITY OF EQUIPMENT cJ.r;- AVAILABILITY OF QUALIFIED 3 PERSONNEL / /pAST PERFORMANCE RECORDS ABILITY TO MEET SET STANDARDS S- UNDERSTANDING THE PROBLEM 43 TECHNICAL SOUNDNESS OF .3 PROPOSAL ~ALIFICATIONS OF THE FIRM EXPERTISE OF HUMAN RESOURCES !;" EXPERIENCE ~.øç ~IME FRAMES AND DELIVERY DATES ~AST CONTRACTS WITH COUNTY RELATED EXPERIENCE IN ST. Lf LUCIE COUNTY REFERENCES ;¿ ~ANCIAL RESOURCES AND APABILITIES TOTAL SCORE ~ Ø'øo/ ;J;'; C' ;,: ..."~-~.. . ." . )t..þCfJ"4:r FIRMS MAY BE SCORED WITHIN THøURANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ v ...I í~ I J ) G PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FIRM C-r RFP 99-20 AVAILABILITY OF EQUIPMENT ~ AVAILABILITY OF QUALIFIED ç- PERSONNEL PAST PERFORMANCE RECORDS ABILITY TO MEET SET STANDARDS ~ UNDERSTANDING THE PROBLEM s:- TECHNICAL SOUNDNESS OF ,Ç{ PROPOSAL > QUALIFICATIONS OF THE FIRM III EXPERTISE OF HUMAN RESOURCES S- EXPERIENCE 4- TIME FRAMES AND DELIVERY DATES PAST CONTRACTS WITH COUNTY RELATED EXPERIENCE IN ST. ~ LUCIE COUNTY REFERENCES s: FINANCIAL RESOURCES AND CAPABILITIES TOTAL SCORE 4A t-f'if ;ú -JY1/ß-4r FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ - /¿ /4£/2,'-s '-" ...., PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR ì.JAME OF FIRM RFP 99-20 C<:.,;-L".;;;Jt::"~ßC,L '-7ê,zp~".^-/& AVAILABILITY OF ECTJI P:vIENT 3:,:;-Ù - -- AVAILABILITY OF QUALIFIED ¿:O :3 RC-.=s ð......· oS 7"'t4~r PERSOÌ'<'NEL PAST PERFORMANCE RECORDS 7/ ABILITY TO MEET SET STANDARDS ~ UNDERSTANDING THE PROBLEM ..::;/ TECHNICAL SOUNDNESS OF 4/ PROPOSAL QUALIFICATIONS OF THE FIRM ~ EXPERTISE OF HUMAN RESOURCES "Y EXPERIENCE ~O TIME FRAMES AND DELIVERY DATES ¿;:D PAST CONTRACTS WITH COUNTY 4f'o RELATED EXPERIENCE IN ST. ~ LUCIE COUNTY REFERENCES </ FINANCIAL RESOURCES AND 11 CAPABILITIES TOTAL SCORE .55~ $''' A~~,·.3/é 'iD - ,1~ FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. ~~ -;-;5"'5 4d. ",c-D0 ,- ~~"77~..I H:hTP\RFPQ 3~~~ ..1-7 5.rl¡ð ~...., 6')' --- ~- K /-/9b¿/~ '-" 'WI PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR i-JAME OF FI~ RFP 99-20 ¿ß r--, - AVAILABILITY OF EQ'JI PYIENT ~/ -. AVAILABILITY OF QUALIFIED b ~ PERSOÌ\:'NEL PA3T PERFORMANCE RECORDS 35V ABILITY TO MEET SET STANDARDS .:;4-0 .~ -- UNDERSTANDING THE PROBLEM ,?, ðlJ TECHNICAL SOUNDNESS OF ~5U PROPOSAL QUALIFICATIONS OF THE FIRM -¡;: ':;-0 EXPERTISE OF HUMAN RESOURCES ....--- ~ EXPERIENCE ~~ TIME FRAMES AND DELIVERY DATES -3 PAST CONTRACTS WITH COUNTY 1" RELATED EXPERIENCE IN ST. ~.3.5C> LUCIE COUNTY REFERENCES q FINANCIAL RESOURCES AND -- CAPABILITIES fi TOTAL SCORE 7ð ~-'h";/' rz,fi4 ( ~- f7' ;>-'tI ~) ~ , 8'2- ~ FIRMS V~Y BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. C~7?hl" ~ ~5 rz::>o:7: c;::;..;j ¿t?rc.,JtIC., J r' ~ &4oG V H:WP\RFPQ -;7Z ~ { - x.,~ v'" 7 ?..--<- f<; A¡'#ftt' / 2> .3 - P.. ~Z£/~ '-' 'wi PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR HAME OF FIRM RFP 99-20 &¿é./ fA/¿. 6' / AVAILABILITY OF EÇ'JI PYIENT _. (t; AVAILABILITY OF QUALIFIED 5" /Z,-:j G,,,, .7r04~ PERSOÌ':"N.2L ./ PA3T PERFOR~~NCE RECORDS -ý:p ABILITY TO MEET SET STANDARDS r UNDERSTANDING THE PROBLEM ~ TECHNICAL SOUNDNESS OF ------- PROPOSAL -<;(,þ QUALIFICATIONS OF THE FIRM f EXPERTISE OF HUMAN RESOURCES 6 EXPERIENCE -:Ff:þ6 TIME FRAMES AND DELIVERY DATES :;........... PAST CONTRACTS WITH COUNTY .:? RELATED EXPERIENCE IN ST. ,;¿ LUCIE COUNTY ../ REFERENCES 4.) FINANCIAL RESOURCES AND -9".:/-- CAPABILITIES TOTAL SCORE ~;. /~ù% c,,¿:,.~ ~ C/.;1o/ .~ø~ FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. /Z-TP"?? b-,oÞ~ 37 Ç'Gu:¡¿/hC cd ?<..nT// rDe~ H:WP\RFPQ roo:r- /l ¿o t: ç ,c-~h.£>. ~ é: ".e.4/V)'-C: / - 2 h/ // L/¡J:r .:rs.--.s '1 ~- -T-- ~ '" -.....I /¿ r4¿/2J ~ f F / PROFESSIONAL SURVEYING ~~D MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR i.JAME OF FIRM RFP 99-20 /~/kN £. b'eL: f:; AVAILABILITY OF E~:J I P:v1ENT 3 ~. Ci-4 / AVAILABILITY OF QUALIFIED .5"'" "";, ---- 2 ~.;~~ PERSOI\'NEL - PA3T PERFOR~NCE RECORDS £/ ABILITY TO MEET SET STANDARDS ~ UNDERSTANDING THE PROBLEM 4 TECHNICAL SOUNDNESS OF q PROPOSAL QUALIFICATIONS OF THE FIRM 3 EXPERTISE OF HUMA..N RESOURCES ~ EXPERIENCE 4 TIME FRAMES AND DELIVERY DATES ~ PAST CONTRACTS WITH COUNTY - '/\/V/V c.. RELATED EXPERIENCE IN ST. 4 LUCIE COUNTY REFERENCES 4/ FINANCIAL RESOURCES AND --.. CAPABILITIES TOTAL SCORE J1p 1'( (,ð~ . {¡fl. J/ FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. N,;;.- 2. :J--¿ ~ 7 /<:--~ H:WP\RFPQ /,\/u-r- .DCI /' c ~'¿'3/ ~ c:! .-- ~ ~~ ,-, ./ ..3-< ~~/ C,.~,,.-YO /:::> /èt 4~/é"S f,¡'fA 1'/ - "... ".¿,¿".., S,.z. ~ /~ . , R rH/¿,¿/5 '--" ....".¡ PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS I 1/) PROPOSAL EVALUATION SHEET FOR NAME OF FIRM RFP 99-20 f'6- L<:ol\/ AVAILABILITY OF EQUIPMENT 3 - AVAILABILITY OF QUALIFIED ..3 é' ¿.þ e-r- J~ PERSONNEL PAST PERFORMANCE RECORDS 4/ ABILITY TO MEET SET STANDARDS 4 UNDERSTANDING THE PROBLEM 4 TECHNICAL SOUNDNESS OF )/ PROPOSAL QUALIFICATIONS OF THE FIRM L~ EXPERTISE OF HUMAN RESOURCES L/ EXPERIENCE 4 TIME FRAMES AND DELIVERY DATES ¿¡ . PAST CONTRACTS WITH COUNTY -- /Y'~/V" r:::: RELATED EXPERIENCE IN ST. 35"v LUCIE COUNTY REFERENCES ~ . FINANCIAL RESOURCES AND -- CAPABILITIES TOTAL SCORE ~,f ·cP FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ ~7VC-- Æ::-/Þ / - ---- /.5 ¡00/'_'~ ~;., .- L, ;.... r~ 0 -- 7l> 7Y-?' ¿' ¿¿~ C/~ ~ ~~ ~~~/./ 5'" '1 l 2- 3- 'i /' ~ " "7 I 7 ,'" , f I'Z- I 3 \~ '-" ~ PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FIRM LhFH RFP 99-20 AVAILABILITY OF EQUIPMENT I AVAILABILITY OF QUALIFIED L-/ PERSONNEL , PAST PERFO~~CE RECORDS J I ABILITY TO MEET SET STANDARDS L/ \ UNDERSTANDING THE PROBLEM - TECHNICAL SOUNDNESS OF L{ PROPOSAL QUALIFICATIONS OF THE FIRM L( EXPERTISE OF HUMAN' RESOURCES cf EXPERIENCE 4 TIME FRAMES AND DELIVERY DATES .- PAST CONTRACTS WITH COUNTY '-I RELATED EXPERIENCE IN ST. Y LUCIE COUNTY REFERENCES 4 FINANCIAL RESOURCES AND ~ CAPABILITIES TOTAL SCORE ~o/ I FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H: í'iTP\R?PQ JUt - - - '-' '-' PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FI~ C-~ RFP 99-20 AVAILABILITY OF EQUIPMENT '3 - -. AVAILABILITY OF (¿LJALIFIED c{ PERSONNEL PAST PERFORVillNCE RECORDS "3 ABILITY TO MEET SET STANDARDS --.- UNDERSTANDING THE PROBLEM - TECHNICAL SOUNDNESS OF Lf- PROPOSAL QUALIFICATIONS OF THE FIRM ~ EXPERTISE OF HUMAN RESOURCES j l_{ EXPERIENCE 4 TIHE FRAMES AND DELIVERY DATES - PAST CONTRACTS WITH COUNTY - RELATED EXPERIENCE IN ST. tJ LUCIE COUNTY I REFERENCES Y FINANCIAL RESOURCES AND L-J CAPABILITIES TOTAL SCORE rJ FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ cRJ:t '-"'" ......, PROFESSIONAL SURVEYING AND MAPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FIRM 1/£\ Co f'-\ RFP 99-20 AVAILABILITY OF EQUIPMENT '3 -. AVAILABILITY OF QUALIFIED 3- PERSONNEL PAST PERFORMANCE RECORDS ~f ABILITY TO MEET SET STANDARDS UNDERSTANDING THE PROBLEM - TECHNICAL SOUNDNESS OF L-/ PROPOSAL QUALIFICATIONS OF THE FIRM 3 EXPERTISE OF HUMAN RESOURCES <-1 EXPERIENCE ~ TIME FRAMES AND DELIVERY DATES - PAST CONTRACTS WITH COUNTY - RELATED EXPERIENCE IN ST. L{ LUCIE COUNTY REFERENCES Lf FINANCIAL RESOURCES AND L{ CAPABILITIES TOTAL SCORE (ß FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H: vJP\RFPQ q{,ß - - ...., - '-'" PROFE PROPOSAL EVALUATION SHEET FOR NAME OF FIRM1 f¡' \~ fl' C iC- r. LL- .1'i\ RFP 99 20 .7 A VAl L;'.B I L ITY OF EQUIPMENT -) -----. AVAlï..,ABILITY OF QUALIFIED \ <"7 J ?ERSONNEL PAST PERFORMANCE RECORDS ABILITY TO MEET SET ST~~ARDS UNDERSTANDING THE PROBLEM TECHNICAL SOUNDNESS OF ' ! I ' PROPOSAL '-\ QUALIFICATIONS OF THE FIRM L-f EXPERTISE OF l{UMAN RESOURCES I w- EXPERIENCE LI TIME FRAMES AND DELIVERY DATES -- PAST CONTRACTS WITH COUNTY - RELATED EXPERIENCE IN ST. Lf LUCIE COUNTY REFERENCES --( FINANCIAL RESOURCES AND '-l CAPABILITIES TOTAL SCORE MAPPING SERVICES CONTINUING CONTRACTS SSIONAL SURVEYING AND ~1 FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS P cpO H: 'itJP\RFPQ C' I '--" ""'-" PROFESSIONAL SURVEYING M~D VillPPING SERVICES CONTINUING CONTRACTS PROPOSAL EVALUATION SHEET FOR NAME OF FIRM G-Cj RFP 99-20 AVAILABILITY OF EQUIPMENT Lf _. AVAILABILITY OF QTJALIFIEiJ L.f PERSOÌ\TNEL , PAST PERFORMANCE RECORDS ABILITY TO MEET SET STANDARDS UNDERSTANDING THE PROBLEM - TECHNICAL SOUNDNESS OF L{ PROPOSAL QUALIFICATIONS OF THE FIRM if EXPERTISE OF HUMAN RESOURCES d EXPERIENCE 4 TIME FRAMES AND DELIVERY DATES - PAST CONTRACTS WITH COUNTY - RELATED EXPERIENCE IN ST. L- LUCIE COUNTY REFERENCES 4 FINANCIAL RESOURCES AND <-f CAPABILITIES TOTAL SCORE ,~ FIRMS MAY BE SCORED WITHIN THE RANGE OF 1-5 POINTS. ONE HALF POINTS ARE ALLOWABLE. PLEASE WRITE THE NAME OF FIRM ON THE FORMS PROVIDED. H:WP\RFPQ cR.ß ,... \ . ~ "'-' ITEM NO. C-4B DATE: March 9. 1999 AGENDA REQUEST SUBMITTED BY (DEPT): SOLID WASTE DIVISION REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) ~~~:~ Leo J. Cordeiro Solid Waste Manager TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Public Notice for the Solid Waste Full Cost Accounting Report for Fiscal Year 1997-1998 BACKGROUND: Pursuant to Rule 62-708, Florida Administrative Code (FAC), we are required to notify all users of the Full cost incurred by St. Lucie County for providing Solid Waste Management Services. FUNDS AVAILABLE: 401-3410-549000-300 (Advertising) PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the Solid Waste Division to publish, in a newspaper of general circulation, as required, the Solid Waste Full Cost Accounting Report for Fiscal Year 1997-1998. Review and Approvals CONCURRENCE: ~~ Douglas Anderson County Administrator COMMISSION ACTION: 'APPROVED 0 DENIED o OTHER: ~ County Attorney: 7' ~ Originating Dept: (Pub. WkS.)/C-k..- ~ Management and Budget: I) o Purchasing: ~ Other: (Landfill) o Other: o Finance: Check for copy only, if applicable: I " \..of ...,; C l.\ \Q Notice of Public Disclosure of the Full Cost of Solid Waste Management within the County of St. Lucie, Florida for the Fiscal Year 1997-1998 Pursuant to 62-708 Florida Administrative Code RESIDENTIAL: Collection: (1 ) Disposal: (2) Recycling: (3) Cost per Unit * $ 78.60 $ 40.44 $ 1.95 NON-RESIDENTIAL: Collection: (4) Disposal: (5) Recycling: (6) Cost per Unit ** $ N/A $ 9.87 $ N/A *Residential Unit = Per Household ** Non-Residential = Per Ton (1) Includes Single Family and Multi-Family units of three (3) or less in the Unincorporated Urban Service Area (UUSA) only. (2) An average for the UUSA; The City of P1. S1. Lucie and City of F1. Pierce have separate contracts and prices. (3) For the UUSA and City of F1. Pierce only; P1. S1. Lucie incurred its own cost for recycling. (4) Service not provided by County - Up to the individual and their hauler. (5) An average cost per ton for UUSA and P1. S1. Lucie; F1. Pierce hauls to Okeechobee County. (6) Service not provided by the County. î;¡ '-" AGENDA REQUEST '....I ITEM NOClS A- DATE: February 23, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOAR)) OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITI'ED BY(DEPT): County Attorney Jim Cummings County Extension Director SUBJECT: Contract with South Florida Water Management District - DuPuis Grove Management BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~~/ Douglas Anderson County Administrator County Attorney: Jy Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) - Eff. 5/96 '-' ....., 6A INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Jim Cummings, County Extension Director C.A. NO. 99-500 DATE: February 17, 1999 SUBJECT: Contract with South Florida Water Management District - DuPuis Grove Management BACKGROUND: Attached 0 this memorandum is a proposed agreement between the County and the South Florida Water Management District concerning management of the DuPuis Reserve Grove ("DuPuis Reserve'~) which is located in Martin County. The purpose of the agreement is to allow the County's Extension Service to maintain the existing citrus grove as an example of the variety of fruit which can be grown in South Florida. The Extension Service will use the groves to demonstrate best management practices as an educational tool for grove owners and homeowners. The term of the agreement is five (5) years with five (5) five (5) year renewal options. The District will not charge the County rent. The County will be responsible for the costs of managing the grove. The County will be able to retain the income from the sale of fruit harvested from the grove. It is anticipated that the revenues from the sale of the fruit will offset the cost of managing the grove. '-' ...."I RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, /~-~; ~~ <---Jim Cummzngs County Extension Director JC/ caf - ¡ BE (':h HT¡r ~" FLC'B 1 L. It '3 2 i999 ~ v South Florida "Water Management District 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800' FL WATS 1-800-432-2045 TDD (561) 697-2574 ADM 28-06 February 9, 1999 Mr. Jam~s F. Cummings St. Lucie County Extension SeIVice 8400 Pico Road, # 101 Ft. Pierce, FL 34945-3041 Subject: Contract No. C-I0437 Dupuis Reserve Citrus Grove Management Dear Mr. Cummings: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your flnn up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2181. Sincerely, ~ /kfw Enclosure c: wi attachment Herbert E. Tammell, 1160 - Govaning Board: Frank \Villiamson, Jr., Chairman Eugene K. Pettis, Vice Chairman Mitchell W. Berger Vera M. Carter William E. Graham William Hammond Richard A. Machek Michael D. Minton Miriam Singer Samuel E. Poole III, Executive Director Michael Slayton, Deputy Executive Director Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 e···· . ... . - . '-' ~ ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: ST. LUCIE COUNTY COOPERATIVE EXTENSION SERVICE Address: 8400 PICOS RD, .#101 This number must appear on all Invoices and Correspondence C- 10437 M/WBE Goal: 0% Ft. Pierce, FL 34945-3041 Project Manager: James F. Cummings Telephone No: ;(561) 462-1660 Fax No: (561) 462- 1510 Hereinafter referred to as: AGENCY PROJECT TITLE: DUPUIS RESERVE CITRUS GROVE MANAGEMENT The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "C" - Statement of Work Exhibit "D" - Not Applicable Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "G" - Not A licable TOTAL AGREEMENT AMOUNT: $0.00 Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: 5 ears with 5 five- ear 5 0 tions District Project Manager: Bert Trammell Telephone No: (561) 924-5310 Fax No. (561) 924-5114 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Division Exhibit "H" - Exhibit "I" Exhibit "]" Exhibit "K" Exhibit "L" Exhibit "M" Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Maps AGREEMENT TYPE: Zero Dollar Fiscal Year: Fiscal Year: Fiscal Year: EFFECTIVE DA TE: Last Date of Execution b the Parties District Contract Administrator: Gabriel Ocasio-Davila (561) 682-2181 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT NOTICES TO THE AGENCY AT: ST. LUCIE COUNTY COOPERATIVE EXTENSION SERVICE 8400 PICOS RD. .#101 Ft. Pierce. FL 34945-3041 Attention: James F. Cummings IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. ST. LUCIE COUNTY COOPERATIVE EXTENSION SOUTH FLORIDA WATER MANAGEMENT DISTRICT SERVICE Accepted By: Signature of Authorized Representative Title: Date: Accepted By: Sheryl G. Wood, Procurement Director Date: By: T APPROV~ Date: SOUTH F.L~RIDA WATER MANAGE~NT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the AGENCY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in ,an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the AGENCY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the perfonnance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The AGENCY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page 1 of the AGREEMENT. All fonnal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The AGENCY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page 1 of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The AGENCY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the AGENCY and the officers, employees, servants, and agents thereof. The AGENCY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the AGENCY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The UNIVERSITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the AGENCY subcontracts any part or all of the Work hereunder to any third party, the AGENCY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the AGENCY. Any contract awarded by the AGENCY for work under this AGREEMENT shall include a provision whereby the AGENCY's subcontractor agrees to defend, indemnify, and pay on behalf, ·save and hold the DISTRICT harmless from all damages arising in connection with the AGENCY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulting party Page 2 of 9, Exhibit "B" Contract File:\Intagyml.doc 02/03/99 '-' \wi SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the AGENCY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the AGENCY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the AGENCY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the AGENCY for such work until such time as the DISTRICT determines the exact amount due to the AGENCY. 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves. the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties. and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the AGENCY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the AGENCY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The AGENCY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C, Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page I, with the balance of matching funds and/or in-kind services to be obtained from the AGENCY in the amount as specified on Page 1 of this AGREEMENT. In the event such AGENCY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION! OWNERSHIP 7.1 The AGENCY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: - A. Maintenance of Records: The AGENCY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall Page 3 of9, Exhibit "B" Contract File:\Intagyml.doc 02/03/99 '-" "" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS be maintained and made available for inspection for a period of five years from completing perfonnance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal DisDutes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the AGENCY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the AGENCY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the AGENCY, the AGENCY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the AGENCY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The AGENCY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The AGENCY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the AGENCY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the AGENCY, or lawfully acquired under license from a third party, including the right to sublicense such software. The AGENCY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The AGENCY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the AGENCY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the AGENCY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a nonnal expected life of one (1) year or more. The AGENCY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less nonnal wear and tear. The AGENCY will use its best efforts to safeguard the equipment throughout the period of perfonnance of this AGREEMENT. However the DISTRICT will not hold the AGENCY liable for loss or damage due to causes beyond the AGENCY's reasonable control. In the event of loss or damage, the AGENCY shall notify the DISTRICT in writing within five (5µrorking days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the AGENCY access to certain third party owned software on DISTRICT computer Page 4 of9, Exhibit "B" Contract File:\Intagyml.doc 02/03/99 , - ..... 8 SOUTH FL~RIDA WATER MANAGE~NT DISTRICT EXIllBIT "B" GENERAL TERMS AND CONDITIONS systems. The AGENCY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 . STANDARDS OF COMPLIANCE 8.1 The AGENCY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the AGENCY, upon request, as to any such laws of which it has present knowledge. 8.2 The AGENCY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The AGENCY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Rorida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The AGENCY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or AGENCY's who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the AGENCY or any affiliate of the AGENCY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The AGENCY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the AGENCY for any work or materials furnished. 8.5 The AGENCY shall be responsible and liable for the payment of all of its FICNSocial Security and other applicable taxes resulting from this AGREEMENT. 8.6 The AGENCY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the AGENCY, to solicit or secure this AGREEMENT. Further the AGENCY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the AGENCY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The AGENCY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Rorida Statutes. Should the AGENCY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the AGENCY. 8.7.1 Pursuant to Sections 119.07(3)(0), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for -public disclosure of proprietary property being licensed to the AGENCY (Licensee) hereunder, the DISTRICT shall advise the AGENCY (Licensee) of such request and, as between the DISTRICT and the AGENCY (Licensee), it shall be the AGENCY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other Page 5 of9, Exhibit "B" Contract File:\Intagyml.doc 02/03/99 ... '--" '...I SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXIllBIT "B" GENERAL TERMS AND CONDITIONS relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The AGENCY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private a~thorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the AGENCY for additional compensation. If the AGENCY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, ES., the AGENCY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. ARTICLE 9 - RELATIONSIDP BETWEEN THE PARTIES 9.1 The AGENCY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the AGENCY and the DISTRICT. No person or entity other than the AGENCY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The AGENCY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.4 The AGENCY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the AGENCY and the AGENCY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of contract performance. ARTICLE 10 - M/WBE PARTICIPATION 10.1 The AGENCY hereby acknowledges that no Minority and Women Business Enterprises (M/WBE) participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in M/WBE participation, such participation shall be reported to the other party. Both the AGENCY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - YEAR 2000 COMPLIANCE In the event that the AGENCY's performance, as required by this AGREEMENT, involves the use and/or delivery of a software, firmware and/or hardware product of any kind, the following language in this Article 11 shall apply: 11.1 AGENCY represents and warrants that the software, firmware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically Page 6 of 9, Exhibit "B" Contract File:\Intagyml.doc 02103/99 · . - v ....., SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXIllBIT "B" GENERAL TERMS AND CONDITIONS including any error relating to, or the product of, date data which represents or references multiple centuries. 11.2 Without limiting the generality of the foregoing, AGENCY further represents and warrants: 1) that the software, firmware and/or hardware will not abnolJIlally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century; and 3) that the software, firmware and/or hardware includes Year 2000 Compliance. For the purposes of this AGREEMENT, Year 2000 Compliance also means that the software, firmware and/or hardware will: (i) manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. 11.3 Included as part of this Year 2000 Compliance Warranty, AGENCY shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, firmware and/or hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, firmware and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT, replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind prex.iously developed by the AGENCY or other third party, and in the event fixes, corrections and updates of the software are not technically feasible, the AGENCY shall accept the return of the software, firmware and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules and/or License Agreements. Further, the AGENCY shall refund to the DISTRICT the full amount of the License Fee actually paid to the AGENCY for the software; and, in the case of hardware return, the AGENCY shall refund to the DISTRICT the full amount of the hardware actually paid to the AGENCY by the DISTRICT. In addition to the foregoing, the AGENCY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other provision in the AGREEMENT to the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Article 11, in its entirety, shall survive the expiration or termination of this AGREEMENT. ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provIsIons of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of Godr-or..Jor any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by Page 7 of9, Exhibit "B" Contract File:\Intagyml.doc 02/03/99 SOUTH FL~RIDA WATER MANAGE~NT DISTRICT EXlDBIT "B" GENERAL TERMS AND CONDITIONS AGENCY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provIsIons of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference,shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the tenns of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provIsIon of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. The AGENCY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The AGENCY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 13.2 The AGENCY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the AGENCY to the DISTRICT on each chemical product used. 13.3 The AGENCY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the AGENCY'S sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The.AGENCY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The ,AGENCY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The AGENCY shall take reasonable precautions for safety of, and shall provide reasonable Page 8 of9, Exhibit "B" Contract File:\IntagymI.doc 02/03/99 .... 8 SOUTH FL()'RIDA WATER MANAGE~NT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS protection to prevent damage, injury, or loss to: danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the AGENCY to the DISTRICT; and the AGENCY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the AGENCY, or the AGENCY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The AGENCY shall provide fIrst aid services and medical care to its employees. 13.9 The AGENCY shall develop and maintain an effective fIre protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the AGENCY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the AGENCY, AGENCY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the AGENCY shall be responsible for handling these chemical constituents in accordance with federal, state and local_regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the AGENCY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the AGENCY to halt operations under the AGREEMENT, at the AGENCY's expense, if a condition of immediate Page 9 of9, Exhibit "B" Contract File:\Intagyml.doc 02/03/99 '-'" ....." C-I0437 EXHIBIT "C" ST A TEMENT OF WORK The South Florida Water Management District ("District") desires to enter into a in-kind services management agreement with St. Lucie County Extension Service ("Contractor") for the maintenance, operation and harvesting of all fruit located in a thirty five (35) acre grove, more or less, situated on a District-owned land parcel contiguous to State Road 76, approximately 2.5 miles east of Port Mayaca, known as the DuPuis Reserve (see Exhibit "M" for site location). The management agreement will be issued under the auspices of the District's Land Stewardship Program in order to maintain the existing groves as an example of the variety of fruit which can be grown in South Florida, and to prevent infestation of exotic vegetation at minimal cost to the taxpayer. The grove must be managed in an environmentally acceptable manner, and to the extent practicable, in such a way as to restore and protect the natural state and condition of the grove land parcel. The term of this agreement shall be for an initial 5 year period with five, (5) five year renewal options. During the full term of this agreement, the Contractor shall provide, at their expense, all Best Management Practices, as described below, and services necessary for healthy grove management which shall, at a minimum, consist of those services recommended by the Cooperative Extension Service, to include, but not necessarily be limited to the following: A. The Contractor shall apply fertilizer according to Best Management Practices relating to nutritional demand as outlined in the University of Florida IFAS publication SP69, "Handbook of Nutrition for Florida Citrus." The District may approve a change in the foregoing rates and number of applications upon the receipt of certified soil tests and the recommendation of the University of Florida Fruit Corps. Dept. B. The Contractor shall treat for pest suppression which shall be undertaken as necessary using integrated pest management practices. C. The Contractor shall mow and provide general weed control, to be undertaken as necessary, to create a grove area that is neat and pleasing to public sight. D. The Contractor shall prune and hedge groves periodically to facilitate the sPfaying and harvesting operations. E. The Contractor shall implement Best management Practices and otherwise ensure that the groves are managed so as to minimize adverse environmental impacts. Page 1 of 3, SOW EXHIBIT "C", C-10437 , . ~ ""-'" F. The Contractor shall ensure that grove operations or land practices do not interfere with the use of the District's administrative office at Gate 5. This includes causing unacceptable odors from the storage or spread of manure mixed ground mulches. G. The Contractor shall not be responsible for replacing trees that die due to natural causes but may do so at their discretion. H. If the Contractor determines that certain wildlife (hogs, possums, annadillos and raccoons), are causing damage to the trees and/or fruit in the grove, the Contractor, with prior knowledge and acquiescence of the District and the Florida Game and Fresh Water Fish Commission, shall be permitted to resolve the problem, using agreed upon methods. 1. The Contractor shall be responsible for payment of all utilities and the maintenance of the irrigation systems located at Lake Jim, Mango Pump and Goose Pond to include a pump house, which may be utilized for storage of equipment by the Contractor. All improvements to the system shall become the property of the District upon the expiration of the tenn of the agreement. As consideration for the satisfactory perfonnance of the above duties and obligations, and to offset operation and maintenance costs, the Contractor shall be entitled to harvest and market all fruit produced in the aforementioned groves and retain the proceeds from the sale of the fruit. In no instance shall the District be liable to the Contractor for operation and maintenance costs. At the end of each harvest season during the tenn of this agreement, the Contractor shall supply the District with a record of management practices undertaken and expenses incurred including educational activities, wildlife damage/removal, a tally of the number of boxes of fruit harvested, the market price and sale proceeds from harvested fruit, and all operation and maintenance expenses. Separate harvest and sale totals shall be provided for: (1) round oranges, (2) grapefruit, and (3) mangoes, avocados and other specialty fruits. The following land use restrictions and use obligations shall apply: Land Use Restrictions . The District will not guarantee any level of flood protection. · The District will not guarantee ground water levels. · Best Management Practices must be utilized by the Contractor. · Contractor's use of specific chemicals may be restricted/prohibited, as detennined by the District. · The District will not authorize the use of off-site fill, benning, new open hole wells or the creation of ditches. However, monitoring wells may be installed as authorized. · Category I exotic/invasive pest plants must be eradicated by the Contractor (see Attachment "A"). The District will provide the Contractor with the appropriate herbicide to control these plants. · Class I & II prohibited aquatic plants and Category II exoticlinvasive pest plants will not be pennitted (see Attachment "A"). To the extent that such pest plants are on the Page 2 of3. SOW EXHIBIT "C". C-I0437 '-' 'wi property, it shall be the Contractor's sole responsibility to eradicate, and remove said plants. · No on-site burning of trash (plastics, containers, metal, etc.). · A vailable in "as is", "where is", and "with all faults" condition. Contractor Obligations · Prevent infestation of exotics on land/parcels. · Compliance with all applicable laws, rules, regulations, ordinances, etc., and use restrictions, conditions, and obligations. · Prompt payment of any proper/appropriate charges including, but necessarily limited to fees, rents, fines and the like. · Continued vigilance to ensure no adverse environmental impact occurs to land parcels, surrounding/adjoining land parcels, or water resources (surface and groundwater). · Strict adherence to any and all applicable Best management Practices existing, issued, or updated/modified during the period of land use/occupancy/agreement. · Allow District employees, contractors, and cooperators access for the purpose of inspection, compliance/environmental monitoring or other authorized activities that do not involve the removal of food products. . All security related to the protection of the Page 3 of 3. SOW EXHIBIT "C". C-lO·B7 1997 I:<Wa~ive Plant List http://www.fleppc.org/97list.htm '-'" ..."".; 1997 List of Florida's Most Invasive Species ... Purpose: To focus attention on: 1. The impacts exotic pest plants have on native bio-diversity in Florida ecosystems. 2. The impact of exotic pest plants on the integrity of native plant community functions. 3. Habitat losses due to exotic plant infestations. 4. The impacts of exotic plants on endangered sp~cies via habitat loss and alteration (e.g., Cape Sable. seaside sparrow). 5. The need to prevent such losses by comprehensive management for exotic pest plants. 6. The socioeconomic impacts of exotic pest plants (e.g., increased wildfires in Melaleuca). 7. Changes in the seriousness of different exotic pest plants over time. 8. The need to provide infonnation that will help managers set priorities for management. Dejinitions:Exotic-a non-indigenous species, or one introduced to this state, eithêr purposefully or accidentally; it then escaped into the wild in Florida where it reproduces on its own either sexually or asexually. Native-a species already occurring in Florida at the time of European contact (1500). Invasive-is a variable condition defmed by the category to which the species is assigned. Abbreviations used: for "Government listed": P=Prohibited by Fla. Dept. ofEnvirorunental Protection, N=Noxious weed as listed by Fla. Dept. of Agriculture & Consumer Services and/or U.S. Department of Agriculture. Category I-Species that are invading and disrupting native plant corrununities in Florida. This definition does not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused. J FLEPPC I Scientific Name Common name Government Listed i Rank I I Abrus precatorius_ I Rosary pea I I I 10f7 1/6/999:05 AM - ATTACHMENT "A" · 1997' InŸasiv~ Plant List '-' I Acacia auriculiformis I I Albizia lebbeck_ I Ardisia crenata (= A. crenulata) I I Ardisia elliptica (=A. humilis) I I Asparagus densiflorus I I Bauhinia variegata ! I Bischofiajavanica , Brachiaria mutica_( = Urochloa mutica) I I Calophyllum antil/anum (=C. i calaba; C. inophyllum, often ! misapplied in cultivation) I r I Cassia coluteoides_(=Senna I pendula) I I I ! I I Casuarina equisetifolia , I Casuarina glauca Cestrum diurnum I Cinnamomum camphora I Colocasia esculenta I Colubrina asiatica I Cupaniopsis anacardioides I Dioscorea alata I ! -...---.------------.-.-., I Dioscorea bulbifera_ i r--'-'---"- -.-.-..-- I Eichhornia crassipes i I Eugenia uniflora I I Ficus microcarpa (=F. nitida; =F. I I retusa var. nitida) i I Hydril/a verticil/ata I I I ! I Earleaf acacia I Woman's tongue I coral ardisia I shoebutton ardisia I asparagus fern I orchid tree I bischofia Pará grass santa maria (names "mast wood," "Alexandrian laurel" used in cultivation) climbing cassia, Christmas cassia, Christmas senna Australian pine suckering Australian pine day jasmine camphor-tree wild taro lather leaf carrotwood winged yam r=-==-------.-----....-...------- I au-potato C··---·---=:::·-----·-··-- I water hyacinth Surinam cherry laurel fig hydrilla "'" http://www.fleppc.org/97Iist.htrn I I I I I I I ~- I I II I I I I I Ip I Ip I I I I I I I I I I r .---.--- P I I I I P,N 20f7 1/6/999:05 AM · 1997 im'asive Plant List '-'* I Hygrophila polysperma I green hygro I Hymenåchne amplexicaulis I West Indian marsh grass I I I cogon grass I Imperata cylindrica (=Imperata brasiliensis) I Ipomoea aquatica I water spinach I I I Gold Coast jasmine i Jasminum dichotomum_ I I jasmine i Jasminum fluminense ¡ I Lantana camara I lantana I Ligustrum sinense Chinese privet, hedge privet , I Japanese honeysuckle I ! Lonicerajaponica_ I I I Japanese climbing fern I Lygodium japonicum I I Lygodium microphyllum I Old Wodd climbing fern I I Macfadyena unguis-cati I claw vine I I Melaleuca quinquenervia_ melaleuca, broad-leaf paper ; bark ; I I Chinaberry ! Melia azedarach j i Mimosa pigra I catclaw mimosa ! ! Nandina domestica I nandina, heavenly bamboo I I Nephrolepis cordifolia I sword fern I N eyraudia reynaudiana I Burma reed; cane grass I ; I I --"-"- I sk~nk vin~ -- I Paederiafoetida I I I I ! Panicum repens torpedo grass I I ! I Pennisetum purpureum Napier grass _ I I ! Pistia stratiotes water lettuce ; ! I ; I strawberry guava I Psidium cattleianum (=P. littorale) ¡ I Psidium guajava I guava I ; ! Pueraria montana_(=P. lobata) I kudzu ! I ! I I downy rose-myrtle I I Rhodomyrtus tomentosa ; ! I oyster plant ! I Rhoeo spathacea_(=R. discolor) ; ! ; i 1------···-------------1 I I ! Sapium sebiferum popcorn tree, Chinese tallow I 30f7 'wi http://www.fleppc.org/97list.htm lip, N I I I ~IN I I Ip,N I I I I I I I I ¡----- ,-- I I I I I I I I I ¡rlp,N , I I I P,N I I I I I --1'--'---'--' r' ~--""--I'-'-'---'-'I I I I Ip I I I I I I I I I I r--I-'--¡- 1/6/99 9:05 AM , 1997 In\"asive Plant List http://www.fleppc.org/97list.htm '-'" ,...., I I tree 1 I I j I Scaevoia sericea (=Scaevola ; I scaevola, half-flower, beach I I I taccada var. sericea, S. frutescens; naupaka I S. sericea) I I schefflera ~I I Schefflera actinophylla (=Brassaia I actinophylla) I I I Brazilian pepper I P,N I Schinus terebinthifolius I I I I aquatic soda apple I I I Solanum tampicense (=s. I houstonii), I I Solanum torvum I turkey berry I I IN I Solanum viarum I tropical soda apple I IN I I Syzygium cumin( jambolan, Java plum I I Tectaria incisa I incised halberd fern i I I I I Thespesia populnea_ I seaside mahoe i I I ; i I i I Tradescantia jluminensis I I white- flowered wandering I I I Jew I i I Category II-Species that have shown a potential to disrupt native plant communities. These species may become ranked as Category!, but have not yet demonstrated disruption of natural Florida communities. I Scientific Name , - I FLEPPC Government Listed ! Common name I ! I Rank i I I I ; I I I i I Adenanthera pavonina I red sandlewood I II I I Agave sisalana I sisal hemp I II I ; I I mimosa I I ! Albizia julibFi-s9in II I I Aleurites fordii I tung oil tree I II I ¡ I I devil-tree I I ¡ Alstonia macrophylla II I I ¡ I alligator weed I Ip I Alternanthera philoxeroides II I Antigonon leptopus I c-oral vine I II ¡----.--.-....--....---- ,....-...-...-....--...--.--...-.........---... ,---..-··-------1-··-·..·-..··-----..·1..··.......--·-··----··--.----..-- 40f7 1/6/99 9:05 AM . 1997 in·'asive 'Plant List . W" I Aristolochia littoralis I calico flower i ; I Asyst~sia gangetica_ I Ganges primrose I I Broussonetia papyrifera I paper mulberry I I I Callisiafragrans I inch plant, spironema I I Casuarina cunninghamiana I AustralianPine I Cereus undatus .\ ~i~t-bl~~lIling cereus I Clerodendron bungei I strong-scented glorybower I ! I rubber vine I ! Cryptostegia madagascariensis ; ¡ ! .---.-- ! Cyperus I umbrella plant alternifolius (=c. involucratus) Cyperus prolifer I dwarf papyrus Dalbergia sissoo I Indian dalbergia, sissoo I I Enterolobium contortisliquum I ear-pod tree I Epipremnum pinnatum_cv. Aureum I pothos I Ficus altissima I false banyan I I I Ficus benjamina_ I weeping fig Ficus religiosa I bo tree I I Flacourtia indica I governor's plum I I I Flueggea virosa I flueggea Hibiscus tiliaceus I mahoe I Hiptage benghalensis I hyptage I Jasminum sambac I Arabian jasmine I Koelreuteria etegans I golden shower tree I Leucaena leucocephala_ I lead tree I Ligustrum japonicum I Japanese privet I Ligustrum lucidum I Glossy privet ! - I 50£1 http://www.fleppc.org/97list.htm 'wi I II I II I II I I II I I II I p I II I II I II I II ['11-1 II I II I II I II I II I II I II I II I II I III II I II I II I II I 1\ 1/6/999:05 AM I I I I I I I I I I I I I I II I ¡nl I II I I II I I II I ...---.-..-......--..---- r'~ose-ap~le -----------.-----, II --I I tropical almond - j II I I puncture vine, bumut I II I I lime berry I II I j II I I II j I II I I II I . 1997 tnrasive'Plant List 1W" I Melinis minutiflora I Merremia tuberosa I Murraya paniculata_ I Myriophyllum spicatum ! I Nephrolepis multiflora I Ochrosia parviflora (=0. elliptica) I I Oeceoclades maculata I Paederia craddasiana I Passif¡orajoetida I ! Phoenix reclinata ; I Pittosporum pentandrum I Pittosporum tobira I I Rhynchelytrum repens I Sansevieria hyacinthoides_(=S. I trifasciata) ; i , Solanum diphyllum I I Solanumjamaicense I I Syngonium podophyllum ; I Syzygiumjambos_ ! I Terminalia catappa I Tribulus cistoides I Triphasia trifoliata I ! I Urena lobata I Wedelia tri/obata ! I Wisteria sinensis 1 ! I Xant hosoma sagittifolium Citation example: 60f7 I molasses grass I wood-rose I orange-jasmine I Eurasian water-milfoil I Asian sword fern I kopsia ground orchid sewer vine, onion vine stinking passion-flower I reclining date palm I pittosporum I Japanese pittosporum I Natal grass ! , bowstring hemp I I I twinleaf nightshade .1 Jamiaca nightshade I arrowhead vine I I Caesar's weed I ! wedelia I I Chinese wisteria I melanga, elephant ear http://www.f1eppc.org/97list.htm ..".¡ II II I I I jp I I I I I I I I II II II II II II II II II II II - 1/6/99 9:05 AM - -I 1Q 15 WIll.. ,..",. Counly liE: rirlj r(I:"II.~; ~_.- - Dupuis . -- -. -- .,-~- - Reserve Locator Map EXHIBIT "M" Page 1 of 2 w > t::( wW ~(f) -w t::( (f) EXHIBIT "M" Page 2 of 2 t '-' ....,¡ ITEM NO. C-!JIÔ AGENDA REQUEST DATE: February 23, 1999 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD; OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBLTECT: Street Naming - Garden Lane Private Ingress/Egress Easement Resolution No. 99-53 Govt. Lot 1, Sect. 29, Twp 36S, Rng 41E BACKGROlmD: See attached memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approved the proposed street name "GARDEN LANE" as indicated on the attached map for the private ingress/egress easement and direct staff to record the Resolution in the Public Records of St. Lucie County, notify all the property owners and all the necessary entities of the approved street name. COMMISSION ACTION: CONCURRENCE: [~ [ ] APPROVED OTHER: DENIED ~~ Do~glas Anderso County Administrator County Attorney: ~/ Review and ~provals Comm. DeveloP'~ Public safety:~ if applicable) ~ Publicworks: lhw Co.Eng. 1l~ r Eff 5/96 Originating DePt.~ Finance: (Check for Copy only, · '-" -....I 6b PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: February 11, 1999 SUBJECT: Street Naming - Garden Lane Private Ingress/Egress Easement Resolution No. 99-53 Govt. Lot 1, Sect. 29, Twp 36S, Rng 41E The Property Acquisition Division has received a request from Community Development to name the private Ingress/Egress Easement located in Government Lot 1, Section 29, Township 36 South, Range 41E lying East of the Florida East Coast Railroad, West of S. Indian River Drive and approximately 1.25 miles North of Walton Road. The purpose of formally naming this Ingress/Egress Easement is as follows: 1. The street names that the property owners currently use have never been formally named. 2. To correct the addressing problem when addresses are assigned for new home construction and correct existing inconsistencies. 3. Aid emergency responses to existing homes This private ingress/egress easement is privately owned. The County does not own or maintain this easement. There are nine(9) property owners in this area. On September 14 and October 29, 1998, the affected property owners were notified ~ '-' ......, and asked to suggest a street name for this private ingress/egress easement. Out of nine property owners, we received five (5) responses as follows: 1. Indian Sunrise Lane - received one response, this name has been prelimarily approved by County Staff 2. Indian River Drive received two responses, this is a duplicate and the private ingress/egress easement runs West off of S. Indian River Drive and cannot be used 3. Garden Lane - received two responses, this name has been prelimarily approved by County Staff. According to the property owners, this name has been used since 1955. The Public Safety Division and County Engineer has approved the proposed street name of GARDEN LANE. RECOMMENDATION: Staff recommends that the Board approved the proposed street name "GARDEN LANE" as indicated on the attached map for the private ingress/egress easement and direct staff to record the Resolution in the Public Records of St. Lucie County, notify all the property owners and all the necessary entities of the approved street name. Respectfully submitted, c~ ~4/ý¿:7 Donald G. Cole Property Acquisition Manager DC/bv G:\acq\WP\BELINDA\STREETNA\Indian River Dr\bocc memo.wpd '-'" --- I'- ""'- a a a I - a a a I I'<) "\I- C\J '- ...., CJ) CD m(Y)W C\J Q. ~ ._~ c...c oCl)Q) ".;::¡ C 0) ü 3: c Q)o~ CJ)I--CI: ~ --- - ""'- 8 --- I ___ a a::> I ""'- -<...0 I'- 8""'- C) 8 98 C) a C) I'<) a I I "\I- a::> I'<) I'<) 8 C\J '- --- C\J a I I'<) '- I I ""'- "\I- I a I'<) --- I 8 C\J 0") I '- ""'- I I C\J a I C) C) I C) "'0 C) I C) Q) I a::> I I E C) I I'<) C) I I'<) ~ C) I C\J Z I I '- - I'<) I Q) C\J I ..0 '- I 0 +-' +-' C Q) E Q) CI) ~ w CI) CI) Q) ~ --- 0) --- --- --- --- "\I- ~ C) I'- "\l- I'- ""'- ""'- ""'- ""'- ""'- 8 CI) a a C) --- ~ê C) C) a 8 C) --- 0") - - - I C\J ""'- O)~ I I I a l[) ""'- a a::> - C\J a I a C) C) c~ 8 a "\I- a C) a a 8 a C) C) I C C) I a 8 I I C\J Q) I I'<) I I'<) - C) +-' Q) - I'<) I C) ~"'O I'<) I'<) tv¡ I'<) tv¡ a a C\J C\J 1'<)- C\J C) > ~ '- '- C\J I C) I "C ~ '- C\J 0") I - 0....0 - a '- C\J a l[) I'- I'- '- I'<) '- '- ~ ...".¡ RESOLUTION NO. 99-53 A RESOLUTION NAMING THAT CERTAIN INGRESS-EGRESS EASEMENT AS GARDEN LANE LYING IN GOVERNMENT LOT 1, SECTION 29, TOWNSHIP 36 SOUTH, RANGE 41 EAST OF ST. LUCIE COUNTY, FLORIDA. WHEREAS, THE Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.G5(a), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Pt. A, St. Lucie County Code Section 1-17-54, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.G5.0a(C) (2), streets, regardless of functional classification, which run parallel to the north-south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Streets regardless of classification, which run parallel to the east-west base line of (U.S. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. 1 \...I '-' 4. The following street name has been reviewed, verified and approved by the County Engineer, 911, Property Acquisition Division and Community Development Departmen t . 5. The private ingress/egress easement more particularly defined according to the attached map and more particularly described in EXHIBIT "An attached, located in Government Lot I, Section 29, Township 36 South, Range 41 East, lying East of the Florida East Coast Railroad Right-of-Way and West of the Indian River shall be named as GARDEN LANE. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The private ingress/egress easement more particularly defined according to the attached map and more particularly described in EXHIBIT "An attached, located in Government Lot I, Section 29, Township 36 South, Range 41 East, St. Lucie County, Florida, lying East of the Florida East Coast Railroad Right-of-way and West of the Indian River shall be named as GARDEN LANE. B. The sole purpose of this resolution is to establish the name of the easement set out above. Nothing in this Resolution shall be construed as indicating the intent of the Board to accept maintenance of this private easement. 2 ~ ......, C. The County Engineer is hereby directed to notify the appropriate utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Election, the Road Department and the Sheriff of St. Lucie County, Florida. After motion and second, the vote on this resolution was as follows: Chairwoman Paula A. Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 23rd day of February, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:\acq\WP\BELINDA\STREETNA\Indian River Dr\Resolution 29 36 41.wpd 3 ~ '-' LEGAL DESCRIPTION AN EASEMENT FOR INGRESS AND EGRESS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 20' OF THE SOUTH 275.98' OF GOVERNMENT LOT 1, SECTION 29, TOWNSHIP 36 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF THE FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY AND WEST OF THE INDIAN RIVER. ~ ..",.,¡ ITEM NO. {'- S (2 AGENDA REQUEST DATE: February 23, 1999 REGULAR [ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Street Naming - St. Lucie Gardens Subdivision Private Ingress/Egress Easement Resolution No. 99-46/Forgotten Lane BACKGR0111iD: See attached memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the proposed street name "Forgotten Lane" as indicated on the attached map for the private ingress/egress easement, and direct staff to record the Resolution in the Public Records of St. Lucie County, notify all the property owners of the approved street name and all the necessary entities that affect service to this area. COMMISSION ACTION: CONCURRENCE: [ I] [ ] APPROVED OTHER: DENIED fbj~ ~4 Douglas Anderson - County Administrator Review ."d 1\P~'::. xx PublJ.c Works: ~ XX 911 Coordinator: ~~ XX County Attorney: XX Originating Dept. ~ ðr/ xx County Eng:~ ~ XX Comrn. Develop. /~ /: E f f. '/ 5 / 9 6 Finance: (Check for Copy only, if applicable) G:\acq\WP\BELINDA\STREETNA\STLUCIEG\Forgotten Ln AGENDA.SLG.wpd ~ To' '-" -..J cy PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: February 3, 1999 SUBJECT: Street Naming - St. Lucie Gardens Subdivision Private Ingress/Egress Easement Resolution No. 99-46/Forgotten Lane The Property Acquisition Division has received a request from Community Development to name the private Ingress/Egress Easement located in St. Lucie Gardens lying East of U.S. Highway 1. The purpose of formally naming this Ingress/Egress Easement is as follows: 1. The street names that the property owners currently use have never been formally named. 2. To correct the addressing problem when addresses are assigned for new home construction and correct existing inconsistencies. 3. Aid emergency responses to existing homes. 4. Some of the easements change names midway. 5. One of the easements is unnamed and residents are currently using another street for their address. At the present time the private ingress/egress easements are either platted by the St. Lucie Gardens Subdivisions or privately conveyed. The County does not own or maintain these easements. "-" '-" There are five (5) property owners in this area. On September 30 and December 1, 1998, the affected property owners were notified of the proposed street names and asked for their approval or suggestions. out of five property owners, we received two responses as follows: 1. Forgotten Lane - received one response 2. No Name Lane - this was an optional choice and is a duplicate street name and cannot be used. 3. Bobcat Run _ received one response and this is a duplicate street name with Bobcat Run and cannot be used. 4. Bobcat Way - received one response and this is a duplicate street name with Bobcat Run and cannot be used. On February 3, 1999, the property owners were notified of the proposed street name of FORGOTTEN LANE. The Public Safety Division and County Engineer has approved the proposed street name of Forgotten Lane. Out of all of the proposed suggestions, only Forgotten Lane was approved and could be used. RECOMMENDATION: Staff recommends that the Board approve the proposed street name "Forgotten Lane" as indicated on the attached map for the private ingress/egress easement, and direct staff to record the Resolution in the Public Records of St. Lucie County, notify all the property owners and all the necessary entities of the approved street name. Respectfully submitted, ~/~ Donald G. Cole Property Acquisition Manager DC/bv G:\acq\WP\BELINDA\STREETNA\STLUCIEG\Forgotten Ln Memo.wpd '-" ~ There are five (5) property owners in this area. On September 30 and December 1, 1998, the affected property owners were notified of the proposed street names and asked for their approval or suggestions. Out of five property owners, we received two responses as follows: 1. Forgotten Lane - received one response 2. No Name Lane - this was an optional choice and is a duplicate street name and cannot be used. 3. Bobcat Run - received one response and this is a duplicate street name with Bobcat Run and cannot be used. 4. Bobcat Way - received one response and this is a duplicate street name with Bobcat Run and cannot be used. On February 3, 1999, the property owners were notified of the proposed street name of FORGOTTEN LANE. The Public Safety Division and County Engineer has approved the proposed street name of Forgotten Lane. Out of all of the proposed suggestions, only Forgotten Lane was approved and could be used. RECOMMENDATION: Staff recommends that the Board approve the proposed street name "Forgotten Lane" as indicated on the attached map for the private ingress/egress easement, and direct staff to record the Resolution in the Public Records of St. Lucie County, notify all the property owners and all the necessary entities of the approved street name. Respectfully submitted, ~~¿t' Donald G. Cole Property Acquisition Manager DC/bv G:\acq\WP\BELINDA\STREETNA\STLUCIEG\Forgotten Ln Memo.wpd '-" ~. RESOLUTION NO. 99-46 A RESOLUTION NAMING CERTAIN INGRESS-EGRESS AS FORGOTTEN LANE LYING IN ST. LUCIE GARDENS AS RECORDED IN PLAT BOOK 1, PAGE 35 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LYING IN SECTIONS 24, TOWNSHIP 36 SOUTH, RANGE 40 EAST OF ST. LUCIE COUNTY, FLORIDA. ;WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(a), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Pt. A, St. Lucie County Code Section 1-17-54, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7. 05. 08(C)(2), streets, regardless of functional classification, which run parallel to the north-south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Streets regardless of classification, which run parallel to the east-west base line of (U.s. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. 4. The following street name has been reviewed, verified and approved by the County Engineer, 911, Property Acquisition Division and Community Development Department. 5. The private ingress/egress easements more particularly defined according to the attached map and more particularly described in EXHIBIT "A" attached, located in St. Lucie Gardens Subdivision as recorded in Plat Book 1, Page 35 lying Sections 24, Township 36 South, Range 40 East of St. Lucie County, Florida and lying East ofU.S. Highway shall be named as FORGOTTEN LANE. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The private ingress/egress easements more particularly defined according to the attached map and more particularly described in EXHIBIT "A" attached, located in St. Lucie Gardens '-'" ..,I Subdivision as recorded in Plat Book 1, Page 35 lying Section 24, Township 36 South, Range 40 East of St. Lucie County, Florida and lying East of us. Highway shall be named as FORGOTTEN LANE. B. The sole purpose of this resolution is to establish the name of the easements set out above. Nothing in this Resolution shall be construed as indicating the intent of the Board to accept maintenance of these private easements. C. The County Engineer is hereby directed to notify the appropriate utilities, the Us. Postal Service, the Property Appraiser, the Supervisor of Election, the Road Department, and the Sheriff of St. Lucie County, Florida. After motion and second, the vote on this resolution was as follows: Chairwoman Paula A. Lewis XAX Vice-Chairman John Bruhn XAX Commissioner Cliff Barnes XAX Commissioner Doug Coward XAX Commissioner Frannie Hutchinson XAX PASSED AND DULY ADOPTED THIS 23rd day of February, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~ ...I EXHIBIT "A" All that part of the existing travelway lying over and across Lots 6, 8, 9 and 11 of block 3; all lying in St. Lucie Gardens Subdivision as recorded in Plat Book 1, Page 35 lying in Section 24, Township 36 south, Range 40 East of the Public Records ofSt. Lucie County, Florida. , . 134/4- SO/- 05/3- 2S0141 16 13414-50I-0516-(JOOI8J 13414- SOI- 0514- 400181 Tilton Road I 1 34/4-SO/-/0/0-0501 3) 134/4-SOI-l0/2-2SOI91 13414-501-/010-300111 134/4-SOI-l010-/0019) 1 34/4-SO/-/0//- 300181 1 3414-SOI-/0/2- 30015J 'ó/T 1 34/4-SOI-l0/0- 3S016J 13414-SOI-1010-/SOI4J 1 3414-SOI-/0//-350/ 3J 13414-501-1012-350/0) 13414-SOI-l01Q-:40012J 13414-SO/-/01Q-2OO/0J 13414-SOI-/0//-400/9) 13414-SOI-/012-400/6J I 13414-SOI-//07-2SO/2J 13414-SOI-l/07-o50/01 13414-SOI-//05-oSO/6) 13414-SO/-//06-o50/6J J r-- ------------- ( I I I 2 I I I I I I I I I I I I I I ---~-------~---------------~ I I I I I I I I I I I I I I I I " I I I I I I I I I I I I I I I I r---------------+ I I~ I I I I I I I I I ~ I I I I I I I I i I I 134/4-SOl-//07- 30018J 13414-50/-//07-IOO/6J 13414-SOl-//06-IOO/9) 134/4-SO/-//06-/00/2J 13414-SOl-//07- 3SO/3J 13414-SO/-//07-/SO/11 1 34/4-50l-//06-/SO/ 41 134/4-50l-//05-/SO/7J 134/4-SOI-//07-400/9J 13414-SOl-//07-200/11 134/4-SOl-//06-2OO/01 ~ ~ 134/4-50/-//05-200/3) 13414-SOl-ll08-25O/9J ~ - 13414-SO/-//08-DSO¡'ifj 134/4-SOl-IÌÓ6-2SO/5J (3414-501-1105-250/8) .. - 1 3414-SOl-//08- 300/5. 134/4-50/-//08-100/-'1 13414-SO/-//06-300/11 (3414-SOl-//05- 300/ 4J 13414-501-//08- 35010J (3414- 50l-//08-/50/8J 13414-SO/-//06-350/6) (3414-SOl-//05- 3S019J 134/4-SOl-//08-400/6J 134/4-50/-//08-200/ 4J 13414-SOl-//06-40012J 13414-SO/-//05-400/51 13414-SOl-II09- 2SO/6J 13414-501-//09-050/ 4J 13414-SOI-lI//-0SO/11 (34/4-SOl-/l/2-o50/81 13414-50/-//09- 30012J 13414-SOl-//09-/00/0J 13414-SO/-/l//-/00/7) 1 3414-SOl-//09- 3SO/7) 134/4-501-//09-ISOI5J (3414-5OI-I/I/-ISO/2J 13414-50l-//09-400/3J 134/4-501-//09-200/11 - 134/4-50/-"'0-2SO/6) 1 3414-SOI-l1l0-D5014) 134/4-SO/-/l/Q-/00/OJ 134/4-501-/1/0- 300/2J ( 34/4-50/-I/I/-2OO/8J 13414-SO/-/l/2-(0014) 13414-501-/1/2-/5019) 13414-501-1//2-20015) -- (34/4-so7Æ/-25013) (J414-50/-/l/2-250/0) 134/4-SOl-////-JOO/9J -- J414-50l-/l/2-300/6J l:J (I o a: l:J ... (I c: c: Q.) ....J ~_I~!I'- IngresSlEgress Easement to be Named Forgotten Lane Community Development f Geographic Information Systems Map revised February 1,1999 ThIt mIp 11M ~ complied Iat ~pWAng Ind ,..,.,.,.,. ~ r:rit WNIII rNW'f IIfbt hM bMn ".... 10 pn:Mde ... IY'OtIt CUNnt Ind *XU''' irIIorfMbI poId)It, it ill not ~ lor UN . . .. bIrdng áCJQmenl N ~- ~i ,....., AGENDA REOUEST ITEM NO. (!- 5 D DATE: February 23, 1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUHMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 99-09 - Amending Section 1-7-1 of Chapter 1-7 of the St. Lucie County Code of Ordinances to include an assessment of two dollars for non-criminal infractions; amending Section 1-7-2, 1-7-3, and 1-7-4 of Chapter 1-7 to increase the :filing fees for the law library; and amending Section 2-10-17 of Chapter 2-10 to increase all filing fees under Section 2-10-17 to be consistent with the increases in Chapter 1-7 as described herein. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant pennission to advertise the attached Ordinance No. 99-09 as drafted. COMMISSION ACTION: [vi' APPROVED [] DENIED [ ] OTHER: CONCURRENCE: fJ4,~ Douglas Anderson County Administrator County Attorney: ßk Review and ADDrovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)~ Eff. 5/96 · \..I ....." S:l INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 99-185 DATE: February 16, 1999 SUBJECT: Ordinance No. 99-09 - Amending Section 1-7-1 of Chapter 1-7 of the St. Lucie County Code of Ordinances to include an assessment of two dollars for non-criminal infractions; amending Section 1-7-2, 1-7-3, and 1-7-4 of Chapter 1-7 to increase the filing fees for the law library; and amending Section 2-10-17 of Chapter 2-10 to increase all filing fees under Section 2-10-17 to be consistent with the increases in Chapter 1-7 as described herein BACKGROUND: Effective July 1, 1998, pursuant to Committee Substitute for House Bill 3255, a two dollar court cost must be assessed for local law enforcement training, pursuant to 938.15, Florida Statutes. Further, the St. Lucie County Law Library Board of Trustees has recommended that the Board of County Commissioners consider increasing the current law library filing fees. These increases are needed in order to generate additional revenue for the law library, due to the increase in computer costs and the anticipated increases of ten to fifteen percent a year over the next few years by the publishing companies. The attached Ordinance No. 99-09 has been drafted for that purpose. , '-' ....., RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise the attached Ordinance No. 99-09 as drafted. DSM/cac Attachment ~ ...." ORDINANCE NO. 99-09 AN ORDINANCE AMENDING SECTION 1-7-1 (ADDITIONAL COSTS FOR LAW ENFORCEMENT TRAINING) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; TO INCLUDE AN ASSESSMENT OF TWO DOLLARS FOR NON-CRIMINAL INFRACTIONS; AMENDING SECTION 1-7-2 (CIRCUIT COURT - CIVIL DIVISION SERVICE CHARGES); AMENDING SECTION 1-7-3 (CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES) ; AND AMENDING SECTION 1-7-4 (COUNTY COURT CIVIL DIVISION CHARGES AND COSTS) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-7 (COURTS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; TO INCREASE ALL FILING FEES FOR THE LAW LIBRARY; AND FURTHER BY AMENDING SECTION 2-10-17 (LEVY OF COURT COSTS FOR SUPPORT OF LIBRARY) OF ARTICLE II (LAW) OF CHAPTER 2-10 (LIBRARIES) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES TO INCREASE ALL FILING FEES UNDER SECTION 2-10-17 OF SAID CODE OF ORDINANCES TO BE CONSISTENT WITH THE INCREASES IN CHAPTER 1-7 AS DESCRIBED HEREIN; FURTHER PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of st. Lucie County, Florida, has made the following determinations: 1. Effective July 1, 1998, pursuant to Committee Substitute for House Bill 3255, a two dollar court cost must be assessed for local law enforcement training, pursuant to 938.15, Florida Statutes. Struck through passages are deleted. Underlined passages are added. -1- ~ ""w1I 2. The St. Lucie County Law Library Board of Trustees has recommended that the Board of County Commissioners consider increasing the current law library filing fees. These increases are needed in order to generate additional revenue for the law library, due to the increases in computer costs and the anticipated increases of ten to fifteen percent a year over the next few years by the publishing companies. 3. This Board has determined that it is necessary and in the best interest of the citizens of st. Lucie County, Florida, to amend Section 1-7-1 of Article I of Chapter 1-7 of the st. Lucie County Code of Ordinances to include a two dollar assessment for non criminal infractions and to amend Section 1-7-2, Section 1-7- 3, and Section 1-7-4 of Article I of Chapter 1-7 of the St. Lucie County Code of Ordinances by increasing the filing fees as recommended by the st. Lucie County Law Library Board of Trustees, and further to amend Section 2-10-17 of Article II of Chapter 2-10 of the St. Lucie County Code of Ordinances by increasing the filing fees to be consistent with the increases in Chapter 1-7 as described herein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Chapter 1-7 (Courts) of the st. Lucie County Code of Ordinances is hereby amended to read as follows: struck through passages are deleted. Underlined passages are added. -2- '-'" ~ Chapter 1-7 COURTS ARTICLE I. IN GENERAL PART A. AMENDMENT OF SECTION 1-7-1. ADDITIONAL COSTS FOR LAW ENFORCEMENT TRAINING. Section 1-7-1 (Additional costs for law enforcement training is hereby amended to read as follows: Section 1-7-1. Additional costs for law enforcement training. Every court in the country, created by Article V of the State Constitution shall assess two dollars ($2.00) in addition to the two dollars ($2.00) assessed by Section 943.25(4), Florida Statutes, as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance or non-criminal infraction. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles. All such costs collected by the aforesaid courts shall be deposited in a special grant fund of the county to be used for law enforcement training expenditures by said county. PART B. AMENDMENT OF SECTION 1-7-2. DIVISION SERVICE CHARGES. CIRCUIT COURT - CIVIL Struck through passages are deleted. Underlined passages are added. -3- ~ ""-" Section 1-7-2 (Circuit Court - Civil Division Service Charges) is hereby amended to read as follows: Section 1-7-2. Circuit Court - Civil Division Service Charges. The party instituting any civil action, suit or proceeding in the circuit court shall pay to the clerk of the court service charges as follows: (a) For filing all civil actions (over five thousand dollars ($5,000.00): *Clerk's service charge....................... $ 40.00 State civil action fees......................· $ 10.00 $ 30.00 $ 8.00 $ 20.00 Legal Aid...................·················· Law library............................ .$15.00 Court facility charge.................. ....... State court education trust fund....... ....... $ 2.50 Mediation-arbitration charge.................. $ 5.00 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.50 $115.50 *This service charge is for up to and including five (5) defendants. If there are more than five (5) defendants, there is an additional charge of two dollars ($2.00) for each additional defendant. (b) Additional charge for proceeding of ~rnishment, attachment, replevin, and di 5 t res 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 35 . 00 struck through passages are deleted. Underlined passages are added. -4- '-" ....,¡ (c) Additional charge to be paid by the party seeking each severance that is granted. ....... $ 10.00 (d) For filing petition for dissolution of marriage or annulment: Clerk's service charge................. ....... $ 40.00 Legal aid..................................... $ 10 . 00 Law library............................ .$15.00 $ 30.00 State civil action fees....................... $ 8.00 Court facility charge......................... $ 20.00 HRS fee....................................... $ 5 . 0 0 state court education trust fund.............. $ 2.50 Mediation-Arbitration charge.................. $ 5.00 Filing of Final Judgment of Dissolution of Marriage service charge....................... $ 7.00 Displaced Homemaker Trust Fund......... ....... $ 5.00 Total................................. .$117.50 $ 132.50 (e) For filing petition for modification of a final judgment of dissolution of marriage: Mediation-Arbitration charge........... ....... $ 45.00 Leg a 1 Ai ç:i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 1 0 . 0 0 Total... .0..................................... $ 55.00 (f) For filing notice of appeal: a. Service charge to district court struck through passages are deleted. Underlined passages are added. -5- '-' ~ of appeal and state supreme court. ....... $ 250.00 b. Service charge to clerk of the circuit court............. ............... $ 75.00 c. Certified copy of notice of appeal for district court....................... $ 2.00 PART C. AMENDMENT OF SECTION 1-7-3. CIRCUIT COURT - PROBATE AND GUARDIANSHIP DIVISION SERVICE CHARGES. Section 1-7-3 (Circuit Court Probate and Guardianship Division Service Charges) is hereby amended to read as follows: Section 1-7-3. Circuit Court - Probate and Guardianship Division Service Charges. The service charges of the clerk of the circuit court for filing probate and guardianship cases are as follows: (a) For the opening of any estate of one document or more, including but not limited to petitions and orders to approve settlement of minor's claims; to open a safe deposit box; to enter rooms and places; for the determination of heirs if not formal administration and for a foreign guardian to manage property of a nonresident, but not to include issuance of letters or order of summary and family administration: Clerk's service charge......................... $ 20.00 Legal aid........................... L~~....... $ 5.00 Law library.............................. $15.00 $ 30.00 struck through passages are deleted. Underlined passages are added. -6- '-' ""'" Court facility charge. ......................... $ 8.00 Mediation-Arbitration charge................... $ 5.00 Total................................... .$53.00 $ 68.00 (b) Caveat: Clerk's service charge......................... $ 15.00 Legal aid...................................... Law library.............................. $15.00 Court facility charge.................. ........ Mediation-Arbitration charge................... Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48.00 $ 5.00 $ 30.00 $ 8.00 $ 5.00 $ 63.00 (c) Petition and order to admit foreign wills, authenticated copies, exemplified copies or transcripts to record: Clerk's service charge......................... Legal aid...................................... Law library... ...........................$15.00 Court facility charge.......... ........ ........ Mediation-Arbitration charge................... Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 63. 00 (d) For disposition property personal of administration: $ 30.00 $ 5.00 $ 30.00 $ 8.00 $ 5.00 $ 78.00 without Clerk's service charge................. ........ $ 20.00 Legal aid........~........................... $ 5.00 Law 1 ibr ary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15 . 00 $ 30. 00 Struck through passages are deleted. Underlined passages are added. -7- '-" "'" Court facility charge.......................... $ 8.00 Mediation-Arbitration charge................... $ 5.00 Total................................... .$53.00 $ 68.00 (e) Summary administration: Clerk's service charge......................... $ 35.00 $ 5.00 $ 30.00 $ 8.00 Legal aid...................................... Law library............................. .$15.00 Court facility charge.......................... State court education trust fund............... $ 2.50 Mediation-Arbitration charge................... $ 5.00 Total................................... .$70.50 $ 85.50 (f) Family administration: Clerk's service charge......................... $ 45.00 $ 5.00 $ 30.00 $ 8.00 Legal aid...................................... Law library............................. .$15.00 Court facility charge.......................... State court education trust fund........ ....... $ 2.50 Mediation-Arbitration charge................... $ 5.00 Total................................... .$80.50 $ 95.50 (g) Formal administration guardianship, ancillary, curator- ship or conservatorship proceedings: Clerk's service charge......................... $ 75.00 Legal aid...................................... $ 5.00 struck through passages are deleted. Underlined passages are added. -8- '-' -.....I Law library............................ ..$15.00 $ 30.00 Court facility charge. ......................... $ 8.00 State court education trust fund............... $ 2.50 Mediation-Arbitration charge................... $ 5.00 Total.................................. .$110.50 $125.50 (h) Guardianship proceedings of person only: Clerk's service charge......................... $ 25.00 $ 5.00 $ 30.00 $ 8.00 $ 5.00 $ 73.00 Legal aid...................................... Law library.............................. $15.00 Court facility charge.......................... Mediation-Arbitration charge................... Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $: 58. 00 (i) Veteran administration guardianship pursuant to Chapter 744, Florida Statutes: Clerk's service charge. ........................ $ 25.00 (j) Exemplified certificates: Clerk's service charge......................... $ 4.00 Cover sheet.................................... $ 1.00 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 5.00 (k) Petition for determination of incompetency: Clerk's service charge.................. ....... $ 25.00 Legal aid...................................... $ 5.00 Law library............................. .$15.00 $ 30.00 Struck through passages are deleted. Underlined passages are added. -9- '-' ..., Court facility charge. ......................... $ 8.00 Total................................... .$53.00 $ 68.00 PART D. AMENDMENT OF SECTION 1-7-4. COUNTY COURT CIVIL DIVISION CHARGES AND COSTS. Section 1-7-4 (County Court Civil Division Charges and Costs) is hereby amended to read as follows: Section 1-7-4. County Court Civil Division Charges and Costs. Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing his action or proceeding shall pay the following service charges: (a) Claims of less than one hundred dollars ($100.00): Fi 1 ing fee..................................... $ 10.00 $ 5.00 $ 2.00 $ 6.00 $ 2.50 $ 7.00 $ 5.00 $ 37.50 Legal aid...................................... Court facility................................. Law 1 ibr ary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3. 00 state court education trust fund............... state court cost............................... Mediation-Arbitration charge................... Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3.4 .50 (b) Claims of one hundred dollars ($100.00) or more but less than two thousand five hundred dollars ($2,500.00): Fi 1 ing fee..................................... $ 25. 00 Legal aid...................................... $ 5.00 Struck through passages are deleted. Underlined passages are added. -10- .'-' '...,,/ Court facility................................. Law library............................... $ 3.00 State court education trust fund............... state court cost............................... Mediation-Arbitration charge................... Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 4.50 $ 7.00 $ 6.00 $ 2.50 $ 7.00 $ 5.00 $ 57.50 (c) Claims of more than two thousand five hundred dollars ($2,500.00) : Filing fee..................................... Legal aid...................................... Court facility................................. Law library.............................. $ 3.00 State court education trust fund............... state court cost............................... Mediation-Arbitration charge................... Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 4 .50 (d) Removal of tenant (eviction): Filing fee..................................... Legal aid...................................... Court facility................................. Law library.............................. .$7.50 state court education trust fund............... state court cost............................... $ 40.00 $ 5.00 $ 12.00 $ 10.00 $ 2.50 $ 7.00 $ 5.00 $ 81. 50 $ 35.00 $ 5.00 $ 4.00 $ 15.00 $ 2.50 $ 7.00 struck through passages are deleted. Underlined passages are added. -11- '-" ....., Mediation-Arbitration charge................... $ 5.00 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66.00 $ 73.50 (e) Additional charge for proceeding of garnishment, attachment, replevin and distress...... ........ $ 35.00 ( f) Notice of appeal (two (2) separate payments)*: Filing notice of inferior court, county court.. $ 50.00 Filing notice to higher court, circuit court. . . $ 75.00 *These charges do not include service charge for certified copy of notice of appeal to the circuit court. Chapter 2-10 LIBRARIES* ARTICLE II. LAW* PART E. AMENDMENT OF SECTION 2-10-17. (LEVY OF COURT COSTS FOR SUPPORT OF LIBRARY. Section 2-10-17 (Levy of court costs for support of library) of Article II (Law) of Chapter 2-10 (Libraries) of the st. Lucie County Code of Ordinances is hereby amended to read as follows: Section 2-10-17. Levy of court costs for support of library. There shall be taxed and collected by the clerk of the circuit court of st. Lucie County, Florida, for each case filed charges for the st. Lucie County Law Library as set out in Sections 1-7-2, 1-7-3 and 1-7-4 of the Code of Ordinances of st. Lucie County, struck through passages are deleted. Underlined passages are added. -12- "-' ..., Florida, thc Gum of fiftccn dollarG ($15.00) uG COGtG for cach circuit ci~il court filing; fiftccn dollaro ($15.00) for cuch civil county court caGC filcd othcr than GUIRHtury cluimG; and thrcc dollarG ($3.00) for cach GUffiffiary claim filcd in thc county court, in and for st. Lucic County, Floridu, in addition to the costs otherwise provided by law, the whole of which sums shall be set apart by said clerk to be used exclusively for the purpose and maintenance of said law library. The said clerk shall turn over said funds so collected, at the end of each month, to the board of trustees herein established. Provided, however, that said board of trustees may, from time to time, as the circumstances require, determine, by resolution at any regular meeting, that the sums as hereinabove provided are not required for the prooper operation and maintenance of said law library, and may direct the clerk of the circuit court of st. Lucie County to collect any lesser amount, until such time as said board, by similar resolution, may deem it necessary to collect any larger amount, not exceeding the sums set forth above. PART F. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of st. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts struck through passages are deleted. Underlined passages are added. -13- ..... ......" thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART H. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of state, The Capitol, Tallahassee, Florida 32304. PART I. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Secretary of State. PART J. ADOPTION. After motion and second, the vote on this ordinance was as follows: - Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX struck through passages are deleted. Underlined passages are added. -14- ~ -...J Commissioner Frannie Hutchinson XX Commissioner Doug Coward XX PART K. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of st. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts F through K shall not be codified. PASSED AND DULY ENACTED this XX day of March, 1999. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY struck through passages are deleted. Underlined passages are added. -15- '~ ,..; ITEM NO. C-6 AGENDA REQUEST DATE: 2/23/99 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jack Doughney Director of Leisure Services SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [] DENIED [~OTHER: PULLED eoonw- ~.. Originating De~ c.... / '3 ~ ( H, ,wp\AGENDA99 ,GRANT . VPD Leisure Services Grant Agreement with the St. Lucie Mural Society to facilitate the production of a mural at the Bob Gladwin Baseball Complex, Field #1. On June 1, 1998 the Board of County Commissioners approved a ten-year agreement with Florida Coca-Cola. As part of that agreement, Coca-Cola is to provide $3,500 as a Mural Sponsorship. Leisure Services' intent was to place a mural (baseball theme) on the south side of the main bleacher at field #1 , along with having "Bob Gladwin Baseball Complex" painted on the southwest wall under the press box. The St. Lucie Mural Society has been very successful in facilitating murals in St. Lucie County. The most recent example of this is the Ft. Pierce Amphitheatre. Due to this proven track record, Leisure Services is requesting a grant agreement with the St. Lucie Mural Society for the mural at the Bob Gladwin Baseball Complex. 104-7240-582000-700 N/A Staff recommends the Board approve the Grant Agreement with the St. Lucie Mural Society in the amount of $3,500, approved Resolution #99-57, and authorize the Chairman to sign. CONCURRENCE: ~~ Doug Anderson County Administrator Coordination/Sianatures M9t&BUdge~ Other: Purchasing Mgr.: Other: '-" ....." Œf.¡J RESOLUTION NO. 99- 57 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners Budget for St. Lucie County, Florida Coca-Cola Bottling Company presented the Board of County Commissioners with a check in the amount of $3,500 as a Mural Sponsorship. The mural is to be placed at the Bob Gladwin Baseball Complex Field #1. 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 19th day of January, 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 104-7240-366900-700 Donations $3,500 APPROPRIATIONS 104-7240-582000-700 Aid To Private Organization $3,500 - ~ ...., After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED THIS 19th DAY OF JANUARY, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY A TIORNEY '-' ....",,¡ CONTRACT THIS CONTRACT, made this _ day of 1999, between ST. LUCIE COUNTY, a political subdivision of the state of Florida, hereinafter called the "County" , and ST. LUCIE MURAL SOCIETY, or his, its or their successors, executors, administrators, and assigns hereinafter called the "Mural Society" and whose address is Post Office Box 4226, Fort Pierce, Florida 349448-4226. WITNESSETH: 1. DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is the installation of a baseball theme mural at the Bob Gladwin Baseball Complex in Fort Pierce, Florida, hereinafter referred to as the "Project". The County shall have fmal approval of the design selected for the mural. The County shall be responsible for cleaning and repairing the surface where the mural is to be installed prior to the artist beginning work on the Project. 2. PROJECT MANAGER The Project Manager for the County is Don McLam, Recreation Manager at (561) 462- 1514. The Project Manager for the Mural Society is JoAnn Holcomb at (561) 340-1234. 3. TIME OF PERFORMANCE The Mural Society shall guarantee completion of the Contract on or before May 31, 1999, subject to extension due to inclement weather upon prior approval of the County Project manager. The work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the work within the time limit set forth in the Contract. Should the organization of the Mural Society, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stáed time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as plæmed within the required time and to charge the cost of all such work against the Mural Society and his, or its Surety shall be held responsible therefore. The Mural Society fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Mural Society prior to the effective date of this Contract, unless the County authorizes such payment in writing. -1- ~ ...., 4. CONTRACT PAYMENT The County shall pay the Mural Society for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract, the total amount of three thousand five hundred and 00/100 dollars ($3,500.00). Payment shall be made in one lump sum payment within thirty (30) days of the date this Contract is executed on behalf of the County. The Mural Society shall be responsible for any additional costs associated with the Project. 5. AUDIT The Mural Society agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Mural Society involving transactions related to this Contract. The Mural Society agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Mural Society shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 6. GUARANTEE The Mural Society guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one (1) year after the day the work is accepted by the County Project Manager. Mural Society further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Mural Society from his or its obligations to do and complete the work in accordance with this contract. If the County deeJ:I:8 it inexpedient to require the Mural Society to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. 7. MURAL SOCIETY RESPONSmILtTY The Mural Society is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Mural Society, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Mural Society shall take the whole responsibility of the work am shall bear all losses resulting to him, or it, on account of the amount or character of the work, or because of the nature of the ground in or on -3- '-' ...,.; which the work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. 8. INDEMNIFICATION The Mural Society covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the perfurmance of this Contract. The Mural Society hereby' acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. 9. INSPECTION The project will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Mural Society. When the work is substantially completed, the Mural Society shall notify the County in writing that the work shall be ready for fmal inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 10. INSURANCE The parties acknowledge and agree that the Mural Society shall enter into an agreement with an artist for the Project. The Mural Society shall requires the artist to maintain during the lifetime of this Contract regular Comprehensive General Liability Insurance providing for a limit of not less than Two Hundred Thousand Dollars ($200,000.00) for all damages arising out of bodily injuries and property damage during the policy period. If any part of the work is subject, similar insurance shall be provided by or in behalf of the subcontractors to cover their operatirns. Certificates to all insurance required under this Contract shall be flled with the County at least seven (7) calendar days prior to the commencement of work and shall be subject to the County's approval for adequacy. 11. DEFAULT: TERMINATION Either party may terminate the Contract without cause at any time upon ten (10) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Mural Society for all authorized work performed through the termination date. 12. ATIORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the -3- '-" ""-tI event of any action by any party to this Contract to judicially interpret or mforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailirg party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 13. MEDIATION In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to fù~ . a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of tœ mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, the County has hereunto subscribed and the Mural Society has signed his, its, or their name, or names the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK WITNESSES: ST. LUCIE MURAL SOCIETY BY: NAME: TITLE: G;\ATI'Y\AGREEMNT\CONTRACT\MURAL.SOC.BASEBALL.WPD -4- ~ '-' AGENDA REQUEST ITEM NO. ~ DATE:2-17-99 REGULAR [ PUBLIC HEARING CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Veteran Services Paul J. Hiott.Manager SUBJECT: Proposed Change in Hours Open to the Public BACKGROUD: At the 9/11/98 St. Lucie Co. Veterans Advisory Council mtg.,the Veteran Services Manager proposed a change in the hours Veteran Services would be open to the public in both the South Co. & Ft.Pierce offices. (See attached copy of minutes). A motion was made & passed to proceed with a request to the Co. Admin. for approval. (See attached memo to Douglas Anderson). The proposed change is to establish a dedicated time for staff to update computer records, return calls and to review/complete daily claim work. Public hours of 8:30 am to 4:30 pm would allow staff this opportunity and coincide with the hrs. the Veteran Affairs Regional Office is open for inquires. On Wednesdays only, proposal is to have the South Co. staff & Ft.Pierce staff together in the Ft. pierce office for dedicated training time from 3:00 pm to 5:00 pm. It is imperative that staff stay well informed of the continual changes in VA benefits in order to provide the best posssible service to the veteran community. FUNDS AVAIL. : N/A PREVIOUS ACTION: N/A RECOMMENDATION: Change hours of the South County & Ft. pierce Veteran Services offices. Current hours open to the public are Mon.- Fri., 8:00 am to 5:00 pm. Propose change of public hours to Mon., Tues., Thurs. & Fri., 8:30 am to 4:30 pm & Wednesday, 8:30 am to 3:00 pm. Staff working hours to remain the same, Mon.- Fri., 8:00 am to 5:00 pm. ~~IS~~~:O~~~ION~ [ ] OTHER: DENIED cou~~ Douglas M. Anderson County Administrator Review and Approva~s County Attorn~~ Management & Budget Originating Dep~~ ~~~ Other: Finance: (Check for copy only, if applicable)___ purchasing: Other: Eff. 5/96 t . ~ , ~. E ~ ,.;; ~ ¡i - , - - . ; . '--" ......,¡ (! -7 ! MEMORANDUM TO: Doug Anderson, County Administrator Paul J. Hiott, Veteran services.~ February 15, 1999 FROM: DA TE: SUBJECT: Proposed Change in Business Hours I am requesting a change in business hours of when our South County and Ft Pierce offices would be open to the public as follows: Both offices open to the public from 8:30 am to 4:30 pm. Monday, Tuesday, Thursday and Friday. On Wednesdays, both offices would close to the public at 3:00 p.m. Staff would continue to work from 8:00 a.m. to 5:00 p.m., Monday through Friday. This would enable staffa half hour in the morning and a half hour in the afternoon to update computer records from that days client visits, return calls, research and review claims prior to submission without interruption. On Wednesdays, from 3:00 to 5:00, the plan is for the entire staff be together at the Ft. Pierce office. This would give me the opportunity to update and train staff on current VA benefits as well as keeping informed of the continual changes taking place with medical, educational and general benefits. I believe having staff together will prove more productive than our current training sessions which are usually done by phone. The result will be that the veteran community will be better served by a well informed staff I proposed these changes at the September, 1998 Veterans Advisory Council meeting. I wanted to hear their opinion, as they represent the majority of veterans in St. Lucie County. I have attached a copy of those minutes for your information. Thank you for your consideration. attachment (1) ':- c n '\ '0" , _uU I L ,J 11-99.mmo ø " e - - . ' . ~ , ..",¡ VETERANS ADVISORY COUNCIL MINUTES OF MEETING HELD SEPTEMBER 11, 1998 Council convened at 9: 15 a.m. with Vice Chairman Jerry Frost presiding. Vice Chairman Frost led Council members in the Pledge of Allegiance. The meeting was called to order and a quorum was present with the following 13 organizations in attendance: Air Force Sargents Association Chapter 564; American Legion Post 40; American Legion Auxiliary Unit 40; American Legion 318; American Merchant Marine Veterans, Treasure Coast Chapter; Disabled American Veterans Chapter 14; Disabled American Veterans Auxiliary Chapter 14; Disabled American Veterans Chapter 113; Disabled American Veterans Auxiliary Chapter 113; Jewish War Veterans Post 705; Veterans of Foreign Wars Post 10130; Veterans of Foreign Wars Post 10654; Veterans of Foreign Wars Auxiliary 10554. I i ~ The June minutes were read. No corrections were made, it was so noted and approved by Vice Chairman Jerry Frost, seconded by Art Schreiber, Jewish War Veterans, Chapter 705. OLD BUSINESS: . Richard Claassen, VFW 8058, has said that a lot of their men have been volunteering by taking veterans to the Primary Care clinic or to the Hospital. They're not signed up as volunteers and they're not getting any credit. He asked that the groups get credit for volunteering. Art Schreiber, Jewish War Veterans, Chapter 705 added that you have to spend one day in orientation at the V A Medical Center in West Palm Beach. Richard also mentioned that he will have a paid position with the Alzheimer Association. The group is bringing a referral center with respite care. They need volunteers. Also, Richard mentioned about getting a group together to visit Senator Connie Mack to tell him about the veterans displeasure. He asked that this be mentioned to the groups. . Vice Chairman Jerry Frost noted that the Primary Care Clinic in Fort Pierce is looking for help to frame and hang pictures. Please stop by and see Tracy Simms if you can help. NEW BUSINESS: . Leonard Gershony, JWV 750, suggested to place a ITont tag on each of the two new vans with the name of a "Veteran o-fthe Year". Paul Hiott, Veterans Services Manager, suggested that the different Posts take this back for discussion. Paul asked for input from the different Posts so that he can put together a list and present it back to the Council at the next meeting. A motion was made that the V eterans Service Department will put together material for a presentation at the next '" e e , .. .. ~ -...I . with proposing the change in office hours to the County Administrator. Motion was ~econded by Loretta Chudnof. Motion passed with a unanimous vote. Paul will let council members know the outcome. . Richard Claassen, DA V Chapter 14, wrote a letter to the Tribune editor-see ·attached. . Frank Gilbert, American Legion Post 318, wanted everyone to know the address for Robert Gavin. He is in the VA Nursing Home at 1920 Mason Ave., Daytona Beach, FL 32117. If you have a few minutes, please drop Mr. Gavin a line. UPCOMING EVENTS The VFW Post 105.54 is having an Enchilada DiMer on Saturday Sept. 26, ITom 5 PM to 7 PM. A $5.00 donation is appreciated. It will be held at 3035 NUS #1, Fort Pierce. For more info I contact Mike Ford at 489-6461. The DA V A 113 is having a Luncheon Card Party with door prizes and a raffle on Thursday Octòber 22, ITom 12 Noon to 4 PM. A $5.00 donation is appreciated. It will be held at the Old Community Center, Prima Vista and Airoso in Port St. Lucie. For tickets and info call 878-8989. There being no other business, motion was made to adjourn. seconded by Art Schreiber, JWV 705. Meeting adjourned to reconvene October 9, 1998,9:00 a.m. in the Roger Poitras Annex Building, 3rd floor Conference Room, Ft. Pierce, FL. Respectfully submitted, ~}- t Patti Loveridge for Eileen Hagerhorst St. Lucie County Veterans Services Staff Secretary ¡ . i . i i ! 3 , ' 4 ~ / I AIR ........ '" .Council meeting for choosing names. Motion was seconded by Larry Esham, American Legion Post 40. TRANSPORTATION: Jim Magee, St. Lucie County Medical/Transportation Coordinator announced t~at 931 veterans were transported for June, July and August. This included 125 female veterans. The new vans have 3,000 miles on them to date. The Veterans Service Department paid for the following items: a cellular phones in each van - $169.00 each; running boards and hand poles for both vans came to a total of $2,240.00; detailing on the side of the vans cost $388.00. The system is continuing to grow and will be transporting at least 600 veterans a month. ... OTHER BUSINESS: · Bob Hein, American Legion Post 318, mentioned that there will be a POWIMIA candlelight service held on Sept. 19 at 7:30 p.m. at Veterans Memorial Park on Midport Road in Port St.Lucie. · Eileen Wilson, Disabled American Veterans Auxiliary 113, stated that the ladies want to have a Forget Me Not drive on November 6 and 7 in Ft. Pierce. It was stated that the Port St: Lucie Veterans of Foreign War have a Poppy drive on the same day. · e ~ Paul Hiott, Veteran Services Manager, announced that the V A office in St. Petersburg is moving to Bay Pines. Also, Urgent Care is closing at V A Medical Center West Palm Beach as of Sept. 15. If you are in need of urgent care call your Primary Care Team to find out what you need to do. Valet parking at the hospital is possibly going away in the near future. Veterans Services of St. Lucie County is hosting a benefits event at the Civic Center Sept. ~3, 1998, ftom 10 AM to 2 PM. The Fort Pierce and Port St. Lucie offices will be closed for that day. St. Lucie County Veteran Service Officers (paul Hiott, Mike Seniuk and Chuck Berger) will be out of the office October 5th - October 12th in order to ttend a training conference in Tampa. The Port St. Lucie office will be closed during that time and support staff will keep the Ft. Pierce office open. Paul would like to propose changing the walk-in hours for both service offices £i:om 8:00 am -;5:00 pm to 8:30 am - 4:30 pm. The staff would still work from 8:00 am to 5:00 pm. This would enable the staff to process claim work, and update computer records, return calls etc. Currently the service officers are averaging eleven claims each, per day. The V A Regional office also has it's phone lines open from 8:30 am to 4:30 pm, so the new hours would coincide. In addition, Paul would like to propose closing both offices on Wednesday afternoons (after 3.;.00 pm, when the vans return) in order for training in the Ft. Pierce office. This concentrated time would allow the entire staff to train together - it is imperative to keep all staff informed of the continuing changes in veteran benefits. The few hours spent training are well worth the outcome. --..........~ V J C £ . Chairman Frost opened discussion on the matter of Paul's proposal. Discussion was .""\-' favorable. Art Schieber, Jewish War Veterans 705 made a motion for Paul to proceed 2 1.' AGENDA REOpEST Fet 7.99 9:47 No.OOl P.Ol ...., ~ NO. Q~& , ICIE CO HUMAN SVCS ' . No.1561462l703 V S' -. DATE: February 23, 1999 REGULAtt [ ] PUBLIC BI!:AR:ING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITl'ED BY: Community Development Julia Shewchnk, InterimCommunity Development Director SlJRJECT: Approval or s~ection of Planning/Grant Writing and Administraûon Consultants (or FFY99 Community DeveJopment Block Grant(CDBG) Program. < BACKGROUND: St4 Lucie County is eligible to apply under the CDBG Competitive Small Oties Grant for a Eø.momic Development program. The county has been awaroed one Eèonomlc Devclopment grant that is cunently in progress. FUNDS A V AlL...N[A PREVIOUS ACTION: The Board approved advertiiing for the RFP for the coosuUants OD November 10, 1m. The selection committee reviewed the proposals Bod in aœordanœ with the proeurement policy for the CDBG Program, four firms respoødecl for the Planning/Grant Writing and Chree finDs respooclcd fot the AdmIDIs1radon, The œmmIttee SUlunlfted the top three proposals for both tile PlanllJng/GraDt Writing and AdlllÎDÎStl"8tiO for Board selectioD. RIl'£OMMENDA nON: In accordanee wftb the approved procurement policy for the CDBG Program aDd as required by State and FecJeraI rules. the Board has rartked tbe proposak. It Is BOW nœessal')' to authorize staff to enter fDto øegotiøt[ODI with the higbest ranked 1Inns. COMMISSION A.CTlON: ~ APPROVED [] DENIED [ ] OTHER~ LX>NCURRKNCE: ~1~ Douglas M. Anderson County Administrator CoordinQtion/Siana~urøs County .a.ttomey:)C Hanag.-ent ~ BUdqlitx ('u¡;ch......"9" _If. Or1qlnat~nq oupartmont: oU..", : other: ..inane.: ca.ok i:or copy OtÜy, if spp11ca1.>J... ...... _. '0' ~ .....,¡ SCORE SUMMARY SHEET FOR THE FEDERAL FISCAL YEAR 1999, SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT IN ECONOMIC DEVELOPMENT. PLANNING AND WRITING CONSULTANT SCORE RANK Craig A. Smith 485 1 CRA Consulting, Inc. 457 2 Fred Fox Enterprises 446 3 ADMINISTRATION Craig A. Smith 485 1 CRA Consulting, Inc 460 2 Fred Fox Enterprises 440 3 G:\WP\CDBG 1999score.wpd February 23, 1999 - '-' ..., .' DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM TO: Jim Lancaster, Assistant County Attorney Don West, County Engineer Charlie Bicht, Purchasing Manager David Kelly, Planning Manager Beth Ryder, Human Services Manager Kathleen Stubbolo, Marketing Services Coordinator FROM: Julia Shewchuk, Interim Community Development Director Economic Development Manager " RE: Selection Committee for CDBG Professional Services DATE: February 10, 1999 Please score each proposal using the attached score sheet A total of 100 points are available. The . score for each category ("EducationITraining Background" for example) should be written in the Proposers Score column in the far right~hand side of the score sbeet . The follower proposers responded to the RFPs: CDBG Plannin~ and Writing Services Economic Development Category Craig A. Smith & Associates l'eHaven Smith & Associated Fre4 F~x Enterprises Clark Roumelis & Associates CDBG Aðminim-ative Services Economic Development Category Craig A. Smith &; Associates Fred Fox Enterprises Clark Roumelis & Associates JS/rc , '. '-' ...., BOARD OF COUNTY COMMiSSIONERS COMMUNITY DEVELOPMENT DIRECTOR !\AYMOND L. WAZNY MEMORANDUM From: Bo d of ~ou~tì' Co~i~ioners ~ J~cUJL--- J a Shewchuk, Interim Community Development Director To: Date: Subject: Selection of Community Development Block Grant, Grant Writing/Planning and Administration Consultant for FY99. The selection committee for the FY99 CDBG short listed the following firms for your selection. In accordance with the procurement policy for the CDBG Program, and as required by State and Federal rules, the firms are listed in no particular order. Grant WritinglPlanning: Craig A. Smith & Associates CRA Consulting Ine. Fred Fox Enterprises Ine. Grant Administration Craig A. Smith & Associates CRA Consulting Ine._ Fred Fox Enterprises Ine. Only three firms responded to the Grant Administration and Grant Writing/Planning RFP. Please rank each firm using the attached score sheets. The firm with the highest total points received will be the number one choice and receive one point, the firm with the second highest points will received, two points, and so on. The firm with the lowest score will enter into negotiations with the county for services and if those negotiations are unsuccessful, the County will negotiate with the finn with the second lowest score, and so on. JOHN D. ßRUHN. District No.1' DOUG COWARD. District No.2' PAULA A. LEWIS. District No. J . FRANNIE HUTCHINSON. District No.4' CLIFF ßARNES. District No.5 Counry Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 · Growth Management: (561) 462-1553 Planning: (561) 462-2822 · Fax: (561) 462-1735 Code Compliance: (561) 462-1571 · Fax: (561) 462-1148 '-' ,..." ... BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA REQUEST FOR PROPOSAL Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 3:00 P.M. local time on Wednesday, January 20,1999, for the following: RFP # 99 - 22 CDBG Administrative Services - Economic Development Category Community Development Department \ RFP documents can be obtained from the Office of the Purchasing Manager at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, Telephone: (561) 462-1700. . RFP's 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 proposals which are incomplete, èonditional, obscure, or which contain additions not allowed for; acceptor reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. . For Bids, RFP's, Bid Results and other information visit the Sl Lucie County Purchasing Web Site at Khttp://www.stlucieco.9ov/purchasinglindex.html-. Sl Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners Sl Lucie County, Florida By: . Charles Bicht, Purchasing Manager PUBLISH: December 18, 1998 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 óò. ~ - '-" .. ....... REQUEST FOR PROPOSALS 99-22 CDBG Administrative Services - Economic Development Category Board of County Commissioners St Lucie County, Florida 2300 Virginia Avenue Fort Pierce, Florida 34982 · '-' "'-' .. Table of Contents Part I General Infonnation 1-1 Definitions 1-2 Invitation to Propose~ Purpose 1-3 Issuing Office 1-4 Awards 1-5 Development costs 1-6 Inquiries 1-7 Site Vwtations 1-8 Timetables 1-9 Delays 1-10 Proposal Submission" and Withdrawal 1-11 Rejection ofhTegular Proposals 1-12 Addenda 1-13 Equal Opportunity '. 1-14 Oral Presentation 1-15 Insurance 1-16 Lobbyist Disclosure 1-17 Feasibility Studies Part IT Statement of Work 2-1 Scope of Work Part ill Insttuctions for Preparing Proposals . 3-1 Rules for Proposals 3-2 Proposal Format Part IV Evaluation of Proposals - 4-1 Evaluation Method and Criteria- - '-' ...,.¡ GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes ofthis Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE: PURPOSE The Board of County Commissioners, St. Lucie CQunty, Florida (the "Board") solicits proposals ftom responsible Proposers to provide-Administratión Services for the Economic Development Category for a Small Cities Community DeVelopment Block Grant (CDBG) for the FederalFisca1 year 1999. These services will include:Project Administration Services. The CDBG project may include inftastructure improvements for residential areas, commercial and/or industrial, business purchase, preservation or clearance of old buildings \ A CDBG project is anticipated, therefore procurement and contracting will follow CDBG regulations, and proposals must be submitted for the CDBG services outlined above. Certain federal and state requirements (such as equal employment opportunity provisions) will apply to the contract for this project. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Vuginia Avenue Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Board anticipçes entering into a contract with the ProR9set who submits the pròposal judged by the Board to be most advantageous.- - - . The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful Proposer. A standard St. Lucie County consultant contract is included with this RFP. This contract will fonn the basis of the contract between the successful proposer and the County. At the option -1- '-' , ",.¡ .. of the County, terms and conditions may be added, modified or deleted through negotiations with _ _the successful Proposer. The Board reserves the right to reject all proposals, to waive any informalities, and to solicit and re-advertise for other proposals. 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INOUIRIES The County will not respond to oral inquiries. Proposers may submit written inquiries for interpretation of this RFP to: " Charles Bicht St. Lucie County Purchasing Manager Administration Annex 2300 Vrrginia Avenue Fort Pierce, Florida, 34982. The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the proposals. The County will·record its responses to inquiries and any supplemental instructions in the form of a written addendum.. If addenda are issued, the County will mail or fàx written addenda at least 5 working days before the date fixed for receiving the proposals. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The . County will send written addenda to all Proposers who receive the RFP. 1-7 SITE VISITATIONS Any Proposer desiring to. visit site locations should contact Julia Shewchuk at (561) 462- 1550 to arrange a site visitation. These visitations should be done in sufficient time to allow Proposer to meet the proposal submission deadline. 1-8 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFP. -2- '-" ....,,1. A On December 18, 1998 the Board issues the RFP. B. From December 18, 1998 to January 11, 1999 the County will receive and answer inquiries received by mail. C. The County must receive the proposals by 3:00 PM on January 20, 1999. D. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-9 DELAYS The County may delay scheduled due dates ifit is to the advantage of the County. The County will notify Proposers of all changes in . scheduled due dates by written adde~da. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Vtrginia Avenue Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "RFP #99-22 CDBG Administration Services - Economic Development Category". The envelope shall also include the Proposer's return address. Proposers shall submit ten copies of the proposal in a . . sealed, opaque envelope marked as noted above. The Proposer may submit the proposal in person or by mail. _ ~.COUNTY MUST RECEIVE ALL PROPOSALS BY 3:00 PM ON-· JANUARY 20, 1999. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 462 -1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the County in writing at any time -3- ........ ..." prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and prov!çte a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall be subj ect to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES: REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. However, the County reselVes the right to waive any irregularities, technicalities or informalities in any proposal. The County reselVes the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any - previous contract with the County or with other governmental jurisdictions. The County reselVes the right to reject any or all proposals without Cause. 1-12 ADDENDA " If revisions become necessary, the County will provide written addenda at least five days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to obselVe the time ·requirements. 1-13 EOUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with. their proposals. 1-14 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal . for the County. The Co~ will ~hedt4e any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. -4- ~ "" 1-16 LOBBYIST DISCLOSURE REOUIREMENT - Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. " The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-17 FEASmn.ITY STUDIES The County bas established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the consultant's advice. The Board of County CotnmiASioners (the "Board") may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. STATEMENT OF WORK PART II 2-1 SCOPE OF WORK The successful Proposer shall assist the County in Administration Services for a Small Cities Community Development Block Grant (CDBG) for the Federal Fiscal year of 1999 iD. the Economic Development Category. Administration Service will include complete management and reporting for the CDBG project, with separate tracking for each funding source. A scope of work -5- '-' ......, outlining tasks must be included. Proposals for CDBG Administration Services must indicate a fee for the service, with an explanation of the basis for the fee. Fees may be quoted as lump sum, percentage or hourly rate and will be scored as 10% of the total for ranking of CDBG Administration Services. INSTRUCTIONS FOR PREPARING PROPOSALS PART III 3-1 RULES FOR PROPOSALS The proposal must-name all persons or entities interested in the proposal' as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A Letter of Transmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work. The letter must name all of the persons authorized to make representations for the Propošer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Oualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each· Proposer must be authorized to do business in the State ofFloñda and, if a corporation, must be . incorporated under the laws of one of the States' of the United States, proof of same must be provided. The Proposer must emphasize its expertise in, and . experience with similar programs. The proposal must identify the pñmary . individuals respo~ble for supervising the work. The Prop-oser s1!allprovide the County with the resumes of the primary individuals. The proposals must also include rëcent and pertinent references, including bank references, contact naine, telephone number and address. C. Scope of Work This section of the proposal should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. D. Compensation The proposal shall include compensation. -6- '-" ....., E. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. EVALUATION OF PROPOSALS Part IV 4-1 EVALUATION METHOD AND CRITERIA A General The County shall be the sole judge ofits own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awar~ if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include consideration of the following:' Proposer Qualifications 36 Education/fraining background 9 Experience 9 Technical Skills 9 Financial Resources and Capabilities 9 Support 12 Qualifications of Staff 6 Equipment 6 History 22 References 3 .. Past Performance Records 3 Proven ability to meet set standards 8 Proven ability to meet deadlines 8 Proposal 30 Technical soundness of proposal 10 -7- \wi '"wi Proposed time lines for project Fee for services 10 10 Total Number of Points 100 B. Selection The selection of a Proposer to pr~vide the requested services shall be in accordance with Section 10 of the St. Lucie County Purchasing Manual. The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). The selection co~ee shall ~ all proposals and forward the top three fiqns to the Board, without identifÿing the relative ranking of firms. Each Cominissioner shall then rank each ~ using a scoring form identical to the published selêction criteria. Each Commissioner shall establish his personal ranking order based on the highest total points scored and the scoring sheets shall be maintained in the grant files as a public record. A summary of each Commissioner's personal ranking shall be created and one point shall be awarded if a firm is ranked number one by a'Commissioner, two points if ranked number two, and so on. The County shall first enter into negotiations with the firm with the lowest score. If those negotiations are unsuccessful, the County shall enter into negotiations with the firm with the second lowest score, and so on. -8- '-' ......, BOARD OF 'COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSAL Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 3:00 P.M. local time on Wednesday, January 20,1999, for the following: . RFP # 99 - 24 CDSG Planning & Writing Services - Economic Development Category Community Development Department " RFP documents can be obtained from the Office of the Purchasing Manager at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, Telephone: (561) 462-1700. RFP's 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 proposals which are incomplete, éonditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP's, Bid Results and other information visit the Sl Lucie County Purchasing Web Site at -http://www.stlucieco.9ov/purchasinglindex.html-. . Sl Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County CommissÏQners. St. Lucie County, Florida By: Charles Bicht, Purchasing Manager PUBLISH: December 18, 1998 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 ~ ...; REQUEST FOR PROPOSALS 99-24 CDBG Planning and Writing Services - Economic Development Category Board of County Commissioners St Lucie County, Florida 2300 Virginia A venue Fort Pierce, Florida 34982 '-" ....., Table of Contents Part I General Information 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 Definitions Invitation to Propose;J>urpose Issuing Office Awards Development costs Inquiries Site Visitations Timetables Delays Proposal Submission and Withdrawal Rejection of Irregular Proposals Addenda Equal Opportunity Oral Presentation Insurance Lobbyist Disclosure Feasibility Studies Part II Statement of Work 2-1 Scope of Work Part ill Instructions for Preparing Proposals 3-1 3-2 Rules for Proposals Proposal Format Part IV Evaluation of Proposals 4-1 - Evaluation Method and Criteria '-' ....., GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes oftlús Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, finns, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE: PURPOSE The Board of County Commissioners, St. Lucie County, Flonda (the "Board") solicits proposals ftom responsible Proposers to provide Grant PlanninglWriting services for the Economic Development Category for a Small Cities Community Development Block Grant (CDBG) for the Federal Fiscal year 1999. These services will include Planning and Grant Writing. The CDBG project may include inftastructure improvements for residential areas, commercial and/or industrial areas, development, business purchase, preservation or clearance of old buildings. A CDBG project is anticipated, therefore procurement and contracting will follow CDBG regulations, and proposals must be submitted for the CDBG services outlined above. Certain federal and state requirements (such as equal employment opportunity provisions) will apply to the contract for this project. . 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Vuginia Avenue Fort Pierce, Florida 34982 1-4 CONfRACT AWARDS The Board anticipates entering into a contract with the Proposer who submits the proposal judged by the Board to be most advantageous. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. . An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a wntten agreement or contract is approved by both the Board. and the successful Proposer. '. A standard St. Lucie County consultant contract is included with this RFP. This contract -1- '-" ......, will form the basis of the contract between the successful proposer and the County. At the option of the County, tenns and conditions may be added, modifie<t or deleted through negotiations with the successful Proposer. The Board reserves the right to reject all proposals, to waive any informalities, and to solicit and re-advertise for other proposals. 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INOUIRIES The County will not respond to oral inquiries. Proposers may submit written inquiries for interpretation of this RFP to: " Charles Bicht S1. Lucie County Purchasing Manager Administration Annex 2300 Virginia Avenue Fort PierCe, Flori~ 34982. The County will respond to written inquiries if received at least 7 worlång days prior to . the date scheduled for receiving the proposals. The CÇ>unty will record its responses to inquiries and any supplemental instmctions in the form of a written addendum.· . If add~ are issued, th~ County will man odàx written adden~ at least 5 worlång days before the date fixed for receiving the proposals. This will beadhered.to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers·who receive the RFP. . 1-7 SITE VISITATIONS Any Proposer desiring to visit site locations should contact Julia Shewchuk (561) 462- 1550 to acrange a site visitation. These visitations should be done in sufficient time to allow Proposers to meet the proposal submission deadline. 1-8 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions -2- \..( ....., concerning this RFP. A On December 18, 1998 the Board issues the RFP. B. From December 18, 1998 to January 11, 1999, the County will receive and answer inquiries received by mail. C. The County must receive the proposals by 3:00 PM on January 20, 1999. D. From opening time, the Board and County staffwill review and evaluate the proposals on a timely basis. E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-9 DELAYS The County may delay scheduled due dates ifit is to the advantage of the èounty. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department Administration Annex 2300 VIrginia Avenue Fort Pierce, Florida 34982 . To fàcilitate processin& please mark the outside of~e .envelope as follows: "RFP #99-24 CDBG Grant PI9nningIWriting Services - Economic DeVelopment Category", also include the Proposer's return address. Proposers shall submit ten copies of the propoSal in a sealed, 0l!aque envelope marked as noted above. The Proposer may submit the proposal in person or by mail.. - THE COUNTY MUST RECEIVE ALL PROPOSALS BY 3:00 PM ON JANUARY 20, 1999. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of proposals to the County prior to the deadline set for receiving proposals. Telephone confirmation o(timely receipt of the proposal may be made by calling (561) 462 -1700 before proposal opening time. Proposals received after the established deadline will be returned -3- '-" .....,; unopened to the Proposer. Proposers may withdraw their proposals by notifYing the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES: REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or infonnalities in any proposal. The County reserves th~ right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perfonn faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all proposals without cause. ' , 1-12 ADDENDA If revisions become necessary, the County will provide written addenda at least five days prior to the opening date to all Proposers who receive the RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. 1-13 EQUAL OPPORTUNITY The . County recognizes fair and open competition asa basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests· minority and women business enterprises to submit evidence of such classification with their proposals. 1-14 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentatioñ of· the proposal. These presentations provide an opportunity for the Proposer to clarify the proposal for the County. The County will schedule any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. -4- '-' '-' 1-16 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances ofSt. Lucie-County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. " The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-17 FEASIBILITY STUDIES The County has established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project. that might become necessaIy as a result of the consultant's advice. The Board of County Commissioners (the "Board") may determine to . waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. STATEMENT OF WORK PART II 2-1 SCOPE OF WORK The successful Proposer shall assist the County in Grant Planning /Writing Services for the Economic Development Category for a Small Cities Community Development Block Grant (CDBG) for the Federal Fiscal year of 1999. These services will include identifYing needs and appropriate solutions to needs, advising the county of suitable financing to meet the specific needs, developing plans, CDBG grant and loan applications. -5- '-' -.....I Proposals for CDBG Planning and Writing must indicate a fee for the service, with an explanation of the basis for-the fee. Fees may be quoted as lump sum, ~rcentage or hourly rate and will be scored as 10% of the total for ranking ofCDBG PlanninglWriting Services. INSTRUCTIONS FOR PREPARING PROPOSALS PART ill 3-1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3~ PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: '. A Letter of Transmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work. The letter must name all of the persons authorized to make representations for the Proposer, including the titl~ addresses, and telephone numbers of such persons. An official authorized to negotiate- for the Proposer must sign the Letter of Transmittal. B. Organization Profile and Oualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United. States, proof of same must be provided. The Proposer must emphasiZe its expertise in, ~d experience ~th similar programs.' The proposal must identify the primary individuals respOnsible for supervising the wode. The Proposer sba1l provide the County with the resumes of the primaIy individuals. The proposals must also include recent and pertinent references, including bank: references, C9ntact ~e, telephone number and address. - ~ - ... C. Scope of Work This section of the. proposal-should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. D. Compensation The propoSal shall include compensation. E. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. -6- '-' .....,,¡ EVALUATION OF PROPOSALS Part IV 4-1 EVALUATION METHOD AND CRITERIA A General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, s1åll, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, consideration of the fonowing: Proposer Qualifications 36 Educationtrraining background 9 Experience 9 Technical Skills 9 Financial Resources and Capabilities 9 Support 12 Qualific8.tions of Staff 6 Equipm~nt 6· History 22 References 3 Past Performance Records 3 Proven ability to meet set standards 8 - Proven ability to meet deadlines 8 Proposal 30 Technicalsoundnessofpropo~ 10 Proposed time lines for project 10 Fee for services 10 Total Number of Points 100 -7- - ~ 'wi B. Selection The selection of a Proposer to provide the requested services shall be in accordance with Section 10 of the St. Lucie County Purchasing Manual. The selection committee shall rank all proposals and forward the top three finns to the Board, without identifying the relative ranlång of firms. Each Commissioner shall then rank each firm using a scoring fonn identical to the published selection criteria. Each Commissioner shall establish his personal ranking order based on the highest total points scored and the scoring sheets shall be maintained in the grant files as a public record. A Sllmm~ of each Commissioner's personal ranking shall be created and one point shall be awarded if a firm is ranked number one by a Commissioner, two points if ranked number two, and so on. The County shall first enter into negotiations with the firm with the lowest score. If those negotiations are unsuccessful, the County shall enter into negotiations with the firm with the second lowest score, and so on. " -8- - '-' ....I ~ second proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected proposers, the Board or the Committee shall select additional Proposers in the order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all proposals and may thereafter re-advertise for new proposals. 10.6 Professional Service Contracts After a Professional Service Contract has been successfully negotiated as set forth above. the Department that requested the service will submit the contract, together with the recommendations of the Committee when required, to the Board for final approval. All contracts negotiated by the Committee shall be subject to final approval by the Board unless such approval is waived by the Board. . (a) The Contract Procedure described in Section 8 of this manual shall be followed. (b) After Board approval. the requesting Department shall prepare and submit a REQUISITION FORM to the Purchasing Department, as provided in Section 6 of this manual. (c) After receipt and review of the REQUISITION FORM. the Purchasing ( Department will prepare a PURCHASE ORDER for the purchase as provided in Section 12 of this manual. 10.7 Community Development Block Grant ("CDBG") Professional Services procurement procedure In accordance with the federal regulations governing Community Development Block Grant ("CDBG") funds. the County shall adhere to the following procedures when obtaining professional services for CDBG projects. To the extent that the procedures set forth in this section conflict with other provisions of the purchasing Manual. the provisions of this section shall control. (a) Any public notice and/or Request for Proposals ("RFP") shall identify all evaluation factors and the maximum points which may be scored for each factor; (b) The public notice shall be published in a newspaper of wide circulation in the region outside the County, or the RFP shall be mailed to firms outside the County which can provide the service and documentation of the mailings shall be maintained by the Purchasing Division; . -54- ~ ......, .. (c) An evaluation procedure for selecting order of negotiation shall be identified in the public notice and/or RFP and shall be limited to one of the following methods: (1) The selection committee shall rank all proposals using a scoring form identical to the published evaluation criteria and forward the ranked listing of all proposers for approval or disapproval (only) to the Board of County Commissioners. If the Board rejects the ranking, the procurement process must start again from the development of another RFP. (2) The selection committee shall rank all proposals and forward the top three firms to the Board, without identifying the relative ranking of firms. Each Commissioner shall then rank each firm using a scoring form identical to the published selection criteria. Each Commissioner shall establish his personal ranking order based on the highest total points scored and the scoring sheets shall be maintained in the grant files as a public record. A summary of each Commissioner's personal ranking shall be created and one point shall be awarded if a firm is ranked number 0r'!e by a Commissioner, two points if ranked number two, and so on. The County shall first enter into negotiations with the finn with the lowest score. If those negotiations are unsuccessful, the County shall enter into negotiations with the firm with the second lowest score, and so on. ( (3) The Commission shall réview and score all firms in the manner described above in Section 10.7(c)(2) without the use of a selection committee or other screening method.. (d) As part of the contract negotiations, the selected firm shall provide to the County a detailed breakout of its proposed fees. This breakout shall include, at a minimum, a complete identification of the anticipated level of work to be performed with each task, the expected hours to complete each task, an identification of the personnel expected to complete the task, the hourly rates of each person involved in the task, and the anticipated rate of profit for the project. . . (e) The County shall include as part of the completion of the CDBG procurement process a check list in a form approved by the Florida Department of Community Affairs. This checklist is to be kept by the County department/division applying for CDBG funds. \. -55- " .. . ~ ...., (f) The County shall follow the protest procedure as outlined in the Purchasing ( Manual in Section 7.8 in the event a protest in connection with the solicitation . for the proposed award of a contract for services in a CDBG project is received by the County. A written notification will be sent to the Florida Department of Community Affairs, if such protest is received, as required by 24 CFR 85.36 (b)(12). (h) When a single public notice is used for different professional services, such as grant administration and engineering, in the CDSG procurement process, the public notice shall state that there shall be separate evaluations and separate contracts for each service. The County shall maintain separate scoring sheets in the CDBG project files for each contract. ( ( -56- ., ~ . "wi . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "'Helping Floridians create safe, vibrant, sustainable communities· IEB BUSH Governor FEB 8 1999 STEVEN M. SEIBERT Secretary Certified Mail - Return Receipt Requested ,....... P ~©~ll~~~ FEB 1 1 1999 L:;I The Honorable Paula A. Lewis Chairman, St. Lucie COWlty Board of COWlty Commissioners 2300 Virginia A venue Fort Pierce, Florida 34982-5652 Re: CDBG Contract: 99DB-4Z-10-66-01-E81 Monitoring Report Dear Chainnan Lewis: j The DepartDÍent has conducted a desk monitoring Procurement of Professional Services (CDBG Engineering Services) for this project. This letter, which contains no "findings" and no "concerns," is a summary of our review. Monitorin~ .is based on a sample of activities according to applicable statutory and regulatory objectives and rules. A '4finding" is a specific noncompliance with federal audlor state regulatory requirements. Please be aware that Rule Chapter 9B-43.014(8)(c)(3), Florida Administrative Code. requires CDBG recipients to respond to any monitoring finding within 3S days of the day that they receive the letter from DCA. Otherwise, DCA will begin the process of suspending funds. However, DCA will grant one 1 ~-day extension to the response period, or will ~ve the ~ion of funds if an Undue hardship exists. You must request this extension or waiver within the same 35-day period. A "concern" is a potential problem that, if not addressed and corrected,' may later result in a finding. DCA staffwill closely examine areas of "concem" during future monitoring visits. . The following is a summary of the results of our review: æ: fuC!..6 !JJm/nís-tndlon 0Yn~P1mt 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.state.fl.us/comaff/ FlOllIDA KEYS Are. ol Cr~iaI s<.te Concern Field Offoce 2796 üverw.. Hi,nw.y. Sui,e 212 MorOlhon. FIOfido 3305G-2227 GREEN $WAMt Are. of Critic.. SIOte COftCem field () fioo 205 EHI Moin 5I1'HC. SuM 104 8."ow, Florido JJ.J0.4641 # ., '--' ......, '. The Honorable Paula A. Lewis Page Two Procurement (Professional Services) Procurement of CDBG-funded contracts, must comply with applicable federal procurement regulations and state laws. The principal federal procurement regulation is contained in 24 CFR 85.36. Procurement of certain professional services is also subject to 287.055, Florida Statutes. (also known as the Consultants Competitive Negotiation Act, or CCNA). The state program rule (9B-43) also specifies some procurement procedures. The selection of the CDBG Engineering Services consultant (Lindahl, Browning, Ferrari & Hellstrom, Inc.) was reviewed. There are no findings or concerns. Please be aware that this report does not relieve your jurisdiction of its obligation to continue to administer the grant according to federal and state administrative rules and regulations, and sound management practices. If applicable, please direct your written response to this monitoring report to the following: - Rick Stauts, Planning Manger / Bureau of Community Development - Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 If there are any questions or if further information is required, please call AI Starr, Development Representative II at (850) 922-1883. dL Susan M. Cook, Ph.D. Community Program Administrator Community Development Section SMC/als cc: Ms. Nancy Phillips, Craig A. Smith & Associates Ms. Amy Johnson (DCA) - '-' 'W 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 23, 1999 1. MINUTES Approve the minutes of the meeting held February 9, 1999. CONSENT AGENDA 1. W ARRANTS LISTS Approve Warrants Lists No. 20, and 21. 2. MOSQUITO CONTROL A. 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 $14,685, 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 ofthe agreement by the County Attorney. Also approve Amendment No.4 to the agreement with Summerlin Seven Seas Inc. to perform the culvert installatio~ and authorize the Chairman to execute the amendment. B. EQ No. 99-198 and 99-199- Consider staff recommendation to approve the equipment requests for the purchase of a replacement Y2K-compatible laptop computer and a replacement 8', re-useable, aluminum, utility bed. C. Permission to apply- Consider staff recommendation to authorize staff to apply for a National Oceanic and Atmospheric Administration grant in the amount of $50,000 and to use those funds as match for the US Fish and Wildlife Service grant, USDA Natural Resource Conservation Service in- kind services, FY'99 Indian River Lagoon License Plate, and FY'99 Indian River Lagoon SWIM program funds previously approved. 3. MANAGEMENT AND B1IDGET Resolution No. 99-01- Consider staff recommendation to approve the resolution amending Resolution No. 98- 11, correcting scrivener errors. 4. COUNTY ATTORNEY Resolution No. 99-02- Consider staff recommendation to approve the resolution approving the proposed equipment lease/purchase agreement with Coastline Equipment Co., Inc., for a backhoe and authorizing the chairman to sign the agreement. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. · -.------_ ___'_"C'~ ..:t....:'_,..t..:::..'.;.';':.. -,....··,;..);::,'1 ».".~[ ",.I,~~ ".-.O::-~~; ..-'-:.. .~.".-".,-,J__." '-'"''.''' ......, ¡; ~ ;_-.---.:~.~ ~ ...., - -, "., ~:7 MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA ... REGULAR MEETING ¡.~ Date: February 9, 1999 Tape: 2 Convened: 11 :51 a.m. Adjourned: 11 :52 a.m. ~, Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, Frannie Hutchinson, Cliff Barnes, John D. Bruhn .';' Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney; Jack Doughney, Leisure Services Director; Ray Wazny, Public Works Director; Jim David, Mosquito Control Director; Mike Bowers, Road and Bridge Manager; A. Millie Delgado, Deputy Clerk 1. MINUTES (2-2802) .' It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the minutes of the meeting held January 12, 1999; and, upon roll call, motion carried unanimously. 2. CONSENT AGENDA (2-2812) It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant List The District approved Warrant List No. 16,17,18 and 19. 2. Mosquito Control Indian River Lagoon National Estuary Program/Saint John's River Water Mgt. Dist Grant Application- The District approved the application for grant funds in the amount of$4,815, and pending a successful application, authorized the Chairman to sign the agreement with IRLNEP Saint John's River Water Management District, pending review and approval of the agreement by the County Attorney. There being no further business to be brought before the District, the meeting was adjourned at 11 :52 a.m. Chairman Clerk of Circuit Court '. '-' CONSENT AGENDA '. J ..., . -- -- ...-..- - :--- ..--- ---- 02/12/99 FZABVARR ~ LUCIE COUNl'Y - BOARD VARRANT LIST #20- 06-FEB-99 TO 12-FEB-99 FUND SUMMARY- MOSQUITO ...., FUND TITLE EXPENSES 145 Mosquito Fund 6,628.44 6,628.44 . . GRAND TOTAL: PAGE 1 PAYROLL 0.00 0.00 '-"' ..."",,¡ 02/19/99 ST. LUCIE COUNTY - BOARD PAGE 1 FZABtlARR vARRANT LIST 121- 13-FEB-99 TO 19-FEB-99 FUND SuMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 15,882.07 19,851.58 GRAND TOTAL: 15,882.07 19,851.58 , '-" ~ AGENDA REQUEST ITEM NO. C-2" DATE: February 23, 1999 REGULAR [ PUBLIC HEARING [ CONSENT [ X ] TO: MOSQUITO CONTROL DISTRICT BOARD SUBMITTED BY (DEPT) : MosQuito Control PRESENTED BY: James R. David SUBJECT: Indian River Lagoon National Estuary Program (IRLNEP)/Saint John's Ri ver Water Management District Grant Appl ication; Amendment No. 4 to Agreement C96-11-120 with Summerlin Seven Seas, Inc. BACKGROUND: The Board approved application for a Surface Water Improvement and Management Grant (SWIM) in Fiscal Year 1999, which will result in the construction and/or improvement of several culverts and pump stations in the Mosquito Impoundments. Those funds can be used as match toward an Indian River Lagoon National Estuary Program Grant, totaling $14,685.00, for the purpose of installing a 240 LF (+/-) culvert in Impoundment lOA. Prior similar work was completed satisfactorily by Summerlin Seven Seas, Inc. under contract C96-11-120, at the same location. FUNDS AVAIL.: 145-6230-534000-6607 & 145810-6230-534000-6607 IRLNEP Grant Fund No. in-process PREVIOUS ACTION: Board acceptance of SWIM Grant Funds on October 13, 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 $14,685.00, and 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. Staff also recommends Board approval of Amendment No. 4 to Agreement C96-11-120, with Summerlin Seven Seas, Inc., to perform the 240 LF culvert installation to be funded by this grant, and authorize the chairman to execute the Agreement with Seven Seas pending execution of the IRLNEP grant agreement. ISSION ACTION: ] APPROVED [ ] OTHER: DENIED ~ ~unty Attorney: t ~lglnatlng Dept. J1}1Lt:ì . Flnance: (Check for Copy only, lf Review and APpro~~s ~nagement & Budget . CONCURRENCE: fÞt~ Douglas Anderso County Administrator Purchaslng : Other: Other: applicable 1_ Eft. 5/96 , '-" "" (51/,Ý\ it. ßOARD OF COUNTY COMMISSIONERS MOSQUITO CONTROL DISTRICT February 5, 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 Restoration - Culvert Installation Dear Troy, The Saint Lucie County Mosquito Control Distrièt proposes to combine SWIM funds and Mosquito Control District Local Funds to perfonTI impoundment restoration and to improve management of impoundments 5 & 6, in Saint Lucie County. We request a grant match from your agency totaling $ I 4,685.00, to install a 240 LF CAP into impoundment lOA, thereby expanding the current the project scope. The values of the project are reinstatement of the natural hydrology of the site, providing wetland access to marine organisms, improving water quality and creating oPPo,rtunities for organic productivity exchange to occur between the estuary and the wetlands of impoundment lOA. The Mosquito Control District proposes to perform long-term maintenance of the structure, once installed. The total cost of the culvert installation project is estimated to be $14,685.00, and will restore approximately 30 acres of coastal wetland. The IRLNEP contribution brings the total project cost estimate to $118,555.00. Thank you for your consideration of this project. Sincerely yours, If. ()-owJ¿ James R. David Director cc: file JOHN D. ßRUHN, District No.1. DOUG COWARD, Disrrict No.2· PAULA A. LEWIS, District No.:3 . FRANNIE HUTCHINSON, District No.4· CLIFF ßARNES, Disrricr NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue. Ft. Pierce, FL 34982 · (561) 462-1692 · FAX (561) 462-1565 · TDD (561) 462-1428 3150 Will Fee Road · Ft. Pierce, FL 34982 :î 'à ~ 0 0: U- S ~ b .". .". ..- ~ Q): I?: YJ. _ (I:) 0·<2 ~"Õ lO § ~ :. ro Q)lO 0:"" '> "'S ¿;.. =<p ç Q)oö "'ú> .g 00> ~?: ~ õ'ð ~O ~-ro Cb'à~Ú> Sb OÚ>02.o: -o'é ';'. ç'é SQ) Q. ro a.> ro·- L.)..... 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'... ~::""'''''''''''........ ....--. --~......::---..:: ' ...- ";.::-:..~ ~ ,,- - --- -.... "..... '- '--""..r --~~. t.. .... _........ .. ..-.... ..... .. ~:.~ ------:--- :.', \ ,... ~.c.:" ...--;. .,... , . I '-"" '-' .. I~ w i > I ~ I " Q : z J: 'l! u.. U in 0 .... ~ W Õ (f) I + 0 .... .... (f) " 0::: I < z w w a. ¡:: > I ~ :! (f) ~ ! Q X :J ..,j W () W a. .... < " 0::: () Z ~ 0::: I ~ w z .... I <" W O:::z 0 :! 00 > 0::: " ~~ Z w I w . a. -I- ~ u.. I >u.. .... 0 We , ON ~ C) -N .... Z (f), I e .... ~ I-~ 0::: . . 0::: < W W 0::: >< > 0 ~ - ~ :JO :J ~ ()~ U W a.M :> <ö -Jc::: W UM =W 0 U-c.. (f) ...... WCJ) "CJ) Ow W-J C:::c::: 00 LfjO c:::>- «Ü 0::: O~ W > ZX ~ ::SO z -c::: < wc.. Õ ~~ z ,. ~ '-' 'wtI AGENDA REOUEST ITEM NO. ~ DATE: February 23, 1999 REGULAR [ PUBLIC HEARING [ CONSENT [ X ] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT) : Mosquito Control James R. David SUBJECT: Revision of Budget - Budgeting Savings from Equipment Purchases BACKGROUND: Attached are equipment request summaries for the replacement of a laptop computer and an aluminum utility bed. Funds are available in the District Machinery and Equipment account as a result of cost savings achieved towards the purchase of other FY'99 approved equipment (see attached). FUNDS AVAIL.: 145-6230-564000-600 Machinery & Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Mosquito Control District approve of the purchase of a replacement Y2K-compatible laptop computer (EQ99-198)and a replacement 8', re-useable, aluminum, utility bed (EQ99-199). 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"U m >"'0 0 :::J' 1JQCDs: "U 0 0 ~ 1J ~ c:: CD :;u 0 -10." c: 0 ~s:~~ ~ i: ~;UO z i: ::!!O -4 :::J -. CD 0. ::::.: m m z 0 :3 ~-. !';I Z ."enC c: s: Q)Q)CD"< c CDOZ i: CD â)t:;:'-o- m D'>~ m .., ~ :3 Õ' CD !';I 2 ï m CD 5' èD" 0. 1»-<0 ~ ..Q 4iI. c:: -. c:: I ;:,- f/) ~ mO '6' O1:3Q)õ N>æ: :3 o 0- f/) ~~i!! .., Q.O- CD :3~CDCD :::J -coen - o 1J â) 5' co co en 1J ëa Õ 5' ~ co co- c:: COIO .... g. -"';"1J ~ ~ ~Z .c.. o tU C{1 f/) â) en m ~ Q) CD 0. ;u f/) 0.0- en (0) CD ? !'> ~CD 0'1 o~ ~ c:: :::J 0 Q:Q. 0 ? o-ëa 0) CD-o ~ 0 0 Q.Q) c:: :::;. en à1 Q) o-:::J èD"Q. CD ëi)' :::J :::J o 0 c:: - cg. õ iJim David - Laptop computer I '-" '....., Page 1 From: To: Date: Subject: David Mook JIM DAVID Mon, Feb 8,1999 2:24 PM Laptop computer Our present laptop (Toshiba 1200) is outdated (Built c 1988). Because it uses an 8086 (abt 9mhz) processor and only has 640K of memory, it cannot run any of the windows applications. The hard drive is only 20 Meg, making it unsuitable for most modern applications. The operating system is DOS 3.3. OM We would like to use the laptop for running the Aims droplet size analyser and for downloading data from the fog truck monitors. r~;c,-ICJ'-'-:7=-- .'" .....:.0 HI" r:.....I.'~;::.IU'=" I' __........,.... ...~ II V.I IlC"r -...}r;;.. '" :"'O-...J-r- ¡ ~ '7'0 r . t,.I. '-" '....., aayside Truck' Trailer, Inc. 2983 s. Military Trail · West 'a1m Beach, FL 33415 Palm aeach (561) ~65-'9SO . Wat~. (800) 272-7gS0 FAX (561) 985-7998 or (561) 965-7997 B- Phone/Verbal Q~ot. Bill To: Date: Contact: Phon (; -5-9 46'2'/565 46~"/6'1 End User: FAX CA: WB: Chassis: Notes Or Usage: Body Model/Dim: $ w '5?L5 ?/?/c e- FoR /ìL.L Delivery nate Promised: ¿ /JO + - -1. S~A¿ Critiçal: Yes No total Installed Price; (Plus Applicable Sale. Tax) $ X Buyer x Salesman "South Florida's Truck Equipment « Trailer Place" t. Lucie ~nty Automated Services 300 Virginia Ave Fort Pierce, FL 34982 USA ......, elephone: 561/462-1681 Quote Date 12/28/98 Computer System Quote 89901034701 Quote For: St. Lucie Cty Mosquito Control Dist MISC Pentium Laptop 233, 64mb, 4gbHDD. CDROM, Modem 2590.00 2590.00 For David Mook Total Order This is a quotation for the Items requested. To initiate purchase of the items, use the regular purchase order procedure to Issue a purchase order to Automated Services, vendor number 3099. Upon receipt and Installation of the items we will send an invoice for submission to Finance for processing. Print Date: 12/28/98 3:13 PM Duplicate Page 1 ~ \ . Cf) <.9 z > « Cf) 0) 0) I GO 0) >- LL ~ 0 0 0 ...... 0 ...... I[) - "'>t "'>t CD I[) I[) I[) ...... I[) ...... N I[) C") "'>t ...... ...... ...... CD ...... 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C-2c DATE: February 23,1999 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITI'ED BY(DEPT): Mosquito Control S. Ann Smith SUBJECT: Blind Creek Park - Ocean to River: Application for Matching Grant Funds from the National Oceanic and Atmospheric Administration Office of Habitat Conservation - Restoration Center. BACKGROUND: The NOAA grant is proposed to be used as match towards the previously approved FY'99 Indian River Lagoon License Plate funds ($48,000.00 - $58,000.00), South Florida Water Management District FY'99 SWIM funds ($50,000.00), U.S. Fish and Wildlife Service funds ($50,000.00), USDA Natural Resource Conservation Service in-kind funds ($6,400.00), and Mosquito Control in-kind funds ($56,570.00). AIl funds are 'designated to be directed towards ecological improvements within the Blind Creek Park _ Ocean to River Project site. FUNDS A VAIL.: Funds will be made available in the following accounts: 145-6230-512000-6607; 145-6230-546000-6607; 145-6230-549965-6607; 145810-6230-563000-6607; 145810-6230-564000-6607; 145810-6230-531000-6607; 145810-6230-534000-6607. PREVIOUS ACTION: Board approval to apply for matching grant funds 1Ì'Om the U.S. Fish and Wildlife Service on November 10, 1998. RECOMMENDATION: Staff recommends that the Board authorize staff to apply for a National Oceanic and Atmospheric Administration grant in the amount of $50,000.00, and that the Board approve the use of those funds as match for the US Fish and Wildlife Service grant, USDA Natural Resource Conservation Service in-kind services, FY'99 Indian River Lagoon License Plate, and FY'99 Indian River Lagoon SWIM program funds previously approved. COMMISSION ACTION: ri APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~~ Douglas Anderson ~ County Administrator /c-y- ~ JOriginating Dept. ~ Review and Aoorovals viaœg~& Budg~~!!J Other: Purchasing: Other: Finance: (Check for Copy only, if applicableL Eft: S196 '-' ...,,¡ c'V~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Mosquito Control District Board FROM: S. Ann Smith, Assistant Mosquito Control Director DATE: February 11, 1999 SUBJECT: Blind Creek Park - Ocean to River: Application for Matching Grant Funds trom the National Oceanic and Atmospheric Administration. BACKGROUND The National Oceanic and Atmospheric Administration through the National Marine Fisheries Service's Office of Habitat ConselVation - Restoration Center has issued a call for pre-proposals for community-based habitat restoration projects for 1999. Individual grants, ranging trom $10,000 to $50,000, may be awarded by this program for projects seeking to~ restore and enhance degraded coastal uplands and estuarine wetlands, remove exotic vegetation trom coastal areas, and promote public awareness of South Florida's ecological problems. Staffis seeking pennission to apply for $50,000.00 trom NOAA's Office of Habitat ConselVation - Restoration Center for the removal of approximately 1.5 miles of exotic plant species on the beach to enhance sea turtle and shore bird nesting, as well as, to re-stabilize the dune system. The NOAA grant is proposed to be used as match towards the previously approved FY'99 Indian River Lagoon License Plate funds ($48,000.00 _ $58,000.00), South Florida Water Management District FY'99 SWIM funds ($50,000.00), U.S. Fish and WIldlife Service funds ($50,000.00), USDA Natural Resource ConselVation Service in-kind funds ($6,400.00), and Mosquito Control in-kind funds ($56,570.00). All funds are designated to be directed towards ecological improvements within the Blind Creek Park - Ocean to River Project site. RECOMMENDA TION/CONCLUSION Staff recommends that the Mosquito Control District Board authorize the application for grant funds totaling $50,000.00 ftom the National Oceanic and Atmospheric Administration, and that the Board approve the use of those funds as match towards the US Fish and Wildlife Service grant, USDA Natural Resource Conservation Service in-kind services, FY'99 Indian River Lagoon License Plate, and FY'99 Indian River Lagoon SWIM program funds. Respectfully submitted, S. Ann Smith Assistant Director Attachment: Draft Grant Proposal ~ ...." National Marine Fisheries Service Office of Habitat Conservation 1999 Project Proposal Project Title: Blind Creek Park - Habitat Restoration Contact Information: Anna Smith. Assistant Mosquito Control Director 3150 Will Fee Road. Ft. Pierce. FL 34982 (561) 462-1685 /fax (561) 462-1565: (sc) 259-1685 annas@stlucieco. gov NMFS Contact: Robin Bruckner (301) 713-0174 Project Location The project is located on South Hutchinson Island in S1. Lucie County, Florida, approximately 6.5 miles south of the Fort Pierce Inlet and just north of the Florida Power and Light Nuclear Plant in Sections 4,5,8 &9, Township 36, Range 41. (Figure 1) Project Description The Blind Creek Park site (408.63 acres) is locàted on the coastal banier island and supports the following natural plant communities: Beach Dune, Coastal Strand, Maritime Hammock, and Estuarine Tidal Swamp (Mosquito Impoundments No.5 & 6). Bordered on the east by the Atlantic Ocean and on the west by the Indian River Lagoon, the site was purchased in 1998 through the State's Conservation and Recreation Lands (CARL), Save Our Rivers (SOR), U.S. Dept. of Interior, Fish and Wildlife Service National Coastal Wetlands Restoration Act (NCWRA), and S1. Lucie County Environmentally Sensitive Lands programs. (Figure 2) Within the project, the beach dune and coastal strand communities extend approximately 1.2 miles along the Atlantic Ocean, for a total of approximately 62.38 acres. Composed of species such as sea oats (Uniola paniculata), seagrape (Coccoloba uvifera), cabbage palm (Sabal palmetto), scaevola (Scaevola plumeri), saw palmetto (Serenoa repens), and coastal panicgrass (Panicum amarum), approximately 30 acres of this area have been invaded by Australian pines (Casuarina spp.). The pines extend ITom the mean high water line, in most locations, back to the wetland edge and maritime hammock. As a result, nesting habitat for the Atlantic loggerhead turtle (Caretta caretta), Atlantic green turtle (Chelonia mydas), and Leatherback turtle (Dermochelys coriacea), as well as shorebirds, have been negatively impacted. The roots of the pines are a physical obstruction for sea turtles during excavation of the nest cavity, leading to increased false crawls or nests laid at or below the high tide line. The native dune vegetation also, has been and is being, negatively impacted due to the constant shade generated by the pine stands, the thick mat of pine needles and the soil chemistry reactions which result. Habitat loss is the end result, which directly affects the long term survival of wildlife utilizing the site, including listed species. (Table 1) The Estuarine Tidal Swamp (277.94 acres) is the dominant plant community within the project boundary, and is located predominantly along the west side of AlA abutting 1.7 miles of the Indian '-' ....,¡ " River Lagoon. This plant community is dominated by red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans), saltwort (Batis maritima), and glasswort (Salicomia spp.) Through the construction of a dike around the estuarine tidal swamp, resulting in the loss of tidal circulation, the contiguity of the Lagoon's ecosystem has been negatively impacted. However, over the years, through the installation of culverts and pump stations with aerators, tidal circulation has increased, which has recreated favorable conditions for mixed salt marsh and mangrove species. Objectives For this proposal, the overall objective is to restore and enhance degraded coastal uplands and wetlands through the removal and control of Australian pines and Brazilian peppers and the installation of added hydrological connections to the Indian River Lagoon. Through which, the District intends to: · Attain and maintain a functioning ecosystem which supports endangered and threatened species, fisheries and wildlife. · Attain and maintain water of sufficient quality to support a healthy, macrophyte-based Lagoon. · Enhance dune stabilization/reduce beach erosion. Methods/Approach This restoration project proposes the removal of Australian pines with machinery in Phases Al and A2 on the beach dune and the installation of SWIM improvements in impounded estuarine tidal swamps. (Figure 3) Proposed for the beach dune is to completely eradicate the pines, including roots, trom the surf to 10 feet back behind the crest of the dune. West of this area, extending to the wetland edge and maritime hammock, the pines would be cut, treated, and burned onsite. (Future phases for removal of exotics within the Maritime Hammock east and west of AlA will be accomplished through other grant programs.) To assist the native plant revegetation and dune restoration, the USDA's Natural Resources Conservation Service has designated this habitat restoration project as a demonstration site for beach re-planting. Their services will include designing the restoration plan, providing planting material, and assisting in the planting effort. Also assisting in the planting effort will be unpaid volunteers available through Earth's Millennium, a not-for-profit organization. Enhancing the contiguity of the Lagoon with the estuarine tidal swamp, as well as increasing tidal circulation within the estuarine tidal swamp is proposed to be accomplished through the SWIM installation of eight (8) additional culverts in the perimeter dike and two (2) pump stations with aerators. These improvements allow for increased water circulation in areas of the swamp remote trom the pumps, permitting more marine and estuarine organisms in the Lagoon to utilize site, as well as, allow for a natural level of exchange of organic materials to take place between the estuary and the wetlands. These improvements also enhance the ability to manage the water levels within the impoundments to benefit wading bird foraging. The control measures employed onsite also reduce/eliminate pesticide use in these ecologically sensitive coastal wetlands. Project Time Frame February 1, 1999- March 1, 2001. (No exotic species removal can occur on the beaches between March 1 and October 31 due to sea turtle nesting restrictions.) S1. Lucie County Mosquito Control '-' ....,,¡ I' District will be responsible for the overall management and completion of this restoration project, and all monitoring and reporting (semiannual and annual). Anticipated Project Benefits · complete removal of Australian pines from the beach dune system; · revegetation of native dune plant species; · enhancement of nesting habitat for sea turtles and shorebirds; · increased tidal circulation and nutrient exchange within the swamps; and · increased access to the wetlands for aquatic species (increased species diversity). Actions to Date Through mitigation fund dollars available in 1997, the District completely removed Brazilian peppers from the dike of Impoundment No. 5 (5, 177 linear feet @ $1. OO/ft). Through 1998 Indian River Lagoon License Plate funding, the District completed the removal of Brazilian peppers from most of the dike of Impoundment No.6 (10,500 linear feet@ $1.07/ft). In spring of 1998, the District removed approximately one acre of Australian pines east of AlA at Little Mud Creek. In the spring of 1999, the remaining 3,881 linear feet of dike at Impoundment No.6 will be cleared of exotics (anticipated completion date 4/1/99). Budget The Phase A (including Al and A2) total project cost is estimated to be $ 257,970 for all exotic species remova1/upland habitat restoration on the beach and for the estuarine tidal swamp hydrological restoration. (See Table 2 for details). Total Funds Requested This proposal requests a U.S. Department of Commerce National Oceanic and Atmospheric Administration (NOAA), Office of Habitat Conservation - Restoration Center contribution of $50,000 for its share of the restoration and enhancement of 30+/- acres of degraded beach dune habitat (phase A). This will be accomplished via the removal of invasive exotic plant species. Matching FundslIn-Kind Support As part of Phase A, the South Florida Water Management District's (SFW1vID) SWIM program will contribute $50,000 for eight (8) culverts and two (2) pump stations with aerators at the south end of Impoundment No.5 and at the north end of No. 6. Linked with this SWIM project is a 1999 Indian River Lagoon License Plate application of $45,000. If awarded to the District, these funds will be used to remove 42,000+/- linear feet of exotics along the Lagoon shoreline within and adjacent to the project boundaries. The USDA's Natural Resource Conservation Service will also be providing in-kind services of approximately $6,400 for designing the beach re-planting effort, providing beach plants, and assisting in the plant installation. Through a local not-for profit organization, Earth's Millennium, un-paid volunteers will also assist in the replanting of the dune vegetation. The U.S. Department of Interior, Fish and Wildlife Service's South Florida Coastal Ecosystem Program is also a potential partner in the amount of $50,000 (March 1, 1999 notification of proposal acceptance or rejection) for the restoration and enhancement of the beach dune habitat. The St. Lucie County Mosquito Control District will provide an in-kind match totaling $56,570 to assist in performing the above improvements. '-' ...., . ' Table 1 - Species List Blind Creek Park - Ocean to River Site NAME FWS FGFWFC FDA Fish Common snook Centropomus decimalis SSC Reptiles Atlantic loggerhead turtle Caretta caretta T T Atlantic green turtle Chelonia mydas E E Leatherback turtle Dermochelys coriacea E E Birds Roseate spoonbill Ajaia ajaia SSC Little blue heron Egretta caerulea SSC Snowy egret Egretta thula SSC Tricolored heron Egretta tricolor SSC White ibis Eudocimus albus sse Brown pelican Pelecanus occidentalis SSC Wood stork Mycteria americana E E Least tern Sterna antillarum T Mammals West Indian manatee Trichechus manatus E E Plants Leather fern Acrostichum aureum E Beach star Remirea maritima E Bay cedar Suriana maritima E Sea lavender Argusia gnaphalodes E KEY E - Endangered T - Threatened SSC - Species of Special Concern ... , ..¡ ¡..,è5 8 8 8 <0 It) It) 0 g ;;:çm~ß~:g:;;~ 8 Ii5 §~£§ § 0 eo .., CJ .¡¡; 'CI)'" ~ N co 0 co CJ It) eo..,.., "''''CJ <It ,.... oeo <It <It <It "'......(\")('1")...,.- eo CJ CJ M 0 ... 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Ü ...J u Ü ~.E¡ lt~ 1/1 <D u -0 ."t: '¡:£I "j Ï Q) .£ C/) g.g !!. ~! ~ 'ü co E~l h! r "1 u 0 ::J 8 g J'ì 0 -l CJ II +-' ~ ffl C/) .~ d ··············....4. ¡S lU9G æ~ ...; C/) ÁMH SÔU!>! ~ ~ . C C ::J ::J CD 0 0 ~ Ü Ü .... c CD :e > CD æ (t 0> ~ C C (t (t ~ .... '5 0 .£ .ã. c .... ::J I- en -(t "Q O¡;: 0 LJ.. Ii ...................................... ................................................... ................................. ~Un08 aaqo4~aa~o '1 I I I 1 ----- ......, Figure 2 Blind Creek Natural Plant Communities Impoundment Boundary North to South Project Boundary Limits . Estuarine tidal swamp I ~i1 Coastal strand . Beach & dune .. Reservoir < 10 acres !II Electrical power facilities .. Maritime hammock D Water . Community Development i '''; Geographic Information Systems r " Mop P/8PIlId Auguat17. 1998 N TI1Io mop hu -. camøIIod ""--'pIorInOIg end ..- __ only. - .very oIIart hu -. __ 10 pn \Itde Iho 1IIDII.......1II1d ICCUrIII - ".,.-, I. 1101_ ""... II 0 IegoIIy binding __ '--'- 'wtI I .¡ ..., -- -- --.- ------..--- Figure 3 Phose A / Blind Creek Exotic Species and Proposed SWIM Improvements Impoundment Boundary North to South Project Boundary Umits - Proposed culvert · Australian pine !Oi Proposed pump station · Brazilian pepper · Australian pine & Brazilian pepper mixed D Phase 1A D Phase A2 -~ Phase B - D Future Phase . Community Development ! I ~. Geographic Information Systems r . . N Map ~ JonuIJy 14,1l18li 1No _ ... *" __ lor _......... .., ........ ...- onv. MIlt .., Ifbt... bMn ,.,. 10 pnMde the maeI ann Md ICaLnIII -- _, I. "'"_ Ior_ II. IagaIy ~ -....... ScaIo: l' - 1200' '._-'-~-- / '--' AGENDA REQUEST ¥ ITEM NO. C-I; ~~ DATE: February 1((, 1999 REGULAR [ PUBLIC HEARING [ ] ] CONSENT [X ] TO: MOSQUITO CONTROL DISTRICT SUBMITTED BY: OMB PRESENTED BY: Harvey M. Lincoln SUBJECT: Resolution 99-01 Correcting Scrivener Errors In Resolution 98-11 BACKGROUND: The St. Lucie County Mosquito Control District approved Resolution 98-11 on October 13, 1998 appropriating and budgeting $50,000 in grant funds from the South Florida Water Management District. Subsequent to its adoption Resolution 98-11 was delayed during the signature process for reasons which are unknown. As a result, the same resolution number was assigned to another SWIM grant resolution which has been entered into record. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 13, 1998 - District approved Budget Resolution 98-11. RECOMMENDATION: Staff recommends the District approve Resolution 99-01 correcting the scrivener error. COj'SSION ACTION: [j APPROVED [] DENIED [ ] OTHER: CONCURRENCE: å~ Doug ndeffion , County Administrator County Attorney: XX ~ Management & Budget Originating Dept ~ Public Works: Finance: (Check for Copy only, if applicable) XX Purchasing: Other: G: Ibudgetlgarylres _ amds\2/16 JItIp. wpd /' / '-' RESOLUTION NO. 99- 01 ....., CO A RESOLUTION AMENDING RESOLUTION NO. 98-11 TO CORRECT SCRIVENER ERRORS IN THE RESOLUTION NUMBER WHEREAS, the St. Lucie County Mosquito Control District has made the following determination: 1. On October 13, 1998, the St. Lucie County Mosquito Control District adopted Resolution No. 98-11 which appropriated funds for fiscal year 1998-99 from the South Florida Water Management District from the Surface Water Improvement and Management (SWIM) Plan for water enhancement activities in the Indian River Lagoon Mosquito Impoundments. 2. Due to scrivener errors in the resolution number, it is necessary to amend Resolution No. 98-11. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Mosquito Control District: 1. The resolution number in Resolution No. 98-11 is hereby amended to read Resolution No. 99-01: 2. In all other respects, Resolution No. 98-11 shall remain in full force and effect. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis Vice Chairman Cliff Barnes Commissioner John D. Bruhn Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED This 16TH DAY OF FEBRUARY, 1999. ATTEST: MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\budget\garylres _ amds\2J 16 _gmp. wpd b. '-"" AGENDA REQUEST ,..,¡ ITEM NO. C '-/ DATE: February 23, 1999 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: St. Lucie County Mosquito Control District PRESENTED BY: SUBMITTED BY(DEPf):County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 99-02 - Approving Equipment Lease/Purchase Agreement with Coastline Equipment Co., Inc. for Backhoe BACKGROUND: See attached memorandum CA 99-182 FUNDS AVAILABLE: Account No.146-9950-571100-800 (1999 payment) RECOMMENDATION: Staff recommends that the Mosquito Control District adopt proposed Resolution No. 99-02 approving the proposed equipment lease/purchase agreement with Coastline Equipment Co., Inc., and authorizing the chairman to sign the agreement, subject to final review and approval by the County Attorney. COMMISSION ACTION: ¡j APPROVED ¡] DENIED [ ] OTHER: CONCURRENCE: ~~ . ~ Douglas Anderson County Administrator Review and Approvals Management & Budget: .--4) A1 /J$d "",f t!tJnmJ.DJr Originating Dept. I ötheþ. Other: Finance: (Check for Copy only, if apPliCable);,( A. _ ð1< 'fIíR-~ ~ tL ~ _"- ~.~~ ~~~~~~~ O-~J~ ~~ ~'-' ~d~ ~. County Attorney: ~ Purchasing: cß ST. LUCIE CO. AT·ORNEv -'x:S61-462-1440 V Feb 22 ,('.- 16 :08 '-'ITEM NO. P,02 Ct.k AGBlIDA JUlQUUt DATE: February 23. 1999 REO 1JL.AR [ J PUBLIC HEARINC [ J CONSENT [ X TO: St. Lucie County Mn~r¡lIito Control Dlgtrict PRESENTEO By: SUBMITI'ED BV(DEPT) ;Cuunty Attorney Heather Young Asalltant County Attorney SU8JEGTl ResolUtion No. 99..0~ - Approving Equipment Lease/Purchase }.gr~cm~nt with Coastline Equipment Co.. Inc. tor Backhoe BAcrcnROUNQ~ See attached memorandum CA 99-182 FU~J)S A'\{A!LARtE· Account No. 146·9950-S7 1 100-800 (1999 payment) RECOM'4ENnATlON' Staff Tttommends that the MOlquito Control District s.dopt propo31'!cl RI.I!,olution No, 90-02 approvtl'\S tn. propoled equipment Itue!p1.Ucn.ee asreem~tH with Coastlin~ Equ1pment Co.. Inc., and authorWnl the chairman to 11gn the agreement, subject tu fiull! review MIld approval by the County Attomey. COInnUIOIf 4m_QJ(, g)}II'~1J1I.~IIICC; [ 1 APPROVED r 1 DENIED [ J OTJi!;R: Oouglas Andenon County Administrator CeUftty AI'tor:açy: ~/ KeVl~W And An"rnv.al. WW~CD'. C~.t. ~~h~n~J' .crdJ - ==:CoP1~:;'~Urn~ _ [! . J'qn:h~ OtbeY' --- 10'd ~OO'ON 8C:9t 66.;:';:: q8j S9S1-0917-:9S: l.31 èllSIt1 !O(~HH/) C:.i. [¡'>.'..I '-' .-....1 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 99-182 DATE: February 16, 1999 SUBJECT: Resolution No. 99-02 Approving Equipment Lease/Purchase Agreement with Coastline Equipment Co., Inc. for Backhoe BACKGROUND: Attached to this memorandum is a copy of proposed Resolution No. 99-02 which would approve an equipment lease/purchase agreement with Coastline Equipment Co., Inc. for the acquisition of a Case 590SL Backhoe, subject to final approval of the agreement by the County Attorney. Coastline has been awarded a state contract for this equipment. The sales price of the equipment is eighty- seven thousand two hundred nineteen and 00/100 dollars ($87,219.00), including a six year mechanical warranty. The lease/purchase agreement provides for five year term with annual payments of nineteen thousand fifty-three and 45/100 dollars ($19,053.45), including simple interest calculated at 5.45%. Therefore, the total cost of the equipment under the lease/purchase agreement, including a six year mechanical warranty, will be ninety-five thousand two hundred sixty-seven and 25/100 dollars ($95,267.25). Copies of Coastline's quotation and the amortization schedule are also attached. Funds are available for the 1999 payment in account number 146-9950-571100-800. The lease/purchase agreement has been reviewed and approved by the County's bond counsel with the revisions noted on the agreement. CONCLUSION I RECOMMENDATION: Staff recommends that the Mosquito Control District adopt proposed Resolution No. 99-02 approving the proposed equipment lease/purchase agreement with Coastline Equipment Co., Inc., and authorizing the chairman to sign the agreement, subject to final review and approval by the County Attorney. Respectfully submitted, '~cb Heather Young Assistant County Attorney ......... -....I Attachments Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Manager Purchasing Manager '-' ~ ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT RESOLUTION NO. 99-02 A RESOLUTION APPROVING AN EQUIPMENT LEASE/PURCHASE AGREEMENT WITH COASTLINE EQUIPMENT CO., INC. FOR A CASE 590SL BACKHOE WHEREAS, the St. Lucie County Mosquito Control District, has made the following determinations: 1. The District desires to purchase a Case 590SL Backhoe, hereinafter referred to as the "Equipment", for use in its mosquito control impoundments.. 2. Coastline Equipment Co., Inc. is the sole source for the Equipment in Florida and has been awarded State of Florida Contract #760-001-99-1 for the sale of such equipment. 3. Given present budget constraints, It is more cost efficient for the District to acquire the Equipment under a lease/purchase agreement. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Mosquito Control District: 1. The District hereby approves the proposed Equipment LeaseIPurchase Agreement with Coastline Equipment Co., Inc. for the purchase of a Case 590SL Backhoe. A copy of the proposed agreement is attached hereto and incorporated herein as Exhibit "A". 2. The District hereby authorizes the chairman to sign the Agreement and any related documents or-certifications as may be necessary for its execution, subject to approval of the agreement as to form and correctness by the County Attorney. y ..."" After motion and second the vote on this resolution was as follows: Chairman Doug Coward xx Vice Chairman John D. Bruhn xx Commissioner Cliff Barnes xx Commissioner Frannie Hutchinson xx Commissioner Paula A. Lewis xx PASSED AND DULY ADOPTED this XX day of XX, 1999. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\resoltn \ 1999\mcd.99-02 32!22:9~ MO~ 10:45 FAl 813 6129367 CEC :\CCOL'NTING ~ "'" LESSEe N8I'1e; eQUlPMl!NT L!ASEJpURCHAle AOR!eM2N1' SUPPUER NIITIII: Add....: AddfMa: City: SIIII8I ZIp: City: S1.WI ZJp: QUANTITY DESCRiPTION or: EQUIPMENT LEASED DeSCRIPT:oN SERIAl. NO . Equlpm."t Loca!K.n If oilier thin l8MM'1 Addras: 8CHEDUU OF U!AI& lAYIII£NTS T'Ie pI>~n!1 ItI:¡ulr..:! ijnder Paragrapll4/18reof (th" "Leae paymen"1 ".. mede uø of prtnciPIIItl1d In-.- Eac:t1Le_ ::Oaymen! shall llnit bw II ÇM<j to II1Ii1rest II1d II1en ¡ pllncipal. LEASEPAi'MENT ---=-D!'~;~ -- AMOUNT OF lEASE PAYMeNTS PRINCIPAL C()Mp()NENT IHTeFI.EST COMPoNENT PURCHASe OPTION PR C~ Term at AgrMm6nt. The t8rm of lllia AQ'eelnent shill COI'III'1enœ on !h. Hrller alt,. ~ Dá .. ..t font1 beIo.o (lr "- filII Le... ~aymenc Oat8 ,!¡tIC! above 8nd. u.... *,"j~..rtw plnuenl to III. AQ~t. In.U COIIItIIHt lor mOn1l1. (!JI" "Term,. TlIUI, AHD COI'IDmOHl-PL£A" RIAD CAR!I'ULL Y BEFORE _NO 1. ENTIRE AGREEMENT. ß!. Aarw,tWIt, whlçh I"CIUd.. .ny other IChlldule. document. Clr1IIICIb or wrlil1g /Md. 01 paIt n.nof by the partieI, CONItitutea U. eI1Ii.. ..---rt --. Le_ end ~. 2. . SeI!lWI"'I' -. ".. r Leuor..,... III Ie.. ¡ L_. llId Lea.e a;._ ~ _. from ~or. the ItIrN of .quipment (the "E'Iujøm~t·) II delcrll:led In IIMt OelCl'i /jQn ofequlpmenC ~d. ., el'f/: ~::;: '::::'I:\."~~~ ;-:¡:,=::. M- ~~::'~".~::~~A~~:~":.~::;~~~;,~ -:~~;:~~ ~~ ~'=. ~~~w.y=:.:- ::::~A: :::: ::'::::':: '~D~~~; .... lei __ t6 .OGU. Imd ~ . I :: -:' '::n~" ....i~.; e. Id,~e ,¡.~..w1I. Ir If¡¡. I 11 . III'R 1~_ "1IIf..../) Ie ~__. . _, ;;;';~ II ;;;:~ ~:; III' ~ .to ""- 3. WARRANTieS. LeNor 11M made certain WUIW'ItI.. wtth rM llCt to !tI. Equtpmlnt . .It IoIØIln C /IA!t I11III1 at dt:N:ument containing -~ _ranllM>. L_ qrøs that tMM.... the only _rraniIaa /MIll by LM80r. AI to t.a__. _IÐf1'I. L_. ~de anci ..- that MICtt IIMIgn_ II'IIIIut no upr.I or Impled _,",nU.. . to IIIi' ma..., ~"" Including, without Ilmllllilon, the cIaeIgn or candIIIon 01 till Iqulpment, .. .............1II11Ir or Ita I'MnHa fo, any 2IIltIcullt purpOH. Ita qlllllly, ~ 0' worluMrwhlp, .-.nt Infrlngeme/lál or IIIInt deftIcIa, or COIIIþIIenc:a of lIMo Equlprt\lllt wIttICha requlr.menca of lIlY law. ~lII8tIon. lpealflc8t o" or corllnc:t 1'118IIng Ihento. u.- ahal enforce *'1 _nMtI.., '9'-- and reprIIlnldon., If My, with I'8pId to lIMo Iqulpmlllt IIpInet Che /lllller of lUoh WItrWItIM. No 101"'II18I'I or "IIlnt of th, .uppll.... if any. .... the ~" 8UIhootaed to _Iw or.... ..., r.nn or oDndltlon ofllt.. AfIne- end IIQ 1'IP_.ltMion . to the !qul9mtll1t or anr ott.- mIIIIII, by lIMo aUpplle, If My, Of' lIMo ~, II1II1 NII_ ~ of /hi ob"-on to pa~ or any oilier Qb ~on WIdIr th18 AgNlmlnt. 4. LEASe PAYMeNTS; CURRENT EXPEH8E. L_..ag_ to g.y l_ PayrMnla dumg the Term honof In the ImOUntllIK: 00 the claIM '1*1.l1li In t~. ScII"*,,, rT. ~ Paymentl (1IMt "SciIed~'). lelia, illUlhorItId tiel 1111111 the dUll daIM of the t.eue Payments In the S<::hed~le. IInd any oilier InIo!mIIIon that Ihould lie added to .". Sc:haduJe n 0IdIr for the ScI!Idule to I'IIIect the ipedllc agreement. of !!,,, parties hontIo. AlILeIle f'aymlnlllh.,1 be ¡)lid 10 tellO' or tiel ~I 1lllignH(1) without notice or demand at sucl1 plÐce Ie L;oøor 01 lUçh ...ignee(a) may 110m ¡m. Ie line dIIfgnata by wriöeII noIICI tiel te..... la_ I11III ply the Rlntal Payme"'l6 $XcJ'JSi~,j,. from moI!I)'I 1Ig.11~ .v...blllIMt.... .. IIowfuI money at the Unbd 811.. of Amarica. The obIIgatlona d LeS$fj~. ,reludlng :1.8 obIgItJOI! to PlY tINt ..... PII)'II'III1tI dUlIn Iny fi.CIII )'8ar durtng the T"rm. .... COI1ItItIdIt a current ~ of le$SÐe fer s.lch Filc:al Y.1t Ind "I. not con.til!.lII In indebtadn_ of L_ .Ìlthe mMnilg allIMI c:onstituIion and .... 01 the Sta~ ir:NIIicII ~ is Iocallld (tile "Sta1a') IIIQtNng n.nir. IhIft COMtiut8 . pledgl þy ...... of .,y '- at other moneys (::her I,an fNII1.Y' ;HfuI;y ~c~(llrom timEt Ie time by er fw 1/11 bI~1fI of I.e_ for IIIIa Ag~) ttI tile PIIymenf or any PIynWf1t. EXCéP\ 3S ;;.rovìd4td in PlI'lIQl'løft 23, L.._·, obIIga/iOlll ttI m'" the p~ 10 l.IalOl' in IIIe _nil Mqulrld ..,.l8by ar. .beoIule ¿,rd ur,ccn~al. leHM 11111., ex¡:r...y 10_ IheI iI 'IIiII meke aN such P!lyrMnllllo Lueor reg.afdleu ot, and will not uae.t "Gains! laaor, an~ det.n... ctún, MtIoI7. or f.:OUlllllrcIån or other ri¡tIt, IIXiItlng or lulln. wIIld1l81_ may hew IIIIIlnIt 1111 Laasor or a~y otr.lf ~e_ at Inlay for In! IUIOn. AI UI~ in th'l Al/re.nent, ~1III'!b' sI1aI mIII1 till l_ P~II .nd any ¡)t.he, ~mo..n¡,e re( Ulred \12 be pakf by l_..,¡ur'lUIII) to II1II AQrtIr.WIl S. EQUIPMENT DeUV5RY. l.....'* Idvllod l.IIIaGrollladllftto.....ø. EquIpment. "-_althe Eq¡¡"".nt. the~ clel..'Y d lj, and :h. d-..d :_!IaIms fur h EquIpnwrt. If ....!I', in ita 10111 dlacnllo,n,l¡ IM to 1111_l1li acquia¡äQr¡ ~ L_ allIMt eq~;¡¡"'ertt, LM_lI1e. ClUIIlUetI Equ!pment 10 be ~ P\ll'lUII'It to L -_'I dftc:Øonl, but.1\III hIVe no !i,billy ¡ Le_. or ~o dny other :ar¡on lot 'ranlþOl1atio1 dtl¥1IY or ,Mß¡lath::n oIl/1e EQuiømInt. ......1IId bell' the riak :II loa. \0111111 ~1PId to any c'1['I~mert ~o...red r1'J IUch J)ulCtlMe Order. LeI_ i10Mlby au!horizllll_r to aod to this ,,~...nwr!t 1fNI..riel number ~ ee<:iI ftem 01 EquiP,,.r.1 gc, deli_lid 00. TAX WARRANTY. ~ &I101Il.11 all Þr:-. do Ind perform" tII:b Ir.a 1hing111lœll1W)'1IId Mlnin It!! COIIIroI in amer~ .......tI1atthe ·rr.rest cc;-n¡::.,.,: of tn.leIM Paymenll '_i\ItCI by the ~r wI, *" ItMI ~ of' FICIInII !'ICCn1IIDaiIon. be IXcIudad Iim' g'os& '·:(I"'\e ot~a ~_. I" furthltllnee oflhe 1or\Igo r\:.le_1hIII not do !0'~1o be done) any acIi...nlch 1IIIi1l ClUIoII, Or by omihion ~ iA'~ ad allow, IhiI AQt1Iemerw to:& an "arbìlr!(lll baruf' w:nIn theIM8IIÏI'1g of Sr.tion 1.$8(.) d IIIIInIema Rw.nue COOQ of 1aað, as ¡rr:an~&d ¡.~ the '.'Rllon. iuu.c thereunder (the "Code") or a " IfÍv8I. làI\/Iy bond" wllhin !hit me"ing 01 ~ '.1{R¡ of the Cod" Les....., w;~ sub.,.,jt to lhe Stcrlllry aI the r_,JI)' inbmallon t1IPOrtlng ~ ana aIhIr ~n IIIIIIng to !tIlt. Agreement ill ¡t>, 'Ìmas I"d In ;/II foIms '~red ~ "- Cod.. Notw:!halanding any 0Iher prollÎllon of thloò Ag¡M~nt, th. Pllragrap/l6 .hall sijllli.e!he lfIrminati.:>o ~lhIe Agreemen!. 7. PROTECTION 0.. SE:.CURlTY iN'!ÐU!ST. LfiIH at ill expenae wID )1UIIIct'nd detwId LlUOI's Mcurity '.,.e.....' on thoI Equipment and W':: ìœep tM Equipmen! r_ aroO dea, dailY and II dam.. liens, 9IICUI1IbranClland IIøaI ~ h__ ana whenev.r ersing. The Equ!~fII; SIUl~ a'wl)'l _In and bII deem..:! ;)oIracnll )rO Ierty...... tIIcusjlldac;hed !II> ...~. All {.~t equi ¡manc, repairs. '-,', EXHIBIT "A" i4I 00 7 .LV.' l '.. tJ ,.\.\ ) _..J ;,,¡.._ .J_JU \~..... \... .."..... ....."'''- .. ....~ ..... ~Vu-:; '-" ....., D' ~ocessorlls mllde :0 or pWc;ed Ir. or U )On IIIe EQuipment shall boIcome . compollel'll Plrt ~ and . MCu1!y ir.*",at I......" .;'all boil .>1V;¡ðÒlatilly v..t8d In LeIaor IIIIC nil bot 1ncIuc:1.a under lI1elerma hereof. L..... slid net makIt 811)1 demIIoM, llddliona or Impr?'4"*,tI to the eQuiJ¡mertt without lne prior wrtIen ~ 01 LIMOI'. Thl equipment IIWII be dtlMlrea I/Id u..aftflr KIþ!, "UIir1:aIl1~a II'd Io.....d at \he kK:*n ''**'I<.I MIVII/Id "'111 not ba ..",CIIIICf theNllom wt!haUC lAuor's WIt1efI conMnt. NotwithI:anGi~ the ~ing, " any porUcn of I'MI !:qulpflltlll may Ce can_red a tbdan. !.laM Iha. CIIU II¡CII1I/1gOI1!I .,. made wíl/l ~re Dcpi cIÞla oøvemmentll otIIdás end otIoIs to CIW8ta n .-rfIct 1br !.aIaor a .-deded 1Irat øriority IlCUrIy ;r1I8rwt in ¡he êqulpmon. .,~, If I8<IIMIed by iN L_. !tI1 a.- .".. oÞrain the wa_ 01.", in~ in !tII Equlpmarrt from .", _ of, or. eec.:/eQ pa"'l 'M:!I In 1n18r811 Íf\, Iqulpnw¡t on wNc:IIltIe E~ becaIMe." ,oœlliCln. In 1KkIIIon, . reQUIeIac by luecr, Leueo: sIIl:1 obtain .s IarIdIoI'IS øn<Ifof rnal1g8 lt' WIlli... :If tfgtrtllUCtl illdoft or n1CItQ8;ee m,yl1lve 1D!hI EQu pnwnt. IJ ASSIGNMENT. Thill AvItlllITllln! I1IIIy be IMlgned In whole or In Plrt to onl or more DIIO- by LaIaM. AI rteI* of '--r h.reundlr ,hall bot tIUC~ to Iri any ....,,"" '-01 _Mid ........ title to tN. Aar-enI, to the Payments, I1Id In and to the EC uI~ .INII be ".. from &II d~. I"" III' CO\IIIIM:IaiIll8 of ."y kind or ohara,*" WfIIcIl ~ ma,. lie .dItI«i to -..t I II'" ~r. It beln" undenlllood and I I'Md !hit ..., ..... of I..aMor tIoM lICIt __ any Obl"tlllonl Off the L._or. II ill\JntMr UlYJlrMQOò IIIId .I! fted !till 1.11_ IT1IY IllPlraiy claim IQllnat I.euor as 10 any INtIIttt IIIl!ich l.._ rnay be II'~ 10 111M! aGa'nst Le_. No IIJcÍ1 ~L tra""'or~ thall be ~ until ~ IhaI ha... ~Id IloWIten l\OiIca 01 ao;signment IhM& d~ thl n.me and addNaa of MCllsudl...... Duling tile Tann, u... ..... keeÞ. or...U8I to be køpt, a ccrr.p!atl .nd .COUtII\8 reQ:Il1l oIllIluc:/I aa91nwnta in farm -.ry to camøIy WIllI SeclIOft 14 01 till Code. For 1'". )UI'poIU, lasue appoinls Luaor to act · .. ~ ~, wt11ch ~oultmønt ~DCr I!eNby Ie". ~ __I on LMøae'. behalf Ie 11WÎI1\8Ín 'leen';l of ailllalllglVniInIL LaM. IIgnMI, if .0 *I\I-.cI. 10 øck¡_.... ClldlIUCh -lIgnmerr In wrttIng w.1tI1n t 5 dayt aIIer rwqueat thalllfer, oJ! Bud1 Ic.kn~ment .1181 In no WIlY be clIInId IIeONIIty iI:i r.1Ike any U81 nIN""~. I.Msft I\I!'III \0 __ ._ doQ !TItmJ indudinQ no!iall ~ 'ulgnmant end à111a11 mortgø¡u Of IInendng I!8IImIIIIIIhBI which may be -"I~ NCIUI8IId by Leu", Of rt5 aS8;~ to proIIct 1\eIr InI8r8aIe In Ine equlpmant and In I11III Agreement L.... ma)O not. willout ~-.cM's IIIrlll.., canlofOt, by ~n of '- or aIhefwtøe, I881 n, _tIIr, p/8cIge. I1ypothecatl or otherwise oj ¡poM 01 tile Equ~nt or In)O !ntInIII 01 ~ tllerein. ~ It~DI!IItIITY. Excapt In !lie event !AIlOr bleaçha 0lIl qf II wanantielr delClibad In ParI;rap¡, 3 hefeof. 10 the exf8nt Ø8II'IIit!ed by law and pü:>/Ic policy, L.eI_ hIfwÞy indlmnAIM l.euor &gal... Ind ~Did, L_ hBrr'IIIIM fram 8IfI'j Ind I. cIaima, 1ICtIon.. .... pr~. CIOtta, ~-. dam.. and 1!IIb". lncIu_ øtbMye' '- .rlalnt out of Of ~ w!Ih !h. Equlpmant 011'- u.. ther.or. ìnckldln; wItIout Iimbr.¡ the ganerailty of tile 'ortgOing, II lTI8f1I r.ç¡¡nt, MfICllOn, dIIIYIry. IXIII-mn. 11M. has, operation, relu,", or I8t1Ir.t or atI1Ir defwc:Ia. w\1etller ar r¡o dIIII;overatJje or _Ing out '" Illy faIkn by lIIeM 10 paIfOtm or CØII1IIY will! Iny 01111. 'JIfhIfJ an<I ~If~ cllhia A( !1I8mtIII The Indlllllltie. contIIned In tIIII P81'CIllØi'I...... CCIItInue", rull fon:a and .ffed nDtw ~tandlng '.he t~inBtlon 01 tNa AgNamI"! ~ II '" ;~ndant contndor .nd nothing col'lUIlCt In this AQrHmant ....11 .uI/1oriq L_.. or I"Y 011111' penon 10 ope,.. or UN 811)' EqUipment G a.1o Incur Illy abllgatlon on behalf Ii ~ Of itnpoae Iny !IIb.y on L_or. 10. LOSS "ND DA.....GI!. L.a81111 1l18li ~- the!Sntirll1lk 0# _.1111" dnlf'UdJon ard8m8ge 0# the Equipment Of 811)' PIlI! ~tfr~ 1'1) Cleat wIIa~. No 10M, U.llt. Qestruction or à8INIgI (It the Eq\Cll'nlnl IIId ,...,. ..... of the CIbIlgøtton 10 make ~ Payments ¡¡r 10 perform anv obIgatiøn under this AcII'MI!IIIIt 'ft tile ..,.nt ~ lOll, tlllft, dllltrudlon Of cSøInIge of Iny kind \0 any item of th Equiømant, ....-. It tnl cøtiol1 or ~-( aIId: (I) pll0l1l11 11Ih"" ÍI' \JOOd /IIIIIlr, .writing GrdIr n cond1tIor. (0f'Øinøry _. and telf exce,."I8d); or (b) 1ePac» tile - will! IIIe lQU~mant in IIOOd rwpIIlr, WOrking otQIt II1II condlllon (OfU!nøry 'ftlr Ind IMr 8XOIpI.8d). "'Ì1CI net ~I (as ;efintd 'n 1111 list ..nwnca attl1ll PlI'I III ItI) Ii lIlY !nøurBrIl:e/KOVllY all.. ba BPØIíad. llWidao:llbovllII1laaa en @"e~! of defNt Glllø !lave 0\;W1'8( 100 be I;OIltInI.~,,1n I'ItIIct1 01.. lhe 'lit IRC*ds IhaII be paid to LalIOf and ~ 10 tNI amount due ana p~yaole \0 leuor hll1lt.M'ld8r. II ~ net pracøàI 01111)' In_ ~ llllneUllllcllnt to (JIlt In fill for Ihe /'IPW, ...to,*",/1 ,¡r ~aCðnwnt 01 EaIlPl!*t, Leesø .1IIII1iII1Ir co~1e6a '" WOIII to :hi IIItiIlaaíoo of Leuor, and p., ""1 eoellln 8Xoell Ii tile net ørcœQ w\lllQlJI any cIiIr. IoIleimÞiIlMmeI\Il7. tIeCI. h'Y1lAMor or.-y tt1e 'pplcallle PIIrdI... 0 II 0n PrIce pblllI Paymantll!hl" dl,. an-~ O'NIf19 r.r.undlr. .....~. III" .- the _nt I'fSmelnlng t'rarn 1II1 1tIU PfOCIiICtI oIlny Í1IUrance ~ or condermaIion awa'd aINr dlCt:JCltng l1li upanaal (lnc:luclln¡ _nibil 8IIomaYI' _) IlII:Iirred In '" collection Ii JüC¡," dIizn or sward. IMaM wi( )rr.ImpUy notJfy LellOr In nl8IONb18 detail of any .." placed upon or la8lied øgøInat tile Equlpmant, 01 any dlll'llge to or INIIKitl à1anow ~n tile EQuiøment, ilnc\ of lMe occumnoe ~ 81')1 oItw 8\lant w\1ich MI had or ~ !lava I maI"';a\ affect on lile vw, 01 thl E'Iulpment. , , iNSURANCe. L.a_ Igr_ 10 Itaep the eq¡:J ¡menIInauM to pro*, IlIlntalftla of LII8or, It L_'1 ØXpenae. for such rIaIts. ir :lUC';, amuums, in BUell forms ..,d will luà1 OCIII1I*IiIt, .s ~ 'n.y raquiNI, Including but not Init8d to,,", IIfIG øtanàld coveragl "1suranC9, ""pmlon and collillon -.. .nd PlflOnøi i j i¡y Ind PrDl*t)O d.m'V-Iiabij y i"su..noa. L_r may (ÞuI shall net be- <>b;¡¡¡a!lld 10) ÌI111U1l1he Eq..jpmll'lt . 1hI..".. tit ....... Ally fnlUl1lnOl poIIaIea ....lIng to lcel or dam. to lhe EC ¡IpIl1lr.t Will nlRlO LeMO' 8110... pay.. 118 IlIlnllrllla may A l il.r Ind 1111 çwocaad. may be applied towal'lS tllel1llllaCarnat'lt or IepÙ of tt1e e~~ipmllnt or "" sal'sfacll:xr of 1I1t1 P~II of Ls".. :.fIder !to'- Agnllment, Any such policies 1l1li1 COntl/n I pt1 \IÏIiOI1lhat they may not be ~anoeiled or 1M cov.rrwge nldlJOlØ willlout tIIirty (30) da¡¡ lItIor WItI!Ien noIIoa 10 ~1IOt. Any /iaÞ'1t) iMUra_ paIcia. ",/I nama UoIMI ar.d Leaaor as ao-In._d III1CIIIIa prccatda .hlll be lIppiieó fil1ll to LaIaM to the extant of i\:a 1IIobIIty, If."" and 111. bå8nOl \Q ~. le__ ~naIf fum.h ~. poIk:iM Of Indor8ørnerq íD IM_ .. ptrOof of IUc:llInauranCl, L..... herllby 'PlloWa L8Hcr at LOMen I~r'r..f,ct IQ møII8 cIIIlm for. 1'801l1li payment oJ and ___ or IndOI'M III øocumenll. à11Cb ordran. for 10M ""damage or ,.M, pr¡.m:'Jms undtr .,y lnIurance policy IIIuecI on 1I1e E~1 IInIN Ind he~ llligne \0 LalIOr d oIb right, We and 1n11_t in ãI1d to 9uc:11 k1a¡ lnc:e pOOda.a and tile procøda tilanlof. if Lauee illliJlnaured willi IIIIp8CI\ to aqu(pmanc 8Uà1aslha EquJprrIdn~ Las. srl8ø ""'¡"'.am ClUrirt¡¡ ItIe Tenn .n ICtIIrfaIl)' aound II8IInaInnce ø·'1Ig1Br11 In IDrm II8tiIfKaory to L.Ieøor Inc\ 111111 rOVide .vldenœ:~ In form ana ...canoe HtI8tacIory to IAsIor. It I'IIqUIIIIId by LuIIor. L_ 8haI ~ .. opinion 0# _iliad col.WlltllO the ItIIIct 1hBt the obligations 01 LM_ IIndIr any wc.'I tllJ.lnlUnlnCl PIOOI'8'" ani iaOtl. bidng Ind enforceable againal ~ In ICCIOfdanCII with .1 ten."" 12. TAxeS, /IIIofIINTENANCI! AND INSPI!CTlON. The PBrtes 10 111'- ."11"""" corQmplltalhat the !C;U~ment wllbe uaedlor a g01oIlt:vn.¡,t.1 Of ptopñel8ry pt.rpDM 01 L_ Ind, 1I1efefoI1I, Ihat tile Equipment wI~ lie .8II1 :i\ InIm .. tuea Pnlnntly _3S!Id a11<.l ieviICt "'¡tr....peçt to JIIf-" ptQp9tty. Neve",,:_. Will. u.., ~ Of lIOqullldon 0I1IIe EQUIpment Is daMrmined to be ,ut:. ea 10 wa\ÌOn, L..... lhea pay wilt" dUll III tuea Ind QO-u.¡ cIIa'VlllawfuIIy ___ or levied agIIInet arwith reaped 10 the Equipmt¡r;1 Lo_ 111- to Ute, operate 1M mtIInllllr> 1tI. e..1pn1ent In 8CCOf!S8nœ wItII8I1awa, 11Ig latIonIlnd ordinances and III 1CX;0l<!at':e with the prtlllÍllar. gf any pqìc:iea of l'1I\ rance CCMII1ng the equipment, nOl1lll1lllt the I8r1'II 01' '*'"~ lhe same 10 be IIMd I>y .nyo~. otl',lr II18n 1.8a_ or ~'. e~, l..... 1111111111) Iœep 1111 Equt lmlllt In goocI ,..ir. -xing ~r Ind condition torair.~'Y Mar Ind INr .,.~) IIId hcu..the tame in .uâllta 1Ih.11IM. Ind 10 .-rmit Leaaor Of ita ullone 10 Inapecl the EqUlpr""1II ;at allY ¡¡/TIe and to <IIiIIrooÍII ~ i1Ir Intlll'MtI thwøin L_ IhaM USltIIe I!quJpmant it a call1fUllIIII proper ITIInntr lnø only ~r '.he PUi >;SIi contempl_~ by ltIelT1if1u1IC1:"I1It. .,ny Equ pnant II QlIIIomIrtIy ccwlnld by I maInIInll1CllI!JMnwlt, LIaM Wi. fl.mlsn ~ðQOr with I m.alflnlnœ agntBrl1lr.t cy ,¡ Øilltf lSiIonabIy IIIiIfac:IIIIry to Ltuor. No malnlllnanCl or ClIW III\Ilœ for tie Eqlipmønt "'HI be p'v.i; e¡j by LsalOr WIthout the )/ÌQt IIIrtlem:Gl1:M11t 01 Løøor.1AIIte 1i'.aII not mtke Iny deretìona. madiftc8dcO¥ or .altachh*1::I III m. Equ'p"'"nI !list carmI blnlmoo.ed wit"W Tr1III11r'11y dlmaØng the "motional ~ Of 8COnCIIIÌC value of the ecr~ In 1N'ver1t thOi' EquJpme!1ll1 rlllUrY11Þd Co "-\)Y. \"Ie let_, .. "10111 coat Ind expenee. II1II11 '" I1IqUIat of Lauor. will r'llh"Ø\lllI; alllMlItion5. modI!lcatic!1e and 1IIK'm1fMII, n rll lIir to ¡¡ Equlpmant _ nacnury 10 "'turn 1111 EquI IIIM 10 ".. COIICIIOn ¡, wIIiCI'I n.. furnillllad. O'c·n.ry ....111' .na tear .rod ~ m;JdIñcatlone exc:eplad. ...~,..'-'I parte 1Ih.11 bot he anc\ dlar at... of GtIIIrI, Inc\ aha~ Þeo<.<noo par: 011,. .:~ øncj ¡¡,.q.c: /llfWÌo. 1 ê. WAIVERS. Ng ae!a~ IIII1CI;Qt Ofniuion to ~ 111)1 rI h!, pawer Of ~.I11ICÌY IccruIng III ~ upon any ÞI1I8c!1 o~ d1Iiaun Þy "'"111M u:>åI, ~".. A9'-'" shill Impa;' "'Y luch righi, po.- or rwmedy of '- Q( ....11 be COIIIIruad n a waiver If. 1111)1 II/¡;t, bruaCh Dr d"'a~". o. of any 10"" IIIWIICII or delaull lhenlafler oocunift" nor ahaII Iny WIÌVIr Ii .1ingIa bruch Of cilflult be deemed a ..."OV.r 7- O;'y .WMqIM'J! br~ Of d.f.ul!. AN ~rs uno. t!1iI A¡r-.-t mu31be In writing Mlell'" bellfectlYe only CO tile 1IIrt..-.t s¡¡eciic.Jl j~' "I ;0111\ t~ a"¡n. 14 'J¡" T: PA YI'EHT'S AN ) PEI'IFORMiUICE OF LESSEn OBUQ4 TIONa BY L£S8OR./f (I) any a.- Payment or ctI'.r P.yrnent owing ',~¡b~ra..r;, ~ paid wiler due or(b L_ talltlopelfolm III,. clitII oIIIgaIIonø htraunder Inc\ ~ I*Ionrw Iha aan",1ot 11'18 lC'.:QI¡f'It Qi !.~~et ar.ø incurs fJItPIf-. c:ot1s, penalllls or latlllltlea In 10 doing <"ReiMbuteabll ExøeMeø'" l8uM 3l'laI lIlY intanllt 011 auch ~.use !"3),TH,nI or 1Atw ....¡ment f!'om :I!ft!!318 due and, with reapac:t tD till RIII~uraIbIa E!xpen_. from the date InCUfnld, in aac:I1 COiI£e u"dlpeId, .It !not r.~ oI.'ghlean (18) percen: )II" 8nf1l m (cr. If aud'I raI8 II in _ dill. rlllØnl.l11l11e pamiItIIcI by la.v, lhø lnoÞim"", ""t. ~d by law). 1 ~ DeFAlk T Tnefollowlng Snalf Wf11titc1Ai atl event DI Clef.... under this A¡reament 8IICI ~ IInnI ·....l1li1 r:f dtfault" and ·defs~¡t" SMliI ind\lge, w""nov... II1ey are ~Þd In 111111 Agreement, 111)0 QfM of the fo lowI~: (I) fdunt by L_ to P8)O any l8asa Pøymer.t or all)O ~.' P!tm<tnt t1t( Utrad 10 be ¡:aici her8tJnd~r at the t!mø .~Id herein. Ind JUch "NuN continual for tin (10: dl~' 111M thoo dill eWe ttw"",· 2 J.L·C. U->. -..¡ . .~.... Y'-'_ ........ J,. """^VI... '" 4ítJ U.J.lJ '-" "'" 16. .."cepr upon a NO~l'Opriarjon, (b) Leue. fall. to perform or ObeeN. any oth.r co~.nanr. ~ndltlon. or agre.ment to be performed or otlaervod by it he..under and ....ch fail...,.. ;. nor cured with,n twenty (20) days after wntten notice 1he",of by L.....or, (e) the discov.ry by Lessor that any atatement, repreaentatlon or warranty made by L.S£ee In this Agre.ment or any Writing .vet' d.llvered by Les.ee p...rsuant hereto or In connec:tlotl h....with hi fal.., mieleadlng. or .rroneo.... in any malerial r.a~ REMEQfES. llllhenever any evenr of default shall have occurred. l.e.....r ./'Iall /'lave the right. at Ita optJon and without any further demand or notlca. to take one or any czotnbinatïon af the tQlIowing remedial steps; (a) L.essor. may cleclare all L._ Payments d...e or to become d..... during the llac:al year In which th. a_nr af default occurs to be Immec:tlataly due and payable by~: (b) Le.....r may rwPO....a any or aU of the Equipment by giving L._. wribn natIcø to dellv.r the Equipment to Lessor in the manner provided in Paragnopn 24; or In the event L._ fails to do ... wittlin len (10) days after recaipt of auch nOlice. and subJ&c:t to a. applcable I_a. Les.or may enter upon Less_'s ¡H'em.... where the Equipment. kept and take po...Mion of th. Equipment and c:harge Le_ Ibr c:oata inc:umod in "''''''_aaing the Eq...ipment" including reasonab4e attomeys' fees. u.s- hef'eby axp_1y _Iv.. any damagea occaaloned by auch repo.....ion. Ir the Equipment 01' any portion of it Ia not In good ...~ir. wondng order and condition. Leaa_ ."aR pay the appUcable P...rch.... Option Price tQr such EquipmenL Notwithstanding the fact tnat Lessor has taken possession of the Equipment. Le__ sna. continue to be rwsponsiÞle tQr the La_ Paymenta due with respect th....to during th. fiscõll year th.n in ./!'wet; (e) if L....... tarminat8a tnis Ag....ment and t.aJc.s POaaeaaion and dla,...... or the equipment or any ponton thereor. Lassor shall apply the p~a of any auch dlsposltfon (0 pay the fallowing !tams In the fallowing order. (I) all caata (Indudlng. but not Ilmted to. attom.ys· r..s) Incuned in aec:uring l'OA4Iaalon o( the Equipment; (11) ;all expense. incurred in comp eCino the disposition of the Equipment (III) .ny ..lea or tranafer sax..: (Iv) the applicable Pun:n... Oplion Plica or the Equipment; and (V) the balance of any Lea.. PayrTlW1ta owed by Lessee during the llac:al year of ~ then in.ffect. Any disposition proc:eeds ntITIaining .fter th__ dlaburaamenta ha_ been made .h.1I be ~Id to Le_. In .tdltfon. Le.....r may exlH'Clae .ny other rtght. "'medy or ptivllege wtùc:h may be available to L_ under applicable law or, by appropriate court adlon at 1_ Of' In equity. L.eaaor may enfaRa .ny 01 ~'a obHoatlons h.....nder. REMecll!S CUMUWl.TJVe. L....o,.. righta and ,..modl.. a,.. cumulative and may be ."an:iaad conCUrntnUy or _parat.ly. No such right or remedy I. exdu.lv. of any oth.r righr 01' ,..medy provided or permitted by this Agreemam or by 1_ or In equity. TTTLE. Notwtthatandlng the d_lgnallon of cIns.rt L.~. n_ - Leaaor. cIns.rt ~. nam~ &han not own the equipment and by this Ag-.,t ia _1eIy financino th. acqu;'itIon ~f for Leuee. ~I tide \'0 the Equ;pn.nt, induding. if applicable. any softwa.. Uc:ense component the..of snan. so long as .n _ent af default or Non-Appn:Jpriet on has not 0CICUrntd. be in the lAa_. Upon the oc:c:un.nca of an _nt of de(aulI 0( No"........,proprtadon. fUll .nd unancumtlenld legal title \'0 the Equlpmenr ahllll p..a 10 the .......r withoc.n the n_iCy of fUrther action by the partiea hereto, and tI1e i..essee s"all have no fUl'U'ler Interest th.reIn. In connocöon with the ....ersion of tltIe to L.easor, L_ .ha. .- .nd deliver to LeHOl' auch docurnenta .a l_r may reQuest (0 evidence the )a-ae of Le_'. tJtte and Inreresr the,,"n. ..,d upon rwq- by the Lessor, the ~ shalt dell¥ef' posaession af the Eq...rpm.,t to the L._r at L.essee·s solo coat and expon.. and in the condition ..-q...ired by Parag..ph 24 "......,. MISCELLANeOUS. TIme. of th. .asenee of thle Ag....menr and .ach and .U or Ita prov.lons. This Ag....m.nt may not be modified, amended. alte..d or ch.nged exc:.ept by a wrfttan -oreement algned by the party aought to be c:h;¡ rged. In tt>e ....nt any provision hereof .h.11 be Invalid 01' unenforceable. the remaIning provlalon. h.reo( ahall rem.ln In full force and etI'8ct. The d_criptiv. h.adings h.reor do not con.uNta . part of thla Ag....ment and no I""'..n_ ahall be drawn th.,..from. Wh.nev.r the word lassor la used he,..ln, It aha II Include" a..lgn_ of L.e...... __pt to the extent of Incumng .ny obligations 01 the named La..or. Thla Agreement ahal'lnure to the benem oland .hall be binding upon L.....r .nd L_ and their reepect v. auccaaaora .nd ..algns. ~~;~~.'::: :::::~ ~- ~-= -~~~ A,~~~~~~ ~~ ~!~i~~~~='" 'r- ..u" Ir~ ' u..a .FI~ fer I~a ~,.,.,u~ ~':=I~:~_:; :;;: -~~:~~~~ ~~~~:i~~ :r":;-!~~~~ ~auFl~ ~f ~.~a..:aR:::: .~:= 1h..::~~.~4.i ~u..~-..di' _--.:.;~;. ~-;, .., N........ .- .---. . "'t..~..__.. __u - _..1"''''' .,- - I. 1fT T See below AUTHORIZATION. Leea_ repreHnta .nd warranta to Leasor that I.ess_ has complete end unrestricted power 10 .nt.r Inlo thla Agr_ment and that the persona .xecuting tn;. Agre.ment have been duly authorized to ...acuta tt>e ..me on beh.lf of Lea._. NO THIRD PARTY BI!NE"ICIARY. ......or .nd la.... ag.... th.r thla Agr_menr Ia not Int.nded to benent any peraon or .ntity not a aignatory hereto. NONAPPROPRlA TION. Notwithstanding .ny provlalon ot UIIs Ag....ment 10 the contrary. .....or and L._. agree that in the .v.nt that prior te the commenc:.ement of .ny of Less_'s 'tacol yea". ~ d_s not have suftlc:ient funds approprlat.ec:t to make the P.ym.nts required under thla Agre.ment tQr said fiscal year. Le.... shall have the option of canc:.ellng thla Agreement aa of the date ot the commenc:ement of sucl\ ftsc:.el y..r by giving L.e.aor sixty (60) days prior written nollea of Ita Intent to c:.encal this Agreement. L..s_ oo""nants and ..p.-.nts 10 L.....or t"at (a) ~--::-.::...:::~. t... Ul6 ~,,:1"'!1 I.-*,,,~:. ~.... 1__ ¿~~~It~~~:.:.!~ ::~~\o~;..:.~~W... ..¡ "- 11...1 y..,.......". ah. "'r¿If.. 4 J.I:IIRII...'U.""_.....llg panni. b.._.a ta III.ah... .11 .t_ .aU..! h '" n Lessee has budgeted and "a. av.ilabl. for the current flacal year aufftclant funda to comply with It. ob.þt!ona under thle Agraement .nd b there are no clrcumatan_ p.....nlly aft'8c:tlng Las... that could reasonably be expected to .dv.....1y afItec:t Ita .blllty to budget funds far tne payment ot sums due under thla Agreement. No ....r than 1he last day of th. IIscaI year for'Nftfct\ appropriations _.. mad. far the Payments (the "Retum Oall8"). L.ess_ shllll retum to .......r all. but nat leas than all, of !tie I!qu¡pn.nt, at c.--'s sole .xpense. In acc:ordanca with Paragraph 24; and (/II) thla AG....ment shall terminate on the Rerum 0... without pen4IlCy or _perwe to Le_ and Lessee shea nOl be oÞMgatect to pay tne Lease paymenta beyond .ucI'I flacal year. provided. tl'lat Le_ sha' pay 1111 Lease Paymenta and other Paymenta Ibrwtllch moneys have been appropriated or are atherwbe _allable. provided furth.r. that Le_ ahall p.y month-tø-month ....nt st the 1'11118 _ for1tI herein for each month or part tt>ereof thet L_ t... to retum !tie Equipment. RETURN 01" I!QUIPMI!NT. If ~or Is .ndúed to oOf:aln ~on af any Equipment or If ~ . obllgall8d .t any å'ne to rerum any ¡¡q...lpment, then (a) tllIe to the Equipment ahall _at In l..aor immediately upon Lessor's notfca tI1ereof to L..._, and (b) Le_ ah.ll. ar Its sole _pense and rI&k. 1mmed1a6ely d....nstall. disaas«nble. pack. crate. insuna .nd retum the equIpment \'0 ~or (all In accord...,c:e with applcaÞle industry standards) at ...,y location In the continental United Sta.. nlaccad by Laasor. Such Equipment shall be In !tie same c:ondltlon aa When rec.lved by ~ (ordinary _.r and lear ezcapted). a/'lall ~ In good operating o~ and m.intenanca a. required henlòy. shan be free and clear o( any lena (except Le_f. lien) and ahall COf'I'IPIy with .11 appllcabl. Ieww and regulation.. Until equIpment is returned - reqtd,..d above. .111Iem1e h....af shall remain In fUll foR:II and .1I\act including. without Ilmltlltlon. Leuee's obligation to pay L._. Payment. and to ineu... !tie EquIpment. PURCHASe OPTION. Lass_ Is hereby granted tt>e option to purchase !tie Equipment In wftole but not in part "sa is" and """here Ia". prior to !tie ac:heduled p.yment of the Le'" P.yments, on any Lea_ Payment c.te .t a prtc:e aqual to the PUrcha.. OptIon Plica shown Ibr the Rental Payment Date on which such purchase la to be eft'IIctIye undarthe column entitled "PtIrcha_ OJItIon Price" In the Schedule, plus a. oth.r Paymenta then due or past dua ,-",under. To ...erc:iae th. pUn:n.H option. ~ sha. give L.esaor Irntvoc::able written notice at It& intention to exerdae such option and dealgneting the l.eII_ Payment c.ta on which auch pun:n_ Is to ~ ~. which notlc:e ahall be dallYerad to Lessor at least thirty (30) days In advanc:.e Gt the propoaed p...n::h_ date. ~r sha' then PlUmplly Inform ~ or the Pun::h;a.. OptIon prtc:.e (0 be paid on the Lease P-vrnant Oate ..1ed:øcI by L_ wtllch Purch... Option prtca may indude other Payment. due hereunder, and may ~ modlfted to rafted Payment8 arlsino after the dete Lessor ao info.",.~. Th. purchase option herein granted may be _rdaed by Le._ wlMltller or not one or more events of default hava OCCUI'T'ed and .", then Cl;lntlnulng at the time Gt such exercise: provided. IIowover, that the p...n::haae of the equipment ...pon the exerdae oIauc:h option during the Cl;lntlnuance of an avent af default ahall not limit. reduce or otheNtfae affac:t IlablllJes or obligations th.t ~ may have Incunwd sa a result or auch .vent of default. On raœlpt of the applicable Pun:n_ OptIon Plica In good fUnd.. thle Agraement ahall terminate and '--r ah.1I dellv.. to the L.aaa_ auch deeds, t"","lnatlon atatementa. biBs 0,..1e .nd other documents snd Inatrumenta .. th. Lea... ahall ....aonab/y ..-q...lr. to evidence the transf8r of aU right, ride and Interest 01 the u.saor In auch I!qulpment to the L.aeaee "_ Is- .nd """'- .", wtthout warranlV. .xpress or Implied. except that Leaaor shall warrant that auch Equipment. free and dear of all llena cre.ted by Lessor. NOTICBS: For the pu"'.... of thla Agreement .ny notl_a ..-qufrecl to be given, s"ell be gl...n to the p.ttI.a hereto In writing and by c:ertlfliiã mall at the .dd,.... h.rein set forth. or to such oth.r edd,.._ aa .ach party may aubstltute by notice to the other. which-notice shall be .tTedfv. .. to Le..or upon Its ree.ell't by Le..or and shall be effectlv. as to ~ when d.poalted in U.S. Mail dUly .tdres_d. ~tage prepaId. Applicable u.... Th. Ag..ement .hall be gov.mec:I by and construed In ac:cordanc:.e with 111. I_s, ."duellng tn. laws rel;atlng to tha ch04_ of law. of the State. Jury Trial W.lver. THE PARTIES TO THIS AGREEMENT HEREBY UNCONDITIONALLY WAIVE. IN A KNOWING AND INTENTIONAL MANNER. THeiR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF. OIRECTJ.. Y OR INDIR&CTL Y. THIS AGREEMENT. ANY OF THE RELATED DOCUMENTS. ANY OEAL.INGS BETWEEN THEM RELATING TO THe SUB.JeCT MATTER OF THIS TRANSACTION OR ANY RELATEO TRANSACTIONS. ANO/OR THE RELATIONSHIP THAT IS BEING ESTABL.ISHEO BETWeEN THEM. 11. 18. 19. 20. 21. 22. 23. 24, 25. 2ð. 27. 28. **" 20. PUBLIC PURPOSE. During the term of this Agreement, the Equipment will be used by the Lessee only"'for public purposes consisten with the permissible , 3 scope of the Lessee's author1ty. -. + -.. ._~---~. ..._, n___...__._...____.._'_....~_.___._._...._._....__...._....._..............."'" app'icabìe PurchaH Option Pnce In C'~ -1 funds, this Agreement ....aU temnate and Lessor a" 'tllver to the Leasee such deeds ;f:lfT11ir.ation statements, billa of sale t.. ;her doQ¡lNnU and Instrumenta a. this lessee .hal",- ~n8b1y require to evidence the t~ansfer of all nght. tit!e and interest of the t.eaòIìIf'iuch Equipment to the Leaaee "as Is· and 'Where Ia", 'Bout walT8nty, exprua or implied, except that LèS¥Or IhaY warrant that such Equipment Is tree and clear of a. liens created by lASIOr. 2>3. NOTICES: For the purpoee of thie Agreement any notices required to be given, shaJJ be given to the parties hereto In writing and by certified mail at the addreaa herein set forth, or to such other add_... as each party may substitute by notice to tM other, which notice snail be effective IS to leuor upon its reœipt by Lessor and shall be effective as to L..... when deposited In U.S. Mail duly addressed, postage pr.pakl. .;, Applicable Law. This Agreement shail be goÿemed by and construed in aCCOrdance with the Jaws, exc:ludlr.g the lawI relating to thEr choice ot/aw, of the State, 2.'1 Jury Trial Wal".r. THE PARTIES TO THIS AGREEMENT HEREBY UNCONDITIONAlLY WAIVE, IN A KNOWING AND INTENTiONAL MANNER, THEIR RESPECTiVE RIGHTS TO A JURY TRIAL OF ANY ClAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, CIRECn. Y OR IND!RECTl Y, THIS AGREEMENT, ANY OF THE RELATED DOCUMENTS, ANY DEALINGS BE1WEEN THEM RELATING TO THE SUBJECT MATTER OF THIS TRANSACTION OR ANY RELATED TRANSACTIONS, AND!OR THE RELATIONSHIP T~.AT IS BEING ESTABlISHED BETWEEN THEM. 3 .... ~U.l..I. , ,--- '-" -...I 29. <u.. If applicable> DESIGNATION A8 QUAUFIED TAX-EXEMPT OBUGATlON. The Leaa_ hereby apeclflcally dealgnatas the Ag....ment aa a -qua lft.d tax_.mpl obligation- Ior purp..... 0' Section 2ISS(b)(3) of Ih. C<Ida and l.easee (InclUding all ..ubordl....te ~ntitiaa- o'lhe L__ wilhin the m.aning 0' Section,265(b)(3)(E) of lhe Coda) will not dealgnate more than $10.000,000 0' obligations ISSUed by the L.assea In !he cal.ndar y.ar during wnich the Agreement Is .~ and delivered .s suen ·qualifted tax-ex.mpl ob jg~- and ..a.onably anticipatea not to iaau. In the c:alendar y.ar during whiçh the Agrwement Ie azecuted and deAvered obligations bearing int.rest .)(~C from Fadel'lll income tee.tion under s.ction 103 of the Code (other than "prlvale activity bo';'¡s" a. defined In S.ctlon '41 0' th. Code) In an .mount great.r than $10,000,000. <Ins.rt name 0' L___> <Irw.rt name 0' Leaaor> SIgnature: Signature: By: By : Prlnl Name Print Name TltIe: Title: ... TreST: Signature: By: Print Name CeRTIFICATE OF ACKNOWLEDGEMENT. ACCEPTANCE OF EQUIPMENT & COMMENCEMENT OF LEASe No. Acceptan.:. Caca The Equlpmam d.acr1b.d In !he A9MH1ment haa be." d.llv.red to La_, and h.. be.n In.pect.d by ~., and ~ confirms the Equlpmenlla In gOOd wortdng order and condition and" of the alze. de.lgn, capacity and manufacture _lected by It and m_ts the pravlalona of the purch_ orden with ,..pec:t the"'to. Le_ he",by conftrms It Irrevocably acc::oapts .ald 1Iam. 0' equipment '..-1., where-l.· Ior all purpoaes of the Ag_nt _ 01 the Acceptance Cate. CORRECT LEGAL NAMe 01" Lessee !tv T1TLE LESSEE'S CERTIFICATE <Ina.rt ~'a name> (-".-ï haa .nter.d Into Equipment LeaaelPurchue Agr....ment dated as of by and be_n ..__ and <Inaart L...or'a ....m.> (.".&sol") (the ·....greem.nt"). Th. undersigned. being the Secretary (or d.algn_ thereof) and o"'dal cuatadlan 0' cartaln I'eCOrd. of the L_e, d_. hereby cartlfy on beh_1f of the L_ - follows: ,. All members of the "._'a govemlng body had due notice 0' .ald meeting and that, If rwqulrec/ by law, .ald meeting wea open to the g.neral public: 2. Prior to the time of &aid me.tlng I duty cauaed public notJ.:. of the tlm. and place of .ald m_tlng to be c:oneplcuoualy p_t.d In the public Io<:ationa p..vloualy d_Ignat.d Ior auen PU'1'_. and I furth.r duly cauaed public notlca ot the lime and pia.:. 0' said meeting to be given to the newspapers and/or other news media as required by law; 3. Attached "...to aa Attaenment A Ia a true and correct copy 0' the ...olutlon of "._'a go".mlng body aUthortzJng the execution of the Agr..ment and ..Iated matten 8dopted at .aid meeting, which resolution h_ not been am.nded and ..maina In full fo,.,. and .rr.c:t. IN WITNESS WHEREOF. I ha"e h.",unto _t my hand and aftb:ed the seal of Lesaee this _ of Slgn.atur..: Name Prlntad: TItle: [.011_1) 4 ... ,_ "-- u V . ""-J U..L.'; '-" '-wi OPIIIIION OF COUNSEL (DATE] [INSERT LESSOR'S ADDRESS) I ha". acted ~ coun_1 to L._ in connection with ex.cutlan and d.llv.ry by Le.... .of the Equipment LeaaoolPurchaso Agreement d~ted , betwe.n the Lessee and L...ar named th.rein, and all ...Iated .xhlblls, mtac:hments and al/1er dacuments n.C8_~ry tø conaummat. the tranaactlona contemplated the...in (c:.oU.ctJv.Iy, the foregaing la referred to as the "Loa_j. eaaed upon the foregoing e>(amination and upon an ._mlnedon of such oth.r documents, records, and C8rtlflc:acaa and h."ing made such ather Inveatlgatlon as I consider _cea.ar..< to render th. oplnlone herein, I am .of th. opinion thet: ,. L_" a duly organized and legally .....tlng as a poOOcaI .ubdlvlalon under the Constitution and laws of the Staht .of <J..,..rt name of State> ....ith full po_r and authority to .nter into the Leaao and to carry out ita obllgatlana t".",und.r and tho tranaeedons contemplated th....by. 2. Th. I.ee.. has boon duly authortzed. .xecuted and d.liv.,.c; by L..... and, ...uming due .ul/1afizalian, .xecutlon end d.llv.ry th.reof by L....or. constltut.s the leva'. valid and binding obllgatlan .of L_., enfarceabl. against L_... In acc.ardanClt with Its t.rma. subject ta any applicable bankn,¡ptcy. Inaolv.ncy, moratorium or olt1er laws or equitable prindplea aft'.a ng the .nfon::8ment at crediCon' rights g.n.rally. 3. Na IltIg.tlon or pl'OC88dlng ia p.nding or. to the be.t of my knowtedge. It1r.~.n.d to restrain or .nJoln the execution. d.llvery or perfarmanea by ~ of the Lea.. .or In any way to cont.at the validity of th. Loa.... to contaat .or qu_don the creation Of .xlstence of 1.8__ or Ita govemlng body or the authority Of ability .of ~ to _ecute or d.,Jv.r the Lea... or to comply with or perform its obllG.tIon. th....unct.r. Th.... Is no litigation pending or, to the beat of my knowtedge, th....tened ...kIng to l'eS1I'ain or enjoin L..... from annually appropriating sutrldent funds to pay the l.8a.. Paym.nts (as defined In the I......) or other amount. cont.mplatacl by the L~_. ... Th. authorization, approval and e.ecution .01 the Lea.. .nd all other procaedlngs of L..._ relating to 1/1. uan.ac:tiona cont.mplated th.reby have been per1anned in acc:ordance with all applicable open ~ting, public: recorda, pYbli<: bidding and all other laws. nll.a and regulll1ions at the State of <In..rt name of Sta..... The appropriation at moneys to pay the ....._ P.ym.nts ccmlng due under the I..... doe. not and w", noc reault In the violation of any conatltudanal, statutory or other IlmltJltlon rwlatlng to th. mann.r. form or amount at Ind.bted.... which may be InCUrTed by LM_. S. The .ntering into and perfarmance of th. L.... doea not violate any Judgment, oreler, law or regulation appllcabl. to Less.. .or resUlt in any breach at. or conatItuN a default uncler. Of ....ult In the creation of any lion. charge. _11ty Inte....t or other .ncumbrance upon any uaecs of LAss.. or on the equ'prnenc (a. defined In the L....) pu~ant to .ny Ind.ntu.... mortgag.. deed of truat. bank Josn or ~it agr_ment or oth.r InatrUment to whldl LA_ Ie a p.1ty or by whIch It or ita a....ta may be bound. ..~t as pravlded In the L..... IS. Th. Equipment ....aed pursuant to the Le_ conaUtutes paraonal prop.rty and when subJect.d to u_ by Leas.. will not be or become a ftxture under applicable law. 7. Th. ~ 'a wllhln the meaning of Section 103 .of the Intema' Revenue Cad. of , ese. .. amended, and Tr.asury R.gulatlons and Rulings related thoreta. ;I atete or fUlly constituted political aubdlv"lon or agency of a .tate. That portion of Lease Paym.nta made by L..... during the T.rm (as defined In the I.ease) id.nlífted a. Int.re8t. upon raeeipt, will not be Included. .. F.d....1 gross income under .pplic:.able atatut... regulaùons, court declalona and nJllng. existing On the date of thle opinion and consequently will be .x.mpt from present ,.ed.rallncome tax_. This opinion may be relied upon by purchase". snd assignees of l.8aaor's Intereat In 1/18 Leue. V.ry truly yours, type na",. and title under algnaw", :: 5 'w'" ~ FORM I038G OR IO.:s8GC If the principal .mount of the Agreement is $100,000 or more, FOITn a0:3a.G should be flied within AS days after the ciose of the calendar- year quarter III which the Agreement WIIS funded. If the prlndpal amount at the Agreement is less than $100,000, Form a03ð-GC should be IIled by the February 15 after t.... c:IoM of the calendar-year in whictl the Agreement wall funded. 8 4IJ U.l... . Fatm 8038-G "'-" ........, Information Return for Tax-Exempt Governmental Obligations . Under Internal Revenue Code section 149(e) ÞO SM separate InGtrUctiOrlS. (Note: Use ¡:OfTTI 8038·GC if the issue price Is under $100,000.) If Amended Return, check here ~ 0 2 Issu~s empfoyer Idendtlcatlon nUmber OMS No. 154.5-0720 3 Number and street (or P.O. box if mail is not delivered to ;treet address) Aoomlsuite 4 Report number G19 6 Date of issue 5 City, town, or peat office, state. and ZIP code 7 tqme of issue 8 CUSIP number FInal maturity. entire Issue . Uses of Proceeds of Bond Issue Includin· Proceeds !Jsed for accrued interest . . . '. . . . ..... . . Issue price of entire Ì3$Ue (enter amount from line 20, column (c)). . Proceeds ~ for bond issuance costs (Including underwritel"$' ålScount) 23 Proceeds used for credit enhancement: . . . . .'. . . . 24 Proceeds alloCiiited to reason~y required reserve or replacement fund 2S Proceeds Used to currently refund prior issues 26 Proceeds used to advance refund prior issues . '. . . . .'. 27 Total (add lineS 23 through 27). . . . . . . . . .' . . . . . . . . . . Nonrefundin ceeds of the issue subtract line 28 frcm line 22 and enter amount here. . . Descri tfon of Refunded Bonds Com lete this art onl f.or refundin bonds. Enter the nmaini.ng weighted average maturity of the bonds to be cùrrent!y refunded . ~ Enter the remaining weighted average maturity of the bonds to be advance refuncled _. ~ Enter the last date on which the refunded bonds will be called. . . . . . " . ~ ·enter the clat $ the refunded bonds went issued ~ MIscellaneous Enter the amount of the state volume cap allocated to the Issue under section 141 (b)(5) ~ter the amount of the bonds designated by the Issuer under section 265(b)(3)(B)(i)(JIO (smaIl Issuer exception) Enter the amount ot gross proceeds Invested or to be Invested in a guaranteed Investment c:ontract (see instn.Jctloos) Enter the tinaJ maturity date of the guaranteed investment contract . ~ Pooled financ:ings: a Proceeds of this iaaue that are to be used to make loans to other governmental units 37a If thIs issue is a loan made tTom the proc:eeds of another tax-exempt Issue, chec:k box ~ 0 and enter the name of the Issuei' ~ and the date of the issue ~ 38 If the i6suer has elected to pay a penalty in lieu of arbitrage ntbate, check box . . . ~ 0 39 If the Issuer-has Identified a hed e. check box . . . . . . . . _ _ . . . . ~ 0 lk1der perWQes 0( Þ«jury, I declare that I have eJUUnIt1ed ItIIs I'OII./m and IICCOmp8l1ylno ødledulell and at«tomenls, and to the be&t of my knowiedge and belief. they .,., 1nJe, COI'I"OÇt, and con\EII8t.. 9 0 10 11 12 13 14 1S 18 17 18 9 $ 10 11 12 13 14 15 16 years years 34 35 368 b 37 b 34- 35 368 Please Sign Here ~ , Signature oIlssuet's .uttlcrized ~ [)¡ to For Paperwork Reduction Act Notice, see page 1 of the Instruc::tions. œ -- - twø)'GMd__ ~ Type Of' print name and tJde C4t. No. 63T73S Form B038-G (Rev. 5-95) 'U..S. ~ P"'I"II om.:.: ,. _ 3IJ7.œ5I2CICD